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HomeMy WebLinkAbout3527 · $o ld Town Board orA eals ACTION OF THE ZONING BOARD OF ~PpEALS Appeal No. 3527 Application Dated June ]3, ]986 TO: Mrs. Patricia C. Moore Law Offices of Rudolph H. Bruer Attorneys for ROBERT AND CHARLOTTE WISSMAN Main Road Southold, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on JUly 3]; ]986, 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 VarianceS to the Zoning Ordinance Article III , Section 100-31, Bulk Schedule, and Article XI, Section ]00-]]9.2(B) [ ] Request for Application of ROBERT AND CHARLOTTE WISSMAN for Variances to the Zoning Ordinance: (a) Article III, Section lO0-31, Bulk Schedule for location of new single-family dwelling with reduced sideyards, front- yard, and rearyard setbacks; and (b) Article XI, Section lO0-119.2(B) for location of new dwelling with reduced setback from highwater mark at Fordham Canal. Location of Property: 715 Gull Pond Lane, Greenport, NY; County Tax Map Parcel No. 1000-35-04-007.6 (referred to as Lot in prior subdivision records). WHEREAS, a public hearing was in the Matter of the Application of Appeal No. 3527; and held and concluded on July 17, 1986 ROBERT AND CHARLOTTE WISSMAN under WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. The premises in question is located along the east side of Gull Pond Lane distant 637.82 feet from the southeasterly side of Middle (North) Road, in the Hamlet of Greenport, and is iden- tified on the Suffolk County Tax Maps as District 1000, Section 35, Block 04, Lot 007.6. 2. The subject premises consists of a total area of 17,934 sq. ft. with frontage along Gull Pond Lane of 140 feet, more or less, and lot depth of 170 feet. The premises is presently vacant and constructed along the most easterly (rear) property line is a bulkhead of 100 feet, more or less, in length. 3. By this application, appellants request relief from Articles: (a) III, Section 100-31 and Bulk Schedule of the Zoning Code for insufficient setbacks from the rear line at 45 feet, from the front line at 35 feet, and sideyards of 15 feet and 16 feet, (CONTINUED ON PAGE TWO) DATED: Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3527 Matter of ROBERT AND CHARLOTTE WISSMAN Decision Rendered July 31, 1986 total sideyards at 31 feet, and section (B) for an insufficient bulkhead along Fordham Canal. (b) XI, Section 100-119.2, sub- setback at 45 feet' from the existing 4. Column "A-40" of the Zoning Code was used as the basis in the Building Inspector's Notice of Disapproval which requires minimum setbacks at 50 feet in the front yard, 50 feet in the rear yard, 15 and 20 ft. sideyards, and total sideyards 35 feet. 5. Article XI, Section lO0-119.2(B) requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than se~enty-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is greater. 6. It is the position of this board that the applicants be permitted to build in accordance with Column "A" of the Bulk Schedule which pertains to lots having an area of less than 40,000 sq. ft. This parcel contains an area as noted previously of 17,934 sq. ft. The proposed dwelling will be ~ocated in compliance with the requirements of Column "A" for minimum setbacks of 35 ft. front and rear yards, l0 and 15 sideyards, total sideyards 25 feet. 7. Submitted in support of this application indicating that parcels along the east side of Gull improved with structures set back from the bulkhead (a) 42½ ft. - Spitzenberger; (b) 47 ft.-Rauch. is information Pond Lane are as follows: 8. It is the position of this board that a setback of 45 feet from the bulkhead along Fordham Canal is not substantial in view of the established setbacks in this immediate area and the topography of the land in question. In considering this appeal,-the board finds and determines: (a) that sufficient practical difficulties have been shown to warrant the granting of this variance; (b) the circumstances are unique and not shared by all other properties in the neighborhood; (c) there will be no substantial change in the character of the area or detriment to adjoining properties; (d) the relief requested is not substantial; (e) the difficulties cannot be obviated by some method feasible for appellant to pursue other than a variance; (f) the variance will not in turn cause a substantial effect of increased population density or be adverse to the safety, health, welfare, comfort, convenience and order of the town; (g) the interests of justice will best be served by allowing the variances, as applied. Accordingly, on motion by Mr. Doyen, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3527 in the Matter of the Application of ROBERT AND CHARLOTTE WISSMAN BE AND HEREBY IS APPROVED, PROVIDED THERE BE NO FURTHER REDUCTIONS TO LESS THAN THAT REQUESTED ~EREIN. Vote of the Sawicki. (Members resolution was duly Board: Ayes: Messrs. Goehringer, Doyen and Grigonis and Douglass were absent.) This adopted. RECEIVED AND FILED BY TIlE SOI/THOLD TOWN Town Clerk, Town of Southold ~ E-R/~R D P August 12, 1986 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 public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY a~ a Regular Meeting commencing at 7:30 p.m. on THURSDAY, JULY 17, 1986 and as follows: the sion insu NY~ 7:40 Variance to the 7:35 p.m. Appeal No. 3529 ~'PAUL KEL.SCH. Variance to ZoningOrdinance, Article IIt~ Section 100~31 for permis- to construct deck addition to existing dwelling with an fficient rearyard setback~ at 405 Wendy Dri¥~e, Laurel, County Tax Map Parcel No~ 1000-127-08-19. Appeal No. 3526 BRUCE AND SHIRLEY'SIEVERMAN. Zoning Ordinance, Article I~I, Sect%on lO0-31 for permission to construct dec~ addition to existing dwelling and attaching an existing swimm~ngpoo], leaving an insufficient setback from the sou.therly' (s~.de). ..... ' property line on this corner lot. Loc-ation of Property: 50 Aquaview Avenue andkRocky Point .Road, East-M~rion, NY~ County Tax Map Parcel No~ 1000~21~3-1. 7:45 p.m. Appeal ~o. 3528 RICHARD AND ALICE McMANUS. Variance to the Zoning Drdinance~ Article III, -Section ~00-31 and Section 100-1312)[B] for approval of the constructi.on of an open porch in excess of 30 ~sq. ft~ ~ area, having an insufficient setback from the fron~ property ~%ne at' 710 Cedar Lane, East Marion, NN; County Tax Map Parcel No. 1000-31-6-5.1. 7:50 p.m. Appeal No~ 3531 ALBERT J~ BRENEISEN. Variance to the Zoning Ordinance~ Article-~I, Section 100-119.2(B) for permission t~ constr~ct pool, deck and fence enclosure within 15 feet of mean high water along Dawn Lagoon, 715 Dawn Drive, East Marion, NY; County ~ax Map Parcel No. 1000-35-~-16~ Cleaves Point Section IIi, Lo-t '#71. - - 7:55 p.m. Appeal No. 3521 ~ ANDREW AND WILLIAM GOODALE. Variance to the Zoning Ordinance~ Article III, Section 100-31 for permission to reduce living area in preexisting, noncon- forming dwelling unit in ~his ~'B-I" General Business Zoning District, to less than 850 sq~ ft-~ Location of Property: Page 2- Notice of H~arlngs .... Southold Town Board of Appeals July 17, 1986 Regular M~eting Z~5 '.