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HomeMy WebLinkAbout3706 Southold Town Board of Appeals NIAIN ReAD- STATE ReAD 25 SDUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3706 Application Dated December ]8, ]987 TO: Patricia C. Moore, Esq. Edson & Bruer as Attorneys for Main Road, Box 1466 Southold, NY 11971 MANFRED E. KUERNER [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on February 2, 1988, 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 Variance to the Zoning Ordinance Article III , Section ]00-3] and Article XI, Section 100-119.2 [ ] Request for Application of MANFRED E. KUERNER. Variances to the Zoning Ordi- nance, Articles III, Section 100-31, and XI, Section 100-119.2 for permission to construct additions to existing dwelling with a reduced southerly sideyard setback, insufficient total sideyards, excessive lot coverage and with an insufficient setback from bulkhead along "Old Cove" at Arshamomaque. 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 January 1988 in the Matter of the Application for MANFRED E. 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 5,000 sq. ft. described parcel of land located along the east side of Carole Road (a private road) with frontage of 50.0 feet along Carole Road and along "Old Cove" or "Arshamomaque Pond," SoutholdG 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 VanTuyl, P.C., Licensed Land Surveyors, to be set back 24± feet from Carole Road, 25± feet from the bulkhead, 5½± feet from the most north- easterly sideyard and 11± feet from the most northwesterly side- yard, and 16± feet from the southerly sideyard (at its closest point). (CONTINUED ON PAGE TWO) DATED: February 2, 1988. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appl. No. 3706 Matter of MANFRED E. KUERNER Decision Rendered February 2, 1988 3. By this application, appellant requests the following relief to construct two separate additions: (a) for a 7 ft. x 28 ft. addition at the rear of the existing dwelling [to the east]: feet, and [1] insufficient northerly sideyard setback at 33 reduced from the present nonconforming 53± setback; [2] insufficient setback from the existing bulkhead along "Old Cove" at 15 feet, reduced seven feet from the exist- ing nonconforming setback (which scales out to 25 feet when using the April 3, 1981 survey), and along an angle; [3] insufficient total sideyards reduced to a setback at 33 feet, for a total of 193 (16 feet existing and exclusive of the relief requested for the southerly sideyard); (b) for a l0 ft. x 22 ft. addition at'the south of the existing dwelling: [1] insufficient southerly sideyard at six feet [reduced l0 feet from the present 16 ft. setback]; [2] insufficient total sideyards reduced to a setback at six feet, for a total of ll3 feet (5½ feet existing and exclusive of the relief requested for the northerly side yard); (c) lot coverage for both additions in excess of the maximum 20% permitted, for a total lot coverage of 1,264 sq. ft., or 25.3% [196 sq. ft. for the easterly rear addition and 220 sq. ft. for the southerly addition]; 4. Article III, Section lO0-31, Bulk Schedule of the Zoning Code requires minimum sideyards at l0 and 15 feet, for a total of not less than 25 feet for both sideyards, and maximum lot coverage at 20 percent. 5. Article XI, Section lO0-119.2(B) requires all build- ings 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 feet from the landward edge of the tidal wetland, whichever is the greater distance. 6. 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 sub- stantial 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 requested shall be the minimal necessary; (f) there is no other method feasible for appellant to pursue other than a variance. Page 3 - Appl. No. 3706 Matter of MANFRED E. KUERNER Decision Rendered February 2, 1988 7. The percentages of relief requested by this application are substantial in relation to the current zoning requirements. 8. In considering this application, the Board also finds and determines: (a) the setbacks of the existing dwelling are presently nonconforming; (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 neighboring 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 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. (e) the area consists of dwellings with nonconforming sideyards, ranging from 5.5 feet, and greater. (f) 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; (g) there is no other method feasible for appellants pursue other than a variance, except for a second-story addition; to (h) the relief requested as to the easterly (rear) yard and northerly side yard setbacks are not the minimal necessary, (i) the "practical difficulties" test has not been sufficiently satisfied as required by law to permit the entire relief requested by this application; (j) in considering this two-fold application, the interests of justice will be served by granting the southerly garage addition, and denying the easterly addition, as applied, without prejudice and as further noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the 10 ft. x 22 ft. southerly addition, in the Matter of the Application of MANFRED E. KUERNER, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That two eight-foot wide overhead doors be placed on the west end and east end of the proposed garage addition, Page 4 Appl. No. 3706 Matter of MANFRED E. KUERNER Decision Rendered February 2, 1988 and operable at all times (in order to gain access by emer- gency fire vehicles from the water side); 2. That the southerly sideyard area remain open and unobstructed at all times at the requested six feet; 3. That the total sideyards remain at the requested six feet and five-and one-half feet, for a total of 11½ feet; 4. That the lot coverage be permitted to be increased to allow for this 220 sq. ft. garage addition (for a total lot coverage of 1,088 sq. ft.) exclusive of accessory shed, if any; 5. That the garage in height; addition not exceed 12 feet (one-story) and it was FURTHER RESOLVED, that the 7 ft. x 28 ft. easterly addition be and hereby is DENIED WITHOUT PREJUDICE (to further application). Vote of the Board: Ayes: Messrs. Douglass and Sawicki. (Member Doyen of This resolution was duly adopted. Goehringer, Grigonis, Fishers Island was absent.) lk GERARD P, GOEHRINGER, C~HAIRMAN ]LECEIVED AND FILED BY THE SOUTilOLD DATE Town Clerk, Town of Southold NOTICE OF HEARINGS NOTZCE 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, JANUARY 14, 1988 at the following times: 7:35 p.m. Appl. No. 3705 ARTHUR V. JUNGE for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to establish electrical shop use and construct two buildings located as shown on Site Plan dated March 10, 1987, preoared by John A. Grammas & Assoc. Zone District: C-Light Industriai~ Location: North Side of C.R. 48, Cutchogue, NY~ County Tax Map District 1000, Section 96, Block l, Lot 19, containing 45,589± sq. ft. in lot area. 7:40 p.m. Appl. No. 3697 WILLIAM AND PAULA TUITE for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to reconstruct and extend porch within 75 feet of existing bulkhead along Little Peconic Bay. Location of Property: South Side of Midway Road, Southold, NY~ Cedar Beach Park Map No. 90, Lot 113; County Tax Map District 1000, Section 90, Block 2, Lot 6. 