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Home My WebLink About31902~IB Nokom±s R~., So. CA-construct atty. storage bldg. in area other than required rearyard. Southold Town Board of Appeals HAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3190 Application Dated November 7, 1983 TO: Mr. william Burkhardt Box 388 Bayview Road Southold, NY 11971 (Public Hearing held 11/30/83) [Appellant(s)] At a Meeting of th~oning Board of Appeals held on December 28, 1983 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section tX] Request for Variance to the Zoning Ordinance Article III, Section 100-32 [ ] Request for The public hearing on this application was held on November 30, 1983. Upon application of WILLIAM BURKHARDT, by Alfred J. Skidmore, Esq., 117 Newbridge Road, Hicksville, NY 11802, for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct acces- sory storage building in an area other than the required rearyard at premises known as 50 Wabasso Street and 2315 Nokomis Road, Southold, NY; County Tax Map Parcel No. 1000-078-03-part of 039. The board made the following findings and determination: By this appeal, applicant seeks a variance from Article III, Section 100-32 of the zoning code which is required in order to per- mit applicant to retain the present location of an existing garage structure. Applicant has applied to the Building Department for permission to construct a new one-family dwelling in conformity with the rules and regulations of the zoning code; however, since this parcel is a corner lot as defined by Article I, Section 100-13, "Definitions," the area in which the subject accessory building is located has been technically interpretted to be "front yard" area. Section 100-32 requires accessory buildings to be located in the rear yard area. The premises in question is located at the intersection of Wabasso Street and Nokomis Road, near Laughing Waters, in the Ham- let of Southold, Town of Southold, and is more particularly identified on the Suffolk County Tax Map as District 1000, Section 78, Block 3, part of 039. The premises contains an area of approximately 20,123 sq. ft. The subject accessory building is and will continue to be set back from Nokomis Road property line 25 feet and from Wabasso Street property line 47 feet. It is the opinion of the board that the practical difficulty in this case is sufficient to warrant the granting of this variance; however, there are two main concerns of the board: (1) that the subject accessory building remain as an accessory use, since any attachment of same to the main house would violate Article III, Section 100-31, Bulk Schedule, of the zoninq code as ko yard setbacks, and (2) that the accessory building remain to be used only (CONTINUED ON PAGE TWO) DATED: January 4, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3190 Matter of WILLIAM BURKHARDT Decision Rendered December 28, 1983 for storage purposes, and that the habitable facilities and utilities therein be removed. In considering this appeal, the board determines: (1) that the practical difficulties have been shown and are sufficient to warrant the granting of the application as noted below; (2) that the relief as noted below is substantial in relation to the requirements of the zoning code; (3) that the circumstances are unique; (4) that the relief as approved will be in harmony with and promote the general purposes of zoning of the protection and promotion of the public health, safety and welfare; (5) that the interests of justice would be served by approving the application as noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goeh- ringer, it was RESOLVED, that Appeal No. 3190, application of WILLIAM BURK- HARDT for permission to retain accessory storage building in the frontyard area as applied for and indicated on the October 27, 1983 survey of Roderick VanTuyl, P.C., BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The dwelling and all new structures, if any, must comply with all yard setback requirements of the zoning code; 2. Ail habitable appliances, fixtures and utilities must be removed in the accessory building in question; 3. The premises and buildings be inspected by the building inspector prior to the issuance of any Certificate of Occupancies for any land or structures. Location of Property: 2315 Nokomis Road and 50 Wabasso Street, Southold, NY; County Tax Map Parcel No. 1000-78-03-part of 039. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was unanimously adopted. For the record, it is noted that the premises in question was the subject of prior Appeal No. 3011 for the applicant herein dated July 2, 1982 for an area and width variance conditionally approved on December 22, 1982. RECEIVED AND FILED BY T}'iE SOUTHCLD TOWN CLERK Town Clerk, Town of Cout.L~old 'GERARD P. GO~HRINGERfCHAIRMAN January 4, 1984 !/~_... 3L} ,/ /t a :q 1g �7 f Southold Town hoard ofAppeals 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 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Zoning Board of Appeals at the Town Hall, Main Road, Southold, NY on Wednesday, November 30, 1983 , commencing at 7:30 p-.m. and as follows: 7:30 p.m. Application of ROBERT A. CELIC, Main Road, Matti- tuck, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-80 (C) and 100-60 (C) for permission to erect off-premises directional sign in this "C-Light Industrial" Zone at premises located at the South Side Main Road, Greenport, NY, and more parti- cularly known as County Tax Map Parcel No. 1000-053-02-26 . 7:35 p.m. Application for Frances Satriano and the Estate of Michael Satriano, by Dolores Adolph, 763 Norman Drive, North Bell- more, NY 11710, for a Variance to .the Zoning Ordinance, Article III, Section 100-31, for permission to reseparate two ;substandard par- cels having insufficient area, width and depth, located at the west side of Fiddler Lane, Greenport, NY; County Tax Map Parcels No. 1000-36-2-5 and 6 . 7:40 p.m. Application of Nick and Anna Andriotis, 21120 Soundview Avenue, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-119 .1 for permission to erect fence exceed- ing four feet high in the frontyard area of premises at the northwest corner of . intersection with Clark Rodd-and Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-3-14 . 7: 45 p.m. Application for Mr. and Mrs. Saul Rosenstreich, by Skinny Dip Pools, Inc. , Main Road, Mattituck; NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct inground swimmingpool, deck and fencing in the frontyard area of this parcel known as 645 Little Peconic Bay Road and 3700 Haywaters Road, Nassau Point Club Prop. Map 806 , Lot 417; County Tax Map Parcel No. 1000-111-11-009 . Page 2- Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 30, 1983 7: 50 p.m. Application of JOHN C. DILLER, 260 Peconic Bay Boulevard, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory storage building in the frontyard area of premises known as 260 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-145-02-1.6 . 7: 55 p.m. Application of The Suffolk County National Bank, Box 702, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-70 (C) [2] for permission to have second identification sign on side of building facing the parking lot (Keyfood Shopping Center) at premises known as 31225 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-097-05-012 . 8 : 00 p.m. Application of Richard Jarzombek, Osborn Avenue, Baiting Hollow, NY 11933 for a Variance to the Zoning Ordinance, Article III, Section 100-32 (A) for permission to construct accessory windmill "exceeding the maximum height requirement of- " 18 feet at premises known as 5520 Narrow River Road, Orient, NY; County Tax Map Parcel No. 1000-027-02-004 . 8 :10 p.m. Application of Serge and Janice R. Doyen, Box 263 , Fishers Island, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory storage building in an area other than the required rearyard at premises located along Fox Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-006-06-001. rarea :I5- p.m. Application of WILLIAM BURKHARDT, by Alfred J. , Esq. , 117 Newbridge Road, , Hicksville, NY 11802, for a to the Zoning Ordinance, Article III, Section 100-32 ission to construct accessory storage building in an er than the required rearyard at premises known as 50 Street and 2315 Nokomis Road, Southold; County Tax Map o. 1000-078-03-part of 039 . 8720 p.m. Application of MR. AND MRS. RALPH MERRILL, 3300-26th Avenue East, Estates #27, Bradznton, FL 33508, for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to reseparate two substandard parcels, each with an existing dwelling, having insufficient area and width, and known as Lots 41 and 42 on Subdivision Map of Laurel Park, Map #212; County Tax Map Parcels No. 1000-127-08-6 and 7. 8 : 25 p.m. Application for NORMAN J. MURRAY, by Wickham, Wickham & Bressler, P.C. , Main Road, Mattituck, NY for a Variance t i "PagL 3 - Legal Notice of Hearings Southold Town Board of Appeals _ Regular Meeting of November 30, 1983 to the Zoning Ordinance, Article III, Section 100-31, for permission to divide Lots 37 -,thr6ugh 40 of Laurel Park Subdivision into two separate substandard lots located at the east side of Oakwood Road, Laurel, NY; County Tax Map Parcel No. 1000-127-8-8 . . 8 :30 p.m. Recessed Hearing: Application for DIMITRIOS PAPAGIANNAKIS, by D. Kapell, 400 .Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 to redivide two parcels, each having insufficient area and width located on the west side of Stars Road, East Marion, NY; Stars Manor Subdivision Map #3864 , Lots 20 and 21; County Tax Map Par- cels No. 1000-22-04-001 and 002 . Dated: November 14, 1983 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN For additional information concerning the above hearings, please contact Linda Kowalski, Secretary, Zoning Board of Appeals, at the Town Hall, 765-1809 - (or 1802) . --------------------------------------------------------------end .of_legal. Copies to the following on or about 11/15/83 : Suffolk Times (personal delivery) L.I. Traveler-Watchman (personal delivery) Mr. Robert A. Celic Mrs.. Dolores Adolph for Satriano Mr. and Mrs. Nick Andriotis Skinny Dip Pools, Inc. for Rosenstreich Mr. John C. Diller The Suffolk County National Bank Mr. Richard Jarzombek Mr. and Mrs. Serge Doyen Alfred :J. Skidmore, Esq. and William Burkhardt Mr. and Mrs. Ralph Merrill (Florida address) Abigail A. Wickham, Esq. for Norman Murray Mr. David-Kapell for D. Papagiannakis Town Clerk Bulletin Board Town Board Members ZBA individual files ZBA members and building department Planning Board 1� 37 FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL 0,7 File No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . ., 19 To !eg/ T. . . .5. .. . . �. 