Loading...
HomeMy WebLinkAbout3669 Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.I.. N.Y. 11cj'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3669 Application Dated September 4, ]987 TO: Mr. and Mrs. Michael Lademann 645 Pine Neck Road Southold, NY 11971 [Appellant(s)] Michael J. Hall, Esq. as Attorney At a Meeting of the Zoning Board of Appeals held on 0ct0ber 8, 1987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] IX ] [ ] Request Article Request Article for Special Exception under the Zoning Ordinance , Section for VarianceSto the Zoning Ordinance III , Section ]00-3] and Article XI, Section 100-119.2 Request for Application of MICHAEL AND BETH LADEMANN for Variances to the Zoning Ordinance, Article III, Section 100-31 and Article XI, Section 100-119.2 for permission to locate new dwelling with insufficient setbacks from the northerly front property line along a private right-of-way and from the nearest wetland grasses, premises known and referred to as Lot No. 1, Map of Blum and Littell, located along the East Side of Stillwater Avenue, Cutchogue, NY; County Tax Map Parcel No. 1000-103-1-19.6. WHEREAS, in the Matter No. 3669; and a public hearing was held and concluded on October 8, 1987 of the Application of MICHAEL AND BETH LADEMANN under Appeal 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: 1. The premises in question is known and referred to as Lot #1 on the Minor Subdivision Map of "Blum and Littell" approved by the Southold Town Planning Board under Map No. 220 with frontage along the east side of Stillwater Avenue of 120.79 feet and along the south side of a private right-of-way of 287.54 feet, and containing a total lot area of 40,017 sq. ft. 2. The subject premises is located in the "A-40" Residential and Agricultural Zoning District, is vacant, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 103, Block 1, Lot 19.6. ICONTINUED ON PAGE TWO) DATED: October 13, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3669 ~ Matter of MICHAEL AND BETH LADEMANN Decision Rendered October 8, 1987 3. By this application, appellants request Variances to locate a new single-family dwelling structure with setbacks at not less than 20 feet from its closest point to the northerly front property line along the private right-of-way and not less than 41 feet from the nearest edge of wetland grasses, as more particularly depicted on survey prepared by Roderick VanTuyl, P.C. amended lastly September 3, 1987. 4. Article III, Section lO0-31 of the Zoning Code requires minimum frontyard setbacks at not less than 35 feet, or the average established setbacks in the immediate area within 300 feet. 5. Article XI, Section 100-119.2, subparagraph (B) requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. 6. It is the position of this Board that the location requested by this application is the most feasible and does meet the "practical difficulties" standards set by the Courts since the circumstances of (a) the land contours and wetland areas limit the buildable portions of the property, and (b) the lot is a corner parcel as defined in Section 100-13 of the Code having dual front yards. 7. Accordingly: (a) the project as proposed will not in turn be adverse to the safety, health, comfort, convenience or order of the town; (b) the circumstances are not personal in nature; (c) the relief requested is the minimal necessary under the circumstances; (d) there is no ther method feasible for appellants to pursue other than a variance; (e) the relief requested is substantial in relation to the require- ments, being variances of 43% of the requirement for the northerly frontyard setback, and 45% of the wetland setback requirement. 8. It is further noted for the record: (a) that special attention must be given regarding final grading plans of this site since the property contains ravines, as well as dwelling elevations, via the Suffolk County Soil and Water Conservation District [see September 28, 1987 letter for comments]; (b) that the Southold Town Trustees have waived the requirement for a Wetland Permit on August 27, 1987; (c) that the N.Y.S. Department of Environmental Conservation has issued a condi- tional permit under #10-87-1148 for this project with no clearcutting or placement of fill within 20 feet of "edge of wetlands," etc. NOW, THEREFORE, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested under Appeal No. 3669 for the proposed location of a new dwelling structure as described in paragraph No. 3, supra, in the Matter of the Application of MICHAEL AND BETH LADEMANN, SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be no further reductions in either the northerly Page 3 - Appeal No. 3669 Matter of MICHAEL AND BETH LADEMAN~ Decision Rendered October 8, 1987 frontyard area at 20 feet, or the setback from the nearest wetlands edge at 41 feet, as requested; 2. The deck remain open and unroofed at all times, as proposed; 3. Outside lightin9 shall be toward the ground and not adverse to neighboring properties; 4. The wetlands areas must be protected to the maximum extent possible, including rain gutters drainin9 into dry wells (rather than upon the site); 5. During time of construction, a temporary berm must be placed with the fill from the foundation excavation in order to aid in the prevention of storm-water runoff and in full compliance with the N.Y.S. Department of Environmental Conservation conditions (particularly Condition No. 1 thereof). Vote of the Board: Ayes: Messrs. Douglass and Doyen. (Member Sawicki was tion was duly adopted. Goehringer, Grigonis, absent.) This resolu- lk /GERARD P. GOEq~RINGE~, CI AN ~/ October 13, 1987 / RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE/~ /.:~- ~v HOUR ~. o ~- To.~_._~ ~lerk, Town of Southold NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the ~own Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold~ New York, on THURSDAY, OCTOBER 8, 1987 at the following times~ 7:35 p.m. Appl. No. 3651 DEAN KAMEN. 9/10/187). (Recessed from 7:40 p.m. Appl. No. 3592 BENTE SNELLENBURG. (Recessed from 8/20/87) 7:45 p.m. Appl. No. 3668 GERARD C. KEEGAN. Variance to the Zoning Ordinance, Article ×!~ Section lO0-119.1(C) for appr6val of construction of fence in the easterly frontyard area at a height of six feet. Location of Property: ~6st Side Of Founders Path and East Side of Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-64-4-10~ Founders Estates Lot 39. 7~50 p.m. Appl. No. 3657 - CLYDE FRITZ. Variance to the Zoning Ordinance, Article II~ Section 100~31 for approval of insufficient lot area, width and depth of two proposed'parcels fronting along the westerly side of Cedar Lane, Southold, NY; County Tax Map Parcel No. 1000-78-7-45.1, containing a total area of .694 of an acre. 7:55 p.m. Appl. No. 3663 - MARLO CASTELLI. Variance to the Zoning Ordinance, Article Iii, Section 100.