7:45 p.m. Appl. No. 3676 ANTHONY ROBUSTELLI. (Recessed from December 10, 1987 as requested). 7:50 p.m. Appl. No. 3681 ANTHONY AND ANGELA LEONE. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two parcels proposed in this pending division of land, and establishing insufficient sideyard setback of existing dwelling'and accessory storage building on vacant lot (Section 100-32). Location of Property: East Side of Deep Hole Drive, Mattituck, NY~ County Tax Map Parcel No. 1000-115-13-12.1 (prev. ll and 12). Page 2 Notice of Hearings Southold Tcw~ Boaro of Appeals January 14, 1988 Regular Meeting 7:55 p.m. Appl. No. 3706 - MANFRED E. KUERNER. Variances To ~he Zoning Ordinance, Articles III, Section lO0-31, and XI, Section 100-119.2 for permission to construct additions to existing dwelling with a reduced southerly sideyard setback, insufficient total sideyards, excessive lot coverage and with an insufficient setback from bulkhead along "Old Cove" at Arshamomaque. Location of Road, Southold, NY; County Tax 8:00 p.m. Appl. No. 3652 Property: East Side of Carole Map Parcel No. 1000-52-2~3. - GUIDO AND ANNA CIACIA. Variances to the Zoning Ordinance, Article VI, Section lO0-61, Bulk Schedule for approval of insufficient area, width and depth of two parcels in this pending division of land located at the corner of the east side of Kerwin Boulevard and the south side of Main Road, Greenport~ Zone District: B-Light Industrial. County Tax Map Parcel No. 1000-53-2-20; Peconic Bay Estates Lots 178 and part of 177. 8:10 p.m. Appl. No. 3699 - EDWARD AND BARBARA BETSCH. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, and Article XI, Section 100-119.2 for permission to construct addition(s) to dwelling with an insufficient westerly sideyard setback, insufficient total sideyards, and insufficient setback from nearest wetland area along Marion Lake (landward of existing accessory garage structure). Location of Property: North Side of Rabbit Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-17-15. 8:20 p.m. Appl. No. 3698 - THOMAS ZIMMERMAN. Variance to the Zoning Ordinance, Article XI, Section lO0-118E for permission to rebuild and repair existing nonconforming structure which exceeds 50% of fair value of same and which exceeds those limitations of Prior ~.B.A. Appl. No. 3590 rendered March 5, 1987. Location of Property: 265 Rochelle Place, Mattituck, NY; County Tax Map Parcel No. 1000-144-04-09 and 09, containing .60 of an acre total. 8:30 p.m. Appl. No. 3688 - ANTHONY AND SALLY PIRRERA. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient width (frontage) of two parcels in this pending division of land. Location of Property: North Side of C.R. 48 (North Road), Greenport, NY County Tax Map Parcel No. 1000-40-01-20, containing .a total area of 5.20± acres. Page 3 Notice of Hearings Southold Town Board of Appeals Regular Meeting - January 14, 1988 The Board of Appeals will hear at said time and place all persons or representatives 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 con- clusion of the subject hearing~ For more information, please call 765-1809. Dated: December 31, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary ATTENTION NEWSPAPERS: Please publish once, to wit, THURSDAY~ JANUARY 7~ 1988 and forward Affidavits of Publication together with your bill and signed voucher to the Office of the Board of Appeals on or before January 12th. Thank you. TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date..~dM,4,-~l.~.../.. ~..., 19 To e.~.~ ,....&~....~. V0.~.~.~, ~... 1 ~.~. ~.~hh ........................ . ~.~.~..~.~....~ ...... PLEASE TAKE NOTICE that your application dated .. ~q.~..~ ~ ....... 19 ~. ~. .............. to,atto, at e~op~tr ............... ~. ~. ~ ............................. House No. Street Hamlet County Tax Map No. 1000 Section ... ~.~ ..... Block ... ~.~ ...... Lot . . ~ .~ ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~..' J.~..~.. ~.~ .).o.~.. ~..~.i BuildLng Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YOi~K APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. '~ ~' DATE 12//~/87 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. MANFRED E. KUERNER . 40 Carole Road I, (We) ................................................................... or ............................................................................ Name of Appellor~t 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 NO. ××××× DATED August 18, ].98? WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Edson & Bruer a/c Manfred E. Kuerner Name of Applicant for permit of Box 1466, Southold, N.Y. 11971 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (X) PERMIT TO CONSTRUCT 1. LOCATION OF THE PROPERTY 40 Carole Road, Southold A-Res/Agri Street /Hamlet / Use District on Zoning Map District 1000 Section052Block 0lot 03 C trent ............................................................................... u 0~ner Manfred E. Kuerner MaD 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, & Ariz. XI, Sec. 100-119.2 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (×) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to 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) (has not) 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 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 isrequested forthereasonthat Appellant desires to construct a 7' X existing residence as well as a 10' X 28' addition to the rear of 22' attached garage. his l~orm ZBI (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practicoldifficultiesorunneces- sary HARDSHIP because The existing lot is only 50' X 100' and the existing residence only 882 sq. ft., which results in an extremely cramped living area for the Kuerner family, who are year-round residents of Southold. There is no feasible alternative to the Kuerner family other than to seek a variance for construction of a single car garage and enlargement of the 882 sq. ft. residence with a 7~ X 28' addition~ The proposed additions necessi~ate-~variance because the structures will exceed 20% of lot coverage, as well as setback requirements. 