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HomeMy WebLinkAbout3722 ' r . FULA-��G - - rp�o Southold Town. Board of Appeals MAIN 'ROAD - STATE. ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3722 ApplicationDated March 24 , 1988 TO: Patricia C. Moore , Esq . [Appellant (s) I Moore & Moore as Attorneys for 'MANFRED E. KUERNER Main Road., Box 23 Mattituck , NY . 11952 At a Meeting of the. Zoning Board of Appeals held on May 12 , 19881, 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 [X] Request for Variancesto the Zoning Ordinance Article III , Section 100-31 , Bulk Schedule , and Article XI , Section .100- 1.19. 2B [ ] Request for Application for MANFRED KUERNER for Variances to the Zoning Ordinance , Article XI , Section 100- 119. 2 , and Article III , Section 100-31 , Bulk Schedule , for permission to extend garage an additional two feet from that previously granted under Appl . No . 3706 and to construct additional living area at rear of dwelling with reduction of nonconforming sideyard at the north and south sides , insufficient total sideyards , excessive lot coverage , and within 75 feet. of bulkhead along high.water of "Old Cove" [a/k/a Arshamomaque Pond] . Location of Property: East Side of Carole Road , Southold , NY; County. Tax ,Map .Pa..r.ce.1. No .. ..1000-.52-.2-.3 . WHEREAS , a public hearing was held and concluded on April 14 , 1988 in the: Matter of the Application of MANFRED KUERNER-under Appl . No . 3706 ; and .. WHEREAS , at said hearing all those who desired to be heard were heard and their testimony recorded ; and WHEREAS , the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS , the Board Members have personally viewed and are familiar .with the premises in question , its present zoning , and the -surrounding areas ; and WHEREAS , the Board made the following findings of fact : 1 . The premises in question is shown on the survey mapped April 3 , 1981 by Roderick VanTuyl , P . C . to have a lot width of 50 ..0 feet (along the east side of Carole Road ) , .and lot depth of 100 feet , for a total of 5 ,000 sq . ft . 2 . The subject premises is located in the "A" Residential and Agricultural Zoning District , is identified on the Suffolk County Tax Maps as District 1000 , Section 52 , Block 2 , Lot 3 , and is improved with a single-family , one-story dwelling as shown ' by copy of survey mapped April 3 , 1981 , by Roderick Van- Tuyl , P . C . to be set back 24± feet from Carole Road , 25± feet from the existing bulkhead , 52± feet from the most northeasterly sideyard , and ll ± feet from the most northwesterly 'sideyard , CONTINUED ON PAGE TWO) DATED: May 12 , 1988 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appl . No . 3722 Matter of MANFRED E . KUERNER Decision Rendered May 12 , 1988 and 16± feet from the southerly sideyard (at its closest point) . 3 . By this application , appellant requests the following relief to construct two separate additions : (a ) for a 5 ' ft. x 28 ft . addition at the rear of existing dwelling with a reduction of the present nonconforming setback from the bulkhead at not less than 17 feet and from the north- erly sideyard at its closest point .at n.ot less than 4 ' 5" ; (b) for a 12 ' x 22 ' .garage addition , increasing the size 'by an--- addi. tional two feet from that previously granted under Appl . No . 3706 on February 2 , 1988 , leaving an insuffi - cient southerly sideyard. setback at four feet at its closest point and ins_u_fficient total sideyards at 9 (or 92) feet; (c ) lot coverage total of 1132 square feet; (d ) increased height of garage addition not to exceed . 15 feet , rather than the 12 .ft. height limited under prior .Appeal No . ' 3706 . 4 . Article III , Section 100-31 , Bulk Schedule of the Zoning Code requires minimum sideyards at 10 and 15 feet , for a total of not less than 25 feet for _.both sideyards , and- maximum lot cover- age .at 20 .percent . 5 . Article XI , Section 100-119. 2 (B) requires all buildings and structures.- located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back. not less than seventy-five (7.5 ) .feet from the ordinary highwater mark of such tidal water body , or not less than seventy-five (75 ) feet from the landward edge of the _tidal` wetland , whichever is the greater distance . 6 . For the record it is noted that under prior Appeal No . 37.06 , action has been taken concerning both the rearyard addition and the garage addition rendered. February 2 , 1988 , presently under c_onsi_deration with modifications . 7 . The Courts have he.ld that the area setback variance must meet - the "practical difficulties" standard , considering at least the following : (a ) the relief requested is not substantial in _relation to the requirements ; (b) the project as proposed is not out of character with the neighborhood ; (c ) the circumstances of the property are unique and are not personal in nature ; (d ) the variance will not in turn be .adverse to the safety , health , comfort , convenience or order of the town ; (e ) the variance shall be the minimal necessary ; (f) there is no other method feasible for appellant to pursue other than a variance. 8. The percentages of rel.ief requested by this applica- tion are substantial in relation to the current zoning requirements . 9 . In considering this application , the Board also finds and determines : (a ) the setbacks of the existing dwellings are presently nonconforming , including the applicant ' s dwelling ; Page 3 Appl . No. 3722 Matter of MANFRED E . KUERNER Decision Rendered May 12 , 1988 (b) the difficulties claimed are unique to the property , particularly due to its nonconforming size ; (c ) the immediate area does consist of other lots with similar situations ; however , the setbacks of the two neighbor- ing properties from their existing bulkheads to the dwellings are at 23 feet and 30 . 7 feet [now Stewart and Hribok] , and the premises further north [now of Smulcheski ] having a setback from the bulkhead at 26 . 5± feet. The closest setback from the bulkhead wa,s found to be that of Ippolito , four lots to the north of the subject premises , at 17 .feet ; (d ) the area consists of dwellings with nonconforming sideyards , ranging from 5 . 5 feet , and greater ; (e ) the grant of the relief requested for the easterly rear addition is out of character with the area and will create further nonconformities , adverse to the spirit and intent of the zoning ordinance ; (f) there is no other method feasible for appellants to pursue other than a variance , except for a second-story addition ; (g ) the relief requested as to the easterly [rear] yard and northerly side yard setbacks are not the minimal necessary; (h ) the "practical difficulties" test has not been sufficiently satisfied as required by law to permit the entire relief requested by this application ; (i ) in considering this application , the interests of justice will be served by granting the easterly [rear] addition as applied , granting an increase in the limited height of the 10 ft . by 22 ft . garage addition from 12 feet to 15 feet high , _and denying the further reduction requested for the garage additi,on , and as further noted below . Accordingly , on motion by Mr. Douglass , seconded by Mr . Goehringer_,_ it was RESOLVED , to GRANT the following new construction in the Ma_tter . of the Application of MANFRED E . KUERNER under. _ Appl . . No . 3722 ; .'SUBJECT TO 'CONDITIONS NO. 15 25 3 , and ,_4 .RENDERED UNDER APPEAL NO. 3706 FEBRUARY 2 , 1988 : 1 . Rearyard. addition of a size 5 ft. by 28 ft. with setbacks of not less than .17 feet from the existing bulkhead , and not less than 4' 5" from the northerly sideyard , as applied ; 2 . Maximum height at one-story up to 15 feet (instead of 12 ft. ) for the 1.0 ft . by 2.2 ft . garage addition , as applied , and with a continuously unobstructed and open six-ft . setback from the southerly sideyard ; 3. Lot coverage in excess of 20% [if any] of the total Appl . No . 3722 if MANFRED E . KUERNER . on Rendered May 12 , 1988 lot area , for the new construction noted in Conditions #1 and #2 hereof. Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis and Douglass . (Member Sawicki was absent . ) This resolution was duly adopted . lk GERARD P . GOEHRINGER , C AIRMAN May 1 9 ,_ 1988 ECEIVED AND FILED BY THE.? SOUTHOLD TOW14 CLLRK DATE .S/� ��� HOUR /U.'3c, r� Town Clerk, Town of Southold NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN , pursuant to Section 267 of the Town Law and the Code of the Town of Southold , the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall , Main Road , Southold , New York , on THURSDAY , APRIL 14 , 1988 at the follow- ing times : 7 : 30 p .m . Appl . No . 3719 - SOUTHOLD SAVINGS BANK. Variance to the Zoning Ordinance , Article VI , Section 100- 60 (C ) [2] (a ) for permission to erect an on=premises building identification sign , the lower edge of which will be less than four feet above ground . Location of Property : 1400 Railroad (Youngs ) Avenue , Southold , NY ; County Tax Map Parcel Nos . 1000-60-2- 10 . 4 (prev . 10 . 2 & 10 . 3 ) . 7 : 35 p .m . Appl . No . 3716 - ROBERT E . WALDRON , JR . Variance to the Zoning Ordinance , Article XI , Section 100- 119 . 2 for permission to construct deck addition at rear of existing dwelling which is less than 75 feet from the mean highwater mark along dredged canal at James Creek , Mattituck. Location of Property : 2980 Ole Jule Lane , Mattituck , NY ; County Tax Map Parcel No . 1000- 122-4-17 . 7 : 40 p .m. Appl . No . .3575 - ROSA J . HODGSON . Variances to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of the insufficient area and width of parcel to be set-off in this pending division of land . Location of Property : North Side of Pine Neck Road , Southold , NY ; County Tax Map Parcel No . 1000-70-6-33 . Containing 7 . 152 acres total . 7 : 50 p .m . Appl . No . 3707 - JOSEPH F. CITARDI . Variances to the Zoning Ordinance , Articles : (a ) XI , Section 100- 119. 2 as to insufficient setback from bank or bluff along the Long Island Sound , and (b) III , Section 100- 31 , Bulk Schedule , as to insufficient f.rontyard setback from the front [southerly] property line along C . R . 48 , in this proposal to construct new single-family dwelling . Location of Property : 56225 C . R. 48 , Greenport , NY ; County Tax Map Parcel No . 1000-44-01 -22 . ' w Page 2 - Notice of Hearings Regular Meeting - April 14 , 1988 Southold Town Board of Appeals 8 :05 p .m . Appl . No . 3709 - EDWARD A. HANUS . ( Recessed from February 18 , 1988 as agreed ) . Special Exception for approval of Accessory Apartment within existing dwelling in accordance with the requirements of Article III , Section 100-30B (15 ) . Location of Property : 635 Lupton Point Road , Mattituck , NY ; County Tax Map Parcel No . 1000- 115-11 -3 . 8 : 15 p .m . Appl . No . 3715 - BERNARD KIERNAN . Variance to the Zoning Ordinance , Article XI , Section 100-119. 2 for permission to construct additions to dwelling and accessory structure (s ) within 75 - feet of the ordinary highwater mark along Southold Bay . Location of Property : 1605 North Parish Drive , Southold , NY ; County Tax Map Parcel No . 1000-71 -1 -15 . 8 : 20 p .m . Appl . No . 3722 - MANFRED KUERNER . Variances to the Zoning 'Ordinance , Article XI , Section 100- 119. 2 and Article III , Section 100-31 , for permission to extend garage an additional two feet from that previously granted under Appl . No . 3706 and to construct additional living area at rear of dwelling with reduction bf nonconforming sideyard at the north and south sides , insufficient total sideyards , excessive lot coverage , and within 75 feet of bulkhead along highwater of "Old Cove" [a/k/a Arshamomaque Pond] . Location of Property : East Side of Carole Road , Southold , NY ; County Tax Map Parcel No . 1000-52-2-3. 8 : 30 p .m. Appl . No . 3687 - JON C . KERBS . (Recessed from March 17 , 1988) . Interpretation and , if necessary ; Variance under Article XI , Section 100- 119 . 2 of the Zoning Code , for permission to locate building pursuant to DEC .Permit #10-86-0092 and Trustees Wetland Permit #373 . Location of Property : East Side of Narrow River Road , Orient ; County Tax Map Parcel No . 1000-27-2-5 . 8 : 45 p .m . TARTAN OIL CORP. : ( a ) Appl . No . 3633 - Special Exception under Article VII , Section 100-70 (B ) of the Zoning Code for approval of the establishment of a partial self-service gasoline station ; and (b) Appl . No . 3636 - Variance under Articles VI , Section 100-62 (B ) , VII , Section 100-70 (B ) for an Interpreta- tion of "retail shopping center" and for permission to establish convenience store as an accessory to the existing gasoline-service station . Page 3 - Notice of Hearings Regular Meeting - April 14 , 1988 Southold Town Board of Appeals Location of Property : South Side of Main Road , West Side of Marratooka Lane , and the East Side of Sunset Avenue , Matti - tuck , NY ; 1000-115-3-9 . Zone : "B= 1 " General Business . 8 : 50 p .m . Appl . No. 3703 - JOHN AND EVELYN KEATING. Variance to the Zoning Ordinance , Article XI , Section 100- 119 . 2 for permission to construct new dwelling and garage with an insufficient setback from top of bluff or bank along the Long Island . Location of Property : 19995 Soundview Avenue , Southold , NY; County Tax Map Parcel No . 1000-51 -04-006 . 9 :00 p .m . Appl . No. 3710 - THE COVE AT SOUTHOLD , INC . ( Continued from March 17 , 1988 ) . The Board of Appeals will hear at said time and place any and all representatives or persons desiring to be heard in each of the above matters . Each hearing will not start before the time allotted . Written comments may be submitted prior to the conclusion of the subject hearing . For more information , please call 765-1809 . Dated : April 1 , 1988 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER , CHAIRMAN Linda Kowalski , Board Secretary ---------------------------------------------------------------x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No. Date 19 �.�. . TO Ec��a+,`�'him u'tir.!C-. . .�"� .�F.. •. . !1 �'�"`'�'lr . . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . . .. 19 for permit to construct . 4.. &Y.uikq. . . . . . . . . . . . . . . . . . . . . . . . at L,D Location of Property ? . . . . .Cam. `°`-�. . �. . . . . . . . . . . . . . . . . . . . . . . . H ouse No. Street Hamlet County Tax Map No. 1000 Section . . . 4.t a-. . . . . Block . . . Q 4! . . . . . . Lot . . P. ; . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds -. . . wQ.ai)KA S.•,.�`IQo•Qd�. ,1��u-� a►��e-ar, �. 9.ti.c�...,�a�.Q.,,.tie,�"� vim . a, tv��a►.aQ 06 !.ti `�. . . . . . . . . . . . . Building Inspector RV 1/80 �13 TOWN OF 'SOUTHO�L�D�, N.EW� YORK yJZe ` APPEAL FROM DECISION OF BUILDING INSPECTOR q06 APPEAL NO. MAR 2 tj-19 . DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTT N. Y. 1, (We) ....Man.i; ...E......Keuxne-r..................of ...........4.O...Corole••Read............................... Name of Appellant Street and Number .......... ................................................................ ...New..York......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED .August 18, 1987................. WHEREBY THE BUILDING INSPECTOR DENIED TO .Edson &,,,$zuP_x....q./.Q...Manfred..E......Keurner Name of Applicant for permit of .......Box„146,6,, ...... ........................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X) PERMIT TO CONSTRUCT 1. LOCATION OF THE PROPERTY 4,0... arole...Rogd,,,,..$Q.';,tThp1d..... - , Res/.k1 gr.i........... Street /Hamlet / Use District on Zoning Map District 1000 Section 052Block 02Lot 03 Manfred .......................................................... .................Current Owner E. Keurner Map No. Lot No. prior Owner 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 100-31 , Art. XI , Sec. 100-119 . 2 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X ) - A VARIANCE to the Zoning Ordinance or Zoning .Map. ( ) A VARIANCE due to lack of access (State'of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has) x1cj� 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 ( X) request for a variance 3706 December 18 , 1987 and was made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X ) A Variance to the Zoning Ordinance is requested-for the reason that Appellant wishes to construct a 5 ' x28 ' bedroom expansion to rear of property and garage 12 'x22 ' - 15 ' in height and variance from 20% lot coverage. (Board approved 10x22 garage limited to 12 ' in height in Appeal #3706) Form z1B1 (Continue on other side) r„7}.> .Ur^. rya 1'•;'Sjif,. REASON FOR APPEAL Continued 1. STRICT APPLICATION OF T-HE•QRDINAiNCE would produce practical difficulties or unneces- saryHARDSHIP because Appellants original lyw;.a-ppl'ied 'f,6k,*�7 ' x 28 ' addition ' to rear of property to be used as expansion to bedrooms . Appellants have reapplied for 5 ' x 28 ' expansion to bedrooms . Property is improved with 28x31 ' year round, existing' residence which is set back 7 ' and 5 ' (to the North) and 15 ' and 17. 5 ' (to the South) and set back ±22 ' from cement bulkhead as shown on diagram and survey dated April 3 , 1981. Existing Lot is only 50 ' x.. 110 ' and predates the zoning ordinance . Structures wil' exceed 20% lot coverage by only . 03% (permitted 1100 sq. ft. ,requesting 1272 ,sq. ft. ) The additional-- feet are requested because appellants inadvertantly miscalculated the amount of storage required. The existing residence has no basement and insufficient storage area. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate ,.vicinity of this property and in this use district because . This Boar,d. has granted variances for .similar properties in the immediate ` 'community. Appellants property and dwelling are identical to Ippollito' s property. Ippollito received a variance from this Board in 1987. The - property..i.n question is extremely small and fully protected by a cement retaining wall . The Keurner property although identical in size and setbacks, to the Ippollito property appears visually smaller because of wire fence and shed. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT- because Every property along Carole Road has sought and received a variance for their property. The height of the garage additions approved by the board were 15 ' in height. In the Keurner appeal the board limited the garage addition to. only 12 ' in height. STATE OF NEW YORK ) l ss :j�..{ .. ........ COUNTY OF ) Signature Swornto this .................................................... day of..... � .............................. 19 ... . ................................... Notary ublic VMMW p.MOORE Nil Fublta.State of NW yo* NO.4832728 Qualified in Suffolk County Commission Expires January 31.1fIt90 der, _J�'�• _ ' - ''' :-- _- ;:•-�=•,' ';, -`.,.. - r TOWN OF SOUTH01 _66 : PROPERTY :: RECORD �CARD OWNER, STREET VILLAGE DIST. SUB."._- '•.LOT':_ FORME9 OWNER N� E ACR. S W TYPE OF BUILDING RES.Oq SEAS. VL FARM } COMM. CB. MISC. Mkt. Value 4. LAND IMP. TOTAL DATE. REMARKS o o ZZ b.b l Q 3�'o d ✓ //8 y� s rr 1 { 1-,Y 81.E 0 M AGE '. BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value . Acre Tillable. 1 Tillable 2 i Tillable .3 Woodland Swampland ,r FRONTAGE ON WATER --� �o Brushland FRONTAGE ON ROAD s-b House Plot ; DEPTH :. BULKHEAD Total;' �' DOCK INNER � t - .� .tea;,• �'� ' 7 ., ti�:r. IL 1,A ' ,fit ;'`, ' -, ..r'; . ' ■■■■■!■ ■■■��■■■■■■■■■■■■■■■■ as EMS [sit so Fire Place ■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■ v M®M'•• Rooms Ist Floor Recreation Room Rooms 2nd Floor ti COUNTY OF SUFFOLK PATRICK 'G. HALPIN SUFFOLK COUNTY EXECUTIVE DI=PARTMENT OF PLANNING LEE E. KOPPELMAN 360-5206 DIRECTOR OF PLANNING May 27, 1988 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Manfred E. Kuerner 3722 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.1., NEW YORK 11788 (516)360-5192 SUFFD� - ...... rr Southold Town hoard of Appeals g71 �� MAIN ROAD - STATE ROAD 251 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROB.ERT J. DOUGLASS JOSEPH H. SAWICKI Pursuant to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : xX Variance from the Zoning Code., Article III , Section100-31 Bulk Schedule Article XI, Section 100-119 . 2B Variance from Determination of Southold Town Building Inspector ' Special . Exception , `Article .Secti.on Special Permit Appeal No . :,-3722 . Applicant : Manfred E. -Kuerner Location of Affected Land : Carole Road, Southold, NY County Tax Map Item No . : 1000- 52-2-3 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary ) State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of .Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS: Applicant is requesting permission to extend garage an additional two feet previously granted under Appl. No. 3706, add living area at rear of dwell. with induction of nonconf. sideyard at e north an sou , insuff. total sideyds, excessive lot coverage and within 75 ' of bulkhead Copies of Town file and related documents enclosed for your review. Dated : may 24, 1988 Southold TownBoard f Appeals o 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. May 1.9-, 1988 SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Patricia C. Moore , Esq . Moore & Moore P . O . Box 23 Mattituck , .NY 11952 Re : ' Appl . No . 3722 - Manfred E. Kuerner (Variances ) Dear Pat : Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered - by the Board -of Appeals , the original of which has this date been filed with the Office of the Town Clerk . Please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable . Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765- 1802 ) if you have any questions . Yours very truly, GERARD P . GOEHRINGER CHAIRMAN Enclosure Copy of Decision to : Building Department By Linda Kowalski Southold Town Trustees Suffolk County Department of Planning Southold Town Board of AppealsMAIN ROAD - STATE ROAD 2S 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 TO WHOM IT MAY CONCERN : Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L . I . Traveler- Watchman , Inc . and Suffolk Weekly Times , Inc . Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience . Please be assured that your' publi-c. hearing will not start before the time allotted in the Legal Notice . If you have any questions , please feel free to call our office , 765-1809 . Yours very tryl G RARD P . GOEHRINGER CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure Page 4 - Appl . No. 3722 Matter of MANFRED E . KUERNER Decision Rendered May 12 , 1988 lot area , for the new construction noted in Conditions #1 and #2 hereof. Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis and Douglass . . (Member Sawicki was absent . ) This resolution was duly adopted . 1 k _. GERARD P . GOEHRINGER , C AIRMAN May 1 9 ,_ 1988 KEURNER HOUSE 28 x 31 = 868 . GARAGE: 12 x 22 = 264 -(as requested) (10 x 22= 220 approved) LOT: 50 x 110 = 5500sq. (DEED) 50 x 100 = 5000sq. (to Bulkhead) 868 (HOUSE) + 264 (GARAGE) = 1132 1132/ 5500 = . 2058% ( .058 excess of 20% lot coverage) IPPOLITO HOUSE : 17'4" Hgt. GARAGE : 15, I.igt. 28 ' Wdth. 12'Wdth. 36 ' Lnth. (Depth) 24'Lnth. SMULCHESKI HOUSE : M 4" Hgt GARAGE: 15 ' Hgt;. 28' Wdth. 10 Wdth. 24' Lnth. (Depth) 24' Lnth. HRI BOK HOUSE : 2 story (35) GARAGE: 15 '9" Hgt 28'- Wdth 10' Wdth 24' Lnth. (Depth) 24' Lnth KEURNER House : 18' 4" Hgt. GARAGE: 12" Hgt (15 ' requested) 28' Wdth 10 ' Wdth (12' " ). 31' Lnth (Depth) 22' Lnth(Depth) 361 (with 5 ' addition) (note: all others are 24'Depth) J RANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, APRIL 14, 1988 Appl_. No. 37Q2 Applicant(s) Manfred Kuerner Location of Property: . E/s Carole Road, Southold County Tax .Map , ID . NO. _ 1000- 52-2 3 .. Board Members present: Chairman Goehringer P. Goehringer, -Members: Doyen, .Doug lass , .. Grigonis and Sawicki . Al so .present ,were approximately.40 'per.sons .in the--aud-fence & Linda Kowalski , 'Se.cretary of :Zoni:ng Board of :Ap eals . (Building Department Administrator, Mr. Lessard was absent. The Chairman 'opened the hearing at 8 : 38 o ' clock p.m. and read the legal notice of hearing and application for the -record. CHAIRMAN GOEHRINGER: I have a copy of a survey produced by Roderick VAnTuyl , . P.C. as mentioned in the application.. The most recent date is April 3 , 1981- indicating this particular one-story dwelling. I_ have a sketch copy of proposed additions . as requested by the nature of this application. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Would you like to be heard? PATRICIA C. MRS. /MOORE.: Before I begin, I ' d like to thank the Board for sche- duling us so quickly. The Kuerners are anxious to start construc- t.ion and this appeal is going to be part of the complete construc- tion. I also request that appeal number 3706 be incorporated and be made part of this hearing so-that I 'don' t repeat and resubmit all the exhibits you have in the file. They have. . . . The Kuerners have reapplied with a lesser variance. They have come back and ap- plied for -the addition _in the rear which I ' d like to correct my statement that there were two bedrooms . It' s my error. It ' s one . bedroom and a living area. .So in fact, it still remains a five foot addition in the rear. I ' d like to point out, as you know from inspections , that this area, Carol Road , is only approximately 600 feet in length from one end to the other and it ' s primarily de- veloped all along the east side. All the properties are less than ten feet from each other . So that when one appeal is given, for example; the Deletto case , the Kuerners feel very strong that in a case that is, identical , that they should receive similiar treatment . They, in fact , did apply for something less than what other appli- cations requested. They have come back to the Board of a two foot enlargement of the garage addition that was granted. It was their error when they were submitting the papers that they just did not calculate the lack of storage on the property and the fact that they are reducing the addition in the rear to five feet, they felt it would be reasonable to request that the garage be made 12 by 22 . I have some numbers of the variance of the house sizes .. . . I have to apologize. As you can see. . . I know the Board questioned where the num- bers are coming from on this property. The house is 28 by 31 . That ' s • Page 2 - Thursday, An-il 14, 1988 Public Hearing - Ma -ed Kuerner Southold Zoning Boara of Appeals MRS. MOORE (continued) : not a problem. The garage as has been requested, 12 by 22 , I have a square footage there. Assuming a 50 by 110 foot lot which is a 5 , 500 square foot piece of property, there was a discrepan- cy when I went back and looked at the papers, that the old sub- division map showed a lot of 50 by 110. The survey showed a 50 by 100. The discrepancy was that when the bulkhead on the property; it was shown at 100 feet. The deed description which I . have a deed here for you and I ' ll submit, is 110. So that in fact , it ' s plus or minus 110. As you can see from the size of the garage that the height of the garages that have been granted in the past , are 15 feet . It was quite a surprise to Mr. and Mrs. Kuerner that when the decision came back, that they were being limited to 12 feet. That was unusual that in all the other properties that had received similiar variances, in fact , all the properties that have garages now improved, are 15 feet. in height . The 12 foot created an additional difficulty for them, practical difficulty because they have so very little storage. That that additional space was going to be used for storage. They have agreed to a one-story ga- rage. That is not a problem. And they have agreed to two garage doors in conformity with the zoning decision and with the other appeals that have been granted in the neighborhood. Again, the increased width of two feet to the garage, makes up for the dif- ference that the depth of the garage is all along this area, 10 by 24. Eppilitto is 12 by 24. The other two properties are 10 by 24. The Kuerners had originally requested 10 by 22. Now they request a 12 by 22. They' re still equal to if not less than the requests that have been made in the past . There are only four homes here. The fifth home which is right next to the Kuerners, we can get the dimensions. However, the house is situated in such a way that it faces the water differently. So the setbacks would not really be clear and the size of the house would just not be consistent with the other just because of the positioning of the house. But if you' d like that information, we can provide it to you. I ' d also like to emphasize that the neighbors in this area are very much in support of the Kuerners . They provided this information that you have before you and they recognize that this community is being developed and is being developed consistently. Each . application is coming in similiar if not the same relief requested. I ' d also like to point out that in the previous ap- peal , I did emphasize that they could not go up as an alternative request . Mrs. Kuerner does suffer from a physical disability and she , as you know, the Board does not ordinarily does not consider the individual ' s practical difficulty. However, her physical dis- ability does present a family member with a problem. Then the Board can consider this in determining practical difficulty. Just to re- cap very quickly from the previous appeal , the property is subject to a 20 foot right-of-way, is only 50 by 110 plus or minus . The neighborhood is entirely non-conforming . So this property is not substantially different than any property in the neighborhood. In fact , Eppilitto is the one that we emphasize, is identical , abso- lutely identical . The neighbors have supported the request. And we request that in fairness , based on the facts you' ve received, based on the record that we submitted , that you please grant Mr . and Mrs: Kuerner the requested variance. If the Board has a prob- lem with any of the issues, Mrs . Kuerner would be happy to .address Page 3 - Thursday, "^"il. 14, °1988 Public- Hearin M< `ed Kuerner. .-Southold 'Zoning board of AppeaFs MRS. MOORE: (continued) : - . . u q ave or even any con:anyconcerns . yo n � ditions you.,-might, impose on them. .Because after tfie f,acti i`s very di.ff1cult: .for them ,to deal with, it , and :know hold _to :respond to. i_t..!.' So .they dan-1 t want:.to; come back' again.;. bb CHAIRMAN ,GOEHRINGER: I just• wanted to. ask y:ou', ,Mrs ' '.Moore -we' . are: -now- dealing with -17:.-fe.et "fro'm- the. .bulkhead. Is 'that- correct?` With the proposed: re.aryard addition. `MRS-.-. MOORE:. From` five I believe so. I'°bet"ieve 'that Mr. K"uerner provided a sketch which' shows. .the difference. I don ' t have :it. -in,. .frunt of:,_m CHAIRMAN GOEHRINGER: -I had -thought it was 19 .that we had. -We' ll , do the measurements on it: -MRS,. MOORE: -There'- _may be 's-ome: =inconsi'`stency 'there. because -that` survey .was . so small . = .`It was difficult t.o' get: an accurate descrip- .tion: 'CHAIRMAN- !GOEHRINGER: ,. As':for the 12 feet i` froi.n the .Sm'alczewski and the Riebock `and all.. the- res-t7 .of. the applications-- that we-' ve had, we run - into a problem with one-story, -two=stories: We found that one-story. buildings ended up to -be- two stories.- In fact, we found a. two-story building .and it- ended up ' to be three stories. So' there fore, we had one garage that 'was still two stories and it ended up to- .be `28 feet in height-. .- So therefore,. we' re now :talking one-story . at..-12 feet. So- we- understand the purpose or the . need for 1-5 but. . . .MRS: MOORE:= Are you talking about this problem occured. alorig this area.? CHAIRMAN GOEHRINGER:. It ' s occured- in a141 the areas .' MRS. MOORE:; Because I believe.that in this 'particular--. area, that all the heights have been maintained at one story- or 14 .feet .' ' I believe the code allows for 18 .feet on .an accessory structure. - And unfortunately. with the attached, there is the limitation that you can.,go.._up to 35 feet..- CHAIRMAN GOEHRINGER: Right. I 'm just telling you that-" it was nothing. personal toward's this applicant that we have changed our po-licy.1_in •r.eference: to height of- :garages Regardless.. If they are" attached or unattached and that was basically limiting them at 12 feet unless the applicant has some particular problem with that. 'So. that was the reason for the 12 feet and I do understand the rea- 'son: why they need 15. So at this particular time, I can' t grant your .request because I have no idea how the Board feels. So there- fore.,.-sthere.' s really no reason to discuss anything- with Mrs .- Kuerner at this. point. I ' ll be honest with you. So we' ll just go on the basis of what you've presented. y Page 4 - Thursdays AQril 14, 1988 Public. Hearing - M red Ruerner Southold Zoning Board of Appeals MRS. MOORE: If you do have .a question, I understand you do not take additional testimony. However, if you do have a question that is unclear in the paperwork that you have this evening , I 'd be happy to clarify. Thank you. CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Questions from Board members? Hearing no further questions , . I ' ll make a motion closing the hearing re- serving decision until later. All in favor - AYE. BY / Cam. T , ✓ a1 L� ' L h/a v 1 E i42eR 1 - { - rV i:.-•!:n:oY 14.7 YEntat72n Cf Now Yca i•.c':'tu jtie t \7 - �! L:1.�:'11r17.•n!S(nfi�!':Ivi haf-cn rh..il t-rm - } ;:s VKAP," !,o:•u.-ram t E j In:r oosracl P.r)e on N..q t tta:`to vas t hh t�:11 cnmrrnY,Emscrrr.ntrJ r_r,. f !cr. +•inVitlltion limad hx.- to a9-613naar d the lanein't io-'s. f 4 t t1''cn.t;t varwxs aro rs'�: iuiurlt or s:sia�q:x-.. fir, house • 1 - i " � 1�, �. '� ►,� �or�� �s �<rr�*u�:fie g { Apr. ' � —i�'_a S Tf�.�lA.� i .�'�•�•...�j 't..':r�• �O✓/:1�� �[� � 7 � _ _ ���'ti"r� ! Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS April 14 , 1988 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S.E.Q.R.A. _ SERGE DOYEN, NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS GL JOSEPH H. SAWICKI Notice of Determination .of Non-Significance APPEAL NO. : 3722 . . ... PROJECT NAME: MANFRED KU-ERNER -- This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse._effect on the environment for -the reasons indicated below. Please take further notice that this declaration should not be . considered a determination made for any other department or agency which may also have an application pending for the same or similar. project. TYPE- OF ACTION: [g:] Type II [ ] Unlisted [ ] _ ___.DESCRIPTION OF ACTION:Extend garage an add.. two ft. , additional living area with reduction of nonconf. sideyard, excessive lot coverage, insufficient total sideyards and within 75 feet of bulkhead LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Carole Road, . Southold, NY _ 1000-52-2-3 REASONS) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short. form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Separating the project in question from the waterfront or tidal area is other construction and/or a bulkhead in good condition. . (3). h re Fef requ s ed is a setback variance as regulated by Sect R6�%�� R6I�Ty�RR_.T RA LEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516 765-1809 or 1802 . Copies of this notice sent to the applicant or his agent and posted on :the Town Clerk Bulletin Board. Mc t?OF44�1 iC NOT I EIS Y GIV pursua&fo.Sec t}Or-2kT `of - the Wvn a r and.fI-ae Code raf: the Town of-:Southold, 'the following shearings will-be Jield. :by the.:SOt3Tli1'Q. 'BOARD-`•'OF APPE `S at a_ - _ Regular%MaYttigatftsa thold .: _-ing. Location of-Property:' for permission to locate building Town all, isln:=~Road;' 56225 Southold,NY,on,T�Li�JA�` :; -C.R.-48,Greenport,`NY. pursuant .to.DEC Permit=No.. County 'lax-Map.-Parcel No. 1046-0092 ..and 'Trustees . APRIL'K 198$'at the follow- .1000=44-01-22. -Wetland'Permit No:.373,Loca-. ing times: .8:05 p.m- Appl. No. 3709--' tion of Property: East.Side of 7:35 pan A001 No. 3719- EDWARD A..HANDS.(Recess- Narrow River Road,Orient,NY, SOUTHOLD ' "' SAVINGS . ed from February 18, 1988, as County Tax Map Parcel.No BANK.`Variance:to the:Zoning agreed) Special Exception.for JMO-27-2-5. Ordinance, Ankle VI, Section: approval of-Accessory-Apart- 8 45,,;p.m. TARTAN OIL. 100-60(C)[2].(a)"f6 r permission ment within.existing-dwe[ling in CORP.: =to erectan on-premises'building accordance with the re (a).Appl. No..3633- Special identification, sign, :the :lower quirements;of Article III, Sec- Exception under Article VII, -edge of which will be less than tion 100-30B.05) Location of Section 100-70(B)of the-Zoning four feet:above ground. .Loca- ` Property: 6M Lupton Point Code for approval of the lion of Property:=1400.Raihnad:' Road, Mattittick'°NY;_C_ounty establishment of;a.partial self- (Youngs)Avenue,-Southold;NY; Tax Map - Parcel No: service gasoline!station;'and County'Tax Map Paicels`N[&` 1000-11541=3, (b)Appl. No;3636-Variance 1000-60-2-1.4(prev.-16.2&IV),. 8:15 :Am:'Appl. No. 3715 under:Articles VI, Section 7:35 -p:m.`:Appl. No:.,'371Cr_... BERNARD- KIERNAN. 100-62(B), VII,. Section RRO ER17 E. WAL•DRON, JR `Variance to the Zoning Or 100-70(B)for an interpretation. Variance„.to the Zoning Or ".dinance,_.Article"`XI, Section of"retail shopping cen. and dinance;; 'Article XI,` Section `100-119.2-for permissio-to con for permission to establish con 100-119.2 for permission to con- struct.additions to dwelling and_ vemence'store as an accessory-to struct deck addition,at rear:of.. . accessory structure(s)within 75 'the existing gasoline-service existing dwelling-:which-is less- - :feet Hof the ordinary highwater . station. -than 75 feet from the,mean Mark-al ong.Southold Bay,I,oca -Location of-Property: South, highwater_mar, alo1.ng dredged " 'tion'of'Property 1605 North Side of Main Road, West Side canal :at 'James,;Creek,; Mat Parish :Drive; Southold,. NY; of:Marraiooka'Lane,.and the tituck. Location.,of Property: County Thz Map `Parcel No. East- Side-of :Sunset Avenue; ..`, 2080 Ole Jule Lane,Mattituck; .1000-71-1-15: Mattituck; NY, 1000-115 3 9 ', NY;County Tax Map:Parcel No.- :20 p.m. Appl. No 3722- Zone: "B-1"General Business 1000-122-4-17. MANFRED KUERNER. 8:50 p.m. Appl.-No. 3703-,. "/:4U p.m..Appi. .ivo: 35'i� i�ariances to .dic zoiting Gr JCHI`; *:� - lmlrv�:vwt,_ ROSA J `HODGSON:, dinance, Article XI, Section KEATING.Vwiance•to the Zon .:' Variances .to the:Zoning Or .. .100-119 2`and Article IIL.Sec "ing 0rdinanc Article XI,Sec- - dinance, _Article-All, 'Section' lion 100 31, for'permission"to ion 100-119 2 for permission to •=i 100-31, Bulk Schedule,-for ap extend garage-an additional two construct new dwelling an proval of'the insufficient area `'feet from `that previousl garagewith an insufficient set '`` and width of parcel to be set-off granted under Appl. No 37 `'back from top of btuf -o'r bank 'inthis pending divW,orcof land. and to construct additional liv along the Long`Island Sound Location of Property`_North ` 'ing area atrear of dwelling with l;,ocation of Property.' 19995 Side .of.Pine Neck' Road; 'reduction of nonconforming_ " . `Soundview Avenue, Southold Southold,NY;:Coi mty`Uk Map.t, sideyard at the,north and.south NY;County Tit Map Parcel No. ` Parcel No: 1000-70=03. Con- `:• -sides, insufficient total 1000-51=04-006 .. taining.7.152 acres'total. sideyards,excessive lot coverage, 9:60 p m. Appl No.-' 3710- 7:50 .pan Appl No 37.07 and within-75 feet.of bulkhead THE COVE AT SOUTHOLD JOSEPH F. > CITARDi. along higliwater of."Old Cove" (Continued from,March Variances, to•'the-Zoning Or ta/k/a Arshamomaque Pond]- 17;1988) dinance,Articles:(a)XI, on Location'of Property:East Side The Board of Appeals will 100-119.2 as.to insufficient set= --of Carole Road,Southold,NY; - hear at said time and place all: back:from"bank'or bluff along' County, Tkx Map Parcel :No. representatives or persons desir- . the Long Island'Sound;:and'(b) = 1000-52-2=3. ing-to be heard in each of the,:_ III, Section 100-31, Bulk - 8:30 p.m. Appl. No 3 above mallets.Each hearing will Schedule, as to- insufficient JON,C._KER_BS (Recessed from not start-before-ihe:time Allot.,';: frontyard setback from the front March 17;1988).Interpretation red.Written comments,may b [southerly) property line along and, -.if necessary, Variance, submitted prior to the conclu- C.R.48,in this proposal to con- under Article XI, Section sion o(the subject hearing.For . struct new single-family dwell- 100-119.2 of the Zoning Code, more.information, please call _ Dated: April 1, 1988 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P.GOEHRINGER, CHAIRMAN. Linda Kowalski; Board Secretary.: iT=4/7/88(59). R. COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . . . /. . . . weeks -7 successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . day o . .GG% . . . . ., 19 P7. K . . . . . . . . . . . . . . ,/. . . . . . . . . . Sworn to before me this . . . . . . . ... . . . . . . . . . . . day of . . . . . . . . . . . . . . . . , 19 � . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . Notary Public 13ARDARA FORBES Notary Public, Stste of New York No. 480" Qualified in Sum]* county Commission Expires 47 7 28�� Page 4 Legal Notice Regular Meeting - April 14 , 1988 Southold Town Board. of Appeals Copies to the following on or about 4/4/88:. Suffolk Times , Inc. L . I . Traveler-Watchman , Inc . Individual Board Members (with copies of file ) Town Clerk' s Bulletin .Board Bruer & Lark , Main Road , Box 1059 , Southold , NY 11971 as Attorneys for Southold Savings Bank Mr. Robert E. Waldron , Jr. ,, 2980 Ole Jule Lane , Mattituck , NY 11952 Mr . Garrett A. Strang, R. A. as Agent for Mrs . Rosa Hodgson P . O . .Box 1412 , Southold , NY 11971 Mr. Harold Conroy , Lighthouse Lane, 'Southold , NY 11971 Peconic Associates , Inc . , One Bootleg Alley , Box 672 , Greenport , NY 11944 Charles R. Cuddy , Esq . , 180 Old Country Road , Box 1547 , Riverhead , NY 11901 , as Attorney .for Mr. and Mrs . Edward A. Hanus - Mr . Sam Ganshaw , Lupton Point Road , Mattituck , NY 11952 Mr . and Mrs . Jack Drobet , Box 965 , Mattituck , NY 11952 Abigail A. Wickham , Esq . (Attn . : Joyce Steiner) in behalf of Mr. Joseph R. Corso Mr. Joseph R. Corso , 750 Lupton Point Road , Mattituck , NY 11952 Mr. and. Mrs . Edward A,. Hanus , 635 Lupton Point Road , Mattituck , NY 11952 Mr . Garrett A. Strang , R. A. as Agent for Mr. Bernard Kiernan P . O . Box 1412 , Southold , NY 11971 Patricia C. Moore , Esq . , Moore & Moore , Box 23 , Mattituck, NY 11952 as Attorneys for Manfred Kuerner and John & Evelyn Keating Stephen R. Angel , Esq . as Attorney for Jon C. Kerbs 108 East Main Street , Box 279 , Riverhead , NY 11901 Mr . Jon C. Kerbs , Box 525 , Greenport , NY 11944 Catriona Glazebrook , Esq . , Twomey , Latham , Shea &. Kelley 33 West Second Street , Box 398 , Riverhead , NY 11901 William D . Moore , Esq . , Moore & Moore , Box 23 , Mattituck ; NY 11952 as Attorney for Tartan Oil Corp . Mr. and Mrs . Gregory Ofrias , Sunset Avenue , Mattituck , NY 11952 Mr. Wilbur Klatsky ; The Cove at Southold , 5044 Expressway Drive South , Ronkonkoma , NY 11779 Mr. John Bredemeyer , President , Town Trustees Office a3 'Cr Town Hall, 53095 Main Road a0` 4s P.O. Box 1179 Southold, New York 11971 JUDITH T. TERRY �.n1:�� TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: March 24, 1988 Transmitted herewith is Zoning Appeal No. 3722 application of Manfred E. Keurner for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval 'from the Building Department; survey of property; and any other attachments relative to this application: Judith T. Terry Cnljthnlrl Tnwn rinr4 WILLIAM D. MOORE PATRICIA C. MOORE }. i MOORE & MOORE' ATTORNEYS AT LAW ' SUITE 3 CLAUSE COMMONS '.° MAIN ROAD P.O. BOX 23 , MATTITUCK, NEW YORK 1 1952 - (516)298-5674 March 23 , 1988 .Zoning Board of Appeals Southold Town Hall Main Road Southold, N.Y. 11971 Attn: Linda Kowalski Re: Manfred E. Keurner Dear Linda: Enclosed please find with respect to the above referenced application: 1. Petition for variance in triplicate 2. - Notice to Adjacent Property Owners with attached certified mail receipts . 3 . Short Environmental Assessment Form 4. Copy of Survey 5. Notice of Disapproval from building inspector 6 . ZBA Questionnaire 7 . Actual measurements of Keurner r 8 . Actual measurements of Ippollito 9 . Copy of CO 10 . Side diagram of house and garage 11. Check in the sum of $150 . 00. Thank you in advance for your cooperation in this matter. Very truly yours, i Patricia C. Moore PCM.er encls. DocId: 032388 .1 KEURNER v 1 HOUSE 28 x 31 = 868 GARAGE : 12 x 22 = 264 (as requested) (10 x 22= 220 approved) LOT: 50 x 110 = 5500sq. (DEED) 50 x 100 = 5000sq. (to Bulkhead) r �, / r 868 (HOUSE) + 264 (GARAGE) = 1132 1132/ 5500 = . 2053% ( .058 excess of 207. lot coverage) J IPPOLITO HOUSE: 17 ' 4" Hgt. GARAGE: 15 ' 4t. 28 ' Wdth, 12'Wdth. 36 ' Lnth. (Depth) 24'Lnth. SMULCHESKI HOUSE: 4" Hgt GARAGE: 15 ' Hgt; 28' Wdth. 10' Wdth. 24' Lnth. (Depth) 24' Lnth. P HRIBOK - got Jim HOUSE : 2 story (35) GARAGE: 151911 Hgt 28' Wdth 10' Wdth 24' Lnth. (Depth) 24' Lnth KEURNER House: 18' 4" Hgt. GARAGE: 12" Hgt (15 ' requested) 28' Wdth 10 ' Wdth (12' " if ) 31' Lnth (Depth) 22' Lnth(Depth) 36 ' (with 5 ' addition) (note: all others are 24'Depth) TOWN OF -SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ... ....... ................ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ..... 4Afrmd...B.....Zsuxnar..................of ...........4.p...C•ar-ole...Road............................... Name of Appellant Street and Number .......... outY1gJ.d................................................................ ..Neux..york......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED .August,,,l8,,... 987................. WHEREBY THE BUILDING INSPECTOR DENIED TO ......Keiirner Name of Applicant for permit of .. Bo um x„1466� ..XRxk...L1J 9.71...... ........................... Street and Nber Municipality ��State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X) PERMIT TO CONSTRUCT 1. LOCATION OF THE PROPERTY Q..Carole...R-Q�1d,,,,,,$Q Street /Hamlet / Use District on Zoning Map District 1000 Section 052Block Olot 03 ...Current Owner Manfred E. Keurner ............................................................................... Map No. Lot No. Prior Owner 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 100-31, Art. XI . Sec. 100-119 . 2 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (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 (hos)KixmxjW 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 ( X) request for a variance and was made in Appeal No. ...3706 December 18 , 19 8 7' ......................bated .................................................................. ... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X ) A Variance to the Zoning Ordinance is requested for the reason that Appellant wishes to construct a 5 'x28 ' bedroom expansion to rear of property and garage 12 x22 15 in height and variance from 20% lot coverage. (Board approved 10x22 garage limited to 12 ' in height in Appeal #3706) Form ZB1 (Continue on other side) •�� �'�'i ytaedr,Rs REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Appellants originally applied for 7 ' x 28 ' addition to rear of property to be used as expansion to bedrooms . Appellants have reapplied for 5 ' x 28 ' expansion to bedrooms . Property is improved with 28x31 ' year round, existing residence which is set back 7 ' and 5 ' (to the North) and 15 ' and 17. 5 ' (to the South) and set back ±22 ' from cement bulkhead as shown on diagram and survey dated April 3 , 1981. Existing Lot is only 50 ' x 110 ' and predates the zoning ordinance. Structures will exceed 20% lot. coverage by only . 03% (permitted 1100 sq. ft. ,requesting 1272 sq. ft. ) .- The additional ' feet are requested because appellants inadvertantly miscalculated the amount of storage required. The existing residence has no basement and insufficient storage area. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because This Board has granted variances for similar properties in the immediate community. Appellants property and dwelling are identical to Ippollito' s property. Ippollito received a variance from this Board in 1987. The . property .in question is extremely small and fully protected by a cement retaining wall . The Keurner property although identical in size and setbacks to the Ippollito property appears visually smaller because of wire fence and shed. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Every property along Carole Road has sought and received a variance for their property. The height of the garage additions approved by the board were 15 ' in height. In the Keurner appeal the board limited the garage addition to only 12 ' in height. STATE OF NEW YORK ss ! c-- � ....... COUNTY OF ) Signature 9 Swornto this ...........� �"L.................... day of..... . ... .............................. 19 OL Notary ublic wluM 0.Moon FkWy public,State of New YOAL No.4832728 Qualified in Suffolk County Commission Expires January 31,1990 BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of Manfred E. Kuerner NOTICE • TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals'of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 40 Carole Road, Southold, N.Y. SCTM# 1000-052-2-3 3. That the property which is the subject of such Petition is located in the following zoning district: A Residential/Agricultural 4. That by such Petition, the undersigned will request the following relief: Permission to construct a garage and addition to existing dwelling, which construction will exceed allowable lot coverage and create insufficient side yard and wetland set—backs . 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section_ 100-31, Art. XI , Sec. 100-119 2 [ ] Section 280-A, New York Town Law for approval of access over rights)-of-way.. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, 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 beheard atsuch hearing. Dated: 11(�j. Petitioner Patricid C. Moore Owners ' Names • Manfred E. Kuerner Post Office Address Moore & Moore P.O. Box 23 , Mattituck, N.Y. 11952 (Tel . 298-5674 ) s__a J PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Frederick and Helen Hribok 1 Arnold Lane Commack, N.Y. 11725 Mr. & Mrs. Edwin Stewart 101 Bicksburge Court Simpsonville, South ,Carolina 29681 r r STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) Elaine Ross residing at Village Lane, Mattituck, N.Y. being duly sworn, deposes and says that on the a.� day of March , 19 88 , 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 Mattituck, N.Y. ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Elaine Ross Sworn to before me this day of , . 1988 Notary Public WILUAM 0.MOORE wry P No..State of Now York 28 Qualified in Suffolk County Commission Expires January 31,1990 . (This side does not have to be completed on form transmitted to adjoining property owners . ) SNORT ENVIRONMENTAL ASSESSMEtt 04 VISTRUCTIOASt (a) In order to answer the questions in this short EAI' is is assumed that the reparer will use currently available information concerning, the project and the ikely Impacts of the action,. It is not expected that additional studice, roeearch or other investigations will be undertaken. (b) If any•question has been answered Yes the project r•Ay be significant and a ccrpleted Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this projr,-ct in not significant. . K (d) Envirn"cntnl Assessment 1. Will project result in a largo phyoical change to the project site or physically alter more % than 10 acres of land? . . . • • • . . ,. YC3 Ito 2. Will there be a major change to any unique or unusual land form found on the site? Yos / do 3• Will project alter or have a largo effect on / an existing. body of water? . . • • . . . . . . Yes ✓ No N 4. Will project have a potentially largo impact on •-• groundwater quality? 4 Yes Ito 5• Will project significantly• effect drainage flow cl- CJ 01' on adjacent altos? • • • • • Ynu ✓ Ito •` M 6• Will project affect any threatuned or endangered / vi �; `plant or animal species? . . . . . Ye:, ✓ Ile xn •' 79 Will pro act result in ,t major advorso effect on air quality? ✓ Ho • Ycs ,L O Will project Nava 'a major' affect cn visual char- acter of the community or scenic views or vista& o knot-in to be important to the Community? Yes Jio c.� Will project adversely impact any site or struct.- 1i ure of historic# pro—historic, or paleontological importance or any site designated as a critical / environmental area by it local agency? Yos ✓ Ho 10. Will project have a major affect on existing or future recreational opportunitios? • • 0 Yes Ito 11. Will project.result' in major traffic problems or cause a major effect to existing transportation •� systems? . • . . . • . . . . • . Ycs 110 r 12. Will project regularly cause objectionable odor,, noise, glare, vibration, or electrical disturb-. ance as a result of the project's cperation? Yes NO •il 13. Will project have any impact on public health or u safety? . . . . Yen NO 14. Will project Affect the existing community by directly causing a growth Jn permanent 1:opula— tion of more than 5 percent over a c•na-your period or have a major negative el•rect un tt.c / character of the community :r neighborhocd? . . Yee ✓ /IJO 15• Is there public controversy concerning the project? Yes ✓ No PREPARER'S SICNATUREs ���A ���_� TITLE: REPRESENTING: /r?entWitc ' DATE: i QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED IJITH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete , sign and return to the Office of the Board of Appeals with your completed application forms . If "Yes " is answered to any questions below , please be sure to depict these areas on your survey (or certified sketch ) , to scale , and submit oth.er supporting documenta- tion. 1 . Are there any proposals to change or alter land contours ? Yes, NIN 2 . a ) Are there any areas which contain wetland grasses ? (Attached is a list of the wetland grasses defined by Town Code , Ch . 97 for your reference . ) Yes N� *b ) Are there any areas open to a waterway without bulkhead ? Yes c 3 . Are there existing structures at or below ground level , such as patios , foundations , etc? Yes Nc 4 . Are there any in or proposed fences', concrete barriers , decks , etc? � �ailUrc buU�,hvgc�� Yes No 5,. If project is proposed for an accessory building or structure , is total height at more than 18 feet above average ground level ? State total : S,�y1� stc" a cted ft . Yes IVc_1 6. If project is proposed for principal b ilding or structure , is total height at more than 35 feet above average ground level ? State total : ft . Yes Ni 7 . Are there other premises under your ownership abutting this parcel ? If .yes , please submit copy of deed . Yes N� 8 . Are there any building permits pending on this parcel (or abutting land under your ownership , - if any ) ? Yes State Permit # and Nature : C50 9. Do state whether or not applications are pending concerning these premises before any other department or agency (State , Town , County , Village , etc . ) : Planning . Board Yes tc Town Board Town Trustees ���,�_ }} �� » �p��� Y�!5 County Health Department Village' of Greenport YesN . Y . S . D . E . C . Noduf, • YesOther Yes 10 . Is premises pending a sale or conveyance ? If yes , please submit copy of names or purchasers and conditions of sale . (from contract ) . Yes Nv 11 . Is new construction proposed in the area of contours at 5 feet or less as exists? Yes Nc 12 : If new construction . is proposed in an area within 75 feet of wetland grasses , or land area at ad eleva- tion of five feet or less above mean sea level , have you made application to the Town Trustees for an inspection for possible waiver or permit under;, Yes No the requirements of Ch-. 97 of the Town Code ? 13 . Please list present use or operations conducted upon the subject property at this time "(eax_13z"I and proposed VfAK- *Please submit photographs for the record . I certify t the above statements are true and are being submitted for relia by the Bo d of Appeals in considering my application . Si g� cure P r og e r t y U,iner AUthVi zed Agent 3 7 1k FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office. Southold, N. Y. Certificate Of Occupancy No. . . . . . . . . . . . . Date . . . . . . . . . . . . . . Oot 29 19.?.�., . THIS CERTIFIES that the building located at .Carole Road Street Map No. . �. . . , . Block No. . . A*. . . . .Lot No. . .'Xxxx. . . . ,Southold , R.Y e. . . . . . . . . . . . . . . . . . . .. conforms substantially to the Application for Building Permit;heretofore filed in this office dated . . . . . . . . No® ' 20 pursuant to which Building Permit No. . 505%. dated . . . . . . . . .Note . .20 . . . . ., 19:70., was issued, and.conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is. , Private one family dwelling , . . . . , The certificate is issued to . . . .M.. Xuerner. . . . . . . . . .Owner. . . . . . . . . . . . ... .. . . . . . . . . . . (owner, lessee or tenant) of the.aforesaid building. Suffolk County Department of Health Approval . . . .H.Re • • • • • • • . .111 . ..r--1 . . . . . . . . . . . ..House # 40 Carole Rd . . . . . . . . . . . . . . . . . . . Building Inspector .