1 �./ �? . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . 1 �. . . . . ., 19 �1. for permit to construct . . . X/.8'1'. . . `� ;. . . . . . . . . . . . . at c of Property �O. . (-��4� \5d 0 eo?,315— Locationd�Q!�'ll�. . . . �o House No. I Street Hamlet County Tax Map No. 1000 Section . . O 74?. . . . Block . . . 05 . . . . . . Lot Q�J�. . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . .- . . . . . . . Lot No. .... . . . . . . is returned herewith and disapproved on the following grounds O.X� r zT./✓z. 4i'5. /�.: .Ao . . . . , . . . . . . . .r. .. . . ..?. . . n . . . . . . . . . . l � Buildinpecor . . . . . . . /oo RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ....1117183......... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1� ( ,,,William. Burkhard......................of ....Box 388, Bavyiew Road Name of Appellant Street and Number Southold N. Y. ............................................................................................. ............................HEREBY APPEAL TO Municipality' State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR. ON APPLICATION DATED: 9/26/83 FOR: Location of. single family residence from another location for summer residency. WHEREBY THE BUILDING INSPECTOR DENIED TO William Burkhardt ................................................................................. Name of Applicant for permit of Southold, ' New York Box 388,I,,,$ayy ew„Road.,,,,,,,,,,,,,,,, Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x ) PERMIT TO BUILD 1. LOCATION OF THE PROPERTY ...50 Wabasso St. & 2315 Nokomis Rd . , Southold ..................................................................................... Street and Hamlet Zone 1000 S.078 B. 03 L. P/039 OWNER (S) : �ii��]a.am.8w,kbaxdt. . . . . . . ................................................................................. Iv1ap No. Lot No. 1950 DATE PURCHASED: 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III , Section 100-32 n 3. TYPE OF APPEAL Appeal is made herewith for (x ) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (#�$O R roof t) 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 (quest for a variance and was made in Appeal No. :�. c� .®... Dated ........�.... . to.. . .�......................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x ) A Variance to the Zoning Ordinance is requested for the reason that we would like to Form ZB1 (Continue on other .side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the parcel has been held in single and separate ownership since 1950 on whom was constructed a garage . Thereafter, the amendment of Ordinance. Article III, Section 100-31 in 1973 rendered the parcel too small on which to construct a residence, and the premises thereby have been rendered valueless unless the application is granted . 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed location of the single family residence adjacent to the existing garage will conform to the existing pattern of the neighborhood, and, indeed, will improve the parcel in value and enhance its general appearance, and that of the neighborhood. STATE OF NEW YORK ) 72 ss ...... . .................... ...... Signature COUNTY OF NASSAU ) William Burkhardt Sworn to this ................ G'�... , ......... day of.........Noyember.. , ...................... 19 83 . 3 .... ............ . ..... ... .......... ..............�. Nato Public ? A�R11lD� 3KID1►�Oi2E NOTARY PUBLM iSTATt OF Naw YO".< No.so•s6914:no , O11AUVISO1H NAG-U COUNTT QN1pli�lON [XrIR�� MARCH 30.lor N_ v. Fa.. ,. j Southold Town 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. July 24, 1984 SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Mr. Edward J. Finck 910 Wabasso Street P.O . Box 419 Southold , NY 11971 Re : Appeal No . 3190. - William. Burkhardt Dear Mr. Finck : This letter is in response to'' your recent correspondence received July 16 , 1984 concerning the above file . As you know , our board did conditionally grant approval in the variance application of Mr. Burkhardt o_n Decem.ber 28 1983. Based upon. .your letter , - I do concur that the ,plan submitted for consideration appeared to be a plan fora new one-family dwelling ; however , you should be aware that our board has no power. to suggest .design of construction . Our purview is concerning the zoning ordinance. I have been down to look at this project subsequent to your letter and do understand your fe.elin.gs in this matter. ._I have also spoken with Mr. Lessard". of_ the. Building Department , and he assures that the present building wil1 ,meet.. a.11- current". or newly adopted building and energy: codes .to i ncl ude_ heating , plumbi"ng , electricity , ins ulation ,. and .a.11 other requirements for a new one-family dwe.l l ing . We are sorry that there Is '-nothing else that the Board of .Appeals can do . Yours very truly , GERARD P . GOEHRINGER l k CHAIRMAN ti ,M 910 Wabasso Street P.C. Box 419 Southold N.Y. 11971 July 11, 1984 Mr. Gerard P. Goehringer Chairman Southold Town Board of Appeals c/o Southold To;an Hall Southold N.Y. 11971 Dear Mr. Goehringer, I am writing to you as a sort of modern day Diogenes in my search for an honest man. The event which has caused my quest was a hearing conducted by you and the Town Board of Appeals on the night of Jan. 4, 1984 at;. outhold Tom Hall. The specific hearing was the request of one ,141liam Burkhardt for a variance under your appeal r'#3190. Attending this hearing in addition to Mr. Burkhardt and your Board s-aas_�.a delegation from Laughing eater consisting of Mr. Roy Gifford Tres, Laughing Water Property Owners Assn. Mr. "illiam Brady Vice Pres. La Py . h3r. Donald Aldrich fast Pres. LbTOA Mr. Rusling Wood Jr. property ovmer adjacent to Burkhardt property Mrs. Kay Gaynor Mr. Leo Gaynor Mr. Santo Cosenzo Mr. 'Guy Molino Mr. Patrick Reynolds and myself. All of the above with the exception of Mr. Gifford live within one block of the Burkhardt property. In the course of the questions asked by our group I stated that we had heard that the building in question was to be a previously built house moved to Mr. Burkhardt,s property. You stated that this was not so,_that the douse was to be a new one story dwelling. Yote then handed me the plans for its construction for my inspection. 1'lhen the hearing was concluded you commented that our delegation had conducted ourselves like gentleman as- opposed to some stormy hearings you had previously conducted and thanked us for having acted in this manner. (continued) (2) Vie left the meeting satisfied that a new House was to be built and this was further reinforced when Mr. Rusling Wood Jr. received the Board,s ruling #3190 a copy of which is enclosed for your convenience. So what happens, on May 21,1984 an old house is moved to Mr. Burkhardt,s property and placed on a foundation built earlier this spring. Quite natural ,;r xie were indignant for having been deceived. l wrote to Supervisor Murphy on May 30, 1984 protesting this deliberate misrepresentation of intent by Mr. Burkhardt and his action being condoned by the Building Dept. in direct contradiction of your assurance when I questioned you about same at the hearing on Jan. 4. Mr. Murphy telephoned me on june 19th stating that he had checked into this matter and that I must have misunderstood what ivas discussed at the hearing for in fact a new house was never discussed. I told him I had nine witnesses to the fact that a new house had definitely been the topic of discussion. So I -athered my facts and wrote him again on June 21st , a copy of which is enclosed for your convenience. As of the date of this letter Nir. l4urphy has not extended us the courtesy of an answer. Mr. Goehringer I believe the creditability of the variance procedure and public hearings about same are at stake in this matter for it allows an applicant to misrepresent his intent to your Board and then because of the surreptitious action of the Building Dept. get away with it. It not only makes a farce of the Jan.4, 1984 hearing but even more alarming has been our inability to get an honest answer from anyone as to exactly what happened between the night of the Jan. 4th hearing and May 21st when the previously built house was moved onto the Burkhardt property. I hope you are that honest man I have been seeking and investigate fully to see if indeed the ruling of your Board wras circumvented without authority, by whom, and he is then reported for appropriate disciplinary action. The Board then,in order to preserve its` integrity, must see that corrective measures are taken to see that such an incident does not reoccur. I am also enclosing a copy of Rusl.ing Wood Jr.,s letter of May 25 1984 addressed to Mr. Victor Lessard in reference to this matter. Also enclosed is a copy of June 27, 1984 addressed to the Building Dept. requesting acopy of Building Permit 12853Z and a copy of said permit. These could be of assistance to you in your investigation. We would appreciate your advising of the result of your investigation and if Supervisor Murphy has been advised as well. Sincerely, J � 4r�,• �i2(G G.�. Edward g. Finck RUSLING WOOD, JR. 290 WABASSO STREET BOX 506 SOUTHOLD, NEW YORK 11971 may 25,0 19U. V liam Zarkliurdt prwporty Dt-4r Mre 'Lessard; s wi,,A conr-im our, 4,,-;oiupaona uonvQroat,�on today . p e , a t' Cilia or. * kd S1On te,d, m,x ,-Pmrprcpor-y at 2,Q0 1tlabasao .4m tv In our ce.n.varoatioup jou .dli rucallq 1 "prav*ed Fravo doubto alp ojj.t the antiorm 9i Sr. Purkhardt !n moving an old. Iiouso to his property emotod an --sium fo-Mduutio!.10 contrary to tl!e "'Oul-hold Town Board of Appouls oE January .11,9 19abLX JjhjCh stoted a"7 �,03-10wjy$ 61-kppllcant has apdliad tho L9,jr.Ildjjg t�qparla."nt for pu;mli33ion to construct a new onlk�-r", 1z dwo.a.""IF is conformity, with taje .