2. The hardship creoted is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because The proposed addition would be insignificant on a one-acre parcel. However, the subject lot is severely limited by its 50' width (subject to 20 ft. roadway) and proximity to wetlands. The property has been completely bulkheaded since 1956 and the proposed construction will have no impact on Arshamomaque Pond or surrounding wetlands. 3. The Voriance would observe the spirit ofthe Ordinonce and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The adjacent properties were initially improved prior to zoning, as was Appellant's property, and these residences now require substantial improvements to be made comfortable for year-round use. The board has granted similar variances to adjacent owners, Hribok (Appeal ~3583), Smulcheski (Appeal ~2741), Ipolito (Appeal ~3656) and Stuart (Appeal ~3159). Adjacent property owners are in favor of Appellant's proposed construction and have provided letters in support of this appeal° The proposed construction is in conformity with the residential character of the district. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK) SS Signature Sworn to this .............................................. day of December 19 ..................... /' '" ............................. 87 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT ~: , ./. S ~ £..~.~. ~ W TYPE OF BUILDING LAND AGE NEW FARM Tillable 1 Tillable 2 'Tillable 3 Woodland Swampland Brushland House Plot Total SEAS. VL. FARM IMP. TOTAL NORMAL Ac re DATE BUILDING CONDITION BELOW ABOVE Value Per Value Acre COMM. CB. MISC. Mkt, Value REMARKS FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK COt. OR M. Bldg. Extension Extension Extension Porch Perch Breezeway (~arage Patio Total Foundation ,¢ ~ Bath Basement /¢ 0 Floors E×t. Walls Interior Finish Fire Place Type Roof Recreation Room Dormer Driveway Heat Rooms 1st Floor Rooms 2nd Floo BR. FIN. · RANSCR~P~ O~ BBAR~NG SOUTBOLD ~TOWN BOARD O~APP~ REGULAR MEEtiNG O~ THURSDAY, JANUARY 14, 1988 Appl. No.: 3706 Applicant(s).~ MANFRED E. KUERNER Location of Property~ E/s Carols County Tax Hap ~D No. 1000-52 .2 Road, Southold .3 Board M~mbero present: Chatrnan Goehrtnger p. Goe~ringer, Members. Grigonis,and. Sawicki. ~ Absent; Doyen and Douglass. Also Present:''Victor Lessard (Building Dept.), Llnda Kowalski, Z.B.A. Secretary and approximately persons in the audience. The'Chairman opened the hearing at 8:00o,clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of survey produced by Roderick VanTuyl, P.C. dated (most recently) April 3, 1981 indicating two penned in areas approximately on the sO~thside which appears to be a garage addition of 10 by 22 and a rearyard addition of 7 by 28. 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 Ms. Moore? MS. MOORE: I'd like to introduce Mrs. Wuerner and James Kuerner Mr. Kuerner could not be here and he apologizes for it. I do have a package of material that would be easier rather than my walking back and forth. As the application states, the Kuerner family would like to expand their 28 by 31½ foot house by adding a garage and their addition. The[difficulty encountered here is due to the fact that part of the lot is only 50 by 100. You can see by the first exhibit which is a map of Old Cove Colony which shows the original subdivision. I circled in red the correct lots because the tax lot number and the subdivision number do not corrolate. So it's lot number two of the Old Cove Colony subdivision. In addition to having a 50 by 100 lot, it is also reduced-by a twenty-foot wide right-of-way that crosses along the length of the subdivision. So in addition to having less room for actual living area, there is less room for setbacks and so on._ They are faced with limitations in the expansion because of the physical condition of Mrs. Kuerner . She allowed me to explain to the Board that she is suffering from arthritis of the spine and can not use stairs. The exhibit which is the second exhibit of a survey which Was already in your file. The third exhibit is a copy of the Department of Environmental Conservation original application which is dated December t6, 1982. They had originally hoped to expand up- ward and therefore, not needing this setback variance or at least not Pag~ 2 - January 14, 19~ PUBLIC HEARING - Manfre~E. Kuerner Southold Town Board of Appeals MS. MOORE (continued): the one that is applied for. And because of the physical condition of Mrs. Kuerner , they found that they could not expand upward. The only alternative to them at that point was to expand towards the water. What I then did was I applied to the D.E.C. and we received a non-juris- diction determination September 23, 1987 and that is the fourth exhibit that is in the package. The variances that we request are not unreason- able and are in conformity with the character of the neighborhood. The fifth exhibit which shows, I drew out what would be the subdivision and the properties along Troul Road. You can see that the Stewart property received an addition of 8 by 22. We are asking for an addition of 7 by 22. So we are asking for less than what the adjacent property received. The Reebok application which I was before this Board on, requested a garage extension of 10 by 24. Mr. and Mrs. Kuerner would like a garage of 10 by 22. So again, that is less than what adjacent properties are asking. Mr. and Mrs. Reebok were able to get a second story and there- fore, did not need further necroachment towards the water other than just a deck. Then again, Mr. and Mrs. Smalczewski applied for a garage ex- tension as well and that was a 10 by 24 garage extension. Again, less than what we are asking for. Excuse me. We are asking for less than what the Smalczewski's property owners received. The Potts again, also asked for a garage extension and received their approval for a 10 by 24 garage. And finally, Eppalito which was here before this Board approxi- mately a month ago, two months ago, received an addition at on point, of 12 by 28 and that was going further toward the water than we are along with a garage addition that had been given a previous appeal. So we are in conformity with the neighborhood. We are not asking for anything that is more than anyone else asks. In fact, we are actually much more reasonable than what other applications had requested. What I did, the following exhibit is a drawing showing a 31 by 28 foot house with the addition of 7 by 28 and the garage of 10 by 22 to clarify the request. For those of ~you who were not able to go up and make an inspection of the property or if all of you have made inspection of the property, I point out that the following photograph or photocopy of the photograph shows that all the properties are in line along the frontyard. So that are request is, again, similiar to and at the same