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TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOAI~D OF A~PEALS
Appeal No. 2720 Application Dated July 22, 1980
ACTION OF THE ZONING BOARD OF APPEALS OF TNE TOWN OF SOUTHOLD
To Mr. John Kramer
6 Kim Avenue
Smithtown, NY 11787
AppeHant
at a meeting of the Zoning Board of Appeals on August 27,
was considered and the action indicated below was taken on your
( ) Request for variance due to lack of access to property
( ) Request for a special exception under the Zoning Ordinance
(X~[ Request for a variance to the Zoning Ordinance Art. III ,
( )
1980, the appeal
Section 100-31
1. S~Wi~~~J~~B~~X~X~X~~X( ) be
granted ( ) be den~ed p~suant ~ Article .................... Section .................... Subsection .................... paragraph
.................... ~ the Zoning Ordnance and the decision of the Building I~pec~r ( ) be reversed ( ) bo
co~med because Public Hearing held 8/14/80 at 8:20 p.m. Application
of John Kramer, 6 Klm Avenue, Smithtown, New York, for a Variance
to the Zoning Ordinance, Article III, Section 100-31 for permission
to construct one-family dwelling with insufficient frontyard set-
backs and insufficient sideyard setback. Location of property:
Corner of Windjammer Drive and Harbor Lights Drive, Southold, NY;
bounded north by Harbor Lights Drive, west by Jones, south by Zic,
east by Windjammer Drive; County Tax Map Item No. 1000-71-2-20.
(SEE REVERSE SIDE)
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ora~,~uce (would) (would not) produce
hardship because
(SEE REVERSE SIDE)
practical difficulties
(b) The hardship created (is) (~ not) uulque and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
(sEE REVERSE SIDE)
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
(SEE REVERSE SIDE)
(would not)
and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
FORM ZB4
ZONING BOARD OF APPEALS
After investigation and personal inspection, the
Board finds that applicant proposes to construct an
one-family dwelling with an insufficient sideyard set-
back (on the west side) of approximately 7'4" and with
an insufficient frontyard setback (east side) of
approximately 24'9" at its nearest point and with an
insufficient frontyard setback (north side) of approxi-
mately 35'. The Board finds existing on the premises
a brick garden wall, for which applicant proposes to
use for gardening. Because of the uniqueness of the parcel
having two frontyards (corner lot), the Board feels that
applicant's request is not unreasonable, that the relief
requested is not substantial in relation to the Code
requirements, and detriment to adjoining properties
would not be created. Accordingly, the Board agrees
with the reasonings of applicant.
The Board finds the circumstances present in this
case are unique, and strict application of the ordinance
would produce practical difficulties or unnecessary
hardship. The Board believes the granting of a variance
in this case will not change the character of the neigh-
borhood and will observe the spirit of the zoning ordi-
nance.
On motion by Mr. Grigonis, seconded by Mr. Goehringer,
it was
RESOLVED, that John Kramer be granted a Variance to
the Zon{ng Ordinance, Article III, Section 100-31 as
applied for in Appeal No. 2720, and SUBJECT TO THE FOL-
LOWING CONDITION:
That the area within the brick garden wall existing
on the premises not be used for any further construction,
without the express prior written approval of the Board
of Appeals.
Location of property: Corner of Harbor Lights and
Windjammer Drives, Southold, New York; bounded north by
Harbor Lights Drive, west by Jones, south by Zic, east by
Windjammer Drive; County Tax Map Item No. 1000-71-2-20.
Vote of the Board: Ayes: Messrs. Grigonis, Tuthill
and Goehringer. Absent were: Messr. Douglass and Doyen.
APPROVED
Page 2
Legal Notice of Hearings - Board of Appeals
Meeting to be Held August 14, 1980
8:20 p.m. Application of John Kramer, 6 Kim Avenue,
Smithtown~ New Yorkt for a Variance to the Zoning Ordinance,
Article IIIr Section 100-31 for permission to construct
Q~-famil¥ dwellin~ with insufficient frontyard setbacks
a~ insufficient sideward setback. Location of property:
Corner o~ Harbor Lights Drive and Windjam~.er Drive, Southold,
New York; bounded nort~ by Harbor Lights Drive, west by Jones,
south by Zic, east by Windjammer Drive; County Tax Map Item
No. 1000-71-2-20.
8:35 p.m. Application of Marian DiCristina Hendrickson,
by Robert W. Gillispie, III, as agent, North Smith Drive,
Southold, New York, for a Variance to New York Town Law,
Section 280-A for approval of access. Location of property:
South side of North View Drive, Orient, New York; bounded
north by North View Drive, east by DeMaria, south by DeMaria,
west by Tuthill; County Tax Map Item No. 1000-13-3-1.
8:55 p.m. Application of Adeline Lee, by Abigail A.
Wickham, Esq., Main Road, Mattituck, New York for a Variance
to the Zoning Ordinance, Article III, Section 100-30 and
Bulk Schedule, Section 100-31, for approval of insufficient
area. Location of property: Laurel Way, Southold, New York;
bounded north by Laurel Way, west by Mulvihill, south by Sladon,
east by Schimpf; County Tax Map Item No. 1000-121-4-12.1.
