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HomeMy WebLinkAbout3667HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TO~N TRUSTEES TOWN OF SOUTHOLD Town Hall, $3095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 June 26, 1987 Patricia C. Moore, Esq. Edson & Bruer ,Main Road Box 1466 Southold, New York 11971 Re: John H. Mulholland - Application No. 518 Dear Mrs. Moore: The following action was taken by the Board of Town Trustees during their regular meeting held on June 25, 1987 regarding the above matter. WHEREAS, Patricia C. Moore, Esq. on behalf of John H. Mulholland applied to'the Southol~ Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated April 6, 1987, 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 June 25, 1987 at which time all interested persons were given an opportunity to be heard, and no objections were raised, 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 PATRICIA C. MOORE,!ESQ.ON BEHALF OF JOHN H. MULHOLLAND BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Construct an addition am make alterations to an existing residence. Property is located on Island View Lane, Soutkold. There is to be no disturbance within 20' of the MHW.~ Board of Town Trustees - Patricia C. Moore, Esq. on behalf of John H. Mulholland Page 2. This permit will expire on June 25, 1989 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 shall file with the Clerk a certificate that he has 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. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. - PLEASE CONTACT THE BUILDING DEPT. FOR THE DETERMINATION OF THE NEED OF ANY OTHER TOWN PERMITS THAT MAY BE REQUIRED FOR THIS PROJECT. HPS:ip CC: Please remit $i0.00 for Wetland Inspection fees for this application. Very truly yours, Henry P. Sm~ith, President Board of Town Trustees Robert A. Greene, D.E.C., Stony Brook Commissioner Henry G. Williams, D.E.C., Albany Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management Conservation Advisory Council Bldg. Dept. Board jAppeals File COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE SOIL AND WATER CONSERVATION DISTRICT September 24, 1987 STANLEY A. PAUZER DtSTRICT MANAGER Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer: We have received your letter dated September 11, 1987 in which you requested our assessment of Appl. No. 3667 - JOHN MULHOLLAND (Variance). Please be advised that a site inspection was conducted on September 22, 1987. During this inspection we noted that the proposed location of the addition is fairly level and located on soils which have few or no limitations for home- sites. However, the Published Soil Survey of Suffolk County, New York indicates that a "wet spot" exists in the general area and some temporary seasonal flood- ing may occur. Limitations of the soils regarding sewage disposal fields are rated as slight with few or no limitations except where wells, springs or bodies of water are in close proximity. In such cases, a possible pollution hazard exists due to the rapidly permeable soils. If you require any additional information please contact our office. Sincerely, Thomas O. McMahon, Senior District Technician 164 ~d ~mmtry Rozd - Rte. 58 RIVERHEAD, NEW YORK 11901 On a motion made by Ralph Condit, it was RESOLVED to approve the minutes of Thursday, April 23, 1987. Vote of Council: Ayes: All Motion carried. RECOMMENDATION OF APPLICATIONS M~ 4, 1987 - Pa seconded by John Tuthill, the regular meeting held On a motion made by Martin Garrell, seconded by Ralph Condit, it was RESOLVED to recommend to the Southold Town Trustees approval of Wetland Application No. 517 submitted by Wilhelm H. Frank to repair and replace approximetely 88' of bulkheading and also dredge 2' below MLW. 1225 Arshamomaque Avenue, Southold. Vote of Council: Ayes: All Motion carried. On a motion made by Ralph Conditl seconded by John Holzapfel it was , RESOVLED to recommend to the Southold Town Trustees approval of Wetland Appllication No. 518 submitted by Patricia Moore, Esq. on behalf of ~toconstruct an addition and alterations to.an existing residence. Island View Lane, Southold. Vote of Council: Ayes: All Motion carried. On a motion made by Ralph Condit, seconded by Heather Cusack it was RESOLVED to recommend to the Southold Town Trustees approval of Wetland Applciation No. 519 submitted by En-Consultants, Inc. on behalf of Anthony and Robert Pisciotta to construct a one family house, sanitary system, driveway, etc. as shown on submitted site plan. Approximately 400 c.y. o~ ~lean fill will be trucked in to raise grades for house and sanitary system. Windy Point Lane, Southold. Vote of Council: Ayes: All Motion carried. On a orion made byJeanne Marriner, seconded by John Holzapfel, it was RESOLVED to recommend to the Southold Town Trustees approval of Wetland Applciation No. 520 submitted by En-Consu~tants, Inc. on behalf of Herbert Mandel tomodify and repair an existing timber dock and maintneance dredge an area 12' x 60' to 5' below MLW.Cox Neck Road (Mill Road), Mattituck. Vote of Council: Ayes: All Motion carried. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 September ll, 1987 Patricia C. Moore, Edson and Bruer Main Road Southold, NY 11971 Esq. Re: Appl. No. 3667 John Mulholland (Variance) Dear Pat: This letter will acknowledge receipt of your recent application before the Board of Appeals. The Board members will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling your application for a public hearing. It is requested in the interim that you proceed with the [ ] Planning Board IX] N.Y.S.D.E.C. concerning their jurisdiction in this matter in order that they may submit their written comments, formal action, or other input as early as possible. Upon receipt of their input, your application will be scheduled for the earliest available hearing date. If the above document(s) are submitted by September 25th, it is expected that a public hearing would be held about the early part of October. A copy of the notice of hear- ings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation. Please feel free to call at any time if you have questions. Yours very truly, GERARD P, GOEHRINGER CHAIRMAN By Linda Kowalski Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, IR. ROBERT ]. DOUGLASS JOSEPH H, SAWICKI September ll, 1987 Mr. Stanley A. Pauzer, Suffolk County Soil & 127 East Main Street Riverhead, NY ll901 District Manager Water Conservation District Re: Appl. No. 3667 John Mulholland (Variance) Dear Mr. Pauzer: We presently have an application pending in which the property owner proposes to construct a substantial addition to existing dwelling, all as more particularly shown on sketched survey of February 12, 1987 by Peconic Surveyors and Engineers, P.C. located along "The Creek" off Island View Lane at Greenport. May we ask your assessment of this project prior to our scheduling this matter for a public hearing? Enclosed for your file are copies of the survey and Suffolk County Tax Map of the area. Please don't hesitate to call if additional information is necessary. Thank you for your assista'nce. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosures By Linda Kowalski JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 27, 1987 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-180! TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3667 , application of John H. Mulholland 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 August 27, 1987 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Variance Application John H. Mulholland Dear Sirs: Enclosed please find the following: 1. Notice of Disapproval from the Building Inspector 2. Application in triplicate 3. Notice to Adjoining Property Owners with affidavit and mailing receipts attached. 4. short Environmental Assessment form 5. Completed ZBA questionnaire 6. Plans of proposed construction 7. Copy of photographs of staked property (as submitted to DEC) 8. Copy of survey indicating the proposed construction and showing the most seaward construction at 55 feet from wetlands. 7. Our firm check, in the sum of $150.00, in payment of application fee. Sincerely, Patricia C. Moore, PCM/df Encs. Esq. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number ........................... ~Qr~Q.~ ................................................... C. qp, x-I~;.t,,i,.9.~.t....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....~R~.[...,7./....1,,9..8.7. ................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Patricia C. Moore, Edson and Bruer Name of Applicant for permit of Main Road ..................................................... ~.utkQ3-d, ................... ~..X.Q~ ................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to Construct 1. LOCATION OF THE PROPERTY ~.~7~2~"5.~.~I.~s..~...a..-n~.d~..v.`i."e~.w.~.~L~a~n~e~.~.~G.