distance of all the other properties in the area. And]~ou can see that by my label- ling of the various property owners and looking down from the Reebok's home do~ along the north side seeing that all the properties were at the same setback line. And finally, there are two letters here. One from each adjacent property owner that says they support the Kuerner application. This application is one of the last ones of the area. Everyone else seems to have expanded their property. Mr. and Mrs. Kuerner at this point, have requested this variance. And again, it is in conformity with the neighborhood. We have needed a variance from the lot coverage requirement due to the width of the garage, the house and all other structures. All together, all structures, all ex- isting and conforming structures will be only be 26% lot coverage and that's only 6% over what is the requirement. So again, that is rea- sonable. That is all I have and we hope that you will grant the vari- ance application. CHAIRMAN GOEHRINGER: Well, there's always questions. You know that. MS. MOORE: Of course. Mrs. Kuerner is here, 'Pag~ 3 - January 14, PUBLIC HEARING - Manfred E. Kuerner Southold Town Board of Appeals CHAIRMAN GOEHRINGER: How much do you excced the lot coverage by? MS. MOORE: Based on my calculations, 6%. CHAIRMAN GOEHRINGER: So it's a 26% lot coverage. And with some of the prior appli~ati0ns, we had discussed the possibility of two ga- rage doors. There's no problem with that? MS. MOORE: No. They were aware of that and it was agreed. CHAIRMAN GOEHRINGER: Would there be an existing foundation under the addition or would it be a crawl space? MS. MOORE: It would be a crawl space. crawl space under the existing house. It's already a twelve foot CHAIRMAN GOEHRINGER: You'd just carry that through. making the addition a living area though? You will be MS. MOORE: Yes. I have a plan which I hesitate to submit for the record because it may not be the plan that they use. In other words, it's drawn up by one builder. They may not be using that builder. So if you would like to see as far as what their plans are. CHAIRM3LN GOEHRINGER: Just let me take a look and we'll give it back. MS. MOORE: As it states on the plan, it's for the use of this builder only. There was one other question I wanted to ask you. First, I want to thank you for giving us the other appeal numbers so that we don't have to look them up manually. And secondly, is the 7 foot, do you need all of the 7 foot Mrs. Kuerner in reference into the depth of the addition? Do you need a full 7 feet? MRS. KUERNER : Well, originally we were going to put in a sliding door on the side. So we asked for 7 feet so we would have 6 feet ac- tually which we'd put in a 5 foot slider. CHAIRMAN GOEHRINGER: In the corner here right adjacent to the garage. MRS. KUERNER : But then we thought it wasn't such a good idea to come out right there where the garage door would be. So I would say no. It's not absolutely necessary. MS. MOORE: However, it is less than all the other appeals. I think you'll see that 8 feet has been the general rule of thumb and we are asking for less th~n that. CHAIRMAN GOEHRINGER: The only thing is that as you progressively go out the peninsula, it appears that you end up with less property on the parcels that are physically there. I realize that we have a sur- vey here but the peninsula appears to narrow as it goes out farther. So it gives you the impression that when you're looking at it as ' ~.Pag~ 4 - January 14, 194 PUBLIC HEARING - Manfred E. Kuerner Southold Town Board of Appeals CHAIRMAN GOEHRINGER (continued): actually having less property than the neighbors that go down a little farther to the north. MRS. KUERNER : It does not built the same as all It does look that way. look that way because the Baron's house is the others. It's built the other way around. CHAIRMAN GOEHRINGER: Well, we'll go down and check it out one more time before we make a decision. 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 and reserving decision until later. Ail in favor - AYE. HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 October 30, 1987 TELEPHONE (516) 765-1892 Mrs. Patricia C. Moore Edson & Bruer Attorneys At Law Main Road, Box 1466 Southold, New York 11971 Re: Kuerner,-Manfred E. Carol Road, Southold, New York-1000-052-2-3 Dear Mrs. Moore: The following action was taken by the Board of Town Trustees during their regular meeting held on October 29, 1987 regarding the above matter. RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Patricia C. Moore on behalf of Manfred E. Kuerner for a Wetland Permit on certain property located on Carol Road, Southold. Very truly yours, nry F. '~mith, President Board of Town Trustees HPS: ip cc: Commissioner Thomas C. Jorling, D.E.C., Albany Robert A. Greene, D.E.C., Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management John Holzapfel, Chairman, Southold Town C.A.C. Victor Lessard, Admin., Building Dept. Planning Board Board of Appeals file PLEASE HAVE THE PROPERTY STAKED FOR INSPECTION PRIOR TO NOV. 18, 1987. HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILL[P J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 29, 1987 TELEPHONE (516) 765-1892 Mrs. Patricia C. Moore Edson and Bruer Attorney at Law Main Road P. O. Box 1466 Southold, New York 11971 Re: Manfred Kuerner Dear Mrs. Moore: The following action was taken by the Board of Town Trustees during their regular meeting held on September 24, 1987 regarding the above matter. RESOLVED that the Southold Town Trustees Deny the request made by Patricia C. Moore on behalf of Manfred Kuerner for a waiver of the wetland ordinance for the construction of an addition to an existing residence located on Carol Road, Southold. The Board would like to have a full application for this project should the applicant wish to proceed with this matter. Very truly yours, H~mit~,~ ~ President Board of Town Trustees H P S: ip cc: Bldg. Dept. Board of Appeals File August 19, 1987 Henry P. Smith, President Southold Town Board of Trustees Town Hall P.O. Box 728 Southold, New York 11971 Re: Property of Kuerner Carole Road, Southold, N.Y. ThiS office represents Mr. and Mrs. Manfred Kuerner who wish to build an addition to their hcme on Carole Road. The proposed addition is landward of a bulkhead and, as per the attatched letter, the D~C ruled on December l6, 1982 that they had no jurisdiction over this project. This letter re~ains in effect since the property r~mains bulkheaded. Furthermore, adjacent propertyhad received similar ruling in 1987 (Hribok). }The adjacent property owners (Hribok) received a waiver of jurisdiction by you, for similar construction, on December 5, 1986 and February 3, 1987. Mr. and Mrs. Kuerner request that you waive jurisdiction in this matter. Enclosed please find $25.00 inspection fee and a copy of the survey showing proposed oonstruction. Veery Truly Y, ours/ Patricia C. Moore PCM/sg Encs. ~W YO~I{ STATE DEPARTt~NT OF ENVIF~)NNENTAL CONSERVATIOt/ ~ato~ Afl,rs ~t Bldg. 40. S~--~m 219 Stony Brook, ~ 11794 (516) 751-7900 A review has been. made of your proposal to: CO~$~-~c4 e ,,s '"5 - : o,y Landward of 10' contour elevation above mean sea level on a gradual, nat- ural slope. Landward of topographical crest of bluff, cl/ff or dune in excess of 10 feet in elevation above mean sea level. Therefore, no per=~t under Article 25 (Tidal Wetl--As of the Enviro-m~ntal Conservation Law) is required at this time since the current proposal is beyond State "."