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HomeMy WebLinkAbout3020Southold Town Board of Appeals I~AIN ROAD- $:::TATE ROAD 25 c:OUTHOLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3020 Application 'Dated July 29, 1982 TO: Abigail A. Wickham, Esq. for Alice G. Levien Wickham, Wickham & Bressler, P.C. Main Road Mattituck, NY 11952 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on September 30, 1982 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 [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III , Section 100-30A, 100-32 [ ] Request for The public hearing on this application was held on August 17, 1982, at which time testimony was taken and the hearing was declared closed pending deliberations. Upon application for ALICE G. LEVIEN, by Abigail A. Wickham, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A for permission to construct storage building on a vacant lot. Location of Property: Subdivision Lot No. 25 of "Map of Moose Cove," Filed Map No. 3230; Beebe Drive, Cutchogue, NY; more particularly identified as County Tax Map District 1000, Section 97, Block 7, Lot 9. The board made the following findings and determination: By this appeal, appellants seek a variance to Article III, Section 100-30(A) of the zoning code to permit a storage building on a vacant parcel (Subdivision Lot 25) immediately adjacent to appellants' dwell- ing parcel (Subdivision Lot 26). Inspection of the premises discloses that each of the parcels owned by appellants contains an area of 40,000 square feet with 100' road frontage. Existing on the northerly parcel (Lot 26) is a private one-family dwelling; the southerly parcel (Lot 25) is vacant. Both parcels are part of the Subdivision entitled, "Moose Cove" which is contained within the list of excepted subdivisions at Section 100-12 of the zoning code. Section 100-32 of the zoning code permits accessory buildings and structures in the rearyard, accessory to the principal dwelling on a parcel. Appellants in this appeal assert that this structure will be for the purposes of storage and accessory to the appellants' dwelling on Lot 26, and that the reason that an accessory structure cannot be located on the dwelling parcel (Lot 26) is due to the past history of extensive flooding. Photographs have been submitted for the record in support of the reasoning of appellants. For the record, it is noted that appellants have previously applied to this board for the same relief under Appeal No. 2985, which was denied without prejudice on May 26, 1982 under the previous circumstances. (CONTINUED ON PAGE TWO) DATED: October 19, 1982. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3020 Matter of Alice G. Levien Decision Rendered September 30, 1982 It is the opinion of this board that the appellants have demon- strated practical difficulties with the new evidence submitted. In considering this appeal, the board determines the variance request will not caus~ detriment to adjoining properties; that the circumstances herein are unique; that the difficulty cannot be obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3020, application for ALICE G. LEVIEN for permission to construct a 10' by 16' storage building on Lot No. 25 of Subdivision entitled, "Moose Cove," SUBJECT TO THE FOLLOW- ING CONDITIONS: 1. That there shall be maintained a 40-foot sideyard setback from the northerly property line and there shall be maintained a 50-foot sideyard setback from the southerly property line; 2. That this structure shall be located in line with the back line of the applicants' dwelling on the adjoining northerly lot; 3. That in the event at any time in the future this proposed storage building on this vacant lot is to be occupied as a principal building, i.e. dwelling use, the same must conform with all front, side and rear yard requirements of the code for principal buildings. Location of Property: West side of Beebe Drive, Cutchogue, NY; Moose Cove Subdivision Lot No. 25; County Tax Map Parcel No. 1000- 97-7-9. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. RECEIVED AND FILED BY THE SOUTHOLD TOWN CT.