-30 for approval of sign as exists Of excessive si~e in this '~A-40" Residential and Agricultural Zoning District 'and advertising "Landscaping & Sprinklers by Forever Green~" Location of Property: South Side of North Road (C.R. 48), Peconic~ NY; County Tax Map Parcel No. 1000-69-4-1.3 8:10 pom, Applo No. 3653 - NORTH ROAD ASSOCIATES. from 9/10~/87). -- (Recessed 8:15 p.m. Applo No. 3593 and No. 3659 - QUIET MAN INN. (Both hearings recessdd-from 9/lq/87) 8:25 p.m. Applo No. 366~ -ANA G. ST~.L[O. Variance to rescind prior deci§ion rendered under Appeal No. 3562 on December 11, 1986 for a conditional approval under New York Tow~ Law= Section 280-a, and deleting Condition No~ 2 of prior decision rendered under Appeal No. 3619 on April 2, 1987, and as an alternative being subject to New York Town Law, Section 280-a over the existing Page 2- Notice of Hearings Southold Town Board of Appeals October 8, 1987 Regular Meeting right-of-way approximately 100 ft. to the east of the subject right-of-way (approved or to be approved and accepted by the Planning Board for this set-off division of land), located alone the north side of Main Road, Orient, NY; County Tax Map District 1000, Section 14~ Block 2~ Lot 26'and Lot 12.2. 8:35 p.m. Appl. No. 3670 - ROBERT H. FREY. Variance to the Zoning Ordinance~ Article XI, Section 100-119.2 for per~ mission to locate open deck construction with an insufficient setback from existing bulkhead at Harbor Lights Estates, Section I, Lot 10, Southold, NY; County Tax Map Parcel 1000-79-04-08. 8:45 p.m. Appl. No. 3669 - MICHAEL AND ELIZABETH LADEMANN. "~ Variances to the Zoning Ordinance, Article III, Section I00-3I and Article XI, Section 100-119.2 for Permission to locate new dwelling with insufficient setbacks from ~he northerly front property line,along a pri~ate" a right-of-way and from the nearest wetland grasses, premises known and referred to as Lo~ No. 1, Map of Blum and Littell~ ~ocated along th~ East Side of Stillwater Avenue, Cutchogue~ NY~ County Tax Map Parcel No. 1000-103-1-19.6~ The Board of Appeals will hear at said time and ~iace ail persons or representatives desiring to be heard in 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 informa- tion, please call 765-1809. Dated: September 28, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski~ Board Secretary Notice to Newspapers: Please publish once, to wit: October 1987, and forward six affidavits of publication on or before October 6th to: Board of ~ppea!s, Main Road, Southold, NY 11971. Thank you. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIlOLD, N.Y. NOTICE OF DISAPi'ROVAL No ........................... ~ .... Dat~ ............... .... PLEASE TAKE NOTICE that your applicatio~ted., ~.~ .~ .......... 19 LocattonofProperty .~.......:.,~.~~.,~r~ ~ i ..... ~~.~.' House No. ~ u Street I ttomlet Subdivision~. ~ ~. l:iled,Map No ..... ~.9 ...... Lot No. re.trncd herewid~ and disapproved on the lbllowing grounds .~ .'~. :~.~.~- . ......... Building Insp..ctor RV ltEO TOWN OF SOUTHOLD, NEW YORK ~L~PE~,L~M DECISION OF BUILDING INSPECTOR ~lli~To T~IIzt~G BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellor~t Street and Number Southold New York ~4~:RPRY APPEAL TO Municipafity State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....... ~a~..8,...19fi.~ ........................ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) ~ichael & Elizabeth Lademann Name of Applicant for permit ...6..4. 5... ................................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit bo Construct 1. LOCATION OF THE PROPERTY .~/..o../~.....°.~.,..sA~..$.$..~..A.e~..A~9.:.:....e~.~.? ............................ Street /Hamlet / U~e District on Zoning Map Map No, Lot No, 220 1 Pr~0r Owner. ~Li%tell & Marilyn Blum 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 III Section 100-31 Article XI Section 100-119.2 A~ticle I Section 97-13 (3) 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. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (~has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appec was ( ) request for c special permit ( ) request for a variance and was made 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 the rear portion of the parcel to be built on has been determined %o be wetlands and therefore, the owners do not have sufficient remaining depth upon which to construct their house and deck without the front and rear yard sev backs. Fo,Tn ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaJ d ffcu f~or~unne~e$- sary HARDSHIP because this parcel -which is one buildable lob in a ~i~or approved by the Town of Southold on June 22, 1981 contains a which has been determined to be -wetlands. Without the area variances sought here today, the o~ner will not be able to build on this recently created parcel. 2. The hardship created is UNIQUE and is not shared by ali properties alike in the [mmediete vicinity of this property and in this use district because of the four parcels in the ~inor Subdiviszon of Blum and Littell, the applicants parcel has the least amount of depth. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DiSTRiCT because two of the four lots on the subdivision referred to in numbers 1 and 2 above, already have completed dwellings and in order to build a house and deck which conforta to the character of the nei§tfoorhood, and observe the purpose of the Zoning Ordiance as stated in Section 100-10 these Variances are necessary. STATE OF NEW YORK ) } ss COUNTY OF SUFFOLK ) Signature Sworn to this ............... .3..r..d. ......................... day of ...... ~ep.%.~l~r ................................ 1987 Notary Public MI~EL ~. HALL OWNER STREET' VI LLAGE DIST. SUB. LOT S ~' ~PE OF BUILDING ~s. ~.~, II s~s. VL. ~A'R~ CO~. C~. ~CS. ~t. W~u~ ~ND IMP. TOTAL DATE R~RKS .,. TilI~I~ ' ' F~ONTAGE ON WATER I Wdla~d ~RONTAGE ON ROAD M~ad~wla~d DEPTH H~ ~lot BULKH~D SINGLE, EXPIRES 'ENT OF: HEALTH 5 DATE: SUFFOLK CO; T · OF ~ROV, ~ ~AL New York State Department of Environmental Conservation NOTICE Permit No. The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted on this site. For further informa- tion regarding the nature and extent of work approved and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Expiration Date Regional Permit Administrator 95-20-1 ¢1!82) NOTE: This notice is not a permit TRANSCRIPT,OF HEARING SOUTHOLD TOWN BOARD OF APPEALS R-EGULAR MEETING OF THURSD~Y~ OCTOBER 8,' 1987 Appl.-No.,3669 App]icant(s): MICHAEL AND ELIZABETH LADEMANN Location of Property: E/s Stillwater Avenue, Cutchogue County Tax_ Map ID No. ]000- /~3~ / -/~ ~ Board-Members present were: Chairman Goehringer P. G0ehringer, Members: Grigonis, Douglass, Doyen and Sawicki. Absent was: (None) Also present were: Victor Lessard (Building Dept.) Linda Kowalski, Z.B.A. Secretary, and approximately persons in the audience. The Chairman opened the hearing at 9:00 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the survey produced by Roderick VanTuyl, P.C.,'the most recent da~e is September 3, 1987 indicating the lotJwith the proposed house superimplanted approximately in the center more toward the north property line adjacent to the right-of- way; 88 feet from Stillwater Avenue, 41 feet from the edge of the wetlands. And I have a copy of the Suffolk County Tax Map indi- cating this and surrounding properties in the area. Mr. Hall, would you like to be heard? MR. HALL: Thank you. I'm reading tonight. Before I being my pre- sentation tonight, I want to emphasize the applicants have already obtained, obviously after.a lengthy process, a permit from the Suf- folk County Health Department, the D.E.C. and we have also obtained a waiver from the Southold Trustees. I point this out because these are the three agencies really entrusted to control and protect the wetlands. It3s my intention tonight to touch on the areas not spe- cifically addressed in the application which you just read. When the Zoning Board considers the granting, of an area variance from the Town Code, it is guided by the