HomeMy WebLinkAbout3249APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board o£Appeals
MAIN RDAD- BTAT;' ROAD 25 SDUTHrlLD, L.I., N.Yo
TELEPHONE (516) 765.1809
June ll, 1984
Mr. and Mrs. Donald P.
64B Broadwaters Drive
Cutchogue, NY 11935
Re: Appeal No. 3249
Brickley
Variance for
Insufficient Area and Width
Dear Mr. and Mrs. Brickley:
Inasmuch as your application involves the subdividing of
land within 300 feet of tidal wetlands, you are required to
make application to the N.¥.S. Department of Environmental
Conservation in Stony Brook and the Suffolk County Department
of Health Services before this project may be finalized
(6 NYCRR, Section 661.5(b)[57] of the Tidal Wetlands Land
Use Regulations, and Article 6, Realty Subdivisions and
Development Code, Suffolk County).
Also, we must
would indicate the
and the elevations
wetland areas.
require a contour map by a surveyor which
elevations of the contours on your property
and locations of the marshes and other
Upon receipt of all of the above, your application will
be considered complete and we may proceed.
If you have any questions, please don't hesitate to call.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
cc: Planning Board By Linda Kowalski
Mr. and Mrs. D.P. Brickley
144 Shore Avenue
Quincy, Massachusetts 02169
COUNTY OF SUFFOLK
DEPARTMENT OF HEALTH SERVICES
DAVID HARRIS, M.D., M.P.H.
February 9, 1981
Town of Southold
Zoning Board of Appeals
Main Road
Southold, New York 11971
Re: Suffolk County Sanitary Code, Article 6, "Realty Subdivisions and
Developments"
Gentlemen:
For your information, enclosed is a copy of the recently enacted realty
subdivision and development code with an accompanying map. The code is
based upon the recently completed 208 Groundwater Management Study and is
designed to protect the groundwater supply.
We will be reviewing applications for the construction of individual sew-
age disposal facilities for conformance with this code.
If you have any questions, or want additional copies of the code, please
feel free to contact this office.
Very truly yours,
Robert A. Villa, P.E.
Chief
General Engineering Services
RAV:RRR:cah
Enclosures
COUNTY CENTER
(516) 7Z7-4700
SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
CODE OF ADMINISTRATIVE REGULATIONS
CONCERNING REALTY SUBDIVISION AND DEVELOPMENT,
WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES
FINAL
Adopted 11/19/$0
ARTICLE 6 -REALTY SUBDIVISIONS AND DEVELOPMENTS
Section 601
Definitions.
As used in this Code, unless the context otherwise requires:
a. Department. means the Suffolk County Department of Health
Services.
b. Realty Subdivision means any tract of land, located
Wholly or partially within the County of Suffolk, which has, is,
or will be divided into five (5} or more identifiable parcels.
c. Tract means any real property, which now or in the future
is held, owned, controlled or possessed, either singularly,
jointly, con~nonly or otherwise, by a person or group of persons,
or any legally cognizable entity or entities, or any combination
of the foregoing, who are acting with reference to such body of
land in concert or as part of a common scheme, plan or venture.
d. Parcel means a single body of land or single building
plot, site or unit, consisting of five (5) or less acres, which
is located wholly or partially within the County of Suffolk any
point on the boundary line of which is less than one-half mile
of the boundary line of another such parcel in the same tract.
e. Development. means two or more contiguous parcels.
Article 6
Page 2
f. Developer means any person or group of persons, or
any legally cognizable entity or entities or any combination
of the foregoing, who:
(1) is undertaking or participating in the
establishment of a realty subdivision:
{a} either individually, or
(b} pursuant to a common scheme, plan or
venture, or
(2) owns, acquires, possesses, controls or creates
a development.'
g. Clustered Realty Subdivision means a realty subdivision
consisting of one or more relatively undersized parcels, which is
designed in such a manner so as to allow a substantial unimproved
portion of the tract to stand open and uninhabited.
h. Individual Water Supply System means a single system of
piping, tanks, or other facilities together with a source of water
intended to supply only a single parcel.
i. Individual Sewerage System means a single system of
piping, tanks, or other facilities serving only a single parcel
and disposing of sewage or other liquid waste into the soil of
such parcel.
j. Community Water System means a source of water and
necessary appurtenances together with a distribution system serv-
ing more than one parcel, whether owned by a municipal corporation,
private utility, or otherwise.
