Loading...
HomeMy WebLinkAbout3706 1 Southold Town 'Board of AnDeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 1 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3706 ApplicationDated December 18 , 1987 TO: Patricia C. . Moore , Esq . [Appellant (s) ] Edson. & Bruer as Attorneys for MANFRED E. KUERNER Main Road , Box .1466 Southold , NY 11971 At a Meeting of the Zoning Board of Appeals held on February 2 , 1988 , 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 Variance to the Zoning Ordinance Article III , Section 100-31 and Article XI , Section 100-119 . 2 [. ]. . .Request for .. Application of MANFRED 'E.' KUERNER. Variances to the Zoning Ordi - nance , Articles III , Section 100. 31 , and XI , Section 100-119 . 2 for permission to construct additions to existing dwelling with a reduced _southerly sideyard setback , insufficient total sideyards , excessive lot cov-erage and with an insufficient setback from bulkhead along "Old Cove " at Arshamomaque . Location of. Property : East Side of Carole .Road ; .Southold , NY ,- County .Tax Map ..Parcel No . 1000-52-2-3 . WHEREAS , a public hearing was held and concluded on January 145 1988 in the Matter of the Application for MANFRED E. 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 5 ,000 sq . ft. described parcel of land located along the east side of Carole Road ( a private road ) with frontage of 50 ..0 feet along Carole Road and along "Old Cove" or "Arshamomaque Pond ," Southold.. 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 dwe.11ing as shown by copy of survey mapped April 3, ,. 1981 , by Roderick VanTuyl , . P. C. , Licensed Land Surveyors , to -be set back 24± feet from Carole Road , 25± feet from the bulkhead , 52± feet from the most north- easterly sideyard and ll ± feet from the most northwesterly side- yard , and 16± feet from the southerly sideyard (at i.ts closest point ) . (CONTINUED ON PAGE TWO ) DATED: February 2 , 1988 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appl . No . 3706 . Matter of MANFRED E . KUERNER Decision Rendered February 2 , 1988 3. By this application , appellant requests the following .relief to construct two separate additions : (a ) for a 7 ft. x 28 ft. addition at the rear of the existing dwelling [to the east] : [1 ] insufficient : northerly sideyard setback at 32 feet , reduced from the present nonconforming 52± setback ; and [2] insufficient setback from the existing bulkhead along "Old Cove " at 15 feet , reduced seven feet from the exist- ing nonconforming setback (which scales out to . 25 feet when using the April 3 , 1981 survey ) , and along an, angle ; [3] insufficient total sideyards reduced to a setback - at 32 feet , for a total of 192 ( 16 feet existing and exclusive of the relief. requested for the southerly sideyard ) ; . (b) for a 10. ft. x 22 ft . addition at the south of the existing dwelling : [1 ] insufficient southerly sideyard at six feet [reduced 10 feet from the present 16 ft. setback] [2] insufficient total sideyards reduced to a setback at six feet , for a total of 112 feet (52 feet existing and exclusive of the relief requested for the northerly side yard ) ; (c ) lot coverage for both additions in excess of .the maximum 20% permitted , for a total. lot coverage of ' 1 ,26.4. .sq . ft . , or 25 . 3% [196 sq . ft . for theeasterly rear ad_dition _._ and 220 sq . ft . for the southerly addition-] ; 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 coverage at 20 percent . 5 . Article XI , ' Section 100-119.2 ( B) requires all build- ings 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 (75 ) feet from the ordinary highwater mark of such tidal water body , or not less than seventy-five feet from the landward edge of the tidal wetland , whichever is the greater distance . 6 . The Courts have held that the area setback variance must meet the "practical difficulties" standard , considering at least the following : (a ) the relief requested is not sub- stantial 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 requested shall be the minimal necessary ; (f) there is no other method feasible for appellant to pursue other than a variance . Page 3 Appl . No . 3706 Matter of MANFRED E .. KUERNER Decision Rendered February 2 , 1988 7 . The percentages of relief requested by this application are substantial in relation to .the current zoning requirements . 8. In considering this application , the. Board also finds and. determines : (a ) . the setbacks of the existing dwelling are presently nonconforming ; (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 neighboring 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 Smulcheski ] having a setback from the bulkhe.ad at 26 . 5.± feet . The closest setback from the bulkhead was found to be that of Ippolito , .four lots to the north of the subject premises , at 17 feet . (e ) the area consists of dwellings with nonconforming sideyards , ranging from 5 . 5 feet , and greater . (f) . 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 ; (g ) there is no other method feasible for appellants to pursue other than a variance , except for a second-story addition ; (h ) the relief requested as to the easterly (rear ) yard and northerly side yard setbacks are not the minimal necessary ; (i ) the "practical difficulties " test has not been sufficiently satisfied as required by law to permit the entire relief requested by this application ; U ) in considering this two-fold application , the interests of justice will be served by granting the southerly garage addition , - and denying the easterly addition , as applied , without prejudice and as further noted below. Accordingly , on motion by Mr. Douglass , seconded by Mr. Goehringer , it was RESOLVED , to GRANT the 10 ft. x 22 ft. southerly addition , in the Matter of the Application of MANFRED E . KUERNER , SUBJECT TO THE FOLLOWING CONDITIONS : 1 . That two eight-foot wide overhead doors be placed on the west end and east end of the proposed garage addition , Page 4 - Appl . No . 3706 Matter of MANFRED E . KUERNER Decision Rendered February 2 , 1988 and operable at all times ( in order to gain access by emer- gency fire vehicles from the water side ) ; 2 . That the southerly sideyard area remain open and unobstructed at all times at the requested six feet ; 3. That the total sideyards remain at the requested six `feet and five-and one-half feet , for a total of 112 feet ; 4. That the lot coverage be permitted to be increased to allow for this 220 sq . ft. garage addition (for a total lot coverage of 1 ,088 sq . ft . ) exclusive of accessory shed , if any ; 5. That the garage addition not exceed 12 feet (one-story) in he ght ; and it was FURTHER RESOLVED, that the 7 ft. x 28 ft. easterly addition be and hereby is DENIED WITHOUT PREJUDICE (to further application ) . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent . ) This resolution was duly adopted . lk GERARD P . GOEHRINGER, CHAIRMAN L 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 ,* JANUARY 14 , 1988 at the following times : 7 : 35 p .m . Appl . No . 