~r~e~e~n~p~r~/~ Street /Hamlet / Use District on Zoning Map District 1000 Section057Bloc~ 2 Lot24 ~ . .................................................................................. ~urren~ Owner John H. ~.:ulholland Mop No. Lot No. Prior Owner 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 xI Section 119.2 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appea! No ................................. Dated ...................................................................... ( ) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Proposed Addition to existing residence is within 75 feet of wetlands. F~rm ZB1 (Continue on other side) REASON FOR APPEAL Continued tim 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficull~~ sory HARDSHIP becau~, Residence is a summer cottage which provides an impractical living area, the proposed construction of garage and additional rooms will improve the quality of life of the owner, enhance the value of this and adjacent properties and will make the summer cottage conform to the current building code, therefore protect the health and safety of the appellants. 2. The hardship createdis UNIQUEondisnotshared by all properties alike in the immediate vicinity ofthis property and in this use district because The existing property was built as a summer cottage, the 'location of the property is unique that any COnstruction would be within 75 feet of a creek thus necessating a variance from zoning ordinance. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Island View Lane originally consisted of summer cottages, however, the adjacent properties have been improved by the expansion of original seasonal cottages, as well as the COnstruction of year round homes. The proposed addition would require a minimal variance. STATE OF NEW YORK ) ) COUNTY OFx .,./~ ~'~Ii~iF,,.U~. ) SS Signature Sworn to this C:~'7c:~ day of ......... ~ 19 ~7 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ ?~.~,~..~../.~...~. ~..~.'~L To PLEASE TAKE NOTICE that ~our application dated .................. 19 ~. ~.. ~o~ ~,~ ~o ~o~..~/~..~. ~. ~.~.~ .................. ~o,~,o~ o~o~t~ ...~.e r...~...~. ?~ .... ~.~ ...... .ouso tvo. ~'treet ~ Homier County Tax Map No. lO00 Section . .'..~ ~ .... Block ....~. ~ ...... Lot . .~.~. ........ Subdivision .................. Filed Map No ................. Lot No .................. is returned herewith and disapproved ou the following grounds .~..~.. ~ !1."/, .~ .~ .~.~) ~7:~,~.r~:...~.~~.~x~..~~.~..~ ..... · Building Inspector RV 11;0 .SHORT ENVIRO}~MENTAL ASSESSMENT FORM INSTRU~TIONet (a) In order to answer the questions in this short EAF is is assumed that the preparer will use currently available information concerning the project and the ' likely impacts of the action, It is not expected that additional studies, research cr other investigations will be undertaXen. (h) If any question has been answered Yes the project may be aignifican~ and a ccmpleted Environmental Assessment Fermis necessa~/. (c) If all questions have been answered No i~ is likely that this project is not. significant. (d) ~nvironmental Assessment 1. Will project resul~ in a la~ge physical change to the project site or physically alter more than 10 acres of land? . · 2. Will there be a major change to any unique or unusual land form found on ~he site? · · · 3.Will ~roJect alter or have a large effect on an existing body of wa~er? &. Will project have a potentially large impac~ on groundwater quality? · · · 5, Will proJec~ significantly, effect drainage flow on adJacen~ sites? · · · · · · . · · · 6. Will project affect any threatened or endangered -plant or ani,nal species? · · · · · · · · · 7. Will project result in a major adverse effect on 8. Will project have a maJo~ effect on visual char- acter of the community or scenic views or vistas known to be importan~ to the community? . · · 9. Will project adversely impact any site or struc~- ur· of his~oric) pre-historic, or paleontological importance or any site designated aoa critical environmun~al area by a local agency? . . . 10. Will project have a major effect on existing or £u%ure recreational opportunities? . · · 11. Will project,result'in major traffic problems or cause a major effect %o 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 l&. Will project ~£fect the existing commu~%i%y by directly causing a growth ~n perma[:ent l~opula- tion ef more than 5 percent over a c'ne-year period o._.r have a major negative effect on the character of the community or neignborhoOd?o . PREP~RER'S 91~/78 Yes Yes ./No Yes /No Yes Yes Yes /No Yes ~ No gee ~o Yes Yes ~o Yes /No there publ~controversy cone·mine; ~he project? . .. QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your comPleted application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. Are there any proposals to change or alter land contours ~o seaward of area under construction? Yes Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by ~ Town Code, Ch. 97 for your reference.) Yes 3. Are there existing structures at or below ground level (~ such as patios, foundations, etc? ' Yes 4. Are there any existing or proposed fences, concrete barriers, decks, etc? Yes (~ 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above /~ average ground level? State total: ft. Yes o 10. ll. 12~ 13. If project is proposed for principal building or structure, is total height at more than 35 feet above /x~'~ average ground level? State total: ft. Yes Are there other premises under your ownership abutting this pa~ce~l? If yes, please submit copy of deed· Are there any building ~ermits pending on this parcel (or abutting land under your ownership, if any)? ~ Yes) State Permit # and Nature: I~C~-s'-/- o~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): No No Planning Board Yes No Town Board Yes No Town Trustees ~~ . Yes (~ County Health Department ~_ Yes No Village of Greenport .]