HomeMy WebLinkAbout4609
· APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Homing
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
ME~- ~ ~NG OF MARCH 4, 1999
Appl. No. 4609 - MARY MURPHY PARCEL 1000-73-2-3.3
STREET & LOCALITY: 9206 (ROW off ) Bridge Lane, Cutchogue
DATE OF PUBLIC HEARING: January 21, 1999
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The subject propeAy is a vacant 41,419 sq. ff. parcel
fronting along the Long Island Sound in Cutchogue. the setback from the front property line to
the top of the bluff is shown by the surveyo[ to be approximately 127 feet. Access to the subject
parcel is over a private right-of-way which extends from the northerly end of Oregon Road.
BASIS OF APPEAL: The Building Inspector's August 14, 1998 Notice of Disapproval, under
Artide XXIII, Section 100-239.4 due to the setback at less than 100 feet from the top of the bluff
on Long Island Sound. (No other reasons for variances are noted in the Notice of Disapproval.)
AREA VARIANCE RELIEF REOUESTED: Applicant is requesting permission to locate a
proposed dwelling with a setback at 42 feet at its closest point to the top of the bluff determined
by John C. Ehlers, Land Surveyor on a survey map last-dated 4-27-98. The footprint of the
proposed dwelling is shown to be 60 ft. wide by 40 ft. deep with a setback from the front property
line at 50 feet.
INFORMATION AND EVIDENCE:
The Zoning Board held a public headng on this matter on 3anuary 21, 1999 at which time written
and oral testimony was presented. Based upon all the testimony, documentation and other
evidence, the Zoning Board finds the following findings of facts to be true and relevant:
1. Applicant seeks permission to construct a house 42 feet at the closest point from the top of the
bluff, with a 50-foot front yard setback from a pdvate right-of-way known as Bridge Lane
Extension.
2. Suffolk County Soil and Water Conservation conducted a site inspection of the properly, and in
an October 16, 1998 letter to the Board of Appeals stated:
'the edge of the bluff top is unstable."
Page 2 - March 4, 1999
Appl. No. 4609:'1000-73-2-3,3 (Murphy)
Southold Town Board of Appeals
"there is no Toe Stabilization or lip stabilization present on this Iot...The bluff face is mostly
bare...and rills or small gullies are on the bluff face, most likely due to the loamier soils
sloughing off from above, eroded by each rainfall...."
3. The Soil and Water Conservation District recommended that the toe of the bluff be stabilized
and suggested that 'the size of the house be decreased and/or placed closer to the right-of-way
road."
4. Steve Maresca of Maresca Associates, an engineer and coastal expert, submitted photos of the
bluff area and testified that the slope of the bluff is steep, 77 feet high and subject to "active
erosion" which would "spread to the west and to the east affecting the neighbor" unless vegetation
was installed on the slope and bluff and a bulkhead installed. He also testified that heaw
machinery and equipment could further undermine the bluff area.
5. By way of attorney, applicant agreed to reduce the front yard setback from 50 feet to 36 feet in
order to locate the proposed house further back from the bluff.
6. In considering this application, the Board finds that the relief requested in NOT the minimum
necessary and adequate to preserve the protect the character of the neighborhood, and the
health, safety and welfare of the community.
REASONS FOR BOARD ACTION, DESCRIBED BELOW:
1. Grant of alternative setback variances will not produce an undesirable change in character of
neighborhood or a detriment to nearby properties because the reduction in front yard setback will
increase the setback from sensitive bluff area from 42 feet to 6! feet. No evidence was presented
to suggest that it would affect the private right-of-way.
2. The benefit sought by the applicant can not be achieved by some method, feasible for
appellant to pursue, other than variances, because the Town Code requires a 50-foot front yard
setback, and a 100-foot setback from the top of a bluff, which leaves a small building envelope to
construct a dwelling on this property.
3. The variances are substantial in relation to the code requirement.
4. The alleged difficulty has been self-created in part due to the large size of house the applicant
originally proposed, but the difficulty is also related to nature of the property, its slope and
contours, and the limited building envelope on which to build a house.
5. The proposed variances will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district because the proposed dwelling wilt be set
Page 3 - Hatch 4, 1999
Appl. No. 4609:1000-73~2-3.3 (Murphy)
Southold Town Board of Appeals
back much further from the top of the bluff from houses to the east and west of this property
which will help prevent erosion of the entire bluff area.
RESOLUTZON/ACT[ON: Therefore, on motion by Member Tortora, seconded by Member Collins, it
was
RESOLVED, to GRANT the followinq minimum Alternative Relief:
A. The proposed dwelling shall be set back 61 feet at its closest point from the top of the
bluff; and
B. The proposed dwelling shall be set beck 35 feet from the front yard property line,
SUB.1ECT TO THE FOLLOWING CONDTI-/ONS:
1. The Applicant shall comply ~ith the recommendations of the Soil and Water
Conservation District with respect to the stabilization of the toe and the face of the bluff, as
outlined in its October 16, 1998 letter to the Board of Appeals.
2. There shall be a Restrictive Buffer placed on the entire 61 ft. seaward side of the
dwelling to prevent disturbance of the land between the top of the bluff and the house. The
"RESTR/CT/VE BUFFER" shall begin at the house location and towards the bluff and:
a. No trees or brush shall be removed, except that dead or fully rotted trees or
stumps may be removed if necessary by hand. No heavy machinery or equipment shall be
used. Applicant shall obtain approval of other agencies having jurisdiction of these areas
before removal of any trees, stumps, etc.
b. Ground cover brush may be removed between the house and half-point mark of
rear yard, or a rear yard setback of 30 feet from the top of the bluff towards house,
whichever is more restrictive.
c. Grass or ground cover can replace brush to an extent of no more than 30 feet
seaward of the house, or half of the rear yard area of the house, whichever is more
restrictive. Replacement of ground cover may not be altered with anything more than a
hand-held self-propelled Rototiller. This machine may not penetrate the surface of
exi~ng grade any more than six (6'7 inches. Replacement of soil by heaw machinery is
prohibited. Existing grade must be maintained.
d. At no time may owner-applicant-contract vendee or others alter or remove
existing ground cover seaward of dwelling within 30 ft. buffer. (This Is the area that is
adjacent or contiguous to lip of bluff.) This area must be maintained at all times.
Page 4 - March 4, 1999
Appl. No. 4609:1000-73-2-3.3 (Murphy)
Southold Town Board of Appeals
e. At no time are any buildings or structures permitted within the 61 ft. rear yard
(land between the house and the bluff).
VOTE OF THE BOARD:
Fishers Island was absent-excused.) This Resolution was duly adopted (4-0).
'" "" For Filing 3/10/99
GOEHRINGER, DINIZIO, TORTORA, COLLINS. (Member Horning of
4~]di~g In.~ecto~'s Oc~obc~
~ 998 Nofi~ of D~proval
(~r a b~ ~i) ~cle
,~ ~ S~o~1~0~3, ~ Con-
~t'y~d ~Ck at'l~ than
P~o~c, ~; Pmcel 1 ~-98- 2-
,~ ~~ 16~. '
:~;~Y~I;I~ _ 7:05 p.m. Appl. No. 4~4-
N~~Y~, ~ ~are-
~a~ ;.~ Sec~n 267 of ~e quest for a V~ee b~ u~n
~w.~d ~ ~de of~e ~e B~g ~pectofs No~ce
To~U~ol~ ~ foHo~g ofD~pproval ~dNovem~r
.a~~f~pu~ 20, 1998(forabufl~0,
~_~b~ ~ ~ ~cle ~, Seefiun 1~30A.3,
~~ OF ~PEALS, for approvfl of ~ "~ b~t'~ en-
a~To~53~5 ~ itoop ad~on wi~ a side
~~ ~wYork y~d setback at less ~ ~e
ll~i~ q~ 15 fe~ at 1395 Sle~y
~ ~n ~ ~ ~11~7~1-I0.20;~o~
_..~ AppL.Ho. 4627- HoHow, F~No. 6351'.
~A-~.~ AND, BARBA'RA 7:10 p.m. Appl. No.,4621-
. ~-~a~t f~ RENEE PONCET. Contract
~~,.~nl~ ~'~ a r~u~t for a V~ce,
~~.:B~g. based .Upon the Building
~s'S~t~ 10, 1~ ~gsAu~t26, I~8
No~fD~pprov~ for a ~ fi~ of D~ppmvfl (for a
~d~ (~d 0r ag~t),~ ~, ~o,
50~~p~., ~y dwe~a~nt~
~gf~o~: 265 P~k set back at less ~ 35 feet, at
P~.~I~;~; P~el ~ ' 702 Wigg~ ~e, Greenpo~
1~4;~ ~ ~t~ ~' ~; 1~3~20.
~n~.. SDUTHOLD TOWN PLAN-
~,~ ~. ~G BOA~ bv B. Orl0wski
. ': - ~s ~ ~ Application for
tu~ fgr~V~e.~&r ~e ~te~remfion, requested by ~e
~;~o&, b~d upon ~e Planning Board, to consider
B~g ~g ~t 7, whe~er or not ad~fional rubles
1~8 ~D~p~ov~ ~d ~d a se~ke ~ea for aleoholik
~/~Onl~2~B beverages are accessory to a
for apm~s~ &ck a~ched to fotd se~ke, as dete~ed by
~offo~gdwe~- ~e Build~g Dep~ent ~
~g ~'~u~d ~nt y~d Nov~ 4, l~8~t~fon
siftS(ri350 Bailie=Beach (reft Site PI~ APplication.of
~~'..~ P~!Cel TF~ Acquisition Corp.
,~T.9.. tD o~o~ms~ at ~ Road
6.~-p.~ A~I. No. 4650- ~n~.p, ll~f-~-
~ · ~*n~a~ .~.. 1~)~ ~e. dete~inatiun of the,
~.=~'a~,. B~g Dep~nt states ~at
~ ~ ~,. ,~e ~la~ed renovation calls
~t~2~Bn~4~' for aadifiunal ~bles ~d a ser-
~ ~for~ei~t set- vice ~ for alcoholic ~vemves
baeE;~'~e ~ y~d b~ed ace~sso~ to ~e food se~i~e,
u~n ~e,~g~peetor's ~e area ~volved ~d number
~ l~SNo~of~ of tables ~e ma~ers vou
approv~ i~d ne~ ~on have to eo~ider wh~ revi~w-
~P~No.~52'l- ~ ~ ~roieet. ~e ~e i~ ~r-
z,.at'~]0.Kenney~s Road, ~d~-~e~ne~dtet~.
~o~ P~ I~5-23. soft ~ee 0f alcoholic ~v~-
~0~~n~fiun): ages ~ eo~on to
~~l~32for Tais includes a possible
~~d~k TO~,~& ~fion~der
00.1.
~e~&g Resm~an~ ancot
~'~ ~'~" ~ of~.Tg~ of Sou~old.
' 6~0~o ~2~ ~
~a N0V~ 17, l~SNo~
~.ai:~.~, ~e~ . A~i 14; 1998 Hofice 0fD~-
~[~ ~[.a~~0, fdi~i~ssio~'t0 ioea~e neTM
~~on-3~3~.4, dw~ ~ a~ack at less
~?i~ ~ff~n~g ~ 1~ feet ~m me top
~ mca oy me ~omng pfiYa~ fi~t-of-way extended
co~,'..:at 520 Oak Drive, ~ofB~e~e,w~-
~p~-~;~l 1~8~2- ~~B~e~,
~~~l~ ~:10 ~.m. k~l No 4~.
ci.~ n z'~ xms~sai~e-
quest for a Valise under New
York Town La~lection 28.0-A
and See~on 1~-235A of &e
~g ~e, ~d ~e B~g
Inspector's Nofi~ ;0f Disav-
l~g ~e mini~
don ~, for ~e ~d suf-
ficienta~ for ~ency ~d
o&~ ve~el~ to ~vefover
i~ ~f-way, ex~g
no~et~-o~&e no~ side of
Peco&e~ay Boul~d, La~el,
over l~d identified ~ Dis~ct
1000, Section 127, Bl~k 8, Lot
17.3 to ~e applic~fs yacht lot
(proposed for single-family
dwelling use), ~own as 430
Diach~ Ro~ M~el, ~; Dis-
~ct 1 ~0, Section 127, Block 3,
~t 10.
~e Bo~d of Aprils will at
said ~ ~d place ~ ~y ~d
all perso~ or r~resentafives
des~g to ~ heard or des~g
to sub~t ~nen smt~en~ be-
fore &e end of ~e above hear-
~g. ~e he~g ~H not sm~
e~her ~ ~si~. Files ~e
avai~ble for review d~g
M To~ HaH b~s ho~s (8-
4 p.m.). If you have'question,
pl~e ~ not h~i~ ~ ~ 765-'
1~.
Dasd: D~r 30, 1998
BY O~ OF
' SO~O~
BO~ OF
G~ P. ~G~
By Lm~ Kowal~.
~md Clerk
:OLK
2)RK ss:
being duly sworn, says tha
n Coordinator, of the TRAk'
· a public newspaper printe(
)lk County; and that the no
~nnexed is a printed cop~
1X-1/7/99(1 l)'
in said Traveler Watchma~
once each week for
/
........................................................................ weeks
successively, comm / fing on the ..... ..........
......... ............
................... ..........
...........
Notary ublic
~RBA~ ~ ~HNBD~
~TARY NBUC, ~m of New Y~
No. ~0~
Quafif~d iD SuffNk ~ ~
PlUG 17 ~g8 10:1~ TONN~SOUTHOLD
FORHRO. 3
P.1×1
.TO~ OF
BUILDING
NOTICE O[ DISAPPROVAL
CIATE: qqgqq~. I.~,. 1.9.98
To .Son~a Hanna for )lary Nurphy
F o Box 1036
Southoid li~ llg/I
PLEASE TAI~ NOTICE thac your applicaciou dated .Juoe. JScb .......... 19.~.
9206 fi~i~ ~,~e Cutcho~
~on o~ ~to~gty .......................
House No. Street ~leC
~uc~*~ ~9 No. I~ - ~ecCion .~ ........ B~ . 2 .. ~T 3.3
Subd~v~sioa ............................... F~led ~p No .......... ~C ~o
is retu~ed her~ith a~ disapproved o~ the roll'in8 grou~s ~P. PFP~P~ ...........
~u an ~0 Zm is requlred to ~ setback ao leas than I~' fr~. the top -'.
o~ :he bluff oo ~ng Island ~ued ~rsuant to ~t~cle ~III 1~239.6
aY 1/80
FORH NO. ]
'TOIgN OF SOUTHOLD
BUILDING DEPARTHENT
TOWN BALL
SOUTHOLD, N.Y. 1197l
TEL: 765-1802
Examined ................. , 19 ....
Apptuv~l ................. , 19.'... Permit No .................
Disapproved a/c ..................................
BOARD OF HEALTll ...............
SETS OF PLANS ...............
SURVEY ........................
CHECK .........................
SEPTIC FORN ...................
NOTIFY:
CALL ..................
HAIL TO: ...................
· (Building Inspector)
APPLICATION FOR BUILDING PERIfflT
INSTRUCTIONS
a. This application m~st be c~Pletely filled in by tTpa~riter or in ink ~ sul~itted to the Building Inspector ~
3 nets of plus, accurate plot plon to scale. Fee according to schedule.
b. Plot plon sho~fog location of lot and of buildings on pro,tines, relationship to adjoining piu,dsas or public
streets or areas, and giving a detailed description of layout of property raj.st I~ dr~m on the diagran ~hich is part of
this application.
c. ~ *amOt co.red by this application my not be cu~i~nced before ism of Building Pemit.
d. UlXm ~vlJ, u~al of this application, the Bu{lding Inspector will issue a Building Pemit to the applicant. Such
permit shall be k~pt on the l>,~";nes available for inspection thrr~agbeut the ~ork.
e. No building shall be occupied or ~ in ~,iaole or in part for ~y Iaaa-pane OaLever ontil a Certificate of
APPLICATION IS }£~lff ~ to the Building Depart~nt for the ism of a Building Permit purs~nt to the
Building Zone Ordinate of the To~u of Sonthold, Suffolk Coonty, Ney York, and other applicable La~, Ordimmces or
Regulations, for the construction of buildings, additions or alterations, or for r~,,~al or demolition, as herein
described. Th~ applicant agrees to .~,l,ly with all applicable la~s, ordir~2es, building code, lx~asing code, and
regulations, and to ad. it autl~rir~,d inspectors on p~.,,,ines a~fl in building for necessary inspections.
, ....................
app , or na~, if a corporation)
,47 . . ./4£?/.
........ '.': ......... >' ....... ' ~" '2' .......
(lta~hng address of apph¢ont)
r ~' ~is ~er, lessee, agent, architect, engineer, general contractor, electrician, plmber or builde
State ~the leon
............ .~../ff.~q ......................
~ of o~er of p~nes .. ~ ...................... ~ ...............................
(as o~ [he tax rol! or latest deed) ....................
If applicant is a coqx~t-atlo., sJgna~are of duly authoriv~d officer.
(Rare and title of corl~orate officer)
Builders License NO ..........................
Pltmbers Lieenne I~o ..........................
Electrlcla~t~ I.{~a~.~ ~_~ ~ .....................
Other Trade's License ~ .....................
I. ~tim of 1~ ~ ~i~ p~u~ ~ will ~ ~ .................... : .......... :.<..'.; ;r;..;..:.'=~.; :~ ?';'
1~ ~r St~t ~tet ~
...... f~ '...1~ ~~ .........................
(~) t ........ ~ ........................
2. State ~sti~ ~ ~ m~ o[ pi~,d~s ~ int~ ~ ~ ~ o[ t,,~ mtxtim:
..................................
Relm ir ............ IO. maval ............. Den~l it ion ............ Otlmr I~ork
6. Esti,~t~ ~st . ~. ....... f~ ..............................................
(to ~ ~id ~ filing this a~li~ti~)
5. If tk~lli~, ~,tmr of ~lli~g ~mits ..... /. .... t~l~r of t~lling tmits cx~ e~ H~r ................
]f garage, t~r of ~rs .... ~ .........................
6. If I~si~ss, ~rcial or ~ ~, s~ci~ ~ture ~ ~tent of ead~ ~ of ~..
7. Uinensi~s of ~isti~ st~re$, if ~y: ~t ..... ~ ........ ~ar .... ~ ........ ~pth ..... :.~ ........
l~i~t ......................... ~r of Stories ......................
Din~nsi~ of ~m stng~re vith alteratims or ~iti~s: Fret ............... ~ar ...............
~pth ............ '...' ..... I~i~t ....... ~ .......... Ksd~r of Stories ...............
~. Di,,ensia~ of entire ~ ~stxtia,: Fret .... ~ ...... ~ar ...~.~ ..... ~p~, ... ~ ....
Il. ~ or ~ district in ~ddl pr~i~s a~ siMt~ ..... ~Z~ ................... ' ...................
12. ~s pro~ ~mt~ti~ violate a,W ~i~ 1~, o~li~me or regularly: ~/Zf~~e ~& ~
13. gill lot ~ regr~ ........ ~ .... ~:. gill ~ess fill ~ r~ ~ pr~i~s: ~ ~/~ ,
oe ...... .............. ..... ..........
~ of C~tr~tor ................................... M~reaa ............................... I~ ~ ..........
PI,OT D f ^C,R~H
l~cate ¢lear]y m~d dlatinetly all L~ildinga, ~hetlmr existing or pro~, ~ i~i~te ail ~t-~ di~nsi~s
~u prol~rey lines. Oi~ st~t ~ bl~ ~r or ~ripti~ ~ing to ~, ~ ~ strut ~s mi i~li~te
td~tlmr interior or ~r lot. . .
t
(r~J~ ot ii~Atvzotmt slgnJllg 50~ltract) ---~-:--i-~ .....
(~mtractor, agent, cor~arate officer, etc.)
of maid ~r or ~-ers, ;u~ ia (kdy ~atl~ri~ to ~rfonn or h~¢~ l~rforn~l tim ~id ~rk :u~] to nnke afxl file lids
al~dlcatiCm; Umt all srat~mnts ccmtai~ in th~s nl~licathm nrc
that :l~ ~rk ~ill le ~rfon~ in tl~ ~m~er ~t forth in the a~licati.~ fil~
~m to I~fure ~m this _ ~.. ~
........ ..... ..... ....
''
TOWN OF SOUTHOLD, NI~V YOItK
APPEAL FROM DECISION OF BUILDI~IG INSPECTOR
LUg 1 8 JDgD APPEL NO,
, DATE ~.~4 ~.
· o
........................ · ~ ......... ~.~' ............................................ ~(.,~.(~..H~REBY APPEL TO
Municipality
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ..~,J'~./,~'.~.~.~-,~..~+.L.~..~..~..
WHEREBY THE BUILDING INSPECTOR DENIED TO
....... , ......................... ~ ..................... ~..~..~ ~
Nome of Applicant for permit
Street and Number MuniCipality ' State
() PERMIT TO USE
( ) PERMIT FOR ~CUPANCY
1. LOCATION OF THE PROPERTY ............ ._. ...... ;:,....~ ..c~'.....,...~ ............... .~.~. .......................
5treat /Hamlel: / Use District on Zoning Mop
District 1000 Section~'~ Block.2- Lot3,~. .
