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HomeMy WebLinkAbout3722Southold Town Board of Appeals NIAIN Rr'IAD- STATE RDAD 25 513UTH~DLD, L.I., N.Y. llCJ'71 TELEPHONE {516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3722 Application Dated March 24, ]988 TO: Patricia C. Moore, Esq. Moore & Moore as Attorneys for MANFRED E. KUERNER Main Road, Box 23 Mattituck, NY 11952 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on May the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variancesto the Zoning Ordinance Article III , Section 100-3l, Bulk Schedule, and Article XI, Section ]00-119.2B [ ] Request for Application for MANFRED KUERNER for Variances to the Zoning Ordinance, Article XI, Section 100-119.2, and Article III, Section 100-31, Bulk Schedule, for permission to extend garage an additional two feet from that previously granted under Appl. No. 3706 and to construct additional living area at rear of dwelling with reduction of nonconforming sideyard at the north and south sides, insufficient total sideyards, excessive lot coverage, and within 75 feet of bulkhead along highwater of "Old Cove" [a/k/a Arshamomaque Pond]. Location of Property: East Side of Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-3. WHEREAS, a public hearing was held and concluded on April 1988 in the Matter of the Application of MANFRED KUERNER-under Appl. No. 3706; and 14, 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 shown on the survey mapped April 3, 1981 by Roderick VanTuyl, P.C. to have a lot width of 50.0 feet (along the east side of Carole Road), and lot depth of 100 feet, for a total of 5,000 sq. ft. 2. The subject premises is located in the "A" Residential and Agricultural Zoning District, is identified on the Suffolk County Tax Maps as District 1000, Section 52, Block 2, Lot 3, and is improved with a single-family, one-story dwelling as shown by copy of survey mapped April 3, 1981, by Roderick Van- Tuyl, P.C. to be set back 24± feet from Carole Road, 25± feet from the existing bulkhead, sideyard, and ll± feet from (CONTINUED ON PAGE TWO) DATED: May 12, 1988. Form ZB4 (rev. 12/81) 5½± feet from the most northeasterly the most northwesterly sideyard, CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appl. No. 3722 Matter of MANFRED E. KUERNER Decision Rendered May 12, 1988 and 16± feet from the southerly sideyard (at its closest point). 3. By this application, appellant requests the following relief to construct two separate additions: (a) for a 5 ft. x 28 ft. addition at the rear of existing dwelling with a reduction of the present nonconforming setback from the bulkhead at not less than 17 feet and from the north- erly sideyard at its closest point at not less than 4'5"; (b) for a 12' x 22' garage addition, increasing the size by an additional two feet from that previously granted under Appl. No. 3706 on February 2, 1988, leaving an insuffi- cient southerly sideyard setback at four feet at its closest point and insufficient total sideyards at 9 (or 9½) feet; (c) lot coverage total of 1132 square feet; (d) increased height of garage addition not to exceed 15 feet, rather than the 12 ft. height limited under prior Appeal No. 3706. 4. Article III, Section lO0-31, Bulk Schedule of the Zoning Code requires minimum sideyards at 10 and 15 feet, for a total of not less than 25 feet for both sideyards, and maximum lot cover- age at 20 percent. 5. Article XI, Section lO0-119.2(B) requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. 6. For the record it is noted that under prior Appeal No. 3706, action has been taken concerning both the rearyard addition and the garage addition rendered February 2, 1988, presently under consideration with modifications. 7. The Courts have held that the area setback variance must meet the "practical difficulties" standard, considering at least the following: (a) the relief requested is not substantial in relation to the requirements; (b) the project as proposed is not out of character with the neighborhood; (c) the circumstances of the property are unique and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, comfort, convenience or order of the town; (e) the variance shall be the minimal necessary; (f) there is no other method feasible for appellant to pursue other than a variance. 8. The percentages tion are substantial in requirements. of relief requested by this applica- relation to the current zoning 9. In considering this application, the Board also finds and determines: (a) the setbacks of the existing dwellings are presently nonconforming, including the applicant's dwelling; Page 3 - Appl. No. 3722 Matter of MANFRED E. KUERNER Decision Rendered May 12, 1988 (b) the difficulties claimed are unique to the property, particularly due to its nonconforming size; (c) the immediate area does consist of other lots with similar situations; however, the setbacks of the two neighbor- ing properties from their existing bulkheads to the dwellings are at 23 feet and 30.7 feet [now Stewart and Hribok], and the premises further north [now of Smulcheski] having a setback from the bulkhead at 26.5± feet. The closest setback from the bulkhead was found to be that of Ippolito, four lots to the north of the subject premises, at 17 feet; (d) the area consists of dwellings with nonconforming sideyards, ranging from 5.5 feet, and greater; (e) the grant of the relief requested for the easterly rear addition is out of character with the area and will create further nonconformities, adverse to the spirit and intent of the zoning ordinance; (f) there is no other method feasible for appellants pursue other than a variance, except for a second-story addition; to (g) the relief requested as to the easterly [rear] yard and northerly side yard setbacks are not the minimal necessary; (h) the "practical sufficiently satisfied as relief requested by this difficulties" test has not been required by law to permit the entire application; (i) in considering this application, the interests justice will be served by granting the easterly [rear] addition as applied, granting an increase in the limited height of the 10 ft. by 22 ft. garage addition from 12 feet to 15 feet high, and denying the further reduction requested for the garage addition, and as further noted below. of Accordingly, on motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the following new construction in the Matter of the Application of MANFRED E. KUERNER under Appl. No. 3722, SUBJECT TO CONDITIONS NO. 1~ 2, 3, and .4 RENDERED UNDER APPEAL NO. 3706 FEBRUARY 2, 1988: 1. Rearyard addition of a size 5 ft. by 28 ft. with setbacks of not less than 17 feet from the existing bulkhead, and not less than 4'5" from the northerly sideyard, as applied; 2. Maximum height at