HomeMy WebLinkAbout3703Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. ]1971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
ACTION OF THE BOARD OF APPEALS
Appeal No. 3703.
TO:
Patricia C. Moore, Esq.
as Attorney for JOHN AND EVELYN KEATING
Suite 3, Clause Commons
P.O. Box 23
Mattituck, NY 11952
At a Meeting of the Zoning Board of Appeals held on
June 2, 1988 the above appeal was considered, and the Action
indicated below was taken on your Request for a Variance to the
Zoning Ordinance, Article XI, Section 100-119.2A:
Application of JOHN AND EVELYN KEATING for permission to
construct new dwelling and garage with an insufficient setback
from top of bluff along the Long Island Sound. Location of
Property: 19995 Soundview Avenue, Southold, NY; County Tax Map
Parcel No. 1000-51-04-006.
WHEREAS, a public hearing was held and concluded on April
14, 1988 in the Matter of the Application for JOHN AND EVELYN
KEATING under Appl. No. 3703; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
(CONTINUED ON NEXT PAGE)
Page 2 - Appl. No. 3703
Matter of JOHN AND EVELYN KEATING
Decision Rendered June 2, 1988
1. The property in question is identified on the Suffolk
County Tax Maps as District 1000, Section 51, Block 4, Lot 6,
containing a total area of .510 acreage with 100.0 ft. frontage
along the north side of Soundview Avenue, Southold. The subject
premises is located in the "A" Residential and Agricultural Zone
District.
2. The subject premises is presently improved with a single-
family cottage structure having a total livable floor area of
approximately 560 sq. ft. (exclusive of porch area) and a small
accessory tool shed.
3. By this application, appellant proposes to replace the
existing buildings with a new single-family dwelling structure
with a new setback at not less than 40 feet from top of the bluff
along the Long Island Sound, exclusive of proposed 10 ft. brick
terrace structure which would be set back 30 feet from the top of
the bluff. No undeterming of the area at the top of the bluff is
proposed. The brick terrace will be constructed on grade and
will not disturb the contours between the new dwelling and the
bluff. The actual cut for the proposed basement will be not
closer than 40 feet from the top of the bluff and is proposed at
a depth not to exceed four to five feet below existing grade.
(See Engineer's report dated April 11, 1988 from Randall Woodard,
P.E., Ward Associates, P.C.)
4. Article XI, Section 100-119.2A requires all buildings or
structures proposed on lots adjacent to the Long Island Sound to
be set back not less than one-hundred (100) feet from the top of
the bluff, or bank.
5. On-site inspections find as follows:
(a) the lot slopes toward Soundview Avenue and not
toward the bluff;
(b) existing along the toe of the bluff is a bulkhead
in good condition, and the bluff face vegetation con-
sists predominately of annual weeds;
(c) the cottage presently exists on posts without a
basement and is shown to be setback 30 feet from its closest
point to the top of the bluff.
Page 3 - Appl. No. 3703
Matter of JOHN AND EVELYN KEATING
Decision Rendered June 2, 1988
e
(a)
(b)
area;
(c)
(d)
It is the position of this Board that:
the relief requested is not substantial;
the project is not out of character with the general
the circumstances of the property are unique;
the variance will not in turn be adverse to the safety,
health, welfare, comfort, convenience, or order of the town;
(e) there is no other method feasible for appellant to
pursue other than a variance;
(f) in view of all the above factors, the interests of
justice will be observed by the grant of the variance.
Accordingly, on motion by Messrs. Grigonis, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT a Variance from the Provisions of Article
XI, Section 100-119.2A of the Zoning Code for the placement of
dwelling structure within a building-envelope area as below-
specified and conditioned:
1. Setback at not less than 45 feet from the actual
basement or foundation to the closest point of the top of the
bluff;
2. Setback at not less than 35 feet from the closest point
at the top of the bluff to the brick patio at existing grade or
ground level;
3. No excavating or similar activities which will disturb
land area between new construction and the bluff.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was duly adopted.
P~CEIVED AND FIT,F.D BY
~ SOUTHOLD TOWN CLERK
DATE '7-7'- Z- F
Town Clerk, Town of Sou;',.
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the
Town Law and the Code of the Town of Southold, the following
hearings will be qeld by the SOUTHOLD TOWN BOARD OF APPEALS
at a Regular Meeting at the Southold Town Hall, Main Road~
Southold, New York, on THURSDAY, APRIL 14~ 1988 at the follow-
ing times:
7:30 p.m. Appl. No. 3719 SOUTHOED SAVINGS BANK.
Variance to the Zoning Ordinance, Article VI, Section lO0-
60(C)[2](a) for permission to erect an ohZ)remises building
identification sign, the lower edge of which will be less
than four feet above ground. Location of Prooercy:
1400 Railroad (Youngs) Avenue, Southold, NY~ County Tax
Map Parcel N~s. 1000-60-2-10.4 (prev. 10.2 & 10.3).
7:35 p.m. Appl. No. 3716 ROBERT E. WALDRON, JR.
Variance to the Zoning Ordinance, Article XI, Section
100-119.2 for permission to construct deck addition at
rear of existing dwelling which is less than 75
from the mean highwater mark along dredged canal
James Creek, Mattituck. Location of Property:
Jule Lane, Mattituck, NY; County Tax Map Parcel
1000-122-4-17.
feet
at
2980
No.
Ole
7:¢0 p.m. Appl. No. 3575 ROSA J. HODGSON. Variaqces
to the Zoning Ordinance, Article III, Sectior lO0-31, Bulk
Schedule, for approval of the insufficient area and width
of parcel to be set-off in this pending division of land.
Location of Property: North Side of Pine Neck Road, Southold,
NY; County Tax Map Parcel No. 1000-70-6-33. Containing
7.152 acres total.
7:50 p.m. Appl. No. 3707 JOSEPH Fo CITARDI. Variances
to the Zoning Ordinance, Articles: (a) XI, Section 100-119.2
as to insufficient setback from bank or bluff along the Long
Island Sound, and (b) III, Section lO0-31, Bulk Schedule, as
to insufficient frontyard setback from the front [southerly]
p~operty line along C.R. 48, in this proposal to construct
new single-family dwelling. Location of ProperTy: 56225
C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-44-01-22.
Page 2 Notice of Hearings
Regular Meeting April t4, 1988
Southold Town Board of Appeals
8:05 p.m. Appl. No. 3709 - EDWARD A. HANUS. (Recessea
from February 18, 1988 as agreed). Special Exception for
approval of Accessory Apartment within existing dwelling in
accordance with the requirements of Article III, Section
IO0-30BCl5). Location of Property: 635 Lupron Point Road,
Mattituck, NY; County Tax Map Parcel No. 1000-115-11-3.
8:15 p.m. Appl. No. 3715 BERNARD KIERNAN. Variance
to the Zoning Ordinance, Article XI, Section 100-119.2 for
permission to construct additions to dwelling and accessory
structure/s) within 75-feet of the ordinary highwater mark
along Southold Bay. Location of Property: 1605 North Parish
Drive, Southold, NY; County Tax Map Parcel No. 1000-71-1-15.
8:20 p.m. Appl. No.
to the Zoning Ordinance,
and Article III, Section
garage an additional two
under Appl. No. 3706 and
area at rear of dwelling
3722 MANFRED KUERNER. Variances
Article XI, Section 100-119.2
lO0-31, for permission to extend
feet from that previously granted
to construct additional living
with reduction Of nonconforming
sideyard at the north and south sides, insufficient total
sideyards, excessive lot coverage, and within 75 feet of
bulkhead along highwater of "Old Cove" [a/k/a Arshamomaque
Pond]. Location of Property: East Side of Carole Road,
Southold, NY, County Tax Map Parcel No. 1000-52-2-3.
8:30 p.m. Appl. No. 3687 JON C. KERBS. (Recessed
from March 17, 1988). Interpretation and, if necessary,
Variance under Article XI, Section 100-119.2 of the Zoning
Code, for permission to lo,ace building oursuant to
DEC Permit #10-86-0092 and Trustees Wetland Permit #373.
Location of Property: East Side of Narrow River Road,
Orient; County Tax Map Parcel No. 1000-27-2-5.
8:45 p.m. TARTAN OIL CORP.:
(a) Appl: No. 3633 - Special Exception uneer
Article VII, Section lO0-70(B) of the Zoning Code for
approval of the establishment of a partial self-service
gasoline station; and
(b) Appl. No. 3636 - Variance under Articles VI,
Section 100-62(B), VII, Section lO0-70(B) for an Interpreta-
tion of "retail shopping center" and for permission to
establish convenience store as an accessory to the existing
gasoline-service station.
Page 3 - Notice of Hearings
Regular Meeting April 14, 1988
Southold Town Board of Appeals
Location of Property: South Side of Main Road, West Side
of Marratooka Lane, and the East Side of Sun,et Avenue, Matti-
tuck, NY~ 1000-115-3-9. Zone: "B~I" General Business.
8:50 p.m. ~ppl. No. ~703 - JOH~ N_ AND_ EVELYN_ KEATING_.
