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HomeMy WebLinkAbout3536 Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOL. D, L.I., N.Y. 11cj'71 Appeal No. Application TO: Mr. Richard 0. Kunst as Agent for MR. AND MRS. GEORGE BROWN ]745 Harbor Lane Cutchogue, NY 11935 TELEPHONE (516) 765-1809 ACTION OF THE.ZONIN~"~'~[~~~ ~~---- .-- 3536 Dated July ]6, ]986 [Appellant(s)] At a Meeting of the above on your the Zoning Board of Appeals held on September ll, 1986, appeal was considered, and the action indicated below was taken [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section ~ ] Request for Variance to the Zoning Ordinance krticle III , Section ]00-3l [ ] Request for Application of GEORGE AND PAT BROWN for a Variance to the Zoning Ordinance, Article III, Section ]00-3], Bulk Schedule, for permission to construct deck addition to dwelling with reduction of existing nonconforming sideyard setback, at 150 Briarwood Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-136-1-3. WHEREAS, a public he 1986 in the Matter of the No. 3536; and aring was held and concluded on August 14, Application of GEORGE AND PAT BROWN, Appeal WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. The property in question is located at the east side of Harbor Lane in the Hamlet of Cutchogue and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 136, Block l, Lot 3. 2. The subject premises contains a lot area of 14,609 sq. ft. and average lot width of 70 feet and is shown on survey dated June 3, 1986 prepared by Roderick VanTuyl, P.C. to be improved with one single-family, 1½-story frame dwelling and attached garage set back 127± feet from Harbor Lane, six feet more or less from the southerly property line and 13± feet from a right-of-way along the northerly property line. 3. By this application, appellants request permission to construct an above-ground deck addition at the southwest corner of the existing dwelling with a setback of approximately 1½ feet (.CONTINUED ON PAGE TWO) DATED: September 17, Foz~n ZB4 (rev. 12/81) 1986. CHAIPJ4AN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3526 Matter of GEORGE AND PAT BROWN Decision Rendered September ll, 1986 from the southerly property line. 4. The present nonconforming setback is 4± feet, and the amount of footage for further reduction requested is 4½ feet, for a total of 8½ feet, leaving an insufficient setback at l½ feet. It is the opinion of the board that a reduction to l½ feet is not the minimal necessary, and the setback can be increased without unusual difficulties. In considering this appeal, the board also finds and deter- mines that with an increase of the setback as noted below, this variance: (a) will be the minimum necessary; (b) will not substantially change the character of the district; (c) is not substantial; (d) there is no other method feasible for appellants to pursue other than a variance; (e) relief would be warranted; (f) that in view of the manner in which the difficulty arose and in consideration of all of the above factors, the interests of justice will be served. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that relief be and hereby is GRANTED for permis- sion to construct open-deck addition at the southerly side of existing dwelling with a setback of not less than three feet, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck remain open and unroofed at all times; 2. That the northerly yard area not be reduced to less than the 13 ft. from the right-of-way as exists. 3. That the southerly setback not be less than three feet. Vote of the Board: Ayes: Messrs. Goehringer, Gri§onis, Doyen, Douglass and Sawicki. This resolution was duly adopted. lk September 17, 1986. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE ~_/?. ~ HOUR/~,'~/~ Town Clerk, Town of Southold NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN , pursuant to Section 267 of the Town Law and the Code of the Town of Southold , the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall , Main Road ,' 'Southold , NY at a Regular Meeting commencing at 7: 30 p .m. on THURSDA-Y , AUGUST 14 , 1986 and as follows : 7 : 35 p .m. Appeal . No . 3536 - GEO,RGE AND PAT BROWN . Variance to the Zoning Ordinance , Article III , Section 100-31 ,. Bulk Schedule , for- permission to construct deck addition to dwelling with reduction of existing nonconforming sideyard setback , at 150 Br.iarwood Lane , Cutchogue , NY ; County Tax Map Parcel -No . 1000-136-1 -3. 7 : 40 p .m. Appeal No . 3477 - WILLIAM-AND KATHERINE HEINS . Variance to the Zo-nin-g Ordinance, Article III , Section 100-31 , Bulk Schedule , for approval of insufficient area , width and depth of two parcels---in this proposed division or set-off of land, located alo'ng- the north --side of Main Road , Orient , NY ; County Tax Map Parcels No . 1000-19-2-5 and 6 . 7 : 50 ..p .m. Appeal No . 3520 - THOMAS SHALVEY . Variance to the Zoning. Ordinance , Article III , Section 100-31 , Bulk Schedule ,- 'for approval of insufficient area , width and depth of two parce-1-s --in this propose-d division or set-off of land located along the south side of Case Road , Cutchogue , NY ; -County Tax Map Parcels No . 1000-116-2-15 and 16 . 7 : 55 p .m . Appeal No . 3532 - ARTHUR AND BERNADETTE BURNS . . Variance to, the Zoning Ordinance , Article , III $ Sections ,100-30 (C) and 100-32 , for- per.inission to construct accessory tennis court in the frontyard area , at 3525 Private Road #13 -(right-of-way extending off the end of Ruth Road ) , Mattituck; County Tax Map Parcel No . 1000-105-1 -4. 8:05 p .m. Appeal No . 3433 - GAIL DESSIMOZ and MICHAEL RACZ. Variance for approval of access , .New York Town Law , Section 280-a , over private right-of-way known as Hallock Lane and .referred to as Private Road #10 , extending off the north side of Sound Avenue , Mattituck , New York , (over and along lands of Charles Simmons and Edward Harbes.) .- County Tax Map Parcels No . 1000-112-1 -7 & 8 , and to Parcel No . 