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HomeMy WebLinkAbout3457 Southo!d Town Board of App ls r ~ ~ '~ TELEPHONE(516) ~{f-8 ACTION OF THE zONi~G BOARD OF./,A~REALS [t~., Appeal No. 3457 '~/. Application 'Dated January 2], ]986 (Public Hearing 3/]3/86) TO: Mr. Sarrett ^. Strang as [Appellant~)] Agent/Architect for MR. AND MRS. RAkPH STOCK£R 54655 Main Road Southold, NY 11971 At a Meeting of the Zoning Board of Appeals held on April 16, ]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 Variance to the Zoning Ordinance Article III , Section s 100-3] and ]00-]19.2 [ ] Request for X Application of RALPH AND LUCILLE STOCKER for permission to construct new dwelling requiring Variances to the Zoning Ordinance: (1) Article III, Section 100-31, Bulk Schedule, for excessive lot coverage, and (2) Article XI, Section 100-119.2 for reduction in the required setback from bulkhead and tidal waters to less than 75 feet. Location of Property: 1080 Maple Lane (a/k/a 55 Snug Harbor Road), Greenport; Cleaves Point, Section 3, Map #4650, Lot 59; County Tax Map Parcel No. 1000-35-05-28. X WHEREAS, a public hearing was held and 1986 in the Matter of the Application of RALPH under Appeal No. 3457; and concluded on March 13, AND LUCILLE STOCKER WHEREAS, the board familiar with the premises surrounding areas; and members have personally viewed and are in question, its present zoning, and the WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded and transcribed; 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 west side of Maple Lane and north side of Snug Harbor Road, Greenport, is identified on the Suffolk County Tax Maps as District 1000, Section 35, Block 5, Lot 28, and is known and referred to as Subdivision Lot #59, Map of Cleaves Point, Section Three filed June 14, 1966 as File No. 4650. 2. The subject premises consists of a total area of (CONTINUED ON PAGE TWO) DATED: May , 1986. Form ZB4 (rev. 12/81) CHAIPJ~AN, SOUTHOLD TOW/q ZONING BOARD OF APPEkLS Page 2 Appeal No. 3457 Matter of RALPH AND LUCILLE Decision Rendered April 16, STOCKER 1 986 approximately .35 of an acre with frontage along Maple Lane of 50 feet, along Snug Harbor Road of 103.40 feet, and along Dawn Lagoon 64.45 feet. The premises is a corner lot as defined by Section 100-13 of the Zoning Code and is vacant. 3. By this application, appellants request permission to locate a new single-family, 1½-story frame dwelling with attached garage and attached swimmingpool with deck areas with a setback of 15' at its closest point from the existing bulkhead along Dawn Lagoon, minimum setbacks of 35' from each front property line, and minimum sideyard of 10 feet along the northerly property line and minimum sideyard of 15 feet along the southerly side property line (along premises now of Wallin). Total lot coverage proposed herein is 29.9% of the total lot area, 4043 sq. ft., and 9.9% in excess of the maximum permitted 20%. The proposed residence with attached garage, without the deck and pool areas, covers the lot 18%, as shown by site plan prepared by Garrett A. Strang, Architect, January 16, 1986. 4. Article XI, Section 100-119.2, sub-paragraph B requires all buildings located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body or not less than seventy (75) feet from the landward edge of the tidal wetland, whichever is greater. The percentage of a variance requested from this requirement is substantial, being 75% of a variance. 5. Article III, Section lO0-31, Bulk Schedule of the Zoning Code requires a maximum lot coverage for all structures of twenty (20) percent. The percentage of a variance requested from this requirement is also substantial, being 50% of a variance. 6. It is the opinion of the board members that: (a) the deck areas could be reduced in size to afford the minimal relief necessary for both variances, particularly the 15' area between the rear of the house and the pool. In considering this appeal, the board finds and determines that in locating the structures at a distance of not closer than 50 feet at its closest point to the existing bulkhead, and not exceeding 25% lot coverage: (a) the variances will be the minimun necessary; (b) the circumstances are unique; (c) the practical difficulty under these circumstances would be sufficient to warrant the granting of same; (d) there will be no substantial change in the character of the district; (e) in consideration of all the above factors, the interests of justice will best be served by conditionally permitting a variance, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Variances for permission to construct new dwelling with proposed pool and deck areas BE AND HEREBY IS APPROVED in the Matter of the Application of RALPH AND LUCILLE STO~KER, under Appeal No. 3457, SUBJECT TO THE FOLLOWING CONDI TIONS: 1. That there be no construction within 50 feet of th existing bulkhead; 2. That the total lot coverage for all structures noi exceed 25% of the total lot area; 3. That the sideyards of 10 and 15 feet as shown fro the north and south lines, respectively, not be reduced. Vote of the Board: Ayes: Messrs. Goehringer, Grigol Douglass and Doyen. (Member Sawicki, was absent.) This res~ tion was duly adopted. lk ~CNERARD P. GOEHRINGER, CI~KIRMAN ~ 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 qeld by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Halls Main Road, Southold, NY at a Regular Meeting commencing at 7:30 ~.m. on THURSDAY, MARCH 1~3, 1986~, and as follows: 7:30 p.m. Appeal No. 3432 - Recessed Hearing in the Matter of JOHN AND JOYCE HOLZAPFEL. 7:35 p.m. Appeal No. 3457 RALPH AND LUCILLE STOCKER for ~ permission to cons~ruc~ new dwelling requiring Variances to the Zoning Ordinance: (1) Article III~ Section 100-31, Bulk Schedule, for excessive lot coverage, and (2) Article XI, Section 100-119.2 for reduction ~n the required Setback from bulkhead and tidal waters to less than 75 feet. Location of Property: 1080 Maple Lane (a/k/a 55 Snug Harbor Road), Greenport; Cleaves Point, Section 3, Map #4650, Lot 59; County Tax Map Parcel No. 1000-35-05-28. 7:40 p.m. Appeal No. 3452 - PAUL FORESTIERI for Variances to~ the Zoning Ordi'n~nce;'A~ticlefI'II~ Section 100~31, Bu~k Schedule for permission to locate new dwelling'-with insufficient front and rear yard setbacks. Location of Property: East End of Sound View Avenue (South End of Fasbender Avenue), Peconic; Bailey Park Subc~ivi- sion, Lots 1, 2, 3, 4, 5; County Tax Map ~arcel No. 1000-67-06-004. 7:45 p.m. Appeal No. 3470 z ATHANAS AND RUTH ZAMPHIROFF for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for permission to construct addition of 190± sq. ft. in area which will exceed the maximum-permitted the lot coverage requirement of 20%. Location of Property: 17195 Main Street (a/k/a 720 Second Street), New Suffolk, NY; County Tax Map Parcel No. 1000-117-08-13. 7:50 p.m. Appeal No. 3447 PUDGE CORP. for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to establish one or more of the following uses within the buildings proposed to be constructed as shown by site plan revised 7-9-85: professional offices; electrical contractor shop; plumbing shop; furniture repair shop; carpenter shop, cabinet shop; printing estab- lishment; food processing~ packaging of machine parts to be shipped; such uses as~allow~d in this C-1 Heavy Industrial Zoning District. Location of Property: East Side of Horton's Lane, Southold, NY; County Tax Map Parcel No. 1000-63-01-10. Page 2 Notice of Hearings Southold Town Bcard of Appeals Regular Meeting of March 13, 1986 7:55 p.m. Appeal No. 3459 125-127 MAIN ST. CORP. (MILLS & CO.) for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to utilize premises and construct addition for the manufacture of sails, canvas products and related items, and office and storage area incidental thereto~ in this "C-Light" Industrial Zoning District. Location of Property: 74100 Main Road, Greenport, NY; County Tax Map Parcel NE. 1000-45-06-006. 