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Home My WebLink AboutTR-4187 Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. 4187 DATE: ..6/24/93 Pursuant to' the provisions of Chapter 615 of the Laws of the State o~c New York, 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Southold Town Ordinance en- titled "REC=ULATINC= AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, C=RAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on 612~93 ..... 19 ~3and in conslderafion of the sum of $ paid by of N.Y. and subject to fha Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: Grandfather Permit to reconstruct a 4' X 32~ fixed dock, a 3' X 12' ramp, a 6' X 20' float and ~wo 2 pile dolphins in kind/inplace, damaged during Dec. storm. Little Creek all in accordance with the detailed specifications as presented in the orlgina~'ing application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal fo be affixed, and these presents to be subscribed by a majority of said of this dat.e. TRUSTEES ~ John M. Bredemeyer, IlL President SUPERVISOR Heray P. Smith, Vice President SCOTt L. HARRIS Albert J. Kmpski, Ir. John L. Bednoski, Jr. Town Hall John B. Tuthitl 53095 Main Road P.O. Box 1179 Telephone (516) 765-1892 BOARD OF TOWN TRIISTEES 8outhold, New York 11971 Fax (516) 765-1823 TOWN OF SOUTHOLD October 4, 1991 Creative Environmental Design P.O~ Box 160 Peconic, NY 11958 RE: Waiver request for Joan & William Fishlinger SCTM~1000-98-1-11.1 Dear Fir. Chichanowicz: The following action was taken bythe Board of Town Trustees during its regular meeting held on October 3, 1991: RESOLVED that the Town Trustees approve the request for a waiver to construct decks and steps between rear of existing dwelling and existing bulkhead, with changing no grades as per survey dated July 8, 1991. Please note that permits from other agencies may be necessary, as the Trustees approval does not constitute approvals from other agencies. Very truly yours, Bredemeyer, III President, Board of Town Trustees JMB:jt cc: Bldg. Dept. 1993 , F~O~[T k HA~RPdS TOWN OF SOUTHOLB i or John M. Bredemeyer. III. President Henry P. Smith, Vice President Town Hall, 53095 Main Road Albert J, Krupski. Jr. P.O. Box 1179 John L. Bednoski. Jr, Southold. New York 11971 John B. Tuthill BOARD OF TOWN TRUSTEES Fax (516) 765-1823 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 765~1800 GRANDFATHER APPLICATION 1. Name of Applicant: Joan & William Fishlinger 2. Mailing address: 17 Crestwood Road Port Washin§ton, NY 11050 Tel. No: 742-6000 3. Address of Proper~y: 1935 Pine Tree Road Cutcholue 4. Tax Map Number: 1000- 98-1-11.1 Approx.yr.of construct: -~ unkncwn 5. Prior owner if knownb 6. Diagram of existing structures, including all dimensions, must be included with this ap~iication: "Please see attached" 7. Indicate on attached map: Location, ie; reference point, telephone pole number, adjacent proper~ow~ers,{etc7 // I ~/ 1//~TJf{u~/~/' Date: April 20, 1993 Signature of applicant: G~len~YJust * Please note, there is a one time fee of $~0.00 for filing this applicat%on. / CREATIVE ENVIRONMENTAL DESIGN P.O. BOX t60 PECONIC, NEW YORK 11958 (516)765~5927 DAVID CI(]tA~OWICZ · q~T. - 18,1991 MAIN ROAD SOU'IItOLD, N.Y. 11971 DEAR Sll~ Dj/~rlD {3CHM~WICZ OF CREATIVE ENVIRONMF2~AL ~N, ~O~G PRO~. V~ ~ ~ ~G O~ ~T. ~ 1~2~ F~ P~N TO ~NS~ ~ ~ S~ ~ ~ ~-~G D~.I~G ~ ~G ~K~, ~ ~G~ NO G~ p~L ~ ~~G ~ TO ~ ~ ~ ~S ~ ~ D~. ~N ~ PROP~: 1935 P~ ~g~ RO~, I ~~Y ~ A W~ ~ ~ TO~ ~ ~ ~ ~ W N~, H~ FORW~ ~ ~ ~P~O~ ~ YOU FOR YO~ ~~ON. YOURS TRULY, DAVID CICflA~O~ICZ PLIES. 95-20~ f10/901--25c NEW YORK~-?ATE DEPARTMENT OF ENVIRONMENTAL CONSERVATI DEC PFRMIT NUMBER EFFECTIVE DATE 1-4738-00398/00001-0 May 1, l 9q? FACILIq~'/PROGRAM NUMB£R(s) PERMIT EXPIRATION DATE Under the Environmental Conservation Law (ECL) May 1, 1994 [~Ne~ ~ Renewal ~] Modiflcauon [~Permit to Construct ~]Permit to Ooerare [--'~ Article 15. Title 5: ~ Article 17. Titles 7. 