HomeMy WebLinkAbout4499 DAVID ~
-D~ep_3Io~e~..D~i~ .... Oct. 24~ 1963
- ~t tituc2~,~e~ _yOrk ............. Rage g
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Sr.
Lydia A. Tortora
Maureen C. Osterlnallll
BOARD OF APPEALS
TOWN OF SOUTHOLD
Sou(hold Town Hall
53095 Main Road
P.O. Box 1179
Sou(hold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
FINDINGS, DELIBERATIONS AND I)ETERMiNATION
ADOPTED At[' REGIILAR MEETING OF SEPTEMBER 11, 1997
Appl. No. 44~/ - Richard and Pamela Frerking 1000-115-12-9
STREET 8* LOCALITY: 680 Deep ttole Drive, Mallituck, NY
DATE OF PUBLIC lfEARING: August 28, 1997
FINDINGS OF FACT
PROPERTY FACTS:/DESCRIPTION:
This property is located iii an R-40 Low Density Residential Zone
District, being situate on the westerly side of Deep Hole Drive,
Mattituck. This lot contains a total area of approximately 9972 sq.
ft. and an inspection of ~he p~,emises shows (hal lhe preinises is
improved with the following: our-story and lwo-story dwelling with
additions set back al 32 fee! from the front ppopepty line at its
clasesl point.
BASIS OF APPEAL: Building Inspector's Action of Disapppoval dated
Jaly 1, 1997, undor which applicant applied fox, a building permit to
construe( an addition to dwelling which will have an insufficient
froat setback as a principal buildiug at less than the existing,
eslablisbed 32 ft. nanconformil~g setback, ander Article XX1V,
Section 100-24,1B. The Building Inspector has also confirmed that
lbo selbaek is less lhan a 35 ft. sell)ack (ref: setback schedule for
parcels having 9972 sq. ft. in size).
AREA VARIANCE RELIEF REq}UESTED BY APPIJCANT: To locate
17'4" wido by 13' deep addition at lhe front of tbe existing dwelling
leaving a reduced setback at 19 feet front the front property line.
REASONS FOR BOARI) ACTION, I)ESCRIBEI) BE1,OW:
Altemmtive relief is requesled as a minimum alnounl of eetief for a
four ft. extension al lin, fronl of lbo Imuse, wrapping ar(mad the
side of the honse mainlaiaing the same side yard so(back at its
closost existing point. Tim altemmlive setback for lifts four-ft.
front exlensim~ will Ii~aw~ a frm~lyacd selback at 28 feet at its
closest point.
(1) The granting of allemmtive m~lief iu Ibis area variance will
not produce an undesirable chango in character of ueigbborhood or a
delpiloeBl 1:o nearby pm~perties l)et~atlse other pr.,peeties in the area
Page 2 ~ September 11, 1997
Appl. #4499 (Frerking): 1000-115-12-9
Southold Town Board of Appeals
appear to be within the same distance from the street that this
addition will be after it is built.
(2) The benefit sought by the applicant can be schieved by
alternative relief; however, the benefit cannot be achieved by some
method, feasible for applicant to pursue, other than an area variance
due to the substandard size of the property, the limited buildable
yard areas for this waterfront lot, and setbacks of the principal
building at it presently exists.
(3) The requested area variance is not substantial representing a
reduction of four feet from the existing 32 ft. setback to acquire
the new 28 ft. setback (altemmtively). Note: The applicant's
original request for a 19 ft. setback is substantial representing a
reduction of 13 feet in the front yard.
(4) The proposed variance, as alternatively granted, will not have
all adverse effect or impact on the physical or environmental
conditions in the neighborhood or district because other houses in
Ihe area have similar setbacks.
(5) The situation has not been self-created and is uniquely related
to the characteristics of the layout of the land, its substandard
size at 9972 sq. ft., and location of existing buildings.
(6) This action is tile minimum that the Board dec,ns necessary and
adequate and at the stone time preserves and protects the character
of the neighborhood, and the health, safety, welfare of the
community.
RESOLUTION/ACTION: On motion by Member Dinizio, seconded by
Member Ostermann, it was
RESOLVED, to DENY the relief requested for a front yard at 19
feet, and BE IT FURTHER
RESOLVED, to GRANT ALTERNATIVE RELIEF for a setback in the
front yard to 28 feet at its closes1 points.
VOTE OF THE BOARD: AYES: MEMBERS DINIZIO, TORTORA,
OSTERMANN, GOEHRINGER. (Member?~f,en of Fishers Island was
ah sent and excused.)
~_/GERARD P. GOEII-R~tNGt~tt,
/ Resolut~n O LI c iXrED AND
Actions.all/115-12-9
FILED BY
Th ~:
-'~ ~D TOWN Ci.i~P,K
DATE q-~- 77 HOUR
__Tow__n Clerk, Town oi oouthold
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following applications
will be held for public hearings by the SOUTHOLD TOWN BOARD OF
APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New
York 11971, on THURSDAY, AUGUST 28, 1997 at the times noted below
(or as soon thereafter as possible):
6:45 p.m. Appl. No. 4.198 - Application of Anne M. Shannon. This is a
application based upon the June 24, 1997 Notice of Disapproval by the
Building Inspector in which applicant requested a building permit to
construct a deck addition and accessory shed. Variances are requested
under Article IIIA, Section 100-30A.3, Bulk Schedule in the R-40 Zone,
for permission to construct deck addition and accessory shed which
exceeds maximum lot coverage of 200 by adding an additional 504 sq. ft.
over that allowed by Appeal 44267 dated 9/15/94. Also under Article
XXIV, Section 100-244 for nonconforming lots, the deck addition will be
less than 35 feet from the rear lot line. Location of Property: 2775
Marratooka Road, Mattituck, NY. County Parcel No. 1000-123-2-26.
Existing total land area consists of 6775+- sq. ft.
6:50 p.m. Appeal No. 1199 - Richard & Pamela Frerking. This is a
request for a Variance under Article XXIV, Section 100-244B based upon
the July 1, 1997 Notice of Disapproval issued by the Building Inspector
Page 2 - Legal Notice
August 28, 1997 Regular Meeting
Southold Town Board of Appeals
in which applicant applied for a building permit to construct an addition
to dwelling which will have an insufficient front setback as a principal
building at less than the existing, established 32 ft. nonconforming
setback. The Building Inspector has also confirmed that the setback is
less than a 35 ft. setback (ref: setback schedule for parcels having
9972 sq. ft. in size). Location of Property: 680 Deep Hole Drive,
Mattituck, NY; County Parcel 41000-115-12-9.
6:55 p.m. Appeal No. 4500 - Catherine Harren. This is a request
for a Variance under Article ILIA, Section 100-30A.4, based upon the
June 23, 1997 Notice of Disapproval issued by the Building Inspector in
which applicant applied for a building permit regarding placement of two
accessory buildings as located in the side yard area. Location of
Property: 3000 Reeve Avenue, Mattituck, NY; County Tax Map Parcel
No. 1000-100-1-6.
