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Home My WebLink About2802 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SO'UTHOLD, N. Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ............................. ~Z.~..~.....~.4 For permit to ~ ....................................... at the premises located at .................................... E~ .. ~ ....~.~ ...~.ff.~ ...~.~. ~ ...... Street~Og~H~ Map .................................... ~ ............................................ Lot .......... 't':"':')~,.,,,.~ .................. ~ ..... is ~,.m~, h,~w,,~ ~nd ~,*~o~e, o. ,h~ ~o"ow~n~ ~ro.,d~ ....... ~.~..~. ...... ;A'~Z.(~.~u..e.C:~.~ ~C~ ... L.q.o.z ~.L ........... ~:~'...~... .~ ..... ~...~~....~. ............ Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appella,n~ Street and Number ...................................... ~.o...~..?,,~.~.~ .................................... ~.e..,W...,~.9..~.~ ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ........... z.T.r.z. ................. DATED ................................................ WHEREBY THE BUILDING INSPECTOR DEN~ED TO ( ( (X) Name of Applicant for permit of ?-.. E .................. ................................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Subdivide into two lots - to sell 1. LOCATION OF THE PROPERTY ..~...r..i...~..a~..~..e~.~R.~.~.a..d.~..~.~.~.~.a~.$~.n.~.B.~a..~¥.~.~.~.~si~e~%~ Street Use District on Zoning Map 90 ................................................ ~3.1.=32.= 3..3:=3& ....... Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicete the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 100-31 3. TYPE OF APPEAL Appeal is made herewith for (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 C~) (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 (Continue on other side) REASON FOR APPEAL Continued 1. STR CT APPLICATION OF THE ORDINANCE would produce practica~ difficulties or unneces- sarv HARDSHIP because present i~our lots of 100 ft, width do not mee-~ the requiremenzs of the Southold Town Building Dep~ 2 The hordsh,pcreoted is UNIQUE and isnotsnored by all ~r~erties aHke in the immedio~ vicinHy of this property and Jn this use district because Cedar Beach Park Hap of lots 31-32-33-3~ is not an approved subdivision map - therefore the present'four lots have to be made into two lets of 200 plus or minus feet mn width. ,Ha 3 The Variance would observe the spirit of the Ordinonce and WOULD NOT CHANGE ~- r CHARACTER OF THE DISTRICT because there are several homes built on Private Road to these lots at the old dimensions, , ~) ss .. COUNTY OF ) Signature'- -- ~ Notmrv Public L/ ~OTAR¥ P[J~LiO, ~a~ ~f New York ~e~ ~r~ March 30, tS.~~ ~T ~WtV 0~: $OUTJ~Ot~O. ~00' ,~ 1" )- 0 ' - L..of 2; / 'e 40,000 ~.;vJ', ,% g Applicant: State of Ne~ York DEPARSI~ENT OF EN~U~DNMENTAL CONSERVATION PUBLIC Uf2ARING NOTICE RUDOLPH DE t{~AN, PINE NECK t~DAD, SOUTHOLD, NY 11971 Project: Subdivide 74,800 sq. ft. parcel into two lots of 34,800 and 40,000 sq. ft. ~ iance requested from 40,000 sq. ft. requirement, located on north side of Orchard Lane and Breezy Path on south side of Dryads Basin and %~st side of Cedar Beach F~rbor, Bayview, Southold, Town of Southold, Suffolk County, New York. Permits: Tidal Wetlands, 15276-0366 Hearing: An adjudicatory hearing upon the application will be held on December 2, 1981 at 10 a.m. in the Southold Town Hall, 53095 Ma~n Road, Southold, New York 1197 Doc~nent Availability: Filing for Party Status: All filed documents are available for inspection as the Depaih~nt of Environ- r~_ntal Conservation, Office of Hearings, Room 213, Building 40, SUNY, Stony Brook, New York 11794, Telephone No. (516) 751-7900, Extension 258. Ali parties desiring to be heard at the hearing,o who have not already filed must file in writing with the Office of Hearings on or before November 25, 1981 a statem~_nt con~a~rti_ng"p~e6ise grounds for opposition, support or in- terest in this Project. SEQRA Status: Pursuant to Part 617 of the De~t's implementing regulations for the State Environmental Quality Review Act ("SEQRA"), it has been determined that this project will NOT have a significant effect on the environment. Statutory and Regulatory Provisions: Pursuant to Environmental Conservation Law Article 70 (Uniform Procedures), Article 3, Title 3 (General Functions) applications for the above Permits have been filed