3705 - ARTHUR V . JUNGE for a Special Exception to the Zoning Ordinance , Article VIII , Section 100-80 (B ) for permission to establish electrical shop use and construct two buildings located as shown on Site Plan dated March 10 , 1987 , prepared by John A. Grammas & Assoc . Zone District : C-Light Industrial . Location : North Side of C . R. 48 , Cutchogue , NY; County Tax Map District 1000 , Section 96 , Block 1 , Lot 19 , containing 45 ,589± sq . ft . in lot area . 7 : 40 p .m. Appl . No . 3697 - WILLIAM AND PAULA TUITE for a Variance to the Zoning Ordinance , Article XI , Section 100- 119. 2 for permission to reconstruct and extend porch within 75 feet of existing bulkhead along Little Peconic Bay . Location of Property : South Side of Midway Road , Southold , NY ; Cedar Beach Park Map No . 90 , Lot 113; County Tax Map District 1000 , Section 90 , Block 2 , Lot 6 . 7 : 45 p .m . Appl . No . 3676 - ANTHONY ROBUSTELLI . (Recessed from December 10 , 1987 as requested ) . 7 : 50 p .m . Appl . No . 3681 - ANTHONY AND ANGELA LEONE. Variances to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of insufficient area and width of two parcels proposed in this pending division of land , and establishing insufficient sideyard setback of existing dwelling and accessory storage building on vacant lot (Section 100-32 ) . Location of Property : East Side of Deep Hole Drive , Mattituck , NY ; County Tax Map Parcel No . 1000-115- 13-12 . 1 (prev . 11 and 12 ) . Page 2 - Notice of Hearings Southold Town Board of Appeals January 14 , 1988 Regular Meeting 7 : 55 p .m . Appl . No . 3706 - MANFRED E . KUERNER. Variances ` f .11 to the Zoning Ordinance , Articles III , Section 100-31 , and XI , Section 100- 119 . 2 for permission to construct additions to �* ,i existing dwelling with a reduced southerly sideyard setback , insufficient total sideyards , excessive lot coverage and f with an insufficient setback from bulkhead along "Old Cove" l' at Arshamomaque . Location of Property : East Side of Carole Road , Southold , NY ; County Tax Map Parcel No . 1000-52-2-3 . 8 : 00 p .m . Appl . No . 3652 - GUIDO AND ANNA CIACIA. Variances to the Zoning Ordinance , Article VI , Section 100-61 , Bulk Schedule for approval of insufficient area , width and depth of two parcels in this pending division of land located at the corner of the east side of Kerwin Boulevard and the south side of Main Road , Greenport . Zone District : B-Light Industrial . County Tax Map Parcel No . 1000-53-2-20 ; Peconic Bay Estates Lots 178 and part of 177 . 8 : 10 p . m . Appl . No . 3699 - EDWARD AND BARBARA BETSCH. Variances to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , and Article XI , Section 100- 119 . 2 for permission to construct addition (s ) to dwelling with an insufficient westerly sideyard setback , insufficient total sideyards , and insufficient setback from nearest wetland area along Marion Lake (landward of existing accessory garage structure ) . Location of Property : North Side of Rabbit Lane , East Marion , NY ; County Tax Map Parcel No . 1000-31 -17- 15 . 8 : 20 p .m . Appl . No . 3698 - THOMAS ZIMMERMAN . Variance to the Zoning Ordinance , Article XI , Section 100- 118E for permission to rebuild and repair existing nonconforming structure which exceeds 50% of fair value of same and which exceeds those limitations of Prior Z . B . A. Appl . No . 3590 rendered March 5 , 1987 . Location of Property: 265 Rochelle Place , Mattituck , NY ; County Tax Map Parcel No . 1000- 144-04-09 and 09 , containing . 60 of an acre total . 8 : 30 p .m . Appl . No . 3688 - ANTHONY AND SALLY PIRRERA. Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of insufficient width (frontage ) of two parcels in this pending division of land . Location of Property : North Side of C . R. 48 (North Road ) , Greenport , NY County Tax Map Parcel No . 1000-40-01 -20 , containing .a total area of 5 . 20± acres . Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - January 14 , 1988 The Board of Appeals will hear at said time and place all persons or representatives 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 con- clusion of the subject hearing . For more information, please call 765-1809. . Dated : December 31 , 1987 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER , CHAIRMAN Linda Kowalski , Board Secretary --------------------------------------------------------------------x ATTENTION NEWSPAPERS : Please publish once , to wit , THURSDAY , JANUARY 7 , 1988 and forward Affidavits of Publication together with your bill and signed voucher to the Office of the Board of Appeals on or before January 12th . Thank you . --------------------------------------------------------------------x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL File No. Date . . . . .�. . . ., 19 To . . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . U N .• . .t . . . . . .. 19 7. . for permit to construct . 2.. -- - - . .�. Q-.. . . . . . . . . . . . . . . . at Location of Property . . . • .� • J• House No. Street Hamlet County Tax Map No. 1000 Section . . . �?.t� A. . . . . Block . . . ' . . . . . . Lot . . P. ; . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds :-.—a. . t +!a .�qp.- 31 . . . . . . . . I. . . . . . . Jbl. k-u AAA a h.a ate,, '� u-��`�i�, cF�. �•�1 Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW Y6kk APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 37oC DATE .....12.. .rd �87...... TO THE ZONING BOARD-OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 (We) MANFRED E. KUERNER.....................of ..40...Carole...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 Y XXXXX A APPLICATION FOR PERMIT NO. .................................... DATED .....ugust.................18...,.....1987........................ WHEREBY THE BUILDING INSPECTOR DENIED TO Edson & Bruer a/c Manfred E. Kuerner ................................................................................. Name of Applicant for permit of Box 1466 , Southold, N.Y. 11971 .....................................................................................................................:............ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X ) PERMIT TO CONSTRUCT 1. LOCATION OF THE PROPERTY ,4,0... arole Road, Southold A—Res/Agri Street �Fla mi.et Use District on Zoning Map District 1000 Section 05261 ock OA_ot 03 ...Current Owner Manfred E. Kuerner ............................................................................... lvlop 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) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance 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 desires to construct a 7 ' X 28 ' addition to the rear of his existing residence as well as a 10 ' X 22 ' attached garage . 