7:00 p.m. Appeal No. 4445 - Mary Tangney. This is a request for
a Variance based upon the March 20, 1996 Action of Disapproval by the
Building Inspector as per Article III, Section 100-32 for the proposed
insufficient lot area in this proposed set-off or minor subdivision for
two lots, situated along a private right-of-way extending from Little
Neck Road. Cutchogue; County Parcel ID No. 1000-103-5-2.1 consisting
of 143,020 sq. ft. Proposed is the reduction of land area for two
parcels, each less than 50,000 sq. ft. in total area.
7:10 p.m. Appl. No. 4501 - E. Nagy. This is a request for a
waiver under Article II, Section 100-26 based upon the July 7, 1997
Notice of Disapproval of the Building Inspector stating two reasons:
Page 3 - Legal Notic=e
August 28, 1997 Regular Meeting
Soutliutd Town Board of Appeals
(1) under Article II, Section 100-24A. (1) land area identified as
1000-27-4-2 and 1000-27-4-3 were created by deed in 1965 and do not
meet the minimum lot requirements (12,500 sf) and (2) under Article
It, Section 100-25A, total land area merger- exists for 1000-27-4-1, 2
& 3 having been held in common ownership after July 1, 1983. Location
of Property: Harbor Road, Orient, NY. Applicant proposes 28,445 sq.
ft. of land area and 132.57 lot width as to 1000-27-4-3 & 2, and with a
remaining house tot of 20,000+- sf. and lot width of 100 feet as to
1000-27-4-1. Zone District: R-40. (Schedule AA as revised July 22,
1997 shows a size requirement for lots created between April 1957 thru
November 1971 at 12,500 sq. ft. and 100 ft. lot width.)
7:15 p.m. Appl. No 4502 - Moore's Lane Development Corp. This is
a request for a Variance under Article XXV for permission to construct
deck addition to condo unit =60 at 135 R60 Caleb's Way, Greenport, New
York; County Parcel No. 1000-40.1-1-60 due to proposed reduction in
the front yard setback at less than 35 feet. Zone District: AHD.
The Board of Appeals will at said time and place hear any and all
persons or representatives desiring to be heard in the above
applications. The above hearings will not start before the time
designated. Each file is available for review during regular business
hours (8-4 p.m.). Written comments will also be accepted before that
hearing is concluded. If you have questions, please do not hesitate to
call 765-1809.
Dated: July 31, 1997. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER. Chairman
By Linda Kowalski
x
APPEAL FROM DECISION OF BUILDING INSPECTOR
RE: ADDITION TO RESIDENCE OF:
RICHARD K. AND PAMELA FRERKING
680 DEEP HOLE DRIVE MATTITUCK, NY 11952
PHONE RES. 298-3267 BUS. 468-9307
~ j
TOWN of SOUTHOLD
OFFICE OF BUILDING INSPECTOR
Town Hall
Receipt NO. 5 3106 Southold, New York 11971
Date .....Y.1. 2
:.....4.)V.aA 4.....~ Dollars
J.~-fir
For ....l.~.
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Fee for
Fee for Fee for Fee for Certificate
? Yard Sale ? ? ? H.I.C. ? Building Permit ? of Occupancy - c.
? Cash - O V
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Building Department
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l~mil. 1111-• ~v~nnr /
county -i ax N-1,111 No. 1(100 Scclioll 1./S..... 131ock l R''7 L.ol . l - . .
Lot No. .
is ~Cyunlr•ii hcrC"~i1h and ilia) ln",'I ini Ihr fnllm inkI'T(I'm!c GC4i4ALf -Ltll. X
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FORM NO. 1 3 SETS OF PLANS
TOWN OF SOu'ruoLD SURVEY
BUILDING DEPARTMENT CHECK
TOWN HALL SEPTIC FORM
SOUTHOLD, N.Y. 11971
TEL: 765-1802 NOTIFY:
CALL
Examined 19.... MAIL. TO:....................
Approved........ Z.'
19.... PerunL
Disapproved a/c ,/.°,1.. j:....... '.j;
(Building Inspector)
APPLICATION FOR BUILDING PIiRMI'r p
INSTRUCTIONS
a. This application mist be completely filled in by typewriter or in ink and submitted to the Building Inspector wit
3 sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan shoving location of lot and of buildings on premises, relationship to adjoining premises or public
streets or areas, and giving a detailed description of layout of property most be drawn on the diagram which is part of
this application. '
c. 'lbe work covered by this application rey not be comenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such
permit shall. be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of
Occupancy shall have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zane Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions or alterations, or for removal or lition, as herein
described. The applicant agrees to comply with all applicable laws, ordih}}~y~es, Vi rn i housing code, and
regulations, and to admit authorized inspectors on premises and in buildi/f or a
tions. 6
lyc
(Signature of applicant, qr name., a co
6, P01 Ppfl4A.Palfl?.6A.. !.9172...
(Mailing address of applicant)
whether applicant is owner, lessee,-~•--ent,------archi-----tect-enpg---i.....neer-,-genera--.-.•l-•.•.-•..--contractor-,---el BCtrician, plumber or loilder.
State O
I
M-ne of wooer of premises I k~ I Q.
~LC~!a!"..."..a".!'!... ~p.!+.".r.!. 1.her(C„p
(as ou the tax hull or latest deed)
If appl. icant is a corporation, signature of duly authorized officer.
(Nape and title of corporate officer)
Builders License No .
Pludhers License No.
Electricians License No. -
Other Trade's License No.
Incation of land on which proposed work will be (lone
680..Q.etp.. !!i........... 17a It., yJ
Ikxbse lknber Street hh~~ ~ Hamlet
County Tax Map No. IOW Section . . . . .
..I.~ S~.!. Block Lot
Y
Sulxlivision Fi Ied Map No. Lot
(Nam)
2. State existing use and occupancy of Premises a d inlenxl 1 use antl occupancy of propose(] construction:
a. Existing use and occupancy ft~RI ~-e.I;!%J -,ekT!4l. L
b. Intended use and occupancy !l^.r. A#-qt
.~.!!o4
.._@t r" K•
3 Nolme of wtk (check which allAicable): New Ikrildinl; /vklilioll .V/.... Alteration/'..... .r
Itelxiir Reiwal Dmol ilia; Other hook /t-p0..7.4Xt!-fls
4. Est illwetl Cnstp.~.006.........-.. fee -.....!--F
(lo la laid of filing [his algdicatioo)
'i. If rkd lIing, oxnloer of. A,;ell ity, units Iknher of owning units (To each floor
If garage, nnlx~r of cars
6- If li ;siness, crrinercial or mi>re<I ocagoaocy, specify rnllure mxl extent of each type of use