-ul.477a and mgulut-lons of tn-a zoning cow #*)etLt:&(Vjtjj language abc-ut -111c jarage�" Q 'n nded 'W� -YL "J.,jq 1.4.1at you konaw IV, J'Urklmx t0l unower fy to %ove A. h0=6 *jrQjJy coneltructed t%*00 his propar-�y rathar lzhan to construct a now hooso in kze-qxing uith �o aurrowling, aroheot- Ural �ioda. I stfamit,j, air, that 3one of us at that M&cJtiilg OxeaPt YOU kal M t,n, A. Uh 't lurnl6he pjaj)s for .jqj, jn vjjjw 0,r thiji gaot 4, at Mrs, Burkhard, w 4au av&rjbodV oleo (extopt yoU) accepted sis a now attractive dwelling' In keeping with the character of the area. Believe mep if thore 12ad ba�n any ol;her possibilitya, alare would bave been 1.1) qV apinions, this is a arlea4s 5a d6rhan4ad way of doing busineass. Burildiardt pulled a "fast oats and, you sW you kiww it 1011 gava yow word today over the toleoione that you will vip - e h 'Orously ,Oji v this �rja*,;ter as to J.*iurkhardt's mqpUane wi�, 4. -0 all rujus and rag4lationa of the zo�jtzjg codo,# as wall as repair to 'Wabasso $treat and the Wz)b&ssofR1ec0m.ia stroet sigh knock . down by t:11 "''a f' " -t A. ,e lioasis mov�jrs, 'YLOU 13ay ""Rhon *V '4;15 it wJ31 be drams it will b,-d doje.11 So far .11m from IA.aeourla 4. aus lary W Y Vour p ling 1p-i`ood r Rv�jr;s Blind Copy: J. Royal Gifford -A Finck . r RUSLING WOOD, JR. 290 WABASSO STREET BOX 506 SOUTHOLD, NEW YORK 11971 June 27s 1986 Building Department Town of Southoldp N.Y. Main Roads Southold, N.Y. 11971 Gentlemen: As the nest door neighbor of Mr. William Burkhardt of 50 Wabasso Streets Southolds I am very much interested in the particulars of Building Permit 12858-Z displayed at the property next to mine. By law I believe I am entitled to a copy of the particulars of aforesaid Permit in view of the effect the useage of the land will have on my property values, as a tax paying citizen of Southold Town. Your prompt attention to this request will be appreciated. Very trul your f i Rusling Woods Jr. RWjr:s Lind Copy: E. J. Finck `> 910 11abasso Street P.O. Boy: 419 Southold N.Y. 11971 June 21, 1984 - Frank Murphy Southold Town Supervisor P.O. Box 1302 t=. Mattituck N.X. 11952 Dear Supervisor Murphy, 'a In reference to our telephone conversation of Tuesday morning June 19, i984 -pertinent to my letter of May 30, 1984. You stated that with reference to the second part of my letter re: the Burkhardt hearing (Appeal #3190) by the Southold Town Board of Appeals on Jan. 4, 1984 that there was a misunder standing on my part and that it was never mentioned at the proceedings that a A new house was to be built. pra ,. Supervisor Murphy.I do not know who gave you this information but it is erroneous. I am enclosing a copy of -the Action REport of the Zoning Board of Appeals sent to Mr. Rusling Wood Jr. of 290 Wabasso St. , the adjoining property owner' Please note that the fourth paragraph of this decision,as Q. underlined in red, definitly states "Applicant has applied to the Building 6 Dept. for permission to construct a new one family dwelling in conformity with the rules and regulations of the zoning code". ;> In addition to myself the folloFring attended" the aforementioned hearing on Jan. 4, 1984, Mr. Roy Gifford Pres. Laughing Water Property Owners Assn. Mr. William Brady Vice Pres. LWPOA -Mr. Donald Aldrich Past Pres. LWPOA ,Nr. Ruslin `'Mood g � Jr. property owner adjacent to Burkhardt property Mrs. Kay Gaynor Mr. Leo. Gaynor Mr. Santo Cosenzo Mr. Guy Molino r Mr. Patrick Reynolds All of the above with the exception of Mr. Gifford live within one block of the Burkhardt property. Vie are unanimous in our opinionthAt the matter discussed was for construction of a new one family dwelling. To state otherwise is an insult to our intelligence. We want to know who told you that a new dwelling was not discussed. Was it Mr. Goehringer or somebody in the Building Dept.? Obviously somebody is being devious and we are entitled to know who it is. Ironically at tl conclusion of hearing on Jan. 4,1984 Mr. (continued) 1: rs (2) yt, Goehringer complimented our delegation from Laughing '.rater on our gentlemanlly behavior in contrast to other stormy hearings he had previously conducted. { Had tie known in what a underhanded way it was to ultimately end ;4 we would have him plenty of static or is it possible Mr. Goehringer was acting in good faith and the substitution of a previously built house was f -sanctioned by the Building DP-.,)t. after the ruling was made? It is imperitive that you make a -full investigation of this matter. Those of us who attended that'..hearing in good faith want to know exactly 1{ f; how a ruling by the Southold Town Zoning Board of Appeals states one thing 3 and what is done is in complete contridiction to that ruling. M I am also enclosing a copy a letter dated May 25, 1984 sent to Mr. `victor Lessard by Mr. Rusling Wood Jr. which may be of assistance in your investigation. ` We await your reply as to what truthfully happened in this t matter. If you are unable to give us a straight answer then we request that you conduct a formal hearing about same with all persons who were at Jan. 4, 1984 heating attending. Sincerely, rdward J. Finck z 910 'abasso Street P.C. Box 419 Southold N.Y. 11971 Way. 30; 1984 Frank Murphy Southold Tot.m :supervisor P.O. Box1302 Mattituch N.Y. 11952 Dear Supervisor Murphy, In your recent newsletter " Frankly Speaking" you state "Remember . .. Murphy cares% After you have read this letter I hope to find you were sincere in this statement because not only I but a majority of my fellow neic:tbors in Laughing Water are deeply concerned with the lack of enforcement of the Zonin- Code of the Toren of Southold. The most flagrant violator is one Harold Ualters who is operating a junk yard, principally cars and trucks, on the nest side of Nakomis Ito ad about 300 feet south of Baywater Ave. The property consists of two lots, #(1) on which the 11alters house is located and M(2) the sot adjoining the house to the north on which the cars and trucks are situated. llle.property is zoned Residential. Lot #(1) has an exemption for a portion supposedly properly screened because Mr. :Falters lived there prior to the Zoning Code. Lot #(2) has no exemption for it r;as only acquired a few years aro. Mr. l'Valters has been previously cited for violations and ordered by Soren Justice Tedeschi to clean up the premiss. IIe was Liven a dismissal for compliance. This happened a couple of years ago, now the place is twice as bad as it was previously but the Building Dept. has not issued another citation'. 1what we want to know is why? The penalties for violation have been increased still nothing is done. I know your schedule is busy but the scene of the violation is less than five minutes from Town Hall. P.ide over and see for yourself this eyesore in an otherwise well kept residential cormiunity. See why we in Laughing rater are embarassed by it acid- even more disc oncerti.ng is to know titat the value of our property is being depreciated by it. - This man is literally thumbing his nose at the Torn of Southold and the Torn is doing nothing about it. i,e in Laughing arc getting tile run-around goin!- through normal channels and are asking you to personally investigate the inaction on the part of the Building Jcpt. Speaking of the Building Dept. here is another grime again in Laughing :rater. �n Jan. 4, 1984 a hearing r.as conciucted by the joitthold To-M Boar('. (continued) r (2) of Appeals on an application of idilliam Burkhardt for a variance and permission to construct a nets one faru.ly chvelling on the property located on the norteast corner of Nakonis i.oad .and.17abasso street. At that meeting t:•e raised the question that we had heard that Par. Burkhardt intended to move a house from another location. -.ie were assured that was not the case:in fact a Member of the board 'handed Me tizc plans for the new house for my examination: The variance was granted and 14r. Victor Lassard assured us that construction would be strictly supervised in accordance with the Town Building Codes.. 5o what happens, on Monday morning May 21, 1984 at approximately 8 ,1.11, an old house is moved onto a nez.r foundation which was bailt earlier this. sprin.- Plow if this isn't outri ht deception I do not know what is. It does not add to the. stature of the '1'otvn of .�o,xtholci to allow a "fast one" to. be hulled by Tire Burkhardt but even worse let the Building Del-)t. condone same. In order to preserve the'integrity of the Torn of Southold not only I but ray neighbors in Laughing ;cater asic that you personally intervene to investigate the .violations mentioned above, determine who is not doing his job,, and see that corrective measures are taken-to rectify these violations. By doing so you Will restore our confidence in yoLir administration. Sincerely, -G Fincv ice 4— Edward t of Appeals on' an,appliication of JJilliam Burkhardt for a variance and permission to construct a new.oile family dwelling, on. Vic .property located on the .nortcast corner of Nakonis hoa.d .and: i:abasso . Street. At that meeting ue rai.sed the:.qLiestion that we had heard that Mr. Burkhardt intended to move a house from another. location. 'pie wire assured that was not the case:in fact'a Member of the board handed rie t'.