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HomeMy WebLinkAbout3556 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHE)LD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 September 24, 1986 Mr. and Mrs. Eugene Burger 2515 Pine Tree Road Cutchogue, NY 11935 Re: Appeal No. 3556 (Variance) Dear Mr. and Mrs. Burger: This letter will acknowledge receipt of your recent variance application for a proposed deck addition with an insufficient setback from wetlands along Little Creek, Pedonic. As mentioned to Mrs.,Burger recently, upon receipt of the following documents, this matter will be calendared for a public hearing by the Board of Appeals at the next available hearing date: (1) exact setback requested from the property and from tidal wetlands or tidal grasses [as well as ~staking of the corners of the proposed construction; (2) copy of a Pre-Certificate of Occupancy for the land and buildings [available from the Building Department 765-1802 if'not already issued]. lines It would also be helpful if a photograph of the area between the cottage and the water is furnished for our file. If you have any questions, please don't hesitate to call. Please keep us advised regarding developments. Yours very truly, GERARD P. GOEHRINGER CHJ~IRMAN ~x , V[inda Kow~lski, Board Secretary JUDITIt T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 September 12, 1986 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3556 application of Eugene and Ann Bur~er for a variance. Also included is Notice of Disapproval from the Building Department; Short Environmental Assessment Form; letter relative to NYS Tidal Wetlands Land-Use; copy of deed; letter from the Southold Town Board of Trustees; Notice to Adjacent Property Owner; and survey. Judith T. Terry Southold Town Clerk HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 August 29, 1986 Ms. Ann Burger 2515 Pine Tree Road Cutchogue, New York 11935 Dear Ms. Burger: The following action was taken by the Board of Trustees regarding your wetland application. Moved by Trustees Krupski seconded by Trustee Bredemeyer WHEREAS, Ann Burger applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated June 20, 1986 and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS a public hearing was held by the Town Trustees with respect to said application on August 28, 1986 at which time all interested persons were given an n opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the Town, NOW, THEREFORE, BE IT RESOLVED that Ann Burger BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD, NEW YORK TO Construct a 10' x 24' deck on property located on Pine Tree Road, Cutchogue. Construction material shall be suitably contained at the work site so as to prevent its eroding, leaching or otherewise entering into adjacent wetlands or waterways. This permit will expire on August 28, 1987 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant for a permit shall file with the Clerk a certificate that the applicant has -2- public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. In considering the declaration, please take further notice that this determination should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. A $5.00 Wetland Inspection fee is now due and payable. Upon remittance your permit will be forwarded by mail. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling, Clerk HPS:ip cc: Bldg. Dept. Robert A. Greene, D.E.C., Stony Brook Commissioner Henry G. Williams, D.E.C., Albany Army Corps of ENgineers Coastal Management Trustees file Prepared in acC~danca with f,~e rn~nimum standards for ~tle sun,.eys as establlshed by the L .A.L$. and a~proved and ~ ...ch use by The ~'ew Vo~k St=~e ~4 A - S. 87o 01' 20" W, 220.00' MEADOW LANE  ( UNIMPROVED ) SURVEY OF LOT 14 CERTIFIED TO: MAP OF NASSAU FARMS FIRST AMERICAN TITLE FILEJ~ MAR. 28~ 1935 FILE NO. INSURANCE COMPANY OF NEW YORK .N ~ ~"~'~'~C II NORTH FORK BANK AND TRUST ~TS SUCCESSORS OR ~SSmNS TOWN OF SOUTHOLD ' ". ,.S. LIC. NO. 496,R [~E:~RG~RGER SUFFOLK COUNTY, N.Y. ~~ZZ~gORS a ENGINEERS, P.C. ,000 - ,04 R O. BOX 909 SCALE I"= ~0' MAIN ROAD EFLR.~.HSE'..8.10 DEC. 9 , 1985 SOUTHOL D ~ N.y. ll9~1 EFLREL.~NG4LOW=zO ELE V~TIOPV E ~R EFE~F~C T NGVO~ RECEIVED 1986 TOWN OF $OUTHOLD, NEW YOIIK ~n~n/~.~Jmtr~ROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~'~-~' D^TE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ..~..L(..~..~.'./~...f?...~..j~..~..Z~....~.~...-~..-)..~......of ~S'-I ~ .~.(/~ If ../.~.~/~:- /-~ Nome of Appellc~t Street and Number .... ..~...~....~.~..~...~..~.~ ................................................................ .~.-...~.; ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...... .?..I...~.?L~...~...