J
7. Dlux_nsiq;s of existing sl nx~hores, if any: Proa:-.~. Item- Depth .0. .
Ik-ilJlt: --.33 tknlxtr oI' Slnr ics -I/~" I /XnJ
NhlienSlols of sine aLrlMLore with alterations or :xkll L Ions: Front .-L~..I.T-..1. Rear .../V
Depill Ile i1)1t .7.70........-Ll mlix.r of Stories Z../'tr....-
11. Divensims, of entire coostnx_l. ial: Kroll: Rear - Zy.%n..-- Depth ..t4!...-...-.
J r
Iki(JLL ..1..-22 ............:...r Noher of Stories
9. Size of lot: Frrot D.6 IL:ar D.•.......- Deryt-hh .A-.... 2. O.1.
10. Rile of Hlrchase Naive of Ponler Ck.nler 4vrY 'Y. r W4.11.. 4p.6....
11. hioe or u;na district in wilicl preni ses are sihlated ....er.l1A. t/.Cv.I .............../....-j,
11. Does prolrnsevl calstnxcLion violate any zcoing law, ordinance or regulaCioo: .....~C P.4C/5-.-.---. 6T~1ef
II. Will lot lie regraelell Alb Will excess fill Ile relweil fran premises: YLS ~6v*a307
14. Manes of OLroer of premises !r.Cti01!t/-~/;a !ti 4IG /:r Pt'kl hy'Iress ~t3 YY~.P~'/JW.~.(/!:-!/Yl.//!/u.t/Y Hlaie No. 2 !V ~2LaT
Mine of Architect Aiklress Hyxr No.
Nino of CcoLractor NITh-ess Hlone No.
li. Is this pmperty within 3(1) feet of a tit4al wetlatxl? * M, v..... ND
*11? Y&S, CmIIHAiJ l(x4N-liann'ps ltil~tl'1'!NY IV., Iu)I11RI?). ,J O ~o~l ,t/Y. DJ•"'', /u~t~ef~iD. ON TI~
Aleut Ceetf•ucr'c1 iS la-d word drP.ev;ow P0-%A(406O-? ` 1 / p
FLO'I' DIAGRAM 7h.4'?f?f /0!'a:J lip. py ,fit CO
Irx'ale clearly aryl distjinctly all Ixlildings, wllelaier existing or proloseil, and ilitlicate all set-Irack dineosions
fran properly lines. Give street six] block n¦doer or ikesciiption according totleed,, alxl slow street nerves aryl iolical-e
Idoctloer interior or corner lot.
y d /0(6/ 14,44% CL #r. Crh Cr~f
~urV< ah
I'A'lli (Ar MW YgtK,
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1A1NIY (A'
-.--.../-1. t. '"1n~ ................twing duly swcirn, detoses alxl says LIIaL he is Uw applic:ml.
;Mane of iolivi(jnal. signing caltract)
Time lunxal,
N
le tli the .u!n 4
(Ccotractur, allent, corloraLe officer, etc.)
if said o,,otr or owner., mxl is duly :nnhorizevl Lo Ix±l-fona or have tx:rfornred l.he said work aol to nuke arxl file. ibis
ippl ication; that: all. M aLenent- ccotnilxsl in (his algol ical ion are Itoe to the Ixsel of his loxmleilge alxl Ixel. iel; alxl
hrol. Life Mirk wi1.1 Ire perforned in the nonner set forth in the applical:ion fi10 t.lie-Ifritll.
).airn to Ixthlre ae Ibis _
~....-......i(Jay of 19
Notary I',lbl is
CATHERINE A. " (Signature of All icanL) G
Notary Public, Stele d MM
No. 491096
Oualdied in Suffolk (buff
Cmm Wm Eon January M 11v
PROJECT DESCRIPTION
Objectives: 1. To gain usable sheltered space that can be used to store garden tools,
furniture, and machinery. Also a place to use for hobby activities such as
woodworking.
2. To improve the aesthetics of the front of the existing structure.
Note: The functions described above would normally be served by a structure such as a garage.
However, we felt that constructing a garage in the front of the existing structure would impose
too severely on the setback requirements and are therefore submitting a compromise plan that
will maximize the use of the existing verandah by enclosing it, while extending the structure
only 13 feet forward (to the existing stone wall in the front garden) in order to make it more
usable. This will result in a setback of 19' from the property line (approximately 29' from the
road). This is approximately the same setback of the garage located on the third property north
of the proposed addition site. The alternative of constructing a building or garage at the rear of
the house would be impractical for three reasons. The existing septic system placement would
preclude putting it immediately behind the house. Setting it further back would seriously impair
the water views of the neighboring properties. And such placement would necessitate approvals
from the environmental groups.
The materials used for the proposed addition will match those used on the existing structure Eg..
Cedar Shingles with a 7" exposure, Anderson double hung windows, and architectural roof
shingles to match the shingles of the existing structure, and will significantly enhance the street
side appearance of the property. All construction will conform to existing ordinances. The
owner intends to do some of the work, and will use licensed subcontractors when necessary.
Please note that though the construction site is less than 300' from wetlands, it is 24 feet further
landward than the previous addition to the house (implemented in 1993) for which a letter of
non jurisdiction from the DEC, Trustee approval and CO are already on file with the Southold
Building Department.
If you have any questions regarding this proposed project please call Rich Frerking at either of
the following numbers.
Business hours 516 468-9307
Evenings or weekends: 516 298-3267
t TOWN OF SOUTHOLD AtOPERTY RECORD CARD
OWNER STREET; VILLAGE DISTRICT SUB. LOT
FORMER OWNER N CRa GE 1
S W TYPE OF BUILDING
L> L-Vc~'.~i n y ~ ~i..e ~i r! ' 1 ' << , - ~E. <~,..e..~'~. r' ~''2-a•, i ~C
RES. SEAS. VL. FARM COMM. I IND. I CB. I MISC.
LAND IMP. TOTAL DATE REMARKS '
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--ADO (0 0 D /000
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~n 7110 /a o 1~ s d
NEW °~URORMAL BEL W ABOVE
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`07 zdp- /gy lII/off _41-_ X113.7- P059/~-
~oA yyct~ _x,200 3~r 9r gl i7 ra - P ~ng4 ~ -eon ~~r' ~ _ U _Jac,.
Tillable 2 7
Tillable 3 j - - - -
Woodlahd
Swampland
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House Plot
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M. Bldg ( Foundation ~r/j~ Bath
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~ExT 1 nun O Basement Floors
161f~-~ Ext. xsion Z 3, 6 p _Walls Interior Finish
Fire Place Heat ~A• n 3AFire Place Heat
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xtension 3 3 Z=
Porch Attic
Porch Rooms 1st Floor
Patio Rooms 2nd Floor
B reezeway
Garage F" Ib = I L S ''j (o ob .7 Driveway
sf~ = H 8
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N/F GAUV EY
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R i AREA=-9972 S. F
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47t,~r-- i to this survey is avic.':
Section 720e of the Ncd Odic State
Education Law.
Copies d dde survey map not bearing
I the land surveyors inked sW or
en hared eW dW net be Considered
to be a vald atie ON.
