HomeMy WebLinkAbout45974 .
APPEALS BOARD MEMBERS'
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
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BOARD OF APPEALS
TOWN OF SOUTHOLD
BOARD OF APPEALS DETERMINATION
TOWN -WIDE INTERPRETATION
MEETING OF SEPTEMBER 30, 1998
Appl. No. 4597 - BUILDING DEPARTMENT by Edward Forrester,
Director of Code Enforcement
LOCATION OF PROPERTY: Town -Wide, Town of Southold
DATE OF PUBLIC HEARING: September 24, 1998
SECTION OF CODE INTERPRETED: 100-259 Land Clearing
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
WHEREAS, Application No. 4597 is a written request for an INTERPRETATION of the
Zoning Code, Article XXV, Section 100-259 `Land Clearing to determine whether or not ""This
Section applies to vacant land in all zoning districts"; and
WHEREAS, after due notice a public hearing was held by the Board of Appeals on
September 24, 1998 in the Assembly Room, Town Hall, 53095 Main Road, Southold, New York
to consider the Building Department's question; and
WHEREAS, at said hearing all those who desired to be heard were heard and their
testimony recorded, and
WHEREAS, all testimony has been carefully considered; and
WHEREAS, Section 100-259 "Land Clearing" of the Zoning Code reads as follows:
§ 100-259. Land clearing. [Added 8-8-1995 by L.L. No. 17-1995 EN]
No person shall undertake or carry out land clearing, including grading, clearing, cutting
and filling, excavating or tree removal associated therewith, without first having obtained site
plan approval. Weeding, gardening, mowing and the selective pruning of vegetation or selective
cutting of diseased or dead trees shall not be included herein. Any landowner found guilty of
violating this section shall. be fined up to five thousand dollars ($5,000.). Site plan approval shall
be withheld until and unless a plant restoration plan for that site is approved by the Planning
Board.
On motion offered by Member Horning, seconded by Member Collins,
IT IS RESOLVED, that the question of the Southold Town Building Department is hereby
ANSWERED as follows: Yes, Section 100-259 Land Clearing does apply to vacant land in all
Page -2 -- September 30, 199_
Appl. No. 4597 — Building Itment
Southold Town Board of Apals
zoning districts.
VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, Horning, and
Collins. This Resolution was duly adopted (5-0).
--------------------- -------
GERARD
----- GERARD P. GOEHRINGER, CHAIRM
Approved for Filing 10/ 2--J-.8
1a/S/j�P
RECEIVED AND FILED BY
THE SOUTFIC D TOW14 CLL= iz
Town Clerk, J "D
Town Hall, 53095 Main Road : "I.
P.O. Box 1179
Southold, New York 11971
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Fax(516)765-1823
Telephone (516) 765-1802
BUILDING DEPARTMENT
TOWN OF SOUTHOLD
JUL �i 1�;��
o� "
MEMORANDUM Y�e� y.
TO: G. Goehringer, Chairman ZBA
FROM: E. Forrester, Building Departmen
DATE: July 17, 1998
RE: Request for interpretation
Respectfully request an interpretation of Town Zoning Code Sec 100-259. Land
Clearing.
!00-259 states that'... clearing, grading, cutting, grading, excavating, or tree
removal...' with certain exceptions, requires Site Plan approval.
U A C s\—+
An interpretation is required to determine if this section applies all Zoning
Districts. .
7/ `
,�Fj-F rbll9e
LEGAL NOTICE
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, SEPTEMBER 24, 1998
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law
and the Code of the Town of Southold, the following application will be
held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at
the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on
THURSDAY, SEPTEMBER 24, 1998 at the time noted below (or as soon
thereafter as possible):
6:35 p.m. Appl. No. 4597 - BUILDING DEPARTMENT. This is a Request
on a Town -Wide basis, for an INTERPRETATION submitted by the Building
Department by its Director of Code Enforcement, asking for "a
Determination answering the question: "Does Article XXV, Section 100-
259 -Land Clearing, apply to vacant land in all Zoning Districts."
The Board of Appeals will at said time and place hear any and all persons
or representatives desiring to be heard in the above application or
desiring to submit written statements before the end of the hearing.
Each hearing will not start earlier than designated. Files are available for
review during regular Town Hall business hours (8-4 p.m.). If you have
questions, please do not hesitate to call 765-1809.
Dated: August 25, 1998. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
APPEALS BOARD MEMBERS o�p$�FFO(,�CO
�tGerard P. Goehringer, Chairman c
James Dinizio, Jr. `02
Lydia A. Tortora 41-
® ��
Lora S. Collins
George Horning
l
BOARD OF APPEALS
TOWN OF SOUTHOLD
BOARD OF APPEALS DETERMINATION
TOWN -WIDE INTERPRETATION
MEETING OF SEPTEMBER 30, 1998
Appl. No. 4597 - BUILDING DEPARTMENT by Edward Forrester,
Director of Code Enforcement
LOCATION OF PROPERTY: Town -Wide, Town of Southold
DATE OF PUBLIC HEARING: September 24, 1998
SECTION OF CODE INTERPRETED: 100-259 Land Clearing
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
WHEREAS, Application No. 4597 is a written request for an INTERPRETATION of the
Zoning Code, Article XXV, Section 100-259 `Land Clearing to determine whether or not "This
Section applies to vacant land in all zoning districts", and
WHEREAS, after due notice a public hearing was held by the Board of Appeals on
September 24, 1998 in the Assembly Room, Town Hall, 53095 Main Road, Southold, New York
to consider the Building Department's question; and
WHEREAS, at said hearing all those who desired to be heard were heard and their
testimony recorded, and
WHEREAS, all testimony has been carefully considered; and
WHEREAS, Section 100-259 "Land Clearing" of the Zoning Code reads as follows:
§ 100-259. Land clearing. [Added 8-8-1995 by L.L. No. 17-1995 EN]
No person shall undertake or. carry out land clearing, including grading, clearing, cutting
and filling, excavating or tree removal associated therewith, without first having obtained site
plan approval. Weeding, gardening, mowing and the selective pruning of vegetation or selective
cutting of diseased, or dead trees shall not be included herein. Any landowner found guilty of
violating. th,is section shall. be.fined up to five thousand dollars ($5,000.). Site plan approval shall
be withheld 'until and unless• a "plant restoration plan for that site is approved by the Planning
Board.