�e plans for the Herr house for my. exariinati0 * Tlie variance [vas granted and Pir. victor Lassard assured us that construction would be strictly supervised in accordance with .the To.vn Building Codes., So what .liarpens, 'on lonc.ay morning May 21, 1984 at approximately g :1.M* an old house is moved onto a nci.v founcdation which was b'.si-It earlier this spring. Plocr if this i n't otitriht deeention I do not ]cnoty what is. It does not acid to:the. stature of the..Town o.f::;outhold to allow a "fast one" to be pulled by Mrs Burkha.rdt but even worse let the Building Dept. condone same. In order to preserve the inte;rity of the Torn of Southold not only . I but my neighbors. in Launhi.ii; .1Jater .a sic that you personally intervene. to investigate the.,violations ineiitioned above, determine who is not doing his job, . Z2 .see that corrective nen'sttres are taken-' to rectify these violations. By doing so you...u!ill restore_ our confidence in your administration. . Sincerely, C:derard .h. Finck .910. b-abasso Street (� 11.0. .Dox 419 Southold N.Y. 11971 May 30, 1934 Frank Murphy Southold Toim Supervisor P.O. 13oxa.302 Mattituck N.Y. 11952 Dear Supervisor Murphy, In your recent newsletter " Frankly. Speaking" you state "Remember ... Murphy cares% After you have read this letter I hope to find you ivere sincere in this statement because not only I but a majority of my fellow nei"libors in Laughin- 'Water. are deeply concerned with .the lack of enforcemen* of the Zonin; Code of the 'rormTi of Southold. The most flagrant violator .is one Harold Walters who is operating a junk yard, principally cars 1 and trucla, .on the west side of Diakorais !toad about 300 feet south of BayWater Ave. The property consists of. two lots, w(1) on which the ►'alters house is located and. ►1(2) the iot, adjoining the house to the north on which the cars and trucks are situated. '11.1e property is zoned Residential. Lot 4t(1) has an exemption for` a portion supposedly .properly screened because. Mr. :`alters lived there prior . to the 2oninb Code. Lot #0j has. no _exemption for it was only acquired a Ecru. years agog M 'alters has been previously cited for violations and ordered by 1ormn Justice Tedeschi to clean up the premises. I-Ie was given a dismissal for coi-ipliance. .This happened a .couple of years ago, now the. place is t:vice as bad as it was previously but the Building Dept. . has not issued another . citation', 1�hat.we want. to know is why? The penal-ies for violation have .been increased still nothing is done. I know your schedule.:is busy but the scene of the violation is less than five minutes from .Town Hall. P.ide over and see for yourself this eyesore in an otheremise well kept residential co i nunity. Bee why we in Laughing hater are embarassed. by it and, even. Wore disconcerting is to know titat the value of our property is being depreciated , by it. This man is literally. thumbing his riose at the 'Tor:n of Southold. and the Toum is doing nothing about it. in Laughing/t.rrc getting tine run-around going. through normal channels.and arc! asking you to personally investigate the inaction *on the part of the Building dept. Speaking of the Building Dept, here is another gripe again in Laughing :;ester. �n Jan. 49 1984 a hearing. was conducted by the Southold. Tmni Boar0 (continues:) Southold Town Board of Appeals -16- November 30, 1983 Regular Meeting PUBLIC HEARING: Appeal No. 3190 . Application of WILLIAM 'BURKHARDT Skidmore, Es 117 Newbrid e Road Hicksville NY 11802, fo by Alfred J. Sk , q , g . a Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to construct accessory storage building in an area other than . . the required rearyard at premises known. as 50. Wabasso Street and 2315 '-Nokomis Road, Southold; County Tax Map Parcel No. 1000-078-03-part of 039 The Chairman opened the hearing at 8:31 o'clock p.m. and read the legal notice of .hearing in its entirety. and appeal application. MR'. CHAIRMAN: . We have a,:copy of a.. survey dated. October 27, 1983 Indicating the placement of. 'the.'.existing gara e. . aP ProximatelY 47'. from Wabasso' Street :and approximately .2.5' �rom._ Nokomis Road; and. I ,have_. a copy of the Suffolk County. Tax' Map_ indicating this property and the surrounding properties in the area. would anybody like to be heard in behalf of this application? WILLIAM BURKHARDT: ' Yes, I'm Mr.. Burkhardt. -. This has to do. with a garage that has been there for as many years as you indicated, and apparently it' s too close to .the road under the new ordinances;. and we would like to put a house in. back of it,. and it . doesn't. make much sense to move the garage. It' s in good condition, and it would be a hardship obviously and a great expense, .and there' s no point to it. It does not . conflict with anything across the street. Across the street is Associa- tion property. It' s. on" part of a corner lot. It' s. really a matter of � matching the house with the garage, and a.. .garage is how it is going to be used. MR. CHAIRMAN: Thank' you." Can I ask you "a couple of questions r-oncerning- the garage? What is the approximate . size of the _garage? MR. BURKHARDT: Twenty-two by 24. MR. CHAIRMAN: We were unable when. we. were down there to look into the garage, not that we normally do--we usually ask you the ques- tion at the hearing. Are there any .sleeping quarters in that garage, _ Mr. Burkhardt? MR. BURKHARDT: No. That' s storage. MR. CHAIRMAN: Storage area. Is there electricity .in the garage? MR. BURKHARDT: Yes. It isn't hooked up at the moment. MR. CHAIRMAN: You intend to use this building as a storage building is that correct? MR. BURKHARDT: Yes. Garage. MR. CHAIRMAN: Would you object to a condition that it not be attached to the house in any way? wY `- Southold Town Board of Appeals -17- November 30, 1983 Regular Meeting (Appeal No. 3.190 - WILLIAM BURKHARDT, continued: ) MR. BURKHARDT: Not at all. I didn't have any plan to attach it. MR. CHAIRMAN: .. I'm just saying in .the near future some people like then to attach it to the house and .then we run into a sideyard problem and then another frontyard problem and so on and so forth. MR. BURKHARDT: I don't know. EIs that important that-- MR. CHAIRMAN: No, "that' s just a question that is normally asked. MR. BURKHARDT: It' s conceivable`°that it would make sense some time n the future to. attach it. I .'don`t;.know what to say. If it' s important that it never be attached, - I .would go along with it, but it might enhance the look of the whole set-up, if they were attached. At the moment, my plan is not to attach it MR. CHAIRMAN: Thank you. Would anybody else like to speak in behalf of the application? (No one).. Anyone wishing to speak against the application? Mr. Burkhardt, do you object to any conditions that the garage remain as a storage building? MR. BURKHARDT: No. , That' s the purpose of it. MR. CHAIRMAN: Thank you. MR. GIFFORD: A few questions, here. My _name is Gifford. I live in Laughing Waters. The existing .structure. we're_ talking 'about is an alleged garage as far as I'm concerned. I find that it' s very unique that a garage has an extension on the back of it which is a screened porch, an outdoor shower, a: .ki'tchen window; it' s„ a well ( ) garage with shutters... I just find .-it 'a unique structure. The other thing is on the plot plan aria information we 'have,;" ,;there. is no well listed and dimension's,;: -there are no sanitary' facilities listed or dimensioned; and if' you 'are allegedly considering putting in another building and the building is to -be inhabited by people. for summer_ rental, as I .understand it--, MR. BURKHARDT: There' s no indication of that. MR. GIFFORD: Well, we've had some indications on this whole-- MR. CHAIRMAN: Excuse me, would you 'just direct the questions this way so that we don't run into _a problem-- MR. GIFFORD: Sorry. We have had three different versions of what' s going to happen on this property, and we really don't-- are not clear of what' s happening, but we are concerned .with a number of things. One is the appearance of the property, appearance of what is going to be put on there as to the appearance of ;the surrounding homes. The only thing is, if properties are adjacent, and they are, to this piece of property, and if another structure is to be added Cand if that structure is to have a C of 0 and to be inhabited, where Southold Town Board of Appeals -18- November 30, 1983 Regular Meeting (Appeal No. 3190 - WILLIAM BURKHARDT, continued: ) MR. GIFFORD continued: is the well; where is the septic tank. Are they existing or are they to be proposed? 'If they are proposed, should they not be -on the plot plan? MR. BURKHARDT: May I say something? rr tip:• MR.. CHAIRMAN: Certainly. MR. BURKHARDT: . We've had all of that information from the County ? -already, *and they have the location .of wells and cesspools. ' °'MR.,` CHAIRMAN Do you have that with you, sir? 1p MR. BURKHARDT-: Well, let me look and see if I do. MR. CHAIRMAN: Did you have any other questions while this gentleman is looking? MR. GIFFORD: Yeah, we.'re concerned--. do you buys mind if I talk? FEW LAUGHING WATERS RESIDENTS: Go right ahead. MR. GIFFORD: We're concerned because there has been some dis- cussion in the neighborhood that the premises, the existing ones, have in fact been inhabited and utilized for a summer bungalow. "' I have ,never been inside the .building. If these stories I here or rumors I here. are correct, -does that imply there was a bathroom in there and a kitchen; if these things are so, then there must be sanitary facilities. If the structure has never been inhabited, then what. I just said is ) , The only thing which is germane to r. ;7. what you are considering' here, �is that if 'there is anything- true to this supposition ' then it 'throws to my mind the whole subject. ' of adding yet another structure to the property into a. different prospective. __.. MR. BURKHARDT: Would you pass this up to Mr. Goehringer? (Mr. Burkhardt passed up the approved copy .of the 9/21/83 survey N from the Health Department, o. 13-SO-173, indicatring the existing and new well and cesspools'.) MR. CHAIRMAN: I' ll reflect on that in a second. Thank you. MR. GIFFORD: Sure. MR. CHAIRMAN: Do. you mind if I ask you the questions that this gentleman eluded to.? MR. BURKHARDT: Not at all. I wish you would. I would like to clarify it. t Southold Town Board of Appeals -19- November0, 1983 Regular Meeting l (Appeal No. 3190 - WILLIAM 'BURKHARDT, continued:) MR. CHAIRMAN: It is my discretion not to swear this gentleman in. Does anyone object to that? . (No objection. ) Mr. Burkhardt, are there existing facilities in this existing; structure. now? . MR. BURKHARDT: Kitchen in the sense that there is a sink instead, yes. MR. CHAIRMAN: Is there. a stove? . MR. BURKHARDT: Yes, there' s. a stove MR. CHAIRMAN: Refrigerator? . MR. BURKHARDT: And a refrigerator.. MR. CHAIRMAN: And this gentleman eluded.. to the. fact that there was a bathroom facility, or. bathroom. MR. BURKHARDT: Yes, there is a bathroom. • MR. CHAIRMAN:. . There is a bathroom left2 MR. BURKHARDT: Yes. ...Is. hasn't. been used. for many, . many years. . We have no point in re-using it when we .put the. house up behind there. All the work was done,, predates ordinances that no' longer permit. that, MR. CHAIRMAN: So this property has not. been used by' .yourself as a structure for a certain amount of. time? MR. BURKHARDT: No. Exactly. I.. had other :things. that demanded my interests and I used other property .in' Southold,. that belonged to family. MR. CHAIRMAN: How' long. would you say this property. has not. been used as a habitable unit? MR. BURKHARDT: Perhaps 20 years. It was never habitable,. but roughly, 20 years. MR. CHAIRMAN: Do you think that the facilities that are in there now are