Article 6
v
Page 3
k. Community Sewerage System means a system utilized for
the collection and disposal of sewage, or other waste of a liquid
nature, including the various devices for the treatment of such
wastes, serving more than one parcel whether owned by a municipal
corporation, private utility, or otherwise.
1. Groundwater Management Zone means one of the eight (8)
areas delineated in Suffolk County by the "Long Island Comprehensive
Waste Treatment Management Plan (L.I. 208 Study)" to identify
critical watersheds. The map indicating the boundaries of the
Groundwater Management Zones is on file in the Department.
Section 602
1.
Department Approval of Subdivision and Development Plans.
No developer shall:
a. engage in the creation of a realty subdivision or
development; or lease, rent, give, devise, or otherwise dispose of
or erect or cause to be erected any permanent building on any parcel
in a subdivision or development unless Department approval has been
obtained of the existing or proposed water supply and sewage disposal
facilities in the subdivision and/or development.
2. A tract of land which is, has been, or will be, divided shall
constitute a realty subdivision or development notwithstanding:
a. the purpose of such division, or the allowable types of
use applicable to such tract, whether commercial, residential,
industrial, or other authorized use;
b. the method of causing such division, whether by sale,
lease, rental, gift, devise, operation of law, or otherwise;
Southold Town Board of Appeals
MAIN ROAD- 8TATE ROAD 25 BOUTHOLD. L.I., N.Y. 11c:J71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, .IR.
SERGE DOYEN, .iR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
June 11, 1984
Mr. and Mrs. Donald P. Brickley
64B Broadwaters Drive
Cutchogue, NY 11935
Re: Appeal No. 3249 Variance
for Insufficient Area and Width
Dear Mr. and Mrs. Brickley:
Inasmuch as your application involves the subdividing of
land within 300 feet of tidal wetlands, you are required to
make application to the N.Y.S. Department of Environmental
Conservation in Stony Brook and the Suffolk County Department
of Health Services before this project may be finalized
(6 NYCRR, Section 661.5(b)[57] of the Tidal Wetlands Land
Use Regulations, and Article 6, Realty Subdivisions and
Development Code, Suffolk County).
Also, we must require a contour map by a surveyor which
would indicate the elevations of the contours on your property
and the elevations and locations of the marshes and other
wetland areas.
Upon receipt of all of the above, your application will
be considered complete and we may proceed.
If you have any questions, please don't hesitate to call.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
cc: Planning Board By Linda Kowalski
Mr. and Mrs. D.P. Brickley
144 Shore Avenue
Quincy, Massachusetts 02169
.ay 14, 1984
Norman C, Boos
Evelyn Z. Boos
8000 Skunk Lane
CutcBogue, NY 11935
Board of Appeals, Town
Main Rd.
Southold, NY 11971
o£ Southold
g,: iiequest for Variance Donald P Briekley
Dear Members:
The purpose of this letter is to attest to tile fact
that as adjacent property owners of ~.ir. Donald P.
Briekley of 64A Broadwaters Brive, Cutchogue, I have
no objection to the issuance of said variance.
Very truly yours,
Norman C. Boos
Evelyn Z. Iloos
ce: D.P. Briekl ey
' i
AT
JUDITH T. TERRY
TOWN CLERK
REGISTRAR O1' VITAL SI ,\IISIICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPItONE
(516) 765-1801
May 7, 1984
To:
Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3249 application of Donald P. &
Phyllis E. Brickely for a variance. Also included is notification to adjacent
property owners; Short Environmental Assessment Form; Letter relative to N.Y.S.
Wetlands Land-Use; Notice of Disapproval from the Building Department; and
survey.
Judith T. Terry
Southold Town Clerk
SLaY
Southold, N.Y. 11971
(516) 765-1938
May 9, 1984
Mr. Donald P. Brickley
64 Br~dwaters Drive
Cutchogue, NY 11935
Re: Minor subdivision
Dear Mr.Brickley:
The following action was taken by the Southold Town Planning
Board at the regular meeting of May 7, 1984.
RESOLVED that the Southold Town Planning Board deny the
application of Mr. Donald P. Brickley to subdivide
property located at Cutchogue due to insufficient area
(lO0-31)
If you have any questions, please feel free to contact this
office.
Very truly yours,
Zoning Board of Appeals
BENNETT ORLOWSKI, JR.