1000-112-1 -4 . x .a. Page 2 - Notice of Hearings August ..14 , 1986 Regular Meeting Southold Town Board of Appeals 8 : 10 p .m. Appeal No . 3530 - RAYMOND T . GOODWIN . Variances to the Zoning Ordinance : (1 ) Article III , Section 100-31 , Bulk Schedule , for permission to construct kitchen addition with an insufficient westerly sideyard setback and insufficient total sideyards ; (2 ) Article XI , Section 100-119 . 2 ( B) for permission to construct kitchen and deck additions with an insufficient setback from the highwater mark along Peconic Bay , at 4450 Peconic Bay Boulevard , Laurel , NY ; County Tax-- Map Parcel No . 1000-128-4-22 . 2 . 8: 15 p . m. Appeal No . 3533 - JOHN AND JEANNE BREDEMEYER . Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for permission to locate- single-family dwelling structure within 75 feet of ordinary highwater mark --along Orient Harbor. location of- Property : West Side of Bay Avenue , Orient , NY ; County Tax Map P-arcel No . 1000-26-1 -8. 8 : 20 .p .m. Appeal No . 3539 - MICHAEL HERBERT . Special Excep- tion to the Zoning Ordinance , Article III , Section 100' 30 (B ) [161 for permission to establish "Bed and Breakfast use , "an owner- occupied building , other than a hotel , where lodging and breakfast is provided for not more than six casual , transient roomers , and renting of not more than three rooms . Location of Property : 795 Pike Street. , Mattituck , NY ; County Tax Map Parcel No . 1000- 140-2-23 . Zoning District : "A" Residential and Agricultural . 8 : 25 p .m . Appeal No . 3442 - JOHN J . NEWMAN . Variance to the Zoning Ordinance , Article XI , Section 100-119. 2 (B ) for permission to construct additions to dwelling within 75 feet of high water and -existing bulkhead along James Creek , at 430 Sailors Needle Road , Mattituck , NY ; County Tax Map Parcel No . 1000-144-5-29. 1 and 30 . 8 : 35 p .m . Appeal No . 3535 - NORTH FORK FRIENDS OF KENYON TUTHILL . Variance to the Zoning Ordinance , Article III , Section 100-30 for permission to use premises for a special fund-raising event in conjunction with fireworks display , at premises of W . F . and T . A. LaMorte , 895 North Bayview Road , Southold , NY ; County Tax Map Parcels No . 1000-70-13-20 (20 . 1. to 20 . 21 , inclusive ) . 41 Page 3 - Notice of Hearings August 14 , 1986 Regular Meeting Southold Town Board of Appeals 8 : 40 p .m. Appeal No . 3478 - BECKY JOHNSTON . Variances for : (1 ) Building Inspector to issue building permit allowing existing structure to be weatherized , prior to final 280-a access approval , and (2 ) approval of access in accordance with New York Town Law , Section 280-a , over private right-of-way extending from the northerly end of. Brid.ge- Lane Extension and Oregon Road , over lands of- Boki na,-: i.denti fi.ed on the Suffolk County Tax Maps as 1000-7-3-2-4 , to premises of Johnston--; identified on the Suffolk County Tax Maps as 1000-73-2-1 . 9 :00 p .m . Appeal No . 3513 - STEPHEN SHILOWITZ. Variance to the Zoning Ordinance , Article XI , Section 100-119. 2 (B ) for permission to construct condominium complexes within 75 feet of bulkhead and tidal water , at the west side of Sixth Street , Greenport , NY ; 1000-49-01 -25 . 1 . Zone District : "M-Light Mul - tiple " Residence . The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hearings . Written comments may also be submitted prior to the conclusion of the subject hearing . For more information , please call 765-1809. Dated : July 17 , .1986 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER , CHAIRMAN -----------------------------------------------------------------x ATTENTION NEWSPAPERS :. Please publish Thursday , July 31 , 1986 and forward.- two affidavits of publication on or before August 5th to : Board of Appeals , Main Road ,. Southold , NY 11971 . -----------------------------------------------------------------x Copies to the following 7/28/86 : Personal Delivery: Suffolk Times , Inc . L . I . Traveler-Watchman , Inc . By Mail : Mr. Richard 0. Kunst , 1745 Harbor Lane , Cutchogue for GEORGE AND PAT BROWN Mr. and Mrs . George Brown , 150 Briarwo.od Lane , Cutchogue , NY 11935 Anthony B.. Tohill ,` Esq . as Attorney for Mr. and Mr_s_. William Heins Mr. and Mrs . Arthur Burns ' Mr . and Mrs . William Heins , Main Road, Orient, NY 11957 Mr . and Mrs . Arthur Burns, 3525 Private Road #13 , Mattituck , NY 11952 Mr . J . Douglas Peix , 208 Fifth Avenue, New York, NY 10010 for RACZ Gail Dessimoz and Michael Racz, 208 Fifth Avenue , .New York , NY 10010 Charles Mat.thews , Esq . , _Box 800 , Huntington , NY 11743 Abi.gail A. Wickham, Esq . as Attorney for Mr . and Mrs . Raymond T. Goodwin Mr. and Mrs . John Bredemeyer Mr. and Mrs . John J . Newman Michael J . Hall , Esq . as Attorney for Becky Johnston Stephen -R. Angel , Esq . as Attorney for Stephen Shilowitz Lawrence Storm , Esq . as Attorney for R. Strong and others Mr . and Mrs . Robert Strong , Woodmere address I '• �CYJiftli itf�."J TOWN OF SOUTHOLD i BUILDING DEPARTMENT ,a ;�.•���, i..;;ri' TOWN CLERK'S OFFICE SOUTHOLD, N.Y. �• 'f .i:j., .. NOTICE OF DISAPPROVAL. Date .j(..)Iy. . . . .�. . . . . . . . . ., 19To . . i PLEASE TAKE NOTICE that your applieatkin dated . . ..161 . . . . . . . . . . . . . . .. 19 . for permit to . ,,�•D�IC � .�. : .";1 . . .i.®. . . .d�. . . . . . . . . at 17 Location®f Property . . •t.�,lZ.l , ems. . . . . . . . . F.� . House No. Street Hamlot County Tax Map No. 1000 Section . . . ,i . . . Block . . . . . .t ;. . . . . . Lot . !::?.®.3... . . . . . Subciivdsio �:'� .�l�.. . Filed Map No. . P.57.4. , . . , . . Lot No. , . . . . . . . . .I, . . , . , Is returned herewith and disapproved on the following grounds4-111 '. • • e • • .• ••�s •,e • • b/• • i • i�v7• • . 1•w•�i.'• iN`•o"'.� • • o�• Yo e`o �• • ..el'e • . o m.• o • • �44ZQ • Q F. 6 < dP ea • • • • • o s -"To lnt • •�'il`g�o: • o —01 o • 9 0 0 • 0 16 r� •�u{t Q, •Y e b o��'S •LA- L.o •1c✓.�d• •►1,.i.4 a 61$.�i • •[q� • a • O • e • • O • OAP' • • e ei�o/e • s Ste.�T o o • • • o .