usable., or are they inoperable or. what?.. MR. BURKHARDT: I wouldn't. have any idea. They could be made - usable. MR. CHAIRMAN: And there is a well on the premises? MR. BURKHARDT: Yes,. &. a hand pump. MR. . CHAIRMAN: So there are two wells on the premises? CMR. BURKHARDT: Yes. '3 Southold Town Board or Appeals -20- November 30, 1983 Regular Meeting IA (Appeal No. 3190 - WILLIAM BURKHARDT, continued: ) MR. CHAIRMAN: Is there any electric running to this building at this time? .a .f MR. BURKHARDT: No, it' s wired but there' s no -- I had it discon- nected. ;{ MR. CHAIRMAN: I have no further questions. We'll pursue another s line of questioning. Would anybody else like to speak against the application? G. MARINA: I would just like to add to that if I may? MR. CHAIRMAN: Surely. MR. MARINA: In my observations, there is a LILCO meter on the face of the structure facing Nokomis. Road. MR. BURKHARDT: Yes, there is a meter; and as I said, it has been ':= wired and LILCO does not remove the meter apparently when you ask to have it disconnected. It' s a matter of disconnecting it at the pole? I presume. MR. .CHAIRMAN: Please, if you speak would you just state your name? ED FINCK: Can we find out when his last electric bill was? MR. CHAIRMAN: First of all; I. would suggest that if you wanted . to find that out that you could take the meter number off and call .LILCO and they' would give you that information. That is not -the nature of this particular board--the history or the investigation.by this board. . So, that' s all' I can suggest at this time. Anybody else .that �.would like to speak against the application? ' Sir? MR. FINCK: I just have a question— The house that' s being constructed, have the plans for that been approved? MR. CHAIRMAN: Approved by the Building Department? MR. FINCK: The fact that there' s be some conjecture that it' s going to be new. construction and then later on we heard it was going to be a house moved from another location. MR. CHAIRMAN: Mr. . Burkhardt, is this-- MR. BURKHARDT: It' s going to be constructed. MR. CHAIRMAN: Over on this side of the room, anyone wishing to speak against the application? MR. BURKHARDT: Excuse me, can I say .something? MR. CHAIRMAN: Surely. Southold Town Board of Appeals -21- November 30, 1983 Regular Meeting (Appeal No. 3190 - WILLIAM BURKHARDT, continued: ) MR. BURKHARDT: If this man, if I .can address myself to the specific question of what he' s leading to .in asking about the ill I'd be ha to-- q g g b PPY MR. CHAIRMAN: Let him go over this plan and-- ';..;. .<..,. MR. BURKHARDT: . No mean the part of the electricity. I don't know what he was suggesting by long has it been since I've received an electric bill. I don't know what his point was. .. MR. FINCK: ' Well, if .you paid the electric bill, it means the place was occupied. MR. BURKHARDT Yes, well, electricity. was used. I 've admitted that. I said that was' 20 years ago. MR. FINCK: Twenty years ago? MR. BURKHARDT: Roughly. MR. CHAIRMAN: All right, -on this side of the room? _ MR. GAYNOR: My name is Gaynor and I 'm a resident of the Laughing Waters area. There are several :items. Even though it' s prior to years of having ( ) to the local area, the garage building (statement unclear due to background noises) . Apparently not used. as a garage or living quarters or for storage; therefore, i.t is not compatible with the area, C in Laughing Waters. Second of all, he has a structure also, if you call it a structure-- MR. FINCK: Shed. MR. GAYNOR: ..:Shed. . :Looks like ,the. body: of .an old truck. ; ;.. MR. BURKHARDT: 3t' s a shed. - MR. GAYNOR: There' s another one behind that. We're. wondering ' what he' s going to do with that. MR. BURKHARDT: May I- answer that. immediately? MR. GAYNOR: I 'm not done. MR. BURKHARDT: I 'm sorry. - MR. GAYNOR: Up till now we can't touch it because it precedes - whatever happened, years ago, and there' s. nothing we can do about it; but if he ' s going to put something on there now ---is he going to use that structure; is he going to make it look better? Will it enhance the property?. The way it is now, we wouldn 't be in favor of it. We object to it very strongly. CMR. CHAIRMAN: Thank you, Mr. Gaynor. Mr. Burkhardt? ... .Southold Town Board of Appeals -227 November 30, 1983 Regular Meeting (Appeal No. 3.190 - WILLIAM BURKHARDT, continued: ) MR. BURKHARDT: The shed will be going. They were there at the outset, and they're right where the house is going. After the sheds are gone, we have no need for them. There ' s a beautiful garage that Mr. Gifford describes so well by saying it has a picture window which is nothing more than a 2 ' by 3' piece of plate glass. And you gentleman 1can see how palatial the garage -is by. going to take a ride and look at the out buildings are going and they're in the way of the new construction. And if I may continue, there' s nothing going to be done that is not going to upgrade .the property. That' s my only intention. These people have no concern about anything being done to depreciate property .values in general or specifically. All I'm trying to 'do is add a house to an existing garage which predates zoning ordinances. MR CHAIRMAN: Thank you.* Mr. Gaynor, - basically some of' your concerns is what I asked' Mr.. Burkhardt in the beginning of this hear- ing; and that was, would you object to a restriction on this as just being a storage building, which would mean if there were any utilities in there, he would basically have to take those out. It has to remain as a storage structure. That is different however than if he attached it to his house, and that was the . purpose of my other question,' you know, would he be attaching it to the house_--would he object to that restriction, because then you could encompass that particular area that is now storage and encroach upon that and make it habitable area. Do you understand that? . MR: GAYNOR: I understand-that.:-:What I can' t understand is that he' s putting a new- residence up. ` : I still don't. know if it.' s a :CJ new residence or a present: residence being moved over? MR. BURKHARDT: New residence. MR. -GAYNOR: : ::Why. would he --he.. :would actually have two residences there on one piece of property? We're using the first one -- I. know what you're saying--the electricity, water, . he has all the makings or all the materials and utilities there to have the residence, and now he' s putting another one. Why would he have two. of them'. unless he used one for storage and the other. one actual living quarters? MR. CHAIRMAN: Well, we're seeking to suggest to him that he take that out as the part of this application if this board does grant it, ok? So I can assure you .that any decision, if we do render a decision in the favorable sense, that it will be rendered with some very strict restrictions-- MR. BURKHARDT: May I say something again. , Last year around this time you granted me the minor subdivision, - and at that time you specified in your variance that it not be used for anything but a garage, or words to that effect. It' s, a restriction in the variance which encompassed dividing --making the minor subdivision. MR. CHAIRMAN: That' s correct. MR. BURKHARDT: It' s already covered. Y "Southold Town Board of Appeals -23- November 30, 1983 Regular Meeting (Appeal No. 3190 = 'WILLIAM 'BURKHARDT,..continued: ) MR. CHAIRMAN: Any other: questions, Mr. Gaynor? (None) MR. CHAIRMAN: I hope that answers your question. MR. GAYNOR: It does. MR. CHAIRMAN: _,Really; :there are two things I don't want. Number one, I don't want anybody to walk out of this room and have any heart problems tonight because we 've had that problem also. Number two, I would really rather see neighbors work .things out than have animosity - ? among neighbors. And I will .say this. ,Everybody has been extremely courteous tonight ~and I and the board appreciates that, and that' s the way things get done. MR. BURKHARDT: May I say something? Apparently, the. wording in the newspaper was a little bit too technical or something that could not be understand by someone who had not been briefed on the situation. " . . .Permission to construct accessory storage. . . . " This is what con- fused, I believe, many of these people and that they thought something was going to be constructed as an accessory building to the existing garage rather than what actually is the case that we're creating per- mission to use the garage in a position where it is not normally used. MR. GAYNOR: That wasn't really the confusing part. One of the neighbors adjacent to him, .not Mr. Wood, Mr. Bourgesson who happens not to be here and is in Florida,. had spoken to him and he told him he was moving an existing building from another area onto the land that is presently there. Now once you read that and get ,a story of that one plus you've got a set of spec' s here that tells an altogether different story -- we've gotten three different versions, .and that is what caused the confusion. One of .them has to be correct and that' s .why we 're here tonight. MR. CHAIRMAN: Can I just go over to the gentleman next to .you--. did you have a question, sir; a moment ago? MR. RUSLING WOOD: Me, sir? I had just exactly what Mr. Burk- hardt said, "confusion. " Absolutely. MR. CHAIRMAN: What' s your name, sir? MR. WOOD: Rusling Wood. I 'm his next door neighbor. MR. MALINO: I just wanted to know if this building or addition will be at any time used as any kind of a business? A. wa_rehouse? Or any kind of a business? MR. CHAIRMAN: Not so far as this board is concerned. CMR. BURKHARDT: And not so far as the owner is concerned. MR. LESSARD: Or the building department. ; ` . Southold Town Board of Appeals -24- November 30, 1983 Regular Meeting (Appeal No. 3190 - WILLIAM BURKHARDT, continued: ) MR. CHAIRMAN: Oh, I'm glad your still there-- MR. LESSARD: I've been listening here, and-- MR. CHAIRMAN: I was eluding to the fact that there were nights when Mr. Lessard was a little more linquistically oriented. . (jokingly) MR. LESSARD: If you want me to try and put everyone' s mind at ease, 'I will. The laws are very definite on the three problems you brought ,up. Number one, he will not build a new house until he gets -; the ok from the Health Department 'that he has on. the survey; Number. two,. there will be only one habitable building on that property. .. j,_ ; :_. Should down the' road he decide to buy a building a move it on that , .property, he will have to 'meet ' the requirements of a new building. o whatever happens .when -wise, energy-wise, the .whole thing. SSpace he gets done there is going to be a new house there, if_ he chooses to build on it. Again, the minute he wants to build a new house or whatever, all utilities that would indicate more than one dwelling that could be habitable would be removed, ---or he will not- get his . C.O. or permit. So anything other than that you want to explain, I 1: can certainly put. your mind at ease in a hurry on it. MR. CHAIRMAN: ' Thank you. Anyone else like to speak for or r;.a against the application? MR. BURKHARDT: One final thing:" ' I could have spoken to more than one neighbor. I spoke to _one neighbor, and I could have spoken to more and perhaps clarify this. -'�I did not. I did not see. the necessity for it, and perhaps I was mistaken by not taking everybody into account, sort of. speak; but I can see where they're concerned about their property values and what I'm going to do there, and it speaks- well for my 'community to own. property where people are so._,..:_.; concerned. _ MR. CHAIRMAN: Thank you, Mr. Burkhardt. Heaing no further questions, I' ll make a motion closing the hearing. MEMBER SAWICKI: Second. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close the hearing in the matter of Appeal No. 3190, application of WILLIAM BURKHARDT. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. j, f Our Southold Town'. 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 January 5, 1984 Alfred J. Skidmore, Esq. 117 Newbridge Road Hicksville, NY 11802 Re: Appeal No. 3190 - William Burkhardt Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802) . Yours very truly, GERARD P. GOEHRINGER CH IRMAN Enclosure y Lin a F walski Copy of Decision to Secretary Building Department Mr. William Burkhardt SoutholdTown 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 January 5, 1984 Mr. . William Burkhardt Bayview Road - - Box 388 Southold, NY 11971 Rea Appeal. No. 3190 Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in' writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either our. office (765-1809) or that of the building inspector (765-1802) . Yours very truly, GERARD P. GOEHRINGER C RMAN / , Enclosure inda F. Kowalski Copy of Decision to Secretary Building Department C P+agp 4A Y? �'<✓ "lyT� ;Sf''`,° r.}� � Y�' t r d��t{Tp}�. r ?:`� � N6t1C■ Map Parcel No:1000-51-3-14for a Variance to the Zonm @S 7 45 p m Apphca ion Ordinance Article III,Section .Mr and :; Mrs.- Sauls >;100-32 ':for-;:permission to ra LEGAL NOTICE r :Rosenstreich.:by.:Sy' y Di r,construct.accessor tore a ' NOTIC>r IS ::HEREBY -, ;Pools,_ Inc', Main:� Roe ti� building m an rea other than e GIVEN,pursuant to Section Mattituck;NY for a Variance:? i =the ``required` rea3. rd at 267 of the Town Law and the to the"Zoning Ordinance, 'premises located:along Fox, y Provisions of the;Amended Y'Article'III, Sectioa;100-32 for f Code of the.Town of Southold, ; permission "-`to'`consNY- tructCounty�Tax Maphers IPareesland1 No a Regular Meeting and 'the ,mground swimmin followin g gpool,deck :1 i g public hearings will and fencing-in the frontyard ; " :15 :p.m.. Application of 5 be held y the,Southold Town t r x area of'this parcel known as WILLIAM BURKHARDT, by; Zoning Board of Appeals at 645 Litile-Peconic''Bay Road ?`' ;Alfred J: Skidmore'Esq 117 the Town Hall; Main.Road, , , and. 3700 Haywaters Road, Newbridge Road,:Hicksville, N Southold;:NY on Wednesday,,,,,.,A ? Nassau.Poinf Club Prop Map NY 11802 fora Variance to the ::No 30 1983 806, Lot 417;'Coun Tax Ma �:.'.commencing at 7:3 p m an �`' P ?' Zoning Ordinance;Article III, Parcel No 1000.111-i1-009 Section 100-32 for-peririission ' as follows:. a 7:30 7 50 p m .Application of ! ao construct accessory storage h r p.m.:Application of DILLER, 260 ROBERTA building in an area other than : CEI:IC, Mein �' .Peconic Bay: ,s. oulevard`E the:: required rearyard at; Road, Mattituck; NY for. a ar' v Laurel;':NY:fora'Variance t6:: Yrpiemises ='knows`: as+ 50 � Ordinance,toA tfie- rt cle Z VIII f the Zoning Ordinance,Article� , Wabassot Streetnd 2315j III, Sections 100-32 fore,?. �;:Nokomis;:Road, Southold,£ Sect)on t00-80(C) and 300 x;-permission {o'` construct-"60(��-'fo Y g g County Tax Map Parcel No off-premises directional sign n ��sor stoia a buildin ink 000-078-03-part of 039' g the frontyard area of premises 4 `. 8 20 p.m:Application of MR. { An this "C-Light Industrial"` known'as 260`:Great Peconic AND'.,MR$: RALPH: MER=, Zone at premises Tocated at r Bay Bo ulevard,'Laurel;NY ` RILL;'3300-26th Avenue East,a the South Side Main Road, County,Tax Map Parcel NQ` ';:Estates N27,.Bradenton, Greenport, NY,..-and more 1000,14$-021:6.``' particularly]mown as Count 33508;•for a Variance to the Tax Ma Parcel No. 1000 053- 7:55 p.m Application of The- '� Zoning Ordinance;Article III, STATE OF NEW YORK ) 02-26 Suffolk County National Bank, � Section 100-31, for permission " 7:35 Box_702, Cutchogue, NY"for a F .to reseparate two substandard ) SS: p.m.'Application for Variance -toF'; the , Zoning`` ; s' parcels,each with an existm _-Frances' Satriano and- the t Ordinance Article VII " p dwellin having g COUNTY OFSUFFOLK ) Estate of Michael Satriano,b g, g insufficient Y Section 200-70(C)[21. 'for �J° area and width,and known as.:'s` Dolores Adolph, 763 Norman permission to have second Lots 41 and 42 on Subdivision,:, !..,,'.,-Drive,- North Bellmore;_NY identification"sign on of ' Ma of Laurel`Park Ma rt TTTDTTT4 A C'HTEN of Greenport, in wZ11710, for a Variance to the ' :building facing the parking lot °f ... 212 County Tax Map Parcels said County, being duly sworn,says that he/she is oning"Ordinance,-Article III, (Keyfood-Shopping-Center) at No.1000-127-08-6 and 7 Section 100-31,for permission r,premises known as 31225 Main 825 p.m.. Application for .' Principal Clerk of THE SUFFOLK TIMES a Weekly r.to reseparate twosubstandard x ' j Road,'Cutchogue;;NY;County NORMAN J..MURRAY, by, Newspaper, published at Greenport, in the Town 4`parcels having insufficient Tax Map Parcel No i000.097 = Wickham, Wickham & area width and depth;located p�012 M of Southold, County of Suffolk and State of New at-the west side of.Fiddler. �� Bressler,'.P.C.', Main Road,; Lane, Greenport,NY'-Count •-� :. 8.00 p.m Application of �� Mattituck;NY for a Variance} York,-and that the Notice of which the annexed is P Y Richard Jarzombek,.Osborn to the Zoning ..Ordinance '� f,.Tax Ma Parcels No.1000.36- 4 'Avenue, Baiting.Hollow- NY ' `Article III Section 100-3i for'l? a printed copy, has been regularly published in 2-5 and 6 - 11933 for a Variance-to:the 1 permission to divide Lots 37 ;a one '7:40 p:m. 'Application of. Zoning Ordinance,Article III, P through.40 of Laurel Park said Newspaper once each week for Nick `and Anna Andriotis, Section 100-32.(A) for Subdivision into.two separate P weeks successively, commencing on the�Y�- f,; �'21120 Soundview •-Avenue; permission-, to construct ,;y substandard lots located at the Southold,NY fora Variance to.= -_`accessory windmill exceeding -"Y ; 'east side of Oakwood.Road day of November 19$3_ the Zoning Ordinance;Amide the maximum '_ height '' ,"III, ':Section 100-119 1 for;, re uirement of '18_feet gat r Parcel No 10pa1�,yg.gT�Map permission to''erect' fence y premises known as` 5520 F = 8:30 _p000 27 it 3 exceeding four feet high m the r x C ftt Cl Gfti� frontyard area of premises at NY rCounty Tax Map Parcel' tie Hearing:" Application ;forORA she northwest :corner' of''5 No.1000.027-02-004;`' ? DIMITRIOS PAPAGIANL Principal Clerk '-intersection with Clark Road-� NA&IS, by�D:. Kapell;>400 and . Soundview�,`A enue 8:10 p.m. Application of ,:+. :..Front Street, Greenport; NY" ?:Serge and Janice.R. Doyen, , :. for a Variance to the Zoning; ;Southold, NY; County.Tax' : .:Box 263,Fishers Island, NY: <�:;?'-Ordinance,Article III,Section `i Sworn to before me this 17 th 100-31 to redivide.t.w. o. parcels, Innu a ��nre� r#sv^f -N-6;Vember - 1q 83 �'NOTICE =SOUTHOLD TOWN BOARD: ' COUNTY OF SUFFOLK ss: OF APPEALS STATE OF NEW YORK 1'NOTICE IS.HEREBY,GIV= EN n pursuant to'Sectio 267 of the Town`;Law'.and the.`.Provi- sions of the"Amended Code;of Patricia Wood, being duly sworn, says that she is the the :Town`' of Southold,,`'.a • Regular-,,,M'eting,: and ;the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, ",tollowing public hearings.w., '?' a public newspaper printed at Southold, in Suffolk County; be.held,by'the;Southold:Town,. : Zoning'.Board':of Appeals;d,.,..- and that the notice of which the annexed is a printed copy, the Town_:Hall,.,-Main ;Road, has been published in said Long Island Traveler-Watch- Southold, 'N Y. on.:Wednes ....,..weeks day;_ November ,:30,.,. '19$3, man once each week for ................................. commencing at 3 ph m4 an /7 asfollows. r successively, commencing on the .................................. 7."40 nl n.�Av�licatton .of b other than,the:.require rear day ofWtK!::•..,,.... . 19........ L yard at.premises located along '_Fox Avenue,'`Fishers Island, ............. ••• ••• NY;;County'Tax Map,.Parcel Rio .1 0 006 06 001 is pan. ''Apphcafion of WII.LIAM�BURKHARDT,; bY feed J. Skidmore, Es .",417 ewbridge:Road, .Hicksville, /7 da y f Y.11802 fora Vananc`e to`the Sworn to before me this ................................ y o Zoning.Ordinance; Article III, � ��v �3 :,'ASection: 100-33.fot_perm;scion 19........ d :. :.,cam:-..:•..: :..... ,,.. ... ,... ., ... . , -to construct accesso}y;storage- , 'buildim in an area other thiti, ' ire requited rearyardi;at pre-- , 5L miser known 50 Wabasso � f r� Street •and 5 ;`Nokomis ••• ,,,,,,•,.,,...... Southold•.:,Count Tax .. Y ' Notary Pu is ' �=Ma P steel000=078,03 3r P M. F Part of':039 j:`APPltca4ion of CLEii ENT J.iHopA SON MR AND MRS ItALPH . NOTARY PUBLIC,State of New York �MERRILL, �300 26th Avenue f'lo-52 9321725 East;:;Estates-.#27,;Bradenton,. Residing in Suffolk County Commission Ex ros march 3o, y! FL 33508,'for"a Variance to.the °' - -- '' ,'Zoning Ordinauce;.;Art icle III, ,;'Sectoit,100-31,.f4T permission &reseparate'two SV— standard parcels, each.with an existing :dwelling ::havin =insufficient area-.and width,and,known as .Lots 41.and 42,on Subdivision ;;Map'�of Laurel Park, ,,Map- #212;County;Tax Map Parcels�` N6.. 