~i~ ~o.a~'~.~!e~ NY~ County Tax Map Parcel No. 1000- 122-6-30.1 (or 8:00 p.m. Appeal No. 3523 ~ STEVE KALAIJIAN. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk and Parking Schedule, for approval of insufficient lot area of proposed Parcel No~ 2 in this two-lot division/set-~ff located on the north side of a private right-of-way extending off the north side of Bergen A~enue, Mattituck, NY~ County-Tax Map Parcel No. 1000-1~12~01-18. 8:~ p.m. Appeal No~ 351~ - ROSALIE GOWEN. Variance to reconsider the relief request.ed under Appeal No. 3450 for Variances to the Zon.ing Ord~nance~ Article III, Section lO0-31, Bulk Schedule, for approval of: (1) ~nsufficient lot area, (2) insufficient lot width~ (3) insufficient lot depth, of two parcels as proposed in this pending se.t-off/redi~ision of qand located at-~he-corners of Ze-na Road, Cpt..-~Kidd Drive and Central Drive, Mattituck~ NY; Cpt. Kidd's Estates Filed Map #1672, Lots 134, 153, 154;-~ County Tax Map Parcel No. 1000=106~02~32 and 43. 8:15 p.m. Appeal No~ 3522 - NORTH FORK BANCORP.. Variance to the Zoning Ordinance, Article VII, Section 100-7-0(C)[2] for permission to install: (1) large 6n~pr~mises~identification sign in excess of the maximum height and width requirements, and (2) second on-premises identification/directory sign, at premises known as 9025 Main Road, Mattituck, NY~ County Tax Map Parcel No. 1000-12216-020. zoning District: "B-Light Business.  8:20 p.m. Appeal No. 3527 -'ROBERT_AND_ CHARLOTT WISSMAN_.~x~ ariances to the Zoning Ordinance: (a) Article III, Section 00-31, Bulk Schedul6~T for location of new single-family / well'ing with reduced sideyards, ~rontyard, and?ea~yard,]'- etbacks; .and (b~ Article XI~iSecti'6n~lOO~ll9.2(B).for ocation of new dwel-ting with. reduced setback from highwater ark atlFordham Canal. Location of Property: 715 Gull Pond \ Lane, Greenport,. NY, ~unty Tax Map No. 1000-35~04-007.6 (referred to as Lot "C' in prior subdivision records). 8:30 p.m. Appeal ~o. 3428 - BERTHA KURCZEWSKI. Variance to the Zoning Ordinance, Article III, Section lOOZ31, Bulk and Parking Schedule, for approval of insufficient area and frontage (lot width) of two parcels in this pending set-off division of land, located at the east side of Depot Lane, Cutchogue, NY; Page 3 - Notice of Hearings Southold Town Board of Appeals July 17, 1986 Regular Meeting County Tax Map Parcels No. 1000-102-02-003 and 025. 8:40 p.m. Appeal No. 3513 - STEPHEN SHILDWITZ. ]Variance to the Zoning Ordinance, Article XI, Section 100-1~9.2(B) for permission to construct condominium complexes within 75 feet of bulkhead and tidal water, at the west side of Sixth Street, Greenport, NY; County. Tax Map Parcel No. 1000~49-01-25.1. Zoning District: "M-Light Multiple.~ (Recessed from June ]9, 9:00 p.m. Appeal No. 3510 - RICHARD AND RUTH ZEIDLER. Variance to locate pool, deck and fencing within 75 feet of bulkhead and tidal water, at 100 McDonald's Crossing, Laurel. (Recessed from June 19, 1986) 986 ) 9:15 p.m. Appeal No 3489 - PAUL LEAR¥ for Reveral of Building Inspector's Decision concerndng property of'FRANK AND M~RY BROPHY, 75 Second Street, New-Suffolk. (Recessed from June 19-~ q986). The Boaffd of Appeals will hear at said time and place all persons or representatives d~iring to be heard in each of the above hearings. Written comments may also be submitted prior to the conclusion of the subject hearin§. For more information, please call 765-1809. Dated: July 2, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN ATTENTION NEWSPAPERS: Please publish THURSDAY, JULY lO, 1986 and forward two affidavits of ~publication on or before 7/[5 to: Board of Appe.~ls, Main Road, Southold, NY 11971. Regular Meeting - July 17, 1986 Copies of the Notice 9f Hearings on or about 7/9/86 to: Howard E. Pachman, Esq. for Brop~h~V Frederick M. Reuss, Jr., Esq, for Lear_~L, 11550-8116 230 Hilton Ave, Hempstead, Mr~ and Mrs. Richard Zeidler, PoO. Box !65, Laurel, NY I1948 Mr. and Mrs° Bertram Walker, Edgemere ?ark, Laurel, NY llg48 Mr. and Mrs. Richard McManus: 95 Webster St, Westbury, NY 11590 Mr. Al~bert J. Breneisen~ 7]5 Dawn Drive, East Ma?on, N. l~g39 ~ostel~'6 Marine Contracting as agent~ P.O. Box AK, Greenport l l9Z~4 Mr. a~-Mrs~ Bruce SieYerm~n, 50 Aq~a~ew Ave~ East Marion 119~9 Andrew Gooda~e, Esq., Box 146~ Ne~ Suffolk 11956 Mr. and Mrs. Paul Ke]sch, Box 4tl, Laurel, NY llg48 Mr. Steve Kalaijian, 25-55 222nd St~ Bayside, NY t136l Benro Survey Ltd., Attn: Christopher Henn, ~21 Eddy Dr, Dix .Hills as agent for Mr. Kalaijian NY 11746 StepbeD~R. Ahgel, Esq. f6r Mr. Shilowitz, Box 108, East Main Street, Riverhead, NY ~19~1 Mr. and Mrs. Robert W. Strong, 106"7 Roselie PI.~ ~oodmere, NY 11598 ~pposin~ S.hilowit_ z_a.pplication Wickham, Wickham & 8ressler~ P.C., Attn: Ellen Urbanski Main Road, Box 1424, Mattituck~ NY 11952 for Mrs. Kurczewski Rudolph H. Bruer, Esq., Attn: Pat Moore~ Main Road~ Southold~ NY il971 for Mr. and Mrs. Wissman Wickham~ Wickham & Bressier, ?.C. for__N°rth For'k Bancorp. and R. Gowen Main Road, Box 1424~ Mattituck, NY ~1952 Posted on Town Clerk and ZBA Bulletin Boards 7/I0/86 Copies to ZBA Members, Town Board and Planning Board Copies to Building Depar~men~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL . . z.o .5(. . .Co~, coc,,ff_..~ . ~,,c~. . .zY: ./.. for permit to CC~..~7/.~O.{:,~..(2~'~_,~,.-~I~F,-..%5'. .~ ~(~././,P~..~ ............... at County Tax Map No. 1000 Section .O.~.~-".. ..... Block ...O.~:. ..... Lot O~...7.'~... .... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds ~L2./.4-i~../g~7.. ~.O..7~...~.Jj47.~. ..... :~x~..~.~¢~c .~'z~r W~'V~.. ~ ~..,<2~.,. ~./c.L~:. w.~ .--..~/...A ( ....... t-/~a.. ~,~a..~. ',:Z. f~-~¢..~..~'~..~ c .4 .er-<q... ~?.&m'../.?7.z~.. :: o. >,...o..~,..w...:Tzz'z.~...-:. ~Z.~.~.. A:~gz:. .~w.¢.:.. (.o..o..-:..</.5>~....z .~.. . ~. .. .7.~/..'2~.. :..~..~7c. ~.¢~. : (~. Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK JUNI APPFALJ:ROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ............... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Nome of Appellan~ Street and Number Br±gh~vzate:c$ ........................................ N~ ................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION Of THE BUILDING INSPECTOR ON APPLICATION ~l~lT NO ..................................... DATED .....1.~/,.~.~/..8.,5. ................................. WHEREBY THE BUiLDiNG iNSPECTOR DEN 'ro ( X) ( ) ( ) Name of Applicant for permit of .... .1.9j. ,,..C~...~..q~....m;..s. ,e.,, .~..a..s.~ ,,, .~.~gh~ca~e~,s ,,, ,, Z~.,Y .................................................. Street and Number Municipality State PERMIT TO ~ Construct within 75 feet from wetland and Relief frc~ Set PERMIT FOR OCCUPANCY Back requir~ent 1. LOCATION OF THE PROPERTY 715 Gull Pond Lane "A"-40" ~. ; ~, Street Use District on Zoning Mop t Tax Ma . 