�d•'.:. y o o e • • 0 0 m • • ' 9 • ®:•'O Y 0 0 • • • • 0 0 0 • e • • e • etc 0 • e • o • • • o o • •, o • o o • • • e • o • • o • • • • o • •el o �:: • • . . . Bu1ldLng Inspector® � RV 1/8 0' JUL 161986 TOWN OF SOUTHOLD, NEW YORK Town Clerk MUML FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 3s`3'b DATE ....Z/9/86 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 (We) ...Mr .&..Mrs.,George .Brown.............of ....1.5Q...�xa,��woa�...�ax��............................. Name of Appellant Street and Number ...........Cutchogue ... ...................................... ........N...19...........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ....15046...Z............... DATED ....16/..2.Q/H................................ . : WHEREBY THE BUILDING INSPECTOR DENIED TO Richard 0. Kunst ?j .. ....... .. ........�..........S.. Name of Applicant for permit of 1745 Harbor Lane Cutcho ue N.Y. 11935 .. .. ....... �.......... g.. .�.. ..................... ........................... Street and Number Municipality State ( ) PERMIT TO USE (_ ) PERMIT FOR OCCUPANCY ( 0 Construction of 9 ' 6" X 12 '. 0" Preasure Treated Deck.. 1. LOCATION OF THE PROPERTY .....1 p..Briarwood. . ...L...ane . .... ...... .. ....,.................................................... Street Use District on Zoning Map 1000 Sec: 136 - Bl: 01 - 003 .....Current Owner George & Pat Brown . ............................................................................. Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Art. III Sec. 100-31 Col. A 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 Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal 7cBM (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (X ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance is requested for the reason that Thd proposed .deck to. bel added to_ the_ 'new addition for Mr & 'Mrs Brown will reduce '.the set .back of 10'. to: approxiikately 2 '.. Form zsi (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary, HARDSHIP because Mr & Mrs Brown recently retired and roved from P,avlzville Center, . are oxinanding their louse for more comfort and storage. The proposed dech will be situated. off of` the dining .area with accessc. provided .bv:-.french .doors: a Mrs xoiR n requested the raised dec k. so they w uld not have to use ste'Os to travel to the outside eat ng area. 2. The hardship created is UNIQUE and. is not shared by all properties alike in the immediate vicinity of this property and: in thin use di'strict because The ex-sting ex-isting house. is located, very closb to the c3�]tJ�I1�Sic�: r�',�QpG��t?y Gs,7hiC:h pats the dining area and dc�G�ti .an -a location where l a?3.s V?ra enRce �:� rec���c stec?• 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The house on the adjoining property is at the opposite end of the property and a row of cedar trees seperated the two for a privacy barrier. The oxmers of the properties have been living 'here for over 50 hears and no problems have ever arouse. r STATE OF NEW YORK ) ss ................ L......... .s....... �- 4�..:......... COUNTY 'OF ) Signature Swornto this ....................rt.u!................. day of............. ............................ 19 . ........................ ................................................, Ilk d traw trbrk !3 Notary Public Term I40ITIJ TOWN OF SOUTHOLD PROPERTY RECORD CAR® OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER, N E ACR. r, . - S W TYPE OF BUILDING r.E5. � SEAS , VL FARM COMM. CB. MISC. Mkt. Value i`.L LAND IMP. TOTAL DATE REMARKS yQ0 ,2.2®6 Z6Qa 6 i�/ C�Rrr,� G ,�. Bv`✓N = J0 6- �?. 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WAY C•.J -� EV15,nz TJ E E`pE�GV Lu 1 r'Rs7P05ED ACDA.l.; e J� 12 STOizY i -T' N j F2. Ho. TEC� � - l^ 1, �..i.�.r?,- _ r r � I_ UneraJ,crcz. 3f 'rJ V L Y i,1.�` JUN ` c;rvel'is a v40:ation o- cction i2Qt r- { lre¢�•thc hror4_yGk bd'im +���f�' Y.( � s ffTp copies of this Sures, r� ,, a:K'9L' roC s%%12NC . 7 , t ( r •! ti:�1' �� t� r� T 7 'i -� embo:sadse. Gee let J/ ` — tip• r �� t nr+t } J. iUTHOLD TOWN• BOARD OF APPF > MATTER OF GEORGE AND PAT BROWN THURSDAY, AUGUST 14, 1986 PUBLIC HEARING 7 : 35 p.m. Appeal No. 3536 - Public Hearing commenced in the Matter of GEORGE AND PAT BROWN. Variance to the Zoning Ordi- nance, Article III, Section 100-31, Bulk Schedule, for per- mission to construct deck addition to dwelling with reduction of existing nonconforming sideyard. 150 Briarwood Lane, Cutchogue. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a portion of map of survey indicating the proposed addition and the proposed deck which I will talk about in a second. The lot area is approxi- mately 14 thousand 609 square feet. It should be noted for the record that the house faces a right-of-way and is off of Harbor Lane in Cutchogue. However, there is so much to the rear of the property. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody that would like to be heard? You are Mr. Kunst? MR. KUNST: Yes. CHAIRMAN GOEHRINGER: Could you use the mike? I have to ask you a couple of questions. How big - is the deck? MR. KUNST: It's 9 by 12. CHAIRMAN GOEHRINGER: - 9 by 12. Ok. The patio., upon visual in- spection when I was down there, is a ground level patio? MR. KUNST: Yes sir. CHAIRMAN GOEHRINGER: Ok. And this is an elevated deck to be built adjacent to the ground level patio. .. We very rarely (and let me be honest with you) grant applications to a reduction of two feet. Is ,there some specific reason other that the appli- cation which of course does address the issue, that you would like to say? MR. KUNST: Well, originally the original plans had a patio; a swing patio just continuing out. After the building permit. . . After I put in for the building permit they requested that we try for this variance just for the fact that Mr. and Mrs. Brown, would like to have it one level out of the dining area. That' s basically the only reason they want it raised like that. i Page 2 - August . 