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 existing lot is only 50 ' X 100 ',. and the existing residence only 882 sq. ft. , which results in an extremely cramped living area for the Kuerner family, who are year-round residents of Southold. There is no feasible alternative to the Kuerner family other than to seek a variance for construction of a single car garage and enlargement of the 882 sq. ft•. residence with a 7 ' X 28 ' addition. The proposed additions necessi-fate -a- -variance because the structures will exceed 20% of lot coverage , as well as setback requirements . 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because The proposed addition would be insignificant on a one-acre parcel . However , the subject lot is severely limited by its 50 ' width ( subject to 20 ft . roadway) and proximity to wetlands . The property has been completely bulkheaded since 1956 and the proposed construction will have no impact on Arshamomaque Pond or surrounding wetlands . 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The adjacent properties were initially improved prior to zoning, as was Appellant ' s property, and these residences now require substantial improvements to be made comfortable for year-round use . The board has granted similar variances to adjacent owners, Hribok (Appeal #3583) , Smulcheski (Appeal #2741 ) , Ipolito (Appeal #3656 ) and Stuart (Appeal #3159 ) . Adjacent property owners are in favor of Appellant 's proposed construction and have provided letters in support of this appeal . The proposed construction is in conformity with the residential character of the district . STATE OF NEW YORK ) , ) ss ......... ..... .......... r-�.............. COUNTY OF SUFFOLK ) Si natu e ���J December 87 Swornto this .......... ................................... day of........................................................ 19 ..................... ..................................................... Notary Public MARY DIANA FOSTER AlOrAff PUBLIC STATE OF NEW YORK IQ COMMaSI N5EXPR6 AUGUST 31.1989 TOWN OF SOUTHOLD PROPERTY RECORD CARD,OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N d E ,,.,- ACR. S W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS 13 0 Z4 3 z 4)C-14 Z6 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per. Value Acre Tillable I Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD Total DOCK J , tnIJ �i•, ' pji ■■■■■EMMOMEMNIENMEMMOMMEMEMEM ■■■■�■■■■■■■■■■■■■■■ ly ,. ,� ry ■■■■■ 1■ ■■■N1©■■■■■■■■■■■■■■ ■■■■■■■ ■■■N1■■■■■■■■■■■■■■■ ; . ' 4;• t.Yr ,�, ■■■■■■.■ ■■■Ni■■■■■■■■■■■■■■■ nG_ ` '` l t / ma's .J SS .'r �v,.Mr.•£*--r. 4 F-. ■■■■■■■ ■■■■■■■■■■■■■■■■■■■ ■■■■■■■ ■■■■■■■■■■■■■■■■■■■ ,t. Walls Interior Finish Fire Place .- FloorType Rooms I st Floor Recreation Room Rooms 2nd N102TH ec)A p , MAP OF P20PEQ7-Y ` SUaVEYEO 1=02 4�1 �k �� z 4T a AOSHAMONtAG?UE vlv of Sou-HoL-o,N.Y v UnaiRho�l�p�!alteratlK+er a to this eerr}�1l k•111o41tj,,of rr.•-4on 72LLI aA tho Nrn Vort! rd Auden LAW. ' 8 . this, ""wq ft t b3arirQ tl+e Iar+cS wn+eYorr k*Od oft or w lam o eaol eh-11 nee be eonaiMnd ys to be a vaW.trun.oaPr- () Quannt��kwsr�home"I"run . eoihr to tt+e rr* for vdwn"rurvey D IF eenr94 WW on hie boholf to Ow Oft comp".tf"rer^m°nml a�aowl end h 0 to > the aeegr>oeo tr nk-Outrontems aro not • H!B20K tn,Wdwwi Irrl W"rs er wbaaw@M awnem p :: rrrortumarrf 100' •y� Torx NO.: 1000-052-2-a IS3 house W � v (-•S�"ort f 5.61 59'10"W. - 100' of. N E W yo Mab ped APr. E3 , I98( 1 f.V" � L V AN�G9f co o n < * OOOCQ/IC!/G VAN TUYL-,PC. STEWA2T (0 10 ------- ---- 1 �c.yyo L$26ro Licensed Land ISFoLAKOS Greeriporf ^- New York TRANSCRIPT OF HEARING SOUTHOLD :TOWN BOARD OF _APPEALS • REGULAR MEETING OF THURSDAY,, JANUARY 14, 1988 - Appl. No.: ' ' 370.6. Applicant(a).: MANFRED E. KUERNER Location of Property: E/s Carole -Road, Southold County Tax Map ID .No. 1000- 52 - 2 - 3 Board Members prgaent: ' Chairman Goehringer P. Goehringer,. Members:. .Grigonis.. and. S.awicki. Absent; . .Doyen and Douglass. Also Present:" Victor. Lessard (Building •Dept. ) , Linda Kowalski, Z.B.A. Secretary and approximately . . persons in the audience. The-Chairman-opened the hearing at 8:00 o'clock p.m* and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of survey produced by Roderick VanTuyl, P.C. dated (most recently) April 3, 1981 indicating two penned in areas approximately on the south:.-side- which appears to be a garage addition of 10 by 22 and a rearyard addition of 7 by 28 . 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 Ms. Moore? MS. MOORE: I'd like to introduce Mrs. K'uerner and James Kuerner Mr. Kuerner could not be here and he apologizes for it. I do have a package of material that would be easier rather than my walking back and forth. As the application states, the Kuerner family would like to expand their-..28 by 31h foot house by adding a garage and their addition. The..-difficulty encountered here is due to the fact that part of the lot is only 50 by 100. You can see by the first exhibit which is a map of Old Cove Colony which shows the original subdivision. I circled in red the correct lots because the tax lot number and the subdivision number do not corrolate. So it 's lot number two of the Old Cove Colony subdivision. In_addition to having a 50 by 100 lot, it is also reducedvby a twenty-foot wide right-of-way that crosses along the length of the subdivision. So in addition to having less room for .actual living area, there is less room for setbacks and so on.__ They are faced with limitations in the expansion because of the physical condition of Mrs. Kuerner . She allowed me to explain to the Board that she is suffering from arthritis of the spine and can not use stairs. The exhibit which. is the second exhibit of a survey which was already in your file. The third exhibit is a copy of the Department of Environmental Conservation original application which is dated December:-16, 1982. They had originally hoped to expand up- ward.'and therefore, not needing this setback variance or at least not - Y .Pa�e 2 January 14; 19 f PUB'LIC" HEARING' Manfr.ea E. Kuerner, Southold Town.,Board of, Appeals MS.. MOORE (continued) : the ,one that is"applied. for._ Arid "because -of the;;physical condition of Mrs. Kuerner . , they` foiind that they could .not. expand. upward. The .only' alternative to them at that point was to .expand tawards the:.water. What :I then did was" I applied to the D.E.C. and we received a non=juris diction determination September 2.3 , ' 1987. and. that is.,the fourth exhibit that is in the. package. The variances that we request are not .unreason- able and are .in .conformity with th.e:character of the neighborhood The fifth exhibit which shows, -.I "drew out "what would be- the subdivision and the properties along Troul Road You can see that the Stewart property.- ' received an .addition. of;;- 8" by 22. We :are-. asking for- an._ addition of 7 by 22. So we -are asking for .less, than what the adjacent property received. -_. The Reebok° application which I was . befor-e this Board on; requested a garage .extension of 10 by "24`. Mr. and Mrs. Kuerner would like a .garage , of 10 by- 22'., So- :again, `that is less than, what .adjacent .properties are asking. .:- Mr:. and Mrs..' _Re.ebok were able to get a second story arid there- fore, did not need further necroachment towards the water other. than -just a deck. Then: again;- Mr.