1000427-.08-6.and'7..:; 8:25; p.m: Application for ;NORMAN;:;J;,;'_MURRAY; -by :';;,Wickham',.Wickham &,'Bress- 1gt; P,C ,.Ivlain;, , Road,_Matti- z ..: ,. tuck'NY..fo.r,a.Viriance to the Zoning;Ordinance,:Article III, Section 109 31;for permission �g, to divide Lots 37 through 40 of., Laurel Par : ubdivision into P se crate ubstindard lots , ._ i iocatedat.,the,;least side-.of Oakwood-Road;':Laurel, NY;- (O �5 Counfy;,Tax,Map..1?ai'cel No. 8:3Q.p.m._Recessed.',Hear- ' 'ing";, Application' for .DIMI-: ":TRIOS.PAPAGIANNAKIS, by'• '.. ,u, Front Street,, p Oreenport,-NY:for a Variance i� the,. Z-ning_'..Ordinance, - Article III, Sect16n'.],00-31.to redivide,; .two parcels,,. ,each � • having 'insufficient area. and 'Width located on the.,west side of Stars,Road, East .Marion, NY; Stars Manor:Subdivision Map #3864,:I:ots.20'and 21; . County.Tax Map Parcels No. r.1000-22-04-001 and 002. . Dated: November.14,•1-983., BY ORDER OF THE `— ,.SOUTHOLD WO YN BOARD OF;APPEALS GERARD-P..GOEHRINGER, 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 November 7, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 3190, application of William Burkhardt for a Variance. Also attached is Notice to Adjacent Property Owners, Letter relative to N.Y.S. Tidal Wetlands Land-Use Regulations, Short Environmental Assessment Form, Notice of Disapproval from the Building Department, Application for a Building Permit, and surveys of the property. Judith T. Terry, �I Southold Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of WILLIAM BURKHARDT NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: Carl P. and Mary C. Boergesson PROPERTY OWNER. Laughing Water Southold , N. Y. 11971 YOU ARE HEREBY GIVEN NOTICE: 1. Th it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request Vananc (Special Exception) (Special Permit) (Other) [circle choice] for erection of a single family residence ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: being a parcel 26417 sq. ft. at 50 Wabasso Street and 2315 Nokomis Road, Southold, being situated at the South East corner of the intersection of said streets . 3. That the property which is the subject of such Petition is located in the following zoning district: Zone A Residential/Agricultural 4. That by such Petition, the undersigned will request the following relief: Permission to erect a 43 ' x 25 ' , 1 story frame, single family bungalow, to the lot adjacent to the existing garage , have a front yard set back on Wabasso Street of 47 ft. and a front yyard set back on Nokomis Rd. of 25 ft. , that being the current set back to the existing gqaragqe. 5. That the provisions of the SouthoTd Town Zoning Code applicable to the relief sought by the under- signed are Article , XII Section 100-121 (B) 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the:date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices;that you or your representative have the right to appear and be heard at such hearing. Dated: November 7 , 1983 Petitioner William Burkhardt Post Office Address P.O. Box 388 Bayview Road Southold, N. Y. 11971 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Rusling Wood, Jr. and 53 Cambridge Rd. , Montclair, N. J. 07000 Dorothy. A. Wood & 290 Wabasso Street, Southold, N. Y. 11971 Carl P. Boergesson and Laughing Water, Southold, N. Y.. 11971 Mary C. Boergesson STATE OF NEW YORK ) ss.: COUNTY OF C) NASSAU Betty McKeon , residing at 74 Hill Lane, Levittown, N. Y. 11756 , being duly sworn, deposes and says that on the day of November , 19 83 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Hicksville, N. Y. ; that said Notices were mailed to each of said persons by (certified)' (registee mail. Bet McKeon Sworn to b re me this day of o. , 19 83 Notar ublic ALFRED J. SKIDMORE NOTARY PUBLIC;STATE OF NNW YORK No.So-3695250 OUALIpIRD IN NABYAU COUNTY itEG1.10 RXISIRED MARCH SO.'19�' P 390 481 073 RECEIPT FOR CERTIFIED MAIL NO INSUPk:r;;COVERAGE PROVIDED— NOT FGh iWERNATIONAL MAIL - -- -- (See Reverse) Sent to P 390 481 071 St & M Street end No. RECEIPT FOR CERTIFIED MAIL Lau hin Water P.O.,State and ZIP Code NQ INSUHANCE COVERAGE PROVIDED— Southold N. Y. 119 J NOT FOR INTERNATIONAL MAIL Postage (See Reverse) 'Sent R. & D. Wood' Certified Fee rid No. 390 481 072 I_ tlCwabridge Rd . _ - ------- --- — —_ Spacial Delivery Foe 1ECEyPT FOR CER'f9FlECJ MAIL', P.O.,State and ZIP Code Restricted Delivery Fee Montclair, N.J. 0700 NO INSUHANCE COVERAGE PROVIDED— - Return Receipt Showing NOT FOR INTERNATIONAL MAIL Pustage $ Cf to whom and Dato Delivered "- -` - ----'------ r ReturnReceqptShow)nc�owiwtm--i - (See Reverse) Curtltieu Fee c-t Data and Address,ni Delivery . nt to — - --- - -- - - - -- I J cc R. & D. Wood Special Delivery Fee TOTAL Postagsand Fees $ rent and No. - R - -----— -- d 290 Wabasso Street w Postmark or pate _ ostnctad Delivery Fee �.,State and ZIP Code - ---- - -- --- -- - Southold, N._Y._119 1 "rtIurn riucorptShowing _ and Data Delivered stage $ ,�� k,:L,rr:HuCeipt Showni�t.q.Whum, - -------'---_._.......-- - - -"----- "I f)"B! ,,n:t Aadr(:s$-dDaljvery.,• .a :rtitiod Foe _i o� r OTHt. Post/IVe and��,. � e-? acial Delivery Fee ly Postn)mrk of pate i ,strictea Delivery Foe00 )turn fiecu)pt Showing.-..--- 1 ;: `�,':!t - whom and Date Delivered :urn Rece,pt Showing towhom. :te.aria Address of Dekerr Imo- 1}1 jTAL Posts 'pfand Pert_ $ 7 / ,stmarK o Dar i TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ......... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (VXQx....William I Burkhardt ... Box 3881 BaXview Road Name of Appellant of Street and Number Southold ............ N. Y• HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 9/26/83 FOR: Location of; single family residence from another location for summer residency. WHEREBY THE BUILDING INSPECTOR DENIED TO William Burkhardt ................................................................................. Name of Applicant for permit of # �YV.�,eW..R4?ad Southold, New York................ �. ...... .... .. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x ) PERMIT TO BUILD I. LOCATION OF THE PROPERTY ...50 Wabasso St. & 2315 Nokomis Rd. , Southold .... ...... Street and Hamlet Zone 1000 S.078 B. 03 L. P/03 9 OWNER (S) : Will .am.j3uzk73axdt. . . . . . . ................................................................................. Mop No. Lot No. 1950 DATEPURCHASED: . . .. . . . . . . . . . .. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance,) Article III , Section 100-32 3. TYPE OF APPEAL Appeal is made herewith for (x ) A VARIANCE to the Zoning Ordinance or Zoning.Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (#ass (hsy at) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( request for 'a variance and was made in Appeal No. .............Z.01.1........Dated ..........I.r� ��a ;..................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X ) A Variance to the Zoning Ordinance is requested for the reason that we would like to Form Zs1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the parcel has been held in single and separate ownership since 1950 on whom was constructed a garage. Thereafter, the amendment of Ordinance Article III, Section 100-31 in 1973 rendered the parcel too small on which to constructea residence, and the. premises thereby have been rendered valueless unless the application is granted . 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in. this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed location of the single family residence adjacent to the existing garage will conform to the existing pattern of the neighborhood, and, indeed, will improve the parcel in value and enhance its general appearance, and that of the neighborhood. 0 STATE OF NEW YORK ) sS COUNTY OF NASSAU ) ature Williamn Burkhardt Sworn to this .............. ...... day of.........i`?oyember............................ 19 83 . '-. ......... ..........4�4... .. ........... N tary Public ALFRED J. SKIDMORE NOTARY PUBLIC;13TAT90F N6W Yon., No.so-aeaeago OUALIPIRD IN WAGISAU COUNTY CSfSitMICf3I09! 4IXF°IRHB MARCH 30.19Q - TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL N01,15M DATE .:..l 117183......... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ..t"�illiam..Burkhardt....................of ....Box„388,...Aayview Road ................. Name of Appellant Street and Number Southold ...................................................................... .N'.. Y ............................................................................................. APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 9/26/83 FOR: Location of single family residence from another location for summer residency. WHEREBY THE BUILDING INSPECTOR DENIED TO William Burkhardt ................................................................................. Name of Applicant for permit of B.94. 3$$.�... �Yv. ,eW.. Aad...........................................................Southold, New York..... .... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X ) PERMIT TO BUILD 1. LOCATION OF .THE PROPERTY ..,50 Wabasso St. & 2315 Nokomis Rd . , Southold .......... ................................ Street and Hamlet Zone 1000 8.078 B. 03 L. P/03 9 OWNER(S) .................................................................. Map No. Lot No. 1950 DATE PURCHASED: . . . 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III , Section 100-32 3. TYPE OF APPEAL Appeal is made herewith for (X ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (#eO (hb�t) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) renuest for a special permit ( request for a variance and was made in Appeal No. ...... .�..�.`...............Dated ............I....a .a` ........... '... ..................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X ) A Variance to the Zoning Ordinance is requested for the reason that we would like to Foi,n ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE. would produce practical difficulties or unneces- sary HARDSHIP because the parcel has been held in single and separate ownership since 1950 on whom was constructed a garage. Thereafter, the amendment of Ordinance Article III, Section 100-31 in 1973 rendered the parcel too small on which to construct a residence, and the premises thereby have been rendered valueless unless the application is granted . 