8:00 p.m. Appeal No. 3465 VELIMIR AND HEDA VRANKOVIC for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of the construction of second-story deck addition with an Insufficient frontyard setback. Location of Property: 1625 Sandu Beach Road (a/k/a 55 Bay Road), Greenport, NY; County Tax Map Parcel No. t000-43-04-46. 8:05 p.m. Appeal No. 3460 - MICHAEL J. PERLMUTTER, M.D. for a Variance to the Zoning Ordinance, Article III, Section lO0-30[C)[1](a) for permission to utilize premises and addition for accessory home occupation use (physician's office) in excess of maximum-permitted 30% first floor area. Location of Property: 2035 Theresa Drive, Mattituck~ Deep Home Creek Estates Filed Map 4256, Lot 59; County Tax Map Parcel No. 1000-115-16-15. 8:10 p.m. Appeal No. 3450 ROSALIE GOWEN for Vaciances~tQ~tbe~ Zoning Ordinance, Article III, Sec.tion 100-31, Bulk Schedule, for approval of: (1) insufficient lot area, (2) insufficient lot width, (3) insufficient lot depth, of two parcels as proposed in this pending set-off division of land located at the corners of Zena Road, Cpt. <idd 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. 8:20 p.m. Appeal No. 3474 DAVID M. JOHNSON for a Variance the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition with an i~sufficient sideyard setback and in excess of maximum-permitted 20% lot coverage. Location of Property: 385 Corey Creek Road, Southold, NY; County Tax Map Parcel No. 1000-87-5-13. 8:35 p.m. · Appeal No. 3q63 - EDMUND PRESSLER for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, and Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March_13, 1986 Article VII, Section lO0-70(A)[1](d), for permission to utilize premises of 68,912 sq. ft. in area as a continuing nonconforming two-family dwelling and add two retail sales/office uses tn this "B-I' General Business Zoning District. Location of Property: North Side of Main Road, Southold~ NY; County Tax Map Parcel No. 1000-63-3-26. 8:45 p.m. Appeal No. 3455 - KATHLEEN VARANO for a Variance To the Zoning Ordinance~ Article XII,-Section lO0-121(D)[1] for a clarification and/or correction of the interpretation of the Building Inspector of Condition in Appeal No. 3330 rendered by the Board of Appeals May 2, 1985 which allows no sleeping or living quarter.s ~n the accessory garage/apartment structure. Location of Property: 6600 [dr,.6ZSO) ~nd]ian Neck Road, Peconic, NY~ County Tax Map Parcel No~ 1000-086-07-004. 8:55 p.m. Appeal No. 3421 Recessed Hearing ESTATE OF JOSEPH ZIELONKA to be reconvened. 9:05 p.m. Appeal No. 3451 BEDELL WINERY/VINEYARDS for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[14] for permission to establish winery use from grapes grown on the premises, located at 36225 Main Road, Cutchogue~ NY; County Tax Map Parcel No~ 100D-85-02-10. 9:10 p.m. Appeal No. 3456 RICHARD AND ANITA WILTON for a Variance to the Zoning Ordinance., Article III, Section 100-31, Bulk Schedule, for approval of proposed lots having insufficient area, width andtor depth in this pend~ng~division of land, located at the East Side of Queens Street~ Greenhorn, NY; -County Tax Map Parcel No. 1000-40-3-6. 9:20 p.m. Appeal ~o. 3466 GREGORY SIMONELLI for a Variance to the Zonfng Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of proposed lots having insufficient area and width in this pending division of land~ located at the Ea$~ ~hd~So~th Sides of Grand Avenue, Mattituck, NY~ County Tax Map Parcel No. 1000-107-02-04. 9:25 p.m. Appeal No. 3475 JOSEPH H. SAWICKI, JR. for a Variance for approval of access pursuant to-New-York Town Law~ Section 280-a, over a private right~of-way located off the South Side of Old North Road~ Southold, NYz premises presently of Schaefer and identified on ~ne Suffolk County Tax Maps as District lO00, Section 55, Block 2, Lot 9:30 p.m. Appeal No. 3453 - ~AMUEL K.C. and ELIZA PLIMPTON KOPPER for a Variance to the Zoning Ordinance~- Arti-cle III, Seotion 100-31, Bulk Schedule, for approval of proposed three lots having insufficient area and width located along the west side of Indian Neck Road, Peconic, Page 4 Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13, 1986 NY; County Tax Map Parcel No. 1000-86-4-1.2, consisting of a total acreage of 5.00. The Board of Appeals will hear at said time and place all persons or repre~entatiyes d~siring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the hearing in question. For more information, please call 765-1809 (alt, 1902). Dated: March 4, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P, GOEHRINGER, CHAIRMAN lk INSTRUCTIONS TO NEWSPAPERS: Please publish once, to wit: March 6, 1986 and forward affidavits of publication to: Board of Appeals, Main Road, Southold~ NY 11971~ on or before March 11, 1986. Copies to the following 3/4/86: Mr. and Mrs. John Holzapfel, 825 South Harbor Road, Southold, NY 11971 Mr. Garrett A. Strang, Architect for Mr. and Mrs. Ralph Stocker, P.O. Box 1412~ Southold, NY 11971 Mr. Paul Forestieri, 300 East 54th Street, New York, NY 10022 Mr. and Mrs. Athanas Zamphifoff~ P.O. Box 2557 New Suffolk, NY 11956 Mr. James Gray, Sr., Pudge Corp., P.O. Box 1465, Southold, NY 11971 Mills & Co., 125-127 Main St. Corp.~ 125 Main Street, Greenpor~ NY 11944 William D. Moore~ Esq. (c/o R.F. Lark, Esq.), P.O. Box 973, Cutchogue, NY for Mr. and Mrs. Velimir Vrankovic Michael J. Perlmutter~ M.D., 2035 Theresa Drive, Mattituck, NY 119.52 Abigail A. Wickham, Esq. for Mrs. Rosalie Gowen, Box 1424, Mattituck 11952 Mr. and Mrs. David M. Johnson, Gary Flanner Olsen, Esq., for Koke Drive, Southold, NY 11971 Mr. Edmund Pressler, Box 706, Cutchogue 11935 Richard F. Larks Esq. for Mrs. Kathleen B. Varano, Box 973, Cutchogue 11935 William W. Esseks, Esq. for Mrs. Odell and Katzenberg, Box 279, Riverhead Mr. John Wickham~ for the Estate of J. Zielonka, Main Road, Cutchogue 11935 Mr. Merlon Wiggin, President, Peconic Assoc. for Bedell Wi.nery P~O. Box 672, Greenport, NY 11944 Richard F. Lark, Esq. for RICHARD AND ANITA WILTON Gary Flanner Olsen, Esq. for GREGORY SIMONELLI Mr. Joseph H. Sawicki, North Road, Southold, NY 11971 Mr. John DeReeder as agent for MR. AND MRS. SAMUEL KOPPER Mr. and Mrs. Samuel K.C. Kopper, 310 P~ymouth ~e, MA Town Clerk and Z.B.A. Bulletin Boards Supervisor, Town Boar~, Z.B.A., P.B., and Building Dept. Individual Z.B.A. files 02359 11 FORM NO. 3 ~ 'IX)WN OF SOUTHOLD BUILDING'DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that ~o~ur application dated ..... /..~.. ..... d4 .......... 19 e~.... ~o~ ~it to co-~...<Z .,~4....~...c .~. ?.-~7, ~. ?/.~.,~.~.,~.~./ ........ Location ofProperty ,.1.*.~..~'~. (. ~. ~ [~O.d--~ ...... ~.. County Tax Map No. 1~ Section ~ ~ .......... Block . ~ ~ ........ Lot O ~ ....... Subdivisio~W~ :~.. ~ F~ed Map No ...... .~ ?. ~ .... Lot No ....~ ........ is returned herewith and disapproved on the following grounds ............................... Building Inspector RV 1/80 Examined ................ ,19... 'FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 Approved ........ 19... Permit No ............ Disapproved a/c ..................................... Received.; ...... (Building Inspector) APPEICATION FOR BUILDING PERMIT Date January 1 6. , 19.8.6. iNSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector,-with 3 sets of plans; accurate plot plan to scale. Fee according to schedule· b. Plot plan showing location of lot and of buildings .on premises, relationship to adjoining premises or puljlic streets or areas, and giving a detailed description of layout of pr6perty must be drawn on the diagram which is part of ~:his appli- cation. c. The work covered by thi~ api~lication may no~ be commenced before issuance of Building Permit. d. Upon approval of this appli~'ation, the Building InSPector will issued a Building Permit to the applicant. Such p~rmit shall bekept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in parr for any purpose whatever until g Certificate of Occupancy shall have been grantedby the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections._ // t ~.gna ure olapp icant, or name, i a corporation) Garrett A. Strang, R.A. ·...P...Q-.B. 9.x..!4 ] .2.,..$O.u.t. ho J.d.,..~ew. ·York ..... (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises ...... ~ . .R.a.l.p.h...&..L.u..c.i.l. 1. ~..S.t. qc..k.e.r. ...................................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duty authorized officer. (Name and title of corporate officer) Bmlder s Lxcense No..I'Jg.t..S. ,$.e.c.t.e~t. Y~t .... Plumber's License No. " " Electrician's License No. " " Other Trade's License No " 1. Locationoflandon which~roposedworkwfllbedone ................................................ ~ ~ Snuq.Harbor Rd, '' ................ ........ .............. ..................... House Number Street Hamlet County Tax Map No. 1000 Section ..... .0.3.~ ......... Block ....... 0.5. ........ Lot ..... 2..8 ............ Subdivision..C.l.e..v.e.s..P..o.i.n._%.. ~'..S.e.c...t.,..T..h..r~e.e. .... Filed Map No..{6..5.0 ......... Lot . .5.9. ........... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . Vac~ant :...~?~ .a ~.:~;~; dwe lling:"~~ ~ ~ . b, Intended use and occupancy Single familX :.. ....... ~,,.,.~o.~g. *fwork (check which ~licable): New Building ...X. ...... Audition .......... Alteration ........ .............. Removal .............. Demolition .............. Other Work ............. (Description) ated Cost ....... ~..1 .5.0. ~. 0..0 p... 0. 0. .................. Fee .................................... ~' (to be paid on filing this application) 5. If dwelling, number of dwelling units ...... O..n.c. ..... Number of dwelling units on each floor .............. If garage, number of cars .............................. ~-, ..................................... 6. If business, commercial or mixed occupancy, specify nature and exten~ of each type of use ................... 7. Dfmensions of existing structures, ifany: Front ............... Rear .............. Depth ............. Height ............... Number of Stoties ...................................................... Dimensions of same structure with alterations or additions: Front ................. Rear ................ Depth ...................... Height .... .............. Rear ,..4..8.' ......... Depth .... 7.0.'. ..... -- 8. Dimensions of entire new construction: Front .... zi §; ............ Number of Stoties ................... kl~{oh f 2 4 Mnmhor Of' 9, Size of lot: Front ..... .5.0.' .............. Rear ....... .6.4,' ............ Depth ..... 1.6..0~ ........... 10. Dark of Purchase ............................. Name of Former Owner .......................... 11. Zone or use district in which premises are situated ........ .~1-..R.o..s.i.d?.n..t.i,a..i./..ag.r.i~Gk~ J..t.ttr ~& ........... 12. Does proposed construction violate any zoning law, ordinance or regulation: ....... .Y.efi. ................... t3. Will lot be regraded ....... N...o ................... Will excess fill be removed from premises: X Yes 14. Name of Owner of premises ....S.~o. 9 .k.e.r, ........ Address .B.a. IfPg?.t. ~...N...Y.:... Phone No. 4 72,-.1. ~.1 .... Name of Architect .......... .S.~.r~ .a¢9 .......... Address .%°.u..t.hp.~d. t..N...Y.: .. Phone No..7 ~.5.-.5. 4. ~.5 .... Name of Contractor ...... ~ o..t..S.c..1 .e.c.t,e..d ...... Address ................... Phone No .............. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicgte 041 set-back dima.n, sious ~,fro property 1/nes. G~ve street and block number or description according to deed, and show sffeet mos ~md indicate wheltt: interior or corner lot, See Attached STATE OF NEW YORK, COUNTY OF... $.u.f.f..O.J-.k ...... S.S ~. _ .............. G.a..r.r.qt.t,..A....S..t.r.qn.g ............... being duly sworn, deposes and says that he is the ,applicant (Name of individual signing contract) above named. He is the ........................... .A.r?.h. ~, .t.e?.t. ................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and,is duly authorized to p.erform or have performed the said w,ork and to application; that all statements contained in this).appti~afion are true ;t6~ fl?,,e~best of his kno~ledge~and work will be performed in the manner set forth in:the application filed therewith. Sworn to before me this ........ .... 19~ Nota~ Public, . ......... d,;~r/~r*~.,,.,,~..:..,a. .: ......... Cqunt~ .......... ~lo. ~ ~,,,,c~, 30 ~o°~ (Signature of applicant) RECEIVED TOWN OF $OUTHOLD, NEW YORK FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~,~ ~/~J7 DATE ~.. ~. ~ .:. f ..~- L...1...9...8.6 I, (%~%Garrett A. .S. tra~'for S%ocke~ .5.4655 Main Road ..................................................................................................................... Street and Number New Y,o,,rk HE E Y ........................... R B APPEAL TO State Southold Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED. lJ16/86EO · Permmt to Bu,ild Single Pamily Residence WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) { ) {X) Name of Applicant for permit of 54655 ~ain Road Southold New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO DUILD 1. LOCATION OF THE PROPERTYc/° of Maple Lane& Snug HarborRoad Greenport ........................................................................................Street and Hamlet ~8~&'''A-Res' 4650 Cleaves PointIIZ 59 OWNER(S): Ralph & Lucitle Stacker ................................................................................. ~.~.A'~ ~',,'~ ~' ' ~'~_',& '~',A' - .... Map No. Lot No. DATE PURCHASED: ..................... 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance,) Article III , Section 100-31 Article III , Section 100-119.2 3 TYPE OF APPEAL Appeal is made herewith for (X) 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 Art. 16 Sec. 280A Subsection 3 Laws 4. PREVIOUS APPEAL A previous appec Ahead) (has not) been made with respect to this decision of the Building Inspector or with respect to this property~ Such appe~ was ¢ ) request for a special permit ( ) request for a variance anc was made in Appeal No ................................. Dated .................................................................... ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance tsrequested forthe reasonthat we would like to receive relief sections of the zoning code as indicated above allowing of the subjec~ property with a single family residence. developmen~ would have znsufficient distance from existing as well as exceeding the allowable lot coverage. from the development Such bulkhead Form ZB1 (Continue on other side) REASON FOR APPEAL Continued t. STRICT APPLICATION OF THE ORDINANCE would produce practical d~ff~culfiee or unneCes- sary HARDSHIP because ....... ~ the front,side, and rear yard requirements would prohibit construction of a residence comparable to that of the neighboring properties of approximately the same lot area. This is due primarily to the recently adopted Local Law requiring a 75' set-back from tidal waters. We are asking relief from this section of the code. In addition,The lot coverage requirement would prohibit the construction of a swimming pool and patio at ground level. We are requesting relief from this section of the code as well 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate v~ciniry of this property and in this use district because This parcel is approximately the same area as the neighboring parcels but has awidth of of only ~ 75' and is situated on a corner,thereby being subject to providing two front yards. In addition the parcel is subject to the 75' setback from tidal waters whereas adjoining properties were not inasmuch as they were developed prior to this law. 3 The variance would observe the spirit of the Ordinance and WOULD-NOT CHANGE THE CHARACTER OF THE DISTRICT because We are asking to be allowed to construct the residence, at a distance from the bulkheaded tidalwaters, similar to that which already exists on the neighboring properties. The relief from lot coverage regulations is due to the unusually small size of this parcel,that being only 3/10 of an acre. The construction of the accessory patio and pool would usually be permitted as shown except for the 75' setback requirement which I feel is a hardship on a lot of this szze and configuration. STATE OF NEW YORK ) COUNTY ~OF ) Signature Sworn to this ..............................................day of ...... ~ ........-..~7~ .......................... 19o~ TOWN OF SOUTHOLD PROP;RTY RECORD CARD ~,WNER STREET FORMER !R ~ c~ S VI LLAGE W -DIST.[ SUB. LOT ACR. ~ TYPE OF BUILDING RES. SI~S. IMP, vL; $./j FARM COMM. CB. MICS. Mkt. Value TOTAL d ,:) 0 DATE REMARKS AGE BUILDING CONDITION NORMAL Acre NEW EARM T~lable Woodland Meadowland .House Plot Total BELOW Value Per Acre ABOVE Volue FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK 0 ~ND ~.OT 60 lOT 59 58 148 04 //$.3~ ' \ 160.00' o MAP lOT CL EA SECT/ON THREE FILED JUNE I4,/966 FILENO 4550 NEAR GI~EEIV PORT TOWN OF SOUTHOLD SUFFOLK CO,, N,Y OF POINT CERTIFIED TO ~ FIRST AMERICAN TITLE INSURANCE COMPANY OF NEY/ YORK TITLENO. II1'S'7277 RALPH STOQKER LUCI£LE STOQKER donack 315 west rlverhead ,new 516) 369-i717 .16 , 1984 lO00 035 05 28 associates main street york 11901 Job No 84.453 Scale I"= 30' ZBA March 13, 1986 Page 2. HOLZAP~EL He~rin. g - Conti. nued CHAIRMA/q GOEHRINGER: (continued) I really don't have any other questions. I think we have run the gamut on this one, to be perfectly honest. Is there anything else that you want to add to the record before I close this hearing? MR. HOLZAP~EL: No. CHAIRM~AN GOEHRINGER: Thank you again for doing that survey for us. I hope we can render a decision for you in an expeditious amount of time. MR. HOLZAPFEL: Can you explain what that means? Translate. CHAIRMAN GOEHRINGER: The next meeting I assume is going to be April 3rd, so it would probably be in and around that area. MR. HOLZAPFEL: That's the only way to do this is to make a decision at the following meeting? CHAIRMAN GOEHRINGER: Usually, unless we decide to have a special meeting around the week of the 25th. There is a possibility that we will have a special meeting. I think We have 20 hearings on tonight. So, there is a possibility that once the 15 day period for the environmental declaration has passed, we might attempt to deal with some of the applications or hearings tonight. Yours would be the first one we would deal with, because we have heard it before. Hearing no further comment, I make a motion closing this hearing, reserving decision until later. H7 - At 7:4~ ~aring was held in the matter of . and LUCILLE STOCKER}for a variance from excessive lot coverage, -~-~ ~=uuct u~.~~~rom bulkhead/tidal waters, .1080 Maple Lane, ureenport, Su~zolk County Tax Map #1000-35-5-28 CHAIRMAN GOEHRINGER: I have a copy of a tax map showing this and surrounding parcels in the neighborhood. I also have a copy of a sketch here dated 1/16/86 of Garrett A. Strang, indicating a proposed dwelling of 1% stories in height, approximate setback of 10' on the north property line, a variation of 9' to the south property line approximately; dwelling to be apProximately 45' from the bulkhead; swimming pool approximately 20' from the bulkhead. I should mention that the property is a five-sided lot Mr. Strang, would you like to be heard? ' ZBA March 13, Page 3. 1986 S~OCKER HEARING - Cg.~ti~ued' GARRETT STRANG: Yes, please. You do have the map in front of you as described. The only point I would like to make with respect to your findings on that is that the 9' dimension that you read for the southerly property line is that to a patio or fenced patio for future use around the swimming pool, at ground level. CHAIRMAN GOEHRINGER: Therefore, it is not a part of the actual dwelling? It is more in the area of an accessory structure? GARRETT STRANG: No, it is not an accessory structure, it would be to a fence or to the patio at grade. The actual distance to the ~uilding or any construction, that being the deck or the house, it is in excess of the 15' as required by code. A little history on this: my client had purchased this property about 2 years ago with the intention to construct a house and also at some point in time, to put in a swimming pool and patio. They went through the necessary procedures to get approvals from agencie to install a bulkhead, which has been installed. They then decided that it was time for them to construct a house and when they came back to me, I told them that since they purchased the lot, there had been a local law passed that required a 75' setback from the bulkhead. That did present considerable problems, given the size and configuration of the lot and if you look at the map, you will see that I have superimposed a dotted line, which is the building envelope if we were to meet all the criteria of the zoning including the 75' from the bulkhead. This leaves little or no space for any residence. This leads us to the reason for our appl.ication for a relief from the 75' requirement. We do have to provide 35' frontyard from Maple Lane and Snug Harbor Road, which we have exceeded from Maple Lane and met from Snug Harbor Road. We have met the 10' sideyard requirement and 15' sideyard requirement with respect to the building and the deck. So, we are left with trying to deal with the 75' setback . I try to make anyone viewing the site plan aware that there are neighboring residences in existence that are less than 75' back from the bulkhead. The neighbor to the north is 49' from the bulkhead. To the south is a vacant lot, but contiguous to that is a new residence that is nearing completion at this time, and based on surveys, that's 46' back from the bulkhead. Our proposal is to construct our house 52' from the bulkhead and a deck pro- jection that would be 42~ still within a reasonable distance from the bulkhead. For a point of reference, there is a house under construction two lots to the south which drawings proposed a deck, which wOuld bring their structure closer to the bulkhead than the present 46' However, that would obviously have to come before this board. Page 4. STQCKER HEARIN.G' .T Continqe. d CHAIRMAN GOEHRINGER: That deck you are.referring to, is that attached to the house? GARRETT STRANG: Yes. It is attached to the house and elevated at the level of the house and is approximately 10' in depth. Also depicted on the site plan is as you described, a proposal for a future swimming pool and a patio surrounding that pool. It is this aspect of the proposed construction that presents the problem with the lot coverage. It is my understanding that the State code dictates that the swimming pool be protected by a fence. The fence would surround the patio, which would be