under Article 25 (Tidal Wetlands) and pursuant to the Of- fical Codes, Rules and Regulations of the State of New York ("6NYCRR") Part 621 (Uniform Procedures) and Part 661 (Tidal Wetlands--T~nd Use Reg- ulations. All Parties having an interest in this Project are urged to attend or be represented either individually or oollectivety at the hearing and to submit pertinent testimony and/or exhibits to insure cor~ideration of all positions and issues. The Depazh~ent's Decision will be based solely on the hearing record. The hearing may be cancelled if the filed objections are withdrawn or resolved. Stony Brook, NY Octoben7~ 20, 1981 A. Marshall Iruing Administrative Law Judge BoarO of/tpp a! Town of Applicant: Project: State · f New York DEPARTMENT OF ENVI~'~,~NMENTAL CONSERVATI0,~ PUBLIC H! ~RING NOTICE ~U~P0~PH DEH~, I~INE NECK ROAD, SOUTHOLD, N.Y. 11971 Subdivide 74,800 sq. ft. parc~ into two lots of 34,800 and 40,000 sq. ft. valance requited from 40,000 sq. ft. requirement, located on no~h side of Orchard Lane and Breezy Path on south side of Dryads Basin and w~t sid~ of Cedar Beach Harbor, Bayview, Southold, Town of So~thold, Suffolk County, New York. Pe~: Hea~ing: Docum~ Availability: Tidal W~ands 15276-0366 An adjudicatory hea~ing upon the application w'~ll be h~Id on Septemb~ 17, 1981 at 10 a.m. in the Southold Town Hall, 53095 Main Road, Soa~hold, New York 11971. All fdled docu~entz are avadlable for i~zspect~on az the Depa;~tme~ of Envd~onm, ental Co~vation, Office of Hearings, Room 213, Budlding 40, SUNY, Stony Brook, New York 11794, T~ephone No. (5161 751-7900 Extension 258. Filing for PaTv~y Statas: All p~ d~iring to be he~d at the hea~ng, who have not a~eady f,&~ed, m~t ~ile in wrying ~h the Office of Hea~ings on or before Septemb~ 11, 1981 a statement containing prezise grounds for opposition, suppo~ or inter~t in thds Prod'eot. SEQRA Stata~: Pu~uant to Pa;v~ 617 of the Depa~,t~ent's implementing regulatio~ for the State Envd~onmental O~ua~y Review Act ("SE~RA"), it has been d~mined t~at t~is project will NOT have a sig~,,~fica~ effect on the environment. Statutory and Regulatory Pro vd~ion~: P~uant to Env~onme~vtal Co~ervation Law g;~e 70 (U~ifo~ Proced~), ~e 3, T~e 3 (Gen~ Func- ~o~) app~c~or~ for the above P~ have been ~led under A~.e 25(Ti~ W~ands) and p~nt he Offi~ Cod~, R~ and Reg~o~ of the of New YOrk ("6NYCRR") P~ 621 ~U~fo~ Proced~) and P~ 661 (Tid~ W~an~--Land Us~ Reg~o~. ~ P~ havina an i~t in t~ Proje~ ~e ~ged to ~end repr~ented ~gh~ in~vidu~y or co.~e~v~.y ~t the being and to sub- ~ p~ne~ t~ony and/or ex~b~ to i~e co~id~on, of pos~o~ and ~su~. The Dep~e~'s De,ion wdll be b~ed sol~y the being record. The he~ng may be canceled if the f~zd obje~o~ ~e ~h~vn or r~olved. Stony Brook, New York Aught 21, 1981 A. Mac, hall Irving Ad~n~tTu~tive L~c' Judge Agenda Ite~or / ~!~A Chairman./Members ~,?u i!d in? DOD%. ~ .......... ~, ~oard ~ + cr his Agent ) -.-to . ~6rigina% for ZDA file C~%s or Reply Requested / copies 2850 OedarBeaoh Rd Southold,MY,119?l Septeaber 9,1981 Mr Charles T Hamilton Alternate Per,it Administrator New York Dept. of Envir~nmental Conservation ~. Bldg. ~40 Stony Brook.~Y.11794 Dear Mr Hamilton: M~Pat Brannigan and m~eelf,as adJaeent lando~ner~ would llke to go on r~eo~d as being opposed to the appli- cation of Rudolph De Haan of Pine Neck Rd,Southold,NY, ( Tidal Wetlands 15276-0~66), to subdivide ?4,800 sq ft into two lots of 40,000 sq ft and 34,800 sq ft. On the map of Ceda~ Beach ?a~k Mr Brannisan o~ne lot f's 29 and ~0, I own lot f's 20,21,22,2~ and We feel that all landowners should be tr~a~ed equally and that ~hen the zoning oalls for one sore ~tnimm lot size this should be maintained. If you a~e going to alloy soma landowners to build on less than one aox~,that privilege should be extended to all without dise~imi~ation. We believed the one ao~e soning vas intended to p~oteot the environment and minimize population deneity. If ~e a~e now going to deviate f~om this,ien't that self defeating? Unfortunately, the hearing on this matter ia soheduled for 9/17/81 at l0 am, Whioh is a wo~kday and we may not be able to attend. However,we would like this letter of opposition to beoon the Thank you. Pat Brauniga~ oo: Southold Town Zoning Boa~d of Appeals MAIN ROAD-C~TATE F~OAD 25 APPEALS BOARD MEMBERS CHARLESGRIGONIS, JR.,CHAIRMAN SERGE DOYEN, 3R. ROBERT 3. DOUGLASS GERARD P, BOEHRiNGER JOSEPH H. SAWlCK[ SOUTHOLD, L.I,, N.Y. llg?l TELEPHONE (516) 765-1809 August 17, 1981 Mr. William B. Smith 220 Mechanic Street Southold? ~ 11971 Re: Appeal ~o. 2802 Application of Rudolph DeHaan Property Located at Cedar Beach Park, Southold Dear Mr. Smith: It is our understanding that the above project as proposed in the subject variance application is still being processed by the D.E.C. and that a public hearing is antici- pated by their agency in the near future. The Board of Appeals does not wish to schedule this matter for a public_ hearing until this matter is cleared with the D.E.C. Yours very truly, CG:lk CHARLES GRIGONIS, JR. CHAIR24A~J ,7, APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Jcseph H. Sawicki Southold Town Board of Appeals MAIN ROAD- E~TATE: ROAD 2..5 BOUTHOLD. g.I., N.Y. TELEPHONE 1516) 765-1809 April 10, 1981 Mr. William B. Smith 220 Mechanic Street Southold, NY 11971 Re: Appeal No. 2802 Variance Application of Rudolph DeHaan Dear Mr. Smith: Please be advised that at a regular meeting held April 2, 1981, it was the consensus of the Board of Appeals that this matter first receive approvals from the N.Y.S. Department of Environmental Conservation and the Soutbold Town Planning Board (as to whether or not they will be considering this project to be a subdivision pur- suant to Chapter Al06 of the Code). Upon receipt of the above~ the Board will again consider this matter to be scheduled for a public hearin9 at the earliest possible date. Yours very truly, Linda Kowalski Secretary JUDITH T. TERRY TOWN CLERK REGISTRAR Ol VITAL STATISTICS [K TELEPHONE (516) 765-18(11 Southold, L. I., N. Y. 11971 March 19, 1981 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Trasnmitted herewith is Dehaan for a variance. owners, notice of disapproval from the building inspector, environmental assessment form, and wetland questionnaire. JTT/bn Enclosures Zoning Appeal No. Also included are 2802 application of Rudolph notification to adjoining property short Wdho, Smith 220 MECHANIC STREET P.O. BOX 146, SOUTHOLD, N.Y. 11971 {516) 765-3042 MAIN ROAD & SKUNK LANE CUTCHOGU E, N.Y. 11935 (516) 734-5657 LICENSED BROKER WATERFRONT PROPERTIES - HOMES LOTS & ACREAGE ESTATE AND COMMERCIAL PROPERTIES APPRAISING February 27, 1981 Mr. George Fisher Building Inspector Town of Southold The enclosed map of the property oZ the Rudolph De Haan property is being submitted to you for your approval or disapproval as a minor subdivision. William B. Smith Eric o INSTRUCTIONS: SHORT ENVIRONk~ENTAL ASSESSMENT FORI4 project is not (dj (a) In order to answer the questions in this short EAF ii is assumed that the preparer will use. currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this significant. E~vironmentol Assessment l. Will project result in o large physical change to the project site or physically alter more than lO acres of land? ...................... Will therebe a major change to any unique or -unusual land form found on the sit~? ........ ~?ill project alter or have a large: effect on existing body of ~vater? ............... win project have o pote tioiiy large ithaca' on groundwater quality? .................... .. Will project slgnificontly effect drainage fla, on adjacent sites? ...................... .o Will project affect any threatened or endangered plant or animal ~pecies? ......... Will project result in o major adverse effeEt ' on air quality? .............. · ................ ~ Will project have a major effect on visual character of the community or scenic views or vistas known to:be imporlont to the community?. Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental oreo by o local agency? ........... .~·.-~.v.v;~-~..u. Yes./~ No lO. Will project hove a major effect on exlstihg or future recreational opportunities? ......... Yes.~ No ll. Will project result in.major traffic problems o~ cause a major e~fect to e~isting transportation systems? ....................... Will project .regularly cause objectionable ' odors, noise, glare, vibration, or electrical disturbance as o result of the project's 12. Yes ~No · Yes.~No · Yes,,~ NO _ es kjo YesI ~NO operation? ......... ' ..................... Yes ~No' 13. wiii ProjeCt hove any impact on publicfi~i~A'1 ~' or .safely? ...... , ............................. ~ yes, .