On motion offered by Member Horning, seconded by Member Collins,
IT IS RESOLVED, that the question of the Southold Town Building Department is hereby
ANSWERED as follows: Yes, Section 100-259 Land Clearing does apply to vacant land in all
Page -2 -- September 30, 199
Appl. No. 4597 — Building DepavL-ment
Southold Town Board of Appeals
zoning districts.
VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, Horning, and
Collins. This Resolution was duly adopted (5-0).
---------------------- -------
GERARD P. GOEHRINGER, CHAIRM
Approved for Filing 10/ Z/. 8
1a/S-STP
RECEIVED AND FILED ETA
THE SOUTHO a .D TOWN OLLMtz
DATE
Tovm Clerk, 7 o ; ii 01
M
/ err
OCT 5 jgc�o
RECEIPT FOR COPY OF DECISION
THIS WILL CONFIRM THAT I HAVE RECEIVED, IN PERSON, A COPY
OF THE ZONING BOARD'S DETERMINATION- RENDERED AT ITS
MEETING OF -Seo;- 30 /99L REGARDING MY
APPLICATION, and I hereby waive a separate mailing of same.
DATE RECEIVED: to - g
AGNED*INE6H=MLF OF APPLICANT
5,\
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
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BOARD OF APPEALS
TOWN OF SOUTHOLD
BOARD OF APPEALS DETERMINATION
TOWN -WIDE INTERPRETATION
MEETING OF SEPTEMBER 30, 1998
Appl. No. 4597 - BUILDING DEPARTMENT by Edward Forrester,
Director of Code Enforcement
LOCATION OF PROPERTY: Town -Wide, Town of Southold
DATE OF PUBLIC HEARING: September 24, 1998
SECTION OF CODE INTERPRETED: 100-259 Land Clearing
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
WHEREAS, Application No. 4597 is a written request for an INTERPRETATION of the
Zoning Code, Article XXV, Section 100-259 "Land Clearing to determine whether or not "This
Section applies to vacant land in all zoning districts'; and
WHEREAS, after due notice a public hearing was held by the Board of Appeals on
September 24, 1998 in the Assembly Room, Town Hall, 53095 Main Road, Southold, New York
to consider the Building Department's question; and
WHEREAS, at said hearing all those who desired to be heard were heard and their
testimony recorded, and
WHEREAS, all testimony has been carefully considered; and
WHEREAS, Section 100-259 "Land Clearing" of the Zoning Code reads as follows:
§ 100-259. Land clearing. [Added 8-8-1995 by L.L. No. 17-1995 EN]
No person shall undertake or carry out land clearing, including grading, clearing, cutting
and filling, excavating or tree removal associated therewith, without first having obtained site
plan approval. Weeding, gardening, mowing and the selective pruning of vegetation or selective
cutting of diseased or dead trees shall not be included herein. Any landowner found guilty of
violating this section shall be fined up to five thousand dollars ($5,000.). Site plan approval shall
be withheld until and unless a plant restoration plan for that site is approved by the Planning
B6ard.
On motion offered by Member Horning, seconded by Member Collins,
IT IS RESOLVED, that the question of the Southold Town Building Department is hereby
ANSWERED as follows: Yes, Section 100-259 Land Clearing does apply to vacant land in all
Page 2 -- September 30, 199
Appl. No. 4597 — Building Department
Southold Town Board of Appeals
zoning districts.
VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, Horning, and
Collins. This Resolution was duly adopted (5-0).
-----------------------------
GERARD P. GOEHRINGER, CHAIRM
Approved for Filing 10/ Z_/. 8
FOLLOW-UP and UPDATE FOR' YOUR RECORD:
TO: All ZBA Members
FROM: ZBA Chairman via ZBA Office
DATE: /�� _ /% , 199$
Attached is an (original) co of --A(new
information added to the original Town ZBA file)
re: Pending Application of
Other Comments:
# of Pages Attached: )
Placed in Members' office mail boxes for update on 1//7/9,fby
--------------------
Board.Trans
e -c tae. :.d2e
No earthwork, site work, land clearing, construction or development activities shall take
place on any property within an AHD District except in accordance with a site plan
approved by the Planning Board in accordance with the provisions of this Article and in
accordance with the procedures and standards for site plan approval as set forth in Article
XXV of this chapter.
..............................
§ 100-259. Land clearing. [Added 8-8-1995 by L.L. No. 17-1995 EN(t)j
No person shall undertake or carry out land clearing, including grading, clearing, cutting and
filling, excavating or tree removal associated therewith, without first having obtained site plan
approval. Weeding, gardening, mowing and the selective pruning of vegetation or selective
cutting of diseased or dead trees shall not be included herein. Any landowner found guilty of
violating this section shall be fined up to five thousand dollars ($5,000.). Site plan approval shall
be withheld until and unless a plant restoration plan for that site is approved by the Planning
Board.
A
Endnotes
1(Popup)
Editor's Note: This local law also provided as follows: "The purpose of this ordinance is to allow
owners to take advantage of the existing vegetation on-site when developing a landscaping plan as
part of site plan approval, and to prevent clear cutting of properties prior to site plan approval."