-= and Mr ...".- Smalczewski applied for a garage" ex-. tension .as.. well. and that` was.:a.. 1.0..,by 24.:garage- extension. Again, less than what we are- asking for; Excuse me. We are as for' less . than what the Smalczewski' s property' owners received. The Potts, aga.in;''also asked for a garage. extension-:.and received. their approval for' a 10'.by,- 24 garage. . -And finally., Eppalito -which..was :here before this_-Board. approxi -' mately a month ago, two months ago, received an addition -at on. point, of 12 by 28 and that .was going further" toward the water than we. are along with a garage addition that had been. given a .previous - appeal. So .we are in conformity with the neighborhood. We are--not ask.ing,_for, anything that" is-more than anyone else---.asks. -In;_ fact, we ar.e actually much. more. reasonable than what other'.applications had requested What- 1 did., the following exhibit is a drawing showing._a 31- .by. 2.8.. foot house with the addition of 7 by 28 and the garage of- 10 by 22' to -clar.i.fy. the_request., For those` of -you.-who were not able.-to '.-go-_'up and make an inspection of the- property or if .all of you. .have made inspection of the property, I point out that the following photograph or photocopy of the photograph shows-.that all -the properties7-are: in:-line- along the,.frontyard. So that are request is, - again, similiar to:, and at--the same-. distance--of all the other properties in the area. Andi.you can see that :by my-. label.- ling of the various property owners- and looking down from the Reebok' s home dorm along the north side seeing that all . the properties were at the same setback line. And finally,. .-there are two letters ,here. .._ One from each -adjacent property owner that says they support the Kuerner application. . _This `application is one -of -the ,last.. ones. of,.:the;;area..- Everyone else seemsto have- expanded their property. Mr. and Mrs. Kuerner--- at- this--point, •ha:ve -requested ".:this _variance.-, And again, . it is in conformity- with the neighborhood. - We have needed a variance from the`1ot coverage requirement- due to the: width of: the :garage.,,_.the house and all other structures. All together, =all structures, all ex- isting- and conforming structures.-will be-only, be 2 6% lot" -coverage and that' s*''oi ly" 6% "over what is- the.._r`equirement. - So. :-again, -that is rea- sonable. `That-is all I have and we .hope thattyouu. will grant the vari ance-application. CHAIRMAN GOEHRINGER': Well, there's always questions. You know- that. MS. - MOORE: Of course. Mrs. Kuerner is here: Pagel 3 January 14, '19L PUBLIC HEARING - Manfred E. Kuerner Southold Town Board of Appeals CHAIRMAN GOEHRINGER: How much do you .excced the" lot coverage by? MS. MOORE:. Based on my calculations;' '6%. CHAIRMAN GOEHRINGER: So it's a 26% lot coverage. And with some of the prior applications, we had discussed the possibility of two ga- rage doors. _ There's no problem with that? MS. MOORE No. They were aware. of that .and it was agreed. CHAIRMAN .GOEHRINGER: Would there -be an existing foundation under the addition or .would it be a crawl space? MS. MOORE: It would be a -crawl space. It' s already a twelve foot crawl space under the existing house.. CHAIRMAN GOEHRINGER: You'd just carry that through. You will be . making the addition .a living area though? MS. MOORE: Yes. I have a plan. which I hesitate to submit for the record because it may not be the plan that they use. In other words, it's drawn up by one builder. They may not be using that builder. So if you would like to see as far as what their plans are. CHAIRMAN GOEHRINGER: , Just let me take a look and we'll give it back. MS. MOORE: As it states on -the plan, it's for the use of this builder only. There was one other question I wanted to ask you. First, I want to thank you for giving us the other appeal numbers so that we don't have to look them up manually. And secondly, is the 7 foot, do you need all of the 7 foot Mrs. Kuerner in reference into the depth of the addition? Do you need a full 7 feet? MRS. KUERNER Well, . originally we were going to put in a sliding door on the side. So we asked for 7 feet so we would have 6 feet ac- tually which we'd put in a 5 foot slider. CHAIRMAN GOEHRINGER: In :_the corner here right adjacent to the garage. MRS. KUERNER But then we thought it wasn't such a good idea to come out right there where the garage door would be. So I .would say no. It's not absolutely necessary. MS. MOORE: However, it is less than all the other appeals. I think you'll see that 8 feet has been the general rule of thumb and we are asking for less thaon that. CHAIRMAN GOEHRINGER: The only thing is that as you progressively go out the peninsula, it appears that you end up with less property on the parcels that are physically there. I realize that we have a sur- vey here but the peninsula appears to narrow as it goes out farther. So it gives you the impression that when you're looking at itlas ` n Pag` 4 January 14_, .19 PUBLIC HEARING - ' Manfred E. Kuerne:r - Southold Town Board of Appeals CHAIRMAN GOEHRINGER (continued) : actually having less property. than the neighbors that go down a little farther to the north. MRS. KUERNER It does. look that way because the Baron' s house is not built the same as all the others. It ' s built the other way around. It does look that way. CHAIRMAN 'GOEHRINGER: Well, we'll .go down and check it out one more time. before we make a decision. 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 and reserving decision until later. All in favor - AYE. t _ < `g HENRY P. SMITH, PresidentA TELEPHONE JOHN M. BREDEMEYER, Vice-Pres. '� fir' '" * "� PHILLIP J. GOUBEAUD xrn{f� (516) 765 1892 ALBERT KRUPSKI, JR. r�! ELLEN M. LARSEN ®� 3 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 October 30, 1987 Mrs. Patricia C. Moore Edson & Bruer Attorneys At Law - Main Road, Box 1466 Southold, New York 11971 Re: Kuerner,Manfred E. Carol Road, Southold, New York-1000-052-2-3 Dear Mrs. Moore: The following action was taken by the Board of Town Trustees during their regular meeting held on October 29, 1987 regarding the above matter. RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Patricia C. Moore on behalf of Manfred E. 