Loading...
HomeMy WebLinkAbout4304 ~V ~ L S N cL/rGLrRsr r,:~cb ~ ~TesFvGteE _ C~ilS r/2r~c~ ~€ei{ o D C 1'H~rrLY Dec LL. r- a5~ ?~i~-.ev .~~s~ lYoa~Trev~ - r~.?~E.a r~s APi~~r cJ APPEALS BOARD MEMBERS o~~gUFFO(~ c h~ ~Gy Southold Town Hall Gerard P. Goehringer, Chairman o° 53095 Main Road Serge Doyen, Jr. co x P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS DATE OF ACTION: April 11, 1995 APPL. #4304. APPLICANT: WILLIAM F. WALSH LOCATION OF PROPERTY: 1555 Fleetwood Road, CutchoRue NY COUNTY TAX MAP DISTRICT 1000, SECTION 137, BLOCK 4, LOT 34 BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated March 2 1995 "Proposed decking shall be set back not less than 75' from bulkhead and insufficient setback in side Yard area. Action required by the Zoning Board of Appeals." PROVISIONS APPEALED FROM: Article III, Section 100-32. RELIEF REQUESTED: To construct 20' ground level deck which is to be 1418" past existing upper deck's established line - for a new bulkhead setback at 37 feet at its closest point. (Note: Side yard protrusion appears to have been modified to show only step areas subject to code provisions pertaining to steps or entries.) MOTION MADE BY: Gerard P. Goehringer, Chairman SECONDED BY: Lydia A. Tortora, Member ACTION/ RESOLUTION ADOPTED: Denied variance request for 20 ft. deck with a 37 ft. bulkhead setback. Alternative relief was granted for a 16-ft. raised, open deck extending from outside wall of house for a setback at 41+- ft. from outside edge of bulkhead. (No request for side yard variance was filed by applicant at this time and may be filed separately as an owner's option.) REASONS/ FINDINGS: Single-family dwelling with second-level deck as exists is nonconforming with a 51.6+- ft. setback from bulkhead at its closest point. The deck is shown to be in line with neighboring dwelling structures, and the deck construction is not out of character with the neighborhood. Concerns raised by southerly adjoining owner have been fully considered. Generally speaking, it is prefered to have a raised, open deck structure rather than alternatively physically disturbing land area for placement of a level patio (patios at grade level do not require setback variances, ref: 100-12 Patio definition. An open deck will not, in the board's opinion, contribute to erosion (also ref: Town Trustee considerations) if constructed as conveyed during the hearing/application process. Relief as originally requested for a 20 ft. deck is substantial in relation to the requirements and is (Continued on page 2) Page 2 - Appeal No. 4304 Application of WILLIAM F. WALSH Decision Rendered April 11, 1995 not the minimum necessary or reasonable under the circumstances. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member Against: Robert A. Villa, Member (preferred 15' from house rather than 16 ft.) This resolution was duly adopted (4-1). , GERARD P. GOEHRINGE , CHAIRKAN I~7ED AND FILED BY C-0-L, LD -K I)i 1E KOUR 7 J7f ~f( N t C ~ 1 , A~ i APPEALS BOARD MEMBERS ~~o~0$UFFO(,~~oGy Southold Town Hall Gerard P. Goehringer, Chairman o° < 53095 Main Road Serge Doyen; Jr. H x P.O. Box 1179 James Dinizio, Jr. 4 r Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SO(JTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, ;pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEARS, at the Southold Town Hall, -53095 Main Road, Southold, New j j York 11971, on TUESDAY, APR.iL 11, 1995, commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4303 STANLEY and JANICE FLISS_ Request for Variance under the Zoning Ordinance, Article X, Section 101C(1) fret. accessory provisions, Section 100-331 for permission to locate building for garage with woodshop and storage use incidental to the principal use, presently single-family dwelling, in the westerly side yard area and partly in the rear yard area. The subject premises is located in the B-General Business Zone District and is known as 565 Old Main Road, Mattituck, NY; County Tax Map ID No. 1000-122-7-2. 2. 7:35 p.m. Appl. No. 4305 - DERRICK D. CEPHAS. Application based upon the March 23, 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under the Zoning Ordinance, Article XXIII, Section 100-231 for permission to erect 10 ft. high fencing around proposed tennis court in a front yard area. The subject Rage 2 - Legal Notice, Regular Meeting 'April ,11, 1995 Southold Town Board of Appeals j property fronts along Orient Harbor and is known as 1600 King Street, Orient, NY; County Tax Map ID #1000-26-2-42.2. This lot contains a total area of 7.5 acres and is known as Lot 2 on the Subdivision Map of Major Terrace approved on July 9, 1990. 3. 7:40 p.m Appl. No. 4304 WILLIAM AND JANET' WALSH Application based upon the March 2, 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under Article XXIII, Section 100-239.4E for permission to construct an addition, to existing dwelling with a setback at less than the required 75 feet from existing bulkhead. Property ID: 1555 Fleetwood Road, Cutchogae, NY; County Tax Map Parcel No. 1000-137-4-34. This lot has a nonconforming lot area of 12,875 sq. ft. and lot width of 50 feet. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please do not hesitate to call 755-1809 or visit our office. Dated: March 28, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x x Page 3 Legal NotidL Regular Meeting April 11, 1995 Southold Town Board of Appeals Copies to the following 3/28/95: Times-Review Newspaper (fax transmission) Newsday (Courtesy Copy for Government Watch 'Section) Traveler-Watchman (Courtesy Copy) Original Posted on 'Town Clerk Bulletin Board in Town Hall Lobby Building inspector's Office Planning Board office Applicants/Agents as noted below Copies to ZBA Members with copies of file documents in boxes on 3/28/95: Applicant/Agent* Copies to: *Mr. and Mrs Stanley Fliss, 565 Old Main Road, Mattituck 11952 *Abigail Wickham, Esq. as Attorney for Derrick and Donna Cephas Box 1424, Mattituck, NY 11952 *Mr. and Mrs. William Walsh P.O. Box 569i Floral Park, NY 11002 BOARD OF APPEALS:TOWN OF SOUTHOLD -----x In the Matter of the Application of WILLIAM AND JANET WALSH x CONFIRMATION OF POSTING residing at. ` hereby confirm that on the day of April, 1995, 1 personally posted the property known as 111555 `Fleetwood Road, Cutchogue, NY; CTM Parcel #1000-17-4-22" by placing the Town's official poster Notice on facing the road side of the property, and that I agree to maintain the poster in this location at least seven days prior to the date of the public hearing (date of hearing noted thereon to be held April 11, 1995. Dated: April , 1995. (signature) FORM NO. 3 J s TOTM OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. ,x UPDATEIJ~ NOTICE OF DISAPPROVAL DATE: MARCH 2, 1945. WILLIAM 6 JANET WALS11 To . P .O. BOX 569 FLORAL PARK, NY 11002 PLEASE TAKE NOTICE that your application dated ..ARIL 13,._.,,_._ ]g ,94 for permit to CONSTRUCT DECKING TO A ONE FAMILY DWELLING at Location of Property 1555 FLEETWOOD ROAD' CUTCHOGU-' NY House No. Street. Hamlet County Tax Map No. 1000 - Section .....137... BLOCK ....A LOT Subdivision Filed Map No. .........Lot No. is returned herewith and disapproved on the following grounds I SECTION 100-239.4B ALL BUILDINGS OR STRUCTURES TO BE SET BACK NOT LESS THAN 75' FROM A BULKHEAD. ARTICLE III SECTION 100-32 BULK AREA AND PARKING. INSUFFICIENT SET RACK, IN SIDE YARD AREA. ACTION REQUIRED BY THE ZONING BOARD OF APPEALS. JNW . . BU D G. INSPECTOR RV 1/8O V 36 ©K. RECEIVED / f° z 9 MAR 2 4 1945 TOWN OF SOUTHOLD, NEW YORK Southold Town Clerk©' " APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. Xtn Clerk Southold i DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Ol) 1 (We) ,.WILLIAM„& JANET..WALSH............ of ,,,.,,.1555„FLEETWOOD ROAD. Nome of Appellant` Street and Number hY ttOol CUTCHOGUE NEW YO}2K APPEAL TO . HEREBY Municipality State' THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO....... DATED.. .....AEril,.73a..?994.......... WHEREBY THE BUILDING INSPECTOR 'DENIED TO WILLIAM & JANET WALSH _ Name of Applicant for permit of 1555 Fleetwood Roadr.Cutcho.ue NY . Street and Number Municipality State ( ) PERMIT TO USE ( ' )s PERMIT FOR OCCUPANCY Permit to Construct Decking to a One Family Dwelling 1. LOCATION OF THE PROPERTY ...1555. Fleetwood Road, Cutchogue, NY Street /Hamlet / Use District on Zoning Map District 1000 Sectionl37 Block 4 Lot 34 w ......-..Current Owner WILLIAM & JANET- WALSH Mop No. "Lot No. Prior Owner TUTTLE 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the,Article 'Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XXIII Section 10,0-239 4B 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) , ( L4' A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal 'W (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No . ...........................Dated REASON FOR APPEAL A Variance to Section 280A Subsection 3 { r) A Variance to the Zoning Ordinance is requested for the reason that nrrn ZBI (Continue on other side) REASON FOR APPEAL Continued S& ICTVAPPUICATION OF THE ORDINANCE would produce practical difficulties or unneces- sery HARDSHIP because: We frequently "babysit" for our grandchild and would greatly appreciate an area where we could keep her in a carriage (or something similar) that would be secure from any animals that might come on to the property. (We seem to have frequent visits from racoons and are hoping they would not be bold enough to go onto the decking.) Therefore, we feel that a deck, in addition to affording us some level seating area,would contribute to the safety of our grandchild. In addition, we are requesting a platformed side area, even with ground level, to walk along the side of the house. We are requesting this platform because-the ground pitches toward the south of the property making it a hardship to walk upon. It would be a great reflief not to have to worry about someone being hurt walking in this area.. In addition, this walkway would facilitate entrance to the deck. 2. The hardship created is UNIQUE and is not shared by all properties alike, in the -immediate vicinity of this property and in this use district because The deck we are planning extends only twenty .(20) feet.beyond the house and is no further than the neighbor's existing deck on the southside of the house. The neighbor's house on the NOrthside extends even further than the twenty (20) foot deck we are requesting.. (Photographs enclosed.) i Even though the deck would be facing the water, it would in no way be detrimental to any environmental 'consideration. We feel that this fact is supported because both of our neighbors structures are equal to or beyond what weare requesting. (Please note that we are enclosing an EDA form letter and a Waiver from the Board of Trustees.) 