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Home My WebLink About3650 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATIST/CS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 30, 1987 Town Hall, 53095 Main Road P.O. Box 117 9 Southold, New York 11971 TELEPHONE (516) 765-1801 Mr. & Mrs. Theodore Krukowski 63 Arleigh Drive Albertson, New York 11507 Dear Mr. & Mrs. Krukowski: ' Enclosed herewith is your $150.00 filing fee for Appeal No. 3650, which was filed on July 13, 1987 and withdrawn by you on July 16, 1987. Very truly yours, Judith T. Terry(~/ Southold Town Clerk cc: Board of Appeals~/ 3 6 3 2 50-79 GENERAL FUND PART TOWN Southoid Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO: Supervisor, Town Board and Town Clerk FROM: Jerry Goehringer, Chairman, Z.B.A DATE: July 20, 1987 SUBJECT: Request for Refund Mr. and Mrs. Theodore Krukowski Mr. and Mrs. Theodore Krukowski of Stillwater Avenue, Cutchoqu(~ have requested a refund of the $150.00 filing fee for Lhe variance filed on July 13, 1987. After having filed the variance papers, Mr. and Mrs. Krukowski found that. they were also within the jurisdiction of the Town Trustees and N.Y.S.D.E.C. It is the applicants' position that ther(~ is too mu(h time and tremendous fees involved for the proposal to constru(t a 10' by 14' shed within 75 feel of wetlands before bulb Boards. We recommend that the Krukowskis receive a refund of Lhe full $150.00. (Attachment) '1 J/~ 7 RECEI~/ED //,' JUL I.:J 1987 TOWN OF SOUTHOLD, NEW YORK I~M DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO.~l~'''~''~i~ DATE .....~.,~.... · .~.~.., ,~,./~. Name of Appellant ................................................... ............ Municipality ~ .......... HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ....... Name of Applicant for permit o, g .x. ....... ......... '" S~'~et and N{~mber / Municipality State / ........... ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) "~,,--,~,'P ~ ~,/~ ~?,/,'7,/ ~/ 1. LOCATION OF THE PROPERTY ..."-Z...~.c/.~.--......M.L!..,~.(...~....~..~..~../~.....~...~..'.'~.....,....L,..~../..G~..~.~...'Q.~."~ Street /Hamlet / Use District on Zoning ~ap MopNo. /37 LotNo.~/ Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Adicle S~cti~, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi.nonce.)~ ~rT,~,l,. '~- ~/~ /~,~-//~ 3. TYPE OF APPEAL Appeal is made herewith for (please check app~0p~iate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning ( ) A VARIANCE due to lack of acCess (State of New York Town Law Chap, ~2 Cons. Laws Art. 1~ 5e¢. 280A Subsection 3 / f 4. PREVIOUS APPEAL A previous appeal (~) (~as not) been mede with respect to this decision o{ the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request {or a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A SuBsection 3 ( ) A Variance to the Zoning Ordinance /~C--~-C/~ --~--- is requested for the reason that ~; /'~fl 0 & ~' p ~'~ ~'orm ~.l~! (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) ss COUNTY OF ) Signature Sworn to this ..............................................day of ........................................................ 19 Notary Public JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 13, 1987 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3650 , application of Theodore Krukow~ki for a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD to the Board of Appeals of the Town of Southold : NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thee intention of the undersigned to petition the Board of Appeals of the Town of Southold to request~anc~ (Special E~ptiont (~Special P. ermit) (Other) [circle choice] 2. That the pro~erty ~hich i~ the sub~ec~ ~f the P~titi~n is Io~t~d ~d~ent to ynur ~r~perty ~nd i~ ~e~- cribed as follows: ~/~r~ ~ ; ~ ~ ~ / 3. That the property.whicb..iLthe subject of such~Petition is located in the following zor~ingdistrict: , 4 That by such Petition,,the undersig~d will request the following relief:. 5. lhat the provisi~the Sou old lown Zoning Code ~ppli~ble.to thin, ought by ~he under- [ ] Section gS0-A, New Yo~k Town Law for approval of access over 6. Tha~ within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (5~6) 76~809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: y'/~7 Petitioner O~ne~s'Names: ~4~ ~~ Post Office Addr~s . . ~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~ h~fr-I'._~ r~, ~ L~ . .- , being duly sworn, deposes anc~says that on th~ I.~ ~ day of ~ L~ · ..~ ,19 a'~, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, dirl~cted to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment.roll of. the Town of Southold; that said Notices were mailed at the United States Post Of- fice a~.~t ~ r~-j-~, l~ ~ ~, i I~ L~ ; that said Notices were mailed to each of sa d persons by ~ (registered) mai[ Sworn to before me this I~'iL' day 9f ~ u L~CI 19 I . (~'~ ...... ~ot~r¢ Public LINDA ~"I~'O¥/ALSKI PUBLIC, State of No, 52.45247/1 Oulhfmcl m Suffolk 6*~mmLtao~ Explre~ Nov, ~0, (This side does not have to be completed on form transmitted to adjoining property owners.) FORM NO. 3 TOWN OF SOUTIIOLD BUILDING DEPARTMI';NT TOWN CLERK'S OI:FICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL F'ile No ................................ To 5~,.~ ..~.....~..~..~ ....... · ~ ~..~~.~.' ............. .