1000-035-.4-~ ..Curren 0wner Wiss~an Mop No. Lot No, 2. PROVISION (Si 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 XI section 100-llq-? nnw~*~o*~7 vg_~_h~a 75 feet of ;.~t!3nd and ic ect'on 100-3 B 4 3 TyPE~C~ ,~ipepEIAILI ~pe:a'11 ,s moFde ~e~re'~,'~h for (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsectfon 3 4. PREVIOUS APPEAL A previous appeal (~S]~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property, Such appeal was ( I request for a special ~ermit ( ) request for a variance and was made in Appeal No ................................ Dated ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested for the reason that Tb~ proposed house is 50 feet frc~ bulkhead. The lot ~s an undersized'~lot which c~] easily a~c~d~_t~^_th_e~ proposed house in the p~o~x)sed locatioz~.- ........ Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficuJties;'~o~u~nec'es- ;~;~ sary HARDSHIP because the size and shape of the lot requires that the proposed dwelling be less than 50 feet from the street (Gull Pond Lane), ~nd less than the required side yard set back.. Inorder to place the proposed house ~n the logical location the appellants must request relief frc~ this board. Without the variance th~lot will become unbuildable and useless. 2. The hardship created is UNIQUE and is not shored by aH groperties alike in the mmediate vicinity of this property and in this use district beoause Appellants have approval for construction within 75 feet of wetland from Southold Board of Trustees, and due to the size of the lot the hardship is unique. The proposed dwelling must be placed in proposed location inorder to accc~aodate existing sanitary syst~. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE CHARACTER OF THE DISTRICT because The requested variance will not change the character of the district since appellants property and other properties in the area were built on substandard lots. THE STATE OF NEW YORK ) ) COUNTY OF ~U/~'6t/--j~-) SS Sworn to this ....... ~. day of .............. ~t~ ........................ 19 ~(~ OWNER FORMER OWNER RES. LAND Tillable Woodland HOUse Plot Total STREET SEAS. YE.? ~/~ IMP. TOTAL .) FARM DATE ~//~ / ~ ~ P~OP;~TY VILLAGE W COMM. CB. MIC$. CArD ACR. ~ TYPE OF BUILDING Mkt.. Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH g/- BULKHEAD TOW'N PROPERTY RECORD bWNER - ~-~, E ET-- -- VI-~LAGE ........ -' ---~-- ~ SUB. - !~ ~:~ .,:. ~ - FO~ER OWNER~ ~ ~o~ I ~ E ACR. - S W ~PE OF BUILDING R~. S~S. VL ~ / ~ ,, FA~ CO~. CB. MJb. Mkt.' Value ~ND~ ~..IMP' TOTAL , ~ DATE R~RKS · ~ . W~IoM FRONTAGE ON ROAD M~ DEPTH H~ ~t ~. BULKHEAD __ __::. , : ~ To~I COLOR TRiM ~Exte~sio~ i Extension ! Exten~on Po~h !Breezeway !Garage iPatio Total Basement F. xt. Walls Fire Place Type Roof J~ecreation Room Dormer Bath FJoors interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Drivewoy Dinette LR. FiN; B i 6W~E~-- = - '- FORM.ER OWNER LAND RES. J.S~S. VL J IMP. TOTAL LOT FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD /,fo i :~'~.-*~._, *' TOW'~ OF $OUTHOLD PROPERTY I~EC'O--R-D CARD · OWNER -. STREET VILLAGE DIST. SUB.( FOmER OWNER ~*Z ,3/~ E ACE. 'd~/~ (~ ~ ~ , S , W WPE OF BUILDING ~ND ' IMP. TOTAL DATE R~RKS ~ ~ ' BUILDIN~ CONDiTiON~7~'/~} N~ NOeL BELOW ABOVE~ ~,' FA~ Acre V. luePerAcre V°lue , ~ ~ ~V Tilloble . 1 ,~ ~. .,Swampland ' FRONTAGE ON WATER -~>~ ~rushl~nd~ FRONTAGE~ ON ROAD ~O~ , ~' , ~ouse Plot DEPTH ~ ' ' · BULKH~D - ~-- -= Fotol DOCK COLOR M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio Total '/, 4'o ,t Foundation Ext. Wails Fire Place Type Roof Recreation Room '~t Ill Both Floors Interior Finish Heat ~,ooms 1st Floor Rooms 2nd Floor Driveway Dinette J K, LR. DR. BR. FIN. B TOWN OWNER FORMER' OWNER STREET VI LL~GE E Ca.., a / W N $ TYPE OF BUILDING !~a~ o s~. . VL. LAND IMp. j TOTAL FARM DATE v LOT I FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD CO~OR ~//Fe Extension ~e~sJon porCh Porch Breezeway Gorage Patio Total Foundation Bosert~nt Ext. Fire Place TyI~ Roof ~.n/c Recreation Room Dor~r Yf ~' w m :~"' ",.~..interior F~nlsh Heat Rooms 1st Floor Rooms 2nd Driveway Southoid Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINOER, CHAIRMAN CHARLES ORIGONIS, JR. SERGE DOYEN, JR. ~0BERT J. DOUGLASS JOSEPH H. SAWlCKI Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to.the Suffolk County Planning Commission: ×× Variance f~om the Zoninq Code..Article ~I _ SectionlOO-31,Bulk Schedule ~nd Article XI, Section 100-119.2 (B) Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section Special Permit Appeal No.':3527 Applicant:Robert and Charlotte Wissman Location of Affected Land:715 Gull Pond Lane, Greenport, County Tax Map Item No.: 1000- 35-04-007.6 Within 500 feet of: xX NY Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owned State or Federal Park or Land 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, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission ~ for locat±on of new slnqle- with reduced setback from highwater mark at Fordham Canal. Copies of Town file and related documents enclosed for your review. Dated:August 14~ 1986 Secretary, Board ~--~-ppeals Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L,I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOERRINGER, CHAIRMAN CHARLES GRIGONI$,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H.$AWlCKI August 12, 1986 Mrs. Patricia C. Moore Law Offices of Rudolph Main Road Southold, NY 11971 H. Bruer Re: Appeal No. 3527 Robert and Charlotte Wissman (Variances) Dear Pat: Attached hereto is a copy of the official findings and determination recently rendeKed and filed this date with the Office of the Clerk c.oncerning the above matter. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construction, in writing, or other documents as may be applicable. If this application involves a pending subdivision or site plan, Please return to the Planning Board for further processing by their office. Please do not hesitate ~o 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 Planning Board Suffolk· County Planning GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Commission FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · 7. i ~.. ~ ~.~.. ~. (~.~ '~ V~ASE TAKE NOT~CE that your application dated .. ~ ~...% ~ ......... , m .~ for pemit to C~ ~~...~ ~..ff&~l.~..~ ~ ..... at ~ ~. . ~ ..~t .~.~U...G. County Tax Map No. 1000 Section .............. uJOC~ ........... Subdivi~on ................. Filed Map No ................. ~t NO .................. is returned he.with and disapproved on the foUow~g grounds .~..~~. ~.~3 :.....~.. .... ...... .......... '~~~ .................... RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N Y. Robert and Charlotte APPEAL NO. DATE 2/j~/86 I, (We).~iaamar~ .............................................. of ...1O.4...C.a~co~s.~..~as.~ ............................. Nome of Appellant Street and Number Brightwaters N.Y. ....................