14 , 1986 Public Hearing of George and Pat Brown Southold Town Board of Appeals CHAIRMAN GOEHRINGER: So in effect, what you're saying to me is it' s 11 feet to the property line. It' s 9 feet wide and 12 feet long. Alright. We'll see what develops through the hearin4 and we'll definitely discuss it before we make a decision. We'll take everything into consideration. Ok? MR. KUNST: Thank you very much. CHAIRMAN GOEHRINGER: Thank you. Is there anyone else who would like to speak. on behalf of the application? Anybody like to speak against the application? Any questions from Board members? If there are no further questions, I make a motion to close the zoning hearing reserving the decision until later. All in favor - aye. Transcribed .from recorded cassette tapes at the hearing (by Linda Kowalski ) . Nadia Moore COUNTY OF SUFFOL K PETER F. C..OHALAN r SUFFOLKCOUNTYEXECUTIVE c /6 114 DEPARTMENT OF PLANNING 360-5206 LEE E.KOPPELM DIRECTOR OF PLANNING October 28, 1986 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) John J. Newman 3442 Raymond T. Goodwin 3530 Arthur & Bernadette Burns 3532 Mr. & Mrs. John Bredemeyer 3533 Robert Waddington 3534 v(leorge & Pat Brown 3536 Michael Herbert 3539 Mr. & Mrs. Mark La Rosa 3540 Mr. Peter Capone, Pres. Rial Realty Corp. 3551 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE,L.I.,NEW YORK 1 1788 (516)360=3192 foLA-�o Southold T Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Pursuant to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : xx Variance from the Zoning Code , Article III , Section 100-31 Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 3536 Applicant . George and Pat Brown Location of Affected Land : ' 150 Briarwood Lane, Cutchogue, NY County Tax Map Item No . : 1000- 136-1-3 Within 500 feet of : age Boundary Line of :Water (Bay , Sound or Estuary ) t-ta'fd o-r---County Road , Parkway , Highway , Thruway _ Bo�undary' of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or -Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS:. Applicant is requesting permission to construct dec;'k acidition to dwelling with redurti on exi sti ncr Copies of Town file and related documents enclosed for your review. 7 Dated : October 21, 1986 r% Secre ary , Boarf of Appeals 5VFF0� ., Sout'hold Town �oa�d of Appeels risk.,t MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI v September 17 , 1986 Mr . Richard 0 . Kunst 1745 Harbor Lane Cutchogue , NY 11935 Re : Appeal No . 3536 - George and Pat Brown (Variance ) Dear Mr. Kunst : Enclosed please find a copy of the official findings and determination recently rendered by the Board of Appeals and filed this date with the Office of the Town Clerk concerning your application . In the event your application has been approved , please be sure to return to the Building Department for their authoriza- tion of any new construction , or for other written documents as may be applicable . If you have any questions , please do not hesitate to call either our office (765-1809 ) or that of the building inspector (765-1802 ) . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN By Linda F . _Kowalski Secretary Enclosure Copy of Decision to : Building Department Suffolk County Planning Commission Mr . and Mrs . George Brown ®��FFOLk�o s o Southold Town.: Board of Appeals (►®1 ���� _MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS August 14, 1986 GERARD P. GOEHRINGER,CHAIRMAN . CHARLES GRIGONIS, JR. S.E.Q.R.A. SERGE DOYEN, JR.ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO. : .v3536 PROJECT NAME: GEORGE AND PAT BROWN This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law .#44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should riot be - considered a determination made, for any other department or agency which may also have an application pending for the same or similar: project. ..TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION:CONSTRUCT DECK ADDITION TO DWELLING WITH. REDUCTION OF EXISTING NONCONFORMING SIDEYARD LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 150 Briarwood Lane, .Cutchogue,' NY 136-1-3 REASON (S) ' SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this pro-ject be imple- mented as planned; (2) The relief requested is a setback variance regulated as pro, vided in Section 617.13 of the State Environmental Quality Review Act, 6 NYCRR. FOR FURTHER INFORMATION, PLEASE . CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold,. NY 1:1971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. full 1 Southold Town Board ®f Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI July 22, 1986 Richard 0. Kunst 1745 Harbor Lane Cutchogue, NY 11935 Re : Appeal No. 3536 - Mr. And Mrs. George Brown (Variance) Dear Mr. Kunst: This letter will acknowledge receipt of your recent applica- tion . The _ Members of the Board _ of Appeals will be conducting field inspections and environmental reviews as. may be required by State and Local Laws prior to their schedulingyouur application t for public hearing . Although the earliest available date for public hearing at this time is on or about August 14th , written confirmation will be sent to you within the next couple of weeks . A copy of the legal notice of hearings will be sent to you prior to _publication in the Suffolk. Times and L . I. Traveler-Watchman by our- office . Please feel free to call if you have any questions . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN By Linda Kowalski me - Enclosure (Receipt) :?:b0 p.m. Appeal No. 3520 - ariances to the Zoning Ordi- "Le a 1 `M "dHOMAS SHALVEY. Vari-, once: (1) Article III, Section. ance to the Zoning Ordinance, 100-31, Bulk Schedule, for per- Article III,Section 100-31,Bulk mission to construct kitchen ad, NOTICE OF HEARINGS : Schedule,for approval of insuffi- dition with an insufficient was-. NOTICE IS HEREBY GIVEN` cient area, width and depth of terly sideyard setback and insuf--, pursuant to�Section 2Fi7 of the; two parcels in this proposed divi- ficient total sideyards;(2)Article lion or set-off of land located XI,Section 100-119.2(B)for per-. Town Law and.the Code of the.. along the south side of Case. mission to construct kitchen and. Town'of Southold,the following• Road, Yutchogue, NY; County• deck additions with an insuffi-. public,hearings-will be held by, Tax Map Parcels No.1000••11.6-2-- cient setback from the highwater• ab � the SOUTLD TOWN. 15 and 16. mark along Peconic Bay,at 4450 BOARD OF APPEALS at the 7:55 p.m. Appeal No. 3532 Peconic Bay Boulevard, Laurel, Southold Town Hall,Main Road,., ARTHUR '' AND TIER-- NY;County Tax Map Parcel No. Southold,NY at a Regular Meet- NADET'l E BURNS. Variance 1000-128-4-22.2. ing commencing at 7:30 p.m.on to the Zoning Ordinance,Article 8:15 p.m. Appeal No. 3533 - THURSDAY, AUGUST. 14; YII,'Sections 10U-30(C) and 100- JOIIN AND JEANNE BRE 3fl and as follows: m. A 32;,for'permissien to construct DY'MEYElt3• Variance to the 7:3b p. Appeal No: 3536 accessory tennis court in the Zoning Ordinance, Article III,' GEORGE AND PAT BROWN; front and area, at 3525 Private Section 100-31, Bulk Schedule Variance'to the'.-Zonin di. y gOr ,, Road #13 (iight-of--way extend- for permission to locate single- nance, Article 11.1, Section 100-' ing off'the end of Ruth Road), family dwelling structure within. .31, Bulk Schedule, for. permis Mattituck;County Tax Map Par- 75 feet of ordinary highwater lion to construct deck addition to cei No. 1000-105-1-4. mark along Orient Harbor.Loca-o dwelling with reduction of exist-, 8:05 p.m. Appeal No. 3433 '- tion of Property:West Side of Bay ing nonconforming sideyard set-' GAIL DES SIMOZ AND Avenue,Orient,NY;County Tax back,' at 150' Briirwood Lane; PJI%CHAivL RACZ.Variance for Map Parcel No. 1000-26-1-8. Cutchogue,NY;County Tax Map, approval of access, New York 8:20 p.m. Appeal No. 3539 - Parcel No. 1000-136-1-3: Town Law, Section 280-a, over M.ICHAEL HERBERT.Special 7:40 p.m:.Appeal N671 3477 private right-of-way known as Exception to the Zoning Ordi- WILLIAM AND KATHERINE' I-lallocla Lane and referred to as nance, Article III, Section 100- HEINS.Variance to the Zoning' Private Road#10,extending off 30(B)[161 for permission to estab- Ordinance, Article III; Section the north side of Sound Avenue, lish"Bed and Breakfast use,"an - '­10U--31, Bulk'Schedule;,'for ap-• . Mattituck,New York,(over and owner-occupied building, other proval of insufficient area;width', "along lands of Charles Simmons than a hotel,where lodging and and depth,of two parcels in this, and' Edward Harbes), County breakfast is provided for not proposed division or; set-off of Tax Map Parcels No.1000-112-1- more than six casual, transient• f land located along the north.side.:, 7 & 8, and to Parcel No. 1000- roomers,and renting of not more of Main Road, Orient; NY; , 112-1-4 than three rooms. Location of County Tax';Map Parcels No. 88.:1y}o p.m. Appeal No. 3530 = Property: 795 Pike Street, Mat- -5-And 6 '«'epo�9' C'd•1'L'0'OY• �I Y�iI T.' (3OOD�TAI�': ' titacic,,NY;(iountyTax•MapPar- cel No. 1000-140-2-23., Zoning Tax. Maps as -1000-73-2-4, to District:"A'.'Residential-and Ag <'•premises of Johnston, identified ricultural, on the Suffolk County Tax Maps 8:25 p.m. Appeal'No. 3442 - as 1000-73-21. +- JOHN•J.NEt'bMAN.Variance 9:00 p.m.,Appeal No. 3513 - �o the Zoning Ordinance,Article STEPHEN SHILOWITZ.Vari- vI,Section 100-119.2(B)for pei•- ance to the Zoning Ordinance, STATE OF NEW YORK � ;ission to construct addition to Article XI,Section 100=119.2(B) SSe welling within 75 feet of high for permission to construct con- eater and, existing bulkhead dominium complexes within"75 COUPATV OF .1ongy James Creek,. at, 430 feet of bulkhead and tidal water, . 'ailors Needle Road,Mattituck, at the west side of Sixth Street, .Y;County Tax Map Parcel No,. Greenport,NY;1000-49-01-2b..1. Katherine Bondarchu}C of ��ro�r➢pd9rt, in 000-144-5-29.1 and 30. •Zone District: "M-Light Multi- T 8:3,5 p.m. Appeal No; 3535 = pie"Residence.: said County, beingduly sworn, says that he/she is IORTH FORK FRIENDS OF The Board ofAppeals'willhear Principal Clerk Of THE SUFrFOLK T➢MES,a Weekly ENYON TUTHILL.Variance at said time and place all persona. the.Zoning Ordinance,Article qr representatives desiring to Fre. NOWSpope+r, published at Greenport, in the Town [,Section 100-30forpermission heard in each of the above hear- of Southold, County of Suffolk and State of Novi use premises for a special timd ings.. Written comments may using event,in conjuriction,with also be submitted prior to the York, and that the Notice of which the annexed is reworks display,at premises of conclusion of the subject hearing. I.F. and T.A. LaMorte,' 895 Bor more inforination,please call a printed copy, has been regularly published in orth Bayview Road, Southold, ; 765-1809. said NOWSPaper once each week for 1 Y;County Tax Map Parcels No',:': _ Dated:July 17, 1986. 300-70-13-20(20.1 to 20.21,in BY ORDER weeks successively, commencing on the 31 usive). OF THE SOUTHOLD day of July 19 86 8:40 p.m. Ai peal No.,34.78• ' TOWN BOARD' ECKY` JOHNSTON.- Vari- ` OF APPEALS, .ices for:(1)•Building Inspector;..' GERARD P. GOEHRINGER, <7 issue building permit allowing,,., •;isting'structure to be wea CHAIRMAN. . T ,y ��Prin Azed,prior,to fina1.280-a accessuproval,and(2)approval of ac- cipa➢l C106-, :ss in accordance with .New, ork Town Law, Section 230-a,..; '� ver private right-of-way extend Sworn t®be re me this ig from .the northerly.end of ;: day of 19� :ridge Lane Extension and Ore- r gfjARY .pEGNAN on Road over lands of Bokina, ,,. .: . y tentified of the Suffolk Count "•',°.~ `. �` NOTARY PUBLIC,SNoe4949860, Y s Suffolk Expires Fe 19c ✓���Z-- Ysrm Expues Februar�i! NOTIt•E'.OI11I?;IIYfAS;::, 8:10 p.m. Appeal No.'3530- NOTICE;ISHEREBY GIV RAYMOND T. "GOODWCN Variances to the. Zoning; EN,pursuan{to�ection267of, �_UUNTYOFSUFFOLI< dinance:(1)Article;IlI,..Section-,si the'',Town Law and`tlie Code of. ss: the'-`Town`s',:of:'Southold';`t the', ' STATE OF NEW YORK 100-31, Bulk Schedule;for per mission to construct kitchen ad-- following public hearings Will be dition'with an insufficient held =by'•>.the.° SOUTH OLD ' westerly sideyard setback and in TOWN BOARD'.Ot APPEALS. sufficient total sideyiards;(2)Ar-' at the'.,Southold:., own. Hall; Patricia Wood, being duly sworn, says that sh ticle XI;Section-100-119.2(B)for Main Road,Southold,,NY at a- Editor, of THE LONG ISLAND TRAVELER-WAT( permission toconstruct kitchen'' Regular Meeting commencing at, a public newspaper printed at Southold, in Suffolk, and deck additions with an in-i 7:30 : p.m.,, on,:,,:;THURSDAY; sufficient, setback; from'.the, AUGUST' 14,.:;1986 'and::.as .` and that the notice of which the annexed is a print; highwater mark along Feconic Ilows:,'.; •,.;,: .;;`.;; has been published in said Long Island Traveler-W ' Bay, at .4450!Peconic,,Bay 7:35 p.m;.Appeal-.No. 3536 / ! Boulevard,Laurel,NY;County• GEORGEANDPATBROWN.. : once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . Tax -Map :'parcel No.; Variancina31 e, to,the,,Zoning .,Or- Y, g I. I000-12p.4-22:Zpp. Article•.III, _Section successive! commencing on the 8:15 m. A' eal'No. 3533� ulk,,,Schedtile, for per- TOHN AND.' 1',lE�NNE mission to construct deck addi- e BREDEMEYER., Yariarice ,to tion'to dwelling with.Nductio day of . . . 19 �� , , the Zoning Ordinance;Article: of existin nonconformin ,ideyard setback; at.;1S0.Briar- , + ' 111 Section. 100-31 'Bulk: wood:Lane,.Cutchogue,.,..NY; Schedule,' for 'permission to: • , . . . .`.. . . locate single-family ;dwelling: Coiinty-,;Tax,.Map_,Parcel tNo,- structure within 75'feet of or IQ0D-136-1-3.:._,_,;.;;:'. dinary highwater 'mark along— , 7:40 p.m.•.Apeal No: 477� p 3 I. Orient Harbor.Location of Pro-.. K.AI HERINE HEINS,i�ariance perty:West side'of Bay Avenue,• Sworn to before me this . . . . . . . . . . . .`�� Orient, NY; County Tax Map_ ' • to the Zoning Ordinance, Artf-, . . . . . . cle''III, Section.:.100-31,.`Bulk, Parcel No. 1000-16-1-8. Schedule,.for approval of insuf n �� 3:20 p.m. Appeal No. 3539=: ,.,.Appeal-'.No. 19 . , . • . MICHAEL HERBERT.Special. ficient area,width and depth-of.: ,'. 8.40, p.m� + 3478-BECKY, JOHNSTON, Exception to'the —'Zoning'Or-:: ' two parcels in:this proposed,' Variarices for::(1),Building,In,' dinance, Article III; Section division or set-off,.of land;";;! `. located along the north side of spectorao issue building permit 100-30(B)[16] for permission to: ' allowing existing sftcture'to be establish Bed and Breakfast: Main Road,.Orient,000 Tiix]9-2-a p,:'Pa e,lCouni�No:. :i weatherized,prior,to finaT280-a L4 �, use,'. an owner-occupied t access'approval,,and`;(2)�,'ap= >`7U • •,�-a �' building, other than a hotel, ?:50 p.m.,Appeal:No: 3520 a proval;of.access in accordance lotary Public where todging'and.breakfast is' THOMAS SHALVEY.Variance ' with New:York Town I:aw,°Sec- provided for not more than six tion.280-a,over private fight-of BARBARA FORBES casual, transient roomers,and: to the'-Zoning Ordinance, Arti. , jway extending`from the norther- ti renn than three. y Public, State of New York g of not more cle ;III,':Section 100-31;;"'Bulk,"'.'";. ly end of Bridge Lane Extension. No. 4806846 rooms. Location of,Property:. , Schedule,-for approval of insuf and.Oregort Road 'ovei lands'of ficient area;width and depth of ff talified in Suffolk County 795 Pike Street;Mattituck,NY; No.- two parcels' in",this V Bolcina, identified on the'Suf- fission Expires C �� 19 ps'- i County 'Pax Map !Parcel: i p proposed. . folk. 'Countyy, Tax Maps'.as 1000-140-2-23. Zoning District: division or' set=off of lane[;-'' - - ,, located along the south side;of.. ' •100-73-2-�4, to pretiil-ses;,V of "A" Residential and . Case Road, ,Cutchogue,..NY ,; ! Johnston.identified,on the Suf Agricultural, - fo➢k Covnty,. Pax: Maps ,as, 8:25 p.m. Appeal No.,3421 Couttty Tax• iviap',Parcel IVo „ ! JOHN J. NEVVMAN. Variance 100b-116-2-15 and''16 '" I 10�00 P m Ap'oeal"No,'3513 7:5 to.the,Zoning Ordinance, Arti- �tt �P �4 SIIILOWITZ: cle XI;Section 100-1I9.2(b)for ART Ll$'•: .'AND'. "BER-' NADETTE BURNS.Xariance.�"`f '; ;Variance1.fo`',tlie'-Zoning,. Or- permission to construct'addi to the Zoning Ordnance, Arti "I 'dinance;' 'Article ,Xl,''Section: tions to'dwelling within 75.feet cle III;'Section( 100 3 Ordinance, acid 100-119.2(B)'for permission to '. of high water and 'existing 10tD-32; for permission to.con= construct'condominium ;com- bulkhead along James Creek,at struct accessory tennis.court➢n p loxes within;,75- feet .'of' 430 Sailors Needle Road, Mat- the:;frontyard':area, at:, 3525: 4'1,„ bulkhead_'hnt tcdal,water,at the tituck; .NY; County Max;Map Private Road No. 13 (right-off i west Ode'.of,Sixth Street,Green- Parcel'No. 1000-144-5-29.1. and way extending`offl,the end of ,r pent;IdY;�10(10.49-01=25.1 Zone 30. Ruth Road), Mattituck_9 Coun District M Lcght Multiple 8:35 p.m. AppeaFNo 3535-' ty Tax Map Parcel''No + ;' Residence NORTH FOR K FRIENDS OF 1000-105 1-4. he $oard of;Appeals:will KENYONTUTHILL, Variance 8:05 p.m. Appeal"No..:3433 %� hear satd`ttme and place all to the,Zoning Ordinance, Arti- GAIL; .DESSIMOZ.`,;ANLI;I -persons or.representatives.desir cle III, Section 100-30 for per- MICHAEL' `RACZ Variance tng',to be;heard iti each of the, mission to use premises.4or a. above:.hearings iVritfen.com-, special ifund-raising !vent•in: for;'approval- of'�access; New- , •' conjurictlon-iwitFi 'fireworks'. I ..:ments.may'also be,;submifted York•Town.Law, Section 280=a,:;;; :;, rior.`to the conchasfon'of the• display,at premises of W.F.''and " over private right-of, known 4 a p ;-. as Priv inferred to, `. .'subject hearing.,For'more tnfor= T.A. .L aMorte, 895 North - mation,;plea e,call 76511809." 1 Bayview Road, Southold, NY; as Hallock Lane and ate Road No.:°10, e:ciAn-',;�;� Dated✓ 3'uly 17; 1986' " ' County Tax Map'Parcels No. ding off the north side of Sound. ICY..ORDER OIL THE 1000-70-13-20 (20.1 to 20.21, Avenue, Mattftuck,',New York;' SOUTkIOLD TOWN. inclusive). (over and along lands of Charles Simmons and Edw�iird Iiarbes) I BOARD Oir t'aPI'I?FALS GERARD P.,GOEHRINUER,. County.'Ihx 'Map'Parcel'.4NO. '`:I CHAIRMAN Io00-112-1-7 8,;nrid to Parcel 1 ` .. IT-.7/31,'r'6;I1) I )*1 A .. , . �o��FFoc,��oG Southold Tow",,., ppBoard of A ea is MAIN ROAD - STATE ROAD Z5 SOUTHOLD, L.I., N.Y. 11971'. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI i TO WHOM IT MAY CONCERN : Enclosed herewith as confirmation of the time and date of the public hear.ing concerning your recent 'application is a copy of the Legal Notice as published in the L . I . Traveler- , Watchman , Inc. and Suffolk Weekly Times , Inc . Someone should appear in your behalf during the public hearing. in the event there are questions from board members or persons in the audience . Please be assured that your , public hearing will not start before the time allotted in the Legal Notice . I If you have any questions , 'please feel frde to call our office , 765-1809. Yours very tr 1 f �� • - Y JY�Iai W� G RARD P . GOERR IGER CHAIRMAN I ' i . i Linda Kowalski Secretary and Board Clerk Enclosure I � � I i i Ln • Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 16 , 1986 To : . Southold Town Zoning Board of Appeals From: Judith. T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal' No. 353'6 application of Mr. and Mrs. George 'B'rown for a variance.. Also included is letter relative to NYS . Tidal Wetlands Land-Use; Short Environmental Assessement Form; survey; and Notice to Adjacent Property Owners . Judith T. Terry Southold Town Clerk o L Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 . TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS August 14, 1986 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S.E.Q.R.A. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Si nificance APPEAL NO. : M536 PROJECT NAME: GEORGE AND PAT BROWN _ This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar. project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: CONSTRUCT DECK ADDITION TO DWELLING WITH REDUCTION OF EXISTING NONCONFORMING SIDEYARD LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 150 Briarwood Lane, _Cutchoque, NY 136-1-3 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance regulated as pro- vided in Section- 617.13 -of the State Environmental Quality Review Act, 6 NYCRR. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11.971; tel. 516- 765-1809 or 1802 . Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. r TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. c� ............. DATE. .... TO THE ZONING.BOARD,OF APPEALS, TOWN,OF SOUTHOLD, N. Y. l (We): .%;r ..r ,r :... x te...B Ta. .........of ................. Name of'Appella"nt Street and Number. a.................. M. :. .... ... .................................. ........ .:...:�.o .........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. Z............... DATED .... /.:r.C................................. WHEREBY THE BUILDING INSPECTOR DENIED TO s eichar.d 0. Funst ................................................................................. Name of Applicant for permit of ... .............. ............................5• Harbor 'a.,:z n...Y. .?Via............................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( -`' .. (' r tti rla. ? •. o t: _7 121011 P: a 1:r3.xe Treated d Deck. 1. LOCATION.OF THE PROPERTY., ................................... .. ... ...... .... 150 rc of c I .ta Street Use.District `on- Zoning Map 1000.. Yn.. 3.6...—.. i9...(fi... OOa..........Current Owner .?aurae & Pat DrovnA Nlap 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.) 1-xt. i%.% Sec. 300-31 Col. A 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 Sdiah, (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... ,REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( a� A Variance to the Zoning Ordinance is requested for the reason that Thee p.ropo e-d dock to be added to the novs addition for '1 r & FrolArn tvill reduce the set back o-J 101 to approximately 21 Form z131 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary-HARDSHIP because , Mr & Mrs Brown recently retired and moved from Rockville Center, are expanding their house for more comfort and storage. The proposed deck will be situated off of the dining area with access provided by french doors. Mr & Mrs Brown requested the raised deck so they would not have to use steps to travel to the outside eating area. 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 house 'is located very close to the 'adjoining. property, which puts .the dining area . and deck in a location where this varierice is requested. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The. house on the advioning property is at the opposite end of the .pro.perty and a row of .cedar trees seperates the two with a privacy barrier.. The owners of the properties have been living here for over 50 years and. no, problems have ever arouse. STATE OF NEW YORK ) C)ss ......... . ........ ..... ................... ......... COUNTY OF Signature Swornto this ....................... .............. day of.................. .... .. ............................. 19 a � -' i�J 2 V0 . ., MEN K DE VOE Notary Public MARY PUBLic,SW d Now Yod Teem ExpM�ir�March 30 Ica 7 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Mr & Mrs George Brown NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to-petition the Board of Appeals of the Town of Southold to request a (Variance) (S 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Mr & Mrs George Brown to the north east of your property /000 — 1340 -1 -.3 6 -rYJe- #A-fe,Pb4 /a,21 � Curc,6�66 tle /L,E n 3. T at the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: Permission to construct a 9 ' 6" X 12 ' 0" Preasure Treated Deck dft ot propose addition. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section-1 0 0—3 1 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 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 Travel er-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: 7/11Z86 Petitioner Owners ' Names : Post Office Address? ;aaai'bah .•1 - sr /56 . �] PROOF OF MAILING OF NOTICE (� ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS fob& - / 3 (. _ /1'1i4� a 6t9V �- . 0 01 1) i 60 zo m t4 /vSo^) fi n/A� 1307� 33 ,0 4,+ j �S cL-i-7-c No 6 P)e-rc e 4 q+D Cc�fco�u� Nly 11�35 STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) residing at >74� `j4mo_wyz_ being duly sworn, deposes and says that on the /�n¢day of , 19 _ , deponent mailed a true copy 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 the current assessment roll.of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at Asy. ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this Lb day of . 19 Rk _ ,L I KIMrrlMlt Notary Public Ttsrtnfixgres 19--�� (This side does not have to be completed on form transmitted to adjoining property owners.. ) f�je !� • Y . 5 f:nvironmerttaI (2uaIity k(.-vi (2w 11ct r•c(Iuirc!, :uh- `�'`''''' mission of s form, and an environmc it review wilCbe ' • j made by thi ioard before any action i a k e n SPORT ENViPOMMENT.AL A SSF!3 F:I^ FCP! % I;IST?1aCT'C'.S: (a) In order to answer the questions in this short EAF is is assumed that Lhe •.;:�:7:•a ,•' :.'`' proparer will use currently available infor---atien concerning the project :and •hA ;'•�;' likely lzpacts of the action. It is not expected that additional studios, roeoarc'ts{ ,} ;�� :J,:; 7;• :':`-'-or or ether investigations will be undertaken. ;r•;:,••�'7,1{J,"�: r;.•,.+,s.'. +��.�; ,,•!.,: (b) If any question has been answered Yes tho project rssy be significant and a''` �' .;':ec-p1etcd Envircru-ental Asse3sr.,enc Form is neceszar/. :a tl t'• '.T-L7.• •, - t; ..'. '•si gll�1.,'v4':e..r�4: •;' °j `t; ,'t . . .'(c) If all .questions have been answered No i that this o' is likel r.•j,'.`,�:.;�' 1.f•.t:nc- significant Y pr j9Ct ll'•.�r :�':t.. .i. 7' :.7 :, '.F� ':i�f is{`ai:'.�� •�• tj��S! ; ( ) F_nv ircr.._ ntal A99P.99t"ent 7''r �'i;; '�T; ;•�;.;ti.: ' ';:;; 1. Will project result in a large hysica-1 change to the project site or pp B physically alter mora t1:'`�,5." ..�' .!U"-1'�:,!'i'• :i.".!`: than 10 acres of land` v • • • • • o o • • • • Y03 110' Y+F` e�:rt;;,'+ ti t,,•' ,�'� 20 Will there be a 'C.1 jor change unique i'•'.o-•; age to any que or unusual land form found on the site? V ' . Yes+ " o �. � .Z: ;!? '.'• 3• Will project alter or have a large effect on ';;:.,.•'; . an existing body of water? • V ' No '`'�"%'•},:� "`•':: ;:;, i 49 Wi11 project have a potentially largo S :pa cL on grourdwater quality? • • o • • • • • o • Y03 ti0 ' f}'�l.,'•;: •, j. Will project significantly effect drainag© flaw :�i'\��'•rr', on adjacent Sites? • • • • • • • • • 0 0 0 Yes 6.' Will project affect any threatened or endangered plant or ani_:al Species? . . . . Yes VNo :f';p• m 7• WL11 project result in a major adverse effect on •I '� • 'sti air quality? o • � o \ Yc3V ' 1i0 J ••�i�,' 8• Will project have a rrs Jor effect on visual- char- actor of the community or scenic views or vi3taa known to be important to the community? . Yes !io 9• Will project adversely irpact any site or 3truct- '};;:;t;•i ;: ure of historic, pro-historic, or paloontologicul importance or any site doeigratod ae a critical environmental area by a local agoncy? Yes 10• Will project.have a 'r,.a jor effect on oxiating or future recreational opportunition7 • Yen " 11. Will project result in major traffic problem's or cause a major effect to existing transportaticn Sy3tCm3? • • • • • • • • • •, • • Yes 110 12. Will project regularly cause objectionable odor::., noi3o, glare, vibration, or electrical dinturt ance an a result of the project':, operation? Yea V No 13. Will. project have any impact on public health or 51feL7" 0 0 6 • • -- Yes o 14. Wi:l project affect the exi3tina corununity by direccl% causin4 a S:•cwth in Perr..nnent popula- ticn of more than 5 percent over a ono-year period r•r have a major n^native effect on the character of t e cor-,unity Sr r.t:i h::Orhocd? Yen No I5. Is there pub-1 is cen-.r:v Ccnce n:nP, e pro,;cct' Yes NO 9lt�ra1*412 7/7/8'6 (Tc:d:.'y ' s D.lte) To: Southold Town Board of appeals Main Road Southold, NY 11971 Re: Appeal Application of Richard O. Kunst Location of Property: —J- L-')) bitalwOud aiac _ u - Dear Sirs : In reference to the Nen,r York State Tidal Wetlands P:atld-Us Regulations, G NYCit Part 661, and Article 25 of the Ne"'a York State- Environmental Conservation Law, pleas` be advised that tl subject property in the within appeal applicatiocl : (ploa-c u cht_cv one box) ] May be located within 300 feet f oL tidal w(:2tlar.d:: howt,2ver, constructed along the water-lyincj edco Of this property is a bulkh-aad in very goad condition and at least 100 feet in •rlength. k ( ] May be located within 300 feet of tidal wetlands ; however, construcl:cd -along the Ovate-r-lying edge 7 of this property is a bulkhead in ,-"need of + (m;nor) (major) repairs , and aporc:ci.zlately feet in length. • _ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bull:haad less than i00 feet in length. ] May be located Witllin 300 feet or tidal wetlanez ; and there is no bul%he`d or conc=et;.' wall e:�is��:Z on the premises . ( * ] Is not located within 300 feet of tidal wetlands to the best of illy knot•rlLdcje. * [`; tarred items'(* ) irldic::,te your r)rC_ ,)Or- Y does not appear to tall witllirl the jurisdiction of the N .Y.S . D. C. C. Sincerely your NOTE: If proposed project f.Zlls Witlian D.E.C. jurisdiction , approval must be received and sui;mitted to our office before your application can be scheduled for a public hearing. • 2..7. W.-73 E_A�C ga- TJ U--"Vx'4 20 (D F \^1AY J- 1.4 EMOYE D LU 1'2 S,TC__I r2—N L 0 � T) - ATIO P1,20P. PATIO Ap 73. 2 1. Q EL--_ 204,2 5 T.— I( 0' at�d; YE:L-. j U 11.!G Survey is o vifQtjon of i , I .' Q!th, York'9tr'z') NE of A FIL.F 'a,. nUrv, inked ch'su not be omeldo U FF (-'L E OF-F I C A5 �/IAP 11-,"") �zoss tO 130 valid trun X Guarcntce. jndicctQd hcroon Ditail 5o tAA QrIIV to tha Person for v,;1jcn the Survoy Qt ry title Commny,governmental iS WGINWed,and on hi, 20 the 2 6rO Pa SJ fJ landing institution listLarj,hareon as)ncy Dn', NID to the . and iii Isftignoeg of the lending insti- tution.Clucrantoes taro not transferabIG 10 insti -tut!RPS