_ aivr<'.N1ttle
............................
No excavation of any kind shall be permitted except in connection with the construction in the
same lot of a building for which a building permit has been duly issued. In the event that a building
operation is arrested prior to completion and the building permit therefor is allowed to lapse,
within six (6) months after the date of expiration of such permit, the premises shall be cleared of
any rubbish or other unsightly accumulations, and topsoil shall be replaced over all areas from
which such soil may have been removed. Any excavation for a basement or foundation with a
depth greater than three (3) feet below grade shall be either filled or surrounded by a substantial
fence adequate to deny children access to the area and adequately maintained by the owner of the
premises.
M
§ 81-6. Application for permit.
A. Before any excavation is commenced for any purpose other than those excepted in § 81-4 of
this chapter, or before topsoil, earth, sand, gravel, stone or other minerals are removed from
the ground, the owner, lessee or agent of the premises shall obtain a written permit therefor
from the Town Board. For that purpose, such applicant shall file with the Town Clerk of the
Town of Southold an application in duplicate for such permit, which shall set forth and
include:
(1) A detailed statement of the proposed operation; a plan of the area proposed for
excavation or for removal of topsoil, showing the condition of the plot or premises before
operations are commenced and the proposed condition of said plot or premises after the
work is completed; such plan shall be prepared by a duly licensed engineer or land
surveyor of the State of New York, shall be drawn to scale and shall show all the streets
adjoining the property, the location and dimensions of the premises upon which it is
proposed to excavate, and the location, size and use of any existing buildings.
(2) A topographic survey of the property prepared by a duly licensed engineer or land
surveyor of the State of New York, showing contours at ten -foot intervals, using Coast
and Geodetic Survey datum.
(3) A duly acknowledged consent, in writing, of the owner of the premises and mortgagee, if
any, including his or their addresses.
(4) Receipted tax bills or a photostatic copy thereof, or a letter signed by the Receiver of
Taxes of the Town of Southold or by the Suffolk County Treasurer or by any title
insurance, abstract or searching company authorized to do business in Suffolk County,
certifying that all taxes and assessments against the property described in the application
have been paid.
(5) The names and addresses of all property owners of record within two hundred (200) feet
of the outside boundaries of the premises within which operations regulated by this
chapter are proposed to be performed.
(6) The following items shall be supplied unless waived by the Town Board under § 81-10 of
this chapter:'
(a) A proposed comprehensive plan for the rehabilitation of the premises, together with
a schedule of progress therefor. The proposed plan of rehabilitation shall set forth the
ultimate contour and grade of the area upon completion thereof and shall describe the
areas to be refilled, topsoiled and seeded, and shall specify the amount and extent
thereof to be performed before December 31 of the year for which a permit or
renewal of a permit is being applied for.
:.:............. .........:.......:..........
.
..............................
(b) An estimate, prepared by a duly licensed engineer or land surveyor of the State of
New York, of the total number of cubic yards of material to be removed from the
property pursuant to such plan during the permit period or renewal thereof.
B. An application for a permit for sod farming need not include the information required by
Subsections (1), (2), (4) and (6) above. Such application shall set forth a detailed statement of
the proposed sod farming operation; a plan of the area to be used for that purpose, showing
its existing condition; and the material and information required by Subsections (3) and (5)
above.
§ 81-7. Regulations.
Compliance with the following regulations shall be a continuing condition for the validity and
existence of any permit granted or renewed hereunder.
A. When required by the Town Board as necessary for the protection of the health, safety and
general welfare of the public, for the preservation of property values in the neighborhood or to
facilitate the proper drainage of surface water or appropriate use of land, in accordance with
the standards prescribed in § 81-5, the premises on which operations regulated by this chapter
are performed shall be rehabilitated in accordance with a plan of rehabilitation and schedule of
progress therefor approved by the Town Board, which plan and schedule shall be filed in the
office of the Town Clerk and are hereinafter referred to as the approved plan of rehabilitation.
Such plan of rehabilitation may provide for a partial restoration of the property involved
pending the completion of operations regulated by this chapter, and need not include the
delineation of streets.
B. When required by the Town Board as necessary for the protection of the public, barriers
consisting of wire fencing of the type known as chain-link or cyclone fence, or its equivalent,
of such height as shall be specified by the Town Board as necessary for the protection of the
public, considering the particular circumstances of the terrain and location, substantially
erected and with no opening except necessary gates for ingress and egress, shall be erected to
prevent public access to the top of any pits or steeply graded slopes.
C. Bank and pit excavations shall not extend, nor shall topsoil be stripped or removed, within one
hundred fifty (150) feet of any property line nor within two hundred (200) feet from the front
line of any street, road, avenue or highway, except when incident to the construction of a
cellar; except that in the case of a bank excavation, the same may begin at a street or road line.
The term "bank excavation" refers to an excavation which is not carried below the grade of
the street or road mentioned in the preceding sentence.
D. All slopes shall be excavated and maintained during operations at safe angles of repose to
prevent erosion thereof and erosion or collapse of upper grade surfaces above such slopes,
and final slopes shall not be inclined steeper than one (1) foot vertical on one (1) foot
7
...............................
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horizontal. All slopes shall be protected against collapse or erosion by the construction of
proper drainage ditches back of the lip or edge thereof.
E. Dust -down or a similar dust layer shall be spread on access roads and other traveled areas to
protect the public and the countryside against windblown sand and dust.
F. Topsoil stripped in connection with operations regulated by this chapter shall not be removed
from the premises but shall be preserved for use in connection with rehabilitation; provided,
however, that any excess topsoil may be removed after rehabilitation has been completed.
