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HomeMy WebLinkAbout31902~IB Nokom±s R~., So. CA-construct atty. storage bldg. in area other than required rearyard. Southold Town Board of Appeals HAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3190 Application Dated November 7, 1983 TO: Mr. william Burkhardt Box 388 Bayview Road Southold, NY 11971 (Public Hearing held 11/30/83) [Appellant(s)] At a Meeting of th~oning Board of Appeals held on December 28, 1983 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 tX] Request for Variance to the Zoning Ordinance Article III, Section 100-32 [ ] Request for The public hearing on this application was held on November 30, 1983. Upon application of WILLIAM BURKHARDT, by Alfred J. Skidmore, Esq., 117 Newbridge Road, Hicksville, NY 11802, for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct acces- sory storage building in an area other than the required rearyard at premises known as 50 Wabasso Street and 2315 Nokomis Road, Southold, NY; County Tax Map Parcel No. 1000-078-03-part of 039. The board made the following findings and determination: By this appeal, applicant seeks a variance from Article III, Section 100-32 of the zoning code which is required in order to per- mit applicant to retain the present location of an existing garage structure. Applicant has applied to the Building Department for permission to construct a new one-family dwelling in conformity with the rules and regulations of the zoning code; however, since this parcel is a corner lot as defined by Article I, Section 100-13, "Definitions," the area in which the subject accessory building is located has been technically interpretted to be "front yard" area. Section 100-32 requires accessory buildings to be located in the rear yard area. The premises in question is located at the intersection of Wabasso Street and Nokomis Road, near Laughing Waters, in the Ham- let of Southold, Town of Southold, and is more particularly identified on the Suffolk County Tax Map as District 1000, Section 78, Block 3, part of 039. The premises contains an area of approximately 20,123 sq. ft. The subject accessory building is and will continue to be set back from Nokomis Road property line 25 feet and from Wabasso Street property line 47 feet. It is the opinion of the board that the practical difficulty in this case is sufficient to warrant the granting of this variance; however, there are two main concerns of the board: (1) that the subject accessory building remain as an accessory use, since any attachment of same to the main house would violate Article III, Section 100-31, Bulk Schedule, of the zoninq code as ko yard setbacks, and (2) that the accessory building remain to be used only (CONTINUED ON PAGE TWO) DATED: January 4, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3190 Matter of WILLIAM BURKHARDT Decision Rendered December 28, 1983 for storage purposes, and that the habitable facilities and utilities therein be removed. In considering this appeal, the board determines: (1) that the practical difficulties have been shown and are sufficient to warrant the granting of the application as noted below; (2) that the relief as noted below is substantial in relation to the requirements of the zoning code; (3) that the circumstances are unique; (4) that the relief as approved will be in harmony with and promote the general purposes of zoning of the protection and promotion of the public health, safety and welfare; (5) that the interests of justice would be served by approving the application as noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goeh- ringer, it was RESOLVED, that Appeal No. 3190, application of WILLIAM BURK- HARDT for permission to retain accessory storage building in the frontyard area as applied for and indicated on the October 27, 1983 survey of Roderick VanTuyl, P.C., BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The dwelling and all new structures, if any, must comply with all yard setback requirements of the zoning code; 2. Ail habitable appliances, fixtures and utilities must be removed in the accessory building in question; 3. The premises and buildings be inspected by the building inspector prior to the issuance of any Certificate of Occupancies for any land or structures. Location of Property: 2315 Nokomis Road and 50 Wabasso Street, Southold, NY; County Tax Map Parcel No. 1000-78-03-part of 039. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was unanimously adopted. For the record, it is noted that the premises in question was the subject of prior Appeal No. 3011 for the applicant herein dated July 2, 1982 for an area and width variance conditionally approved on December 22, 1982. RECEIVED AND FILED BY T}'iE SOUTHCLD TOWN CLERK Town Clerk, Town of Cout.L~old 'GERARD P. GO~HRINGERfCHAIRMAN January 4, 1984 !/~_... 3L} ,/ /t APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.h, N.Y. 11~'71 TELEPHONE (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Zoning Board of Appeals at the To~rn Hall, Main Road, Southold, NY on Wednesday, November 30, 1983, commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of ROBERT A. CELIC, Main Road, Matti- tuck, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-80(C) and 100-60(C) for permission to erect off-premises directional sign in this "C-Light Industrial" Zone at premises located at the South Side Main Road, Greenport, NY, and more parti- cularly known as County Tax Map Parcel No. 1000-053-02-26. 7:35 p.m. Application for Frances Satriano and the Estate of Michael Satriano, by Dolores Adolph, 763 Norman Drive, North Bell- more, NY 11710, for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to reseparate two substandard par- cels having insufficient area, width and depth, located at the west side of Fiddler Lane, Greenport, NY; County Tax Map Parcels No. 1000-36-2-5 and 6. 7:40 p.m. Application of Nick and Anna Andriotis, 21120 Soundview Avenue, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-119.1 for permission to erect fence exceed- ing four feet high in fhe frontyard area of premises at the northwest corner of intersection with Clark Ro~d-and Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-3-14. 7:45 p.m. Application for Mr. and Mrs. Saul Rosenstreich, by Skinny Dip Pools, Inc., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct inground swimmingpool, deck and fencing in the frontyard area of this parcel known as 645 Little Peconic Bay Road and 3700 Haywaters Road, Nassau Point Club Prop. Map 806, Lot 417; County Tax Map Parcel No. 1000-111-11-009. Page 2- Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 30, 1983 7:50 p.m. Application of JOHN C. DILLER, 260 Peconic Bay Boulevard, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory storage building in the frontyard area of premises known as 260 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-145-02-1.6. 7:55 p.m. Application of The Suffolk County National Bank, Box 702, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-70(C) [2] for permission to have second identification sign on side of building facing the parking lot (Keyfood Shopping Center) at premises known as 31225 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-097-05-012. 8:00 p.m. Application of Richard Jarzombek, Osborn Avenue, Baiting Hollow, NY 11933 for a Variance to the Zoning Ordinance, Article III, Section 100-32(A) for permission to construct accessory windmill ~xceeding the maximum height requirement 6f-" 18 feet at premises known as 5520 Narrow River Road, Orient, NY; County Tax Map Parcel No. 1000-027-02-004. 8:10 p.m. Application of Serge and Janice R. Doyen, Box 263, Fishers Island, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory storage building in an area other than the required rearyard at premises located along Fox Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-006-06-001. //~:I5-~.m. Application of WILLI____~_~ BURKHARD~T, by Alfred J~. Skidmore, Esq., 117 Newbridge Road, Hicksville, NY 11802, for a/ ~Variance to the Zoning Ordinance, Article III, Section 100-32~ ~ for permission to construct accessory storage building in an area other than the required rearyard at premises known as 50~ Wabasso Street and 2315 Nokomis Road, Southold; County Tax Map \ No. 1000-078-03-pa~t of 039. 8~20 p.m. Application of MR. AND MRS. RALPH MERRILL, 3300-26th Avenue East, Estates #27, Brad~nton, FL 33508, for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to reseparate two substandard parcels, each with an existing dwelling, ha~ing insufficient area and width, and known as Lots 41 and 42 on Subdivision Map of Laurel Park, Map #212; County Tax Map Parcels No. 1000-127-08-6 and 7. 