O~Ey NEB `
i Gtsrrars biftabd Mason Wall nun
o* b the pmm brwhoin doe ewer
ry r _ i'') r1 Y, ; ne' andonNabsWOO M
-r I title company. governmental agency and
lending itsuwtion.Isted hereon and
E r v r to the assignees of the lending 'Is',
CJ f ~I 0 \ tution.Gusrsntses:usnet iran510rabte f o
o '
- - additional institutions or subsequent nF 18Peeae
Owners. tisFO No. LAND SJe'
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AT
MATTITUCV- I
TGWN :;F SOUTNQLP4 NI.Y. MAP AMEWDEC• MAY IC,1493
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81 211
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HATCHED AREA NEW 3' OVERHANG
IS NEW
CONSTRUCTION- ----SONOTUBE FOR SUPPORT POST
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15' 6" I~ 32' 0"EXISTING SETBACK
13' "
T
16
1 "
19 'NEW SETBACK
PLOT PLAN TITLEI-IOBBY AND WORKSHO
DRAWN BRKF DATE: 5/30197
SCALE : 1/32" = 1'0"
SHEET NOA= OF
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1 p Pitch Cons istant With Existing Structure
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Ex ist ing
Stricture p g'' ~ Opt Tonal Dormer ~
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LOWER WALL TO ACCOMMODATE W I NDOW
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Existing Verandah
Existing Verandah
~8 0'' New Extended Construct ion Area ~g 10, New Extended Construct ion Area
13'0"
-we 13'0''
i
21'0" - La 1 21'0''- on
T I T L E : HOBBY AND WORKSHOP TOOL SHED
DWN BY : RKE DATE : 5/25/97
SCALE : 1/4 1 '0'SHEET NO . OF
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3 - 2'' X 12'' HEADER W ITH 2'' X 6'' TOP PL
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3 - 2" X 6" ffADER I
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174 7,8 17'4'' 7,8
Front E levot ion
Front Elevot ion
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T IT L E : HOBBY AND WORKSHOP
DWN BY : RKF DATE : 5/25/97
SCALE : 1/4 1 '0''
SHEET NO . 2. OF
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Existing Foundation
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- - - - -
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- - - - - - ~ + 10'' SONOTUBE to 3 be l ow grade
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1 ' 3'
New Foundation and Slab
6 7•'
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13 0''
3 9''
17 ' 4''-
i POUNDAT ION PLAN
GRADE
1 6'' 4" RE INFORCED CONCRETE
4''Gravel
2 ' -0"
TITLE : HOBBY AND WORKSHOP PROJECT
DRAWN BY : RKF DATE: 5/17/97
0 8 SCALE : 1/4 1 '0"
1 4'
SHEE I NO. 3 OF
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2 X 8'' RAFTERS
2" X 6" RAFTERS ON DORMER
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2'' BY 6'' STUDS
3 X 2" BY 10" I€ADER
NEW 8'FLOOR JO ISTS W ITH 2' OVERHANG
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EX IST ING
BLOCK WALL AND
7 ' 11" i
FLOOR LOWERED
TO SAME AS MAIN D0~ D a
i Existing Door Removed HOUSE LEVEL ~ i
Existing Door Removed
rade level Grade level
6'' X 6'' SUPPORT POST
~6 51 1
X 36" BY 82" DOORS OWNER SUPPL IED
6,5„ 2 11 13'0"
13'0'' 4'5„
3'8'
21'0'' 210"
Right Elevation (North Side) Right Elevation (North Side)
T I TLE : HOBBY AND WORKSHOP
DWN BY : RKF DATE : 5/25/97
SCALE : 1/4 1 '0"
SHEET NO . OF
I
I
f
COUNTY OF SUFFOLK
OCT - T 1997
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
STEPHEN M. JONES. A. I. C.P.
DEPARTMENT OF PLANNING DIRECTOR OF PLANNING
October 3, 1997
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code,
the following application(s) submitted to the Suffolk County Planning Commission is/are considered
to be a matter for local determination as there appears to be no significant county-wide or
inter-community impact(s). A decision of local determination should not be construed as either an
approval or a disapproval.
Applicant(s) Municipal File Number(s)
Tangney, Mary 4445
V Frerking, Richard & Pamela 4499
Grattan, Joyce 4505
Very truly yours,
Stephen M. Jones
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:cc
G\W P W IN6DIWPDOCS20NING%WORKING\LDS\SEPTSD4445. SEP
220 RABRO DRIVE ¦ P.O. BOX 6100 0 HAUPPAUGE, LONG ISLAND, NV 11788-0099 0 (516) 853-5190 ¦ FAX (516) 8574044
APPEALS BOARD MEMBERS OgUfFO(,S c
5S OG Southold Town Hall
Gerard P. Goehringer, Chairman 53095 Main Road
Serge Doyen °w x P.O. Box 1179
James Dinizio, Jr. Southold. New York 11971
Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
Maureen C. Osterman
BOARD OF APPEALS
TOWN OF SOUTHOLD
Pursuant to Article XIV of the Suffolk County Administrative Code, The
Board of Appeals of the Town of Southold, New Yorlc, hereby refers the following
to the Suffolk County Planning Camu scion:
XX-Variance from the Zoning Code, Article XXIV , Section 100-244B
Variance from Determination of Southold Town Building Inspector
Special Exception, Article Section
Special Permit
Appeal No: 4499 Applicant: Richard and Pamela Frerking
Location of Affected Land: 680 Deep Hole Drive, Mattituck, NY
County Tax Map Item No.: 1000- 115-12-9
Within 500 feet of:
Town or Village Boundary Line
XX 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
Within One Mile of a Nuclear Power Plant
Within One Mile of an Airport
Comments: Applicant is requesting permission.to construct addition to
dwelling with an insufficient setback (front)
Copies of Town file and related documents enclosed for your review.
Dated: October 2, 1997
APPEALS BOARD MEMBERS
~gUfFO(
Southold Town Hall
Gerard P. Goehringer, Chairman 53095 Main Road
Serge Doyen P.O. Box 1179
James Dinizio, Jr.
~ Southold, New York 11971
Fax (516) 765-1823
Lydia A. Tortora y'~O! # ~a0 Telephone (516) 765-1809
-aQreen C. Ostermann BOARD OF APPEALS
TOWN OF SOUTHOLD
September 16, 1997
Mr. and Mrs. Richard Frerking
680 Deep Hole Drive
Mattituck, NY 11952
Re: Appl. #4499 - Addition to Dwelling (Front Yard)
Dear Mr. and Mrs. Frorking:
Enclosed please find copy of the denial with grant of alternative
relief for a reduction in the front yard setback. This determination
was rendered at the Board's Regular Meeting held September 11, 1997.
A copy has been furnished to the Building Department for their update
regarding the pending building permit application file and the Notice of
Disapproval file.