one-story up to 15 feet (instead of 12 ft.) for the 10 ft. by 22 ft. garage addition, as applied, and with a continuously unobstructed and open six-ft, setback from the southerly sideyard; 3. Lot coverage in excess of 20% [if any] of the total Page 4 - Appl. No. 3722 Matter of MANFRED E. KUERNER Decision Rendered May 12, 1988 lot area, for the new construction noted in Conditions #1 and #2 hereof. Vote of the Board: Ayes: Grigonis and Douglass. (Member resolution was duly adopted. Messrs. Goehringer, Doyen, Sawicki was absent.) This lk GERARD P. GOEHRINGER, May 19, 1988 RECEIVED AND FILED BY THE SOUTH©LD TOWN CI,¥,RK DATE ~'/~/~r HOUR Town Clerk, Town of Southold 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, New York, on THURSDAY, APRIL 14~ 1988 at the follow- ing times: 7:30 p.m. Appl. No. 3719 - SOUTHOLD SAVINGS BANK. Variance to the Zoning Ordinance, Article VI, Section 100- 60(C)[2](a) for permission to erect an oh~premises building identification sign, the lower edge of which will be less than four feet above ground. Location of Property: 1400 Railroad (Youn§s) Avenue, Southold, NY~ County Tax Map Parcel N6s. 1000-60-2-10.4 (prev. 10.2 & 10.3). 7:35 p.m. Appl. No. 3716 - ROBERT E. WALDRON, JR. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition at rear of existing dwelling which is less than 75 feet from the mean highwater mark along dredged canal at James Creek, Mattituck. Location of Property: 2980 Ole Jule Lane, Mattituck, NY; County Tax Map Parcel No. 1000-122-4-17. 7:40 p.m. Appl. No. 3575 ROSA J. HODGSON. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the insufficient area and width of parcel to be set-off in this pending division of land. Location of Property: North Side of Pine Neck Road, Southold, NY; County Tax Map Parcel No. 1000-70-6-33. Containing 7.152 acres total. 7:50 p.m. Appl. No. 3707 JOSEPH F. CITARDI. Variances to the Zoning Ordinance, Articles: (a) XI, Section 100-119.2 as to insufficient setback from bank or bluff along the Long Island Sound, and (b) III, Section 100-31, Bulk Schedule, as to insufficient frontyard setback from the front [southerly] p~operty line along C.R. 48, in this proposal to construct new single-family dwelling. Location of Property: 56225 C.R. 48, Greenport, NY~ County Tax Map Parcel No. 1000-44-01-22. Page 2 Notice of Hearings ' Regular Meeting - April 14, 1988 Southold Town Board of Appeals 8:05 p.m. Appl. No. 3709 EDWARD A. HANUS. (Recessed from February 18, 1988 as agreed). Special Exception for approval of Accessory Apartment within existing dwelling in accordance with the requirements of Article III, Section 100-30B(15). Location of Property: 635 Lupton Point Road, Mattituck, NY; County Tax Map Parcel No. 1000-115-11-3. 8:15 p.m. Appl. No. 3715 BERNARD KIERNAN. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct additions to dwelling and accessory structure(s) within 75-feet of the ordinary highwater mark along Southold Bay. Location of Property: 1605 North Parish Drive, Southold, NY; County Tax Map Parcel No. 1000-71-1-15.  8:20 p.m. Appl. No. 3722 - MANFRE~D KUERNE~R. Variances"-'"~ the Zoning Ordinance, Article XI, Section 100-119.2 Article III, Section 100-31, for permission to extend age an additional two feet from that previously granted / under Appl. No. 3706 and to construct additional living · area at rear of dwelling with reduction Of nonconforming / sideyard at the north and south sides, insufficient total ! sideyards, excessive lot coverage, and within 75 feet of bulkhead alon hi hwater of "01 g g d Cove" [a/k/a Arshamomaque Pond]. Location of Property: East Side of Carole Road, ~Southold, NY~ County Tax Map Parcel No. 1000-52-2-3. 8:30 p.m. Appl. No. 3687 JON C. KERBS. (Recessed from March 17, 1988). Interpretation and, if necessary, Variance under Article XI, Section t00-119.2 of the Zoning Code, for permission to locate building pursuant to DEC Permit #10-86-0092 and Trustees Wetland Permit #373. Location of Property: East Side of Narrow River Road, Orient; County Tax Map Parcel No. 1000-27-2-5. 8:45 p.m. TARTAN OIL CORP.: (a) Appll No. 3633 - Special Exception under Article VII, Section lO0-70(B) of the Zoning Code for approval of the establishment of a partial self-service gasoline station; and (b) Appl. No. 3636 Variance under Articles VI, Section 100-62(B), VII, Section lO0-70(B) for an Interpreta- tion of "retail shopping center" and for permission to establish convenience store as an accessory to the existing gasoline-service station. Page 3 Notice of Hearings Regular Meeting - April 14, 1988 Southold Town Board of Appeals Location of Property: South Side of Main Road, West Side of Marratooka Lane, and the East Side of Sunset Avenue, Matti- tuck, NY, 1000-115-3-9. Zone: "B~I" General Business. 8:50 p.m. Appl. No. 3703 JOHN AND EVELYN KEATING. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct new dwelling and garage with an insufficient setback from top of bluff or bank along the Long Island. Location of Property: 19995 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-04-006. 9:00 p.m. Appl. No. 3710 - THE COVE AT SOUTHOLD, INC. (Continued from March 17, 1988). The Board of Appeals will hear at said time and place any and all representatives or persons desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: April l, 1988. BY ORDER OF'THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary FORM NO. 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLI), N.Y. NOTICE OF DISAPPROVAL File No ................................ To e.a. ~...~....~..%. ~.~.~.a.. ~... ~5 .-eo .~..L4. h.k ........................ . .%.~..~....~.~.,.. ~.5..n..~ ...... PLEASE TAKE NOTICE that your application dated .. for pe~mit,o const~c,..o-..~.~..~~..~..a~.'- ................ at Location of Property ...~0 ..... ~. ~. ~rpr~ .1 ..................... Hottse No, Street Hamlet County Tax MapNo. lO00Section ...~.~. .... Block ...~.~ ...... Lot ..~.~ ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~d~i~.~.. ~ .J..t. rp..: .~ ~-r~., ~;....O-~.. :.~...x ;'...~,~.' .. ~.~ ,~: ~ ;...~. ~.~. ~~.; ~~ .~ ~~. ~ ~ .~ .~ ~':o .9 w.~.~.~; ......... Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPEC~o6 DATE .............................. 1, (We) ......M..a..n..~ ~.~ ~ ..~.,... ~fe ur.n e_r .................. of ........... 4 O.-.C~r-~ ~,e..R~a~l, ............................... Nome of Appellant Street and Number .......... .S..o...u..t;..h.Q),.~ .................................................................. ~e~..~'~=~, ...... HEREBY APPEAL TO Munlcipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .B.qg.u..~.t.....Z...8..,.....Z..9..8.7. ................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of ...... ..B..o...x.....1..4..6...6..,........S..o..u...t..h...o. 1 .el ,... I~ ~... ~/.