.Excess topsoil is any topsoil in excess of that required to allow a cover of at least six (6)
inches over any area on which topsoil is required to be respread by this chapter. This
subsection shall not apply to sod farming authorized by permit and performed in conformity
with the conditions and safeguards prescribed under this chapter.
G. Topsoil set aside and preserved for use in accordance with Subsection F of this section shall
be respread upon the surface of the land from which topsoil or sand and gravel have been
stripped or removed, excepting areas which are laid out as streets, parking lots or areas to be
occupied by buildings on a subdivision plat approved by the Town Planning Board.
H. Upon completion of any operation regulated by this chapter, the excavation area shall be
refilled and graded to such reasonable level as may be specified in the approved plan of
rehabilitation.
I. All material used as fill shall be free from garbage, refuse and offal and any combustible,
deleterious or unwholesome matter.
J. All areas on which topsoil has been respread as required hereinabove shall be prepared for and
seeded with grass unless other vegetation or planting with vines or other Governing is
specified in an approved plan of rehabilitation.
K. Adequate provisions shall be made for the prevention of the accumulation of water from any
source as a result of such operations.
L. No excavations shall be made which shall cause pollution to any underground water supply by
saltwater intrusion or other causes.
M. The setback areas shall not be used for the storage of any products or other materials or
equipment.
j� tI'
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
August 25, 1988
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE.
(516) 765-1801
The Southold Town Board Code Committee will meet at 7:30 P.M., Wednesday,
August 31, 1988 at the Southold Town Hall, Main Road, Southold, New York.
The Southold Town Tree Ordinance will be on the agenda and the Tree .Committee
is invited to attend this meeting.
Town�oard Members
own ttorney
LAvVeals Boad
P annin Board & Planner
Bidg. Dept.
Herbert Mandel
(4) Newspapers
WBAZ Radio Station
Judith T. Terry
Southold Town Clerk
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Proposed Local Law Draft
ARTICLE XI - GENERAL REGULATIONS
Section 100-119.4. Clearing or Filling.
Land clearing, including but not limited to excavation,tree
removal, stripping of topsoil, removal of soil or vegetation, or
other similar activities, and/or regrading, filling, or otherwise
altering the natural contours of the land, shall be prohibited.
The following exceptions will apply:
A. Activities which have been processed and approved by the
Southold Town Planning Board; or
B. Properties located in the "A" Residential and
Agricultural Zone District. `
r
ZONING BOARD OF APPEALS
i01^1N HALL :.
MAIM tWAD - S. R. 25
SOUTHOLD, N.Y...1197_1
Southold Town Board
of Appeal
MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11971
TELEPHONE (516) 765-18(
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
._ROBERT 4. E)gUGI nSS-
JOSEPH H. SAWICKI
TO: Southold Town Board Members
Southold Town Clerk, Judith T. Terry
FROM: Jerry Goehringer, Z.B.A. Chairman ��
DATE: August 19, 1988
SUBJECT: Zoning - Proposed Local Law "Land Clearing"
Our office has for quite some time been considering the wording
and transmittal of the proposed Local Law concerning clearing of
land in commercial districts.
rX
After reading your Minutes of the August 9, 1988 Town Board
meeting, one draft was apparently sent back to the drawing board.
It is our recommendation that new sections be added to the Zoning
Code, Chapter 100, under Article XI -GENERAL REGULATIONS, Section
100-119.4, which would apply to all Commercial Zone Districts and
excepting the Residential and Agricultural District), worded
similar to the attached Draft which we had prepared a few weeks
ago.
Thank you. '
Pg. 11-8/9
LOCAL LAW NO. - 1988
A Local Law in Relation to Zoning
E IT `ENACTED _by the Town Board of the Town of Southold as follows:
1.. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended
as follows:
1. Section 100-132 is hereby amended by adding an additional paragraph D.
to read as follows: %
D. Land Clearing._ No person shall undertake or carry out any such
activity or use, including any grading, clearing, cutting and filling,
excavating or tree removal associated therewith, without first having
obtained siteplan approval therefor, pursuant to the provisions of
this Article.
II. This Local Law shall take effect upon its filing with the Secretary of State.
SUPERVISOR MURPHY: Any questions? (No response.)
1 .-VOTE. OF THE. -TOWN BOARD: .
COUNCILWOMAN. LARSEN: Yes. I'd just like to add that I'm very happy to see
that this law;.is`"finally coming about to a public hearing. It's very much needed
in the Town of Southold. We've had many instances where areas have been clear-
cut. - The Planning Board has no control over it at this point and in order to insure
proper development and protection of many of our fragile and viable areas this law
has been a long time in coming. Thank you.
COUNCILWOMAN OLIVA: Yes. I agree with Ellen. We still have a little more work
to do, but we've made a start. Thank you.
COUNCILMAN PENNY: No.
COUNCILWOMAN COCHRAN : No.
JUSTICE EDWARDS: -No. And I might add I think it's infringing on the property
owner not to be able, to do what he wants. I think it!s written too tightly.
SUPERVISOR MURPHY:' What property owner? Jay explained to us that this did
not.....
/JUSTICE EDWARDS': I'm still voting no, Frank.
SUPERVISOR MURPHY: Good. God bless you. My vote is yes.
11.-Vote.of: the.Town,Board::Ayes: Councilwoman Larsen, Councilwoman Oliva, Supervisor
Murphy. Noes: Councilman Penny, Councilwoman Cochran, Justice Edwards.
This resolution was declared LOST.
SUPERVISOR MURPHY: Absolutely disgraceful. Number 12 is to accept a proposal.