Variance to the Zoning Ordinance, Article XI, Section 100-11§.2
for permission to construct new dwelling and garage with an
insufficient- setback from top of bluff or bank along the Long
Island. Location of Property: 19995 Soundview Avenue,
Southold~ NY; County Tax Map Parcel No. 1000-51-04-006.
9:00 p.m. Appl. No. 3710 THE COVE AT SOUTHOLD, INC.
(Continued from March 17, 1988).
The Board of Appeals will hear at said time and place
any and all representatives or persons desiring to be heard
~n each of the above matters. Each hearing will not start
before the time allotted. Written comments may be submitted
prior to the conclusion of the subject hearing. For more
information, please call 765-1809.
Dated: April l, 1988.
BY ORDER OF-THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
Linda Kowalski, Board Secretary
FORM NO~ :~ / ~"
TOWN OF SOUTItOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTIIOLD, N.Y.
NOTICE OF DISAPPROVAL,.~
File No ................................
.~o~...~..~. ~ ..... ~ .g~.. ~.~.
· ~ ~.. ~-.~., ././..~.~.2.
PLEASE TAKE NOTICE that your application dated ...~ ~.~.. ~ ...... 19 ~ 7..
lbr pemfit to const~ct.. ~ ' ~ .... ~
Location or Propertyl5,~..~O~~ ~... ~~.~. .............
Coumy Tax Map No, 1000 Section . .'.~ ~. ~ ..... Block .... ~ . ~. ..... Lot . . ~ .~ ........
Subdivision ................. Filed Map No ....... : ......... Lot No ..................
~. ~.-.~. ~,~ :~;~. ,'....~ (~., .... ~..~. ~ ......
..........................
Building Inspector
;sopproved o./c~
TOWN OF $OUTHOLD
BUILDING, DEPAP. TMENT
TOWN CLERK'S OFFICE
$OUTHO~.D, N. Y.
,4PPLICAT~GN FOR BUILDING PERMIT
~NSTRUCTIONS
~. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building Inspector, with
~ of plans, accurate plot plan to scale, Fee according to schedule.
~ Plot ptan showing focatJon of lot and of buildings on premtses, relationshio to adjoi.n_ing oremises or oublic streets or areas, and
;vlC~l a detailed description of layout of property must be drawn on diagram which is part of this application.
~-The work covered by this application may not be commenced before issuance of Building Permit,
d~dUpon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall De kept on
premises available for inspection throughout the work,
~>~!No building shail be occupied or used in whole or in part for any ourpose whatever until a Certificate of Occupancy ahal~ have been
~d by the ~uiiding mspector.
APPLICAT!ON ~S HEREBY MADt= fo the Building Depar~mem for the issuance of a Building Permit eursuanz ~o the Building Zone
dr~nce of the Town of SouthoJd, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of
ihijggs additions or alterations or for removal or demolition as herein described. The appl cant agrees to comply w th a Iapp icable aws
Ji~hces bud ng code, hous ng code. and regulations and to ad'nit author zed nspectors on pram see and n bud rigs for necessary nal~ect one
/Signature of applicaa~, or name, ~f a 6orporation)
¢L9 ..99~... ~o, uz~d~ie~.. ~~,z..e~e .........................
(Address of applicant)
hether app icant is owner. ~essee, agent, architect, engineer, general contractor, electrician, plumber or builder.
....................................................... g~..e.~ ................................................................................................................
owner of premises Johzz ~.. Keat;iz~
nt is a comorate, signature of duly authorized officer.
(Name and title of corporate officer)
Buildeds License No. N/A
Plumber's License No ........ ,~.,./.~. .........................................
Electrician's License No, ...]:[/,~, .........................................
)ther Trade's License No .......N-/.A ...................................
tion of land on which proposed work will be done. Map No .............. ~ .......................... Lot No ........... ~ .........
Number 19 99,5 8o~ctv±e~ ~vezz~e ..................
and .......................................................................................... ..............................
Municipality
existing use and occupancy of premises and intended use and occupancy of proposed construction:
×isting use a,d occupancy ....... ............. .........................................................................
ocea,anc ..... ...... ............... :':'":' .......
]tended
use
and
.~ . - Storage Sh -- '
3. Nature of work (check which appiicebie):~'~ 'w =uddmg ....................... e~dmon ..~ ............. Aiteretion
Repair ......................... Removal Demoi[don ........................ ~ ~ ~2 -
4. Estimated Cost 81~.00 ~ /¢ ~
............................................... Fee ,...Z.:
5 ~f dwelling, number of dwelling units ..... ~%.... Numar of dwe!~ing units on each fioo~ .........
If garage, number o~ ca~s ........................................... ~{~
8. If ousme~s, cummercmI or m~xed occuoancv, specify nature and extent of eech Woe of use ......
7. Dimensions of ~ ' ; * , t~.-~ Cron~ ....... ~ .........Rest ..... ~ ................. ~ '*'
Neigh ........................... ~.~ ............................ Numb~ ot Stories ................. ~
Dimensions of same structure whh alterations or addit~ons: Front ~5" Rear ...~
Depth ................. ~ ....................... Height ......... 2¢.: ......................... ' ¢- ¢ ~-'** .....
Dimensions of entire new construction: Front ....... ~Oi ........... Rear 4~
Height ................ ~.~ ............................. Number of Stories
S~ze of Iot: F~ont .............. ~,,dDOZ ..... Rear ............ ~ ........................ Depth .......... ~
Date of Purchase .......~ ............. Name of Forme~ Owne~ ......... ~.~¢~.,.~:¢~.~%.
Zone or use district in which premises are s~tuated ................~&&e~
12. Does proposed con~ructiou violate any zoning law, - ' ~ ~ ~
13. Wi~J~otberegraded~.~.~.~ ...... W~ excess fii~ be removed from omm~ses: [ ~ Yes ~] No ~/~
(Address)
Name ~f Arc, ,~ .e~t .................. ~,~
{Address) (Phone No.)
{Address} (Phone Noj
PLOT D~AGRAM
Locate C!eaf~V and distinctly ail building, whethe~ ex~st~ng or proposed, and ~nd cate a ! set-back d~mensions
property hnes, ~we st, eot and b~ock numbe~ or description 8cco~din~ to deed, and show street names and i~d~cate wheth-
er interior o~ corner ~ot.
.8.
STATE OF NEW YORK, ) ~
COUNTY OF ...................................................... )
.......................................................................................................... being duly sworn, deposes and says that he is the applicant above
/Name qf individual ~igning contract)
He is the
(Contractor, agent, corporate ojficer, etc. j
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and {ilo this app{ication;
statements conta~ne~his applica~n are t~ue to t~ best of his knowledge and balmf; and that the work wdl be performed ia the
.............................. ........ I // Y
- ~%c~---;~ ........... ( '~ ........................... ;'"'"~.:VJZ "/ .......................
TOWN OF SOUTHOLD, NEW YORK
APPEAL NO. 3 '~ ~
/11/B7
DATE ........................ . . ,
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We)..J..o...h..n.....&.....E..v...e..1.,¥..n..,..K..e.,a...t..i,..n..g. ............... of Ma±l/ Road
Name of Appellant Street and Number
Southold ...... ?..:.~2 ............. HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT ~J ..................................... DATED ..........N..o,v..,e.m..b...e..r..,..2.,:.....]..~9.,8.?. ......
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(X)
Rudolph Bruer A/c John & Evelyn Keating
Name of Applicant for permit
of Main Road, Southold, N.Y. 11971
Street and Number MunicipoJily State
PERMIT TO USE
PERMIT FOR OCCUPANCY
PERMIT TO CONSTRUCT
1 LOCATION OF THE PROPERTY 19995 Soundview Ave. , Southold "A"-Res/Agri
Street /Hamlet / Use District on Zoning Map
District 1000 Section051 Block04 Lot06 ~ 0wnerJOhn & Evelyn Keating
.................................................................................. uurrent
Map No. Lot No. Prior Owner
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 Ordi.nance.)
Article XI Section 100-119.2,
(X)
(
Art. 16 Sec. 280A Subsection 3
()
TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
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
4. PREVIOUS APPEAL A previous appeal (has) (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 ......................................................................