ACTING CHAIRMAN
~F~OUTHOLD TOWN PLANNING BOARD
~~. )~ u~l~ze,~ecretary
RECLqVED
NI/%Yi0 7 1984 TOWN OF SOUTHOLD, NL:W YORK
T01~! Cl~k~d~ FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
], (We) ................................................................. 64 B Broadwaters Drive, Cutcho§ue
Donald P. Brickel7 & Phyllis E. of ............................................................................
Name of Appellant Street and Number
Cutchogue. N. ¥.
......................................................................................................................... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED: ~d~'q~OR: ~-0. ~6-w b',~-~-~--~ L~
WHEREBY THE BUILDING INSPECTOR DENIED TO
DonaLd..R....5~:icklay...&..P.h~l~i~..~.....~i.C..~...e.X ....
Name of Applicant for permit
of 64 B. Broadwaters Dr. Cutchogue N.Y.
Street and Number Municipality State
PERMIT TO USE
) PERMIT FOR OCCUPANCY
) PERMIT TO BUILD
1 LOCATION OF THE PROPERTY ....6..~...A.:...~,o..a.~?..a,,~.e.~.s,..,D.~......,C~.t..c..~..o.~.u...e, ...................................
Street and Hamlet Zone
......................................... ./.~..~..,..':,..~...T./..?.i.~ .......... OWNER ($): 9~,ald.~..& .~b¥11i,.[..~Ii,kZey
Mop No. Lot No,
DATE PURCHASED: May 5; 1971
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article ~ , Section /~¢~ - ~ ! ~ - [~d~
3 TYPE OF APPEAL Appeal is made herewith for
(]~) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such ~ppeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
)
~)
)
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
,s requested for the reason that we would like to
the lot which was purchased for that purpose in 1971.
build a tetirement home on
See original divisimn on Plot Plan
Form ZB1 (Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
the lot was purchased in May 1971 (see plot plan
with the division) The plan was to build a retirement home. We plan to
retire in May 1985 and would like to have our retirement home built by that
a
time. To purchase a comprable lot at today's prices will cost over $50,000
which would be impossible on a ministers retirement.
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 this is only one of a kind.
Ail the neighbors are aware of the original plans to divide the land into
two lots..in fact it was so done on the original Plot plan
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because there is almost two acres in the proposed
plot and the plan is to build a single family home for retirement.
COUNTY ss .....................
Sworn ,o this ........................... .~.~?......~....... day of ....... ~7~/~.~-C~ .................. 19~>~'
Notary ~blic~
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter o~ the Petition of :
t_~the Board of Appeals of the Town of Southold :
TO:
Nroman C Boos
1 Cedar St.
Massapequa, N.Y. 11758
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. T~t~'%"~e intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a~aria~,e~ (Special 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-
cribed as follows:
64 B. Broadwaters Dr~ve., Cutchogue, L.I.N.Y.
1
3. That the property which is the subject of such Petition is located in the following zoning district:
A residential a~d a~ricultural
4. That by such Petition, the undersigned will request the following relief:
TO .n&ka Io~.,,~u. ........ ~ u,u=~ Lwu au~ :~vailabl~ for building
5. That the provisions of the Southold Town Zoning Code applk;able to the relief sought by the under-
signed are Article
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be flied 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) 76'5-1809.
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
~' Don~ ~ickle¥ ~
Petitioner
Post Office Address
64 B Broadwaters Dr~ve
NAME
~g$1. 'qe:l 'OOg~ uJJO,:l Sd ~
COUNTY OF SUFFOLK
-' ~~ ..ff. be ng du V sworh, deposes and says ,hat on th'e /~ day
of ~ 1 9 ~, deponent mailed a true copy of the Notice set forth on t~e re-
~me ~ide hereof~ ~irected to each of the ~bove-n~med persons at the ~ddresses set opposite their respective
name; that the ~ddresses set opposite the names of s~id persons are the addresses
th~ current ~ment roll of the lown
of Southold; that
rice at ~ ~ ,, ~ ~ L
~:~-~ ~ ; that said ~ces ~ere mailed to each of said persons by
{c~rtified} {registered)m~.
S~orn ~efore me this
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No .......... ..~.. .................. Date ..... '7/.~..~. ......~.. ....... , 19 .~...z~.
· .4~%~...~FFo~ .~ ..........
PLEASE TAKE NOTICE that your application dated .... ~ ~... ) ........ 19 ~
for pe~a}t t6 ~.~t. ~X/~.~¢~-~.~. ~.¢ ~ ~.~.. ~~. ~). at
~ o. ~'t~et Hamlet
County Tax Map No. 1000 Section ...~ ~ ...... Block .. ~ ........ Lot . 0.[~, .~ .....