12. -Moved by Councilman Penny, seconded by Councilwoman Cochran, it was - -
RESOLVED that the Town Board:of.the Town of Southold hereby accepts the proposal
of Holzmacher, McLendon E Murrell, P.C. , in the amount of $5,400.00, for Analytical
Services required fora Permit to Construct the proposed Southold Solid Waste/Sludge
Composting Facility, all in; accordance with their proposal dated July 12, 1988.
12. -Vote of the Town Board:. Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
maq_.Penny:,..Councilwoman i.Cochran, Justice Edwards, Supervisor Murphy.
This ' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 13 is to authorize the Town Clerk to advertise
for applicants for one member of the Tree Committee. I offer that resolution.
13. -Moved 'by Supervisor Murphy, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for one (1) member foil the Southold Town Tree
Committee.
13. -Vote of -the Town Board: Ayes: Councilwoman, Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy..
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 14 is to reappoint six members of the Tree
Committee.
14. -Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold herety appoints the following
individuals to the Southold Town Tree Committee, effective September .22, 1988 through
September 22, 1989, they to serve in said positions without compensation: Edward
D. Dart, Peggy D. Murphy, Daniel E. Letteriello, Joseph P. Shipman, Chris Talluto,
Ronnie Wacker, Raymond L. Jacobs, Superintendent of Highways, ex officio member,
Antonia S. Booth, Town Historian, ex officio member.
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as:Tof #24; Willow?Point: >? 33}:., • < 8SS.pn App"pp1 I�Q�gS$2=' iid Traveler Watchman
72UpmARTI�H- RTOREI ,,,.a YUKBASIO LU oi}f{
� regarding. properties' -known as; x; vendee <SQQriQk p; :current-
: :'tL :- 65 ►Westwood'FLanei-aind 465,,. '' ow.&iis ROBER '-and ETHER
Y SOpTSOfD,TbW. NBOARDaT_ Westwood,L aue G'" SCHROED ' z`Ap' tic' ' , 5
:OFAPPEALS reen o NY' anXS' weeks
.,. } P �' .s,:,:> 99... _ .. Vis .............................
.,, Map'"ofEastemShoies;Section r _`questing::al}_ntrPretafgn;qE,�
o' cJIIEIRSDAY r'. ` 0 2,`Lgts #67-and?#6s =Paicel: �, Reverse Buildiiig.Ins ecforis,' •
ID: -, g
''}'SEPTEM'ZEI�24,1998=1•=fir Nos: 1000-33=2=1'Qand, 4q ' . A ri ly 1r9 rN tice ofD' a = 'In on the ... ...........
., 9 t 1- as=fol.. a: pR,,j,"t. o z
P
;HEREBYGI II " _ .lows:: -f." ..-_ . T:i �a��. prQv�a�,tnw c�iap l c n applied � Q _
:pursu'inti:taiSection'2Cf/Foftliet. °-App1`No;_4603 fora Lot to_use;premses�as;:an;automgj;. •••••
Town,laW;and`tU' Code of tli�.` %iV6i,,=derA hcle II, Section bile service: "stati9n,-witli.;gad; �
owis�loi{tloldtheiQllo`,v�ng �1�DQ .;:regardirigianexisting_- :ptunpshe iildirig'Iisp:e•,cfgr:
appl�catra s'willliehekl:for- u nonconformuig lot identified on ,disa rove tlie, ub'ect: a li- ...•" """"' """"""""""'
li ,hbann sb' e SOiJT`HOhI)` the Suffolk Count -ax�lVla as catroniinde ,
qq g.�.,Y• .---rT p r E�iticle�V;:Sec54;,`i
TOW-MBOARD'.OFAPPEAT;S Lo'�-I;($6ctioii'53-Block2,�wh_ch tion;�QO-z'ZO Gfo th6,'j asontliat
atthe'SoutlijldTovyIa11;5095j ndee�ned�erged th=- the�prog-oseduseisAi�iiscontinr�js • day ' lost as bee
Main a Soutliol �T 'York adjacept To ,re #i: based,''" ' ' r ...............
a of
9d' d'° .ew. theBii :'"r ° ;'r Q uednonconfQiining�.us-e inthis_lr
Ll'71,' oii THURSDAY'- SEP= iidang I p ctor Au sf. ,how-D.e i
,." ? e. ,�, „ R -4A its k Residential,
TEMBER ql- 98 4 1 97'Notice'of'' i a bval'` j •• 19.... �
atth,tunes. andr3:3c�rys:f:��lp,�'>?� �..s Districxaniiris."there€oi.iuoloi�ge%'
�.N :j., . u
nated'tiel0VY �o{`a� Soon't ermitted?iinless,{a ;yariance,is;„�
pj A Lo.4"604 fora, ance .J:,.gr
terasrpos�i e i,} �. ,,�< y.
t '� ' under, "� antedb the B at :o .
ArticleXXIV'' esti. n'100= L
lN 4 �_ , $ _� ocatiQn,o Prope{t}%;43.$, Router.
MAR%andIVACYFERRARIS° 244B'fFrpemussion. oc nfru 25 4'w ;
o ct' . C-aeenpo hear: t!Ianoii; 3.
dwellin �yvitlra,s,i °> , :...............................
.. ..
He�T1T1pcontiriued'frozn Aup�� `` ;deyardscbacl "Z`10,00 c C f - r ............. .
—+,--C; �qu .D^�t '.a r : ^t e, v. N1-y:iV.�!-�!;' J-:J�'Y..i,
.1 e= f :: mer. h�pf. ��,�,�� �.