( )
(X)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that
there is an existing residence
of 20.2 feet from the Long Island Sound bluff.
remove this existing structure and build a 1700
garage with a 30 ft. setback.
on the subject property with a setback
Appellants wish to
sq. ft. house and
Form Z]3t (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practica] d~hcult[es or un'r~eCes-
sory:HARDSHIP becau~
The current zoning requirements create practical difficulty and
unnecessary hardship whenever preexisting, nonconforming structures
and substandar~ sized lots are improved. Appe.lanss~ existing
residence was built prior to April 23, 1957 and does not meet New York
State Building Code standards~ This residence requires such
substantial improvements that Appellants intend to reDiace it with new
construction. This proposed new residence will contain ' ~' ft
of area~ including a garage~ with a setback of no less cn~n 30 ~=e'
from the top of the bluff. The property zs sGaD±eo The toe of the
bluff is protected by wood buikheading and there is substantial
vegetation covering the bluff face~ The subject lot is approximately
1/2 acre (22~137 sq~ fto)~ however~ contains only D0~ × ~5;
(approximately) of Du~ldo. bte area as is shown on the survey~ The new
construction will be situate a ~-~ ~ - __
g~=aue~ distance from the ~op of the
bluff than the existing residence and will be located closely in ''~
with the residence on the adjacent property to the west~
2. The hardshipcreatedis UNiQUEand isnotshored by ail properties oii~ in the immedia~
vicinity of this property and in this use district because
The subject property is limited in size and buildable area. The
enactment of: the 75-foot setback requirement creates a unique hardship
because the existing structure is presently 20.2 feet from the top of
the bluff. In order t'o further protect the b!uff~ Appellants intend
to extend this setback to no less than 30 feet an~ to provide that
this area remain undisturbed. The new construction is proposed to be
situate in line with the residence on the adjoining property to the
west. This plan will both preserve Appellants~ view of the Sound and
create a consistent setback°
3. The Variance would observe the spirit Of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THEDISTRICT because
The requested variance would observe the spirit of the ordinance
because Appellants, by removing the existing structure with its
setback and increasing the setback for the proposed new construction
to 30',.are effectively lessening potential impact on the bluff.
Furthermore, the variance would not change the character of the
district because the present community consists of substantial
year-round residences° The neighboring residences along the Sound
were preexisting summer cottages which have now been converted to
year-round dwellings° The subject property is one of the few
remaining preexisting cottages which have yet to be converted°
STATE OF NEW YORK ) / ~:F;/ ~ /'//
COUNTY OF o~//:D'~'~ ss .......................~ignature
of
Sworn to this ................. ~ ........................day ......................................................19 ~
Notary Public
TOWIJ~I 01: SOUTHOLD PROPERTY
STREE'T. VILLAGE
R~CORD CARD
DtSTRICT,,,~.. _tSUB'
LOT
FOR~ N~ R.
.AND IMP.
Farm [ Acre
Tillable 1
Tillable 2
Tillable 3
Woodland
Swampland
VL. FARM
'TOTAL
BUILDING
'fo
Va ue Per
TYPE OF BUILDING
, ,, '4" (~. ,~-.~..~,/ ,
COMM. IND. CB. MISC.
DATE REMARKS
Value
Brushland
House Plot
Total
Extension
Extension
Extension
Breeze
Garoge
Foundation
Basement
Ext. Walls
Fire Place
Porch
~,,,,, Porch
Patio
Driveway
Floors
Interior Finish
Iqea,t
Attic
Rooms 1st Floor
Rooms 2nd Floor
/ iq ~7° 29' I0" £
I00.00'
SOUND VIEW
AREA = 22~137sqfL to
fie line.
NOTE~' ~$7~V~ ON~
STORY FR,4tdE HOUSE
TO 8E CONVERTED
TO C. ARitGE AND TO BE
RELOCATED AS ~HOJFN..
SURVEY OF
PROPERTY
A T SOUTHOLD
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
I000 -51 - 04 ~ 06
Scole 1' = 30'
Nov. 5~ 1987
Prep=md in cccordar~ce w~eh tho m[nlmum
CERTIFIED TO: ~Sa LLA. LS. ~nd =ppm~ed c~d ~dopte~
MAIN
SOUTHOLD~ N; Y. 1lgTI
t.Y.S. LIC. NO. 49668
& ENGINEERS, P.C.
87 - 892
DEPARTMENT OF PLANNING
OCOUNTY oF SUFFOLK
PATRICK (~. HALPIN
SUFFOLK COUNTY EXECUTIVE
360-5206
July 12, 1988
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County
Administrative Code, the following application(s) which have been referred to
the Suffolk County Planning Commission are considered to be a matter for local
determination. A decision of local determination should not be construed as
either an approval or a disapproval.
Applicant(s)
~John & Evelyn Keating
Cliff & Phil's Lobster House, Inc.
Municipal File Number(s)
3703
3726
Very truly yours,
Lee E. Koppelman
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
Southold Town Board of Appeals
MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICK[
Pursuant to Article XIII of the Suffolk County Charter, the
Board of Appeals of the Town of Southold, New York, hereby refers
the following to the Suffolk County Planning Commission:
×× Variance from the Zoning Code, Article ×z, Section 100-119.2A
Variance from Determination of Southold Town Building Inspector
Special Exception, Article , Section
Special Permit
Appeal No.: 3703 Applicant: John and Evelyn Keating
Location of Affected Land: 19995 Soundview Ave., Sou~hold,
County Tax Map Item No.: 1000- 51-4-6
Within 500 feet of:
Town or Village Boundary Line
NY
XX Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, State or Federally Owned Lan
Boundary of Existing or Proposed County, State or Federal Park or
Other Recreation Area
or
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,
Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport.
COMMENTS: Applicant is requesting permission to construct new
dwelling =nm ~=~= ~.7~eh an ~n~q~o~f ~¼~Ck ~rnm fn? nf bluff
Copies of Town file and related documents enclosed for your review.
Bated: JuZy 7, 1988
Southold Town Board of Appeals
MAIN ROAD- -~TATE RDAD 25 SnUTHI3LD, l.l., N.Y. 1}971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHA[RMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Patricia C. Moore, Esq.
Moore & Moore
Suite 3, Clause Commons, Box 23
Mattituck, New York 11952
July 6, 1988-
Re: Appeal No. 3703 - John and Evelyn Keating (Variance)
Dear Pat:
Transmitted herewith for your file and perusal is a copy
of the official findings and determination recently rendered
by the Board ~f Appeals, the original of which has this date
been filed with the Office of the Town Clerk.
Please be sure to return to the Building
issuance of any permits or other approvals in
be applicable.
Department for
writing as may
Please do
or that of the
questions.
not hesitate to call either our office (765-1809)
Building Inspector (765-1802) if you have any
Yours very truly,
GERARD P.
CHAIRMAN
Enclosure
Copy of Decision to:
Building Department By Linda
Suffolk County Planning Commission
GOEHRINGER
Kowalski
TRANSCRIPT OF HEARING
SOUTHOLD TOWN BOARD OF APPEALS
REGULAR MEETING OF
THURSDAY, APRIL 14, 1988
Appl. No. 3703
Applicant(s): John and Evelyn Keating
Location of Property: 19995 Soundview Avenue,
County Tax Map ID NO. 1000- 5]-4-006.
Southold
Board Members present: Chairman Goehringer P. Goehringer,
Members: Doyen, Douglass, Grigonis and Sawicki.
Also present were approximately 50 persons in the audience, and Linda
Kowalski, Secretary of Zoning Board of Appeals. (Building-
Department Administrator, Mr. kessard was absent.)
The Chairman opened the hearing at 9:35 o'clock p.m.
and read the legal notice of hearing and application for the
record.
CHAIRFuAN GOEHRINGER: I have a copy of a survey produced by Peconic
Surveyors and Engineers. The most recent date is November 5, 1987
indicating the proposed dwelling. And I have a copy of a plan indi-
cating the slope of the bluff and so on and so forth produced by
Ward Associates. The most reqent date is 3/88. And I have a copy
of the Suffolk County Tax Map t~dicating this and surrounding proper-
ties in the area. Would you like to be heard?
PAIRICIA C.
MRS./MOORE: I'd like to submit this reviSed house section because
of the amending of the application as requested. With your permis-
sion, I'll turn this around because it's easier from here. Mr. and
Mrs. Keating wish to demolish the existing house which is there and
it is an older hom~. Probably about 40 yearD old. Demolish that
house and rebuild a new home. The application as it was submitted,
would set back the house at 40 feet and the deck was going to be
built ten feet out to the 30 foot line. Mr. Keating wishes to amend
the application to reflect the construction of the house remaining
at 40 feet. However, there will be no deck. It will be a grade,
patio which I believe does not require the Board's approval. The
existing house is 21 feet from the top of the bluff and from this
cross section, I do have an engineer today from Ward Associates,
Mr. Wood,rd who will be here to testify as to the slope and the con-
struction. The slope is stabilized. It has vegetation on it and
it is bulkheaded at the toe. The construction will be in confor-
mity with the character of the neighborhood. The neighborhood along
Soundview Avenue is primarily year around residential which has been
approved one by one. This is really one of the few houses remaining
which are unimproved. The Keating hdme will be set back at 40 feet
as I said. The adjacent properties are located on the west at 25
feet and on the east at 42 feet. The~request that's been made is
a compromise between the two and actually set back further than what
would be permitted if Mr. Keating were to reconstruct the summer
bungalow, sun~ner home~ I'm not sure if it is a summer bungalow.
To reconstruct it and make it conform to code. We did receive a
letter from the Soil and Water Conservation District which supports
Page 2 - Thursday, Ap~l 14, 1988
· P~blic Hearing - Joh~d Evelyn Keating
Southold Zoning Board of Appeals
MRS. MOORE (continued):
the fact that this slope is stable, that the property is sloped
torwards the road so that there will be no roof runoff onto the
slope which will jeopardize the vegetation or the slope itself.
The new construction will be in accordance.with the code. You've
received various l~ters which discuss the~type of construction,
the depth of construction. It will meet all New York State safety,
energy and building code requirements which will certainly be better
than to improve if not heat the house that is currently at 21 feet.
