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HomeMy WebLinkAbout3530 Southold Town Board of Appeals ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3530 Application Dated June 23, ]986 TO: Abigail A. Wickham, Esq. as Attorney for RAYMOND T. GOODWIN Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on September ]], ]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 [X] Request for VarianceSto the Zoning Ordinance Article III, Section 100-3] and XI, 100-]19~2(B) Request for Application of RAYMOND T. GOODWIN for Variances to the Zoning Ordinance: (1) Article III, Section 100-31~ Bulk Schedule, for permission to construct kitchen addition with an insufficient westerly sideyard setback and insufficient total sideyards; (2) Article XI, Section 100-119.2(B) for permission to construct kitchen and deck additions with an insufficient setback from the highwater mark along Peconic Bay, at 4450 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-4-22.2. WHEREAS, a public hearing was held and concluded on August 14, 1986 in the Matter of the Application of RAYMOND T. GOODWIN, Appeal No. 3530; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. The property in question is located at the end of a 15-ft. right-of-way extending off the south side of Peconic Bay Boulevard in the Hamlet of Laurel, along Peconic Bay, and is identified on the Suffolk County Tax Maps as District lO00, Sec- tion 128, Block 4, Lot 22.2. 2. By survey revised May 16, 1986 prepared by Young & Young Surveyors, the premises is shown as containing a total lot area of 28,124 sq. ft. and average lot width of 96 feet, and improved with the following structures: (a) a single- family, one-story frame dwelling set back 45± feet from the (CONTINUED ON PAGE TWO) DATED: September 18, Fo~ ZB4 (rev. 12/81) 1986. CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3530 Matter of RAYMOND T. GOODWIN Decision Rendered September 11, T986 edge of existing wood bulkhead and 59± feet from a tie line along the average high water mark, having nonconforming side- yards at 22± feet at the west side and 9.4 feet at the east side [nearest points], (b) accessory frame garage in the frontyard area set back 2.7 feet at its closest point from the easterly property line, and (c) 10' by 10' accessory frame shed also located in the frontyard area. 3. By this application, appellant requests permission: (a) to construct and locate kitchen addition along the westerly side and rear of the existing dwelling with a proposed setback from the wood bulkhead at 49± feet and the average high water mark 67± feet, ; (b) to construct and locate wooden deck addition at the rear of the existing dwelling with a proposed setback of 34± feet from the existing bulkhead and 44± feet from the avera§e highwater mark; (c) to construct 14' by 24' kitchen addition with insufficient total sideyards of 22± feet, and an insufficient westerly sideyard setback at 12.7 feet [at its closest points. 4. Article XI, Section 100-119.2, subparagraph (B) of the Zoning Code requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five feet from the ordinary highwater mark or not less than seventy-five feet from the landward edge of tidal wetlands, whichever is greater. 5. Article III, Section lO0-31, Column "A" of the Zoning Code requires minimum total sideyards at 25 feet and not closer than 10 and 15 feet. 6. For the record it is noted that the premises was the subject of prior Appeals under Nos. 2076 rendered September 25, 1975, and 2146 rendered June 10, 1976, for area variances. In considering this appeal, the board finds and determines: (a) that the relief requested is not substantial in relation to the requirements; (b) the difficulties are sufficient to warrant a granting of the variance; (c) there will be no substantial change in the character of the district; (d) the circumstances are not shared by other properties generally existing in the neighborhood; (e) there is no other method feasible for appel- lant to pursue other than a variance; (f) that in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will be served by allowing relief, as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the relief requested under Appeal No.3530 in the Application of RAYMOND T. GOODWIN for permission to construct 14' by 24' kitchen addition with setbacks of not less than 12.7 from the west side line and not less than 49 feet to the bulkhead, and construct deck addition as shown on survey revised May 16, 1986 prepared by Young and Young, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No further sideyard reductions on either side; 2. Proposed wooden deck addition remain open and unroofed. Vote of the Board: Ayes Messrs. Goehringer, Grigonis, ~j~,,, ..... ~'~ .... 1 ..... ~ ......... ~ C:'''~b~ fhis resolution was duly adopted. RECEIVED AND FILED B'f * THE SOUTHOLD TOWN cr.~PJ~ ~__ DATE g//f/~ HOUR~-~ September 18, ]986 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 at a Regular Meeting commencing at 7:20 p~m, on THURSDAY, AUGUST 14, 1986 and as follows: 7:35 p.m. Appeal No. 3526 GEORGE AND PAT BROWN. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct deck addition to dwelling with reduction of existing nonconforming sideyard setback, at 150 Briarwood Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-t36-1-3. 7;40 pom. Appeal No. 3477 - WILLIAM-AND KATHERINE HEINS. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedules for approval of insufficient area, width and depth of two parcels in this proposed division or set-off of land located along the north side of Main Roads Orient, NY; County Tax Map Parcels No. 1000-19-2-5 and 6. 7:50 p.m. Appeal No. 3520 - THOMAS SHALVEY. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area, width and depth of two parcels in this proposed division or set-off of land located along the south side of Case Road, Cutchogue, NY; County Tax Map Parcels No. 1000-116-2-15 and 16. 