8: Adicle 27. Title 9: 6NYORR 373: Protection of Water I I SPBES Hazardous Waste Managemen[ -- Adicie 15. Title 15: ~ A~icle 19: ~ Article 34: Water Supply I I Air Pollution Oontrol I I Coastal Erosion Management ~ Article 15, Title 15: ~ A~icle 23. Title 27: ~ Article 36: Water Transpo~ [ ~ Mined Land Reclamation I I Floodplain Management Article 15. Title 15: ~ Article 24: ~ A~icles 1, 3, 17, 19, 27, 37; ~ Long island Wells . . Freshwater Wetlands ~ I' 6NYORR 380: RadiatiOn Control ~ A~ic~e 15, T~le 27: ~her: ~icle 25: Wild. Scenic and Recreational I ~ I Tidal Wetlands Rivers ~ A~iCle 27, Title 7; 6NYCRR 360: 6NYCRR 608: i ~ Selid Waste Management ~ Water Quality Certification Willi~ & Jo~ Fishlin~ 516 17 Cr~ ~., ~ Wash~n, ~ 11050 CONTACt PERSON FOR PERMITTED WORK TELEPHONE HUMBER ~ive ~v~o~tal ~si~ ~ ~1~5-~27 Fis~qer ~V 1935 P~e Tr~ Rd. ~OCAT~ON OF ~RO;EC~ ~AC,UT~ ~tcho~e Suffo~ ~u~old lT.~tf]~ Cr~ E: _ ~:~ ~C% a d~k, s~ay ~d ~]~sy. ail ~r~ ~hs]] ~ ~e in a~rd~c~ to plus prepped by In~ N~k ~ration da~ July 8, t991 last revis~ 3/25/92. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (See Reverse Side) and any Special Conditions incldded as part of this permit. Re~=~to~ ,&s~s Deputy R,~::34rm~l ~1~,~ ~I ~ ~. ~ ~ ~is~e Costo~ulos ~n I ~y 1, 1992 Pasel Of-4 GENERAL CONDITIONS Inspections 1. The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation Ithe Department) to determine whether the permittee is corn plying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site. Failure to produce a copy of the permit upon request by a Departmenl representative is a violation of this permit. Permit Changes and Renewals 2. The Department reserves the right to modify, suspend or revoke this permit when: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the ECL e~nd pertinent regulations is found: b) the permit was obtained by misrepresentation or failure to disclose relevant facts; c~ new material information is discovered; or d) environmental conditions, relevant technology, or applicable law or regulation have materially changed since the permit was issued. 3. The permittee must submit a separate written application to the Department for renewal, modifica- tion or transfer of this permit. Such application must include any forms, fees orsu pplemental infor- mation the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. 4. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b/ 30 days before expiration of all other permit types. 5. Unless expressly provided .for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, con- ditions or requirements contained in such order or ctetermination. Other Legal Obligations of Permittee 6. The permittee has accepted expressly, by the execution of the application, the full legal responsibili- ty for ail damages, direct or indirect, of whatever nature and by whomever suffered, arising out of the proJect described in this permit and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from this project. 7. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impair- ment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. 8. The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights- of-way that may be rec uired for this project. Page 2 of 4 Applicant oromos..s.~s to recon~truc'~, a 4 ,~...,~ fix ~'x12~ ramp, 6 x20' flc~at and t.~ ~.~, ~:L:[e d~]~hins in k~ place~ ali ~tructure~ ~ere lifted and damagmd durin~ S~orm of 1~,11 APPEALS BOARD MEMBERS ~- ..~.c?~l ,, SCOTT L. HARRIS ~%~? Supervisor Gerard P. Goehringer, Chairman ... Charles Grigonis, Jr. :i Town Hall, 53095 Main Road Serge Doyen. Jr. - '-~ ~-: ..... ~',~ P.O. Box 1179 James Dinizio. Jr. : '~ ::" Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 w~. ' '~ Telephone (516) 765-1800 Telephone (516) 765-1809 ~ ~ BOARD OF APPEALS TOWN OF SOUTHOLD 0ctooer 18, 1991 Mr. David Cichanowitz Creative Envionmental Design P.O. Box 160 Peconic, NY 11958 Re: Appl. No. 4051 - William and Joan Fishlinger Dear Dave: Attached please find a copy of the determination rendered by the Board of Appeals concerning the above application. A copy of this decision has also been furnished for the Building Inspector's record and information. Please be sure to return to their office for ~ssuance of appropriate permits or o~her approvals in this project before commencing building or site activities. Very truly yours, Linda Kowatski Enclosure Copy of Decision to: Southold Town Building Department/ Southold Town Board of Trustees~' Suffolk County Department of Planning APPEALS BOARD MEMBERS ~ ~- SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman ~. Charles Grigonis, Jr. .