8:25 p.m. Application for NORMAN J. MURRAY, by Wickham, Wickham & Bressler, P.C., Main Road, Mattituck, NY for a Variance ~Pag~ 3 - Legal Notice of Hearings Southold Town Board of Appeals Regut~r Meeting of November 30, 1983 to the Zoning Ordinance, Article III, Section 100-31, for permission to divide Lots 37~thr6ug5 40 of Laurel Park Subdivision into two separate substandard lots located at the east side of Oakwood Road, Laurel, NY; County Tax Map Parcel No. 1000-127-8-8. 8:30 p.m. Recessed Hearing: Application for DIMITRIOS PAPAGIANNAKIS, by D. Kapell, 400 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 to redivide two parcels, each having insufficient area and width located on the west side of Stars Road, East Marion, NY; Stars Manor Subdivision Map 93864, Lots 20 and 21; County Tax Map Par- cels No. 1000-22-04-001 and 002. Dated: November 14, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN For additional information concerning the above hearings, please contact Linda Kowalski, Secretary, Zoning Board of Appeals, at the Town Hall, 765-1809 (or 1802). .............................................................. end of legal. Copies to the following on or about 11/15/83: Suffolk Times (personal delivery) L.I. Traveler-Watchman (personal delivery) Mr. Robert A. Celic Mrs. Dolores Adolph for Satriano Mr. and Mrs. Nick Andriotis Skinny Dip Pools, Inc. for Rosenstreich Mr. John C. Diller The Suffolk County National Bank Mr. Richard Jarzombek Mr. and Mrs. Serge Doyen Alfred~J. skidmore, Esq. and william Burkhardt Mr. and Mrs. Ralph Merrill (Florida add~ess) Abigail A. Wickham, Esq. for Norman Murray Mr. David-Kapell for D. Papagiannakis Town Clerk Bulletin Board Town Board Members ZBA individual files ZBA members and building department Planning Board FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL FileNo ................................ Date .t~o~c~a-~t~-t~O~ 19 ~ · o ~((~...~<<~.~. ~o. .~.~..~$2C ....... fo~ p~mt to ~om~t... ~m~.. ~.<~...~~ ~ .............. ~t House No. St~t Hamlet co..ty ~a~ m~ ~o. ~000 S.~tio....~ ~ .... mo~ ... ~ ...... ~t ~[~ ....... Subdi~sion...~. P ......... Fged Map No...7 ............. Lot No. i~ =.t.~=~ ~w~t~ ~.~ ~i~a~.~ow~ o. t~ ~o.owm ~o..~ .--~q~O~=. RV 1180 TOWN OF $OUTHOLD, NEW YORK APPEL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. DATE . .....~.~/,7./..,8.,3. ......... Name of Appellant Street and Number Southold N.Y. ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED:9/26/83 FOR: Location of single family residence from another location for summer residency. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of Box 3 .... e R a- Southold, New York .......... .~.~..~....~..a~..V~. ~ Q g., ............................................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD 1. LOCATION OF THE PROPERTY 50 Wabasso St. & 2315 Nokomis Rd., Southold Street and Hamlet Zone 1000 S.078 B. 03 L. P/039 OWNER(S): W~.~k~dt ....... Map No. Lot No. 1950 DATE PURCHASED: ..................... 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III , Section 100-32 3 TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~=~ (h6s~6t)' 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 (~"~equest for a variance and was made in Appeal No ...............................Dated ............... ......... , ............................................. ( ) (x) ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance we would like to Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becau~ the parcel has been held in single and separate o~nership since 1950 on whom was constructed a garage. ~nereafter, the amendment of Ordinance Article III, Section 100-31 in 1973 rendered the parcel too small on which to construct a residence, and the premises thereby have been rendered valueless unless the application is granted. 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed location of the single family residence adjacent to the existing garage will conform to the existing pattern of the neighborhood, and, indeed, will improve the parcel in value and enhance its general appearance, and that of the neighborhood. STATE OF NEW YORK ) ) ss COUNTY OF NASSAU ) Signature William Burkhardt Sworn to this ................ · .~..~...~...~.. ............... day of ......... ~9~f~...m~....e..r. ............................ 19 NOTAI~Y PUBL~G~ S~'~Ys o~, Nsw *~ 83. Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI July 24, 1984 Mr. Edward J. Finck 910 Wabasso Street P.O. Box 419 Southold, NY 11971 Re: Appeal No. 3190 William Burkhardt Dear Mr. Finck: This letter is in response to your recent correspondence received July 16, 1984 concerning the above file. As you know, our board did conditionally grant approval in the variance application of Mr. Burkhardt on December 28, 1983. Based upon your letter,.I do concur that the plan submitted for consideration appeared to be a plan for a new one-family dwelling; however, you should be aware that our board has no power to suggest design of construction. Our purview is concerning the zoning ordinance. I have been down to look at this project subsequent to your letter and do understand your feelings in this matter. .I have also spoken with Mr. Lessard of the Building Department, and he assures that the present building will meet all current or newly adopted building and energy~ codes to include heating, plumbing, electricity, insulation, and'ill other requirements for a new one-family dwelling. We are sorry that there is nothing else that the Board of Appeals can do. Yours very truly, GERARD P. GOEHRINGER lk CHAIRMAN Mr. Gerard P. Goehringer Chairman Southold T~mBoard of Appeals c/o $outhold Town Hall Southold N.Y. 11971 910 Wabasso Street P.O. Box 419 Southold N.Y. 11971 July 11~ 1984 Dear Mr. Goehringer~ I am writing to you as a sort of modern day Diogenes in my search for an honest man. The event which has caused my quest WaS a hearing conducted by you ~nd the Town Board of Appeals on the night of Jan. 4, 1984 at' $ou~hold Town Hall, The specific hearing was the red, est of one ~illiam Burkhardt for a variance under your appeal #3190. Attending this hearing in addition to Mr. Burkhardt and your Board was ~ delegation from Laughing Water consisting of Mr. Roy Gilford Pres. Laughing iVater Property Cvmers Assn. Mr. liilliam Brady Vice Pres. LWPOA gr. Donald Aldrich Past Pres. L;~OA Mr. Rusling Nood Jr. property o~mer adjacent to Burkhardt property Mrs. Kay Gaynor Mr. Leo Gaynor Mr. Santo Cosenzo Mr. Guy ~olino Mr. Patrick Reynolds and myself. All of the above with the exception of Mr. Gilford live within one block of the Burkhardt property. In the course of the questions asked by our group I stated that we had heard that the building in question was to be a previously built house moved to Mr. Burkhardt,s property. You stated that this was not so 'that the house was to be a new one story dwelling. You then handed me the plans for its construction for my inspection. l'{hen the hearing was concluded you commented that our delegation had conducted ourselves like gentleman as opposed to some stormy hearings you had previously conducted and thanke~ us for having acted in this manner. (continued) (2) ~e left the meeting satisfied that a new house was to be built and this was further reinforced when ~lr. Rusling Wood Jr. received the Board,s ruling #3190 a copy of which is enclosed for your convenience. So what happens, on May 21,1984 an old house is moved to Mr. Burkhardt,s property and placed on a foundation built earlier this spring. quite naturally we ~ere indignant for having been deceived, i wrote to Supervisor b~rphy on May 30, 1984 protesting this deliberate misrepresentation of intent by Mr. Burkhardt and his action being condoned by the Building Dept. in direct contradiction of your assurance when I questioned you about same at the hearing on Jan. 4. ~t. ~rphy telephoned me on june 19th stating that he had checked into this matter and that I must have misunderstood what was discussed at the hearing for in fact a new house was never discussed. I told him I had nine witnesses to the fact that a new house had definitely been the topic Of discussion. So I ~athered my facts and wrote l~m again on June 21st , a copy of which is enclosed for your convenience. As of the date of this letter Mr. Murphy has not extended us the courtesy of an answer. Mr. Goehringer I believe the creditability of the variance procedure and public hearings about same are at stake in this matter for it all~vs an applicant to misrepresent his intent to your Board and then because of the surreptitious action of the Building Dept. get away with it. It not only makes a farce of the Jan.4, 1984 hearing but even more alarming has been our inability to get an honest answer from anyone as to exactly what happened between the night of the Jan. 4th hearing and May 21st when the previously built house was moved onto the Burkhardt property. I hope you are that honest man I have been seeking and investigate fully to see if indeed the ruling of your ~oard was circumvented without authority, by whom, and he is then reported for appropriate disciplinary action. The Board then,in order to preserve its' integrity~ must see that corrective measures are taken to see that such an incident does not reoccur. I am also enclosing a copy of Rusling Wood Jr.,s letter of May 25 1984 addressed to Mr. Victor Lessard in reference to this matter. Also enclosed is a copy of June 27, 1984 addressed to the Building Dept. requesting acopy of Building Permit 12858Z and a copy of said permit. ~hese could be of assistance to you in your investigation. ~'~e would appreciate your advising of the result of your investigation and if ~upervisor Murphy has been advised as well. Sincerely, ~dward $~. Pinck RUSLING WOOD, JR. 290 WABASSO STREET BOX 506 SOUTHOLD, NEW YORK 11971 ~in ~d~ :~¢;u~h~ld, ;~.'