7:65 p.m. Appeal No. 3532 - ARTHUR AND BERNADETTE BURNS. Variance to the Zoning Ordinance, Article~III~ Section6a]00-30 ~nd 100732, for permission to construct accessory tennis court in the frontyard area, at 3525 Private Road #13 (right-of-way extending off the end of Ruth Road), Mattituck; County Tax Map Parcel No. 1000-105-1-4. c) 8:05 p.m. Appeal No. 3433 GAIL DESSIMOZ and MICHAEL RACZ. Variance for approval of access, New York Town Law, Section 280-a, over private right-of-way known as Hallock Lane and referred to as Private Road #10, extending off the north side of Sound Avenue, Mattituck, New York,(over and along lands of Charles Simmons and ~dward Harbes). County Tax Map Parcels No. 1000-112-1-7 & 8, and to Parcel No. 10~0-112~1-4. Page 2 - Notice of Hearings August 14, 1986 Re§ular Meeting Southold Town Board of Appeals 8:10 p.m. Appeal No. 3530 RAYMDND T. GOODWIN. Variances to the Zoning Ordinance: (1) Article III, Se~ction 100-31, Bulk Schedule, for permission to construct kitchen addition with an insufficient westerly sideyard setback and insufficient ~otal sideyards; (2) Article XI, Section 100-119.2(B) for permiss'lon to construct kitche'n and deck additions with an insufficient setback from the highwater mark along Peconic Bay, at 4450 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-4-22.2. 8:15 p.m. Appeal No. 3533 JOHN AND JEANNE BREDE~EYER. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission ~o locate single-family dwelling structure within 75 feet of ordinary highwater mark along Orient Harbor. location of Property: West Side of Bay Avenue, Orient, NY; County Tax Map P-arcel No. 1000-26-1-8. 8:20 p.m. Appeal No. 3539 MICHAEL HERBERT. Special Excep- tion to the Zoning Ordinance, Article III, Section 100-30(B)[16] for permission to establish "Bed and Breakfast uses "an owner- occupied building, other than a hotel, where lodging and breakfast is provided for no~ more than six casual, transient roomers, and renting of not more than three rooms. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 1000- 140-2-23. Zoning District: "A" Residential and Agricultural. 8:25 p.m. Appeal No. 3442 JOHN J. NEWMAN. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to construct additions to dwelling within 75 feet of high water and'existing bulkhead along James Creek, at 430 Sailors Needle Road, Mattituck, NY; County Tax Map Parcel No. 1000-144-5-29.1 and 30. 8:35 p.m. Appeal No. 3535 - NORTH FORK FRIENDS OF KENYON TUTHILL. Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to use premises fora special fund-raising event ~n conjunction with fireworks display, at premises of W.F. and T,A. LaMorte, 895 North Bayview 'Road, Southold, NY; County Tax Map Parcels No. 1000-70-13-20 (20.1 to 20.21, inclusive). Page ~ Notice of Hearings August 14, 1986 Regular Meeting Southold Town Board of Appeals 8:40 p.m. Appeal No. 3478 - BECKY JOHNSTON. Variances for: (1) Building Inspector to issue building permit allowing existing structure to be weatherized, prior to final 280-a access approval, and (2) approval of access in accordance with New York Town Law, Section 280-a, over private right-of-way extending from the northerly end of Bridge Lane Extension and Oregon Road, over lands of Bokina~.i~dent~fied on the Suffolk County Tax Maps as 1000-73-2-4, to premises of Johnston~ ~ identified on the Suffolk County Tax Maps as 1000-73-2-1. 9:00 p.m. Appeal No. 3513 - STEPHEN SHILOWITZ. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to construct condominium complexes within 75 feet of bulkhead and tidal water, at the west side of Sixth Street, Greenport, NY; 1000-49-01-25.1, Zone District: "M-Light Mul- tiple'' Residence. The Board of Appeals will hear at persons or representatives desiring to above hearings. Written comments to the conclusion of the subject please call 765-1809. Dated: July 17, 1986. said time and place all be heard in each of the may also be submitted prior hearing. For more information, BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN ATTENTIO~ NEWSPAPERS: Please publish Thursday, July 31, 1986 and forward two affidavits of publication on or before August 5th to: Board of Appeals, Main Road, Southold, NY 11971. Copies to the following 7/28/86: Personal DeliverY: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. By Mail: Mr. Richard O. Kunst, 1745 Harbor Lane, Cutchogue for GEORGE AND PAT BROWN Mr. and Mrs. George Brown~ 150 Briarwood Lane~.. Cutchogue, NY 1t935 Anthony B. T°hill, Esq. as'Attorney Mr. and Mr.S.~. William Heins Mr. and Mrs. Ar~.hur Burns for Mr. and Mrs. William Heins, Main Road~ Orient~ NY 11957 Mr~ and Mrs. Arthur Burns~ 3525 Private Road #1~, Mattituck, NY 11952 Mr. J~ Douglas Pe~x, 208 Fifth A~enue~ New Yo~k~ NY 10010 for RACZ Qail D6ssimoz 6n~ Michael. Racz~ 208 Fifth Avenue, New York, NY 10010 Charles Matthews, Esq.~ Box 800, Huntington, NY 11743 v~bi~ail A. Wickham, Esq. as Attorney f~r ~Mr. and Mrs. Raymond T. Goodwin. Mr. and Mrs. John Brede~yer Mr. and Mrs. John J. Newman Michael J. Hal?, Esq. as Attorney for Becky Johnston Stephen R. Angel, Esq. as Attorne~ for Stephen Shilowitz Lawrence Storm, Esq. as Attorney for R. Strong and others Mr. and Mrs. Robert Strong, Woodmere address FORM NO.:3 ~ r~ TO~N OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL for permit to /*~¢~09N(.~.-~.6~.C¢..~./.'~- 4~. ~--~..~./.~¢..~.. ~ ................... at ~o~ ;~ ~o~ .~.. ~c.~ ~..- ........ ~~ ~.. Nouse No. Stroot Ham/et County T~ Map No. 1000 Section .l.~ ....... Block ~ .... ' ...... ~tO~.'f~.¢O Subdivi~on ....... % ......... F~ed Map No ....... % ......... Lot No .................. Js retu~d herewith and dhapproved on the follow~g ~ounds~/~ ~~ ....... .... do...zgSZ.~. - ................. ~ ......... .~..;~i~ ......... ~. Building Inspector RV 1/8o TOWN OF SOUTHOI~f~YO~K APPEAL FROM DECISION OF BUILDING tNSPEO~/.J~2 3 I98~ Tow~ C~rk $outhol~ TO THE ZONING BOARD OF APPEALS, TOWN OF S~THOLD, N. Y, APPEAL NO. ~-~3 C) DATE ~.~q...2...0.,.... ~ .9...8. 6 1, (We)....R~...