~ No N.Y.S.D.E.C. ~-~ x~mj, v~J~~ ~ No Other ' ' } No Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale (from contract). Yes (~ Is new construction proposed in the area of contours x at 5 feet or less as exists? (~.~ F~4- ~-~- ~rv~ (~ No 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 (~ No the requirements of Ch. 97 of the Town Code? Please list present use or operations conducted upon the Subject property ~at this time ~(:JJJ~ti~_~ and proposed ~ certify that the above statements are true and are being submitted reliance by the Board.p~peals jn,jl~nsidering my. application. Signature ~P~Y~Jrr~l-~ (Auth4~rized Agent) for 3/87 1 k $oU~O /4.~.~..s--?_.z_.,?_ y ..~"'~"' ~ ~ TOWN ~OF SC~THOLD. PERTY RECORD CARD OWNER FORMER OWNER RES. SEAS. L/~'~/~6 VL '.STREET ' · J VILLAGE DISTRICT SUB. N , , · E -- ' ~ Ju' ~. ~ J ACREAGE FARM LOT ~ LAND AGE NEW IMP. NORMAL TOTAL /7 o DATE BUILDING CON DIT. ION BELOW ABOVE Farm Acre Value Per Acre Value Tillable ! Tillable 2 Tillable 3 Woodland .Swampland Brushland JEst. Mkt. Value House Plot Total FRONTAGE O. WATER FRONTAGE ON ROAD ~ BULKHEAD DOCK ExtensiOrl r Ext. Wells .t~c/!/.~t~.~..x Interior Finish Extensim :,, Fire Place [~/~__~lo Heat Porch Roo~ 1st Flor B~eezew~ ~ ~ P~ti° Rooms 2nd Floor G~ro~ ~ Brivew~ Dormer O.B. ~ R -80 \ ( Dwe Uing ) ~- ISLAND VIEW LANE t PRIVATE ROAD) ~- 7.77 6.98 I pUBLIC ~'ATEll i# 8TIIf[T ) ~ RIGHT OF WAY S.85040'30"E, 75.00' ?. 4 122 I o. la. AREA ' 17. Oil SQ. FT. OR 0.39l ACRE ELEVATIONS AND CONTOUR LINES ARE REFERENCED TON. G.V.D. SURVEY OF PROPERTY AT A RS H A MOMOQUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. lO00 ' 05/~. - 02 ' 24 SCAL~E I"= 20' FES.U2 , 1987 CERTIFIED TO: JOHN H. MULHOLLAND G ....... , ............. ,., ,PqRmred la ctccordance with f~e minimum ~/{mdor,4- h~r title surveys os e~'eblished by the.LI.A. LS. and c~pproved and adopted far ~ u~ by The New York State Land Title A~ocietion. -- P.O. BOX. 909 MAIN ROAD SOUTHOLD , N.Y. 11971 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter m' the Petition of : to the Board of Appeals of the Town of $outhold : TO: NOTICE TO ADJACEN~ PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th,~itq:r-~e Intention of the undersigned to petition the Board of Appeals of the Town of $outhold to request ~[(Variance~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~follows: 725 Island View Lanet Greenport That the property which is the subiect of such Petition is located in the following zoning district: Agricultural/Residential 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: C~t~,3ctier of Addition 55 feet from Wetland Boundary and any other or further r~li~f as th~ Z~ni~g R~rd ~r Applican~ d~m~d necessary. 5. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- signed are Article XI Section 119.2 [ ] Section 280-^, New York Town Law for approval of access ove~ r~ght(s)-of-wa3,. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the $outhold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 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 rigt~t to appear and be heard at such hearing. Dated: 8/27/87 John H. Mulholland, by_ Patricia C. Moore, Esq. Petitioner 0wners'Names: John H. Mulholland Post Office Address Edson & Bruer, P.O. Box 1466, Southold, NY 1197 (516) 765-1222 NAME PROOF OF MAILIN(~ OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Derek and Esther Morcombe 725 Island View Lane Greenport, New York 11944 Jerrilyn Stemmler~& ~n~- p 263 056 6q2 [See F P.O. BOX 22Rg~ p 263--5~43 Seat'- MAiL T FOR cERTWiEO ~ [ 7,;q~ .- steeler ~ a~- 6 e~r ~i~n ....... STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Mary Diana Foster , residing at (No#) McCann Lane? Greenport, NY , being duly sworn, deposes and says that on the 27th day of Auqust ,19 87 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at Southold, NY ; that said Notices were mailed to each of said persons by {certified) ~ mail. Sworn to before me this 27~h (This side does not have to be completed on form transmitted to adjoining property owners.)