Loading...
HomeMy WebLinkAbout3738 Southold Town Board of Appeals IVlAIN RI3AD- ESTATE RnAD 25 ESI3UTHI3LD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ~03£~T J. DCUCLA~$ JOSEPH H. SAWICKI ACTION OF THE BOARD OF APPEALS Application of GEORGE BORNSCHEIN for Variances to the Zoning Ordinance, Article III, Section 100-31 for permission to extend garage located in the frontyard area and attach same to existing dwelling, and to construct additions to square off rear of dwelling in excess of maximum-permitted lot coverage requirement, at premises known as 560 Oak Street, Cutchogue, NY; Lot 924 and one-half of #25, Map of Eugene Heights; County Tax Map Parcel No. 1000-136-1-44. WHEREAS, a public hearing was held and concluded on July 14, 1988 in the Matter of the Application of GEORG5 80RN$CHEIN under Appeal No. 3738; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant requests Variances from Article III, Section 100-31 of the Zoning Code for permission to (a) extend garage and attach same to existing dwelling, which by becoming part of the principal structure will not meet the required frontyard setback, lot coverage and sideyards for a principal structure in this zone district; (b) construct additions to square off rear of dwelling, which will not meet the limited 20% lot-coverage requirement for all construction. 2. The subject premises contains a total area of approxi- mately .10 of an acre, with 37.5 ft. frontage along the east side of Oak Street, lot depth of 98.6 feet, and frontage along the ordinary highwater mark of Eugene's Creek. Pag~ ~ .- Rppl. No% 373~ · Matter of GEORGE BORNSCHEIN Decision Rendered August 18, 1988 3. This property is identified on the Suffolk County Tax Maps as District 1000, Section 136, Block 1, Lot 44, is referred to as Lot #24 and part of 925 on the Map of Eugene Heights, Cutchogue, and is improved with a single-family, one-story dwelling structure and accessory garage, all as shown on the survey prepared July 6, 1979, by Roderick VanTuyl, P.C. 4. The following information has been furnished by the property owner for the record: ft.; ft. , (a) square footage of lot: 3638 sq. ft; (b) square footage of existing buildings and deck 1423 sq. (c) percentage of lot coverage proposed 39.1 percent; (d) square footage of proposed additions, garage 42 sq. house 93 feet; total 135 feet; (e) percentage of proposed and existing lot coverage 42.8%. 5. Town records also show the following dimensions of existing construction: (a) main building 528 sq. ft.; 7 x 15' extension 105 sq. ft.; garage 16 x 14' 224 sq. ft. {see assessors property record card}. 6. The accessory garage structure is presently located in the frontyard area with a setback of 1.5 feet from its nearest point with the front property line. The main dwelling structure is set back 22 feet from its closest corner to the front property line, 3 feet from the south side property line, 9 feet to the northerly side property line, and approximately 15 feet to the concrete wall (and 39.5+- feet from the ordinary highwater line as shown on the July 6, 1979 survey map). 7. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a maximum lot coverage of all buildings to be 20 percent, requires a minimum frontyard setback at 35 feet or the average of the established within 300 feet on the same block and same side of the street, and minimum sideyards at 10 and 15 feet. 8. It is the opinion of the Board that the premises is substantially nonconforming in these respects as exists today; however the variances requested in relation thereto are not substantial. The Board agrees that the applicant's requests are the minimal necessary to afford relief under the circumstances. 9. In considering this appeal, the Board also finds and determines: (a) the practical difficulties are sufficient; Page ~- ~ppl. No% 3738 Matter of GEORGE BORNSCHEIN Decision Rendered August 18, 1988 (b) the property is unique as to its substandard size and limited front and rear yard areas; (c) there is no alternative available for appellants to pursue; (d) the relief will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (e) in considering all the above factors, the interests of justice will be served by granting the relief, as applied and further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3738 in the Matter of the Application of GEORGE BORNSCHEIN for the attachment and extension of the accessory garage to the principal dwelling, and squaring off of the corners of the dwelling, as submitted to this Board, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Two doors, of a size three ft. wide each, or larger, be placed within the easterly wall of the garage; 2. No further additional construction or saturation; 3. Any further additions shall be permitted if they are at an upper story and not extending past the building; 4. No further frontyard encroachment for any additional construction in any manner. vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk RECEIVED AND LED BY THE SOUTHOLD TOWN DATE ~/~ HOUR Town Clerk, Town of Southelcl NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, JULY 14, 1988 at the following times: 7:30 p.m. Appl. No. 3733. Esme and Nicholas Lagudis. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate accessory (gazebo) structure within 100 feet of the top of bluff along the L.I. Sound, at premises known as 760 The Strand, Pebble Beach Farms Subdivision Lot #129, East Marion, NY; County Tax Map Parcel No. 1000-30-2-84. 7:35 p.m. Appl. No. 3735. DINO AND LYNN ROSSINI. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition, landing and stairs near and along bluff of the L.I. Sound, at premises known as 755 Soundview Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-94-1-6. 7:40 p.m. Appl. No~ 3736. JO~N R. SCHREYER. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition within 75 feet of bulkhead along Peconic Bay, at premzses known as 160 Blue Marlin Drive, Southold Shores Subdivision Lot ~2, Gre~nport, NY; County Tax Map Parcel No. 1000-56-7-20. 