~q.N..D.....T..:......C~,..O.,,D..W..!..N. ..................... of 157 Oxford Blvd. Name of Appellant Street and Number Garden City, New York ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..~..21.,...1.9.8~ ...................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) RAYMOND T. GOODWIN Name of Applicant for permit of 157 Oxford Blvd Garden Ci.t.% .N...e.~ Yo.r.k. Street end Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO CONSTRUCT KITCHEN ADDITION & DECK Laurel, - "A" Agricultural & 1. LOCATION OF THE PROPERTY 4..45.Q..P.e~o~ic..B~y..~l.v.d~.,;~,:.~ ................ ~.R~s~d~D~ial Street use uistrict on ~onmg ~wap 1000-128. ~0- 04-02..2...,.1..8.....&.....0..2...2.....2_ .................................................. Current 0wnerRAYMOND T. & NORMA GOODWIN TaxMop No. Lot No. 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 Ordi.nance.) Art. III, Sec. 100-31 Bulk Rehadutm Co. A g Art. XT S~e. 100-119.2 B 3. TYPE OF APPEAL Appeal is made herewith for ~ ) A VARIANCE rathe Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~4Y~(has not) been made with respect to this decision of the Building inspector or with respect to this property, Such appeal was ( ) request for c special ~ermit ( ) request for a variance and was mode in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance isrequested forthereasonthat applicant would like to add an addition with insufficient side yard and woUld also like to replace a patio and deck within 75 feet of the mean high water mark of Peconic Bay as sho%m on the attached sketch. Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE wouid produce practicaldifficuitiesorunneces- sary HARDSHIPbecau~ (i) As to the addition with insufficient side yard, the applicant's lot is very narrow, and compliance with side-yard requirements is therefore difficult. The proposed addition would be 12.7 feet from the side line at its closest point and would extend no further than the existing concrete patio at the rear of the building. The width of the addition zs necessary to install an interior stairway to the basement through the existing basement door° (2) As to the deck, the proposed deck will be in the exact same location and have the same dimensions (except height) as the existing deck. The purpose zs to raise the level of the deck to avoid the existing step down from the sliding glass doors at the front of the house. The hardship is that the entire house is within 75 feet of the mean high water mark, and the ordinance would prevent the improvement of an existing structure~ 2. The hardshDcreatedis UNIQUE and isnotsha~d by ali prope~Jes alike in the immediate vicinit, of this property and in this use district because applicant is limited by the location of the existing dwelling and the patio being replaced. Consultations with architects have shown this to be the most feasible place for the addition. 3 The Vanance would observe the spirit of the O~insnce and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the addition will be no closer to the side yard than the existing patio, and the new deck is merely a replacement. The addition will be further from the sideyard than the westerly neighbor's dwelling and will be behind the neighbor's house so as not to block the view of the water. STATE OF NEW YORK ) ) ss COUNTY OFSUFFOLK ) Sworn to this ......... lO.t...h ........................... day of ........... ~J~ ~ ................................. ]986 ..... ................. /" ( Notary Public OWNER STREET VILLAGE SUB, LOT FORMER OWNER LAND SEAS. IMP. NEW FARM AGE Tillable Tillable 2 Tillable 3 Woodland Swampland B rushland }-louse Plot Tota~ NORMAL Acre S VL TOTAL DATE BUILDING CONDITION BELOW ABOVE Value Per Acre Value E ACR. - ,7.5'E' I TYPE OF BUILDING ]~COhM_.- CB, MISC. Mkt. Value ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK Porch. Por~h Breezeway Garage Patio Total Foundation _ ' ; IExt. Walls :ire Place Type Roof 7ecreation Room Dormer Driveway Bath J'nte,ior Finish Roams ~st Floor Rooms 2nd Floo~ pF_.coN c APRIL 6, 1978 MAY 15, 1906 MAY 16, 1986 .NOTE: J -- MONUMENT EL£~/ATIONS At~E ~EFEF~ENC£D TO APPROX. M.S.L. DATUM SUFF CO. TAX MA? DIST IOO0 SECT. 12S B£.04 LOTS ~.1~ YOUNG & YOUNG 400 OSTRANDER AVENUE, RiVERHEAD, NEW YORK ALDEN W, YOUNG HOWARD W. YOUNG SURVEY FOR: t~AYMOND T. GOODWlN g NO/TM~~ ^ ? L ~q UREL ~ CHI C~ Fl TL ~~ ~ ; Southold Town Board of Appeals MAIN RDAD- STATE RnAD 25 sr'IUTHFILD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS August 14, 1986 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON IS, JR. S. E. Q. R. A. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3530 PROJECT NAME: RAY~OND T. GOODWIN This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION:Construct kitchen addition with insufficient W/s setback and total sideyards; (2) construct kitchen and deck additions with insufficient setbacks from highwater mark LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 4450 Peconic Bay Blvd., Laurel, NY 126-4-22.2 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) The 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: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. SOUTHOLD TOWN BOARD OF APPEALS MATTER OF RAYMOND T. GOODWIN THURSDAY~ AUGUST 14~ 1986 PUBLIC HEARING 8:20 p.m. Appeal No. 3530 - Public Hearing commenced in the Matter of RAYMOND T. GOODWIN. Variances: (1) to construct kitchen addition with insufficient W/s setback and insuffi- cient total sideyards; (2) to construct kitchen and deck ad- ditions with insufficient setbacks from highwater mark. 4450 Peconic Bay Boulevard, Laurel. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: On behalf of Raymond Goodwin we have a parcel of property in question which is approximately 28,124 square feet with a proposed addition of, on the westerly side of approximately 14 by 24 and a concrete patio which is some- what irregular in size. And a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. The most recent date on the map is May 16, 1986 by Young and Young. Is there someone that would like to be heard on this application? MS. WICKHAM: Yes. I'm Gail Wickham. I represent the appli- cant. As to the deck, it's merely an attempt to improve over an existing patio and there is a structure in that location now that will be razed by the means of a wooden deck. As to the addition, unfortunately in that neighborhood, they are not much in the way of side yards now in most places. This probably will produce a side yard greater than many of the houses have now including the neighbors. The purpose of the addition is to create a kitchen with a small area in the back for a stairway to the basement that will give them enough room to go through the existing door to the side. If you have any questions, the Goodwins are here and either I or they can an- swer them. CHAIRMAN GOEHRINGER: When I was down there I did knock on their door and there was no one home and I observed somebody out in the boat so I did not actually go around the front of the house which I really didn't have to do anyway because I could view the exist- ing patio from the west side. I had trouble understanding without having the specific addition staked. The westerly property line ap- pears to be on quite an angle and I had trouble visualizing 12.7 feet. I would ask you if it not be a problem that they possibly stake the addition so that we can understand exactly where the addition is going to be on that side of the house. Fage 2 - August 14, 1986 Public Hearing-Raymond T. Goodwin Southold Town Board of Appeals MS. WICKHAM: I can do that. There is a, if you noticed, a wire fence that does run along the property.and I think there's a hedge there too. CHAIR~N GOEHRINGER: Yes, built into the fence. MS. WICKHAM: So that would give you a good idea of the line and it's that corner that would be in the closest proximity. CHAIRMAN GOEHRINGER: The reason I ask you that question is; as you know, we have to allow access (in this particular case) to the rear yard area. Ok? And we usually determine the access to be the width of a machine that might be required to get in there to work on the bulkhead or whatever the case might be. And at the time I went down there, I did not bring a tape with me and I was not really confident of the fact that they knew that I was there. That's why I did not want to start bringing tapes out and so on and so forth. I believe I did have one in the truck but I found it a little difficult to see the 12.7 feet. So if they would just stake it and let us go back there. We can still close the hearing. There's not a problem there. But I just want to be able to see that if you wouldn't mind. MS. WICKHAM: That's not a problem. I think probably from the looks of the survey, there would be at least a 12 foot clearance. And my my recollection is that it's fairly level there. CHAIRM3~N GOEHRINGER: Yes. It's not bad. MS. WICKHAM: At least around the house. Ok. We can do that. CHAIRMAN GOEHRINGER: Ok. would you put .... MS. WICKHAM: Just the addition? You don't want the deck? CHAIRMAN GOEHRINGER: Yes. Well the deck is there. Could you just give us a call either to go in through yourself to tell us that you've staked it and then several of us will be down. We may not all be down at one time but we'll be down intermittant~y and we will definitely try and knock on the door and tell you that we are there. We thank you very much. Thank you. Is there anybody else who would like to speak in favor of this ap- plication. Anyone like to speak against the application. Ques- tions from Board members? I just want to ask you this. This is a one-story structure; this addition? MS. WICKHAM: Yes. CHAIRMAN GOEHRINGER: Alright. Hearing no further questions, I make a motion closing the hearing and reserving the decision un- til later. Ail in favor - aye. (Transcribed from tapes recorded electronically at the meeting by Linda Kowalski, ZBA Clerk.) ~_~.~.~.g.~ _~ ~dla Moore DEPARTMENT OF PLANNING ~U'~Ty'OF'SUFFOLK "e PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE g'. KOPPELM~ October 28, 1986 Town of Southold ' Zoning Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Co~ission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) John J. Newman ~R~ond T. Goodwin Arthur & Bernadette Burns Mr. & Mrs. John Bredemeyer Robert Waddington George & Pat Brown Michael Herbert Mr. & Mrs. Mark La Rosa Mr. Peter Capone, Pres. Rial Realty Corp. 3442 3530 3532 3533 3534 3536 3539 3540 3551 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals OCOUNTY OF SUFFOLK Peter F. COHALAN SUFFOLK COUNTY EXECUTIVE Septembei 26, 1986 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Raymond T. Goodwin 3530 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.I., NEW YORK 11788 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L,I., N.Y. 11971 TELEPHONE 1516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT 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 from the Zoning Code, Article III, SectionlO0-31 and ×I, 100-119.2(B) Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3530 Applicant: Raymond T. Goodw±n Location of Affected Land: 4450 2econic Bay Blvd., County Tax Map Item No.: 1000-128-4-22.2 Within 500 feet of: Town or Village Boundary Line Laurel, NY ×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 Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct kitchen addition ~ith an insuff, westerly sideyard permission to construct kitchen and deck additions with an insuff, setback fr~m fhp h~ghwat~r mark Copies of Town file and related documents enclosed for your review. Dated:october 24, 1986 Secretary, Board of Appeals Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 -c:OUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOERRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .JR. ROBERT J. DOUGLASS JOSEPH H. SAW.I,CKI ] Variance from ] Variance from ] Special ] Special ] Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, State of New York, hereby refers the following