standard of practical difficulty. The applicant.does not have to show hardship, no reasonable return or even unique, circumstances as for a use variance. Robert Anderson, in Anderson Z~ing, at page 211 wrote; an applicant for an area vari- ance can satisfy the requirement that he is experiencing practical difficulties as a result of a literal application of the Zoning Or- dinance by showing that he can not make a reasonable use of his land due to its peculiar size, shape or grade. The wetlands ordinance requirements havD effectively reduced the size of Beth and Michael Lademann's parcel by almost a third and it reduces depth by at least 25 feet and by as much as 100 feet. Thus, there are practical dif- ficulties. Anderson goes on to say on'page 212; where the application of setback regulations to the applicant's corner lot will limit the Page 2 - October 8, ~7 Public Hearing - Mic~l and Elizabeth Lademann Southold Z.B.A. MR. HALL (continued): useable portion of the land, he suffered practical difficulties and was entitled to a variance which would permit construction of a building of reasonable size. The house that Beth and Michael plan to construct is approximately 1,800 square feet. Certainly reasonable to say the least. And it is the setback requirements that limit the useable portion of the Lademann's land. Given that there are indeed practical difficulties, which would call for the granting of the variance sought. This might be negated, again, to quote Anderson, if the difficulties are self created or if they bought into them. According to, and please let the record reflect the following: Michael and Beth Lademann purchased the lot which is the subject of this application on May 17, 1985. After the en- actment of the wetlands ordinance which is why we're here today. They went to contract on this lot on February 27, 1985. I'm pre- pared to give to the record if you want it, a copy of the original contract. This is before the enactment of the wetland setback re- quirement which was enacted March 27, 1985. I point this out to the Board tonight so that your record accurately reflects the fact of hardship and practical difficulty are not self-created but are a result of a law passed after they signed a binding contract. Moreover, the wetland of Beth and Michael's property is a wetland rest and the nearest action of water, as indicated on the minor subdivision map of Blum and Littel, which is on file with the town, is approximately 800 feet from the proposed house and deck. Also, the Board should be aware that this lot was purchased out of a minor subdivision which was fully approved by the town in 1984 and that vacant land c.o. Z-12766 dated September 12, 1984, was issued for this lot indicating at that time, it was a buildable lot. The ap- plicants and their attorney relied in good faith on that approved map and that c.o. in purchasing this property. As a final criteria, the Board must consider whether the application if granted, would injure the immediate neighborhood by nonconformance. To the con- trary, this lot is on the corner formed by Stillwater Avenue and a private right-of-way which is opposite Peconic Bay Vineyards. Thre are only four lots on this right-of-way. Those lot created in the Blum Littell subdivision. Two of which already have homes completed. The setbacks sought here today would conform to this minor subdivi- sion and leave a large buffer from the wetlands grass. It is also important for me to note tonight that the present site and location of Beth and Michael's proposed house and deck are the result of countless conferences with the Health Department, the D.E.C. and Trustees and that the frontyard and wetland setbacks sought here today are absolutely innermost. Stricter application of the set- back requirements could actually create a situation which might in- jure the neighborhood by forcing the construction of an extremely narrow or shallow house or one without a useable backyard. On a slightly different issue, no application of any Southold Town body would be complete today without some mention of the affordable housing issue. I realize that this is a consideration for the Town Board, but I think it is relevant and important for the Zoning Board to consider in that the purpose and provision of the Zoning Ordinance and under Section 100-121B of the Zoning Ordinance quote; "so the spirit of the chapter be observed and substantial justice is done". ~age 3 - October 8m987 Public Hearing - M~ael and Elizabeth Lad~ Southold Z.B.A. MR. HALL (continued): Beth and Michael Lademann are the epitamy of the people who need and are entitled to affordable housing. Michael and Beth paid 28,000 for this lot two and a half years ago. I get emotional about this. At that time, they had a one year old baby and they both worked full time for a combined .... Excuse me. CHAIRMAN GOEHRINGER: I was just going to comment on your reading was pretty well. MR. HALL: ...for a combined gross income of about 25,000 dollars a year. And I know of my own knowledge, that since that time, they have paid off the mortgage on this lot in full with literally every dollar they could spare. I would also not that they plan to build their home with their own hands, (I did the same thing when I got married.) because they couldn't afford to hire a general contractor. Beth walked into my office in tears back in May of this year when she received a notice of disapproval instead of a building permit. She has worked to bring the house as nearly as possible in confor- mance since that date. I am very aware that variances apply to the land and are not to the person. In this case, however, I think Beth and Michael Lademann, as applicants who represent the type of class of applicants who deserve every consideration this Board could possibly give in order to do substantial justice. They, or any other working class applicant before this Board can not afford to write off an unbuildable lot as a real estate developer could. If this vari- ance is not granted, then strict application of this ordinance will be much more than a hardship. It will be a personal tragedy and a real loss to Southold. One more paragraph. Finally, I'd like to point out that Beth Lademann have already relocated and reconfigu- rated their house and deck several times in order to satisfy the requirements of the Trustees and the D.E.C. Accordingly, I would ask that the Board approve this variance as applied for. Thank you. CHAIRMAN GOEHRINGER: We don't see you too often any more Mike but that was great. Before you leave, I just want to ask you a question and I realize that the size of the house, the conformity of the house is of utmost importance to these people. There are two things. One thing I have to ask for and the other thing I wanted you to think about, if there's a possibility. There's no possibility of moving the house a little farther to the east which would give you a little bit farther distance away from the wetland grasses. MR. HALL: We've already moved it. ready. We've moved it three times al- MRS. LADEMANN: That would be my only yard. That's the reason why I kind of hate to do it because I only have that short distance for the back behind the deck which I can't really use. So that would be my only .... CHAIRMAN GOEHRINGER: So that whole low area is going to be your yard. Page 4 - October 8, Public Hearing - Mi¢ Southold Z.B.A. 1987 ~1 and Elizabeth Lademann MR. HALL: The whole area