The original request was to remove the existing house and make the
existing house, into a garage. That was again amended because the
Keatings are finding that to remove the house and move it as a
garage, would be very costly and it makes more sense to demolish
the house that is there with the most current revision, in a sense,
use the foundation as part of the terrace. We can not avoid the
variance and this request. We have to move back 100 feet from the
top of the bluff and the construction area, the building envelope
that would remain would only be 20 feet by 70 feet which is imprac-
tical to build. I would now~introduce Mr. Woodard who is from Ward
Associates to present testimony as to the.construction or any ques-
tions that you may have.
MR. WOODARD: I'm a licensed engineer. I'd like to submit to you
the house drawing which is the same with the extension of the patio
masonary instead of a timber deck. I think the setback difference
has been covered. The slope is about a one on two. It is covered
primarily with established vegetation. There is a three sided tim-
ber bulkhead at the toe of the slope. It looks about 15 or 20 years
old. It is slowed'.dow~ in one spot but it still has structural in-
tegrity to it. I would say there's no problem of instability of
the slope as the timber bulkhead stays at the toe of the slope. The
stability is indigent on the toe. It's in a reasonable area on the
beach. There's a lot of rocks. It's not mostly sand there. And
the general area looks fairly stable. S~bstituting the brick patio
aids the situation because you're not digging holes closer to the
bluff to put in posts and supporting a timber deck. That's one of
the reasons we're substituting a brick patio. The grade is away
from the slope so that if there's a failure on the slope like this,
usually the grade is toward the Sound which starts erosion which
gets larger. I would say probably ice damage and the Spring or Winter
storm, northwest storm would probably cause the most possibility of
damage. But like. I say,.the stability of the slope is contingent to
greatly maintaining the bulkhead at the toe O£ the slope.
CHAIRMAN GOEHRINGER: Thank you sir.
MRS. MOORE: If you have any questions, we'd be happy to try to an-
swer them.
CHAIRMAN GOEHRINGER: No. I think just for the ~ecord, in my opinion,
I think the removal of the deck has helped us understand the entire
project a little bit. It has helped me understand the project a lit-
tle bit better. And I have not a particular problem with it. We'll
see if any of the other Board members have any problems.
Page 3 - Thursday, April 14, 1988
· ~ P~blic Hearing - JOhn~d Evelyn Keating
Southold Zoning Board~f Appeals
MRS. MOORE: I would request ~hat the variance be granted.
CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would
like to speak in favor of this application? Anybody like to speak
against the application? Questions from Board members? Hearing
no further questions, I'll make a motion closing the hearing and
reserving decision until later.
All in favor - AYE.
WARn AS OCIATES P, C,
Landscape Architects, Architects, Engineers
April 11, 1988
Gerard P. Goerhringer, Chairman
Southold Town Board of Appeals
Main Road
Southold, New York 11971
Re: John and Evelyn Keating
Appl. No. 3703
Dear Mr. Goerhringer:
Enclosed please find a print of a longitudinal section of the Keating property,
Soundview Avenue, Southold. This section illustrates the existing topography
and the existing and proposed residence.
The Keatings wish to remove the existing cottage rather than renovate same, and
set the new house line setback from the bluff at approximately 40 feet allowing
for 10 foot of brick terrace, providing a 30 foot setback from the bluff in lieu
of the existing 21 foot setback.
It is my opinion that the proposed house will be adequately setback from the
bluff and that the existing stabilized slope anchored by the wood bulkhead at
the toe of the Sound beach will continue to provide protection of the top of
bluff as it exists, subject to maintaining the wood bulkhead.
Excavation for the basement is estimated to be approximately 5 foot lower than the
top of bluff and poses no undermining of the stabilized top of bluff condition. The
actual cut for basement at the 40 foot setback line is approximately 4 foot below
existing grade, since there is a slope back from the top of bluff. The brick terrace
proposed on the Sound side of the residence will be constructed on grade and set
back more than 30 foot from the top of bluff and will not effect the stabilized slope.
I trust this evaluation will answer the Board's questions and concerns regarding
the placement and construction of the proposed residence for Mr. & Mrs. Keating.
Thank you for your attention.
Very truly yours,
Randall Woodard, P.E.
RW:jm
encl.
1500 LAKELAND AVENUE, BOHEMIA, NEW YORK 11716-2146 (516)563-4S00
WN. LIAM D. MOORE
PATRIClA C. MOORE
MOORE & MOORE
ATTORNEYS AT LAW
SUITE 3 CLAUSE COMMONS
MAiN ROAD P.O. BOX 23
MATTiTUCK, NEW YORK 119S2
(516} 298-5674
April 4, 1988
Zoning Board of Appeals
Southold Town Hall
Main Road
Southold, N.Y. 11971
Attn: Linda Kowalski
Re: John & Evelyn Keating
Dear Linda:
In accordance with our telephone conversation the board requested
the following information:
1. The board requested that the high water mark be shown on the
survey? Enclosed please find survey showing ordinary high
water mark.
2. What area will be disturbed? Nothing will be disturbed
within the setback from the Bluff. The existing residence,
which consists of a porch and main dwelling located at 21.1
feet from Bluff, will be removed. The new structure will
begin at 30 feet (deck of approximately 10-15 feet and
actual dwelling to begin at 40 to 45 feet from top of
Bluff). The deck will be built on piers at grade, the
actual dwelling will be built on a basement foundation.
3. Will a basement be dug into ground? The basement will
consist of a standard basement a maximum of 8 feet into
ground. However, due to the natural slope of the property
the foundation will be 6 to 8 feet on the Bluff side and 3
to 4 feet on the front (street) side.
4. Enclosed please find a letter and longitudinal section of
subject property from Mr. Woodard regarding the stability of
the Bluff and your questions regarding depth of
construction.
Thank you in advance for your cooperation in this matter.
~uly yours,
('~-~tricia C. Moore
PCM:er
encls.
cc:Mr.
& Mrs.
Keating
DocId:040488.6
WARD ASSOCIATES I=. C. Le,d,c,pe Architects, Architects, Engineers
March 23, 1988
Gerard P. Goerhringer, Chairman
Southold Town Board of Appeals
Main Road
Southold, New York 11971
Re: John and Evelyn Keating
Appl. No. 3703
Dear Mr. Goehringer:
Enclosed please find a print of a longitudinal section of the Keating property,
Soundview Avenue, Southold. This section illustrates the existing topography
and the existing and proposed residence.
The Keatings wish to remove the existing cottage rather than renovate same, and
set the new house line setback from the bluff at approximately 45 feet allowing
for 15 or 16 foot of deck, providing a 30 foot setback from the bluff in lieu of
the existing 21 foot.
It is my opinion that the proposed house will be adequately setback from the
bluff and that the existing stabilized slope anchored by the wood bulkhead at
the toe of the Sound beach will continue to provide protection of the top of
bluff as it exists, subject to maintaining the wood bulkhead.
Excavation for the basement is estimated to be approximately 5 foot lower than the
top of bluff and poses no undermining of the stabilized top of bluff condition. The
actual cut for basement at the 45 foot setback line is approximately 4 foot below
existing grade, since there is a slope back from the top of bluff. The wood deck
proposed on the Sound side of the residence will be supported by individual 12 inch
diameter by 3 foot deep piers approximately 8 foot on center, and set back more than
30 foot from the top of bluff and will not effect the stabilized slope.
I trust this evaluation will answer the Board's questions and concerns regarding
the placement and construction of the proposed residence for Mr. & Mrs. Keating.
Thank you for your attention.
Very truly yours,
Randall Woodard, P.E.
RW:jm
encl.
uJ rn
100 FT,
I EXIST. RESIDENCE
FiN. FLOOR EL. 48'~ ~ ~ JL --
45 2 FT.
EL, 44'
EL. ~
'Southold Town Board of Appeals
MAIN RDAID- STATE: RDAD 25 .cIOUTHDLD, L.I., N.Y. 11c371
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS-
April 14, 1988
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR. S .E .Q .R.A.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION
JOSEPH H. SAWlCKI Notice of Determination of Non-Significanc~
APPEAL NO.: 3703
PROJECT NAME: JOHN AND EVELYN KEATING
This notice is issued pursuant to ~art 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.
This board determines the within project not to have a signifi-
cant adverse_effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: ~ ] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACT!ON:construc~ new dwelling and garage with
an insufficient setback from top of bluff along L.I. Sound
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 19995 Soundview Awe., Southold, NY.
1000-51-04-006
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief requested is a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA.
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802.
Copies of this notice sent to t~e applicant or his agent and posted
on the Town Clerk Bulletin Board.
