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APPEALS BOARD MEMBERS v �f ��''O C
1 Southold Town Hall
Lydia A. Tortora, Chairwoman ik 53095 Main Road
Gerard P. Goehringer ; Cl) ; P.O. Box 1179
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George Horning O Southold,New York 11971-0959
ZBA Fax 765-9064
Ruth D. Oliva _�— a ( )
Vincent Orlando 1 c,.' 631 Telephone (631)765-1809
http://southoldto ' 9 net
C'V L D # J
BOARD OF APPEALS 02s- 4-1 l�_
TOWN OF SOUTHOLD
qedettiMAY 7 0FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF APRIL 17, 2003
Southold Town Clerk
Appl. No. 5256 - Charlotte Dickerson.
Property Location: 4630 Blue Horizon Bluffs, Peconic; Parcel 1000-74-1-35.51.
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the Type II
- category of the State's List of Actions, without an adverse effect on the environment if
the project is implemented as planned.
PROPERTY FACTS/DESCRIPTION: The applicant's 73,629 sq. ft. parcel with 48.64 ft.
along a private right-of-way, extending 4332.44 feet from Middle Road (C.R. 48) in
Peconic. The property is improved with a cottage situated at +-6 ft. from the top of the
bluff and 42 feet from the southerly property line at its closest points, and accessory
shed at +-30 feet from the top of the bluff and +-15 feet from the east side property line.
BASIS OF APPLICATION: Building Department's September 3, 2002 Notice of
Disapproval, citing Section 100-239.4 and 100-33C, in its denial of a building permit for:
(a) the proposed new location of a dwelling, replacing the existing building, with a
setback at less than 100 feet from the top of the bluff of the Long Island Sound, and (b)
a proposed accessory building in a side yard area
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on January 16,
2003, February 6, 2003 and April 3, 2003, at which time written and oral evidence was
presented. Based upon all testimony, documentation, personal inspection of the
property, and other evidence, the Zoning Board finds the following facts to be true and
relevant:
AREA VARIANCE RELIEF REQUESTED: Applicant wishes to relocate the existing
cottage landward of its existing location and less than 100 feet from the top of the bluff of
the Long Island Sound. Applicant's 10-16-02 survey prepared by John C. Ehlers, L.S.
updated 11-21-02, originally planned a setback at 24 feet from the top of the bluff.
Subsequently, applicant submitted a 4-9-03 revised survey proposing a new location of
the cottage at 36 feet from the top of the bluff at its closest point, 20 feet from the closest
(south) property line, and approximately 45 feet from the east property line. The
accessory building is also shown on the survey at +-30 ft. from the top of the bluff, as
exists.
• Page 2—April 17, 2003
Appl. No. 5256—Charlotte Dickerson
74-1-35.51 at Peconic
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
1. Grant of alternative relief will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. Applicant's cottage is being
relocated landward from the top of the bluff on this somewhat small, uniquely shaped
parcel fronting along the Long Island Sound. During the hearings, testimony was taken
from both the applicant's husband and neighbors regarding the proposed placement of
the existing cottage. The Board request that the location be moved farther back from the
top of the bluff to a location that is more conforming (36 feet instead of 24 feet), and this
location would allow the applicant to create a greater buffer between the cottage and the
top of the bluff at less risk.
2. The benefit sought by the applicant cannot be achieved by some method, feasible for
the applicant to pursue, other than an area variance. For the record at the first hearing
the applicant indicated that over $50,000 was spent replanting the bluff and bulkheading
along the toe of the bluff. The parcel is small and variably shaped. The only alternative
for the applicant to pursue are the two applications before the Board for the cottage
relocation and shed location.
3. The amount of relief is substantial based upon present code requirements, in that the
present code requires a 100 ft. setback from the top of the bluff. The Board's request to
relocate the cottage at 36 feet instead of 24 feet presents a 64% reduction of the code
requirement.
4. The difficulty is self-created based upon the present location of the cottage at 6 ft.
from the top of the bluff, the requested 36 feet from the top of the bluff, and the code
requirement of 100 feet.
5. No evidence has been submitted to suggest that the proposed increased setback of
the cottage, or maintaining the location of the existing accessory shed, will have an
adverse impact on physical or environmental conditions in the neighborhood.
6. Grant of the requested variance is the minimum action necessary and adequate to
enable the applicant to enjoy the benefit of a new location of the cottage/dwelling, while
preserving and protecting the character of the neighborhood and the health, safety and
welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the
balancing test under New York Town Law 267-B, motion was offered by Member
Goehringer, seconded by Member Orlando, and duly carried, to
Page 3—April 17, 2003
Appl. No. 5256—Charlotte Dickerson
74-1-35.51 at Peconic
DENY the relief requested to relocate the cottage at 24 ft. setback from the top of
the bluff, and to GRANT Alternative Relief to relocate the cottage at 36 feet from
the top of the bluff, and maintain the existing location of the accessory shed, as
shown on the 4-9-03 map prepared by John C. Ehlers, L.S.
This action does not authorize or condone any current or future use, setback or other
feature of the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Horning, and
Orlando. (Absent was Member Oliva.) This Resolution was duly adopted 4-0 .
Lydia ortora, Chairwoman -Approved for Filing
5/ 6 /03
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P rl klh
1
• FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: September 3, 2002
TO: Charlotte Dickerson
4630 Blue Horizon Bluffs
Peconic,NY 11958
Please take notice that your application dated August 29, 2002
For permit to relocate an existing nonconforming single family dwelling at
Location of property 4630 Blue Horizon Bluffs,Peconic,NY
County Tax Map No. 1000 - Section 74 Block 1 Lot 35.51
Is returned herewith and disapproved on the following grounds:
The proposed relocation to a non-conforming single family dwelling, on this nonconforming 66.647
square foot nonconforming parcel in the R-80 District, is not permitted pursuant to Article XXL
Section 100-239.4A.1,which states,
"All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank
landward of the shore or beach shall be set back not fewer than one hundred(100) feet from the
top of such bluff or bank."
The existing single-family dwelling has an existing setback 7 feet from the top of bluff at its closest
point. Following the proposed re-location, the single-family dwelling will have a setback of 24 feet
from the top of the bluff.
In addition,the proposed relocation of the single-family dwelling is not permitted pursuant to Article
111, Section 100-33,which states,
"In the Agricultural-Conservation District and Low-Density Residential R-80,R-120,R-200
and R-400 Districts, accessory buildings and structures or other accessory uses shall be located
in the required rear yard."
According to 100-33 C., "In the case of a waterfront parcel, accessory buildings and structures
may be located in the front yard,provided that such buildings meet the front yard setback
requirements as set forth by this code."
The proposed relocation of the existing single-family dwelling will place an existing shed,which is
currently located in the front yard,into the side yard.
Total lot coverage, following the proposed addition,would remain at+1- 3 percent.
ill
ELIZABETH A. NEVILLE = 4 ; Town Hall, 53095 Main Road
TOWN CLERK % o P.O. Box 1179
REGISTRAR OF VITAL STATISTICS
Southold, New York 11971
MARRIAGE OFFICER �, Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER ` 40,
Fax
*����0.��, Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A. Neville
DATED: November 14, 2002
RE: Zoning Appeal No. 5256
Transmitted herewith is Zoning Appeals No. 5256—Charlotte Dickerson - Zoning Board of
Appeals application for variance. Also included is a letter from Allan Dickerson, instructions for
application, applicant transactional disclosure form, Short environmental assessment form,
project description, drawing, application for building permit, notice of disapproval, survey,
coastal erosion management form,NYSDEC permit, and pictures.
C!
LEGAL NOTICE
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, JANUARY 16, 2003 PUBLIC HEARING
NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and
Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be
held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main
Road, Southold, New York 11971, on Thursday, January 16, 2003, at the time noted
below (or as soon thereafter as possible);
1:50 p.m. Appl No. 5256 - Charlotte Dickerson. This is a request for Variances
under Section 100-239.4 and 100-33C, based on the Building Department's
September 3, 2002 Notice of Disapproval, for: (a) a proposed new location of a
dwelling, replacing the existing building, with a setback at less than 100 feet from
the top of the bluff of the Long Island Sound, and (b) a proposed accessory
building in a side yard area. Location of Property: 4630 Blue Horizon Bluffs,
Peconic; Parcel 1000-74-1-35.51.
The Board of Appeals will hear all persons, or their representatives, desiring to be heard
at each hearing, and/or desiring to submit written statements before the conclusion of
each hearing. Each hearing will not start earlier than designated above. Files are
available for review during regular Town Hall business days from (8:00 a.m. to 3:00
p.m.). If you have questions, please do not hesitate to call (631) 765-1809.
Dated: December 19, 2002. Southold Town Board of Appeals
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
(tel. 631-765-1809)
1' S
Authorized Signature
Note to Applicant: Any change or deviation to the above referenced application,following any
ZBA decision,may require further review by the Southold Town Building Department.
CC: file,Z.B.A.
. TOWN OF JUTHOLD BUILDING PERMIT APPLICATION CHECKU
BU1LDINl,, DEPARTMEN— ')o you have or need the following,before applyi
TOWN HALL, Board of Health
SOUTHOLD,NY 11971 3 sets of Building Plans
TEL: 765-1802 Survey
PERMIT NO. Check
Septic Form
N.Y.S.D.E.C. •
Trustees
Examined
20 Contact:.
Approved 20
Mail to:
Disapproved a/c
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Phone:
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Building Inspector
tH1 Ti I
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j±. i' r- 9 2002 APPLICATION FOR BUILDING PERMIT
Date 0 \c'Z
SLOG PUT. , 20
-17:0,s?. of s^Yii j o INSTRUCTIONS
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3
sets of plans, accurate plot plan to scale.Fee according to schedule.
b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or
areas, and waterways.
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 issue a Building Permit to the applicant. Such a p'ermrt
shall be kept on the premises available for inspection throughout the work.
e.No building shall be occupied or used in whole or in part for any purpose what-so-ever until a Certificate of Occupan
is issued by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances, building code,housing code, and regulations, and to admit
authorized inspectors on premises and in building for necessary inspections.
UM ..
(Signaturepffof applicantnof name,if a corporation)
460 T�-G,0d 1/ , MafIL1. ,N . jIgS2.
(Mailing s.'of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder
Srme, o ow-ACx
Name of owner of premises r V1 [04e 1..t.L\c,efc&A
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate officer)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
1. Loc tin of land on whichpropo work will be dopp:
k e �'i iovl 51144-5
L��\
��i 1
House Number Street Hamlet
County Tax Map No. 100) Section - I Block .Lot 44-1
Subdivision I3ltt,e. \7—cnk sir Filed Map No. :1q1L- Lot $1
(Name) ;.
, E !
_.1
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2. State existing use and occupancy oi'premises and intended.use andoccupau�y of proposed construe►.;.in:
a. Existing use and occupancy eA S 6 A A I fRJi le,u\ Le.
b. Intended use and occupancy eel So A I 1r'2 S tc�e,v.c 2
3. Nature of work(check which applicable): New Building Addition Alteration
Repair '1C K Removal Demolition Other Work
(Description)
4. Estimated Cost Fee
(to be paid on filing this application)
5. If dwelling, number of dwelling units 1 Number of dwelling units on each floor .1
If garage, number of cars
6. If business-, commercial or mixed occupancy, specify nature and extent of each type of use.
7. Dimensions of existing structures, if any: Front . 0 Rear 4o r. Depth Z ce
Height Number of Stories I
'11
Dimensio of sameP
structure with alterations or additions: Front ll� . "' Rear
� r
Depth 7 )-- ' Height I I . :Number of Stories 1
8. Dimensions of entire pw
re men: Front . 'to Rear `td Depth 2Li r
Height Number of Stories
k 4i k Depth q't I -
9. Size of lot: Front (I 0: Rear
10. Date of Purchase
V.V12 2000 Name of Former Owner
11. Zone or use district in which premises are situated '
12. Does proposed construction violate any zoning law, ordinance or regulation:
13. Will lot be re-graded N o Will excess fill be removed.fr m remises: YES NO
I
J (kb1ddress1' f1IIS -14. Names ofOwnerofpremises .trk( 1G , 4G,0&clod W Ai Phonb No. 6 3) -ZW-X cl.cc
Name of Architect . SAvvNe Address Sii-vw Phone No 3l4-vwe
Name of Contractor Vu`r1e Address , SA-NA/Ne Phone No. S'Arlyv�..
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15. Is this'property within 100 feet of a tidal wetland? *YES (NO� i`�Ure U,,,, (UO 1't�low, 11r In (k)/16,r)• IF YES, SOUTHOLD TOWN TRUSTEES PERMITS MAY REQUIRED
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey.
STATE OF NEW YORK)
riI SS:
COUNTY OF ILFA,. )
A AIN C .--M&(.1-101.N. ,
,
being duly sworn, deposes and says that(s)he is the applicant
(Name of individual signing contract)above named, ;
1 1 i
(S)He is the d(JtC{ Cw\ CAc�1�( .
ontractor, Agent, Corporate Officer, etc)
•of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;
that ali statements contained in this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
i
Sworn to before me this
- day of . 20()2
/7)?---°1'747, ----- j ,((ilk.N. e( 'IPA& ,
Notary Public Signature of Applicant
MARK T.GAGEN -
NOTARY PUBLIC,State of New York
No.4695650
Qualified in SLItolk County
Commission Expires May 31,28=
1
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t
APPLICATION TO THE SOUTHOLD TOWN BOARD OFL_tPP.EALS
-A ' "13J/o; dila
0
— —— ( — .._ - — For Office Use Only
�
Fee: $lD 0Filed By Date Assigned/Assignment No. 505-6
Office Notes:
Parcel Location: House No./o30 Street 3 like 4Ofl ZoAc Hamlet Pe covw\G
SCTM 1000 Sectionl'{ Blockg .4.ot(s)` ) Lot Size r k ± Zone District R ' g0
I (WEI APPEAL HE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED: b'G e 31 2002
Applicant/Owner(s): C Per (O t *id(e o✓\
Mailing lI f
Address: 14o ?ie dlock Y y. -ff1+1AG1(
G, . uqc7,
Telephone: (p J( ' 2C1 J- ( A
NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc.
Authorized Representative: AAV l c,Le ftO r\ CgrolACe
Address: i60 Vv / MA-t+'dL ,,11\1. I I4L
Telephone: gq8 14gg6
Please specify who you wish correspondence to be mailed to,from the above listed names:
Applicant/Owner(s) ❑ Authorized Representative ❑ Other:
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED I 0 z
FOR:
❑ Building Permit
❑ Certificate of Occupancy 0 Pre-Certificate of Occupancy
❑ Change of Use
0 Permit for As-Built Construction
❑ 1 L
Other: Q�tl„�IA" -'D \(,OVC -eX\STlv1� Suv Aw eY hC1il Alma
Provision of the Zoning Ordinance Appealed. Indicate Article,Section, Subsection and paragraph
of Zoning Ordinance by numbers. Do not quote the code.
Article X( X lir Section 100-Z3q. 4.1Subsection
A-1nd 'LCL' Do 3
Type of Appeal. An Appeal is made for:
N'A Variance to the Zoning Code or Zoning Map.
❑ A Variance due to lack of access required by New York Town Law-Section 280-A.
0 Interpretation of the Town Code,Article Section
❑ Reversal or Other
A prior appeal 0 hasXhas not been made with respect to this property UNDER Appeal
No. Year
REASONS FOR AREA VARI. :E ONLY(to be completed by applicant):r
4 Do not use these standards for`-use variance" or"special exception" (Also attata, £heets if necessary, with
signatures.)
1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nereby
properties, if granted BECAUSE:
The ,Alr&A 1S ver s ON(ce+ Vo 1 A�.cl AA) 3 BAS 0/1,4 des Neel.
2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to
pursue, other than an area variance BECAUSE:
JQYt-rn.i4ecil' -�-hal' t,All Accowt oc141-e re
3. The amount of relief requested is not substantial BECAUSE: I AA
5 W1� if) 60±14 c1e IN) t1I 1 -� more e e vvJ-rA 11 (1 6 cAl-ef.
ef
UU4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the
neighborhood or district S
BECAUSE: p�es-e Nd- (NJ 6,1-e,� S I)/11 .�8-1t cC .2e(A r tt/r,)
(/e, (eC s &Vt-ec\-ecl heti/ C 4' an•
5. Has the alleged difficulty been self-cre•ted? f1 rieY t r�Sff)Y�Ie`H h O(��_
( )Yes. l ;H b USI I,c Ilene) U CI e �d 7�`o`r
(16 No. G R ). N L// b�e ct ��^►� T U s f 4 eS W v-041
slytkc
,re6 6,l rd a tx o f Co' .- ,o F troS, A, Zwte •
6. This is the minimum that is neceslary and adequate, and at the same time preserve and protect the
character of the neighborhood and the health, safety and welfare of the community.
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
(-ILL/
LL/e�
(Applicant) lnJ Cw�i
Agent must attach written consent from owner.
Sworn to before me this
9TH day of be }3<;'`, 2002.
. '' MINNL fi6PPM
- Notary Public,State of Now Y9tk
Notary Public Suffolk County-No.4708364
Commission B bes Mayr j, o 3
D•\DATA\RBADFORMS\ZBA.APF
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PROJECT DESCRIPTION
(Please include with Z.B.A. Application)
Applicant(s): t/'Pe(\o4Tf1CIA
I If building is existing and alterations/additions/renovations are proposed.
A. Please give the dimensi ns n 'd ov rall square foot e f extensions be and existin wilding
Dimensions/size: 6Q8 s X �11.1 e ,QC d
Square footage: Vi2S �r
B. Please give the dimensions and square footage of new proposed foundation areas which do not
extend beyond the existing building: — I
Dimensions/size: S Aliso Nc`V ryQ .evtr" S C o vols O-
Square footage: , As, (,)00d , virsfst yip u916e.►k
II. )mov vie JCS �(h'4vositA•R �f roa ��bi�
If land is vacant: (6NC e�2 1 'o +Z USC* 6 1 Le+ 1
Please give dimensions and overall square footage of new construction.
Dimension/size: ( �
Square footage: ,J y\� J (.(NS kfu,GYIM
Height: •
III Purpose and use of nevi construction requested in this application:
(ffOrH'o`e AS G. �' QASMA\ (tljkir.
IV Additional information about the surrounding contours or nearby buildings that relate to the difficulty
in meeting the code requirement(s):
V. Please submit seven (7)photos/sets after staking corners of the proposed new construction.
7/02
Please note:Further changes, after submitting the above information, must be placed in writing and may
require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed,
please contact our office, or please check with Building Department (765-1802) or Appeals Department
(765-1809) if you are not sure. Thank you.
• 'rite ' e -,
.
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.
3 , • A0
TOWN OF SOUTHOLD PROPERTY RECORD CA
N' - -
-OWNER STREET Li 6,3 0 ' VILLAGE. DIST. SUB. LOT
Nti--
,Ciryar t 0 if,e_. ikiort b 406;_tylblA F&C0 1-f; 5, ts- B u e 1-(Cir
, -
e01,4EpO.. 4,E4r prt se,s N , E ACR.
1 e 5.30
(\k ..‘e.‘ ttA---fo, -4-or S W TYPE OF BUILDING
r P, F Cenrp
R , SEAS. VL. FARM COMM. CB. MICS. Mkt. Value
260
LAND IMP. TOTAL DATE REMARKS
- •2(>0 1 <51 0 0 QC,.) 44A( 9/4t* 4-"-lo 5Vdc? -diV.
, ':Ze.)C....).P:16 I 6 0 0 3000' 'r(A744g *441.b--1-996‘r 4—r 7 - CP F 46 CcA r4-0 ft ezYs- F14. •
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( O O 0 35-e,a t A 9/s.b-- A/B4::.- Li gas91035-s-CLAA-46 .4.c) ''S AactiCe P,F, --)-(-
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Tillable , ' 0, Gly
3Q0it
za 1 FRONTAGE ON WATER
' e-r}
WoodlandFRONTAGE ON ROAD
% .*-$60'.:•0',_. .5 g (a R 'Y.o.vs)
(--
Meadowland , • DEPTH , e
.8/42. atv
HOuse Plot Of 8 Goc Cioa)(3.90) 22-646 BULKHEAD
,
Total 24C9 •
tii. '. o
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mi \ .'
`t• of Y
Jj t'_ vslA 7 q '
q ,+ o
TRIM• f ; r `:�`
r gaiiCOLOR
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sY ' _ & iiK !GY�j - {Js � - F• rP1
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t Y3 ...._. ._,._ —
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.
_ .0 , :i e n i Nr
M. Bldg. /* f ASI :: ...7449.4% . ( y i �ti
/ ow /_ - /2d _ _ ,-i- _
Extension /SJC a o : B - 7 b'L ; S 71e S.
"ftensnorJ FX tik -
Z tension /pdRc,N eKs-o -_ /G 0 U
E
Foundation . Bath Dinette -
Porch Basement Floors . K.
Porch \ c b.. `) t , Ext. Walls _ Interior Finish LR.
Breezeway Fire Place Heat DR.
4 bW't 1-a„ 2 S_ ,� �„(,,�) . -j' Type Roof
Garage ( Rooms 1st Floor BR.
Patio `Y'� Recreation Room Rooms 2nd Floor FIN. B
O. B. Dormer driveway ,
t.i,
Total
101 o •
F:, / _ ;
SURVEY OF LOT I . .,,, ii
SUBDIVISION MAP OF -
BLUE HORIZONS `l
FILE No. 1 T74
SITUATE: PEGONIG
TOWN: SOUTHOLD --
SUFFOLK GOUNTY, NY - 'l
SURVEYED 10-16-2000
AMENDED I1-21-2000, y
OQ-05-01, row added 01-05-02
prop. hse. 0I-18-02
- SUFFOLK COUNTY TAX u '
f 1000-74-I-35.51 ,,�Q., ��� �� �' ��
CERTIFIED TO: O 7� ;I
CHARLOTTE DICKERSO, `� +1�
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RECEIVED
APR 1 1 2003
ZONING BOARD OF APPEALS
1111, 11F1
•
I:-• ()- L° )/ • ea
WILLIAM C. GOGGINS
y� ATTORNEY AND COUNSELOR AT LAW
C " (1 • P.O.Box 65
11775 Main Road
Mattituck,New York 11952
Phone(631)298-4200
Fax(631)298-4214
WILLIAM C.GOGGINS
Attorney at Law
June 28, 2000 DONNA M.PALMER
Paralegal
Charlotte Dickerson
460 Paddock Way
Mattituck, New York 11952
Re: Charlotte Dickerson from C.P.F. Enterprises;
• Premises: Lot 1, Blue Horizons-Pecdnic, New York
Dear Mrs. Dickerson:
In connection with the above referenced matter, enclosed please find the
closing statement. Thank you for allowing us toserve you.
Please be advised that this firm also provides the following legal services:
Personal Injury, Wills, Trusts, Estates and Criminal, as well as Civil
Litigation.
If you have any questions,please do not hesitate to contact the,undersigned.
-- --- - --- - -- - - Ve trqY yours, - -
ri/11 .14 PAL ) (
DMP/etv
enclosures
e
C.P.F. ENTERPRISES
Sellers
to
CHARLOTTE DICKERS ON
Purchaser
WILLIAM C. GOGGINS
ATTORNEY AND COUNSELOR AT LAW
P.O. Box 65
11775 Main Road
Mattituck, New York 11952
(516) 298-4200
June 28, 2000
•
GING STATEME
WILLIAM C. GOGGINS
ATTORNEY AND COUNSELOR.AT LAW
Seller: C.P.F. Enterprises
Purchasers: Charlotte Dickerson
Lender: N/A
Seller's Atty.: Paul Greenstein
Purchaser's Atty.: William C. Goggins
Title Company: Fidelity National Title Company •
Title Number: 00-3704-27479
Premises: Lot 1, Blue Horizons-Peconic, New York
SCTM# 1000-074.00-01.00-035.051
DATE: June 28, 2000
PRESENT AT CLOSING
Seller: Mario J. Fusaro, Dominic Principe, Doloros Principe,
Alexander Fusaro, Arthur DeRosa, Nicoletta Curto
Purchaser: Charlotte Dickerson 1 I I tdcto
Lender's Rep.: N/A �, - �'tan ,�
Title Co. Rep.: Mary McDonald
Purchaser's Atty. : William C. Goggins -;/1, (700 2M' r
Seller'stty Atty.: Paul Greenstein Cata- As ° redk\'
Other: Allan Dickersonn. ZoO\ SQAS ow
aj.. , 4 Z 12 .26
DISPOSITION OF FUNDS Ark- 1.11.- 7Z1 - k 3 a '
DUE SELLER DUE PURCHASER
Sales Price $200,000.00 Down Payment $20,000.00
Taxes Town 956.00 Taxes Town
Taxes Village Taxes Village
Rent Sellers Conc.
Fuel Rent 3,366.00
Survey Termite
Total $200,956.00 Survey
Credit $ 23,366.00 Total $23,366.00
Bal. Due $177,590.00
PAYABLE AS FOLLOWS
1. Certified check $180,000.00
2 $ (2,410.00).
TOTAL $177,590:00
UDLI Y IIVIV in/-kr VT' ; t„,
BLUE HOR I ZONS
FILE No. 7414 •
SITUATE: PEGONIG
TOWN: SOUTHOLD
SUFFOLK COUNTY, NY
SURVEYED 10-16-2000
AMENDED 11-21-2000,
O01-05-01, row added 01-05-02
SUFFOLK COUNTY TAX # N�
1000-14-1-35.51
\...„
CERTIFIED TO: o
CHARLOTTE DICKERSON iN.”' \
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Florence A. Wicks
31055 North Road
Peconic, New York
Febuary 3, 2003
Southold Town Board of Appeals
Town Hall - 53095 Main Road
Southold, New York 11971
Re: Appl. No. 5256
Charolette Dickerson
The undersigned is the owner of the land immediately adjacent.to the
westerly property line of the land which is the subject of this application. My
land is most severly affected by the action requested from this Board.
At the original hearing on January 16, 2003, I was represented by
Stephen Angel, Esq. Who stated my strong objections to this application.
This Application, the Legal Notice, and the Survey state that the one
story framed cottage is to be RELOCATED some 14 feet closer to my land.
The existing cottage because of it's deserted, abandoned, and dilapidated
condition cannot be relocated.
The applicant Mrs. Dickerson was well aware of the cottage's
condition and it's location in the Coastal Erosion Hazard Line prior to it's
purchase.
The Zoning Laws are not intended as a device.to be used to the
detriment of the property rights of others.
It is requested that this application be denied.
Respectfully,
9-Z94"A/tee_ EL, C,.)Te-ik
Florence A. Wicks
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-__ OF� =4-0= _ PERMIT NO.-
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t OCAfERCAtCYNV ii' sti pima cuff at5r(wow DATE _ '
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DIRT
RD
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I. Purpose•.Mt stabttratbn8 restaatbn A
2. Palma Ai.W
• •
3. tuber to be CCA-treated
4. Wetaly retu•n w6 be carsbucted Aaq
(not over)westerly property ba+da4 ad
Aut.(but rat caret to) ac(jacert steel
bilkheal to vwsst:eastahf raw'to be
Igli
to -armored with I 3 tai stat
5. App 500a�c gads of clean EN-CONSULTANTS INC. fi
sale wa be t u:keel infant an IlplaAd 1329 NORTH SEA RD. •
sa"eto HI tie b fax ad SOUTHAMPTON,N.Y. 11968 0
•
reestablish a itabte e cf repose
6. Ruff nest wt be regaled as rleeessay 631-283-6360 4-0 De)
ramie verbal lip and g
restore acLel elope
7. Entre bltf to be plated with beads crass:beach L�
rose;baffzrni:ad Vtc*rra creeper ...:i;r .'r.
8. Protect laratic t 4630 Rue Haven Bluffs
Mattlhrck,NY;%M Na 1000-74-1-55.51 POPO5Wn MfAINING WALT. ANI7
9. Adixe t~vs:
u Pena, - 13LLIFF PE51"O1A11ON FOR CIMIG IE
2) Wim ' VICKTMI ON LONG 15L NI? 50U N!?,
5) PrIrtIPI
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PROJECT I.D. NUMBER
SEQR
617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I—Project Information(To be complete by Applicant or Project sponsor)
1 Applicant/Sponsor 2. Project Name
ckev-s (Y\ / ChPor W-e +-
3.Project location: Municipality County
•
Wue k\-01 1Z.o (‘c , \.eCo\AU
4.Precise location(Street address and road intersections,prominent landmarks,etc.or provide map)
l 0 NVQ 4--4 x MAI? * LLi tOcosJC J"1 M -1�1
4‘)S013lve 4orizovx 'OltA 13 lock5J;Jr1
5.Is proposed action:
( )NEW ( )EXPANSION ( )MODIFICATION/ALTERATION I
Mope `fit\5 Ni S-I— c*A e,
6.Describe project briefly t
M,v i 1s41 Vn ti.c ire (in u1/VA -Frmnn. +k1, 0 V o F co/A-4i
�YQstav� 1,\Jaz�,-d ireA
7.Amount of land affected:
Initially: ( acres; Ultimately* ^ acres
WO`i O (, ,` mutt I Y d t r7"Laa /W e4 .
8.Will proposed action comply with exl§ting or other e iistin�and use'restrictions:(K)YES ( )NO If No,describe briefly-
9.
riefly9.What Is present land use in vicinity of project: (describe):
()6 Residential ( )Industrial ( )Commercial ( )Agricultural ( )Park/Forest/Open Space ( )Other
10.Does action Involve a permit approval or funding,now or ultimately'from any other Governmental agency,(Federal,State or Local)?
( YES ( )NO If Yes,list agency(s)and permit/approvals:
W '/ AM& (owmw I(N.SteCt., 6).ervn.14 6-ve beeo 1 I-Ae Ac .
11 Does any aspect of the action have a currently valid permit or approval?
(`k YES ( )NO If Yes,list agency(s)and permit/approvals:
12.As a result ofproposed action,will existing permit/approval require modification?
( )YES (X)NO If Yes,list agency(s)and permit/approvals.
I certify that the information provided above Is true to the best of my knowledge
Applicant/Sponsor Name: Date:
Signature:
If the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment
Albert J.:Krupski,President / ' - Town Hall
James King,Vice-President fFikt 53095 Route 25
Artie Foster � CD�j P.O.Box 1179
• �� � Sy Southold New York 11971-0959
Ken Poliwoda .� '
Peggy A.Dickerson daZ Telephone(631) 765-1892
O rov
0 Fax(631) 765-1366
�J►p1 �a
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
COASTAL EROSION MANAGEMENT PERMIT
Permit #5519
Date: April 25, 2002
SCTM;#74-1-35.51
Name of Applicant/Agent: Robert E. Herrmann-En-Consultants,Inc.
Name of Permittee: CHARLOTTE DICKERSON
Address of Permittee: 460 Paddock Way,Mattituck, NY
Property Located: 4630 Blue Horizon Bluffs,Peconic,NY
DESCRIPTION OF ACTIVITY: Relocate the existing dwelling landward of the Coastal
Erosion Hazard Area boundary.
Permit will expire April 24, 2004.
SPECIAL CONDITIONS: (apply if marked)
Bluff restoration through a re-vegetation plan is a necessary special condition of this permit.
_A relocation agreement is attached hereto and is a necessary special condition of this permit.
A maintenance agreement is attached with application and is a necessary special condition of
this permit.
Albert J. Krupski, Jr.
President, Board of Trustees
NEI. ,__.kK STATE DEPARTMENT OF ENVIRONMENTAL CORSE__._.''ON
DEC PERMIT NUMBER EFFECTIVE DATE
1-4738-02873/C0001 411) March 14, 2002
FACILITY/PROGRAM NUMBER(S) PERMIT EXPIRATION DATE(S)
Under the Environmental
Conservation Law March 31, 2005
r- I
1 TYPE ]F PERMIT ■ New 0 Renewal 0 Modification 0 Permit to Construct 0 Permit to Operate
I
❑ Article 15, Title 5: Protection 0 6NYCRR 608: Water Quality 0 Article 27, Title 7; 6NYCRR
of Waters Certification 360: Solid Waste Management
❑ Article 15, Title 15: Water 0 Article 17, Titles 7, 8: SPDES 0 Article 27, Title 9; 6NYCRR
Supply 373: Hazardous Waste Management
❑ Article 19: Air Pollution
❑ Article 15, Title 15: Water Control 0 Article 34: Coastal Erosion
Transport Management
❑ Article 23, Title 27: Mined
❑ Article 15, Title 15: Long Land Reclamation 0 Article 36: floodplain
Island Wells Management
O Article 24: Freshwater Wetlands
❑ Article 15, Title 27: Wild, 0 Articles 1, 3, 17, 19, 27, 37;
Scenic and Recreational Rivers ■ Article 25: Tidal Wetlands 6NYCRR 380: Radiation Control
PERMIT ISSUED TO TELEPHONE NUMBER
Charlotte Dickerson (631) 298-4956
ADDRESS OF PERMITTEE
460 Paddock Way, Mattituck, NY 11952
CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER
EnConsultants, Inc., 1329 North Sea Road, Southampton, NY 11968 (631) 283-6360
NAME AND ADCRESS OF PROJECT/FACILITY
Dickerson property, 4630 Blue Horizon Bluffs
LOCATION OF PROJECT/FACILITY
Peconic
COUNTY TOWN WATERCOURSE NYTM COORDINATES
Suffolk Southold Long Island Sound
DESCRIPTION OF AUTHORIZED ACTIVITY:
Construct 117 linear feet of bulkhead with 10'and 13'returns,armored with 1-3 ton stones and place 500 cubic yards of clean fill and
planted. All work must be done in accordance with the attached plans stamped NYSDEC approved.
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the
ECL, all appli:able regulations, the General Conditions specified (see page 2 & 3) and any Special Conditions included as
part of this permit.
PERMIT ADMINISTRATOR: ADDRESS
George W. Hammarth (CAF) Bldg. #40, SUNY, Stony Brook, NY 11790-2356
AUT ORIZED SIGNATU DATE
o ,,�� I March 14. 2002 Page 1 of 4
CHARLOTTE AND ALLAN DICKERSON
460 PADDOCK WAY
MATTITUCK,7/4!‘g-
NEW YORK 11952
'677'' /4!lg- '- 1
October 28, 2002
Town of Southold
Zoning Board of Appeals
Main Road
Southold, NY 11977
Ladies/Gentlemen:
Please find enclosed application for two variances cited by the
Building Department prior to their ability to issue a building
permit for the relocation of asummer bungalow in Peconic.
Thank you in advance for your reviewing these documents.
V y'.trulyQyours,
1�1M�
Allan C. Dickerson
cc: Southold Town Building Dept
APPLICANT
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers
and employees. The purpose of this form is to provide information, which can alert the Town of
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
YOUR NAME. i Gk,evSm (km(kik 4- A-11A4A C
(Last name, first name, middle initial, unless you are applying in the name
of someone else or other entity, such as a company If so, indicate the
other person or company name)
NATURE OF APPLICATION: (Check all that apply)
Tax Grievance
Vanance X
Change of Zone
Approval of Plat
Exemption from Plat
or Official Map
Other
If"Other",
name the activity.
Do you personally, (or through your company, spouse, sibling, parent, or child) have a
relationship with any officer or employee of the Town of Southold? "Relationship" includes by
blood, marriage, or business interest. "Business interest" means a business, including a
partnership, in which the Town officer or employee has even a partial ownership of (or
employment by) a corporation in which the Town officer or employee owns more than 5% of the
shares
YES NO V
If you answered"YES", complete the a ance of this form and date and sign where indicated.
Name of person employed by the Town of Southold.
Title or position of that person.
Describe that relationship between yourself (the applicant) and the Town officer or employee.
Either check the appropriate line A through D (below) and/or describe the relationship in the
space provided.
The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that
apply).
A)the owner of greater than 5%of the shares of the corporate stock
of the applicant (when the applicant is a corporation),
B)the legal or beneficial owner of any interest in a non-corporate entity
(when the applicant is not a corporation),
C)an officer, director, partner, or'employee of the applicant; or
D)the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submitted this day of (0,66r 20 0 7-
Signature.
Signature• ' : :[ .1 .
Print Name: Ck,01'(1,o P-t, ► .,rsa"
Town Of Southold
P.O Box 1179
Southold, NY 11971
'k * * RECEIPT * * *
Date: 11/01/02 Receipt#: 2667
Transaction(s): Subtotal
1 Application Fees $600.00
Check#: 2667 Total Paid: $600.00
Name: Dickerson, Charlotte
460 Paddock Way
Mattituck, NY 11952
Clerk ID: LINDAC Internal ID.63899
7 4t e� .\t/f FORM NO. 3 ill+�•(l � SEP -J. 3 )2 t
AV. ki / ,t, ,,
,. ,c / NOTICE OF DISAPPROVAL
., 13°i? t,
DATE: September 3, 2002
TO: Charlotte Dickerson
4630 Blue Horizon Bluffs
Peconic, NY 11958 —____ `'
Please take notice that your application dated August 29, 2002 '
For permit to relocate an existing nonconforming single family dwelling at
Location of property 4630 Blue Horizon Bluffs, Peconic,NY
County Tax Map No. 1000 - Section 74 Block 1 Lot 35.51
Is returned herewith and disapproved on the following grounds:
The proposed relocation to a non-conforming single family dwelling, on this nonconforming 66.647
square foot nonconformingparcel in the R-80 District, is not permitted pursuant to Article XXIII,
Section 100-239.4A.1, which states,
"All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank
landward of the shore or beach shall be set back not fewer than one hundred(100) feet from the
top of such bluff or bank."
OThe existing single-family dwelling has an existing setback 7 feet from the top of bluff at its closest
point. Following the proposed re-location, the single-family dwelling will have a setback of 24 feet
from the top of the bluff.
In addition, the proposed relocation of the single-family dwelling is not permitted pursuant to Article
III, Section 100-33, which states,
"In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200,
and R-400 Districts, accessory buildings and structures or other accessory uses shall be located
in the required rear yard."
According to 100-33 C., "In the case of a waterfront parcel, accessory buildings and structures
may be located in the front yard, provided that such buildings meet the front yard setback
requirements as set forth by this code."
The proposed relocation of the existing single-family dwelling will place an existing shed, which is
currently located in the front yard, into the side yard.
Total lot coverage, following the proposed addition, would remain at+/- 3 percent.
! �1
i ! e,, •
A Ile
Authorized Signature
Note to Applicant: Any change or deviation to the above referenced application, following any
ZBA decision, may require further review by the Southold Town Building Department.
CC: file, Z.B.A.
'
New York State Department of Environmental Conservation
Division of Environmental Permits
Building 40 - SUNY, Stony Brook, New York 11790-2356 Ala
Telephone (631) 444-0365
Facsimile (631) 444-0360 11111111111
Erin M. Crotty
Commissioner
March 14, 2001,
Charlotte Dickerson
460 Paddock Way
Mattituck, NY 11952
RE: 1-4738-02873/00001
Dear Permittee:
In conformance with the requirements of the State Uniform Procedures Act
(Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are
enclosing your permit. Please read all conditions carefully. If you are unable to
comply with any conditions, please contact us at the above address.
Also enclosed is a permit sign which is to be conspicuously posted at the project
site and protected from the weather.
Sincerely,
0a44/#7:—.ZieJ--
Carol A. Farkas
Environmental Analyst
CAF/ls
Enclosure
NEL, ( STATE DEPARTMENT OF ENVIRONMENTAL CONSE ION
•
DEC PERMIT NUMBER EFFECTIVE DATE
1-4738-02873/00001 March 14, 2002
FACILITY/PROGRAM NUMBER(S) PERMIT EXPIRATION DATE(S)
Under the Environmental
Conservation Law March 31, 2005
11 TYPE OF PERMIT ■ New 0 Renewal 0 Modification 0 Permit to Construct 0 Permit to Operate
I �
❑ Article 15, Title 5: Protection 0 6NYCRR 608: Water Quality 0 Article 27, Title 7; 6NYCRR
of Waters Certification 360: Solid Waste Management
❑ Article 15, Title 15: Water 0 Article 17, Titles 7, 8: SPDES 0 Article 27, Title 9; 6NYCRR
supply 373: Hazardous Waste Management
❑ Article 19: Air Pollution
❑ Article 15, Title 15: Water Control 0 Article 34: Coastal Erosion
Transport Management
❑ Article 23, Title 27: Mined
❑ Article 15, Title 15: Long Land Reclamation 0 Article 36: Floodplain
Island Wells Management
❑ Article 24: Freshwater Wetlands
❑ Article 15, Title 27: Wild, 0 Articles 1, 3, 17, 19, 27, 37;
Scenic and Recreational Rivers ■ Article 25: Tidal Wetlands 6NYCRR 380: Radiation Control
PERMIT ISSUED TO TELEPHONE NUMBER
Charlotte Dickerson (631) 298-4956
ADDRESS OF PERMITTEE
460 Paddock Way, Mattituck, NY 11952
CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER
EnConsultants, Inc., 1329 North Sea Road, Southampton, NY 11968 (631) 283-6360
NAME AND ADDRESS OF PROJECT/FACILITY
Dickerson property, 4630 Blue Horizon Bluffs
LOCATION OF PROJECT/FACILITY
Peconic
COUNTY TOWN WATERCOURSE NYTM COORDINATES
Suffolk Southold Long Island Sound
DESCRIPTION OF AUTHORIZED ACTIVITY:
Construct 117 linear feet of bulkhead with 10'and 13'returns,armored with 1-3 ton stones and place 500 cubic yards of clean fill and
planted. All work must be done in accordance with the attached plans stamped NYSDEC approved.
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the
ECL, all applicable regulations, the General Conditions specified (see page 2 & 3) and any Special Conditions included as
part of this permit.
PERMIT ADMINISTRATOR: ADDRESS
George W. Hammarth (CAF) Bldg. #40, SUNY, Stony Brook, NY 11790-2356
AUT ORIZED SIGNATU DATE
Page 1 of 4
March 14, 2002
/ ': ..------ - - • -� -- -- -- . - . .:fit
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slit <ACCESS VIA '
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___ -V (5 NOn:S 5 a 7) 4, y ,d. - : - ,¢ _ _ 3. APPROVED AS PER TERMS
_- f'4,--::- .7.--4.-_- -• - - V,_-_--_- - - = 60' - - - - - AND CONDITIONS OF
-TOP OF� --�' - "L-----4-°1-7:–.1(.1PERMIT NO. - -O2891/0°C/
EX.li U'WOE BLUFF
t
OCAtED LAN7WAR7 I I' V nuOF our C�Sf(amp'DATE_
cP 20' c? A7/ �
N N 1-A LP)TO BE aXADEP(Te NOP'6) J��~��
28' -_„? II COAstAI E1z0510N
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-- DIRT t` _� ,� `�.
ROgpAY� •``
IIS Purpose.Bluff stabilization&restoration ♦ ,c
2. Palm/4-W ` '
5. Umber to be CCA-treated
4. Westerly retail wd Ix carhwtcd dcnq
(not oxr) westerly propaty bay and
Ant(but rot cariect to) adjacent steel
bakhead to west;easterly return to be '
taca'rwxed with I-Sten store I
5. deal EN-CONSULTANTS INC. (Crsaid will betru trucked al upland 1329 NORTH SEA RD. - NV
sarcetoRIthe bluff face and SOUTHAMPTON, N.Y. 11968 �O
reest4lish a stable arae of repose
6. Biuf aest will be regaled as to 631-283-6360 0�
rerrove vertical lip ad restore crall slope Or.
7. Entire bluff to be platted with beach crass;beach
rose;Iaayberry;and Vrq is aeelxr
8. Project location 4630 Blue Fbrrzon Bluffs
t ,Mf scan ra�.1000 7� 135,51 ITOPO5En M1'AINING WAIL ANP
9. Adjacaa MUFF f 51-0PA110N FOR CHARLO1'1E
2) Wicks ON'LONG 15LANn 50UNn,
5) Prurip
• ' MAITh SI FOLK CO., NY -
51fT2ur 2 4/16/01, 9/28/01, 1/6/02
9 ti 7 b
17' CM51 OF PLUFF H n O
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C NA1C}�l7 MA IN171CA1E5 MATERIAL � b VI EX.HOU% �� 1013E 1�M0VWD ANI7 COMf3INWl71MT-1 N a, cI
per,.. n LOCATION APPPDXIMAt�LY 500 CI,3IC YAWS or 0 O
of mt,, .gyp 1-1011 5ANI2 FILL 10 DE USI-1710 P�t;51A131.15N
PROP05wf2 CRAM �.
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( ) • '.'i P120'05En PLAN11NG5(ROSH PUGO5A,MYRICA PEN5YLVANICA,
:• 10 5TAA13LISI t7 ONAf31 IJFF F NOCI55U5 QUINQ1 F01.1A) N k)
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APPPDX, 500 C1131C ,' ,4 •
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• • . ‘
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i' -0 6" X 6" WALES
co z 3/4" X 12' 11ER012 r 4p �'- FX,DeACN C�ZA55
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.� = 7 Cn
PROP,8' 12EA17MAN
�' p t 15' PMIRATION
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—OA1MO n �A51FIa.Y -11,10\1U cTh f (ANIS 12' W5SIIY Fi1J N)
z r•C110N 1WU PI:OPO5W PAINING WALL; C�I.0N11
MM PLANG5; ANP CI 51"IG ING
o - SCALA :I H = 10'
kAlbert J.Krupski, President ,,""" Town Hall
James King,Vice-President ,�� S�FFO"�c 53095 Route 25
Artie Foster ��o°° oG P.O.Box 1179
Ken Poliwoda i yd Southold,New York 11971-0959
Peggy A. Dickerson • Z
Pri
Telephone(631)765-1892
Fax(631) 765-1366
,,l
'',
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
April 25, 2002
Mr. Robert E. Herrmann
En-Consultants, Inc.
1329 North Sea Rd.
Southampton, NY 11968
RE: CHARLOTTE DICKERSON
4630 Blue Horizon Bluffs, Peconic
SCTM#74-1-35.51
Dear Mr. Herrmann:
The following action was taken by the Southold Town Board of Trustees at their Regular
Meeting held on Wednesday, April 24, 2002:
RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit
#5409 to include bluff plantings and bluff crest re-grading.
This is not a determination from any other agency.
If you have any questions,please call our office at(631) 765-1892.
Sincerely,
m.
Albert J. Krupski, Jr.
President, Board of Trustees
AJK:Ims
- k,,Albert J.Krupski, President ,.""""'- Town Hall
James King,Vice-President ,•1 %' F°L/f' A 53095 Route 25
Artie Foster �o��°v" Co�jy P.O.Box 1179
Ken Poliwoda ; CSouthold,New York 11971-0959
•
Peggy A. Dickerson ; vs • _ Telephone(631) 765-1892
O
'l�� Fax(631) 765-1366
o
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
COASTAL EROSION MANAGEMENT PERMIT
Permit#5519
Date: April 25, 2002
SCTM#74-1-35.51
Name of Applicant/Agent: Robert E. Herrmann-En-Consultants, Inc.
Name of Permittee: CHARLOTTE DICKERSON
Address of Permittee: 460 Paddock Way, Mattituck, NY
Property Located: 4630 Blue Horizon Bluffs,Peconic,NY
DESCRIPTION OF ACTIVITY: Relocate the existing dwelling landward of the Coastal
Erosion Hazard Area boundary.
Permit will expire April 24, 2004.
SPECIAL CONDITIONS: (apply if marked)
_Bluff restoration through a re-vegetation plan is a necessary special condition of this permit.
_A relocation agreement is attached hereto and is a necessary special condition of this permit.
A maintenance agreement is attached with application and is a necessary special condition of
this permit.
62M-tA-1 dt,...w. .
Albert J. Krupski, Jr.
President,Board of Trustees
�T 04 DEPARTMENT OF THE ARMY
�\ NEW YORK DISTRICT, CORPS OF ENGINEERS
a�' ; �2 JACOB K.JAVITS FEDERAL BUILDING
a; "illl!;` l�' NEW YORK,N.Y.10278-0090
S7Ans of
REPLY TO May 11, 2001
ATTENTION OF
Eastern Permits Section
_ _m_ - - • a . . • _ , _ • . • , .. _ i . — . . .. — a _ • a a _ - M - a ■
Charlotte Dickerson
c/o En-Consultants, Inc.
1329 North Sea Road
Southampton, New York 11968-2015
Dear Ms . Dickerson:
On May 1, 2001, the New York District, U.S. Army Corps of
Engineers, received a request for Department of the Army
authorization to construct approximately 138 linear feet of timber
revetment landward of the spring high water line of Long Island
Sound. The project is in Peconic, the Town of Southold, Suffolk
County, New York.
Our review indicates that since the proposed work does not
appear to include dredging or construction activities in' or over
any navigable waters of the United States, the placement of any
dredged or fill material in any waters of the United States
(including coastal or inland wetlands) or the accomplishment of any
work affecting the course, location, condition or capacity of such
areas, a Department of the Army permit, in accordance with 33 CFR
320-330, will not be required provided the proposed work is
executed in accordance with the referenced material .
Care should be taken so that any fill or construction
materials, including debris, do not enter the waterway to become a
drift or pollution hazard. You are to contact appropriate state
and local government officials to ensure that the subject work is
performed in compliance with their requirements .
If any questions should .arise concerning this matter, please
contact Mary Ann Miller, of my staff, at (212) 264-6730 .
Sincerely,
James -W. Haggerty
- _ Chief, Eastern Permits Section
Enclosure
•
SURVEY OF LOT I
SUBDIVISION MAP OF
BLUE HORIZONS
FILE No. 1Q74 /
SITUATE: PEGONI0 010-k.
TOWN: SOUTHOLD81
SUFFOLK COUNTY, NY
SURVEYED 10-IS-2000
"f�7
AMENDED I1-21-2000, ��
09-05-OI, row added 01-05-02
prop. hse. OI-18-02
SUFFOLK COUNTY TAX # ‘,7--4- 38
1000-14-1-3551
CERTIFIED TO: ®�A1`Y • /�
CHARLOTTE DICKERS°, y, l/
ooA s ,
0 opo { x\,° P�\- , .,, ;'
P� �-
l : = = %- -.4, -
;
l ,- 0 ;; , ;,oQ ooA e<(.9 p� 6� ssoo9�ey , ; , , a � //yy� P
01,KHEAD ,, % 1.
eivel
0 , ------- cokis- ,-,,,),„.. -,,,e,,,,7.-: 4-g-\,, ' -0" ___ „
l ___ ROADWAY .1::: I_
-o • -'f')__
` ' ` __
�,, , '
,so �A�o ,30 ,C9 t' P59 '
it.
9
"i
i
LOT 7
_l:i t , :
f RIGHT
N52°34,40,,w OF wa , - ,. _ -- __ _ - _ _
NOTES: -- 1 - - _ _
ELEVATIONS SHOWN REFERENCE MEAN 5EA LEVEL NGVD '2G '
RIGHT OF WAYS SHOWN REFERENCE LIBER 5263 cp305 -
AND LIBER 5263 cp 311.
PARCEL LIES IN SOUTHOLD TOWN ZONING IYRSTRIGT RR '
SCALE I" =100'
• MONUMENT FOUND
TOWN OF, JUTHOLD •
BUILDr "`PERMIT APPLICATION CHECKLIS.
BUILDINI, DEPARTMENT • , „ _ '%ou hare or need the following,before applyin,
TOWN HALL Board of Health
SOUTHOLD,NY 11971 3 sets of Building Plans
TEL: 765-1802 Survey
PERMIT NO. Check
Septic Form
N.Y.S.D.E.C.
Trustees
Examined ,20 Contacts.
Approved ,20 Mail to:
Disapproved a/c
Phone:
Building Inspector
APPLICATION FOR BUILDING PERMIT
2 9 2002 IL
—� Date .(9 , 20_
1pA OF s LDJ to INSTRUCTIONS
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3
sets of plans, accurate plot plan to scale.Fee according to schedule.
b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or
areas, and waterways. -
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 issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e.No building shall be occupied or used in whole or in part for any purpose what-so-ever until a Certificate of Occupan
is issued by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordnance of the Town of Southold, Suffolk County,New York, and other applicable Laws,Ordinances or
Regulations, for the construction of buildings, additions,or alterations or for removal or demolition as herein described.The
applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations, and to admit
authorized inspectors on premises and in building for necessary inspections.
ait VP"'
(Signature of applicant or name,if a corporation)
40 WO 1 At , ►�L N. Is�tiz
(Mailing at of applica t)
State whether applicant isowner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder
Sp0\45,- o 0-une)r
Name of owner of premises CcJ\ tO . 1:c Ace'<CNN
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate officer)
Builders License No.
Plumbers License No. •
Electricians License No.
Other Trade's License No.
1. Loc ti n of land on wlucpropo work will be dopp:
Lo � ��S.Ike 1ltiovi 610. - 5 R(CIA1-C
House Number Street Hamlet
County Tax Map No. 100 Section 1 —( Block ��, I 'Lot *1
Subdivision i, 11yL '100R Section
Filed Map No. 7q1L- Lot S
(Name)
•
} .. .:YASE`iir=1'l. vl:✓2:].i• Lu.li,',.si.:., w,.'. ... ¢*d'lfd"L '�k" '
1
2. State existing use and occipanc 'premises and int d ;am an4 occup r of proposed construe -;m:
a. Existing use and occupancy _ eA.S 6 A A ..e,V`C,e,
II
b. Intended use and occupancy 3 CA SGV\fl I Y2 S t A Q,vVc 2 .
•
3. Nature of work.(check which applicable): New Building Addition Alteration
Repair `l\)( Removal Demolition I.Other Work
(Description)
4. Estimated Cost Fee
(to be paid on filing this application)
5. If dwelling, number of dwelling units 1 Number of dwelling units on each floor .l
If garage, number of cars
6. If business commercial or mixed occupancy, specify nature and extent of each type of use.
t i0 r Depth Z` f
7. Dimensions of existing structures,if any: Front . ,0 Rear
Height Number of Stories.
Dimensiors of same structure with alterations or additions: Front IC1 . - Rear
Lor
Depth x Height 'ZI Number of Stories 1
• j
� A,r: . 4o Rear - 46 Depth 2
8. Dimensions of entire n�-ee�sg�ien: Front
Height Number of Stories
-, 9. Size of lot: Front (114-: Rear
��' Depth 1.c '
10. Date of Purchase 1U.Vi€. Z 00 U. Name of Former Owner
11. Zone or use district in which premises are situated .
12. Does proposed construction violate any zoning law, ordinance or regulation:
13. Will lot be re-graded . 0 Will excess fill b I.removed.fr9mppremises: YES NO
14.Names of Owner of premises .Lk��(UrGt r t clefkbYAddress 401d4oct. W . PhonIlait;kale-, 6 No. 631-zQV-495‘
Name of Architect . CA,Ane Address ISANAe Phone No S,avhe
Name of Contractor vont Address SA•sme. Phone No. S,a't
15. Is this property within 100 feet of a tidal wetland? *YES (NO1 (ire ta,,,, t oo�-4'o y, 11r (n WAVer)
c • IF YES, SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQUIRED
16. Provide survey,to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey.
STATE OF NEW YORK)
I SS:
(�
COUNTY OF tAk, )
11A‘& C b+, being duly sworn, deposes and says that(s)he is the applicant
(Name of individual signing contract)above named,
(S)He is the S()% tAC{ COU\T (AcAor
ontractor,Agent, Corporate Officer, etc.)
of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application;
that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
Sworn to before me this -
44- day of 20
kikk
/2 NotarPuPublic Signature of Applicant
MARK T.GAGEN
NOTARY PUBLIC,State of New York
No.4695650 -
Qualified in SLffolk Cou31,s
Commission Expires May nty
OZ.
I ;
l j, -7
COUNTY OF SUFFOLK '
it
5i®.•
ROBERT J GAFFNEY
SUFFOLK COUNTY EXECUTIVE
THOMAS ISLES, AICP
DEPARTMENT OF PLANNING DIRECTOR OF PLANNING
June 9, 2003
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)submitted to the Suffolk County Planning Commission is/are considered
to be a matter for local determination as there appears to be no significant county-wide or
inter-community impact(s). A decision of local determination should not be construed as either an
approval or a disapproval.
Applicant(s) Municipal File Number(s)
Kirkiras, Fotios and Fotini 5170
White, R and L 5214
Woodhouse, John and Jerilyn 5218
Sprint Spectrum LLP (Orient Congregational Church) 5224
Dickerson, Charlotte 5256*
North Fork Bank 5277
Fishers Island Club 5290
Burns, Philip and Joyce 5297
Dinizio, Paul 5299
Chin,Nancy 5312
Kalogeras, George and Stella 5320
*Alternative relief appears warranted, particularly as set forth by the ZBA.
Very truly yours,
Thomas Isles
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:cc
G:\CCHO RNY\ZON ING\ZONING\WORKING\LD2003W UN\SD5170.JU N
LOCATION MAILING ADDRESS
H LEE DENNISON BLDG -4TH FLOOR ■ P 0 BOX 6100 ■ (516)853-5190
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER (5 1 6) 853-4044
May 7, 2003
Mr. Allan Dickerson
460 Paddock Way
Mattituck, NY 11952
Re: Appl. No.5256—Variance (Dickerson)
Dear Mr. Dickerson:
Enclosed please find a copy of the Board's determination regarding the
above-noted application for a zoning variance.
Please be sure to follow-up with the Building Department for the next step
in the zoning review and application process. Before commencing construction
activities, a building permit and possibly other agency approvals are necessary.
An extra copy of this determination should be made available (if requested) at the
Building Department when submitting final drawings and any other required
documentation. This will assist their office during final reviews.
Thank you.
Very truly yours,
Linda Kowalski
Enclosure
Extra Copy on 5/7/03 delivered to:
Building Department
I= !
r
June 3, 2003
Mr. Gerald G. Newman, Chief Planner
Suffolk County Department of Planning
P. 0. Box 6100
Hauppauge, NY 11788-0099
Dear Mr. Newman:
Please find enclosed the following application with related documents for review
pursuant to Article XIV of the Suffolk County Administrative Code:
Appl. No. 5256 - Dickerson
Action Requested: Relocate nonconforming dwelling
Within 500 feet of: ( ) State or County Road
( X) Waterway (Bay, Sound or Estuary)
( ) Boundary of Existing or Proposed County, State, Federal land.'
If any other information is needed, please-do not hesitate to call us. Thank you.
Very truly yours,
LAT:pq Lydia A. Tortora, Chairwoman
Enc. Southold Zoning Board of Appeals
SOUTHOLD TOWN BOARD OF APPEALS
SPECIAL MEETING- TRANSCRIPT OF HEARINGS
HELD APRIL 3, 2003
(Prepared by Jessica Boger)
Present were:
Chairwoman Lydia A. Tortora
Member Vincent Orlando
Member Ruth D. Oliva
Member Gerard P. Goehnnger
Paula Quinteri
PUBLIC HEARINGS:
6:47 p.m. CHARLOTTE DICKERSON #5256—(continued from 2/6/03) This is a request
for Variances under Section 100-239.4 and 100-33C, based on the Building Department's
September 3, 2002 Notice of Disapproval, for: (a) a proposed new location of a dwelling,
replacing the existing building, with a setback at less than 100 feet from the top of the bluff
the Long Island Sound, and (b) a proposed accessory building in a side yard area. Location:
4630 Blue Horizon Bluffs, Peconic; 74-1-35.51.
CHAIRWOMAN: 16' from the rear property line and 36' from the top of the bluff?
MR. DICKERSON: Yes.
CHAIRWOMAN: So on this you're showing 20' from the rear line and I'm trying to figure
out how you'd manage to-
MR. DICKERSON: Remember the L-shaped portion of the structure to the east? You asked
if I'd even it off with the front of the house.
CHAIRWOMAN: That's how you got the 4'?
MR. DICKERSON: That's where that section went out 12', now it would only go out 8', so
we'd cut off 4' off the front of that, so we gained 4' in here and then we had to move because
the structure would be located right in the middle of where the LIPA pole is and we'll have
that moved to the rear of the property.
CHAIRWOMAN: Once we have concluded this you will prepare a survey before we finalize
this.
MR. DICKERSON: I'll have Mr. Aihlers on the job and send down some new surveys for
you. There was a question about the house being occupied. The neighbors to the west
indicated it hadn't been occupied for like 10 years and I have a copy of the closing statement.
Page 2
April 3, 2003
Southold Town Board of Appeals Special Meeting Public Hearing
I have all the original papers from the closing statement. I didn't make 6 copies of this, but
it's the bill for the closing statement itself that indicates that the buyer reimbursed us $3366
for the year 2000 because it was rented for the entire summer season of the year 2000 and I
think I wrote down the names of the renter with his work number and his apartment number
in NYC. He called and asked us to rent it again in the 2001 season and we declined because
we wanted to start to renovating and move the house and have it ready for our own use. You
also asked if I took any pictures of any events that we might have had there. These 2 sets of
pictures were taken by my daughter. I'm not a picture taker, but this was in June of 2001 and
these were in May 2001.
CHAIRWOMAN: Just give the board members a chance to look at these a second, okay?
MR. DICKERSON: I think the neighbors to the west are very concerned that all we were
going to do is move this dilapidated structure back and try to occupy it in it's present
condition. Just for the record and so the board knows I wanted to tell you that I bought 2
buildings in Mattituck over the last 10, 12 years and 1 was in an unoccupied Exxon gas
station on the corner of Wickham Ave. and Main Rd. in Mattituck and we turned that into an
insurance office completely renovated the building and now it's a credit to the location and
Dr. Notaro is the present owner of the building. I also bought the building directly across the
street which was an old Bohacks supermarket on the south side of the road and it hadn't been
touched in quite a few years. And I think we turned that building into a credit to the
community. It's presently occupied by the Reeve Insurance Agency and Peconic Bay
Medical Care on the east side of the building. So we plan to completely refurbish this
building and make it look entirely different than what it is but it would be in the same
footprint if the BD will go along with it I would like to try to preserve some of the historical
elements of the building, but I think that's probably within the BD's purview I have to go by
what they tell me to do.
CHAIRWOMAN: Have you had any further discussions with the neighbors?
MR. DICKERSON: No. I went up in the middle of the winter when it was snowing real bad
I see he put in a cattle fence along this property. 4'high wire fence with a 12' opening. It
doesn't bother me to have the fence there because we can shield it off from our property,but I
do feel sorry for the neighbor to the west, Mr. Dina who has a deeded ROW over the Wick's
property and they have a 12' cattle gate across this cattle fence and if he was concerned about
the appearance of our renovated cottage, that didn't add to the neighborhood I don't think.
MEMBER GOEHRINGER: In light of the 4', I find that extremely positive because then
you don't crowd that rear property line. It's not really rear, it's really front, side, whatever
you want to refer to it as. And as you know at the prior hearings, I supported the amount of
work you have done on this piece of property and I think you gave us a figure in excess of
$50K in reference to re-nurturing the bluff,bulkheading the toe of the bluff and that can only
further enhance the stability of that piece of property so bearing that in mind I have no
further questions.
Page 2 of 34
Page 3
April 3, 2003
Southold Town Board of Appeals Special Meeting Public Hearing
MR. DICKERSON: That was one of the first things we wanted to do was get the bluff
restored and put a bulkhead in and we finally got that approval from the DEC and the
Trustees. We went ahead and the work is completed.
MEMBER GOEHRINGER: You are the only one down there where the bulkhead in that
general vicinity, right?
MR. DICKERSON: The neighbor to the west has a bulkhead, Mr. Dinas.
MEMBER OLIVA: I'm just happy at least you're at 36' from the bluff, I don't think you can
go back any further.
MR. DICKERSON: Actually it's a little more than 36 - 6 or 8" or a foot more, so I think it fit
into the area and it keeps it 20' off the south line and more than 36' from then crest of the
bluff.
MEMBER OLIVA: What type of plantings have you put on the bluff to hold it in?
MR. DICKERSON: The DEC required that we plant beach grass the entire length of the
bluff and also put in some other different things. Virginia creeper and-
MEMBER OLIVA: Poison ivy is wonderful. You may not like it,but it does hold it in.
MEMBER ORLANDO: No other questions from me, Mr. Dickerson has done everything
that we have requested.
CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or
against the application?
BETTY CONSTANTINE: Betty Constantine, I'm here to represent Mrs. Wicks and we
wanted to wish Mr. Dickerson many wonderful summers in that bungalow.
CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or
against the application?
KENNETH HOLMAN: Kenneth Holman, I own the parcel to the east and I'm very happy
there's going to be some positive work done on the cabin.
CHAIRWOMAN: Are the board members satisfied that the information requested is all in?
MEMBERS: Yes.
CHAIRWOMAN: I'll make a motion closing the hearing reserving decision until later. We
need the survey ASAP. Within 30 days,because we'll hold the decision until we get the
survey. So pending receipt of the survey within 30 days.
Page 3 of 34
Page 3
February 6, 2003
Southold Town Board of.Appeals Special Meeting Public Hearing
MR. PAPADOPOULOS: You buy the gazebo so people can see and enjoy it you don't buy a
gazebo to hide it. If you were in my place where would you put it?
MBER OLIVA: I would have put it by the-trees.
MR. ' 'ADOPOULOS: Well there's trees there also.
MEMBE• OLIVA: It does kind of stick out also. It's very nice, I'm not saying it's not nice.
MEMBER 0% ANDO: Isn't what brought you here the other night was one of the neighbors
complained to th: :uilding Dept.?
MR. PAPADOPOULg : Not complains, he says it enhances the area. There was no complaints
against it.
MEMBER ORLANDO.: Ho .id you get the disapproval?
MR. PAPADOPOULOS: One day . found a business card on my front door by I don't recall the
gentleman and he says the gazebo is i violation come and see me. So I come and see the
gentleman and he said you're not suppos:• put it in the front yard. I said well what can I do he
said apply for a permit they are going to d- you and then you apply for a variance and if you
want to keep it apply for a variance and that' what I did.
MEMBER ORLANDO: Was it a gentleman fro the BD or Code Enforcement?
MR. PAPADOPOULOS: Code enforcement.
MEMBER ORLANDO: Mr. Forrester. He suggested I e for variance and it should be okay.
CHAIRWOMAN: It is 25' from the road or 25' from your p ,.erty line?
MR. PAPADOPOULOS: I would say from the road. 20' from t' - property line.
CHAIRWOMAN: Is there anyone else in the audience who would li. - to speak for or against,
the application? Seeing no hands, I'll make a motion closing the hearin: eserving decision until
later.
PLEASE SEE MINUTES FOR RESOLUTION
*****
7:00 p.m. Appl. No. 5256 - CHARLOTTE DICKERSON
CHAIRWOMAN: Good evening Mr. Dickerson how are you? I believe you have some plans to
show us.
Page 3 of 12
Page 4
February 6,2003
Southold Town Board of Appeals Special Meeting Public Hearing
MR. DICKERSON: May I bring them up to you?
CHAIRWOMAN: Paula would you make 5 copies for us please? What did we come up with as
far as a setback Mr. Dickerson?
MR. DICKERSON: It's positioned 12' further back from the bluff than it was before so it's now
36'.
CHAIRWOMAN: That's kind of what we talked about. It really works out pretty good then.
MR. DICKERSON: Yes the only problem I have is with the LIPA people I have to get them to
move that utility pole that's in the middle.
CHAIRWOMAN: But that should work out pretty good because you will have a little more
space from the bluff. When do you plan to move the bungalow? Is that the correct term?
MR. DICKERSON: The remains. It's really a seasonal cottage, there's no interior trim in it. It
was just used in the summertime and that's what I'd like to keep but I don't know if the BD would
allow it to be a summer cottage it might have to be brought up to the code of the BD today and
finished off inside and insulated and so on.
CHAIRWOMAN: Eventually that would be the ideal thing to do and I'm sure you're hoping to
do that one day anyway.
MR. DICKERSON: Not me but I'm sure the successive owner would.
MEMBER ORLANO: Do you recall Mr. Dickerson all these cottages they seem to be in one
estate or compound-
MR. DICKERSON: They belonged to my grandparents. They owned the property from Rt. 48
all the way up to the sound and they had these summer bungalows that they leased out in the
summertime.
MEMBER OLIVA: How many are there?
MR. DICKERSON: 6. Actually there were 7. My aunt owned the one further to the west and
she sold that some years ago but Principi family bought the 6 cottages and the acreage all the
way down the road so when this bungalow came on the market I was most interested in it. I have
an oil painting I should have brought it made by my uncle, my mother's brother in 1912 I think
and it shows one bungalow at the top of the bluff and I think the bungalow is the bungalow we
are talking about and they call it camp bluff that was the nickname for it. So all I did on the
structure was bring it back 12'more. It was 24' on the original plan.
CHAIRWOMAN: You didn't line up that little L piece with the rest of the building.
Page 4 of 12
Page 5
February 6,2003
Southold Town Board of Appeals Special Meeting Public Hearing
MR. DICKERSON: That little L piece is now 36'back from the bluff.
CHAIRWOMAN: in other words I sense this piece is gone, it's history I had originally said if
this is 24' and this is 24' from here to here why not bring them even with each other. Is that
possible Mr. Dickerson?
MR. DICKERSON: Everything is possible.
MEMBER ORLANDO: Because that whole section has to be rebuilt so basically you would
push that one section of the house forward and you would increase your back.
MR. DICKERSON: It's actually a 4' differential there because that front shape there is 12' long
and the main part of the old bungalow there is 8' long so I could shorten it up and bring it back 4'
more if that's what-
MEMBER ORLANDO: You'd still have 36 and 20.
MR. DICKERSON: I'd still have 36+4'more so it would be 40' from the embankment.
CHAIRWOMAN: In other words what I'm sayingto you is that would only give you 16' to the
other property line. We are in a tight spot here or actually you are and I'm trying to think of a
way to if anyone follows me what I figured out before was he could get 18' to that rear property
line if he lined the 2 up and 36 in the front.
MR. DICKERSON: If I took the 4' off the front of that section we could move the cottage and
have 20' to the back line.
MEMBER ORLANDO: 36+20.
MR. DICKERSON: Yes 36 in the front and 20 in the back.
CHAIRWOMAN: Where do we pick up 20 in the back?
MEMBER OLIVA: Take this little section off.
MR. DICKERSON: Take 20' off the front part of the L shape and move that structure 4'
forward.
CHAIRWOMAN: There's 4' difference between the structure that was destroyed and the one
that's-
MR. DICKERSON: We'd have 4'more to work with and I'd push it forward and I'd have 20' in
the back.
Page 5 of 12
Page 6
February 6,2003
Southold Town Board of Appeals Special Meeting Public Hearing
CHAIRWOMAN: So you'd be at 36 and 20.
MEMBER ORLANDO: Would that help your telephone pole at all?
MR. DICKERSON: No it goes right through the middle of it.
CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against
the application?
BETTY CONSTANTINE: I'm an employee of Florence Wicks. She asked me to come and
appear for her tonight because her attorney could not come so there's a letter that she wants me to
give you would you like me to read it?
CHAIRWOMAN: You can read it. You are the neighbor directly to the west or southwest?
MS. CONSTANTINE: Southwest. Before I read this letter I just have one question. Where
does he plan to move the telephone pole to?
MR. DICKERSON: That would be up to LIPA more than me as long as I can get it out of the
way of the house. Wherever then can position it.
MEMBER ORLANDO: I would assume it's still going to be in your backyard.
MR. DICKERSON: Backyard meaning the south of the house. The line goes across Ms.
Principi's house to the east of us and then it goes all the way across to the neighboring property
owners to the west.
CHAIRWOMAN: We can see the overhead wire line right on the survey. Right now it does run
right through your house or where your house might be. Go ahead and read the letter.
MS. CONSTANTINE: The letter is dated February 3rd. The undersigned is the owner of the
land directly adjacent to the westerly property line of the land which is subject to the application.
My land is most severely effected by the action requested by this board. At the original hearing
on January 16, 2003 I was represented by Steven Angel who stated my strong objections to this
application. This application the legal notice and the survey state that the 1 story frame cottage
is to be relocated some 14' closer to my land. The existing cottage because of it's deserted
abandoned and dilapidated condition cannot be relocated. The applicant, Mrs. Dickerson, was
well aware of the cottage's condition and it's location and it's location in the coastal erosion
hazard line prior to its purchase. The zoning laws are not intended as a device to be used to the
detriment to the property rights of others. It is requested that this application be denied.
CHAIRWOMAN: May I ask you a question. When you say it's going closer to your property,
you're talking about what on your survey actually looks like the southwest. Is that correct?
MS. CONSTANTINE: Yes.
Page 6 of 12
Page 7
February 6,2003
Southold Town Board of Appeals Special Meeting Public Hearing
CHAIRWOMAN: There is an unimproved ROW. Is their a ROW between the 2 properties
now?
JOHN WICKS: How are you, my name is John Wicks. There is no deeded ROW for his piece
of property. The Dickerson property. There is a ROW for the westerly blue house that is located
west of him. That is not meant for any other bungalows on the Principe prior owned bungalows.
CHAIRWOMAN: It is not showing up on the survey that's why I'm asking.
MR. WICKS: There's no deed saying that's his ROW. He has owned the property for 2 years so
it can't be grandfathered in either. It's our property but it's owned by the Dina Elno.
MEMBER OLIVA: Who might that be?
MR. WICKS: Someone who lives in Brooklyn.
MEMBER OLIVA: Who owns it?
MR. WICKS: We gave them access to use the ROW. It's only meant for them.
MEMBER OLIVA: So your family owns the ROW and you gave this Dina permission to use
the ROW, but not Mr. Dickerson.
CHAIRWOMAN: We are talking about the ROW that is on your property?
MR. WICKS: Yes.
CHAIRWOMAN: Not the ROW that is shown on this survey on his property, correct?
MEMBER ORLANDO: You don't need a ROW do you Mr. Dickerson? You can access the
property.
MR. DICKERSON: It's not applicable. The only access when I bought the bungalow was by
way of going up that ROW and turning into the west side of the cottage there but I have cleared
out a ROW coming in directly up the roadway that comes the whole length of the property going
north and it goes directly towards that shed.
MEMBER ORLANDO: So you don't have to encroach on anyone's property to access your
property.
MR. WICKS: Can you show me what you are talking about?
CHAIRWOMAN: Certainly. This is a very shortened version of it which you have. This is the
ROW that I was asking you about here. That's your property line and where is your house?
Page 7 of 12
Page 8
February 6,2003
Southold Town Board of Appeals Special Meeting Public Hearing
MR. WICKS: Our house is about a mile back to the road but this is the ROW that I was talking
about.
CHAIRWOMAN: I'm trying to understand your concern since your house is so far away-
MR. WICKS: It doesn't matter how far my house is what matters is someone coming up and
encroaching on our property line for future building whatever people want to do with it. What's
right is right. There are setbacks on the property line.
CHAIRWOMAN: There are but I'm trying to understand how it's going to harm you.
MS. CONSTANTINE: Future planning that we are working on with the Land Trust and our
setbacks on our properties.
CHAIRWOMAN: Could you elaborate?
MS. CONSTANTINE: I could have someone come and explain it to you if you would adjourn
this to another time.
CHAIRWOMAN: I would like to get one thing clear the 15'ROW that you own right now that
separates on the boundary line that separates your property from Mr. Dickerson's property and
that's a 15' your deeded ROW. In order for us to have-
MS. CONSTANTINE: We are also concerned if we say okay build the house and these coastal
erosion laws and setbacks were put in place to save structures that have not been abandoned
which I personally consider this it hasn't been lived in for a decade, decades that I know of.
MR. DICKERSON: That's not true I bought the house in 2000. It was rented for the entire
season of 2000 so I couldn't move in-
MS. CONSTANTINE: We are down at the beach every day and I've never seen anybody at the
house.
MR. DICKERSON: I can tell you they were in there because at the closing I got the rent for
prorated portion from June to Nov. 1st from the renters.
MS. CONSTANTINE: It's inhabitable.
CHAIRWOMAN: We have no indication from the information that has been presented to us
from the Building Dept. that they have any grounds or any belief that this use has been
abandoned which means that at no time in the year it couldn't been used.
MS. CONSTANTINE: Could we adjourn this until he gets proof of this because you can clearly
look at this building and see it has not been lived in.
Page 8 of 12
Page 9
February 6, 2003
Southold Town Board of Appeals Special Meeting Public Hearing
CHAIRWOMAN: I have no objections if you want to come back and clearly present your
objections.
MS. CONSTANTINE: Mrs. Wicks bought this farm for her security and the back piece is the
valuable piece of property. She's elderly but she could live 10-12 or longer years and we are
relying on that for our financial security and we are relying on that for taking her care and she's I
don't think it's fair because he purchased in 2000. He was well aware of the coastal erosion line
and the condition of the shack and also the setbacks. He's an intelligent man. He invested his
money in it thinking he open up a building envelope. He found some little niche he wants to
play on an emotional need. I don't think it's fair.
CHAIRWOMAN: He's entitled to apply for a variance. That is his right.
MS. CONSTANTINE: And it's our right to oppose it. We're not trying to be mean. We have to
look at our own future.
CHAIRWOMAN: Let me try to get this clear. Are you saying you don't want him to have any
building there. That you would object to any kind of structure there?
MS. CONSTANTINE: I don't think we are objecting to any structure I think there's a lot if
things that need to be looked at than just moving a building back. I look at that building and it
looks totally abandoned. Where's the waste going? What are the plans? I'm sure when he
moves the building back is he going to use the existing sewage and what sewage is it?
MEMBER ORLANDO: You have to upgrade the septic system by county code.
CHAIRWOMAN: Those are issues that-we are trying to establish a building envelope that is
the most workable in terms of the bluff to protect the bluff to protect the bluff area and at the
same time respect the adjoining properties so those are the issues we are looking at now.
Certainly if you have other issues as Mr. Orlando said the Health Dept. will make those
determinations. That's really not within our purview. Our purview is to look at the code, look at
what he's applied for and to listen to you and to see how is this going to directly harm you and
balance that between how is that going to benefit him and that's where the crucial question I ask
you is he has come up with a couple of plans that we've requested but what of those plans are all
of those plans going to be too close to the property line, I don't know, is 20'too close to your
property line?
MS. CONSTANTINE: What if we have a bad storm and he has to move it back another 20'? In
the they are already threatening to go into arbitration to have our property condemned
which is like hysterical.
CHAIRWOMAN: I'm sorry, I didn't hear.
Page 9 of 12
Page 10
February 6, 2003
Southold Town Board of Appeals Special Meeting Public Hearing
MS. CONSTANTINE: In the foyer he threatened to have our property condemned because we
wouldn't sell it to him which is -
CHAIRWOMAN: I'm not aware of those things and we generally don't give in to civil matters.
MS. CONSTANTINE: I would like to take this back to PLT and go over whatever questions and
investigate it more before we say we don't want a building. We want to make sure it's for the
best for everybody in the situation.
CHAIRWOMAN: I'm sure you are. I'm trying to establish is a building envelope that will allow
him to create a building. That means it could be a brand new building. He's here for a variance.
The variance runs with the land. He will not be able to move it forward or closer to the bluff or
closer to that property line without further approvals from us. That's what we are trying to do.
We are trying to say here's a reasonable area to build in. If he wants to build a new house there
he's going to have to meet certain code standards, health dept. standards any number of- what
we are looking at right now is variance request that he's before us and rather than just moving a
bungalow back that may fall down.
MS. CONSTANTINE: I would have to speak this over with Mrs. Wicks but personally I mean I
would rather see a home that meets the codes than a shack that looks like it's going to blow over.
MEMBER ORLANDO: I would think that Mrs. Wicks being that she wants to try and recoup as
much money as she could for her estate or for whatever purpose for her retirement would think
that she would Mr. Dickerson to improve the property so you could get more for your property.
Because he could leave it as a shack but that would reduce your value so-
MS. CONSTANTINE: She's 94, she's retired. You can't just look at this as one little piece of
property without looking at the whole property.
MEMBER ORLANDO: I am I was just answering your one question.
MS. CONSTANTINE: If we could have time to review it with PLT and a coastal engineer that
we are working with possibly we could just come to terms maybe this is something that's very
good for the piece of property and maybe to our best benefit but I'd like to really just have the
time to review it.
CHAIRWOMAN: We have no objections to that providing it's a reasonable amount of time
because-
MS. CONSTANTINE: We don't want to make an enemy out of this either.
CHAIRWOMAN: Mr. Dickerson, you heard your neighbors concerns we kind of agreed to
allow her to go back and bring in some other things. What kind of time frame are you talking
about?
Page 10 of 12
Page 11
February 6, 2003
Southold Town Board of Appeals Special Meeting Public Hearing
MEMBER ORLANDO: Do you have any documentation on the renters you had that summer
Mr. Dickerson?
MR. DICKERSON: Yes I can bring in the documentation that shows it was rented and the
Principi family had rented it out and at the closing they had to prorate that rent for the rest of the
season so we couldn't occupy it ourselves and in 2001 we went up to the bungalow we used it on
occasion through the year, had some cookouts with our grandchildren. The house was as I
explained to you last time when you walked through the door you felt like you were on a
trampoline because the post had all rotted underneath and we started to try to preserve the-
MEMBER ORLANDO: Well if you took any pictures that summer of the barbeques or
cookouts, that would be fine.
MR. DICKERSON: We didn't take any pictures, but I can bring in some of family members that
were there.
CHAIRWOMAN: If you could give us that information- how long are you requesting?
MS. CONSTANTINE: 60 days please I know it seems like a long time, but Mrs. Wicks, she's 94
and it sometimes takes us awhile.
CHAIRWOMAN: That would put it on the April calendar. What do you think Mr. Dickerson?
MR. DICKERSON: I live in Mattituck so I'm here all the time.
CHAIRWOMAN: We will set it for 6:30, April 3. Mr. Dickerson if you'd like to draw that
other plan that would be fine and I understand you can't do this with the surveyor at this point
and since we are still trying to find something that's acceptable to everyone why don't we go
ahead and kind of leave it the way it is right now until we finalize something. We had 36 and 20.
MR. DICKERSON: Before I leave I'd just like to say that I couldn't condemn their property in
any way I said to Mr. Angel that the only access we had to the bungalow when we bought it was
over that ROW and then up to the west side of that cottage and I think that ROW has been used
for many years and I never wanted to institute a adverse position claim as Mr. Alunodina also I
think it shows as a dirt road which is quite far south of the ROW and that's the road that he uses
and I use to get into the west side but I have cleaned up enough so I can get into the east side of
the bungalow so I don't need that ROW so that's not a problem what I said to Mr. Angel maybe I
should have pursued an adverse position claim because I'm sure my relatives for 70 years were
using that property, you know that ROW. Anyway I didn't try to condemn their property, I never
used that word.
CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against
the application? Seeing no hands, I'll make a motion to adjourn this hearing until April 3, at
6:30.
Page 11 of 12
Page 69
January 16, 2003
Southold,Town Board of Appeals Regular Meeting Public Hearing
MS. WICKHAM: You are looking at the Cromack property. The jogs are totally blocked out by
I would like to add the fact that I do like the fact that you are having daytime
meetings.
CHAIRWOMAN: So do we, we are actually awake. Do the board members have any
questions? I'll make a motion closing this hearing reserving decision until later.
PLEASE SEE MINUTES FOR RESOLUTION
********
2:27 pm Appl. No. 5256- CHARLOTTE DICKERSON. This is a request for Variances
under Section 100-239.4 and 100-33C,based on the Building Department's September 3, 2002
Notice of Disapproval, for: (a) a proposed new location of a dwelling, replacing the existing
building, with a setback at less than 100' from the top of the bluff of the Long Island Sound, and
(b) a proposed accessory building in a side yard area. Location: 4630 Blue Horizon Bluffs,
Peconic; 74-1-35.51.
CHAIRWOMAN: Is someone here who would like to speak on behalf of the application?
ALAN DICKERSON: I'm the other half of the Dickerson family. My name is Alan Dickerson,
her husband. Unfortunately she's in the hospital with surgery today. She couldn't be here, but
we became very interesting in buying this small piece of property as it belonged to my mother's
family, the Vail family up on the sound and they had a half a dozen small summer cottages there.
We bought this one summer cottage that we could enjoy strictly during the summer. We have
installed a bulkhead below, we got the permits from the Trustees and the DEC and we finally got
the bulkhead installed so the possibility of further erosion to the embankment should be
mitigated. We want to keep the bungalow exactly as it is and move it back to it's new location
behind the coastal erosion zone line and that's the reason for the two permits. Once we move it
back then the little storage building to the east becomes the need for a variance because it's in the
side yard and not the rear yard any longer. That's the only comments I can make about- we want
to continue it's seasonal usage not make it a year-round bungalow or anything like that. We are
going to keep it un-insulated and strictly use it during the summer and use as much of the
dwelling as we can without improving it hardly at all.
CHAIRWOMAN: You have an existing setback of 7' from the top of the bluff and you are
proposing a setback of 24. The east part of that main building has been demolished. It's gone,
it's history.
MR. DICKERSON: It demolished by itself It was built on wooden posts and the termites got
into the east end and we started to try to reinforce the floor and the entire bungalow and the
entire bungalow and the east end kind of fell down around us so we had it carted to the dump.
But we intend to put it back in the same shape, same square footage and same floor design.
CHAIRWOMAN: That's the real question here because quite honestly the board is very
reluctant to consider a 24' setback at the top of the bluff. I don't recall approving one in the years
Page 69 of 128
Page 70
January 16, 2003
Southold Town Board of Appeals Regular Meeting Public Hearing
that I've been on the board since 1995. That L-shaped part that you want to re-construct that
comes out 4' of what's left of the existing bungalow. Since both sides of the existing bunalow,
what's left of it and the L-shape that you want to reconstruct and still maintain that 4' - if you
simply lined them up you would go from 24 to 28' setback. You have an existing setback to the
south property line of 28'. If you moved-it-back another 8'we would now be at 36' which would
be a lot more palatable than 28'particularly in view of the fact that you're going to have to
reconstruct that L shaped part anyway.
MR. DICKERSON: That's true.
CHAIRWOMAN: The other question that's obvious is are you sure can move that?
MR. DICKERSON: I think we are going to move it pieces after talking to a builder.
CHAIRWOMAN: I was saying to myself I don't know how you are going to move that without-
MR. DICKERSON: We saved all the wide boards in the main part of the structure and stored
them in that little storage building to re-install them when the construction is finished. We want
to put it on cement piers this time instead of wood posts so it isn't quite as susceptible to termite
damage as it was before.
CHAIRWOMAN: I recognize it's a difficult lot. It's a flag lot. It has very long driveway and a
very limited building envelope, however if you were to simply line up the reconstructed L-shape
part with what's left of what we'll call the main building for lack of other words and then move
the whole thing back 8', you would end up with a setback of 36' from the top of the bluff as
opposed to 24. •
MR. DICKERSON: My immediate thought would be to reverse the L shape and have it go south
instead of north.
CHAIRWOMAN: That's another option. As long as it's on the same line as the existing
building which would leave you a setback in the rear of approximately 20' to the property line.
MR. DICKERSON: You'll notice there's a utility pole there that we are trying to work around
because we called LIPA and made an arrangement to have an engineer come out and look at
moving the pole back to the property line to the south, but by the time we got done it was going
to cost over$5000 just to move 1 pole. We are trying to work around the size of the lot and
everything else.
CHAIRWOMAN: You just bought the lot a couple of year ago?
MR. DICKERSON: Yes, 2000.
CHAIRWOMAN: Let's see if the board members have any questions. Mrs. Oliva?
Page 70 of 128
Page 71
January 16, 2003
Southold Town Board of Appeals Regular Meeting Public Hearing
MEMBER OLIVA: I get a- for your own safety and health I really have a problem putting
anything close to that bluff. I looked at the bluff and I have been part of a study done by the
town for erosion control. And even though it is bulkheaded below you have sandy soil and I
know you put the beach grass in there,but those sandy bluffs have a tendency to wash out even
from the top and I would prefer to see you-get back as far as possible from that bluff and 36'be
the absolute edge, I'd like to see you back even further. I understand you do have problems with
the property line,but I'd like to see you as close to the ROW as possible, frankly.
CHAIRWOMAN: Mr. Orlando?
MEMBER ORLANDO: No questions, you answered my question in regards to a footing or a
foundation you are going to put it on concrete pillars.
MR. DICKERSON: Of course that depends on the building department if I can do that,but that's
what I'd like to have.
CHAIRWOMAN: Mr. Goehringer?
MEMBER GOEHRINGER: Mr. Dickerson as you know we belong to the same club in
Mattituck, it's called the MFD and I've discussed this with you to a certain degree both prior to
and after the inspection. You had told me that your wife and yourself spent in excess of$50K
rehabbing the bluff.
MR. DICKERSON: With the insulation of the bulkhead and the required amount of sand
brought in from off site was the way the DEC required that we bring the sand in off site and put
down in front of the of course plane the beach grass and the plantings there.
MEMBER GOEHRINGER: Because of the beach grass replenishment and because of the fact
that I'm sure that you're going to continually work on that bluff because you don't want it to
change I can understand why you want to place it in the position that you want to place it in, I
unfortunately only have one vote. Whatever the board intends to do in reference to a minimum
setback from the top of the bluff will be something that we are going to deal with. Unfortunately
you have to move the house so whatever that manipulation is in reference to footage and
whatever way you have to manipulate the house is the way we are going to end up with my
fellow board members.
MR. DICKERSON: Once the vote is taken by the board here will they give me the opportunity
to come back with another plan locating the house in a different way like the madam chairman
mentioned the L shape at the end if I reverse that would I have to come back for another variance
hearing or how would that?
CHAIRWOMAN: In other words, if something like that were agreeable to you, you do not have
to come back. If you can get it back so that it would be 36' from the top of the bluff, that's the
variance that would be granted. No you would not have to come back. Let's see what happens.
Page 71 of 128
Page 72
January 16, 2003
Southold Town Board of Appeals Regular Meeting Public Hearing
Is there anyone else in the audience who would like to speak for or against the application? Mr.
Angel?
STEVEN ANGEL, ESQ: My name is Steven Angel, Essex, Hefter, and Angel in Riverhead. I
represent the owner of the property I guess-in connection with this lot to the south where the
setback would be. The setback relief, it's Florence Wicks and she owns that large parcel of
farmland that abuts the applicant's property. She couldn't be here, she's a bit infirmed, she's in
her 90's. Her great-grandson is here with his mother sitting right behind me. I got involved in
this only a couple of days ago because Florence Wicks is represented by a lawyer in Nassau
County whose son I know and he's also fairly elderly and he's also having surgery so I got
involved on Tuesday and here I am. I looked at the application that was sent out in the mail by
Mrs. Dickerson and to some extent it was a little misleading to me. It shows the relocation of the
cottage as a fairly large structure and I went up there yesterday and it did not look like the survey
that came in the mail. Half of it was missing. I came over here and I found out that the file
reflected that half of it was missing. I also looked at the existing cottage and I have 3
photographs that Mrs. Wick's great grandson John took and I'd like to submit them. I think what
we have here is really an application to sort of move a building envelope. I'm not too sure that
this structure has much functional utility as a cottage the way it is today. At the risk of being
fresh, as you know, I know a lot about abandonment of structures and this one looks closer than
the last one I was on. I don't think Ms. Wicks or her family are opposed to the use of the
property,but I think what we have here is - I think what you are dealing with is an application to
construct a house on a nonconforming substandard lot. Now I recognize that the applicant has
put a substantial amount of money or it's predecessor has put a substantial amount of money in
there. I looked at that bluff and that wasn't constructed for free,but what we have here is a
situation I think where we have not just really relocating a building which is in existence. What
we have really is a full blown variance application where we can see what the impact is in the
neighborhood and perhaps your concern is the bluff and that's an important environmental
coastal concern. Our concern is the proximity to our property, I think we are talking about
relocating at least in the applicant's eyes a portion of a structure that doesn't exist - I don't know
how you do that,but what I think would be appropriate at this point is rather than an action is
that perhaps you could get a revised plan showing actual setbacks what is proposed to be
constructed in light of your comments and in light of my comments and then perhaps we can go
from there. That would be my suggestion.
CHAIRWOMAN: Mr. Angel I actually agree with you what we are looking at is an application
for a building envelope. That can be established - I mean I understand his predicament -my first
question to you would be would your client have an objection to a foot on that south property
line because your client is directly south of that ROW, correct?
MR. ANGEL: I can't say she wouldn't have an objection, let's put it that way. I met with Mrs.
Wicks yesterday and actually it was sort of an unusual meeting because I looked at the
application that I got from her lawyer which just showed the survey and I was trying to convince
her really that moving an existing house from the coastal zone line, that sounds like a good
application to me and she was arguing with me, and I went up there and looked at it and I
Page 72 of 128
Page 73
January 16, 2003
Southold Town Board of Appeals Regular Meeting Public Hearing
realized that I had to come here today because it wasn't as simple as the paper indicated. I don't
know the answer to that question, I would have to speak to her.
CHARWOMAN: How far is her house from the ROW?
MR. ANGEL: 3/'s of a mile. Her house is right down on the road. That property is a 70 acre
parcel that is being studied for development and other purposes by I believe the Peconic Land
Trust right now, isn't that correct John?
CHAIRWOMAN: I appreciate your concerns, I couldn't agree with you more. What we are
doing here is establishing a building envelope because as I mentioned to Mr. Dickerson if the
house falls down, you're going to reconstruct it. I'm sure you didn't spend $200K to keep a little
bungalow that could fall down. What you're looking for is a footprint. I think that's clear, I think
we are all clear on that. If you would like to re-submit a plan outlining your proposed house
showing that 20'rear yard setback and a 36' setback to the top of the bluff, is that something you
would consider?
MR. ANGEL: It's something we would consider, I just can't commit, it's not something, I met
Mrs. Wicks yesterday for the first time, she's represented by a gentleman named McBride who
I'm doing a favor for who in fact had surgery this week. He's from Nassau County. I just can't
commit her to anything. I think one of the things Mr. Dickerson should consider is when they
deal with your particular concerns, they should consider the impact on the property that's close to
them perhaps by landscaping or location of the house. I don't know, I don't want to, I don't
know how to even judge that.
CHARWOMAN: Landscaping for how many feet away?
MR. ANGEL: I have no idea. I don't want to make a suggestion that would bind her at this
point, I'm just raising issues that I was able to identify yesterday.
CHAIRWOMAN: Mr. Dickerson.
MR. DICKERSON: I have one comment before I pursue the variance permit, more than a year
ago, I wrote a letter to Mrs. Wicks offering to buy 8/10's of an acre from our southwesterly
portion of the lot all the way down to the south boundary of our west bound property line and I
offered to pay her a fair price, whatever the appraisers would put it at, put for all the legal
expenses and do whatever so it wouldn't cost her anything, and I never had the courtesy of a
response to that letter because I felt then I would have enough property to move the house further
back, but the present situation, I can't do that.
MEMBER GOEHRINGER: Can I just ask a question? Mr. Dickerson I just had a thought of
looking at this. If you actually took that shed and moved that back farther and put that building a
little kiddy corner in that troth area going back down further to the east and south, you could
achieve the same situation without affecting Mr. Wicks family and working out a situation here.
But again predicated on the fact that this is just a seasonal dwelling and you know some years
Page 73 of 128
Page 74
January 16, 2003
Southold Town Board of Appeals Regular Meeting Public Hearing
later you may want to change or the Wicks family might want to sell you something at that point.
But I think you could work that out simply because you are moving places anyway. That's just
my opinion. I think we should give you some time to work some conformities out back with an
AB plan-
MR. DICKERSON: I would like to work out something.
CHAIRWOMAN: If you'd like to -that's fine. Why don't we do this, what we are looking at is a
minimum 36' from the top of the bluff, try to hold a 20 on that south property line. Why don't we
adjourn the hearing until February 6th that will give you some time to come up with a couple of
alternative plans because once we approve something, we don't want to see you here 3 years
from now. If you want to convert it to a full-time house, that's fine.
MR. DICKERSON: We don't have any interest in doing that,but we'd like to.
CHAIRWOMAN: If you do, we don't want to do double work for you. Does that sound
reasonable? Let's just give you a time on February 6th it would be 6:50.
MR. DICKERSON: And you'll send some type of notification to me?
CHAIRWOMAN: No, you're getting it now. 6:50 and you'll come back with some alternate
plans. Make a motion to adjourn the hearing until Feb. 6th at 6:50 pm.
(recess)
MEETING ADJOURNED
*****
2:58 pm Appl No. 5236 - PETER& SONIA PANAGOPOLUS. This is a request for a
Variance under Section 100-239.4A.1, based on the Building Department's September 30, 2002
Notice of Disapproval concerning a proposed dwelling at less than 100' from the top of the bluff
of the LI Sound at its closest point. Location of Property: The Strand Way, Pebble Beach Farms
Lot 122, East Marion; Parcel 30-2-70.
CHAIRWOMAN: Is someone here who would like to speak on behalf of the application?
PETER PANAGOPOLUS: I'm Peter Panagopolus, I'm the applicant for lot 122 on the map of
Pebble Beach Farms in East Marion tax map # 30-2-70. We are building a home and just after
the surveyor put the stakes down we realized that we were going to be at the beginning of our
home west right adjusting to our lot. In other words we are going to be way towards the road
completely all alone away from a line of homes to our west and also on our lease which will
explain - our concern is that if we did build to the angle in other words the home on our east if
we are going to build right back here which we have 110' or better from the bluff. Since the lots
are so narrow and the home on our west has windows and decks I cannot control. People sitting
on their deck can view us because we are going to have a glass door and windows, they can view
Page 74 of 128
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ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD•NEW YORK
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In the Matter of the Application of /� i
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(—COUNTY OF SUFFOLK)
STATE OF NEW YORK)
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, New York, being duly sworn, depose and say that:
, On the 2 day of li16A: 12003, I personally mailed at the
•
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iI 'CUA,C. &i,41k•
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(Signature)
•
Sworn to before me this•
Z day of 2-� , 200 3 MARKT.GAGEN
NOTARY PUBLIC,State of New York
• No.4695650
2/er,ijk Qualified in&talk County_
(Notary Public) , Commission Expires May 31,2110
PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers
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ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD'NEW YORK
- x
In the Matter of the Application of
f- `` � AFFIDAVIT
LlA4f 104kt �1Ure(Sov% �C\\AAN �.' lcxerS°1& OF SIGN
(Name of Applicant) POSTING
Regarding Posting of Sign upon
Applicant's Land�ldentifi��5
1000- fl/
--x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, A4\ w, C. 9 l-c. e s ry residing at 1460 ?iy- oci W.
MA4161- , New York, being duly sworn, depose and say that.
On the ID f�
day of . mNf , 2005, I personally placed the
Town's official Poster, with the date of haring and nature of my application
noted thereon, securely upon my property, located ten (10) feet or closer from
the street or right-of-way (driveway entrance) -facing the street or facing each
street or right-of-way entrance;* and that
I hereby confirm that the Poster has re ed in place for seven days
prior to the date of the subject hearing date, w ' ' eari9 g to as shown to be
(Signature)
Sworn to before me this
/(7 frday of Te-+vasa, 2003.
MELINDA L TOPPING
27-1/AL4-6- Z4047/ !Notary u, tate of YostSSuffolkk County
y-No.47070 8364
Cammisskm Expkos May I t,'too 3
•
(Notary Public)
*near the entrance or driveway entrance of my property, as the area most visible
to passersby
L7 U-16
LEGAL NOTICE t'
• SOUTHOLD TOWN „ •;
: St Ak4.00FAPORAIA. `:,,;I:i.t STATE OF NEW YORK).
THURSDAY,JANUARY 16,.2003. �•.: )SS:
PUBLIC HEARINGS
NOTICE is HEREBY GIVEN, pur- SUFF LK)
•
: suant to Section 267 of the Town-Law:
and Chapter.100:(Zonige),Code ofthe.,. , ��� A✓� 4��e%<____Of Mattituck, in said
Towu.of Southold,..the.fogowitig.putki . .county, being dUly *sworn, says that he/she- is
_ • -'hearings• 'will be held' 6y- tilf;f' Principal clerk of THE SUFFOLK TIMES, weekly
, APPEALS at the Town Hall, 53095;-.� newspaper, published at Mattituck, in the Town of
Main Road,Southold,New York 11971; Southold, County of Suffolk and State of New York,
on Thursday, January 16, 2003, at the,
times noted below(or as soon thereafter.; and that the Notice of which the annexed is a printed
:f..V-T`T4 and 16(as one coml5inedtd '• copy, has been regularly published in said Newspaper
1 10 p.m. Appl No. 5260 - Spites r once each week for / weeks succes-
and' Bene Papadopoulos. This is'11,,-; sively, commencing on the /7 day
request for-aVariance under Sectio�by
' 100-30A.4- basted on the'Build og of ,_P6--G 204-21
Department's October 21, 2002•Notice,;-
of Disapproval;concerning a gazebos -
proposed in an area rea
other than the- r„
yard, at 5.65 Inlet Lane, Greenport; ' rineipal Clerk
Parcel 1000-43-4-34 "r'
1:15'p.m.Appl'No.5229-Estate;o `l.i ,
Marie Mgr.A1-ot Waiver is requested Sworn to before me this.
wader Section 100 26 to immerge tw6z�r ►n 20
.merged parcels,one:being the northerly, day of , G
(vacant 100¢123-3-2)•portion rontai d;f.1
' Ing 18,447 sq.ft.of land area Proposed]; f �Oj ,��C
for a future dwelling, and the oihe?'`-'i C �"' ' ,
Actit
being the southerly 31,031 sq.ft.poriion''`'• LAURA E. BONDARCHUK
.(improved) (1000-123-3-4.1). The;;I„ Notary Public, State of New York
i' Building Department .in its July ;1� �; No 01,B06067958
2002 Notice of Disapproval,determined ' Qualified in Suffolk County 05
that this:property has merged due?;toy.° My Commission Expires Dec.24, 20_
4 ; common ownership after July 1,1983�ir;.
��r�
(May 1,_ 1983).•Location of'Propett`};}{,
125 and-165 Bungalow Lane,Mattituck�:
(described.•land).
1.45-p:rim.Appi No. 5235-Carol A?'
Pearce.This-is a request for a•Variadce`"
under Section 100-24413„based.on.tli k. '
4 ,.
Building Department's: Septemt
i
ber-'1 ,
2002 Notice of Disapproval•cdn •'.:.111,1I
.a proposed addition..and:al_terationg •-.
the existing dwelling portions-of.wltic ,::I )
are less hati 40 feet from the.front.i' w i
Dogwood.:Lane; East Marion;':P`' f
, 1000;38:-5,2:• . s
1:50.p:m.Appt No..5256-Ghatlo�'.„yr
-Dickerson: This is a request' s
Variantesunder..Sectidri,•100-239.4 :i. '
' ,100-:33C, based on the''BOW
Department's:September 3,`2002-No 's.
of; val;fori a'a' of
DisappYo f.). ProP.cised•
location,of:a;dwelling,.replacing.t'm" .• /,,
existing building;with.a setback at'1•-. i
than 100•feet from OW*of thebl','
,e',the:Long'Island Sound.,and(b).a p` ti'
r
b d in a side. 4.`i
posed:accessory-..uil..ung `'��:is
'.arta. Location of.PPrbperty: 4630,Btt
'Hdriton,.'Bluffs,'PQcoiiic; Parcel'1 i et;-.;;--.,
74=1=35:5.1. :` •,1i
2AO:p:m.ApplNo:5236: Peteta0•,:,i;
'. 6.44. i lns.-This is ii' -,',- 74m
�89Po
for a Variance ,under Section'.-:-.1.r.,(;-, .1�'
239:4A:1; based 'on the>Builiti��_ "A;
Department's' September' 30, . • .
• Notice.of Disapproval concerning a" a;1Is
prised dvvellfng att'�less.than 100: r
from:the.top of the bluff of.the P`%
i .Island Sound at its closest :pot'It";�_4j
', .Location-of Property:The Strand"r'.`,,,''',i.,.'
Pebble Beach Farms Lot 122, �;_
Marion;Papcel 1Q00a30-z-7b: '''-•:§;.4
•
,
.2:05 p.m.Apel No:5242-.G ,,,+ `P1
,
. Letitia Bloecker.:This is a'request�f•z�.d !r
Variance under Section'100,244'."`I':',4'.-'1,;.;-,7,
'r %
on the Building. Dep': '„s,.- �,, -
SURVEY OF LOT I
SUE3DIVISION MAP OF
BLUE HORIZONS .._1V n
FILE No. -Ta-14 d
SITUATE: PEGONIG APR 1 1 20C g
TOWN: SOUTHOLD ` r
SUFFOLK COUNTY, NY ZONING BOARD OF APr,:iAeL.ci
SURVEYED IO-I6-2000
AMENDED 11-21-2000,
001-05-01, row added 01-05-02
prop. hse. 01-18-02, 04-09-03
SUFFOLK COUNTY TAX u
1000-74-1-35.51 So ,�,`�!
�1 •
4C) °oA 1 d
6\5;b1:54 (, 1\ -,.- (0\-
0 (614 off.%�{ >r�`ne)�
•
o�` - �' %% %
of \ = I. :-
L o T 2�, �¢
- b /� :�0 ���Y '6 / AFL
O ; ;2 A. �a 9 S5Ooi9,M
tiHeaD ::,/,,...,;;,,,,,/,>, rrE
'��¢ 8. O���p utJ
�o � � LOT
o 00 6r JO
J- ����0/ ` O\- A('` 1--0 ---___ ROADWAY _"- - --- __
.I, 4 - -- ________ ---______ _ W 1
Z
,-F-*O's ��P���a _ $�4s, N52°34��„w ______________2F-------____-__ _ z ' Lo 7
0 LAND N _
----_ LI ____--_____ o `_ _
0\ OW OR FOR r -_--____ ' N
WICKS MERLY OF 800.9r
:::. -:- -
A. RI6�T OF WAY
2 C4
IV
N52 x34'40”W
lit
V,�
,')
----- /I.
I
LOT 7
CHARLOTTCHARLOTTEDIICII SON
-
- - _ of �a r
N52 4,4 OF ,
�/
,69 03 0 WAY o
NOTES:
V.
ELEVATIONS SHOWN REFERENCE MEAN SEA LEVEL NSVD �i ---- "
'2 ' , r,,.,
RIGHT OF WAYS SHOWN REFERENCE LIBER 5263 cp305 °
s
AND LIBER 5233 cp 317. !�/� / 4) �� 'G. [y, L /.r
o\\„, �� `‹, ,,S\ Vnauthcrtzea akerotbn m oaalllon to a
PARCEL LIES IN SOUTHOLD TOWN ZONING DISTRICT RR LAND NDW O ����,� r �� �'� ��f, °pito „ec<t°oe�la°g a '2°of',
Ngw York State Epucabon Law”
SCALE I"=100' WR K RMERLY OF4332,441 )7 llY '�yy��y�1
S
.31)` 40 }�A, v 1/! moOkoy copleg fo 9�he orlgina of tM1is e y
�/ i VVV��((WWWW �� r d wllh m rl Nol of the torr]sury
1�, p J gtampea sepl 5Y»II be gltleretl to be valla fr.a
'.1 c° c----,_,-✓' K4� 'GertifKatiars Faicdea Fergon 519nify Mot iFis
, O I' wrvey was Preparetl In accmtlance rvYh Me er-
• MONUMENT FOUND `< , /. gt,n9 Coag of Pra the fa Lme S vet's aaaptea
''�Cnnn7 `<e. ! by Me New Yark State*ssoclallon of Proiesslonal
1 ,�� Lana Surveyors Said cerllf lcalbn5 SMII rLn only
6 " "�N. to the pe.sen far whom le Cgurvey is o epa
/ �,` 1-,f'.;0 antl m Fig behalf!a the!lila prpory,9 a ed,
tal ayercy ma lercarvj t+sltlgtbn Ilgtea harem,ma
� ��✓� to the aggi jnees of the lewbg institullon Gerllflco-
tbng me not trmgrermle fo oaaumol retrtl,tlong
AREA = 73,32q SF OR 1.6q ACRES
.® 1111 III; C. E H LERS LAND SURVEYOR
GRAPHIC SCALE I"=50' 6 EAST MAIN STREET N.Y.S.LIC.NO.50202
_. _ I= RIVERHEAD,N.Y. 11901
= 369-8288 Fax 369-8287 REF.\1IIp serverld1PROS120-264E.pro
• I,. n.. � pro
SURVEY OF LOT I
SURD I V I S I ON MAP OF 62,
BLUE HORIZONS
FILE No. 10114 f
SITUATE: PEGONIG
TOWN: SOUTHOLD j
SUFFOLK COUNTY, NY S
SURVEYED 10-16-2000
AMENDED II-21-2000,
001-05-OI, row added 01-05-02
SUFFOLK COUNTY TAX u 4S)
1000-74-1-55.51 1
CERTIFIED TO: ° ,k`, !
CHARLOTTE DICKERSON� at N.
1
.- e-' \ \,:c)
, -, - --u.„,,- (.,,,.(zi .\\.
.÷6‘StdVb13' %.4 ,s<c‹?4,\\-,, • .0' ,
(----- -% )46 t),C)7 P''°
'� �� 'gyp 'a ��
�„� n,.F�ti� /
�ti �� %oQ o� o��R ��o���i ti ���� ,� SSp°19,
�� 1 KN :j j O 6. <2-;i0',;.‘ ii
� � e, / 2 20
tioo �- L T
V /2 . • 0
47 f
0 :71,„\,.Q..,(:\;\0\: 7j: ,,,,,,___ ---,___________
--1 r - -----______S-_
S _ _ \
U� LAND `----_`--_ ___- __--____ w
5 L� l 9
�\ / � ` ��! �J_ VOw OR AOR Q/� j-'---..__-__ -'---_-----1111Q
-__ N�
,/,1: e /� WICKS ME'NLY OF 804.97 _ _ h •
S0sb i Q WAY
N-2°34,,p„W
1
7 `� 1
i ��
/4l
,,)
. /
i
' LOTS
— -- - _ -- - ,2._\0,,>,- ___- -- $,*)
N52.34
40 W f I T OF , - - - ,0, 9
NOTES: AY
�'
ELEVATIONS SHOWN REFERENCE MEAN SEA LEVEL NSVD '201 --- ' NRIG
ANDT OF WAYS LIBER 52 3 cpO31-REFERENCE LIBER 5263 cp305 ° � •
� W 0° II �F �� �
•
PARCEL LIES IN SOUTHOLD TOWN ZONING DISTRICT RR LAND N �il,\� � IIIQ��‘ G. Eye `0� v„n ,e eala^.aay
SCALE 1”=100' OR Fo,,,_ Y 4332.44 �p '� �o 'ps, � ;
KS OF °�b-�fi, 1 1: $ i 9 e.,Oey
• MONUMENT FOUND k0���
•
� ♦ ' LFe Fey ,far
•.tis�� 02 .....
,1 eF�a
v i
AREA = 73,6201 5F OR 1.601 ACRES ��+� . o°i
TTI`` ,,fP�• ��� ND S t. T�,re �p'p p
61 H. 1111111 '� 0 EE L II3�'VY.S Li�.� llll '',1-D �Url`I�V a 1'''I��' CR
6 EAST MAIN STREET N.Y.S.LIC.NO.50202
GRAPHIC SCALE I =50'
MI _ RIVERHEAD,N.Y. 11901
vet = +' 369-8288 Fax 369-8287 REF.—\\Hp server\d\PROS\20-264Bpro.pro
SURVEY OF LOT I
SUBDIVISION MAP OF
BLUE HORIZONS
FILE No. 7174
SITUATE: PEGONIG
TOWN: SOUTHOLD `I*
SUFFOLK GOUNTY, NY S
SURVEYED 10-16-2000
AMENDED 11-21-2000,
Oci-05-01, row added 01-05-02
prop. hse. OI-18-02
cl
SUFFOLK COUNTY TAX #
1000-74-1-35.51 ``w
CERTIFIED TO: �j
CHARLOTTE DIGKERSO opA11 A
V
�` %,' .,^PF-- 2�C
—P'‘.0% 443:411\ \,,P.--''''- 0 -0,- - ,-
f c,co-/ % i/i Z-,,
i
L
° , + "
% /
/ °mo
, \o. %," i0 / `,_, s �V
C
� NERD ��j CO,. �' . o (G� Cl
%ooP �`�� %' p�C a. P.�� Q. � Q�0 SOP
o�o �,o� a.�F.�:: �' ��..� ���o�ti g`� LST I
'P. l'''c_ N�o0P z;=. am \a- �\` A r\ ROADWAY ___--__
oc P ti" \0 tf .---IL --.__L___-__ --_____--- 804.00 p
° i3�'' --�,s0 ° ---------- __R_G�{ ------ I� P �
OLAND 0I ___ -- :: -
—ORFO. .
� wICKsLY OF "W9,' - --___-
- _ v. RI6Nr OF
. — 1VgY
V
I--
— N52°34'40..1,/
' Vk) ..9
��
r)/J
I
LOr 7
__ _ _
__ ____
0F---- _
\�N __ e,
= R16HT------mill ,___ __ _ _ _ _ _
g _, yp,,,
�p
___
.,
N5,034.4,„.,.,,,, OF -- ,.t_ __
o ' o
WA r — —`N f — - -
-- - -
NOTES:
ELEVATIONS SHOWN REFERENCE MEAN SEA LEVEL NGVD '2G --- "
RIGHT OF WAYS SHOWN REFERENCE LIBER 5263 cp305Ai ' 4,---------
0
AND LIBER 5263cp317. o\�n) /.�
C• vno ho vea alteroeon a aminon m a wrvey
PARCEL LIES IN SOUTHOLD TOWN ZONING DISTRICT RR LAND ���f 0,v- Ey i A
mop beo'i oa II<enbed lantl b�rveyor'S Seal 15 P
NOW R G O * � -''' f't':f°'.4 s Ed�� 1!Z
SCALE I" =1��' O FORMER Y 4332 4, 0 om tM1e arl M1lb wr
WICKS L OF 4 0���� x +.�•* = markaneoar9�alw9eitlwreya5
'1' , stomped be bMoll be sltleretl!o Y>e valla lrve
• MONUMENT FOUND ���� r .: apleb
! ^cenn¢aor.t,amaea M1ereon blgmry lhal this
rvey wos prepoea In accordance rvtth the ax-
Isling Gone of Practice for Lmtl Su-veys oaoptea
— •
, O / oy the new Yore sloe nbsoclaon a Profebsional
/ ♦ A� Sana 5urveyoore.sola certlficatbns sM1an rcn only
� �Y �`^7 !.� � la!na pe s n for vhom tM1e su-vey Is preparetl.
• • l'.�` y / and on his behalf to the Inle company,gwernmen
..1"%.1. vP °/ al a9ercy and le�l ,tit lan ,tea hereo.a tl
�• ANDS to the asslt�ee of the IeWln]Inslitutlan. Lerhficd-
00 a,are a lra�rermle to aaa tla nl stn tions
AREA = 73,621 SF OR 1.61 ACRES ,--
JO It _C. —ILE! S LAND SURVEYOR
6 EAST MAIN STREET N.Y.S.LIC.NO.50202
GRAPH IG SCALE I"=50'
RIVERHEAD,N.Y. 11901
MI Nook ENrIMMilil
. . y -. 369-8288 Fax 369-8287 REF.\\Hp serveMPROS\20-264D.pro
0,21,2002 .2T,44Pm \\OP urver\C......0.2bbpo