Subdivision ................. Filed Map No ................. Lot No ................ :.
is returned herewith and disapproved on the following grounds . .'~.../E~../(-~.o..,~,..L.~.... ~.t'.~[.~
~ ..... ~a/~ .... ~o~.. ~.~.~... ~,~.. o ~ .......
....
~ ~~ ~- . ..... : ..................... -
~f~C~ C~O~ ~Oc~) Build~glnspector
The N.Y.S. Env'
'mission of this
made by this board
)nmental Quality Review Ac~l~requires sub- , and an environmental rtew will be
before any action is taken.
SHORT ENV~ON]~ENT~ ASSESSMENT FORM
0
0
E~
0
0
INSTRUCTIONS=
(a) In order to answer the questions in this short gAF is is assumed that the
preparer will use currently available inforr~ation concerning the project and the
likely impacts of the action. It is not expected that additional studies, research
or o~her investigations will be undertaken.
(b) If any question has been answered Yes the projec~ may be significant and a
completed Environmental Assessment Form is necessar/.
(c) If all questions have been answered No it is likely that this projec~ is
not significant.
(d) EnviroNmental Assessment
1.Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land? , , , . . . . , Yes No
2. Will there be a major change to any unique or
unusual land form found on the site? Yes x No
3. Will project alter or have a large effect on
an existing body of water? . , , , ,
d. WL!I project have a potentially large impac~ on
gro,~ndwater quality? . . ·
5. Will project significantly effect drainage flow
on adjacent sites? , , , . · · . ,
6. Will project affect any threatened or endangered
plant or animal species? . . . , . o ·
7. Will project result in a major adverse effect on
air quality? · · , · · , · ·
Will project have a major effect on visual char-
acter of the co~munity or scenic views or vistas
known to be important to the community? , , .
Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontological
importance or any site designated as a critical
environmental area by a local agency? . . .
10. Will project have a major effect on existing or
future recreational opportunities~ . . ,
11.
Will project result in major traffic problems or
cause a major effect to existing transportation
12.
Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? ·
13, Will project have any impact on public health or
iL.
15.
PREPARER' S
REPRESENTIb'G:
character~--~ne com.~unity
Is there.~ubll~ contr~
SIGNATURE.~
Rev. Dona~
/
Yes x No
x
Yes No
Yes x No
Yes x No
Y&s x No
Yes ~ No
X
Yes---- No
Yes x No
Yes x No
Yes x No
Yes x No
Will project &ffect the existing community by
directly causing a ~rowth in permanent popula-
tion of more than 5 percent over a one-year
period or have a major negative effect on the
or neighborhood?.. Yes x
'jncer~ing the project? ,, Yes
K
/////
//~y~ ~ T~.L~. Owner
~r~ckle~' DATE: March 12, 1984
QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A.
The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires
an application to the N.Y.S. Department of Environmental Conservation, Environmental
Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 11794, (tel. 516-751-7900), if
you have checked Box #1 and/or Box #6 below. Please either call their office or
personally visit them at their Stony Brook office for instructions and application
forms. Once you have received written notification of approva please provide our
office with a copy (with the conditions) as early as possible in order that we may
continue processing your Z.B.A. application.
[ ] I.
[ ] 2.
[ ] 3.
[x] 4.
[ ] 5.
[×] 6.
X
[ ] 7.
Waterfront without bulkheading
Waterfront with bulkheading in good condition
[ ] the full length of the property
[ ] at least 100' in length
Not located within 300' of waterfront or wetlands area
May be located within 300' of waterfront or wetlands area; however,
the following structure separates my property from this environmental
area:
[ ]~ 50' existing road
[~ structures
existing
[ ] bluff area more than 10' in elevation above mean
sea level
This proposed addition/expansion of an existing building will be more
than 75' from the landward edge of tidal wetlands/waterfront areas.
This proposed addition/expansion of an existing building will NOT be
more than 75' from the landward edge of tidal wetlands/waterfront
area.
Please be aware that any and all subdivisions and new dwellings will also require an
application to the N.Y.S. Department of Environmental Conservation for their review
and approval. If you are able to provide them with recent photographs of the
project and wetland areas, it would help expedite the processing of your applica-
tion.
This questionnaire is made to explain the requirements of this State Law and to
prevent any unnecessary delays in processing your application(s).
10/831k