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HomeMy WebLinkAboutFISHLINGER, WILLIAM & JOAN TRUSTEES John M. Bredemeyer, IlL President Henry P. Smith, Vice.President Albert J; Kmpski, Jr. John L Bedmoski, Jr. John B. Tuthil} Telephone (516)'765-1892 Fax (5t6) 765-182'3 BOARD OF TOWN TRUSTEES TOWN OF'SOUTFiOLD SUPERVISOR SCOTT L, HARRIS · 53095 Main Road P.O. Box 1179 Southotd, New York 11971 October 4, 1991 Creative Environmental Design P.O, Box .160 Peconici NY 11958 Waiver request for Joan & william Fishliager SCTM~1000-98-1-1t. 1 Dear Mr. Chichanowicz: The 'following. action was taken by the Board of Town~.rustees during its 'regular meeting held. on October.3, i991: RESOLVED that the Town Trustees approve the request for a waiver to construct decks and steps between rear of'existing .dwellingand existing bul~head,'-with"changingno.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. Board Of $.outhold TOwn Trustees SOUTHOLD, NEW YORK PERMIT NO .... ~.]J37 ............... ISSUED TO ....... ~!~.;[.A.,~...F!..S..~,~.!~G,E~ ............................. PursUant to'the provMons of: Chapt.er 615 of the Laws of the 'State of New York, 1893; and Chapter 404 of the. Laws of the State of New York 1952; and the S°uthold ToWn Ordinance en- titled "REGULATING AND THE PLACIN'~ OF OBSTRUCTIONS IN AND 'ON TOWN WATERS AND' PUBLIC LANDS and the REMOVAL OF' SAND, 'GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS?' and in .accordance with the Resolution of The Board adopted at a meeting held. on 19...~ ..P,3and in consideration of the sum of $ ................... paid by of ........................................................................................ N. Y. and subject to the Terms and CondH'~ons listed on the reverse side he~'eof, of Southold Town Trustees authorizes and permits the following: Grandfather Permit to reconstruct a 4' X 32~ fixed deck, a' 3' X 12' ramp, a 6~ X 20' float and two 2 pile dolphins in kind/inplace, damaged during Dec. Storm. Little Creek all in accordance with the detailed speci~ications as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seel to' be affixed, .and these presents to be subscribed' by a majority of said of this dat,e. CREATI.VE ENVIRON NTAL. DESIGN.. P.O..BOX 160. PECONIC, NEW.YORK 11958' (516~765;5927 DAVID'CICHA_NOWICZ MAIN'. ROAD 80ETHOI~, N.Y. 11971 :SEPT.-18+19~1 FOLLOWING PRO.1t~. VARIANCE TO THE ZONING ORDINANCE ART. SECHON 100,239.4;t~ FOR P~N TO. CDNSTRUCT DECKS AND STEPS ~"' REAR ~OF'-EX]STING DW'P,I',IING AND ~Xlhq"ING CDNFOBM]NG AS TO LOT 'SIZE ~ THIS R.~ ZONE DISTRIC~. LOCA~N OF PROPERTY: 1935 PINE TRE~ ROAD, CUTH~~ N.Y. COUNTY .TAX'MAP NO. }000&~i,1]~L I ~~Y ~. A WAWER FROM FORWARD ~ AN APPLICATION, THANK YOU FOR YOUR CO~ERATION. YOIJRS TRULY, DAVID CICHANOWICZ PRES. TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vic~ President Albert'. J:,;Kmpski; Jr. John L~'Bedr~o~ki:, Jr. Jotm.'B. Tuthill Telephone (5}6) 765-1892 ,,, · OlJ L. HARRIS · [TOWN'OF SOIJTHOLI , , isor BOARD OF TOWN TRUSTEES TOWN OF SOUTHOIzD Town Hall, 53095 ··Main 'Road P.O. Box 1179 Southold, New York '11971 Fax (516) 765-18.23 Telephone' (516) 765.-1800 GRANDFATHER APPLICATION Name oX Applicant: Joan & William Fis'hlinger Mailing address: 17 Crestwood Road Port Washington, NY 11050 Tel. No: 1935 Pine Tree Road 742.6000 Address of Properny: Cutchogue Tax Map Number: 1000- 98-1-11.1 Approx.yr.of construct: Prior owner if know~i~i.:: ~nknown Diagram of existing structures, including all dimensions, must be included with this apptlcatl n: "Please see attached" Indicate on attached map: Location, ie; reference .point, telephone pole number, adjacent proper~ow~ers,~etc7 Signature of applicant: /.' /j'fi~~. / Date: April 20. 1'993 Grt.en~rJu.st Please note, there is a one time fee of .$/0.00 for filing this application. / 95-20~ [10/90)--25c DEC PERMIT NUMBER 1-473.8-00398/00001-0 EACIL.ITYJRROGRAM NUMBER(s) NEW ¥OR~5'-,?ATE DEPARTMENT OF ENVIRONMENTAL CONSERVATI ' EFFECTIVE DATE PERMIT Under the Environmental Conservation Law (ECL) ~y 1: 19'9.2 EXPIRATION .DATE May t, 1994 :'I TYPS'OF PER~[T (Cb~.ck:Al[ .Applicable' Boxes) L . [~Ne~.. .[-['Renew~l [] Modificatio~ [~Perm[t to Construct [~Pbrmit to Operate Article 15., litle 5: Protection. of Water  -] Article 15, Title 15: Water Sup:ply ':'ArtJcle 15, Title 1.5: Water Transport [---~ Article 15., ~Fitle 15: i~ ./ Long Island Wells A.rticJe. 1'.~5:,..T_.it!e._.27: 'Wild, 'Scenic; and Recreational Rivers 6'N'¥C~RR 608: Water'Quality Certification Article 17, Titles 7, 8: SP.DES Article 19: Air~ Pollution Control Article 23, Title 27: Mined Land Reclamation Article,~24:., Freshwater Wbtlands Article,.25: Tidal Wetlands ArtiCle 27, Title 7; 6NYCRR 360: Solid Waste ,Management ,:.PERMIT ISSUED TO William & Joan. Fis'hlinqer .[--~-I Article 27, Title'9; 6NYCRR 373: I r Hazardous Waste Management Ar~ic'l.e 34: . Coastal .Erosion Management A~ticle. 36:. · Floodplain Managemerit J~q Arti'cleS 1, 3, 17;':t§i. 27, 37; ' 6NYCRR.380: Rad.JatJdn Control -] 0the.r: TELEPHONE NUMBER 516 ADDRESS OF PERMITTEE 17 Crestwood :Rd-., Port Washinqton, NY cON~^Cr PERSONFOR .PER'M~TTED WORK Creative Environmental Desiqn NAME 'AND ADDRESS O[ PROJECT/FACILiTY Fishlinqer Proerty 11050 . TELEPHONE NUMBER ( gl C-4765~927 1935 Pine Tree Rd. LOCATION OF PROJECTJFACIL1TY CUtchoque COUNTY TOW~ WATERCOURSE/WETLAND NO T,i If1 e Cr~.~.k INYTM COORDINATES F' N:4 DESCRIPTION OF AUTHORIZED ACTIVITY Construe% a deck, stairway and walkway. ~l 1 '~x~rk ~h~] 1 _be_ dop~ in~rd=~ .... to plans prep&red Dy Ind.i~mNock Corporation dated July S, .~991 last revised 3/25/92. · By acceptance of this permit, the' permittee agrees that the permit is. contingent upon strict compliance with the ECL, alt applicable regulations, the General Conditions specified (See Reverse Side) and any Special Conditions incKtded as part of this permit. ~e~:~o~ A~-~ PERMIT ADMINISTRATOR . ADDR£.SS ~O~V ~0~, ~. ~d~. ~.~O-~ ChriStine ~sto~ulos t ,. _ . ~y 1, 1992 Page I of 4 Inspections 1. G E.N EfiAL CON DITIONS The permitted site or faci'lity, including relevant records,. 'is subject' to inspect on at reasonable hours and intervals by an authorized representative of the Department of Environmentai Conservation. (the Department) to. determine whether the permittee is complying 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. Faiture to produce'a copy of the permit upon request by. a Department 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 and 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 or supplemental infor- mation the Department requires. Any renewal, modification or transfer granted by the Department must be if~ writing. 4:. The permittee must submit a renewal application at least: .a) t80 days before expiration of permits for State Pollutant Discharge. Elimination System (SPDES), Hazardous Waste.Management Facilities (HWM F), major 'Air: Pdti'uti~n 'C°ntroi(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 determination. Other Legal Obligations of Permittee 6. The permittee has accepted expressly, by the execution of the application, the full.legal responsibili- ty for ail da:mages, direct :or indirect, of .whatever 'nature a, nd by whomever suffered, arisin~ 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 [esulting 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- me'nt o.f any fights;, 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 ~ermits, approvals, lands, easements and rights- of. way that may be required for this project, Page 2 of ~ : . ~ .'.i~'. ': · r..: ,~'i ~: , ' · ' ~,~ ..~, i ,~ .~:" .' A~pticant pro~Ip.~?s to r'econstruc, t a 4'x32' fixed ~'14-~;'".'.~:.x12:~: rarn~, 6.'x20' 'float plac~,.' ~I]. st',h.~c:t, ures Were' lifted arid cl~maoed y~ ~ '. i.: · ?:" 11, ~' .... APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone ·(516) 765-!809 : . BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 South0kl, New York 11971. Fax (5i6) 765-1823 Telephone (516) 765~1800 October 18, 1991 Mr.. David Cichanowitz Creative Envionmentai. Design P.O-. Box 160' Peconic, NY 11958 Re: Appl.'.No. 40'51 - William and joan Fishlin.ger .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 issuance of appropriate permits or other approvals in this project before commencing building or site activities. Very truly yours, Linda Kowatski Enclosure Copy of Decision to: Southold Town Building Department~ S'outhold Town Board of Trustees~' Suffolk County Department of Planning APPEALS BOARD MEMBERS Gerard P. Goehriager, Chairman ...... Charles Grigonis, Jr. ~-' ,.~._4 Serge Doyen, Jr. ~ ~'~ James Dirdzio, Jr. ~ Robert 'A; Villa Telephone (516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT.L. HARRIS Supervisor Town Hall, 53095. Main Road P.O. BOX 1179 Southold, New¥ork 11971 Fax (516) 765-1823 Telephone (51.6)765q800 ACTION OF THE BOARD App'l. NO. 4056. Upon application of CONSTANTINOS MARKOTSIS.. Variance to the Zoning Ordinance, Article XXIII, Section i00'239.4B for permission to approval of 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 Properny: 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. 1000-7-8-5-12. 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 documentation 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 f'otlowing findings of fact: 1. By this application, appellant seeks a variance under Article XXIII, Section 100-239.4B 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'.0i wooden steps, is requested to be set back 71'2" from the existing bulkhead at its closest points (see project plan prepared by P'roper-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 i2, has a frontage of 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. ..?~p§e pl. - September .~."., 1991 Regular Meeting No. 405.6 C'on'stantinos Markot'sis (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 sOutherl~ (side) property .line, 78 feet..to the ~'bulkhead/r~mp area at its closest point-, and 92+- feat to the ~Ortherly (frOnt) property line.' No accessory storage buildings exist'at the premises currently. 4. Articie. 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 struct~reexists. . and:which is adj'acent to tidal water bo'die~-.other than the. Long Island Sound .to be set back not iess'than.'s'evestY-~ive (75-) fe~t 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 finds: (a) the relief as requested is not substantial in relation to the requirements; (b) the relief as requested is not the minimum n'ec.essar.y to a£ford relief; (c) the relief as alternatively granted will not 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 9ranted, 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, o.n motion by Mr. Doyen, seconded b.y 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: t. That the construction shall be not Closer than .74 feet (as applied), at its closest distance to the bulkhead; Constantl Markotsis ~.~ ,'-~ a.g e ~'~"~ APpl. No. ~056 Decision Ren.dered September 26, 199I 2. That the porch (screened-in deck) addition remain unheated, as .appl'ied; ~. That-the porch (screened-in deck.) addition not be permanently enclosed Ci.e. glass or similar enclosure, although plexiglass will be permitted); 4. That the steD area be relocated 'to the northerly or s6utherly ends of the. deck (rather than on .the seaward portion). (Any structural enlargement or .expansion wilthin .the 75..ft. setback from the bulkh~.ad, or ~other 'nonconforming yard areas, wf. ll require further, application to and approval by this Board..) Vote of the Board: Ayes: Grigonis, Dinizio and Villa. adopted. Messrs. G.oehringer,..Doyen, This resolution was duly lk GERARD P. GOEHRINGER, C~AIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles GrigOnis, Jr. Serge Doyen, Jr. James Dinizio, Jr. RObert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE:BOARD SCOTT L. HARRIS Superv~or Town H~I, 53095 Main'Road P.O.. Box 1179 Southold, New.York 11971 F~ (5t6) 765-1823 Telephone (516) 765-t800 Appl. No. 4051. Upon application of WILLtAM.,::'AND:.3OAN...:.FISHLtNG~R¥::'::""Variance to the zoning ordinance, ~icle'xX'III, Sac'ti'on 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: 19.3'5 Pine Tree Road, Cutchogue, NY; County Tax Map NO; 1000-98-1-11.1. WHEREAS, .a public hearing was held on Septe_mber 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, submitted concerning this appl. ication~ 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 of fact: t. By this application, appellant seeks variances'under ArtiCle X~III, Section 100-2'39.4B 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 b~ 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 t.o 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. Nu:.~ 4051 Matter of WILLIAM AND JOAN FISHLiNGER Decision Rendered September 26, 1991 tntal lot .(upland) area of approximately 1.2 acres. The area seaward of the house has varied contour elevations above mean sea ~llew.~et from 12 ft. to zero ft., and the bulkhead which exists, is ~'!i~.~_ithe four ft. contour elevation as shown on the July 8, !991. ~survey map prepared by Roderick VanTuyl, P.C. ~'~ 4. Article XXIII, Section !00-239.4B of the Zoning Code ~reqBires all buildings and structures located on lots upon which ~a'bUlkhead, concrete wall, rip-rap or similar structure exists i'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: (a) 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 character of the neighborhood; (d) the practical difficulties are uniquely related the property and are not personal; (e) the relief, as alternatively granted, will not in turn be adverse to the safety, health, welfare,'cc~nfort, 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 b~ granting the relief as alternatively and conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to DENY the.relief as requested, and BE IT FURTHER RESOLVED, to GRANT. alternative re, lief for an open, unroofed deck addition at the rear of..the exiStinG dwelling, together with steps for access to the beach area, SUBJECT TO THE FOLLOWIN~ 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. N'o. e~l~.. Matter of WILLIAM AND JOAN FISH~iN6ER DeCision.Rendered. SePtember 26, 199t~'- (The lower deck areas and walkWays are not authorized by this decision.) 2. The subject new construction shall remain open and unroofed, a's applied. 3. ~'.AnY..ch'ange in grade contours or changes' resulting in the deck construction must incl.ude measures to curtail, run-off or . drainage on site (.as~.recommended by 'the' Town Tr.u'Stees.;.i.Buitding Inspector, .BOard .of Appeals, or 0%her involved'agency).. Vote of the Board': Ayes: Grigonis', DiniziO and'.Villa. adopted. Me$:srs. Goehring.er:, Doyen, 'This resolution was dUly lk GERARD P. GOEHRINGER, CHAIRMAN >L~,bb . "~Fi'shlinger Propert~/ ,.1935 Pine Tree Lane, Cut~hogue 3/10/93 at approx.-2:20p.m. "1) / I. / I / / / / / ,?,// t / / / / /