matter(s) to the Suffolk County Department of Planning: and Article IX, Section 100-119.2B IX the Zoning Ordinance, Article III Section 100-31 [ Determination of Bu$1ding Inspector' [ Exception, Article Section [ Permit, Article Section [ Application No. 3530 Applicant(s): RAYMOND T. GOODWIN Location of Property in Question:440 Peconic Bay Blvd, Laurel. Suffolk County Tax Map District 1000, Section 128, Dlock 4 Lot Within 500 feet of: Great Peconic Bay Town or Village Boundary Line XX Body of Water (Bay, Sound, or Estuary) 22.2 State or County Road, Parkway, Highway, Thruway Boundary of County, State or Federally-Owned Land Boundary of County, State or Federal Park, or other Recreation Area Existing Stream or Drainage Channel Owned by the County or' Estab- lished by the County Within One Mile of a Nuclear Power Plant Within One Mile of an Airport. Copies of the Board's findings and determination and f~le documents are enclosed for your perusal and file. Dated: September 21, 1986. ~ ~ ~_~__~cl__oU~:__~9~ ' APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICK[ Southold Town Board of Appeals NAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 September 18, 1986 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 P,Co Re: Appeal No. 3530 - Raymond T. Goodwin (Variances) Dear Gail: 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, either our office (765-1809) or (765-1802). please do not hesitate to call that of the building inspector Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda F. Secretary Enclosure Copy of Decision to: Building Department Suffolk County Planning Commission Kowalski Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 July 11, 1986 Re: Appeal No. 3530 - Raymond T. Goodwin (Variance) Dear Gail: This letter will acknowledge receipt of your recent applica- tion. The Members of the Board of Appeals will be conducting field inspections and environmental reviews as may be required by State and Local Laws prior to their scheduling your application for public hearing. Although the earliest available date for public hearing at this time is on or about August 14th, written confirmation will be sent to you within the·~next couple of weeks. A copy of the legal notice of hearings will be sent to you prior to publication in the Suffolk Times and L.I, Traveler-Watchman by our office. Please feel free to call if you have any questions. Yours very truly, mc Enclosure (Receipt) GERARD P. CHAIRMAN By Linda GOEHRINGER Kowalski Legal N ices 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 baaxing~ will ba held by tKO 8OUTII~LD TOWN BOARD OF APPEAL$ at the 8onthold Town Hall, Main Road, ~outhold, NY at a Regular Meet- lng eemman~ing at 7:30 p.m, on THURSDAY, AUGUST 14, lm and as follows: 7:35 p.m. Appeal No. 3536 - GEORGE AND PAT BKOWN~ Vartanc~ to the Zoning Ordi- nancy, Article IIJ, Section 100- 31. Bulk Schedule, for permis- sion to construct da~k addition to dwelling with reduction of exist~ lng nonconforming sideyard set- back, at 150 Briarwood Lane, Cutchogue, NY; County Tax Map Parcel No. 1000.138-1-3.' 7:40 p.m. Appeal No. 3477 - WILLIAM AND KATHERINE HEINS. Variance to the Zoning Ordinance, Article III, Sect/on 10q-31, Bulk Schedule, for ap- provai of insufficient area, width and depth of two parcels in this' prope~ed division or set.off of land located along the north side id No. 1000-140-2-23. ~oning )istrict: "A" Reeidantia~and Ag. 8:25 p.m. Appeal No. 3442 - IOHN J. NEWMAN. Variance o the Zoning Ordinance, Articlo ~l, Section 100-119.2(Bl for per- ,AssiGn to construct addition to [welling within 75 feet of high ,,star and existing bulkhead long James Creek, at 430 ~ ilors Needle Road, Mattituck, ;Y; County Tax Map Parcel No. o00-144-5-29.1 and 30. 8:35 p.m. Appeal No. 5535 - 4ORTH FOHK FRIENDS OF [ENYON TUTHILL~ Variance ~ the Zoning Ordinance, Article II, Section 100-30 for permission o use premises for a special fund* · aislng event in conjunct/on with ireworks display, at premises of ~ P. and TA. LaMorte, 895 4o~th Bayview Road, Southold, ,I Y; County Tax Map Parcels No. io00-70.13-20 (20.1 to 20,21, in- ~,:40 p.m, Appeal No. 3478 - i!LCKY JOHNffrON,~ Vaxio races for: (Il Building In~r~ ~ issue building permit allowing ~rized, prior to final 280-g acceea ~pproval, and (2) approval of ac- :ess in accordance with New fork Town Law, Section 280.a, ~ridge Lane Extension a~ Ore. ;on Read, over lands of Rokina, dentified of the Suffolk CounW 7:50 p.m. Appeal No. 3520 - THOMAS SHALVEY. Vari~ anco to the Zoning Ordinance, Article III, .Section 100-31, Bulk Schedule, for approval of insuffi- elint area, width and depth of two parcels in this proposed divi- sion or set.off of land located along the south side of Case Road, Cutchogue, NY; County Tax Map Parcels No. 1000-116-2- 15 and 16. 7:55 p.m. Appeal No. 3532 - ARTHUR AND BER- NADE~rE BURNS. Variance to the Zoning Ordinance, Article IH, Sections 100-30lC) and 100- 32, for permission ~o construct accessory tonnis court m the frontyard area, at 3525 Private Road #13 (right-of-way extend- lng off the end of Ruth P~)adi, Mattituck; County Tax Map Par- cel No. 1000-105-1-4. 8:05 p.m. Appeal No. 3433 - GAIL DESS1MOZ AND MICHAEL RACZ. Variance for approval of acce~s, New York Town Law, Section 280-a, over private right-of-way known as Hallock Lane and referred to as Private Road #10, extending off the north side of Sound Avenue Mattituck, New York, lover and along lands of Charles Simmons and Edward Harbes). County Tax Map ParceM No. 1000-112-1- 7 & 8, and to Parcel No. 1000- of Main Road, Or/ent, NY; 112-1-4 County Tax Map Parcels No. .f 8:10 p.m. Appeal No. 3530 - Tax Mapo as 1000-73-2-4, to premises of Johnston, identified on the Suffolk County Tax Maps as 1000-73-2-1. 