at grade, as would the pool. It is my understanding that the Town has interpreted that once a patio area, even though at grade, is fenced in, it becomes part of the lot coverage. So, it is mandatory that we fence it, so it becomes lot coverage even though if we were to put a pool in and not a patio, it would not be a consideration at all. It puts our lot coverage up to 29.9 or 30%. Again, this is a future consideration. It is not going to be put in at this time, but my feeling was in discussing this with them, inasmuch as we have to appear before this board, for relief of the 75' line, that we felt it best to bring to the forefront the whole master plan of the site, so'we'don't have to come back again at a future time. CHAIRMAN GOEHRINGER: swimming pool at this client? If th~s board wasn'~o inclined to grant the time,~ould that cause a hardship for your ~ARRETT STRANG: I don't believe it would cause a hardship, since it is planned for "futur~". We would like to have the opportunity to come back to the board to present it again for relief from that requirement. CHAIRMAN GOEHRINGER: The other thing I was wondering, could the house be pushed back toward Maple Lane a little bit farther, keeping the same plan that you have, possibly reducing the frontyard area on Snug Harbor to about 30'? GARRETT STRANG: That would not be a problem. If we were to be given a variance that we could have a 30' frontyard on Snug Harbor, we would have no problem with that. That would slide the house back that much further. It may bring us up to within excess of 60' from the bulkhead to the principal dwelling and 50' to the deck itself. ZBA March 13, Page 5. 1986 S~TOCK.ER...HEARiNG - Continue,~ . CHAIRMAN GOEHRINGER: We will talk about that. The only othe[ thing I wanted to ask you was the situation of the flood plai~. ZOne. Is this in ..... . GARRETT STRANG: The property has 3 designations. As you are out near Maple Lane, it is in a C ZOne; as you get closer to the bulkhead, it is a B ZOne and probably in the area where the swimming pool is shown on this map is in an A-7 ZOne, which required an elevation of +8. For all intents and purposes, the property, and I don't have topographic data on it, but I am going of the assumption by visual inspection of the property, that the main portion of the property is probably at elevation 10 as we are out near Maple Lane, and at the bulkhead, probably 7½. The finish floor of the house would, of course, be in excess of elevation 8. Thank you. CHAIRMAN GOEHRINGER: I thank you very much. Is there anybody else who would like to speak in favor of this apPlication? Against? Questions from board members? Hearing no further questions, I make a motion closing this hearing, reserving decision until later. Thank you for cOming in. #3452- At 7:50 p.m. a hearing was held in the matter of PAUL FORESTIERT for a variance for insufficient fron~ard~ insuffici'ent rearyard at end of Soundview A~enue, Peconic, New York, Suffolk County Tax Map #1000-67-6-004. CHAIRMAN GOEHRINGER: I have a copy of a tax map showing this and surrounding properties in the area. Would somebody like to be heard on behalf of this application? PAUL FORESTIERI: Would it be okay for me to show you this? This shows the road that exists. It is pretty much to scale, as it was taken off a survey, but blown up a little bit CHAIRMAN GOEHRINGER: The widest part of the house is 22'_6"? PAUL FORESTIERI: Right. And it narrows to 17'-6" The widest part meaning front to back? ' CHAIRMAN GOERHINGER: Yes. The depth of the house. Town of Southold Board of Appeals COUNTY OF' SUFFOLK Department of Planning 360-5206 June 18, 1986 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have beam referred to the Suffolk Cotmcy Planning Comtseton are considered to be a matter for loc~t dete~mina- ~ion. I decision of local determination should not be construed as either an approval or a disappro,~Lt. Applicant(s) Mtmieipal File NumberCs) Mr. & Mrs. Ralph Stocker Robert & Charlotte Wissman Mr. & Mrs. Harry O. Hurlburt 3457 3476 3490 Very truly yours, Lea E. Koppelman Director of Planning ~ief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CPlARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH PI. SAWICKI 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: X× Variance from the Zoning Code, Article III, Sections 100-31 and 100-119.2 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3457 Applicant: Mr. and Mrs. Ralph Stocker Location of Affected Land: 10803aple Lane, Greenport, County Tax Map Item No.: 1000 35-05-28 Within 500 feet of: Town or Village Boundary Line N,Yo X~ Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream or Drainage Owned by the County or for Which The County Has Established Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. Channel Channel COMMENTS: Applicant is requesting permission to construct new dwelling (1) Excessive lot coveraqe and (2) reduction in the required setback from bulkhead and tidal waters to less than 75 feet. Copies of Town file Dated: June 13, 1986 and related documents enclosed for your review. Secretary, Board of Appeals 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- I~TATE RnAD 25 SrlUTHDLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 June 6, 1986 Mr. Garrett A. Strang 54655 Main Road Southold, NY 11971 Re: Appeal No. 3457 Ralph and Lucille Stocker Dear Garrett: Enclosed please find a copy of the official findings and determination recently rendered by the Board of Appeals and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for their authoriza- tion of any new construction, or for other written documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to: Building Department Suffolk County Planning GERARD P. GOEHRINGER ~'B"~- Linaa ~ Kowalski Secretary Commission NN~OT~CE OF HEARINc~ ' Article IH, Section 100-31, Bulk ~FICE ISHEREBYGIVEN~ Sch ~edula,/for approval al: (1) , suf~i~t lot area, (2) insuffi- public h ' --~.. ~ ~ ~ ~ .u~g~. in this'-~aln~ s~off ~R f~ ~ ~ bu~~~ ~ *~ ~on ~75~of~ 71,~e,~le No. ~, ~t 59; ~ T~ ~ ~ County Tax Map parcel No. 8:45 p~m. Appeal No. 3455 - KATIt~EEN VARANO for a nance, Article XII, Section 100~ 121(DX1) for a clarification and/ or coffee,on of the interpreta- tion of the Building Inspector of Condition in Ai~peal No. 3330 re- ndered by the ~o~rd of Appeals May 2, 1995 ~which allows nO sleeping or living quarters in the accemory gerage/apsmnent structure. Location of Property:. 6600 (or 6750) Indian Neck Ro~l, Peromc, NY; Cpunty Tax Map Parcel No. 1000-086~7-004. 8:55 p.m. AppeaLNo. 3421 - Re- ceded Hearing. ESTATE OF JOSEPH ZIELONKA to be re- 9:05 p.ra. Appeal No. 3451 -' BEDELL WINERY/VIN. EYARDS for a ~ Excep- tion to the Zomng OFdln, rice, Ar- ticle IH, Section 100-30(BX14) for permission to, establish win- premises, located at 36225 Main Road, Cutchogve, NY; County Tax Map Parcel No. 1000-85-02- 10. 100-31, Bulk Schedule, for ap- proval of prolx~ed lots having in- sufficient area, width and/or depth in ~ pe~dln~ division of land, located at the East Side of Queens Street, Greenpert, NY; County Tax Map Parcel No. 1000-40~-6. 