~ rj~ .. 11 ~.7.1 ....................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (X) PERMIT TO CONSTRUCT 1. LOCATION OF THE PROPERTY ..4.Q...C_a..¥..o..1...e....B.Q.~.d..,....$.Q.~h~.~.~....~r...R.=~/lfgz.i ........... Street /Hamlet / Use District on Zoning Map District 1000 SectionO52Block °~Lot 03 .................................................................................. Current 0~ner Manfred E. Keurner Map No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-31. Art. XI, Sec. 100-119.2 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (hos)~b~X~) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (X) request for a variance 3706 December 18, 1987 and was made in Appeal No ................................. Dated ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested forthe reasonthot Appellant wishes to construct a 5'x28' bedroom expansion to rear of property and garage 12'x22'- 15' in height and variance from 20% lot coverage. (Board approved 10x22 garage limited to 12' in height in Appeal #3706) Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF T~,~R~I~,I~IICE would pr~uce practical difficulties or unneces- sary HARDSHIP because .. Appellants originally~'f~d~'f~7' x 28' addition to rear of property to be used as expansion to bedrooms. Appellants have reapplied for 5' x 28' expansion to bedrooms. Property is improved with 28x31' year round, existing residence which is set back 7' and 5' (to the North) and 15' and 17.5' (to the South) and set back ~22' from cement bulkhead as shown on diagram and survey dated April 3, 1981. Existing Lot is only 50' x 110' and predates the zoning ordinance. Structures will exceed 20% lot coverage by only .03% (permitted 1100 sq. ft.,requesting 1272 sq. ft.) . The additional feet are requested because appellants inadvertantly misca~ulated the amount of storage required. The existing residence has no basement and insufficient storage area. 2. The hardship created is UNIQUE ondisnotshared by all properties alike in the immediate vicinity of this property and in this use district because This Board has granted variances for similar properties in the immediate community. Appellants property and dwelling are identical to Ippollito's property. Ippollito received a variance from this Board in 1987. The property in question is extremely small and fully protected by a cement retaining wall. The Keurner property although identical in size and setbacks to the Ippollito property appears visually smaller because of wire fence and shed. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Every property along Carole Road has sought and received a variance for their property. The height of the garage additions approved by the board were 15' in height. In the Keurner appeal the board limited the garage addition to only 12' in height. STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this ............ '~..~....~...~.. ................... day of......-.~...~...~.. ............................... 19 ~ TOWN OF SOUTHOL, D PROPERTY OWN,ER STREET VILLAGE .... ,~ "~., . ~ '~ LI" ~ ~.~_ .~q ' 'M.~ J~.~,~'~.~ , ~*~ .~. ~ Wv. 6 6 r.. ,., R~.~f S~S.i ~ FA~ CO~. CB. MISC. ~kt. Value ~ND I,.,P. TOTAL DATE REMARKS AGE ' BUILDING CONDITION N~ NOR~L BELOW ABOVE FARM Acre Value Per Value Acre Tillable ! Tillable 2 Tillable 3 W~land Swampland // FRONTAGE ON WATER Bmshla~ FRONTAGE ON ROAD ~ / H~se PI~ ' ' DEPTH : ." BULKH~D Total ,.~ ,,, j ' D~K COLOR M. Bldg. Extension Extension Extensior Porch Porch ~' Breezeway Garage Patio O. B. Total Foundation Basement E~t. Walls Fire Place Type Roof [ecreation P, oorr Dormer Driveway Bath Floors interior Finish Heat Rooms 1 st Floor Rooms 2nd Floo~ Dinette DP., ¸BR. FIN. B. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE Ir. KOPpIELMAN DIRECTOR OF PLANNING May 27, 1988 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 Co~ission 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) Manfred E. Kuerner 3722 Very truly yours, Lee E. Koppelman 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. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Pursuant to Board of Appeals the following to xx Article XIII of the Suffolk County Charter, the of the Town of Southold, New York, hereby refers the Suffolk County Planning Commission: Variance from the Zoning Code, Article III, SectionlO0-3l Bulk Schedule ~ticle XI, Section 100-119.2B Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal N0.:,3722 Applicant: Manfred E. Kuerner Location of Affected Land: Carole Road, Southold, County Tax Map Item No.: 1000- 52-2-3 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) NY State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or State or Federally Owned Land Federal Park or or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to extend garage an additional two feet previously granted under Appl. No. 3706, add living area at rear of dwell, with ~ueduction of nonconf, sideyard at the north and south ~id:m, insuff, total sideyds, excessive lot coverage and within 75' of bulkhead Copies of Town file and related documents enclosed for your review. Dated:may 24, 1988 Southold Town Board of Appeals MAIN Rr'IAD- ,STATE ROAD 2,5 ,50UTHOLD, L.I,, N.Y. 11g71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .tR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI May 19, 1988 Patricia C. Moore, Esq. Moore & Moore P.O. Box 23 Mattituck, NY 11952 Re: Appl. No. 3722 - Manfred E. Kuerner (Variances) Dear Pat: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board-of Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to issuance of any permits be applicable. return to or other the Building Department for approvals in writing as may Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Building Department By Linda Southold Town Trustees Suffolk County Department of Planning Kowalski APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHA[RMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel fre'e to 'call our office, 765-1809. Yours very tr~ulv_..., ~ G~RAI~D P. GOEHR~'NGER j CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk Page 4 - Appl. No. 3722 Matter of MANFRED E. KUERNER Decision Rendered May 12, 1988 lot area, for the new construction noted in Conditions #1 and #2 hereof. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Douglass. (Member Sawicki was absent.) This resolution was duly adopted. Ik May 19, 1988 KEURNER HOUSE : 28 x 31 = 868 GARAGE: 1--2 x 2-2 = 264 (as requested) LOT: 50 x 110 = 5500sq.(DEED) 50 x 100 = 5000sq.(to Bulkhead) (10 x 22= 220 approved) 868 (HOUSE) + 264 (GARAGE) = 1132 1132/ 5500 = .2058% (.058 excess of 20% lot coverage) IPPOLITO %7'4" Hgt. GARAGE: 15' Mg~. 28' Wdth. 12'Wdth. 36' Lnth.