-dated ~risdiction pursuant to this act. However. any additional work or medifieations to ~he project may r~qu/re a petit. It is your responsibility to notify this office, in writing, if such additionmt work of modifications are contemplated. Very truly yours, Daniel J. Larkin Regional Supervisor of Regulatory Affairs DJL:R~T:cz - Z 0 L. D ~ 0 v ~ OLD C ©V'E CcD LO NY DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK Go HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 February 17, 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 Connnission 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) Mr. & Mrs. William E. Tuite Manfred E. Kuerner 3697 3706 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN RrlAD- STATE ROAD 25 SOUTHE}LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT .I. DOUGLASS JOSEPH H. SAWICKI Pursuant to Article XIII of the Suffolk County Board of Appeals of the Town of the xx Charter, the Southold, New York, hereby refers following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article IZI, Section lO0-31 and Article XI, Section 100-119.2 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3706 Applicant: Manfred E. Kuerner Location of Affected Land: Carole Road, Southold, NY 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) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Boundary of Existing or Proposed County, State or Other Recreation Area 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 construct additions to existinq dwellinq with a reducad s~]~h~!1, $i~e1,~rd ~atback, incufficicnt total sideyards, excessive lot coveraqe_a~nd insufficient setback from bul~hea Copies of Town file and related documents enclosed for your review. Dated: February 11, 1988 hJO~TM ~OmO · Cj T~,A,&f2 T /V App~ltc~ne- ,.2.nd sTrort..~ I i~ ri ,iq 0 NOI~TH RoAD August 15th, 1987. Southold Town Board, Main Road, Southold, New York 11971. Dear Board, I (we) have been informed by Mr. and Mrs. Manfred Kuerner that they intend to build a garage and rear addition to their home. I (we) would like to inform the board that we support Mr. and Mrs. Kuerner's application. August 15th, 1987 Southold Town Board, Main Road, Southold, New York 11971. Dear Board, I (we) have been informed by Mr. and Mrs. Manfred Kuerner that they intend to build a garage and rear addition to their home. I (we) would like to inform the board that we support Mr. and Mrs. Kuerner's application. Very truly yours, ~/ ~ ~ ~/ HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOAI1D OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1197I December 18, 1987 TELEPHONE (516) 765-1892 Mrs. Patricia C. Moore Edson & Bruer Attorneys At Law Main Road, Box 1466 Southold, New York 11971 Re: Manfred E. Kuerner - 1000-052-2-3 Dear Mrs. Moore: The following action was taken by the Board of Town Trustees during their regular meeting held on December 17, 1987 regarding the above matter: WHEREAS, Patricia C. Moore on behalf of Manfred E. Kuerner applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated September 25, 1987, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on December 17, 1987 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board Bas considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that Patricia C. Moore on behalf of Manfred E. Kuerner BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Construct a garage and extension to existing residence. Property is located on Carole Road, Southold. Approval is granted with the provision that dry wells are installed on the property to contain roof run off. Page 2. This permit will expire on December 17, 1989 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. 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. A $10.00 Wetland Inspection fee is now due and payable. Upon your remittance your permit will be forwarded to you. PLEASE RETURN TO THE BUILDING DEPARTMENT FOR A DETERMINATION ON THE NEED OF ANY OTHER TOWN PERMITS THAT MAY BE REQUIRED FOR THIS PROJECT. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS :ip cc: Commissioner Thomas C. Jorling, D.E.C., Albany Robert A. Greene, D.E.C., Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management John Holzapfel, Chairman, Southold Town C.A.C. Victor Lessard, Admin., Building Dept. Planning Board Board of Appeals Town Clerk's Bulletin Board file I~~..~t~__~l~'~l~. ~f ~ri~h~thm4,tal ~ervatio, , ~uny ~rooK, NY 11794 Henry G. Williams A review has been ma~e of yo~ur proposal to:~O~'k3~%- -..- r,J I ~i~- · .-. - ,, . v u,\ Based on the information you have submitted, the New York State Department of. Environmental Conservation has determined that the ..~ project is: ~ parcel Greater than 300' from inventoried tidal wetlands. ~ Landward of a substantial man-made structure ' ' greater than 100' i n ~c.gun wn~cn was constructed prior to 9~20/77~~''~ Landward of the 10' above mean sea level elevation contour on a gradual, natural slope. Landward of the topographic crest of a bluff,~cliff or dune which is greater than 10' in elevation above mean sea level. Listed in Part 661.5 of 6NYCRR (Tidal Wetlands Land Use Regulations) as a use not requiring a permit or notification letter of approval. Therefore, no permit is required under the Tidal Wetlands Act (Article 25 of the Environmental Conservation Law). Please be advised, however, that no construction, sedimentation or disturbance of any kind may take place seaward of the 10' contour or topographic crest without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation in this area as a result of your project. Such precautions may include providing adequate work area between the 10' contour or topographic crest and the project (i.e. a 15' to 20' wide construction area) or erection of a temporary fence, barrier, or hay bale berm. Please note that any additional work, or modification to the project as described, may require authorization by this Department. Please contact this office if such are contemplated. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Very truly yours, 3e~uty Regional Permit Administrator Southold Town Board of Appeals IvtAIN RnAD- ~TATE RDAD ;B5 ¢JaUTHaLD, L,I., N.Y. 11cJ'71 TELEPHONE (516) 765-1809 APPEALS BOARD January 14, 1988 MEMBERS- GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. S . E . Q . R . A . SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION 30SEPHH. SAWICKI Notice of Determination of Non-Significanc~ APPEAL NO.: 3706 PROJECT NAME: MANFRED E. KUE.~iiER 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: [X~ Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION:Construct additions to dwelling with a reduced southerly sideyard setback, insufficient total sideyards, excessive lot coverage and insufficient setback from bulkhead LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Carole Road, Southold, N~ 1000-52-2-3 REASON(S) SUPPORTING THIS DETErmINATION: (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. FOR FURTHER INFOR~TION, PLEASE CONTACT: Linda K6wals~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'. mc N,OTICE OF HEARING~ NOTICE IS HEREBY GIV- EN, pursl;ant 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 ~pEAL:$ at a ~ ~ at the Southold Town .Hall, Main Road, Southold, NY on THURSDAY, JANUARY 14~ 1988 at the ~olto~ing times: 7:35 p.m. Appl. No. 3705- ARTHUR V..lUNGE for a Special ~on to the Zoning OMinance, Article VIII, Section 100-80(B) for permiasion to establish electrical shop use and construct two buildings located as shown on Site Plan dated March 10, 1987, lar~par~d by John A. Osammas & Assoc. Zone District: C-Light In- dustrial. Location: North Side of C.R. 48, Cutehogue, NY, County Tax Map District 1000, ,~tion 96, Block I, Lot 19, eon- mining 45,589+ ~q. ft. in lot 7:40 p.m. Appl. No. 3697- WILLIAM AND PAULA TUIT~ for a Variance to the ~ning Ominanee, Article Section 100-119.2 for perminion to reconstruct and extend porch within 75 feet of existing bulkhead along Little Peconic Bay. Location of Property: South Side of Midway Road, Southold, NY; Cedar Beach Park Map No. 90, Lot 113; County Tax Map District 1000, .Section 90, Block 2, LOt 6. ?:45 p.m. Appl. No. 3676- ANTHON~: ROBUSTELLI. (Ik-.o~ tYom l~:ember 10, 198'/ as requested). ']:50 p.m. AppL No. 3681. ANTHONY AND ANGELA ~,..,.,,,~. Variances to the Zon- ing Ordinance, Article III, tion 100-31, Bulk Schedule, for a~proval of insufficient area and wi~lth of two parcels proposed in this pending division of land, and establishing insufficient sMcyard setback of existing d~r. lling and accessory storage b0Hding on vacant lot (S~tion 100-32). Location of Property: East Side of Deep Hole Drive, Mat~tuck, NY; County Tax Map l~arcel No. 1000-115q3-12.1 (Fifes.'. il and 12).. ~7:55 p.m. Appl. No. 3706-~ MANFRED E. KUl~RNER. Vlui~mces to ~tbe Zonlng Or- dimmce, Artiet6 Ill, Section 100-31, and XI, Section 100-119.2 for permission to con- struct additions to existing dwelling with a reduced souther- ly sideyard setback, insufficient total sideyards, excessive lot coverage and with an insuffi- cient .setback ~rom bulkhead along "Old Cove" at Ar- shamomaque. Location of Pro- perry: East Side of,Carole Road, Southold, NY; Coumy Tax Map Parcel No.1000-52-2-3. 8:00~ p.m. Apph No. 3652- GUIDO AND ANNA CIACIA. Variances to the Zoning dinance, Article VI, Se~.ion 100-61, Bulk Schedule for ap- proval of insufficient area, width and depth of two parcels in this pending division of land located at the corner of the East Side of Kerwin Boulevard and the South Side of Main Road, Greenport. Zone District: B- Light Business. County Map Parcel No. 1000-$3-2-20; Peconic Bay Estates Lots 178 · and part of 177. 8:10 p.m. Appl. No. 3704- JAMES MESKOURIS. Variances to the Zoning Or- dinance, Article III, Section 100-31, Bulk Schedule as to ex- cessive lot coverage, and Article XI, Section 110-119.2 as to con- struction within 100 feet of bulkhead and ordinary high water mark along Long Island Sound, for the proposed con- struction of open decks attach- ed to existing dwelling. Location of Property: 1400 Sound Beach Drive, Mattituck, NY; Capt. Kidd Estates Lot No. 37; Coun- ty Tax Map Parcel No. 1000-106-1-35. '8:20 p.m. Appl. No. 3698- THOMAS ZIMMERMAN. Variance to the zoning Or- dinance, Article XI, Section 100-11gE for approval of deck and to rebuild/repair existing nonconforming structure which ,exceeds 50~/s of fair value of same and which exceeds those limitations of Prior Z.B.A. ApPl. No. 3590 rendered Ma~h 5, 1987. Location of Property: 265 Rochelle Place, Mattituck, NY; County Tax Map Parcel No. 1000-14~4}4-09 and 08,_ contain- ing .60± of an acre total. 8:30 p.m. Appl. No. 3688- ANTHONY AND SALLY PIR- DJ~RA. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for ap- proval of insuff'~tent width (frontage) of two parcels in this pending division of land. Loca- tion of Property: North Side of C.R. 48 (North Road), Green- port, NY; County Tax Map Pamel No. 1000-40-01-20, con- taining a total area of 5.20± acres. The Board of Appeals will hear at said time and place all ~.r~ens er ~pres~enmt;.,:es de~r ing to be heard in each of the above matters. Each hearing will not start before the time allot- ted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: December 31, 1987 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. OOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary 1T-1/7/88(2) 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 ..................... .~. .... weeks successively, commencing on the .......... .~. ~ Sworn to before me this ........... .//./. ....... day of 19 Notary Public BARBARA FORBES Notary Publle, State of New York No. 4806846 Qualified in Suffolk Cour~ty Commission Expires ~/-'~-~. Legal Notices NOTICE ~ NOTICE IS of the Town Law and fl the Town ofl lng hearings will be held I SOUTHOLD TOWN OF APPEAI~ at a Meeting at Hall, Main Road ARY 14, 7:35 p.m. Appl. Ne. 370~ - ARTHUR V. JUN(~E for a Special Exception to the Zoning Ordinance, Articl~ VIH, Section 100-80(B) for permission to tablish electrical shop uae and ~onstruct two buildings located as shown on Site Plan dated March 10, 1987, prepared John A. ~ District: C-Light Industrial. cation: North Side of C.R. 48, Cutchogue, NY, County Tax Map District 1000, Section 96, Block 1, Lot 19, containing 45,589-+ sq. ft. in lot area. 7:40 p.m. Appl. No. 3697 - Y~II ,I ,l ~ul~ ~ PAULA TUITE for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to reconstruct and extend perch within 75 feet of existing bul- khead along Little Peconic Bay. Location of Property: South Side of Midway Road, Seuthold, NY; Cedar Beach Park Map No. 90, Lot 113; County Tax Map Dis~ trict 1000, Section 90, Block 2, Lot 8. 7:45 p.m. Appl. No. 3676 - ANTHONY ROBUSTELLI. (Recessed from December 10, 1987 as requested). 