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR ;IbT~l~,~Ym~. BUILDING PERMIT DATED 11/.25/85 WHEREBY THE BUILDING INSPECTOR DENIED TO (YJ ( ) (X) RD J3 ERT...WTS S/4A]/ ............................................... Name of Applicant for permit of 1 .O.4~ ...C9 Aq P.~ ~ A~.. ~ ~.~.~.,... B.r.i.~[h .~.~ ~.~ ~.~., ... ~. ,.~(., ...................................... Street and Number Municipality State PERMIT TO L,33~ CONSTRUCT PERMIT FOR OCCUPANCY RELIEF from Appeal No. 2006 {. LOCATION OF THE PROPERTY 715 Gull Pond La. "A'-Res./Agri. Street Use District on Zoning Map Tax Ma~: 1000-035-4-6 Mop No. Lot No. 2 FROVISION (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.) N/A 3. TYPE OF APPEAL Appeal is made herewith for 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 X ) RELIEF from Appeal NO. 2006 4 PREVIOUS APPEAL A previous appeal (~ (has not) been made with respect to this decision of the Building inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance (×) A request for a determination by the ZBA of on Appellants' ~ro~perty by Appeal #2006. is requested-for the reason A restriction was placed vents Appellants the ZBA. conditions placed on this property by Appeal #2006, which pre- from building a residence without prior approval of FaITh ZBI - SEE ATTACHED LETTER - (Continue on other side) I~EASON FOR APPEAL Continued 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because - SEE ATTACHED LETTER 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 - SEE ATTACHED LETTER - 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CtiARACTER OF THE DISTRICT because - SEE ATTACHED LETTER - STATE OF NEW YORK ) ) ss ........................ /./.. ........................................ COUNTY OF SUFFOLK ) Signature Rudolph H. Bruer, Attorney for Appellants Sworn to this 26th day of ...... ~X February; 19 86 ................. ,~. ?~. ,~,~,%.. P ui;ii; ............................. February 26 , 1986 Gerard P. Goehringer, Chairman Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Wissman, Robert and Charlotte Premises: Gull Pond La., Greenport, N.Y. Dear Mr. Goehringer: By this letter, Appellants, Robert and Charlotte Wissman, wish to seek relief from conditions placed on Appellants' property by prior Appeal No. 2006 (attached hereto). The facts have substantially changed since February 27, 1975, when conditions were placed on Appellants' property, to wit: 1. The Suffolk County Health Department has approved the installation and use of cesspool facilities on the property in question. Therefore, the Suffolk County Health Department has reversed their previous opinion on the development of this property by approving the installation of the sanitary facilities. 2. In addition to sanitary facilities, Town water facilities are available for Appellants' proposed residence as is shown on survey dated December 9, 1980, by Roderick Van Tuyl, P.C. (attached hereto). 3. The New York State Department of Environmental Conservation has authorized the construction of a bulkhead on Appellants' property. Upon issuance .of bulkhead permit #TWI5275-0154PW, the D.E.C. determined that the bulkhead would "not substantially change the scope of the permitted actions or the existing permit conditions." Therefore, the D.E.C.concluded that this lot can maintain improvements without substantially affecting the environment. 4. Upon inspection of Appellants' property, the Zoning Board of Appeals will find the property in question substantially similar the surrounding lots fronting Gull Pond, Fordham Canal and Dawn Lagoon. to G. P. Goehringer -2- February 26, 1986 5. The Town has permitted the construction of a residence on a lot adjacent to Appellants' property, therefore finding that the lots created by Appeal Nos. 1954 and 2006 can sustain residential development. 6. Finally, Appellants have requested an engineer's foundation report to assure both themselves and the Town that their lot will support the proposed structure. Sincerely, Patricia C. Moore Legal Assistant PCM/df Encs. LEFFERT~P. EDSON RUDDLPHH. BRUER June 18, 1986 Southold Town zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Att: Linda Kowalski, Secretary Re: Wissman, Robert and Charlotte Premises: Gull Pond La., Greenport, Dear Linda: Enclosed please find Amended Notice to Adjacent Property Owner and site plan in the above matter. Please note that the front yard setback requested will be 35 feet, addition to side and back yard setbacks as shown on enclosed site plan. Thank you for all your help. in Very Truly Yours, Patricia C. Moore Legal Assistant PCM/df Encs. held ~'1 at thi: Main ] 7:~0 PAUL the' sion ~ t0 sufficient 405 7:40 BRUCE AND"/SHIRLEY' SIEV.E, RMAN. Va~ian~ tO th~ Zoni6g O~din'anCe,~ ~cl~ 'l I I,~ Section 100-31' for I~i'n/im6nio COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Trave~r-Watchman once each week for ........................... weeks successively, commencing on the ..... construct deck addition m ¢x; Sworn to before me this .......... /c? day of isting dwelling and iltt~¢hin8 ~ ~ 8:30 p.m.'Ap~ N~ ~2~ ~isting swimming ~ol leavin$" ~ ff&~. an insufficient s~b~ck fmmth~ ~ 1 9 BERTHA KUR~EWSKI. souther y (side) pro~y ine 0~ n.m .~. ~. · ~,~_~ ..... ~ .... , ..... Variance to the ~nin80~- . ~ ~,~ pm ~ ,,o. .... - dinance, A~icle 11I, S~tion this corner' I~t ~cat~on of,~ ~ ..... -.-~ .. · . , ~ , ,.~ 100-31, Bulk and Parking Pro~rty: 50 Aqua~ A~nu~~ ~ ......... ,)~_~ ~mlnanc¢~rtl- Sch~ul~ for app~ of i~uf- Marion. NV; County %, ~~;~ ¢~ .~. '..¢. ) . -- -- ~__ ficient ar~ ~d 'fmnta$, Parcel N~ ~21--~'l;:,;ir~f~~ ~: 9~' '~ ff~ ~ width)oft~~ 7:4j p.m Appeal N~ ~ ~'~ otar ub i HARD ..AND .6- ' ' mcmA~u~., van~ t~ '. · ~ · ' BAR ..... ~,:. ~~: this t ~ndlns ,set, BA~ FORBES Tax Map" paicelt No, ~n[n8 u~m~c~ ~C~f2~ivis~on of, ~d l~at~ at.', Not~g Public S~ of New York 1~102~2~ ~nd 02~. : Secnon I~-~1 ~d' S~et~:-~me~of~~ 8 ~ad Capt: No. ~ 8:~ p.m. Ap~al No lffiq~(2)[B] for appm}~', Ki~ Ori~ ~d ~ntral Drive., qualified in Suffolk ~unt~ STEPH~N ~ SHILOWI~Z; constructionin excess of ~o°f sq.an fi. in Es~t~M~timck'. NY; Capt.N~Kidd's1672~ ~mmls~ion Explrea ~ ~/ 19 ~ dinanc~ A~iclc XL ~io~ havin8 ~' insufficim ~ ~ 1ffi-llg.2(B) for ~rmissio~ from the from pro~ 710 Ccd~ ~n~ constru~ co~ominium co~ NY; ~u~y ~ Map ~1 ~ pl~cs within 1~-~1-6-5.1. bulkh~ and ti~ wa~r, 7:50 .p.m. Ap~al N~ 3 FORK w~t sj~ of S~th S~ ALBERT L the ~rt, NY; County ~ Map Variance m ~e VII, '~i~ l~l,~J~- dinan~ lng D~ffi~: 5'M-~ M~ 1ffi-119.2 ~- ~' (~ from ~nstruct a in I~). , '~ .' ~ -- enclosu~ wit~ 7 hei~ ~ p.m. &~ high ~dO).. RICHARD AND RUTH 715 Dawn Drive ideB~flo- ZEIDLER. V~ to at p~lam ~1, d~k, ~d f~d~ within 1~-35-5-16; Cl~v~l ~$~n ~dl 75 f~t of bulk~ ~d ~d~ tion II1, ~ ~. ~ i~ 7:55 p.m. Ap~al ing ~L ~ f~m Ju~ ANDREW AND riot: '.'B-Light 19, 19~). . GOODALE. 