9:10 p.m. Application of North Fork Motel, Inc.~ by
Sam Rodland as agent, 55 Pilgrim Path, Huntington, New York
11743, for a Variance to the Zoning Ordinance, Article VII,
Section 100-70 for permission to change existing motel use to
privately-owned units (or condominium) use in a B-1 Zone.
Location of property: Corner of County Road 27 and Sound-
view Avenue, Southold, New York ; bounded north by Soundview
NO~ICE OF HEARINGS
west by Tobin; Coun~ 'ax
Map Item No. 1000-75-2. and
1'7.
8:2~ p.m. Application of
,.John Kramer, 6 Klm Av-~'ffuef
,_smit-hi.i)~,h, N~W York,~r a
~ vafi~'hce-(o th~ Zoning~i~-~
m¢ce~ Article Iti, S~cfion 1~--
31 for permission to co~uct
~on'~:f~miiy dwelling w~in-'
suff[~ie~;~ frbn{y~k~ setbaeks-
~an~Tnsufficient siffeya~-
~a~. L~ti~p. of pro~ty :'
· Cor~k~ Barbor Ligh~ DrlvC
and wJnffj~m~er ~ve,
~¢lh6l~ N~W Ybrk; b~e~
fiSrth by Ha~r Ligh~s~e,
west by Jones, south by Zic,
east by Windjammer Drive;
County Tax Map Item No.
1~-71-2-20.
8:35 p.m. Application of
Marian DiCristina Hea~ick-
son, by Robert W. GiHispie,~
III, as agent, North Smith
Drive, Seuthold, New York,
for a Variance to New York
Town Law, Section 2~A for
approval of access. L~ation
of pro~rty: South side of
North View Drive, O~ent,
New York; bounded north by
North View Drive, east by
DeMaria, south by DeMaria,
west by Tuthill: County Tax
Map Item No. 1~-13-3-1.
8:55 p.m. Application of
Adeline L~, by Abigail A.
Wickham, Esq., Main R~d,
Mattituck, New York for a
Variance to the Zoning ~din-
ance, Article III, Section 1~-
30 and Bulk Schedule, Section
1~31, for approval of insuf-
ficient area. L~ation of pr~
~rty: ~urel Way, Southold,
New York; bound~ north by
Laurel Way, w~t by Mulvi-
hill, south by Sladon, ~st by
Schimpf; County Tax Map
Item No. 1~-121-4-12.1.
9:10 p.m. Application of
North Fork Motel, Inc., by
Sam RMland as agent, 55
Pilgrim Path, Hunti~ton,
New York 11743, for a Var-
iance to the Zoning Ordinance,
Affiele VII, Section 1~70 for
~i~i~ ~ e~e exirqng
m~l ~ to priva~w~
um~ (~ ~u~
a B-1 Zone. I~ati~
ty: Corner of County
and Soundview Avenue, Sout~
old, New York; bound~ north
by Soundview Avenue, east by
County Road ~ and Sound-
view Avenue, south by County
Road ~, west by Main, Kem-
~r, Zech and ~mon; County
Tax Map Item No. 1~135-2-
23.
Dat~: July 24, 1980.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEA~
1TJy31-34~
Pursuant to Section 267 of
the Town Law and the Provi-
sions of the Amended Cede of
the Town of Southold, the fol-
lowing matters will be held for
publi" ' carings by the Board
of Arpeals, Town of Southold,
at the Town Hall, Main Road,
Southold, New York, on Thurs-
day, August 14, 1980:
7:40 p.m. Application of Wil-
fred G. Gilman, Jr., 22 Scot-
land Avenue, Madison, Con-
necticut 06443, for a Variance
to the Zoning Ordinance, Art-
icle VII, Section 100-71 for per-
mission to construct addition
with insufficient rearyard. Lo.
cation of property: 12 Green-
wood Road, Fishers Island,
New York; bounded north by
Baird, east by F.I. Ferry
District, south by Congrega-
tional Christian Church, west
by Greenwood Road; County
Tax Map Item No. 1000-12-1-
13.1.
7:50 p.m. Application of Jo-
seph and Amelia Smulcheski,
Carols Road, Southold, New
York for a Variance to the
Zoning Ordinance, Article III,
Section 100-31 for permission
to construct addition with in-
sufficient sideyard. Location
of property: 140 Carols Road,
Southold, New York; bounded
north by Haes, east by Arsha-
m6maque Pond, south by
Hrebok, west by Carols Road;
County Tax Map Item No.
1000-52-2-5.
8:00 p.m. Application of Jo-
seph Gajeski, by Richard F.