(Depth) 24'Lnth. SMULCHESKI ~ 4" Hgt GARAGE: 15' Hgt; 28' Wdth. 10' Wdth. 24' Lnth.(Depth) 24' Lnth. HRIBOK 2 story (35) GARAGE: 15'9" Hgt 28' Wdth 10' Wdth 24' Lnth.(Depth) 24' Lnth KEURNER House: 18'4" Hgt. GARAGE: 28' Wdth 31' Lnth (Depth) 36'(with 5' addition) 12' Hgt (15' requested) 10' Wdth (12'" " ) 22' Lnth(Depth) (note: all others are 24'Depth) mRANSCRIPT OF HEARING SOUTHOLD TOW~N BOARD OF APPEALS REGULAR MEETING OF THURSDAY, APRIL 14, 1988 Appl. No. 3732 Applicant(s): Manfred Kuerner Location of Property: E/s Carole County Tax Map ID NO. 1000- 52-2-3 Road, Southold Board Members present: Chairman Goehringer P. Goehringer, Members: Doyen, Douglass, Grigonis and Sawicki. Also present were approximately 40 personsin the audience & Linda Kowalski, Secretary of Zoning Board of Appeals. (Building Department Administrator, Mr. kessard was absent.) The Chairman opened the hearing at 8:38 o'clock p.m. and read the legal notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a ~rvey produced by Roderick VAnTuyl, P.C. as mentioned in the application. The most recent date is April 3, 1981 indicating this particular one-story dwelling. I have a sketch copy of proposed additions as requested by the nature of this application. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Would you like to be heard? PATRICIA C. MRS. ~OORE.: Before I begin, I'd like to thank the Board for sche- duling us so quickly. The Kuerners are anxious to start construc- tion and this appeal is going to be part of the complete construc- tion. I also request that appeal number 3706 be incorporated and be made part of this hearing so that I don't repeat and resubmit all the exhibits yoh have in the file. They have .... The Kuerners have reapplied with a lesser variance. They have come back and ap- plied for the addition in the rear which I'd like to correct my statement that there were two bedrooms. It's my error. It's one bedroom and a living area. So in fact, it still remains a five foot addition in the rear. I'd like to point out, as you know' from inspections, that this area, Carol Road, is only approximately 600 feet in length from one end to the other and it's primarily de- veloped all along the east side. All the properties are less than ten feet from each other. So that when one appeal is given, for example; the Deletto case, the Kuerners feel very strong that in a case that is identical, that they should receive similiar treatment. They, in fact, did apply for something less than what other appli- cations requested. They have come back to the Board of a two foot enlargement of the garage addition that was granted. It was their error when they were submitting the papers that they just did not calculate the lack of storage on the property and the fact that they are reducing the addition in the rear to five feet, they felt it would be reasonable to request that the garage be made 12 by 22. have some numbers of the variance of the house sizes .... I have to apologize. As you can see... I know the Board questioned where the num- bers are coming from on this property. The house is 28 by 31. That's Page 2 - Thursday~A~il 14, 1988 Public Hearing -ar~ed Kuerner Southold Zoning Boa of Appeals MRS. MOORE (continued): not a problem. The garage as has been requested, 12 by 22, I have a square footage there. Assuming a 50 by 110 foot lot which is a 5,500 square foot piece of property, there was a discrepan- cy when I went back and looked at the papers, that the old sub- division map showed a lot of 50 by 110. The survey showed a 50 by 100. The discrepancy was that when the bulkhead on the property, it was shown at 100 feet. The deed description which I have a deed here for you and I'll submit, is 110. So that in fact, it's plus or minus 110. As you can see from the size of the garage that the height of the garages that have been granted in the past, are 15 feet. It was quite a when the decision came back, feet. That was unusual that received similiar variances, garages now improved, are 15 an additional difficulty for surprise to Mr. and Mrs. Kuerner that that they were being limited to 12 in all the other properties that had in fact, all the properties that have feet in height. The 12 foot created them, practical difficulty because they have so very little storage. That that additional space was going to be used for storage. They hav~ agreed to a one-story ga- rage. That is not a problem. And they have agreed to two garage doors in conformity with the zoning decision and with the other appeals that have been granted in the neighborhood. Again, the increased width of two feet to the garage, makes up for the dif- ference that the depth of the garage is all along this area, 10 by 24. Eppilitto is 12 by 24. The other two properties are 10 by 24. The Kuerners had originally requested 10 by 22. Now they request a 12 by 22. They're still equal to if not less than the requests that have been made in the past. There are only four homes here. The fifth home which is right next to the Kuerners, we can get the dimensions. However, the house is situated in such a way that it faces the water differently. So the setbacks would not really be clear and the size of the house would just not be consistent with the other just because of the positioning of the house. But if you'd like that information, we can provide it to you. I'd also like to emphasize that the neighbors in this area are very much in support of the Kuerners. They provided this information that you have before you and they recognize that this community is being developed and is being developed consistently. Each application is coming in similiar if not the same relief requested. I'd also like to point out that in the previous ap- peal, I did emphasize that they could not go up as an alternative request. Mrs. Kuerner does suffer from a physical disability and she, as you know, the Board does not ordinarily does not consider the individual's practical difficulty. However, her physical dis- ability does present a family member with a problem. Then the Board can consider this in determining practical difficulty. Just to re- cap very quickly from the previous appeal, the property is subject to a 20 foot right-of-way, is only 50 by 110 plus or minus. The neighborhood is entirely non-conforming. So this property is not substantially different than any property in the neighborhood. In fact, Eppilitto is the one that we emphasize, is identical, abso- lutely identical. The neighbors have supported the request. And we request that in fairness, based on the facts you've received, based on the record that we submitted, that you please grant Mr. and Mrs. Kuerner the requested variance. If the Board has a prob- lem with any of the issues, Mrs. Kuerner would be happy to address Page 3 - Thursday, ~d~ril 14, 1988 Public Hearing - M~ed Kuerner Southold Zoning boai~d of Appeals MRS. MOORE (continued): any concerns you have or any questions you have or even any con- ditions you might impose on them. Because after the fact, is very difficult for them to deal with it and know how to resp6n~ to it. So they don't want to come back again. CHAIRMAN GOEHRINGER: I just wanted to ask you, are now dealing with 17 feet from the bulkhead. With the proposed rearyard addition. Mrs. Moore, we Is that correct? MRS. MOORE: From five .... I believe so. I believe that Mr. Kuerner provided a sketch which shows the difference. I don't have it in front of my. CHAIRMAN GOEHRINGER: I had thought it was 19 that we had. We'll do the measurements on it. MRS. MOORE: There may be some inconsistency there because that survey was so small. It was difficult ~o get an accurate descrip- tion. CHAIRMAN GOEHRINGER: As for the 12 feet, from the Smalczewski and the Riebock and all the rest of the applications that we've had, we run into a problem with one-story, two-stories. We found that one-story buildings ended up to be two stories. In fact, we found a two-story building and it ended up to be three stories. So there- fore, we had one garage that was still two stories and it ended up to be 28 feet in height. So therefore, we're now talking one-story at 12 feet. So we understand the purpose or the need for 15 but... MRS. MOORE: Are you talking about this problem occured along this area? CHAIRMAN GOEHRINGER: It's occured in all the areas. MRS. MOORE: Because I believe that in this particular area, that all the heights have been maintained at one story or 14 feet. I believe the code allows for 18 feet on an accessory structure. And unfortunately with the attached, there is the limitation that you can go up to 35 feet. CHAIRMAN GOEHRINGER: Right. I'm just telling you that it was nothing personal towards this applicant that we have changed our policy in reference to height of garages. Regardless if they are attached or unattached and that was basically limiting them at 12 feet unless the applicant has some particular problem with that. So that was the reason for the 12 feet and I do understand the rea- son why they need 15. So at this particular time, I can't grant your request because I have no idea how the Board feels. So there- fore, there's really no reason to discuss anything with Mrs. Kuerner at this point. I'll be honest with you. So we'll just go on the basis of what you've presented. Page 4 - Thursday ,April 14, 1988 Public Hearing - M~red Kuerner Southold Zoning Board of Appeals MRS. MOORE: If you do have a question, I understand you do not take additional testimony. However, if you do have a question that is unclear in the paperwork that you have this evening, I'd be happy to clarify. Thank you. CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Questions from Board members? Hearing no further questions, I'll make a motion closing the hearing re- serving decision until later. Ail in favor AYE. ~/~ cji Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 5FtUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS April 14, 1988 GERARD P. GOEHRiNGER, CHAIRMAN CHARLES GRIGONIS, JR. S .E . Q .R.A . SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE E~VIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3722 PROJECT NAME: MANFRED KUERNER This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- 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: Ix] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION:Extend garage an add. two ft., additional area with reduction of nonconf, sideyard, excessive lot coverage, insufficient total sideyards and within 75 feet of bulkhead LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Carole Road, Souqhold, NY 1000-52-2-3 living REASON(S) SUPPORTING THIS DETEP~[INATION: (1) An Environmental Assessment 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) h re i f r Sect' '6 T e 61 e equested is a setback variance as regulated by ~R ~[~R I~T~,R~LEASE 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 the applicant or his agent and posted on the Town Clerk Bulletin Board. r~c EN, pursuant to Seclion 267 of the Town Law and the Coue of the Town of Southold, the following hearings will be held the Town Halt, MahV Road, Sonthold, NY, on ~ APRIL 14~ 1988 at the follow- ing times: 7:35 p.m. Appl. No. 3719- SOUTHOLD SAVINGS BANK. Variance to the Zonins Ordinance, Article VI, Section 100-60 (C) [2] (a) for permission to erect an on-premises building identification Sign, the lower edge of which will be less than four feet above ground. Loca- tion of Property: 1400 Railroad (Younss) Avenue, Southold, NY; County Tax Map Parcels Nos. 1000-60-2-1.4 (prey. 10.2 & 10.3). 7:35 p.m. Appl. No. 3716- ROI}ERr E. WALDRON, JR. Variance to the ZOUlnSOr dinance, Article XI* Section 100-119.2 for permission to con- struct deck addition at rear of existing dwelling which is than 75 fcet from the mean hishwater mark alonS dredged canal at .lames Creek, Mat- tituck. Location of Property: 2980 Ole Jule Lane, Martituck, NY; County Tax Map Parcel No. 1000-122-4-17. 7:~,o p.m. Appi. r~o. 35?5- ROSA J. HOD~SON. Variances to the Zoning Or, dinance, Article II1, Section 100-31, Bulk Schedule, for aP- proval of the imufficient area and width of parcel to be set-off in this peadinS division of land. Location of Property:. North Side of Pine Neck Road, Southold, NY; County 'Pax Map Parcel No. IG~0-70-6-33. Con- raining 7.152 acres total. 7:50 p.m. Appl. No. 3707- JOSEPH Ft. be CIT~RDI. Variances to Zonin~ Or- dinance, Articles: (a) XI, Section 100-119.2 as to insufficient set- back from bank or bluff alons the Long Island Sound, and (b) 111, Section 100-31, Bulk Schedule, as to insufficient fromyard setback from the front [southerly] property line along C.R. 48, in this proposal to con- struct new single-family dwell- lng. Location of Property: 56225 C.R. 48, Greenport, NY; County 'lhx Map Parcel No. 100~ ~.~. 01-22. 8:05 p.m. Appl. No. 3709- EDWARD A. HANUS. (Recess- ed from February 18, 1988, as agreed). Special Exception for approval of Accessory Apact- ment within existing dwe~ing in accordance with the re- quirements of Article II1, Sec- tion 100-30B(15). Location of Property: 635 Lapton Point Road, Matfituck, NY; County Tax Map Parcel No. 1000-115-11-3. 8:15 p.m. AppL No. 3715- BERNARD KIERNAN. VaBance to the Zoning Or- dinance, Article Xl, Section 100-119.2 for permission to con- struct additions to dwelling and accessory structure(s) within 75 feet of the ordinary highwater tion of F't~,l,,erty: 1605 North Parish Drive, Southold, NY; County Tax Map Parcel No. 1000-71-1-15. ~'~1t:~0 p.m. AppL No. 3722- '~n-ianc~ to ~.i~ Zo~dng i~ce, .