between their house and Wick's would be effectively, their backyard because they can't go downhill towards the wetlands. CHAIRMAN GOEHRINGER: How wide is the right-of-way presently? So basically the brush starts approximately 5 feet from the actual property line. Is that what we're saying? Could you stake that approximately in the front of the house where the actual right-of- way starts and your property actually starts in other words? MR. HALL: The question is not only where the pavement right-of-way is but where the gravel is. Is that right? That's what they want to know. CHAIRMAN GOEHRINGER: I want to know how far the house is actually going to be from the gravel. MR. LADE~LANN: Twenty-five, twenty-six feet, somewhere in there. CHAIRMAN GOEHRINGER: I saw poison ivy and I didn't want to enter. Ok. So you will stake that for us approximately where the house starts. MR. AND MRS. LADEMANN: It is staked. CHAIRMAN GOEHRINGER: It is staked. I didn't see the staking of it. I just saw the property lines down below in the hill. Ok. I'll go back and look at it. Thank you. Anything else you'd like to say for the record? Mr. Winters. MR. WINTERS: Thank you. I'm Richard Winters, father of Elizabeth Lademann. I was going to try to fill in a couple of things. How- ever, I think counsel has done a very adequate job. I don't think he missed a thing. I would like to ask for the Board's sympathetic consideration of the request. And without beating a path over that area already covered by counsel, ii can confirm that they did buy the lot. The money that they used to but it, for the most part, was borrowed from a local bank. And through their own efforts, they have now repaid the loan and now own the property free and clear. They did go to a great amount of trouble when they purchased it to make sure that it was a legal building lot, that it was a lot of land on a fully approved minor subdivision map. They went to the trouble of getting a vacant land c.o. And when they submitted an application for the building loan, were somewhat shocked, or build-. ing permit, shocked to find that they had to go through the gauntlet of the D.E.C. because they needed the Zoning Board of Appeals. I think I'd like to address just for a moment, the big picture as it relates to all lay people and the public in general when purchasing a piece of property off a file or approved map that has been through the various bodies and Boards of review with not only the town but with other county, state agency. It would see to me that in those cases where you are buying a legal building lot, something that has received a full approval of these bodies, that that approval should say for the future. I don't think ~t's fair. Yes, in this case we ~age 5 - October 81987 Public Hearing - M~ael and Elizabeth Lad~ Southold Z.B.A. MR. WINTERS (continued): have a young couple that's struggling. A very local couple. They are not developers. They want to build their home. And it's par- ticularly unfair in their case because they can't. They not only don't understand why they have to go through this, but they can't afford it as well. And obviously it cost money and time. And the more time that goes by, the higher the cost of two by fours. But it would seem to me that the general public, if they buy a piece of property off a filed or fully approved map, that that's what they should be able to rely on. They should not have to go back through this Board, through the D.E.C. I'm not sure how that question or problem should be addressed or by what level or by what body. But it certainly is an unfair situation for them to have to face and I appeal to this Board to give favorable consideration in this particular case and hopefully somehow or other, the town can face the overall issue and see if that problem can't be cured. I think that's a serious problem. I thank you for your consideration. CHAIRMAN GOEHRINGER: Thank you sir. Is there anything that would like to be said by the couple? Would you like to say something else? Beth? Nothing. Ok. Anyone like to speak against the application? Hearing no further questions, I make a motion closing the hearing, reserving decision until later. Ail in favor - AYE. ,! DEPARTMENT OF PLANNING COUNTY OF SUFFOLK NIICHAEL A. LOGRANDE SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN DIRECTOR Of PLANNING October 19, 1987 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 Conanission 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) Municipal File Number(s) Michael & Beth Lademann 3669 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORtAL HIGHWAY HAUPPAUGE. l.l., NEW YORK 11788 (518) 360-5192 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 B. SAWICKI XX Pursuant to Article XlII 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 IZZ, Section 100-31 and Article XI, Section 100-119.2 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: Location County Within 3669 Applicant: Mr. and Michael Lademann of Affected Land: Stillwater Avenue, Cutchogue, Tax Map Item No.: 1000- 103-1-19.6 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruv~dy State or Federdily Owned Lan, State or' Federal Park or C1]r~el Cilarlnu 1 Existing or Proposed Right-of Way of Any Stream or' Orainage Owned by the County or for Which The County Has Es[abli~,hed Lines, or Within One Mile of a Nuclear Pownr Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to locate new dwelling with insufficient setbacks from the northerly front property line along private right-of-way and from the nearest wetland grasses. Copies of Town file arid related documen[s unclosed for your revirw. Dated:October 16, 198'1 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 c:OUTHOLD, l.l., N.Y. 11c~'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P-GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI October 14, 1987 Michael J. Hall, Esq. Youngs Avenue Southold, NY 11971 Re: Appl. No. 3669 Michael and Beth Lademann (Variances) Dear Michael: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of 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 Department for issuance of any permits or other approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1809 or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, GERARD P. '~OEHRINGER CHAIRMAN Enclosure Copy of Decision'to: Buildiqg Department By .Linda Kowalski Suffolk County Planning Commission I0-87- 1148 N/^ NIW YORK SIAll DIPAR[MINE OF FNVIRONMEN]AL CONSERVATION PERMIT Under the Environmental Conservation Law EFFECTIVE DATE 9/23/87 EXPIRATION DATE(s) 9/30/92 Article 1G, Title 3; 6NYCRR 321, 328, 329: Aquatic Pesticides Article 15, Title 5: Protection of Water Article !5 Title 15: Water S~JprJly Article Ih Title 15: Water h mspnrt Arhcie 15, Title 15. Long Island Wells Article 15, Title 27: Wdd, Scenic and Recreational Rivers _..~~ 6NYCRR 608: Water Quality Certification Air Pollution Control* F _] Article 23, Title 27: .... Mined Land Reclamation 7--7 Article 24: Freshwater Wetlands N--New, R--Renewal, M--Modification, C-Construct (*only), O--Operate (*only) j~ Article 25: Tidal Wetlands N J---~ Article 27, Title 7; 6NYCRR 360: Solid Waste Management* ~] Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management ~ Article 34: Coastal Erosion Management -----]Article 36: Floodplain Management ~-~ Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control Michael J. Lad~T~m Pine Neck Rd., SouttLold, NY 11971 N/A Eugene's (}reek, ri~at nf vray off Stillwater Ave. Cutchognze Suffnlk No. 1000-103-1-19,6 TOWN/CITY)VILLAGE UTM COORDINATES Southold (kmstruct a single frailly dwelling with deck and install septic system; place fill and driveway in areas 50' or n~)re fran "edge nf wetlands" identified on referenced plans. All work to be accordance with attached plans approved by NYSD~C. GENERAL CONDITIONS By acceplance of this permit, the permiUee agrees that the permit is contingent upon strict compli- ance with the E£[, all applicable reRulations and the conditions specified herein or attached hereto. 9/23/87 [ Alfred T. K~Har BLdg. 40 S~, ~. 219 S~y Br~k, ~ 11794 cc; C.T, Ileal]ton R. Van Tm7] dated 9/3/87 latest reu. and annoted,.J~y ESL 9/10/87 SPECIAL CONDITIONS I. There is to be no clearcutthlg or placema, nt of fill within 20' of the "edge of wetlands" line 2. Drivc~ay is to be of pervious ~r~terial. Supple~antary Special (~ditions (A) t:hm (J) attached. 10-87-1148 N/A Page 2 of SOIL AND WATER CONSERVATION OISTRtCT COUNTY OF SUFFOLK MICHAEL A. LO GRA~'~DE SUFFOLK COUNTY EXECUTIVE September 28, 1987 STANLEY A, PAUZER Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer: We have made an assessment of Appl. No. 3669 - MICHAEL AND BETH LADEMANN (Variances) as per your letter of request dated September 8, 1987. A site inspection conducted on September 22, 1987 revealed that the proposed dwelling with attached deck would be constructed along the northern bank of a natural drainageway outletting into East Creek. Soils on the site are mapped as Carver and Plymouth sands with 15 to 35 percent slopes. A soil boring at the proposed dwelling location confirmed the soil mapping and found ground water approximately 56 inches below the ground surface. Limitations of this soil regarding homesites, sewage disposal fields and lawns- landscaping are rated as severe and are difficult to overcome. The major limiting soil characteristic is the slope. In addition, the septic system's leachate would be a possible pollution hazard to surface waters due to the rapid permeability of the soils. Establishment of lawns and landscaping plants will be difficult due to the steep slope and sandy soils. Soil erosion during the house construction and until permanent vegetative cover is established will be a problem. Upon the land- owner's request, ~D erosion and sediment plan could be prepared by this office to limit soil erosion on the site during construction. Since the property is in a drainageway, occasional seasonal flooding may occur. Special attention should be given regarding final grading plans of the site, pro- posed dwelling elevations and septic system location. During the field inspection a small "catch basin" type structure with a pipe outlet was found in the northwest corner of the lot. The outlet pipe of the structure ap- peared to outlet on the property approximately 6.0 feet from the structure, toward the south. At the outlet of the pipe there is an open ditch which conveys surface runoff water into the center of the drainageway. Maintenance responsibilities of the structure, pipe and open ditch should be noted. If you require any additional information, please contact our office. Sincerely, Thomas J. ~cMahon, Senior District Technician {516) 727-2315 164 Old Country Road, Riverhead, New York 11901 Pa9e 3 - Notice of Hearings Notification List ZBA Regular Meeting 10/8/87 Copies to the following 9?29/87: Mr. Dean Kamen and Mr. James R. Maher, 340 Commercial St., Mr. John H. Thatcher, Jr. President, F.I. Conservancy, Box Mr. John H. Thatcher, Jr., Box 132, Green Village, NJ 0793!, Mr. George Campbell, Director, Mashantucket Land Trust, Lox ington, CT 06378 Mr. Charles B. Ferguson, President, The Henry L. Fergu!~on Fishers Island, NY 06390 Justice and Mrs. Joseph J. Snellenburg II, Private Rd, South(~id Philip J. Cardinale, Esq., Jamesport Center, Jamesport, NY ~19~} Mrs. Donald E. Dean, 9 Yorke Road, Mountain Lakes, NJ 0}046 1197t Mr. and Mrs. Gerard C. Keegan, 151 Brixton Rd, Garden City, NY llb3/! Mr. George Marrone, Cartlandt Manor Road, Katonah, NY 10536 Rudolph H. Bruer, Esq. Edson & Bruer, Main Re)ad, Southr~id, NY 1197~ Patricia C. Moore, Esq. as Attorneys for Mr. Clyde Fritz, North Road Associates, ~,a (~. SLill~, and Kevin Knobloch (Marie Castelli Matter) Mr. John J. Munzel, as Attorney for Mr. Marie Castelli 548 Roanoke Avenue, Riverhead, NY 11901 William D. Moore, Esq., as Attorney for Quiet Man Inn Main Road, Clause Commons, Suite 3, Mattituck, ~Y 11952 Mr. and Mrs. Robert H. Frey, 20 Hewitt Road, Rockville Centru, NY 11570 Michael J. Hall, Esq., as Attorney for Mr. and Mrs. Michael Lady,mann Youngs Avenue, Southold, NY 11971 Z.B.A. Chairman and Members Southold Town Planning Board and Town Supervisor F.J. Murphy Building Inspectors Planner Posted on Town Clerk Bulletin Board and ZBA Office Wallboard Personal Delivery to the Suffolk ~imes and L.I. Traveler 9/29/~7 JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 4, 1987 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, $outhold Town Clerk Transmitted herewith is Zoning Appeal No. 3669 , application of Michael & Elizabeth Lademann 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 September 24, 1987 Mrs. Elizabeth Lademann 645 Pine Neck Road Southold, New York 1971 Suffolk County Department of Health Waste Water Management Suffolk County Center Riverhead, New York 11901. Services Re: Michael and Elizabeth Lademann Reference No.: 87S0-109 Gentlemen: In connection with the above matter, enclosed please find three additional proposed surveys. Please note that the proposed dwelling has been moved 15' to the east in order to widen the wetlands setback. Please be so kind as to notify me if this new location is satisfactory with your department. I have enclosed a copy of your approval dated June 1, 1987. Sincerely, Elizabeth Lademann eric, cc: Southold Town u j/ Zoning Board of Appeals Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD ;~5 SDUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOENRINGER, CHAIRMAN CHARLES GRIGONIS, .JR. SERGE DOYEN, .JR. ROBERT .L DOUGLASS JOSEPH H. SAWICKI September 11, 1987 Michael J. Hall, Esq. Youngs Avenue Southold, NY 11971 Re: Appl. No. 3669 - Michael and Beth Lademann (Variances) Dear Mike: This letter will.~cknowledge receipt of your recent application before the Board of Appeals. The Board members will be conducting field inspections and environmental reviews as may be required by State and local laws prior to advertising this matter for a public hearing. It is requested that upon receipt of the action taken by the N.Y.S. Department of Environmental Conserva- tion, the Board will authorize advertisement of the Legal Notice in the Long Island Traveler-Watchman and Suffolk Times. Our next advertising our October 8th Meeting. regarding developments. deadline is September 25th for We ask that you keep us advised Thank you. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN ? Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. 1.1., 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. SAWlCKI September 8, 1987 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil and Water Conservation District 127 East Main Street Riverhead, NY 11901 Re: Appl. No. 3669 - MICHAEL AND BETH LADEMANN (Variances) Dear Mr. Pauzer: We presently have an application pending in which the property owner proposes to construct an 36' by 42' dwelling with attached deck, all as more particularly shown on survey amended September 3, 1987, prepared by Roderick VanTuyl, P.C. May we ask your assessment of this project prior to our scheduling this matter for a public hearing? Enclosed for your file are copies of the survey, Suffolk County Tax Map of the area and appeal application. Please don't hesitate to call if additional information is necessary. Thank you for your assistance. Yours very truly, Enclosures GERARD P. GOEHRINGER CHAIRMAN / ~' , HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PNILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRISTEES TOWN OF SOUTHOLD Town Hail, $3095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 September 1, 1987 Mr. & Mrs. Michael J. Lademann 645 Pine Neck Road Southold, New York 11971 Re: Waiver request - Stillwater Avenue, Cutchogue, New York Dear Mr. & Mrs. Lademann: The following action was taken by the Board of Town Trustees during their regular meeting held on August 27, 1987 regarding the above matter. RESOLVED that the Southold Town Trustees Approve the request made by Michael J. and Elizabeth A. Lademann for a waiver of the Wetland Ordinance for the construction of a one family dwelling on property located' on a right of way off of Stillwater Avenue, Cutchogue all in accordance with the survey submitted dated May 5,, 1987. Please be advised that there is a $25.00 fee for the waiver granted. HPS ~ip CC: Very truly yours, Henry P. Smith, President Board of Town Trustees Robert A. Greene, D.E.C., Stony Brook Commissioner Henry G. Williams, D.E.C., Albany Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management . Conservation Advisory Council Bldg. Dept. Board of Appeals~" File " GREENPORT NEW YORK SUFFOLK CO. HEALTH DEPT. Ar~DvAL ~FTAT~NT OF INT~,N.T TM~ WAT[R ~J~N.Y AND ~ PI~AL ~ F~ THIS RESI~NCE WILL ~ TO T~ STANDAR~ ~ THE ~F~K ~. ~. ~ ~ALTH ~RVICES, ~.JFFO4..K COUNTY DEPT. OF HEALTH SERVICES -- FOR APPROVAL oF ~RUCTION ONLY DAT[: --' -- H. S. REF. NO.: ~ - AI~ROVED: SUFFOLK CO. TAX MAP DESIGNATION: DIST. SECT. BLOCK PCL. 0~NERS ADDRESS: ~OMTHOLD, N.Y. i ~@-~ l ~r~P?~Dl L , gal Notices NOTICE OF HEARING NOTICE IS HEREBY VEN, pursuant to Section 267 · he Town Law and the Code of Town of Seuthold, the follow- ~ tiearings will be held by the )UTHOLD TOWN BOARD APPEALS at a Regular 4lng ~t the Southold Town I!, Main Road, Seuthold, New -k, on THURSDAY, OC- ~ 3ER 8, 1987 at the following ?35 p.m. Appl. No. 3651 - iAN KAMEN~ (Recessed ':40 pm. Appl. No. 3592 - ,NTE SNELLENBURG. :essed from 8/20/87L ~:45 p,m. Appl. No. 3668 - :,xARD C. KEEGAN. Vari- e to the Zoning Ordinance. ic]e XI, Section 100-119.1(C) e m the easterly I~ontyard at a height of six feet. Lees- of Proper 7: West Side of nders Path and East Side of art Road, Southold, NY; mty Tax Map Parcel No. i9 Sprinklers~i~ Forever Green." Location ~perty: South Side of North Ri~/I~(CR. 48), Peconic, NY; County Tax Map Parcel No. 1000-69-4d.3. 8:10 p.m. Appl. No. 3653 - NORTH ROAD AS- SOCIATES. (Recessed from 8:15 pm, AppL No. 3593 and No. 3659 - QUIET MAN INN. (Both hearings recessed from 8:25 p,m. Appl. No. 3664 - ANA G. STILLO. Variance to rescind prior decision rendered under Appeal No. 3562 on De- cember 11, 1986 for a condi- tional approval under New York Town Law, Section 280-a, and deleting C~ndition No. 2 of prior decision rendered under Appeal No. 3619 on April 2, 1987, and as an alternative being subject to New York Town Law, Seac- tion 280-a over the existing right-of-way approximately 100 ft. to the east of the subjeact right-of-way (approved or to be approved and accepted by the Planning Board for this set-off division of landl, located along the north side of Main Road, Orient, NY; County Tax Map District 1000, Section 14, Block 2, Lot 26 and Lot 12.2. 8:35 p.m. Appl. No. 3670 - ROBERT H. FREY. Variance to the Zoning Ordinance, Article XI. Section 100-1192 for permis- sion to locate open deck con- struction with an insufficient setback from existing bulkhead at Harbor Lights Estates, Sec- tion l; Lot 10, Southold, NY; County Tax Map Parcel No. ~ 78 7-45 1, containing a 1000-79-04-08. !areaof.694ofanaere. ~8:45 p.m. Appl. No. 3869- 35 p.m Appl. No, 3663 - (' MICHAELANDELIZ,,A, BETH,~ tlO CASTELLL Variance ~ LADEM~A~NN. Variances to the :.: Zoning Ordinance, Article ] Zoning O.dinance, Art(eib Ill, ~ection 100-30 for approval / Section 100-31 and Article XI, nasexistsofexcessivesize / Section l00-119.2 for permission ~m A-40' Residential and [ to locate new dwelling with m- cultural Z~ning District ?Ox sufficient setbacks from the advertising'Landscaping & "--northerly (¥ont property line falong a private a right-ofJll~lk-~ and from the nearest we~ ~ grasps, premises known an farted to as Lot No. 1, M;p/~oi /Blum and~lAttell, located along tthe East Side of Stillwater Av- /enue, Cutehogue, NY; County / STATE OF NEW YORK ) ~Tax Map Parcel No. 1000-103-~/ } ~$: 19.6. ~ The Board of Ap~als will ~OUN~ OF SUFFOLK hear at said time and place all persons or representatives desir- ing to be heard in eact~ of the above matters. Each hearing will not start before the time al- lotted. Written comment.~ may be submitted rior to the conclu- sion of the subject hearing For more information, please call 765-1809. Dated: September 28, 1987. BY ORDER DF THE SOUTItOLD TOWN BOARD OF APPEAI,S GERARD P (;OEHRINGER, CIIAIRMAN Linde Kowalski, Board Secretary __C_h r i _s t_'; n a Contento of said County. being duly sworn, says Principal Clerk of THE SUFFOLK TI,' Newspaper, published at Greenpor~ of Southoid, County of Suffolk and York. and that the Notice of which a printed copy, has been re§ularl' said Newspaper once each wee~ weeks successively, commencing c dayof October 198 Principal Sworn to before me this day of ,~ L '- '/'/'t'c-'" '''( /:~ ,,,,.c '- Southold Town Board of Appeals MAIN RI'lAD- STATE RDAO 25 SDUTHDLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS 1987 October 8, S.E.Q.R.Ao NEGATIVE ENVIRONPLE~TAL DECLARATION GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3669 PROJECT NAME: MICHAEL AND ELIZABETH LADEMANN 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. This board determines the within project not to have a signifi- cant adverse effect on the environment for the-~asons 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: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Permission to locate new dwelling with insufficient setbacks from front property line line and from nearest wet~and qrasses LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Stillwater Avenue, Cutchogue, NY 1000-103-1-19.6 REASON(S) SUPPORTING THIS DETEt~INATION: (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) 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. FOR FURTHER INFOrmaTION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant o~ his agent on the Town Clerk Bulletin Board. (3) The relief requested is a setback variance as regulated by Section 617.13. 6 NYCRR, SEQRA. and posted mc NOTICE OF HEARINGS . NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS; at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY on THURSDAY. OCTOBER 8. 1987 at the following times: 7:35 p.m. Appl. No. 3651~ ~. (Recessed from 9/10/87). 7:40 p.m. AppL No. 3592- BENTE SNELLENBURG. (Recessed from 8/20/87). 7:45 p.m. Appl. No. 3668- GERARD C. KEEGAN. Variance to the Zoning Or- dlnance, Article XI, Section 100-1lg:l(C) for approval of con- struction of fence in the easter- ly frontyard area at a height of six feet. Location of Property: West Side of Founders Path and East Side of Hobart Road; Southold, NY; County Tax Map Parcel No. 1000-64-4-10; Founders Estates Lot 39. 7:50 p.m. AppL No. 36~57t' CLYDE FRITZ. Varlance.to~h¢ ~nce' Article 111 Section 100-31 for approval of iqsufficient lot area, width, and depth of two proposed parcels fronting along the westerly side of Cedar Lane, Soutbold, NY;, · County Tax Map Parcel No. 1000-78-7.45.1, containing a total area of .694 of an acre. 7:55 p.m. Appl. No. 3663- COUNTY OF SUFFOLK STATE OF NEW YORK 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 'l'raveter-Wa1~hm.in once each week for / weeks successively, commencing on the ...................... w.3_C¢ Sworn to before me this ..................... cia,: ...... .......... 8:35 p.m. AppL No. 3670- ROBERT H. FREY. VarianCe to the Zoning Ordinance, Article XI, Section 100-119.2 for per- mission to locate open deck con- struction with an insufficient setback from existing bulkhead at Harbor Lights Estates, See~ tion l, Lot 10, Southold, NY; County Tax Map Parcel No. 1000-79-04-08. 8:45 p.m. Appl. No. 3669- Notary Putllic MARLO CASTELLL Variance . ~'qdlCHAEL AND,/ to the Zoning Ordinance, Arti- /' ~H LADEMANN t,~ ;lreoJll'o?:~'g°nnals0~ex~s0tsf~rf~ [ ~?~an~;Ts~r°t~e i~L.rang cessive size in this "A-40"' [ m , e Il, Sectmn\ Residential and A ricultural 100-31 and Article XI, S~ction .Z~,ningDistrictand:vertising/ ~ :~-119.2 for permission to/ ' Landscaping & Sprinklers by I \ locate new dwelling with insuf- Forever Green:' Location of Ificient setbacks from the nor- Property: Soulh Side of North Jtber!y front property line along ] Road (c.R. 48), Peconic, NY; ]a private right-of-way and from County Tax Map Parcel No. / the nearcst wetland grasses, 1000-69-4-1.3 /pre. mises known and referred to 8:10 p.m. Appl No. 3653- / asLotNo. I, Map of Blum and / NORTH ROAD ASSOCIATFS 1,. Littell, located along the East~ {Recessed from 9/10/87) ' ~1 Side of Stillwater Avenue, Cut-{ 8:15 p.m. Appl. No. 359~ and ] chogue, NY; County Tax Map~'-~ No. 36.,9- QUIET MAN INN, [ Parcel No. 1000-103-1-19.6. ' (Both hearings recessed from ] The Board of Appeals will~ 9/10/87). [ ~jo~ts o~id time and place all · 8:25 p.m. Appl. No. 3664- A~A ~ p~n reprcs~mtativ~ de, ir- \ .G.. STILLQ. Yarian~ to r~ind [ ~omba~t~rd in each of the \ prior decision rendered undo' I ~ ers. Each hearin~ ~ill Appeal No. ~562 on l~'cember I not start I~fore the time allot- I1, 1986 for a Conditional ap-I~ t~. Written comments may be proval under New York Town[~ s.uhmitted prior to the con¢lu- ' Law, Section 280-a, and d~qetimt ~ I sion of the suhje~ hearing. For Condmon No. 2 of prior deci~-'[ more informatton, please call'/ 3619 on April 2, 1987, and as an : alternative being subject to New ~' ~- BY ORDER OF THE York Town Law, Section 280- over the existing right-of-wa approximately 100 fi. to the east of the subject right-of-way (ap- proved or to be approved and accepted by the Planning BOard for this set-off division of land), located along the north side of Main Road, Orient, NY; Coun- ty Tax Map District 1000, Sec- tion 14, Block 2, Lot 26and Lot 12.2. SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary IT-I0/1/87(65)37- 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 RI-lAD-STATE ROAD 25 SDUTHDLD, L.I.. N.Y. 'l'l'=J?'l TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date cf 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 fra'e to call our office, 765-1809. Yours very tr, ulv_,~ ~ Gl~RARD P. GOEHR[NGER ~ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk I)OARD OF APPEALS, TOWN OF SOUTHOLD in the Matter or' the Petition of Michael & Elizabeth Lad~mann to the Board of Appeals of the Town of Southold TO: Mr. Edward Brush Stillwater Avenue Cutchogue, New York 11935 YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT Mr. & Mrs. Steven B. W~DPERTY OWNER Stillvrater Avenue Cutchogue, New York 11935 Reynold Blum& ano 122 Cross Road Oakdale, NY 117t9 1. Thane intention of the undersigned to petition the Board of Appeals of the Town of Southolc[ to request a (~a"ri~(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- Lot ~1, Minor Subdivision of Blum and Littell cribed as follows: District 1000, Section 103. Block 01, Lot 19.6 3. That the property which is the subject of such Petition is located in the following zoning district: A-Res/Aqr icultural 4. That by such Petition, the undersigned will request the following relief: Variance for 20' ~ front yeard set back and Variance for Wetlands set back of 41' / 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare ArticlesIII, XI, I Sections 100-31, 100-119.2, 97-13 (3) [ ] Section 280-A, New York Town Law for appr0va] of access over r~ght(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) 765-1809. 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: September 3, 1987 Michael & Elizabeth Lad~nann Petitioner Owners'Names: same Post Office Address 645 Pine Neck Road Southold, New York 11971 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS COUNTY OFSUFFOLK) R1 i~ah~f.h T~m~qn , residing at 645 Pine N~k Road, Southold, New York , being duly sworn, deposes and says that on the day of ~:,=pf.~m]-~r ,19 87 , 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 ~,m~-hr~,q: T~T~w VnrV ; that said Notices were mailed to each of said persons by (certified) (r~) mail. Sworn to before me this ~7/ day of ~.~..~.. , 19 87 Notary Public h~lizabeth L~d~m3nn IIOTARY/NJBLIC. S~te d IMJ YIdl (This side does not have to be completed on form transmitted to adjoining property owners.) $110R~ F.N,V1ROfIHENI'AL }.~;IqLtff }'OhFI .~NST'~UCTIONS~ (n) ~ Orde~ %o ~n~wor tho quo~t, ion:l in thl~ :H~ort EAF 1~ 1~ oo:mm,~d ttmm tho ~ro~ater will u~ currently ~vailablo info~'~tlon concerning cho project and tho ~r otho~ investigations w~l bo t~dort~Kon. cc~plotod Enviro~ontol As~ossmont Fo~ la lltlcc~sa]7. (c) If all guostions hovo boon anowered ~o It 1~ likoly ~y.~ th?~ prol..ct 1~ 1, W~i project roost In a la~ao physical clmnao to the project oito or phy~ically alt~r ~or~ than 10 acr~o o~ land? . . · . . WIll thoro bo ~ ~Jor chnnEo to ~ny ,nliquo O~ unusual lana fo~ found on tho oit~? . Will project altor.o~ have n lar&u of£,ct on an oxiutlnB body of wutor? · . W~ll project have a potonttall~ largo lmpacb gro~dwater quality? , . . . ~. W~i pro~ect sl~iflcantly, offuct drainage ~. Will project affect any tl~oatun.,I or ~ndan ~-plant or anL~xl species? , . . . . ?. W~i pro,oct res~t in a ~raJor miv,u-.m ell'cci on air quali~7? . . , . , . . 8. W~I project havo's mm Jot effect cn vl:mul chur.- Will pro~oc~ adversely l~pact uny sit. or ere of hl~torlc~ p~o--hlstoric, or paloon~ologlcul importance or any site dosignat~d as n onvlronmon~l area by a local ol{u~cy? . . 10. W~i project haw a ~Jor'offoct On oxlot~g future recreational opport~nitiuo? . . 11. Will proJoct.r~sult' in ~%Jo~- tr:~f£1c problem:~ 12. Will ~ro~oct regularly cau:~o ub h~tionable Will project have any impact on public health or sa forT? l&. Will project ~ffoct ~ho uxl~in~ ('om.~un~c7 b7 1~. 1~ there publ.c co~t~ovura7 cm~cer, ~ ,, Y.?~ ~to September .2~ ,. _~ 9,8 7 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS TO Tile 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.. ._ar alter land contours? Z.a) *b) 3. 4. 5. Are there any areas wn]cn contain wetland grasses? (Attached is a list of the wetland grasses defined by ~ ~n Code, Ch. 97 for your reference.) N! there any areas open to a waterway without bulkhead? Yes Are there existing structures at or below ground level, such as patios, foundations, etc? Yes Are theFe any exis$ing or proposed fences, concrete barriers, decks, etc? 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 Yes Yes Yes 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. 7. Are there other premises under your ownership abutting this parcel? If.yes, please submit copy of deed. 8. Are there any building permits pending on this parcel (or abutting land under your ownership,-if any)? State Permit # and Nature: 9. Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning. Board aoorovedsubdivision 6/22/81 Town Board Town TrUstees Waiver qranted 8/27/87 County Health Department approval obtained 6/1/87 Village' of Greenport N.Y.S. D.E.C. .approv~lpendin~ Other ]0. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract). ]]. Is new construction proposed in the area of contours at 5 feet or less as exists? ~- 12: If new construction is proposed in an area within 75 feet of wetland grasses, or land area at a~ eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? 13. Please list present use or operations Conducted upon subject prgperty at this time v~cant land and proposed single family dwelling' *Please submit photographs for ~he record. I certify that the above statements are true and re]iance by the B~ar~ of Appeals in considering ~gna~uFe (Pro~er~y Owner) (Authorized Agent) Elizabeth Lademann the Yes Yes Yes Yes Yes Yes Yes Yes Yes are being submitted my application. for § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- Tho 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: (I) 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 t/de are covered by tidal water:~ to a maximum depth of five (5) feet, including but not limited to banks, bogs. salt marsh, SWamps. meadows, flat~ or other Iow lying lands subject to tidal act{on; (2) Ail banks, bogs. meadows, flats and tidal 'marsh : subject to such tides and upon which ~rrows or may grow some or any. of tile following: salt hay. black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and law march cordgrass; and/or (3) All land immediately adjacent to a tidal wethmd as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of tile nmst lamlwai.d edge of such a tidal wetland. FREStlWATER 'WETLANI)S: (1) 'Freshwater wet ands" as defined in Artid,: 2.1, Ti- tle 1. § 2-1-0107. Subdivisions l(a) to l(d) inclusive, of the Environment~d Couservation Law of the State of New York; and (2) All land immedhltely adjacent to a "freshwater wet- land," as defined ill Sul sectmn B(1)and lying with- in seventy-five (7.5) feet landward of the most land- ward edge ofa"f, osh,,- , , , IL 9705 ~oO~- FORM NO, 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Certificate Of Occupancy No. ~.1:~.7.6. 6. .......... Date ....S.e.p.t. :. ! .2 .................... , ! P ~ 9. 1 VACANT · ...... ..... .................. ...... i Ziiii-- Location of Pro err ...PI,Q,~,..o.f.~: ~.Lw. at, e;,' A~e.L.' ' '" :" ,ous~ ~vo. ' ' Street Hamlet County Tax Map No. ]000 Section. ' ...... 103 '"B]°ck '"1"'i ...... 'i'i .......... LOt''I'~[~O i' Subdivision .............................. Filed Map No ...... Lot No.r'' ........ conf6rms substantially to the applicable proMtsions of t. he Zoning~.. ~ Code of the Town of Southoid. The premises are located in the ....... "A" He:~idehtial-Agricultural Zoned District and may be used.. for such uses as are presently authorized by the Zoning Code in such. district subject to, however,, all of the. requirements of the Zoning.. Code. ThcccrlifJcatcJsissucdlo .. Blum & Littell (ownec ~Xg~gCq~g~f~X of thc aforesaid .lot..- Building Inspector DIST. 1000 SEC. 103.~0 BLOCK LO0 LOT 019.006 THIS INDF_.NTURF~ made the / dayof May ~n~dredand eighty-five BEI~VEENGLORIA LITTELL, residing at 705 Blue Ridge Drive, Medford, New York, and MARILYN BLUM, residing at 122 Cross Road, Oakda]e, New York, party ofthefirstpart, and MICHAEL J..J~ADEMANkq and ELIZABETH A. wife, residing at Box 614~c~, ~$w~or~, - party of the second part, WITNF--.$$1ZTH, that the party of the first part, in consideration of TEN DOLLARS valuable consideration LADEMANN, his l JUN ? 1985 l'O,,, °rFp TAX COUNTY and other ~x lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being~t~ at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Sti]lwater Avenue, 227.62 feet southerly from where the southerly line of ]and of Kosciusko intersects the easterly side of Stil]water Avenue; RUNNING THENCE along the southerly line of a certain 25 foot right of way North 67 degrees 05 minutes 40 seconds East, 287.54 feet to a point THENCE South 31 degrees 08 minutes 20 seconds East, 100.00 feet to a )oint; South 48 degrees 14 minutes 50 seconds East, point; THENCE South 87 degrees 00 minutes 30 seconds West, point on the easterly side of Stillwater Avenue; THENCE along the easterly side of Stillwater Avenue, 03 minutes BEGINNING. 121.70 feet to a 310.00 feet to a North 54 degrees 20 seconds West, 120.79 feet tO the point or place of TOGETHER with a Right of Way for ingress and egress to and from Stillwater Avenue over a certain 25 foot strip of ]and which abuts the above described parcel on its northerly boundary, and which said right of way is more particularly bouhded afd described as follows: BEGINNING at a point on the easterly side of Stil]water Avenue, 198.62 feet southerly from where~%e southerly line of land of Kosciusko intersects the easterly side of Sti]lwater Avenue; running thence North 67 degrees 05 minutes 40 seconds East, 753.71 feet to a point; thence South 31 degrees 08 minutes 20 seconds East, 25.26 feet to a point; the~ South 67 degrees 05 minutes 40 seconds West, 742.22 feet to a point on the easterly side of Sti]]water Avenue; thence along the said easterly side of Stil]water Avenue North 54 degrees 03 minutes 20 seconds West, 29.21 feet to the point or place of BEGINNING. TOI~Ie-THF.,R with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TO(iETH£R with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WlTNF~$ WHEREOF, the party of the first part has duly executed this deed the day and year first above written. GLORIA LITTELL MARILYN ~LUM On the I ~)' day of May '~ 19 8 5 , before me personally came GLORIA LITTELL and MART LYN BLUM to me known to be the indiv/dual$ described in and who executed the foregoing instrument, and acknowledged that they executed the same. JOHN J HALLERON Iii Note~ Public, S~1~ of New York No. 52-673~;800 Qualified in Suffo k County CommiesJon Expires March 30, !~8G STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YORI~iUNTY OP On the day of personGlly came 19 SS: , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he,. said witness, at the same time subscribed h name as wxtness thereto. RECORDED AT THE REQUEST OF SUPREME ABSTRACT CORP. Bargain ale Dee WITH COYENANT A~AINST ~gANTOa'$ A~F$ TITLE NO. GLORIA LITTELL and MARILYN BLUM TO MICHAEL J. LADEMANN and ELIZABETH A. LADEMANNr his wife STANDARD FRKM M NEW YORK BOANi OF TITLE ONBEtWlII1[16 Distributed by CHICAGO TITLE INSURANCE COMPANY 5EGTION BLOCK LOT COUNTY OR TCWN SUFFOLK Re~orded mt Request o~ CHICAGO TITLE INSURANCE COMPANY Return by Mail to MICHAEL J. HALL, ESQ. Youngs Avenue Southold,New York 11971 Zip No. I'- ._ . ~ .... L.~..~ _ ~ ~,.-~ . 1~) COUNTY OF SUFFOLI( ....... · .... ..... ~ - ~., ~. - ~ ........ ~ Reap Pro~erty Tax Service AO e