99 s; �sr'atscl_"E.;. ,:iCrB. g Yj�, ta. � �k,,s�lrsta.4.-•<�.'.'<, PUbIIC
13,1' - f less `an gl�5',feetfrom. a ex ' Boardof
J i '� f 1St1I1 IO AZ's-., atsaid J
e line` lietvi+`een Tots . -pLY
g -P, P• m'', „�,,. _ toric
GDEPARIMENT #10 and: 1:' sho =thee sons"or" yes desito
`'f' BARBARA A SCHNEIDER
BUII:DIN This1' s wn''oi%
R ue 't'.ori : �.,represen
i a s s a',T.owm=Wide Nlap of Easte Shores Se tion `~ " ' { h d p �'� ARY PUBLIC, State of New York
q 2; oray9ffiativU lif F'axiaiice'foY or i7n t ' licahonsi'. No. 4806646
basis,:lour II;ITEi2PRETAM , _ des' s"ub ii ."Men:static;
ad'iistedlots`izes'o
si}timitte y the ild n ' De _ , me}�tslie ou tlig�end:ofeacli ea= A Qualified in Suffolk C
d ;li Bu g J. T. , a
P Y' of of Code'. 67 for duce'°tliesquar g _ ynq s far F Commission Expires 31/a
arfinentb its Direct r e f'oofa e " g;
Enfor 3 ,, Q ' ana lot width of I otY# 8, there
rncaemeut_aking r';qDe=< ' g"' able'""2 `
to t%n3gris eringthe, iieS�_ increasmg.ytli"e iior}c 3< ormin r or T
tion,?ges'cie Section==_ .Lot #67 foray='ft':cEnfo s; jlajlQg�I off'
a , ; �:( ar .set '' t 19 ;� ,( P,
100;25�. Land',Clearulg,,?RP1Y`tQ-7'30',e '<<,.: have questiins;;please do notliesi
vaoantriarid'iii all` onim 'D `s= p.[m:�A}p7PrzNo.'t460.6r,`.fa�Q
.J,'(�G.G:I ,.3:iFt1 :v.u.'.. Ali4A 1Y DY.,�^ 5 l,,D:_taWto_Ca11,7¢5�1•Tyi^..-::�::('i�i� ly3:jN(
fzicts*11),? THO1Vf' l�%lbi-M : 1 f�(1O
¢ a .:o`f'fi'f '1? - .. Tn L. at�dStV'"�; 17�7t.0_..0 �T+.
'J.f,t i• MAS M ` 1,... ��r,, <.�.. .'.±"y. BY RDERO i11G
6�4Q g:m' App: TVo::4592-}K. O.,Thi� is a'Requ"'est' fof,; _ p
ZACHA - t, a Van '' ua#''�
RIADIS. ;This is, "a e= mice iindeArtrcleIIT
t r }. 4 ,,;�H2OI:gTlJWN
qes11 qi~-;ld gIACO 'a fiiniieF�-N-Sec on l_OQ-239:4B for` miffs-, BQARb.,(�F ��j�•,,P��p (�
or. i[j )rlr.t* i.;' i• _'x.. Y tit. FAL S.
Article" Section` ,00 244$ :' 'sion to exteric ence'wl is oulci`lt + 7CE GpBFIIt1
' be at s the"� ri:;.. , Z.:.,,•z�
tau o le s than 75. feet fr
foab, g perri�i 'th iizing .. � •, ,..
the as • uilt �construction(-o£-a -. -bulkhead; or alon�tiiijhlie"ad' �}�=q,%3/98(277j;
>: .s•st ,+a k ,nf•;
deckadditi6n.atA-ni ii set-' 67G0GreatPecoiuc�Bay"Bodle= -
bi'61ofjess;tfiari` Ofeetfrotii<the vdrd,%a)u1 d4_ T.Fce1-:1000-
_: � ,,.::. • .. •
front .Prpperty
cher' --clem;Section.100 33'for - `'1:4Upin AppLNo.,4607;.JON r
permisMii; 9.cate` accessory SCHRIBER°AND'JANFsROSS:" �
swiumiiiiug.'poQliiiaiiatea,locafed Tlu's is a:Request fora Valiance a c.S
partly-'}},the`sde`yarcl; ;at`:1`6Q'. underiticlye; .Vircb�op_lU0
Little Deck` Ro d,' Cutcliogue; .. 244B autliozizing,:th�� y''dslbuilt"
NYPaicel1"00O-'03`5-2.2`.Pro raised brick terrace addition lo-
e ' Size " U 6
04 s eft', ".' "''" cated ori£a 19 476+. s '
�6 55�pm. App1Nq; "'f
coiifoiniin 'lotat'a:frdnt' 3aid'1
PATRICKIyIORTIIVIER` `Tf�is"is setlia
cckof.essthan35`=feetaLoE
a Regi est` Pp 'yaria ice oder, = - ation'ofPiopert i:=129yO1dHar`-;�I'
Azizc a;Xi�I, ,eetion �QO';239 `._ bor:Road ;Ctiitchogue WW
4B for:Y{a) a buildingpemuaus
F 66-1000417-340 ":.s4 A< 5 3`r
” tlionizing const{uc' on of iiii."a
t 1:50p m`App1.IVo:4598.JEFF'=?
bOIC!;shed and, a ssion.. r, "'y""
. 'p ri}u GOUB AUD: Thisis`a`Request:°`
E ... ---_
to,locate,'proposed::deck,_all!ata for VaiYancesiinder�inc�lelIIA't'
.se#back'oflpsstlian'75ifeetfrom.; Section=100-3'0A-?3, f;tlie�Bulk=r
tlie�biilkliea"dFat'3$95':Paradise . ' and'PaAdn So ed �
-Point Road; S uthol h ule,y =for'a •
"o d�(IaJY`�Par= g P~
.•proval,�oiaaot<azeasof23;638+=.
celi1Q00 $ `IFj-,- also- loiownas:-- ..sq.:. 7, this:proppp4subdixi-�.t
Lot'#10:"Qn'`ilie araiii et_Poinfr�'.sion N he R-401,Low-De#sity.;"�
SegtionI;:SubdivisionM Reside$tialZoneaestablisheclin
;'{#�;00 p:ice.tlppl Nos�600r-:-: Jaiivary1989' amuiiiniunc
LT;'EN ZIlVIMERMANOT-his is, r 1gtarea'of40;ocatiori i
`a''Requestor: a `Vanaixce=iincler _ .of Piop$rty:.Eaten g,from:the f,
-.Article�7lil; Seg tion 1.00=1.39.4B easfeil `;si a
faudSeC' ibW.1:0(p244B--forpe' niis ing:Road;sand 2950 F ne ka!