~a'ticle XI, Section 100-119.2 and Article III, tion 100-31, for permissinn to extend 8~ase an additional twq feet from that previousl~ ginned made' APPl. No. and to construct additional liv~ in8 ~,~.a at r~r of dwellin~ with reduction of nonconforming sid~rd at the north and south sides, insufficient total sideyards, excessb,~ lot cowrie, and within 75 feet of bulkhead along highwater of "Old [a/k/a Arshamomaque Pond]. Location of Property: East Side of Carole Road, Southold, NY; County 'Iix Map Parcel No. 1000-52-2-3. 8:30 p.m. AppL No. 36ff'/- JONC. KERBS. (Recessed from March 17, 1988). Interpretation and, if necessary, Variance under Article XI, Section 100-119.2 of the Zoning Code, for permission to locate buildi~ pursuant to DEC Permit No. 10-86-0092 and Trustees Wetland Permit No. 3'73. Lo~- tion of Property: East Side of County Tax Map Parcel No, 1000-27-2-5. 8:45 p.m. TARTAN. OIL CORP,.: (a) AppL No. 3633- Special' Exception under Article VII, Section 100-70(B) of the Zonil~ Code for approval of the establishment of a partial self- service gasoline station; and (b) AppL No 3636- Variance under Articles VI, Section 100-62(B), VII, Section 100-70(B) for an lnt~-rp,~ation of "retail shoppin~ center" and for permission to establish con- veniance store as an accessory to the existing gasoline-service station. Location of Property: South Side of Main Ro~d, West of Marratooka Lane, and the East Side of Sunset Avenue, Mattitock, NY, 1000-115-3-9. Zone: "B-I" General Business. 8:50 p.m. Appl. NO, ...HN .... D ,,, tion 100-119.2 for permissio~l tO construct new dwelli~ and garage with an insufficient back from top of bluff or ~ along the Lon~ island ~ Location of Soundview Avenue, Southoid, 1000-51-04-006. 9:.00 p.m. AppL No. THE CQVE AT SOUTHOLD. INC. (Continued from Match 17, 1988). The Board of Appeals hear at said time and place all lng to be heard in each of the not start before the time allot- tea. Written comments may be submitted prior to the conclu- sion of the subject heminll. For more information, please call Dated: April I, 1988 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary 1T-4/7/88(59) 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 w / once each eek for ........................... weeks successively, commencing on the ......... .? ........... d~ ~..~-~... ~.~...~: ..... , ~ ~ .,C.C. Sworn to before me this ~ day of Notary Public B,*~.B,q~ I~OI~BI~S Notary Public, State o~ N~ Y~ m ~r~'I/~ O~e'lt~t~l~ I to construct addittonal living area~. ......... ~ of n~o~ :de ard ' ' -- held b thc t ~ ~ 75 f~ ~ ~ at a Rear Mee~g at ~6~ of ~ ~ -- , thold, NY, J the following thnes: 7:30 p.m. Appl, No, 3719 - ~OUTHOLD SAVINGS BANK. Variance to the Zoning Ordinance, Aniele VI~ Section 100-60(C)[2](a) for permission to erect an on- premises building identification sign, the lower edge of which will be less than four feet above ground. Location of Property: 1400 Railroad (Youngs) Avenue, Southold, NY; County Tax Map Parcel Nds. 1000-60-2-10.4 (prev, 10.2 & 10.3), 7:35 p.m. Appl. No. 3716 - ROBERT E. WALDRON. JR. Variance to the Zoning Ordinance, Allicle XI, Section 100-119.2 for permission to construct deck ad- dition at rear of existing dwelling which is less than 75 feet from the mean highwater mark along dredged canal at James Creek, Matfituck. Location of Property: 29g00le Jule Lane, Mattitock, NY; County Tax Map Parcel No. 1000-122-4-17. ?:40 p.m. Appl. No. 3575 - ROSA J. HODGSON. Variances to the Zon~g Ordinance, Article Section 100-31, Bulk Schedule, for approval of the ~nsufficient area and v~dth of parcel to ~ set~)ff in this pending division of land. Location of Property: North Side of Pine Neck Road, Southold, NY; County Tax Map Parcel No. I000- 70-6-33. Containing 7,152 acres total. 7:50 p.m. Appl. No. 3707 - ~. Varinnces to ~he Zoning Ordinance, A~inhis: (a) XI, Section 100-119.2 as to insufficient setback from bank or bluff along the Ixmg Isinnd Sound, ~nd (b) HI, Section 100-31, Bulk Schedule, as to insufficient frontyard setback from the front [southerly] properly line along C.R. 48, in this proposal to construct new single-family dwel~ng. Location of plx)l~rty: 56225 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000- 44-01-22. 8:05 p.m. App1. No. 3709 DWARD A. H US. (Recessed from February 18, 1988 as agreed). Special Exception for approval of Accessory Apartment wichin existing dweJ~ng in accordance with the requirements of Article 111, Section 100-30B(I 5). Location of Property: 635 Lupton Point Road, Mattituck, NY County T~x Map Parcel No. 1000- 115-11-3. 8:15 p.m. Appl. No. 3715 - ~ Va6ance to 8:30 p.m. Appl. No. 3687 - JON C. KERBS (Recessed from March 17, 1988). Interpretation and, if necessary, Variance under Article XI, Section 100-119.2 of the Zoning Code, for permission to locate building pursuant to DEC Permit #10-86-00~2 and Trustees WeLiand Permit #373. Location of Property: East Side of Narrow River Road, Orient; County Tax See Legals, next page Map Parcel No. 1000-27-2-5. 8:45 p.m. (a) Appl. No.' 3633 - Speci~ Exception under Article VII, Seet~on 100-70~) of the Zoning Code for ap~)roval of the establishment 6f a partiai self- service gasoline itation; and (b) AppL No. 3636 - Variance under Articles Vi, Section 100- 62(B), VfI, Secti~ 100-700~) for an Interpretation of "retail shopping center" and for permission t~ establish convenience sto~ as an &ccessory to the existing gasoline-service station. Lecation of Property: South Side of Main ROad, West Side of Maffatooka Lane, and the Eaxt Side of Sunset Avenue, Mattituck, NY, 1000-115-3-9. Zone: "B-I" General Business. 8:50 p.m. Appl. No. 3703 - JOHN A~D EVELYN KEATINO Variance to the Zi~ing Ordinance, Article XI, Secti~ 100-119.2 for msufficien~ setbldc from top of bluff or bank along the Long Isla~d. Location of Property: 19995 Soundview Avenue, Southold, NY'; County Tax Map Parcel No. 1000-51~4-006, ~n 9:00 p,m. AppL No. 3710 - THE COVE AT SOUTHOLD. (Continued from March 17, 1988). l¥ The Board of Appeals will hear et said time and place any and ali tn to be heard in each of the above submitted prior to the Conclusion dayof Apt"i 1 __ 19~ Sworn tO b~d~mo~ t/~S Page 4 - Legal Notice Regular Meeting April 14, 1988 Southold Town Board of Appeals Copies to the following on or about 4/4/88: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Individual Board Members(with Town Clerk's Bulletin Board copies of file) Bruer & Lark, Main Road, Box 1059, Southold, NY 11971 as Attorneys for Southold Savings Bank Mr. Robert E. Waldron, Jr., 2980 Ole Jule Lane, Mattituck, NY 11952 Mr. Garrett A. Strang, R.A. as Agent for Mrs. Rosa Hodgson P.O. Box 1412, Southold, NY 11971 Mr. Harold Conroy, Lighthouse Lane, 'Southold, NY 11971 Peconic Associates, Inc., One Bootleg Alley, Box 672, Greenport, NY 