(3) Information has been submitted'by applicant or his agent'in-.
dicating that the project will not involve the disturbance of wetlands
grasses or areas subject to flooding which may be considered wetlands.
mc
leffe~tsP. EOSON(~eti~ed)
~UDOLPHH. BRU~R
February 8, 1988
Gerard P. Goehringer, Chairman
Southold Town Zoning Board of Appeals
Town Hall
Main Road
Southold, New York 11971
Re: Appeal No. 3703-John and Evelyn Keating
Dear Mr. Goehringer:
With respect to your letter of December 31, 1987 (copy enclosed , we
respond as follows to your requests:
(a) It is proposed that there be 7 ft. headroom for the foundation and
that the height of the proposed new construction not exceed code
restrictions;
(b) the existing dwelling and accessory building(s) will be
demolished;
(c) the setbacks of dwellings on
closest points of the top of the
westerly line (Poey) 25 feet, (2)
(Litras) 42 feet;
the abutting properties from the
bluff are: (1) property abutting
property abutting easterly line
(d) the proposed outside corners of the new construction have been set
with brick markers;
(e) photographs (5) of the property are enclosed.
We await your confirmation of a scheduled hearing on this application.
Sincere/~,
RHB/df
Encs.
cc: Mr. and Mrs. John F. Keating
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, *JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. llC:J'71
TELEPHONE (516) 765 1809
December 31, 1987
Patricia C. Moore,
Edson & Bruer
Main Road
Southold, NY 11971
Esq.
Re: Appl. No. 3703 - John and Evelyn Keating
Dear Pat:
This letter will acknowledge receipt of the above
application. The Board Members will be conducting
inspections and reviews as required by State and local
laws prior to the hearing of this matter.
The public hearing is expected to be scheduled
for our February calendar and confirmation will be made
to you by way of a copy of the Legal Notice of Hearings
as published in the Long Island Traveler-Watchman and
Suffolk Times.
of
It is requested that in the interim, you:
(a) confirm the type of foundation and height
the proposed new construction;
(b) confirm whether the existing dwelling and
accessory building(s) will be demolished, renovated,
relocated, etc.
(c) furnish, if possible, the setbacks of dwellings
on the abutting properties from the closest points of
the top of the bluff;
(d) flag all outside corners of proposed new
construction.
Page 2 - Appl. No. 3703
Matter of JOHN AND EVEYLN KEATING
To: Patricia C. Moore, Esq.
December 31, 1987
(e) furnish recent photographs of the slope and the
area within 100 feet of the bluff, under consideration.
Happy New Year to All!
Yours very truly,
GERARD P. GOEHRINGER
By'-~[i~nda Kowalski
Enclosure (Receipt)
COUNTY OF SUFFOLK
Patrick C. Ualpin
SUFFOLK COUNTY EXECUTIVE
SOIL AND WATER CONSERVATION DISTRICT
Ja~,mry 14, 1988
STANLEY A. PAUZER
DISTRICT MANAGER
lit. Gerard P. Goehringer, ~airman
Southold Town Board of Appeals
Main Road
Southold, New York 11971
Dear Mr. Geehringer:
Regarding your request for our asses~nent of Appl. No. 3703 - John and Evelyn
Keating, please be advised that a site inspection was conducted on January 12,
1988.
During the inspection it was noted that the lot slopes to,yard Soundview Avenue
and not rowe.rd the bluff. This eliminates storm water surface runoff from
flowing down the bluff face which could cause severe soil erosion.
Soils on the site are mapped as Plymouth loanry sand with 3 - 8 percent slopes.
This soil has few or no limitations regarding homesites or sewage disposal fields;
however, the subsoil of Plymouth loamy sa~nd is rapidly permeable and could be a
pollution hazard to wells or surface water bodies. Therefore, proposed on-site
septic systems should be located toward the southern end of the lot.
An evaluation of the bluff face and toe area could not adequately be assessed
due to snow cover and lack of accessibility. However, it appeared that the bluff
toe was stabilized with a bulkhead and that the bluff face vegetation consisted
predominately of annual weeds. Along the eastern side o£ the lot the bluff face
appeared excessively steep and scme recession of the bluff ceuld be expected in
this area. This could cause the "building envelope" to be closer to the top of
the bluff than what it would be presently.
Upon your request our office could m3re accurately investigate this sitoation
when conditions are more favorable. I hope the information supplied thus far
will be beneficial to you.
Sincerely, . _ g ~
~on ~
p~ior District Technician
P, Jve~l~L N~ Yollt ' 1 lg01
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 ~:OUTHOLD, L.I., N.Y. llC_:_:J'71
TELEPHONE (516) 765-1809
December 31, 1987
Mr. Stanley A. Pauzer, District Manager
Suffolk County Soil & Water Conservation
Peconic Plaza Route 58
164 Old Country Road
Riverhead, NY 11901
District
Re: Appl. No. 3703 John and Evelyn Keating
Location of Property: N/s Soundview Ave, Southold
Dear Mr. Pauzer:
We presently have an application pending in which the
property owner proposes to establish a 68' wide by 87'
deep "building envelope" for residential purposes, the
closest point of which is shown to be at 30 feet from
the top of the bluff along the Long Island Sound, Southold.
There is a one-story frame dwelling structure and
accessory building(s) existing at.the site, and we are
awaiting confirmation as to whether these buildings will
be demolished, relocated, or removed entirely.
May we ask your assessment of this project? The
public hearing is expected for the second Thursday in
February 1988.
Enclosed for your file are copies of the Suffolk
County Tax Map, sketched survey with notations, and
assessors card/photo of the dwelling.
Thank you for your time and assistance. Please feel
free to contact us if you have any questions about the
property.
Respectfully submitted,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosures By Linda Kowalski
HENRY P. SMITH, President
JOHN M. BREDEMEYER, Vice-Pres.
PHILLIP J. GOUBEAUD
ALBERT KRUPSK[, JR.
ELLEN M. LARSEN
TELEPHONE
(516) 765-1892
BOARD OF fl'O~;N TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
October 30, 1987
Patricia C. Moore, Attorney
Edson & Bruer
Main Road, Box 1466
Southold, New York 11971
Re: John Keating - 1000-51-4-6
Dear Mrs. Moore:
The following action was taken by the Board of Town Trustees during
their regular meeting held on October 29, 1987 regarding the above matter.
RESOLVED that the Southold Town Trustees declare itself lead
agency in regard to the State Environmental Quality Review Act
in the matter of the application of Patricia C. Moore on behalf of
John Keating for a
Wetland Permit on certain property located on Soundview Avenue,
Southold.
Very truly yours,
Henry P. Smith, President
Board of Town Trustees
HPS: IP
cc: Commissioner Thomas C. Jorling, D.E.C. , Albany
Robert A. Greene, D.E.C., Stony Brook
Stephen Mars, Army Corps of Engineers
Thomas Hart, Coastal Management
John Holzapfel, Chairman, Southold Town C.A.C.
Victor Lessard, Admin., Building Dept.
Planning Board
Board of Appeals
file
PLEASE HAVE THE PROPERTY PROPERLY INSPECTED PRIOR TO NOVEMBER 18, 1987.
~ ~*ND ~ SOUN
~ N BT" zg' I0" £
?top,
I00.00'
SOUND VIEW
SUR.VEY OF
PROPER TY
A T SQUTHQLD
TQWN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
I000 - 51 - 04 - 06
Scale I" = 30'
Nov. 5, 1987
CERTIFIED TO'
JOHN KE,4 TIN6
far s~:~ :,;c ~:y The F~w York ~.I=te Land
lille A~sac~Jon.
SOU ~ 9 71
87 - $9~
HENRY P. SMITH, President
JOHN M. BREDEMEYER, Vice-Pres.
PHILLIP J. GOUBEAUD
ALBERT KRUPSKI, JR.
ELLEN M. LARSEN
TELEPHONE
(516) 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
November 25, 1987
Patricia C. Moore, Attorney
Edson & Bruer
Main Road, Box 1466
Southold, New York 11971
Re: John Keating - 1000-51-4-6
Dear Mrs. Moore:
The following actions were taken by the Board of Town Trustees during
their regular meeting held on November 24, 1987 regarding the above captioned
matter.
RESOLVED that the Southold Town Trustees RESCIND the Lead Agency
Declaration declared on the application of Patricia C. Moore on behalf of
John Keating for a wetland permit on property located on Soundview Avenue,
Southold.
After an on site inspection of the property the Trustees have determined
that they have no jurisdiction in this matter.
Very truly yours,
Board of Town Trustees
HPS :ip
cc: Commissioner Thomas C. $orling, D.E.C., Albany
Robert A. Greene, D.E.C., Stony Brook
Stephen Mars, Army Corps of Engineers
Thomas Hart, Coastal Management
John Holzapfet, Chairman, Southold Town C.A.C.
Victor Lessard, Admin., Building Dept.
Planning Board
Board of Appeals
file
Rou~ ~ ~t eal~ ~ B ~13~ eS~ iO~ ,E r~vj %1%n,r n i[r ~ t,81 ~erYa,tlon
om 219, Stony Brook, NY 11794 /~/~/~7
baS.
A review has been made of~your roposal to- R~ 0. .~ r~
s' 91 _
of Environmental Conservation has determined that the parcel
~ 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.
Landward of the topographic crest of a bluff, cliff or dune which is
greater than 10' in elevation above mean sea level.
Listed in Part 661.5 of 6NYCRR (Tidal Wetlands Land Use Regulations)
as a use not requiring a permit or notification letter of approval.
d 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,
/.