:§ionto;c9nstriicY�deck�addition' Road;SoutlioidNYPaxce>.1000;�H
with a setUack at•less tfi A 351feet - _70-10-37. (63 638:Q3
*•f. .. }.�J• K•
tlie'rear property- Te"ana . Y8:00; P:m;zti�}pL {No
less< n:75 feet.from`the buil . PAIMER'�III�IES�L (3iTliisis4 i.
Bead;'at 500''Soutfi1Larie'East Reclues<oir'auananc;iuider
`Mario i NY;Fardel:^1:000-3$`G=_ Anc�lel{I;;Sect om 100 31�`. 4-
r�'1Y1� s�:.fO rm]SS ontOCUIIS **�
:, ` � •:. : r r :.:. f _ rpe �..... tGtict".lM1�•lll�:.�,.
7:05 ppm.:,APpl:`No.4601' erybuiluig=and establisl%Wiij:A
ROBERT, & ANO:• This ' cry -Use on'_a 3 6I2f:acrepar6l" ;1
is a;Request for.'a:X�ariance under known; a 34995 aMains Road; rr
Atic le"XXIV; Sechoh100-2441A Cutchogiie; NX; i'aice1;10UA=5t7-::s
for'.permiss'iori46constructpro- 1-11A.""?7 , I:f ., jam
panps' eecx�`i.a"scti'adnicsce$ysoy :an- gN
ow`4on'aud altestion tom:Ap>
'' g'TO.BUILDING'INSPECUhfis1
�
w tlinoncQ forinin cottage use,. = a Request owa`,Town-Wiiie,ba _af
based�V theme1�%lay..28';' 1098 ; .sis:for. ari;1NTERERET ITIOIV
NoticeofL)isapproval: Location submitted; by the: --B' I
,of Property: 505 Pt. Pleasant ' ' spector fora Determination an
JQ-
/ () i cl
? /,?—: �) —
eo-Cr�.2 0. t,/) -k"-)
Town Hall, 53095 Main Road
P.O. Box 1179 y
Southold, New York 11971
MEMORANDUM
BUILDING DEPARTMENT `f
{r)
TOWN OF SOUTHOLD V�
I'
if
I1i�
Udll
TO: G. Goehringer, Chairman ZBA
FROM: E. Forrester, Building Departmen
DATE: July 17, 1998
RE: Request for interpretation
i
Fax(516)765-1823
Telephone (516) 765-1802
JUL
Respectfully request an interpretation of Town Zoning Code Sec 100-259. Land
Clearing.
!00-259 states that'... clearing, grading, cutting, grading, excavating, or tree
removal...' with certain exceptions, requires Site Plan approval.
An interpretation is required to determine if this section applies ail Zoning
Districts.
Y� e159-7 -vL �c/ `e- 1`r
OFFICE OF
ZONING BOARD OFAPPE'ALS
Southold Town Ha//
53095 Main Road
Southo/d, NY 11971
Intercom Ext. 224, 225 or 223
■ 0 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ! ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 0 0 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■
August 31, 1998 _
To: Building Department
Attn: Ed Forrester
Re: ZBA Application No. 4579 - Interpretation (Town -Wide Use)
Section 100-259 Land Clearing
Please find enclosed a copy of the Legal Notice regarding your request for an
Interpretation. You will note that the Board has advertised the request as a town -
wide general request for all zone districts. The public hearing will be held on
September 24, 1998 at 6:35 p.m. and Board members have requested your
attendance.
Thank you.
Very truly yours,
Office of the ZBA
Copy of Legal tice and Letter received for Building Department and Edward
Forrester, by: -- ---
Enclosure , AUG 31c�g, 1 i
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD .
TO: Southold Town Zoning Board .of Appeals
FROM: Elizabeth A. Neville
DATED: July 27, 1998
RE: Zoning Appea� No. 4597 Southold Building Department
Transmitted herewith is Zoning Appeal No. 4597 - Southold Town Building
Department submitted by Edward Forrester for an interpretation of Town
Zoning Code Sec 100-259, Land Clearing.
There is no fee charged for this application.
J
o�®gpfF01
ELIZABETH A. NEVILLEc
.c
Town Hall, 53095 Main Road
TOWN CLERK
y =
P.O. Box 1179
REGISTRAR OF VITAL STATISTICS
p
y
Southold, New York 11971
MARRIAGE OFFICER
��,(
Fax (516) 765-1823
�ao
Telephone (516) 765-1800
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD .
TO: Southold Town Zoning Board .of Appeals
FROM: Elizabeth A. Neville
DATED: July 27, 1998
RE: Zoning Appea� No. 4597 Southold Building Department
Transmitted herewith is Zoning Appeal No. 4597 - Southold Town Building
Department submitted by Edward Forrester for an interpretation of Town
Zoning Code Sec 100-259, Land Clearing.
There is no fee charged for this application.
J
DEPARTMENTAL MEMO
RECEIVE®
J U L 2 4 1999
Southold Town Qst
TO: Town Clerk's Office
FROM: Jerry Goehringer, ZBA Chairman
DATE:`7I-2 w 19?