You will need to submit revised plans with the Building Department
and obtain a building permit, as you know, before commencing any
construction activities.
If you have any questions, please do not hesitate to call either
our office at 765-1809, or the Building Department 765-1802.
Very truly yours,
Linda Kowalski
Enclosure
9/17 Copy of ZBA Decision to:
Building Department
r 0
1• ~~~lispr r. ~ ~ ~ ~ t~. , ~ i
. Vr it r,..:
r C• rv ~~t y]Y
n I I
GIBow `II (I r 1 ~ r ..,ice
~ . F lh I
I ! y
MIS,
~ p{
EXISTING SHOP AREA IS APPROXIMATELY 8 BY
15 FEET. A DANGEROUS ENVIRONMENT FOR
USING POWER TOOLS
• •
Al y Orrtcz` of
ZONING BOARD OF APPEALS
TOWN MALL
(WAIN ROAD • S. R. 25
SOUTHOLD, N.y,._11971
FYI for ZBA
DATE: September 4, 1997
SUBJECT: Newspaper Reporting of ZBA Meeting of 8/28/97
The ZBA office just wanted to bring an FYI to your attention
regarding errors reported regarding the ZBA August 28, 1997
meeting:
1) Although Frerking was deliberated upon and resolution
adopted, the Board rescinded the same immediately after, leaving the
decision for the 9/11 meeting when a draft has been finalized.
2) Frerking denial was for a 13 ft. setback, not for a 13 sq.
ft. addition.
3) Tangney project involved a discussion for a possible
alternative approval at the 9/11 meeting with anticipated
conditions. Both projects are pending a draft of each by the
assigned member for possible vote on September 11th.
Both the above applicants were made aware of the corrected
participation by board members.
Thank you.
Attachment (newsp. article of 9/4/97)
action. new/ newsp. err
r i
WI - Thursday, September 4,
1997
Thursday, September 4, 1997
wer Moratonu
rirn May Be Extended
Hussie said recently that in places Federal TelecommunicationsActallows munications Act.
he morato- like San Francisco and Cape Cod, tow- for local governments to retain some Several months ago, NYNEX filed
on cellular ers have been prohibited in certain ar- power, it also negates that power bysay- suit against the town, claiming that the
on Septem- eas. Last week, Susan Madigan, presi- ing (generally) that if a company can moratorium caused an unnecessary de-
began dis- dent of the Orient Association and an prove the necessity of a tower in a spe- lay in the zoning board's decision about
rium while opponent of the proposed NYNEX/Bell cific location, it has the right to put it the Orient tower. So far, the board says,
ing the po- Atlantic tower in Orient, took a stand there. Moore, who has in the past repre- that suit has had little activity, and Town
reviewed. against the new cel-tower law, saying sented companies in cel-tower litigations Attorney Laury Dowd is looking into the
torium, in- that it is not restrictive enough. against townships, says the current law legal issues surrounding the possible
Moore and on cel-towers is based upon the extension of the moratorium.
annin and But Moore says that although the
g practical applications of the Telecom-
1-tower ap-
nded. The
lop guide-
of the law. Says a Down
from cel-ZBA with the By Daman Rallis "We're at the maximum with this," Tangney's proposal divided the
oore and SOUTHOLD -The Zoning Board said ZBA Chairman Gerard Goehringer land into one large parcel and another
before handing down a decision which 1-acre parcel. The board was not
oduced "A of Appeals (ZBA) took a tough stance requires Shannon to remove 80 square satisfied with the division, and instead
eless Com- on some zoning waiver requests feet of structure space from her offered Tangney the possibility of
id-August, during Thursday's meeting, handing property. splitting the lot in half with a condition
nts for cel- out several denials and ordering one "She can remove 80 feet from the that no further subdivision or reduction
the intent person to un-build part of a structure, deck or take out the shed, I don't care,* in land would occur.
r compa- Anne M. Shannon, of Marratooka Goehringer said. "But that's the Though Tangney refused to accept
o Road in Mattituck, appealed to the
eas ("such ZBA after her "as is request fora maximum [lot coverage] she's getting.' the ZBA recommendation, the board
icult to ut CRichard and Pamela Frerking were members passed a resolution
p permit to construct a deck addition and in front of the ZBA on Thursday, allowing a 50-50 split, stating that it
type areas. accessory shed was denied by the was the most leewa T
lic hearing Building Department because it would a ng the disapproval of a plan to y angney could
an addition which would add 13 be allowed. _
the mora- exceed the maximum lot coverage of .,square feet to the front of their home. The ZBA also heard residents
town will 20%. The structures would add an The application was denied because the speak out against a request for a
m for two additional 504 square feet of lot addition would exceed the 32-foot front waiver which would allow an
ting while coverage, which is over the amount allowed and setback requirement by 13 feet undersized lot on Harbor Road in
by a ZBA ruling in 1994.
-
e law. During his appeal to the board; Orient to be considered buildable
ion to the in 1994, The ZBA granted Shannon Frerking was asked if he would be land. Since the deed was given prior
permission to build a structure that. g to build to 1957
n mount- would cause lot coverage to exceed willing a shorter addition. He , the owner can request a
does not the 20 per cent maximum by exceed answered, 'I'II take what 1 can get' waiver- to meet the lot coverage
y pas not square feet. At that time she remov432 ed Noting that all of the houses in that standards allowed years ago.
ce Hussie an existing deck and built an addition. area met setback requirements, board Although the applicant, Eleanor
not only onto henhouse. members granted Frerking a waiver of Nagy, and her attorney were not
14 feet for the addition. present at the meeting, board
rs in cer- The problem for Shannon is that Mary Tangney, of Little Neck Road members heard testimony from
he power she has already built the deck-and kn Cutchogue - a two-acre zoned area various residents- The residents say
ection of shed for which she is applying for a was also on hand at the meeting to that granting a waiver is risky,
ns Act of zoning waiver, which means she is in defend her proposal to subdivide a because flooding in the area is so bad
art of the violation of current zoning codes. As ;143,020 square foot parcel of land. The at times that building a house on the
a result, the ZBA not only denied her
"For ex- permit request, but told her to take°posal was denied because the property would be almost out of the
tend that uction in land area would create two question.
down some of the already-built !parcels parceis that were smaller than the . The hearing will remain open until
t grants a structures. t, it must required 80,000 square feet. a public meeting on September 25.
petitor's
district."
Writer
Richard K. & Pamela Frerking
680 Deep Hole Drive
Mattituck, N.Y. 11952
Telephone 516 298-3267
19 August 1992
Linda Kowalski AW 2 7 1997
Town of Southold Board of Appeals
Southold Town Hallf
Main Road
Southold, N.Y. 11971
Dear Ms. Kowalski;
Enclosed please find the notarized affidavit, post marked receipts, and two of the
three returned signature post cards. I will forward the third one when it is
returned (Mrs. Niedorada telephoned me to tell me she had no objections and
offered to provide a letter if necessary).