Deput~ Regional Permit Administrator
December 14, 1987
Southold Town Zoning Board of Appeals
Town Hall
Main Road
Southold, N.Y. 11971
Att: Linda Kowalski
Re: Keating, John & Evelyn
SCTM #1000-051-04-06
Dear Linda:
Enclosed please find:
1. Appeal application in triplicate
2. Copy of survey - Please disregard "proposed location of converted
house". Appellant will not convert existing structure into a garage
as originally applied for to the Building Department.
3. Notice of Disapproval
4. Notice to adjoining property owners, with certified mailing
receipts attached.
5. ZBA questionnaire
6. Short EAF
7. Certificate of Occupancy #z 4972
8. Letter of no-jurisdiction from the Town Trustees
9. D.E.C. determination of no jurisdiction.
10. Our check in the sum of $150.00 in payment of your application
filing fee.
Please review the above in order that we may file with the Town
Clerk's Office.
Very t.ruly yours,
~-P'atricia C.- Moore ....
PCS/DF
Encs.
cc: Mr. and Mrs. John Keating
the Town of Southold, the
following hearings will be held
~~lhm86otho~d ~ ing. Location of Property:
Town Wall, "Main Road, -q~_~ C.R. 48, Greenport. NY;
Southold, ~ on ~ County Tax Map Parcel No.
APRIL 14, 1988 at the follow-
lng times:
7:35 p.m. AppL No. 3719-
BANK. Variance to the Zonin~
Ordinance, Article VI, Section
I~O-~0 (C) [2] (a) for permission
to erect an on-premises building
identification sip, the lower
~dge of which will be less than
four feet above ~'onnd. Loca-
tion of Property: i400 Railroad
(Youngs) Avenue, Southold. NY;
County Tax Map Parcels Nos.
1000-60-2-L4 (j~-v. 10.2 &
7:35 p.m. Appl. No. 3716-
~DRON, JR.
dinance, Article XI, Section
100-119.2 for permission to con-
struct deck addition at r~ar of
existing dwelling which is less
than 75 feet from the mean
highwater mark along dredged
canal at James Creek, Mat-
tituck. Location of Property:
2980 Ole Jule Lane, Mattituck,
NY~ County Tax Map P~'cl No.
1000-122-4-17.
/:40 p.m. Appl. NO. 357)-
.ROSA J. HODOSON.
Variances to the Zoning Or-
dinance, Article 111, Section
100-31. Bulk Schedule, for ap-
proval of the insufficient area
and width of parce~ to be set-off
in this pending division of land.
· Location of Property:. North
Side of Pine Neck Road,
Southold, NY; County Tax Map
Parcel No. 1000-70-6-33. Con-
raining 7,152 acres total.
7:50 p.m. AppL No. 3?07-
JOSEPH F. CITARDI.
Variances to the Zoning Or-
dinance, Articles: (a) XI, Section
100-119.2 as to insufficient set-
back from b~nk or bluff along
the Long Island Sound, and Co)
111, Section 100-31, Bulk
Schedule, as to insufficient
frontyard sctbeck from the front
[southerly] property line along
C.R. 48, in this proposal to con-
struct new single-family dwell-
1000-44-01-22.
8:05 p.m. AppL No. 3709-
]~DWARD A. HANUS. (R~ess-
ed from February 18, 1988, as
agreed). Special Exception for
approval of Accessory Apart-
ment within ealstin~ dwelling in
accordance with the re-
quirements of Article I11, Sec-
tion 100-30B(15). Location of
Property: 635 Lupton Point
Road, Mattituck, NY; County
Tax Map Parcel No.
1000-115-11-3.
8:15 p.m. Appl. No. 3715-
BERNARD KIERNAN.
Va?lance ~
dinence, Article XI, Section
100-119.2 for permission to con-
struct additions to dwelling and
accessory structure(s) within 75
feet of the ordinary hishwater
mark along SouthoId Bay. Loca-
tion of Property: 1605 North
Parish Drip, Southold, N~
County Tax Map Parcel No.
1000-71-1-15.
8:20 p.m. AppL No. 3722-
_..D K E NER.
variances to the Zoning C*r-
dinanc, e, Article XI, Section
100-119.2 and Article I11, Sec-
tion 100-31, for permission to
e~tend garage an additional two
feet from that previously
granted under AppL No. 3706
and to construct additional liv-
ins area at rear of dwelling wi?h
~duction of nonconforming
sldeyard at the north and south
sides, insufficient total
sideyards, excessive lot coverage,
and within 75 feet of bulkhead
along highwater of "Old Cove"
[n/k/a Arshamomaque Pond].
Location of Property: East Side
of Carole Road, Southold, NY;
County Tax Map Parcel No.
1000-52-2-3.
8:30 p.m. Appl. No. 3687-
JON C. KERB.~ (R~ecessed from
March 17, 1988). Interpretation
nnd, if necessary, Variance
under Article XI, Section
100-119.2 of the Zoning Code,
for permission to locale buildin~
pursuant to DEC Permit No.
10-86-0092 and Trustees
Wetland Permit No. 373. Loca-
tion of Property: East Side of
Narrow Rivm' Road, Orient. NY;,
County Tax Map Parcel No.
1000-27-2-5.
8:45 p.m. ,TARTAN OIL.
CORP.:
(a) Appl. NO. 3633- Special
Exception under Article VII,
Section 100-70(B) of the Zoning
Code for approval of the
establishment of a partial self-
service gasoline station; and
(b) Appl. No 3636- Variance
under Articles VI, Section
100-62(B), Vii, Section
100-70(B) for an Interpt~ation
of "retail shopping center" and
for .permission to establish con-
vemence store a~ an n,-~_ _~,ory to
the existing gasoline-service
station.
Location of Property: South
Side of Main Road, West Side
of Marratooka Lane. and the ~
East Side of Sunset Avenue,
Mattituck. NY, 1000-115-~-9.
Zone: "B-I" General Business.
8:50 p.m. AppL No. 3','03-
.*.ND EVELY?!
in~ Ordinance, Article XI, ~
tion 100-119.2 for D~nission to
construct new dwellin~ ~nd;
garage with an insufficient sct.
from top of bluff or ~
along the Long lslnnd
Location of Property:
1000-51-04=006. ....
~00 p.m. AppL No. g'~0-
TH~ COVE AT SOUTHO~.~
INC, (Continued from Mar~'h
17, 198S).
The BmLrd of Appeals ~
hear at said time and place all
~ep~"~antative~ or persons d~r-
lng to be heard in ench of the
ted. Written comment~ my be
submitted prior to the conclu-
sion of the subject being. For
more information, please call
765-1809.
Dated: April 1, 1988
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINOER,
CHAIRMAN
Linda Kowalskt,
IT-4/7/88(59)
COUNTY OF SUFFOLK
STATEOFNEW YORK
ss:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Troweler-Watchman
once each week for .................... ./. ..... weeks
successively, commencing on the .......... .~. ..........
d~ o.~.....~ ...... ,~9..r..~.
Sworn to before me this / day of
Notary Public
~ at a Regular Meeting at
the Southold Town Hall, Main
Road, Southold, New York, on
/THURSDAY. APRIl. 14. 198R at
the following times:
7:30 p.m. Appl. No. 3719 -
SOUTHOLD SAVINGS BANK.
Variance to the Zoning Ordinance,
Ardcle VI, Secti~ 1OO-60(C)[2](a)
1i for Punnission to erect an on-
% premises building identif cation
· ~ign, thc lower edge of which wiB
~e less than four feet above
~,~round. Location of Property:
~.1400 Railroad (Youngs) Avenue,
) ~Southuld, NY; County Tax Map
~' Parcel Nds. 1000-60-2-10.4 (prey.
10.2 & 10.3).
7:35 p.m. Appl. No, 3716 -
ROBERT E. WALDRON. JR.
Variance to the Zoning Ordinance,
Article XI, Section 100-119.2 for
permission to construct deck ed-
dition at rear of existing dwelling
which is less than 75 feet from the
mean highwater mark along
dredged canal at James Creek,
Mattituck. Location of Proper:y:
2980 Ole Ju]e Lane, Mattitock,
NY; County Tax Map Parcel No.
1000-122-4-17.
7:40 p.m. Appl. No. 3575 -
ROSA L HODGSON. Variances to
the Zoning Ordinance, Article Ill,
Section 100-31, Bulk Schedule, for
approval of the insufficient area
and width of parcel to be set-off in
this pending division of land,
Location of Property: North Side
of Pine Neck Road, Sonthold, NY;
County Tax Map Parcel No. 1000-
70-6-33. Containing 7.152 acres
total.
7:50 p.m. Appl. No. 3707 -
the Zoning Ordinance, Articles:
(a) XI, Section 100-119.2 as to
insufficient setback from bank or
bluff along the Long Island Sound,
and Co) 1~, Section 100-31, Bulk
Schedule, as to insufficient
frontyard setback from the front
[southerly] property line among
C.R. 48. in this proposal to
construct new single-family
dwelling. Location of Property:
56225 C.R. 48, Greenpon, NY;
County Tax Map Parcel No. 1000-
44-01-22.
8:05 p.m. AppI. No. 3709 -
F. DWARD A. HAN~I~ (Recessed
from Fchma~y 18, 1988 as agreed).