Lark, Esq., Main Road, Cut-
chogue, New York 11935 for a
Variance to the Zoning Ordin-
ance, Article III, Section 100-
31 for approval of insufficient
area and/or width, and a
Variance to New York Town
Law, Section 290-A. Location
of property: Maple Avenue
(Private Road No. 7), South-
old, New York; bounded
by Cichenowicz, east by
pie Avenue, south by Jeromi~
COUNTY OF SUFFOLK, l
STATE OF NEW YORK, ~ ss:
JOA~ ~USTAVSON being duly Sw,
says that .S.~.E.... is Printer and Publisher of the SUFFC
WEEKLY TIMES, a newspaper published ~t Greenport, in
county; and ~hat the notice, of which the annexed is u pri~
copy, has been published in the said Suffolk Weekly Ti
once in each week, tot . .0~.E ....................... wc
successively commencing on tile . ..3.~.s..t ................
day of . .J.~l~ 19JB0
Sworn to before me this .. 3.1.~.~ ....
!
day of ..... ~.u 1 ~. ....... 19.80..
HELEN K DE VOE
NOTARY PUBLIC, State sf New York
No 470787~. Su folk Count~
lermExp~resMarch 30, i9J[/
NOTICE OF HEARINGS
Pursuant to Section 267 of
the Town, Law and the
Provisions of the Amended
Code of the Town of Southold,
the following matters will be
held for public hearings by the
Board of Appeals, Town of
Southold, at the Town Hall,
Main Road, Southold, New
York, on Thursday, August 14,
1980:~
7:40 p.m. Application of
Wilfred G. Gilman, Jr., 22
Scotland Avenue, Madison,
Connecticut 06443, fora
Variance to the Zoning Ordin-
ance, Article VII, Section
100-~ for permission tO
constr~ct addition with insuf-
ficiel~, rearyard. Location of
pro~: 12 GreenwOOd Road,
Fis~ Island, New York;
'boun~d north by Baird, east
by F.L Ferry District, south by
Congregational Christian
Church, west by GreenwOOd
Road; County Tax Map Item
No. 1000-12-1-13.1.
7:50 p.m. Application of
Joseph and Amelia Smul-
cheski, Carole Road, Southold,
New York for a Variance to the
Zoning Ordinance, Article HI,
Section 100-31 for permission
.to construct addition with
insufficient sideyard. Location
of property: 140 Carole Road,
Jerome, west by Tobin;
County Tax Map Item No.
1000~75-2-7 and 17.
~ 8:20 p.m. Application of
· ,~hn Kramer, 6 Kim Avenue~
~thtown, New York, for a
~Variance to the Zoning Ordin:-
~nce, Article Il/, Section
100-31 for permission to~
~c~nstruct. one-family dwelli~,~
~ith insufficient frontyar~
setbacks and insufficient side~
yard s~tback. Location of
~oVe~: Corner of Harb,~r
~ .Li~/hts Drive and Windjammer
Drive. Southold, New York;
bounded north by Harbor
Lights Drive, west by Jones,
south by Zic, east by Wind-
jammer Drive; County Tax
Map
100-70 *-f~r permission to
~ change existing motel use to
privately ~wned units (or con-
do~inium~ use in a B-1 Zone.
Location of proper~y: Corner of
C. ounty R~oad 27 and Sound-
v~ew Avenue, Southold, New
YoYk; bounded north by
Soundview Avenue, east by
County Road 27 and Sound-
view Avenue, south by County
Road 27, West by Main,
Kemper, Zech and Larson;
County Tax Map Item No.
1000-135-2.23.~
Dated: July 24, 1980.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
1T, 7/31/80 (9)
COUNTY OF SUFFOLK
STATE OF NEW YORK
SS:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Lon/g Island Traveler-Watch-
man once each week for ......... 1-. ............................ weeks
successively, commencing on the ......................................
..........
ASworn to before me. this ................... dov or
Notary l:hiblic '" ' ............
CLEMENT j
~:: 52'5321725
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
· X.. ~./~...d~. ~ ..................
..-ff~.., ~7-~.~.,. x~....y.. .....
PLEASE TAKE NOTICE that your application dated...~.~-/~t(.../..Z ........ ,19..~.O..
for permit to construct .... ~.Az.~. . ~.,t~,J~l.l~.~. . d~tg~.. [l"/,,t.d.6:~ .................... at
House No. b'treet Hamlet
County Tax Map NO. 10~ Section . .(~..~.[. ...... Block . .~. ~ ....... Lot .~.t2~(~. .......
Subdivisio~~.~ff~. 'Filed Map No ................. Lot No....~...~..' ......
is returned herewith and disapproved on the following grounds ./,g~..57~ ~:. F./..~./..~f.~J...~... ......
.... W,,'r,a~'77. . . .'~/,o,,~e. . . . ~'~. . . . .~. ..,e. . . .c~. . . . ~. . . .-7. /.,9 ~.. . .~,rg.~. . ......
..... .....................
.~.~. . ,,(z : . . '~i; "~ ~ 7~/, ' " 'Ei~ '~ ............. ',,'3 ......
RV 1/80
O O
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. c~ 7~(~)
DATE ... ~.q..1..y...~ ?..,... ~.~ 8 0
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
John Kramer _~ 6 Klm Ave, ·
1, (We) .................................................................. ~,, ............................................................................
Name of Appellant Street and Number
Smithtown NY
......................................................................................................................... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ...... ,,]'.V,~...~..J,~.~..O .................
WHEREBY THE BUILDING INSPECTOR DENIED TO
John Kramer
Name of Applicant for permit
of 6 Kim Ave. Smithtown NY
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(×) ]Permit to Build
1. LOCATION OF THE PROPERTY .....~.~..~..b..9..~.....~...z.f~.~...~.~....D...z:.:...~..;.~::.¥.::.Tz....T..-~:.~.....~.~.~.~
St~'eet '. Use District on Zoning Map
Harbor Lights Estates Lot 42B
Map No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article III Sec. 100-31
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 Law Chap. 62 Cons. Lows
Art. 16 Sec. 280A Subsection 3
( )
( )
4. PREVIOUS APPEAL A previous appeal ~)~ (has not) been made with respect 'to this decision
of the Building Inspector or with respect to this property.
Such 'appeal was ( ) request for a special permit
( ) request for ovarian, ce
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is reguested for the reason that
See attached sheet
Form ZB1
(Continue on other side)
1
REASON FOR APPEAL
Continued 0
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- '
sofy HARDSHIP because
The c~struotion of a passive solar orientated dwelling would be
~unpOlliblS to sitl~te on the plot withou~ douolltion of the existLng
wall etrttoture, This.wo~d add a great expense to the eonotruotioa,
deotroy tho .~harac~er. of the block, and destroy tho continuity of
this property and' the original Coleman Estate house next door which is
now being restored by the owner Mr. William ~onss.
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
The existing-Brick wall. structure was originall~ part of the Coleman
house next d~r but because of the way the developer split the lot
our plot plan attempts to take advantage cf the existing structure
rather than demolish it, and its presez-¥Ation adds to the oonti~uity
of the only ~vo dwellings on the block facing Harbor Lights Drive.
(this dwelling and .that of Jones)'
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER oF THE DISTRICT because
There are only two dwellings on the block on Harbor r.ights Drive,
the existing Original Coleman Estate House and this Propomed Dwelling.
The plot plan attempts to preserve the architectural continuity of the two
prope~ties. There areno other similar situations in Harbor Lights
E.states.. The existing wall structure extends to the west property line
whereas ~ne proposed building only extends a corner over the re uired
setback line,of 1. 8" which is the oolmer of the bedroom, and 3~11'
which is the corner of a deck four feet wide in front of the bedroom.
The plan shows a remaining setback of ?'$", the wall has no setback.
There remains a 90' distance between the proposed dwelling' and the
original dwelling owne~ by Jones, The East front yard of 3~' ie
encroached on~ .by the triangle formed by the roof of an open carport,
the apex of tho triangle is 10'3" over ~he 3%' line. There is no
other dwelXing on the same block on Anchor lane except for that owned
by Platt on the opposite e~d of
STATE O[ ~EW ¥OR~ )
) ss
COUNTY O~ ~F~o~ )
~ ~ Signoture
~3'~
Sworn to this day of ................... ..'~.,U-.,L..~. .......................... 19
NOTARY ~lC~ae ~ ~ YO~
No. ~-8)~, ~
Southold Town Board of Appeals
MAIN Rr'IAD- STATE: RI3AD 25 cH3UTHC)LD, L.I., N,Y, 11cj'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGERv (::~
JOSEPH H. SAWICKI
TO:
FROM:
DATE:
SUBJECT:
Mr. George H. Fisher, Senior Building Inspector
Jerry Goehringer, Chairman, Board of Appeals
February 2&, 1982
Appeal 2720, Application of John Kramer
The board members have reviewed you~ recent correspondence dated
February 10, 1982 and assume you are asking for a clarification
of those items mentioned in your letter:
Your Paragraph 2: Inasmuch as the board did not place a restric-
tion in their 8/27/80 decision concerning the carport, it is
suggested that an attached enclosed garage (rather than a carport)
should be permitted provided it is not closer than 24'9" to Wind-
jammer Drive and complies with all other rules and regulations of
the building and zoning codes.
Your Paragraph 3: Your interpretation is in acq%liescence.
TEL. 765-1802
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
February 10, 1982
Zoning Board of Appeals
Town Hall
Southold, NY 11971
Re:
John Kramer
ZBA #2720, 8/27/80
Gentlemen:
I am calling your attention in case your decision of
the front yard set-back from Windjammer Drive was based on
an open carport.
Mr. Kramer now proposes the area of the carport to be
an attached enclosed garage which will set 1'6" further
back from the street line than the carport roof which you
granted at 24'9"
My interpretation of your decision is that no part of
the building (enclosed or open) now or in the future can be
closer than 24'9" to Windjammer Drive, 35 feet to Harbor
Light Drive and 7'4" to the west side property line.
I am awaiting your reply so I may issue a permit or
disapprove the application again.
Sincerely yours,
George H. Fisher
Senior Building Inspector
GHF:ec
Board of Appeals
Town of Southold
OCOUNTYOF SUFFOLK
DEPARTMENT OF PLANNING
(516) 360-5513
LEE; E;. KOPPE;LMAN
September 24, 1980
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter,
the following applications which have been referred to the Suffolk County Planning
Commission are considered to be a matter for local determination. A decision of
local determination should not be construed as either an approval or a disapproval.
~pplicant
Municipal File Number
Jopeph Gajeski
}~l~hn Kramer
V Adeline Lee
Francis J. Murphy
2719
2720
2723
2734
GGN:Jk
Very truly yours,
Lee E. Koppelman
Director of Planning
CH:LF PLANNER
TOWN CLERK 765-3783
Building Dept.
Planning Bd. 765-2660
Board of Appeals
765-1809
TOWN OF SOUTHOLD
TOWN CLERK'S OFFICE
Main Road
Southold, N. Y. 11971
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m,
the Board of Appeals of the town of. 8ou'c.hold
(agency involved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
................ New and recodified zoning ordinance
................ Amendment to the zoning ordinance
................ Zoning changes
Mr. John Kramer
6 K~m Avenue
~mithtown, NY 11787
Appeal No. 2720.
Special permits
......... XX. Variances Art. III, Sec. 100-31
Location of affected land: .SJ.w...c~c~en.nf..~a~:b~.r..LL~,.t,~..DJ;, ~ W;L.~.45~r~.e= Lax ..~..uthold
within 500 feet of: (check one or more) 1000-7'~"0'(~'2-~0'o * ...............
......... ~ Town or village boundary line, or shore line (SoI/~old Bay)
................ State or county road, parkway or expressway
................ State or county park or recreation area
................ Stream or drainage channel owned by the county or for which the county has established channel lines.
................ State or county owned parcel on which a public building is situated
(signed) Lin~a F. Kowalskt
Secretary
T/t/e
Date received by Suffolk County Planning Commission ................................ ....................................................
File No .................................
· " Southold Town B~ of Appeals -15- AugO 14, 1980
farm house, two sheds, and a garage. Also, the access road,
known as "Maple Avenue", has been preexisting of zoning, is
approximately 68.81 feet wide, and is suitably improved for
egress and ingress to the subject parcels. The Board agrees
with the reasonings of applicant.
The Board finds the circumstances present in this case
unique, and strict application of the ordinance would pro-
duce practical difficulties or unnecessary hardship. The
Board believes that the granting of a variance in this case
will not change the character of the neighborhood and will
observe the spirit of the ordinance.
On mction by Mr. Grigonis, seconded by Mr. Tuthill,
it was
RESOLVED, that Joseph Gaje~i, by Richard F. Lark, Esq.,
Main Road, Cutchogue, New York 11935, be granted Variances
to: (a) the Zoning Ordinance, Article III, Section 100-31
approving the insufficient area of two prcposed parcels as
applied for, to wit, 38,582 and 25,087 square feet, and
approving the insufficient width cf Lct 1 as applied for,'
to wit, 66.50 feet; and (b) New York Town Law, Section
280-A approving the access, as applied for, in Appeal No.
2719 dated July 11, 1980, SUBJECT TO THE FOLLOWING CONDI-
TIONS:
(1) That applicant obtain approval from the Southold
Town Planning Board concerning the division of this property;
(2) That no structures be built within 170 feet from
Maple Avenue into "Lot No. 2."
Location of property: Maple Avenue (Private Road
No. 7), Southold, New York; bounded north by Cichanowicz,
east by Maple Avenue, south by Jerome, west by Tobin; County
Tax Map Item No. 1000-75-2-7 and 17.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen,
Tuthill, Douglass and Goehringer.
PUBLIC HEARING: Appeal No. 2720. Application of John
Kramer, 6 Kim Avenue, Smithtown, New Ycrk, for a Variance
to the Zoning Ordinance, Article III, Section 100-31 for
permission to construct one-family dwelling with insufficient
frontyard setbacks and insufficient sideyard setback. Loca-
tion of property: Corner of Harbor Lights Drive and Windjam-
mer Drive, Southold, New Yc=k; bounded north by Harbor Lights
Drive, west by Jones, south by Zic, east by Windjammer Drive~
County Tax Map Item No. 1000-71-2-20.
The Chairman opened the hearing at 8:30 p.m. by reading
the appeal application in its entirety, legal notice of hear-
Southold Town B~d of Appeals -16-
Aug~ 14, 1980
ing and affidavits attesting to its publication in the local
and official newspapers, Notice of Disapproval from the
Building Inspector, and l~tter from the Town Clerk that
notification to adjoining property owners was made; fee
paid $15.00.
MR. CHAIRMAN: We have a copy of the tax map showing
the area, and a plan showing the proposed dwelling on the
lot. Is there anyone here that wishes to add or explain
some of the statements in the application?
JOHN KRAMER: I've probably said too much already.
Basically, I've got a bedroom corner on Jones' side, and
the roof of a carport on the road side.
MEMBER TUTHILL: Is. Jones the old Coleman Estate?
MR. KRAMER: That's the big house. Yes. And I
might add, I've gone over this with Jones and his wife,
and they don't have any objection to it.
MEMBER TUTHILL: And your lot is part of the original
Coleman that was cut off?
MR. KRAMER: That's right. This was the rose garden
for the big house, and I'm going to continue that as a
formal garden, and that'll be the back--
MEMBER TUTHILL: Within the wall?
MR. KRAMER: Within the wall, yeah. There's a fountain
on Windjammer Drive built into the wall there, and that'll
be a formal garden. And that's be main entrance to my house.
MEMBER GOEHRINGEB: Could we have the square footage
of the house? There were no dimensions on it.
MR. KRAMER: I think it's 1288 feet (square).
MEMBER GOEHRINGER: Do you have any idea what the square
footage of the garden area is, what is that a six or a five-
sided?
MR. KRAMER: I've run a tape across it and it's roughly
45 feet from flat wall to flat wall. Let's say the diameter
is about 45 to 50 feet.
MR. CHAIRMAN:
think.
Your lot length is about 195 feet, I
MR. KRAMER: Yes.
MEMBER TUTHILL: It's
100 feet wide.
~ ~ Southold Town Bo~ of Appeals -17- Aug~ 14, 1980
MR. KRA/4ER: It's 100 feet wide and 195 feet deep.
MEMBER TUTHILL: It makes it 19,500 squars feet.
(At this point in time, the Board mez~ers were trying
to calculate whether the existing and proposed structures
wculd exceed 20% of the lot coverage.)
5~. CHAIRMAN: We're trying to figure the 20% business.
M~MBER GOEHRINGER: Do you have any idea.how big the
carport is?
MR. KRAMER: I could call the architect if you want?
MEMBER DOUGLASS: You don't have a drawing of the
house?
MR. KRAMER: No, I don't. We sat back with them and
we figured this out, and we made up a rough plan, but I
told him not to go any further with the designs or anything
until we get approval for these dimensions. Originally
planned a one-car garage, and then I decided that I'd
sooner have protection for two cars on an open-carport
basis rather than a one-car garage.
MR. CHAIgF~N: Do any of the other Board members
have any questions on this?
MEMBER TUTHILL: Well, for the record I would like
to have the square feet in the house and the square
feet contained within the brick wall.
MEMBER DOUGLASS:
MEMBER TUTHILL:
We just g6t that.
'You figured it within the brick wall?
(The Board members calculated 3,621 square feet with
the carport, roughly, and the 20% limitation of lot coverage
to be 3,900 square feet.)
MR. CHAIRMAN: And that's all th~could be built on
that lot.
MR. KRAMER: Right, Jones owns to my line and then I
own to the corner. We're the only--
MEMBER TUTHILL: To the south of you there is nothing
available there.
MR. KRAMER: Zic's lot is behind me. Tony Zic.
MEMBER TUTHILL: Is that a building lot?
MR. KRAMER: Yes. ,~ ... ' '
Southold Town
Bo~ of Appeals -18- Augu~ 14, 1980
MEMBER TUTHILL: There's no house on it.
MR. KRAMER: No house on that one. That's about a
40,000 square-foot lot.
MEMBER TUTHI~L: Are there lots adjoining Zic vacant?
MR. KRAMER: Yes.
MEMBER TUTHILL: They are also built to the lot.
MR. KRAMER: Yes.
MEMBER TUTHILL: So conceivably you could within that
block have half a dozen houses rather than just for two.
MR. KRAMER: Behind me, they'll be facing Windjaz~ner.
Not on Harbor Lights Drive.
MEMBER TUTHILL: They would all have to face Windjammer?
MR. KRAMER: They would all be on Windjammer. And the
distance from my house for instance, Zic, would be over
100 and something feet, would be darn near 200 feet to any
house that Zigler built. Those lots are 100 feet on Wid-
jammer, 400 feet deep, 100 feet each on the road. As a
matter of fact my house would be almost 100 feet to my
rear property line.
MEMBER GOEHRINGER: Mr. Kramer, I,m sorry. I was
calculating -- did you say that lot in the rear is separately
oWne~ other than the neighbor on the opposite side and your-
self? That is a buildable lot, that's correct, isn't it?
MR. KRAMER: Yes. Where it says "site plan." That's
a 100 by 400 lot. There are two of those. And then there's
an existing house owned by Platt.
MEMBER GOEHRINGER: ~eah, down on the corner, right.
MEMBER TUTHILL: And there's another one between Zic
and the existing_house, which is back on Windjammer.
MR. CHAIRMAN: Do you have any other questions you
would like to ask Mr. Kramer?
MEMBER GOEHRINGER: Just for the point of view for the
calculations, you are considering that wall a part of the
square footage and you cannot exceed more than 20% of the
lot coverage. Ok?
MR. KRAMER: You're considering that the existing
structure is part of the --
MEMBER GOEHRINGER: Walll The ~11 itself is a part
$outhold Town B~d of Appeals -19-
Au~ 14, 1980
of the 20% lot coverage. Just so you understand that. And
that's why we have been calculating, to see that you do not
exceed--
MR. CHAI~4~%N: We took it up with the attorney yesterday
afternoon. I really didn't believe it would be considered
that way. But he thinks it should be.
MEMBER TUTHILL: As a structure. According to the Code.
MR. KRAMER: Even though it's an existing structure.
MEMBER TUTHILL: Even though it's just a wall.
MR. KRAMER: So, does that--
MEMBER TUTHILL: .That's why we went into the arithmetic.
MR. KRAMER: So does it exceed the 20%?
MEMBER TUTHILL: It looks like you're all right.
MR. CHAIRMAN: So far. We're going to reserve decision
on this as soon as you can get the actual square footage--
MR. KRAMER: For the house?
MR. CHAIRMAN: And the carport. The whole thing together.
MEMBER GOEHRINGER: And the wall.
MEMBER DOUGLASS: We would like to have that rough sketch
to look at.
MEMBER TUTHILL: The square' footage of the house, carport
and within the wall.
MR. KRAPIER: Ok. In fact I think a phone call could give
me that.
MEMBER TUTHILL: A survey would probably-- You mean
within the wall.
MR. KR/~4ER: Because I've had it surveyed before the
architect.
MEMBER TUTHILL: Well I don't care who does it. As long
as we get it for the record.
MR. CHAIRMAN: John, our next meeting will be two weeks
from tonight. If you can get that stuff to us and everything,
we could wind it up for you then maybe. Would that be all
right?
MR. KRAMER: Well. How late a~e you going to be here,
Southold Town Bo of Appeals -20- Au 14, 1980
because I think I can get the square footage of everything in
about 10 minutes.
MEMBER DOUGLASS: I want to see the plans.
MR. CHAIRMAN: Well, Bob says he would like to see a
plan of it.
MEMBER TUTHILL: I think we should have it for the
record.
MR. KRAMER: Ok. So how detailed a plan--
MR. CHAIRMAN: Sketch showing us the square footage of
the buildings, and--
· MR. KRAMER: Ok. Is there anything you want to see
other than what you're stating now, other than square footage?
I mean, is this plan detailed enough. Ground area, ground
floor square footage of the house and the carport and the
proposed greenhouse. ~.
MR. CHAIRMAN: Yes.
MEMBER TUTHILL: The area contained within the wall.
MR. KRAMER: And then the remaining area contained
within the--
MEMBER GOEHRINGER: Right.
MR. KRAMER: Ok. So I don't have to buy another survey,
just figure out the square footage.
MEMBER GOEHRINGER: Yeah, and some dimensions. For the
permanent record.
MR. KRAMER: Ok. That's no problem.
MR. CHAIRMAN: I'll offer a resolution closing the
hearing and reserving the decision until Mr. Kramer comes
up with the information.
MEMBER DOUGLASS: I'll second it.
On motion by Mr. Grigonis, seconded by Mr. Douglass, it
was
RESOLVED, to reserve decision in the matter of John
Kramer', in Appeal No. 2720, pending written receipt of the
square footage of all existing and proposed structures on
the subject property.
August 21,
1980
Southold Town Board of Appeals
Main Road
Southold, NY 11971
Re: Appeal No. 2720
Gentlemen:
The area enclosed by the brick garden wall is not
intended for living area but for grass and a garden. This
wall was the wall of a rose garden belonging to the Coleman
Estate, not a foundation for any structure.
The only building I plan in the area enclosed by
the wall is that .shown on the attached plan: a portion of
the bedroom and a future greenhouse.
I have no objection to a restriction prohibiting
more construction within the wall area.
Main Street P.O. 8ox 140~ $outi~olcl NY 11971
· ~
Southold Town Board of Appeals
MAIN ROAD = STATE ROAO 25 SOUTHO/D, L.I., N.Y. 11g'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
TERRY TUTHILL
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
TYPE II ACTION DESIGNATION
NEGATIVE DECLARATION
NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT
Pursuant to Section 617.13 of the New York State Department
of Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, and Town Law of the Town of Southold, Section
44-4B, the Southold Town Board of Appeals has determined that the
following project is classified as a Type II Action not having a
significant effect on the environment and will not require any
other determination or procedure~ under the N.Y.S. Environmental
Quality Review Act.
DESCRIPTION OF PROJECT
Appeal No. 2720. Application of John Kramer, 6 Kim Ayenue,
Smithtown, New York 11787.
Location of Project: Harbor Lights Drive and Anchor Lane,
Southold, New Yor~; aarDor Lights Estates, Lot No. 42B; County
Tax Map Item No. 1000-71-002-020.
Permission Requested: To construct dwelling with an
insufficient frontyard setback of approximately 24'9" and
sideyard setback of approximately 7'4".
Date Of Public Hearing: August 14, 1980.
Documents on File: Appeal Application, Notice to Adjoining
Neighbors, Affidavit Attesting to the Mailing of said Notice,
surveys and/or sketches of the proposed project, Notice of Dis-
approval from the Building Inspector, Legal Notice of Hearing,
Environmental Assessment in the Short Form, Section of the
County Tax ~ap showing the subject property, & other documents as
may be required.
Person to Contact for More Information: Mrs. Linda Kowalski,
Secretary, Board of Appeals, Southold Town Hall, Main Road,
Southold, New York 11971; tel. (516) 765-1809.
Dated:
Copies to:
July 24, 1980.
Applicants.
Town Clerk Bulletin Board.
JUDITH T. TERRY -
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
TELEPHONE
(516) 765-1801
Southold, L. I., N. Y. 11971
~July 23, 1980
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2720 application of Jehn Kramer
for~a variance. Also included are notification to adjoining property owners
as follows: William & Ann Jones, Harbor Lights Drive, $outhold, N.Y. 11971;
Anthony Zic, 23 Ingram Drive, Hicks~lle, N.Y. 11800'.
Judith T. Terry~
JTT?bn
cc:file
Enc./
Town Clerk
TOWN OF SOUTHOLD
SHORT EJ~IRONMENTAL ASSESSMENT ~O~
NSTRUCTION,~:
'-~-~-'~) ]n order to answer the questions in this short EAF it is assumed
that the preparer will use. currently available information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be
significant and a completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that this
project is not significant.
(d) Environmental Assessment
1. Will project resu,'lt' in a l'arge physical chon9e
to the project site ar p~ysicall¥ alter more
Yes X No
land?
than 10 acres of ........................ , ,,
2. Will there be a major change to any unique or
-unusual land form found on the site? .......... Yes,~ No
3. Will project alter or have a large effect on
existing body of water? ....................... Y~s_~ No
4. Will pro)ect have a potentially large impact
an groundwater quality? ....................... Yes
~. Will project significantly effect drainage
flow an adjacent sites? .............. ; ......... Yes /
f. Will prooect 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
8. Will prooect have a major effect on visual
character of the community or scenic views ar
vistas known to:be important to the community? Yes ~ .No
P. Will project adversely impact any site or .'
structure of historic~ prehistoric or
paleontological importance or any site
designated as a critical environmental area
by a local agency? ..... ''- "'* ......... '
or future recreational opportunities? ......... Yes ){,No
11. Will project result in,major traffic problems
o~ cause a major effect to existing
transportation systems? ....................... Yes ~No
12. Will project regularly cause objectionable
odors~ noise~ glare~ vibrotion~ or electrical
disturbance as a result of the project's
operation? ......... ' ........................
13. Will project have any impact on public health Yes ~ No
or.safety? ................
directly causing a 9rowth in permanent
population of more than 5 percent over a one
year period or have a major negative effect
on the character of the community or
neighborhood? ................................. Yes ~ No
15. Is there public contro?~rs¥ concerning the ¥
' projec - . ................... es?cNa
East End Insurance $~vices
Main Street P.O. Box 1406 Southo/d NY 11971
5167653811
Form ZB1
Reason for the Appeal
The
A.
conceptual dwelling plan for utilizing this lot is~
To preserve the character of the original Coleman
Estate by utilizing the existing brick garden wall
situated on the lot.
To create an energy efficient passive solar dwelling
which will gain no less than half of its heating needs
from the sun.
Because of the way the developer cut the lot, with the
original brick garden wall in the center of the lot
and extending to the west side property line, neither of
dwelling objectives can be accomplished without a variance.
In fact, unless the existing wall were demolished, no kind
of a dwelling could be built without a variance for either
front of side yard setbacks.
BOARD OF APPEALS, TOWN OF SOUTHOLD
~ In the Matter of the Petition of
~Tohn Kramer
to the Board of Appeals of the Town of Southold
TO:
NOTICE
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (V~aria~__e}Y~,~il~llri~Elil[~$~i~a~,]~T, JE~LYd[~ (the following relief:
I.
2. That the_property which is the subject of the Petition is located adjacent to your property and is des-
~ribed as follows: ~orner of Harbor Lights Drive and Anchor Lane Southold
3. That the property which is the subject of such Petition is located in the folloWing zoning district:
A Residential
4. That by such Petition, the undersigned will request the following relief:
To build a dwelling with insufficient front and~, side yards
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are: ~r~',c~ ~t~c ~o*~1 Article ~II Eec. 100-~1
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.
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 Southo~d 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:
July 23. 1980
John Kramer
Petitioner
Post Office Address
6 ~m Av~.
Smlthtown, N,Y.
11971
NAME
William & Ann Jones
Harbor Lights Drive
Southold, N.Y. 11971
Anthony Zic
23 Ingram Dr.
Hicksville, N.Y.
118OO
PROOF OF MAILING OF NOTICI:
STATE OF NEW YORK )
COUNTY OFSUFFOLK)
SS.:
being duly sworn, depor~e~ and says that on the ,~.~..g' day/
of ~-'~'~-~'~7 ,19 ~ , deponent mailed a true colby: of the Notice set forth on the re-
verse side her&of, 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
essmentroll of the Town of Southold; that said Notices were mailed at the United States Post Of-
~eglstered) mail. ;that said Nota~ed/~ach o/~id persons by
Sworn to before me this~ ~:~ a_~
day of ~ ~'-~4.~/ , 19
~ Nota?y Public '
gOTARY PUBL~ Of ~
Tefra Expues MIrch 30,
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