SUBJECT: Assignment of Project Number of < d&v.a a; ti
According to the ZBA adopted rules of procedure, please. assign
Number to the above -referenced new submission. While the
documentatio may not be in complete form, it is assigned a number
for the purpose of commencing reviews. The documentation has not as
of today been accepted as a complete file by the assigned member.
A $ —®— check is attached (which is required by ,your office for
assignment of a project number). This number was assigned by our
office on -7 a3 (Projects are assigned chronologically.)
Thank you.
Attachment
OFFICE O-'
BOARD OF APPP.I S
SoutliolW-Yovv7z .Mall
53095Mai7i Road-
Sout,' Ol�.%V 1,, IIg,71
765-1809 ZD -A tel.
765-9064 ZD -A telefax.
MEMORANDUM
TO: Planning Board
FROM: Board of Appeals
DATE: September 17..19198
SUBJ: Preliminary Recommendations Planning/Zoning Projects
Re: Proposed Subdivision/W. Goubeaud 1000-70-10-37.
Our record shows that SEQRA has been coordinated by the P.B.
Recommendations or suggestions should be sent for the applicant
to consider before September 23rd. Thank you.
Re: Lieb Cellars (with Palmer) Proposed Winery 1000-97-1-11.4.
As an update to the file, Attorney Gail Wickham confirmed that Lieb
is in contract to purchase property from Palmer. Gail has indicated
she will be submitting more information at the hearing.
Re: Interpretation Request of Building Department — Generic/Town
Wide. Question: Does Section 100-259 — Land Clearing apply to
vacant land in all zones? Comments on prior actions by
Department(s) would be appreciated to show how projects have
been previously decided, and each Department's recommendations
should be submitted before September 24, 1998.
Re: Request to Reverse Decision of B.I./Interpretation 1000-35-5-4
Schroeder Property, Main Road, East Marion (near Greenport)
This is a carryover from July meeting and comments may be
submitted until September 24, 1998 (hearing date).
Thank you.
Aa: leo P8. �o� w���°°� ^Isly�
0�
9
07ACT O-'
BOARD OF APPEALS
Southold 9'oi,vn Haff
_ _5.3o95 Main Road
SOUL 01�-Ny IIgJl
765-18og ZBA tel.
765-9064 ZDA to Cefax.
MEMORANDUM
TO: E. Forrester, Building Department
FROM: J. Goehringer, ZBA Chairman
DATE: September 16, 1998
SUBJ: Requests for Generic Interpretations
We would appreciate the information outlined on the attached
questionnaire be furnished with requests for Interpretations. Thank you.
c
REQUEST FOR
GENERIC INTERPRETATION
The following information is requested at time of submitting an official
Request for a Generic Interpretation. Once the application has been
reviewed and calendared by the Board, a Notice of the Public Hearing
will be published and Notice will be provided for attendance by you or
representative at the hearing.
(Note: Appeals for an Interpretation specific to a single project or
landowner are not generic and would follow the procedural rules of the
ZBA and New York Town Law.)
A. Name of Building Inspector or other Official making Request for
Interpretation: .
B. Give entire Provision of Code Section and Sub -Section, for example:
100-31C. (Please do not give in part.)
C. Describe how the Code Provision is unclear or vague, and the specific
question or inquiry. (Attach sheet, if necessary.)
D, please give similar example(s) from prior town records (same Code).
Please provide Permit #, or photocopy.
E. If Code Provision does not apply to all zones, please give Zone District
applicable to this Interpretation request.
F. If property size applies to your request, please furnish: sf.
G. Other:
Unless otherwise noted in the Interpretation request, the proposal would be treated
as "new construction or new use" rather than an existing nonconforming setsback or
use.'
Dated:
(Signature)
9/16/98
DEPARTMENTAL MEMO
TO: Town Clerk's -Office
FROM: Jerry Goehringer, ZBA Chairman
DATE: -7 IQ Lt 19e
SUBJECT: Assignment of Project Number of
According to the ZBA adopted rules of procedure, please assign
Number !!8M to the above -referenced new submission. While the
documentation may not be in complete form, it is assigned a number
for the purpose of commencing reviews. The documentation has not as
of today been accepted as a complete file by the assigned member.
A $ --D- check is attached (which is required by your office for
assignment of a project number). This number was assigned by our
office on a3C1 (Projects are assigned chronologically.)
Thank you.
Attachment
EDWARD FORRESTER
Director of Code Enforcement
C= Gyl
CIO 2
1 •
BUILDING DEPARTMENT
TOWN OF SOUTHOLD
MEMORANDUM
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telepl}one:(5,t_b),7k5; 1.802
SEP - 2 i,, 8
TO: BUILDING DEPARTMENT INSPECTORS AND STAFF
FROM: EDWARD FORRESTER, BUILDING DEPARTMENT HEAD
DATE: AUGUST 31, 1998
The goal of this office is to achieve fair, firm and consistent application and
enforcement of the Town Code in a timely fashion to best serve the citizens of
the Town of Southold.
To help achieve the Building Department's goal, the following will apply:
• Building Inspectors' daily work assignments and routines will be assigned
and/or established by the Department Head.
• Clerical staff routines and daily assignments will be assigned and/or
established by the Administrative Assistant.
• Questions regarding the application and/or interpretation and/or enforcement
of the Town Code will be directed to the Department Head.
• Requests for interpretation from the ZBA will be made by the Department
Head.
• Regarding: Stop Work Orders, Orders to Remedy and Appearance Tickets -
Building Inspectors must first notify the Department Head prior to issuance of
the above except in emergency situations. In emergency situations, the
Department Head will be notified as soon as possible after the issuance of
any of the above.
• Call -ins for sick time will be made to the Department Head.
cc: Town AttorneOZBA. own Board