9:15 p.m..A~ No ~ning P~L L~ for ~ of S~tion I~M Bul~lng Ina~or's redu~ riving a~ in ~ ~y of E ~D MA~ BROPHY, 75 . this "B-I" Gen~ ~ond S~, N~ Suffolt. ~ni~ Distil, to~ (~ from J~e 19, I~).. sq. ft. ~fion of i ~e Bo~ of Ap~ 7655 Main g~ad, hear at ~d'~ ~ ~o~ or ~fl~ ina to ~ h~ In ~ of the- g:~ p.m. a~ve h~i~. Wfltt~ ~mx STEVE .' . KALAIJIA~ men~ my ~ Variant, prior ~ the mndmi~ of t~ dinan~ ~ subj~ ~. ~ m~ 100-M mation, pl~ ~ 7~1~ Dat~: Julys2,. 19~ '~' ' BY O~ER OF ~1 Na 2 SOUTHOLD ~N. ~tel$ HEREBYI~IVF.,N, Town ~w ~d ~e C~ Town of ~uthold[~e f~wing public he~in~ ~ii] ~ld by the SO~HO~ ~WN BOARD OF'APPEA~ at Southold Town ~l!, Seuthold, NY at a lng commencing a{ 7:30 p.m. on THURSDAY, JULY l~, and as follows: 7:35 p.m. Ap~al No. 3529 - PAUL KETCH, Variance Variance to the Zoning Ordi- nance, Article VII, Section 10O- 70(C)[2l for permi~ion to in~tall: (1) large on-premises identifica- tion sign in excess of the maximum height and width re- quirements, and (2) second on- premises identification/directory sign, at premises known as 9025 Main Road, Mattituck, NY; the Zoning Ordinance, Article County Tax Map Parcel No. Ill, Section 100-31 for permisa/~ad 1000-122-6-020. Zoning District to construct deck addition "t~ "~-Light Business." existingdwe]lingw/thaninsuffi. ~ ~ 8:20 p.m. Appea NO. 3527 - cient rearyard s~ck, at ~0~ l ROBERT AND CHARLOTTE Wendy Drive, Laurel, IqY;~ {WI~MAN. Variances to the County Tax Map Parcel NO, · ~Zoning Ordihance: (al Article III, 1000-127-08-19. . ' . /~cion 100.31, Bulk Schedule 7:40 p.m. Appeal No. ~5~t. for~lseationofnewisingle.family BRUCE AND SHII~A~'-~'~ ~ffw~/ng with reduced sideyarde, SIEVERMAN. V~ianco to tl~ ]froutyard, and rearyard set- Zoning Ordinnac~r!brti~le HI, [backs; and (bi Article XI, Sectiov~ ~ Sect/on 100-31 for pe~°~ ~o [100-119.2(B) for location of new~ construct deck addition ~o ~! dwelling with eedueed setback ing dwelling and attachtng~'s'~~ from highwator mark at For- existing swimming pool, l~a~ dham Canal. Location of Prop- an insufficient setback from th~ astyi715Gull PondLane Green- southerly (side) property linc'on pert, NY; County Tax Map No I this corner lot. Leeatlon 0f Prup- 1000-35-044)07.6 (referred to la°; arty: 50 Aquaview Avenue and Lot '~" in prior subdivision re- Rocky Point Road, East Marion~ cor~). / NY; County Tax Map Parcel No. ~- 8:30 p.m. Appeal No. 3428 -_~ 1000-21-3-1 BERTHA KUBCZEWSKL 7:45 p.m. Appeal No. 3528 . .Variance to the Zoning Ordi- RICHARD AND 'ALICE i .~, Article III, Section 100- McMANUS. Variance to the Zoning Ordinance, Article III, Section 100-31 and Section 100- 13(2)[B] for approyal of the con- cess of 30 scI. R. in area~ having an insufficient setback from th~ front property line at 710 Cedar Lane, East Marion, NY; County Tax Map Parcel No. 100041-6- 7:50 p.m. Appeal No. 3531 - ALBERT J. - Variance to th~ ~ aance, Article XI, [~,~tina.100- 119.2(B) for permission, to co~-~ ~truct pool, deck and fence enclo- sure within 75 feet of mean high water along Dawn Lagoon 715 Dawn Drive, East Marion, NY; County Tax Map Parcel No." 1000-35-5-16; Cleaves Point Sec- t/on III, Lot #71. 7:55 p.m. Appeal No. 3521 - ANDREW AND WILLIAM GOODALE, Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to reduce living area in preexisting, nonconforming dwelling unit in this "B-I" General Business Zon- ing District, to less than 850 sq. 1~. Location of Property: 7655 Main Bead, Laurel, NY; County '/"ax Map Parcel No. 1000-122-6- 30.1 (or 30l. 8:00 p.m. Appeal No. 3523 - STEVE KALAIJIAN. Vari- ance to the Zoning Ordinance, Article Iii, Section 100-31, Bulk and Parking Schedule, for ap- proval of insufficient lot area of proposed Parcel No. 2 in this two- lot divislon/set-offlocated on the north side of a private right-of- way e~tending offthe north side of Bergen Avenue, Mattituck; NY; County Tax Map Parcel No. 1000-112-01-18. 8:10 p.m. Appeal No. 3517 - ROSALIE GOYgEN. Variance to reconsider the relief requested under Appeal No. 3450 for Vari- ancee to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of: (Il in- sufficient lot area, (2) insuffi- cient lot width, (3) insufficient lot depth of two parcels as proposed in this pending set-offiredivision of land located at the corners of Zena'Road, Cpi. Kidd Drive and Central Drive, Mattituck, NY; Cpi. Kidd's Estates Filed Map. #1672, Lots 134, 153, 154; County Tax Map Parcel No. 1000-106-02-32 and 43. 31, Bulk and Parking Schedule, for approval of insufficient area and frontage (lot width) of two .l~.cels in this pending set-offd - vmlon of land, located at the east . side of Depot Lane, Cutchegne, NY; County Tax Map Parcels NO. 1000-102-02~003 and 025. 8:40 p.m. Appeal No/ 3513 - STEPHEN SHILOWITZ. Vari- ance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to construct con- dominium complexes within 75 feet of bulkhead and tidal water, at the west side of Sixth Street, Oreenport, NY; County Tax Map Parcel No. 1000-49-01-25.1. Zon- ing District: "M-Light Multiple.' . . See Legals, next page STATE OF NEW YORK COUNTY OF SUFFOLK l'L~ev Ellen ~ce!!y of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, end that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the day of July 19 86 / / / ~ ,~ Surfak ~ ~ ~9860~ ~worn~t~efore me this /~ ' ~ond Street, New Suffolk. ~e- Legal Notices ,~,ed from ~u.e 19, 19~6L - Continued from previous page (Recessed from June 19, 1956). 9:00 p.m. Appeal No. 3510 - RICHARD AND RUTH ZEI- DLER. Variance to local pool, deck and fencing within 75 feet of bulkhead and tidal water, at 100 McDonald's · Crossing, Laurel./Recessed from June 19, 1986l. 9;15 p.m. Appeal No. 3489 - PAUL LEABY for Reversal of Building Inspector's Decision concerning property of FRANK E. AND MARY BROPHY, 75 The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hear- ings. Written comments may also be submitted prior to the conclusion o f the subject hearing' For more information, please call 765-1809. Dated: July 2, 1986. BY ORDER OF THE sOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1TJy10-5301 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 RnAD- STAT£ ROAD 2.~ [3OUTHrlLD, L.I., N.Y. llg?] 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 ~he 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~..~ ~ G~RA~D' P. GOEHR~NGER~~' CHAIRMAN Enclosure Linda.Kowalski Secretary and Board Clerk Page 2 - Town Boa~10/7/86- 9:30 A.M. - Councilman Stoutenburgh informed the Board that the new part- time road inspector does road inspections only. He will not do any paperwork at all. This fact is creating a tremendous overload on the other part-time town engineers. Victor Lessard stated that he asked for an update on a performance bond three weeks ago, and hasn't heard anything due to their backload. Council- man Penny suggested that the Board investigate all of the engineering services being performed by the part-timers and think about the possibility of hiring a full-time engineer in the years ahead. Superintendent of Highways Raymond Jacobs added that the new part-time road inspector is very capable, but that they do need him to do the paperwork also. The Board decided that the first step to be taken will be to sit down and talk to Mr. Whitney. If he doesn't want to do the full job, the Board will have to advertise for resumes again. 