9:20 p.m. A~pe~ No. 3466 - GREGORy 8]MONELLI for a Variance to the 7~i~a Ordi- nance, Article ~I, Sect/on 100- 31, Bulk Schedule, for of propped lots having imuffi- cient area and width in this penal. lng division of ].nd. located at the East and South Side~ of Grand Avenue, Ma~ituck, NY; County Tax Map Parcel No. 1000-107-02-04. - 9:25 p.m. Appeal No. 34/5 JOSEPH IL SAWICKI, J1L for a Variance, for aM~oval of ~ pursuant to New York Town Law, ~ect/oll 280-a, over & pri- vato right-of-way located ~ the South Side of Old Nort~ Road, Southold, NY; p~ses pre- sently of Seh~'e~ and identified on the Suffolk County Tax Maps. as District 1000, Section 55, Block 2, Lot 4. Map Parcel No. 1000-35-05-28. ~- 7:40 p.m. Appeal No. 3452 ~ffice uses in this ~B'l' C'eneral 9:10 p.m. Appeal No. 3456 - 9:30 p.m. Appeal No. 34.53 - PAUL FORESTIERI for Vari- ~ Zo.ln~ Distr/ct..Lcca. RICHARD AND ANITA WIL- SAMUEL ILC. AND ELIZA ances to the Zoning Ordinance, ~ ~ti. on? ~Pro~, ~ N.o.r~..Sid.e_o_f ~. TONfora VarmncetotheZoning PLIMPTON KOPPER /or a Schedule for permission to locate _. new dwelling with insufficient ~ front ami rear yard setbacks. Lo- cation of Property: East End of Sound View Avenue (South End of Fasbender Avenue), Pecoulc;: Bailey Park Subd/vision, Lots 1, 2, 3, 4, 5; County Tax Map Parcel No. 1000~7-06-004. 7:45 p.m. Appeal No. 3470 - ATHANAS AND RUTH ZA~- PHIROFF for a Variance to the Zoning Ordinance, Article IH, S~ion 100-31, Bulk Schedule for permission to construct nddi- * tiaa of 190~ sq. i~. in which will exceed the maximum. permitted the lot coverage r~ quirement of 20%. Locat/on of Propsr~. 17195 Main Strut (a/ I~a 720 Second Street), New Suf-> folk, NY; County Tax Map l%r=el No. 1000-117-0~13. Article HI. Soction 100-31, Bulk Schedule, for app~val of prop- ozed three Mrs having cient m'~t~ ~d width located along the we~t side of Indian Tax Map Parcel No. 1000-86-4~ 1.2. consisting of a total acreage of 5.00~- j~ Tha Board of Appeals will ~? at zaid tin~ and pl~e all pemona or .~.~nin~vez desiring in be ter~ Writ~ eomments ~ be mbmit~l prior to the conclu- sion of the he.ring in question. For more i~ormation, please call 765-1809 (all 1802). Date& Ma~h 4, 1986 BY ORDER OF - BOARD OF APPEALS GEHARD p. GOEHRINGER, C~ 1TM6-5179 STATE OF NEW YORK ) ICOUNTY OF SUFFOLK ) . Mary K. Degnan of Groenport, In said County, being duly sworn, says that he/she ia Principal Clerk of THE SUFFOLK TIMES, · 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 week8 successively, commencing on the 6 deyof ~rch 19 oc / Prl~/cJpel Clark · ~' ANN IW, ABATE Sworn to before32n~ them Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and Suffolk Weekly Times, Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowalski, at 765-1809 (or if no answer, 765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y, 11cj'71 TELEPHONE (516) 766-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI March 13, 1986 S.E.Q.R.A. NEGATIVE ENVIRON~IENTAL DECLAPJVBION Notice of Determination of Non-Significance APPEAL NO.: 3457 I~ROJECT NAME: RALPH AND LUCILLE STOCKER This notice is issued pursuant to Part 617 of tho 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 similhr project. TYPE OF ACTION: DESCRIPTION OF ACTION: with excessive lot coverage back from bulkhead and tidal [ ] Type II [X] Unlisted [ ] Variances to construct new dweLLing and for reduction in the required set- waters to ]ess than 75 feet. LOCATION OF PROJECT: Town of Southold, County ef Sbffolk, more particularly known as: 1080 MapLe Lane (a/k/a 55 Snug Harbor Road), Greenport; 1000-35-05-28. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in thc short form has been ~;ubmitted which indicates that no significant adverse effects to ~he environment are likely to occur should this project be imple- merited as planned; (2) Separating the construction proposed from the waterfront is a bulkhead in good condition. FOR FURTIIER INFORFLATION, PLEA,,L CONTACT: Linda Kowalski, .Southold Town Board of Appeals, Tower Hall, Southold, NY 11971; 765-1809 or 1802. Copies of this notice sent to th(] applicant or his agent the Town Clerk Bulletin Bt)ard. Secretary, tel. 516- and posted BOARD OF TO~N TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765'1892 February 3, 1986 Mr. Garrett A. Strang Architect P. O. Box 1412 Southold, New York 11971' RE: Application Determination Mr. & Mrs. Ralph Stocker Dear Mr. Strang~ As per your letter of January 21, 1986 requesting a determination on the need of a Wetland Permit for the above- referenced, please be advised that the Trustees have reviewed your site plan submitted and inspected the premises on Snug Harbor Road and Maple Lane, Greenport. The Trustees have determined that no permit will be needed for the construction as proposed on the site plan submitted, as all construction is behind an existing bulkhead. The Trustees would like to you take the following measures during construction: 1. Roof run off shall be discharged into dry wells. 2. Driveways and parking areas within 75' of the water shall be of porous construction. Blacktop shall not be used on this site. 3. Care shall be taken so as to preclude the entry of any construction material into adjacent waters. 4. Immediately following construction, all areas of exposed soil shall be properly protected with suitable erosion control devices and/or vegetated' to prevent entry of eroded soil into nearby waters. If you have any questions, please do not hesitate calling this office at the telephone number listed above. Very truly yours_ ~ ~ Henry P. ~mith, President Board of Town Trustees OF SUFFOLK NEW YORK SS: i Wood, being duly sworn, says that she is the !THE LONG ISLAND TRAVELER-WATCHMAN, newspaper printed at Southold, in Suffolk County; the notice of which the annexed is a printed copy, published in said Long Island Traveler-Watchman ~ week for ................... ~ ...... weeks ~ly, commencing on the ...................... ~ to before me this ..................... day of Notary Public BARBARA FORBES l'4ot, ary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires ~f&~ 3 / 19 or~'J EN, pursuant to Section 267 of the Town Law and the Code of thc Town of Southold, the following public hearinss will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, MARCH 13, 1986, and as follows: 7:35 p.m. Appeal No. 3432- Recessed Hearing in the Matter of JOHN AND JOYCE HOLZAPFEL. /~ 7:35 p.m. Appeal No. 3457-'~ RALPH AND LUCILLE STOCKER for permission to construct new dwelling requiting Variances to the Zoning Or- dinance: (1) Article III, Section 100-31, Bulk Schedule, for ex- :essive lot coverage, and (2) Ar- iclc XI, Section 100-119.2 for ,eduction in the required set- ~ack from bulkhead and tidal .eaters to less than 75 feet. Lots- ion of Property: 1080 Maple i~ane (a/k/a) 55 Snug Harbor Road), Oreenport, Cleaves Point, Section 3, Map No. 4650, ~ot 59; County Tax Map Parcel No. 1000-35-05-28. ~ ~ 7:40 p.m. Appeal No. 3452- SAUL FORESTIERI for eariances to the Zonin~ Or- Iinance, Article III, Section i00-31, Bulk Schedule, for per- nission to locate new dwelling *ith insufficient front and earyard setbacks. Location of ~ruperty: East End of Sound ' /Jew Avenue (South End of :asbender Avenue), Peconic; lalley Park Subdivision, Lots 1, '., 3, 4, 5, County Tax Map 'arcel No. 1000-67-06-00~. 7:45 p.m. Appeal No. 3470-. kTHANAS AND RUTH ;AMPHIROFF for a Variance ~ the Zoning Ordinance, Arti- :lc Ill, Section 100-31, Bulk ;chedule for permission to con- truer addition of 190-+ sq. ft. in rea which will exceed the ~aximum-permitted the lot overage requirement of 20 per- ent. Location of Property: 7195 Main Street, (a/k/a 720 ;econd Street), New Suffolk, O/; County Tax Map Parcel No. 000-117.08-13. 7:50 p.m. Apl~fl No. 3447- PUDOE CORP. for a Special Exception to the Zoning Or. dinance, Article VIII, Section IO0-80(B) for permission to establish one or more of the following usgs within the buildings proposed to be con- structed as shown by site plan revised 7-9-85: professional of- i~ices; electrical contractor shop; plumbing shop[ furniture repair shop; carpenter shop, cabinet shop; printing establishment; food processing; packaging of machine parts to be shipped;. such uses as allowed in this C-I HcaW Industrial Zoning District. Location Of Property: East Side of Horton's Lane, Southold, NY; County Tax Map Parcel No. 1000-63.01-10. 