.................................................................................. ~,urren: Owner m/e,1/~/~,,/~2,'~,~F~jx
Mop No. Lot No. Prior Owner. ]~?/-/~//~ ~---~u///-')/
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)(~lll Section lO0 -~-3~/' ~'~
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(~/' A VARIANCE to the Zoning Ordinance or Zoning Mop
( ) A VARIANCE due to lack of access (State of New York Town Law Chop, 62 Cons. Laws
Art. 16 Sec, 280A Subsection 3
()
4. PREVIOUS APPEAL A previous appeal (has) (has not) been made wlth respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for o special permit
( ) request for a variance
and was mode in Appeal No ....... ..,/~/.~.. ................... Doted ./J~/'( .
REASON FOR APPEAL
) A Variance to Section 280A Subsection 3
J~) A Variance to the Zoning Ordinance
)
~s requested for the reason that
Form
REASON FOR APPEAL
Continued
I. STRICT APPLICATION OF THE ORDINANCE woul~ prod.)~e practical difficulties or unneces-
sary HARDSHIP because
2. The hardship created is UNIQUE and is not shared by oll properties alike in the immediate
vicinity of this property and in this use district because
3. The Variance would observe lhe spirit of the Ordinance and WOULD NOT CHANGE THE
CH^R^CTER OF THE DISTRICT because
STATE OF NEW YORK
COUNTY OF ~/'
SS
Signature
,Sworn lo this ...................................... : ..... dc~y of ........................................................ 19
Notary Public
REASONS FOR AREA VARIANCE ONLY (to be completed by applicant):
Do not use these standards for "use variance" or "special
exception." (Also attach sheets if necessary, with signatures.)
1. An undesirable change will NOT be produced in the character of
the neighborhood or a detriment to nearby properties, if granted
BECAUSE:
Ail of the other 3 properties in section 73/block 2
have similar building areas.
2. The benefit sought by the applicant CANNOT be achieved by some
method, feasible for the applicant to pursue, other than an area .'
variance BECAUSE:
On the Eastern boundary there are only 141 feet from
the road to the bluff.
3. The amount of relief requested is not'substantial BECAUSE
The other two houses (73/2/3.1) and (73/2/1)have a
35 foot setback and a 25 foot setback
4. The variance will NOT have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district
BECAUSE
The buildable area is quite sufficient for an attractive
house and landscaping compatible with the other houses.
5. Has the alleged difficulty been self-created?
( ) Yes.
(
6. This is the minimum that is necessary and adequate, and at the
same time preserve and protect the character of the neighborhood and
the health, safety and welfare of the community.
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
Sworn to before me this
zxt!k/fo~-m, var/temp
Agent must attach written consent from owner.
.... TO~vN. OF SOUTHOLD Pk,3PERTY RECORD CARD ~ ;22..
~U~ '/ ~O~, ~' S W ~PE OF BUILDING
:S. ~ / { S~S. VL. ¢ FARM CO~. CB. MICS. Mkt. Value
~ND IMP. TOTAL , DATE R~RKS
ladle FRONTAGE ON WATER
~land FRONTAGE ON ROAD
~ad~l~d DEPTH
,u~ Plot BULKH~D
t,,tB ~,'2B'O3'E
PLEAS~ NOTE
Sanitary is not to be
placed weway a~ea.
~o~ ~?¢~¢ ~' MINO~ 5UBPlVlSION
HEALTH ¢)E PAP. TN1E NT
APR 8 ? 1~ Hs.~
: S]FRVIC~S
tFORA
FOR MAXIMUM OF __
EXPIP. F.S TKREE YEARS FROM DATE OP !
SEPTIC, DETAIL
75,0
GRAPHZC SCALE l"= 60'
,~_ ?_~ .....
%
/
Pursuant to Article X/V of the Suffolk County Axlninistrative Code, The
Board of Appeals of the Town of SouthDld, Now York, hereby refers the following
to the Suffolk County Planning Ccnnlission:
Variance from the Zoning Code, Article XXIII
, Section 100-239.4
Variance from Determination of Southold Town Building Inspector
__Special Exception, Article
, Section
__ Special Permit
/
Appeal No: 460g ^pplicant:
Location of Affected Land:
County lax gap Item No.:
Within 500 feet of:
Mary Elizabeth Murphy
9206 Bridge La., Cutchogue,
1000-73-2-3.3
NY
· Town or Village Boundary Line
Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, State or Federally Owned Land
Boundary of Existing or Proposed County, State or Federal Park or other
Recreation Area
Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by
the County or for which the County has established Channel Lines, or
Comments.'
Within One Mile of a Nuclear Power Plant
Within One Mile of an Airport
Applicant is requesting permission.to construct
dwellin~ within
100' of bluff.
Copies of Town file and related documents enclosed for your
Dated: ~,~ 1998
review.
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Homing
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
March 10, 1999
Richard F. Lark, Esq.
Box 973
Cutchogue, NY 11935
Re: Appl. No. 4609 - Setback Variance (Murphy)
Dear Mr. Lark:
Enclosed please find a copy of the Appeals Board's determination which
granted alternative setbacks for a proposed dwelling, with conditions, issued on
March 4, 1999. A copy of this determination has been furnished to the Building
Department for their permanent files and update. Please be sure that the
applicant is aware that other approvals will be necessary before commencing any
construction activities related to a new dwelling.
Very truly yours,
Enclosure
Copy of Decision to:
Building Department
Town Clerk 3/10/99
Ms. Sonya Hagna
P.O. Box 1036
Southold, NY 11971
Linda Kowalski
Board Secretary
Page 2 - October 7, 1998
: M. Murphy Parcel 1000-73-2-3.3 - Y
uthold Town Board of Appeals
'~\~// Riverhead, NY 11901-2100). This organization is non-profit County agency
~ and is extremely helpful for erosion control and bluff stabilization
recommendations.
Upon receipt of the above, the Board expects to calendar this hearing for the
next available date with adequate notices as required by Chapter 58 of the Code.
When recommendations are received by us from the Suffolk County Soil and Water
District, we will notify you. Thank you.
GERARD P. GOEHR~NGER
CHATRMAN
BOARD OF APPEA £S
765-18o9 ZBA tel
7~5-9o64 ZBA telefax.
October 7, 1998
Ms. Mary E. Murphy
25 East 10th St.
New York, NY 10003
Re: Variances - Location of New Dwelling 1000-73-2-3.3
Dear Ms. Murphy:
A site visit was made recently, as part of the application process. The above
application has been requested by Board Members, before sending notices out to
you for a public hearing date:
1) Updated certification from a surveyor or engineer confirming:
a) the date of the surveyor's field visit when the setbacks were
noted on the November 1997 survey (amended 4-27-98); and whether or
not there has been erosion in his opinion since that site visit;
b) that a surveyor or engineer will be placing a marker at a stable
ground area and re-measure the setback (if different from the original survey
setback) to the proposed dwelling location at its closest point.
2) Photograph(s) from the beach area, viewing the bluff areas of this
property and adjoining properties;
3) Request for evaluation regarding measures to stabilize the present
erosion and other suggestions from the Suffolk County Soil & Water
Conservation District (which office may be contacted also by the owner at
727-2315, or visiting Room N-210, Suffolk County Center, 2nd Floor,
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
In the Matter of the Application of :
MARY ELIZABETH MURPHY :
(SCTM 1000-73-2-3.3)
:
AFFIDAVIT
STATE OF NEW YORK )
: SS.:
COUNTY OF SUFFOLK )
STEVEN L. MARESCA, being duly sworn, deposes and says:
1. That he is a professional engineer licensed in the
State of New York and elsewhere, that he has been retained as a
consulting engineer by Mary W. Peacock, the owner of the
residence immediately east of and contiguous with the premises
which are the subject of this application, and he makes this
affidavit as part of the record of the application for relief
from Town Code Section 100-239.4(A)(1) requiring that all
buildings adjacent the Long Island Sound be set back not fewer
than 100 feet from the top of the bluff.
2. Attached is a copy of my Curriculum Vitae.
3. Your deponent inspected the subject premises on
January 20, 1999. At the time of that inspection, your deponent
observed the following conditions:
a. the north face of the entire bluff is
essentially without vegetation;
b. the bluff does not have a bulkhead;
c. the sand at the base of the bluff is newly
deposited and in fact has not yet been impacted by a
high tide; this sand has fallen recently from the mid
and upper portions of the north face of this bluff;
d. the bluff has numerous horizontal cracks from
one side to the other;
e. the bluff has numerous vertical rills (small
gullies) running from near the top of the slope to the
bottom or toe of the bluff;
f. the roots of all of the trees at the crest or
top are exposed;
g. the top of the bluff in some areas is vertical
and in other areas is concave; in no areas has the
bluff crest achieved a natural angle of repose; and
h. scour or toe erosion is evident at the east
side of the Murphy bluff immediately adjacent to and
then within the Peacock property line and immediately
landward of the west return on the Peacock bulkhead.
4. From the above conditions the following conclusions
may be reached:
a. the bluff at the present time is actively
eroding;
b. the present erosion is not limited to the toe
or the top of the slope, but instead includes the full
vertical dimension of the slope;
c. the erosion begins at the easternmost portion
2
of the subject slope following a line from the bottom
to the top roughly corresponding to the western edge of
the Peacock bulkhead; stated differently, the erosion
on the Murphy bluff does not yet exist on the Peacock
bluff excepting as noted in paragraph 3(h) above;
d. the erosion is most severe on the east side of
the Murphy bluff;
e. the erosion will continue to cause the top of
the slope to move landward. As noted above, none of
the top of the slope maintains a natural angle of
repose. All of the top of the slope is either vertical
or concave. Vertical and concave conditions at the top
of the slope are unnatural and cannot be maintained
even if the top of the slope is left undisturbed.
Stated differently, even without disturbance incident
to construction, the top of the slope on the Murphy
parcel will continue to move landward;
f. as the top of the Murphy slope moves landward
seeking to achieve a natural angle of repose, the
erosion will move east to the Peacock parcel as it has
already moved west to the adjacent vacant parcel;
g. the introduction of a bulkhead will avoid the
continued erosion at the toe of the slope, but the same
bulkhead will have no beneficial engineering effect on
the present top of the slope since the slope is
actively eroding and all of the upland conditions of
the top of the slope, including the exposed roots which
exacerbate the erosion, are unrelated to the
introduction of a bulkhead;
h. the introduction of terracing as now appears
in some areas on the east side of the Peacock bluff
would not at this time under the present conditions of
the Murphy bluff assist in remedying the present
erosion on the Murphy bluff. The reason is that the
bluff is actively eroding at the present time, the
natural angle of repose has not been reached and the
top must move further landward after a bulkhead is
introduced at the toe before terracing would have any
beneficial effect; and
i. the Murphy bluff shows all the indicia of a
major structural failure about to occur that has not
yet occurred, but will certainly occur. The failure
will occur because the bluff is so unstable, but the
failure will occur more dramatically and more quickly
if an additional element such as a heavy rainfall or a
coastal storm or construction activity atop the
landward portion of this property should occur.
5. Construction activity on the upland portion of the
Murphy parcel introduces the following elements:
a. proximity of the activity: there is
insufficient space between the marked building envelope
and the existing crest of the bluff much less the
4
eventual (more landward) crest of this bluff to permit
any construction equipment, stockpiling of soil or
materials or construction activity without causing a
certain additional loss of the face of the bluff;
b. weight of equipment;
c. vibration;
d. new surface water runoff as a result of
impervious surfaces,
and the like; and
e. disturbance
including decks, roofs, sidewalks,
of the subsurface; this factor
adds multiple problems, including removal of
vegetation, creation of any foundation, movement of
stockpiled soil and creation of new surface water
runoff patterns.
6. As stated above, in my professional opinion, the
introduction of construction activity as proposed at this site
within 40± feet of the bluff will result in the certain loss of
additional upland at the present crest of the bluff and will
further result in the dramatic fault of the existing slope as a
result of which bluff erosion will occur easterly onto the
Peacock parcel and westerly onto the adjacent vacant parcel. The
tolerance on the Peacock parcel for erosion such as will likely
occur is minimal or none at all since, among other things, the
Coastal Erosion Hazard line is now fixed on the northeast corner
of the existing Parr-Johnson-Peacock residence.
7. As a result of my inspection of the subject Murphy
5
premises and upon consideration of all of the factors addressed
above, it is my professional opinion:
a. the existing erosion will move landward at the
top of the slope at least 15 to 20 additional feet or
more;
b. this additional erosion will continue even
with the construction of a
system;
c. this erosion will
shoreline erosion control
happen more quickly upon the
introduction of any construction activity within a 40
foot proximity of the top of the slope; and
d. this erosion, exacerbated by the introduction
of the construction activity, will move eastward at
least into the Peacock parcel, causing the loss of the
top of the Peacock bluff, including the present
landscaped area. The erosion is as likely as not to
follow the Coastal Erosion Hazard line.
8. Your deponent's professional opinion is that no
construction of a residence should be allowed as proposed, but
instead any construction should be moved as far landward as is
possible. The size of the residence should be reduced. No
residence or construction activity should occur excepting after
the construction of a bulkhead similar to the Peacock bulkhead,
including the stone armor landward of the seaward wall of the
bulkhead. The bluff must first reach its natural angle of repose
and be stabilized before any construction activity should occur.
6
Any residence should be constructed only after a non-disturbance
line marked by snow fencing and hay bales is established and
maintained from building permit to certificate of occupancy.
Improvement or development of the area of the lot seaward of the
seaward side of a new residence setback should be prohibited
altogether utilizing a scenic or conservation easement or similar
encumbrance.
required.
Leaders, downspouts
Sworn to before me this
21st day of January, 1999.
Notary Public
and drywells/~//~'~h°uld be~~
J STEVEN L. MARESCA
c: \wpSl\realestate\zoning\peacock. slm
7
STEVEN L. MARESCA
Consulting Engineer
188 - 07 West Montauk Highway
Hampton Bays, N.Y. 11946
TITLE:
EDUCATION:
PROFESSIONAL
LICENSES:
PROFESSIONAL
EXPERIENCE:
PROFESSIONAL
ASSOCIATIONS:
SUMMARY OF
EXPERIENCE:
PARTIAL USTING
OF PROJECTS:
Professional Engineer
M.S,C,E. Polytechnic Institute of New York - 1977
B.S.C.E. The Cooper Union - 1973
State of New York - 1980
State of New Hampshire - 1988
1985 to Present - Principal of Consulting Engineering
Firm in Hampton Beys
1976 - 1985 - Staff Engineer for Raymond Technical
Facilities - Consulting Engineers
1973 - 1976 - Staff Engineer for Hardesty & Hanover
Consulting Engineers
Member - American Concrete Institute
Member - National Society of Professional Engineers
Member - National Society of Engineers in Private
Practice
Involved in the Office Design and Field Construction of
various construction projects. Approximately t~venty
five years experience in development of Commercial,
Industrial, and Residential Buildings and Marine
Structures.
A. Private Practice - Consultant to various Environmental Firms,
Architects and local Municipalities on Long Island.
These firms have included;
Village of North Haven - Village Engineer
Inter-Science Research - Environmentalists
Chesterfield Associates - Contractors
Nagel & Lesser - Architects Michael Graves - Architects
Bates & Booher - Architects Cooper Robertson Partners
Samuels & Steelman - Architects
B. Raymond Technical Facilities - Staff Engineer
Responsible for the design and implementation of contract
drawings and specifications in the office and on the
construction site.
A partial list of projects include;
Ponquogue Bridge - Hampton Bays - Project Engineer
Structural installation and Site Development.
U.S, Naval Base - Diego Garcla - Project Engineer
Construction of a $400. million Naval base in the
Indian Ocean. Project had consisted of Docking
and Freight. Facilities, Ship Repair facilities,
Housing, and Air Fields.
Hood Canal Bridge - Seattle, Wash. ProjeCt Engineer
Design of Floating Bridge structure 6000,' long
C. Hardesty and Hanover - Staff Engineer
Analysis and Inspection services provided for various
Government agencies. Work consisted of 1;he design and
inspection of Bridge and Marine Structures.
'COASTAL EROSION
PROCESSES ON
LONG ISLAND
Jay Tanski
New York Sea Grant Extension Program
Most Long island shoreline pr.,:erty owners are
well aware of the effects of erosion as evidenced by
the constant loss o[ their land to the sea. However,
many are not familiar with the variety of processes
responsible for this loss. Although shoreline ero-
sion is complex and not completely understood, the
primary processes have bean identified. A general
understanding of these processes can help the
coastal homeowner identify and, consequently,
deal more effectively with the specific erosion prob-
lems he OF she may encounter.
The single most important force causing erosion on
both the north and south shores of Long island is
wave action. Waves are the primary agent for re-
moving and transporting sediment on beaches and
bluffs in this area. The size and type of wave break-
lng on the shoreline determines, to a large extent,
the profile or shape of the beach. Large, steep
waves, usually associated with the winter storms,
tend to erode material from the shore andtransport
it offshore where it is stored in nearshore bars or
lost to deeper waters. (See Fig. 1 ). The small, gentle
waves of summer pick up and carry some of this
material back to the beach. Thus, there is a sea-
sonal cycle where the. beach is lowered and nar-
rowed in the winter and built higher and wider in
the summer. During this yearly cycle the ocean
beach may change lOto 15 feet in elevation and up
to 180 feet in width.
Not ail of the material transported offshore in win-
ter is necessarily returned during the summer,
however. If the winter waves are large enough,
th y may move material far enough ~)ffshore so the
summer waves cannot bring it back, When this
happens there is a net loss of sand from the beach
resulting in the shoreline recession or erosion
common to Long Island.
Waves coming into shore at an angle also set up
currents which carry sand parallel to coastline in
the surf zone. This "long, shore transport" has been
described as a river of sand picking up and deposit-
ing material on the beach as it moves along the
shoreline. '~r~ the south s~or~ ~ net longshore
transport rate is approximately 300 to 500 thou-
sa nd cubicyardsofsandtothewestperyear. North
shore rates are typically less than 100,000 cubic
yards per year and variable in direction due to the
irregular coastline. When this movement is inter-
rupted by an inlet or man-made structure, sut asa
groin or jetty, send is deposited on the updrift side.
However, the currents continue to pick up material
on the downdrift without depositing new sand. This
can result in increased erosion in the area down-
drift of the s~ructure. (See Fig. 2).
Fig. 2
-over-
Most of the erosion and movement of sand on the
beaches occurs during storms. The large waves
and higher water levels associated with storms can
do as much damage in one day as norma[ weather
conditions can do in several years. If the water level
is high enough during a storm, waves can attack
and undercut the bluffs or dunes behind the
beaches leaving a vertical scarp':tthe toe. Removal
of material from the base makes the entire bluff
unstable and causes slumping which in turn
removes the protective vegetation cover. The toe
can usually be protected byinstal[ing a bulkhead or
revetment at the base of the bluff. HoxvCver, for
effective erosion control, processes that may be
acting on the face of the bluff should also be
considered.
Water added to the top of the bluff, either naturally
by rainfall or artificially by septic and sprinkler sys-
tems, can cause erosion in a variety of ways. Layers
of clay or other irt,permeable barriers in the bluff
will force groundwater to flow'out the bluff face
removing material and causing surface erosion.
Gullies that start midway on the bluff face or near
clay layers may indicate groundwater problems.'
Groundwater trapped in the bluff can also freeze
and expand allowing large chunks of the bluff to
separate from the top and slide down the bluff face.
Groundwater problems can usually be remedied by
'installing a pipe or tide drainage system which
intercepts the water in the bluff before it reaches
the surface of the slope and transports it down the
bluff face in a drainage pipe.
Water from above the bluff can run over the cliff
face resulting in large gullies that start at the top or
lip of the bluff. Surface runoff can be lessened by
.building a berm or ridge of soil. along the top of the
bluff which prevents water ¥~:'om flowing over the
edge a.r~d dire, cts it tO spot where a drain and pipe
ca"n carry the water to the bottom without c~usin,~
further erosion. Planting Iow shrubs or othervege
tation along the top edge and face will help slow
runo.fft.
I~ addition to surface runoff from the top, bare,
unvegetated portions of the bluff face are alsosus-
cepdble to erosion by rain and wind which pick up
and remove unconsolidated material. The effects of
these processes can be lessened by grading or ter-
racing the slope and planting vegetation, which
provides a good ground cover, binds the s,;il with its
root system and uses excess water on the bluff
surface.
One other i~portant fact homeowners on ~/~ng
[sland'~ north shore should consider is that ~luff
erosion is the primary source of material for beaches
in this area. While bluffs can be protected by a
varieW of techniques,,these measures deprive the
beach of sand and gf~vel. Complete stabilization
may, in some cases, reduce the size of the beach or
eventually cause the beach to disappear altogether.