9:40 A.M. - Supervisor Murphy stated the contractor for the Senior/ Youth Recreation Center has completed the job and is looking for some money. The/ are asking to be paid 90% of their contract. C0~ncilwoman Cochran stated that there should be a hood over the cooking stove. Victor Lessard said that he would Io0k into the matter. ~9:45 A.M. - Executive Administrator Victor Lessard advised the Board that he has sent a building inspector out to investigate the alleged illegal occupancy of a boathouse located at Gull Pond Lane, East Marion. To date, they have been unable to establish that anyone is occupying the boathouse as a residence. Town Attorney Tasker enlightened the Board on the background of the subject property. Originally, this property was a spoil' area from the dredging of Sterling Creek over twenty (20) years ago. Due to the delicate environmental condition of the property the Suffolk County Health Department banned the use of the property fdr residenti- al dwelling use,at that time. The owners of the property were granted permission to moor a boat and erect a boathouse. The Suffolk County Health Department recently had a turn-around with new criteria. They have given Mr. Wisseman approval for constr~ction of a cesspool. Through the passing of years, the ground has settled and become suitable for residential building. Mr. Lessard stated that the people should be contacted and told either to vacate the premi.ses or legalize them by applying for the necessary permits. 9:55 A.M. - Superintendent of Highways Raymond L. Jacobs met with the Board to give an update on the Kenny's Beach erosion problem. He stated that an additional 6 feet was recently lost. The worst damage is on the west end. He requested permission to have the proeprty surveyed. A Mr. Boyle owns a 100 ft. lot between the town parking lot and Mr. Lockman's property which is continually being undermined. The worst damage is down by this house. Mr. Jacobs also requested that the Board pass a resolution to hire Howard Hancock as his part- time Depu.~/ Superintendent of Highways on Fishers Island. (See Town Board resolution no. 13.) Supervisor Murphy asked for Ray's opinion of the demonstra- tion of the compactor at the landfill by H.O. Penn Co. recently. Supt. Jacobs replied that it was an innovative and necessary piece of equipment for the landfill. Councilman Stoutenburgh questioned as to whether both the compactor and the tub grinder were needed. Supt. Jacobs stated that they definitely were both' needed. Councilman Penny advised that Gary Loesch of H. 2.M will be addressing the compactor in his :final report which we should be rece~v.ng during the middle of October. 10:09 A.M. - Mr. Carl Vail, Sr. presented the Town Board with his plans for a shellfish measuring device gauge which he proposed should be given out with the issuance of all town shellfish permits. This proposed gauge would be approxi- mately 3" x 5" in dimension and would have guides imprinted on it for measuring the minium legal size of clams, scallops, oysters, and crabs. The cost for manu- JUDIllt T. TERRY REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 SOUTHOLD TOWN BOARD OCTOBER 7, 1986 WORK SESSION Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards, Councilman Paul Stoutenburgh, Councilwoman Jean W. Cochran, Councilman George L. Penny IV, Councilman James A. Schondebare, Deputy Town Clerk Elizabeth A. Neville, Town Attorney Robert W. Tasker, Superintendent of Highways Raymond L. Jacobs. 9:00 A.M. - Martin Garrell, Chairman of the Conservation Advisory Council gave an update report on the Council's activities. 9:20 A.M. - Executive Admlnlstrator Victor Lessard met with the Board to discuss the breakdown on the number of square yards for possible replacement of carpeting in Town Hall. He 'submitted four (4) possible plans, described as Alternate Plans A, B, C, &-D. Alternate Plan A was for the complete replacement of all carpeting in the Town Hall, a maximum square yardage of 928 at a maximum cost of $22,000.00 for the top grade commercial carpet, or a minimum cost of $16,700 for the lower grade carpet. Alternate Plan B was for 628 square yards which would only be for replacement of the wrinkled carpet areas. Alternate Plan C would eliminate even more, namely the Building Department and Justice Price's Office. Alternate Plan D would be a partial combination of plans B & C with the addition of the downstairs areas. Councilman Penny questioned as to whether or not this was in this year's budget. Supervisor Murphy stated that it was not,however, he planned to take it out of surplus funds. Councilman Stoutenburgh questioned as to whether or not the existing carpet could be stretched and reglued. Councilwoman Cochran said that she did not think this would be feasible because the backing has already been cracked. The Board concurred that this would not be feasible and would be a great waste of dollars on labor. Councilman Penny stated that he would like an opportunity to take the plans around and inspect the condition of the carpeting in all of the rooms in the Town Hall before making any decision on this matter. Mr. Lessard also discussed his recommendations on the hiring of a building inspector. He stated that he would like to hire Thomas J. Fisher, effective October 16, 1986 (see resolution no. 14). Mr. Lessard also informed the Board that he would like to hire a clerk-typist on a provisional basis for the Building Department. COUNTY OF SUFFOLK Department of Plannin$ 360-5206 Town of Southold Board of Appeals August 19, 1986 Pursuant to the requirements of Sections 1323 Co 1332 of the Suffolk County Charter, the followin$ application(s) which have bean referred to the Suffolk County Plauntn$ Con~tssion are considered to be a matter for local determina- tion. I decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Mtmicipal File Number(s) ~oniel & Lisa Jerome bert & Charlotte Wissman Albert J. Breneisen 3499 3527 3531 Very truly yours, Lee E. Koppelman Director of Planning Chief Planner Southold Town Board of Appeals HAIN ROAD- BTATI= ROAD 25 BOUTHOLD, L.l., N.Y. 11~'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Notice July 17, 1986 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION of Determination of Non-Significance APPEAL NO.: 3527 PROJECT NAME: ~OBERT AND' CHARLOTTE WISSMAN 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: Locate new dwelling with reduced: (1) yards, (2) frontyard, (3} rearyard, (4) setback from highwater. LOCATION OF PROJECT: Town of Southold, County of Suffolk, particularly known as: 715 Gull Pond Lane, Greenpo~t, NY 1000-35-04-007.6 