'Kuerner for a Wetland Permit on certain property located on Carol Road, Southold. Very truly yours, He"Pmith, President Board of Town Trustees HPS:ip cc: Commissioner Thomas C. Jorling, D.E.C. , Albany Robert A. Greene, D.E.C. , Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management John Holzapfel, Chairman, Southold Town C.A.C. Victor Lessard, Admin. , Building Dept. Planning Board Board of Appeals file PLEASE HAVE THE PROPERTY STAKED FOR INSPECTION PRIOR TO NOV. 18, 1987. +� HENRY P. SMITH, President { k JOHN M. BREDEMEYER, Vice-Pres. "' a "'" TELEPHONE PHILLIP J. GOUBEAUD (516) 765-1892 ALBERT KRUPSKI JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 29, 1987 Mrs. Patricia C. Moore Edson and Bruer Attorney at Law Main Road P. O. Box 1466 Southold, New York 11971 Re: Manfred Kuerner Dear Mrs. Moore: The following action was taken by the Board of Town Trustees during their regular meeting held on September 24, 1987 regarding the above matter. RESOLVED that the Southold Town Trustees Deny the request made by Patricia C. Moore on behalf of Manfred Kuerner for a waiver of the wetland ordinance for the construction of an addition to an existing residence located on Carol Road, Southold. .- The Board,would like to have a full application for this project should the applicant wish to proceed with this matter. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS:ip cc: Bldg. Dept. Board of Appeals i/ File 7 ^^ ATTORNEYSATLAW �. MAIN ROAD-P.O.BOX 1466 SOUTHOLD,NEWYORK 11971 LEFFERTS P.•EDSON (51 6)765-1 222 RUDOLPH H.BRUER (51 6)765-2500 PATRICIA C.MOORE August 19, 1987 Henry P. Smith, President Southold Town Board of Trustees Town Hall P.O. BOX 728 Southold, New York 11971 Re: Property of Kuerner Carole Road, Southold, N.Y. Dear Mr. Smith: This office represents Mr. and Mrs. Manfred Kuerner who wish to build an addition to their home on Carole Road. The proposed addition is landward of a bulkhead and, as per the attatched letter, the DEC ruled on December 16, 1982 that they had no jurisdiction over this project. This letter remains in effect since the property remains bulkheaded. Furthermore, adjacent property had received similar ruling in 1987 (Hribok) . .,.The adjacent property owners (Hribok) received a waiver of jurisdiction by you, for similar construction, on December 5, 1986 and February 3, 1987. Mr. and Mrs. Kuerner request that you waive jurisdiction in this matter. Enclosed please find $25.00 inspection fee and a copy of the survey showing proposed construction. 7e Truly Yours Patricia C. Moore PCM/sg Encs. NEW YORK STATE DEPARTMENT OF E11VIPON14ENTAL.CONSERVATION Regulatory Affairs Unit Bldg. 40, SUNY—Room 219 Stony Brook, NY 11794 (516) 751-7900 Det w► /L 1 /9�v Mr. a,J I" +rS. Mah -rrej kL4 err, e r Pe<0ei'l C' C4 4 e% de4r_ n% nc,�,o*^ Dear Mif CAt- I4y-s , tie rhe_r) A review has been made of your proposal to: o yLs - ru c-� a of e�,S -�-,ny �,orne - secohot 5�or y oh - op v � e�rs-�-,ny 5'truc�r� Location: o G Id CO V 2 C I 0 ti c2 T- AF''$h a rr a ,m a G 2. ) I 0 w o �" Sg�t �"!�o �c�, �"-Fo k Co. L �7- ;.New York State De artment of Environmental Conservation has found the vlzh lU yl) parcel project to be: 3ec•3i11 Greater than 300' from inventoried tidal wetlands. 1 Landward of a substantial man-made structure 5 e( w I� h eao greater than 100' in length constructed'.prior to Septemb r 20; 1M. Landward of 10' contour elevation above mean sea level on a gradual, nat- ural slope. Landward of topographical crest of bluff, cliff or dune_ in excess of 10 feet in elevation above mean sea level. Therefore, no permit under Article 25 (Tidal Wetlands of the Environmental Conservation Law) is required at this time since the current proposal is beyond State mandateddtrisdiction pursuant to this act. However, any additional work or modifications to the project may require a permit. It is your. responsibility to notify this office, in writing, if such additional work of modifications are : contemplated. Very truly y—o�uurs, }o e D au-iel J. Larkin Regional Supervisor of Regulatory Affairs DJL:RNT:cz S I E ff'�6 F Oo W 0.1 i 4 ti ', O '•rL �, '\, , 4 fAlcl 4 V ti qL� F4r ,v�• M1a ' ° c .. al E ••' S• AL ERTsON LAW ! •f E �) •PQ .5�, 56 59.2 y° 55 00.2 6.5A lcl .��CCC IF e•cd ��' _ IYNaR.a[N .A.OI f,J �'T. .,'.m�i8 1.•b 1•.oAld __ TOwN of souTHoLO +� d ••+a�•• O Bfo� . aJ• .•,� ' `"i 1_ \162oAlc) 'sir .� t � •,�• O . 1;�,, -- �. ''• ,;,.,: ,ems ;�a Jl , ' EP p •�i 1 j G e• I •\ P`.• 49.7A k1 sr,aRc�•NL, • ��� °' i i 1 — - �Yi" w � ��• 00 Sq C ♦� ``I O t � \C'•� °\v ;•{ 41 � ) d.: C, O \eta FOR FARCE! FOR PARCEL NQ SEE SEC NO,056-0I'Oo3 FOR PARCEL NO SEE sEC NO 056-OI-006` LINE .__—. ..._ MATCH LINE 1[aTCH \ Z .IHE SEE 5EC.110056 MATCH ,.i SEE SEC NO 056 dl SEE sLC NO 056 uRLL35 OA.rM Olr,[RWIS[,•`A.. MOILRI, NOTit[ ' t- l ai' J'. i ti"'.j• •��. .y''. -�. -M "C,u Y� .•y•i L`' ?,i�'t ,.�.��ti:� 4•'.�.r' ■ ?r:_ � j v'it' 'a►.:7'-.�ri - ,t'�� )1 t'•�� �. t� 'r:i •..LfT^-`sr4.�`*t' 3'•'.f�•�CK�.y.��.}N,}3'�•tlf�'!.�• :� 5•''�• - '.® ���_ ��a a_$�,��— •,w _ � � , � .� '�, � 'il� �L `�-�,s• h� ti f .�� �����f...�.;L.1'fi'i 'r�)]qy!•. :.�••' .1•r.r�� -�..K.'• '� .•!t`!, �': ,r a 'fit^-'•'`� .� iS• i,Y�. V:t'::� i%f . Q -- -- - OI Ns - � -- r � N a m 10 I T q t Co e o, b O ?� p �s 0•01! I V'ii lire 1--1 -or adittion Ta ttifa a f; :..�►.. 1SQ r iGrT k YIO�.w- ei J F•Kt 77.Ofi _Nert Yort E4ctf„.'- Fruce9on C'=+.A od e+w►r/+riev r►x beeFtt�° t-Aemt- ahclf"bq OOrDidel4Q�'". .. (� to be a iK true uera l lndicrfie��iet�Ort irtt �t P aNr the P-rson fe,r rvh 644put G 1'1► ►e -twl.and on hk batAlf tb`t 44 romMnY,Vvarnrrpn6j;aeonq,. . .' instivrtign Rstlgd O'amah sml,,R44 _ . Ih!asaiQnmr Of the twndiAg)r1,*,;"1 . - - .--- -- -- _-- _ - �•tnr,.G:(�rardwoR eYo-ffot!ia!i��.�r_:�' ' - .. r.. ,7-i:• tirsl int:7tUt'tMa W fv�;;. t •,� 0LD' COVE COLONY M A T o ARS"H AMQ M AQ'IJ ZIP yT"owN 'off �.QUTHf.?�;t7; .• c.�aHos _;v=; •y:ti� o f�r6Z F Y_. %�'�` b�' {r.. .x'VA t �# itJ��,►' , . .:i.' .� C, - .ter - 1 .i. r•-�.F�C�• '+ .. ,�,-r •,t. ••Z .(::�..: ''y1.-, ! V; 'r i:^tc7:��-�7.,F}• -r• ,.. - �..•.f%y rT yi'•' _�. r �F" �. �...,�•;mil• s= +'iM i1�`'.�:�,� ti..v+ �.te Z. -r:':Y•'..:^.auy�^w�7f ::f. ��l - - .,'•," •"..Y.` t �{'p'.�• >c., r: '�� �. •�:%+ yf. x �j'. t r _.;;i^- .tr `�•t.t Vtt� ..t ..v.. �. +• �•`•ZQE�f�l��.-1• .fir•i i.• �l'.'.,;,r); '.T.. d�:.�f.'�.• �•.�,r. 'r +;•:�4'�`:: -`'=zt. :A. COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN 360-5206 P DIRECTOR OpFy�PLANNING February 17, 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) Mr. & Mrs. William E. Tuite 3697 Manfred E. Kuerner 3706 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I.. NEW YORK 1 1788 (516)360-5192 22-LH-1:12187os � .: 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 Pursuant t'o 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 zzz , Section 100-31 and Article XT, Section 100-119 . 2 Variance , from. Determination of Southold Town Building Inspector Special Exception , .Article Section Special Permit Appeal No . : 3706 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 construct addit -Qns to existing dwelling with a reduced sci,thArly sidgmyar-d s,®thQGk7 total sideyards, excessive lot coverage and insufficient setback from bulkhea Copies of Town file and related documents enclosed for your review. Dated : February 11, 1988 f ---y-- MAP Ofr P20 PE Q7-Y S UL2VEYE0 F02 I aT � Al2SNAMOlVIAQUE Q . N Or+ Sou�Oc.-O, N.Y. Unnethor slterotiean K ad N thl�tury Is o vfoNtlon of £r..-tion 720M of the No"Vo(t Rt" 8 r lloo en LAW. Cor1+,of thta tnev�1e tncp nc t MariN ` the lend tumvYelp Inked w-J or 'V� s ernyotoed ts+�l thr11 net be WnOdWW (� to be s Valk!tun aom D Quarsnt Ic a kmew-xvm for vdwm the urwy It propsrod end on his behalf to 1t» two cow*".gft-emmonml aeorW and O 0 1. vV l%Minion Mood horcon and 1 1e/M ta«gneet of tho lo"rq k-6- m {'{(8�20� Unk)n.t3wentess ere ntt transhroWs .,,d�l:;tn.l InitlwW ns or sub-gwat • , Scot!e : 30 'a !" - o a mor-tumcnf fY.�l'S9'IO''E. - ►00' t Tax NO.: 1000-052-2-3 i O z 3�•5 v r-.g-fortf house NN O AO O, s I /a X -Z2 e, L m lrJO' Of NEKr � VA o,9 mapped Ahr. 3 , 198! ti o° tG< + �cOOEl2lCK VAN IDYL, PC. —-�^ lbJ� Licensed Land --— --- - E�LASD New York -/gyp p Iw$ ' b31' 3 5 9 Add,-hm S-t�Wa+"t boo STIA kki A�pelf a11t- � c f a Xz ar, �€� Keurnef r 4&ar4CLq41„z.nd star d=ee I r i bok ,o x a'f � a-714 I I 1,,,,j�,. . � S/,S; de. 6ac.age r1 5. s/ag ICJ A smulchesXllLU I SY (3G�f C I o x 3 i-7 8/y/7 f N.ass o 3oyL1 7 l - � for. iax a Ih} 'PPoL►'+1'a �' 36si� 3. °/a ik (l Lfo z �5 . Jae/e� 8 - ii V 1 P .TN NS No 9.-f F1 ROAD TP►X MA9-:6_ FOOD 5 .-- 2 LOT" K; A August 15th , 1987 . Southold Town Board , Main Road , Southold , New York 11971 . Dear Board , I (we) have been informed by Mr . and Mrs . Manfred Kuerner that they intend to build a garage and rear addition to their home . I (we) would like to inform the board that we support Mr. and Mrs . Kuerner ' s application . ` Very truly yours , August 15th , 1987 Southold Town Board , Main Road, Southold , New York 11971 . Dear Board , I (we) have been informed by Mr —and Mrs . Manfred Kuerner that they intend to build a garage and rear addition to their home . I (we) would like to inform the board that we support Mr . and Mrs . Kuerner ' s application. Very truly yours, `1v r HENRY P. SMITH President JOHN M. BREDEMEYER, Vice-Pres. r5 kii t li" - TELEPHONE PHILLIP J. GOUBEAUD €? aj (516) 765 1892 ALBERT KRUPSKI, JR. o ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 December 18, 1987 Mrs. Patricia C. Moore Edson & Bruer Attorneys At Law Main Road, Box 1466 Southold, New York 11971 Re: Manfred E. Kuerner - 1000-052-2-3 Dear Mrs. Moore: The following action was taken by the Board of Town Trustees during their regular meeting held on December 17, 1987 regarding the above matter: WHEREAS, Patricia C. Moore on behalf of Manfred E. Kuerner applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated September 25, 1987, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on December 17, 1987 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that Patricia C. Moore on behalf of Manfred E. Kuerner BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOU T HOLD TO: Construct a garage and extension to existing residence. Property is located on Carole Road, Southold. Approval is granted with the provision that dry wells are installed on the property to contain roof run off. Page 2. This permit will expire on December 17, 1989 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. 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. A $10.00 Wetland Inspection fee is now due and payable. Upon your remittance your permit will be forwarded to you. PLEASE RETURN TO THE BUILDING DEPARTMENT FOR A DETERMINATION ON THE NEED OF ANY OTHER TOWN PERMITS THAT MAY BE REQUIRED FOR THIS PROJECT. Very .truly yours, Henry P. Smith, President Board of Town Trustees HPS:ip cc: Commissioner Thomas C. Jorling, D.E.C. , Albany Robert A. Greene, D.E.C. , Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management John Holzapfel, Chairman, Southold Town C.A.C. Victor Lessard, Admin. , Building Dept. Planning Board Board of Appeals Town Clerk's Bulletin Board file 1 ( ;JABffiM MEYriWea dAtal nervation 794 9/1 - �� \C 10 �1�0\ �- Re: ' C�Sxjn - �Y� e r hox 06 I�u Y a le i i h Henry G. Williams YY ' r �� � �, Commissioner �� o� IU `� U Dear �1 A review has be m e of .your pro osal to: KS;*VI(Q ��,� 0... koc� \ec On Q_.4 Based on the information you have submitted, the New York State Department of nvironmental Conservation has determined that the Project is: parcel Greater than 300 ' from inventoried tidal wetlands. Landward of a substantial man-made structure greater than 100 ' in length which was constructed prior to 9 20�C,��,�� � Landward of the 10 ' above mean sea level elevation contour on a gradual, natural slope. Landward of the topographic crest of a bluff, 1cliff or dune which is greater than 10 ' in elevation above mean sea level. Listed in Part 661. 5 of 6NYCRR (Tidal Wetlands Land Use Regulations) as a use not requiring. a permit or notification letter of approval. Therefore, no permit 'is required under the Tidal Wetlands Act (Article 25 of the Environmental Conservation Law) . Please be advised, however, that no construction, sedimentation or disturbance of any kind may take 'place seaward of the 10 ' contour or topographic crest without a permit . . It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation in this area as a result of your project. Such precautions may include providing adequate work area between the 10 ' contour or topographic crest and the project ( i .e. a 15 ' to 20 ' wide construction area) or- erection of a temporary fence, barrier, or hay bale 'berm. Please note that any additional work, or modification to the project as described, may require authorization by this Department. Please contact this office if such are contemplated. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits agencies. or approvals from other Very truly yours, Delluty Regional Permit Administrator Ln Southold ' Town Board of Appeal$ ",,.,, MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y-. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD January 14,. 1988 MEMBERS- - 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. :. PROJECT NAME: K,Nk'RED 'E'.' 'KUERVER -- 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..)l Type II [ ]. Unlisted [ ] _ ____DESCRIPTION OF ACTION:Construct -additions to dwelling with a reduced southerly sideyard setback, insufficient- total sideyards, excessive lot coverage and insufficient setback from 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. FOR FURTHER INFORMATION, PLEASE 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 me i 4-1 NOTICE OF HEARINGS �7:55 p m. Appl. No. 3706- 8:20 p.m. Appl. No. '3698- MANFRED E. =WERNER. THOMAS. Z'IMMERMAN N.OTIGE.-IS HEREBY_GIV Stances xo'the Zoning Or- Variance. to:the -Zoning r- E~N,purspant to Section 267 of d nance, .Article III;'.'Section dinance, Article: XI, Section the Town Law.antltM:Code of Y00{31,; ,and . X.I, . Section 100-118E for approval of deck the Town 'of 'Southold,.;the 100-1I9.2 for permission to con- and to rebuild.%repair;existing following hearings Will be held struct .additions" to existing nonconforming structure which by the SOUTHOLD- TOWN dwelling with a reduced souther- exceeds 50% of fair valise of BOARD. EALS at a ly sideyard setback,-insufficient same and`which.ericeeds those Regular Meeting at theSouthold total sideyards, .excessive lot limitations 'of .Prior Z.B.A. Town :Ha}l Main -`Road, 'coverage and �with'aninsuffi- Appl.No.3590 rendered IVMarch Southold;NY.on THURSDAY, cient. ::setback from.bulkhead 5,`1087' Location:of.Property: JAN,UARY 14, 1988 at the along "Old Cove at Ar-, 265 Rochelle Place, Mattituck, 'following times: shamomaque.Location of Pro- NY;County Tax Map.Parcel No. 7:35 p.m. Appl. No. 3705- pert y:.East Side of;Carole Road, 1000-144-04-09 and 08,contain- ARTHUR V. JUNGE -for. a 'Southold,NY;County Tax Map ing .60± of an=acre,total. Special Exception-to the Zoning Parcel.No 1000-52-2-3. :Ordinance,Article,VIII,-Section ..8:00-.p.m. AppL No. 3652- 8:30 p.m. Appl. No. 3688- 100-80(B) for 'permission to' GUIDO AND ANNA CIACIA. ANTHONY AND SALLY PIR establish electrical shop use and ariances to .the Zoning Or- RERA. Variance tote umg construct two buildings located - dinance, Article VI, Section Ordinance, Article-III;,.Section .as:shown.on Site-Plan dated 100-61, Bulk,Schedule for ap- 100-31, Bulk:Schedule, for ap- proval 10, 1987,'prepared by provai of insufficient area, prov-1 of Insufficient width John A. Grammas.& Assoc. width and depth..of two parcels (frontage)of two parcels in this ..-Zone District: C-Light 'Iri- in this pending division of land pending division of land.Loca- dustrial. Location: North Side located at the corner of the East tion of'Property:North Side of .0f C.R. 48, Cutchogue, NY, Side of Kerwin Boulevard and C.R. 48*(North Road), Green- County Tax Map District.1000, -the South Side of Main Road, Section 96,Block-1,Lot 19,con- Greenport. Zone District: B- .port, NY; County Tax Map taming 45;589± sq. ft. in lot Light Business. County ..Tax Parcel No. 1000-40-01-20,.con- Area. ` Map Parcel No. 1000-53 2-20; taining a total area of 5.20± -7:40 p.m. Appl. No. 3697- Peconic;Bay Estates Lots 17.8 acres.. WILLIAM AND PAULA -"and part,of 177. The Board of.Appeals will -UITE. for a'Variance to the 8:10 ,p.m. Appl. No. 3704- hear at-said time and place all Zoning Ordinance, Article Xl, .JA t1L' lit4.cr►PAN 0. .:n�u�rs^.^S.Cr i.reSen•.��::' '�es:r- _.-Section 100-1,19.2 for:permission Variances to .t the Zoning Or- ing to be heard in each of the Jo reconstruct and extend porch dinance, Article- I1I, Section above matters.Each hearing will within 75 feet of existing bulkh 100-31,Bulk Schedule as to ex- not:start:before the time allot- covers and Article ted. Written-comments maybe ead-along Little.Peconic cessive lot -;. coverage, Bay. Location of Property: XI,.Section 110=119:2 as to con- submitted:prior to the conclu- South Side of Midway Road, struction within -100 feet of sion of the-subject hearing.For Southold, NY;-Cedar Beach `bulkhead .and ordinary high more information, please call Park Map No. 90, Lot 113; water mark along Long Island 765-1809 County Tax Map District 1000, Sound, for the proposed con- Dated December 31,.1987 Section 90,:Block 2, Lot•6. struction of open decks attach- BY ORDER OF THE 7:45 p.m: Appl. ..No. _3676- ed to existing dwelling.Location SOUTHOLD TOWN ANTHONXY; ROBUSTELLI. .of Property: 1400 Sound Beach BOARD OF APPEALS Recessed ,coin.-December 10, Drive, Mattituck,- NY; Capt. GERARD-P. GOEHRINGER, Kidd Estates Lot No.37;Coun- CHAIRMAN `I98.5 reque_sled). Linda Kowalski 7:50 P.M. Appi: No. 3681- ty Tax' Map Parcel No. ANTHONY AND ANGELA .1000-106-1-35. : Board Secretary 1T-1/7/88(2) .Variances to the Zon-. _- -ing Ordinance,Article III,Sec- - _ tion:100-31;Bulk Schedule, for approval of insufficient area and width_of two parcels proposed ,in this:pending division:of land,. :x rid: establishing establishing insufficient `sideyard setback of, existing - _dw¢iling and accessory storage - '"'` `building on vacant lot(Section ` 100-32).Locatiodof Property: Easf`:Side of,Deep Hole Drive, Mat-Muck,' NY; County Tax Map Parcel No.:1000-115-13-12.1 (pre4.,il:,and_.12),_. 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 successively, commencing on the . . . . . . . . . .. . .�. . . . . . . day of . . . . . . . . . . ., 19 . . . . . Sworn to before me this . . . . . . . ... . . . . . . . . . day of 19 .��. . . . . . . . . . . . r. . . . . . . . . Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires Gar 3,1 19 bs� 4�v r ubg� Southold Town Board 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 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' public. hearing will not start before the time allotted in the Legal Notice . If you have any questions , please feel fra'e to call our office , 765-1809 . Yours very ,t�.�r° 1 G RARDyP . G0EHRINGER CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - January 14 , 1988 Copies Mailed to the following 12/22/87 : Mr. Arthur V . Junge , 6880 Nassau Pt. Road , Cutchogue 11935 Mr. and Mrs . William Tuite , 1777 Harvard Ave , Merrick , NY 11566 Mr. and Mrs . Anthony Robustelli , 48 Revere Road , Manhasset , NY 11030 Marie Ongioni , Esq . as Attorney for Anthony & Angela Leone Patricia C. Moore , Esq . , Edson & Bruer , as Attorneys for Manfred E . Kuerner Guido and ' Anna Ciacia Anthony and Sally Pirrera Anthony B. Tohill , .Esq .. as Attorney for Edward and Barbara Betsch Mr . Thomas Zimmerman , 39 Eric Lane., New Hyde Park , NY 11040 Z . B. A. Chairman and Members with maps , etc . Delivered to the following 12/22/87 : Planning Board (Diane and Valerie ) Building Department ( Inspectors-2 ) Town Clerk Bulletin Board ZBA Office Bulletin Board Delivery to the Suffolk Times and L . I . Traveler on l / /88 ATTORNEYSATLAW MAIN ROAD-P.O.BOX 1 466 SOUTHOLD,NEWYORK 11971 LEFFERTS P.EDSON (516)765-1222 RUDOLPH H.BRUER (51 6)765-2500 PATRICIAC.MOORE December 18, 1987 Gerard P . Goehringer , Chairman Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Variance Application Manfred E . Kuerner Dear Mr . Goehringer : Enclosed please find the following: 1 . Notice of Disapproval from the Building Inspector 2 . Application in triplicate 3 . Notice to Adjoining Property Owners with affidavit and mailing receipts attached. 4 . Short Environmental Assessment form 5 . Completed ZBA questionnaire 6. Survey of existing and proposed construction ( copies) 7 . Copy of Certificate of Occupancy 8 . Letters ( 2 ) in support of this application from Mr . and Mrs . Hribok and Mr , and Mrs . Stewart. 9 . DEC determination that no permit is required 10 . Our firm check , in the sum of $150 . 00 , in payment of application fee . Please be advised that the Town Trustees authorized the issuance of a wetlands permit at their meeting last night. A copy will be provided to you as soon as possible . Sincerely, Patricia C. Moore , Es(V. PCM/df Encs . 1 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 i intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ariance (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adI'Iacent to our 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 garage and addition to existing dwelling, which construction will exceed allowable lot coveraa_e 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 right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7d5-1809. 