7:55 p,m. Appeal No. 3459- 125-127 MAIN ST. CORP. (MILLS & CO.) for a Special' Exception to the Zoning Or- dinance, Article VIII, Section 100- 80 (B) for permission to utilize premises and construct addition for the manufacture of sails, canvas products and related items, and office and storage area incidental thereto, in this "C-Light." Industrial' Zoning District. Location of' Property: 74100 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-45-06-006. 8:00 p.m. Appeal No. 3465- VELIMIR AND HEDA VRANKOVIC for a Variance to he Zoning Ordinance, Article II, Section 100-31, Bulk ;chedul¢ for approval of the tion of Property: 1625 Sandu Beach Road (a/k/a 55 Bay' Road), Oreenport, NY; County Tax Map Parcel No. 1000-43-04-45. 8:05 p,m. Appeal No. 346~- MICHAEL J. PERLMU'i-i~R, M.D. for a Variance to the Zon- ing Ordinance, Article III, Sec~ tion 100-30 (C)[1](a) for petrols-. sion to utilize premises and ad- dition for accessory home oc- cupatinn use (physician's office) in excess of maximum-permit ted 30 percent fa'st floor ~ Loca- tion of Property: 2035 Theresa Drive, Mattituck; D~p Home Creek Estates Filed Map 4256, Lot 59, County Tax Map Parcel No. 1000-115-16-15. 8:10 p.m. Appeal No. 3450- ROSALIE OOWEN for Variances to the Zoning Or- dinance, Article III Section 100-31, Bulk Schedule for ap- provni of: (1) insufficient lot area, (2) insufficient lot width, (3) insufficient lot depth, of two parcels as proposed in this pen- ding set-off division of land located at the corners of Zena Road, Capt. Kidd Drive and Central Drive, Mattituck, NY; Capt. Kidd's Estates Filed Map No. 1672, Lots 134, 153, 154; County Tax Map Parcel No. 1000-106-02-32 and 43. 8:20 p.m. Appeal No. 3474: DAVID M. JOHNSON for a Variance to the Zoning Or- dinance, Article III, Section 100-31, Bulk Schedule, for per- mission to construct addition with an insufficient sideyard set- back and in excess of meximum- permitted 20 percent lot coverage. Location of Property: 385 Corey Creek Road, Southold, NY; County Tax Map Parcel No. 1000-87-5-13. 8:35 p.m. Appeal No. 3463- EDMUND PRESSLER for a Variance to the Zoning Or- dinance, Article VII, Section 100-71, Bulk Schedule, and Ar- ticle VII, Section 100-70(A)[l](d), for permission to utilize premises of 68,912 sq. ft. in area as a continuing non- conforming two-family dwelling and add two retail sales/office 100-30(B)[14] for permissi~. ,o establish winery use from grapes grown on the premises, located at 36225 Main Road, Cut- chngue, NY; County ~ Map Parcel No. 1000-85-02-10. 9:10 p.m. Appeal No. 3456- RICHARD AND ANITA WILTON for a Variance to thc Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of proposed lots having insufficient area, width and/or depth in this pending division of land, located at the East Side of Queens Street, Greenport, NY, County Tax Map Parcel No. 1000-40-3-6. 9:20 p.m. Appeal No. 3466- OREGORY SIMONELLI for a Variance to the Zoning Or- dinance, Article Ill, Section 100-31, Bulk Schedule, for ap- proval of proposed lots having insufficient area and width in this pending division of land, located at the East and South sides of Omnd Avenue, Mat- tituck, NY; County Tax Map Parcel No. 1000-107-02-04. 9:25 p.m. Appeal No. 3475- JOSEPH H. SAWICKI, JR. for a Variance for approval of ac- cess pursuant to New York Town Law, Section 280-a, over a private right-of-way located off the South Side of Old North Road, Southold, NY; premises presently of Schaefer and iden- tified on the Suffolk County Tax Maps as District, 1000, Section 55, Block 2, Lot 4. 9:30 Appeal No. 3453- SAMUEL K.C. and ELIZA PLIMPTON KOPPER for a Variance to the Zoning Or- dinance, Article III, Section 100-31, Bulk Schedule, for ap- proval of proposed three lots having insufficient area and width located along the west side of Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-4-1.2, con- Sisting of a total acreage of 5.00. The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Writ- ten comments may also be sub- mitted prior to the conclusion of uses in this "B-I" General Bu- the hearing in question. For silT~,,~l~.~Lst_~.c.t.~..Lo~a~Ji_qp_._ more information, please call of Propo~: North Side of Main Ro~d, Southold, NY; County Tax Map Parcel No. 1000-63-3-26. 8:45 p.nc Appeal No. 3455- KATHLEEN VARANO for:a, Variance to the Zoning' Or. dinance, Article Xll. Section. lO0-121(D)[l] for g clarification and/or correction of the inter. pretation of the Building lmpec. tot of Condition in Appeal No. 3330 rendered by the Board of Appeals May 2, 1985 which allows no sleeping or living. quarters in the accessory garage/apartment structure. Location of Property: 6600 (or 6750) Indian Neck Road;. Peconic, NY; County Tax Map Parcel No. 1000-086-07.004. 8:55 p.m, Appeal No. 342~: Recessing Hearing - ESTATE OF JOSEPH ZIELONKA to be reconvened. 9:05 p.m. Appeal No. 3451. BEDELL 765-1809 (alt. 1802). Dated: March 4, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN IT-3/6/8600) ; is the :HMAN, County; ..d copy, ttchman weeks · day of JUDITH T. TERRY TOWN CLtRK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 21, 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 Transmitted herewith is Zoning Appeal No. 3457 application of Garrett Strang for Ralph and Lucille Stocker for a variance. Also included is Notice to Adjacent Property Owners; application to and notice of disapproval from the Building Department; Short Environmental Assessment Form; letter relative to N.Y.S. Tidal Wetlands Land-Use; plans; and survey. Judith T. Terry Southold Town Clerk FND /V 8~ ~00 '00"W 107' ~.OT 60 16' 40" E tOT 59 148 C4 160.Ou FNO e,o 0 MA P OF 10T 59 CL EAVE$ POINT SECTIOn; THREE FILED JUNE 14,1966 FIL~NO 4~50 NEAR G~EE~IPORT TOWN OF SOUTHOLO SUFFOI K CO,, N.Y CERTIFIED TO. FIRST A~I£RICAN TITLE INSURANCE COMPANY OF NEW YORK TITLENO. III-S-7277 RAL. PH STOCKER LUCI~E ~OCKER ~donack associates $i5 west mare street r~verhead ,new york 11901 (516) :369-i717 FEB. 16, .984 ,Job No 84-455 ~000 03,5 05 ;:'8 Scale I" = EK3' TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~ ~' ,2 Jan. ~ 1986 (~d~)Garrett A. Stran~ for Stock 54655 Main Road Name of Appellant Street and Number Southold New York ......................................................................................................................... HEREBY APPEAL TO Municil:~lity State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: q/16/B6FOR: Permit to Build Single Family Residence WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of 54655 Main Road Southold New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD I. LOCATION OF THE PROPERTyC/© of Maple Lane& Snug HarborRoad Greenport ........................................................................................Street and H~mlet ~'"A-Res. 4650 Cleaves PointIII 59 OWNER(S): Ralph & Lucille Stacker ................................................................................. %:'~:~ ',--~ ,:, L?-' L;'%! :,'~'~'~=: .... Map No. Lot No. DATE PURCHASED: ..................... 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III ~ Section 100-31 Article III , Section 100-139.2 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cans. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~dxl~) (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 is ~quested forthe reasonthat we would like to receive relief from the secticns of the zoning code as indicated above allowing development of the subject property with a single family residence. Such development would have insufficient distance from existing bulkhead as well as exceeding the allowable lot coverage. l~orm ZBI (Continue on other side) REASON FOR APPEAL Continued l. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the front,side, and rear yard requirements would prohibit construction of a residence comparable to that of the neighboring properties of approximately the same lot area. This is due primarily to the recently adopted Local Law requiring a 75' set-back from tidal waters. We are asking relief from this section of the code. In addition,The lot coverage requirement would prohibit the construction of a swimming pool and patio at ground level. We are requesting relief from this section of the code as well 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 This parcel is approximately the same area as the neighboring parcels but has awidth of of only ~ 75' and is situated on a corner,thereby being subject to providing two front yards. In addition the parcel is subject to the 75' setback from tidal waters whereas adjoining properties were not inasmuch as they were developed prior to this law. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CtlARACTER OF THE DISTRICT because We are asking to be allowed to construct the residence, at a ~istance from the bulkheaded tidalwaters, similar to that which already exists on the neighboring properties. The relief from lot coverage regulations is due to the unusually small size of this parcel,that being only 3/10 of an acre. The construction of the accessory patio and pool would usually be permitted as shown except for the 75' setback requirement which I feel is a hardship on a lot of this size and configuration. STATE OF NEW YORK ) ) ss COUNTY' OF//*~~ ) ............ Signature Sworn to this /~'-/~ day o .......... ~..~T.- ........... ~ ........................ 19~ Notary Public BARBARA A. 5TRANG NOTARY PUBLIC, State of Ne~t Yorf( No. 4730095 (~ualifled in Suffolk Cou~ ¢// C~ ~ms ~ 30, 19,~.~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of 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. That it is the intention of the undersigned to petition the Board of Appeals of the Town of $outhold to request a (Variance) ~e,,i~ls~x~el~)~(~q~l~lcRe~l~ (the following relief: Reduction of 75 ' required distance from Tidal Waters. Increasedlot coveraqe. ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: Tax Map ~ 100 - 035 - 05 - 28 LOt no. 59 of the subdivision known as cleaves Point Section III Northwest corner of the intersection of Snug harbor Rd. with Maple La~e 3. Thattheproperty whichisthesubiectofsuchPetitionislocatedinthefollowingzoningdistrict: A- Residential / Aqricultural 4. ThatbysuchPetition, theundersigned willrequestthe ~llowingrelief: 1. Reduction in the required distance of 75' from Tidal waters 2. Increase in Lot coverage from 20% to ~ $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article III Section 100-31 and 100-119.2 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: January 17, 1986 ~ ~~_~ ~.. Petitioner Garrett A. Strang for Stocker Post Office Address P.O.Box 1412 Southold, N.Y. 11971 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Doris Idler Leslie E. Wallin U.S. POSTAL SERVICE CERTIFICATE OF MAILING ..~arrett A. Stranq R.A. P.O.Box 1412 Southold~ New York 1197'~ Ms. Doris Idler P.O.Box 187, 59 Roderick Ave. .. P.O.Box 187 E~t Mmriom. New Y~rk 119q9 MAY BE USED FOR OOMES'I:IC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE !OOSTMAS T E R PS FORM Leslie E, 59 Roderick Ave. Staten Island, N.Y. ~0305 MAY BE USED FOR DOMESTIC AND ~NTERNAT~ONAL MAIL, DOES NOT PROVIO~ PS FORM MAY 1976 3817 ~r GPO: 1977-750-851 East Marion N.Y. 11939 Staten Island, N.Y. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: Garrett A. Strang , residing at Main Road Mattituckt New York , being duly sworn, deposes and says that on the 18 day of January, ,19 8 6 ., deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at Southold (certified) (registered) mail. Sworn *'~ before me this /~'-/'~ day o~ , ~' -~ /Notary Public ; that said Notices were mailed to each of said persons by SHORT ERVIROh';',~N?EL ASS~'SSMENT F~RM INSTRtTT!ONS~ (a) In order to answer the 9uestions in this short £AF is is assumed that the ~reparer will use currently available information concerning tho project and :he ikely impacts of the action. It is not expected that additional studies~ research or o~her investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form ia necsssa~/. (c) If all questions have been answered Re it is likely that this project is no_t significant. (d) Enviror~sntal Assessment 1. Will project result in a large physical change t¢~ th~oPrOJect site or physically alter more than acres of land? . . . . . . . . . . . . Yes X No 2. Will there be a major change to any unique or unusual land form found on the site? . , , , , Yes ~ No 3. Will project alter or have a large effect on an existing body of water? . . . · . o . . · , Yes X No &. Will project have a potentially large impac~ on groundwater 9uali=y? · , · · · · · · , , , · , ~ea X No ~. Will project significantly effect drainage ,fl,ow on adjacent sites? ' ' ' ' ' ' ' · · · Yes X No 6. Will project affect any threatened or endangered plant or animal species? · , · o , , . , · · . Yes X No 7. Will pro~ect result in a major adverse effect on air quality? · · · ° o , o , o o , , __ Yes X No 8. Will project have a major effect on visual char- acter of ~hs co~guni:y or scenic views or vistas known :o be important to the community? · · · __ Yes X No 9. Will project adversely impact any site or struct- ur~ of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? · · · -- Yes__X No 10. W~.i project have a major effect on existing or fuuure recreational opportunities? · · · Yes .... X ~o 11. Will project result in ~Jor traffic problems or cause a major effect to existing transportation systems? · · · · · · · · o · . · Yes .. X No 12. Wzll project regularly cause objectionable odors, nsf.se, glare, vibration, or electrical dis:urb- an:e as a result of the project's operation? . Yes X No 13, Will project have any impact on public health or sa~'ety? o · o * · ° · · .° · , o Yes X No 1L. Will project Affect the existing community by directly cau$in~ a ~rcwth in oermanent popula- tion of more ~nan 5 percent o~er a one-year pe~'iod or have a major negative effect on the character of the com.~unit¥ ~r neAghborhood?. Yes X No 15. I$ there.publ~controver~? ~hcern~ng~ -- the project? Yes X No PREPA~£R,S SI6~IATb~E.~/~_~ -r~'~~ TITLE: Architect R-PRES_.ITI.IG. Ralph & Lucille St6cker DATE: Jan. 17, 1986 January 17, 1986 (Tcday's Date) To: Southold Town Boar~ of Appeals Main Road Southold, NY 11971 Re: Appeal Application of Location of Property: Garrett A. Stranq for Stocker c/o Maple l~ne ~ Snuq Harbor Rd. Greenport~ New York Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation La%~, please be advised that the subject property i~ the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetiands; 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.* [ ] May b~ ~located ~ithin 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. Ix] 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 located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing 'on the premises. o£ ] Is not located within 300 feet of to the best of my knowledge.* tidal wetlands [Starred items(*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (Signature please) NOTE: If proposed project falls wit~kin D.E.C. jurisdiction, approval must be received an~ submitted to our office before your application can be.scheduled for a public hearing. mr oh I t e oc Road P.O. Box 1412 SOUthold N.Y. 11071