Erosion is a complicated problem. Before attempt-
lng to solve the problem, it is in portant to first
identifythe processes causing the ~rosion. A better
understanding of the processes will aid you in
selecting the right solution and help avoid costly
mistakes. More i'~formation on erosior~ and erosion
control is available from your local Sea Gr:nt
Extension Office. On Long Island call (516)
632-'8730
Cooperative Extension - Suffolk County
246 Griffing Avenue
Riverhead, New York 'i 'i901
Cooperative Extension in New York State
provides Equal Program & Employment
Opportunities
5~N-20-99 ~4E? -' ': ~IULT[ Eu ~. r~,', NO. -'~4 522 3063 P. 02
Cutchogue, Long Island
(Duck Point Bluff)
PROPERTY DESCRIPTION
:0. 1+ wooded acres with 168 feet of watert~ont footage
4} Panoramic sou~d views -- high bluff
4* Underground u~:ilities
~ Private road
4- 90 minutes from N~/C. Across from Saybrook, Conn. to the North and Bridgehampton to the South
4, Sunseta and moonrises -- Fabulous -- Rare, very rare
ZONING The ProperW was approved by the Southold Planning Board on Oct. 2, 1987. Also the
Zoning Board of Appeals has approved access under Section 280A and a variance set back f~om the
bh~ff of not !ess than 40 feet.
APPRAISED VALUATION 'the property has been appraised at $3,000 per sound foot.
ASKING PRICE: $360,000. Survey available upon request.
TAXES The '97/'98 taxes are $2,613.
CONTACT Owner, Mary Elizabeth Murphy, 25 E. 10th Street, NYC 10003. (2i2) 777-3489
MARY ELIZABETH- MURPHY
APPLICATION FOR VARIANCE FOR BLUFF SETBACK
(Public Hearing - January 2171999)
~TRODUCTION
The property under discussion is designated as 1000-73-2-3.3 on the Suffolk County Tax
Map andit is located approximately 350 feet easto£a private road known as Bridge Lm~e
Extension in Cutchogue.
The owner, Mary Eli?abeth Murphy, is.requesting a variance to build a residence 43.4 feet
fzom the bluffinstead of the t00 foot whdmurrras'required by Article XXIII of the
Southold Zoning Code.
HISTORICAL BACKGROUND (Exhibit I)
Original Murphy Purchases
(1) Reeves_to Murphy - 1_964 (seeM,ap Exhibitli. m~d Deed Exhibit IIa).
(2) Baxter to Murphy/Raebmm- 1974 (see Map Exhibit ITl and Deed Ex. hibit IIIa)
1978 Subdivision
(I) Planning Board Approval: October, 1987 (see Exhibit IV).
(2) Current Owners/Character of Neigbborhood
BuLkheads added to Li/Neuman on the west in 1992 and to Peacock on
the adjacent east in 1987.
This small subdiv;,sion (pIus the Peacock property) and the Baxter subdivi-
sion on the west comprise about 1.0 acic:sx~StIt 8 soundfront building lots.
There are currently 5 s~ngle fatty dwellings and both subdivisions are sur-
rounded by f~.l land. (see Aeriat Photo ExbSbit V)
BLUFF SETBACK REQUEST (Exhibit VI and Exhibit Via)
Murphy is requesting a variance for 43.4 foot setback from the comer of the footprint that
is closest to the bluff as indicated on the John Ehlers survey of 11/5/97. This was an on-
the-ground measurement thatwas done by Robert H. Fox, an associate of John Eblers,
on October 28, 1998, at the request of the Zon~g Board of Appeals. This setback
compares as follows with those indicated by the owner's individual surveys. (Copies of
the individual surveys are attached as Exhibits VII, VIII and IX.
· Li/Neuman on the west:
· Peacock on the east:
35'
18.75' Deck to Bluff
28.52' House to Bluff
CURRENT CONDITION OF THE BLUFF
The Murphy property has been visited twice by the Soil and Water Conservation
Department in Riverhead - in July, 1997 at Murphy's request - and in October, 1998 at the
ZBA's request. The full reports are attached as Exhibits X and XI. The substance of both
on-site visits is:
· The toe of the bluff should bestabilized by a bulkhead or some form of
"hard" stabili?ation- particularly because of the bulkheads on the east
and the west.
· There is an overhanging "lip" (on the top) that should be cut back to a
normal angle. The top does not slope toward the bluffso there is
minimal danger of rainwater runoff.
· Debris should be removed fi.om the faeeof the bluff and it should be
planted with Cape American Be. chgrass first; and, once this is
established, with the addition of known adaptable shrubs such as
Rugosa Rose, Bayberry, and Virginia Creeper.
CURRENT SLOPE OF THE BLUFF (Exhibit XII)
Using measurements from the Ehle~ survey of November, 1997, the Murphy property
currently slopes southward fi.om the toe at approximately a 35 degree angle. Comparing
this slope with a current shot of the Li bluff(taken fi.om theMurphy property in 1998) and
comparable photos taken by Murphy inthe early 1960's~(pdor to any planting); there is no
visual change in the slope of thebluffand the beach area also appears to be much the
same.
(2)
ROUGH ESTIMATES OF BLUFF SHRINKAGE
As noted above under 1978 Subdivision, it is very difficult to get an accurate fix on any
beach erosion or bluff shrinkage. The-early Van Tuyt sketch (1955-59) of the contours of
the bluff (as seen on the Baxter Map Exhibit m) appears to closely approximate the
contour of the bluff in the t993 Aerial Photo Exhibit V and it is the only map with the
bluff indicated across all four prot~rties. Note that, on the aerial map, the bluff and the
shoreline bluge slightly at the monument marked intersection of the original Reeves and
Baxter properties. Both tlxn lev~t off to the we~t toward the Baxter subdivision, while
the 20' east/west right-of-way (and southern boundary ofalI four properties) tums slightly
northward at the beginning of the Li property.
1964 & 1974 DEED DISTANCES TO THE HWM
1955 VAN TUYL BLUFF SKETCH
ORDINARy HIGH ~ATER MARK
~1955
Bluff
COMPARISON OF 1997 ~ FEET TO BLUFF VERSUS 1955-78 FEET TO BLUFF
1955 Van Tuyl
4ap Da~_e ~ I~/1~ 13~5/ Id~)3 I~d/ 1996
.~a~ same Sub~tivision Li Aerial John Ehlers Peconic
HWM giuff HWM Bluff
(3)
Fully recognizing that these are "guesstimated" distances, in the 42 years from 1955 to
1997, Murphy has lost 8 feet ofbluffon the west and 12 feet on the east. Using an
average of I0 feet, there is an annual average recession or shrinkage of 2.86 inches.
In fact, the comparatively slight erosion of both the-bluff and the beach suggest that this
particular area of the Sound is, in fact, somewhat protected by the rocks and sandbars that
are marked on the nautical cl~u:is forthis area. ( see Exhibit XIII )
SUMMARY
The addition of another single family dwelling will not have an adverse effect on the
immediately adjacent properties or the surrounding farmland.
Other than a variance, there is no alternative remedy because the distance from the
farm road right-of-way is only 176' on the far western boundary of the property.
Compared with the other two existing dwelling setbacks, this setback of 43.4 feet is not
substantial but it will provide an additional buffer area between the foundation of the
house and the bluff.
(4)
SUBDIVISION BACKGROUND
SCALE: 100' = 1"
.¢,z.6
7.g82
Map Exhibit II
THIS INDENTURE, made the /~f ~y of October , nineteen hundred and S~y-four
~0LD R. ~E, residing at Hattituckt To~ of
Southold, Co~ty of Suffolk, New York
Deed Exhibit IIa
party of the first part, and I~Y ELIZABETH MURPHY residing at 49 Grove
Street, New York City, New York
party of the second part,
WITNESSETH, that the pa~y of the first part, in conslderatiwn of ONE DOIJ~AR. AND 00/~00- -
......................... ($1.00)- - '~ollars,
hwful money o£ the United Sine% and other good and valuabls consideration p~d
by the party of the second part, does, hereby grant mhd release unto the party of the second part, the heirs or
successors and assigns of the party of the second part forever,
ALL that certain plot, piece or l~m:ei of land, with the buildings and improvement~ thereon erected, situate,
lying and belng~a'a~ at Outchogue, Town of Southold, Oolmty of Suffolk
and State of New York, bounded &ud described as follows:
BEGINNING at the point where the ordinary high water mark
of Long Island Sound is intersected by the division line between
lands now or formerly of Harold R. Reeve and lands now or formerly
of Vincent Bokina; thence easterly alone the ordinary high water
mark of Long Island Sound to a point distant from the point of
beginning 255.g6 feet, measured along a tie line having a bearing of
N. 72°5~'50" East; thence S.~5,905'50" E. 5~7.00.feet go laud now or
formerly of Vincent Bokina; thence along said last mentioned la~d
the following two courses and distances:
$1) S. ?0°20'10' West 249.09 feet;
(2) N. 45°11'20" West 560 feet to the' ordinary high water
mark of Long Island Sound at the ~oint or place, of be.gizming.
ALSO a free and uninterrupted right of way over the 25
'oot strip extending to Long Island Sound and forming the westerly
boundary of the land above described, and also a free and uninterrupted
right of way sixteen feet wide over lands of the said ~tn~en~ Bokin~
to and from said twenty-five foot right of way above referred to, to
~he main highway. ~ ~ ~
Map Exhibit III
~D~ mad: the 14th ~y o~ June , ~netee~ hundr:d.~d Seventy- Four
BAXTER PROPERTIES, INC., a domestic corporation with
office and principal place of business at (no Auger)
Elijah's Lane, Mattituck, New York 11952
MARY E. MURPHY and ROBIN A. RAEBURN, residing at
(no number) Bridge Lane, Cutchogue, mew York 11935,
as tenants in conm%on,
party of tbe second part,
paid by the party of the second part, doe~ hereby grant an9 remase pa y
%LL that certain plot, piece or parcel of land, with the buildings and improveanents thereon erected, situate.
lying and beingZ2aX['a:{ North of Cutchogue, in the Town of Southold,.County
of Suffolk and State of New York, bounded and described as follows:-.
I' BEGINNING at a cement monument set ~t the intersection of the
easterly line of land of Barold R. Reeve, Sr., with the northerly
line of land of Vincent Bokina, said point of beginning being
where the southwesterly corner of premises herein described
intersects the southeasterly corner of land of Barold R. Reeve,
Sr.; running thence from said point of beginning North 45" 05' 50"
West along the easterly line of land of Barold R. Reeve, Sr.,
and through a cement monument set near the top of the bank of Long
Island Sound 347 feet to the ordinary highwater mark of Long Island
Sound; thence northeasterly along the ordinary high~ter mark of
Long Island Sound to land of Parr, the tie line bearing North 76"
34' 40" East a distance of 266.87 feet: thence South 44" 29' 40"
East along the westerly line of land of Parr through an iron pipe
set at or near the top of the bank of Long Island Sound a distance
of 313 feet to an iron pipe set at the intersection of the westerly
line of land of Parr with the Northerly line of land of Vincent
Bokina; thence South 70" 16' 10" West along the northerly line of
land of Vincent Bokin~ 247.70 feet to the cement monument set at
the point or place of beginning.
TOGETHER with a right-of-way for passage on foot and with
vehicles 20 feet in width standing from a point 20 feet east of .the
point of beginning, and running westerly along the northerly side
of land of Vincent Bokina adjoining land of Harold R. Reeve~ Sr.,
and thence turning and running southerly 16 feet in width along the
land of Vincent Bokina to the Oregon (North) Road.
TOGETIII'~R with all right title and retest, il any. of tile party of the first ~ar~ in and to an)~ strcots and
roads abutting the above described premises to ti,e center inca thereof; TOGETHER w~h the appurtenances
and nil the estate and rights of the party o[ the first p;~rl in and to ~id premises; TO HAVE AND TO
l[Ol.D the premises herein granted unto the party o£ the second part, tile heirs or successors and a~signs of
THIS CONVEYANCE is made during the regular course of business of the grantor b~rein
~nd does not const/tute all or s[~stantially all of the assets of said cor~ration.
wheroh)' tile s~ t ~{ rcndses have been cncunl}.,cred ill ally way whatever, except as aforesaid.
t e first Part x~' rece ye t e consk eration {or th s conveyance and will bold tile rigbt to receive such eonsi¢l-
eration as a trust fund to be applied ~rst {or cbc purpose of paying tile cost of the improvement and will apply
the same first to tile l~ayment Of the cost of the improvement before using any part of the total of the $~me for
The xm,ord "parly" shall be construed as if it read "parties" whenever the sense of this indenture ~o requires.
IN WrrNF..~ WHERIEOF, thc part)' of ih~ first part has duly executed this deed the day and year ['~rst above
~' ." '. BAXTER.
· .<- [. '.~,. i; :~,,~,.,.,.,.,,
:y ,~ ,~¢, .,. ,,'; ¢ ' ,
· '¥' ,.,,/ ,, %..'.
/1 ..... ,,,
Deed Exhibit IIIa
Exhibit IV
RECEIVED BY
~U.G 0 3 1B87
Aerial Photo Exhibit V
Exhibit VI a
DWELLING LOCATION OF FOUR 073-2
BLUFF PROPERTIES
~%
7Oo
7~
0
rr
Exhibit IX
60
-4~:/ ~.
AREA = 24,738 sqft.
to tie line
SURVEY OF'
PROPERTY
A T CUTCItOGUE
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N Y.,,
I000 ~ 73-02-01
Scale: 1"= 50'
Oct. 21, 1996
COUNTY OF SUFFOLK
Exhibit X
SOIL AND WATER
CONSERVATION DISTRICT
FAX:(516)727-3160
ROBERT J. GAFFNEy
SUFFOLK COUNTY EXECUTIVE
Thomas J. Mc/~ahon
DISTRICT MANAGER
(516)727-2315
To: Gerard P. Goehringer, Chairman
Southold Town Board of Appeals
53095 Main Road
Southold, NY 11971
October 16, 1998
Dear Mr. Goehringer:
We have made a site inspection of the Property known as Lot 3 of the Minor
Subdivision for Robin A. Raeburn and Mary Elizabeth Murphy~ SCTM# 1000-073-2-3.3.
The property is in fact heavily vegetated landward of the bluff. However, much of the
center of the lot was cleared and the proposed house location was staked out and taped off.
A measurement to the bluff top edge from the proposed house corner was not made, however
it appears that the surveyors estimate is probably correct. It appears that the predominant
slope of the lot is away from the bluff top edge. The edge of the bluff top is unstable,
consisting of a vertical to overhanging lip which should be cut back to a natural angle of
repose. The bluff face is mostly bare with annual weed cover in spots. Rills or small gullies
are on the bluff face, most likely due to the loamier soils sloughing off from above, eroded by
each rainfall. There is no Toe Stabilization present on this lot or on the lot to the west. A
bulkhead exists on the lot to the east. Toe Stabilization is recommended here, so contact Jay
Tanski at the New York Sea Grant Extension Service, phone 632-8730 for recommendations.
He is an expert on Hardening Structures and will be able to make the best recommendations
on the proper course of action.
First stabilize the toe of the bluff. Without toe stabilization the face will continue to
actively erode and may be accelerated by the existing bulkhead to the east. Next, grading the
bluff top back to a natural angle of repose will remove at least four to six feet from the existing
top edge, decreasing the set back of the proposed house. Perhaps the size of the house can
be decreased and/or placed closer to the right of way road. Once the bluff top is cut back to a
stable angle of repose, the face may be planted to 'Cape' American Beachgrass, purchased
from a certified grower. A list is enclosed for your records, along with the Bluff Stabilization
RIVERHEAD COUNTY CENTER 300 CENTER DRIVE, ROOM N-210 RIVERHEAD, NY 11901
-2-
Standards and the Planting Recommendations. Other salt and drought tolerant species
of plants may also be planted along with the Beachgrass, such as; weeping Iovegrass,
sand Iovegrass, big bluestem, and little bluestem and shrubs such as rugosa rose or
bayberry.
Sincerely,
Paul ^. TeNyenhuis, District Technician
United States
15epartment of
Agriculture
Natural Resources
Conservation
Service
Riverh. County Center
Room E716
Riverhead, New York 11901
Exhibit XI
July 22, 1997
MaD' Elizabeth Murphy
25 East 10th Street 4F
New York, NY 10003
Dear Ms. Murphy:
On July 10th 1997 I met with Sonya Hagna at the property offof Bridge Lane in Cutchogue, tax
map number 1000-73-2-3.3. Ms. Hagna requested that a report of the recommendations be
written and sent to you regarding the bluff erosion problem you are experiencing.
The toe of the slope needs protection. The adjacent property directly east and s~veral others in
close proximity to the west have bulkheads. These existing bulkheads alter the wave action and
transmit the water's power to the non-bulkheaded parcels. The toe of the slope is critical to
protecting the whole bluff. A properly constructed bulkhead or other form of toe protection is
necessary.
The top of the bluff is nearly vertical. There is also a lot of overhanging branches, roots and
shrubs. Any obstructing material should be removed. The vertical portion should be cut back to
a more natural angle of repose and then planted with the appropriate plant material. Appropriate
material includes: Rugosa rose, shore juniper, bayberry and dwarf sand cherry. I have enclosed
several plant sheets for your review. Surface water should not be allowed to over top the bluff.
There should be a slight slope toward the south leading away from the blu~s edge.
The face of the bluffshould be at a natural angle of repose for sand. Any dead trees, shrubs or
large material should be removed. Cape American beachgrass should be planted. The best time
to plant beachgrass is from October 15th to April 15th with the best time being in the late
winter/early spring after the threat of major storms are over. Planting at this time will allow the
plants to establish themselves for a full growing season before winter, increasing their'survival
rate. Adapted shrubs and vines can be added after the grass is established. Material such as
rugosa rose, bayberry, beachplum or Virginia creeper are acceptable·
efore wanter s onset, a temporary planting of weeping lovegrass or cereal rye can be employed
to help keep the sand in place. They should be planted in the early fall to be established by
winter.
I have enclosed the plant sheets, a plant directory, and also a technical note on the proper care for
a bluff.
If you have any questions, please don't hesitate to call.
Sincerely,
Brian Zimmerman
~PARISON OF BLUFF SLOP~:
(1¢98 shot of L1/Neuman Bluff Compared to 196(
Exhibit XII
Murphy photos)
1998
EASTERN BOUNDARY BLUFF SLOP~
(Based on Ehlers Survey)
Scale: 60' l")
~ i Toe of Bluff
145:
Published at Washington. D:C.
U.S. DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPItERIC ADMINISTRATION
NATIONAL OCEAN SERVICE
COAST AND GEODETIC SURVEY
(Shelter Island Sound and Peconic Ba~vs)
SOUNDINGS IN FEET-SCALE 1:40,000
Exhibit XllI
lSth Ed., Apr.2/94 ·
12358
SPIRE
MURPHY PROPERTY
SLOPE INVESTIGATION
EXISTING CONDITIONS
PHOTOGRAPHS TAKEN JANUARY 20, 1999
VIEW OF BLUFF ON MURPHY PROPERTY. PHOTO TAKEN FROM TOP OF
BLUFF. NOTE THE VERTICAL SLOPE AT THE TOP OF SLOPE. ALSO NOTE
THE AMOUNT OF TREE ROOTS EXPOSED BY THE RECENT EROSION
VIEW OF A SECTION OF BLUFF TO THE EAST OF THE PROPERTY IN
QUESTION. NOTE THE MASSIVE SLOPE FAILURE. THIS IS A
CLASSICALLY EXAMPLE OF SLOPE FAILURE.
VIEW LOOKING DOWN THE MURPHY PROPERTY BLUFF. NOTE THE SAND
DEPOSITED AT THE BOTTOM OF THE SLOPE. ALSO NOTE THE RAVINES
RUNNING DOWN THE SLOPE AS WELL AS THE CRACKS IN THE SOIL AT
THE TOP OF SLOPE.
VIEW OF THE TOP OF BLUFF ON THE MURPHY PROPERTY. I HAVE
INDICATED WHERE WE WERE ABLE TO SEE OPEN CREVICES RUNNING
PARALLEL TO THE SHORELINE. THIS SHOWS RECENT MOVEMENT IN THE
SLOPE. IT IS INDICITIVE OF A SLOPE FAILURE ABOUT TO HAPPEN.
VIEW OF THE BOTTOM OF SLOPE AT THE PROPERTY LINE BETWEEN THE
PEACOCK AND MURPHY PROPERTY. NOTE THE END OF THE TIMBER
BULKHEAD INSTALLED ON THE PEACOCK PROPERTY. WE WERE ABLE TO
SEE SOIL EROSION BEHIND THE BULKHEAD RESULTING FROM THE SLOPE
FAILURE ON THE MURPHY PROPERTY. THIS SLOPE FAILURE WILL
CONTINUE TO ATTACK THE PEACOCK PROPERTY BLUFF.
VIEW OF THE SAME SLOPE. NOTE THE NATURAL VEGETAION ON THE
PEACOCK PROPERTY. THE LAST OF THE VEGETATION ALIGNS WITH THE
END OF THE BULKHEAD.
VIEW OF BLUFF FROM THE TOE OF SLOPE FRONTING THE PEACOCK
RESIDENCE. NOTE THE LACK OF VEGETATION. THIS INDICATES RECENT
EROSION
October 15, 1998
Zoning Board of Appeals
Southold Town Hall
$outhold, .NY 11971
Re: Variance on Murphy Property - Locati~>n of n,=w G~ellzng
2000-73-2-3.3
Dear MS. Kowalski:
Thank you for Chairman Goehringe~'s iett~r o£ ]0/7/98
~:~,'~?~ing the ~oard's requests following a s~te visit.
~ r~z~k we can comply quickly with these and the following
~J~fnes our response and/or existing exhibits, beginning
~.ur,~ ~t~m ~3 a~d moving up:
#~ .Su_f...~ol___k_..C~ounty Soil ,a,,,nd Water
~(~i: 7;~0/97 ~ met with Brian Zim~rman ~ property.