9:00 p.m, Appeal No. 3513 - STEPHEN SHILOWITZ. Vari- ance to the Zoning Ordinance, Article Xl, Section 100-119.21B) for permission to construct con- dominium complexes within 75 feet of bulkhead and tidal water, at the west side of Sixth Street, Oreenport, NY; I000-49-01.25.1. Zone District: "M-Light Multi- ple'' Residence~ 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 of the subject hearing. For more information, please call 765-1809. Dated: July 17, 1986 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAL.~ GERARD P, GOEHRINGER, CHAIRMAN 1TJy31-5317 ~ariances to the Zoning Ordi- nance: (1) Article III, Section ~='100-31, Bulk Schedule, for per- mission to construct kitchen ad~ dition with an insufficient wes- terly sideyard setback and insuf- ficient total sideyards; (2) Article XI, Section 100-119.2lB) for per- mission to construct kitchen and \ deck additions with an insuffi- cient setback from the highwater mark along Peconic Bay, at 4450 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. ~1000-128-4-22.2. 8:15 p.m. Appeal No. 3533 - JOHN AND JEANNE BRE- DEMEYER. Variance to the Zoning Ordinance· Article llI, Section 100-31, Bulk &'hedule, for permission to locate single- family dwelling structure within 75 feet of ordinary highwater mark along Orient Harbor, Loca-, tion of Property: West Side of Bay Avenue, Orient, NY; County Tax Map Parcel No. 1000-26-1-8. 8:20 p.m, Appeal No. 3539 - MICHAEL HERBERT, Special Exception to the Zoning Ordi- nance, Article Ill, Section 100- 30~B){ 16] for permission to estab- lish "t~ed and Breakfast use," an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms. I.ocation of Property: 795 Pike Street, Mat- tituck, NY; County Tl~xMap Par- STATEOFNEW YORK ) ) SS: COUNTY OF SUFFOLK ) Katherine Bondarchuk ofGreenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, e Weakly Newspaper. published at Greanport, in the Town of Southold. County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy. has been regularly published in said Newspaper once each week for weeks successively, commencing on the __3_.~__ dayof July 19__ S6 PrinCipal Clark Sworn to bafc~ra me this dayoI .... ~ ~'~  ~ Suffolk ~un~ Ho. 4~9~6~ NOTICE kS HI~REBY GIV- EN, pursuant to ~ction 267 of the ~n of~uthold~ the fol[~ pubUc ~ ~ ~ · held by~ ~ SOUTHOLD ~WN ~D OF ~PEALS at the ~uthoid ~wn Hall, Main ~ad, Southold, NY at a ~gul~ M~ m~enci~ at ~:30 p.m. on THURSDAY, AUGUST. 14, 1986 and as follows: · 7:3~ p.m. Ap~ No. GEORGE AND PAT BROWN. Varian~ tO the ~ng Or- dinanc~ ~ticle Iii, Senior 1~-31, Bulk ~h~ul~ fo~ ~r- mission to cons~ d~k addi- tion to dwel~g$ ~ ~uaion of existing .n~conforming sid~aM set'ok, at,l$0 Briar- wo~d~ ~ Co~osu~ ~; County ~ .M~A~I No. 1~1~6-1-~ . 7:~ p.m. Ap~ N~ 3~77- WILLIAM ~,. AND ~T~ H~NS ,V~i~ to the ~g 0~ ~i. cie Ill. ~flon 1~1, Bffi Schedu~ for ~p~ of~uf- TY OF SUFFOLK STATE OF NEW YORK 1000-19-2-5 and 6. 7:50 p.m. Appeal No. 3520- THOMAS SHALVEY. Variance to the Zoning Ordinan~ Arti- cle I11, Section 100-31,~Butk Schedule, for approval of insuf. ficiem area, width and depth of two parcels in this proposed division or set-off of land located along the south side el Case Road, Cut~ogue, N~ Cosi~y Tax Mal~. Parcel 1000-I16-2.15 and 16, 7:55 n.m;·A~p~al No NADETTE BURNS. Variance to the Zoning Ordinance, Arti- cle Ill, Section 100-30(C) and 100-32, for permission to con- struct accessory tenltis court the frontyard area, at :3525. Private Road No. 15 (right-of? way extending off'the end of Ruth Road), Mattituck; Coun- 'ty Ta~ Map Parcel No. 1000.105.1-4. 8:05 p.m. Appeal No. 343]~ GAlL DESSIMOZ AND.. MICHAEL RACZ. Variance4~' for approval of access, New'~ York Town Law, Section as Halleck Lan~.~ nff~rn~l t~ as Private Road ~. 10 *xfeR- ding off the noril~ ~:~ of Avenue, Matritue~, ~ York; (over and along ~ of Cbarles Simmons and Edward County Tax Map lhsrcel No. Patricia Wood, being duly sworn, says that sh Editor, of THE LONG ISLAND TRAVELER-WAT( a public newspaper printed at Southold, in Suffolk and that the notice of which the annexed is a pr nt, has been published in said Long Island Traveer-Wl~ once each week for ..................... ~' .... successively, commencing on the .3/ Sworn to before me 8:40 p.m, Appeal No. ficientarea, widthanddepth'of ' la'~a m~c:~'V JOHNSTON two p~e~ m t~ p~o~s~ .... ~' ' ' n. Main ~ad, Orient, NY; ~un, ty Tax Map Parcel proval of aCCeSs in accordance with New York Town Law, Sec. tion 280-a, over private t ~ht-of- way ~ttendinff from the norther- ly end of Brid~e Lane Extension and Oregon P-amd, ove~lands of Roklna. identified on the Suf- folk County Tax Maps as 100-73.2.4, to preinhes of Johnson, tdentffied on the Suf- folk County Tax Maps as 100-73-2-1. 9:0~ p,m, Appeal No '3513- · STEPHEN SHILOWITZ. Variance to the Zoning Or- dinance, Article Xi, Section 100-119,2(E) for permission to co~trg¢l con. dominlum com- ple~tes~' 'within ?5' feet of bulklmid and tidal water, at the v~lt side of Sixth Street, Gmen- N ;.100wsg-01-25.1 Diltrict:' "M'-LiJtht Multiple lira Board' of Appeals will h~r at ~id time and place all l~*sons or ~la~es¢lit~tives desk- in~ t9 b~ heard in each of the, above h~rings, Written corn-. m~n~ my also be submitted prior'lo the conclusion of the subj~:t bern'ins, For more infor- mation, please call 7654809. Dated: July 17, 1986 BY ORDER OF THE Scs* ~THOLD TOWN 3F APPEALS GERARD P. GOEHRINO} CHAIRMAN this lotary Public BARBARA FORB[ S y Public, State et New York ssion Expires ~"~"~7 ~/ 19 cO,¢ ,~ 8:10 p.m. Appeal No. RAYMOND T. OOODWlN,\ Variances Io the Zonin~ Or-I dinance: (1) Article I11, 5ectlon~ 100-31, Bulk Schedule, for per-'/ mission to construct kitchen dition with an nsufficent/ westerly sideyard setback and in-{ sufficient total sideyards; (2) Ar-~ tide XI, Section 100-119.2(B) for\ permission to construct kitchen~ and deck additions with an in-~] sufficient setback from theJ highwater mark along Peconic! Bay. at 4450 Peconic Bay/ BouleVard, Laurel, NY; Couut~ Tax Map Parcel N6. 1000-128-4-22.2. 8:15 p.m. Appeal No. 3533- JOHN AND · JEANNE BREDEMEYER. Variance to the Zoning Ordinance, Article Ill, Section 100~31, Bulk Schedule, for permission to locate single-family dwelling structure within 75 feet of or- dinary highw~ter mark along Orient Harbor. Location of Pro- perty: West side of Bay Avenue, Orient,, NY; County 'Pax Map Parcel No. 1000-26-1-8. 