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because. The work we did on the property (for which we received approval) complies with all your rules and regulations. We.believe the past workwe have done shows our desire to comply with existing structures and more than that, we feel that the work we have done is in harmony with the natural beauty of the property. We sincerely feel that our request would in no way jeopardize or change the character of the district and request that you look favorably upon this appeal. i STATE OF NEW YORK ) ) ss COUNTY OFV1f ) Signature " Sworn to this 4ay Of...... f 19 i? . io & i s MUPP. -NOTARY Pt BUC ste 03 Mok'V yar k: No 3Gnisno cour. oto y PublI mr,i,.x a Es Ims ,NL° .9P, r Z N G1 p fl I , 3 y p.i., m ~ T A t ° o o ° z Z m 3 rte.. Lin Q' m m W h r ~My 5 Z Q~ 4l V. ,m s Qz~ ` g zo r) F I o 03 IrIP C: ~oC~ a Z 63 3 Y t ~ •6i{ ~ (y r a 2 I-A - O, r Q O ,s ~ u K ~ v1 ! ~ I ~ i4 O (1 i (D (D tl m 1 2. PJ * v Js O O O, P-7 (p ~ N x 1N ~ iN ii ~ d` ~s N sN ; N ~ - n, n '0 m i C -I f m TJ 0 o a fl fl 3 ° 3 ~ Or < 3 0 N 3 i o IF) I 0 0 0 0 CD $ o K N N N N 0 !d O O S 0 ' Z v P \ s 77777 30D' TO 1Eg6T ROAD N. f 4 VI. ii j p x i ff1 { p n' . I 1D rn 'Cl 10, 7 r) 1 .r < i i m fF3~a !O'er _ /.4-c* tg,o ~Z-s~ ' N 1 r^~ xi ? I I , 'y fl Z rn~ J pp R I-C 1 ~ ~ ~ 4 A , ~ 1~! B f v u 14 'Its a t V~.tr+ i ~ v 114 ~ J^i. Mme. iM ` l=gc7- CQEEi< q s APPEALS BOARD MEMBERS o~~gUFFO(~ C Southold Town Hall Gerard P. Goehringer, Chairman o° , 53095 Main Road Serge Doyen, Jr. x P.O. Box 1179 James Dinizio, Jr. O a Southold, New York 11971 Robert A. Villa y?J O~ Fax (516) 765-1823 Lydia A. Tortora Ol ~O Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 24, 1995 Mr. William F. Walsh P.O. Box 569 Floral Park, NY 11002 Re: Appl. No. 4304 - Variance for Open Deck Addition Dear Mr. Walsh: Please find enclosed a copy of the determination rendered by the Board of Appeals and filed today with the Town Clerk's Office concerning the above variance application. A copy of this determination has also been furnished to the Southold Town Building Department pertaining to your pending building permit application request. You should be aware that it will be necessary for you to send the final drawings, as modified to conform with the variance, to the Building Department before your building permit application will be further processed by their office. Also, due to the proximity of your property within 500 feet of a waterway, State or County Road, we have transmitted copies of the variance file to the Suffolk County Department of Planning for their determination as required under the County's Administrative Code. Once that agency has finalized its review and forwarded its comments to our office, we will transmit a copy of the same to you. If you have any questions, please feel free to call either our office or that of the Building Inspector at 765-1802. Very truly yours, , C1a Kowal".6ki Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning APPEALS BOARD MEMBERS ~~o~~gUFFO~,~-coGy Southold Town Hall Gerard P. Goehringer, Chairman c 53095 Main Road Serge Doyen, Jr. W T P.O. Box 1179 James Dinizio, Jr. ip Southold, New York 11971 Robert A. Villa y~jpl ~.a0~ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS DATE OF ACTION: April 11, 1995 APPL. #4304. APPLICANT: WILLIAM F. WALSH LOCATION OF PROPERTY: 1555 Fleetwood Road, Cutchogue, NY COUNTY TAX MAP DISTRICT 1000, SECTION 137, BLOCK 4, LOT 34 BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated March 2, 1995, "Proposed decking ...shall be set back not less than 75' from bulkhead, and insufficient setback in side yard area. Action required by the Zoning Board of Appeals." PROVISIONS APPEALED FROM: Article III, Section 100-32. RELIEF REQUESTED: To construct 20' ground level deck which is to be 1418" past existing upper deck's established line - for a new bulkhead setback at 37 feet at its closest point. (Note: Side yard protrusion appears to have been modified to show only step areas subject to code provisions pertaining to steps or entries.) MOTION MADE BY: Gerard P. Goehringer, Chairman SECONDED BY: Lydia A. Tortora, Member ACTION/ RESOLUTION ADOPTED: Denied variance request for 20 ft. deck with a 37 ft. bulkhead setback. Alternative relief was granted for a 16-ft. raised, open deck extending from outside wall of house for a setback at 41+- ft. from outside edge of bulkhead. (No request for side yard variance was filed by applicant at this time and may be filed separately as an owner's option.) REASONS/ FINDINGS: Single-family dwelling with second-level deck as exists is nonconforming with a 51.6+- ft. setback from bulkhead at its closest point. The deck is shown to be in line with neighboring dwelling structures, and the deck construction is not out of character with the neighborhood. Concerns raised by southerly adjoining owner have been fully considered. Generally speaking, it is prefered to have a raised, open deck structure rather than alternatively physically disturbing land area for placement of a level patio (patios at grade level do not require setback variances, ref: 100-12 Patio definition. An open deck will not, in the board's opinion, contribute to erosion (also ref: Town Trustee considerations) if, constructed as conveyed during the hearing/application process. Relief as originally requested for a 20 ft. deck is substantial in relation to the requirements and is (Continued on page 2) Page 2 - Appeal No. 4304 Application of WILLIAM F. WALSH Decision Rendered April 11, 1995 not the minimum necessary or reasonable under the circumstances. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member Against: Robert A. Villa, Member (preferred 15' from house rather than 16 ft.) This resolution was duly adopted (4-1). GERARD P. GOEHRINGER, CHAIRMAN \ n \ MEN Px"'~~~lA'~{,IeewA!NI'i°4Mc«..,*,vs fl a 1 1 ME Aft MEMEME r Wlw Ai; '~i st r, , rJI ' 1 i 14 _ •y Irv i wV 7 9 a ! ,r !r . : ri ~I i I 5 . oe }T 1 y } s~ } - y Ali:. ~ y ~ ~ ~ 4, , J t e; ~u~W 4W A~ ~ I e ~ _ 1 ~C~~ i -\y~, e ,i . ~ ! I ~ ~ j ' ~ j ~ ~ ~ ~ I I ~ ~ I ~ ~ i ~ j i I I l I I I i I~ i j i ! I I I I i i ~ I i i ~ I I I I I I i Y~ r T-----~-- - R~ . ~ J ' ..7 x ~ r/ , 'k yi t ~ ' ti,.. f%j ' ~ I I1 ~ ~ ~ i I ~ i I I i I ~ ~ I i i I i ~ i I ~ i Y . _1~ts~',..c. - ]f>R may. t ~ . 4 .r _ ...~G.Ff. \ r~ W _ Cv 'fit. + ~ .y. . .,a r3~i:,; i i j i i I ~ i ~ I i i I ~ ~ ~ ~ ~ ~ ~ ' , ~ i ~ I ~ ; ; I I I , I~ ~ i ~ F ~ I j ~ ' II I I ~ I ~ ~ ~ I ~ I ~ i j i i ~ I!' ~ I~~ l i ~ ~ I ~j~ ~ ~ li i ~ ~i ~ i il~ ~ I I~ .r J I tie, + " tia 1 ~ J 4 . i L i 0 ;ice A 'ry ~~i ~~1r Y.: + _ _ , ' ~ ~ ~f,r,T -:-'3` _ ; r, P r i r,~ y 1" fir- j ~ ~ f ~r\~ - ;d Fk, /J c ~ l N.'C I y A I' V .:x Y A.~Yt•rr ar 411 t i P. ( I' / 1 K ~ J r.- r. 1 A' t MV 4 I I e % I n - n _ • , ' i_,~.- , - ~ `off zf4 o i { -Z R ~ 4005P• ' P~fH•.LG N Ij ' V A ~ ~~j { y01 1 r. i y lip. ti.. td.85 57 20 E. o- _ _ z - J - _ LL O ~.,1 - 223 ~ { e ----PENGEI"S. _ti ~~o I ti 4en ZO--' 1 0~ {)~'eV. AiX UJ - cn -{f PLt•:iFII.zM 'T' A =7 ' i V r W,1Y 11t !1o?jO4ar. D21VF a 3AR. co 77DOP - t .1 j S i L 2 STO ¢Y CQ. No U I offm y • -J"P of twte-+' rig QW WALL tL ogsr_c, ! FENCES q[pNG.LthlE± Z-3 _ _ lb e- rA L I 5.65 GV•w. d 4 a e r..C/aLE :30 o f 6-Al? i 2 aRY ~as~ 13=MONUWI IcE!~1NE>i • ar/>±~~-12,8 W 2a-o m _ MA.p of PR.oPuiezTY Arc MAF DPT4 ;Co~,'!57 54. { St1RVE`fEG RJR v tIOWS Zgr-ew -ro MEAN Sga_ w .Et.. N GVD. JA.4 ET Wfi~.i --Lj - AT CUTCHG GU E TOWN OF SOUTHOLD, NY `e COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES. A.I.C.P. DIRECTOR OF PLANNING May 1, 1995 Town of Southold W.3' Zoning Board of Appeals 53095 Main Road Southold, NY 11971 Applicant: William F. Walsh Mun. File No.: 4304 S.C.P.D. File No.: SD-95-7 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Comments: Alternative relief appears warranted as set forth. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb 220 RABRO DRIVE ¦ P.O. BOX 6100 ¦ HAUPPAUGE. LONG ISLAND. NY 11788-0099 15161 853-5192 FAX 15161 853-4044 APPEALS BOARD MEMBERS O\O$~FFO('YCOG Southold Town Hall 53095 Main Road Gerard P. Goehringer, Chairman o P.O. Box 1179 Serge Doyen, Jr. nay Southold, New York 11971 James zio, Fax (516) 765-1823 Robert Dinini Villa Jr. 1 Telephone (516) 765-1809 Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk County Adatinistrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Catmi.ssicn: 100-32- yy Variance from the Zoning Code, Article III , Section Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4304 Applicant: William F. Walsh Location of Affected Land: 1555 Fleetwood Rd., Cutchogue, NY County Tax Map Item No.: 1000- 137-4-34 Within 500 feet of: Town or Village Boundary Line _ Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission, to construct ground level 11. n.at- the existing upper deck.established line - a back Ni 37 feet at its closest point. Copies of own file and related documents enclosed for your review. Dated: April 27, 1995 APPEALS BOARD MEMBERS h~O~OgtlFFO(,~~oGy Southold Town Hall Gerard P. Goehringer, Chairman o= 53095 Main Road Serge Doyen, Jr. W T P.O. Box 1179 James Dinizio, Jr. o .F Southold, New York 11971 Robert A. Villa Al O` Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 24, 1995 Mr. William F. Walsh P.O. Box 569 Floral Park, NY 11002 Re. Appl. No. 4304 - Variance for Open Deck Addition Dear Mr. Walsh: Please find enclosed a copy of the determination rendered by the Board of Appeals and filed today with the Town Clerk's Office concerning the above variance application. A copy of this determination has also been furnished to the Southold Town Building Department pertaining to your pending building permit application request. You should be aware that it will be necessary for you to send the final drawings, as modified to conform with the variance, to the Building Department before your building permit application will be further processed by their office. Also, due to the proximity of your property within 500 feet of a waterway, State or County Road, we have transmitted copies of the variance file to the Suffolk County Department of Planning for their determination as required under the County's Administrative Code. Once that agency has finalized its review and forwarded its comments to our office, we will transmit a copy of the same to you. If you have any questions, please feel free to call either our office or that of the Building Inspector at 765-1802. Very truly yours, 7L id aK owaCslu Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning Mr. W;11ia1k F keanedy (nxa. II:D "]e g)A S14s~ • Page 22 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals WILLIAM WALSH: Right, we don't, one reason just to, you know to answer you, we made the deck low because we want the view. In other words as we look out our living room window we want that fantastic view. But the deck, it's only in our way if it's up too high. MR. CHAIRMAN: Yes, because the railing would be in the way. WILLIAM WALSH: I could see the concern that you have but we bought that property mainly for the view to be on the water. MR. CHAIRMAN: But, there is no anticipation of ever enclosing that deck? WILLIAM WALSH: No, we never wanted that closed. No, never. MR. CHAIRMAN: OK, Mrs. Tortora has a question. MEMBER TORTORA: When we spoke this afternoon and I looked down over the fence the stairs had been washed out, there's quite a line of debris from that last north easter we had and I thought you had told me that is what it accounted for. This ( ) washing out and all the debris in the boats and everything stacked upon the beach. WILLIAM WALSH: Boats, there's no boats. MEMBER TORTORA: There's a couple of boats that have been hurdled up on the beach, but your steps are---. WILLIAM WALSH: The slips, only on my slips, I have the steps, the bottom section that hung down fell off and what I wanted to do is would be with the storm just put whole new steps in because the upper part really is the original steps there and ( Page 23 - Hearing1ranscript • Regular Meeting of April 11, 1995 Southold Town Board of Appeals MEMBER TORTORA: A, because I share Mr. Villa's concern. It's a you know, that's why I would ask you the same question. It is a total of 20 feet you're asking for to come out and there is only 19 feet from the top straight down and if you consider cutting that back at all WILLIAM WALSH: Well I really, you know I really like that because I don't think it's out that far and you have another like I said, almost another 20 feet. Actually the dimension that I drew here of 17 feet out when I went back out to measure today there's almost another 6 feet. When you showed me the slope I didn't remember where I measured. I had measured where the steps were which probably made it easier for me so I thought I had less but I really have another 6 feet because it slopes the other way. It goes north. If I might show, show on this. I was concerned that I had less because I drew this straight. You know, now that you, you I think even picked it up, but this looks like this and this dimension here holds because originally when I did it I drew to there because it was easier for me to make the drawing using my own steps. Today I went on his property, came down here and it's almost 6 feet further because this slopes like that. BOARD SECRETARY KOWALSKI: It's at an angle. MEMBER TORTORA: Yes, but you were, didn't you say this afternoon that you were measuring this from a wider stair area? WILLIAM WALSH: No, that, this is why, this is why I drew it. You were 100% right, I thought I MEMBER TORTORA: It's a wider stair area. Page 24 - Hearingqranscript Regular Meeting of April 11, 1995 Southold Town Board of Appeals WILLIAM WALSH: Right, but this was actually 6 feet further cause when I originally did it, just drafting wise, I drew from this corner and I worked off the steps. That's the only way 1 could come up without going on his property. So, I thought you were 100% right but, this was less. But instead this is 6 feet further. BOARD SECRETARY KOWALSKI: So, it's like 41 feet instead of 37. WILLIAM WALSH: Yeah, at that, but she slopes further out. BOARD SECRETARY KOWALSKI: What other two measurements. It's 36 on one end and 41 on the other end? WILLIAM WALSH: Yeah, I take a foot off. I'm only saying cause I'm measuring this way, you know I'm not doing so great. BOARD SECRETARY KOWALSKI: So you take 5 feel then. It's 36 and 5 would be 41 feet? WILLIAM WALSH: Right. BOARD SECRETARY KOWALSKI: OK. MR. CHAIRMAN: Would you gentlemen like to see that? What he's talking about? MEMBER VILLA: I know what he's talking about. WILLIAM WALSH: In other words I thought it was cause I originally drew this. This is what I sent to the Environmental and I just drew straight and I didn't help myself. This came like this and when I originally drew it I measured from the steps cause I couldn't go on this person's property. Page 25 - Hearing1ranscript • Regular Meeting of April 11, 1995 Southold Town Board of Appeals MEMBER VILLA: Yeah, but the near, what we're looking for is the nearest dimension. I mean you might increase 6 feet over here but you're still going to be 6 feet here. WILLIAM WALSH: That's the same amount there, right. MEMBER VILLA: So, it's not 41 feet because you go from the nearest edge so it's still 36 feet. BOARD SECRETARY KOWALSKI: So, it's 36 feet then, so, it's not any less anyway. MR. CHAIRMAN: Alright, we thank you. Any further comments? Hearing no further comments I'll make a motion closing the hearing reserving decision until later. MEMBER VILLA: Second. MR. CHAIRMAN: All in favor? BOARD MEMBERS: Aye. MR. CHAIRMAN: Mr. Walsh let me give you your pictures back. BOARD SECRETARY KOWALSKI: I want to keep them for a week. We'll give them back in a week. MR. CHAIRMAN: You want to keep them for a week. BOARD SECRETARY KOWALSKI: Yes. MR. CHAIRMAN: Alright, we'll keep them for a week. BOARD SECRETARY KOWALSKI: For a week and we'll give them back to you when it's over. Page 2 - Appeal NoQ304 Application of WILLIAM F. WALSH Decision Rendered April 11, 1995 not the minimum necessary or reasonable under the circumstances. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member Against: Robert A. Villa, Member (preferred 15' from house rather than 16 ft.) This resolution was duly adopted (4-1). GERARD P. GOEHRINGER, CHAIRMAN Page 14 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals MR. CHAIRMAN: The width that you're proposing is 14 feet 4 inches of the deck? WILLIAM WALSH: Beyond it's a 20 foot deck. It's 14 feet 4 inches beyond the existing second floor. That's correct. LYDIA TORTORA: Say that again. M R. CHAIRMAN: Let me just show her. It's 5'8", to the pillars, alright, and then 14'4" more which is a total of 20 feet and then it's 19'4" the opposite way, is that correct? WILLIAM WALSH: This was another sketch I made from the, you know, because you had gotten the fax, that colurs in how the property actually looks. MR. CHAIRMAN: Right. Good, yes, I do have that copy of that. MEMBER TORTORA: So, it's 191. WILLIAM WALSH: So, from what you're looking it's 20' from the red section to the back of the platform and you got 5'8" of that whole back second floor. You know they draw so small, the surveyors, so I thought by coloring it, it makes it easier to read. MR. CHAIRMAN: How far are we actually existing at this time from the top of the bank? WILLIAM WALSH: From the top of the bank existing right now MR. CHAIRMAN: From those pillars that hold up the second story deck? WILLIAM WALSH: Oh!, that hold up the second flour? Alright, so if you were from the bulkhead? MR. CHAIRMAN: No, lets go from the top, from the closest point of the top of the bank. Yes, from where the fence is really. Page 15 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals WILLIAM WALSH: From the top of the bank I was originally when I measured lets say I was 39' and take off 5'8" you're like a 34 feet. MR. CHAIRMAN: Yeah, from that. So if the deck was on then we would add another 14'4"9 WILLIAM WALSH: Yeah, you'd be about 19' to the fence which is MR. CHAIRMAN: That's why you're showing that 19'2" there? WILLIAM WALSH: Right. BOARD SECRETARY KOWALSKI: That's elevation, believe it or not. MR. CHAIRMAN: Well yeah, but it just happens to be about the same. WILLIAM WALSH: Right, it is. I have 1914". 1 cut a few inches off on it. It's about 19' after we put that deck and the way I drew there is the Malon property above, is actually 24' out to my line of property which would be 4' passed my deck, my now deck and the Kennedy property has a 20' deck so, which is much higher because his terrain drops. You know his ( ) starts sloping down and I would pretty much line up with his. Now, I wanted to bring up the point that this is a survey, the center was done by a surveyor. The two adjacent properties were drawn by me. I drew it to the scale that the surveyor did, but it's not you know, a surveyor did not draw it. MR. CHAIRMAN: After receiving the first letter from Mr. Kennedy, I went to his property and then, I was to your property first and then I went to his property and viewed from his. I didn't actually walk on his deck but I just took a straight line site from the edge Page 16 - Hearingranscript • Regular Meeting of April 11, 1995 Southold Town Board of Appeals of his deck because it was difficult to do because there is a fence in between and it does you know extend over the top of it and I could pretty much visualize it. Go ahead, I'm sorry. WILLIAM WALSH: OK, no, that's fine. The only, there was a few questions asked from some of the people on the Board, so I made a little diagram. I done it just before I came in just to clarify the area of where the steps are in relationship to the platform and then the new deck. In other words if I could explain that. It's only a rough draft. I did it while I was waiting. In other words it's on that other drawing but this would be the platform which would be even with grade and what I would do then is put steps on top of that platform to come up cause that's roughly 2 feet below grade. So, this would be even with the grade, would come up, and this is the new deck and the only thing if I came along like this, if this joint ( ) I'd have to put a step here, but I think that clarifies. Everybody was questioning, I think you were questioning it. MR. CHAIRMAN: Yes, we're going to pass it, yes, we're going to pass that done to our engineer there. WILLIAM WALSH: That's only a sketch. I took MR. CHAIRMAN: At its highest point the proposed deck at the end closest to the we'll refer to the bluff area or fence before you get down would be how high out of the ground at your estimation? WILLIAM WALSH: Well, it would be, it would be, at the, if you go up towards the Malon it would be roughly almost grade because if you notice it slopes almost 2 feet. So, if you grade there and came Page 17 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals down it would be maybe 2 feet off the ground you're going by the grades of ( I have enough papers though. MR. CHAIRMAN: Well, we have our engineer going over it right now. We'll start over here. Mr. Doyen do you have any questions of this nice gentleman? MEMBER DOYEN: No. MR. CHAIRMAN: Lydia, do you have any questions of him. MEMBER TORTORA: No. MR. CHAIRMAN: We'll go back to Mr. Villa. MEMBER VILLA: Well, my question is, was there any consideration of cutting that 20 foot measurement down because your deck, the existing house is 26 feet wide and the deck is going to be basically that wide. WILLIAM WALSH: No, the deck I had it less. The deck is 2 feet less, it breaks back in. It's like a MEMBER VILLA: Yeah, a little bit, but still, I mean it's almost 24 feet wide, it's a big deck and I always have concerns about putting things too close to water or too close to bulkheads and I just wondered if the 20 feet was absolutely necessary because you know I know that's what you're asking for but could you live with less? WILLIAM WALSH: Well I did, if you notice I left 19 or almost 20 feet beyond it, beyond the deck and the upper part of the deck is going to be, in other words the north part of the deck is almost going to be even with ground level. Page 18 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals MEMBER VILLA: Yeah, but still the Code says it's suppose to be 75 feet from a bulkhead. So you're coming from 19 feet which is pretty close. WILLIAM WALSH: No, I'm 19 MEMBER VILLA: To the top, OK. WILLIAM WALSH: And then plus 17, I'm 36 feet. MEMBER VILLA: OK, but still it's less than 50% of what the Code requires. WILLIAM WALSH: Actually I'm further than both the houses on the side of me. You know, he's much closer and the terrain comes right in. As you go south everything falls in and the other person's building is further out. MEMBER VILLA: Not to your south. WILLIAM WALSH: In other words the MEMBER VILLA: The other one is behind you off to the south. WILLIAM WALSH: Right but it has a deck 20 feet out and he lines up with what I would have and the terrain in the water area or where my bulkhead keeps sloping straight in so they have even less to the, to the bulkhead wall. In other words everybody has a lot less than