['L::~ r~_p.0rt of 7/,72/97 is att~h~d, f think any ~u~.cbaser
~.~ d do all of these for ~oth cosmetic a~'~d anti- erosions
2.~Pboto~raph$_ ---~- .=-- From the Bea, ch
Th~$ ~.s a- cop.v of the ~erox submitted to the DEC
~n M~y, 2998, showing the location off'the ohotograpb~-
-.~ ..... y on the SUrvey~ We have much la~e~
The Surveyers Field Visit
~i ~J~'7/~' Ehle-~'~ ~o--r~-q-in~'l sJrvey ~:~..R made on 1i/5/~ ,-.
have c'.:% wslking paths fco:~ ~he Bokina Road ~o the
. ~'5~ qhi~ pa,.h to the bluf~ ~ approximately
~i.,~ bluff_ %~ ',~:2! pla."e a ma:kef a: this point on the
P...~.. .y :~ c~n the marke~, we have
October mear!r:q but we must make the November
have p]&c.<d a ,-~ .. to Brian ~immerma~ ~o ask
tc se~3 if 3.','~U thi~k
again thank' you very much for all your
Sincerely,
$onya Hagna
this would be the best way t¢ comply with
afternoon
I will phone your offlc~:~'thia
this would be satisfactory.
help.
Richard La[k, Esq.
5iTb^'fi~, OUT~HO,,,~,E
Service
York 11901
.July 22, 1997
Ma~> Elixabeth Murphy
')5 E~ !0fl~ Street 4F
Nc~v Yark. NY 10003
Murphy:
il. D{UlI.
:.':., ,- d:¢ i, ropcr care fo,t
Bnaa Zimmennan
MARY ELIZABETIt-MURPHY
APPLICATION FOR VARIANCE FOR BLUFF SETBACK
(Public Hearing - January 2L 1999)
INTRODUCTION
The property under discussion is designated as 1000-73-2-3.3 on the Suffolk County Tax
Map andit is located approximately 350 feet easto£a private road kno~m as Bridge Lane
Extension in Cutchogue.
The owner, Mar), Elizabeth MurPhy) is requesffng a variance to build a residence 43.4 feet
fi.om the bluffinstead of the t 00 foot mhfiraum as'requ-h'ed by Article XXIII of the
Southold Zoning Code.
HISTORICAL BACKGROUND (Exhibit I)
Original Murphy Purchases_
(1) Reeves.to Murphy - L964 (see. Map ExhibkH and Deed Exhibit IIa).
(2) Baxter to Murphy/Raeburn.- t974 (see Map Exhibit m and Deed Exhibit Ilia)
1978 Subdivision
(1) Planning Board Approval: October, 1987 (see Exhibit IV).
(2) Current Owners/Character of Neighborhood
Bulkheads added to Li/Neuman on the west in 1992 and to Peacock on
the adjacent east in 1987.
This small ~bdivision (plus the Peacock property) and the Baxter .subdivi-
sion on the west COmlJ~[~eabout 1.0 acres with 8 sotmdfi.om building lots.
There are currently 5 s'fiagle family dwellings and both subdivisions are sur-
rounded by farm land. (see Aerial Photo Exhibit V)
(1)
BLUFF SETBACK REQUEST (Exhibit VI' and Exhibit Via)
Murphy is requesting a vmim,ce for 43.4 foot setback from the comer of the footprint that
is closest to the bluffas indicated on the John Ehlers survey of 11/5/97. This was an on-
the-ground measurement thatwas done by Robert H. Fox, an associate of John Ehlers,
on October 28, 1998, at the request of the Zoning BoardofAppeals. This setback
compares as follows with those indicated by the owner's individual surveys. (Copies of
the individual surveys are attached as Exhibits VII, VIII and IX.
· Li/Nemm. n on the west:
· Peacock on the east:
35'
t 8.7T Deck to Bluff
28.12' HOuse to Bluff
CURRENT CONDITION OF THE BLUFF
The Murphy property has been visited twice by the Soil and Water Conservation
Department in Riverhead - in July, 1997 at Murphy's request - and in October, 1998 at the
ZBA's request. The full reports are attached as Exhibits Xand XI. The substance of both
on-site visits is:
· The toe of the bluff should be stabilized by a bulkhead or some form of
"hard" stabilization - particularly because of the bulkheads on the east
and the west.
· There is an overhanging "lip" (on the top) that should be cut back to a
normal angle. The top does not slope toward the bluff so there is
minimal danger &rainwater runoff.
· Debris should be removed fromthe face of the bluffand it should be
planted with Cape American Beachgrass first; and, once this is
established, with the addition of known adaptable shrubs such as
Rugosa Rose, Bayberry, and Virginia Creeper.
CURRENT SLOPE OF THE BLUFF (Exhibit XlI0
Using measurements fromthe Elders ~mvey of November, t997, the Murphy property
currently slopes southward fi.om the toe at approximately a 35 degree angle. Comparing
this slope with a current shot of the Li bluff(taken from the Murpby property in 1998) and
comparable photos taken by Murphy in the earty 1960's~(prior to any planting); there is no
visual change in the slope of thebluffand the beaeh area also appears to be much the
(2)
ROUGH ESTIMATES OF BLUFF SHRINKAGE
~955
Bluff
As noted above under 1978 Subdivision, it is very d~fcult to get an accurate fix on any
beach erosion or bluff shrinkage. Theearly Van Tuyl sketch (1955-59) of the contours of
the bluff (as seen on the Baxter Map Exhibit III) appears to closely approximate the
contour of the binffin the t993 Aerial Photo Exhibit V and it is the only map with the
bluff indicated across all four p~operfies. Note that, on the aerial map, the bluff and the
shoreline bluge slightly at the monument marked intersection of the original Reeves and
Bamer properties. Both then level offto the ~e~t toward the Baxter subdivision, while
the 20' east/west right-of-way (and southern boundary of ali four properties) tums slightly
northward at the begirming of the Li property.
1964 & 1974 DEED DISTANCES TO THE
1955 VAN TUYL BLUFF SKETCH
ORDINARy HIGH WATER MARK
HWM
COMPARISON OF 1997 ~ FEET TO BLUFF VERSUS 1955-72 FEET TO
BLUFF
1955 Van Tuyl
Date ~ I'J/~ 13~/ 1~93 I~/ 1996
,~am~ Subdivision , Li Aerial John Ehlers Peconic
HWM 8~uff HWM Bluff HWM Bluff HWM (-F~.)B!uff (-~t.) HWM (-e.,~')Bluff
(3)
Fully recognizing that these are "guesstimated" distances, in the 42 years fi.om 1955 to
1997, Murphy has lost 8 feet ofbluffon the west and 12 feet on the east. Using an
average of 10 feet, there is an annual average recession or shrinkage of 2.86 inches.
In fact, the comparatively slight erosion of both the-bluff and the beach suggest that this
particular area of the Sound is, in fact, somewhat protected by the rocks and sandbars that
are marked on the nautical charts for ttfis area. ( ~ e e Exh J.b ± t × I ~ I )
SUMMARY
The addition of another single family dwelling will not have an adverse effect on the
immediately adjacent properties or the surrounding farmland.
Other than a variance, there is no alternative remedy because the distance fi.om the
farm road right-of-way is only 176' on the far western boundary of the property.
Compared with the other two existing dwelling setbacks, this setback of 43.4 feet is not
substantial but it will provide an additional buffer area between the foundation of the
house and the bluff.
(4)
SUBDIVISION BACKGROUND
SCALE: 100' = 1"
%-%
09 ,
90610017~-
<7>
/ eo .~.
/'<4-
Map Exhibit II
THIS INDENTURE, made the /~ day o~ October , nineteen hundrcd and Si~ty-four
BETWEEN HAROLD R. REEVE, residing at Mattituck, Town of
Southold, County of Suffolk, New York
Deed Exhibit IIa
party of the first Par~ and MARY ELIZABETH MURPHY residing at 49 Grove
Street, New York City, New York
Party of the second part,
wrI'NESSETH, that the party of the first part, in consideratiqn of ONE DOT.LAp, Ai~ 0Q/'i'00- -
......................... ($1.00)- - '~ollars,
~wful money of the U~ted $m~e$, and other good and valuable c onsideration
by the party of the second part, does. hereby glint and release unto the party of thc second part, the heirs or
successors and aisigns of the party of the second Part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being'~r~ at On. toho~tlet Town of Southold, Oounty of Suffolk
and State of New York, bounded and described as follows:
BEGINNING at the point where the ordinary high water mark
of Long Island Sound is intersected by the division line between
lands now or formerly cf Harold R. Reeve and lands now or formerly
of Vincen~ Bokina; thence easterly along the ordinary high water
mark of Long Island Sound to a point distant from the point of
beginning 255.~6 feet, measured along a tie line having a bearing of
N. 7205~'50" East; thence S.&~905'50" E. 5~7.00.feet $o land now or
formerly of Vincent Bokina; thence along said last mentioned land
I the following two courses and distances:
$1) S. ~0°20'10" West 249.09 feet;
· " (2) N. ~5°11'20" West 560 feet to the~ ordinary high water
mark of Long Island Sound at the point or place, of be.ginning.
ALSO a free and unint.errupted right of way over the 25
'oct strip extending to Long Island Sound and forming the westerly
boundary of the land above described, and also a free and uninterrupted
right of way sixteen feet wide over lands of the said ~'inCen~ Bokina
to and from said twenty-five foot right of way above referred to, to
2
~x'!~o'x//'
Map Exhibit III
I'0' F_L'E,c 'i-RI/'
/~AP OF LANDS
CUT-CI-fOGU~.
"T"o IA/N OF ,-~OUTHOL
,StJ~'FOZ-K COU~7'Y, N.Y.
~LS~DENq~madethel4th dayot June ,ninetcenhundr~,~d Seventy- Four
BAXTER PROPERTIES, INC., a domestic corporation with
office and principal place of business at (no number}
Elijah's Lane, Mattituck, New York 11952
Deed Exhibit IIIa
MARY E. MURPHY and ROBIN A. RAEBUP~N, residing at
(no number) Bridge Lane, Cutchogue, New York 11935,
~ ' , , r of the first hart, in consi eration of Ten DoI ars and other valuable consider~tlon
W~ES~'~H, tllst ~he pa t~ .... doe' ~ercbv ffrant and re ease unto the party oi thc se~nd ~, the heirs
~ succ~sora and assi~$ of tile party of thc second part forever,
ALL tl "P P ...... i~ the Town of Southolfl,,County e
of Suffolk and State of New York, bounded an~ ~e
~' BEGINNING at a cement monument set ~t the intersection of the
easterly line of land of Harold R. Reeve, Sr., with the northerly
line of land of Vincent Bokina, said point of beginning being
where the southwesterly corner of premises herein described
intersects the southeasterly corner of land of Harold R. Reeve,
St.; running thence from said point of beginning North 45~ 05' 50"
West along the easterly line of land of Harold R. Reeve, Sr.,
and through a cement monument set near the top of the bank of Long
Island Sound 347 feet to the ordinary highwater mark of Long Island
Sound; thence northeasterly along the ordinary highwater mark of
Long Island Sound to land of Parr, the tie line bearing North 76~
34' 40" East a distance of 266.87 feet; thence South 44a 29' 40"
East along the westerly line of land of Parr through an iron pipe
set at or near the top of the bank of Long Island Sound a distance
of 313 ~9~t to an iron pipe set at the intersection of the westerly
line of land of Parr with the Northerly line of land of Vincent
Bokina; thence South 70~ 16' 10" West along the northerly line of
land of Vincent Bokina 247.70 feet to the cement monument set at
the point or place of beginning.
TOGETHER with a right-of-way for passage on foot and with
vehicles 20 feet in width standing from a point 20 feet east of.the
point of beginning, and running westerly along the northerly side
of land of Vincent Bokina adjoining land of Harold R. Reeve~ Sr.~
and thence turning and running southerly 16 feet in width along the
land of Vincent Bokina to the Oregon (North) Road.
roads abutting the a~ve described premises to the center nest ~er~{; TOGETHER wKh he appu~enances
and all the estate and rights of the i~rty of t ~e first p~ m and to ~d prem scs TO HAYL AND T
THIS CONVEYANCE is made during the regular course of business of the grantor k~re~
&nd does not cons~tute all or st~stantially all of the assets of ~id ' '
the first part will r~eive the consideration for this ~nveyance and will hold the right to receive such cons ¢ -
the stone first to the ~yment of the coat o{ the mprovement before using any ~rt of the to ~ of t ~e ~azne for
any other pur~se.
The x~rd "~y" shall be construed as il it read "panics" whenever the sense of this indenture $o requires.
IN W~N 'Y.~S WHEREOF, :h¢ ~rty of the first ~rt has duly ~<utcd this deed the day and year first abo~e
BAXTER PROinERTI2i,]INC.
Exhibit IV
- /
hq//'gO~Z ,~ C/~'Z21V/,5) 01.4
l~ OZ~ l /',l ,,~. I~,~ ~.~ U.~ l'./
· '~U.G 0 3 1981
Aerial Photo Exhibit V ~
1
1
N85.26,03.E
PLEAS NOTE
Sanitar' is not to be
placed
PERMIFf FOR A~PROVAL OF (
2 7 199~ ~m~
FOR MAXIMUM Of; __
EXPIRES THREE YEARS FROM DATE OFA
SEPTI~ ~ETA[L
7O.0
GRAPHIC SCALE 1"= 60'
%
N,Y,$. LIC. NO, 50202
Exhibit VI a
DWELLING LOCATION OF FOUR 073-2
BLUFF PROPERTIES
700 ,
'"'-x.4. ExhibitVlI
.~,¢
.t
Exhibit IX
6O`6
AREA = 24,738 sq. ft.
to tie line
o/
SURVEY OF
PROPERTY
A T CUTCttOGUE
TOVVN OF $OI)THOLD
SUFFOLK COUNTY,
I000 ~ 73-02-01
Scale: 1" = 50'
Oct. 21, 1996
COUNTY OF SUFFOLK
Exhibit X
SOIL A~D WATER
CONSERVATION DISTRICT
FAX:(516)727-3160
ROBERT J. G;tFFNEy
Thomas J. McMahon
DISTRICT MANAGER
(516) 727-2315
To: Gerard P. Goehringer, Chairman
Southold Town Board of Appeals
53095 Main Road
Southold, NY 11971
October 16, 1998
Dear Mr. Goehringer:
We have made a site inspection of the Property known as Lot 3 of the Minor
Subdivision for Robin A. Raeburn and Mary Elizabeth Murphy~ SCTM# 1000-073-2-3.3.
The property is in fact heavily vegetated landward of the bluff. However, much of the
center of the lot was cleared and the proposed house location was staked out and taped off.
A measurement to the bluff top edge from the proposed house corner was not made, however
it appears that the surveyors estimate is probably correct. It appears that the predominant
slope of the lot is away from the bluff top edge. The edge of the bluff top is unstable,
consisting of a vertical to overhanging lip which should be cut back to a natural angle of
repose. The bluff face is mostly bare with annual weed cover in spots. Rills or small gullies
are on the bluff face, most likely due to the loamier soils sloughing off from above, eroded by
each rainfall. There is no Toe Stabilization present on this lot or on the lot to the west. A
bulkhead exists on the lot to the east. Toe Stabilization is recommended here, so contact Jay
Tanski at the New York Sea Grant Extension Service, phone 632-8730 for recommendations.
He is an expert on Hardening Structures and will be able to make the best recommendations
on the proper course of action.
First stabilize the toe of the bluff. Without toe stabilization the face will continue to
actively erode and may be accelerated by the existing bulkhead to the east. Next, grading the
bluff top back to a natural angle of repose will remove at least four to six feet from the existing
top edge, decreasing the set back of the proposed house. Perhaps the size of the house can
be decreased and/or placed closer to the right of way road. Once the bluff top is cut back to a
stable angle of repose, the face may be planted to 'Cape' American Beachgrass, purchased
from a certified grower. A list is enclosed for your records, along with the Bluff Stabilization
RIVE9HEAD COUNTY CENTER 300 CENTER DRIVE, ROOM N-210 RIVERHEAD, NY 11901
-2-
Standards and the Planting Recommendations. Other salt and drought tolerant species
of plants may also be planted along with the Beachgrass, such as; weeping Iovegrass,
sand Iovegrass, big bluestem, and little bluestem and shrubs such as rugosa rose or
bayberry.
Sincerely,
Paul A. TeNyenhuis, Distdct Technician
United States
Department of
Agriculture
Natural Resources
Conservation
Service
Riverl Count), Center
Room E-16
Riverhead, New York 11901
Exhibit XI
July 22, 1997
Mary Elizabeth Murphy
25 East 10th Street 4F
New York, NY 10003
Dear Ms. Murphy:
On July 10th 1997 I met with Sonya Hagna at the property offof Bridge Lane in Cutchogue, tax
map number 1000-73-2-3.3. Ms. Hagna requested that a report of the recommendations be
written and sent to you regarding the blufferosion problem you are experiencing.
The toe of the slope needs protection. The adjacent property directly east and st~veral others in
close proximity to the west have bulkheads. These existing bulkheads alter the wave action and
transmit the water's power to the non-bulkheaded parcels. The toe of the slope is critical to
protecting the whole bluff. A properly constructed bulkhead or other form of toe protection is
necessary.
The top of the bluffis nearly vertical. There is also a lot of overhanging branches, roots and
shrubs. Any obstructing material should be removed. The vertical portion should be cut back to
a more natural angle of repose and then planted with the appropriate plant material. Appropriate
material includes: Rugosa rose, shore juniper, bayberry and dwarf sand cherry. I have enclosed
several plant sheets for your review. Surface water should not be allowed to over top the bluff.
There should be a slight slope toward the south leading away from the bluff's edge.
The face of the bluff should be at a natural angle of repose for sand. Any dead trees, shrubs or
large material should be removed. Cape American beachgrass should be planted. The best time
to plant beachgrass is from October 15th to April 15th with the best time being in the late
winter/early spring after the threat of major storms are over. Planting at this time will allow the
plants to establish themselves for a full growing season before winter, increasing their'survival
rate. Adapted shrubs and vines can be added after the grass is established. Material such as
rugosa rose, bayberry, beachplu.rn or Virginia creeper are acceptable.
Before winter's onset, a temporary planting of weeping lovegrass or cereal rye can be employed
to help keep the sand in place. They should be planted in the early fall to be established by
winter.
I have enclosed the plant sheets, a plant directory, and also a technical note on the proper care for
a bluff.
If you have any questions, please don't hesitate to call.
Sincerely,
Brian Zimmerman
(1998 shot
Exhibit XII
OMPARISON OF BLUFF SLOPE
of Li/Neuman Bluff Compared to 1960's Murphy photos)
1998
EASTERN BOUNDARY BLUFF SLOPE
(Based on Ehlers Survey)
Scale: 60' 1")
1 'roe of
~45~
Bluff
:Jo
65
Exhibit XIII
Published at Washington, D~C.
U.S. DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPIIERIC ADMINISTRATION
NATIONAL OCEAN SERVICE
COAST AND GEODETIC SURVEY
(Shelter Island Sound and Peconic Bajs)
SOUNDINGS IN FEET-SCALE 1:40,000 1Sth Ed., Apr.~94 ·
12358
46 43 54 ....
......... 7 ~ ..... ~o "~"~
'-........27.'.' ......... ~,, 3~ ..... -~,, ....
10 3
t4Bi '~6' 03"~ i6B,~i'
isa
./
'x
%`
/
'x
\
%`
\
%`
llOl MAX1Mt~ OF__
F2~II~E~ THIEE YEAR~ FROM DATE OF ,a
SEPTIC DETAIL
noL Lo stole
69.0
GRAPHIC SCALE
75.0
70.0
1"= 60'
%
%`
\
\
\
%`
\
o.o' 5{,~VEYE.D II - 5 -
Io' 4.-27-~,
SUFFOLK GOUN'71' TAX HAP
IOOO 0~ 02 ~.~
%`
\
NOTE5,
· DENOT'E5 MONUHENT FOUND
(9 DENOTe5 PIPE FOUND
LOT A~A = 41,41q 5.P. O~ O.~5 AC~
r__.,ERTIFIED TO,
f'4A~"¢ ELIZABETH 1,4UR.PHT'
TICO~ TITLE (:~AP. ANTEE GOMPAN¥
%` /
c~,
%`
\
\
JOHN C. EHLERS LAND SURVEYOR
6 EAST HAIN STREET
RIVERHEAO, N.Y. 11901
RICHARD F. LARK
MARYLOU FOLTS
(516) 734~807
November 6, 1998
Mrs. hinda Kowalski
Southo!d Town Board of Appeals
Southold mown Hall
53095 Main Road
P. O Box 1179
Southold, New York 11971
RE: Agpeal No 4609
. .,~ u .
'
RFh/bd
_~i~tates
Department of
Agriculture
Natural Resources
Conservation
Service
Riverh~County Center
Room E-16
Riverhead, New York 11901
July 22, 1997
Mary Elizabeth Murphy
25 East 10th Street 4F
New York, NY 10003
Dear Ms. Murphy:
On July 10th 1997 1 met with Sonya Hagna at the property offof Bridge Lane in Cutchogue, tax
map number 1000-73-2-3.3. Ms. Hagna requested that a report of the recommendations be
written and sent to you regarding the bluff erosion problem you are experiencing.