8:20 p.m. Appeal No. 3539. MICHAEL HERBERT. Special Exception to the Zoning Or- dinance, Article III, Section 100-30(B)[161 for permission to establish "Bed and Breakfast use;' an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms. Location of Property: 795 Pik~ Street, Mattituck, NY; County 'Pax Map Parcel No. 1000-140-2-23. Zoning District: "A" Residential and Agricultural· 8:25 p.m. Appeal No. 3422- JOHN J. NEWMAN. Variance to th~ Zoning Ordinance, Arti- cle XI, Section 100-119.2(B) for permission to construct addi- tions to dwelling within '/5 feet of high water and existing bulkhead along James Creek, at 430 Sailors Needle Road, Mat- tituck, NY; County 'Pax Map Parcel No. 1000-144-5-29.1 and 30. 8:35 p.m. Appeal No 3535- NORTH FORK FRIENDS OF KENYON TUTHILL. Variance to the Zoning Ordinance, Arti- cle lit, Section 100-30 for per- mission to use premises for a =special fund-raising event in conjfinction with fireworks display, at premises of W.F. and T.A. LaMorte, 895 North Bayview Road, Southold, NY; County Tax Map Parcels No. 1000-70-13-20 (20.1 to 20.21, inclusive). Southold Town Board of Appeals HAIN ROAD- 9TATE ROAD 25 9OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H, SAWlCKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to call our office, 765-1809. Yours v e ry~., ~ ~ Gl~RARD P. GOEHR[~NGER ~ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk JUDITlt T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 23, 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. 3530 application of Raymond T. Goodwin with Wickham, Wickham & Bressler as agent. Also included are accompanying papers as outlined in the letter of transmittal from Abigail A. Wickham, dated June 20, 1986. Judith T. Terry Southold Town Clerk WICKHAM, WICKHAN1 & BRESSLER, MAIN ROAD, P.O, BOX 1424 MATtlTUCK LONG ISLAND NEW YORK 11952 §16-~98-8353 June 20, 1986 Southold Town Board of Appeals Town Hall - Main Road Southold, NY 11971 Re: Application for Variance Raymond T. Goodwin Gentlemen: Enclosed are the following in connection with application: the above 1. Application, in triplicate; 2. Notice to Adjoining Property Owners Wlth Affidavit of Service thereon; 3. Short Environmental Assessment Form; 4. Wetlands letter; 5. Notice of Disapproval from the Building Inspector; 6. Copy of the tax map; 7. Five prints of the survey; 8. Check in the sum of $75.00, representing the application fee. If any further information is required, please contact us as soon as possible. Very.~r~ly yours, Abigail A. Wickham /emu encls. TOWN OF SOUTHOLD, NLrW YOItK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE J..u..~.e.... ~...0. ,.....1..9..~.~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ....R~....~_~O..N...D.....T........G..O..O. pW..I..N.. ..................... of 157 Oxford Blvd. Name of Appellant Street and Number Garden City, New York ERE ......................................................................................................................... H BY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..Ma.y...21,....19~6 ....................... WHEREBY THE BUILDING INSPECTOR DENIED TO RAYMOND T. GOODWIN Name of Applicant for permit of ...... ......................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) P~RMIT TO CONSTRUCT KITCHEN ADDITION & DECK Laurel, - ~'A:: Agricultural & 1. LOCATION OF THE PROPER'FY4~..SO...~..e.~.f~.Tt,i.Q..~ftY...~.],.~.,.~vy., .................. Re~.ide~.ial 1000-128.00- Street Use District on Zoning Map 04-0~..2.:..1...8...&.....0...2..2..:..2. ................................................... Current 0whetRAYMOND T. & NORMA GOODWIN Tax Map No. Lot No. 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.) Art. III, Sec. 100-31 Bulk Schedule Co. A & Art. XI Sec. 100-119.2 B 3. TYPE OF APPEAL Appeal is made herewith for g ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ]X(~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeat 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 reauested for the reason that applicant would like to add an addition with f~s~!=f[dient side yard and would also like to replace a patio and deck within 75 feet of the mean high water mark of Peconic Bay as shown on the attached sketch. Form ZB1 Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulti~ orunneces- sary HARDSHIP becau~ (1) As to the addition with insufficient side yard, the applicant's lot is very narrow, and compliance with side-yard requirements is therefore difficult. The proposed addition would be 12.7 feet from the side line at its closest point and would extend no further than the existing concrete patio at the rear of the building. The width of the addition is necessary to install an interior stairway to the basement through the existing basement door. (2) As to the deck, the proposed deck will be in the exact same location and have the same dimensions (except height) as the existing deck. The purpose is to raise the level of the deck to avoid the existing step down from the sliding glass doors at the front of the house. The hardship is that the entire house is within 75 feet of the mean high water mark, and the ordinance would prevent the improvement of an existing structure. 2. The hardshipcreated is UNIQUEand isnotshared by all properties alike in the immediate vicinity of this property and in this use district because applicant is limited by the location of the existing dwelling and the patio being replaced. Consultations with architects have shown this to be the most feasible place for the addition. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the addition will be no closer to the side yard than the existing patio, and the new deck is merely a replacement. The addition will be further from the sideyard than the westerly neighbor's dwelling and will be behind the neighbor's house so as not to block the view of the water. STATE OF NEW YORK ) ) ss COUNTY OFSUFFOLK ) Sworn to this ......... 