.'. !i19'11. tnia~ in vi~ ~ th~ fact ~ ~. L~rdt f~h~ p~ for ~ ev~r:~ olse (except ~ there ~d ~n ~~ ~y ~ Coi~ b~ee. }:~dt p~l~ a "fast one~ ~ you s~ you ~ You g~v~ ~ yo~ wor~ ~ over th~ ~1~o~ ~t you will ~ Wa~so Steer ~ the ~i~s.o/~c~ .t~et a~ knoek~ i% ~i ~ do~," 5o far I'm fr~: isoo~e :,wires Blind Copy: d. Royal ~Tifford :.d Finck RUSLING WOOD, JR. 290 WABASSO STREET BOX 50~ SOUTHOLDo NEW YORK 1 lg71 J~,me 27~ 198b~ Building Depari~asn% Town of Southold~ N.lf. ~ain ~oad, Southold, N.Y. 11971 Gant, le~..n ~ Ae the ne~t door neighbor of ~". ~'1'~.~1 Burkhardt of Wabasso Sires%, 5outhold~ I -- very much interested in particulars of Buildir~ Para,it 128~8-Z displa~ed at the property next to mine. By lay I believe I a~ entitled to a copy of the particulars of aforesaid Permit in vier of the effect the uaeage of the land ~ill have on ~y property velues~ as a tax paytn_e citizen of Southold To, no Your prc~p% attention to this request ~]l be appreciated. ~Jr*s Copy: E. J. Finck 910 l'~abasso Street P.O. B~: 419 Southold N.Y. 11971 June 21, 1984 Prank ~lurphy Southold Town Supervisor P.O. Box 1302 Mattituck N.Y. 11952 Dear Supervisor ~rphy, In reference to our telephone conversation of ~uesday morning June 19, 1984 pertinent to my letter of ~ay 30, 1984. You stated that with reference to the second part of my letter re: the Burkhardt hearing (Appeal #3190) by the Southold Town Board of Appeals on Jan. 4, 1984 that there was a misunder standing on my part and that it was never mentioned at the proceedings that a new house was to be built. Supervisor Murphy~I do not know who §ave you this information but it is erroneous. I am enclosing a copy of the A~tion P. Eport Of the Zoning Board of Appeals sent to Mr. Ruslinc Wood Jr. of 290 Wabasso St.~ the adjoining property owner. Please note that the fourth paragraph of this decision,as underlined in red, definitly states "Applicant has applied to the Building Dept. for permission to cons%xuct a new one f.mil~ dwellin~, in confozatity with the rules s. nd regulations of the zoning code". In addition to myself the following attended'the aforementioned hearing on Jan. 4, 1984, ~r. Roy Gilford Pres. Laughing Water Property Owners Assn. Mr. ~illiam Brady Vice Pres. L~POA ~r. Donald Aldrich Past Pres. LITPOA ~r. Rusling'~ood Jr. property ~ner adjacent to Burkhardt property ~rs. Kay Gaynor ~r. Leo Gaynor Mr. Santo Cosenzo Mr. Guy ~olino Mr. Patrick Reynolds All of the above with the exception of ~r. Gilford live within (me block of the Burkhardt property. We are unanimous in our opinionth~t the metter discussed was for construction of a new one family clwelling. To state otherwise is an insult to our intelligence. We want to know who told you that a new dwelling was not discussed. i$as it ~r. Goehringer or somebody in the Building Dept.~ Obviously somebody is being devious and we are entitled to knol~ who it is. Ironically at t~e Ooncluslon of hearing on Jan. 4,1984 Mr. (continued) (2) Goehringer complimented our delegation from Laughing ~ater on our gentlemanlly behavior in contrast to other stormy hearings he had previously conducted. Had we known in what a underhanded way it was to ultimately end we would have him plenty of static or is it possible Mr. Goehrin~er was acting in good faith and the substitution of a previously built house was s~nctioned by the Buildin~ D.~pt. after the rulin~ was made? It is imperitive that you make a full investigation of this matter. Those of us who attended that7 heari.r~ in good faith want to know exactly how a ruling by the Southold Town Zoning Board of Appeals states one thin6 and what is done is in complete contridiction to that ruling. I am also enclosin~ a copy a letter dated }~y 25, 1984 sent to'tr. Victor Lessard by Mr. Ruslin~ Wood Jr. which may be of assistance in your investigation. Ne await your reply as to what truthfully happened in this matter. If you are unable to give us a straight answer then we request that you conduct a formal bearin~ about same with all persons who were at Jan. 4, 1984 healing attending. Sincerely, ~ Edward J. Finck 910 "abasso Street P.O. Box 419 Southold N.Y. 11971 lday 36, 1984 Prank l,lurphy $outhold Tow Supervisor P.O. Box1302 liattitucl: N.Y. 11952 Dear Supervisor ~lurphy, In your recent newsletter "Frankly Speaking" you state "Remember ... ~hlrphy cares". After you have read this letter I hope to find you were sincere in this statement because not cnly I but a ma3ority of my fcll~? neicl~bors in Laughin~ ~ater are deeply concerned ~ith the lack of enforcement of the Zoning C~le of the Town of 3outhold. The most flagrant violator is one llarold L~lters who is operating ,% junk yard, princlpall¥ cars ~nd trucks, on the west side of l',~akomis Koad about 300 feet south of Ba!avater Ave. 11~e property consists of Two lots. '.~(1) on which the t';alters house is located and ~(2~ the lot adjoini!%~ the house to the north on which the cars and trucks are situated. 'l~e property is zoned Residential. Lot #(1) has an exemption for a portion supposedly properly screened because t. lr. ;dalters lived there prior to the Zoning Code. Lot #(2) has no exemption for it was only acquired a few years ago. ~'Ir. ,alters has been previously cited for violations and ordered by Yovra Justice Tedeschi to cle~n up the premises. Ile was siven a dismissal for c~pliance. TI:is happened a cougle of years ago, no%.; the place is %uvice as bad as it was previously bu% Thc Building, Dept. has not issued another citation, t~hat we want to kuow is why? The pcnalgies for violation have been increased still nothinS is done. I know your schedule is busy but the scene of thc violation is less than five minutes from Town Hall. P, ide over and see for yoursctf this eyesore in ~n other~?ise well kept residential co~mnity. See why we in Laughing ~ater ~re embar~$sed by it and. even mere disconcert~n~ is To kl%o%v th~zt The value of our prcperty is beinU depreciated by it. ~is man is literally thtuubin% his nose at the T~a~ of SoLlthold alld thc Town is doing nothing about lt. ~,e mn Latg~gzc getting the run around going through nor~! channels and arc asking you to personally investigate ibc iuaction on the part of the Building Dept. Speakin~ of thc Sui!ding Dept. here is another gripe a~ain in LaugI:ino" ~.atcr. Jan. 4. 1984 a hearing v:as conducted by the 3outheld To:,:n ~oard (continued) (2) of Appeals on an application of William Burkl~g. rdt for a variance and permission to construct a new one f.am~ily dlvelling on thc property located on the norte~st A~ that mcetin~ we r~.ised ~he question that we ha~ he~d that ]~urkh~rdt intoned to move ~ house f~¢z anothe~ locatAon. ~e ~,~=e ~ssured that was not the c~se:'in i~ct · membe~ of thc board handed ~ thc plans tllc new house fo~ my examination; ~ze va=i~nce ~v~s grmntcd and 14r. Victoz Lassa=d ~ssured us t~t construction t~,ould ke strictly supervAscd in acco=dance with the To~ Buildir~ C~es. So what happens, on ~londay morning ~.~ay 21, 1984 ~t approximately 8 A.~,I. an old house is moved onto = new foun(~ation which w~s built earlier this spring. Now if this isn't outright deception I do not know wlmt is. It d~s not ~&d to tl~e stature ~ tl~e T~m of So~tholc~ to ~llo~v a "frost one" to be pulled by Mr. Burkh~rdt bu~ even worse let thc Building Dept. condo~ s~e. In orclcr to preserve the'integrity of the To~.m of Southold not only I but my ncigl~bors in Laughing ',,ater ~sk that y~ person~!ly intervene to investigate the violations mentioned above, determine who is eot doing job, and see ~hat corrective memsurcs arc taken'to rectify these violations. By doing so you will restore our confidence in your administr=tion. Sincerely, 910 .,abasso Street P.O. Box 419 Southold N.Y. 11971 Idly 30, !904 Prank l, lurpl!y Southold Tm,.