The toe of the slope needs protection. The adjacent property directly east and several others in
close proximity to the west have bulkheads. These existing bulkheads alter ihe wave action and
transmit the water's power to the non-bulkheaded parcels. The toe of the slope is critical to
protecting the whole bluff. A properly constructed bulkhead or other form of toe protection is
necessary.
The top of the bluffis nearly vertical. There is also a lot of overhanging branches, roots and
shrubs. Any obstructing material should be removed. The vertical portion should be cut back to
a more natural angle of repose and then planted with the appropriate plant material. Appropriate
material includes: Rugosa rose, shore jtmiper, bayberry and dwarf sand cherry. I have enclosed
several plant sheets for your review. Surface water should not be allowed to over top the bluff.
There should be a slight slope toward the south leading away from the bluff's edge.
The face of the bluff should be at a natural angle of repose for sand. Any dead trees, shrubs or
large material should be removed. Cape American beachgrass should be planted. The best time
to plant beachgrass is from October 15th to April 15th with the best time being in the late
winter/early spring after the threat of major storms are over. Planting at this time will allow the
plants to establish themselves for a full growing season before winter, increasing their survival
rate. Adapted shrubs and vines can be added after the grass is established. Material such as
rugosa rose, bayberry, beachplum or Virginia creeper are acceptable.
Before winter's onset, a temporary planting of weeping lovegrass or cereal rye can be employed
to help keep the sand in place. They should be planted in the early fall to be established by
winter.
I have enclosed the plant sheets, a plant directory, and also a technical note on the proper care for
a bluff.
If you have any questions, please don't hesitate to call.
Sincerely,
Brian Zimmerman
~68.
t, t8 ~. '~.6' 03' E
I · PLI
Sanflary ~s
P
Sanita~ system
uncier
rea.
~ot to
20' l~..O .1~I. ~
15'
SUta, VE'K Ot= LOT ~ ~
HINOI~ ~UBDI¥1.~ION
FOR t~OBIN A. fa, d~IEt~URN ~
MARK I=LIZAt~I=TH HUt~.PH'f'
!EXOAVATO ' REQUIRED I
TOPII, I OF 50UTHOL~
I FOR SANITARY 8YSTEM I
JEST HO.L~.y HEALTH D~EsT HOL j~ ~/.JFFOLK COUNTY',
LOaNJ J
LO'
H ii'~ ~UFI=OLK C~UNI'~ TAX HAP
~oa~ lO00 0~ 02
NOTES~
25 E. 10th St.
New York, N.Y. 10003
(212) 777-3489
LICENSED REAL ESTATE BROKER
October 15, 1998
Ms. Linda Kowalski
Zoning Board of Appeals
Southold Town Hall
Southold, NY 11971
Re: Variance on Murphy Property - Location of new dwelling
1000-73-2-3.3
Dear Ms. Kowalski:
Thank you for Chairman Goehringer's letter of 10/7/98
summarizing the Board's requests following a site visit.
I think we can 6omply quickly with these and the following
outlines our response and/or existing exhibits, beginning
with Item #3 and moving up:
#3
Suffolk County Soil and Water
On 7/10/97 I met with Brian Zimmerman at the property.
H~ re~_9.~t, of 7/22/97 is attached. I think any purchaser
would do all of these for both cosmetic and anti- erosions
reasons.
2 Photoqraphs From the Beach.
This is ~ copy of the xerox submitted to the DEC
in May, 1998, showing the location of the photographs
directly on the survey. We have much later photographs
as well.
#1 The Surveyers Field Visit
Mr. John Ehlers original survey was made on 11/5/97.
We have cut walking paths from the Bokina Road to the
footprint and from the Northeast corner of the footprint
to the bluff. This path to the bluff is approximately
42' and it represents the closest point of the dwelling
to the blDff. We will place a marker at this point on the
bluff.
As you know this property is on the market, we have
missed the October meeting but we must make the November
meeting. I have placed a call to Brian Zimmerman to ask
him if he would meet with me again to examine the positioning
of the dwelling and the condition of the bluff relative to
his July, 97 site visit.
It seems to me that this would be the best way to comply with
the Boards requests. I will phone your office this afternoon
to see if you think this would be satisfactory.
Again thank'you very much for all your help.
Sincerely,
~onya Hagna
c.c. Richard Lark, Esq.
Pp.o p e-w~Y
pho ,-b -C4-~ x~
OFF[CE OF
BOARD OF AP:PqZAZS
765-18o9 Z:BA tel
765-9o64 Z:B~I telefax.
October 8, 1998
Suffolk County Soil & Water Conservation
County Center, Room N-210
Riverhead, NY 11901-2100
Re: New Dwelling less than 50'from top of sound Bluff
ROW off North side of Oregon Road, Cutchogue (Murphy)
Gentlemen:
We have received an application requesting a variance to locate a new dwelling
as shown on the attached survey.
When the property was visited by Member(s), areas were noted near the lip of
the bluff to be unstable. We have recently asked applicant to have a surveyor or
engineer provide a property marker at a stable area on top (and then measured to
the closest corner of the proposed dwelling). The property is vacant and heavily
vegetated landward of the bluff.
May we ask for an evaluation and suggestions regarding the proposed dwelling
project and the present status of the bluff. Also enclosed is a copy of the Suffolk
County Tax Map showing the general area. Thank you for time and assistance in
these projects.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosures
Department of
Agriculture
Conservation
Service
Riverhead Count~' Center
Room E-16
Riverhead, New York 11901
July 22, 1997
Mary Elizabeth Murphy
25 East 10th Street 4F
New York, NY 10003
Dear Ms. Murphy:
On July 10th 1997 1 met with Sonya Hagna at the property offof Bridge Lane in Cutchogue, tax
map number 1000-73-2-3.3. Ms. Hagna requested that a report of the recommendations be
wr'/t~en and sent to you regarding the blufferosion problem you are experiencing.
The toe of the slope needs protection. The adjacent property directly east and several others in
close proximity to the best have bulkheads, These existing bulkheads alter the wave action and
transmit the water's power to the non-bulkheaded parcels. The toe of the slope is critical to
protecting the whole bluff. A properly constructed bulkh?ad or other form of toe protection is
necessary.
The top of the bluffis nearly vertical. There is also a lot of overhanging branchesl roots and
shrubs. Any obstructing material should be removed. The vertical portion should be cut back to
a more natural angle of repose and then planted with the appropriate plant material. Appropria[e
material includes: Rugosa ros~, shore juniper, bayberry and dwaffsand chetrT. I have enclosed
several plant sheets for your review. Su. tthce water should not be allowed ~o over top the bluff.
There should be a slight slope toward the south leading away from the bluff's edge_
The face of the bluffshould be at a natural angle of repose for sand. Any dead t~-cs, shrubs or
larse material should be removed. Cap, American beachgrass should be planted. The best time
to plant beachgrass is from October 15th to April 15th with the best time being in the late
winter/early spring after the threat of major storms are over. Planting at this time will allow the
plants to establish themselves for a full growing season before winter, increasing their survival
rate. Adapted shrubs and vines can be added after the grass is established. Material such as
rugosa rose, bayberry, beachplum or Virginia creeper are acceptable.
Before winter's on.qet, a temporary planting of weeping lovegrass or cereal rye can be employed
to help keep the sand in place. They should be planted in the early fall to be established by
winter.
I have enclosed the plant sheet,, a plant directory, and also a technical note on the proper care for
a bluff.
If you have any questions, please don't hesitate to call.
Sincerely,
Brian Zimmerman
COUNTY OF SUFFOLK
SOIL AND WATER
CONSERVATION DISTRICT
FAX: (516) 727-3160
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
Thomas J. McMahon
DISTRICT MANAGER
(516)727-2315
To:
Gerard P. Goehringer, Chairman
Southold Town Board of Appeals
53095 Main Road
Southold, NY 11971
October 16, 1998
Dear Mr. Goehringer:
We have made a site inspection of the Property known as Lot 3 of the Minor
Subdivision for Robin A. Raeburn and Mary Elizabeth Murphy, SCTM# 1000-073-2-3.3.
The property is in fact heavily vegetated landward of the bluff. However, much of the
center of the lot was cleared and the proposed house location was staked out and taped off.
A measurement to the bluff top edge from the proposed house corner was not made, however
it appears that the surveyors estimate is probably correct. It appears that the predominant
slope of the lot is away from the bluff top edge. The edge of the bluff top is unstable,
consisting of a vertical to overhanging lip which should be cut back to a natural angle of
repose. The bluff face is mostly bare with annual weed cover in spots. Rills or small gullies
are on the bluff face, most likely due to the loamier soils sloughing off from above, eroded by
each rainfall. There is no Toe Stabilization present on this lot or on the lot to the west. A
bulkhead exists on the lot to the east. Toe Stabilization is recommended here, so contact Jay
Tanski at the New York Sea Grant Extension Service, phone 632-8730 for recommendations.
He is an expert on Hardening Structures and will be able to make the best recommendations
on the proper course of action.
First stabilize the toe of the bluff. Without toe stabilization the face will continue to
actively erode and may be accelerated by the existing bulkhead to the east. Next, grading the
bluff top back to a natural angle of repose will remove at least four to six feet from the existing
top edge, decreasing the set back of the proposed house. Perhaps the size of the house can
be decreased and/or placed closer to the right of way road. Once the bluff top is cut back to a
stable angle of repose, the face may be planted to 'Cape' American Beachgrass, purchased
from a certified grower. A list is enclosed for your records, along with the Bluff Stabilization
RIVERHEAD COUNTY CENTER 300 CENTER DRIVE, ROOM N-210 RIVERHEAD, NY 11901
-2-
Standards and the Planting Recommendations. Other salt and drought tolerant species
of plants may also be planted along with the Beachgrass, such as; weeping Iovegmss,
sand Iovegrass, big bluestem, and little bluestem and shrubs such as rugosa rose or
bayberry.
Sincerely,
Paul ^. TeNyenhuis, District Technician
~ Dspmrlmenl el
.* ~ Aerlcullur®
SoU
Service
Northea81 Te~hnlo. I
TECHNICAL
NOTE
PLANT MATERIALS NO, 11
STABILIZATION OF ERODING BLUFFS EXPOSED TO FLUCTUATING TIDES
The erosion of high sandy bluffs along ocean fronts has challenged
conservationists since they were first observed. Typical. of such
bluffs are those along tile north shore of Lon~, Island. The soil
material is sandy and erosive, easily moved by wind or water. Blufl~
height varies from a fe~ feet up to ~e[1 over a hundred feet. The
elope ts usually about 1:1, or aC ~ha:ever angle the material ts
stable. ~ey may appear as aho~n below.
sloplng the wrong direction
overhanging lip
;;~':'~'~',,./.'"-7 remonenls of old
' ,~,L~/' ~ vegetotion, boulders, etc.
"~ / ~normal high
Typical characteristics of eroding blu[fe exposed to tidal fluctuations,
OlST: NE S, T, NO Prepared by W. Curtis Sharp
Plant Haterials Specialist
July 8, 1983
2
Numerous attempts have been made by lando~raere to stabilize the slopes.
Only a few have succeeded. No procedure can guarantee a permanent
solution, but some have significantly showed erosion over several years.
From these, it appears tile following is essential:
1. Do not allow surface water to go over top of the slope.
2. Remove the overhanging lip at the top of the slope.
3. Provide protection at the toe of the slope with a low, well
constructed bulkhead. There may be circumstances where the
beach is sufficiently wide that this is not necessary, but
it will be unueual. If thia should be tile case, tim use of
marsh building vegetation on the beach should be considered.
If a bulkhead is used, leave a level area in back of it if
adequate beach permits. This is to be heavily vegetated
with American beachgrass. I{aves that break over a low bulk-
head can dispense some of their energy here, rather titan
battering a higher one or dashing against the slope above
the bulkhead.
diverted away from slope
ging lip removed
well vegetated slope
well vegetated level
constructed
bulkhead
,I high
Typical of procedures that have had a desirable long term effect on
slowing bluff erosion.
(TN PLANT MATERIALS 11, July 8, 1983)
4. Vegetate slope. This will further protect if from any waves
overtoping the b~lkbead and reaching tile back of tile vegetated
level area. Use ^mericon beaebgrass for this also, transplanted
in the early spring. Plant three colms per hill, each hill
12-18" apart. Fertilize in April ~-~ · ..... ~ :ks ~' t ye&.
with 25 pounds of complete fertilizer for each 1.000 square feet.
Repeat the fertilizer treatment each year in April only.
5. Adapted shrubs and vines eon be added when the slope is well
stabilized with grass. Species include bayberry, rngosa rose,
Virginia creeper, beach plum, flame leaf sumac, etc.
6. Keep trees off slope.
Naintennnee of the bolkhesd sad vegetated elope will be required on a
continuo~,e basJs. Keep well fertilized, remove debris from planted
areas, keep all water diverted from elope, do not over ~rrigate the
lawn above, avoid excessive foot traffic and repair any damaged or
eroding areas.
(TN PLANT NATER~[ALS I1, J~slv 8, 1983)
A Directory of
SALT TOLERANT GRASSES
FOR COASTAL AREAS
SELECTED HERBACEOUS PLANT MATERIAL
American beachgrass plant
(Ammophila breviligulate)
Bermudagrnss seed
Bluestem. Causasian seed
(Bothrioehloa caucasicus)
Bluestem, big
(Andropogon gerardi)
seed
seed
seed
seed
'Cape'
'Quickstand'
Common
'Bison'
'Champ'
' Kaw'
'Niagara'
4, 8, 9, 10, 12, 13,
14, IS, 18, 20, 22,
23, 29, 30, 32, 42,
44, 46, 47, 51, 61
39
54
24
57
6, 45, 54, 57
24, 54,
Bluestem, little
(Schizaehyrim scoparius)
Cordgrass, saltmeadow
(Spartina patens)
Cordgrass, smooth
(Spartina alterniflora)
seed
seed
seed
seed
seed
seed
plant
plant
'Pawnee'
'Roundtree'
'Aldons'
'Blaze'
'Camper'
'CJmarron'
'Avalon'
'Bayshore'
6, 24, 45, 57
6, 24, 45, 54, 57
6, 24, 45, 57
24, 45
6, 24, 45, 57
54, 57
4, 15, 16, 18, 29,
30, 36, 47, 61
4, IS, 16, 30, 47
-2-
Gamagrass, eastern seed
(Tripsacum dactyloides)
Lovegrass, sand
(Eragrostis trichodes)
seed
Lovegrass, weeping
(Eragrostis curvula)
seed
Panicgrass, coastal seed
(Panicum amarum var. amarulum)
Switchgrass seed
(Panicum vargatum)
seed
seed
seed
seed
seed
seed
seed
'Pete'
Common
Common
'Atlantic'
' Blackwell'
Cave-in-Rock
'Dakota'
'Forestburg'
'Nebraska 28'
'Pathfinder'
'Shelter'
'Trailblazer'
54, 57
6, 24, 45, 54, 57
3, 57
4, 7, 19, 24, 33, 34,
61, 62
24, 45, 54, 57
24, 45, 54, 57
45
45
45, 57
45
24, 54
45, 57
REFERENCED DEALERS
OF HERBACEOUS PLANT MATERIAL
I. Agri-Culver
3900 Mclntyre
Trumansburg, NY 14886
(607) 387-$788
2. Appalachian Nurseries
P.O. Boa 87
Waynesboro, PA 17268
(717) 762=4733
3. Beachley-Hardy
Box 336
Camp Hill, PA 17011
4. Benedict Nurseries (Glen Jr.)
Box 347-A
Pemberton Drive
Salisbury, MD 21801
PH: (410) 228-2540
(410) 742-2266
5. Blackledge Nursery
Rt. 3-n4
Salem, CT 06415
PH: (230) 859-2428
6. Bluestem Seed Co. (George Gates)
Rt. 3, Box 32
Grant City, MO 64456
PH: (816) 786.2241, (913) 642-7106
7. Bob Turner Seed Co.
Rt. I, Box 292
Breckenridge, TX 76024
PH: (817) 5-n9-2065
(800) 722-8616
8. Bozard, Norman
221 Foster Road
Orangeburg, SC 29115
9. Brievoge, Carl
54 South Road, P.O. Box 241
Falmouth, MA 02540
PH: (508) 457-969fl
10.
I1.
12.
13.
14.
15.
16.
17.
Bunting, Greg
Cape Farms
RD #1, Box E 134A
Lewes, DE 19958
PH: ((302) 945-1840
C.P. Daniel's Sons
P.O. Box 119
Waynesboro, GA 30830
PH: (d04) 554-2446
Carpenter, Don
Carolina Seacoast Beach Plants
P.O. Box 1194
Morehead City, NC 28557
PH: (919) 240-2415
Church's Greenhouse & Nursery
522 Seashore Road
Cape May, NJ 08204
PH: (609) 884-3927
Clarkson, Phil
P.O. Box 357
Tuckahoe, NJ 08250
PH: (609) 628-24-6
Coastal Nurseries, Inc.
Arnold Clemenson
P.O. Box 42
Maurlcetown, NJ 08327
PH and FAX: (609) 476-3903
Coastal Wetlands Nursery, Inc.
James Stover
P.O. Box 1018
Gloucester Pt, VA 23062
PH: (804) 693-2619
Crowshaw Nursery
P.O. Box 339
Columbus, NJ 08022
PH: (609) 298-0477
18. Cullipher, Louis
1449 Princess Anne Road
Virginia Beach, VA 22456
PH: (804) 426-2212
19. D.W. Moore
306 Pave Street
Cheraw, SC 29250
20. Dubreville, Steve & Phil
Old Cellar Creek Farms
801 N. Shore Road
Beeselys Pt., NJ 08223
Pil: (609) 390-0806(Phil)
21. Ecoscience Nursery
RR 4, Box 4294
Moscow, PA 18444
PH: (717) 842=763 !
22. Edwards Nursery
Curdett Farm Road
P.O. Box 307
Macclesfield, NC 28752
PH: (919) 827-4518
23. Environmental Concern
P.O. Box P
St. Michaels, MD 21663
(410) 74~-9620
24. Ernst Conservation Seeds
9006 Mercer Pike
Meadville, PA 1633fi
PH: (814) 425-7276 (800) 873-3321
25. Fine, Harold
24 Smith Street
Rehoboth, MA 02769
PH: (508) 222-3477
26. Forest Claudili
1201 Story Avenue
Louisville, KY 40406
-2-
27.
28.
29.
30.
31.
Forrest Keeling
Elsberry, MO 63343
PH.' (314) 898-5571
Gamagrass Seed Co.
Rt. 1, Box IliA
Falls City, NE 68355
PH: (402) 245-5842
Goldsmith, Wendi
Bes~nan Green Systems
7 Mall Street
Salem, MA 01970
Pll: (508) 741-1166
I1.R. Talmage & Son
Att: Ellen Talmage-Friar's Farm
26 Sound Avenue, RFD #1
Riverhead, NY 11901
PH: (516) 727-0124
Hanchar, Frank
Rd I, Box 118
Mahaffey, PA 15757
PH: (814) 277-6674
32.
Harper, William
Route 1, Box 244
Rhodesdale, MD 21659
PH: (410) 943-4173
33. Horticultural Systems, Inc.
Otto Bundy
P.O. Box 70
Parrish, FL 33564
PH: (813) 776-1760
34. Indigo Marsh
2236 lseman Road
Darlington, SC 29532
PH: (803) 39~-0420
35. Kester Nurseries
P.O. Box V
Omro, WI 54963
PHi (414) 685-2929
36. Knezick, Don
Pinelands Nursery
RR 1, Box 12 bland Road
Columbus, NJ 08022
PH: (609) 291-9486
37. Lake Country Nursery
Box 122
Perry, OH 44081
PH: (216) 259-5571
38. Lawyer Nursery
950 Hwy. 200 West
Plains, MT 59859
PII: (406) 826-3881
39. Mid-Tennessee Turf
PH: (615) 728-0583
40. Musser Farms
P.O. Box 340
Indiana, PA 15701
PH: (412) 465-5686
41. Newsom Seeds, Inc.
14 Derwood Ci.
Rockville, MD 20850
PH: (301) 762=2092
42. Norwood, Ben,
c/o Norwood Farms
508 Cedar Avenue
McBee, SC 29191
PH: (803) 33fl-5522
43. Octoraro Nurseries
P.O. Box 24
Oxford, PA 19363
PH: (215) 932-3762
44. Ord, Judy
1145 Fathom Road
Manahawkin, NJ 08050
45. Osenbaugh Grass Seeds
RR 1, Box 106
Lucas, IA 50151
PH: (515) 766-6476
-3-
46.
Parfyka, Jack
97 Heaton Orchard Road
West Kingston, RI 02892
PH: (401) 789-8187
47.
Peat & Sons
32 Old Country Road
Westhampton, NY 11977
PH: (516) 288-3458
48. Pike's Peak Nursery
RD 1, Box 75
Penn Run, Pa 15765
PH: (412) 463-7747
49. Piue Grove Nursery
RD 3
Clearfield, PA 16830
Pll: (814) 765-2363
50. Pinelands Nursery
323 Island Road
Columbus, NJ 08022
PH: (609) 291-9486
51.
Seabury Farm
2560 Main Street
West Barnstable, MA 02668
PH: (508) 362-4595
52. Seed, Inc.
307 Horsham Road
Horsham, PA 19044
PH: (215) 675-2186
53. Seedway
Box 250
Hall; NY 14463
PH: (716) 526-6391
54.
Sharp Brothers Seed co.
Rt. 4, Box 237A
Clinton, MO 64735
PH: (816) 88fi-7551
55. Sheppard Farms
Clifton Hill, MO
PH: (816) 261-4567
-4-
fl6. Southern Tier
P.O. Box 550
Portvme, NY 14770
PH: (716) 933-6169
fl7. Stock Seed Farms
RR 1, Box 112
Murdock, NE 68047
PH: (402) 867=3771
58. Sylvia Native Nursery
RD 2, Box 1033
New Freedom, PA 17349
PH: (717) 227-0486
59. Valley Seed Co.
Sugarloaf, PA 17011
Pll: (717) 788-3338
60. Van Pines Nursery
West Olive, MI 49460
PH: (616) 399-1620
61. Walpole & Legare Turf Farm
2442 Hanscombe Road
Johns Island, SC 29455
PH: (803) 559-0763
62. Walters, Bill (Turner Seed & plants)
RD 1, Box 197
Greenwood, DE 19950
PH: (302) 349-4478
63. Waynesboro Nurseries
P.O. Box 987
Waynesboro, VA 22980
PH: (703) 942-4141
A Directory of
SOURCES OF SALT TOLERANT SHRUBS
FOR COASTAL AREAS
REFERENCED NURSERIES
SCIENTIFIC NAME
SHRUBS - DECIDUOUS
Bayberry, 'Wildwood'
1, 4, 9, 10, 13, 18,
22
Bristly locust, 'Amot'
Robina ferfilis
15, 17, 20, 23
Beachplum, "Ocean View'
Prunus maritima
1, 4, 9, 13, 18, 21,
22
Rugosa rose, 'Sandy'
Rosarugosa
1,4,6,7,9,10,13,
21,22
Shore Juniper, 'Emerald Sea'
2,3,5,8,9, 11, 12,
14, 16, 19
REFERENCED NURSERIES FOR SHRUBS
Benedict, George Jr.
1054 S. Salisbury Blvd.
Salisbury, MD 21801
(410) 228-2540
Ferruci Nurseries
Piney Hollow Rd. & Victoria Ave.
Newfield, NJ 08344
(609) 697-1950
2. Callis, Mike
c/o Woodbourne Cultural Nursery
301 Colonial Spring Road
Melville, NY 11747
(718) 343-6400 FAX: (516) 249-2320
3. Centerton Nursery
RD #5, Route 553
Bridget#n, NJ 08302
(609) 455-0926
Coastal Nurseries, Inc.
Arnold Clemenson
P.O. Box 42
Mauricetown, NJ 08327
(609) 476-3903 FAX: (609) 476-3903
Environmental Concern, Inc.
210 West Chew Avenue
P.O. Box P
St. Michaels, MD 21813
(410) 745-9620
6. Erie Perennial Farm
Attn: Terry O'Brien
3052 Kulp Road
Eden, NY 14057
(716) 992-9466
Fine Tree Farm
24 Smith Street
Rehoboth, MA 02769
(508) 222-3477
10. Friary, Tim
Seabury Farm
2560 Main Street
West Barnstable, MA 02668
11. Gilberts Nursery
Route 01
Chesnee, SC 29323
12. Hanchar, Frank
RD 01, Box 118
Mahaffey, PA 15757
13.
Hines Nursery
c/o Charlotte LeBianc
P.O. Box 1449
Vacaville, CA
(800)777-1097 FAX:(707) 446-4700
14. Monrovia Nursery
P.O. Box Q
Azusa, CA 91792
(800) 356-2874 FAX:(818) 334-9321
e
Farley, Jane
Perennial Plus
3926 NE Avenue
Castle Hill, PA 17011
(717) 737-6616
15. Musser Forests
P.O. Box 340
Indiana, PA 15701
(412) 465-5686
-2-
16. Phyto-Ecology
Box 303, Rt. 480 & Junction 312
Ridley, MD 21660
(410) 634-2526
17. Pine Grove Nursery
RD 03
Clearfield, PA 16830
(814) 765-2363
18. Ott, Robert
209 Old Cranberry Road
Cranberry, NJ 08512
(609) 395-1366
19. Rhodo-Lake Nursery
Rolland DeWilde
Rd #1
Bridgeton, NJ 08302
(609) 451-5877
20. Saratoga Nursery
Rte. 5
Saratoga Springs, NY
(518) 885-5308
21. Sjulin Nurseries
502 E Street, P.O. Box 205
Hamburg, lA 51640
(800) 327-4655 FAX:(712) 382-2411
22. Velozo, David A.
112 N. 33 Street
Camp Hill, PA 17011
(717) 737-6616
23. Warren County Nursery
Rt.2, Box 204
McMinnville, TN 37110
(615) 668-8941
COHBERVATXON pL~HTB FOR THE NORTKBABTERN UNXTBD BTATEB
UBD& - HI,TUBAL RBBOUR(~BB COHBERVATXON 8ERVX(IB
CONSERVATION PL~d~T SHEET NE-28
(flmmophila breviliguleta Fern.)
NRCS Plant symbol= AMBR
~t Native, perennial, rhizomatous cool lesion grass
UIIBI American boachgrass is the predominant plant species utilized along the
Atlantic end Groat Lakes coastlines for initial stabilization of fronts1 sand
dunes. It hms also boon utilized on extreme, non-dune sites, memo having high
salinity levels and droughty conditions, for erosion control and initial
I~j~7~F~t American beechgress lo · leafy, spreading, strongly rhizomatous
grass, prOducing up to of 100 stems per clump annually. This grass species
will spread up to 6-10 feet annually by subsurface rhizomos, zt wLlZ grow to
2 Or 3 feet tall, tolerating annual over-topping accumulations of sand up to a
foot. The loaves have deeply furrowed upper surfaces and smooth undersides.
The long narrow loaves may become rolled or folded when exposed to intense
heat, excessive sunlAght, or drying winds. Another moisture conservation
attribute Of American boachgrass, Is that the rough upper Leaf surface,
containing stomata, will orient itself away from winds. The seedhead emerges
in late July or August as a spike-like panicle at the plants terminus. This
multi-flowered panicle extends about ten inches above the leaves. Seed
prOduction Ls usually poor.
Regional Wetland Indicator Statusz FACU-
Varieties and Sourcosz There are two
named varieties svalXable for
'Hatteras'. 'cape' was selected and
developed by the Cape May PMC then
released to the c~rcial market in
1971. 'Hsttoras' Is an older variety,
released by the North Carolina
Agricultural Experiment Station in the
early 60'e. It ia better adapted for
southern cl~nates. 'Cape' is considered
tho lndustry's standard, and has been
proven to out perform all other
vsriotios for conservation applications
from Maine to North Carolina..
Foundstion stock of 'Cape' is available
to co~mercial nurseries from tho Cape
Msy PMC in Now Jersey. Certified
material is available to the public from
numerous co~mercisl nurseries.
A~S~t This grail Il ·netLvo of
tho mid-Atlantic co&stal region from
~ains to North Csrolina and the Greet
Lakes. Xt will grow on seedy or other
course textured soils on inland sites
with or without high salinity, given
that suppiementsl fortlltlars are
sppliod. ThLm grams doom not tolorste
much soil moisture before it begins
sho~lng signs of slss.
~t Vegetative
establishment of A~erican
beachgrase, with dement ste~
divisions, from October 15 to
April l, le effective. Seed
produot£on Le sparse ac it is not
no~lly considered as an
establishment option. For erosion
control ~d oover applications,
~ or ~e 18 2o R4 inch long
~s are~ohanLoally or hand
placed, 18 ~o 24 ~nohee apa~,
hole. On natural sand dunes and
e~Llar uneven terrain locations,
establishment is most productive by hand. If the site ia exposed to severe
wind erosion, spacing needs to be reduced to 12 inches and rows staggered.
Utll£zing an 18" spacing will require 38,720 culme per acre.
For nuree~ production, the soil should be ~ll ~orked prior to planting.
Single stms (12" to 18" long) should be planted one foot apart in
spaced w£der than 30 inches to match cultivation equipment. Hechanical
planting equipment Il ~et pr~uoY[ve under these site conditions for areas
greater than 1/2 acre.
~anaa~n~t Properly applied fertilizer is the key to good vigorous initial
grouch o£ newly established stands of ~rican beachgreee. &pplicat£one
providing between 30 end 60 lbs. of nitrogen per acre annually are adequate.
These annual fe~lliser amounts are ~re effective ~f split ~nto a epr~ng and
earl~ i..~z a~l~oat~on. The sprang application should be appl~ at leas~
30 dayl after eet~l~l~nt, but no earlier than April 1. Once the stand ia
egt~lAlhed, the rate of fe~lLze~ applied can be reduced by half, or applied
only when ~he stand ap~arg to be weakening.
Pedestrian or vehicular traffic that bends or breaks the culms will seriously
damage os kill the plants. On frontal dunes, areas devoid or with declining
coemun£tiee pose the threat of blowout. Replanting stands of beachgrass where
openings or voids have developed should be an annual maintenance procedure,
and exlueion of traffic with fencing is etronlgy advised.
1996
PLk%~NN ING~bO ~R.D
S U FFOL K'~O I~'N~T y
'~ $outhold, N.Y. 11971
~"~6) 765-1938
October 5, 1987
Mr. Rudy Bruer
Attorney at Law
Main Road
Southold, NY 11971
Raeburn/Murphy minor subdivision
SCTM ~ 1000-73-2-2,3
Dear Mr. Bruer:
Enclosed is an endorsed survey for the above mentioned
minor subdivision which has been approved by the Board.
Very truly yours,
D~ane M. Schultze, Secretary
Southold Town Planning Board
enc.
765-18o9 Z~d~ tee
765-9064 Z:~&~ te(efax.
October 7, 1998
l~ls. Nary E. Murphy
25 East 10~ St.
New York, NY 10003
Re: Variances - Location of New Dwelling 1000-73-2-3.3
Dear Ms. Murphy:
A site visit was made recently, as part of the application process. The above
application has been requested by Board Members, before sending notices out to
you for a public hearing date:
1) Updated certification from a surveyor or engineer confirming:
a) the date of the surveyor's field visit when the setbacks were
noted on the November 1997 survey (amended 4-27-98); and whether or
not there has been erosion in his opinion since that site visit;
b) that a surveyor or engineer will be placing a marker at a stable
ground area and re-measure the setback (if different from the original survey
setback) to the proposed dwelling location at its closest point.
2) Photograph(s) from the beach area, viewing the bluff areas of this
property and adjoining properties;
3) Request for evaluation regarding measures to stabilize the present
erosion and other suggestions from the Suffolk County Soil & Water
Conservation Distdct (which office may be contacted also by the owner at
727-2315, or visiting Room N-210, Suffolk County Center, 2nd Floor,
Page 2 - October 7, 1998~
Re: M. Murphy Parcel 1000-73-2-3.3
Southold Town Board of Appeals
Riverhead, NY 11901-2100). This organization is non-profit County agency
and is extremely helpful for erosion control and bluff stabilization
recommendations.
Upon receipt of the above, the Board expects to calendar this hearing for the
next available date with adequate notices as required by Chapter 58 of the Code.
When recommendations are received by us from the Suffolk County Soil and Water
District, we will notify you. Thank you.
Very truly yours,
GERARD P. GOEHRINGER
CHAIR~IAN
.APPEALS BOARD M~EM~EBS
Gerard P. Goehring~r, Chairman
Serg~ Doyen, Jr.
James Dinizio, Jr.
Rol~ A. Villa
Richard C. Wil~oa
Telephone (516) 765-1809
BOAP~D OF APPEALS
TOWN OF SOUTHOLD
March 22. 199~
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Ms. Becky' Johnston
q71 West 22nd Street
New York. NY 10011
Re: Appl. No. ~171 - Inspection of ROW. Improvements
ROW off N/S Bridge Lane, Cutchocjue,.(1000-73-2-1. 3.1. etc. )
Dear Ms. Johnston:
Upon receiving confirmation from you last week that the right-of-way, has
been cleared to the required height*and-improved, a further inspection*was
made. The right-of-way, is acceptable, at this.- time and. must be continuously
maintained at all times in,good conditions
By way of.: a copy of. this letter, we are asking, the Building Department to
flag their records to. show that each and every lot (Lot Nos. 3.1. 3.2. ~
and 1 at ~ion~Block 2J and having principal access within this
right-of-wa~ will need to also continuously, maintain' the entire length of
the right-of-way in good condition, and ~to return for an
updated New York Town Law~ Section 280-~..
Very truly yours.
GERARD P. GOEHRINGER
CHAIRMAN
cc: Building Department
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
DATED:
RE:
Southold Town Zoning Board of Appeals
Elizabeth A. Neville
August 18, 1998
Zoning Appeal No. ~609 - Mary Elizabeth Murphy
Transmitted herewith is Zoning Appeal No. ~609 - Mary Elizabeth Murphy
- Zoning Board of Appeals application. Also included is Notice of
Disapproval with Building Application attached, copy of survey, Power of
Attorney appointing Sonya Hagney, Short Enviornmental Assessment Form,
Applicant Transactional Disclosure Form, copy of cesspool construction
permit #1852R, Z.B.A. Questionnaire, copies of subdivision data, letters
from Sonya Hagna dated June 22, 1998 and August 17, 1998, letter from
N.Y.S. Department of Envlornmental Conservation dated May 28, 1998 and
letter from Town Of Southold Board of Trustees dated June 2, 1998.
25 E. 10th St.
New York, N.Y. 10003
(212) 77%3489
August 17, 1998
~. Linda Kowatski
Zoning Board of Appeals
Town Hall
Southold, N. Y. 11971
Dear Ms. Kowalski:
Enclosed please find a ZBA application for a variance for
Mary Elizabeth Murphy for her property on the sound bluff
in Cutchogue - 1000-73-2-3.3. This is an appeal for a vari-
ance for a 42 ft. setback from the bluff.
This package includes the following:
1. A check in the amount of $ ~/C~.~
2. A copy of the Bldg. Dept. Notice of Disapproval dated
Aug. 14, 1998.
3. A Power of Attorney giving me
Murphy's agent in real estate
4. A signed and notarized appeal
authority to act as Mary
transactions.
along with a short environmental
assessment, a completed questionaire and transactional
disclosure.
An original survey and six duplicates.
A copy of the Building Dept. application file dated June
25, 1998. This file does not include duplications such
as the Power of Attorney and surveys.
As you know we just got the Notice of Disapproval this morning
and Ms. Murphy's attorney, Richard Lark, has not had an opportunity
to review the variance application. However, as we just agreed
on the phone, I will Fed Ex the package this afternoon since
there is a possibility of making the September meeting. If
Mr. Lark wants to make any changes or corrections you would
have no problem.
Thank you very much for all your help.
Sincerely,
Sonya Hagna
c.c. Richard Lark
$OFIIJa
LICENSED REAL ESTATE ~ROKEg,
25 E. 10~h St.
New York, N.Y. 10003
(212) 777-3489
Town of Southold
Building Department
Town Hall
Southold, N.Y. 11971
June 22, 1998
Attention: Mr. John Boufis
Dear Mr. Boufis:
Enclosed please find a complete application package for a
building permit for Mary Elizabeth Murphy for her property
on the Sound in Cutchogue (Tax Map # 1000-73-2-3.3).This is
basically a "footprint" application and we anticipate a
Notice of Disapproval so we can proceed to the SBA for the
necessary variances. The contents of this package are as follows:
1 check in the amount of $75.00.
1 copy of Jan. 9, 1998 Power of Attorney giving me authority
to act as Murphy's agent in real estate transactions.
1 notarized original application.
I original stamped Health Department permit.
3 copies of an 11/97 survey by John C. Ehlers.
1 copy of Southold septic construction permit with a Town
receipt.
1 original non-jurisdiction letter from the Board of Trustees.
1 original non-jurisdiction letter from the DEC dated 5/28/98.
For your convenience, I have also enclosed copies of the following
actions related to the subdivision and the Johnston/Peacock
property on the east which uses the same rights-of-way:
1 copy of the 1987 subdivision approval and map.
1 copy of the 1987 action of the ZBA relative specifically
to Lot # 2 of the subdivision.
1 copy of a 3/94 ZBA letter to Becky Johnston notifying
her that the east/west ROW had been inspected and approved.
Thank you very much and I will call or come by your office
to make sure this is all in order.
S incerely~/~~/Sonya Ha gna c.c.Richard Lark,
Esq.
HOt'26'O3"E &68.2t'
PLEAS
Sanitary
NOTE
is not to
\
\
15'
TEST HOLE
-- 0.0'
\
\
\
\
HEALTH E~EPARThddNT
51LT¥
2~.0'
~l~GLE
APR 2 7 1998
x c~
\
\
\
\
\
[ SERVICES
,
\
\
\
FOR MAXIMUM OF __
EXPIRES THREE YEAI~
,(
\
\
\
\ ·
\
%
%
\
\
\
\
\
,,,
\
SEPTIC DETAIL
not to ~al~
PROPOSED
DWELLING
?5.0
GRAPHIC SCALE 1"= 60',,
%.
dOHN C. EHLERS LAND SURVEYOR
EAST HAIN STREET
RIVERHEAD, N,Y; 1190i
!i~369-8288 Fax 369-8287 *
5UF~'v'h-~ OF LOT # 5
MINO~ SUBDIVISION
t=0t~ R, OBIN A. I~A~I~I~,N $
MAf~¥ ~=LIZAE~I=TH MUI~PH¥
51TUA'rE:
50Ul'HOLD
~JFFOLK C<~JNTY, NY
5UI~.VETED II - 5-
AMENDED 12-02-q'f, 01-12-~¢,
4.-2'~.~t~
E~PPOLK ~ TAX HAP
I000 0'/'~ 02
NOTES,
N.Y.S. LIC, NO. 50202
Albert J. Krupski, President
John Holzapfel, Vice President
Jim King
Martin lq. Garrell
Peter Wenczel
BOARD OF TOWN T~USTEES
TOWN OF SOUTHOLD
Town Hail
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1892
Fax (516) 765-1823
Tune 2. 1997
$onya Hagna
?~O. Box 1036
gouthold. NY 11971
RE: SCTM# 73-2-3.3
Dear Ms. Sonya:
The proposed single family dwelling on the above referenced
property was reviewed by this office is found to be out of the
Trustees jurisdiction as per revised survey dated May 22, 1997.
This determination is not a determination from any other agency.
If you have any further questions, please do not hesitate to
call.
~rely,
g.
Albert J. Krupski,' Jr.
President, Board of Trustees
AJK:jmd
cc: Bldg. Dept.
New Yolk State Departml~t of Environmental Conservation
Building 40 - SUNY, Stony Brook, New York 11790-2356
Telephone (516) ~.~.~.-0365
Facsimile (516) ~.~.~.~373
Mary Murphy
25 East 10th Street, Apt.
New York, NY 100003
4F
May 28, 1998
John P. Cahill
Commissioner
Re: Application #1-4738-01957/00001
SCTM #1000-073-02-33
Dear Ms. Murphy:
Based on the information you have submitted, the New York State
Department of Environmental Conservation has determined that:
Ail the property landward of the Top of Bluff as shown on the
survey prepared by John Ehlers dated 11-5-97 last revised on 3-6-98
is beyond the jurisdiction of Article 25 (Tidal Wetlands).
Therefore, in accordance with the current Tidal Wetlands Land Use
Regulations (6NYCRR Part 661) no permit is required under the Tidal
Wetlands Act . Please be advised, however, that no construction,
sedimentation, or disturbance of any kind may take place seaward of
the tidal wetlands jurisdictional boundary, as indicated above,
without a permit. It is your responsibility to ensure that all
necessary precautions are taken to prevent any sedimentation or
other alteration or disturbance to the ground surface or vegetation
within Tidal Wetlands jurisdiction which may result from your
project. Such precautions may include maintaining adequate work
area between the tidal wetland jurisdictional boundary and your
project (i.e. a 15' to 20' wide construction area) or erecting a
temporary fence, barrier, or hay bale berm.
Please be further advised that this letter does not relieve you of
the ~esponsibility of obtaining any necessary permits or approvals
from other agencies.
Sincerely,
George W. Hammarth
Permit Administrator
cc: Sonya Hagna
File
Ileem~e Pete
lecob* P~
DURABLE GENERAL POWER OF ATTORNEY
NEW YORK STATUTORY SHORT FORM
THE POWERS YOU GRANT BELOW CONTINUE TO BE EFFECTIVE
SHOULD YOU BECOME DISABLED OR INCOMPETENT
Caution: This is an important document. It gives the person whom you designate (your "Agent")
broad powers to handle your property during your lifetime, which may include powers to mortgage,
sell, or otherwise dispose of any real or personal property without advance notice to you or approval by
you. These powers will continue to exist even after you become disabled or incompetent. These powers
are explained more fully in New York General Obligations Law, Article 5, Title 15, Sections 5-1502A
through 5-1503, which expressly permit the use of any other or different form of power of attorney.
This document does not authorize anyone to make medical or other health care decisions. You may
execute a health care proxy to do this.