7:45 p.m. Appl. No. 3738. GEORGE ~ORNSCHEIN. Variances to the Zoning Ordinance, Article III, Section 100-31, for permission to extend garage located in the frontyard area and attach same to existing dwelling, and to construct additions to square off rear of dwelling in excess of maximum-permitted lot coverage requirement, an premises known as 560 Oak Street, Cutchoque, NY; Lot 924 and one-half of ~25, Map of Eugene Heights; County Tax Map Parcel No. 1000-136-1-44. ~ 7:50 p.m. Appl. No. 3743. NORTH FORK GREEK COMMUNITY ASSOCIATION~ INC. Special Exception To the Zoning Ordinance, Article III, Section 100-30B for permission to expand building for a Place of Worship .at premises known as 1950 Luthers Road, Mattituck, NY; County Tax Map Parcel No. 1000-106-9-6.1. 8:00 p.m. Appl. No. 3737. JOHN and JOAN POLYWODA. Variance to the Zoning Ordinance, Article VII, Section 100-71 to construct 11'6" x 36' addition (for storage) with an insuffi- cient sideyard setback at the westerly yard area, at premises known as 55560 Main Road and 20 Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-62-3-2. B-1 Zone District. 8:05 p.m. Appl. No. 3741. DOUGLAS AND ELIZABETH WHELAN. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permisszon no construct addition with an insufficient setback at the easterly side of existing dwelling which has been determined by the Building Inspector to be fronnyard area, at premises known as 1145 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-03-8. Page 2 Notice of Hearings Regular Meeting-July 14, 1988 Southold Town Board of Appeals 8:10 p.m. Appl. No. 3748. JAMES and ELAINE KELEMBELIDIS. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to extend deck with an insufficient rearyard setback, at premises known as 395 Dogwood Lane, Southold, NY; County Tax Map Parcel No~ 1000-54-5-28.1 8:15 p.m. Appl. No. 3742. OLIVER CAMPBELL° Special Exception to the Zoning Ordinance, Article IX, Section 100-90A for permission to construct principal building for storage purposes in this C-1 Industrial Zone District in conjunction with sand and stockpile yard, at premises located along the west side of Cox Lane, Cutchogue, NY; County Tax Map Parcel NOo 1000-84-03-5. 8:25 p.m. Appl. No. 3745° JOSEPH SPITALIERE/JOHN C.W. CAMPBELL. Variance for approval of access in accordance with New York Town Law, SectiQn 280-a over private right-of-way located along the east side of Cedar Beach Drive (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to parcels identified on the Suffolk County Tax Maps as No. !000-90-4-14 and 19. 8:35 p.m. Appl. No. 3749. STERLING IDEA VENTUtLESo Variance to the Zoning Ordinance, Article VII, Section 100-71~ Bulk Schedule for approval of insufficient rearyard setback from the northerly property line for proposed prlncipal building, at premises known as 46025 C.Ro 48, Southold, NY-; County Tax Map Parcel No. 1000-55-2-18.1. B-1 General Business Zone District~ The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing~ Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: June 27, 1988. BY ORDER OF THE SO%~HOLD TOWN BOARD OF APPEALS GERARD P~ GOEHRINGER, CHAIRMAN Linda Kowalski~ Board Secretary Instructions to newspapers: Please publish on THURSDAY, JUNE 30, 1988, and forward davits of publication to: Board of Appeals, Main Road~ NY 11971, on or before July 5~ 1988. 11 affi- Soutold~ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ...1~.-~?~.~. I.~. ....... , 19 .~..~.. for pemtit to construct...cL3~9~.d~..'~..~~.. ~. ~ ................. at Lo~tion of Property . .~ 0.....~ .... ~ . ~~~ Ho~so No. "~/e~i ............. I fi~/oi County Tax Map No. 1000 section ... [. ~.~2 ..... Block .... ~ I ....... Lot . .~.~ ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~ ~,.e.~.. ~.~,.,...~.~~..~... .. ~..~.~ ..... ~.~ ~. ~.~ _: ~~~. ~.~. ~. ~. t~.~,~ .~..~&~..~.~. ............ ~ Bu~d~g Inspector TOWN OF SOUTH~L~,~I~ ~l~.~ APPEAL FROM DECISION OF BUILDING 'NSPEC~ 2 ~ 1988 TO THE ZONING BOARD OF APP~LS, TOWN OF SOUTHOLD. N: Y~ Name of Appello~; ......................................... ~;';~';~ ~:~G; ......................... ......... ........... .......................... H~EBY APP~L TO Municipality ']~9- 75~~ StYe THE ZONING BOARD OF APP~LS FROM THE DECISION OF THE BUtLDJNG [NSPE~OE ON APPLICATION FOR PERMIT NO. DA~ED ........ ~ ........................................ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit ...................................................... .......... .................... Street and Number MunicipaJity State ( ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OFTHE PROPERTY E~'.~. ..O,..~..~..,..STZ('oTCHO~.~.,~..~.Z Street /Hamlet / Use District on Zoning Map District ~000 Section/~Blocko! Lot~J~ ..... .................................................................................. Cu..=.. 0~ner ~.¢~. Map No. O~'~> Lot No.~//X~-Prior Owner J-j. 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 ~ Section tOO-3l) /~.¢-T:,~ S~c, II~j-~.) 3. TYPE OF APPEAL Appeal is mode herewith for (p]ease check approp~$ate box) (~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chap, 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 (') 4. PREVIOUS APPEAL A previous appeal (13a~ (has not) been mode 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 Appea.I No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (/~) A Variance to the Zoning Ordinance ( ) is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaJ difficulties or unneces- because ' 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Vodonce woumd observe the spidt of the Ordinonce ond WOULD NOT CHANGE THE CHARACTER OF TNE DISTRICT because STATE OF NEW YORK ) ) ss COUNTY OF ~I~3 ) Sworn to this -] ~ Y .. · .............. ~ ....... ~.~ ....... ~ ........................... ~.~ otar Pubiic /' ~OSE?H ~. ?t~;~>~ N~ 6~722~85 OWNER TOWN OF SOUTH¢ STREET FORMER OWNER W RES. LAND NEW Farm Tillable Tillable Tillable Woodland Swampland Brushland~',-~ House Plot Total SEAS. I VL. FARM IMP. TOTAL DATE NOP~MAL Acre BUILDING CONDITION BELOW Value Per Acre COMM. REMARK: ABOVE Value ROAD DISTRICT ACREAGE TYPE OF BUILDING CB, MISC. Est. Mkt. Value M. B~dg. Extension Extension Extension Breezeway Garage Foundation Basement Walls Fire Place Patio Driveway Porch Bath Floors Interior Finish Heat Roof Type 1st Floor Rooms 2nd Floor Dormer ~B CUT'CHO~UE Town OF .50u'r'Hot. ~ ,Iv', Y. OJrl~,Ce a~ M,~k t.l~t eS~'6, D¢.hlOC.