~.. .......................... WHEREBY THE BUILDING INSPECTOR DENIED TO ....... Nome of Applicant for permit ...... ......... .................. Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY Map No. Lot No. LOCATION OF THE PROPERTY .2.:...5..!%..~..Ig.6..E.~.~.~..~l). ..................... Street Use District on Zoning Map 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi.nance.) c44 ~0o q~' ~ (iq.Z. C, 3. TYPE OF APPEAL Appeal is mode herewith for ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has~C(has hard, been of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance made with respect to this decision and was made in Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. 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 ) Sworn to this ......... /~.......~.... ................... doy of...~ ............ 19~/~' BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o~ the Petition of to the Board of Appeals of the Town of 5outhold : TO: i~LE~ L~. YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. Th.~t. ?_ i: :he..~tention of the undersigned to petition the Board of Appeals of the Town of 5outhold to request atk~Variance~) (~ecial Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasfollows: ~Z-~I ~' ~![~J &- 7~/2~-b- .l[j~) CO~ Tr~¢ /-~/~r'~ 3. "l-,,J~t the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the u.ndersigned will request the following relief: CC>bOt' F~ U C~' $. That the provisio~.r~ of the Southotd Town Zoning Code applicable to the relief sought by the under- signed are Article y~ Sectic~ I IC~. ~ C. [ ] Section ZS0-A, New York Town Law for approval of access over r~ght(s)-of-wa.y. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the Hght to appear and be heard at such hearing. Dated: Petitioner Owners'Names:~(~-(~AJ~ c ~JfO Post Office Address C FcHo&o 5 tlq3, (Tel. NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS p 263 059 989 RECE{PT FOR CERTIFIED MAIL 4 E~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) ~ F~ t~ ('~ 6 ~ being duly sworn, deposes and says that on the {~ ~ day of ~ t3 ~ , 19 ~ ~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named pe~ons at the addres~s set opposite thor res~ctive name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current ass~sment roll of the Town of Southold; that said Notices were mailed at the United Stat~ Post rice at ~ ~-~o~ ~ ; that said Notices were mailed to each of ~id persons by (certified) (registered) mail. Sworn t%before me this ':~ ~ day of v~z~..v~./~--~ , 19 ~ · ' Nota~ Public f (This side does not have to be completed on form transmitted to adjoining property owners.) District Section Block Lot THIS INDElfilJRF~ made the 20th day of Do_.12omher , nineteen hundred andeighty-five BETWEEN PAUL B. HOGAN, residing at 846 Seneca Road, Pranklin Lakes, New Jersey, 07417, I~TAND M. HOGAN, residing at 7070 South Newland Court, Littleton, Color-dm, 80123, and PATRICIA H. MTI.I~R, residing at 13 Bishops Garden, M~_dras 28, Tamil Nadu, India, each having an undivided one-third (1/3) interest, as tenants in party of the first part, and '.:: J REAL ESTAi ~ BLMO~R and Ab~ BURt~%~, his wife, both residing ~ .._ 665 Pequash Avenue, Cutchogua, New York, 11935, party of the second part, zzsas ~ [ TR~NSF~F:R T; , .. ~p OLK ; , .GOUNT¥ ~ WI'I~IE~$1rTH, that the party of the first part, in consideration of ten dollars and other v~able ¢onsmeratmn paid by the party of the second part, does hereby giant and release unto the party of the second part, the heirs or successors a~d assigns of the party of the second part forever, &LI that certaln plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being i~'~li~ near Nassau Point~ in the Town of Southold~ County of Suffolk, and State of New ¥ork~ known and designated as Lot Number 14, on a certain map entitled, "Map of Nassau Farm$~ situate at Peconic~ Suffolk County~ New ¥o~k" and ~iled~in the Suffolk County Clerk'~ Off[ce on March 28, 1935, in Pile Number 1179~ which lot is - more Particularly. bounded and described as follows; BEGXNNIN(; at the corner formed by the intersection of the North- erly side of Meadow Lane, wit:h the Basterly side of Pine Tree Road ~ RUNNING THENCE North 13 degrees 48 minutes 20 seconds West, along the Easterly side of Pine Tree Road, 67.88 feet; THENCE North 87 degrees 01 minutes 20 seconds East 234 feet to the mean high water line of Little Creek; THENCE along Little Creek a tie line course and distance of South 1 degree 54 minutes 20 seconds East 66.68 feet to the Northerly side of Meadow Lane; ~ENCE South 87 degrees 01 minutes 20 seconds West along the Northerly side of Meadow Lane 220 feet to the corner, the point or place of BEGINNING. BEXNG A~D XNTENDED TO HE the same premises conveyed to the par- ties of the first by a deed dated December 31, 1972, and recorded in the Suffolk County Clerk's Office on January 10, 1974, in Liber 7567 of conveyances at Page 67. TOGET}tER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all th~. estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD thc premises herein granted unto th~ party qf the-second part, the heirs or successors and assigns of thc party of the second part forever. . , , AND the party of the first part covenants that the party of the first part has not done or suffered aoything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the ~'une for any other purpose. The word "party" sha'll be construed as if it read "parties" whenever the sense of this indentpre $o requires. IN WITNESS WHF..REOF, the party of the first part ha~uly executed this deed the day and year first above written. . Attorne;prin-Fast -On the 20gh day of Decel/lber, 1985 , before me personally came PAUL B: HOGAN to me known to bt' the individual described in and w}~o executed the foregoing instrument, and acknowledged that he executed the ~me. I~rrARY PL!BL~C STAT! OF NM YOLK. COUNTY OF On the day of personally came 19 SS.' , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. -rea'l: OF NEW YO~) ~ the 20th day of December, .~98~, be- · i~ ~d ~ to ~ %o ~ ~e i~i- ~t~ ~e ~i~ ins%~ ~ .~ to ~ ~ ~ ~e at~n-fa~ ,f r.~ M. ~, ~e i~ivi~ d~ ~ e~ ~e s~ ~ a~ [~ ~at he e~ ~d i~- ,~nt as ~e a~ ~ ~ of ~d .~M. ~ ~ue o~ ~ a ~r of ~y dat~ July 10, 1985 ~er~i~. arga ,a..utl ale WITH COVENANT AsAINgT GRANTOR'S ACTS TITLE NO. 121-$-1894 PAUL B. HOC~,~; T.1ZTAt~D FI. ~, & PATP,~CT_A H. MTLT~,.'R TO EUGE~ BUR~'&~ :BUR6~ '~fi the 20th day of DeeS,~er. 1985. be- fore me ~ P~ B. ~, ~ m ~ ~ ~ ~ ~ ~ ~ ~ i~du~ d~ ~i~ ~in ~d ~ ~ ~e s~ ~ ~1~ ~at ~ ex~ s~d PA~C~ M. MTL~RR vi~ ~ a ~ ~ ~ ~t~ July 3. 1~5 ~ sEc'rios 104 SLOC~ ' 3 LOT ' 4 ~ TOW~ 9£ Southold / CHICAGO 'rlTLE INSUII, AN~C2OMPANY ¥oungs Averse Southold, New Y~or~ me ~ 11971 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Subdivision ................. Filed Map No ................. Lot No. ' ................. is returned herewit, l~ and disapproved on the follqwm_g grounds .~.~ ..... Bufld~g Inspector RV 1/80 The N,YoS, I:nviromnental (luaiILy I{uvlew ,",ct 'c( ~ir~s sub- '~?..,'..":. ' made b7 this ~ard before any action ~s~ken. '..':',,,-,, ,. If any que$.~on baa been an~orad Yo~ the project ~y be ~nlflcant and a &, W~!I project h~vo a potentially largo imlmc~ on W~l project st~if/cnntly'affect dr~lna~o ~,~ on adjacent sites? '* ' * ' ' · * · .... Will project ~ffacc any threatened or endangered W~I project res~t 1~ a m~Jor sdvor:e effect W~i project have e mm Jar effect on v~uol knc~ to be ~portcnt to tho co=.mun~ty? , , W~ll project adversely ~p:ct ~ny ~1:o or :re of historic, pre-hlm:or:c, or pc16on:oio~tcul 10. W~I project have a ~Jor efface cn extsc~[ or 11. Will pro3ecc result ~n'm~jor traffic problems 12. Will project re8~arly CaUSe ob~cctionablo anco an a result of the proJec~'s operation? , Yc~ ~ Nc 1], Will project h,~ve any b~pact on pub].ic h~ai~h or f t~ 1L. Wlll proJec~.~f{ec~ the exi~tln~ co~unlty by t!cn of moro tmon 5 ~ercent over a on(~yo~r perlod e~ have a ~ajor n':~:~t~ve effect on tr.e p~[p:~r~,~ ~,~.,~.,~/ //. /~.. --'-- I.": , ' 4< Ye s ~" t;o ' ... If es r:o .... (rcd~' ~ Dar:d) To: Southo!d Town Board of Appeals '". Main Road Sou"~hold, NY 11971 Dear Sirs: .In reference to the New York State Tidal Wetlands ~iand-Us Regulations, 6 NYCRR, Part 661, and Article 25 of the ['le:.; York State. Environmental Conservation La%.~, please be advised tha~ t: subject property i.n the within appeal '{please check crne box) [ ] May be located ~ithin 300 feet of tidal wetlands hc%~ever, constructed along the water-lyinr$ edce of this property is a bulkhead in very good condition and at least 100 feet in ~length.* [ ] May b'e 'located wi[:hin 300 feet of ~-~ - t_~a_ wetlands, ho:.;ever, constructed along the wa~Ct-ly~n~ edge of this property is a bul:.:head in need ~'f=(minor) (major) reeairs, and aouruximate~v __ length. ' -- -- feet in [ ] -[ ] May be located within 300 feet of tidal wetlands; ho:~ever, constrt%cted along the %;a~e, lying ed~e of this property is a bulk!:ead less than 100 feet in length. May be located :.;ithin 300 feet of tiddi wetlands- and there is no bulkhead or c ..... ~, ' 'on the premise~, cn ..... %~a!! e:cis~zn Is not located within 300 feet of tidal wetlands to the best of my kno%.~led~3e., [:;tarred ite:~s (*) indicate your erosert, not appear to fall withi:~ the jurisdiction of the N.y.s. D.E.C. ere ly yours", . r,OT~: If proposed project falls ~it'~in O E.C. jurisdiction, approval must be received and Sukmi~' ' · ~ed to our office before your a.~plica~ion can be sc[:eduled for a 9ublic hearing.