%n supervisor P.O. Box1302 ]lattitucl: N.Y. 11952 Dear Supervisor Murphy, In your recent newsletter "Frankly Speaking" you state "Remember ... ~lurphy cares". After you have read this letter I hope to £ind you were sincere in this statement because not only I but a ma3ority of my £cllow neishbors in LaughinS ,~'atcr are deeply concerned with the lack of enforcemen~ of the Zonin~ Code of the 'for;n of Gouthold. The mos~ flagrant violator is one ltarolc~ Jal~ers who is operating a ju~[ yards principally cars and trucks, on the west side of ](akomis Road about 300 feet south of Ba~.:ater Ave. %~le property consists of two lots, ~(1) on which the dalters house is located and ~(2) the iot ad3oini~ Zhe house to ~he north on which the cars and trucks are situated. 'l~e property is zoned Residential. Lot ¢~(1) has an exenption for ~ portion supposedly properly screened because I, lr. ;~altcrs lived there prior to the Zoning Code. Lot #(2~ has no exemption for it was only acquired a few years ~r, ~alters has been previously cited for violations and ordered by Yotm Justice Tedeschi to Clean up the premises, lie was siren a dismissal for compliance. Tkis happened a couple of years ago, now the place is twice as bad as it was previously bu.% the Building Dept. has not issued another citation, Lhat we want to know is why? The penalties for violation have been increased still nothing~ is done. I kno%'z your schedule is busy but the sccr!e of thc violation is less than five minutes from Town Hall. P, ido over and see for yourself this eyesore in an othem':ise well kept residential corm~unity. See why we in Laughing ~ater are cmbarassed by it and, even mere dlsconcert~n~ is to know that the value of our property is beinU depreciated by it. ~is man is literally thumbing his nosc at the Tc~.:n of Soathold and · ,, ,-, · ~,~ · thc Town is doing nothin~ about ~t. ~,e mn Lau~,~z'c oettin5 tie run around ~oin~ ~hrough nor~! channels and arc askin~ you to personally investigate ~hc iuac~ion on the part of ~he Building Dept. Speakin~ of 'khc Building Oe~t. here is another gripe agai~l in LaugI:ins :~atcr. Jan. 4, i984 a hearing was conducted by the So~:thold £o:.n i~oard. (continued) Southold Town Board ppeals -16- November 30, 1983 Regular Meeting PUBLIC HEARING: Appeal No. 3190. Application of WILLIAM BURKHARDT~ by Alfred J. Skidmore, Esq., 117 Newbridge Road, Hicksville, NY 11802, foi~ a Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to construct accessory storage building in an area other than the required rearyard at premises known as 50 Wabasso Street and 2315 Nokomis Road, Southold; County Tax Map Parcel No. 1000-078-03-part of 039. The Chairman opened the hearing at 8:31 o'clock p.m. and read the legal notice of hearing in its entirety Dnd appeal application. MR. CHAIRMAN: We have a copy of a survey dated October 27, 1983 indicating the placement of the existing garage approximately 47' from Wabasso Street and approximately 25'. from Nokomis.Road; and I have a copy of the Suffolk County TaXMap indicating this property and the surrounding properties in the area. Would anybody like to be heard in behalf of this application? . WILLIAM BURKHARDT: Yes, I'm Mr. Burkhardt. This has to do with a garage that has been there for as many years as you indicated, and apparently it's too close to the road under the new ordinances; and we would like to put a house in back of it, and it doesn't make much sense to move the garage. It's in good condition, and it would be a hardship obviously and a great expense, and there's no point to it. It does not conflict with anything across the street. Across the street is Associa- tion property. It's on part of a corner lot. It's really a matter of matching the house with the garage, and a~ garage is how it is going to be used. CHAIRMAN: Thank you. Can I ask you a couple of questions the garage? What is the approximate size of the garage? BURKHARDT: Twenty-two by 24. CHAIP~MAN: We were unable when we were down there to look into the garage, not that we normally do--we usually ask you the ques- tion at the hearing. Are there any sleeping quarters in that garage, Mr. Burkhardt? ~ MR. BURKHARDT: No. That's storage. MR. CHAIRMAN: Storage area. Is there electricity in the garage? MR. BURKHARDT: Yes. It isn't hooked up at the moment. MR. CHAIRMAN: You intend to use this building as a storage building is that correct? MR. BURKHARDT: Yes. Garage. MR. CHAIRMAN: Would you object to a condition that it not be attached to the house in any way? C ..... Southold Town Board of Appeals -17- November 30, 1983 Regular Meeting (Appeal No. 3190 - WILLIAM BURKHARDT, continued:) MR. BURKHARDT: Not at all. I didn't have any plan to attach it. MR. CHAIRMAN: I'm just saying in the near future some people like then to attach it to the house and then we run into a sideyard problem and then another frontyard problem and so on and so forth. MR. BURKHARDT: I don't know. Is that important that-- MR. CHAIRMAN: No, that's just a question that is normally asked. MR. BURKHARDT: It's conceivable that it would make sense some time n the future to attach it. I don't know what to say. If it's important that it never be attached, I would go along with it, but it might enhance the look of the whole set-up if they were attached. At the moment, my plan is not to attach it. MR. CHAIRMAN: Thank you. Would anybody else like to speak in behalf oS the application? (No one). Anyone wishing to speak against the application? Mr. Burkhardt, do you object to any conditions that the garage remain as a storage building? MR. BURKHARDT: No. That's the purpose of it. MR. CHAIRMAN: Thank you. MR. GIFFORD: A few questions here. My name is Gifford. I live in Laughing Waters. The existing structure we're talking about is an alleged garage as far as I'm concerned. I find that it's very unique that a garage has an extension on the back of it which is a screened porch, an outdoor shower, a kitchen window; it's a well ( ) garage with shutters. I just find it a unique structure. The other thing is on the plot plan and information we have, there is no well listed and dimensions; there are no sanitary facilities listed or dimensioned; and if you are allegedly considering putting in another building and the building is to be inhabited by people for summer rental, as I understand it-- MR. BURKHARDT: There's no indication of that. MR. GIFFORD: Well, we've had some indications on this whole-- MR. CHAIRMAN: Excuse me, would you just direct the questions this way so that we don't run into a problem-- MR. GIFFORD: Sorry. We have had three different versions of what's going to happen on this property, and we really don't-- are not clear of what's happening, but we are concerned with a number of things. One is the appearance of the property, appearance of what is going to be put on there as to the appearance of the surrounding homes. The only thing is, if properties are adjacent, and they are, to this piece of property, and if another structure is to be added and if that structure is to have a C of O and to be inhabited, where ! Southold Town Board Appeals -18- November 30, 1983 Regular Meeting (Appeal No. 3190 - WILLIAM BURKHARDT, continued:) MR. GIFFORD continued: is the well; where is the septic tank. Are they existing or are they to be proposed? If they are proposed, should they not be on the plot plan? MR. BURKHARDT: May I say something? MR. CHAIRMAN: Certainly. MR. BURKHARDT: We've had all of that information from the County already, 'and they have the location of wells and cesspools. MR. CHAIRMAN: Do you have that with you, sir? MR. BURKHARDT: Well, let me look and see if I do. MR. CHAIRMAN: Did you have any other questions while this gentleman is looking? MR. GIFFORD: Yeah, we're concerned-- do you buys mind if I talk? FEW LAUGHING WATERS RESIDENTS: Go right ahead. MR. GIFFORD: We're concerned because there has been some dis- cussion in the neighborhood that the premises, the existing ones, have in fact been inhabited and utilized for a summer bungalow. I have never been inside the building. If these stories I here or rumors I here are correct, does that imply there was a bathroom in there and a kitchen; if these things are so, then there must be sanitary facilities. If the structure has never been inhabited, then what I just said is (). The only thing which is germane to what you are considering here, is that if there is anything true to this supposition, then it throws to my mind the whole subject of adding yet another structure to the