7:50 p.m. Appl. No. 3681 - ANTHONY AND ANGELA LEONE. Variances to the Zen- ~jg_ O..r$1i_n_~. c_e..A _rti. c[e_ IlL _Sec-. 00-31 : Schedule, for o*n vmt ,or (S tio. 100-32). Location of Property: East Side of Deep Hole Drive, Mattituck, NY, County Tax Map 'Parcel No. 1000-115-13-12.1 - (prey. 11 and 12). p.m. Appl. No. 3706-~ E. KUERNER. Variances to the Zoning Ordi- nance, Articles III, Section 100- 31, and XI, Section 100-119.2 for permission to construct addi- tions to existing dwelling with a reduced southerly sideyard set- hack, insufficient total sideyards, excessive lot coverage and with an insufficient setback from bulkhead along "Old Cove" at Arshamomaque. Location of Property: East Side of Carole Road, Seuthold, NY; County Tax Map Parcel No. 1000-52-2-3. 8:00 p.m. Appl. No. 365~ GUIDO AND ANNA CIACIA. Variances to the Zoning Ordi- nance, Article VI, Section 100- 61, Bulk Schedule for approval of insufficient area, width and depth of two parcels in this pend- ing division of land located at the corner of the East Side of Kerwin Boulevard and the South Side of Main Road, Green- pert. Zone District: B-Light Bus- iness. County Tax Map Parcel No. 1000-53-2-20; Peconic Bay Estates Lots 178 and part of 177. 8:10 p.m. Appl. No. 3704 - JAMES MESKOURIS. Vari- ances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule as to excessive lot. coverage, and Article XI, Section 100-119.2 as to construction within 100 feet of bulkhead and ordinary high water mark along Long Island Sound, for the prop- osed construction of open decks attached to existing dwelling. ~ ~ ORK ) THOMAS ZIi~RMAN. Variance tat he Zoning Ordi- FFOLK ) nance, Article XI, Section 100- ll8E for approval of deck and to rebuild/repair existing noncon- forming structure which exceeds 50% of fair value of same and which exceeds those limitations of Prior Z.B.A. Appl. No. 3590 rendered March 5, 1987. Loca- tion of Property: 265 Rochelle Place, Mattituck, NY; County Tax Map Parcel No. 1000-144- 04-09 and 08, containing .60_+ of an acre total 8:30 p.m. Appl. No. 3688 - ANTHONY AND SALLY PIRRERA, Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient width (frontage) of two parcels in this pending division of land. Loca- tion of Property: North Side of C.R. 48 (North Road), Green- pert, NY; County Tax Map Par- cel No. 1000-40-01-20, contain- ink a total area of 5.20 + acres. The Board of Appeals will hear at said time and place all persons or representatives desir- ink to be heard in each of the above matters. Each hearing will not start before the time al- lotted. Written comments may be submitted prior to the conclu- sion of the subject hearing., For more information, please call 785-1809. Dated: December 31, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary 5803-1TJ7 P~n ~-~n ~-n of Groenport, in ng duly sworn, says that he/she ia )f THE SUFFOLK TIMES, a Weekly )fished at Greenport, in the Town unty of Suffolk and State of New he Notice of which the annexed is has been regularly published in ~r once each week for 1 h 7 ,ely, commencing on t e January 19~L_ Principal Clerk me this "! ..... APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 5nUTHDLD. L.I.. N.Y. 111971 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 frae to 'call our office, 765-1809. Yours_ very tr~ul.y~,~ S~ERARD P. G6EHRKNGER CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting January 14, 1988 Copies Mailed to the following 12/22/87: Mr. Arthur V. Junge, 6880 Nassau Pt. Road, Cutchogue 11935 Mr. and Mrs. William Tuite, 1777 Harvard Ave, Merrick, NY 11566 Mr. and Mrs. Anthony Robustelli, 48 Revere Road, Manhasset, NY ll030 Marie Ongioni, Esq. as Attorney for Anthony & Angela Leone Patricia C. Moore, Esq., Edson & Bruer, as Attorneys for Manfred E. Kuerner Guido and Anna Ciacia Anthony and Sally Pirrera Anthony B. Tohill, Esq. as Attorney for Edward and Barbara Betsch Mr. Thomas Zimmerman, 39 Eric Lane, New Hyde Park, NY 11040 Z.B.A. Chairman and Members with maps, etc. Delivered to the following 12/22/87: Planning Board (Diane and Valerie) Building Department (Inspector~22) Town Clerk Bulletin Board ZBA Office Bulletin Board Delivery to the Suffolk Times and L.I. Traveler on 1/ /88 JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 18, 1987 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 Transmitted herewith is Zoning Appeal No. 3706 , application of Manfred E. Kuerner for a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. 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 Southold Town Clerk December 18, 1987 Gerard P. Goehringer, Chairman Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Variance Application Manfred E. Kuerner Dear Mr. Goehringer: Enclosed please find the following: 1. Notice of Disapproval from the Building Inspector 2. Application in triplicate 3. Notice to Adjoining Property Owners with affidavit and mailing receipts attached. 4. Short Environmental Assessment form 5. Completed ZBA questionnaire 6. Survey of existing and proposed construction (~copies) 7. Copy of Certificate of Occupancy 8. Letters (2) in support of this application from Mr. and Mrs. Hribok and Mr. and Mrs. Stewart. 9. DEC determination that no permit is required 10. Our firm check, in the sum of $150.00, in payment of application fee. Please be advised that the Town Trustees authorized the issuance of a wetlands permit at their meeting last night. A copy will be provided to you as soon as possible. Sincerely, Patricia c. M~ore, Esq. PCM/df Encs. BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter or' the Petition of : MANFRED E. KUERNER : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT P BO ~R~i~ OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That i..Lt_k/~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~/ariance~(Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent toyour property and is des- cribed as follows: 40 Carole Road, $outhoZd, N.Y., $CTM#1000-052-2-3 3. That the property which is the subject of such Petition is located in the following zoning district: "A" -Residential/Agricultural 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: p~rmiss~on to construct qaraqe and addition to existinq dwellinq, which construction will exceed allowable lot coveraqe and create insufficient side yard and wetland set-backs. 5. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- signedare Article III Sectio~ 100-31. Art. XI. Sec. 100-119.2 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-w~y. 