Special Exception for approval of
Accessory Apartment within
existing dweilin8 in accordance
with the requirements of Article
II1, Section 100-30B(15).
Location of Prope~y: 635 Lupton
Point Road, Mattituck, N Y;
County Tax Map Parcel No. 1000-
115-11-3.
8:15 p.m. Appl. No. 3715 -
See Legals, next page
March 17, 1988). Interpretation
and! if necessary, Variance under
t ' ~g. e, for permission
~m°ciate..~uildmg pursuant to DEC
t ~q0-86-0092 and Trustee
Wetland Permit #373. I-~X:atiun ~
~P~veP~rnaY~..=E~t. Side of Narrow
"~'=, orient; County Tax
to the existing gasoline-service
station.
Location of Property:
Side of Main Road, West South
Side of
oMfarratooka Lane, and the East Side
SUnset Avenue, Matt~tuck, NY,
1000-115.3.9. Zone: "B-I"
Genera/ BUSiness.
tot. n--.ffiulent Appl
Co~tu ~.- ~;' eouthold, NY. m~ a° , ~ /~fi~; md / bi.it ~ ' "5. *--
¢. ~ ~ '~ ~ap Pa~l No :~' ~/ ~. ~o. 3636 . v.~ / ~;--- or oank al~. t~. ,-_
. An eles ~, Se ' ~d. ~ahon
~' ae~ssed from Shopping center,,°l retail a~el No. l~.~t[ Tax Map
conv~i~ce s+~ e s t a b I i s h ~V~-'a w~P~;~
a~h 17, 1988)
~e Board of A~s ~11 he~r
at s~d ~e ~d pla~ any ~d ~l
to be heard ~ each of ~e a~ve
matters. Each hoa~n wffi
day ov
Sworn to b~e~ore mq this ~ -~
daY ot~__ 19~ :,,
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH R. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time and date
of the public hearing concerning your recent application is
a copy of the Legal Notice as published in the L.I. Traveler-
Watchman, Inc. and Suffolk Weekly Times, Inc.
Someone should appear in your behalf during the public
hearing in the event there are questions from board members
or persons in the audience. Please be assured that your
public hearing will not start before the time allotted in
the Legal Notice.
If you have any questions, please feel free to call
our office, 765-1809.
Yours very truly_.. ~
GfRA~D P. 'GOEHR~'NGER ~
CHAIRMAN
Enclosure
Linda Kowalski
Secretary and Board Clerk
Page 4 Legal Notice
Regular Meeting - April 14, 1988
Southold Town Board of Appeals
Copies to the following on or about 4/4/88:
Suffolk Times, Inc.
L.I. Traveler-Watchman, Inc.
Individual Board Members(with copies
Town Clerk's Bulletin Board
of file)
Bruer & Lark, Main Road, Box 1059, Southold, NY 11971
as Attorneys for Southold Savin§s Bank
Mr. Robert E. Waldron, Jr., 2980 Ole Jule Lane, Mattituck, NY 11952
Mr. Garrett A. Strang, R.A. as Agent for Mrs. Rosa Hodgson
P.O. Box 1412, Southold, NY 11971
Mr. Harold Conroy, Lighthouse Lane, 'Southold, NY 11971
Peconic Associates, Inc., One Bootleg Alley, Box 672,
Greenport, NY 11944
Charles R. Cuddy, Esq., 180 Old Country Road, Box 1547, Riverhead,
NY 11901, as Attorney for Mr. and Mrs. Edward A. Hanus
Mr. Sam Ganshaw, Lupton Point Road, Mattituck, NY 11952
Mr. and Mrs. Jack Drobet, Box 965, Mattituck, NY 11952
Abigail A. Wickham, Esq. (Attn.: Joyce Steiner) in behalf of
Mr. Joseph R. Corso
Mr. Joseph R. Corso, 750 Lupton Point Road, Mattituck, NY 11952
Mr. and Mrs. Edward A. Hanus, 635 Lupton Point Road, Mattituck,
NY 11952
Mr. Garrett A. Strang, R.A. as Agent for Mr. Bernard Kiernan
P.O. Box 1412, Southold, NY 11971
Patricia C. Moore, Esq., Moore & Moore, Box 23, Mattituck, NY 11952
as Attorneys for Manfred Kuerner and John & Evelyn Keating
Stephen R. Angel, Esq. as Attorney for Jon C. Kerbs
108 East Main Street, Box 279, Riverhead, NY 11901
Mr. Jon C. Kerbs, Box 525, Greenport, NY 11944
Catriona Glazebrook, Esq., Twomey, Latham, Shea & Kelley
33 West Second Street, Box 398, Riverhead, NY 11901
William D. Moore, Esq., Moore & Moore, Box 23, Mattituck, NY 11952
as Attorney for Tartan Oil Corp.
Mr. and Mrs. Gregory Ofrias, Sunset Avenue, Mattituck, NY 11952
Mr. Wilbur Klatsky, The Cove at Southold, 5044 Expressway
Ronkonkoma, NY 11779
Mr. John Bredemeyer, President, Town Trustees Office
Drive
South,
IUDITH T. TERRY
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
December !4, 1987
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1801
TO:
FROM:
Southold Town Zoning Board of Appeals
Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3703 , application of John & Evelyn
Keating for a variance. Also included in notification to adjacent property
owners; Short Environmental Assessment Form; Letter relative to N.Y.S.
Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department;
survey of property; and any other attachments relative to this application.
Judith T. Terry
Southold Town Clerk
TOWN OF $OUTHOLD, NEW Y~K
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. ~ ? c,
DA.ri: 12/11/87
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) John & Evelyn Keating ~z Main Road
Name of Appellant Street and Number
Southold N.Y.
......................................................................................................................... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD, OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT I~(~. DATED November 2, 1987
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(X)
Rudolph Bruer A/c John & Evelyn Keating
Name of Applicant for permit
of Main Road, Southold, N.Y. 11971
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
PERMIT TO CONSTRUCT
1. LOCATION OF THE PROPERTY 19995 Soundview Ave., Southold "A"-Res/Agri
Street /Hamlet / Use District on Zoning Mop
Distrfct 1000 Secti0n051 B]0ck04 L0t06 0wnerJohn & Evelyn Keating
.................................................................................. Current
Map No. Lot No. Prior Owner
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 xI Section 100-119.2,
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(X) 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 (has) (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 mode in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
) A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
)
,s requested for the reason that
there is an existing residence on
of 20.2 feet
remove
garage
the subject property with a
setback
from the Long Island Sound bluff. Appellants wish to
this existing structure and build a 1700 sq. ft. house and
with a 30 ft. setback.
l~orm ZBI
(Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunn~es-
sary HARDSHIP becau~
The current zoning requirements create practical difficulty and
unnecessary hardship whenever preexisting, nonconforming structures
and substandard sized lots are improved. Appellants' existing
residence was built prior to April 23, 1957 and does not meet New York
State Building Code standards. This residence requires such
substantial improvements that Appellants intend to replace it with new
construction. This proposed new residence will contain 1700 sq. ft.
of area, including a garage, with a setback of no less than 30 feet
from the top of the bluff. The property is stable. The toe of the
bluff is protected by wood bulkheading and there is substantial
vegetation covering the bluff face. The subject lot is approximately
1/2 acre (22,137 sq. ft.), however, contains only 90' X 65'
(approximately) of buildable area as is shown on the survey. The new
construction will be situate a greater distance from the top of the
bluff than the existing residence and will be located closely in line
with the residence on the adjacent property to the west.
2. The hardshipcreotedis UNIQUE andisnotshared by all prope~ies alike in the immediate
vicinity ofthis property and in this use district because
The subject property is limited in size and buildable area. The
enactment of the 75-foot setback requirement creates a unique hardship
because the existing structure is presently 20.2 feet from the top of
the bluff. In order to further protect the bluff, Appellants intend
to extend this setback to no less than 30 feet and to provide that
this area remain undisturbed. The new construction is proposed to be
situate in line with the residence on the adjoining property to the
west. This plan will both preserve Appellants' view of the Sound and
create a consistent setback.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
The requested variance would observe the spirit of the ordinance
because Appellants, by removing the existing structure with its 20.2'
setback and increasing the setback for the proposed new construction
to 30', are effectively lessening potential impact on the bluff.
Furthermore, the variance would not change the character of the
district because the present community consists of substantial
year-round residences. The neighboring residences along the Sound
were preexisting summer cottages which have now been converted to
year-round dwellings. The subject property is one of the few
remaining preexisting cottages which have yet to be converted.
) ss
COUNTY OF o~,~dc l<') Sig~ture
Sworn to this ................. /-/. ........................ day of ...................................................... 19
BOARD OF APPEALS, TOWN OF SOI,~THOLD
In the Matter of the Petition of
JCI{N & EVELYN KEATING
to the Board of Appeals of the Town of Southold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. Tha~L~th~ntention of the undersigned to petition the Board of Appeals of the Town of Southold
to request ~_~Vari~pecial Exception) (Special Permit) (Othe:) [¢1:cle choioe]
).