property into a different prospective. MR. BURKHARDT: Would you pass this up to Mr. Goehringer? (Mr. Burkhardt passed up the approved copy of the 9/21/83 survey from the Health Department, No. 13-S0-173, indicatring the existing and new well and cesspools.) MR. CHAIRMAN: I'll reflect on that in a second. Thank you. MR. GIFFORD: Sure. MR. CHAIRMAN: Do you mind if I ask you the questions that this gentleman eluded to? MR. BURKHARDT: to clarify it. Not at all. I wish you would. I would like C Southold Town Board of Appeals -19- November~--30, (Appeal No. 3190 - WILLIAM BURKH/~RDT, continued:) 1983 Regular Meeting MR. CHAIRMAN: It is my discretion not to swear this gentleman in. Does anyone object to that? (No objection.) Mr. Burkhardt, are there existing facilities in this existing structure now~ MR. BURKHARDT: Kitchen in the sense that there is a sink instead, yes. MR. CHAIRMAN: Is there a stove? MR. BURKHARDT: Yes, there's a stove. MR. CHAIRMAN: R~frigerator? MR. BURKHARDT: And a refrigerator. MR. CHAIRMAN: And this gentleman-eluded to the fact that there was a bathroom facility, or bathroom. ...... MR. BuRKHARDT: Yes, there is a bathroom. MR. CHAIRMAN: T~ere is a bathroom left? MR. BURKHARDT: Yes. Is hasn't been'~sed for many~ many years. We have no point in re-using it when we put the house up behind there. All the work was done, predates ordinances.that no longer permit that. MR. CHAIRMAN: S~ this property has not been used by yourself as a structure for a certain amount of time? MR. BURKHARDT: No. Exactly. '2 had other things that demanded my interests and I used other prQperty in Southold, that belonged to my family. · .... MR. CHAIRMAN: How long would you say this property has not been used as a habitable unit? MR. BURKHARDT: Perhaps 20 years. It was never habitable, but roughly, 20 years. MR. CHAIRMAN: Do you think that the facilities that are in there now are usable, or are they inoperable or what? MR. BURKHARDT: I wo~Idn't have any idea. They could be made usable. MR. CHAIRMAN: And there is a well on the premises? MR. BURKHARDT: Yes & a hand pump. MR. CHAIRMAN: So there are two Wells on the premises3 MR. BURKHARDT: Yes. Southold Town Boar( Appeals -20- November 30, 1983 Regular Meeting (Appeal No. 3190 - WILLIAM BURKHARDT, continued:) Is there any electric running to this building at MR. CHAIRMAN: this time? MR. BURKHARDT: No, it's wired but there's no -- I had it discon- nected. I have no further questions. Would anybody else like to We'll pursue another speak against the MR. CHAIRMAN: line of questioning. application? I would just like to add to that if I may? G. MARINA: is a LILCO meter on MR. CHAIRMAN: Surely. MR. MARINA: In my observations, there the face of the structure facing Nokomis Road. MR. BURKHARDT: Yes, there is a meter; and as I said, it has been wired and LILCO does not remove the meter apparently when you ask to have it disconnected. It's a matter of disconnecting it at the pole, I presume. MR. CHAIRMAN: Please, if you speak would you just state your name? ED FINCK: Can we find out when his last electric bill was? MR. CHAIRMAN: First of all, I would suggest that if you wanted to find that out that you could take the meter number off and call LILCO and they would give you that information. That is not the nature of this particular board--the history or the investigation, by this board. So, that's all I can suggest at this time. Anybody else that would like to speak against the application? Sir? MR. FINCK: I just have a question. The house that's being constructed, have the plans for that been approved? going to be MR. CHAIRMAN: Approved by the Building Department? MR. FINCK: The fact that there's be some Conjecture that it's to be new construction and then later on we heard it was going a house moved from another location. MR. CHAIRMAN: Mr. Burkhardt, is this-- MR. BURKHARDT: It's going to be constructed. MR. CHAIRMAN: Over on this side of the room, anyone wishing to speak against the application? MR. BURKHARDT: Excuse me, can I say something? MR. CHAIRMAN: Surely. C Southold Town Board of Appeals -21- Novemb 30, 1983 Regular Meeting (Appeal No. 3190 - WILLIAM BURKHARDT, continued:) MR. BURKHARDT: If this man, if I can address myself to the specific question of what he's leading to in asking about the bill, I'd be happy to-- MR. CHAIRMAN: Let him go over this plan and-- MR. BURKHARDT: No mean the part of the electricity. I don't know what he was suggesting by long has it been since I've received an electric bill. I don't know what his point was. MR~ FINCK: Well, if you paid the electric bill, it means the place was occupied. MR. BURKHARDT: Yes, well, electricity was used. I've admitted that. I said that was 20 years ago. MR. FINCK: Twenty years ago? MR. BURKHARDT: Roughly. MR. CHAIRMAN: Ail right, on this side of the room? MR. GAYNOR: My name is Gaynor and I'm a resident of the Laughing Waters area. There are several items. Even though it's prior to years of having ( ) to the local area, the garage building (statement unclear due to background noises). Apparently not used as a garage or living quarters or for storage; therefore, it is not compatible with the area, in Laughing Waters. Second of all, he has a structure also, if you call it a structure-- MR. FINCK: Shed. MR. GAYNOR: Shed. Looks like the body of an old truck. MR. BURKHARDT: It's a shed. MR. GAYNOR: There's another one behind that. We're wondering what he's going to do with that. MR. BURKHARDT: May I answer that immediately? MR. GAYNOR: I'm not done. MR. BURKHARDT: I'm sorry. MR. GAYNOR: Up till now we can't touch it because it precedes whatever happened, years ago, and there's nothing we can do about it; but if he's going to put something on there now --is he going to use that structure; is he going to make it look better? will it enhance the property? The way it is now, we wouldn't be in favor of it. We object to it very strongly. MR. CHAIRMAN: Thank you, Mr. Gaynor. Mr. Burkhardt? ~Southold Town Board o~Appeals -22- November 30, 1983 Regular Meeting (Appeal No. 3190 - WILLIAM BURKHARDT, continued:) MR. BURKHARDT: The shed will be going. They were there at the outset, and they're right where the house is going. After the sheds are gone, we have no need for them. There's a beautiful garage that Mr. Gifford describes so well by saying it has a picture window which is nothing more than a 2' by 3' piece of plate glass. And you gentleman can see how palatial the garage is by going to take a ride and look at it. But the out buildings are going and they're in the way of the new construction. And if I may continue, there's nothing going to be done that is not going to upgrade the property. That's my only intention. These people have no concern about anything being done to depreciate property.values in general or specifically. All I'm trying to do is add a house to an existing garage which predates zoning ordinances. MR. CHAIRMAN: Thank you. Mr. Gaynor, basically some of your concerns is what I asked Mr. Burkhardt in the beginning of this hear- ing; and that was, would you object to a restriction on this as just being a storage building, which would mean if there were any utilities in there, he would basically have to take those out. It has to remain as a storage structure. That is different however than if he attached it to his house, and that was the purpose of my other question, you know, would he be attaching it to the house--would he object to that restriction, because then you could encompass that particular area that is now storage and encroach upon that and make it habitable area. Do you understand that? MR. GAYNOR: I understand that. What I can't understand is that he's putting a new residence up. I still don't know if it's a new reSidence or a present residence being moved over? MR. BURKHARDT: New residence. MR. GAYNOR: Why would he --he would actually have two residences there on one piece of property? We're using the ~irst one -- I know what you're saying--the electricity, water, he has all the makings or all the materials and utilities there to have the residence, and now he's putting another one. Why would he have two of them unless he used one for storage and the other one actual living quarters? MR. CHAIRMAN: Well, we're seeking to sugges~ to him that he take that out as the part of this application if this board does grant it, ok? So I can assure you that any decision, if we do render a decision in the favorable sense, that it will be rendered with some very strict restrictions-- MR. BURKHARDT: May I say something again. Last year around this time you granted me the minor subdivision, and at that time you specified in your variance that it not be used for anything but a garage, or