2. The hardship created is UNIQUE and.is not shared by all properties alike in the immediate vicinity of this property 'and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed location of the single family residence adjacent to the existing garage will conform to the existing pattern of the neighborhood, and, indeed, will improve the parcel in value and enhance its general appearance, and that of the neighborhood. STATE OF NEW YORK ss .. ........................ ........................................ COUNTY OF NASSAU ) Signature William Burkhardt Sworn to this ..................... �,.............. day of.........Noyember............................ 19 83. ......... ...�.... ............................ otary Public ALF ED J. SKIDMORE NOTARY PUBLIC;ST-11 of Ntw Yon., No.so•s69e250 QUAUPItD 1/1 NAifAU COUNTV �YYItt10M LX�IRU MARCH 30.19r+t FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined . . . . . . . . . . . . . . . .. 19 . . . Received . . . . . . . . . . . 1 9 . • . Approved . . . . . . . . . . . . . . . .. 19 . . . Permit No. . . . . . . . . . . . Disapproved a/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Building Inspector) APPLICATION FOR BUILDING PERMIT Date . ,September 8, 19 83 INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector,with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. _%X. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary i pectin s. (Signature of applicant, or name, if a corporation) William Burkhardt P.O Box 388 . . , , • • „ • . . . . . . . . . Southold dress o applicant)Y. 11971 State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. . . . . . . . . . . . . . .Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of owner of premises . ... William• Burkhardt• . . . . , . . . . . • . . . • (as on the tax roll or latest deed). -If applicant is a corporation, signature of duly authorized officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ (Name and title of corporate officer) Builder's License No. . . . . . . . . . . . . . . . . . . . . . . . . . Plumber's License No. ' � �� a e Electrician's License No. d. ��. . Other Trade's License No. j Z!;(S 1. Location of land on which proposed work will be done. . Intersection of. Nokomis. Road and . . . • . . a . Wabasso Street , South—East Corner. , . S.outho.ld . . . . . . . . . . • . . • . . . . , , . • • . . . . . . , . . . . . . . . . . . . . . . . . House Number Street Hamlet County Tax Map No. 1000 Section . . -O?� . • . . Block . . . 03. . . . . . . . . . . . . Lot . R/.03 9- Minor Subdivision . . .W].1.liam aurkhardt. . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . Lot . .2. . . . . . . . . . . . (Name) I . 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . . . . . . .Garage and Storage . . . . _ . . . b. Intended use and occupancy . Location of single family residence from ;another , , , , . • , location for Summer residency. b' r 3. Nature of work (check which applicable): New Building . . . . . . . . . . Addition . . . . . . . . . . Alteration . Repair . . . . . . . . . . . . . . Removal . . . ° . . . . . . Demolition . . . . . . . . . . . . . . Other Work . . .MQpng, , , , house from another location on to the lot (Description) 4. Estimated Cost . . . . .$. . 5.,.000 00 . . . . . . . . . . . . . . . . . . . . Fee .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (to be paid on filing this application) S. If dwelling,number of dwelling units . . .Qne, , , . . , , , , Number of dwelling units on each floor . . . . . . . ... . . . . . . . Ifgarage, number of cars . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use . . . . . . . . . . . . . . . . . . . . . 7. Dimensions of existing structures, if any: Front . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . . Height . . . . . . . . . . . . . . . Number of Stories . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dimensions.of same structure with alterations or additions: Front . . . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . . . . . . . . . Height . . . . . . . . . . . . . : . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . . . . . . 8. Dimensions of entire new construction: Front . . . . .4.5 . • . . . . . Rear . . . 45 . . . . . . . . . Depth . . .26. . . . . . . . . . Height . . . . 16 ! . . . . . . . Number of Stories . . . . one. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Size of lot: Front . . . .114. . . . . . . . . . . . . . . Rear . . . . 13.E . . . . . . . . . . . . . . Depth ,16. . . . . . . . . . . . . . . . 10. Date of Purchase . . . . . . . .195P. . . . . . . . . . . . . . . Name of Former Owner . . . . . . • • • • • • • • . 11. :Zone or use district in which premises are situated . . . . . . . .A '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. Does proposed construction violate any zoning law, ordinance or regulation: . . . . no . . . . . . . . . . . . . . . . . . . . . . . . . 13. Will lot be regraded . . . . . 110 . . . . . . . . . . . . . . . . . . . .Will excess fill be removed from premises: Yes lX 14. Name of Owner of premises Wm. . Burkhardt. . . . Address .$px .3 W. Southoldhone No. . . . . . . . . . . . . . . . Name of Architect . . . . . . . . . . . . . . . . . . . . . . . . . . .Address . . . . . . . . . . . . . . . . . . . Phone No. . . . . . . . . . . . . . . . Name of Contractor . .. . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . .Phone No. . . . . . . . . . . . . . . . i PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and,indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. �P0.1( AdIv ._ .,.. .. .. ... nit p VP C/ QYt r 49 1 « TV _ STATE OF NEW YORK, S.S COUNTY OF . . . .9AS5AU. . . . . . . . . . . . . . . . . William, Burkh ardt. . . . . . . , , , , , being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. Heis the . . . . . . .Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . (Contractor, agent, corporate officer; etc.) F. ;r, r of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before methis . . . . . . .�P��. . . . . . . .day of /dSim-- Notary Public, . . . . . . . �: l. . .y� .\. . . . . County of Mew ,.;� P ,•� � .. William Burkhardt o. 3o-3695250 (Signature of applicant) died In P4assau County q.s� Iremmksi on F 01?+s p a;ch 30.1Y 9 November , 1983 (Today ' s Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re : Appeal Application of William Burkhardt Location of Property: 50 Wabasso Street and 2315 Nokomis Road Southold, N. Y. Dear Sirs : In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York - State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one boat) / r• [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length. * [ ] May be 'located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs , and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands ; and there is no bulkhead or concrete wall existing on the premises. - [ x ] Is not located within. 300 feet of tidal wetlands . to the best of my knowledge. * [Starred items ' (*) indicate your property does not appear to fall within the jurisdiction of the N .Y.S . D.E.C. ]' Sincerely yours, Signature please) NOTE: If proposed project falls within D.E.C. jurisdiction, approval must be received and submitted to our office before your application can be scheduled for a public hearing. SHORT ENVIRONMITAL ASSESSMENT FORM INSTRUCTIONS: (a) in order to answer the questions in this short EAF is 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 necessaz^y. (c) If all questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment ' 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? . . . . . .. . . . . . Yes X No 2. Will there be a major change to any unique or unusual land form found on the site? . . Yes �. No 3• Will project alter or have a large effect on an existing body of water? Yes No 4. Will project have a potentially large impact, on groundwater quality? . . . . . . . . . . . . Yes X No 5. Will project significantly effect drainage flow on adjacent sites? Yes X No 6. Will project affect any threatened or endangered plant or animal species? . . . . . . , Yes X No 7. Will project result in a major adverse effect on air quality? . . . . . . . . . . . . Yes X No 8. Will project have a major effect on visual char— acter of the community or scenic views or vistas X known to be important to the community..? Yes No 9. Will project adversely impact any site or struct— ure of historic, pre—historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . Yes X No 10. Will project have a major effect on existing or future recreational opportunities? Yes X No 11. Will project result- in major traffic problems or cause a major effect to existing transportation systems? . Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb— ance as a result of the project's operation? . Yes X No 13• Will project have any impact on public health or safety'? Yes X No 1L. Will project affect the existing community by directly causing a growth in permanent popula— tion of *more than 5 percent over a one—year period or have a major negative effect on the X character of the community sr neighborhood? . Yes No 15. Is there p lic controver concerning the project? Yes y No PREPARER'S SIGNATURE: j LE: Owner REPRESENTING: Self DATE: November ; 1983 9/1/78 Tg S'T r1OLE LSUFFOLK GO, HiTALTH. DEFT. } - - _A QR.>aVAr.. Ft1fL ZO►i.r`T$�iKTi r 'FIJ4AL APPaOVAL- W ALL _ -- ••-- — -"-" .` 1T( ` l.�.f i r� 6,t_;� _. _. _.. ;,� t Z3 `1 e ajJ e,:+! 1Tatf:t u'�V..1t'til �1+. �.. - I yam. ,. O ._ - L��-7 Y !^ter�.M.' f S\__•_...r` �L.'�� -TN IT e O !I _. 8. 10 S 49 7Q to Ail , tv„ i �' I �_ _ .'� . j ' j I j st)P TAY..ty sty , 114 r L):.t r1:.'_.�. �_ � � L o C A T 1 4? — - 7kf1 WATELZ 6UPPL*l(. .'Al4P SFWO' C -A1.5P.06Ac. !N jt ,� sy5TEh95 you 'sotsESiDt�CE �ui�:i cvuFats►�# m IV TO 'SUFFOLV CG: N�^Ai7'N DAP T'. 5T>AtlPA S.... _ _ TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STAlt J �__,—._ __ ! LDUCATIONLAW. f✓ '"'a I $� D / COPIES OF THIS SURVtt MAP nVt aEAe . I .• - - 1 f 1 / LME LAND SURVEYOR'S INKED SEAL C. :'•. '!rS`[' MULE ( - , .ct- l V G✓+�^ /// INABOSSED SEAL SHALL MDT U CONSlDke• • � - _ ��g �.�� -- - . � e ff' ___-_�_____...._.. .�.. � ... �_. 10 6E A VALID TG'�S CG?-t. tj ! t'- --�""�6UA#AffFEfS?,0CAT D HEREON SHAW e.•. - .1 i..".. '4'-1•�C:.'.- L-�",4LF rL'T"l�,dt:,_�'��;f'1_,., � {'��:��.�,.'�`�'�.�.t��1,,L,YONLY TO THE PE?.5ON FOR WHOM THE,$; +�•. •-t—l•— I IS PREPARED,.AND ON HIS BEHALF TO T"• JITLE COMPANY,GOVERNMENTAL AGEP0C LENDING INSTITUTION LISTED HEREOh, +• NJ THE ASSIGNEES OF THE LENDING IP4i . I UTION;GUARANTEES ARE NOT TRA.Msf