The URL can be used to link to this page

Home My WebLink About3397Southold Town Board o£Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11S71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPE~S Appeal No. 3397 Application Dated September 4, ]985 (Public Hearing October 3, ]985) TO: Gary Flanner Olsen, Esq. as [Appellant(s)] Attorney for DONALD W. AND JUDIIH L. EUCHSINGER, Main Road, Box 706 Cutch0§ue, NY ]]935 At a Meeting of the Zoning Board of Appeals held on 0ct0ber 24: ]985, 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 ZoninQ Ordinance Article XI , Section ]00-]]9.~(8) [ ] Request for Application of DONALD W. AND JUDITH L. LUCHSINGER - Appeal No. 3397, Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to construct addition to dwelling with insufficient setback from the ordinary highwater mark along Deep Hole Creek, premises known as 830 Lupton's Point, Mattituck, NY; County Tax Map District 1000, Section 115, Block 11, Lot 16. WHEREAS, a public hearing was held and concluded on October 3, 1985, in the Matter of the Application of DONALD W. AND JUDITH L. LUCHSINGER, Appeal No. 3397; and WHEREAS, the board members have personally viewed and are familiar with the premises in question and the surrounding area; and WHEREAS, the board has considered all testimony and documentation submitted concerning this application; and it is noted for the record that there has been no public opposition; and WHEREAS, the board made the following findings of fact: 1. The property in question is located at the south side of a private right-of-way known as Lupton Point Road, extending off the east side of Marratooka Road, Mattituck, New York, is located in the "A" Residential and Agricultural Zoning District, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 115, Block 11, Lot 16. 2. By this application, appellants request permission to construct an open (unenclosed) deck of an area of 450± sq. ft. and attached addition of an area of 110 sq. ft. to be placed at the rear of the existing single-family dwelling structure, at an angle with the house set back from the bulkhead at its closest point not less than 45 feet and as shown on the sketched survey submitted with this application. 3. Article XI, Section 100-119.2, sub-paragraph (B), requires all buildings to be set back not less than seventy-five (75) feet from the ordinary highwater mark or the landward edge of tidal wetland, whichever is greater. 4. The subject premises (CONTINUED ON PAGE TWO) DATED: November 5, 1985. Form ZB4 (rev. 12/81) fronts along Lupton Point Road 100 CHAIP~N, SOUTHOLD TO~N ZONING BOARD OF APPEALS Page 2 - Appeal No. 3397 Matter of DONALD AND JUDITH LUCHSINGER Decision Rendered October 24, 1985 feet in width, and has an average depth of 191.67 feet and is improved with a single-family dwelling set back at its closest point to the existing bulkhead at 65 feet. 5. It is the understanding of the board that the present dwelling's westerly sideyard is open and free of obstructions to a width of 18 feet, which will be maintained in order to provide access to the rear areas and which will not be further reduced. In considering this appeal, the board finds and determines: (a) that the proposed construction is landward of existing struc- tures, inclusive of bulkhead in very good condition along waterlying edge of the premises; (b) that there are no wetlands affected by this construction; (c) that the circumstances of this appeal are unique; (d) that there is no other method feasible for appellants to pursue other than a variance; (e) that the interests of justice will be served by allowing the variance, as noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Goeh- ringer, it was RESOLVED, that the relief as applied under Appeal No. 3397 in the Matter of the Application of DONALD W. AND JUDITH L. LUCHSINGER, for permission to construct deck and addition at a setback of not less than 45 feet from the existing bulkhead, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITION: That the deck area remain open 2'8" x 14' x 7'9" x 10'8" area floor area). as applied (except for the slated for extended living Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk GERARD P. GOEHRINGER, C~IRMAN November 6, 1985. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK Town Clerk, Town of ??i~?~___ APPEALS BOARD MEMBERS GERARO P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2r-, SOUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, Law and the Code of the Town hearings will be held by the the Southold Town Hall, Main Meeting commencing at 7:30 p.m. and as follows: pursuant to Section 267 of the Town of Southold, the following public SOUTHOLD TOWN BOARD OF APPEALS at Road, Southold, NY at a Regular on THURSDAY, OCTOBER 3~ 1985, 7:35 p.m. PETER AND HELEN PURIC - Appeal No. 3401 - Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition with reduction in total sideyard area, at 1250 Second Street, New Suffolk, NY; County Tax Map District lO00, Section ll7, Block 07, Lot 23. 7:40 p.m. JANE M. WREN - Appeal No. ~398 - Variance to the Zoning Ordinance, Article XI, Section lO0-118(E) for permission to expand nonconforming building by more than 50% of fair value, at 3355 Soundview Avenue, Mattituck, NY; County Tax Map ~istrict 1000, Section 94, Block Ot, Lot 16. 7:45 p.m. WILLIAM NEDOSZYTKO - Appeal No. 3395 - Var'iance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot width (road frontage) of this proposed 80,000 sq. ft. parcel to be set-off from 27.934 acres, located on the west side of Aldrich Lane, Mattituck, NY; County Tax Map District lO00, Section 124, Block l, Lot 2. Page 2 - Notice of Hearings Southold Town Board of Appeals Thursday, October 3, 1985 7:50 p.m. DONALD W. AND JUDITH LUCHSINGER - Appeal No. 3397 - Variance to the Zoning Ordinance, Article XI, Section lO0-119.2(B) for permission to construct addition to dwelling with insufficient setback from the ordinary highwater mark along Deep Hole Creek, premises known as 820 Lupton's Point, Mattituck, NY; County Tax Map District lO00, Section ll5, Block ll, Lot 16. 7:55 p.m. HOWARD HOEY Appeal No. 3391 Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of insufficient lot area and lot width of one parcel in this proposed division of land located on the south side of Main Road, Orient, NY; County Tax Map District lO00, Section 19, Block 1, Lot 14.1 (14). 8:00 p.m. PHILIP G. HORTON - Appeal No. 3392 Variance to the Zoning Ordinance, Article III, Section 100-31, and Article VI, Section lO0-61, for approval of insufficient lot area and width of parcels in this proposed set-off division of land located at the South Side of Main Road, Peconic, NY; County Tax Map District lO00, Section 85, Block 03, Lot 005. 8:05 p.m. THEODORE AND MARIE PETIKAS'- Appeal No. 3389 Variance to the Zoning Ordinance, Article II, Section 100-22(D) for permission to utilize entire premises (located partly in the "A" Residential Zone and partly in the "B-Light" Business ~one) for "B-Light" Business use in accordance with Article VI, Section 100-60. Location of Property: Corner of North (Main) Road and Sound Road, Greenport, NY; County Tax Map District lO00, Section 35, Block O1, Lot 8. The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the hear- ing in question. For more information, please call the Office of the Board of Appeals at 765-1809 (alt. 1802). Dated: September 12, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Notice of Hearings for October 3, 1985 Regular Meeting Copies of the Legal Notice to the following on Or about 9/20/85: By Mail: Earl T. Miles, Esq. for Peter and Helen Puric Also Ron Morizzo .Builder Mr. William Berliner, Jr. for Jane M. Wren Abigail A. Wickham, Esq. for William Nedoszytko Gary Flanner~Olsen, Esq. for Luchsinger Samuel J. Glickman, Esq. for Howard Hoey Michael J. Hall, Esq. for Philip G. Horton " " for Theodore and Marie Petikas Henry Tasker, Esq. in opposition Re: Petikas Posted on Town Copies to: ZBA Members ZBA Individual Building Dept. ZBA Bulletin Clerk Bulletin Board 9/20/85 files (Vic) Board (office) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ~ Date..~~..../?. ..... 19 .~."- ~ y~ application d~ ~ ..... ~( ........ , for pe=it to ~. ~/~.~. ~ ..................... at Location of Property ~o~...~~. ~ .......... County T~ Map No. 1000 Section ..... /~... Block .../( ........ ~t . O~ ........ Subdivision ................. Filed Map No ................ ~t No .................. is returned herewith and disapproved on the follow~g ~ounds .~~.. ~~ .................... -.. Bu~ldin~ Inspector RV 1/80 FORM NO, 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 Exanfined ................ , 19... Approved ................. 19... Permit No ............ Disapproved a/c ..................................... BLDG. DEPT TOWN OF SOUTHOL P Received ........... ,19... (Building Inspector) APPLICATION FOR BUILDING PERMIT 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 of~ premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit· d. Upon approval of this application, the Building Inspector will issued[ a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by 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, ~ad~I, egulations, and to admit authorized inspectors on premises and in building for necessary j~tions. _ -[Signature of applicant, elf name, if a coq6o, ratiorl) · (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ~,~/:c..,~...;..s. o,,,,_r .............................. ~ ........ .. Name of owner of pre,nises .~.~ ~ ~-/.~... ..........(as on the t&x roll or latest deed) tf applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No.....~-'L~ .~ ........ Plumbers L,cense No..[.~.=.~ ............~'/ Electrician s License No ....................... Other Trade's License No ...................... Location of land on which proposed work will be done .................................................. ......... ~ ............... &.~ .... .~ .... /..q.;.~ ........................ ~. .... .~ .............. llouse Num bgr Street lfamlet County "Fax Map No. 1000 Section ...... f./.~. ...... Block ....... /./ ......... Lot ..... ./..~ ........... Subdivision ..................................... Filed Map No ............... Lot ............... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ~q'; r/ ~ /~ .~. ct r~ ,'/~ b. Intended use and occupancy ....... ~.;.~.~.L.R- .... .~..ox..tv3..~' l~...~{~.~.~;q,J/tt,' ~1~..~..'~.5...Cc~.=(~4~.'. ~... 3. Natureofwork(checkwh~cbapp~ble):NewBuilding ' Addition .... .L~..i.. Alteration ....t~... Repair ~aa,a.&. ~ ~.- · Removal .............. Demolition .............. Other Work ....... ~ ~ ~ ~ ~ ~ (Description) 4. Estimated Cost ..... ~ ~ ~ O Fee ' ' ~ ~ (to be paid on filing this application) 5. If dwelling, number of dwelling units ...... ~ ....... Number of dwelling units on each floor.. [ .......... If garage number of ca~ ............ ~ . , . ' ' 6. If business, commercial or mixed occupancy, specdy n0t~re and extent of each type of u~ 7. D~ensions of existing structures, if any: Front ..... {~ ....... Rear . .~ ~ ......... Height .... (~ ........ Number of Stories ...... ~.~. ~ ....................... D~ensions of same structure with alterations or additions: Front .... ~ .......... Re;; ~ ~ ~ ........... Depth ....... ~ g ............ HeiSt ... ~.~ .~. ~. .......... Number of Stories 8. Dimensions of entire new construction Front ....... ~ ...... Rear .............. ~t~';~;~;;~ 9. Size oflot' Front /O~- ~ Re~ /0/.~ ~ ..""~ ............... .......................... Dept .,. 10. Date of Purchase ~ t /~g~ Nam~Cc .... ~L' ~""O~']i"~ ..... 11. Zone or use district in which premises are situated.. . ........... 12. Does proposed construction violate any zoning law, ordinance or regulation: ............................... 13. W~llotberegraded ...~f~-(~/~-.-/.:..~illex~ss~llberempve4~ro~premises: 14. N~e of Owner of premises . ~.~ ~.~/~ .~.~.~ ~ress {/~ ~. ~. ~Phone No. ~ N~e of Architect ........................... Address ................... Phone No ................ N~e of Contractor .......................... Address ................... Phone No ................ PLOT DIAG~ Locate cle~ly ~d dis~ctly ~1 bufldMgs, whether existMg or proposed, ~d~indicate ~ ~t-back d~ensions from prope~y lines. Give street and block number or description according to deed, ~d ~ow st~et n~es and indicate whether interior or corner lot. STATE OF NEW YORK, ....~..o..~./...~-~...c~.. ~:~.. ~:..~./~ ........... being duly (Name of indNidual signing c~act) above named. sworn, deposes and says that he is the applicant He is the ......................................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this 1. Notary Public ....... Coun f2 ~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECI,S,ION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Donald W. Luchsinger and l, (We) .J. udJ. LtL:L....LuchsJ. nger. ......................... of . .~ (~a ~.) LupL0n..P.0int .................. Nome of Appellant Street and Number ................ ~.a..t.,l::!.~.u..c..k. ............................................................. .N..e.¥...Y.0.r..I.l.l.k. .......... HEREBY APPEAl TO Municipality Stole APPEAL NO. ~-~77 TIlE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY'~FHE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) D q !! .a. 1 cl... ~/.,.. k.u.ch.s.i ~ge.r...atica..J.ud. i.t. tt..L ....L u c h s i n g e r Nome of Applicant for permit of ( O.~...~)...kUP. t, Qn..P.Q 1 n t, .................... Ma.t.ti.ttzc~. .................. ~e~..Y. Qr.k ..................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY VARIANCE p ' Agric/ I. LOCATION OF THE PROPERTY ..... [~q..~.~gh~9~z~Z ...k~qq..~q~.Q~,...~qtit9c~ ....... Street Use District on Zoning Map Resid. Map No. Lot No. Suffolk County Tax Map # 1000-Il5-11-16 2. PROVISION (S) OF TEtE ZONING ORDINANCE APPEALED (Indicate lhe Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) _Article xI S~ction lnnfl_llC~_2_B , 3. TYPE OF APPEAL Appeal, is made herewilh for (X) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Laws Art, 16 Sec. 280A Subseclion 3 4. PREVIOUS APPEAL A previous appeal [~X,~) (has not) been made with respect to this decision of Ihe Building Inspector or with respect Io this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated .............................................. : ....................... ( ) (X) ( ) P, EASON FOR APPEAL A Variance to Section 280A Subseclion 3 A Variance to the Zoning Ordinance is requesled forthe reason thai applicant seeks to construct an addition less then 75 feet from tidal: wet lands on bulk headed property as shown on a survey by Roderick Van Tuyl dated May 8, 1985. (Conlinue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because app]ican[ seeks to construct an addition [o an existing house. Due to the fact that said construction will take place less than 75 feet from wet lands, this variance is requested. Due to the fact that property is bulkheaded there wil! be no adverse effects to the wet landis. 2. The hardship created is UNIQUE nnd is not shored by oil properlies alike in the immediate vicinity of this property and in this use district because applicant seeks to build an addition on bulkheaded property which Would not result in any adverse effects on wet lands. Due to the fact that there is no exception in the Town Zoning Ordinances relieving a property owner from having to apply for a var,lance, even though the property is bulkheaded this application is necessary. .._. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there is already existing on the premises a residence and app!lcan[ simply seeks to put on an addition to same, including a deck, which addition and deck would not change the character of the neighborhood. STATE OF NEW YORK ) ) ss CouNTY OF ~folk ) inet Ots~9~!u~t~orney for Luchstnger Sworn to fl~is ........ .4.ti1 ................................. day ol ....... S~p:L,~(i~er. .................................. 19 85 TOWN OF SOUTHOLD PROPERTY RECORD CARD th'-~ . OWNER FORMER OWNER RES. L~ND '~00 /~*° AGE SEAS. IMP. STREET VL. DATE BUILDING CON~ITIO~ FARM TOTAL NEY/ NORMAL BELOW ABOVE Farm Acre Velue Per Acre Value Tillable 1 Tillable 2 Tilyble 3 Waodland ~ - S~mpl~3nd. Br{shland H~se Plat VI LLAGE COMM. J IND. JCB. REMARKS DISTRICT ]__ ~" -..~4,- ACREAGE ~,...,~ LOT TYPE OF BUILDING Total :.TCALE- .50: u.~ ~outhold Town Board of Appeals -7- October 3, 1985 Regular Meeting (Appeal No, 3395 - WILLIAM NEDOSZYTKO hearing, continued:) On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close (conclude) the hearing and reserve decision in the Matter of Appeal No. 3395, Application of WILLIAM NEDOSZYTKO. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to bad weather conditions.) This resolution was adopted by unanimous vote of the members present. 8:03 p.m. PUBLIC HEARING: Appeal No. 3397. Matter of DONALD W. AND JUDITH LUCHSINGER. Variance to construct addition to dwelling with insufficient setback from ordinary highwater mark along Deep Hole Creek. 820 Lupton,Point, Mattituck, New York. The Chairman opened the hearing at 8:03 p.m. and read the legal notice of this hearing and appeal application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey indicating a house placed approximately four feet to the east property line, 18 feet to the west property line, 41 feet from the north, with no indication as to how far the house is placed from the bulkhead. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. It indicates to me that there is a deck that is proposed in this particular application, which I will ask the attorney in reference to size, since it is irregularly shaped. Mr. Olsen, would you like to be heard? GARY FLANNER OLSEN, ESQ.: My name is Gary Olsen, attorney for the applicants, having my offices at Main Road, Cutchogue. As you can see from the survey there is already a preexisting house that was built prior to zoning, and what the applicant seeks to do is square off the house to help given some additional room inside. I think that actual addition to the house is about llO sq. ft., and then in order to take advantage of the lovely view over Deep Hole Creek, he wants to construct a deck between the house and the creek. Due to the fact that the zoning code was written in such a way that there was no exception to allevi- ate the necessity of applying for a variance on any construction behind bulkheaded property, we have to of course go through this variance procedure. The deck I unerstand will have approximately 450 sq. ft. I have scaled the distance of the edge of the deck to the bulkhead at about 45 to 50 feet. It's respectfully sub- mitted that in no way would the zoning code be adversely affected by the granting of the variance, and I also wish to point out §outhold Town Board of Appeals -8- October 3, (Appeal No. 3397 - DONALD W. AND JUDITH LUCHSINGER 1985 Regular Meeting hearing, continued:) MR. OLSEN (continued:) that the N.Y.S. Department of Environmental Conservation has even waived jurisdiction in matters where the construction takes place behind bulkheaded property. I also have a letter from the Board of Trustees that was addressed to me dated September 30th. I'll read it to you for the record. "...Dear Mr. Olsen: Please be advised that the the Board of Town Trustees September 25, 1985: following action was taken by at .a regular meeting held on RESOLVED that the Town Trustees of the Town of Southold hereby grant a waiver on the need of a wetland permit for Dr. and Mrs. Donald Luchsinger for the construction of an addition to an existing residence and a deck on property referenced above, subject to the following provisions: 1. Roof run off shall be discharged into dry wells. 2. Care should be taken so as to preclude the entry of any construction material into adjacent waters. 3. Immediately following construction, all areas of exposed soil shall be properly protected with suit- able erosion control devices and/or vegetated to prevent entry of eroded soil into nearby waters. Very truly yours, Henry P. Smith, President Board of Town Trustees .... I have discussed these provisions with my client, who is here tonight; and we have no problem in living up to any of those requirements. If you've looked at the property, and if you haven't, then I assume you will, the bulkhead, the level from the top of the bulkhead to the beach below is approximately four feet, and then there is an increase from the top of the bulkhead up to the foundation level. Also, we received from the contiguous landowners on the both sides of this house letters or notes that were written on the bottom of the notices that we sent to them; I'll give them to you also for the record: ~outhold Town Board of Appeals -9- October 3, 1985 Regular Meeting (Appeal No. 3397 - DONALD W. AND JUDITH LUCHSINGER hearing, continued: MR. OLSEN (continued): This one is from a Joseph R. Corso and Camilla Corso: ...We, the undersigned adjacent property owners, have no objec- tion to the above application for a variance. We urge that the request of the petitioners be granted. We have been shown the proposed plans. Dated; September 6, 1985 .... I also have a statement from the adjacent landowners on the other side by the name of Markel: ...We have studied the plans submitted for the remodeling of the waterfront side of the Luchsinger home and feel that they are necessary for the adequate use of the prem- ises and that they do not pose a threat to the wetlands. We urge that an appropriate variance be granted. Dated: September i4, 1985 .... So, I'll submit all of this to you for your file. (Copies of both replies submitted for the record.) CHAIRMAN: Can I just ask you a question, Mr. Olsen. This is the part that is going to be enclosed, is that correct? MR. OLSEN: The enclosure is only about llO sq. ft. CHAIRMAN: It's just across the front then? MR. OLSEN: There was a tree, where you see this indentation on the survey, there was a tree there, which is now gone and what he wants to do is close off that, and I would point out that ib looks like what he is doing as far as the addition part to the house itself is really within the confines of the existing setback of the house itself. CHAIRMAN: Yes, no problem. I was down there last night. I parked in the neighbor's driveway because all the trees were down. MR. OLSEN: But it's just-- CHAIRMAN: That part right there that is going'to be enclosed and the rest of it will remain open. You have no intention of enclosing the deck. MR. LUCHSINGER: No, no. CHAIRMAN: And no encroachment any closer to the property line on this side to gain access to the bulkhead, which we're always $outhold Town Board Appeals -10- October~, 1985 Regular Meeting (Appeal No. 3397 - DONALD W. AND JUDITH LUCHSINGER hearing, continued:) CHAIRMAN (continued): concerned about, so that you can get access to this bulkhead. MR. LUCHSINGER: No, I'm not sure what you're saying. CHAIRMAN: No further encroachment. We would be placing a res- triction on it that this particular area always remain open and free. I'm not referring to this area in here, Gary, I'm-- MR. OLSEN: You're talking about the area between the house as exists now and the westerly boundary line. That 18 feet. He's not planning on doing anythin§ there. CHAIRMAN: Yes, because this is the only access to his bulkhead if he has to work on it. MR. LUCHSINGER: Sure. MR. OLSEN: I would assume the purpose of the zoning requirements about the setback is to protect wetlands and so on, and obviously this is not a situation where any construction between the bulkhead and the deck is going to adversely affect any wetland. CHAIRMAN: No. Of course not. MR. OLSEN: I heard that the code doesn't have a provision in it that we didn't have to go through this variance procedure on this kind of a thing. But, in any event. CHAIRMAN: Ok. We thank you very much, gentlemen, for coming in. Anybody else like to speak in behalf of this application? Anybody like to speak against the applicatiQn? Questions from board members? (None) Hearing no further questions, I'll make a motion reserving decision until a later date. MEMBER DOUGLASS: Second. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to conciude the hearing and reserve decision until a later date in the Matter of DONALD W. AND JUDITH LUCHSINGER, Appeal No. 3397. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to bad weather conditions.) This resolution was adopted by unanimous vote of the members present. COUNTY OFSUFFOLK Department of Planning 360-5206 Town of $outhold Board of Appeals November 13, 1985 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 CotmCy Planning Co--lesion are considered to be a m~tter for local deter!na- tion. i decision of local determination should nsc be construed as either an approval or a disapproval. Applicant(s) w,~icipal ~ile N,~ber(e) Donald & Judith Luchtnger 3397 Very truly yours, Lee g. Koppelman Director of Planning Chief Southold Town Board of Appeals MAIN ROAD- STATE 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 November 8, 1985 JOSEPHR. 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: XX Variance from the Zoning Code, Article XI , Sectio~00-119.2(B) --Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No.: 3397 ApplicantDonald & Judith Luchinger Location of Affected Land: 830 Lupton's Point, Mattituck,NY County Tax Map Item No.: 1000-115-11-16 Within 500 feet of: Town o~ Village Boundary Line ~2~ 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 Existing or Proposed Right-of-Way of Any Stream or Drainage --Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission toconstruct addition dwelling with insufficient sethack from the ordinary hlqh-wat~ mark along Deep Hole Creek Copies of Town file and related documents enclosed herewith 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 S°uthold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11g71 TELEPHONE (.516) 765-1809 November 6, 1985 Gary Flanner Olsen, Esq. Main Road, Box 706 Cutchogue, NY 11935 Re: Appeal No. 3397 Donald W. and Judith L. Luchsinger. Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered 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 approval of any new construc- tion in writing, or for other documents as may b~ 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~Dep~rt~gnt Suffolk toun~y'-y/anning GERARD P. GOEHRINGER AmmAN ~B~ Linda F. Kowalski Secretary Commission NOTICE OF HEARINGs NOTICE IS HEREBy GIVEN, PURSUANT to Section 267 of the Town Law and the Code of the Town of Seuthold, the follow- ·ing public hearings will,be held Bb~) the ~S~O .U~I-I~O_.LI~__ TOWN BOARD O~ at the ~seut-h°l~in Road, ~outhold, NY at a P~a~ar Meet- ~ng commencing at 7 30 p m on 1985, and ~- tollows: 7:35 PETER AND HELEN r vRIC- Appeal No. 3401 - Variance to the Zoning Or- dinance, Article III, Section 100- 31 for permission to construct ad- dition with reduction in total sideyard area, at 1250 Second St~et, New Suffolk, NY; County Tax Map District 100, Section 117, Block 07, Lot. 23. 7:40 p.m. JANE M. WREN - Appeal No. 3398 - Variance to the Zoning Ordinance, Article XI, Section 100-118(E) for per- mission to expand nonconform- ing building by more than 50% of fair value, at 3355 Seundview Avenue, Mattituck, NY; County Tax Map District 100, Section 94, Block 01, Lot 16. 7:45 p.m. WILLIAM NEDOS- ZYTKO - Appeal No. 3395 - Vari- ance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval ofinsuffi- cient lot width (road frontage) of this proposed 80,000 sq. ft. parcel to be set-off from 27.934 acres, located on the west side of Al- drich Lane, Mattituck, NY; County Tax Map District 1000, 124, Block 1, Lot. 2. ,.m. DONALD W. AND LUCHSINGER - ApZ Article XI, [19.2(B) for permis- sion to construct addition to with insufficient set- e ordinary highwa- Hole Creek, as 830 Lupton's Mattituck, NY; County Map District 1000, Section 15, Block 11, Lot 16. 7:55 p.m. HOWARD HOEY - No. 3391 - Variance to the Zoning Ordinance, Article III, Section 100-31, Bul Schedule, for approval of insufficient lot area and lot width ofoneparcel in this proposed division of land located on the south side of Main Road, Orient, NY; County Tax Map District 1000, Section 19, Block 1, Lot. 14.1 (14). 8:00 p.m. PHILIP G. HORTON - Appeal No. 3392 - Variance to the Zoning Ordinance, Article III, Section 100-31, and Article VI, Section 100-61, for the ap- proval of insufficient lot area and width of parcels in this proposed set-off division of land located at the South Side of Main Road, Peconic, NY; County Tax Map District 1000, Sectior~ 85, Block 03, Lot 005. 8:05 p.m. THEODORE AND MARIE PETIKAS - Appeal No. 3389 - Variance to the Zoning Or- dinance, Article II, Section 100- 22(D) for permission to utilize en- tire premises (located partly in the "A" Residential Zone and partly in the "B-Light' Business Zone) for "B-Light" Busine~ use in accordance with Article VI, Section 100-60. Lo~ation of Prop- erty: Corner of North (Main) Road and Sound Road, Green- port, NY; County Tax Map Dis- trict 100, Section 35, Block 01, Lot 8. The Board of Appeals will hear at ~aid time and place all persons desiring to be heard in each of the above matters. Written com- merd~ may al~o be submitted prior to the conclusion of the hearing in question. For more in- formation, please call the Office of the Board of Appeals at 765- 1809 (alt. 1802). BY THE ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRM&N DATED: September 12, 1985 1TS23-5024 STATE OFNEW YORK ) ) SS: COUNTY OF SUFFOLK ) _~ary K. Degn&n of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published st Greenport, 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 2 6 dsyof September 19 85 Swornn~ne~m~~tJbef e m this '~ ~ ]~0 - ~ ~BLIC, State of d NOTICE OF HEARINGS ~iN~E IS HEREBY EN, pursuant to Section 267 of the Town LaW und the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Sunthold Town Hall, Main Road, Southold, NY at Regular Meeting commencing at 7:30 p.m..on THURSDAY, OCTOBER 3, 1985, and as follows: 7:35 p.m. PETER AND HELEN PURIC - Appeal No. 3401 - Variance to the Zoning Ordinance, Article ltl, Section 100-31 for permission to con- struct addition with re~ucticn in total sideyard area, at 1250 Second Street, New Suffolk, NY; County Tax Map District 1000, Section 117, Block 07, Lot 23. 7:40 p.m. JANE M. WREN - Appeal NO. 3398 - Variance to the Zoning Ordinance, Article Xl, Section 100-118(E) for per- mission to expand noncon- forming bulb. ding by more than 50%!'~- ~ '~U~, r ~t. 3355 Soundview Avenue,, Matti- tuck, NY; County Tax Map District 1000, Section 94, Block 01, Lot 16. 7:45 p.m. WILLIAM NEDO- SZYTKO- Appeal No. 3395- Variance to the Zoning Ordin- ance, Article Ill, Section 100- 31, Bulk Schedule, for approv- al of insufficinnt lot width (road frontage) Of this propos- ed 80,000 sq. ft. parcel to be set-off from 27~934 acres, lo- cated on the west side Of Aldrich Lane, Mattituck, NY; County Tax Map District 1000, Section 124, Block 1, Lot 2.. AA7:50 p.m. DONALD W. D JUDITH LUCHSINGER - pea~.No. 3397 - Variance to le Zoning Ordinance, -Article , Section 100-119.2(B) for permission to construct addiJ~- ion to dwelling with insuffi¢ tent setback from the ordinat~y highwater mark along Deep ~sole Creek, premises known 820 Lupton's .Point, Matti- tuck, NY;County Tax Map District 1000, Section 115, ~ck 11, Lot .16, :55 p.m. HOWARD HOEY - Appeal No. 3391 - Variance to the Zoning Ordinance, Art- icle III, Section 100-31, Bulk Schedule~ for approval of in- sufficient lot ~rea and lot width of one parcel in ~.,pl'oposed division of 1~ o~e south alde~.'~ ' ~'~, Orient, NY; County Tax Map District 1000, Section 19, Block 1, LOt 14.1 (14). 8:00 p.m. PHILIP G. HOR- TON - Appeal No. 3392 - Variance to the Zoning Ordin- ance, Article m, Section 100- 31, and Article VI, Section 100-61, for apprOval of in- sufficient lot area and width of parcels in this proposed set-off division of land located at the South Side of Main Road, Peconic, NY; County Tax Map District 1000, Section 8~,, Block 03, LOt 005. 8:05 p.m. THEODORE AND MARIE PETIKAS - Appeal No. 3389 * Variance to the Zoning Ordinance, Article I1, Section 100-22(D) for permiss- inon to utilize entire premises (located partly in the "A" Residential Zone and partly in the"B-Light" Business Zone) for "B-Light" Business use in accordance with Article VI, Section 100-60. Location of Property: Corner of North (Main) Road and Sound Road, Oreenport, NY; County Tax Map District 1000, Section 35, Block 01, LOt 8. The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written comments may also be submitted prior to the con- clusion of the hearing in quest- ion. For more information, plase call the Office of the Board of Appeals at 765-1809 (alt. 1802). Dated: September 12, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER~ CHAIRMAN COUNTY OF SUFFOLK SS: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE kONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ........................... weeks successively, commencing on the , qd day of .... c Sworn to before me this ..................... day of Notary Public BARBARA FORBES Notary Public, State of New York No. 48,(~846 Qualified in Suffolk County ~_~ Commission Expires March 80, 19 Southo d Board of Appeals MAIN ROAD- STATE ROAD 25 $OUTHDLD, L.I., N.Y. TELEPHONE (516) 76b-18U9 APPEALS BOARD October 3, MEMBERS GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS, JR. NEGATIVE ENVIRONMENTAL DECLARATION SERGE DOYEN, JR. ROBERTJ. DOUGLASS' Notice of Determination of Non-Significance JOSEPH H. SAWICHI 1985 A]~PEAL NO.: 3397 PROJECT NA~: Donald & Judith Luchsinger 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 wi,thin 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: [ ] Type II ~f~ Unlisted [ ] DESCRIPTION OF ACTION: Variance from 75' wetland. For proposed addition. LOCATION OF PROJECT: Town of Southold, County of S~ffolk, more particularly known as: Lepton Point, Mattituck, NY %1000-115-16-11 REASON(S) SUPPORTING THIS DETEP~MINATION: (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) Construction as proposed is landward of existing bulkhead or' similar type of barrier. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Towu }{all, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent on the Town Clerk Bulletin Board. and posted BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE {516) 76§-1892 September 30, 1985 Mr. Gary Flanner Olsen Counsellor At Law P. O. Box 706 Main Road Cutchogue, New York 11935 Re: Donald Luchsinger 820 Lupton's Point, Mattituck Please be advised that the following action was taken by the Board of Town Trustees at a regular meeting held on September 25, 1985: RESOLVED that the Town Trustees of the Town of Southold hereby grant a waiver on the need of a wetland permit for Dr. and Mrs. Donald Luchsinger for the construction of an addition to an existing residence and a deck on property referenced above, subject to the following provisions: 1. Roof run off shall be discharged into dry wells. 2. Care should be taken so as to preclude the entry of any construction material into adjacent waters. 3. 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. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling~ Secretary to Board HPS:ip cc: Building Dept. BOARD OF APPEALS, TOWN OF SOUTHOLD Inthe Matter oTthe Petition of : Donald W. Luchsinqer and Judith L. : Lucnslnger : to the Board of Appeals ofthe Town of Southold : TO: Mr. and Mrs. Marke! Mr. and Mrs. Corso NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adiacent toyour.prppeLty aqd cribedas follows: North by Private Road, East by Markel, South by Deep noze ~.reeK West by 3. That the property which is the subject of such Petition is located in the following zoning district: A~ri cultural/Residentia 1 4. That by such Petition,the undersigned will request the following relief: to but id closer than 75 feet from Ti~ wetlands. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare ArtJ.cle XI Sects.c~ lflri-1}q-,? B [ ] Section 280-A, New York Town Law for appr0val of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be 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) 7~5-1809. 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.~,~ewspapers published in the Town of Southold and designated for the publication of such notices; that you/et y/bur representative have the right to appear and be heard at such hearing. / / ~, uateu".: '):Vbt~UIL~t:!C~+~-k~" .A, 11~c)=~. Donald W. ~SYa's~ngejr'~and~ Judith L. Luchsinger Petiti~n~e~r ~ Gc~/~' Flanner Olsen -' Owners'Names: Post Office Address P. O. Box 706 Cutchogue, New York 11935 have studied the plans submitted for the odelin~ of the waterfront side of the Luchsinger e and ~eel that they are necessary for the Guste use of the premises and that they do oose a threat to the wetlands, qe urge that an a~ropr~ate variance be granted. NAME Mr. and Mrs. Marke! Mr. and Mrs. Corso PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Lupron Point, Mattituck, New York 11952 R. D. 2 Box 80, Mattituck, New York 11952 STATE OFNEWYORK) COUNTY OF SUFFOLK) , residing at , being duly sworn, deposes and says that on the __ day of , 19 , deponent mailed a lrue 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 Somhold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed Io each of said persons by (certified) (registered) mail. day of , 19 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ortho Petition of : Donald W. Luchsinqer and Judith L. : Lucnslnger : to the Board of Appeals ofthe Town of Southold : TO: Mr. and Mrs. Markel Mr. and Mrs. Corso NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a [~ar~a-~ce) (Special Exception)(Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adja, cept toyour.prgperty aqd ~nddes- cribedas follows: North by Private Road, East by Markel, Sou~h Dy Deep ,ole Creek West by Cor$o 3. That the property which is the subiect of such Petition is located in the following zoning district: AQricultura 1/Resident ia I 4. That by such Petition, the undersigned will request the following relief: than 75 feet from Title wetlands. to build closer 5. That the provisions of the Southold Town Zoning Code aol~licable to the relief sought by the under- signedare Article XI Section 10{3-119-.? R [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman,j~'~spapers published in the Town of Southold and designated for the publication of such notices; that you ~,r,/yot~ representative have the right to appear and be heard at such hearing. /--', // ~ . ¢~+~-k^- . ,no~ Donald W. Luc/)41 'n~3~er. aj~'d/-- Judith L. Luchsinger Petitione~ /~am~ ~anner 01sen 0whets' Names: Post Office Address P. 0. Box 706 Cutchogue, New York 11935 NAME Mr. and Mrs. Marke! Mr. and Mrs. Corso PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Lupton Point, Mattituck, New York 11952 R. D. 2 Box 80, Mattituck, New York 11952 STATE OF NEW YORK COUNTY OFSUFFOLK SS.: , residing at , being duly sworn, deposes and says that on the day of 19 , deponent mailed a true copy of the Notice set forth on the re- 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 _; tha! said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day u~' , i9 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter orthe Petition of : Donald W. Luchsinqer and Judith L. : Lucnslnger : to the Board of Appeals ofthe Town of Southold : TO: Mr. and Mrs. Markel Mr. and Mrs. Corso NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: I. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~r~a-~ce) (Special Exception) (Special Permit) (Other) [circle choice] I. 2. That the property which is the subiect of the Petition is located adia, cept to your.prgpeLty aqd is dl:s- cribedas follows: North by Private Road, East by Markel, South oy Deep hole ~,reeK aha Wesl; by Cor~o 3. That the properly which is the subiect of such Petition is located in the following zoning district: Aaricultura]/Res tdentia ! 4. That by such Petition, the undersigned will request the following relief: than 75 feet from Title wetlands.. to build closer $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article XI Section 1flfl-11q-.? B [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be flied in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) '765--1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Matthuck Watchman,,pe~,fspapers published in the ' Town of Southold and designated for the publication of such notices; that you c ~yo~ representative have the right to appear and be heard at such hearing. / , / .. . ~.~_~_ ~ ,~o~ Donald W. Luc~ n.~er.a~ Judith L. Luchsinger I~etitioner /Gary 4anner 01sen Owners ' Names: Post Office Address P. O. Box 706 Cutchogue, New York 11935 NAM~ Mr..and Mrs. Markel Mr. and Mrs. Corso p. ROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Lupton Point, Mattituck, New York 11952 R. D. 2 Box 80, Mattituck, New York I1952 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.; of , 19 , residing at , being duly sworn, deposes and says that on the day , 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 $outhold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this (This side does not have to be completed on form transmitted to adjoining property owners.) F;~lllill~da y ul , Notary Public BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition of Donald W. Lucllsinqer and Judith L. [ucnstnger to the Board of Appeals of the Town of Southold TO: Mr. and Mrs. Markel Mr. and Mrs. Corso NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~) (Special Exception) (Special Permit) (Other) [¢irgle choice] 2. That the property which is the subiect of the Petition is located adia. cept toyour.prgperjy aqd is dgs- cribed as follows: North by Private Road, East by Markel, South oy Deep ,ole ureeK ano West by Cor~o 3. That Ihe property which is the subject of such Petition is located in the following zoning district: Aarl cultura I/Res idential 4. That by such Petition.the undersigned will request the following relief: tO buJ ld closer than 75 feet from Ti~t~ wetlands. 5. Thai the provisions of the Southold Town zoning Code applicable to the relief sought by the under- signedare ArLLcle XI secLLcm 1flf)-11q- ? R [ ] Section 280-A, New York Town Law for approva] of access over right(s)-of-wa.y. 6. Thal 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) 725-1809. 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/~ewspapers published in the Town of Southold and designated for the publication of such notices; that you/et y/bur representative have the right to appear and be heard at such hearing. / / .. . ¢^_~__~,__ ,, ,.o~ Donald W..Izl~j;ifs/i/nge~l~.~and/' Judith L. Luchsinger Peti~i~n~er ~ Gcir/y' Flanner Olsen ~ Owners ' Names: Post Office Address P. O. Box 706 Cutchogue, New York 1'1935 have studied the plane submitted for the remodeling of the waterfront side of the Luchsinger home and feel that they are necessary for the adequate use of the premises and that they do not pose a threat to the wetlands. '~e urge that an appropriate variance be granted. 9/ /85 NAME Mr. and Mrs ~arke! Mr. and Mrs. orso PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Lupton Point, Mattituck, New York 11952 R. D. 2 Box 80, Mattituck, New York 11952 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) , residing at , being duly sworn, deposes and says that on the __ day of _, 19 , deponent mailed a true copy of the Notice set forth on the re- 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 Sou~hold; that said Notices were mailed at the United States Post Of- fice at ; Iha! said Notices were mailed to each of said persons by (certified) (registered) mail. day of , 19 Notary Public (This side does not have~.~to be completed on form transmitted to adjoining property owners.) i< 3z" /oo~-~ls-- I/-Ib GARy FLANNER OLSEN COUNSELLOR AT LAW P. O. E~OX 706 · MAIN ROAD · CUTCHOgUE, LONG ISLAND, NEW YORK ~1935 · PHONE 516 734-7666 September 3, 1985 Re: Luchsinger _ Variance File # 4034 Gent]emen: GFO:Imm Enclosures Please be advised that I represent Dr. and Mrs. Luchsinger who seek to construct an addition and deck on bulkheaded property which construction will be less then 75 feet from title wetlands. I am enclosing herewith, a copy of the proposed addition, deck and survey, and hereby request that you waive jurisdiction. I am this day submitting an application to the Zoning Board of Appeals and it will require a letter from you waiving jurisdicti~n. Very truly ;~urs? Southold Town Trustees Main Road Southold, New York 11971 JUDITH T. TERRY OFFICEOFTHETOWNCLERK TOWN OF SOUTHOLD September 4, 1985 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. 3397 application for a variance by Judith and Donald Luchsinger. Also included is Notice to Adjacent Property Owners; letter relative to N.Y.S. Tidal Wetlands Land-Use; short environmental assessment form; tax map; copy of Application for a Building Permit and Notice of Disapproval from the Building Department of same; plans; survey; and letter to Southold Town Trustees. ,~/Judith T. Terx~dy' ~' ~Southold Town Clerk TOWN OF SOUTHOLD, NEW YORK APPEA~ ~,~O.~ :.~,t~DN OF BUILDING INSPECTOR APPEAL NO. ~7 DATE September ~ 1985 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Donald W. Luchstnger and 1, (We) .J. udJ. t.h.iL....Luchsinger. ........................ of ....... (. a..~.)...Lul~t, aa..P. Qlnt, ............................... Name of Appellant Street and Number ..N..,e.,w...y.,o..r..k. .......... HEREBY APPEAL TO State Mattituck Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY-THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) D q rLcl.I..d... ~/.,.. k.U.C~.s.i ~g.e.~"...a~d, ..J.ud. LL~..L ....L u c h s J. n g e r Name of Applicant for permit of (n..~...~)...kup. t~m.p.~j, nJ; .................... ~a.t.ti.~¢cJ~ .................. ~e~..X~r.k ..................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY VARIANCE Street Use District on Zoning Mop Resid. Map No. Lot No. Suffolk County Tax Map # 1000-115-11-16 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of tl~e Zoning Ordinance by number. Do not quote the Ordinance.} Article XI Sont. inn INNN-Ilq-2-B 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Low Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4.' PREVIOUS APPEAL A previous appeal ~OO~) (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 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that applicant seeks to construct an addition less then 75 feet from tidaL: wet lands on bulk headed property as shown on a survey by Roderick Van Tuyl dated May 8, 1985. Form (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because applicant seeks to construct an addition to an existing house. Due to the fact that said construction will take place less than 75 feet from wet lands, this variance is requested. Due to the fact that property is bulkheaded there will be no adverse effects to the wet landis. 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 appJicant seeks to build an addition on bulkheaded property which would not result in any adverse effects on wet lands. Due to the fact that there is no exception in the Town Zoning Ordinances relieving a property owner from having to apply for a variance, even though the property is bulkheaded this application is necessary. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there is already existing on the premises a residence and applicant simply seeks to put on an addition to same, including a deck, which addition and deck would not change the character of the neighborhood. STATE OF NEW YORK ) ) ss COUNTY OF Suffolk ) 6ary lner Olse~',tm*~!U~corney for Luchsinger Sworn to this ........ .4.~ ................................. day of ....... Sept, gTiDe~ .................................. 19 85 BOARD OF APPEALS. TOWN OF $OUTHOLD In the Matter or the Petition of Donald W. Luchsinqer and Judith L. Lucnslnger to the Board of Appeals of the Town 9f Southold TO: Mr. and Mrs. Marke! Mr. and Mrs. Corso NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~ (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adia, cept tg. your.pr~per~y aqd ~ndc~- cribed as follows: North by Private Road, East by Markel, Sou~h Dy ueep Mo~e ureeK West by ¢orso ) 3. That the property which is the subject of such Petition is located in the following zoning district: Aortcu]tural/Residential 4. That by such Petition, the undersigned will request the following relief: than 75 feet from TiCI~L wetlands. to build closer $. Thal the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Rrt. tcle XI ~'t.i.c~ 1~N.11q. P B [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (5'16) 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. Donald W. Luchsinger and Judith L. Luchsinger Dated: September 4, 1985 . By Petitioner Gary Flanner 01sen Owners ' Names: Post Office Address P. O. Box 706 Cutchogue, New York 11935 NAME Mr. and Mrs./~ik~l Mr. and Mr~°.S~rso PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Lupron Point, Mattituck, New York 11952 R. D. 2 Box 80, Mattituck, New York i1952 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Lor~i6e ~ourou..,, , ~ ,fesidinga! 2140 Delmar Drive Mattituck. New'.Yorl~ , being.duly sworn, deposes and says that on the 4t, h day of seol ember ,19 85 , deponent mailed a t.Kue 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 Cutchogue. New York ; that said Notices were mailed to each of said persons by (certified) (r~e~k, xelx~d) mail. Lorraine Mauro Sworn to before~4tj~l day of ~tM~ber / ~, 19 85~ I~1 GARY FLANNER OLSEN ~W Publl~, State of Ne~v YoI~ No. 62-295e~00 Qualified in Suffo k County ,~'..~ Commission Explr~ March 30, 19L~/ (This side does not have to be completed on form transmitted to property owners.) adjoining __ September 4, 1985 (Today's Date) To: Southo!d Town Board of Appeals blain Road Southold, NY 11971 Appeal Application of Donald W. Luchsin~er and Judith L. Luchsinger Location of Property: _/no #) Lgpton Point~ Mattituck, New York Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use R=gu[ations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property iQ the within appeal application: (please check cme box) [ X] blay 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~ '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 tidai wetlands; and there is no bulkhead or concrete wall existing 'on the premises. ° [ ] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate/y~r property does not appear to fall within the jurisdict~n of/ the N.Y.S.D.E.C.] NOTE: If proposed project fal[s(~[~E isdictio2~ approval must be received an~ submitted to our office before your application can be scheduled for a public hearing. ,SHORT ENVIROI~,~ENTAL ASSESSMENT I?ISTR,,UCTIOt~S: (a) In order to answer the questions in this short EAF is is assumed that the preparer will use currently available infor~.~tion conce~ing the project and the likely impacts of the action. It is not ex-peered that additional studiss~ research er other investigations w~ll be undertaken. (b) If any question has been answered Yes the project may be significant and a eczpleted Environmental Assessment Form is necessa~/. (e) If all questions have been answered Ilo it is likely that this project is significant. (d) ~nviror~ental Assessment Will project result in a large physical cbmnge to the project site or physically alter more than 10 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 X No 3. Will project alter or have a large effect on an existing body of water? . , · , · , , , Yes ~ No WEll project have a potentially large impact on gro.~dwater quality? Yes ~ No Will project significantly effect drainage flow on adjacent sites? . · · · · · · · · Yes X No 6. Will project affect any threatened or endangered plant or animal species? · · · · · · · · Yes ~ No 7. Will project result in a major adverse effect on air quality? . . . . . . · · · Yes X No Will project have a mmJor effect on visual char~ acter of the co~munity or scenic views or vistas known to be important ~to the community? · · · Yes X No Will project adversely impact any site or struct- ure of historic, pre-histOric, or paleontological importance or any site designated as a critl-"l environmental area by a local agency? · · · Yes X No 10. WEll project have a major effect on existing or future recreational opportunities2 · · · Yes X No 11. Will project result in major traffic problems or cause a major effect to existing transportation Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration~ or electrical disturb- ance as a result of the project's operation? · " Yes X No 13. 'Will project have any impact on public health or safety'? . Yes ~ No il.. 15. PREP ~cRER' $ 911.178 Will project Affect the existin~ co.unity by directly causing a growth in permanent popt~a- tion of more than 5 percent over a on.year period or have a ma j~ negative effect on the charac%~-~of~h~nit7orneigh~orhood?.. YesX Is there publ~.~c~t~ers7 concerning the prooect? Yes X Donald W. L~chsin~er & Judith L. DA?~: 9-3-85 Luchsinger (. GUA~2A.t-.Fi'L~iEL) i"0 T'NF g' M%T A~'dL~[-' o ,',',,'v:/ t',.dA P' ,~ 'A'?'A: l CE)q) - { t 5 - J I - I G,