~ No 14, IVill p~oject affect the existlng community b7 directly causing o growth in permanent population of more than 5 perce9t over a one year period or have o major negative effect on the character of the community or neighborhood? ................................. .. Yes, ~No 15. Is there public controversy concerning the project? ...................................... Yes ~No PREPARER'S SIGNATU'R ' ~XY{ ~ (Today's Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of L_~0catiqn of Property: ~' Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. [ ] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely~yours, ~ . .v TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) PJ~DDT,PI-[..DJ3~LN ............................... of ....P.in~..N~ek..P~a~d ...................................... Name of Appellant Street and Number Southold Municipality ..~..e...w...Z.°.?...~. ........ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO...Z.T_-.:~.-..ZZ..-..T..- ........... DATED ....... .-..q..-..~.-..x.-...'-.r. .......................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of ,.2..2...0...~..e..~ h;gD. ~ .(:;1....~. ];.~..e..e..1;;. ,..... ~ O.U .t;;h Q .}...0.., ....... ..l~.~.. y. ~ .~.~ ............................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Subdivide into two lots - to sell 1. LOCATION OF THE PROPERTY Rri~te..~as~l..o£f..~ai~..Ba~ie~..~a~ui~Rezidential Street Use District on Zoning Map ............. .......................... .......... Map No Lot No. 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.) 100-31 3. TYPE OF APPEAL Appeal is made herewith for (×) 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 J~0J~ (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 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because present four lots of 100 ft. width do not meet the requirements of the Southold Town Building Dept. 2. The hardship crectedis UNIQUEand isnotshared by alt properties alike in the immediate vicinity of this property and in this use district because Cedar Beach Park Map of lo~s 31-32-33-34 is not an approved subdivision map - therefore the present four lots have to be made into two lots of 200 plus or minus feet in width. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there are several homes built on Private Road to these lots at the old dimensions. STATE OF NEW YORK ) ) ss ....... COUNTY O ) Signature Sworn to this ....................... J...~..~ ............ day of ........~..q~ .................. ry Public ELIZABETH ANN NEVILLE NOTARY pUBLIC, State of Hew Ym*k Ho. 52-8125850, Suffolk County Term Expires t~arch BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : : RUDOLPH DEHAAN : to the Board of Appeals of the Town of Southold : NOTICE TO: YOU ARE HEREBY GIVEN NOTICE: 1.Thatitistheintenti~n~ftheundersignedt~petiti~ntheB~ard~fAppeais~ftheT~wn~fS~uth~~d torequesta(Variance)(SpecialException)(SpecialPermit)(thefollowingrelief: Subdivide lots 31-32133-34 on Nap of "Cedar Beach Park" into two lots of approximately 200 ft. in width. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Lots 31-32-33-34 are northeast of your property on Private Road to Cedar Beach Creek, on map of "Cedar Beach Park" 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: To make the original four lots into two buildable lots. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Section 280A - 100-31 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, Southoid, New York and you ma), then and there examine the same during regular office hours. 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 h~at such hearing. Dated,~//? __ Petitioner William B. Smith Post Office Address 220 Mechanic Street Southold, New York ~1971 NAME Mr. Patrick Branigan PROOF OF MAILING OF NOTICF ADDRESS Private Road off Main Bayview Road Southold, New York 11971 Road z rew York 11935 STATE OFNEW YORK ) COUNTY OF SUFFOLK) SS.: ~C~..~:.(.Aj~t'/3/'r~- va, j..~, .belngdulysworn, deposes'and says that on the /C:~day of ~',"~/J~,~r~- ' ,19 ~-/ , deponent mailed a true copy of the Notice set forth on the re- verse s,cl[e h~reof, directed to each of the above-named persons at the addresses set opposite their respect've 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 ~ ~---~,~ ~ ~(~t.-~/C~ ~/~! · L~. : that said Notices were mailed to each of said persons by (certified) (reg~g~g~g~g~g~g~g~g~ered) mail. Sworn tO befgre me,this / ~'/~ , ELI~BETH ANN NEVILLE IiDI'ARY PUBLIC, State of New York No, 52-8125850, Suff0[~ County Term ExoireS March 30, 19~