2.0~'l. ........................... day of ........... ~L3D.gx ................................. 1986 BOARD OF APPEALS. TOWN OF SOUTHOLD : In the Matter or' the Petition of : RAYMOND T. GOODWIN : to the Board of Appeals of the Town of Southold TO: Mr. Robert Potdevin NOTICE TO ADJACENT PROPERTY OWNER Mr. & Mrs. Leonard Plechavicus 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) ~J~[~j~~ ). 2. Thattheproperty whichisthesubjectofthePetitionislocatedadiacenttoyourpro~rtyandisdes. cribedasfollows:4450 Peconic Bay ~lvd.. Laurel, NY - Suffolk Co. Tax Ma~No.: 1000-128.00-04-022.18 & 022~2, Bounded on the South by Peconic Bay,Un the North by Yeconic Bay Boulevard, on the west by Yotdevin anu on tn East by P!cc.havicuC 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Resldmntqal g Agrqe. l tl~rml 4. That.by such Petition, the undersigned will request the following relief: Permission to add an addition wzth insufficient side yard and to replace a patio and deck 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Articles .I. II & Sections lOO-~] Rulk ~qah~d. Col.A g- lOft-]'lq.2 R: [ ] Section 28~-A, New Yo~k Town Lat~'~L~'0Vv~J~Yof access over' r'~ght(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 Southoid 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 Hght to appear and be heard at such hearing. Dated: June 20 , 1986 ~ Petitioner 0wner's'Names: RAYMON-D T. & ~ORMA Post Office Address 157 Oxford Blvd. Garden City, New York 11530 (Tel. 747-3947 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED ~4AIL RECEIPTS ADDRESS MR. ROBERT POTDEVIN 208 Beechwood Road Ridgewood, N.J. 07450 LEONARD PLECHAVICUS 100 Cedar St., Apt. A47 Dobbs Ferry, NY 10522 p 677 29 · FO! ELLEN M. SKI , residing at M'n rr~ h,,~ Mew ¥mrk , being duly sworn, deposes and say~ that on the20th day of JuRe) , 1986 , 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- fice at M~t-r~ h,,-.L-, M~w (certified)~.~i~kt, f~;~ rna U ~ Sworn to before me this 20th d~~y Pub~ic,~ ; that said Notices were mailed to each of said persons by ELLEN M. URBAN~KI FRAN~.LYN A. FARRIS NOTARY PUBL!C Sta e o New¥0r;~ No. 4742040. Suffolk County~---~ Comm. Expires Ma~ch ~, 19~ / (~is s~de does not have to be completed on form transmitted to adjoining owners.) Fde ,~.Y.~Envlronmental Quality I{(: w Act requires sue- mission of ~.s form, and an environme 1 review wfll be made by this board before any action is taken. .: (a) In order to answer the questions in this short £AF Is is ass'shed that the preparer will uee c:rrently available Infor,-,.aticn concerning :he proJsc: and l~e{y ~c~ o~ ~he aec!on, I~ Is not e~ccted ~ha~ addi~lor,ai lb) if any Ouestlon ha~ been answered Yes thn pvoJoc~ ~y be ~l~l~Ican~ and .. (c) If all que~:~on~ have been answered No l: ~ likely ' ' ..... '~"~'"~';~;i "i. W~I project reset in a large phyuical c~mn6e 'J' , to the project site or physically slter mor~ -: :: - 2, ~iZ~ there be a ~Jor chan&e to any ~2que or . .'~ 3. W~i project alter or ~vs a large affect on an exist~n& body o~ water? . . . . , * ' · · · Ye~ &. W~2 pro,et: h~vu a potentially large ~ on ~ ". ~, W~I project si~iflcantly effect drainage ~ -- .: / -. 6. Will project affect any t~eatened or endanEerod pla~t or a~LT.%I ~pecies? , , , , , , · · , , · Yes / NO 7. W~l project reset In o major edverse effect o~ ~'x / · * * * * ., Y~s., 8, W~l project have a ~ajor effect on vl~uel c~ :, .:-~ .., kno~ to be ~portant to thc cor.~un~ty? . . . Yes '~' ~"'"~ ute of his~oric, pro-ai~corlc, or pal~oncolo&tcul ' - Importance cz any elto decimated as a critical *, ' :~.,;'¥'~ · * ., No ..... env~ro~en~l are~ by a local a~onc~? , ~em ~. 'W~I project have ~ m~Jor eB~ec: on exf~t~ or ~uture recreational opport~qltlo~? * · .,, ~e~ 11. Will project reeult In ~or traffic problems or :.,,.,~. cause a major effect to exXa%ing :ran~por%aticn /.dj lY. Will project reg~arl7 cause objectionable odor:, nolue, glare, vlbra%lon, or electrical dl~%ur~ anco an a reset of t~e project's operation? . Yea '/ No 1), 'Will project have any impact on public health or 1~, ~1!1 project Affect %he extstini cO.unity by directly cau~in~ a growth in ~crm~nent poptda- ticn of more t~an 5 percent OVer a on.year charact~ of the community ~r nelgn~orhocdy.. Ye9 ... No Junto 20, 1986 (Today' s To: Re: Southo!d Town Board of Appeals Main Road Sou~hold, NY 11971 Appeal Application of RAYMOND T. GOODWIN Location of Property: _ 4550 Peconic Bay Blvd., Laurel. New York - Tax Map #1000-128.00-04-022.18 Dear Sirs: In reference to the New York State Tidal Wetlands Land-usc Regulations, 6 NYCRR, Part 661, and Article 25 of the ~.le:.; York State. Environmental Conservation Law, please be advised that th subject property i,n the within appeal application: (please ch,~ck one box) [ May be located within 300 feet of tidal wetlands; however, 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'e '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 located within 300 feet of tlda! wetlands; and there is no bulkhead or c ~ ~-~. 'on the premise~, cn ..... wall e?.is~'n~, Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [~;tarred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.s. D.E.C.I Sincerely yours, IIOTE: If proposed project falls witqkin D.E.C. jurisdiction, approval must be received an.d submit~6d to our office before your application can be scheduled for a public hearing. TO WHOM IT MAY CONCERN: DATE: I wish to disclose the following statement in the event the property in question should be pending a rea~ estate activity with Celic Estate Agents, Inc., who holds my conditional salesperson's license: I have no interest whatsoever in the sale of this property and am not a p~rt of any other pending real estate activity of a business or professional nature which might be a conflict with my secretarial duties as Stenographer/Secretary of the Board of Appeals of the Town of Southold. Linda Kowal ski