~...~.. I. ,o, k.,~*.. !. ~:L' N4. · DEPARTMENT OF PLANNING COUNTY OF E~UFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 August 26, 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 fo&lowing application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) ~/George Bornschein Douglas & Elizabeth Whelan Municipal File Number(s) 3737 3741 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN RDAD- STATE RDAD 25 SDUTHDLD, L.I., N.Y. 119'71 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI the following ×× Variance Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers to the Suffolk County Planning Commission: from the Zoning Code, Article IZZ , Section 100-31 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal N0.:3737 Applicant: George Bornschein Location of Affected Land: 560 Oak Street, Cutc5ogue, NY County Tax Map Item No.: 1000-136-1-44 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 Federally Owned Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Lan~ 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 locat.¢d in frontyard area and attach same to existinq dwellinqr and construct additions to square off rear of dwelling in excess of maximum-permitted lot coverage ~L~quirem~nt. Copies of Town file and related documents enclosed for your review. Dated:August 25, 1988 APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. RCD-'-~,T J. DCUCLA~3' JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 August 25, 1988 Mr. George W. Bornschein 1750 Stevens Avenue North Merrick, NY 11566 Re: Appl. No. 3738 - Variance Dear Mr. Bornschein: 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 return to the Town Trustees Office and Town Building Department for issuance of any permits and other approvals in writing as may be applicable. 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, Enclosure Copy of Decision to: Building Department GERARD P. GOEHRINGER CHAIRMAN Suffolk County Planning Commission TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, JULY 19, 1988 Appl. No. 3738 Applicant(s): GEORGE BORNSCHEIN Location of Property: 560 Oak Street, County Tax Map ID. No. 1000-136-1-44. Cutchogue Board Members present: Chairman Goehringer P. Goehringer, Members: G~igonis, Douglass and Sawicki. Absent: Doyen (due to poor weather conditions) Also present: Victor Lessard, Bui.lding Dept., Linda Kowaiski, Z.B.A. Secretary and approximately persons in the audience. The Chairman opened the hearing at 7:49 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a map dated July 6, I979 showing penned in areas where he intends to square off a house in the rearyard and the attachment of the garage to the house. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard. You ex- ceed the lot coverage by what now? Are you tamiliar with that without looking at your .... ?. MR. BORNSCHEIN: I believe the present lot coverage is 39% and I'm looking to go to 42%. CHAIRMAN GOEHRINGER: Ok. And the lot i~ about a 50 foot lot, 37? MR. BORNSCHEIN: It's 57 and a half by approximately 100. The reason for squaring off that house is that we intend to retire out here in the near future and we ~eel that the bedroom would have to be enlarged. And the only way to do that would be to accommodate the bedrooms to be on the second floor. So we plan to add a second floor. In order to get a reasonable workable floor plan on the first floor, we'd have to square off the present dwelling in order to get a kitchen, dining area and a living room. And the reason for the extension of the .... And by the way, I've requested a variance. Not a variance but a waiver from the Town Trustees and they have granted that waiver. The reason for the garage extension is the garage's outside dimensions are 16 feet 6 inches and I can't even get my present car in there and I~believe I will always have a four'door car. So I'd just. like to at the same time the house is being renovated, to enlarge the garage so that it all conforms to one architectural concept. CHAIRMAN GOEHRINGER: We have an area in this town that's very similiar to this area down here on Carol Road in Southold down by the Southold Beach Motel. And we've had about seven variances down there. And we Page 2 - Thursday, Ju~14, 1988 Public Hearing - Geor~Bornschein Southold Zoning Board of Appeals CHAIRMAN GOEHRINGER (continued): have required everybody to put a rear door in their garage. Are you able to do that? MR. BORNSCHEIN: The present garage has a rear door and a rear door would be present in the nex extension. CHAIRMAN GOEHRINGER: I'm talking about a rear door that would be large enough to. accommodate fire equipment if it had to get to the rear of your structure. A door maybe six feet, seven feet. In other words, two garage doors. One on the front and one in the back. MR. BORNSCHEIN: I don't think I have any major problem with that. At the present time, I have two swinging doors on the street side. I plan to put an overhead door on that. And if the garage is extended to abutt up against the house, I have a door entering the garage from the front of the~house to enter the garage and make a right turn and be able to exit the garage toward ~he rear of the property. CHAIRMAN GOEHRINGER: Well, I have to go down there and do a measure- ment on the back of that garage. But the purpose of requiring that is basically for fire safety purposes and that is that; if there is a fire in the house, maybe the garage would be involved anyway since it's go- lng to be attached to the house if the Board so desires to grant this application. However, the firemen, because you only have three feet on the southside of your property, fire personell, and we are all firemen, would be able to utilize the ingress and egress through the garage. Now, I realize your garage would be in there but they would probably back that out or pull it out. And that's the purpose of requiring a fairly large rear door. I'm talking about larger than a swinging door. I'm talking about a small garage door so to speak. Ok. And that's basically the only thing that I'm concerned with. That's what we have been dealing with in an area such as Carol Road. We have required it on every variance that we had down there where a