11944 Charles R. Cuddy, Esq., 180 Old Country Road, Box 1547, Riverhead, NY 11901, as Attorney for Mr. and Mrs. Edward A. Hanus Mr. Sam Ganshaw, Lupton Point Road, Mattituck, NY 11952 Mr. and Mrs. Jack Drobet, Box 965, Mattituck, NY 11952 Abigail A. Wickham, Esq. (Attn.: Joyce Steiner) in behalf of Mr. Joseph R. Corso Mr. Joseph R. Corso, 750 Lupton Point Road, Mattituck, NY 11952 Mr. and Mrs. Edward A. Hanus, 635 Lupton Point Road, Mattituck~ NY 11952 Mr. Garrett A. Strang, R.A. as Agent for Mr. Bernard Kiernan P.O. Box 1412, Southold, NY 11971 Patricia C. Moore, Esq., Moore & Moore, Box 23, Mattituck, NY 11952 as Attorneys for Manfred Kuerner and John & Evelyn Keating Stephen R. Angel, Esq. as Attorney for Jon C. Kerbs 108 East Main Street, Box 279, Riverhead, NY 11901 Mr. Jon C. Kerbs, Box 525, Greenport, NY 11944 Catriona Glazebrook, Esq., Twomey, Latham, Shea & Kelley 33 West Second Street, Box 398, Riverhead, NY 11901 William D. Moore, Esq., Moore & Moore, Box 23, Mattituck, NY 11952 as Attorney for Tartan Oil Corp. Mr. and Mrs. Gregory Ofrias, Sunset Avenue, Mattituck, NY 11952 Mr. Wilbur Klatsky, The Cove at Southold, 5044 Expressway Ronkonkoma, NY 11779 Mr. John Bredemeyer, President, Town Trustees Office Drive South, .]'UDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF 5OUTHOLD To: Southold Town Zoning Board of Appea. ls From: Judith T. Terry, Southold Town Clerk Dated: March 24, 1988 Transmitted herewith is Zoning Appeal No. 3722 Manfred 'E. Keurner Town Hall, 53095 Main Road P.O. Box 117 9 Southold, New York 11971 TELEPHONE (516) 765-1801 · application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application, Judith T. Terry WILLIAM D. MOORE PATRICIA C* MOORE MOORE & MOORE SUITE 3 CLAUSE COMMONS MAIN ROAD P.O. BOX 23 MATTITUCK, NEW YORK 1 1 ~152 (516) 298-5~74t March 23, 1988 Zoning Board of Appeals Southold Town Hall Main Road Southold, N.Y. 11971 Attn: Linda Kowalski Re: Manfred E. Keurner Dear Linda: Enclosed please find with respect to the above referenced application: 1. Petition for variance in triplicate 2. Notice to Adjacent Property Owners with attacked certified mail receipts 3. Short Environmental Assessment Form 4. Copy of Survey 5. Notice of Disapproval from building inspector 6. ZBA Questionnaire 7. Actual measurements of Keurner 8. Actual measurements of Ippollito 9. Copy of CO 10. Side diagram of house and garage 11. Check in the sum of $150.00. Thank you in advance for your cooperation in this matter. Very truly yours, Patricia C. Moore PCM ~ encls. DocId:032388.1 KEURNER HOUSE : 28 x 31 = 868 GARAGE: 12 x 22 = 264 (as requested) LOT: 50 x 110 = 5500sq.(DEED) 50 x 100 = 5000sq.(to Bulkhead) (10 x 22= 220 approved) 868 (HOUSE) + 264 (GARAGE) = 1132 1132/ 5500 = .2058% (.058 excess of 20% lot coverage) IPPOLITO HOUSE:--T7'4" Hgt. GARAGE: 15' Mg~. 28' Wdth. 12'Wdth. 36' Lnth.(Depth) 24'Lnth. SMULCHESKI ~ 4" Hgt GARAGE: 15' Hgt; 28' Wdth. 10' Wdth. 24' Lnth.(Depth) 24' Lnth. HRIBOK HOU- : 2 story (35) GARAGE: 15'9" Hgt 28' Wdth 10' Wdth 24' Lnth.(Depth) 24' Lnth KEURNER House: 18'4" Hgt. GARAGE: 28' Wdth 31' Lnth (Depth) 36'(with 5' addition) 12' Hgt (15' requested) 10' Wdth (12'" " ) 22' Lnth(Depth) (note: all others are 24'Depth) TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .... ..M.~D.~ r.~ d...~.....K.e ux.n ~r .................. of ........... 40..-C.~ ~> t- ~ ..R. ead, ............................... Name of Appellant Street amd Numl~r .......... .S..o..u..t.b,Q].~l .................................................................. ae~..~'o~k, ...... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .~qcJ.u...s.~...~..8.,....~.9...(~..7. ................. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ....... .B..°...x.....1..4..6...6. x......S..9.u...t..h...o. ~ ~ ,... ~ ~.W... ~.a r~ .. 3~ 1 ~.7. ~ ....................................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PERMIT TO CONSTRUCT I. LOCATION OF THE PROPERTY 40 Carol,~ ~9~, ~Q~kO.~ ...~r..~/.,kg~.i ........... Street /Hamlet / Use District on Zoning Mop District 1000 SectionO52Block O~_ot 03 ~ . .................................................................................. ~urren~ Owner Manfred E. Keurner Map No, Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-31, Art. XI, Sec. 100-119.2 TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has)~ha:~X~ been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (×) request for o variance 3706 December 18 1987 and was mode in Appeal No ................................. Dated ' ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested forthe reasonthat Appellant wishes expanszon to rear of property and variance from 20% lot coverage. to 12' in height in Appeal #3706) to construct a 5'x28' bedroom garage 12'x22'- 15' in height and (Board approved 10x22 garage limited Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce procticaldifficultiesorunneces- sary H~DS~IP because Appellants originally applied for 7' x 28' addition to rear of property to be used as expansion to bedrooms. Appellants have reapplied for 5' x 28' expansion to bedrooms. Property is improved with 28x31' year round, existing residence which is set back 7' and 5' (to the North) and 15' and 17.5' (to the South) and set back ±22' from cement bulkhead as shown on diagram and survey dated April 3, 1981. Existing Lot is only 50' x 110' and predates the zoning ordinance. Structures will exceed 20% lot coverage by only .03% (permitted 1100 sq. ft.,requesting 1272 sq. ft.), The additional feet are requested because appellants inadvertantly misca~ulated the amount of storage required. The existing residence has no basement and insufficient storage area. 2. The hardshipcreatedis UNIQUE andisnotshared by all properties alike in the immediate vicinity of this property and in this use district because This Board has granted variances for similar properties in the immediate community. Appellants property and dwelling are identical to Ippollito's property. Ippollito received a variance from this Board in 1987. The property in question is extremely small and fully protected by a cement retaining wall. The Keurner property although identical in size and setbacks to the Ippollito property appears visually smaller because of wire fence and shed. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Every property along Carole Road has sought and received a variance for their property. The height of the garage additions approved by the board were 15' in height. In the Keurner appeal the board limited the garage addition to only 12' in height. STATE OF NEW YORK ) ) ss COUNTY OF ) 14o. 483272~ , Suffolk Cou3f~l' 1990 O~ellfled II~ -anuefY Commie,sion Exp~es J BOARD OF APPEALS. TOWN OF SOUTHOLD : In the Matter oz the Petition of : ganfred E. Kuerner : : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 40 Carole Road, Southold, N.Y. SCTM# 1000-052-2-3 3. Thai the property which is the subject of such Petition is located in the following zoning district: A Residential/Agricultural cons~%b~such Petition. t~ u~i~qed will request the following relief: permission to garage an~ a~l:lon to existing dwelling, which construction will exceed allowable lot coverage and create insufficient side yard and wetland set-backs. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article III Section 100-31, Art. XIt Sec. 100-119.2 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-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) 765-1809. 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. Petitioner Patricia~ C. Moore Owners'Names: Manfred E. Kuerner Post Office Address qV/oore & Moore P.O. Box 23, Mattituck, N.Y. 11952 (Tel. 298-5674 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Frederick and Helen Hribok 1 Arnold Lane Commack, N.Y. 11725 Mr. & Mrs. Edwin Stewart 101 Bicksburge Court Simpsonville, South.Carolina 29681 P-531 920 097 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: P-531 920 115 Elaine Ross , residing at Village Lane, Mattituck, N.Y. , being duly sworn, deposes and says that on the ~ ~'~ day of March .19 88 , 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 current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at Mattituck. N. Y. ; that said Notices were mailed to each of said persons by (certified) (registered) mail. h, 2~9 Sworn to before me t's day of.~/'~ . . 19 88 Elaine Ross %uLM O. MOORi No. 4832728 Quellfled in Suffolk County Expires ,January :31, 1980 (This side does not have to be completed on form transmitted to adjoining property owners.) .$110RT ENVIRONM£UTAL A$SE.~SMEN~.~4 (e) In order to answer tho quostion~ in this abort EAr is is assumed that the ~roparer will uae c:rrently availab:o ~n£or~tion concerning tho project and the lkely L~pact= o£ :he action. Ic 1~ nec o~ecced ChaC additional acudloe~ rocoarch or ocher investigations ~1 be ~dorta~on. (b) 2~ any question ha~ been answered Ye3 the pro~ect ~ny bo n~l~lconc and ~ ccmpleted Envlro~ental As~ossmen: Fo~ t~ nece~ar/. (e) ~ a~l queot~on~ hays boen answered No it ~ i~oIy :b~: :bio project ~n W~ll project result in a largo physical ch~ogo to the project site or physically niter more than 10 acres o£ land? . · , .... ,*, .... 2,Will thoro be a major change to ang unique or unusual lan~ for~ found on the site? 3oWL~I project alter or have a large e££act on an existing body o~ water7.. · . . &. W~i pro,eec h~vo a potentially largo ~p~cb ~. W~i pro,acc ei~iflcancly, effuct drayage fl~ on a~Jacen~ altos7 · . . ...... 6. Will project a~ecc any ct~e~cunod or '-plan~ or anL~l specte~? . . . . . . . 7, W~I pro,act reset in a ,ca Jar adv~r:,c effect on air quality? . . . . . . , . . W~I project have'a r~jor effect cn visual cha~ attar o~ tho community or ~cenic vicw~ or kno~ to bo ~portunt to :he co{r.~unity? . . . 9, Will proJec~ adversely ~pact any site or struct. ere of hi~:orlc~ pre-historic, or paleontological importance or any site dosi~nted au a critical environmon~l area by a local c~oncy? , . . 10. W~I project have a ~or o~foct on existS& or ~uture recreational opport~ltiou2 . . . 11. Will project.result'in m~or traffic problem~ cause a major effect :o oxi:~tng ~ran9portution systems? . . . . . . . . . . . . Will project rea~arly cauuo objectionable odors, noise, &luree vibration, or electrical ante as a reset of the project's opera:lan? . 1], Will project have any impact on public health or safety? . . . , . . . . . 1L. Will project Affect thc existing co~unit7 by directly causing asgrowth j:~ permafrost Fopola- ties ef more than percent over a c'no-your perLod ~ have a major negative effect on the characcer of che con.unity ~r neighborhood?.. [5. lo there~.~--publ~c con:roverny concer~sn,: the pro~ecc? ~1~/~ Yea / Yes .. Ye:~ / Ua . Yea ~// / Yes Ho You / Ilo Yes ~ No You . .. lie Y,-' :~ // Yes / Yes v//No _O..y_ESTIONNA[RE TO BE COMPLETED ArID SUBMITTED WITH YOUR APPLiCATIO~I FORHS TO TtlE BOARD OF AP-PEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 2.a) *b) 3. 4. 5. J Are there any proposals to change or alter land contours? Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by ~n Code, Ch. 97 for your reference.) there any areas open to a waterway without bulkhead? Are there existing structures at or below ground level, such as patios, foundations, etc? Are the~e ~ny.~. ~ or proposed fences, concrete barriers, DecKs, etc~ (O~c~r~ ~kktm~t~) If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: 5,~¢ ~~2 ft. If project is proposed for principal b~g or structure, is total height at more than 35 feet above average ground~l? State total: ft. Are there other premises under your ownership abutting this parcel? If.yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership,oif any)? State Permit # and Nature: Yes Yes ~ Yes Ye s Na (~ N~ Yes ~ Yes ~ Yes ~ Yes ~ lO. Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning. Board Yes Town Board we Town Tru'stees ~. ~o~,~v-~ l~c_~ -~m~iTl~)~ County Health Department '~ ~ Village' Of Greenport Yes N.Y.S.D.E.C. ~o ,_~-u¢~. Yes Other Yes Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale.(from contract). Yes ll. Is new construction proposed in the area of contours ~ at 5 feet or less as exists? ~- Yes 12~ If new construction is proposed in an area within 75 feet of wetland grasses, or land area at a~ 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 operations-~ndu~ted upon the subject prgperty at this time ~-~X~ ~c~ and proposed V~x--~,m~~t.~.__ -- *Please submit photographs for the rec'ord. ! certify~t the above statements are true and are being submitted for reliao~e~b~the~Bo~d of Appeals in considering my application. Si?¥'d~rure (Property Owner) (A~[~ized Agent) No FORM NO. 4 TOWN OF $OUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Cerlific le Of Occupancy No.~I01~ ........ .... Date .............. ..00.t.. ..... .~).., 19. THIS CERTIFIES that the building located at Carole Road ............................ Street Map No......XX. ?"' .. Block No. ..........xx Lot No. conforms substantially to the ApPiication for Building Permit heretofore filed in this office dated Nov 20 19 70. pursuant to which Building Permit No.. ~.0~. dated .........N~z . 2(~ ..... , 19,70., was issued, and conforms to all of the require. ments of the applicable provisions of the law. The occupancy for which this certificate is Private one family dwelling issued is ............ The certificate is issued to .... M,. l~uerl~r .......... O~ler ....... (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval House ~ 1+0 Carole Rd