2. That the ~rt~oWu~h~:~h~bn~ect oL~h~oe[i~ o~i.s~l.ocated ad acent to your ~rty and is d~-
cribed ~ fo ows: , ,
~ffo~ ~ty T~ ~p desi~tion:1000-51-04-06 ~
3. That the property which is the subject of such Petition is located in the following zoning district:
"A" Residential/Ac~icultural
4. That by such Petition, the undersigned will request the following relief: ~m~ssion to r~ove
existing structure and build new residence.
$. That the provisions of the Southold Town Zonin. g Code applicable to the relief sought by the under-
si~ned are Article XI Section 100 119.2
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there
examine the same during regular office hours· (516) ?65-3.803.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearilll in the Saffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town ef Southold and deSignated for the publication of such noticeS; that you or your repreSentative have the
rilht tO apPea~ and be heard at sUch hearing.
Patricia C. Moore, Esq., for Petitioners
Petitioner
Owners'Names: ~o~ ~e~t±n~r
Post Office AddreSs
Main Roadr P.O. Box 1466
Southold, N.Y. 11971
Tel. No. ( 516 ) 765-1222
[Copy of sketch or plan showing
purposes.]
convenience
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
Cortland Poey
Mr. and Mrs. John Litras
33 Washington Avenue
Glen Head, N.Y. 51545
9 Farmhollow Ct.
East Northport, N.Y.
11731
P
Cortl
PS$~m~rk OI
950 663
~'~TIFIED MAIL
ee
Spec~at Oehvery Fee
Restricted Detive~y Fee
7
STATE OF NEW YORK )
COUNTY OFSUFFOLK)
SS.;
,e'~,.,/,~ ~/~7-~_~ , residing at ~~/d~' ~J~/ ~ ,
~J~ ~ ~ . being dul~ sWor~deposes and ~ys that on the /~ day
of , ~~ / , 19 ~ , deponent mailed a true copy of the Notice ~t forth on the re-
v~ side hereof, directed to each of the above-named persons at the addres~s set Opposite thor resp~tive
name; that the addresses set opposite ~he names of said persons are the addrm~s of said persons as shown on
the current ass~sment roll of the Town of Southold; that said Noticm were mailed at the United Stat~ Post ~-
rice at ~~ / ~. ~. ; that said Notices were mailed to each of ~id persons by
(certifi~) ~;~:;;;-,) mail. /
Sworn to before me this //~--~
day of December ,19 B7
Notary Public
~emission ~
(This side does not
property owners.)
have' to be
completed on
form transmitted
,SNOFIT F. NVI ROt;N EUT ^I.
will uno currantly available infonn'~tion concerning tho proJnc~ and tho
1, W~I project ro~ 2n a laF~o {~hyuical
%o the proJoc% si~o or phyuical~y altar more
%hah 10 acrom of land? , , , ......... Yea
2, W2ll ~horo bo a ~3or change %o uny ,miquo oF
unuuuul land fo~ found on tho ~ltuY · · · · ~ 'fo:)
an oxIurln6 body of water? · , ....... .. Ycr,
~, W~I project havu a potuntially largo impocb on
W~I proJcc~ ~l~lficantly. off,:ct drainage /'1~,~
6, Will pro3ec~ affoc~ any t{~un%,m.,I or endangered
8, W~i pr~ec% hava'a ~mJor effect cn vlu~sl{1 char--
ac%er of tho com.~uni~y o~ scenic views of %'Iotas:
)¢no~ to bo L~portan~ to tho co;~muni~7'/ * · · _~ Yen----
9. Will prOjOC: adversely l~pac~ any site or
ufo of.h&~oric) pro-his:eric, or paluoncolozlcui
~mportnnco or any site dosignnt~d an n critical
onvironmon~l area by a local a{{oncy? · · ·... Yor* .---
W~i pro3oct have a ~3oz- effect On oxluc~g or
future recreational opport~nitiuu'~ · · , - You ~ No
Wilt project.result' in {~%Jor truffle problem:) O:'
Will proJoc~ rogt~arly cause ob h ctlonable (~(]o{'~l, ..
anco as a ros~ of ~ke project's cpera%!on? . _ Ye'.;
%4111 proJoc~ have any impact on i)ubllc health or
WIll project ~,ffoct ~ho ex~uti)l{~ co~fltlttl%7
directly can~ln~ a ~rowt{i In pcrJm~:,tat {UJ~Jllla- ' -
tton cf moro than ~ poi'cent ovor a
QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED
WITH YOUR APPLICATION FORMS TO THE BOARD OF_[_APPEALS
Please complete, sign and return to the Office of the Board of Appeals
with your completed application forms. If "Yes" is answered to any
questions below, please be sure to depict these areas on your survey
(or certified sketch), to scale, and submit other supporting documenta-
tion.
1. Are there any proposals to change or alter land contours Yes ~
seaward of area under construction?
o a~ thoro any areas which contain wetland erasses? ~
(Attached is a list of the wetland grasses Oeflned Dy Yes
, ~_rence )
Town Code Ch. 97 for your 'o~o ·
Are there existing structures at or below ground level ~
3.
such as patios, foundations, etc? ' Yes
4. Are the~e any existing or proposed fences, concrete
barriers, decks, e~c? ~q ~00J~ ~ ~?otc/~ O No
5. If project is proposed for an accessory building or
structure, is total height at more than 18 feet above (~
average ground level? State total: ft. Yes
If project is proposed for principal building or
structure, is total height at more than 35 feet above
average ground level? State total: ft.
Are there other premises under your ownership abutting
this parcel? If yes, please submit copy of deed.
Are there any building permits pending on this parcel
(or abutting land under ~our ownership, if any)?
State Permit # and Nature: /~.~. ~ ~l,
Yes
Yes 0
Yes No
Do state whether or not applications are pending
concerning' these premises before any other department
or agency (State, Town, County, Village, etc.):
Planning Board
Town Board
Town Trostees
County Health Department
Village of Gree.nport
N.Y.S.D.E.C.
Other
Yes No.
sNo
No
No
Yes No
~ No
No
10. Is premises pending a sale or conveyance?
If yes, please submit copy of names or purchasers ~
and conditions of'sale.(from contract). Yes
ll. Is new construction proposed in the area of contours ~
at 5 feet or less as exists? - Yes
12' If new construction is proposed in an area within ~
75 feet of wetland grasses, or lan.d..area at an eleva-
tion of five feet or less above mean sea level, have
you made application to the Town Trustees for an
inspect-ion for possible waiver or permit under
the requirements of Ch. 97 of the Town Code?
13. Please list present use or oper.~q-~ons .conducted upon the
subject properJ~y~at this time
and proposed
I certify that the above statements are true and .are being submitted for
reliance by the Board of Appeal~ in considering my application.
Signature (Property OwnS) -(Autho~rized Agent) /
'3/87 1 k
§ 97-13
WETLANDS § 97-13
(2)
TOWN -- The Town of Southold.
TRUSTEES -- The Board of Trustees of the Town of
Southold. [Added 6-5-84 by L.L. No. 6-1984]
WETLANDS [Amended 8-26-76 by L.L. No. 2-1976: 3-26-
85 by L.L. No. 6-1985]:
A. TIDAL WETLANDS:
(1) All lands generally covered or intermittently coy-
ered with, or which border on, tidal waters, or lands
lying beneath tidal waters, which at meaaJ-w t~,l,~
are covered by tidal water~ 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 subjd~t to ti(Iai action;
All banks, bogs, meadows, fla~s ,a, nd tidal marsh'~
subject to such tides and, upon x~ high grm~s or may\
grow some or any of the following: salt hay, black]
grass, saltworts, sea lavender, tall cordgrass, high/
bush, cattails, groundscl, marshmallow and
march cordgrass; and/or /
All land immediately adjacent to a tidal wethmd as
defined in Subsection A(2) and lying within seven-
ty-five (75) feet hmdward of the most hmdward
edge of such a tidal wetland.
B. FRESIIWATER WETLANI)S:
(1)
"Freshwater wetlands" Its defined in Article 2,1, Ti-
fie 1, § 2,1-0107. Subdivisions l(a) to l(d) inclusive,
of the Enviromnenta] Conserv'ation Law of the State
of New York; and
(2)
All land immediately adjacent to ,q. "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-cg- s5
SOUNDVIEW AVE.
EL. 34'
FOUND~,TION BACKFILL
FROM EASEMENT
EXCAV~I'ION
EXISTNG GRADE
100 FT.
35 FT.
I
DIAGRAMATIC ~'1 --
NEW RESIDENCE
I E~XIST. RESIDENCE
FIN. FLOOR EL. 48'± I
EXISTING GRADE ~, -
BASEMENT EL. 39'±
21 = FT.
45 +- FT.
100 ± FT.
EL. 44'
EL. 8'+-
LONGITUDINAL
SECTION
LONG ISLAND SOUND
project title:
PROPOSED
RESIDENCE
MR. & MRS, JOHN
KEATING
SOUTHOLD NEW YORK
drawing title:
PROPERTY
SECTION
drawn by: checked by:
M.K. R~W.
date: scale:
3~88 1" =
drawing number:
S-1 oF1
ref, no,: