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F S 0 uthold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.L. N.Y. 11971 d TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3641 Application 'Dated June 3 , 1987 TO: J . Kevin McLaughlin , Esq . [Appellant (s) ] as Attorney fo_r MR, 'AND MRS . BRETT KEHL 828 Front _Street ' P . O . Box 803 Greenport , New York 11944 At a Meeting of the Zoning Board of Appeals held on June. '1'8 ;. 1--987 , 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 Zonin Ordinance - Article III , Section 100-.32 (AI [ ] Request for Application of BRETT AND JANET KEHL for a Variance to the Zoning Ordinance , Article III , Section 100-32 A for approval of the construc- tion of an accessory building with height in excess of maximum 18 feet., or in the alternative , Article III , Section 100-31 (A) for permission to construct addition to dwelling with an :insufficient sideyard setback. Location of Property : 5500 Main Bayview Road , .Southold , NY; County Tax Map Parcel ID No . 1000-78-4-32 . WHEREAS , a public hearing was held , and concluded , . on June 18 , 1987 in the Matter of the Application of BRETT AND JANET KEHL under Appeal No . 3641 ; 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 . By this application , appellants request a Variance from the Provisions of Article III , Section 100-32 (A) of the Zoning Code for approval of the construction of a 24 ' by 32 ' accessory garage/storage structure at a maximum height , as defined by Section 100-13 , at 21 feet . (The total height from ground level to the top of the roof is 26 feet , and 25 ' 2" from the top of the roof to the top of the foundation . ) 2 . The premises in question is located along, the south side of Main Bayview Road , approximately 310 feet east of Corey Creek Lane , Hamlet of Southold , Town of Southold , and is iden- tified on the Suffolk County Tax Maps as District 1000 , Section 78 , Block 4 , Lot 32 . 3 . The subject premises is located in the "A" Residential and Agricultural Zoning District , contains a total lot area of . 60± of an acre , and is improved with the following structures : (CONTINUED ON PAGE TWO) DATED: June .18 , 1987 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal . No . '_:3641 . . . . . . Matter of :B_R_E.TT. 'AND '.JAN.ET .KEHL. Decision..R0nd0red June..18 198.7 (a ) two-story , single-family frame house set back approximately 39 feet from the front. property line along Main Bayview Road , _2.6 feet from the easterly (side ) .property_ li.ne ; 47 feet from the nearest westerly (side ) property line , and 98± feet from the nearest rear (southerly ) property • line ; (b) accessory building (depicted "shop" on the survey dated Aug . 26 , 1954 prepared _ by Otto W. VanTuyl & Son , and updated June 12 , 1987 by Roderick VanTuyl , P . C . ) set back 43± feet from the nearest (easterly) property line and 92± feet from the front property line , and of a size . 12 ' by 20 ' ; (c ) ,accessory garage structure of a size 15 ' by 10 ' and situated ll± feet from the nearest rear property line ; (d ) accessory chicken coop structure of an approximate size 4 ' by 7 ' situated on the rear property line at the most southwesterly corner; (e ) the subject 241. by 32 ' accessory garage structure set back not less than six feet from the nearest westerly. (side ) property line and 65± feet from the front property line . 4 . For the record it is noted that a Certificate of Occupancy of Nonconforming Premises #Z13913 was issued October 9 , 1985 for structures (a ) , (b) , (c ) and (d) , supra , and that Building, Permit #15142Z was issued July 28 , 1986 for the accessory garage/storage structure of a size 24 ' by 32 ' and 2.6 feet high , with one garage level and storage above , and is pending at this time . 5 . Article III , Section 100-32 (A) permits the construction of an accessory structure for storage and garage purposes accessory and incidental to the residence in the rearyard only and at a. maximum height of 18 feet . 6 . It is the position of this Board that ' the difficulty cannot. be obviated by some method feasible for applicants to pursue other than a variance , particularly in view of the fact that the accessory building has been constructed and appears to be in accordance with the pending Building Permit. In considering this appeal , the Board also finds and determines : (a ) the relief requested is not the minimal necessary ; (b) the difficulties claimed are sufficient to warrant the granting of this variance ; (c ) there is no other method feasible for appellants to pursue other than a. variance ; (d ) the circumstances are unique ; (e ) the granting of the relief, as conditionally noted below ,- is within the spirit of the zoning ordinance; (f) in view of the manner in which the difficulties arose and in view of all the above .factors , the interests of justice will be served by granting relief, as conditionally _Page 3 - Appeal No . 3641 Matter of BRETT AND JANET KEHL Decision _ Rendered June 18 , 1987 noted below . Accordingly , on motion by Mr . Goehringer , seconded by Mr . Sawicki , it was RESOLVED , to APPROVE the construction of a 24 ' by 32 ' accessory garage/storage buildingat a height of 21 feet and SUBJECT TO THE FOLLOWING CONDITIONS: 1 . Accessory building to remain the size requested of 24 ' by 32 ' without additions or expansions . 2 . Accessory building not to exceed height requested of 21 feet (height- as defined by Section 100-13.) as exists ; 3. No overhead or other lighting which will be adverse to neighboring. properties ; 4. No sleeping or habitable quarters and shall be limited to storage and garage use incidental and accessory to residence ; 5. Setback from nearest westerly property line shall not be less than six feet , as requested . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was unanimously adopted . lk GERARD P . . GOEHRINGER, C7iAIRMAN June 23 , 1987 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN , pursuant to Section 267 of the Town Law and the Code of the Town of Southold , the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall , Main Road , Southold , New York , on THURSDAY , 'DUNE 'l'8 , 'T987 , at the following times 7 : 35 p .m. Appl . No . ' 36.05 - TED DOWD. Variance for Approval of Access pursuant to New York -Town Law , Section 280- a , over a private right-of-way located off the north .side of the Main Road , Southold , and extending to the applicant ' s premises , identified on the Suffolk County Tax Map as District 1000 , Section 56 , Block 1 , Lot 5 . 1 (5 ) , containing 7 . 3± acres . 7 : 40 p .m. Appl . No . 3632 - Rehearing on Amended Application of NORTH FORK E.ARLY 'LEARNING CENTER. Variance to the Zoning Ordinance, Article III , Section 100=30 (A) to permit the estab- lishment of a Day-Care Center , at premises referred to as the Veterans Community Center , north side of Pike Street , east side of Wickham Avenue , and south side of Hill Street , Mattituck , NY ; County Tax Map Parcel ID No . 1000- 140-2-39 , containing 1 . 75± acres . 7 :45 p .m . Appl . No . 3637 - C . KAPOTES AND A. HOMAYUNI . Variance to the Zoning Ordinance , Article III , Section 100-31 (100-32 ) for permission to construct deck addition to dwelling with an insufficient frontyard setback from Soundview Avenue . Location of Property : East side of Goldin Avenue and south side of Soundview .Avenue , Southold , NY ; County Tax Map Parcel ID No . 1000-135-2-22 . 7 : 50 p .m. Appl . No . 3641 - BRETT AND JANET KEHL . Variance to the Zoning Ordinance , Article III , Section 10('-32 (A) for approval of the construction of an accessory building with height in excess of maximum 18-feet , or in the alternative , Article III , Section 100-31 (A) for permission to construct addition to dwelling with an insufficient sideyard setback . Location of Property : 5500 Main Bayview Road , Southold , NY ; County Tax Map Parcel ID No . 1000-78-4-32 . Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 18 , 1987 7 : 55 p .m. Appl . No . 3634 = RICHARD F. MULLEN , JR . Variance to the Zoning Ordinance , Article XI , Section 100-119 . 1 (A) for permission to erect fencing in the frontyard area with a maximum . height of six feet . Location of Property : East Side of Cottage Place , Southold ,. NY; County. Tax -Map District .1.000., Section 62 , Block 3 , Lot. 19: 8 :05 p .m. Appl.. No . 3412 as Amended - WILLIAM MOORE and BENJAMIN 'HERZWEIG.---- Variances to the Zoning Ordinance , Articles : (a ) XI , Section 100- 119 . 2 for an insufficient setback from wetlands area , and (b) III , Section 100-31 for an insufficient frontyard setback , for a proposed single-family dwelling structure at premises known as 675 Meadow Lane , Mattituck Estates Map #4453 , Lot #42 , Mattituck , NY ; County Tax Map District 1000 , Section 115 , Block 05 , Lot 007 , containing . 51 ± acre . 8 : 20 p .m. Appl . No . 3629 - IRWIN AND SONDRA THOMPSON . (To . be reconvened) . 8 : 30 p .m . Appl . No . 3543 - PETER AND BARBARA HERZ . (To be reconvened-) 8 : 40 p .m. Appl . No . 3640 - FRANK AND EDITH SAWICKI . Variance for approval of insufficient width of three parcels in this pending Minor Subdivision , each having a. minimum lot area of 80 ,000 sq . ft. Location of Property : north side of C. R . 48 (a/k/a North Road ) , Southold , NY ; County Tax Map Parcel ID No . 1000-51 -3-12 . 1 , containing 15± acres . 8 : 50 p .m. Appl . No . 3625 - PUDGE CORP . Resolution concluding hearing . (No oral testimony . ) 8 : 55 p .m. Appl . No . 3638 - JAMES AND MARY TYLER . Special Exception modifying Appl . No . 3400 to permit vehicle doors facing street side as constructed in this establishment of a public garage under Article VII , Section 100-70 ( B ) [4] of the Zoning Code . Location of Property : 6795 Main Road , Laurel , NY; Mattituck Holding Co . Minor Subdivision Lot #3 ; County Tax Map District 1000 , Section 125 , Block 1 , Lot 19 . 6 . Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 18 , 1987 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 conclusion of the subject hearing . For more information , please call 765-1809 . Dated : May 21 , 1987 . BY ORDER OF. THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . -GOEHRINGER, CHAIRMAN _Linda Kowalski , Board Secretary -------------------------------------------------------------------x Notice to Newspapers : Please publish once , to wit , June 11 , 1987 and forward two affidavits of publication to : Board of Appeals , Main Road , Southold , NY .1. 1971 on or before June 15th . Thank you . ------------------------------------------------------------------x FORM NO.3 'I OWN Or. SOUTHOLD BU1LIANG DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date .,1• . . . . . . . . . . 19 .g 7 . File No. . . L. . . To ,a .` / .Q A. PLEASE TAKE NOTICE that your application dated �• • • • • • • • • • • • •• for permit to construct . • . S��C. .u�.L R„ . . . . . . . . . . . . . . . . . . . . .It ,�..� ed. Location of Property � � • •�'•""� • • Street H.;m%e i House No. County Tax Map No. 1000 Section . . . . CQ.`7. . . . . Block . . . . . . .4. ' . . . I,ot . . . . �. . . Subdivision Filed Map No. . . . . . . . . . . . . . . . . 'Lot No. . . . . . . . . . . . . . . . . • is returned herewith and disal'prOMI on the following grounds .1 . . . . . . . . . . . . . . . � .�3'r.o . . . . . . . . ':. . . . . . . . . • . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . ..�. r . . Q . . . . . . . . . . �.S- . . . Building Inspector RV vz:o �, "le ro 131 a FORM NO. 1D TOWN OF SOUTHOLD JUL 2 4 W6 BUILDING DEPARTMENT . .�.�� TOWN HALL BLDG. DEPT.SOUTHOLD, N.Y. 11971 TOWN OF sourHo�® TEL.: 765-1802 �d ,xamined . . �. . . ., l .`a Received . . < . . . . . . . . , 7 g . , . ,pproved 19& Permit No. )isapproveda/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 (Building Inspector) I APPLICATION FOR BUILDING PERMIT Date . . :7.A. . . . . . . . . ., 19 INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector,with 3 is of plans,accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- tion. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit all be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy all have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the iilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or ;gulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. ze applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to mit authorized inspectors on premises and in building for necessary inspections. (Signature of a'icant, or name, if(�a corporatio(n�) SSOV. . . 1�1i� �A�{J;t ! Zv,C ��cx 6�J,!•. (Mailing address of applicant) 1(91 7 :ate whether. applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. OW NEIZ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ame of owner of premises . . . . . . . .`��^L. . . . . 11i►.►t� . : :. . . . .i - . . . . . . . . . . . . . . . . . . . . . . . . . . . (as on the tax roll or latest deed) applicant is a corporation, signature of duly authorized officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Name and title of corporate officer) Builder's License No. .&ir.e!.j .�•. ��`�-. `�.�. . .�� '� � Plumber's License No. . . .�o. . . �. . . e,It.� c . r Electrician's License No. ( r Other Trade's License No. Location of land on which proposed work will be done. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �5sda A��u. y� . . . . . . . . . . : . . . . . . . . . .scluAl . . . . . . . . . . . .. House Number Street Hamlet County Tax Map No. 1000 Section . . . . .©PM . . . . . . . Block . . .a . . . . . . . . . . . . Lot . . . . 631a. . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . : . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . Lot . . . . . . . . . . . . . . . (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . . . . . . . AT-AoT.I`'. . . . . . A9f-A . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . j �. :-tended use and occupancy C� STQQqq' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;u44ture of work (check which app )le).: New Building . . . . ... . . . . Addil . . . . . . . . . . Alteration . . . . ... . . . Repair . . . . . . . . . . . . . . Removall . . . . . . . . . . . . Demolition . . . . . . . . . . . . . . Other Work MW.C4N�-EI?kCj.T 4. Estimate . . . . . . . . .�.I®o�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Description). . d Cost . . Fee (to be paid on filing this application) 5. If dwelling,number of dwelling units . . . . .`, Number of dwelling units on each floor . . . . . . . . . . . . . . . . If garage,number of cars . . . . . . . . . . . . . . .CAk. . n0y 6. If business, commercial or mixed occupancy, specify - a ure and extent of each type of use . . . 77777, . . . . . . . . . . . . 7. Dimensions of existing structures,if any: Front . . . . ��. . . . . . . . Rear . . . ..13 Depth . . . Height . . . .�P . . . . . . . . Number of Stories . . . . . Dimensions,of same structure with alterations or additions: Front . . . . .. . . . . . . . . . Rear Depth . . . . . . . . . . . . . . . . . . . . Height . . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . . 8. Dimensions of entire new construction: Front `s Rear . . `� D pth ?' Height .-.07�. . . . . Number of Stories . . . . . . . .r. .J- Aroic�C . 9. Size of lot: Front . . J4�3: i . . . . . . . . . . . . . . . . .®. . . . . . . . .D. th • r270� ). All*. . Rear . . . . . � , 10. Date of Purchase �� (ELT, , S Name of Former Owner . . .�A"u1, .�fn t1, 11. Zone or use district in which premises are situated . . . . : . . . . . . . . . . . . . . 12. Does proposed construction violatg any zoning law, ordinance or rebulation: .N 13. Will lot be regraded . . . . . .11 E�. . . . . . . . . . . . . . . Will excess fill be removed from . mises: Yes 10 14. Name of Owner of premises .1 �sir . .D: K ►�� , . . . . Address Ssa°. ,t'1{1;*� hon�e No. ,7,fys, -P40 Name of Architect . Address . Phone No. Name of Contractor .6 N,4-:P-:•J. -K- .3 . . . . . Address �� . zAw,�t f� , Phone No. .� '': t7°3 . . . .✓. . 15. Is this property located within 300 feet of a tidal wetland? *Yes . . . . . No . . . . . *If yes, Southold Town Trustees Permit maybe required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and,indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. `SEE ATr1 c.�AFD STATE OF NE�,YQRK`:OUNTY O S.S "�. . . . . . • • • .. • • • • ��'' • • • • • • • • . . . . . . . . . . being dul sworn de poses and sa Y p ys that he is the applicant (Name of individual signing contract) bove named. ��ss ,r� ((�� ,+ rr le is the . . . . . . . . . .OWM�k`. . . . . lc�OttA��o(-. . . . . .►:'.�&re.'^�.�,: .�./��,{ �P.�t G C. �. , ��E . . . . . . . . . . . . . . . . . (Contractor, agent, corporate officer, etc.) f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this pplication; that all statements contained in this application are true to the best of his knowledge and belief;and that the ,ork will be performed in the manner set forth in the application filed therewith. worn to before me this`'►, .day of. . . . . . . . .119 .g otary Public, kounty MARY BESS PHIL PS .NOTARY PUBLIC, Stato of New York No. 4690915 . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . Quolifind in Suffolk G �� (Signature of applicant) 4bmmission Expires MOW m_ RECEIVED -1 i:j0 'qrrl JON Q 31907 TOWN OF SOUTHOLD, NEW YORK Town 4f M&kIJROM DECISION OF BUILDING INSPECTOR APPEAL NO.34411 DATE ..5 Z..:...� 7............ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 (We) Brett and Janet Kehl of 5500 M ....ain BaXview,.Road..................... . Name of Appellant Street and Number Southold New York HEREBY APPEAL TO .............................................................................................. ..... ........ Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ..151422 DATED .........July,,2.8 ,, 19,86 .. . . .. WHEREBY THE BUILDING INSPECTOR DENIED TO Brett and Janet Kehl ................................................................................. Name of Applicant for permit of 5500 Main Ba view Road Southold New York .......... ......................... ...... ....... ..... ..... .. ... ...... .. ..... .......... .... Street and Number. Municipality State ( ) PERMIT TO USE (X ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .5500 Main..BaXview. Rd....,...Southold Residential ... . .................................... Street /Hamlet / Use District on Zoning Map District 1000 Section 78 B1ock04 Lot 32 Current Owner Brett and Janet Kehl......................0........................... .....................:. Mop No. 100 L L ot No. 32 Prior Owner Paul Smith 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 (A) or 100-32 (A) 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 for either a side yard variance or a height ( ) variance. is requested for the reason that after receiving a building permit, I completed the building in accordance with the specifications submitted. Thereafter, I was denied a Certificate of Occupancy on the basis that the height of the garage exceeds the allowable accessory building height. As a result, it is necessary to request either a height variance or a side yard variance to allow the garage, which can be attached to the house by a wooden walkway, to remain in its present location. Form zBl (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because applicants applied for and received .a builidng permit (no. 151422) to construct a .detached garage on the subject premises. Applicants proceeded to construct said garage as per the submitted plans. Upon completion of the structure, applicants were denied a Certificate of' Occupancy on the basis that the accessory building was in excess of 18 ' high. The applicant would be required to expend considerable time and money .in order to rectify this. situation, which was the result of an oversight by the Building Department in reviewing our plans. 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 applicants obtained a building permit ,after filing an application and plans with the Building Department. The applicants constructed the detached garage in good faith reliance on said permit. The applicants have been denied a Certificate of Occupancy on the basis that the garage exceeds the maximum height for an accessory building even though the garage was built in accordance with the submitted ..plans. 3. The Variance would observe the spirit of the Ordinance and 'WOULD NOT CHANGE THE CHARACTER *OF' THE DISTRICT because the garage can be attached to the house and the side yard variance requested will not change the character of the district. The garage has been built to blend with the existing house. The side yard variance would be minor. Alternatively, the height variance would .not be so substantial as to change the character of the district. STATE OF NEW YORK ) : , � COUNTY OF,� Signature Swornto this ........... .... .......... ....1...... c..... day of.............. ... ................................ 19 ............ .L.. .L. �... -. t . ................... No ary c J. KEVIN MCLAUG IN Notary Public, State ew York Qualified in Albany County / My Commission Expires March 30, •1 TOWN OF SOUTHOLD PROPERTY RECORD CAR® OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N E� ACR. S W TYPE OF BUILDING �w ofin4 trr RES. � SEAS. VL. FARM OMM. CB. MICS.J Mkt. Value Op LAND IMP. TOTAL DATE REMARKS --- - ,S QC➢o-05 S�/� ���Ja��4 arP 0 0 o?a a o / / 7 b' 9�a s �3 s� - 3� -e. Y,- RC. .S'� 70O �}-oo © 4V70a S�S�� �N i Fes;/-o- / i 7=T- /D.S I AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM I Acre Value Per Value Acre Tillable FRONTAGE ON-WATER Woodland FRONTAGE ON ROAD Meodowland - -- — DEPTH House Plot BULKHEAD Tot�r---�' - - - � DOCK - --- -- - - _ -- --- -- ---- NN -. . ■■■■■�t�m�h.'1■■■■■■■ � ■■■■■■ ■■n■■ ON ■■■■■RI■M"'A■■■■■■■■■■■■■■■■MEN MERIONWORNMENEEMEMEME ■■n MEN EMIMEMEMINIZOMME No ME Emil --W■■■■■■■■■■■■0 p ' ■■■■■■■■■■■ ■■n . ■■■■■■■■■■■ Dinette • !Interior _ _I . MA.I N QAYVI E`N rZOQ.D AT-COQE-Y CREEi/—LANE. 1� -- ----,— SS1 CO E_ 123_14 �— PlR I _ _ - ` 1 A2EA=0.6-03AC. _" . .. fy o x i J°moU l PIPE \ SUFF:CQ,TA5C cIIAP DAiA;ItOW-073-_32". ; y � % s G_UA2AN EED i?� LONG l5LAj jG.1"011Iz GE C-0raP ;. `• _ m c Y �p. .('�(¢� is o violation of �� "r7T.' •l?"O\S .( g 'wn 7909 d thn Now.Y ork etd® P / ll/ -r to ollnw. ,J QF NFL a u, ve i trap tocl o7odn;7 �-a.+� a`T PACK VAb a Ie'1d su •eyo%e inkod anal a t 'sm...to .coal shril mt bn wnsfdsted •, ��y �� G be a vxi�d iron tc;,y. `•` �'�� ; � , \ Csuarantrr tl in3ictte''.her•on sM➢r n `/_... `a Q 1,E,-PO4G 1� only to tht genon ft�whom the eunoy - Is pra,+etsd,arxi on his behalf to 4'�e F2 4 6`L 4. - title tomaeny,Eevvrmonw,o�anty end - S S 25 ` - - - Ienemiz institution listed hereon end' - - FD LAND SJ . - to the:enigno&s of tht lamina,nab- - . arnn.Gwe.r,'Geo aw not transtomble 1w lent � � Southold Town hoard of Appeals o YK,: .. 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. JOSEPH H. SAWICKI JAMES DINIZIO, JR. . ACTION OF THE BOARD OF APPEALS Application of BRETT AND JANET KEHL for a Variance to the Zoning Ordinance, Article III, Section 100-32, .and removal of Conditions rendered under Appeal No. 3641 on June 18, 1987 in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. WHEREAS, a public hearing was held and concluded on October 6, 1988 in the Matter of the Application of BRETT AND JANET KEHL under Application No. 37 8 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 made the following findings of fact: 1. The premises in question is located along the south side of Main Bayview Road (House 45500) , approximately 310 feet east of Corey Creek Lane in the Hamlet of Southold, Town of Southold, and is more particularly shown on the Suffolk County Tax Maps as District 1000, Section 78, Block 4, Lot 32. 2. The subject premises is located in the "A" Residential and Agricultural Zoning District, contains a total lot area of .603 of an acre, and is improved with the following structures, as more particularly shown on the Survey as Amended March 30, 1988 for proposed lot line change and prepared by Roderick VanTuyl, P.C. : (a) two-story, single-family frame house set back approximately 39 feet from the front property line along Main Page 2 - Appeal No . 3778 Matter of BRETT AND JANET KEHL Decision Rendered October 26 , 1988 Bayview Road , 26 feet from the easterly (side ) property line , and 98± feet from the nearest rear [southerly] property line ; (b. ) the subject 24' by 32' accessory garage structure set back approximately 19 feet from the nearest westerly {side} property line and 65+- feet from the front property line. 3 . By this application, Appellants request permission to relocate existing dwelling-and-kitchen use from the main building to the area of the subject new construction (now an accessory building) which is proposed to be the new single-family dwelling structure, following expansion and completion, and removal of the existing building (presently the main dwelling which is in very poor condition) . 4. For the record it is also noted: (a) a Certificate of Occupancy of Nonconforming Premises ##Z13913 was issued October 91 1985 for structures (a) , (b) , supra , etc . ; (b) Building Permit 415142Z was issued July 28, 1986 for the accessory garage/storage structure of a size 24' by 32 ' (26 feet high) , with one garage level and storage above, pending at this time; (c) the Southold Town Planning Board on July 11, 1988 approved the lot-line change pursuant to the Survey Map prepared by Roderick VanTuyl, P.C. , amended June 27, 1988, which straightened the lot line between this parcel and the westerly parcel by adding approximately 750 sq. ft. of land area. It is understood that this change was granted to allow more of a sideyard setback for the construction in question, a minimum of which 10 feet is required under Column "A" of the Bulk Schedule of the Zoning Code for a principal dwelling structure. Page 3 - Appeal No. 3778 Flatter of BRETT AND JANET KEHL Decision Rendered October 26, 1988 5. Article III, Section 100-32 of the Zoning Code permits accessory structures for storage and garage purposes accessory and incidental to the residential use of the premises, in the rearyard only, and at a maximum height of 18 feet. 6. Under the prior Appeal (No. 3641) rendered June 18, 1987, a variance was granted for the structure, as built, with conditions and in accordance with plans as filed under Building Permit #15142Z at a total height from ground level to the top of the roof 26 feet, and 25' 2" from the top of the roof to the top of the foundation. 7. The Appellants have assured this Board that in no event will the premises ever be used by more than one single-family dwelling unit, and only one kitchen will exist at any one time. 8. In considering this appeal, the Board finds and determines: (a) the relief requested is minimal and is not unreasonable, under the circumstances; (b) the difficulties claimed are sufficient to warrant the conditional grant of this variance; (c) there is no other method feasible for appellants to pursue other than a variance; (d) the circumstances are unique to the property and are not personal in nature; (e) the granting of the relief, as conditionally noted, is within the spirit and intent of the zoning code; (f) in view of the manner in which the difficulties arose, and in view of all the above factors, the interests of justice will be served by granting the relief requested, and as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested under Appeal No. 3778 in the Matter of BRETT AND JANET KEHL for permission to relocate kitchen from the existing structure into the new rear construction, during the reconstruction of the subject accessory building into a new principal dwelling structure, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Proper permits are issued for the construction (or reconstruction) of a single-family dwelling (in accordance with Page 4 - Appeal No. 3778 Matter of BRETT AND JANET KEHL Decision Rendered October 26, 1988 2. This variance is granted for a period of 18 months from the date of issuance of the Building Permit referred above, and will be allowed one extension at the discretion of the Board of Appeals; 3 . The existing kitchen facilities must be removed from the existing structure; in no event will more than one kitchen area be permitted upon the entire site at one time; 4. Upon the. application for a Certificate of Occupancy for this construction (or reconstruction) , a Certificate of Occupancy may be issued and shall state only "single-family dwelling use" (-not to be a second dwelling use) ; and the Certificate of Nonconforming Premises #Z13913 issued October 9, 1985 shall no longer be in full force or effect. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent were Members Sawicki and Doyen, due to serious family illness. ) This resolution was duly adopted. lk r GERARD P. GOEHRINGER Yy CHAIRMAN cl' f{� �� z Sousdhold Tow' n Board ®fAppeals `, � n ' �'✓g ' M � 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 June 23 , 1987 J . Kevin McLaughlin , Esq . 828 Front Street , P . O . Box 803 Greenport , NY 11944 Re : Appeal No . 3641 - Brett and Janet Kehl (Variance ) Dear Mr . McLaughlin : 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 ATTORNEY AT LA 828 FRONT STREET,P.O.BOX 803 GREENPORT,NY 11944 (516)477-1016 June 16 , 1987 Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Appeal of Brett and Janet Kehl Dear Linda: I have enclosed a copy of the survey dated June 12 , 1987 , showing the two-story garage which is the subject of this appeal. According to the survey, the garage is approximately six feet from the sideyard of the premises. As we previously discussed by telephone, our first preference is to receive a height variance for the detached garage. Very tru y y ur , C. J vin Nc ug in JKM/lg Enclosure ATTORNEY AT LA o 41.� 828 FRONT STREET,P.O.BOX 803 t GREENPORT,NY119441 �p3e �gi (616)477-1016 June 9 , 1987 Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Appeal of Brett and Janet Kehl Dear Linda: I have enclosed a copy of the existing certificate of occupancy regarding 5130 Main Bayview Road, Southold, New York (Tax Map No. 1000-078-04-032) . The height of the ridge on the new garage is 26 ' to the ground and 25 ' 2" to the top of the foundation. Very truly yours, ji "incLau4g JKM:kk Enclosure TOWN OF SOUTHOLD OFFICL OF BUILDING INSPECTOR TOWN HALL ' SOUTIIOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREh'IISES - TIIIS IS TO CERTIFY that the /X/ Land , Building(s) Pre C.O. #- Z13913 /�/ TJSP(sj Date- Oct. 9 , 1985 located at 5130 Main Bayview- Rd. Southold SCrecs't Hainlet shown on County tax neap as,District 1000, Section 078 Block 09 Lot 032 does�not�conform to the present Building 'Lone Code of the Town of Southold for the following reasons: Insufficient total area. Insufficient set-back on accessory structure ( chicken coop . ) , On the basis of information presented to the Building Inspector's Office, . . it has been determined that the above nonconforming /X/Land / x/ Buildings) /_/Use(s) existed on the effective. date the present Building Zone Code of the Town of Southold, and may he continued pursuant to..ard subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certifi- cate is issued is as follows: Property contains a two story, one family, wood framed dwelling with an attached Porch. Pro ertalso contains an accessory work-shop and an accessory garage. property situated in the A=Residential-A ricultural Zone with access to Main a view Rd. . a Town maintained Rd. The Certificate is issued to SMITH PAUL (owner,.-1essee-o=-tenant) of the aforesaid building, . Suffolk County Department of Health Approval N/A - UNDERVVRITERS CERTIFICA'T`E NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above premises Ii4S , NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- �: for to determine if the premises comply with all applicable codes and ordin- ances, other than the I3uildino' Zone Code, and ;therefore, no such inspection has been conducted. This Certificat w e, therefore, does not, and is not `intended to certify that the premises comply with all other applicable codes and regula- tions. Buildinc, inspector Ln T Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD June 18. 1987 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S.E.Q.R.A. SERGE DOYEN, ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO. : 3641 PROJECT NAME: 'B'RETT 'AND' 'JANE'T 'KEH'L `-- 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: [: ] Type II [X ] Unlisted [ ] DESCRIPTION OF ACTION: Accessory building with height in excess of maximum 18 feet, or in the alternative, addition to dwelling with an insufficient sideyard setback. LOCATION OF PROJECT: Town: of Southold, County of Suffolk, more particularly known as: 5500 Main .Bayview .Road, Southold, NY 1000-78-4-32 REASON (S) SUPPORTING THIS DETERMINATION: (1) . An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Information has been submitted by applicant or his agent indicating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands. 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 IVI -AY v v\t o 4 AZ(:',VT . ,.zlOO 'To aqy . ATE2 eNUE 5 Sl 'OO .F IZ3.l'i ;y Po Z,-N rz I � W "0 ;', Z STORY i — F?AtAr— Nose w Cf��I r A D •o ayv __ - -�- ' do 1 3Q"E` 50.?aD shop f { d A73C! • � v 3�7b� ai.. d3N�b11.H M - 1+ 60 0 M I y0 L I i 4 ! Sr-AIE AZ+=a 0, 603 Ac E rJ - MoNuMmaT • l NOTICE OF HEARING NOTICE . IS• HERI GIVEN,pursuant to Section of the Town Law and the Code of the Town of Southold,the follow- m Appi ivo. ���'as 3F NEW YORK ing public hearings will be held 8:05 p• — WILLIAM SS: by the SOUTHOLD TOWN Amended LS at a MOORE AND BENJAMIN BOARD OF APPEA OF SOFFOLK I Regular Meeting at the Southold 1�•' HERZWOrd Ordinance, t Articles: a) Town Hall, Main Road, South- Zoning ton 100 119.2 for an in old, New York, on '>tHURS- XI, ack d Wi 11 iams of Greenport, in DAY,JUNE 18,1987,at the fol- a ea,land(bbIII,Sectione100 31 -- - --- lowing times: 7:35 p.m. Appl. No. 3605 —, for an insufffcien9 single fam- nty, being duly sworn, says that he/she IS TED DOidD. Variance for Ap back,for a proposed I Clerk of THE SUFFOLK TIMES, a Weekly ily dwelling structure at prem- proval of Access pursuant to i ' ilea known as 675 Meaadllowow far, published at Greanport, in the Town New York Town Law, Section 2ao-a, over a private right-of- 'I Lane, Mattituck Estates Map 'old, County of Suffolk and State of Now way located off the north side of #4453,.Lot#42;Mattituck,NY; . the Main Road, Southold, and County Tax Map District 1000, d ghat the Notice of which the annexed is extending to the applicant's Section 115, Block 05, Lot 007, i copy, has been regularly published in premises, identified on the Suf- , containing•51± acre. 1 folk County Tax Map as District •,i 8:20 p.m. APP1 No. 3629 — IVspaper once each week for 1000,Section 56,Block 1,Lot 5.1 ' IRWIN AND SONDRA 11 th (5),containing 7.3±acres. I THOMPSON• '(To be recon- iccessively, commencing on the 7:40 p.m.Appl.No.3632—Re- _. vened) hearing on Amended Applica- •8:30 p.m. Appl. No. 3543 — tion of NORTH FORK EARLY PETER AND, BAR•BARA LEARNING CENTER. Vari- HERZ.(To be reconvened) ante to the Zoning Ordinance, 8:40 p.m. APPI• No. E36D4TH Article III,Section 100-30(A)to FRANK AND �C= "- L -t _LLL v•s's� -� ?� t permit the establishment of a SAWICKI. Variance for ap- Principal Clark of Day-Care Center, at premises prova1 of insufficient "lending dth referred to as the Veterans three parcels in this p Community Center, north side Minor Subdivision,each having of Pike Street;east side of Wick- a minimum lot area of 80,000 sq. a ora me this_ ham Avenue, and south side of ft..Location of Property: north � Hill Street, Mattituck, NY; side of C.R.,48 (aikla North - 19 MARY K.DEGNA New York NOTARY pj)til c,State of 8 County Tax Map Parcel ID No. Road), Southold, NY; County �, �_ �r1)te)k Critutity No.g49 6 1000-140-2-39, containing Parcel ID No.1000-51- Tel rl l x;,iit"fet?roar 1.75± acres. 3-12I1 Tax a containing 15±acres. 7:45 p.m.Appl.No. 3637—C. 8:50 P•m. APPI, No. 3625 — KAPOTES AND A. HOMA- pU 0 CORP. Resolution YUNL Variance to the Zoning hearing. (No, oral Ordinance, Article III, Section concluding 100-31(100-32)for permission to ermi teastimony.). p I 8:55 p•m• APPI• No. 3638'— construct deck addition to dwell- JAMES AND MARY TYLER. ing with-an insufficient front- special Exception . modifying ' yard setback from Soundview P ermit vehicle Avenue. Location of Property: Appl.No.3400 to p doors facing street side as con- East side of Goldin Avenue and strutted in,his establishment of south side of Soundview Avenue, Article under a public garage und Southold, NY;County Tax Map a Section'10o-70( er of the . Parcel ID No.1000-135-2-22. Zoning Code. Location of Prop 7:50 p.m. Appl. No. 3641.— y; 6716 Main Road, Laurel, a BRETT.AND JANET KEHL. NY' Mattituck Holding Co. Variance to the Zoning Ord i- a Minor ..Subdivision Lot 03; County Tai. Map District 1000, nance, Article III, Section. 100- j Section 125,Block 1,Lot 19.6. 32(A) fora The Board of Appeals will approval of the con- lace all struction of an accessory build- hear at said time and p ing with height in excess of persons or.representatives desir- maximum 18-feet, or in the al- ing to be heard in each of the ternative, Article III, Section above matters. Each hearing 100-31(A)for permission to con- will not start before the time al. atruct addition to dwelling with i ' lotted. Written comments.nay an insufficient sideyard setback, i be submitted prior to the concllu� Location of Property:6500 Main sion of the subject he call Bayview Road, Southold, NY; I more information, please County Tax Map Parcel ID No. 765-1809. 1000-78-4-32, Dated:May 21,1987. 7:55 p.m. Appl. No. 3634 BY ORDER OF RICHARD F. MULLEN, JR. THE SOUTHOLD TOWN Variance to the Zoning Ordi- BOARD OF APPEALS nance, Article XI, Section 100- I GERARD P.GOEHRINGER, 119.1(A) for permission to erect CHAIRMAN fencing in the frontyard area Linda Kowalski, with a maximum height of six L'oard Secretary feet. Location of Property: East 1TJII-5625 Side of Cottage Place,Southold, NY; County.Tax Map District 1000,Section 62,Block 3,Lot 19. NOTICE OF HEARINQQ ,•I NOTICE IS HEREBY GIV- EN,pursuant to Secti6n'267 of COUNTY OF SUFFOLK the Town Law'and the Code of'' ss: the Town of Southold, the:..-: STATE OF NEW YORK following public hearings will be held by. the. SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the ;'' 8:05 p.m:`App1:No. 3412as ing duly sworn, says that she is the Southold Town Hall, Main Amended-WILLIAM MOORE"' Road, Southold, NY, on �ND„�r�rNJA> IN HERZ G ISLAND TRAVELER-WATCHMAN, THURSDAY,JUNE18, 1987,at ; '>'..�VE,1G. Variances tothe,Zoning" printed at Southold, In Suffolk County; the following times: Ordinance,Articles:(a)XI,Sec- tion 100-119.2 for an insufficient if which the annexed is a printed copy, 7:35 p.m. Appl. No. 3605- setback from wetlands area and TED DOWD.•Variance for A in said Long Island traveler Watchman p- (b)III,Section 100-31 for an in- proval of Access pursuant•to sufficient frontyard setback, for' weeks New York Town Law, Section a proposed single-family dwell- 280-a, over a private right-of- ing structure at premises known way located off the north side of c i n g on tile . . . . . . . . . . . . . . . . . . . . . . the Main Road, Southold, and �� as 675 Meadow Lane,Mattituck extending to the applicant's ; ' Estates Map No.4453, Lot No. �: � premises,identified on the Suf: 42..Mattituck,NY;County Tax , 19 . . . . . folk County Thx Map as District Map District 1000,Section 115, _ . 1000, Section 56, Block d, Lot Block 05, Lot,007, containing 51± acre. - - 5.1 (5), containing 7.3 t acres: 7:40 p.m. Appl. No. 3632. 8:20 p.m.Appl. No.3629-1R°r' Rehearing on Amended Ap- WIN AND SOND. RA t plication of 1QE1 E0�RJK EARLY '—� NI THOMPSO-N; (To be "-'EAR—� • CENTER. Variance to the Zon-, reconvened). le this . . . : . . . . . . . . :. . . . . . . . day of ing Ordinance,Article lil, Sec,' f' 8:30 p.m. Appl. No. 3543- tion 100-30(A) to permit the I PETER AND BARBARA establishment of a Day-Care r Z. (To be reconvened)r 19 Center,at premises referred to as 8:40 p.m. Appl. No.'.3640 the Veterans Community Center, FRANK AND- EDITH north side of Pike Street, east 10 SAWICKI, Variance for ap- side of Wickham Avenue, and ,i`,. Proval of insufficient width of south side of Hill Street, Mat-., l . three parcels'in this' pending tituck, NY,`County Tax Map, T% Minor Subdivision each Navin / • • �• • • • • • • • • • • 'g Parcel ID No. 1000-140-2-39,;, j a minimum lot area of 80,000 Notary Public containing 1.75± acres. sq: ft. Location of Property: north side of C.R. 48 (a/k/a 7:45 p.m.Appl. No. 3637-C. North Road), Southold, NY;. BARBARA FORBES KAP01ES___A.tJD County Thx Map Parcel ID No.' Notary Public, State or. J•;e„ York HOMAYUNL Variance to the. 1000-5t-3-12.1, containing 15± No. 4&06u10 ' Zoning Ordinance, Article lIl;' ' i ores. Qualified in "Uf f,;lk Cuunty Section 100-31 �100-32)for per-".' i 8:50 p.m. Appl. No. 3625- Commission Expirc3 GZ�3/ 19 J$ mission to construct deck addi FUDGE CORP. Resolution tion to dwelling with an insuf,.';`.,` concluding hearing. (No oral ficient frontyard setback from', testimony.) Soundview.Avenue Location'of : .,: 8:55 p.m. Appl.. No.•3638- Property:,East side of Goldin...: JAMES AND MARY TYLER. Avenue and south side of. Special.,-Exception modifying Soundview Avenue, Southold, p, Appl . No. 3400 -to permit NY,County Tax Map Parcel ID.:, :.i .vehicle doors facing ,street` No. 1000-135-2-22., side, as constructed in this 7:50 p.m. Appl. No. 3641- i, ',.,',under establishment of.a public'garage BRETT AND JANET.KEHLi ,.,under Article VII,. Section Variance to the Zoning. Or- 100-70(B)[41 of'the. Zoning dinance, Article III, Section , Code. Location of Property: 100-32(A) for approval of the 6795 Main Road, Laurel, NY; construction of an accessory ' Mattituck Holding Co. Minor building with height in excess of Subdivision Lot No. 3; County maximum 18-feet, or.in' the. Tak Map District 1000, Section alternative,.Article III, Section 125; Block 1, Lot 19.6. 100-31(A)•for permission to con- I , The Board of'Appeals will struct addition to dwelling'with i hear at said time and place all an insufficient sideyard setback. �; persons or representatives desir- Location of Property:. 5500 ing to be heard in.each.of the Main Bayview Road,Southold, above matters.Each:hearing'will. NY;County Tax Map Parcel ID not start before the time allot- No. 1000-78-4-32. ted. Written comments may be 7:55 pm'. Appl. No. 3634, ; submitted prior,to the conclu- @1HARD F. MULLEN, JR. sion of the subject hearing. Fors Variance.,to the Zoning Or- .� more information, please call dinance, 'Article:XI, Section ' 765-1.809.' 100-119.1 (Ai for permission to, Dated: May 21, 1987 erect fencing in the frontyard BY ORDER OF THE area with a maximum height of i SOUTHOLD TOWN six feet. Location of Property; BOARD OF APPEALS East Side of Cottage Place, GERARD P. GOEHRINGER, Southold,NY,County Tax Map CHAIRMAN District 1000;Section 62,Block Linda Kowalski,, 3, Lot 19.. .. Board Secretary IT 6/11/87(9) v _ x • 1n T I Southold �'0Board ®fAppeals �ti:4g ,u:,r •,� 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 free to call our office , 765-1809 . Yours very tr 1yy G RARD P . GOEHRfNGER CHAIRMAN Linda Kowalski `= Secretary and Board Clerk Enclosure n. Town Hall, 53095 Main Road ®� P.O. Box 1179 Southold, New York 11971 JUDITH T. TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD 613197 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3641 application of BRETT AND JANET KEHL for a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. 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 Southold Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That ' e 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] for either a side yard variance or a high variance. ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 5500 Main Bayview Road, Southold, New York. 2 story farm house with unattached garage and two barns. Tax Map No. 1000-78-04-32 3. That the property which is the subject of such Petition is located in the following zoning district: residential 4. That by such Petition, the undersigned will request the following relief: that the applicants be given a side yard variance for the garage. 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 (A) or 100-32 (A) [ ] 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: 5/�/8 7 Petitioner Owners ' NameCZ Brett and Janet Kehl Post Office Address 5500 Main Bayview Road Southold, New York 11971 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECE PTS NAME ADDRESS William Hillston & wife 20 22nd Street Jericho, New York 11753 Joseph Callahan & wife 375 Corey Creek Lane Southold, New York 11971 Danielle Sims Corey Creek Lane Southold, New York 11971 James & Mary Kinny 33 Hurm Street Glen Head, New York 11545 James Homan & others c/o George Brawn Co. , Inc. Main Road Cutchogue, New York 11935 Mary Kaplan 4250 81st Street Elmhurst, New York 11373 STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) residing at 1't�`A ce_'- �-'A k- . GI^caex� 66`1�,,,,��----- being duly sworn, deposes and says that on the �iV""day of , 19 ` , deponent mailed a true copy of the Notice set forth on the re- verse side heIreof, 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 GL< tv, cs--V , ;that said Notices were mailed to each of said persons by (certified) (register-ed) mail. I Ld Sworn to before me this oq�1 /'A day of �� , 19 =Lou A l� Notary Public LAURIE E.GRAEB Notary Public,State of New York No,4821818,Suffolk County Term ExplreS September 30,1988 (This side does not have to be completed on form transmitted to adjoining property owners . ) -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. I . Are there any proposals to change or alter land contours ? Yes N 2 . a ) Are there any areas which contain wetland grasses ? (Attached is a list of the wetland grasses defined by Yes No Town Code , Ch . 97 for your reference . ) *b ) Are there any areas open to a waterway without bulkhead? Yes No 3. Are there existing structures at or below ground level , yes No such as patios , foundations , etc? 4. Are there any existing or proposed fences , concrete barriers , decks , etc? Yes No 5 . If project is proposed for an accessory building or � . ._®5 structure , is total height at more than 18 feet above Yes No average ground level ? State total . _ ft . -: 6. If project is proposed for principal building .or structure , is total height at more than 35 feet above Yes No average ground level ? State total : ft . 7 . Are there other premises under your ownership abutting Yes No this parcel ? If .yes , please submit copy of deed . 8. Are there any building permits pending on this parcel or abuttin land under your ownership , if any ) ? es No ( 9 State Permit # and Nature : Permit #151422 for construction of detached garage 9. Do state whether or not applicati-ons are pending concerning these premises before any other department or agency (State , -Town , County , Village , etc . ) : Planning Board Yes Town Board Yes Town Trustees Yes County Health Department Yes o Village of Greenport Yes o N . Y . S . D . E. C. Yes o 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 N� 11 . Is new construction proposed in the area of contours at 5 feet or less as exists? Yes No 12 : If new construction is proposed in an. area within 75 feet of wetland grasses , or land area at an 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? N/A 13. Please list present use or operations conducted upon the subject property at this time residential and proposed residential *Please submit photographs for the record . I 'certify that the above statements are true and are being submitted for reliance,�?by the Board of Appeals in considering my. application . Signature P operty Owner Authorized Agent 3/87 1k i § 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. 6-19841 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L.No.6-1985]: 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 grows 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 most landward edge of such a tidal wetland. B. - FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, 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 Ii(1)and lying with- ; in seventy-five(75) feet landward of the most land- o ward edge of a"freshwater wetland." 9705 2.25.85 J /17 / 1 765-1802 BUILDING DEPT. INSPECTION ' , [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] INSULATION [ ] FRAMING 0*INAI, REMARKS: i 1 i i I DATE / ZZ INSPECTOR I i SHORT ENVIR011MENTAL ASSESSMEIIT 104 INSTRUCTI01;91 (a) In order to answer the quostions in this short EAF in is assumed that the proparer will use currently available infornn.ttion concerning the. project and the likely impacts of the action. It is not expected that additional atudioe, roeearch or other investigations will be undortalcon. (b) If any question has boon answorod Yes the project rrny be significant and a ecrpleted Environmental Assessment Form is necessary. .(c) If all questions have been answered No it is likely tFa t this project in not significant. (d) F-hvironmentrtl Assessment 1. Will project result in a largo physical ctuingo to the project site or physically alter more than 10 acres of land? • . . . • • • . '. . . 'Les X No 2• Will there be a major change to any unique or unusual land form found on the site! . . . . . Yon -x No 3• Will project alter or have a large uffoct on an existing. body of water? . .. Yea X No V) 4. Will project have a potontially largo impacti on groundwater quality? • • . . . . . . • • • . YO.J X 110 `LJ 5. Will project significantly, effect drai.nago flcra ;� N on adjacent sites? . . . . . . . Yns x _ No 0t _,, xr ! 6. Will project affect any throatuned or endangerod -� Yc a X 110 vi }; 'plant or ani.^k11 species? rn y. Will project result in it major advorno effect on air qual ty? . Yes X 110 8. Will project have a major effect cn visual char.- aster of the community or .scenic views or vistas v known to be important to the cox.mun.ity? Yea X 110 -- cn 9• Will project adversely impact any site or struct.- uro of historic) pro-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . . Yos .X_ Na 109 Will project have a major affect on existing or future recreational opportunities? . . . Yon X No 11. Will projaet.result• in major traffic problems a. cause a major affect to existing transportation _ 12. Will project regularly cause objectionable odor::, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes X 110 •:l 13. Will project have any impact on public health or safety'.' • • • • • . Ye'; X . 110 149 Will project affoct the existing commurxity by directly causing a growth in per,lar.ent pupula- Lion of more than 5 percent over a c•nc-your period or have a major negative effect on the ctiaractcr of the conununity .r naif;hburhood? . Yes X 110 15• Is there public controvorny concernin;; the project? Yes _X No PREPARER'S SICNATME: � � TITLE: Owner_ REPRESENTINC: Brett and Janet Kehl DATE: �5/ /87 VORK X06 A TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Z Date ....�::�.................... ......... .. .... ... �Jo 15142 Permission is hereby granted to: . ..... ..................................... ..... ... ....! .:.'�. ....�!.9.7.1........ to .. .. ... : ................ 4�r.... �../ . . ...... - -... ............ .. .... ...!Jf d.. ..................................... ............................................................................... of premises located at ..�. . ., °:^7�.. .,`.* t4� .. ....... . ....... . . ... . .................... ................................................................................ ....1............................................................................ ............................................................................................................................................... County Tax Map No. 1000 Section .....01............ Block .......Q.`A....... Lot No. ..... ......... pursuant to application dated ....... '!!,.• •••••••••.• • •• •. 19.Q.�i., and approved by the Building Inspector. Fee $..�. g'. ..... �� .. ...... ................................... Building•Inspector Rev: 6/30/80 ^•�~ 4 IO AIMra •n`. .v '� 4 tO.a • ' .f !! �' lo.ta TOWN OF 32• 'Iro i 3 LI.,• TOWN _ . 'N sa •r ,$0 •1 �_ri.fLcQO'j Ss n •9 ® o•. a m N_11 .'O a`'' � � 7s.aAIt1 �i. ... s� - 23 24 25 2i �t •• / GLENN '.d -� i• sff SEC rW OTT s' J / ., SAS `• .. - 10 I L�1 40 1 t •JQ}•�•� SEE SEC W.076 �g • =O 77•1 •n _ t2 - tl as 't.lAW I.aAltl 1762 N. 13 . - lJa/`� •.•. r ti �•• '" •� .pclj4JFs 6 ��/ 0! a9 -wd ie.2, 16,3 1 :. [\\ \ a, r •,rs -o\ ajj•.: • ': 22e ,N• ' a. ,• BQ:VIEW•.. a. RD. \! \pYAP e+ -to • •��.• �°d1s ij DR �7 :r � st �z s! (<9s; 'J, ` \J Y• � tJ°J S� x :_ 15. o ._ ! _ .SJ •ca • •. 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