I have also enclosed a list of residences on Deep Hole Drive which appear to be
setback less than 35 feet. I did not measure them as I did not wish to trespass,
but I assume the information is on file in the Building Department. In addition,
I have also enclosed a revised plot plan showing the approximate location of the
septic system. I would very much appreciate your adding these documents to the
variance submission already made for consideration by the Members of the Board
of Appeals.
Thank you for your kind consideration and help.
Sincerely yours
Richard K. Frerking
BOARD OF APPEALS:TOWN OF SOUTHOLD
-----------------------------------x
In the Matter of the Application
AFFIDAVIT
(Name of Applicants)
AFFIDAVIT OF MAILING AND POSTING
COUNTY OF SUFFOLK)
STATE OF NEW (Y~ORRK) / p h ~ f
I, Rtc4oJ It•/ reokix residing at 60 QtfP//GIp Qr~ a f 4t
New York, being duly sworn, depose and say that:
1) On the /S day of t,/ 49uif , 190'7, I personally mailed,
equested, a true copy of the
by certified mail return receipt requested,'
attached Legal Notice, addressed to each of the following named
persons at the addresses set opposite their respective names, that
the addresses listed below are those shown on the current assess-
ment rolls of the Town of Southold; that said Notices were mailed at
the United States Post Office to each of said persons by certified
mail, return receipt requested:
Name of Surrounding Property Owner /f Mailing Address
Iti, 11 ( r
f
4wwtAt•J J 0 (if 1A.
rv iiti ~ ~a MY'
4 ur
and,
2) On the 17 day of A4yW t 199 I ersonally posted
the property identified as District 1000, Section
Block 12- , Lot by placing the Town's official poster
ten (10) feet, or closer, from the property line facing the street
(or facing the right-of-way), and that I have checked to be sure
the poster has remained in place for seven full days prior to the
date of the public hearing (date of rin n~t reon et be held
199
Swor to before me this (signature)
A6 day of Au~utr 1991.
VIRGINIA CAROL KOVACS
NOTARY PUBLIC, Store of Now York
Not ry Public No. 4705298, Suffolk County
Term Eaeiret 30, 19 177
(Please return to the office of the Board of Appeals when completed.
Thank you.)
§ 08-1 NOTICE OF PUBLIC HEARING § 58-1
Chapter 58
NOTICE OF PUBLIC HEARING
§58-1. Providing notice of public hearings.
(HISTORY: Adopted by the Town Board of the Town of
Southold 12-27-1996 as L.I.. No. 25-1995. Amendments
noted where applicable.]
§ 58-1. Providing notice of public hearings.
Whenever the Code calls for a public hearing, this section
shall apply. Upon determining that an application is complete,
the board or commission reviewing the same shall fix a time
and place for a public hearing thereon. The board or commission
reviewing an application shall provide for the giving of notice:
A_ By causing a notice giving the time, date, place and
nature of the hearing to be published in the official
newspaper within the period prescribed by law.
B. By requiring the applicant to erect the sign provided by
the town, which shall be prominently displayed on the
premises facing each public or private street which the
property involved in the application abuts, giving notice
Or the application, the nature of the approval sought
thereby and the time and place of the public hearing
thereon. The sign shall be set back not more than ten
(10) feet from the property line. The sign shall be
displayed for a period of not less than seven (7) days
immediately preceding the date of the public hearing.
The applicant or hisiber agent shall file an affidavit that
s/he has complied with this provision.
C. By requiring the applicant to send notice to the owners
of record of every property which abuts and every
property which is across from any public or private street
dg_1 SOUTHOLD CODE § .58-1
From the property included in the application. Such
notice shall be made by certified mail, return receipt
requested, posted at least seven (7) days prior to the date
of the initial public hearing on the application and
addressed to the nwners at the addresses listed for them
on the local assessment roll. The applicant or agent shall
file an affidavit that s/he has complied with this
provision.
UNITED STATES POSTAL SERVICE I I I I I 1 First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Print your name, address, and ZIP Code in this box •
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No Insurance Coverage Provided. ° Write-Return Receipt Requested-on the mallpiece below the article number. 2. ? Restricted Delivery pj
Do not use for International Mall See reverse .The Return Receipt will show to whom the article was delivered and the date
Sent 10 delivered. Consult postmaster for fee.
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US Postal Service m epdm your name and address on the reverse of this form so that we can return We extra fee):
Receipt for Certified Mail m -Attach this No Insurance Coverage Provided. to= to the from of the mall ece, or on the back RSpace does not
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permit a 1. 11 Addressee's Address
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Do not use for International Mail See revere is •Wme'Retum Receipt Requasted'on the mahpiece below the article number. 2, ? Restricted Delivery
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Private residences on Deep Hole Drive, Mattituck that appear to have
• a front setback of less than the required 35 feet for the main house or
other major structures:
4830 Deep Hole Drive
4560 Deep Hole Drive
3900 Deep Hole Drive
3800 Deep Hole Drive
3600 Deep Hole Drive
3100 Deep Hole Drive
450 Deep Hole Drive
I did not measure these setbacks, but assume the data is available at
the Building Department for confirmation.
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- SURVEY FOR
ELIEZER A. & MERIAM BELLA FRUMKIN
AT AfATTIruCK
TOWN OFSOurMOLD
,b d elbreppa w e&Rmn b di aaeer b a Millim d SUFFOLK COUNTY N. Y. OUARANYEED YO:
w fw not of the N" Yak skme Edueepan Isa. COUNTY,
S eepw of Ihh wrwr nap ner beerinp *0 bud "Mies Nad SECURITYTfTLE •SUARANTYCO.
p awl or embwred wpl ahpll W M eorwdw+d w be o -W CW' EL I EEER A. 6 MERIAM SELLA ! RUNKIN
Iwf., o xhem mnveeoona the wnindiealed mwn hill mn adr b d. SCALE: 1", 60`
aL ~ a ROa
i $TPF'1 " n prewred,wd M his bheN b JUNE it, 1973
`.IC person e the
rY L el. aemp.hy, eewrnmemol aW, and krdinp iWiNlian Thad ~J
~~.en, en! w the assignee of the Iendinv ineg fim- Guwonlwe ~a e Q. k4 a
er
.enHkeriehe ere a hewfeabie b a Wam" Irwhaaipra w LAND SURVEYOR -
aubwgw0 cmn N.Y.S. LIC. NO-287x- -
RIVERN"°
APPEALS BOARD MEMBERS ~r
eat FFOJAI
OG Southold Town Hall
Gerard P. Goehringer, Chairman 53095 Main Road
Serge Doyen o P.O. Box 1179
James Dinizio, Jr. y,. rZ tf Southold. New York 11971
°y Fax (516) 765-1823
Lydia A. Tortora
Telephone (516) 765-1809
Nlaureeii C. Ostermauu
BOARD OF APPEALS
TOWN OF SOUTHOLD
July 31, 1997
Mr. Richard K. Frerking
680 Deep Hole Drive
Mattituck, NY 11952
Re: Appl. #4499 - Front Yard Variance (Addition to House)
Dear Mr. Frerking:
For your records, please find enclosed a copy of the Legal Notice
which will be published in the upcoming issue of the Suffolk Times by
our office.