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: 12//,f/87 Patricia C. Moore, btty. for Petitioner Petitioner Owners ' Names : Manfred E. Kuerner Post Office Address Main Road, P.O. Box 1466 Southold, N.Y. 11971 ti 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 STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) Mary Diana Foster residing at (No*) McCann Lane, Greenport, NY being duly sworn, deposes and says that on the /:_�' day of December , 19 87 , 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 Southold, NY ; that said Notices were mailed to each of said persons by (certified) (Rggig mail. J Sworn to be re me this day of ,UeceAiber 87 Notary ublic PATRICIA C.MOORE NOTARY PUBLIC,State of New York No.4861668,Suffolk County Commission Expires Juno 16,1988 (This side does not have' to be completed on form transmitted to adjoining property owners . ) FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy 1 No Za.. . . . . . . Date . . . . . . . . . . . . . . Oct. . . . . .�9 ., 19.?1. THIS CERTIFIES that the building located at .Carole Rood Street Map No. . .xx. . . . . . . . Block No. . . Ax. . . . .Lot No. . . x33cx. . . . .Southold N.Y. conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . .N . .2. 0. . . . .OV , 19 70. pursuant to which Building Permit No. . 5.05M. . . . . . dated . . . . . . . . .Nov. . .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.. f.amily. dwelling. ` . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . .M.. Kuorner. . . .Owner. . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . . .NCR. . . . . . . . ... . . . . , . . . . . . House # 40 Carole Rd �r►f C Building Inspector SHORT ENVIRONMENTAL ASSESSIM. . OW4 i INSTRUCTIOKSt (a) - In order to answer the questions in this short EAI' 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 studice, rocearch or other investigations will be undertaken. (b) If any question has been answered Yes the project rrny be significant and a completed Environmental Assessment Form is necessary. - (c) If all questions have been answered No it is likoly that ,this project in not significant• (d) Environmental Assessment .is . Will project result in a largo physical change to the project site or physically alter more than 10 acres of land? • • • • f• .. • Yes /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 largo affect on an existing. body of water? �.... Yea No cn b• Will project have a potentially largo impacb on groundwater quality? . • • • • 0 Yee No i� • 5• Will project significantly. effect drainage flow 0- N f1' an adjacent sites? • • • • • . . • • . • • Yn:i NO W� ?1 •L _J ! 6• Will project affect any threatened or endangered U J vi �: -Plant or animal species'? . . . . Yea 110 1 x n 7• Will project result in it major advorae effect on �'; = � � air quality? . . Yes No �. Will. project have •a major effect on visual char- ., aster of the community or scenic views or vistas .c o known to be important to the comunity? • o o Yes No 77 9. Will project adversely impact any site or struct, ure of historic) pro-historic, or paleontological importance or any site designated as a critical / environmental area by a local agency? • Yon ✓ !io 10• Will project have a major offoct on existing or / future rocreational opportunities? . Yes y No lie Will projoct.result• in major traffic problems or cause a major effect to existing transportation systems? . Yes y NO r 12• Will project regularly cause objectionable odors, nois,a ega vibration, or electrical ?rbY anceasaresultoftheproject'soperation Yes NO 13• Will project have any impact on public health or ` v safety: . . . . . . YL.s ✓ No 14, Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a ene-your period or have a major negative effect on the /.JIOI character of the community or neighborhood? Yes � 15• Is there public controversy concernin;; the project? Yes d No 21 PREPARER'S SIC!!A?UREs ��T/ TITLE: REPRESENTINC: /t? CJ� 2 GG?i�21�, DATE: .. c3(? r• 'QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH 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 other supporting documenta- tion. 1 . Are there any proposals to change or alter land contours ? Yes N6� 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 Nt' . *b) Are there any areas open to a waterway without bulkhead ? Yes Nc 3. Are there existing structures at or below ground level , such as patios , foundations , etc? Yes Ne 4. Are there any exj tin or proposed fences,' concrete barriers , decks , etc? �0-anc*zA-e bc � ) 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 : 5,M1t stood ft . Yes Due 6. If project is proposed for principal b it ing or structure , is total height at more than 35 feet above average ground level ? State total : ft . Yes N� 7 . Are there other premises under your ownership abutting this parcel ? If .yes , please submit copy of deed.. Yes 0 8. Are there any building permits pending on this parcel (or abutting land under your ownership , - if any ) ? Yes State Permit # and Nature : 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 N� Town Board Town Trustees _- `R"W. �}�,, ° �,� �-� Yes No County Health Department _ s c Village• of Greenport - Yes c N . Y . S . D . E . C. Yes Other Yes o 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 N� 12 : If new construction. is proposed in an area within 75 feet of wetland grasses, or land area at ah 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 requ-irements of Ch`. 97 of the Town Code ? 13. Please list present use or operations conducted upon the subject property at this time �lec�,y end and proposed \Jy6[& "cL &M � *Please submit photographs for the record . I certify t t the above statements 'are true and. are being submitted for relic e by the Bo d of Appeals in considering my application . Si gi cure Pro erty Otlner Au h i zed Agent 3/37 1 k e § 97-13 WETLANDS § 97-13 TOWN'— The Town of Southold. -� TRUSTEES — The Board of Trustees of the Town of Southold. [Added 6-5.84 by L.L. No. 6.10841 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L.No. 6-19851: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on, tidal waters,or-lands lying beneath tidal waters, which at mean low tide are covered by tidal water4* to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All, banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which F;rows or may grow some or any of the following: salt hay, black ( grass, saltworts, sea lavender, tall cordgrass;' high bush, cattails, groundsel, marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the m(ist landward edge of such a tidal wetland. B. . FRESHWATER �VETLjM)S: (1) "Freshwater %vetlands" as defined in �-,rticle 2.1, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, ( of the Environmental Conservation Law of the State _- of New York;and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in .Subsection I3(1)and lying with- in seventy-five (75) feet landward of the most land- ward edge of a"freshwater wetland." e 9705 z-es-85