side- more 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) Tka relief requested is a setback variance regulated as provided in Section 617.13 of the State Environmental Quality Review Act, 6 NYCRR. FOR FURTHER INFORMATION, PLEASE CONTACT: Linde Kowal'sRi, 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 on the Town Clerk Bulletin Board. agent and posted RUDOLPH H, BRUER RICHARD F. LARK WILLIAM D. MOORE BRUER AND LARK ATTORNEYS AT [.AW July 23, 1986 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 ATT: Gerard GoehriDger, Chairman RE: Wissmann Dear Mr. Goehringer: At your request, Mr. Wissmann obtained measurements of the distances from the various structures to the high water mark or bulkhead on those parcels created by the Zoning Board in 1975 of which Mr. Wissmann's parcel is one. The parcel to the north of Mr. Wissmann's, which is owned by the Spitzenberger's, is 42' 06" from the dwelling to the bulkhead. The Wissmann piece, as proposed, would be 45' from the dwelling to the bulkhead. The adjoining parcel to the south has a structure on it which is 47' from the structure to the bulkhead. The most southerly piece has a structure which is 36' 6" from the bulkhead. The average distance from the structure to the bulk- head on these four parcels is 42.75', with Mr. and Mrs. Wissmann's proposed dwelling to be 45' from the bulkhead. We respectfully request that you grant the variances requested by Mr. and Mrs. Wissmann. Very 'truly yours, WDM/skf cc: Mr. and Mrs. Wissmann JUDITH T. TERRY TOWN CLFRK REGISTRAR OF ¥1TAL ~TATISTIC$ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 13, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk ~ansmitted herewith is Zoning Appeal No. 3527 application submitted by Patricia Moore of Edson and Bruer for Robert and Charlotte Wissman for a variance. Also included are accompanying transmittal from Patricia papers as outlined in the letter of Moore, dated June 9, 1986. Judith T. Terry Southold Town Clerk June 9, 1986 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Att: Linda Kowalski, Secretary Re: Wissman, Robert and Charlotte Premises: Gull Pond La., Greenport, N.Yo Dear Linda: Enclosed please find Appeal Application, Notice of Disapproval, Notice to Adjacent Property Owners, and Short Environmental Assessment Form. Please refer to Wissman file on Appeal No. 3476 for copy of current deed and other information. Please schedule this matter for the earliest possible date. Very Truly Yours, Patricia C. Moore Legal Assistant PCM/df Encs. P.S. Filing fee also $75.00. enclosed, by way of our check in the sum of 1~4~ARD OF APPEALS. TOWN OF SOUTHOLD In the Matter o*' the Petition of : ~OBERT & CHARLOTTE WISS~LAN : : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER And hereby incorporating all prior notices YOU ARE HEREBY GIVEN NOTICE: 1. Th~3rf~hejintention of the undersigned to petition the Board of Appeals of the Town of Southold to request a(~¥ari~a~.o')' (Special Exception) (Special Permit) (Other) [circle choice] Relief from Article III~ Section 100-31(B) ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 715 Gull Pond Lane, Greenportt N.Y. 3. That the property which is the subject of such Petition is located in the following zoning district: A-40 Residential/Aqricultural 4. That by such Petition, the undersigned will request the following relief: To build a residence within 45 feet from rear property line. $. That the provisions of the Southold Town Zoning Code applicable to the relief soul,hr by the under- signed are Article III Sectic~ 100.-3! (B) [ ] Section 280-A, New York Town Law for approval 0f access over r~ght(s)-of-wRy. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you ma)' then and there examine the same during regular office hours. (5'16) ?~;5-].809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeats; 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: June 25, 1986 Rudolph H. Bruer B~m~ Atty. for Petitioner 0wners'NameS:Robert & Charlotte Wissma~ Post Offi~:e Address ~ Maln Road, P.O. Box 1466 ~ Southold, N.Y. 1].971 ~ NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS Mr. and Mrs. Helmut Spitzenberger 4 Beau Jol Court Nesconset, N.Y. 11767 R.D. #1, P.O. Box 194 Greenport, N.Y. 11944 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: P.a~tr-icia C..M0are~ . , , residing at 370 Terry Lane · Southolcl. N.Y ~,,; . ,.being duly sworn, deposes and says that on the 2 5th day of Juo~ ,19 8~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed ~o 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- fice at Southold. N,Y.. (certified) (rip--II,mail. Sworn to before me this 25th d~ June , V No~ MARY DIANA FOSTER IIOTARY PUBLIC, State of New York No. 52-4655242, Suffolk County Commission Expires March 30. 19. / ; that said Notices were mailed to each of said persons by ~atricia C. ~oore (This side does not have to be property owners.) completed on form transmitted to adjoining BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of ROBEI~ & CHARLO.-~'~: WISSMAN 1~o the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] RET.TRW ~ AWPTKT.~ y_~ SECTION 100-119.2 c~Dnstructin~ within 75 ). fron wetland , ARIToF.E III Section 100-31 B(4) 2. That the property which js the subiect of the Petition is located adjacent to your property and is des- cribed as follows: 715 Gull Pond Lane, C~reenportr N.Y. 3. That the property which is the subject of such Petition is located in the following zoning district: A£40 Residential/Agricultural 4. That by such Petition, the undersigned will request the following relief: To build one-family dwelling within 75 feet fron wetland (bulkhead). with ...... ~. - ..... on othor cido $. That thc provisions of the Southold Town Zonine Code applicable to the relief sought by the under- signed are Article XI & III Secticn 100-11-9.2 , 100-31B(4) resp~tively~ [ ] Section 280-A, New York Town Law for approval of access over right(si-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the'dateof such hearing in the Suffolk Times and in the Long Island T~aveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you o~ your representative have ~he right to appear and be heard at such hearing. Rudolph H. B:uer ~ Attorney for Petitioner ~ Names: p~r* ~ ~h~rl~ Wi~ Post Office Ad~l~s Road, P.O. Box 1466 IF Southoldr N.Y. 11971 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. & Mrs. Helmut Spitzenberger 4 Beau Jol Court · Nesconset, N.Y. 11767 Sara Rauch & Elaine Nesin STATE OF NEW YORK COUNTY OF SUFFOLK 55.: pa~-ri~'ia c' Mc~re ,residin~at 370 'L~r'z~.Lane - ~,~1 a ~ Ynrk . being duly sworn, depo~ and ~ys that on the ~ ~.'.