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.
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