garage has been added to a structure~ Thereby avoiding or precluding any access to the struc- ture on that side of the building. And to be perfectly honest with you, we feel that it's not only for emergency purposes but it gives the property owner availability to the rearyard which they don't have if they only had one single door in the front. MR. BORNSCHEIN: Well I would'have, as I said before, an entrance in· to and out of the garage toward the rear of the property. CHAIRMAN GOEHRINGER: Well, we're going to go down there and take a measurement and that may begone of our stipulations in granting this application. So I'm just mentioning it to you at this time. MR. BORNSCHEIN: Have you inspected the property and the squaring off of the house? CHAIRMAN GOEHRINGER: Yes. I have no problems with it. how the Board feels. We thank you very much. don't know MR. BORNSCHEIN: Ok. Thank you. Page 3 - Thursday, Ju~14, 1988 Public Hearing ' GeO'~Bornschein ~outhoid Zoning Board of Appeals CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak in favor of this application? Is there anybody else who would like to speak against the application? Is there anybody who would like to speak. This is such a redundant statement and I apologize. It is redundant for me. Hearing no further questions, I'll make a mo- tion closing the hearing reserving decision until later. Ail in favor - AYE. BY Nadia Moore ,I C u T c H OC~ U [ N 't' '",,,, lq =1 CUT'C HO Tov~'z.z oF Southold Town Board of Appeals MAIN RDAD- STATE RDAD 25 SDUTHDLD, L.h, N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS July 14~. 1988 GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3738 PROJECT NAME: GEORGE BORN'SC'HEIN 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 ha~e 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:Extend garage located in the frontyard area and attach same to existing dwelling and construct additions to square off rear of dwellinq in excess of maximum ~ermitted lot coverage requirement LOCATION OF PROJECT: Town of Southol~, County of, Suffolk, more particularly knQwn as: ' 560 Oak Street, Cutchogue~ NY 1000-136-1-44 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessn~ent 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) The relief requested is a setback variance as regulated by Secti~R6~R6I~6~T~,RApLEASE CONTACT: Linda Kowalski, 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 NOIIt I OI Itt-..~.RIN(iN N()[l( I. I% III.RI ID (~I%- I~{).%RD ()1 .%PPI.Al % at a Avenue, Mattituck, NY; Coun- ty Tax Map Parcel No. 1000-94-1-6. 7:40 p.m. Appl No. 3736. JOHN R. SCHREYER. Variance to the Zoning Or- dinance, Article X1, Section 100-119.2 for permission to con- struct deck addition within 75 feet of bulkhead along Peconic Bay, at premises known as 160 Blue Marlin Drive, Southold Shores Subdivision Lot No, 2, Greenport, NY; County Tax Map Parcel No. 1000-56-7-20,~ ~'~'7:45 p.m; APpL No. 3738.\ GEORGE BORNSCHEIN.1 variances to the Zoning Or- dinance, Article m, Section 100-31, for permission to extend garage located in the frontyard area and attach same to existin, g dwelhng, ann to construct adui- tions to square off rear of dwell- ing in excess of maximum- permitted lot coverage require- ment, at premises known as 560 Oak Street, Cutchogue, NY; Lot No. 24 and one-half of No.25, Map of Eugene Heights; Coun- ty Tax Map Parcel No. 1000-136-1-44.B1 Zone District./ "-- 7:50 p.m. Appl. No. NORTH FORK GREEK COM- MUNITY ASSOCIATION, INC. Special Exception to the Zoning Ordinance, Article Section 100-30B for permission to expand building for a Place of Worship at premises known as 1950 Lathers Road, Mat- tltuck, NY; County 'Fax Map Parcel No. 1000-106-9-6.1. 8:00 p.m. AppL 'No. 3737. : JO l-lbl AND JOAN POLYWODA. Variance to the Zoning Ordinance, Article VII, Section 100-71 to construct 11'6" X 36' addition (for storage) with an insufficient sideyard setback at the westerly yard area, at premises known as 55560 Main Road and 20 Hobart Road, Southnid, NY; County 'Pax Map Parcel No. 1000-62-3-2. 8:05 p.m. Appl. No. 3741. DOUGLAS AND ELIZABETH WHELAN. Variance to the Zoning Or- dinance, Article Ill, Section 100-31, Bulk Schedule, for per- mission to construct addition with an insufficient setback at the easterly side of existing dwelling which has been d~ter- mined by the Bnildin8 Insp~t. or to be ffont~rd area, at prenuses known aa 1145 Old Harbor Road, New Suffolk, NY; Coun- ty Tax Map Parcle No. 1000-1174)3-8. 8:10 p.m. AppL No. 3/48. JAMES AND ELAINE KELEMBELIDIS. Variance to the Zoning Ordinance, Article 11I, Section 100-31, Bulk Schedule, for permi~ion to ex- tend deck with an insufficiant rearyard setback, at premises known as 395 Dogwood Lane, Southold, NY; County Tax Map Parcel No. 1000-54-5-28.1. 8:15 p.m. AppL No. 3742. OLIVER CAMPBELL. Special Exception to the Zoning Or- dinance, Article IX, Section 100-90A for permission to con- struct principal building for storage purpo~ in this C21 In- dustrial Zone District in con- junction with sand and stockpile yard, at premises located along the west side of Cox Lane' Cut- chogue' NY; County Tax Map Parcel No. 1000-M-03-5. 8:25 p.m. Appl. No. 374.5 JOSEPH SPITALIERE/JOHN C.W. CAMPBELL. Variance for approval of access in eccordanc~ with Ne~ York Town Law, Sec- tion ~ ~pri'mte tight-of- way located along the east sidc 9f Cedar Beach Drive (just south of General Wayne inn) and estending in an easterly and thence southerly direction to parcels identified on the Suffolk County Tx Maps as No. 1000-90-4-14 and 19. 8:35 p.m. Appl. No. 3749. STERLING IDEA VEN- TURES. Variance to the Zoning Ordinance, Article VII, Section 10071, Bulk Schedule for ap- proval of insufficient rearyard setback from the northerly pro- perry linc for proposed principal bnitdin$, at premises known as 46025 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-55-2-18.1- B-I General Business Zone District. The Board of Appeals will at said time and place hear any all persons or representauves desiring to the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. DATED: June 27, 1988 BY ORDER OF THE sOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski. Board Secretary 1T-6/30/88(9) 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 da ',~-o'f-~....