If there is anything about this form that you do not understand, you should ask a lawyer to explain it
to you.
TH/S is intended to constitute a DURABLE GENERAL POWER OF ATTORNEY pursuant to Article 5,
Title 15 of the New York General Obligations Law:
~ MARY MURPHY, residing at 25 East 10th Street, Apt. 4F, New York,
New York 10003
do hereby appoint:
(insert your name and address) Apt. 4F
SONYA HAGNA, residing at 25 East 10th Street, /New York, New York 10003
(Ill person is to be appointed agent, insert the name and address of your agent above)
(If2 or more persons are to be appointed agents by you insert their names and addresses above)
my attomey(~)-in-fact TO ACT
(If more than one agent is designated, CHOOSE ONE of the following two choices by putting your initials in ONE
of the blank spaces to the left of your choice:)
[ ] Each agent may SEPARATELY act.
] All agents must act TOGETHER.
(If neither blank space is initialed, the agents will be required to act TOGETHER)
IN MY NAME, PLACE AND STEAD in any way which I myself could do, if I were personally present,
with respect to the following matters as each of them is del'reed in Title 15 of Article 5 of the New York
General Obligations Law to the extent that I am permitted by law to act through an agent:
(DIRECTIONS: Initial in the blank space to the left of your choice any one or more of the following
lettered subdivisions as to which you WANT to give your agent authority. If the blank space to the left
of any particular lettered subdivision is NOT initialed, NO AUTHORITY WILL BE GRANTED for
matters that are included in that subdivision. Alternatively, the letter corresponding to each power you
wish to grant may be written or typed on the blank line in subdivision "(Q)', and you may then put
your initials in the blank space to the left of subdivision "(Q)' in order to grant each of the powers
so indicated.)
_7;[
[
[
[
[
[
[
[
[
]
(A) real estate transactions; [
(B) chattel and goods transactions;
] (C) bond, share and commodity
transactions;
] (D) banking transactions; [
] (E) business operating transactions;[
] (F) insurance transactions; [
] (G) estate transactions;
] (H) claims and litigation;
] (I) personal relationships and affairs;
] (J) benefits from military service; [
] (K) records, reports and statements;
] (L) retirement benefit transactions;
] (M)making gifts to my spouse, children
and more remote descendants,
and parents, not to exceed in the
aggregate $10,000 to each of such
persons in any year;
] (N) tax matters;
] (0) all other matters
] (P) full and unqualified authority to my
attomey(s)-in-fact to delegate any
or all of the foregoing powers to
any person or persons whom my
attomey(s)-in-fact shall select;
] (Q) each of the above matters identified
by the following letters: ....................
(Special provisions and limitations may be included in the statutory short form durable power of attorney only
if they conform to the requirements of section 5-1503 of the New York General Obligations La*,:)
This Durable Power of Attorney shall not be affected by my subsequent disability or incompetence.
To induce any third party to act hereunder, I hereby agree that any third party receiving a duly executed
copy or facsimile of this instrument may act hereunder, and that revocation or termination hereof shall
be ineffective as to such third party unless and until actual notS,~]~ N~wledge of such revocation
or termination shall have been received by such third party, and I f~ B~'and for my heirs, executors,
legal representatives and assigns, hereby agree to indemnify and hold harmless any such third party
fro.m and against any and all claims that may arise against such'ii/i~ ~i~t~'~l~v reason of such third party
having relied on the provisions of this instrument, iiiiiiii]iiii!ii!
This Durable General Power of Attorney may be revoked by m~it ~;:'
'.I.'.'
JJrl -~gitlll~f~ ~9~rl~ll[, I have hereunto signed my name this day of Januar[, 1 9 9 8
(Signature of Principal) ,~- k,
Mary Murphy
S TAq"~E .OF
ACKNOWLEDGEMENTS
NEW YORK COUNTY OF ~ V~t/~- ss.:
On January ~, 1998 before me personally came MARY MURPHY
to me kn ,own and known to me to be the individual
and she 'acknowledged to me that s he
On
described in. and who executed the foregoing instrument,
executed the same./.
otary Publl/c , ~
PAULA DuSROgg
Notary P~b;ic, State of New York
COUNTY OF ss.: No. 31-4980902
- Oualif;ed in New York County ~
before me personally came [-omm~s..sion Expires ADri129. ~ 97./_~
to me known, and known to me to be the individual described in. and who executed the foregoing instrument.
and he acknowledged to me that he executed the same.
AFFIDAVIT THAT POWER OF ATTORNEY IS IN FULL FORCE
(Sign before a notary public)
STATE OF
COUNTY OF ss.:
being duly sworn, deposes and says:
1. The Principal within did, in writing, appoint me as the Principal's true and lawful ATTORNEY(S)-IN-FACT in the within
Power of Attorney.
2. I have no actual knowledge or actual notice of revocation or termination of the Power of Attorney by death or other,vise,
or knowledge of any facts indicating the same. I fia-~er represent that the Principal is alive, has not revoked or repudiated the
Power of Attorney and the Power of Attorney still is in full force and effect.
3. I make this affidavit for the purpose of inducing
to accept delivery of the following Instrument(s), as executed by me in my capacity as the ATrORNEY(S)-~N-FACT, with
full knowledge that this affidavit will be relied upon in accepting the execution and delivery of the Instrument(s) and in paying
good and valuable consideration therefor:.
Sworn to before me on
Publisher's Note: This document is printed on 100% cotton paper. Unlike ordinary photocopy paper, this stock resists
turning brittle and brown with age. Insist on genuine Blumbergforms to ensure the longevity of this important document.
The publisher maintains property rights in the layout, graphic design and typestyle of this form as well as in the company's
trademarked logo and name. Reproduction of blank copies of this form without the publisher's permission is prohibited. Such
unauthorized use may constitute a violation of law or of professional ethics rules. However, once a form has been filled in, photo-
copying is permitted.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF 'vITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
SOUTHOLD WASTEWATER DISPOSAL PERMIT
CONSTRUCTION OR ALTERATION PERMIT
SEPTIC TANK or CESSPOOL
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Permit No. 1852 R Residential X Non-Residential
Fee $ 10.00 Septic X Cesspool
PERMIT ISSUED TO:
Name : HAGNA, SONYA
Address 1: BOX 1036
City St Zip SOUTHOLD NY 11971
Descripton of Proposed Construction or Alteration
SANITARY SYSTEM FOR SINCLE FAMILY DWELLINC.
APPROVED AS SUBMITTED AND AS APPROVED BY THE SUFFOLK COUNTY DEPARTMENT
OF HEALTH SERVICES. REF #R10-98-0057
Name Of Owner
Mailing Address I
MURPHY, MARY ELIZABETH
25 EAST 10TH STREET
City St Zip
Property Address 1
NEW YORK CITY NY 10003
BRIDGE LANE EXT.
City St Zip
Tax Map No., section
Cross Street
Building Permit Number Cross Reference:
CUTCHOCUE NY 11935
73.00 block 2 lot 3.003
Issue Date: ~/29/98
Efizabeth A, Neville
Southold Town Clerk
(TOWN SEAL)
ELJZABETH A. NEVILLE, TOWN CLERK RECEIPT 6 9 0 2 7
Town of Southold
Sou{hold, New Yor~ 1 lg71
Phone: 516-765-1800 DATE .~4...~_,~ ~ ~ 19 ~'~
RECEIVEDOF '~ ~-~ ~.~'~,~ ~ , ' ~ $
[] CASH
TllANSACT][ONAL I}ISC[,OSURR FOItM
The Town of Southold's Code of Ethics prohibits conflicts of
interest on the parb of town officers and employees. The
purpose of this form is to provide information which can
alert the town of possible conflicts of interest and allow
it to take whatever action is necessary to avoid same.
(Last'name, first name, middle initial, unIesa
you are applying in the name of someone else or
other entity, much as a company. If so, indicate
the other person's or company's name.)
NATURE OF APPLICATION= (Check all that apply..)
Tax grievance
Variance //
Change of zone
Approval of plat
Exemption from plat or official map
Other
(If "Other," name the activity.)
Do you personally (or through your company, opou~e, sibling,
parent, or uhlld) have a relationship with any officer or
employee
by blood, ~arriage, or business interest. 'Business
interest" ~eane a business, includ~ng a partnership, in
which the town officer or employee has even a partial
ownership og (or employment by) a corporation in which
the ~own o~f~cer or employee owns more than §% of the
shares..
YES NO
If you answered "YES," ~omplete the balance of this form and
date and e~gn where indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself (the applicant)
and the town officer or employee. Either check the
appropriate line A) through D) and/or describe in the space
provided.
The town officer or employee or hie or her spouse, sibling,
parent, or child is (check all that apply){
A) the owner of greater than 5% of the shares of tile
corporate stock Of tile applic~nt (when the app].icant
is a corporation);
__B) the legal or beneficial owner of any interest in a
noncorporate entity (when tile applicant is not a
corporation);
__.C) an officer, director, partner, or employee of the
applicant; or
__.D} the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submitted this /~'day
199~
The N.Y.S. Environmental Quality Review Act reauires submission
of this form, and an envirnnmen~al review will be ~de by th~s board
before any action is taken.
SHORT ENVIRONMENTAL ASSESSMENT FO~M
INSTRUCTIONS:
(a) Zn order ZO answer the questions in this short F~%F it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of th~ action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes ~he project may be sig-
nificant and completed Environmental Assessment ~orm is necessary.
(c) If all questions have been answered No it is likely that the
project is not significant.
(d) Environmental Assessment
i. Will project result in a large physical change
to the project site or physically'alter more
than 10 acres of land? ~es
2. Will ~here be a major change to any unique or
un~ual land form on ~he site? __Yes ___/No
3. Will project alter or have a large effect on
an existing body of water? __YesF/NO.
4. Will project have a potentially large impact on
groundwater quality? __Yes ~o
5. Will project significantly effect drainage flow
on adjacent sites? Yes
W~__ project affect any t/Lreatened Or endangered
plant or animal species? Yes
7. Will project result in a major adverse effect on
air quality? Yes
8. Will project have a major effect on visual char-
acter of ~he co.?~unity or scenic views or vistas
known to be important to the community? Yes ~o
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontologica~
importance or any site designated as a critical
area by a local agency? Yes ~No
lO. Will project have a major effect on existing or
future recreational opportunities? Yes
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? Yes
13. Will project have any impact on public health
or safety? Yes
14. Will project affect =he existing community by
directly causing a growth in permanent popula-
period o__r have a major negative effect on ~he --
character of ~e community or aeighborhood?
*~s t,~ere public controversy concerning the
project?
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be attached.)
B.' Is the subject prenaises'listed on the real e~tate market
sale or being shown to prospective buyers? {~'} Yes
{ } No. (~ Xes, nl,~=, a~e~-h ~op~ of "condltians" of sale.)
C. Are there ~ ~z~osals ~D change~ alter lan~
( } yes { No
1. Are there any areas which contain wetland grasses? N~
2. Are the wetland areas shown on the map submitted with
this application? ~
3. Is the property bulkheaded between the wetlands area and
the upland building area? ~
4. If your property contains wetlands or pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction? ~_~£
E. Is there a depression or sloping elevation near the area of
propose~construction at or below five feet above mean sea
level? ,~,~ (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or fencas
which -~t and are not shown on t_he survey map that you ar~
submitting? ~ If none exist, please state "none."
G. Do you have any construction taking place at this time
concerning your premises? ~/~ If yes, please submit a copy
of your building permit and map as approved by the Building
Department. If none, please state.~//~
H. Do you or any co-owner also own other land close to this
parcel? .~ If yes, please explain where or submit copies
of deeds.'
I. Please list present use or operations conducted at thais
parcel ~;~
· and
proposed use
~~r e~~e
3/87, 10/901k
~} COUNTY OF SUFFOLK ~,e, SOUTHOLO
Real Properly Tax Serv,ce Agency ....
Feb. 23rd notices for carryover hearings mailed on 2/8 to the following:
Mr. Douglas McGahan
Bay Creek Builders
P.O. Box 602
Cutchogue, NY 11935
(Re: Mesloh)
Mr. Thomas McGwire (Re: Mesloh)
P.O. Box 453
Peconic, NY 11958
Deborah Doty, Esq. (Re:
P.O. Box 1181
Cutchogue, NY 11935
Villani/Doroski)
John Bortani Builder, Inc.
1380 Oakwood Ddve
Southold, NY 11971
(Re: Trupia)
.1. Kevin McLaughlin, Esq. (Re: Trupia)
1050 Youngs Avenue
Southold, NY 11971
Mrs. Catherine Smith Mulrain
1520 Bray Avenue
Laurel, NY 11948
Peter S. Danowski, Esq. (Re:
616 Roanoke Avenue
Riverhead, NY 11901
Diachun)
Richard F. Lark, Esq. (Re:
P.O. Box 973
Cutchogue, NY 11935
Diachun and Murphy)
Mrs. Eleanor Diachun
P,O. Box 61
Laurel 11948
sent 2/17 Philip 3. Cardinale, Esq. (Re:
Cardinale & Cardinale
Box 2021
.1amesport, NY 11947
PB INTERPR)
sent 2/17 Lawrence VanDyke, ESq. (Re: Domski 280-A)
89 .1efferson Avenue
P.O. Box 1365
Roslyn Heights, NY 11577
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, ]ANUARY 21, 1999
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, 3ANUARY 21, 1999 at the time noted below
(or as soon thereafter as possible):
7:50 p.m. Appl. No. 4609 - MARY t4URPHY. This is a Request for a
Variance, based upon the Building Inspector's August 14, 1998 Notice of
Disapproval (for a building permit), Article XXIII, Section 100-239.4 for
permission to locate new dwelling with a setback at less than 100 feet from the
top of the bluff on Long Island Sound, at private right-of-way extended north of
Bridge Lane, which parcel is known as 9206 Bridge Lane, Cutchogue, NY; Parcel
1000-73-2-3.3.
The Board of Appeals will at said time and place hear any and all persons or
representatives desiring to be heard or desiring to submit written statements before the end
of the above hearing. The 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 the Board of Appeals' Office at (516) 765-1809.
Dated:
December 31, 1998.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
LARK & FOLTS
Attorneys at Law
28785 MAIN ROAD - P. O. BOX 973
CUTCHOGUE, NEW YORK 11935-0973
(516) 734-6807
RICHARD F. LARK
MARY LOU FOLTS
Mrs. Linda Kowalski
Southold Town Board of Appeals
53095 Main Road
P. O. Box 1179
Southold, New York 11971
RE:
Mary Murphy
A 1 N 4 09
January 15,
1999
Dear Mrs. Kowalski:
Pursuant to your letter dated December 30 1998 in
connection with the above-captioned matter, I am enclosing the
Affidavits of Mailings and Posting.
Very truly yours,
~ichard F. Lark
RFL/bd
Enclosures
ZONING BOARD OF-APPEALS
TOWN OF SOUTHOLD:NEW YORK
In the Matter of the Application of
MARY MURPHY
(Name of Applicant)
AFFIDAVIT
OF
POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- 73 2 - 3.3
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, BARBARA DIACHUN
Cutchogue
-x
residingat 875 School House Road,
, New York, being duly sworn, depose and say that:
Onthe 8th dayof January ,1999.,Ipersonallyplaced the Town's
official Poster, witb the date of hearing and nature of my application, in a secure
position upon my property, located ten (10) feet or closer from the street or right-of-
way - facing the street or facing each street or right-of-way abutting this property;*
and that
I hereby confirm that the Poster Ires remained in place for seven days prior
to the date of the subieet hearing date, which hearing date was shown to be 3anuary
21.1999 ~c.~ c~f.~
(Signature)
Barbara Dlachun
Sworn to before me this
15th day of Jan. ,19 99.
(Notary public)
THERESA THOMPSON
Notary Public, State of New York
No. 4970322 - Suffolk County
Oommissica Expires Aug, 13, 20 Oo
*near the entrance or driveway entrance of my property, as the area most visible to
passersby.
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD:NEW YORK
Irt the Matter of the Application of
MARY MURPHY
(Names of Applicants)
Parcel ID #1000- 73 2
3.3
AFFIDAVIT
OF
MAILINGS
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, BARBARA DIACHUN residingat 875 School House Road,
Cutchogue , New York, being duly sworn, depose and say that:
On the 8th day of January ,19 9 9, I personally mailed at the United
States Post Office in Cutcho?/ue , New York, by CERTIFIED MAH,,
RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in
prepaid envelopes addressed to current owners shown on the current assessment
roll verified from the official records on file with the (x) Assessors, or ( ) County
Rcal Property Office Southold, New York , for every property which
abuts and is across a public or private street, or vehicular right-of-way of record,
surrounding the applicant's property.
Sworn to before me this
15tday of January ~ 19 9__9
(Notary Public) t
(signature)
Barbara Diachun
THERESA THOMPSON
Notary Public, State of New
No. 4970322 - Suffolk County
Commission Expires Aug. 13, 20
PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot nund~ers next
to the owner nantes and addresses for which notices were mailexL
Thank ymr
THURSDAY. JANUARY 21~ 19c,:,:,:,~
NOTICE IS HERESY 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 8OARD OF APPEALS, at the Southold Town Hall, 53095 Main Road,
Southold, New York 11971, on THURSDAY. JANUARY 21, 1999 at the time noted below
(or as soon thereafter as possible):
7:50 p.m. Appl. No. 4609 - NARY__MURPHY. This is a Request for a
Variance, based upon the Building Inspector's August 14, 1998 Notice of
Disapproval (for a building permit), Article XXIII, Section 100-239.4 for
permission to locate new dwelling with a setback at less than 100 feet from the
top of the bluff on Long Island Sound, at private right-of-way extended north of
8ridge Lane, which parcel is known as 9206 Bridge Lane, Cutchogue, NY; Parcel
1000-73-2-3.3.
The 8oard of Appeals will at said time and place hear any and all persons or
representatives desiring to be heard or desiring to submit written statements before the end
of the above hearing. The hearing will not start earlier than designated. Files are available
for review dudng regular Town Hall business hours (8-4 p.m.). If you have questions, please
do not hesitate to call the 8oard of Appeals' Office at (516) 765-1809.
Dated: December 31, 1998. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
MARY MURPHY
APPEAL NO. 4609
1000-073.00-02.00-003.006
SUFFOLK COUNTY
330 Center Drive
Riverhead, NY 11901
1000-073.00-02.00-001.000
MARY W. PEACOCK & JULIAN S.
46 Grand Street
New York, NY 10013
BACKUS
1000-073.00-02.00-004.000
DOROTHY KOTYLAK & ORS
Pinewood Road
Cutchogue, NY 11935
MARY MURPHY
APPEAL NO. 4609
z 306 462 490
US Postal Sen, ice
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mall (See reverse
Suffolk County
330 Center Drive
Post Office, State, & ZIP Code
Rtverhead, NY 11901
SpeciaJ Da.%,e,y Fee
Retum Receipt Showing lo
Z 306 46P 491
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mall, ~e reverse)
Sentto Mary W. Peaco'ck &
Julian S. Backus
Stree~ & Number
46 Grand Street
Po~t Office, S~ate, & ZIP Cede
NY, NY 10013
Raum ~ ~ to
~m~ '
Z 3~ 462 492
us Post~ sewise
Receipt for Certified Mail
No Insurance Coverage Provided,
Do not use for International Mail (See reverse)
Dorothy Kotylak & ors
Pinewood Road
Post Office, State, & ZIP Cede
CutchoKue, NY 11935
Postage $ ~- ~
Ceilified Fee
I~ARY MURPHY
APPEAL NO. 4609
SENDER: - '
3. Arlicfe Addressed to:
Suffolk County
330 Center Drive
Riverhead, NY 11901
:~ 5. Received By: (Print Name)
~ $. Signature:/l~ddm~eee ~A~I.
PS Form ;~j~, December 1994
I also wish to receive the
following sen/ices (for an
extra fee):
1. [] Addrnseee'e Address
2. [] Restricted Delivery
Consult pos~naster for fee.
4a. Arlicfe Number
Z 306 462 490
4b. Service Type
r-i Registered [~ Codified
[] Express Mail [] Insured
[] RstumReceiptfor~Lmhandise [] COD
8. Address~e's~.ddre_slf,~l~n~uested
Doi~'~'~etu m Receipt
~ SENDER:
° aCorn#ere item~ 1 and/or 2 for additional sen~.
i .Complete iterrm 3, 4a, and 4b.
-o 3. Artide Addressed to:
· ~. Mary W. Peacock &
5. Received By: (Print Name)
I alec wish to receive the
following services (for an
extra fee):
1. [] Addressee's Address
2. [] Resthcted Delivery
Consult postmaster for fee.
4a. Ar~cle Number
Z 306 462 491
tb. Service Type
'~ Registered ~ Certified
-] Express Mail [] Insured
[] Retum Receipt for Merchandise [] COD
7. Date of Delivery
8. Addressee's Address (Onlyif requested
and fee is paid)
6. SignOre.: ,(Addres~e.e orient)
PS Form 3811, December 1994 Domestic Return Receipt
I also wish to receive the
following sewices (for an
' 2 for a~dition~l ae~es'~=~' ' extra tee):
1. [] Addressee's Address
car~ to y~u. - -~- trent olthe mei~plece, or on the he~ 2. ~ Rest~cted Detivery
· W~ite 'RetUrn Re~ei,~..,, ~e~l,,~ t0 whom the a~licle wa
.The Return ReCa--" ....... ----------~--4
Dorothy Kotylak & ors t;~;,;'s-t~r,~' ~ ?.e.~f
Pinewood Road I~ ExpreSsmait ~ ......