words to that effect. It's a restriction in the variance which encompassed dividing --making the minor subdivision. MR. CHAIRMAN: That's correct. MR. BURKHARDT: It's already covered. Southold Town Board of Appeals -23- November 30, 1983 (Appeal No. 3190 -WILLIAM BURKHARDT, continUed:) MR. CHAIRMAN: Any other questions, Mr. Gaynor? (None) ! Regular Meeting MR. CHAIRMAN: I hope that answers your question. MR. GAYNOR: It does. MR. CHAIRMAN: Really, there are two things I don't want. Number one, I don't want anybody to walk out of this room and have any heart problems.tonight because we've had that problem also. Number two, I would really rather see neighbors work things out than have animosity among neighbors. And I will say this. Everybody has been extremely courteous tonight and I and the board appreciates that, and that's the way things get done. MR. BURKHARDT: May I say something? Apparently, the wording in the newspaper was a little bit too technical or something that could not be understand by someone who had not been briefed on the situation. "...Permission to construct accessory storage .... " This is what con- fused, I believe, many of these people and that they thought something was going to be constructed as an accessory building to the existing garage rather than what actually is the case that we're creating per- mission to use the garage in a position where it is not normally used. MR. GAYNOR: That wasn't really the confusing part. One of the neighbors adjacent to him, not Mr. Wood, Mr. Bourgesson who happens not to be here and is in Florida, had spoken to him and he told him he was moving an existing building from another area onto the land that is presently there. Now once you read that and get a story of that one plus you've got a set of spec's here that tells an altogether different story -- we've gotten three different versions, and that is what caused the confusion. One of them has to be correct and that's why we're here tonight. MR. CHAIRMAN: Can I just go over to the gentleman next to you-- did you have a question, sir, a moment ago? MR. RUSLING WOOD: Me, sir? I had just exactly what Mr. Burk- hardt said, "confusion." Absolutely. MR. CHAIRMAN: What's your name, sir? MR. WOOD: Rusling Wood. I'm his next door neighbor. MR. MALINO: I just wanted to know if this building or addition will be at any time used as any kind of a business? A warehouse? Or any kind of a business? MR. CHAIRMAN: Not so far as this board is concerned. MR. BURKHARDT: And not so far as the owner is concerned. MR. LESSARD: Or the building department. Southold Town Board of Appeals -24- November 30, 1983 Regular Meeting (Appeal No. 3190 - WILLIAM BURKHARDT, continued:) MR. CHAIRMAN: Oh, I'm glad your still there-- MR. LESSARD: I've been listening here, and-- MR. CHAIRMAN: I was eluding to the fact that there were nights when Mr. Lessard was a little more linquistically oriented. (jokingly) MR. LESSARD: If you want me to try and put everyone's mind at ease, I will. The laws are very definite on the three problems you brought up. Number one, he will not build a new house until he gets the ok from the Health Department that he has on the survey; Number two, there will be only one habitable building on that property. should down the road he decide to buy a building a move it on that property, he will have to meet the requirements of a new building. Space-wise, energy-wise, the whole thing. So whatever happens when he gets done there is going to be a new house there, if he chooses to build on it. Again, the minute he wants to build a new house or whatever, all utilities that would indicate more than one dwelling that could be habitable would be removed, or he will not get his C.O. or permit. So anything other than that you want to explain, I can certainly put your mind at ease in a hurry on it. MR. CHAIRMAN: Thank you. Anyone else like to speak for or against the application? MR. BURKHARDT: One final thing. I could have spoken to more than one neighbor. I spoke to one neighbor, and I could have spoken to more and perhaps clarify this. I did not. I did not see the necessity for it, and perhaps I was mistaken by not taking everybody into account, sort of speak; but I can see where they're concerned about their property values and what I'm going to do there, and it speaks~well for my community to own property where people are so .. concerned. MR. CHAIRMAN: Thank you, Mr. Burkhardt. Heaing no further questions, I'll make a motion closing the hearing. MEMBER SAWICKI: Second. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close the hearing in the matter of Appeal No. 3190, application of WILLIAM BURKHARDT. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.~ c~OUTHOLD. L.I.. N.Y. 11cj'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWICKI January 5, 1984 Alfred J. skidmore, Esq. 117 Newbridge Road Hicksville, NY 11802 Re: Appeal No. 3190 - william Burkhardt 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 be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Mr. william Burkhardt GERARD P. GOEHRINGER ~; ~i~da F. - K~walsKi Secretary APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 BOUTHrlLD, L.I., N.Y. 11¢J'71 TELEPHONE (516) 765-1809 January 5, 1984 Mr. William Burkhardt Bayview Road Box 388 Southold, NY 11971 Re: Appeal No. 3190 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 be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER Secretary L~[ [~O~ M p Parcel No. 1000-51-3-14. for a Variance to the Zoning ~. 7:45 p.m. Application for Ordinance, Article III, Section LEGAL NOTICE Mr. and Mrs. Saul 100-32 for permission to Roseustreich, by Skinny Dio ~ . .construct accessory storage NOTICE IS HEREBY Pools, Inc., Main' Road, · building in an area other than GIVEN, pursuant to Section Mattituck, NY for a Variance . ~ the 267 of the Town Law and the to th,, ~ · ~ _. : required rearyard at Provisions of the Amended ~,~f~ v~unj?g, or~hnance premises located alon Fox ~:~ ...... := ,:,, oection 100-32 for Avenue, Fishers Istan~,g Ny. aC°~;ufla~re ~l°eeW~in°~Sa°nUdth~d~ . ~Pneg~tsOn. to. construct County Tax Map Parcel No'. following public hearings will ra~O~ ~ . wmumngpool, dock , 1000-~006-06-~1. . .u ~encmg in the frontyard :15 p.m. Application of be held by the Southold Town area of this parcel known as '. WILLIAM BURKHARDT, by Zoning Board of Appeals at 645 Little Poconic Bay. Road ' Alfred J. Skidmore, Esq, 117 r. the Town Hall, Main Road, ~ and 3700 Haywaters Rna d I ~i~'M~ Southold, NY on Wednesday, Nassa- ~ ......... nad, Hicksvflle ' N°vemh~r ~ ' 1983. 806 ~o~m.%~!u.~,_~r~op..M_ap ~' ~ NYllS02;foraVariancetoth~ commencing at 7:~ pa~'~.L-.,~o.u~..ty tax Map ' ] Zoning Ordinance, Article Ill, asfollows 7 ~..o. ~ov~-,lll;ll-009. [ Section 100-32 for permission ~ : ~-m. application of to construct accessory storage 7:30 p.m. Applicatinn of JOHN C. DILLER, 260 - building in an area other than ROBERT A. CELIC, Main Peconic Bay' Boulevard,· the required rearyard at vR~O_a:d_, _M_att.ituc.k: NY~ fo.r a Laurel, NY for a Variance to ,.,_~.~nce ~o m.e ~onlng the Zouing rdinnno,~ a,.~' ~ ~ . nown as 50 ,-~rumance, Arhcle VIII, III ~,,,~r_~a,-;,7, ..... tc,e~-'l' ?.apass~ Street and 2315 Section I00-80(C) and 100- ,e~mi~s]~-vn, a~J-32 for ~ ~Nokomis~ Road Southold; 60(C~) fnr~ermiss on t~ ~-,~,-~ ~ g on ~o construct Count Tax Ma .-- .......... ~ . . . Y p Parcel No. off-orem~ses direct onal si .... ~e~s_ ?,fy storage building in ~0~TtYs~Ta-~a~rt of 039. · ' , · . s;; u~e~rontyaraareaofpremises~ · 8:20p.m.t~;plicationofMR. m this C-Light Industrial known as 260 Great Peconic AND MRS. RALPH MER- Zone at premises located at Bay Boulevard, Laurel, NY; ' · RILL, 3300-26th Avenue East, the South Side Main Road, County Tax Map Parcel No. ~ Greenport, NY, and more~ '1000-145-02-1.6. ~articuiarly known as County 7:55 p.m. Application of The Tax Map Parcel No. 1000053- Suffolk County National Bank, 02-26. Box 702, Cutchogue, NY for a ?:35 p.m. Application for Variance to the Zoning Frances Satrtano and the ~ Ordinance, Article VII Estateof MichaelSatriano, by Section I00-70(C)[2] for Dolores Adolph, 763 Norman permission to have second Drive, North Bellmore, NY identification sign on side of 11710, for a Variance to the building facing the parking lot Zoning Ordinance, Article III, . (Keyfood Shopving Center) at Section 100-31, for permission premises kno~ as 31225 Main · t~ reseparate two substandard Read, Cutchogue, NY; County parcels having insufficient ~5~0x12M. ap Parcel No. 1000-097. area, width and depth, located st the west side of Fiddler - 8 00 p m A licati Lane, Grennnort NY. ~,,,,~,, ' -. - PP 'on of '-- ' , .....-' Richard Jarzombe Tax Ma Parcels k Osborn 2.Sand~.P No. 1000-36- ~i Avenue Baiting Hollow, NY · 11933 for a Variance to the 7:40 p.m. Application of Zoning Ordinance, Article III, Nick and Anna Audrintis, Section 100-32(A) for 21120 Soundview Avenue, . permission to Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-119.1 for permission to erect fence .a?cessory windmill exceeding the maximum height requirement of 18 feet at · premises known as 5520 exceeding four feet high in the frontyardarea of premisez at the northwest corner of intersoction with Clark Road and Soundview Avenue, ~outhold, NY; County Tax · Narrow River Road Orient, NY County Tax Map Parcel No. 1000-027-4)2-004. 8:10 p.m. Application of Serge aud Janice R. Doyen, Box 263, Fishers Island, NY. Estates //27, Bradenton, FL 33508, for a Variance to the Zoning Ordinance, Article III, Soction 100-31, for permission to reseparate two substandard parcels, each with an existing dwelling, having insufficient area and width, and known as Lots 41 and 42 on Subdivision Map of Laurel Park, Map #212; County Tax MapParcels No. 1000-127-08-6 and 7. 8:25 p.m. Application for NORMAN J. MURRAY, by Wickham, Wickham & Bressler, P.C., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to divide Lots 37 through 40 of Laurel Park Subdivision into two separate substandard lots located at the east side of Oakwood Road, ~aaUre!,..NY; County Tax Map rcei NO. 1000-127-8-8. 8:30 p.m. Recessed Hearing: Application for DIMITRIOS PAPAGIAN- NAKIS, by D. Kapell, 400 Front Street, Greenpert, NY for a Variance to the Zoning Ordinance, Article III, Section 10~-.31. to redivide two parcels. STATE OFNEWYORK ) ! SS: COUNTY OF SUFFOLK ! ,TT]I~T~rR A CRTP, N! of Groonport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one ( weeks successively, commencing on the ~ dayof November 19~3 Principal Clerk Sworn to before me this [7~ch do,,~ No-~mbcr lq a3 NOTICE SOUTHOLD TOWN BOARD OF APPEALS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Seuthold, a Regular Meeting and the following public hearings will be held by the Seuthold Town Zoning Board of Appeals at the Town Hall, Main Road, Southold, N.Y. on Wednes- day, November 30, 1983, comm~nclng at 7:30 p.m. anti as follows: ~7~30 n.m. Application Of ~ other than the required fear- I yard at premises located along ~ Fox Avenue, Fishers Island, NY; County Tax Map Paccel ~ No. 1~.006-06-001. ~ ~'8~1S plm. Application of (WILLIAM BURKHARDT, by ~Mfred 3. Skidmore, Esq., 117 ~ewbridge Road, Hicksville, /~NY 11802, for a Variance to the /Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory storage building in an area other than~ the required rearyard at pre- yawn as S0 Wahasso Street and 2315 Nokomis "Road, Southo!d; County Tax Map Parcel No. 1000-078-03- ~_.part of 039. . 8:20 p.m. Application of MR. AND MRS. RALPH MERRILL, 3300-26th Avenue East, Estates #27 Bradenton, FL 33508, for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to reseparate two substandard parcels, each with an existing dwelling, having insufficient i area and width, and known as Lots 41 and 42 on Subdivision Map of Lagrel Park, Map #212; County Tax Map Parcels No. 1000~127-08-6 and 7. 8:25 p.m, Application for NORMAN J. MURRAY, by Wickham, Wlckham & Bress- let, P.C., Main Road, Matli- tuck; NY for a Variance to the Zoning Ordinance, Article IlL Section 100-31, for permission ~, to divide L~ts 37 through 40 of Ia Laurel Park Subdivision into t two separate '~ubstandard lots iv located at the east side of !' Oakwood Road, Laurel, NY; I County Tax Map Parcel No. i- 1000-127-8-8.. p 8:30 p.m. Recessed Hear- -' lng: Application for DIMI- ~i TRIOS PAPAGIANNAKIS, by ~, D. Kapell, 400 Front Street, Greenport, NY for a Variance. to the Zoning Ordinance, Article II1, Sect{on 100-31 to redivide two parcels, each having insufficient area and width located on the west side of Stars Road, East Marion NY; Stars Manor Subdivision Map #3864, Lots 20 and 21; County Tax Map Parcels No. 1000-22-04-001 and 002. Dated: November 14, 1983. BY ORDER OF THE SOUTHOLD T, OWN BOARD OF APPEALS GERARD P. GOEHRINGER, ~ CHAIRMAN ' '- ;' 1T.11/17/83(55~ I COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- / man once each week for ........................................ weeks /?~ successively, commencing on the .................................... ,Jay o f./.~.,¢: :: ........... ' '" '~/' '~ '~'~' · '~" ' "~'" = ............ 19'"'"J~" ~ /7 ~[' day of Swam to before me this ................................ ,~/~.-.~ ~,,..-/.~ 19 ....Z~.-? CLEM~.NT J. THOMPSON · OTRY, UBL C, State d ~w YOrk '19 52-9321725 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 7, 1983 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 (516) 765 1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 3190, application of William Burkhardt for a Variance. Also attached is Notice to Adjacent Property Owners, Letter relative to N.Y.S. Tidal Wetlands Land-Use Regulations, Short Environmental Assessment Form, Notice of Disapproval from the Building Department, Application for a Building Permit, and surveys of the property. Judith T. Terry Southold Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ct the Petition of : WILLIAM BURKHARDT : to the Board of Appeals of the Town of Southold : TO: Carl P. and Man, C. Boergesson Laughing Water Southold, N. Y. 11971 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to requestS(Special Exception) (Special Permit) (Other) [circle choice] for erection of a single family residence ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: beinq a parcel 26417 sq. ft. at 50 Wabasso Street and 2315 Nokomis Road, Southold, being situated at the South East corner of the intersection of said streets. 43' 3. That the property which is the subject of such Petition is located in the following zoning district: Zone A Residential/Agricultural 4. That by such Petition, the undersigned will request the following relief:perr~ssion to erect a x 25', 1 story frame, single family bungalow, to the lot adjacent to the existing garage, have a front yard set back on Wabasso Street of 47 ft. and a front yard set back on Nokomis Rd. of 25 ft., that being the current set back to %he existing qaraqe. $.That theprovisionsofthe ~uthoTdTownZoningCodeapplicabletothereliefsoughtbytheunder- signedare Article XII Sect/on 100-121(B) 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) 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, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: November 7, 1983 ~ [~&C Petitioner William gurkhardt Post Office Address P.O. Box 388 Bayview Road Southold, N. Y. 11971 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Rusling Wood, Jr. and Dorothy A. Wood 53 Cambridge Rd., Montclair, N. J. 07000 & 290 Wabasso Street, Southold, N. Y. 11971 Carl P. Boergesson and Mary C. Boergesson Laughing Water, Southold, N. Y. 11971 STATE OF NEW YORK) COUNTY OF~K) NASSAU SS.: Betty McKeon , residing at 74 Hill Lane, Levittown, N. Y. 11756 , being duly sworn, deposes and says that on the day of November _, 19 83 , 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 Hicksville, N.Y. ; that said Notices were mailed to each of said persons by (certified) (,-t'W~%~l) mail. Sworn to b~ore me this / / / / [ Notar~ublic 390 481 0-/2 R. & D. Wood 290 Wabasso Street Southold, N. Y. 119"/1 P 390 481 071 ~[.,= f, FC, R CERTIFIED MAIL R. & D. Wood 53 Ca~bri~g~ R~. Montclair, N.J. 07000 P 390 481 073 RECEIPT FOR CERTIFIED MAIL ~ ~La~ing _W_ater OTOWN OF $OUTHOLD, NEW YORKO APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~/~'(~) DATE ......1..1./..7.,,~ .8..3. ......... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ................... of .................... Nome of Appellant Street and Number Southold N.Y. ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 9/26/83 FOR: Location of single family residence from another location for summer residency. WHEREBY THE BUILDING INSPECTOR DENIED TO William Burkhardt Name of Applicant for permit of Box 3~8 -a 'ew R a- Southold, New York .......... .~..,.~...~..y.Y~. q g, ................ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) PERMIT TO BUILD I LOCAIION OF THE PROPERTY 50 Wabasso St. & 2315 Nokomis Rd., Southold Street and H~let Zone 1000 $.078 B. 03 L. P/039 OWNER(S): W%~.~g;kh~t ...... Map Nc Lot No 1950 ...._ _ DATE PURCHASED: . ............ .. . .... . 2 PROVISION (5/ OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub sechon and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance) A~_ti.g_l_e III__,_ _Se~_tion_ 100-32 3 TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to Jack of access (State of New York Town Law Chop. 62 Cons Laws Art 16 Sec 280A Subsection 3 4 PREVIOUS APPEAL A prev,ous appeal (~t~J=) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special perm,t ( ~/;'equest for a variance and was made in Appeal No ......... ~.: . .... Dated ) (x) ) requested for the reason that REASON FOR APPEAL A Variance to Section 280A 5ubsect,on 3 A Variance to the Zoning Ordinance we would like to FoI~, ZB] (Continue on other side) REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIPbecause the parcel has been held in single and separate ownership since 1950 on whom was constructed a garage. Thereafter, the amendment of Ordinance Article III, Section 100-31 in 1973 rendered the parcel too small on which to construct a residence, and the premises thereby have been rendered valueless unless the application is granted. 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE C~IARACTER OF THE DISTRICT because the proposed location of the single family residence adjacent to the existing garage will conform to the existing pattern of the neighborhood, and, indeed, will improve the parcel in value and enhance its general appearance, and that of the neighborhood. STATE OF NEW YORK ) COUNTY OF NASSAU ) Signature William Burkhardt Sworn to this .............. .~...i~.~ ............ day of ....... Ng~9.m~)9'~ ............................ 19 83. FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined ................ , 19 ... Approved ................. 19... Permit No ............ Disapproved a/c ..................................... Received .......... ,19... (Building Inspector) APPLICATION FOR BUILDING PERMIT Date..~gP~q.rafP. PKfi,..,19.~ INSTRUCTIONS a. Tiffs application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule· b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or 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, and regulations, and to admit authorized inspectors on premises and in building for necessary iydpec~ions. · '.. (Signature of applicant, or name, if a corporation) Willzam Burkhardt .......... qx.. ..................... (Mailing address of applicant) Southotd, N. Y. 11971 State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises .... hTi. J_.l.5:.a..m' .B.u.r.k..h/%:~cJ .t .................................................. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................... Plumbers License No... Z~. ~.,~. ~...~..~.~.~,~-~ E lectriciansLicenseNo., f.~..:..r~... Other Trade's License No ...................... _.# ~(~q~ 1. Location of land on which proposed work will be done...~n..tp.r.~e..c.t.i.qr3..o?..N.o..kg.m.i.~' .R.o.a.d...a.n.d. ......... ~ ~-O Wabasso Street, Sbuth-Zast Corner, Southold [louse Nmnber Street Hamlet County Tax Map No. 1000 Section .....,.-9~.....~.7..~.... Block ...9.3.. ............ Lot..P./.03~.. Minor Subdivision ...%]illiar~ ~urkh.ardt .............. Filed Map No ............... Lot . .~ ............ (Name) 2. State existing use and occnpancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . . G.a.r.a. 9'.e' .a.r} .d..St. 9 .-.r.age ............................ Location of single family residence from ,another b. Intended use and occupancy · ' '6&i:Y'dfi' '/sb'r' ' uki4 k' i:b' ia&h'c'9 .............................. 3. Nature of work (check which applicable): New Building .......... Addition .......... Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work...M. 9.v.i.n.g ..... · house from another location on to the lot (Description) 4. Estimated Cost ..... $...5.,.Q.09...QQ ..................... Fee ..................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ...Q.n.e ......... Number o f dwelling units on each floor ................ If garage, number of cars ........................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ...................... 8. Dimensions of entire new construction: Front .... .4.5.., ..... Rear ....4~ ......... Depth ...26 .......... Height .... J-6 '. ....... Number of Stories .... .o.n.e. ................................ 9. Sizeoflot: Front .... 114 ............... Rear .... .1.3.4 .............. Depth .... 1..6.0 ............... 10. Date of Purchase .......... ~9 ~.0 ............... Name of Former Owner ............................. ~r ~se d~ot .... m ........v.~mmes are s~tuated ........ A.. 12. Do~s proposed construction viola:Ie any zoning law, ordinance or regulation: n.o. ...................... 13. Will lot be regraded ..... la.o. .................... Will excess fill be removed from premises: Yes 14. Name of Owner of premises him.. B~rkha.r. dt .... Address .BOX..} .8.8..S.o.u..t.h.ql.~hone No ................ Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Phone No ................ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YORK, $..S COUNTY OF .... .17.A.S.S.A..U ...... William Burkhardt (Name of individual signing contract) above named. being duly sworn, deposes and says that he is the applicant He is the ......... .Ow..n.e.r. .......................................................................... (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 ....... '.~.~i..~'. ~. ....... day of .'~ .~.Z~4jg ........ 19 .of.'-.~ .... ~../')fi?/;7., 4/~.', .3'..'~.~..'~-. :~., ...... County Notary Public,... g" ~ ~ .~-.3f,:;:;-: . .~ W~lliam Burkhagdt (Signature of applicant) November ~, 1983 (Today's Date) To: Southold Town Board of Appeals · Main Road Southold, NY 11971 Re: Appeal Application of William Burkhardt Location of Property: 50 Wabasso Street and 2315 Nokomis Road, Southold, N. Y. Dear Sirs: S~a~u Environmental Conservation Law, subject property iQ the within appeal In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York please be advised that the application: (please [ ] check one box) May be located within 300 feet of tidal wetiands; hc%vever, constructed along the water-lying edge of this properny 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 properny 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 tidal wetlands; and there is no bulkhead or concrete wall existing 'on the premises. Is not located within 300 feet of to the best of my knowledge.* tidal wetlands not appear to [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S. D.E.C.] Sincerely yours, ~S~gna~ure please) NOTE: If proposed project falls witq%in D.E.C. jurisdiction, approval must be received an~ submitted to our office before your application can be scheduled for a public hearing. SHORT 5NVIROh2~ENTAL ASSESSMENT FOP~M IISTR~C (a) In order to answer the questions in this shor~ gAF ia is assumed that the preparer will use currently available inforr.~ation concer~ing the project and the likely impacts of the action, It is not ex-Petted that additional studies, research or o~her investigations will be undertaken.' (b) If any question has been answered Yes the project may be significant and a ccmpleted Environmental Assessment Form is necessa~/. (c) If all questions have been answered No it ia likely that this project is not significant. (d) Enviro.tmental Assessment 1, 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 Will project alter or have a large effect on an existing body of water? , , , , , , Yes X No g, Will project have a potentially large impac~ on groundwater quality? ' ' ' , , · , · ¥e$ X No 5. Will project significantly effect drainage flow on adjacent sites? · · · · · · · Yes X No 6, Will project affect any threatened or endangered plant or anLmal species? . . . , . , , Yes X No 7. Will project result in a major adverse effect on X air quality? ' · ' · · , · · Yes No 8, Will project have a major effect on visual char- kno'~n to be important to the community? · * * .. Yes X No 9. Will project adversely impact any site or struck- ute of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? · , * .. Yes X No 10. Will project have a major effect on existing or future recreational opportunities9 , · , Yes X No 11, Will project result in major traffic problems or cause a major effect to existing transportation 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 1k. Will project ~ffect the e×isting community by directly causing a growth in oermanent popula- tion of more than 5 percent o%er a one-yeap period or have a major negative effect on the charac%e--~ of %ne com. muniLy sr aelghborhocdP. , Yes X No 15. Is there p~blic contrcve~ concernlng the project? Yes X No PREP~RER'S SIG~IATL~- '~ ~-~ ~ ~ ~'z~/_~ ~v~i.~-TTT~.LS: Owner R.PRES_JTI.~G: Self DATE: Noven%ber ~ 1983 (, -[ ~oo,= ~- ,\\ i/ k...J it . -I ? 4~ 'r~bL. Ov~ L, O) Lo ~VATiON INS.°ECTION REQU~ SLEEPY HOLLOW GARRETT A. STRANG architect Main Road'P.O, Box 1412 Southold N.Y. 11971 516- 765 - 5455 ]o 3/ , X~ architect ',, Main Road P.O. Box 14~2 Southold N.Y, 11971 '%x 516- 765 ' 5455 GARRETT A. STRANG architect Main Road P.O. Box 1412 Southold N.Y. 11971 516- 755 - 5455