~....?'-~=. · .... , 19. ff.z~. Sworn to before me this ............ ~.?.~ ..... day of Notary Public Notary Public, State of lq'ew York No. 4806846 Qualified in Suffolk O~mty ..~&asM~/.~4~'I~S Soundview Tm-~hs~d~; 1000-04-1.6. Bay, m ~mi~s known ts 1~ Blue Mas~B Drive, Southold 1~-~-7-~ ~ ~e ~h80~nco, ~ fMy~ a~a ~d at~h same m exit~S dwelllns. ~d to~ ~mr d dw~lins in Rnss d~ ~um~ 1~ ~e ~ P~ ~. I~1~ ~ 7~0 p.m. A~. N~ 3743. } ~ ~ ~, ~in~ orai. ~7~ for ~iision to ~xpand ~ f~ · ~ of Wo~hi~ ~ ~;;~mck, ~; Co~ty T~ m~ ' .... ~" *~/8:25 p,m.' Appl. No~ 374S~ ~S ~~v~.zorap- ~' ~ New Y~ To~ ~w, ~ ' I~nMd ~ ~e usa d~ of ~ of Mattltueks [n C~r Bu~ ~ OMa ~ ~ ~ ~n~ ~ w~ ~) ~ ~ ~orn, ~ t~t M/~o b Pflnolpal ~TIMES, a W~okly Newspaper, J tho Town of ~ut~M, ~un~ of District. 8:05 p.m. Appl, No. 374i. ~ Variance to the Zcein~ Or- dinance. Article l~, Section 100- 31, Bulk Schedule, for ~slco to construct addition with an lnsuffic/ent setback it the easterly side Q( existin8 dwenins which his been dctennined by the Build- inS Inspector to be frontyasd al ~,,,dsas known as 1145 Old Hubor Reed. New Suffolk, NY; C~unty Tix Mq) Pasocl No. 1000- 117-03-8. 8:10 p.m. AppL No. 3748. ~ Veflmee to the Zoeins OMtncoco, An/cb m, ~ _e.~_~ 10& 31, Bulk Sdmdulo, for pewnission to e.v, und deck with m insufficient rea~ya~d setback, et premises known es 393 Dogwood Lane, Southold, NY; County Tax Mal) Parcel No. 1000-54-5.28.1 8:13 p.m. Appl, No, 3742, cep~/co to thc Zordnj Ordinance, A~cle IX, Section 100-90A for pern~ssion to construct principal betiding for storage purposes in this C-I industrial Zone Dist~t in conjunction with sand and swck- in an euufly cod the~e dire'~co to ~ i~ ~ ~ S~ Tax Ma~ as No. 1~14 ~d 1~. 8:35 p.m. A~L No. 3749. S~RL~O IDEA VR~URRS. Va~ ~ ~, A~ ~, ~ 1~-71, Bu~ ~ ~aM se~ck f~ the ~ed prhGip~ bufldin8. ~ses kno~ as ~S C.R. 4~* ~ NY; ~ Tax ~ P~ No. I~SS-2-18. L B4 ~ B~ ~ ~d~e~a~hur~ ~ ~ms ~ ~msm~i~s de- ~S~hMh e~h ~e a~e ~. W~ ~ts · e ~ ~o~d. F~ m~ ~- m~m, plnse c~'765-18~. Dat~: ~e ~, 1988. BY ~ O~ York, and that the Notice of which PI)Y, has been regularly published In each week for ~ weeks )lng on tho 3 0 day of Principal Clark MARY K O£ON PUGLIC, State' !''r.?°rk ~uffotk County No ~.j/t ~u~a Expires Fe ~m Southold Town Board of Appea!s MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 1197 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT ]. DOUGLASS JOSEPH H. SAWlCKI 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 free to ~call our office, 765-1809. Yours very tr~l.~.~, ~, ~ GERARD P. GOEHR[NGER ~ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk Mailing List Legal Notice of Hearings for 7/14/88 Southold Town Board of Appeals Copies mailed to the foll6wing on or about 6/28/88: Mr. Nicholas C. Lagudis 760 The Strand East Marion, NY 11939 Mr. and Mrs. Dino Rossini 755 Soundview Avenue Mattituck, NY 11952 Mr. and Mrs. John R. Schreyer One Wilton Ct. Great River, NY 11739 Mr. George Bornschein 1750 Stevens Avenue North Merrick, NY 11566 Mr. Gordon Ahlers P.O. Box 6 Jamesport, NY 11947 Mr. Merlon Wiggin, President Peconic Associates, Inc. One Bootleg Alley Greenport, NY 11944 (for O. Campbell) Paul A. Caminiti, Esq. Box 992 Main Road Southold, NY 11971 (for O. Campbell) Mr. Joseph Spitaliere 9 Noel Place Smithtown, NY 1t787 Mr. Garrett A. Strang, R.A. Main Road, Box 1412 Southold, NY 11971 as Agent for Sterling Idea Ventures Mr. Andreas Markakis North Fork Greek Community Assn. 1950 Luthers Road Mattituck, NY 11952 IIlC . Mr. and Mrs. John A. P.O. Box 234 Southold, NY 11971 Polywoda Mr. Joseph Henry (as agent for Douglas Whelan) J & R Home Improvements Box 314 Greenport, NY 11944 Mr. and Mrs. Doug'las Whelan 16-232 Deer Cake Road Derwood, Maryland 20855 Mr. Hank Rienecker P.O. Box 755 Cutchogue, NY 11935 Mr. Chester Wilcox Wilcox and Son (Agents 130 Sixth Street Greenport, NY 11944 for Kelembelidis) .JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS To: From: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appea. ls Judith T. Terry, Southo[d Town Clerk Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 Dated: May 23, 1988 Transmitted herewith is Zoning Appeal No. 3738 application of Georqe an~l Anoelina Bornschein 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 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter OT' the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENt', PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~(Special Exception)(Special Permit) (Other) [¢±r¢le cho±¢e] I. 2. That the property which is the subject of the Petition is located ad acent to your property and is des- cribed as follows: ~-(~C7 {~:)~1~ ~T'.~ ~.~JT'cT_F4C)~U~'. /~l ~1 I ~Ol~' lSq". ooo; SEc. I'LCOC oi3 I- >r qq - 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section I00 .'"~l ~ A~-~%' %~¢, ~q-~ A~.T'r S6C.~7o I~, [ ] 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 flied 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. Dated: ~// ~)/*~ / f 4. ,usc Petitioner Owners'Names: ~. ¢.4. li~n ~A~ SCt4 ~IN Post Office Address ' - [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICI ATTACH CERTIFIED MAIL RECEIP ADDRESS :)AW. sT P 670 541 50 RECEIPT FOR CERTIFIED NO INSURANCE COVERAGE PNOVtDEO NOT FOR INTERNATIONAL MAIL (See Revere) ?. Z¢O P 0., State and ZIP Code Postage CemGed Fee Special Delivery Fee Restrioted~ Date Postmark or STATE OF NEW YORK COUNTY OF SU,'-:-~-.: I( PS Form 3800, June 1985 ~.b~/.~:~t~I~N£C..I-IEII~I , residing at 1"7~0 5TE.~I~N5 AG ~o. A/t~IR~.~CI~. NX/ 11~6~ . being duly sworn, deposes and says that on the ~ day of ~ ~ ~ ' , 19 ~, deponent mailed a true copy of the Notice set forth on the re- ver~ side hereof, directed to each of the above-named persons at the addresses set opposite thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assmsment roll of the Town of Southold; that said Notices were mailed at the United Stat~ Post ~- rice at ~Oo~LH~ ~UN t~I~AL ~T~ · ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this/ { qt ~ ~-day of .~A-~-~r. , / , 19 %% ~ ~ I~;ta'r~, Public ()' JOS[P. E. F~G~ ~ ' ~o~ P~]ic. State o~ N~ Yo~ No. 60-1~1285 T~ ~ ~ ~ 19~ (This side does not have to be completed on form transmitted to adjoining property owners.) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To /~ ~-,'k. ~.. ~ 94~ .% .'J~ ~.~.....lft~. '... ./.~.~.....~...~ ..... · ~.'-~'-.~-...~ :4 .'...~ ./~.~.~. · · · PLEASE TAKE NOTICE that your application dated .. )~..~e,~.~. ].~. ........ 19 ~ .~.. lbr permit to construct.. . ~ · ' .................. at Location of Property...~.-~..0...07..~.. .... "~"'"''S't/~i'~ House IVo. ' ' ' ' Hamlet County Tax Map No. 1000 Section .../. ~.~, ...... Block ...... I ....... Lotl-c~t .... ~ ......... Subdivision ................. Filed/vlap No ................. Lot No .................. is returned herewith and disapproved on the following grounds .[~'..~...~'...~.%~v~/.~..". ~.. ........ .... ~?.;.~.~ ~. ~:~.~. ~.t/.~ .~. ~&3..~.~ ............ Bufld~g Inspector RV 1/80 (8) T{1 order %0 aim'*wer tho quest, ion:) ~ro~arer w~l~ u~ ccrrcnt~y ~vatlablc er other %nvesc~gnt~on~ u~ bo tmdortal~on. (c) I~ a~ quu~c~ns have been answered (d) ~nvirnnm,,ntnl A~nnn~mvn: :o the project sics or physically hi,ur more Will thoro bo unuuuul land ~o~ /ound on tho ~/tu? ], W~i project alter or have n lnril,{ ufl'~.ct o,~ an oxlu%ln& body of water? , . W~I project hays 6. Will pro~ect a~fo6t nny thront.:n,,.{ - 7. W~i pro)oct re~t~t quali~7? W~i project hava'a ~mJor effect cn to bo cra of hl~tori:~ pro-historic, or Imluoncolug~c~i /mportnnco or ~r,y site douignnt~d ne; n critical 10. W~I project have future rocreactonul opport~itiou7 · · 1~. Will pro~oct.rouult'in ~Joi. trufl'lc I~rOhlc.m o:' systems? ' IL. 1]111 project ~,ffoct tho uxl:~tin~: comm,.~l:7 by /  ~ CONSULT YOUR ~WYER BEmRE S~~MENT ~HIS INSTRUMENT SHOULD BE USSD BY ~ERS ONLY ~ ~ ~lS INDEN~RE, made the 25th day of July , nineteen hundred and seventy-nine ~ ~[l party of the first part, and ~ . resxding at 1750 Stevens Avenue, North Merrick, New Yor~ ~ part7 of the ~econd part, ~ WlT~, that the party of the first ~rt, in consideration of ten dollars and other valmbl~ con,ideation [~] ~id by the ~y of the ~econd part, d~ hereby grant and release unto the ~rty of the second ~, th~ be~r~ ~/ or successors and assigns of the pa~y of the second part forever, ~000 D~$~RECW 136.00 SECTION 01.00 BLOCK 044.00 LOT ALL that certain plot, piece or parcel ofland, with the buildings and improvements thereon e~ed, situate, lying andbeinginthe Town of Southold, at Cutchogue, County of Suffolk, New York, which on a certain map entitled, "Map of Eugene Heights, owned by Jacob F. Bowers, situate at Cutchogue, New York," filed in the Office of the Clerk of the County of Suffolk on October 29, 1928 as Map No. 856, are known and designated as and by Lot #24 and the southerly half of Lot #25, and which tract is more particularly described with reference to said map as follows: BEGINNING at a point on the easterly side of Oak Street distant 12% feet s~utherly from the northerly line of lot numbered 25, said point of beginning being distant southerly 443.22 feet from the corner formed by the intersection of said easterly side of Oak Street with the southerly side of Pierce Drive, as measured along the said easterly side of Oak Street, and from said point of beginning; RUNNING THENC~North 82 degrees 01 minute 10 seconds East through lot 25, a distance of 95.0 feet to the ordinary high water mark of Eugene's Creek; THENCE Southerly along the same, on a tie line having a bearing south 13 degrees 27 minutes 50 seconds East a distance of 37.67 feet to lot 23; THENCE South 82 degrees 01 minute 10 seconds West along the division line between lots 23 and 24 a distance of 98.6 feet to the easterly side of Oak Street; THENCE North 7 degrees 58 minutes 50 seconds West along the easterly side of Oak Street a distance of 37.5 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the grantors herein by deed dated September 2, 1971 and recorded in the office of the Suffolk County Clerk on September 13, 1971 in tiber 7004, cp 452 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of thc party of the second part forever. AND the '~arty of the first part covenant~'that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the satn~ for any other purpose. The word "party" shall be constrned as if it read "parties" whenever the sense of this indentpre so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. 382 STATI OF HIW YORK, C:OUN'rY OF SUFFOLK SS: On the 25 day of July : :: 19 79, before me personally c~me ' , Harold Wohl and Esther M. Wohl, his wife to mc known to Ix. the individuals Ldescribed in and wftu executed the foreguing instrument, and acknowledged that NOTARY PUBLIC, STATE OF NEW YORK S~f'folk Comdy No, 4644944 Term Expkes March 30, 198I STATE OF NEW YORK, COUNTY OF SS: On the ~ day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that . he resides at No. that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors' of said corpora- tion, and that he signed h .name thereto by like order. STATI OF NEW YORK, ¢OUN"rY OF SS: On the day of 19 , before me personally came " to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OII SS: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duty sworn, did depose and say that , he resides at No. ' that he'knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h .~: uame as ,witness.,. thereto. STANDARO FORM OF NEW YOSl( DOARU OF TITLE USDERWRITERS Distributed by ,, r CHICA,.GO INSURANCE C OM PA]b'Y Zip No. QUESTIONNAI'RE TO BE COMPLETED ArID SUB;.IITTEo WITH YOUR APPLICATIO~I FORNS TO TII'E L~OARD OF ~-P__._.~ALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is ans~ered to any questions below, please be sure to depict ~hese areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? 2.a) Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) *b) Are there any areas open to a waterway without bulkhead? 2. Are there existing structures at or below ground level such as patios, foundations, etc? ' 4. Are the~e any existing or proposed fences, concrete barriers, decks, etc? ~. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State ~otal: ft. 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground~l? State ~otal: ft. 7. Are there other premises under your ownership abutting this parcel? If.yes, please submit co. py of deed. .. 