~3~....~. ~,.~ :~....~.~?~ ....... Iocation of Property ~ ~7 .... ~ ~ .... ~ ~::-~ .... ,.. ~ h3~s~ ~o~ ' Street ~ Hommt County Tax MapNo. IOOO~cction ...J.~.~ ...... Block .... ~.~ ...... Lot .~: [ ......... Subdivision ................. Filed Map No ................. Lot Nc) ................ is returned herewith and disapproved on the following grounds .0~.'~.. :~.~...~.~ .Iq~.'7 .~ ~ '. ............ I~l~;c't;; ' ' ' .......... RV 1/80 SIIORT ENVIRONt. IENT^I, Af;:'tESSMeF'7~U4 (a) ~ order %o an~,wer tbs 9uostions in thl~ ehor% EAF l~ l~ a~sum~d %hat ~ropareT w~l~ u3~ e~rra~tly ava~ab~ infO--mac%ion concol~]~nE %ho proJ~c% and or other Snvo~%~a~ton~ w~l bo ~dortakon. cc~plo~d Enviro~en%a~ A~sossmont FO~ is 1, W~i project ros~% in a lar'~o physical c~mngo to the pro,oct site or physically alter ~ove than 10 acran of land? . · · · · . . ,_ Ye~ ,. No 2. Will ~horo bo a ~or chnngo to ~ny ,miquo or unu~ua~ land fo~ fo~d on tho sit~? ---- Yon / ). W~i ~ro~ec% al%o~ Or have a la~&u off.ct on aa egis%lng body of wu~ur? . . . . . . Yet,~ ~ 5. W~I proJec~ ~i~iflcaatly. effect dra~naEo fl~a 6. Will project affect any t~oatunod or undanzerod 7~ W~I project re~t in a major udwu'ue effect on 8. W~I project hav~'a nmJor effect cn vimml char.- kno~ ~o bo ~portan~ to ~ho co;~mun.[%77 . · · ---- Yen ~_ 9. Will p~o~oct adversely i~pac~ any site or struct- ure of hi~toricl pro-historic, oF l~poFtanco O~ a~y Silo dosignnted au a critical onvironmen~l ~c~ by ~ local c~oncy? · · . ... Yes .--~ 10. W~i pro,oct have ~ ~or effect on cxist~ or future rccrc~tion~l opport~itiu~? · · . . . Yes. 11. Will pro~oct.rcsult' In ~Jor trsffic problem~ oF ~ c~use a m~or o~fect to ox~sting tr~nsportotion 12. Will project rog~arly cause ob.iec%ionable edom, noise, glare, vibra~xon, or electrical disturb- anco as a reset of thc proJect'u opera,ion? . Yes/ li Will project have any impact on public health or WIll proJoc~ ~foct the oxluting co~un~ty by directly causing a ~ro~th ~n perm,merit Fupuln- ties cf mor~ than ~ percent o,/ur a cno--yoal' period or have a major ne/:ati'.,e effect un the charactc~ of th~ eon~tmit7 sr nul,;ht,,)rnocd", . __ You ---~ ~o %5* I0 thero public co~trovurny concernl~b; 51'.e Z)roj,yc%? -- Yes / T~4'E 0 '1 _.Q_~STIONNAIRE TO BE COMPLETED AND SUBMITTED NITH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? ... : .~ ' ' Yes 2.a) *b) 3. 4. 5. Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by ~,~n Code, Ch. 97 for your reference.) Y~ there any areas open to a waterway without bulkhead? e~ Are there existing structures at o~elow .~round level~ such as patios, foundations, etc? o~"-~-. ~ .~_~m~F== Yes Are theFe any existing ~r.~ropo~ed fences, c~ncret~/ barriers, decks, etc? m~ '~z.~ ~-~ ,S~'~ Yes If project is proposed for an accessory building or ~ structure, is total height at more than 18 feeS.above average ground level? State total: . /~7~ ' ft. Yes If project is proposed for principal buildi or structure, is total height at more than 35 feet above average ground level? State total: ft. Yes Are there other premises under your ownership abutting this parcel? If.yes, please submit copy of~deed. Are there any building permits pending on this parcel (or abutting land under your ownership,'if any)? State Permit # and Nature: Yes 9. Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning. Board Yes Town Board Yes Town TrUstees Yes County Health Department Yes Village' of Greenport Yes N.Y.S.D.E.C. Yes Other Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale.(from contract). Yes ll. Is new construction proposed in the area of contours : at 5 feet or less as exists? Yes 12: If new construction is proposed in an area within 75 feet of wetland grasses, or land area at a~ eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under ~es the requirements of Ch. 97 of the Town Code? ~..~ 13. Please list present use or oper~_$_~ons c~nd~cted upon the subject property at this time and proposed *Please submit photographs for the record. I certify that the above statements are true and are being submitted rel~an~cc¢ by,.the Board o/f Appea~s in considering my application. Signature (~r~opercy ~wner) (Authorized A~n~) for , (2. § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of tho Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26.~76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or'lands lying beneath tidal waters, which at mean Iow tide are covered by tidal water:3 to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, fiats or other 'low lying lands subject, to tidal action; (2) All banks, bogs, meadows, flats ami tidal marsh subject to such tides and upon which grows or may grow some or any of tim following': salt hay, black grass, saltworts, sea lavender, toll cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal Wetland :ts defined in Subsection A(2) and lying' witbin seven- ty-five (75) feet landward of thc m.:~t landward edge of such a tidal weLl:md. Il. FRESIIWATER WETLANDS: (1) "Freshwater wetlamts" as defined in Article 2,1, Ti- fie 1, § 2-1-0107, Subdivisions l(a) to l(d) inclusive, of the Environmentzd Conservation Law of the State of New York; and (2) Ail land immediateb, aIIjaecnt to a "freshwater wet- laml," as defined ill Subsoetion B(I)aml lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetlaod." 9705