- day of JnnR ,19 R~ , deponent mailed a tree copy of the Notice-~t fo~ on ve~ side hereof, directed to each of the above-named pe~ons at the address~ set opp~ite thor name; that the addresses set opposite the names of said persons are the addr~ of said ~ons as ~o~ on the current ass~sment roll of the Town of Soulhold; that ~id Notic~ were mailed at the United S/at~ rice at ~,eh~q ~ M~ Ynr~ ; that said Notic~ were mailed to each of ~id ~sons by (certified) (reRistere~) mail. dayot ,~ ',. ~ ~. - ~ - N~ry Public ~ ~ARY DIANA FOSTER - -~ ~A~ PUBLIC. S~ate ~ New York (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition o[ : ~ & Ctt~RLOi.i,~ WISSMAN : to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southotd to request a (Variance) (Special Exception) (Special Permit) (Other) [cirele choice] RRT.Tk'~ ~ AI~'PTf-T.~ '9'~[ $]~-"TT([]~ 100-'119o2 constructirlc. T w±thin 75[ I. frclu wetland , AI~i~CLE III Section 100-31 B(4) 2. That the p_ropert¥ which is the subject of the Petition is located adjacent to your property and~is des- cribed as follows: 715 Gull Pond Lane, C, reenport, N.Y. 3. That the property which is the subject of such Petition is located in the following zoning district: A£40 Residential/Agricultural ~o4. That by such Petition, the undersigned will request the following relief: build one-family dwelling within 75 feet frcxa wetland (bulkhead). with a $. That the provisions of the Southold Town Zonin~z Code applicable to the relief sought by the under4 signed are Article XZ & III Section 100-119.2 , 100-31B(4) re_spectlvely [ ] Section 280-A, New York Town Law for approval of access oYer rtght(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you 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'dateof ~uch hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, new~paper~ published in the Town of Southold and designated for the publication of such notices; that you o~ your representative haee the d~ht to appear and be heard at such hearing. oat.d: --~--miaoipn H. Bruer ~ Attorney for petitioner Names: ~. Post ~fice Ad~ ~d, P.O. ~x 1466 ~ldt N.Y. 11971 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. & Mrs. Helmut Spitzenberger 4 Beau Jol Court Nesconset, N.Y. 11767 Sara Rauch & Elaine Nesin R.D. #1, P.O. Box 194 Greenport, N.Y. 11944 Form 3800 June 1985 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: of Jlln~ , residing at 370 ~/~r-~ T~-me · bein8 duly sworn, depos~ and says that on the ' ?.~. day ,19 8fi , deponent mailed a true copy of the Notice,~t [ort,h on the r~- 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 addresse~ 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- fice at o,~,eh,-q ~ ~,=w vnr~ ; that said Notices were mailed to each of said persons by (certified) (registerec~) mail. Sworn to b~ore me this ~' dayof ~c~//-~-.~.a~ ~,~~ ~ ry Public ~IARY DIANA FOSTER NOTARY PusUC, State of New yolk No 52-4555242, Suffolk County Commission Expires MarCh 30, 19 ~ (This side does not have to property owners.) be completed on form transmitted to adjoining FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .lY: .~ . . . PLEASE TAKE NOTICE that your application dated ..~0.~...~ ~ ....... , 19 .~ ~ ~=~t~o C~uc:.~.~.~Z~ ............... at ~at~o, Or ~,o~tV. g~ ~:. ~a.c.zo~a ............. ~~'. ~ ~. House No. Street Ham/et County Tax Map No. I000 Section .(,¢/.~.~. ' ..... Block ...~..~.. ..... Lot O.C~2.7.,.~.. .... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds ~/~.Z~-~l~./~,~. ~.O?.. (,~,~.~. ..... ~,~..~.~.. ?~.. ~.~~.~~.~,~.~.~ ~ ~ . .~~ .~ ~.~. ~. ~g..~ ....... ~..~. ~. . .~= ...... %... ~.., ........ Buildin~ Inspoctor RV 1/80 (Today" s 0ate) To: Southo!d Town Board of Appeals ' Main Road Southold, NY 11971 Re: Appeal Application of Location of Property:. Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Re'gu~ations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in. the within appeal application: (pl~e check one box) / [ //] ~.lay be located ~ithin 300 feet of tidal wetlands; hc~ever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length. ~ [ .] ~la,y b~ 'located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. ( ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be lochted within 300 feet of tiddi wetlandn; .and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items'(*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (~igaature please) -- NOTE: If proposed project falls witg~in D.E.C. jurisdiction, approval must be received an~ submit66d to our office before your application can be scheduled for a public hearing. pr~rar~r w~l! u~ currently ~v~llobl~ ~o~t$~n con~o~nG tho ~ro~ct and t~ ]:~tly ~ct~ o~ the action, ~ 1~ not e~ectcd thor ~d(Jlt!or.al 3tudlo~, roco~rc~ {b) ~ any ~u~on hl~ been an~.or~d Yo~ ~hn pro~occ ~y ~a at~l~tc~nt ~nd i cc~eted ~v~rc~.,a~tl~ Aaaaa~unt ~o~ ~3 (c) Z~ aZ1 que~t~ono have been an~ered [~o ~: ~ l~koly t~t th~o project :~ (d) rnvtrer.:enta! Assessment l. WX2! project result in a large physical cb~ne~a to th[oPrOJect s~te or phTa~cally aXter more · ~. ~L~ there be a ~Jor change to any ~que or unusual ~an~ ~o~ ~o~d on the a~te? . · W~i project alter or ~va a large eE~occ on an existXng body o~ water?....... W~I project h4ve a potentially large L~ on ~o,~dwater quality? . , . . , . · $, ~1 project ~lflcantlT'effect drainage 6. Will project affect any t~eatened or endangered plant or an~.~l species? . . . · · · 7. W~I project reset In a ~aJor adverse er[oct air quality? · · · . . . . . . . . 8e W~i project have a m~Jor e~fec: on visual c~ kno~ to be ~porcan: Co tho com~unAcy? , . . 9. Will project adver=ely ~pact any site or ute o~ historic, Pro-hAscorice or pal6ontologicul I=portance or any site desi~atod as a critical lO. W~i project h~ve a m~Jor e~oct on oxtot~g or 11. Will project result In ~Jor traffic problems or WIIi project reg~arl7 cause objectionable odor:, W[ll project have a~y i,npact on public hoalth or Safety'~ 1L. WI]1 project g~fcct the existing co.unity by period ~r have a =n Jot n~6a~xve e~cc: on charact~ of the com.~un[.y .r ~4~gh~orhood~. 15. ~o there public contrivers7 ccncernAng thc YQs Tee ~ No ~o Yea Tea No _ : Tea ~)~o Ye~ ~ .. YeN _ ~;;o No Southold Town Board of Appeals MAIN RDAD- E~TATE: RDAD 25 BDUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI June 16, 1986, Mrs. Patricia C. Moore Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 3527 (Variances) - Robert and Charlotte Wissman DearPat: ~<! In the above filed with us on rev!ewtng application riday, it is noted that the Notice ~f Disapproval indicates hat the frontyard setback will require a variance if less han 50 feet; however, the neighbor notice and the appeal pplication does not make reference to the front yard. Before we continue processing this application, please ~]),~ Jconfirm !n writing whether or not you are requesting an J insufficient frontyard setback for the proposed dwelling ~ in addition to the other relief requested, and what the \exact setback requested from its nearest point to th~ front ~property line is. (The surveys do not give the distance either.) Thank you for your cooperation. Please feel free to call if you have questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Receipt Enclosed