8. Are there any building permits pending on this parcel : {or abutting land under your ownership,oif any)? State Permit # and Nature; Yes 0 Yes ~.~ Yes Yes Yes Yes 9. Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning. Board · Town Board Town Trdstees County Health Department Village' df Greenport N.Y.S.D.E.C. Other Is premises pending a sale or conveyance? If yes, please submit copy of names or purcha'~ers '' and conditions of sale.(from contract). ll. Is new construction proposed in the area Of contours at 5 feet or less as exists? ,- . 12; If new construction is proposed in an area within 75 feet of wetland grasses, or land area at 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 ~ondu~ted upon the subject prgperty at this time .~' ~__~ ~$~- and proposed · Please submit photographs for the record. I certify that the above statements are true and are being submitted reliance by the Board of Appeals in cnn~dering my application Agenc) 10. Yes i~ " Yes " yes Yes (~ for § 97-13 WETLANDS § 97-13 TOWN ..2 The Town of Southo]d. TRUSTEES __ Tho Bonrd of Trustees of the Town of Seat.hold. [Added 6-5-84 by L.L. No. WETLANDS [Amended 8-20-70 by L.L. No. 2-1976; 3-20- ' 85 by L.L. No. 6-1985]: · A. TIDAL%VETLANDS: (I) All lands generally covered'or 'nterm~ttently cov- ered with, or which border on, tidal waters, orqands lying bencat~i tklal waters, which at. mcan low title 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 Iow lying lands subject, to tidal action: (2) All banks, bog's, meadows, flats anti tidal 'marsh : subject to such tides and upon which grows or may grow some or any. of the following': salt hay, black grass, saltworts, sen'lavender, Iai cordgra~s, high bush. cattails, groundsel, marshmallow and low march cordgrass: and/or (3) All land immediately adjacent to a tidal wctl:md :ts defined in Subsection Al2) and lying within seven- ty-fi;'e (75) feet hmdward of the nmat kmdw:d-d edge of such a tidal wetland. FREStlWATER WETLA N (1) 'Freshwater wet ands" as defined in Article 2.1, tlc 1, § 2-1-0107, Subdivisions l(a) to lid) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immedhaely adjacent to a "freshwater wet- land," ' in Sul seenon as defined Il(1) and lying with. in seventy-five (75) feet landward of tire most land. u'trdedgeofa,,t. , 9705 ' Office'Lo'cation: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 August 10, 2006 Mr. George W. Bornschein 560 Oak Street Cutchogue, NY 1 1935 Re: ZBA File # 3'738 - G. Bornschein (1988) Dear Mr. Bornschein: Our department is in receipt of your letter and your inquiry as to whether or not the variances granted with conditions under Appeal No. 3838 are currently in effect for the purpose of applying for a building permit. You state that the construction was delayed, and are planning to apply soon for a building permit to build the same additions. You have also confirmed that the height of the second floor addition is proposed at a maximum of 26 feet to the top of the ridge, that the same two corners will be squared off at the rear of the house the match the new second-floor, that the rear of the existing garage will be extended by a maximum of 3'10" to meet the front of the house, and that the conditions are being complied with. In reliance on the above, and conformity to the conditions of the August 18, 1988 Variance, this will confirm that there is no time limitation to apply for a building permit, and variances go with the land. The conditional approval is therefore still in effect for the purpose of submitting architectural and other certifications required by the Building Department in the building permit review Page 2 -August 10, 2006 Mr. George W. Bornschein Re: ZBA # 3738 (1988 Determination) process. A copy of this reply will be furnished to the Building Department for their records. Sincerely yours, Ruth D. Oliva Chairwoman JUL ~ I ~006 i George W Bornschein 560 Oak St. Cutchogue, New York 11935 Ms. Ruth D Oliva, Chairwoman/Member Board of Appeals, Town Of Southold Dear Ms. Oliva, At Mrs. Linda Kowalski's suggestion I am writing to you to confirm that Variance #3738 granted on Aug. 18, 1988, copy attached, is still in effect. We have delayed acting on this variance until now because of family responsibilities. The variance application requested permission to square off the rear of the existing house, add a second floor, and extend the rear of the existing garage by 3'-10' to meet the front of the house. All of the above referenced requests were granted with the following provisions as noted in items 1-4, page 3 of the attached: two doors at the rear of the garage having a total width of 6'-0", no additional construction or saturation beyond further additions permitted on an upper story, and no further front yard encroachment. At a recent visit to the Southold Town Building Dept. I was advised by a staff member that I would need further variances to do what I assumed was granted by the Board of Appeals decision back in 1988. Back then I was informed that a Building Permit had a life of 18 months but the variance went with the property. I can assure you that a "box" of a second floor will not be built. I envision a "Cape Cod" type second floor roof line with dormers on the front and rear of the house having a total height of 25-26 ft. to the ridge. Please confirm whether we can proceed for a Building Permit without the need for another variance application and if the variance is "grandfathered". Your assistance in this matter will be greatly appreciated. Yours truly, ~org2~/W~ Bornschein YOWN OF SOUTHoLD, N&'W YORK APPEAL FROM DECISI( BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (We)6e.e~. ~R.~L..~....G.o~.c.~/.~f . ~2.~ Name of Appellant .................. Strut a~ Nu~r ....... ~.e.~. H~.e~.C,~ ....................... ~j.~.~f.~. ...... H~.~ey ~.~L ~o Municipali~ State THE ZQNING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ' APPLICATION FOR PERMIT NO. DATED .................................. WHEREBY THE BUILDING INSPECTOR DENIED TO Klome of Applicant for permit of ,~.&o .O.A Cd c c~ E ................ ~...S..~.. ......... .T.., .~/~.. ~.p... ......... ~ ..................... Street and Number Municipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .................. '~- ", ........ ..~........~..~..{~../..~.. ........ Street /Hamlet / Use District on Zoning Map DistrJct 1000 Secti0n/.~ Blocl~/ L0t~/~ Current. Owner ~ .~ /~/.~ cid Mop No. ~'(c> Lot No.~.~//A~-Prfor Owner. ~-I; 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 Ordlnance.) Article ~ Section IOO-:~1 ) /~.'r:. ~'T', 5~' I1~. 2.$ /IIRT. ~32..~:C. ~'~.1~ 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) ~ A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Consl Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (13~3. (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for o variance and was mode in Appeal No ................................. Dated ...................................................................... ( ) (~) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becau.~ - CHARACTER OF THE.DISTRiCT because 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because The Variance would observe the spirit of the Ordinance ond WOULD NOT CHANGE THE STATE OF NEW YORK COUNTY OF Sworn to this .............................................. day of ................................. 19 $outhold Town Board o£ 4ppeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 APPEALS BOARD MEMBERS GERARD p. GOEHRINGER, CHAIRMAN CHARLES CRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H, SAWICKI ACTION OF THE BOARD OF APPEALS JUL 2 ! Z006 ;-1809 Application of GEORGE BORNSCR~TN for Variances to the Zoning Ordinance, Article III, Section 100-31 for permission to extend garage located in the frontyard area and attach same to existing dwelling, and to construct additions to square off rear of dwelling in excess of maximum-permitted lot coverage requirement, at premises known as 560: Oak Street, Cutchogue, NY; Lot #24 and one-half of #25, Map of Eugene Heights; County Tax Map Parcel No. 1000-136-1-44. WHEREAS, a public hearing was held and concluded on July 14, 1988 in the Matter of the Application of GEORG£ BORNSCHEIN under Appeal No. 3738; and WHEREAs, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant requests Variances from Article III, Section 100-31 of the Zoning Code for permission to (a) extend garage and attach same to existing dwelling, which by becoming part of the principal structure will not meet the required frontyard setback, lot coverage and sideyards for a principal structure in this zone district; (b) construct additions to square off rear of dwelling, which will not meet the limited 20% lot-coverage requirement for all construction. 2. The subject premises contains a total area of approxi- mately .10 of an acre, with 37.5 ft. frontage along the east side of Oak Street, lot depth of 98.6 feet, and frontage along the ordinary highwater mark of Eugene's Creek. ~. of GEORGE BORNSCHEIN ~¢ision Rendered August 18, 1988 3. This property is identified on the Suffolk County Tax Maps as District 1000, Section 136, Block 1, Lot 44, is referred to as Lot #24 and part of ~25 on the Map of Eugene Heights, Cutchogue, and is improved with a single-family, one-story dwelling structure and accessory garage, all as shown on the survey .prepared July 6, 1979, by Roderick VanTuyl, P.C. 4. The following information has been furnished by the property owner for the record: (a) square footage of lot: 3638 sq. ft; (b) square footage of existing buildings and deck 1423 sq. ft.; (c) percentage of lot coverage proposed 39.1 percent; (d) square footage of proposed additions, garage 42 sq. ft., house 93 feet; total 135 feet; (e) percentage of proposed and existing lot coverage 42.8%. 5. Town records also show the following dimensions of existing construction: (a) main building 528 sq. ft.; 7 x 15' extension 105 sq. ft.; garage 16 x 14' - 224 sq. ft. (see assessors property record card}. 6. The accessory garage structure is presently located in the frontyard area with a setback of 1.5 feet from its nearest point with the front property line. The main dwelling structure is set back 22 feet from its closest corner to the front property line, 3 feet from the south side property line, 9 feet to the northerly side property line, and approximately 15 feet to the concrete wall (and 39.5+- feet from the ordinary highwater line as shown on the July 6, 1979 survey map). 7. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a maximum lot coverage of all buildings to be 20 percent, requires a minimum frontyard setback at 35 feet or the average of the established within 300 feet on the same block and same side of the street and minimum sideyards at 10 and 15 feet. ' 8. It is the opinion of the Board that the premises is substantially nonconforming in these respects as exists today; however the variances requested in relation thereto are not substantial. The Board agrees that the applicant's requests are the minimal necessary to afford relief under the circumstances. 9. In considering this appeal, the Board also finds and determines: (a) the practical difficulties are sufficient; appl. No. 3738 ~£ of GEORGE BORNSCHEIN ~cision Rendered August 18, 1988 (b) the property is unique as to its substandard size and limited front and rear yard areas; (d) there is no alternative available for appellants to pursue; (d) the relief will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (e) in considering all the above factors, the interests of justice will be served by granting the relief, as applied and further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3738 in the Matter of the Application of GEORGE BORNSCHEIN for the attachment and extension of the accessory garage to the principal dwelling, and squaring off of the corners of the dwelling, as submitted to this Board, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Two doors, of a size three ft. wide each, or larger, be placed within the easterly wall of the garage; 2. No further additional construction or saturation; 3. Any further additions shall be permitted if they are at an upper story and not extending past the building; 4. No further frontyard encroachment for any additional construction in any manner. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk RECEIVED AND FILED BY SOUT OiD TOWN CUmK T____own Clerk, Town of Southo]d GERARD P. GOEHRINGER ~ CHAIRMAN'