-~? Town Hall, 53095 Main Road Serge Doyen, Jr. ¢~c P.O. Box 1179 James Dirdzio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Telephone (516) 765-I809 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD Appl. NO. 4056. Upon application of CONSTANTINOS MARKOTSIS. Variance ~o the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to approval o~ screen-enclosed deck addition at less than the required 75 feet from the bulkhead. The subject premises is substandard in size and is located in the R-40 Zone District. Location of Proper~y: Corner of the south side of Main Bayview Road and the east side of Williamsburg Drive (private road), Southold, NY; County Tax M~p Parcel No. 1000-78-5-12. WHEREAS, a public hearing was held on September 26, 1991, and at said hearing, all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and docu/nentation submitted concerning this application; WHEREAS, 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 o~ fact: 1. By this application, appellan~ seeks a variance under Article XXIII, Section 100-23~.4B for a 30' wide by 16'4" deep screened-in deck addition at the rear [southwest) portion of the existing single-family dwelling, which, inclusive of wooden ~ _ steps, is requested to be se~ back 71'2" from the existing bulkhead at its closest points (see project plan prepared by Proper-T Services dated August 14, 1991). 2. The subject premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 78, Block 5, Lot 12, has a frontage oi 160 feet along the south side of Main Bayview Road and 180 feet along the easterly side of Williamsburg (private) Road. This parcel contains a total lot area of approximately 28,000 square feet. September , 1991 Regular Meeting ~ ~.,%]~,¢age ~¢~Appl. No. 4056 Constantinos Markotsis (Decision, continued:) 3. The setback distances of the existing dwelling are shown to be 19.5 feet from the westerly (front) property line, 17.7 feet from the southerly (side) proper~y line, 78 feet to the bulkhead/r~mp area at its closest point, and 92+- feet to the northerly (front) property line. No accessory storage buildings exist at the premises currently. 4. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon.which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. The amount of relief requested by this application is a variance of one foot for the enclosed porch, and four feet for the step area. 6. In considering this application, the Board ~inds: (a) the relief as requested is no~ substantial in relation to the requirements; (b) the relief as requested is not the minimum necessary to afford relie~; (c) the relief as alternatively granted will no~ alter the essential character of the neighborhood; (d) the practical difficulties are uniquely related to the property and are not personal; (e) the relief, as alternatively granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (f) in view of all the above, the interests of justice will be served by granting the relief as alternatively and conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, to GRANT relief for a screened-in deck (porch) addition at the rear of the existing dwelling, SUBJECT'TO THE FOLLOWING CONDITIONS: 1. That the construction shall be not closer than 74 feet (as applied), at its closest distance to the bulkhead; ,.~age Constantl Markotsis Appl. No. ~056 Decision Rendered September 26, 1991 2. That the porch (screened-in deck) addition remain unheated, as applied; 3o That the porch (screened-in deck) addition not be permanently enclosed (i.e. glass or similar enclosure, although plexiglass will be permitted); 4. That the step area be relocated to the northerly or southerly ends of the deck (rather than on the seaward portion). (Any structural enlargement or expansion within the 75 ft. setback from the bulkhead, or other nonconforming yard areas, will require further application to and approval by this Board°) Vo~e o£ the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. GERARD P. GOEHRINGER, CHAIRMAN APPEALS BOARD MEMBERS SCOTt L. HARRIS Gerard P. Ooehringer, Chairman Supervisor Charles Grigords, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dirdzio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Telephone (51.6) 765-1809 Telephone (516) 765-1800 oF g TOWN OF SOUTHOLD . ACTION OF THE BOARD .TOWNOF'$OIJ--o[DrH Appl. No. 4051. Upon application of WILLIAM AI~D JOAN FISHLING~R. Variance to the Zoning Ordinance, ~r~icle xxIII, section 100-239.4B for permission to construct decks and steps between rear of existing dwelling and existing bulkhead. Parcel is conforming as to lot size in this R-40 Zone District. Location of Property: 1935 Pine Tree Road, Cutchogue, NY; County Tax Map No. 1000-98-1-11.1. WHEREAS, a public hearing was held on September 26, 1991, and at said hearing, all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitte~ concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, 1ts present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant seeks variances under Article XXIII, Section 100-239.4B for permission to construct raised, open deck additions at the rear (south) of the existing single-family dwelling, with wooden steps and walkways, all as shown on the August 6, 1991 plan prepared by Indian Neck Corporation submitted with the application. The structures proposed above the bulkhead have a square footage between 650 and 700 sq. ft.; below the bulkhead about 350 to 400 sq. ft. 2. The existing nonconforming setback to the bulkhead from the porch area at its closest points scales out to be 43 feet, and at its further point 50 feet (near the dock). The relief requested is for a full reduction (zero ft. setback up to and below the bulkhead). 3. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 98, Block 1, Lot 11.1, has a frontage of 182+- feet along Pine Tree Road, and contains a Page 2 Appl. N~ 4051 Matter of WILLIAM AND JOAN FISHLINGER Decision Rendered September 26, 1991 total lot (upland) area of approximately 1.2 acres. The area seaward of the house has varied contour elevations above mean sea ~.lsvel from 12 ft. to zero ft., and the bulkhead which exists is heart, the four ft. contour elevation as shown on the July 8, 1991 ~survey map prepared by Roderick VanTuyl, P.C. 4. Article XXIII, Section 100-239.4B of the Zoning Code reqBires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. In considering this application, the Board finds: Ga) the relief as requested is substantial in relation to the requirements; (b) the relief as requested is not the minimum necessary to afford relief, and alternative relief is more appropriate under the circumstances; (c) the relief as alternatively granted will not alter the essential characner of the neighborhood; (d) the practical difficulties are uniquely related to the property and are not personal; (e) the relief, as alternatively granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience or order ol the town, or be adverse to neighboring properties; If) in view of all the above, the interests of justice will be served by granting the relie~ as alternatively and conditionally noted below. Accordingly, on mo~lon by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to DENY the relief as requested, and BE IT FURTHER RESOLVED, to GRANT alternative relief for an open, unroofed deck addition atthe rear of the existing dwelling, together with steps for access to the beach area, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the new construction within the 75 feet setback from the bulkhead shall include only the upper deck with stairs (landward of the bulkhead), and the step areas to the beach. Page 3 Appl. No. ~1 Matter of WILLIAM AND JOAN FISHLIN~ER Decision Rendered September 26, 1991~ (The lower deck areas and walkways are not authorized by this decision.) 2. The subject new construction shall remain open and unroofed, as applied. 3. Any change in grade contours or changes resulting in the deck construction must include measures to curtail run-off or drainage on site (as reco~ended by the Tow~ Trustees, Building Inspector, Board of Appeals, or other involved agency). Vote of the Board: Ayes: Messrs. Goehringer, Do~n, Grigonis, Dinizio and Villa. This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRFL~N 'Fishlinger Property ........ · 1935 Pine Tree Lane, Cut~hogue 3/10/93 at approx. 2:20p.m. 653~0607 1pi e T~ee bane, Cut~nogU 3/10/93 at apprOX. 2:20p.m. Z / 1 i I I / I I / / ,,'/ / / &TIOiq / / -/ / /' /