As soon as may be possible, please send a copy of the legal notice
or similar description which confirms the hearing date, time and place
and outline of your application by certified mail-return receipt
requested, to all surrounding property owners, including property
owners across streets or vehicular rights-of-way. (If you need a list of
the owners' names and addresses, please stop by the Assessor's Office
for the updated list since there may be a new owner, or two.)
Also enclosed is a sign to be posted at the subject property within
ten (10) feet from the front property line facing the right-of-way for a
period of seven (7) days, or longer at your choice.
Please return the following to us, together with the completed
Affidavits of Mailing and Posting:
a) postmarked receipts from the post office showing the
date you mailed the notices by certified mail;
b) green signature cards once they have been received (you
may return these later if you do not receive them all by
the hearing date).
If you have questions, please feel free to call.
Very truly yours,
Linda Kowalski
Enclosures
1nag.97/1n1tr8.28
:FOA ivr o-n f+
NOTICE OF HEARING
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:
X(. t r5. rJ rre-.,r i
DATE OF PUBLIC HEARING:
.o
~ ~ r Pr U a S qq
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 9 (516) 765-1809
the Bull Inspector in which eppli.
cant for a building permit
regards :cement of two accessory
buildings as located in the side yard area.
Location Of Property: 3000 Reeve
Avenue, Mattituck, NY; County Tax
Map Parcel No. 1000-100-1.6.
7:00 p.m. Appeal No. 4445 - Mary
Tkngney. This is a request for a Variance
based upon the March 20, 1996 Action
of Disapproval by the Building Inspector
as per Mick 111, Section 100.32 for the
Proposed insufficient lot area in this pro-
posed seloff or minor subdivision for
two lots, situated along a private right-
of-way extending from Little Neck
Road, Culchogue; County Parcel ID No.
1000-103-5-2.1 consisting of 143,020
sq. ft. Proposed is the reduction of lend
area for two Parcels, each less than
80,000 sq. fl. In total ales; _
7:Itl p.m. AppC No. 456'1 6.
Naggy. This is a request for a. Waiver
under Mick 11, Section IM26 based
upon the July 7, 1997 Notice of
Disapproval of the Building Inspector
stating two reasons: (1) under Mice 11,
Section 100-24A.(1) land area identified
as 1000-27-4-2 and 1000.27-4-3 were
created by deed in 1965 and do not meet
the minimum lot requirements (12,500
at) and (2) under Article 11, section 100.
25), total land area merger exists for
1000.274-1, 2 & 3 having been held in
common ownership after July 1, 1983.
Location of Property: Harbor Road, Ori-
ent, NY. Applicant proposes 28,445 sq.
ft. of land area and 132.57 lot width as to
1010-274-3 & 2, and with a remaining
. house lot of 20,000 ± at and lot width of
100 feet as to 1000-27-4-1. Zone
District: R-40. (Schedule AA as revised -
July 22, 1997 shows a sin requirement
for lots created between April 1957 thm
November 1971 at 12,500 sq. ft. and 100
ft. la width.)
7:15 p.M. A llf: N5v3502'!1ffMI63FF
Lane Development Corp. This is a
request for a Variance under Article
XXV for permission to construct deck
_ addition to condo unit #60 at 135 R60
NOnCB OFLIEMMgCI;- Caleb's Way, Greenport, New York; STATE OF NEW YORK)
NOTICE IS HEREBY GIVEN, For- County Parcel No. 100040.1-1-60 due
Stuart ato section 267, of the Town Law to proposed reduction In the front yard ) SS:
and the Code of the Town of Southold, setback at less then 35 feel. Zone
the following applications will be held. District: AHD. C T~Q ITFFOLK
for public hearings by the SOUTHOLD The Beard of Appeals will at said ILSSJ/~~LLLLLL of Mattituck, in
TOWN BOARD OFAPPEALS at the time and place hear any, and all persons
Southold Town Hall, 53095 Main Road, m representatives desiring to be heard in said County, being UIV sworn, says that he/she
Southold, New York 11971, on THURS• the above applications. The above hear-
DAY, AUGUST 28, 1997 at the times ings will on skirt before the time desig- is Principal Clerk of THE SUFFOLK TIMES, a
noted below (m as soon thereafter as - haled. Each file is available for review Weekly Newspaper, published at Mattituck, in
pos ) during regular business bouts (84 p.m.).
6:45 p.m. Appl. No.. 4498 - Written comments will also be accepted the Town of Southold, County of Suffolk and
Application of Anne M. Sha mein. This _ before that bearing is concluded. If you
is an application based upon the June 24, have questions, please do not hesitate to State of New York, and that the Notice of which
1997 Notice of Disapproval by the all 765.1809,
the annexed is a printed copy, has been regular-
Building Inspector in which applicant Dated: July 31, 1997.
requested a building permit to construct BY ORDER OF THE SOUTHOLD ly published in said Newspaper once each week
a deck addition and accessory shed. TOWN BOARD OF APPEALS
Variances are. requested under Mice GERARDAGOEHRWGFR. for weeks CCea9l sly, ¢pmnaencing on
IBA, Section 100:90A.3: Bt llCitaie~trle Oairman the ~_day ot~ 191
In the R-40 Zone, for lesion to ban. By Linde
attract deck addition and stationary shed 1089.1TAu7 Kowalski
which exceeds maximum lot coverage of - -
20% by adding an additiore al. Vft.
,
over that allowed by Appeal $4267 dated
9/15N4. Also under Article XXIV,
SectimI00-244 for nonconforming loft, Princi al
the deck aati& will be leas than 35 feet 1 ~1 p Clerk
from. the rear lot line. Ioalion of
Property: 2775 Marratcoka Road,
Mattituck, NY. County Parcel No. 1000-
123-2-26. Existing tool laird area con. Sworn to before me this
gists of 6775± sq. ft..
6:50 p.m. Appeal No. 4499 day of t a 19 c 7
Richard & Paotds Fred log. This is a
request for a Variance under Mick ct) L~ 1
XXIV,Section 1IXF2440basedupon the ) MARY DIANA FOSTER
July 1, 1997 Notice of Disapproval J NOTARY PUBLIC, STAIE OF NEW YORK
issued by the Building Inspector in NO.52-4655242, SUFFOLKCOUNIY
which applicant applied for a building COMMISSION FJ(PIRES AUGUST 31,19%
)
permit to construct-an addition-to-
dwelling which will have no insufficient
front setback as a principal building at
less than the existing, established 32 ft
nonconforming setback. The Building
Inspector has also confirmed that the set-
back is leas than a 35 ft. setback (reE set.
back schedule for'pereeu having 9972
sq. ft. in sin} Location of Property: 680
Deep Hole Drive, Mattituck, NY;
County Parcel #1000-115-12-9.
6:55 p.m. A o. 4500 -
CalMgn~Ls a request for
a Variance undo ricle IIIA, Section
IOD-30A4, based upon the June 23,
APPEALS BOARD MEMBERS gpFFO(,~
~0 CD Southold Town Hall
Gerard P. Goehringer, Chairman h`LO Gy 53095 Main Road
Serge Doyen o P.O. Box 1179
James Dinizio, Jr. y„ Southold, New York 11971
RddeV V (441 Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
Maureen C. Osterman
BOARD OF APPEALS
TOWN OF SOUTHOLD
August 28, 1997
S.E.Q.R.A.
TYPE 11 ACTION DECLARATION
Appeal No. 4499
Project/Applicants: Richard K. Frerking
Countv Tax Map No. 1000-115-12-9
Location of Project: 680 Deep Hole Rd., Mattituck, NY
Retie= Requested/Jurisdiction Before This Board in `.his Project:
Construct addition - Insufficient front yard setback
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law 44-4 of the Town of Southold.
An Environmental Assessment (Short) Farm has been
submitted; however, Section '017.13 of 'o NYCRR Part 616, and
Section 8-0113 of the Environmental Conservation Law, this
variance application falls under the T_7pe II classi-ication as
established by law. Further, this Department may not be an
involved agency under SEQRA (Section 617.13(a) as amended
February 14, 19901..
Although this action is classified as Tyne II for this
variance application under SEQRA (specifically 617.13, 616.3(j),
and 617.2(jj)), this determination shall have no affect upon any
other agency's interest or SEQRA determination as an involved
agency.
For further information, please contact the Office of the
Board of Appeals, Town =all, Main Road, Southold, NY 11971 at
(516) 765-1809.
Original posted an Town Clerk Bulletin Board, Town Hall
Copies to applicant or his agent and individual board members.
Copv Di laced in ZBA project file for record purposes.
4o~~S FFO(~-COG f
JUDITH T. TERRY y` Town Hall, 53095 Main Road
TOWN CLERK y P.O. Box 1179
v, Southold, New York 11971
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER Fax (516) 765-1823
RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS
FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK
RE: ZONING APPEAL NO.4499
DATE: JULY 14, 1997
Transmitted is an application variance submitted by Richard K. Frerking
together with Zoning Board of Appeals Questionnaire; Short Appeals
Questionnaire, Short Environmental Assessment Form; Notice of Disapproval
from the Building Department; survey; and other relevant documents.
Judith T. Terry
Southold Town Clerk
• o~~gUFFO(~-CO
Albert J. Krupski, President hy. Gy Town Hall
• John Holzapfel, Vice President o= 53095 Main Road
P.O. Box 1179
Jim King py • ~,lr
Martin H. GaRell Southold, New York 11971
Peter Wenzel Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Julv 7. 1997
Richard & Pamela Frerking
5R9 Deev Hole Drive
Mattituck. NY 11952
Re: SCTM #115-12-9
Tear Mr. & Mrs. Frerking
The proposed construction of an addition to an existing house on
the above referenced property was reviewed by this office and
found to be out of the Trustees jurisdiction for A Wetland
Permit as per survey dated and received July 7, 1997.
• This determination is not a determination from any other agency.
If you have any further questions, please do not hesitate to
call.
Sincerely,
Albert J. Krupski, Jr.
President, Board of Trustees
AJK/djh
cc, BLDG. DEPT.
1 t
FCE FLL-T.rG WIT: VCUR Z.B.A. APPLICA TT_Cir
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:
(Sepa to srhee ma he attached.)
e.nr/o rer ?tiu S~bWrr,
B. Is the subject premises listed on the real estate market for
sale or being shown to prospective buyers? ( } Yes
( f/f No. (If Yes, P1 oaca ar-rn G7_^.P 02 "condil 4= " of sale. )
C. Are there 7rapcsals to change = alter land ccnm:: ?
( } Yes ( No
D. 1. Are there any areas which contain. wetland gr=asses? L7S'/bh plropoJeJl1^fr
2. Are the wetland area shown on the map submittea with
this application? 4ioee/i+e ee JM.ve~r
3. Is the nrcterty bulkheaced be Veen the wetlands area and
the upland building area? Ivy
4. If your property contains weziancs or pond areas, have
you contacted the Office of the T wn ri~p}tees for its /
~qf '
determination of jurisdiction? -T
1 ~tni-oJ r/en ),tr;tJ.yt el~u, ?hr(uo/tj
E. Is there a depression or sloping elevation near the area of
proposed construct; on at or belca five feet above mean sea
level? (If not applicable, state "N.A.
F. Are there any patios, ce.crete barriers, bulkheads or fens
which exist azid are not shown on survey map that you zre
submitting rrl If ngqne ist, please state "none."
Aprrnx ~0 ftace on N.•~+. fiJ~ s owP
G. Do you have any construc 'on taking place at this t'_.:,a
concerning your premises? If yes, please submit a rcry
of your building per7it and ;,lap as approved by the Build?-CT
Department. If none, please state.
H. Do you or any co-owner also own otter land close to this
parcel? A/o If yes, please explain where or suhmit copies
of deeds.
I. Please lis6 ~Lre eat e or operations conducted at this
parcel f i^?aaf Pi%~e*er and
proposed use ( n 0" 4
~/07, 10/?Glk
§ 97-13 WETLANDS § 97-13 _
TOWN _ The Town of Southold.
MUSTEES - The Board of Trustees of the Town of
Souc :old. [Added 6-5-84 by L.L. No. 6.19841
R c _~_NDS [Amended 8-26-76 by L.L. No.2-1975: 3-25-
85 bvLI No. &-1985t
A. t 1DAL WETLANDS:
(1) All lands generally covered or intermittently cov-
ered with, or which border on. tidal waters, or lands
lying beneath tidal waters, which at mean low tide
are covered by tidal waters to a maximum depth of
five (5) feet, including but not limited to banks.
bogs, salt marsh, swamps. meadows, flats or other
low lying lands subject to tidal action:
(2) All banks, bogs, meadows, flats and tidal marsh
subject to such tides and upon which grows or may
grow some or any of the following: salt hay, black
grass, saltworts, sea lavender, tall cordgrass, high
bush, cattails, grouncseL marshmallow and low
march rnrdgrss ribi/or
(3) all land immediately adjacent to a tidal wettand as
defined in Subsection A(2) and lying within seven-
ty-five ('15) feet landward of the most landward
edge of such a tidal wetland.
B. FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24. Ti-
tle 1, § 24-0I07, Subdivisions Ila) to 1(d) inciusive,
of the Environmental Conservation Law of the State
of New York: and
All land immediately adjacent to a "freshwater wet.
land." as defined in Subsection 9(1) and lyinZ •,vith.
in seventy-five (75) feet landward of the most land-
ward edge of a "freshwater wetland."