' ue, NY 11935
Cutcnog ] Re~mRec~for~emhss~se ~ COD
and fee .... is pai8. Aaam*~ ~ ....
~~ Domestic Retum Receipt
~.~4 m~ er 9
X
FOR OFFICIAL USE BY STAFF AND MFJ~REES .~ UPDATES TO Frr.l~.
~" //~'/98
1// /98
,,~ /3o 198
I /98
/ /98
/ /98
¢ /~0/98
fo / 5"/98
/ 198
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u o wn oar o ea
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3564
Application for Variances ~
TO: Patricia C. Moore, Esq. ~~S /~
Edson & Bruer, as' Attorneys for JO EY
Main Road
Southold, NY 11971
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals. held on
the above
onyour
November 18, 1987,
appeal was considered, and the action indicated below was taken
IX] Request for Variance Due to Lack of Access to'Property
New York Town Law, Section 2B0-a, and
[ ] Request ~or Special Exception uhder the Zoning Ordinance
Article , Section
[X] Request for ~armance to the Zoning Ordinance
Article XF. , Section 100-]]9.2 - -/
[ ] Request for~''
Application of JOHN DEMPSEY/ROBIN RAEBURN for Variances: (a)'for
final approval under New York Town Law, Section 280-a over the existing
private right-of-way, and (b) for permission to locate proposed dwell-
ing with an insufficient setback from top of bluff along the Long Island
Sound, per Article XI, Section 100-1]9.2. Location of Property:
Extending at the north end of a private right-of-way (traveled ov'er
lands of Bokina fr6m'-the north side of Bridge Lane Extension and Oregon
Road in a northerly direction) to the subject premises identified on
the Suffolk'County Tax Maps as District 1000, Section 73 Bloc'k2
Lot 3.6 (prev. 3.4 and 3.5). ' '
WHEREAS, a public hearing was held and concluded on Novem-
ber 10, 1987 in the Matter of the Application of JOHN DEMPSE¥
under Appl. No. 3564; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the'Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
' WHEREAS, the Board made the following Findings of Fact:
l. The premises in question is locateJ in the A-40.Residential
Zoning District and is known and referred to as Lot No. 2 on the
MinorSubdivision Map of Robin A. Raeburn and Mary ~'~''~ ....
phy prepared February 5, 1979, amended September 26, 1979, by.
Roderick VanTuyl, P.C. and endorsed by the Chairman of the
'Southold Town Planning Board on October 2, 1987.
2. 'The subject premises contains a Coral area of 48,525±
(CONTINUED ON PAGE T~O)
DATED: November 18,1987.
Fo~ ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN
OF APPEALS
ZONING BOkRD".'
Page 2 Appl. No. 764
Matter of JOHN DEMPSEY
Decision Rendered November 18,
1987
sq. ft., is presently vacant and is identified on the Suffolk
County Tax Maps as District 1000, Section 73, Block 2, Lot 3.6
(formerly 3.5 and 3.4).
3. By this application, appellant requests: (a) Variance
from the Provisions of Article XI, Section lO0-11g.2 for permis-
sion to locate a new single-family dwelling structure with an
insufficient setback from 75-ft. bluff contour line at 22± feet,
and 28± feet from the top of bluff (at the outer~ edge)-see
Map prepared by Anthony W. Lewandowski July 14, 1986); and
(b) Variance pursuant to New York Town Law, Section 280-a
for final approval over existing right-of-way.
4. Article XI, Section lOOwll9.2, subparagraph Ail]
requires all buildings proposed on lots adjacent to the
Long Island Sound to be set back not less than one-hundred
(lO0) feet from the top of the bluff, or bank.
5. On-site inspections find as follows:
(a) the predominant vegetation on the bluff.face
is Bayberry; however, areas along the top 20 feet of the
bluff face are completely bare of vegetation;
(b) the bottom third of the bluff face from the toe
of the slope to approximately 40 feet up the face is also
completely barren of vegetation. This is a very critical
area and poses a great threat of erosion from wave action
during storm activity. Without the necessary support at
the toe of the slope, the soil above will slide downward
and erode during or following storm activity. Any structures
in close proximity to the edge are in danger of falling over
if such erosion should take place;
prevent
similar
(c) the toe of the slope must be
continual erosion of the bluff with
structure.
stabilized to
a bulkhead or
6. The dwelling as proposed is shown with a setback
at 80~ feet from the southeasterly corner of the dwelling
and at 50± feet to the southerly property line. The
angle of the bluff line is almost parallel with the south-
erly property line, and the dwelling is angled 30± degrees
to the north.
7. The upland distance between the outer edge of the
top of the bluff and the southerly property line averages
to 114± feet. The dimensions of the dwelling proposed by
this application scale to 60 feet wide by 35 feet deep.
The total setback footage of the remai~ning open yard areas
is 79± feet (ll4 less 35). The Board agrees the property
is unique and variances are warranted; however, the
close placement of'the dwelling to the bluff edge not only
appears unsafe and unreasonable, but also unwarranted.
8. Although there is a dwelling existing along the
Long Island Sound bluff 225 or more feet (to the east) ~n~
a dwelling existing further to the west of the subject
parcel, each parcel is unique not only as to-size, shape
r~e J - App,. No. 3564
Matter of JOHN DEMPSEY
Decision Rendered November
18, 1987
and character, but also as to eroding bluff conditions.
This Board finds that no structures should be permitted
closer than 40 feet to the highest point of the bluff
(or the 75-foot elevation line under consideration) for
purposes of safety, health, welfare, convenience and order.
9. The right-of-way over which appellant has requested
280-a consideration is situated at the north side of Oregon
Road {and Bridge Lane Extension), and extends in a northerly
direction along the east side of Baxter's right-of-way and
over lands of Bokina, a distance of 1868 feet, more or less,
to a survey monument, then extending in an easterly direction
along the northerly portion of lands also of Bokina, to the
subject premises, a distance of 250 feet, more or less.
10. The applicant and his attorneys are aware that this
Board does not have authority to determine or grant right-of-way
easements; and this action does not grant or otherwise affect
the appellant's rights, if any, to enter over and upon these
lands.
ll. It is also noted for the record: (a) that under
Appeal No. 260g, a conditional 280-a Variance was granted on
January 22, 1980 concerning this right-of-way; (b) that
under Appeal No. 3478, a conditional temporary 280-a Variance
was granted on September ll, 1986 concerning this right-of-way;
{c) that to date no improvements have been made which would
satisfy the requirements of the prior Z.B.A. actions or the
requirements of New York Town Law, Section 280-a.
12. It is again the opinion of this Board that improve-
ments will be necessary upon the right-of-way for sufficient
access by fire and emergency vehicles, as further noted beiow.
13. It shall be understood that no building permits
shall be issued or construction take place until compliance
with these requirements and pursuant to New York Town Law,
Section 280-a.
14. In granting alternative relief herein, the Board
finds: {a) the relief is substantial in relation to the
requirements; (b) there will be no substantial change in
the character of this district; (c) the relief as conditioned
herein will not caose a substantial detriment to adjoining
properties; (d) the circumstances of the property are unique;
(e) there is no other method feasible for appellant to pursue
other than a variance; (f) in view of the manner in which
the difficulty arose and in consideration of all.the above
factors, justice will be served.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
R~SOLVEn, that:
(1) The.application~as to an insu(f!cient set.~ck from
the top of bluff as applied is DENIED;
m/ (2) Alternative relief is ~RANTEQ for a reduced setback
Page 4 Ap?l. No.e64
Matter of JOHN DEMP~EY
Decision Rendered November
18, 1987
from the top of bluff at not less than 40 feet for the proposed
dwelling, SUBJECT TO THE FOLLOWING CONDITIONS:
(a) No excavation or disturbance of soils within
37 feet of top of bluff;
(b) All water runoff shall be retained toward the
house [to the south];
(c)
(d)
3. The
York Town Law,
~H£ FOLLOWING
Small two-to-three-foot high berms shall be
placed along the southerly property line (to
in the pr.evention of flooding of neighboring
properties, farm, roadway, etc.);
aid
The subject premises remaining as a whole parcel,
without division, and more particularly Lot No. 2
as shown on the Minor Subdivision Map for Robin A.
Raeburn and Mary Elizabeth Murphy approved by
the Southol'd Town Planning Board.
application as to approval of access under New
Section 280-a, is hereby GRANTED~ SUBJECT TO
CONDITIONS: '"
Such access road shall have an unobstructed width
of not less than fifteen feet (except at the'point
where the barn exists), and improved as follows:
1. Surface with a minimum depth of four inches
of packed 3/4-inch stone blend, either applied to
the ground surface and shaped, or the surface
be excavated to permit the app)ication of packeO
stone blend to a depth of four inches (or more), OR
2. Remove top layer to a depth of eight inches and
then fill with eight inches of compacted bank run,
and then surface with two to four inches of 3/4-inch
stone blend;
(b)
3. Oiled with a minimum of 4/lOths of a gallon of
road'oil per square yard.
No building permits, temporary or final Certificates of
Occupancy shall be issued until such access road
has been constructed in accordance with these
requirements (after notification to the Z.B.A.
Office in writing). The Bnard of ADn~l~:~ey
make any reasonable e~epti~n~it d~ems appropriate.~
under the circumstances.--
(c) The right-of-way shall be maintained at all times
in .good, satisfactory condition;
(d) The conditions hereunder sh~ll ~nply
ail lots claiming ahd requiring access over tKis
right-of-way, and will a~so be
graph 3(b), supra [or as an alternalJve, re-apply
to this Buard under sep~rate_app!ication for 280-a].
Vote of the Board: Ayes: ~essrs. G6ehringer, Grigonis,
Douglass and Sawicki. (Memhe? Doyen o~ Fishers Island was absent.)
This resolution was duly ad~pted.
*
GERARD P. GOEHRINGER,=-IF~-
Signed: December 5, 1987
Southotd Town Bo~ of Appeals
-25- Jan~ 17, 1980
titer the formal hea~ing was closed and the resolutio3!~-was
d, ~s. Smith inquired if it would be po~si.~-e~, t?_add
on to the resolution approving Mr./K~ntok~ta
a Special Exc~ion that a liquor license woul~ot be ~%lowed
for-tha%coffees~no~. The Chairman asked~ark~,__a~,p_p~nt's
attorney what his fe~gs or comments~e~e. Mr~ ~a__r~-~a'~d that
wasn~ver even thought~--liq.uor~cen~se,.,and
~ th~mo~?~
~~h_o.p_M.{..~a{k said
~f ture, tgat.~ neyer even
~striction~m~been made
~' _b._.pa~nly ~n~t
~quor bus~ness" as was
thoug by Ms. Smith.
RESERVED DECISION: Appeal No. 2609.
Regarding Appeal No. 2609, application of Robin A. Raeburn
and Mary Elizabeth Murphy for approval of access pursuant to
New York Town Law 280A, the Board asked George C. Stankevich,
Esq., attorney for the applicants, whether an agreement had been
entered into with Baxter Properties, Inc. as suggested by the
Board at its last meeting. Mr. Stankevich said they had written
· letters to Mr. Baxter and they were left unanswered and may never
be answered. Mr. Stankevich suggested that this appeal be
approved, and if Baxter would offer the right-of-way they would
accept it. But if Baxter would not offer it, then the existing
access could be approved with the encroachments. The Board
felt that they needed more%time to consider this appeal, the
45-day time limit would not be up until Sunday, January 20th
and would call a Special Meeting if necessary. Richard F. Lark,
Esq. on behalf of the Bokina Family asked whether the right-of-way
would be improved with stone blend or black top. Mr. Stankevich
said they would improve it with stone. Mr. Bokina asked about
the electric wires that were installed under the right-of-way.
Mr. Stankevich said they would remedy that and would accept it
as a condition if it has to be relocated.
oN: Appeal No. 2587. Applicati~nof~o~~..
USOUROS for a Varia~B~m~f-O~permission
~~/lst{ic~ ~e
~.he app%~ca, nt w~th.the
~al.~diti~ns 4, 6[.
~l.SC~Se c~ndi-
~~~e.r~na~~a
Special Me
Southold Town Board of Appeals -3- January 22, 1980
10. That the applicants obtain approvals from the appropriate
for access to and from the subject premises; i.e. Suffoll
County the access will be off County Road 27.
11. any violation of any of the foregoing ~ns
shall be automatic revocation of this in which
event the ~spector may issue appropriate ~ions
and/or revoke any Lt and/or c~rtificate of oc~ issued.
12.
(1) year from the date
tion of this approval, ap~
approval hereby granted upon a
conditions set forth herein and
continued operation of the dis
That this shall be grant~ a term of one
Within from the expire-
may for an extension of the
compliance with all the
by this Board for the
dancing.
.13.. That approval [ned from th~Suffolk County Planning
Comm~ss~on.pursua~ :tion 1332 of the Su~ C_ounty Charter.
Location o~/proper ': 7470 Sound Avenue, Mat~tuck, New York;
bound, ed nor~ fhy Sound Avenue, east by Sepko, south ~ west by
Megl~o. ~u: ty Tax Map. Item ~o. 1000-121-005-003.
~ii~Absent°f the: Board.Messr .Ayes'Doyen .Messrs' Grigonis~ Do~glass ~
RESERVED DECISION: Application of ROBIN A. RAEBURN and MARY
ELIZABETH MURPHY, by George C. Stankevich, Esq., Main Road,
Southold, New York for a Variance for approval of access, New York
Town Law Section 280A. Location of property: Bridge Lane Exten-
sion, Cutchogue, New York; bounded north by Long Island Sound,
south by Bokina, west by Bokina and Baxter Properties, east by Parr.
The applicants' attorney, George C. Stankevich, Esq., had
filed with this Board a Waiver of the 45-day time limit in which
this Board had to make its decision. This waiver extended the
time limit an additional five (5) days, namely, until January 25,
1980.
The Board discussed the conditions they felt should be made
part of their decision, and the following action was taken:
After investigation and inspection, the Board finds that the
applicants have requested approval of access to lots located near
Long Island Sound and heretofore approved conditionally as a minor
subdivision by the Planning Board on November 14, 1979. The lots
shown on the subdivision map have access to the nearest public
highway, namely, Bridge Lane Extension at its intersection with
Oregon Road over a 16-foot wide right-of-way. However, upon
examination of the site, the Board found that said right-of-way
is not open and unobstructed throughout its entire length. It is
Southold Town Board of Appeals -4- January 22, 1980
obstructed by a barn and house at the southerly end within 200
feet, approximately, of Oregon Road.
The Board also found that there exists a 20-foot wide right-
of-way (presently of Baxter Properties, Inc.) immediately west of
the above-mentioned 16-foot wide right-of-way. The Board believes
that if the applicants can obtain the right to use the 20-foot
wide right-of-way in the area in which the 16-foot wide right-of-way
is obstructed by buildings that the combined use of the rights-of-
way in the area where obstructions are located would afford appli-
cants adequate access to the lots in question.
The Board finds that the circumstances present in this case
are unique and that strict application of the applicable laws
would produce practical difficulties or unnecessary hardship.
The Board believes that the grant of a variance in this case will
not change the character of the neighborhood and will observe the
spirit of the zoning ordinance.
On motion made by Mr. Grigonis, seconded by Mr. Tuthill, it
was
RESOLVED, that ROBIN A. RAEBURN and MARY ELIZABETH MURPHY,
by George C. Stankevich, Esq., Main Road, Southold, New York 11971,
BE GRANTED approval of access, New York Town Law, Section 280A,
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the applicants obtain the legal right to use the
20-foot wide right-of-way (presently of Baxter Properties) lying
to the west of the 16-foot wide right-of-way (presently of
Raeburn & Murphy); and that the 20-foot wide right-of-way (pre-
sently of Baxter Properties) be used in con~unction with only
that portion of the 16-foot wide right-of-way that is unobstructed
by existing buildings for a distance commencing at the northerly
line of Oregon Road and extending northerly a distance of approxi-
mately 200 feet to a point north of the existing barn and/or
horse encroachments of the 16-foot wide ri~ht-of-way.
2. That the applicants file with this Board an instrument
granting applicants the right to use that portion of the above-
described 20-foot wide right-of-way in recordable form.
3. That the right-of-way be suitably improved in accord-
ance with the requirements of this Board adopted March 22, 1979.
The full width and length of the legal rights-of-way (presently
of Raeburn & Murphy) and that portion, approximately 200 feet at
least, of the 20-foot wide right-of-way (presently of Baxter
Properties) being used conjunctively shall be improved in accord-
ance with these requirements.
4. That approval and/or recommendations of the Suffolk
County Planning Commission be obtained pursuant %o Section 1332
~outhold Town Board of Appeals -5- January 22, 1980
of the Suffolk County Charter.
5. That approval and/or recommendations of the Southold
Town Planning Board be obtained regarding the use of that portion
of the above-described 20-foot wide right-of-way (presently of
Baxter Properties).
Location of property: Bridge Lane Extension, Cutchogue;
bounded north by Long Island Sound, south by Bokina, west by
Bokina and Baxter Properties, east by Parr. County Tax Map Item
Nos. 1000-073-002-003 and part of 1000-073-002-002.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass and
Tuthill. Absent: Messr. Doyen.
RESERVED DECISION:
ll's Lane, Aquebogue, New York (Richard F. Lark, Esq.)
to the Zoning Ordinance, Article III, Section 100-
for ~ission to construct dwelling with insufficient
setback for approval of access pursuant to New York
Section ~. Location of property: Miami Avenue an~
Avenue, bounded north by Mathal Realty Core ,
southeast by
Avenue
Item. No.
Application of ROBERT WADDINGTON, JR.,
f
Avenue (private road), southwes
'oad), and northwest by Booth.
06-016.
Law
~iew
Soundview
Tax Map
After investic Lon and inspection, t Board finds that
the applicant is rec ~ang permission :onstruct dwelling with
an insufficient setback of 11 and approval of
access off Miami Avenue, old subd~ ion street not dedicated
to the Town. The subject ~emises two frontyards inasmuch as
it is considered a corner as approximately 48 feet in
width.
The Board finds that umstances present in'this case
are unique and that stric' Lon of %he applicable laws
would produce practical .fficu ~o\and unnecessary hardship.
The Board believes th~ le grant of ~variance an this case and
approval of access w/i/1 not change the ~aracter of the neighbor-
hood and will ob~e the spiri~ of the o~nance. '
On motion/~ade by Mr. Tuthall, seconded~Mr. Douglass, it
was
/
RESOLED, tha~ R~BERT WADDINGTON, JR., Tuthi~'s Lane,
A~uebog~, New Yor~, ~ Richard F. Lark, Esq. BE GRATED permis-
saon t~construct dwelling with an insufficient ~ro~t~ard setback
of l~feet as applied for and BE GRANTED approval of a~ess off
M . Avenue, SUBJECT to the recommendations of the Suff~k County
Pi ~ing Commission pursuant to Section 1332 of the Suffol~County
~er. ~
(516) 765-1809
OFFICE OF
ZONING BOARD OF APPEALS
53095 Rla/n Road
$outhold, NYl1971
fax 765-9064
December 30, 1998
Re: Chapter 58 - Public Notice for Thursday, January 21, 1999 Hearing
Dear Applicant:
Please find enclosed a copy of the Legal Notice describing your application. The Notice will
be published in the next issue of the LI. Traveler Newspaper, the Town's official newspaper
for 1998-99.
Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your
application and hearing must be mailed and shall include a map or sketch showing the
location of this project with the setbacks and use noted. Send this Notice, as soon as
possible, with the map to all owners of land (vacant or improved) surrounding yours,
including land across any street or right-of-way that borders your property. Use the current
addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-
1937) or the County Real Property Office. If you know of another address for a neighbor,
you may want to send the notice to that address as well.
Please submit your Affidavit of Mailing to us by the Friday before the hearing date, with the
post office receipts postmarked. Later, when the green signature cards are returned to you
by the Post Office, please mail or deliver them to us. Tf any signature card is not returned,
please advise the Board at the hearing.
You must oost the enclosed sian no later than 1/13/99. Post the sign facing the street, no
more than 10 feet from your front property line bordering the street. 0f you border more
than one street or roadway, a sign is enclosed for the front yard facing each one.) The
sign(s) must remain in place for at least seven (7) days, and if possible, should remain
posted through the day of the hearing. Tf you need a replacement sign, please contact us.
After the signs have been in place for seven (7) days, please submit your Affidavit of
Posting to us for the permanent file.
If you do not meet the deadlines stated in this letter, please contact us promptly. It may
be necessary to postpone your hearing if the required steps are not followed.
Thank you for your cooperation.
Very truly yours,
ZBA Office
NOTICE OF HEAl:lING
NOTICE IS HEREBY GIVEN that a public hearing will be held by the
SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road,
Southold, New York, concerning this property.
OWNER(S) OF RECORD:
DATE OF PUBLIC HEARING:
If you have an interest in this project, you are invited to view the Town file(s)
which are available for inspection prior to the day of the hearing during normal
business days between the hours of 8 a.m. and 4 p.m.
BOARD OF APPEALS · TOWN OF SOUTHOLD ° (516) 765-1809