me. I'm just trying to take advantage of the sloping you know problem I have with my young granddaughter and as I get older. That was a joke. MR. CHAIRMAN: What's been the nature of the bluff area there? Have you had any topside erosion on that at all? WILLIAM WALSH: Not so much, but we did have this heavy winds that destroyed the steps that I'm going to replace in the same area Page 19 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals and it took down some gutters and it done some minor problems. But, what was nice we renovated the house and really didn't do much to the house. MR. CHAIRMAN: It's a great spot. It really is. WILLIAM WALSH: It's beautiful. MR. CHAIRMAN: Jim, do you have any questions of this nice gentleman? MEMBER DINIZIO: No, I don't. MR. CHAIRMAN: OK. Is there anybody else would like to speak again in favor or against this application? Sir! GEORGE CHRISTMAN: If I may please. MR. CHAIRMAN: Certainly you're welcome to use this side or use that side? GEORGE CHRISTMAN: I'm George Christman, Jr. who is Mr. Kennedy's son-in-law. He is in Florida and ask if I could attend to speak on his behalf. I did avail myself of receiving a copy of the rebuttal to Mr. Kennedy's letters which I received this evening and I frankly do not argue any of the points that are stated in the rebuttal letters submitted by the Walshs. Mr. Kennedy's concerns to be perfectly frank, a wooden deck certainly is, one, creates more noise with people walking on it than grass lawn or any type of stepping stones in the ground. There was nothing in the plans which he had received to review which had indicated the height of this deck would be above the ground. I'm sitting here tonight and at least now I have some understanding of that particular question. My personal feeling of someone who has spent 50 years out here in Page 20 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals waterfront property and has watched property erode, wash out, have dealt with problems in Mattituck in my own parents' place with erosion, I have seen some erosion that has occurred in 50 years on the Kennedy's property which they've had for 40 years of the 50 years I've been out here in summers. I'm just very concern over anything which comes within 30, 40 or 50 feet of a bulkhead. There has been some erosion on the property. If not on the Walsh's property there has been some on the Kennedy's property, there has been some on the neighbor's property immediately south of the Kennedys. Some have disruption who always tends inevitably lead to problems. To reduce it to less than half with any form of disruptions I do have a significant concern about. Those are my personal views as far as my concern on the setback from the bulkhead. I did want to clarify Mr. Kennedy's views which is frankly the noise generated by wooden deck and not knowing how high it was. Whether it was above ground or on ground level, certainly makes a difference in the noise impact of that. Personal observation if one of the factors is a safety in using the ground if the walkway on the south side of the house follows the terrain of the ground. In fact, when it is water damp, it is likely going to be even more slippery than walking on ground. Those are the comments I would like to clarify this. MR. CHAIRMAN: Thank you. Any questions of this gentleman? No, thank you Sir. GEORGE CHRISTMAN: Thank you. MR. CHAIRMAN: Any further comments from anyone? WILLIAM WALSH: Could I just say? Page 21 - HearingOranscript • Regular Meeting of April 11, 1995 Southold Town Board of Appeals MR. CHAIRMAN: Surely. WILLIAM WALSH: The erosion factors, we have a bulkhead. If I'm not mistaken I don't think the Kennedy has a bulkhead. GEORGE CHRISTMAN: That's correct. WILLIAM WALSH: Does he? GEORGE CHRISTMAN: No, that's correct, he does not have a bulkhead. WILLIAM WALSH: So his property and the next property doesn't. What probably has stopped the erosion where we are is we have a bulkhead and the property to the north of me has a bulkhead. MR. CHAIRMAN: How long have you lived there Mr. Walsh? WILLIAM WALSH: I have lived on Fleetwood Road for 20 years. I owned the house directly across the street for about 15 years. MR. CHAIRMAN: Good, it's none of my business and I'm just asking the question but did you erect the bulkhead in front of your house? WILLIAM WALSH: No, it was there. MR. CHAIRMAN: It was there. WILLIAM WALSH: I've lived in this house only since 86. MR. CHAIRMAN: I see and you did not erect the bulkhead, it was erected there prior to your WILLIAM WALSH: Prior and I haven't seen anything really happen to that or to persons to the north and I didn't really check the Kennedys. MR. CHAIRMAN: So, to reiterate we have 5.8 feet that's covered by the upstairs deck. We're proposing 14'4" out farther which will remain unroofed at all times. Cx/sr/ v~ (3orcv/Na / NEW 000 R A14 ~OST tl j 1 '~v 1 ly PGATGdRry~ -'~X/STING 6RADC' ww,,t 414 li 50 7-A ft wcd P f"4-AT r~reM EYF~ W/rF/ CvMA VE 3 P1A t (7GATFoRM 8 ~-o ~IN lilt' $ 1 0 7c7°ioN A-,4 t Board of Appeals Town of Southold Main Road March 27,1995 Southold, N.Y. Sirs: I strongly object to the plans of William and Janet Walsh for the following reasons: To begin with, my photographs of the house before the earlier improvements were made, show the original house coming down in a straight line. While Mr. Walsh has insisted that he has come out no further, the photographs show otherwise. Now he has plans for a three-foot wide platform that will closer than ever to the fence that is on my property. With the constant use of this platform, the sounds will be heard clearly throughout my house. There is also the question about whether there would still be 15 feet between the houses with the three-foot platform in place. Further, he is planning to put a low wall right adjacent to my fence, which will, to all intents and purposes, literally put him virtually in my yard. I also note that he has realligned his steps to the beach, within six feet of my fence, which would appear to be an unreasonable closeness to my property. I would suggest that they remain where they are at the present time. I am currently trying to sell my house, and many persons who are otherwise interested, have pointed out that the Walsh house is too close, and virtually on top of my home. I urge the Board of Appeals to deny the Walsh's projections as it would seriously affect not only my home, but the entire neighborhood. Respectful1 William A. Kennedy Page 11 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals wouil approximation but it would be in that general area and the reason for the angle of the court is due to the wind directions. MR. CHAIRMAN: Alright, and for the record it's a 10 foot fence just to reiterate what you were saying and at this time there is no request for lighting. Is that correct? GAIL WIC HAM: There is no, there is to be no MR. CHAIRMAN: No lighting. Alright, hearing no further comment, seeing no hands, does anybody want to make a motion? MEMBER DOYEN: I will. MR. CHAIRMAN: Alright. MEMBER DINIZIO: I'll second it. ti BOARD SECRETARY KOWALSKI: You're approving it as applied for? MEMBER DINIZIO:, No lights. BOARD SECRETARY KOWALSKI: No lights. MR. CHAIRMAN: No lights, yes, with the provision there be no lights. Jimmy you second? MEMBER !DINIZIO: Yes. MR. CHAIRMAN: All in favor? i BOARD i MEMBERS: Aye,. j 8:12 P.M. Appli. No. 4304 - WILLIAM axtd~~JANET WALSH Page 12 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals MR. CHAIRMAN: Application based upon the <march 2, 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under Article XXIII, Section 100-239.4B for permissiun to construct an addition to existing dwelling with a setback at less than the required 75 feet from existing bulkhead. Property ID 1555 Fleet Road, Cutchogue, N.Y.; County Tax Map No. 1000-137-4-34. This lot has a nonconforming lot area of 12,875 sq. ft. and lot width of 50 feet. I have a copy of a sketch of the survey which is a survey photocopy indicating the approximate placement of the deck and its proximity to the bluff. We have all been out there and looked at it and I have a copy of the, I guess we'll give it a 37 feet from the bulkhead. There is a small bluff there and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. I also have two letters from Mr. Kennedy who is a next door neighbor to the south, actually it's south east probably, opposing the particular application and again I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area and we will ask the applicant if he would like to speak? WILLIAM WALSH: Yes. MR. CHAIRMAN: Are you Mr. Walsh? WILLIAM WALSH: Yes. MR. CHAIRMAN: Could I just ask you to use the mike, it's a little easier when we take it down by tape. WILLIAM WALSH: My wife had wrote, answered a letter and I had brought photos. I had sent copies of photos to the objection. This is just a color photo, can I approach the Board? Page 13 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals MR. CHAIRMAN: Sure. WILLIAM WALSH: This is in the letter or what I sent, I show a set of picture of my wife sitting inside looking at you know this building that we have an extension that was on that a neighbor had question that I had added. So, this is the old building looking from the outside which is almost a twin of this. It's those type of windows. This is the opposite side. If you look here this is what I had sent and this shows the building before I did the work which had this extension on it. This is the new line of the building and the construction drawings that we sent to the Town of Southold. This shows a man digging and shows how close the fence is and the tree and some of the people at the deck could see the tree. It was the building that was always there and I lined up with that and this shows all of those. Here's some additional pictures just showing what we were, the interest of why we want the dYck is that the terrain slopes so much that whole section goes like this but ours in the middle slopes the most and we just want to level it out with a platform in the back and this is the area in question of the platform that we're going to put even with the surface and come around here. The question was the platform and the deck. Along the side which would be the south side face the Kennedy would be even with the ground. I could leave these (photos). The other thing that I was doing tonight is to clarify it a little better MR. CHAIRMAN: Could I just ask you a question Mr. Walsh? WILLIAM WALSH: Sure. 04_/04/95 13,50 S 516 437 2303 YRLSH CORP. 01 W. F. Walsh Structures Corp. P.O. Box 569 • Florol Park IW_19002_!-TELEPHONE (546) 437-2250 FAX: (516) 437-2303 APR - A FAX COVE_ R LETTER DATE:_ April 4 1995 FROM: William & Janet Walsh PLEASE DELIVER THE FOLLOWING PAGE(S) TOz NAME: Linda Kowalski, for the Board of Appeals COMPANY: Town of Southold RE: Appl. No. 4304 6 TOTAL NUMBER OF PAGES, INCLUDING THIS TRANSMITTAL: IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL US. COMMENTS: We are forwarding a three-vase response to Mr. Kennedy's letter a Plot Plan & Surve and a Confirmation of Posting. The originals of the aforementioned will be mailed to you in today's post, plus photographs mentioned in letter. If there is anything further we can do to facilitate this matter, we would appreciate your contacting us. Thank You! 04/04/95 13:59 E 516 437 2303 WHLSH CORP. 02 • • u April 4, 1995 BOARD OF APPEALS TOWN OF SOUTHOLD P.O. Box 1179 Southold, NY 11971 Re: Appl. No. 4304 Dear Board Members: We appreciate the opportunity to respond to Mr. William Kennedy's letter, dated March 27th, regarding the above-referenced application. We would like to address this matter by quoting excerpts from the Kennedy letter: "To begin with, my photographs of the house before the earlier improvements were made, show the original house coming down in a straight line. While Mr. Walsh has insisted that he has come out no further, the photo- graphs show otherwise." MR. KENNEDY IS ABSOLUTELY MISTAKEN IN THIS MATTER. ON A LEAST ONE OCCASION AN ATTEMPT WAS MADE TO EXPLAIN TO MR. KENNEDY THAT HE WAS NOT CORRECT IN THIS ASSUMPTION. THE MAJOR ADDITION WAS MADE ON THE WEST SIDE OF THE HOUSE AND THE EXTENSION LINED UP WITH THE EXISTING BUILDING. TO THAT END, THE TOWN OF SOUTHOLD HAS ON FILE THE PERMIT APPLICATION FOR THIS WORK WHICH REFLECTS THE ACCURATE DIMENSIONS EXISTING AT THE TIME OF APPLICATION - THE SAME DIMENSIONS WHICH EXIST TODAY WITH REGARD TO THE NORTH AND SOUTH SIDES OF THE BUILDING. IN THIS REGARD WE ARE ATTACHING A PLOT PLAN AND SURVEY AND VARIOUS PHOTOGRAPHS. THESE PHOTOS WERE TAKEN PRIOR TO ANY WORK. SOME OF THE PHOTOS ARE OF THE EXTERIOR OF THE HOUSE TAKEN AT THE TIME WE PURCHASED THE PROPERTY AND CLEARLY INDICATE THAT NO ADDITION WAS MADE ON THE SOUTHSIDE. ONE OF THE PHOTOS SHOWS MRS. WALSH SITTING AND READING IN THE AREA MR. KENNEDY THINKS WE ADDED. "Now he has plans for a three-foot wide platform that will closer than ever to the fence that is on my property. With the constant use of this platform, the sounds will be heard clearly throughout my house." THE PLATFORM WE ARE SEEKING ON THE SOUTHSIDE WILL BE EVEN WITH GROUND LEVEL. IT WOULD ONLY BE SEEN FROM MR. KENNEDY'S SIDE IF HE CAME UP TO THE FENCE AND LOOKED OVER. THE PURPOSE OF THE PLATFORM IS ONE OF SAFETY AS WE WALK ALONG THE SIDE OF THE HOUSE. WE DO NOT PLAN TO WALK IN A NOISIER.FASHION THAN WE EVER HAVE BEFORE AND DO NOT UNDERSTAND HOW THAT WOULD INCREASE THE SOUNDS "HEARD CLEARLY THROUGHOUT" HIS HOUSE. 04le4/95 1359 E 516 437 2303 WRLSH CORP. 83 BOARD OF APPEALS • • 2. RE: Appl. No. 4304 "There is also the question about whether there would still be 15 feet between the houses with the three-foot platform in place." THE MEASUREMENTS INDICATE THAT THERE WOULD STILL BE AT LEAST 15 FEET BETWEEN THE HOUSES WITH THE THREE-FOOT PLATFORM IN PLACE. "Further, he is planning to put a low wall right adjacent to my fence, which will, to all intents and purposes, literally put him virtually in my yard." THE SO-CALLED "LOW WALL" IS ACTUALLY AN EXISTING TREATED-WOOD LANDSCAPING TIE WHICH IS ENTIRELY IN OUR OWN YARD. "I also ncte that he has realligned his steps to the beach within six feet of my fence, which would appear to be an unreasonable closeness to my property. I would suggest that they remain where they are at the present time." WE ARE HAPPY TO OBLIGE MR. KENNEDY'S SUGGESTION THAT THE STEPS REMAIN WHERE THEY ARE AT THE PRESENT TIME. THE FACT IS THESE STEPS ARE AS EXISTED AT THE TIME THE HOUSE WAS PURCHASED AND NO REALIGNMENT HAS TAKEN PLACE. UP TO THIS TIME NO WORK HAS EVER BEEN DONE ON THE STEPS. WE NOW FIND IT NECESSARY TO REPLACE SOME OF THE STEPS THAT WERE DAMAGED DURING A STORM. THE STEPS WILL REMAIN IN THE EXISTING AREA. "I am currently trying to sell my house, and many persons who are otherwise interested, have pointed out that the Walsh house is too close, and virtually on top of my home." WE SYMPATHIZE WITH MR. KENNEDY HAVE A PROBLEM SELLING HIS HOUSE. HOWEVER, WE REALLY DOUBT HIS FAILURE TO SELL IS DUE TO THE PROXIMITY OF THE HOUSES. ALL THE HOUSES IN THE FLEETSNECK AREA ARE BUILT CLOSELY TO EACH OTHER, THIS IS ESPECIALLY TRUE OF THE WATERFRONT PROPERTIES. WE SUGGEST THAT THE PROBLEM MIGHT VERY WELL BE THAT THERE ARE MANY HOUSES IN THE AREA UP FOR SALE. A RECENT WALK AROUND THE AREA SHOWS THERE TO BE AT LEAST THREE OTHER WATERFRONT PROPERTIES BEING SHOWN. WE HAVE SPENT A GREAT DEAL OF MONEY IMPROVING THE EXTERIOR OF OUR PROPERTY AND WE BELIEVE THIS WOULD DO NOTHING BUT INCREASE THE VALUE OF HIS HOUSE AND IN NO WAY BE A DETRIMENT. THIS HOUSE WAS PURCHASED AROUND 1987 AND THE KENNEDY HOUSE WAS ABOUT 10'0"3 FROM OUR PROPERTY LINE AND IN 1995 IT IS STILL 10'0"t FROM OUR PROPERTY LINE. THE WALSH PROPERTY IS 50 FEET WIDE AND THE HOUSE IS CENTERED ON THE PROPERTY. THE KENNEDYS HAVE A MUCH WIDER PIECE OF PROPERTY (751t WIDE) LEAVING ABOUT 30 FEET ON THE SOUTHSIDE. IF ANYTHING, THE KENNEDY HOUSE IS TOO CLOSE TO THE WALSH HOUSE! , 04,04,95 14,00 E 516 437 2303 URLSH CORP. 04 • • V BOARD OF APPEALS 3. RE: Appl NO. 4304 It is our intention to retire in the North Fork and live in this house. Therefore, we have given a great deal of consideration to the improvements we are presently requesting. After spending more than twenty summers and hundreds of weekends in the Fleetaneck Community, we think we have a real feel for the community and its unique architec- tural features. We honestly feel that our requests are reasonable and respectfully ask the Board of Appeals to look favorably upon our application. We thank you for your consideration to this matter. Since/rely yours, William F. Walsh Enc. Janet A. Walsh m t4#. Lo N 16 tL85 57 20 E 3 FENCE 1"5. j ti •°~r 't~---~ , 4 Pam& 4p H A iAR. aIov VMVi1 JAV _l 2 5TO MY CR. Ko-t , O ' vacr. L PPL a 3 FF, - ? 4 ~ ~I 585 57*26'W - i GAR W/F. -Z S~axsrl~dase . "fix se k ' sGEt.1NEG ' P m In MAP OF P20PEQT_Y SUFF. ~N,,ctw.F cP..4... B7,4 -54 SURVEYS F~L EL~VATtRitiS Zee 'rv AnEAN SEA GFVEI..,N6VD. AT 04/04/95 14901 S 516 437 2303 WRLSH CORP. 06 BOARD OF APPEALS:TOWN OF SOUTHOLD x In the Matter of the Application of WILLIAM AND JANET WALSH CONFIRMATION OF POSTING I~ William F. Walsh , reading at 1555 Fleetwood Road Cutchoque, New York 0 hereby confirm that on the 2nd day of April, 1995, I personally posted the property known as "1555 Fleetwood Road, Cutchogue, NY; CTM Parcel 91000-17-4-22" by placing the Town's official poster Notice on the garage facing the road aide of the property, and that I agree to maintain the poster in this location at least seven days prior to the date of the public hearing (date of hearing noted thereon to be held April 11, 1995.) Dated: April 4 1995. (=.E"~,~ BOARD OF APPEALS:TOWN OF SOUTHOLD ------------------------------------------x In the Matter of the Application of WILLIAM AND JANET WALSH ------------------------------------------x CONFIRMATION OF POSTING I, William F. Walsh , residing at 1555 Fleetwood Road Cutchogue, New York hereby confirm that on the 2nd day of April, 1995, I personally posted the property known as "1555 Fleetwood Road, Cutchogue, NY; CTM Parcel #1000-17-4-22" by placing the Town's official poster Notice on the garage facing the road side of the property, and that I agree to maintain the poster in this location at least seven days prior to the date of the public hearing (date of hearing noted thereon to be held April 11, 1995.) Dated: April 4 , 1995. (signature) APPEALS BOARD MEMBERS o~~gOFFO(,~c ht. GGy Southold Town Hall Gerard P. Goehringer, Chairman o 53095 Main Road Serge Doyen, Jr. ti x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora OI ~a Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 30, 1995 Mr. and Mrs. William F. Walsh P.O. Box 569 Floral Park, NY 11002 Re: Appl. No. 4304 - Deck with Insufficient Setback from Bulkhead Dear Mr. and Mrs. Walsh: Please find enclosed a copy of communications received from the adjacent property owner south of your property. You may wish to respond to some of his concerns relating to the deck either before the hearing or at the hearing on April 11, 1995. Very truly yours, Linda Kowalski for the Board of Appeals Enclosure f I i I--- 33 - MALO N ~ t~.85 57 20 E . a Z61 ~ r FENCE 15.-~-• X23' -r3'S -'rf _ I S): V - `ocmyrm t~~2 t71 ~b -i 1 ' 9 f7 i ~IJ aior r e h r i 1 r r r bu0 copy M c ,n 3 DTwp i -2 ST: QY Gr.', HC ~ ~ PREP. I e{/ "r~' `0 J ; n:, r2p~ for ~ . U - 1 i-': D9C/L1 - yr ,r. J~ i d ohs S 70P of a-NN - - ~1 o r- I4 Y S:-avs + I A e FENCES ALONG LINE± ~ tl P4epo- vn s=t. 'LOW WALL ~ Lor :'a Eii 1 it 5*7 ?Q•~/./. L7 f N o ! 5_~-QLE 'v/ F p•MCNt t^.E"vT KEtiiNE--'f 0•P'PE o Arrli a: 2z.87 5 r 'pA SiJ 4? C-c < OuS 2Z.. r=c' 14 rO MEAN SEA 1 f 1 I n ;~T \A j r vCL., Ne?D. 1}\~r°(S 25oti~. ~UrCHG GU E 'D Z) 2ODE~c1~t4 VAFJ TUYL RC. 0 APPEALS BOARD MEMBERS ~o 4SOFFOJ,(co ti Gy Southold Town Hall Gerard P. Goehringer, Chairman o° 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. Oy Southold, New York 11971 Robert A. Villa ~Jj01 ~.a0 Fax (516) 765-1823 Lydia A.Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 28, 1995 Mr. and Mrs. William F. Walsh P.O. Box 569 Floral Park, NY 11002 Re: Appl. No. 4304 - Deck with Insufficient Setback from Bulkhead Dear Mr. and Mrs. Walsh: Please find enclosed a copy of the Legal Notice published this week by our office. You will note that the public hearing on this application will be held on Tuesday, April 11, 1995 at the Southold Town Hall. Also, enclosed is a Poster Notice which must be placed either on a stake and located in the front yard (road side) of your property, or on the front of the building closest to the road, where it can be easily seen from the road. The poster must be conspicuously located at this time since the Board Members are planning to visit the area within the next week or so. The attached Confirmation of Posting should be signed and returned to our office either by mail or hand delivered for our record. If you have any questions, please call us. Thank you. Very truly yours, Linda Kowalski Enclosures cc: Cutchogue Address P. S. Reminder if not done - please stake the four corners of the proposed location of the garage building for viewing by the board members. 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: tA T,0 t I e Ir' LJ Ow L S H DATE OF PUBLIC HEARING: f u If you have an interest in this project, you are invited to view the Town file(s) A which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS TOWN OF SOUTHOLD • (516) 765-1809 \1 ~,J NOTICE IS,IJEREBY GIVEN, ) SS: pursuant to Secdam_2b7 of Town fh Law sndthe ode of th n of COl1lV1Y OFOIIC ) Southold, thV~' ublic''i h~ ratings. Haba'-nine l r f ~5~i nil. of Mattituck, (AkbeLe sOUTHOLD ARD OF , Town Hall. to said County, being duly sworn, says that he/she Is !53095 Main Road: Southold; Nea, Principal Clerk of THE SUFFOLK TIMES, a Weekly York 11971, on TUESDAY; APRIL 11,1995,-commencing'at the times Newspaper, published at Matiitack, in the Town Of specified below: - " ° Southold, County of Suffolk and State of New York, 1. 7:30 p.m.-Appl. No. 4303 STANLEY and JANICE FLISS. and that the Notice Of which the annexed is a Request for Variance under the Zoning Ordinance, Article X, Section I01Ciq printed copy, has been regularly published in said lmf. accessory provisions, Section Newspaper once each week for weeks 100-331 for permission to locate build- Ing for garage with woodshop and successively, contuse Ing on the day of (4' storage me incidental to the principal il1A~~1 19~:,,) use, presently single-family dwelling, 11Lt in the westerly side yard area and part- ly in the rear yard area. The subject co premises is located in the -B-General 1 Business Zone District and is known AI/Y/~ .~JrJt~/ as 565 Old Main Road, Mattltuck, NY; CHRISTINA VOUNSKI County Tax Map ID No. 1000-122-7- Notary Public, State of New York erk Principal Cl 2. No. 5004884 j2. 7:35 p.m. Appl. No. 4305 - Qualified in Suffolk County DERRICK CEPHAS. Application Commission E ues Novernber 23, 1 baud upon the he March 23,1995 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under the zoning Ordinance, Article xxm, Notary Public Section 100-231 for permission. to erect 10 ft. high fencing around pro- posed tennis won in a front yard area. The subject property fronts along Sworn fore m this Orient Harbor and is known as 1600 WA AA JL_ 19 King Street; Orient, NY; County Tax day of -Map ID #1000-26-2-42.2. This lot contains total arcs of 7.5 acres and is 9 known as tot 2 on the Subdivision' Map of Major Terrace approved on July 9, 1990. 3. 7:40 p.m. Appl. No. 4304 - WILLIAM and JANET WALSH. Application based upon the March 2. 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under Article XXIII, Section 100-239.4B for permission to con- stmct an addition to existing dwelling with a setback at less than the required 75 feet from.:existina. bulkhead. Property ID: 1555 Fleetwood Road, Cutchogue, NY; County Tax Map. Parcel No. IODD-137-434. This lot has a nonconforming lot area of 12,875 sq. ft. and lot width of 50 feet. The Board of Appeals will at said time and place hear any and all per- sons or representatives desiring to be heard in the above matters. Written comments may. also be submitted prior to the conclusion of the subject bear- ing. Each hearing will not start before the times designated above. if you wish to review the files or need to request more information, please do not hesitate to call 765-1809 or -visit our office. Dated: March 28, 1995. BY ORDER OF THE SOUTHOIDTOWN BOARD OF APPEALS GERARD P. GOEHRWGER CHAIRMAN By Linda Kowalski " 8291-ITM30 - s • APPEALS BOARD MEMBERS h~O~O$UFFO~~ COGy Southold Town Hall Gerard P. Goehringer, Chairman o° 53095 Main Road Serge Doyen, Jr. rn x P.O. Box 1179 James Dinizio, Jr. O .F Southold, New York 11971 Robert A. Villa y~j~l ~a0~ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD E•Q•R•A• March 24, 1995 TYPE II ACTION DECLARATION Appeal No. 4304 Project/Applicants: William Walsh County Tax Map No. 1000- 137-4-34 Location of Project: 1555 Fleetwood Rd., Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct addition to existing dwelling with insufficient setback from bulkhead 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) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990). Although this action is classified as Type 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 Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. me • o~OSgFFOL/re JUDITH T. TERRY C~ Gy~ Town Hall, 53095 Main Road TOWN CLERK H Z P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax (516) 765-1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER Telephone (616) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Office of the Town Clerk DATE: March 27, 1995 RE: Zoning Appeal Appl. No. 4304 - WILLIAM s JANET WALSH Transmitted herewith is Zoning Appeal Appl. No. 4304 - WILLIAM 6 JANET WALSH together with the Notice of Disapproval from the Building Department, the notices to adjacent property owners, a letter from the NYS DEC dated 6/11/92, a letter from the Board of Town Trustees dated August 6, 1992, a copy of a letter from Janet Walsh to the Board of Trustees dated July 6, 1992, the Questionnaire from the Zoning Board of Appeals, the Short Environmental Assessment Form, a copy of a photograph of the property, a copy of the Survey Map, photos of side of house and a copy of the proposed plan. Judith T. Terry, Southold Town Clerk ® p D 2_SToRy,.tlof+s~ NIh.LGN ~ 1i ~ ~ ,L V A - LS 1,L85 572d•E. i - S .a 3 -IGAwL l..6J O A 1 + f1••~4t D••1 u/ - 1 - LV CAM v i = of pan& f o jai ";k vjtiAxrv _f cwrZ z~oov iL-'~ 2 SsiD ¢v c¢ 640. ='a ' asoc I Q 4 £ ~ a f i go ~ - ~ .~v f7C wwfc• 4r I~ 8 IV • • i ~ V ~I r/~ ,~f ~•_.l.J of I FfrK,ES A[OtJ6.[•fFIE ~ tL~ _ ~ - ~ p 14 64 A; SBS S7 Zip W. d ti ti fi o ~ ~ i liAlt nt/F. 2'~-~~~tlasE 1 T_ ' I~'JNEG ' a w m in .JL MAP OF PROPS ZTY - S1FF Co.: iW MAF C;AT.4. ;-OCIJ • : B-7,4-54• SURVEY,EU FtXZ .,/~1 u "tVATJO11S 1ZEPEM -M eaEAN SEA _ L-IA1' ~ ~ J At VE T I \W/. '16-..iIH ~VEi.N6VD_ AT rf frrun Gt;E APR - 3 March 29. 1995 Board of Appeals Town of Southold Main Road Southold, N.Y.11971 Sirs: It has occurred to me that there is a door in the living room that leads out onto what would be the deck. This, then, would obviate the need for the three-foot platform that runs alongside the house. Which, in turn, would serve to reduce somewhat the noise level in the Kennedy home. Res lly, William A. Kennedy t L"a is ~ April 4, 1995 BOARD OF APPEALS TOWN OF SOUTHOLD n_ P.O. Box 1179 -7 Southold, NY 11971 Re: Appl. No. 4304 Dear Board Members: GG We appreciate the opportunity to respond to Mr. William Kennedy's letter, dated March 27th, regarding the above-referenced application. We would like to address this matter by quoting excerpts from the Kennedy letter: "To begin with, my photographs of the house before the earlier improvements were made, show the original house coming down in a straight line. While Mr. Walsh has insisted that he has come out no further, the photo- graphs show otherwise." MR. KENNEDY IS ABSOLUTELY MISTAKEN IN THIS MATTER. ON A LEAST ONE OCCASION AN ATTEMPT WAS MADE TO EXPLAIN TO MR. KENNEDY THAT HE WAS NOT CORRECT IN THIS ASSUMPTION. THE MAJOR ADDITION WAS MADE ON THE WEST SIDE OF THE HOUSE AND THE EXTENSION LINED UP WITH THE EXISTING BUILDING. TO THAT END, THE TOWN OF SOUTHOLD HAS ON FILE THE PERMIT APPLICATION FOR THIS WORK WHICH REFLECTS THE ACCURATE DIMENSIONS EXISTING AT THE TIME OF APPLICATION - THE SAME DIMENSIONS WHICH EXIST TODAY WITH REGARD TO THE NORTH AND SOUTH SIDES OF THE BUILDING. IN THIS REGARD WE ARE ATTACHING A PLOT PLAN AND SURVEY AND VARIOUS PHOTOGRAPHS. THESE PHOTOS WERE TAKEN PRIOR TO ANY WORK. SOME OF THE PHOTOS ARE OF THE EXTERIOR OF THE HOUSE TAKEN AT THE TIME WE PURCHASED THE PROPERTY AND CLEARLY INDICATE THAT NO ADDITION WAS MADE ON THE SOUTHSIDE. ONE OF THE PHOTOS SHOWS MRS. WALSH SITTING AND READING IN THE AREA MR. KENNEDY THINKS WE ADDED. "Now he has plans for a three-foot wide platform that will closer than ever to the fence that is on my property. With the constant use of this platform, the sounds will be heard clearly throughout my house." THE PLATFORM WE ARE SEEKING ON THE SOUTHSIDE WILL BE EVEN WITH GROUND LEVEL. IT WOULD ONLY BE SEEN FROM MR. KENNEDY'S SIDE IF HE CAME UP TO THE FENCE AND LOOKED OVER. THE PURPOSE OF THE PLATFORM IS ONE OF SAFETY AS WE WALK ALONG THE SIDE OF THE HOUSE. WE DO NOT PLAN TO WALK IN A NOISIER FASHION THAN WE EVER HAVE BEFORE AND DO NOT UNDERSTAND HOW THAT WOULD INCREASE THE SOUNDS "HEARD CLEARLY THROUGHOUT" HIS HOUSE. BOARD OF APPEALS • • 2. RE: Appl. No. 4304 "There is also the question about whether there would still be 15 feet between the houses with the three-foot platform in place." THE MEASUREMENTS INDICATE THAT THERE WOULD STILL BE AT LEAST 15 FEET BETWEEN THE HOUSES WITH THE THREE-FOOT PLATFORM IN PLACE. "Further, he is planning to put a low wall right adjacent to my fence, which will, to all intents and purposes, literally put him virtually in my yard." THE SO-CALLED "LOW WALL" IS ACTUALLY AN EXISTING TREATED-WOOD LANDSCAPING TIE WHICH IS ENTIRELY IN OUR OWN YARD. "I also ncte that he has realligned his steps to the beach within six feet of my fence, which would appear to be an unreasonable closeness to my property. I would suggest that they remain where they are at the present time." WE ARE HAPPY TO OBLIGE MR. KENNEDY'S SUGGESTION THAT THE STEPS REMAIN WHERE THEY ARE AT THE PRESENT TIME. THE FACT IS THESE STEPS ARE AS EXISTED AT THE TIME THE HOUSE WAS PURCHASED AND NO REALIGNMENT HAS TAKEN PLACE. UP TO THIS TIME NO WORK HAS EVER BEEN DONE ON THE STEPS. WE NOW FIND IT NECESSARY TO REPLACE SOME OF THE STEPS THAT WERE DAMAGED DURING A STORM. THE STEPS WILL REMAIN IN THE EXISTING AREA. "I am currently trying to sell my house, and many persons who are otherwise interested, have pointed out that the Walsh house is too close, and virtually on top of my home." WE SYMPATHIZE WITH MR. KENNEDY HAVE A PROBLEM SELLING HIS HOUSE. HOWEVER, WE REALLY DOUBT HIS FAILURE TO SELL IS DUE TO THE PROXIMITY OF THE HOUSES. ALL THE HOUSES IN THE FLEETSNECK AREA ARE BUILT CLOSELY TO EACH OTHER, THIS IS ESPECIALLY TRUE OF THE WATERFRONT PROPERTIES. WE SUGGEST THAT THE PROBLEM MIGHT VERY WELL BE THAT THERE ARE MANY HOUSES IN THE AREA UP FOR SALE. A RECENT WALK AROUND THE AREA SHOWS THERE TO BE AT LEAST THREE OTHER WATERFRONT PROPERTIES BEING SHOWN. WE HAVE SPENT A GREAT DEAL OF MONEY IMPROVING THE EXTERIOR OF OUR PROPERTY AND WE BELIEVE THIS WOULD DO NOTHING BUT INCREASE THE VALUE OF HIS HOUSE AND IN NO WAY BE A DETRIMENT. THIS HOUSE WAS PURCHASED AROUND 1987 AND THE KENNEDY HOUSE WAS ABOUT 10'0"± FROM OUR PROPERTY LINE AND IN 1995 IT IS STILL 10'0"± FROM OUR PROPERTY LINE. THE WALSH PROPERTY IS 50 FEET WIDE AND THE HOUSE IS CENTERED ON THE PROPERTY. THE KENNEDYS HAVE A MUCH WIDER PIECE OF PROPERTY (75'± WIDE) LEAVING ABOUT 30 FEET ON THE SOUTHSIDE. IF ANYTHING, THE KENNEDY HOUSE IS TOO CLOSE TO THE WALSH HOUSE! BOARD OF APPEALS 3. RE: Appl NO. 4304 It is our intention to retire in the North Fork and live in this house. Therefore, we have given a great deal of consideration to the improvements we are presently requesting. After spending more than twenty summers and hundreds of weekends in the Fleetsneck Community, we think we have a real feel for the community and its unique architec- tural features. We honestly feel that our requests are reasonable and respectfully ask the Board of Appeals to look favorably upon our application. We thank you for your consideration to this matter. Sincerely yours, William F. Walsh Enc. Janet A. Walsh a . + 5v U TN ~7~AF+ • f j N~ t Mr5 ~?R ICEr?N ED y TNiAlKS MAI APP5oD ~ ? ~ X11, f e Q ' J ' Aw i r:; r. v4 j 61 airl y . t ~ 1 ~ ~ ~ ~fP MN NOW - .e Z-Z~ fob a 30" 4 ~1 ~1' ~ S/Y~L ~7 STK C,Ep•~ Y a P - 2+ ~D(S Z. b Id TI - - Q sj4fb As.~- I. Z-Zx/OS ~A•a ~TGy 6 i) I yp, F i C3 4 LL ~i K , Z.. .IO ~ C ~]raafL F rT-~7 r't,w--- ~ ~ rib zap rv+.~ _ O ,I ~I y+.4 c~A VI y~v - fi 'e W N O W +LC 1AP4 F WA45AI iss's F"G WEr oen oA~ CuTaA(ect?E ` 04/04/95 13:58 S 516 437 2303 WRLSH CORP. 01 • jd W. F. Walsh Structures Corp. p,o. Box 569 • Fkxol Pork. W 11002 •-TEVpHONE (546) 437-2250 FAX: (516) 437-2303 FAX COVER LINTER DATE:_ aril 4. 1995 FROM: William 6 Janet Walsh PLEASE DELIVER THE FOLLOWING PAGE(S) TO: NAME. Linda Kowalski, for the Board of Appeals COMPANY: Town of Southold RE: Appl. No. 4304 6 TOTAL NUMBER OF PAGES, INCLUDING THIS TRANSMITTAL: IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL US. COMMENTS: We are forwarding a three-vase response to Mr. Kennedy's letter a Plot Plan & Survey and a Confirmation of Posting. The originals of the aforementioned will be mailed to you in today's post, plus photographs mentioned in letter. If there is anything further we can do to facilitate this matter, we would appreciate your contacting us. Thank You! 04/04/95 13459 E 516 437 2303 WHLSH CORP. 02 April 4, 1995 BOARD OF APPEALS TOWN OF SOUTHOLD P.O. Box 1179 Southold, NY 11971 Re: Appl. No. 4304 Dear Board Members: We appreciate the opportunity to respond to Mr. William Kennedy's letter, dated March 27th, regarding the above-referenced application. We would like to address this matter by quoting excerpts from the Kennedy letter: "To begin with, my photographs of the house before the earlier improvements were made, show the original house coming down in a straight line. While Mr. Walsh has insisted that he has come out no further, the photo- graphs show otherwise." MR. KENNEDY IS ABSOLUTELY MISTAKEN IN THIS MATTER. ON A LEAST ONE OCCASION AN ATTEMPT WAS MADE TO EXPLAIN TO MR. KENNEDY THAT HE WAS NOT CORRECT IN THIS ASSUMPTION. THE MAJOR ADDITION WAS MADE ON THE WEST SIDE OF THE HOUSE AND THE EXTENSION LINED UP WITH THE EXISTING BUILDING. TO THAT END, THE TOWN OF SOUTHOLD HAS ON FILE THE PERMIT APPLICATION FOR THIS WORK WHICH REFLECTS THE ACCURATE DIMENSIONS EXISTING AT THE TIME OF APPLICATION - THE SAME DIMENSIONS WHICH EXIST TODAY WITH REGARD TO THE NORTH AND SOUTH SIDES OF THE BUILDING. IN THIS REGARD WE ARE ATTACHING A PLOT PLAN AND SURVEY AND VARIOUS PHOTOGRAPHS. THESE PHOTOS WERE TAKEN PRIOR TO ANY WORK. SOME OF THE PHOTOS ARE OF THE EXTERIOR OF THE HOUSE TAKEN AT THE TIME WE PURCHASED THE PROPERTY AND CLEARLY INDICATE THAT NO ADDITION WAS MADE ON THE SOUTHSIDE. ONE OF THE PHOTOS SHOWS MRS. WALSH SITTING AND READING IN THE AREA MR. KENNEDY THINKS WE ADDED. "Now he has plans for a three-foot wide platform that will closer than ever to the fence that is on my property. With the constant use of this platform, the sounds will be heard clearly throughout my house." THE PLATFORM WE ARE SEEKING ON THE SOUTHSIDE WILL BE EVEN WITH GROUND LEVEL. IT WOULD ONLY BE SEEN FROM MR. KENNEDY'S SIDE IF HE CAME UP TO THE FENCE AND LOOKED OVER. THE PURPOSE OF THE PLATFORM IS ONE OF SAFETY AS WE WALK ALONG THE SIDE OF THE HOUSE. W£ DO NOT PLAN TO WALK IN A NOISIER.FASHION THAN WE EVER HAVE BEFORE AND DO NOT UNDERSTAND HOW THAT WOULD INCREASE THE SOUNDS "HEARD CLEARLY THROUGHOUT" HIS HOUSE. 04/04,95 13159 S 516 437 2303 WRLSH CORP. 03 • 2. BOARD OF APPEALS RE: Appl. No. 4304 "There is also the question about whether there would still be 15 feet between the houses with the three-foot platform in place." THE MEASUREMENTS INDICATE THAT THERE WOULD STILL BE AT LEAST 15 FEET BETWEEN THE HOUSES WITH THE THREE-FOOT PLATFORM IN PLACE. "Further, he is planning to put a low wall right adjacent to my fence, which will, to all intents and purposes, literally put him virtually in my yard." THE SO-CALLED "LOW WALL" IS ACTUALLY AN EXISTING TREATED-WOOD LANDSCAPING TIE WHICH IS ENTIRELY IN OUR OWN YARD. "I also nde that he has realligned his steps to the beach within six feet of my fence, which would appear to be an unreasonable closeness to my property. I would suggest that they remain where they are at the present time." WE ARE PHAPPY TO MR. SUGGESTION THSTEPS STEPS ARE AS N WHERE THEY ARE AT THE PRESENT TIME. THE FACT IS THESE EXISTED AT THE TIME THE HOUSE WAS PURCHASED AND NO REALIGNMENT HAS TAKEN PLACE. UP TO THIS TIME NO WORK HAS EVER BEEN DONE ON THE STEPS. WE NOW FIND IT NECESSARY TO REPLACE SOME OF THE STEPS THAT WERE DAMAGED DURING A STORM. THE STEPS WILL REMAIN IN THE EXISTING AREA. "I am currently trying to sell my house, and many persons who are otherwise interested, have pointed out that the Walsh house is too close, and virtually on top of my home." WE SYMPATHIZE WITH MR. KENNEDY HAVE A PROBLEM SELLING HIS HOUSE. HOWEVER, WE REALLY DOUBT HIS FAILURE TO SELL IS DUE TO THE PROXIMITY OF THE HOUSES. ALL THE HOUSES IN THE FLEETSNECK AREA ARE BUILT CLOSELY TO EACH OTHER, THIS IS ESPECIALLY TRUE OF THE WATERFRONT PROPERTIES. WE SUGGEST THAT THE PROBLEM MIGHT VERY WELL BE THAT THERE ARE MANY HOUSES IN THE AREA UP FOR SALE. A RECENT WALK AROUND THE AREA SHOWS THERE TO BE AT 'LEAST THREE OTHER WATERFRONT PROPERTIES BEING SHOWN. WE HAVE SPENT A GREAT DEAL OF MONEY IMPROVING THE EXTERIOR OF OUR PROPERTY AND WE BELIEVE THIS WOULD DO NOTHING BUT INCREASE THE VALUE OF HIS HOUSE AND IN NO WAY BE A DETRIMENT. THIS HOUSE WAS PURCHASED AROUND 1987 AND THE KENNEDY HOUSE WAS ABOUT 10'0"* FROM OUR PROPERTY LINE AND IN 1995 IT IS STILL 10'0"t FROM OUR PROPERTY LINE. THE WALSH PROPERTY IS 50 FEET WIDE AND THE HOUSE IS CENTERED ON THE PROPERTY. THE KENNEDYS HAVE A MUCH WIDER PIECE OF PROPERTY (75't WIDE) LEAVING ABOUT 30 FEET ON THE SOUTHSIDE. IF ANYTHING, THE KENNEDY HOUSE IS TOO CLOSE TO THE WALSH HOUSE! 04/04/95 14200 S 516 437 2303 WRLSH CORP. 04 BOARD OF APPEALS 3. RE: Appl NO. 4304 It is our intention to retire in the North pork and live in this house. Therefore, we have given a great deal of consideration to the improvements we are presently requesting. After spending more than twenty summers and hundreds of weekends in the Fleeteneck Community, we think we have a real feel for the community and its unique architec- tural features. We honestly feel that our requests are reasonable and respectfully ask the Board of Appeals to look favorably upon our application. We thank you for your consideration to this matter. Sincerely yours, William F. Walsh Enc. Janet A. Walsh • - 2_sro R y w~s~ - NIP.LGN l> rc 1. V A ~ ~~J t ;11 _ 1.185.57 20 E. i =L e - ,e, - _ FEMCE _ , ~ . it • j lip. : ~y GAR. ..M~ ~.y~- ~y~ Q. Z Tomy ri T/~••-• a 1-E~ . 1, -mr fib M/:.~ Y ~l M V J a ~ . s ~ r7 ~ ~ /~QtJCi met (F4- z .4 y r 5:85 S7 W N~~ aD i GART_ M/F. 2S?'6RSr1#se / Ex14f;iv6 gek t~!.1NEG Z, m ~ 1 2pe m • .S m in m N!r'1P OF PfLJPE~cTY - SUFF. 1W MAF vAT.6, 197,4:54• SURVEYS .EVATIOWS rtEnzIZ -M aACM4 SUA GTeVE~..N4VD_• i AM o JAI SET V AT . C% APR March 29. 1995 Board of Appeals Town of Southold Main Road Southold, N.Y.11971 Sirs: It has occurred to me that there is a door in the living room that leads out onto what would be the deck. This, then, would obviate the need for the three-foot platform that runs alongside the house. Which, in turn, would serve to reduce somewhat the noise level in the Kennedy home. Res lly, William A. Kennedy 84/86/95 11833 S 516 437 2383 WALSH CORP. 81 AFtl _ 6 W. F. Walsh Structures Corp, o ~c 44 P.O. Box 569 • Floral Park, NY 11002 • TELEPHONE (516) 437-2250 FAX: (516) 437-2303 _ DATE: 4101 CI-6 FAX COVER LETTER FROM: j I I _1 1201S b PLEASE DELIVER THE FOLLOWING PAM (S) TO: NAME: r- inch KR7uukt~S+~i - COMPANY: ud'Mold e-)"3A oP Ar aQS RE : D/~ Iy) y3~ N TOTAL NUMBER OF PAGES, INCLUDING THIS TRANSMITTAL: IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL US. COMMENTS: Our (~n1~DZn~ipn hC/fP t1a LNZZ 7 Ti dm K uW" ~r cj10u r 1 , y v t r L' y ~ ~ ~ ~ ~i .SST too ( 1 . i 04/06/95 11:34 S 516 437 2303 ORLSH CORP. 02 `VI • MRS {?AGSN lQ~AP/NG IN Alrj5A TN/NK 5 WA5 ADDEy r V 0 BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of r N03Tl&- TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: R~ve 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That b~ such Petition, the undersigned will request the following relief: S. That the prov:sion•f the couthold Town ~Zonin Code applicable to the relief sought by the under- signed are Article X)011 /I/ Section- Zgs9, /00,x'3 z [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Owners'Names: c Post Office Address ,vim Tel. No. (`J/6)73¢5'6a$ [Copy of sketch or plan showing proposal to be attached for convenience purposes.] 3 0 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS -4 , Z 760 486 965 Re l.pt for Certified Mail - No Insurance Coverage Provided w,aa auu Do not use for international Mail .aa.4 (See Reverse) sen to Street and No. P.0 St a and ZIP o Postage Certified Fee Special Delivery Fee Restricted Delivery Fee n m fletvrn eipt Showi to o a Deta Dal' / U L t Showing m, I. , Add Atldreasee'a Ad T AL Pees a Fees t pstma "a[a-- Q . M flj s € ~ 1C, 0 LL a. a. STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: W/z L /,a ,t? r Gr/gG 5 /V residing at ~~5~ FG EE Tw ~a p ~oqn t aYcA} dE A/, V 9 3g- being duly sworn, deposes and says that on the _7- day of /vIA fe c FG 19 '15' , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at 5ia oT,N &cE 6V X ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this c~2, Ll day of yt camel cf~ 19 S Notary Public LINDA J. COOPER Notary Public, State of New York No. 4822563, Suffolk County/, Term Expires December 31,1 (This side does not have to be completed on form transmitted to adjoining property owners.) / 34) 59 RECEIVED -fn ZX(4, K-P -0 130 PtK RECENED MAR 2 4 1995 TOWN OF SOUTHOLD. NEW YORK MAh . Southold Town Clerk q 7o APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. UlmCk~rkSouthold DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. cL 1, (We) ...WILLIAM..&...T(114ki~... AWA............ of FLEETWOOD...ROAD Q[/seoet Name of Appellant Street and Number Y ltOol CUTCHOGUE NEW YORK. HEREBY APPEAL TO r d3 i : ^:,a Municipality „ State °':,THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO DATED AR.rk ..?1.3i.. 12.9 r WHEREBY THE BUILDING INSPECTOR DENIED TO 1 - v w a•~ WILLIAM & JANET WALSH - aa at ; Name of Applicant for permit of 1555 Fleetwood Road, Cutchociue, ..NY Street and Number Municipality State - ( ) PERMIT TO USE _ (-1 PERMIT FOR OCCUPANCY Permit to Construct Decking to a One Family Dwelling Cutchogue, NY 1555 1. LOCATION OF THE PROPERTY Fleetwoo$ Road . _ Street /Hamlet / Use District on Zoning Map •vH. Di5trlCt 1000 Sect10n137 Block 4 Lot 3A-. .CUrrent Owner - WILLIAM & JANET WALSH l" rs Map No. Lot No t Prior Owner TUTTLE 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED. (Indicate the Article Section, Sub• section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) y, Article XXIII Section 100-239 4B - y'3. TYPE OF APPEAL Appeal is made herewith for(please check appropriate box) ( WK A VARIANCE to the Zoning Ordinance or Zoning Map ( A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws v_,A Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal 111111111) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a vorionce and was made in Appeal No ..Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( V) A Variance to the Zoning Ordinance is requested for the reason that ram ZBI (Continue on other side) - i REASON FOR APPEAL Continued bit•t+T+.,'{ s'rR10T"X$PLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because: We frequently "babysit" for our grandchild and would greatly appreciate an area where we could keep her in a carriage (or something similar) that would be secure from any animals that might come on to the property. (We seem to have frequent visits from racoons and are hoping they would not be bold enough to go onto the decking.) Therefore, we feel that a deck, in.addition two affording us some level seating area,would contribute to the safety of our grandchild. In addition, we are requesting a platformed side area, even with ground level, to walk along the side of the house. We are requesting this platform because the ground pitches toward the south of the property r; making it a hardship to walk upon. ,It would be a great reflief not to have to worry about someone being hurt walking in this area.. In addition,`' this walkway would facilitate entrance to the deck. w 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate i`. vicinity of this property and in this use district because ° ^ The deck we are planning.extends only twenty .(20) feet. beyond the house and is no further than the neighbor's.existing deck on the southside of the house.* The neighbor's house on the NOithside extends even further =than the twenty (20) foot deck we are requesting.: (Photographs enclosed.) Even though the deck would be facing the water, it would in no way be detrimental to any environmental consideration. We feel that this fact' is supported because both of our neighbors structures are equal to or beyond what we are requesting. (Please note that we are enclosing y. an EDA form letter and a Waiver from the Board of Trustees.) 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because: " The work we did on the property (for which we received approval) complies with all your rules and regulations. We.believe the past -work we have done shows our desire to comply with existing structures and more than that, we feel that the work we have done is in harmony with the natural beauty of the property. We sincerely feel that our request would in no way jeopardize or change the character of-the district and request that you look favorably upon this appeal.; STATE OF NEW YORK ) ~ ss rd 1 COUNTY OFft.(W ) Signature (6 flay of......19 Sworn to this JOHNS. MURPHY o Novi York - NOTARY FU6GC, - 3au ..:........................:....Qveiifiebipr~rt4P ssau Caunttyy G a t a y Public Ca1T~G+591W1 Enaices .7QL•J- i` Al 04,04,95 14101 S 516 437 2303 WRLSH CORP. 06 BOARD OF APPEALS:TOWN OF SOUTHOLD ------------------------------------------x In the Matter of the Application of WILLIAM AND JANET WALSH ------------------------------------------x CONFIRMATION OF POSTING 1, William F. Walsh , redding at 1555 Fleetwood Road Cutchogue, New York , hereby confirm that on the 2nd day of April, 1995, I personally posted the property known as "1555 Fleetwood Road, Cutchogue, NY; CTM Parcel #1000-17-4-22" by placing the Town's official poster Notice on the garage facing the road side of the property, and that I agree to maintain the poster in this location at least seven days prior to the date of the public boaring (date of hearing noted thereon to be held April 11, 1995.) Datod: April 4 , 1995. e ' 9A ' (signature) P,: The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made Ly this board . before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (al In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the additional studies),e research t or o other investigations willebeeundertaken, (b) if any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more ± than 10 acres of land? Yes NO 2. Will there be a major change to any unique or unusual land form on the site? Yes No 3. Will project alter or have a large effect on an existing body of water? Yes No 4. Will project have a potentially large impact on groundwater quality? rte/ Yes -No J 5. Will project significantly effect drainage flow on adjacent sites? q n =Yes No (///1111 6. Will project affect any threatened or endangered plant or animal species? / Yes No 7. Will project result in a major adverse effect on air quality? _Yes -No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? _Yes No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? _Yes -No 10. Will project have a major effect on existing or future recreational opportunities? - _Yes No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? -Yes -No 12. Will project regularly cause objectionable odors, _ noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes -No 13. Will project have any impact on public health or safety? __Yes -..No 14. Will project affect the existing community b directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the _Yes No character of the community or neighborhood? ' 15. Is there public controversy concerning the project? Yes _ No Preparer's Signature: Representing: 2BA 9/95 Date: 14164 (2187)-Teat 12 PROJECT I.D. NUMBER 617.21 SEAR Appendix C State Environmental Duality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT /SPONSOR 7 PROJECT NAME PROJECT LOCATION: Municipality County a. PRECISE LOCATION (Street address and road Intersections, Prominent Urlomarks. eld., or provide map) 5. IS PROPOSED ACTION: ? New ? Exoansion ? ModlficatlONalteratlOn 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ? Yes ? No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ? Residential ? Industrial ? Commercial ? Agriculture ? Park/Foresvopen space ? other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAL)? ? Yes ? No If yes. list agency(s) and permitiapprovals It. COES ANY ASPECT OF THE ACTIJN HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ? Yes ? N, it yeo, list agency, name and permiaapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ? Yes ? No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER (Continued on reverse side) QUESTICNNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) WTT.T.TAM F. JANET [TAT SH B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? { } yes { X} No. Uf Yes, please attach copy of "conditinns" of sale.) C. Are there any proposals to change err alter land contcurs? { } Yes { X} No D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaded be weep the wetlands area and the upland building area? ,5 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for i s determination of jurisdiction? - E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fencers which exist and are not shown on the survey map that you are submitting? No If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel Dwelling and proposed use Autnorized ignature and Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN - The Town of Southold. - TRUSTEES - The Board of Trustees of the Town of Southold. [Added 6.5-84 by L.L. INo. 6.19841 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985t A. i1DALWETLANDS: (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, groundsel. marshmallow and low _ march cordgrass znd/= (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) 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, § 21-0107, Subdivisions 1(a) to 1(d) inclusive. of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land. ward edge of a "freshwater wetland." 9705 z-2s.es TRUSTEES . o~OSpFFO(,~coGy • SUPERVISOR John M. Bredemeyer, III, President tip` m SCOTT L HARRIS Albert J. Krupski, Jr., Vice President CD = Henry P. Smith H u• ,w Town Hall John B. Tuthill °,y ® ~g 53095 Main Road William G. Albertson P.O. Box 1179 Telephone (516) 765-1892 Southold, New York 11971 Fax (516) 765-1523 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD . Aug. 6, 1992 Janet Walsh P.O. Box 569 Floral Park, NY 11002 Re: SCTM# 137-4-34 Dear Ms. Walsh: The following action was taken by the Board of Trustees at their regular meeting of July 30, 1992: RESOLVED that the Southold Town Board of Trustees approve the request for a waiver to build a deck onto existing house as applied for. If you have any questions, please give us a call. ry truly yours, John M. Bredemeyer, III President, Board of Trustees JMB/jmt cc. Building Dept. ~ y - Janet A. Walsh 1555 Fleetwood Road Cutchogue, NY Mailing address: P.O.Box 569 Floral Park, NY 11002 July 6, 1992 Board of Trustees Town of Southold Southold, New York 11971 Gentlemen: I hereby request a waiver so I might be able to submit an Application for Building Permit. I would like to build a deck on my property at 1555 Fleetwood Road, County Tax Map No. 1000 Section 137, Block 4, Lot 34. To this end, I am enclosing a copy of a letter dated 6/11/92 from the New York State Department of Environmental Conservation and a copy of a proposed survey which shows the incorporation of the decking on the existing property. (We obtained this survey at the request of the DEC). Anything you can do to facilitate this matter would be greatly appreciated. Sincerely, Janet A. Walsh New York State Departme0of Environmental Conservatioo Building 40-SONY, Stony Brook, New York 11790-2356 ~ I"y739-poi>-6 ~ OVOU/-D Date: Re: //,44 l F l /a/sA Thomas C. Jorling Dear ,/~l. IAIAls 16S-S- flcefwaod , Commissioner ~i : ~'cl. CufChoq,Ae /V-y! /193S A review has been made of your t1 PIOPaSa-/ fo Cvnsl~kCf C de&k a3 Per hAe- Suivt pe~eol by eoderick VQ^ Tuyi Mar e/ n /K1Z U Based on the information you have submitted the New York State Department of Environmental Conservation has determined that the parcel, xjK_project is: Greater than 300' from inventoried tidal wetlands. _ Landward of a substantial man-made structure greater than 100' in length which was constructed prior to 9/20/77. _ Landward of the 10' above mean sea level elevation contour on a gradual, natural slope. )C QC Landward of the Luuographic crest of a bluff, cliff or dune which is greater than 10' in elevation above mean sea level. Therefore, no permit is required under the Tidal Wetlands Act (Article 25 of the Environmental Conservation Law). Please be advised, however, that no construction, sedimentation or disturbance of any kind may take place seaward of the 10' contour or topographic crest without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation in this area as a result of your project. Such precautions may include providing adequate work area between the 10' contour or topographic crest and the project (i.e. a 15' to 20' wide construction area) or erection of a temporary fence, barrier, or hay bale berm. Please note that any additional work or modification to the project as described, may require authorization by this Department. Please contact this office if such are contemplated. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Very truly yours, Deputy Regional Permit Administrator 46 APPEALS BOARD MEMBERS 00 Gy Southold Town Hall Gerard P. Goehringer, Chairman as ,z 53095 Main Road Serge Doyen, Jr. - F P.O. Box 1179 James Dinizio, Jr. d O~ Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 .Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk County Add-nistrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Ccamission: -w- Variance from the Zoning Code, Article XXIII Section 100-239.48 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4304 Applicant: William & Janet Walsh Location of Affected Land: X15~555 Fleetwood Road, Cutchogue, N.Y. 11935 County Tax Map Item No.: 1000- 137-4-34 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.to ,,,,,,s,.,uct denk to a nn family Copies of Town file and related documents enclosed for your review. Dated: April 1995 ~~SpfFO(~~0 APPEALS BOARD MEMBERS ~O Gym Southold Town Hall Gerard P. Goehringer, Chairman W ,z 53095 Main Road Serge Doyen, Jr. 15~ 41~- P.O. Box 1179 James A. Villa r y~~l ~a0! Southold, Fax (516) 765-182371 Robert Lydia A. Tortara Telephone (516) 765-1809 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 York, hereby refers the following to the Suffolk County Planning Caannission: Variance from the Zoning Code, Article XXlil Section 100-239.48 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4304 Applicant: William & Janet Walsh Location of Affected Land: 115~555 Fleetwood Road, Cutchogue, N.Y. 11935 County Tax Map Item No.: 1000- 137-4-34 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport :omments: Applicant is requesting permission.to , ztr„rt derk to a one family dl.fo l i ' g Copies of Town file and related documents enclosed for your review. Dated: April 1995