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 may 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. Dated: 12//~/87 Patricia C. Moore, ~tt_y. Petitioner Owners'Names: Manfred E. Post Office Address Main Road, P.O. Box 1466 Southold, N.Y. 11971 for Petitioner Kuerner NAMe: PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRF$$ Frederick and Helen Hribok Mr. & Mrs. Edwin Stewart p 774 950 WS& RECEIPT FOR CERTIFIED MAIL NOT FOR INTERNATIONAL MAIL (See Reverse) ~derick and Helen ibok 1 Arnold Lane Commack, N.Y. 11725 101 Bicksburge Court Simpsonville, South c~~'' = "'"'R cERTtFII'-u "" RECEtP! r.¥.l~E COVE~A~O p~OV~ooo (See 681 ZIP Code ~ TOT ¢'~F~'age ~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Mary Diana Foster ,residlngat (No#) McCann Lane, Greenport, NY , being duly sworn, deposes and says that on the ,/~'~ day of December ,19 87 , 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- ficeat Southold ~ NY (certified) (:L'e.~iLs,.~-~RCI0 mail, Sworn to b~e me this / day of/E~ece~ber N~tary'~ublic ; that said Notices were mailed to each of said persons by (This side does not have to be property owners.) completed on form transmitted to adjoining FORM NO. 4 TOWN OF SOUTHOLD BUll,DING DEPARTMENT Town Clerk'8 Office Southold, N. Y. Cerlificale Of Occupancy Date .............. .O0. t ...... 29.., 19.7~I. THIS CERTIFIES that the building located at Carola RoSd Street Map No....:~. ........ Block No .... .xX. ..... Lot No... ~ ..... $0.U..thg.~d... ~;.Y.*. .... conforms substantially to the Application for Building Permit heretofore filed in this office dated ......... ~0.v. ..20 ....., 19 ~0. pursuant to which Building Permit No.. dated ......... l~o.v... 2~ ..... , 19.70., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is Private one family dwelling The certificate is issued to .... It,. Kuerl~lr .......... 0~m®r ......................... (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval .... N,I~, ........ ~ ............ ....... 3c,~' Building Inspector .SHORT £NVIROT~IEMTAL ZNSTRUCTZO~$ f (a) ~ order to ann~er the question~ in th~s short ~AF is is aaatu~ed that the ~roparer will uae currently available inform~tton concerning tho project and the $kely lmpacte of the action, I~ is not e~ected tha~ additional ~tud~e~ reeearch or other inve~%iga[ions w~l be (b) If any question ~s been answered Yes the project mny be ~i$if~c~n~ and a ccmple%ed Enviro~ental Assessment Fo~ ls necessa~/. {c) If all questions have been answered No i% is l~oly t~mt this project l~ no~tgnificant, (d) Environmental 1, Will project result in a large physical chan~e to the project cite or physically altc~ more than 10 acres of land? , · · · · . . , , , 2, Will thoro be a major change to anF tu~lquo or unusual land form found on the site? , . . 3,Will project alter or have a large effect on an existing body of water? , , . . o . . . ~, Will project have a potentially large lmpacb on groundwater quality? · , , , , . . . , , 5. Will project al~ni£icantly, effect drainage flow O~ adJacen% si:os? , , , , , · . . . . 6, Will project affect any tlu~eatuned om endangered '-plaBt or an~.nal species'? , , , . , , . , · Will project result in a ~aJor advor:m effect on Will project have'a maJo~ effect on visual char- attar of ~he co~munity or scenic views or vistas kno~ to be important to the co~.munity? , , , Will project adversely impact any site or struct- ure of hl~toric, prs-~istoric, or paleontolozlcal importance or any site desi~nated as a critical eRvireamon~al area by a local agency? , , , 10. Will project have a major effect on existing or future recreational opportunities2 . . . Will proJect~resul:'in major traffic problems or cause a major effect to ex2~tin~ transportation Will project regularly cause ob~ectionable odors, ~oisa~ glare~ vibration, or elcc~rical dist~rb- ante aa a result of the project's cperation? ; Will project have any impac~ on public health or Will project Affect the existing ¢ommu~it7 by directly causing a~rowth In permanent popula- tion of more ~han perccn~ over a cna-year period or have a major negative effect on the character of ~he co~unit¥ cr neighborhood?.. l~. Is ~here public controversy concernzng the project? Yes / Mo mul Yes Yes Yea .. Ye:~ ,, ,'//' Ye~ No Yes Yes ,,, ./No Yes / No Yes -- Mo Ye~ ____/No QUESTIONNArRE TO BE COHPLETED AND SUBI'IITTED WITH YOUR APPLICATION FORHS TO TIlE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals· to change. ~r alter land contours? Yes 2.a) Are there any ar:as which contain wetland grasses? (Attached is a list of the wetland grasses defined by Yes Town Code, Ch. 97 for your reference.) . *b) Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes 4. Are the.e ~ny.~ or proposed fences, concrete barriers, oecKs, e~c~ (~c~r~-,-t~ ~u. Ll.k)m~] ~ 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: $,~¢s~o~ct~ ft. Yes 6. If project is proposed for principal ~ilo~ng or structure, is total height at more than 35 feet above average ground l--~-~l? State total: ft. Yes 7. Are there other premises under your ownership abutting this parcel? If.yes, please submit copy of deed. Yes 8. Are there any building permits pending on this parcel (or abutting land under your ownership,'if any)? Yes State Permit # and Nature: 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 ~No Town Board ~s Town Tru'stees ~'~L ~,Am 1~-~ County Health Department - ~ 2~ Village' Of Greenport Yes N.Y.S.D.E.C. ~o ~f~c~. Yes Other Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of namgs or purchasers and conditions of sale.(from contract). II. Is new construction proposed in the area of contours at 5 feet or less as exists7 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 conducted upon subject property at this time *Please submit photographs for bhe record. I certify~;]]_~l,t the above statements are true and Sigr~ure (PFo~erty OwneF) (A~h~ized Agent) Yes Yes ~ (~ N~ the are being submitted for my application· · (2. § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-20- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or'lands lying beneath tidal waters, which at mean Iow thle arc covered by tidal water:~ to a maximum depth of five (5) feet, including but not limited to banks, bogs. salt marsh, Swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banl;s, bogs, meadows, fiats and tidal marsh : subject to such tides and upon which grows or may grow some or any of the following: salt hay. black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march co;tigress; and/or (3) All land immediately adjacent to a tidal wetland as defined ia Subsection A(2) and lying within seven- ty-five (75) feet lamtwurd of thc mo:~t landwttrd edge of such a tidal wetbmd. FRESIIWATEI~. WETLANDS: (1) "Freshwater wetlamls" as defined in Article 2,1, Ti- tle 1, § 2-t-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All ]amt immediately adjacent to a "frt'shwater wet- land," as defined ia Subsection B(1)and lying with- in seventy-five (75) feet landward of the mos[ land- ard edge of a f eshw; t r wet and." B. 9705