~RK APPROVED Chairman Board of A~peals SouthoIcl Town Board of Appeals MAIN ROAD- E~TATE REIAD 2S SOUTHE]ILD, l.l., N.Y. 11971 TELEPHONE (5 6~ 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGEE CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS ,JOSEPH H. SAWICKI NOTICE IS F~EP~EBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southotdf-- the following matter will be held for public hearing (in addition to those previously scheduled) on Tuesday, August 17, 1982, at the Southold Town Hall, Main Road, Southold, New York: 7:55 p.m. Application for ALICE G. LEVIEN, by Abigail A. Wickham, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A for permission to construct storage building on a vacant lot. Location of Property: Subdivislon Lot No. 25 of "Map of Moose Cove~ Filed Map No. 3230; Beebe Drive, Cutchogue, NY; more particularly identified as County Tax Map District 1000, Section 97, Block 7, Lot 9. Dated: August 6, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF _APPEALS GERARD P. GOEHRINGER CHAZRM~N By Linda Kowalski, Secretary Please publish Thursday, August 12, 1982 and forward affidavit of publica- tion to: Board of Appeals, Main Road, Southold, NY 11971, on or before August 16, 1982. Copies to the following 8/9/82: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Abigail A. Wickham, Esq. as attorney Town Clerk Bulletin Board TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS. TOWN OF SOUTHOLD, N. Y. APPEAL DATE. J~ ly....~..~, ...19.8 1, Orff~ ..... A~ ~E...~.....~V.i~N: ........................ of ......... B.e ehe...Dr.i-.~ ...................................... Name of Appellant Street and Number ................. .C. 7j,t...c.~_o,g.~.e..~' ................................................. Ne..w....%.o...r_k.. ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ALICE G. LEVIEN Name of Applicant for permit of ............... .B..~ .e.b,e.....D.r%y..e.~ ,....Gu.t. ch. Qg.~.,...~.~.w...Y.o.~tk. ..................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO CONSTRUCT STORAGE BUILDING ON VACANT LOT 1. LOCATION OF THE PROPERTY ..~..9..~..~.B...e..e.~.~`~..D"z.:.i~.v..~.~.A~.c..h.~.~.u..e..~""~.9.~`.`~..~97..~`Zz~9 ...... Street Use District on Zoning Map #3230 ~/25 Map No. Lot No. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sectior ana Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) A~c!e III, Section !O9~OA 3. TYPE OF APPEAL Appeal is 'nade herewith for (X) A VARIANCE tc 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 of the Building Inspector or with respect to this Droperty: Such appeal was ( ~ request for a special Dermit (X) request for c variance and was made in Appeal No...2.9.8.5 ...................... Dated .Ma.y...6.,...1.c~82. .................................. PREVIOUS APPEAL A ~rewous appeal (has) (~gf.~s~been made with respect to this decision ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that applicant wishes to construct a vacant lot for storage of garden equipmenn. tool shed on ~orm z~z ~¥ ~[ ~, other side) REASON FOR APPEAL Continued 1 ~TRICT APPLICATION OF THE ORDINANCE wauJd produce practica[difficulties or unneces- sary HARDSHIP because there is no suitable place to construct the shed on my adjoining residence parcel. The rear yard is subject to flooding during winter tides° The front yard contains many plants and shrubbery and would be an inappropriate location for a tool shed, even if attractively designed. Locating the shed in the front yard of the residence parcel would also require a variance and would probably detract from the value and appearance of my residence lot. The vacant lot is largely wooded and is immediately adjacent to our garden. Locating the shed on the -vacant lot would be un- obtrusive and incidental to the use of both lotso 2 The hardsh p crea~ea is UNIQUE and is not shared my all properties alike in the immediate vicinit~ of this property and in this use district because my husband and I own the vacant lot adjoining our home. 3. Yhe Variance wouic observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the shed would not be visible from the road nor would it interfere with the neighbaring lot to the south. COL NTY OF SUFFOLK ) Signatur& Alice G. Levien Sworn t~ this ........... ~.~..! ............. day of ......... Ju.Tby.~ ............................... 1982 Notary Public FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD~ N.Y. NOTICE OF DISAPPROVAL File No ................................ To .... ...~.. ~.....~.......~...~..'..~... ......... ?~....¢.q.~ ............. .............. .~.~..~..L.4..~ .... ~:... PLEASE TAKE NOTICE ~at your app~cation dated ............. ~...~.., 19(~ for pe~it to con~tmct... ~Ct:~.. ~~... ~...~ re~~ .... '... at Location o f Prope~y ~ ~Y~ ~ ~o,~y~a~,~o.~000~o, ..... '-~7.-~o~ ........ ~...~t ...~ ........ ~o~..:~.. ~ :~,~o.. ~:~ ....... ~ot~o..~ ............ is returned herewith and disapproved on ~e follow~g gro~ds .... ~ ~.. ~.. ~ ~. Building Inspector RV 1/80 RECEIVED OUL ~ 91982 TOWN OF SOUTHOLD, NL~/ YORK ~PPEAL FROM DECISION OF BUILDING INSPECTOR TOWn Cle~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~.~-~'~ DATE'~t~ ........ 1, ~ ..... ,'~ ~.~. · ,g '~. · .~V: 'Z~N ........................ of ......... ~e~..Dz'.t.ve~ ........................................ Name of Appellant Street and Number .................... C..~.!;.~3.~.~3A~, ................................................. H&w'...~,~. ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of ............... ~eb.~..g~£wsx~.. Cu~:~.hn~te.,...Naw...Yo:r.k. ..................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO CONSTRUCT STO~AGE BUILDING ON VACANT LOT 1. LOCATION OF THE PROPERTY .~.~.~). ~.~#~ ~;I,.~.~.~...(~.~.~..~I~,~.~.......~..~.0..0..T.~.[.T.~Z.~. ...... Street Use District on Zoning Mop ~3230 Mop 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.) 3. TYPE OF APPEAL Appeal is made herewith for ( )0 A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (~,,~l~Z~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 (X) request for a variance and was made in Appeal No...Z..~...~..~ ...................... Dated .~J~Y...~.,....~.~.~ .......................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that apDll¢~t vtlhe~ :o consl:~l; a tool vacant lot ~o~ storage of garden equ~Lpme~t. ~orm (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because =hare is no suJ,~:abla plaoe to construct I:~a shad on ~y adJo£n:L~5 residezme parcel. The rear yerd ~s s~JeGC ~o ~ood~g d~ng ~n~er ~des. ~e ~ron~ yard o~a~s ~ny p~an~s front yard of tha reaid~nce parcel would also require a variance and~ould probably da:tact fro~ tt~, value ~nd appearance ct my residence lot. The vacant lot is larsely wooded aud is immediately adjacent to our garden. ~ocat~g the shed on the ~cant lot would be un- ob~rusive and ~cLd~ntal zo the use of both lots. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because ~ ~u8ba~d ~'td [ ~ I:~a vacant: lot adjo£ning our horae. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CFtARACTER OF THE DISTRICT because t;b.~ shed woul~ l~ot. ~e v;L~-Jbla tCroill t~e road nor would i~ ~nt~r[era with th~ neighboring lot to ~he south, STATE OF NEW YORK ) COUNTY OF ~U~I'0~( ) Signature Alice ~. I,avian Sworn to this .......... ~--~:fi ........................... day of ............. J. Ul~, ............................... 1982 Notary Public COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 July 15, 1983 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning. Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Ernest E. Wilsberg Jerome E. & M. Dorothy Bloom Robert W. Gillispie, Jr. Madeline J. Heinisch Peter S. Terranova Anthony & Carmela Prisco Alice G. Levien Peter D. Pizzarelli Marguerite R. Wasson Alice G. Levien Mary Sayegh William Keinath Thomas & Jacqueline Occhiogrosso Michael & Annette Collins Andrew Pafitis Nicholas W. Ippolito Allen Ovsianik Theodore & Mel Metalios George & Natalie Weiser Harold P. Schwerdt J. Royal & Virginia Gifford Patnick Realty Corp. Ann Wyden & Peggy Heller John F. & Mary McF~ely GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner 2811 2977 2978 2979 2983 2984 2985 2986 3015 3020 3021 3023 3031 3038 3042 3044 3048 3059 3071 3076 3083 3084 3089 3102 Southold Town Board of Appeals MAIN RDAD- STATE ROAD 25 SOUTHDLD, l.l., N.Y. TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southotd, New York, hereby refers the following to the Suffolk County Planning Commission: xx Variance from the Zoning Code, Article III , Section I00-30A, I00-32 Variance from Determination of Southold Town Building Inspector -- Special Exception, Article , Section Special Permit Appeal No.: 3020 Applicant: ALICE G. LEVIEN Location of Affected Land: Beebe Drive, Cutchogue County Tax Map Item No.: 1000- 97-7-9 Within 500 feet of: __ Town or Village Boundary Line xx Body of Water (Bay, Sound or Estuary) East Creek __ State or County Road, Parkway, Highway, Thruway __Boundary of Existing or Proposed County, State or Federally- Owned Land __ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. ~s qr~nt~d COMMENTS: Applicant xxxx~xxX~ permission to construct storage building on ~ v~c~nt lot. Copies of Town file and related documents enclosed herewith for your review. Temp. Socret~ry, Board of Appeals Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 c::OUTHOLD, L.I.,tN.Y. 11971 TELEPHONE (516) 765-1809 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR SERGE DOYEN, JR ROBERT J. DOUGLASS JOSEPH H. SAWICKI October 21, 1982 Abigail A. Wickham, Main Road, Box 1424 Mattituck, NY 11952 Esq. Re: Appeal No. 3020 - Alice G. Levien Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Mrs. Alice G. Levien GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary 2¸0 6¸0 PREPARED PURSUANT RESOLUTION 46-197'4 RESOLUTION 189-1974 THE SUFFOLK COUNT JOHN V.N. KLEIN, MICHAEL j. GRANT, ~outhold Town Boar~f Appeals -9- OAugust 17, 1982 Regular Mtg. (Appeal No. 3017 - Florence Johnnidis, continued:) On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 3017, Florence Johnnidis, pending receipt of the distance from Sound Beach Drive to the accessory building in question. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3020. Upon application for ALICE G. LEVIEN, by Abigail A. Wickham, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A for permission to construct storage building on a vacant lot. Location of Property: Subdivision Lot No. 25 of "Map of Moose Cove," Filed Map No. 3230; Beebe Drive, Cutchogue, NY; more particularly identified as County Tax Map District 1000 Section 97, Block 7, Lot 9. ' The Chairman opened the hearing at 7:55 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: I have a copy of a survey showing a penciled-in section of the proposed placement for this accessory storage building which is approximately 50 feet from the lot closest to the house...from the line closest to the house, and 125 feet from the highwater mark. We also have a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in the area. Yes, I can see I made a mistake. It's 50 feet from the vacant lot to the south. Ok? Counsellor? ABIGAIL A. WICKHAM, ESQ.: Yes. Similar to the application that was before you a couple of meetings ago, but the Leviens relocated the loca- tion and wanted to submit some additional information in the application and the hearing tonight. Mrs. Levien is here and I'd like her to address the board and tell them, first of all, if you could describe the size of the proposed shed, its purpose and its location? MRS. ALICE G. LEVIEN: The size is 10' by 16' The location is roughly directly across from the existing house about 50 yards at the same level, about the middle of the lot, about 125 yards from the road, so it's totally screened. Oh, 125 feet. And it's strictly to store garden equipment and nothing else, for f'ertilizer and machines. MISS WICKHAM: Can you tell the board why there would be practical difficulty or hardship if you put the shed on your existing lot contain- ing the house. MRS. LEVIEN: We have a single-car garage, which is unusual for a · gust 17, 1982 Regular Mtg. S~uthold Town Boar~of Appeals -10- (Appeal No. 3020 - Alice G. Levien, continued:) MRS. LEVIEN continued: car if it's totally full of equipment. The yard does garage and there's no room on the side, and the house in that it has a very, very deep setback. flood up to the is rather unique MISS WICKHAM: Can you tell us a little bit more about the rearyard flooding? When does that occur? MRS. LEVIEN: At least a few times a year, mainly in winter when we have the high tides and the winds pull the water in. And it comes all the way to the garage and on occasion up to the house. Thank goodness, it hasn't come in yet. MISS WICKHAM: If the shed were located in the rearyard, what would the difficulty be? MRS. LEVIEN: Well, the flooding, the salt-water pollution and there's no room on the sideyard, so we couldn't put it there. MISS WICKHAM: And what is the difficulty of locating it in the frontyard? MRS. LEVIEN: Well, it would mean cutting down trees. The only feasible place to put in the frontyard would be 20 feet from the road, and it would also require a variance so that it's the same problem. MISS WICKHAM: And why do you feel the vacant lot is more suitable than the shed? MRS. LEVIEN: Because better elevation and it's totally wood completely screened. MISS WICKHAM: I see. Can you tell us why the application ...why you feel the application is unique? MRS. LEVIEN: Well, it's an unused lot which does belong to us. It's totally used as a garden area so that there are woodland walks going to it, but the house actually utilizes it...'~he continuity of the same garden. The rearyard does flood, and the shed would be incidental to the use of the property itself. MISS WICKHAM: Do you feel that the shed located in the proposed location would change the character of the neighborhood? MRS. LEVIEN: It's totally screened. It's set back from the road and it's completely away from the marshes. It's certainly less obtrusive than the frontyard, and the neighbors constantly stop and comment on the yard. They like it the way it is, and when we discussed putting a shed there, they all agreed to come in, you know, if they had to because they thought it looked so beautiful. It would be a shame to mess it up. It S~uthold Town Boar~of Appeals -11- August 17, 1982 Regular Mtg. (Appeal No. 3020 - Alice G. Levien, continued:) MRS, LEVIEN continued: would be very, very obtrusive in the frontyard. We would be perfectly willing to make conditions about taking it down if we ever sold either piece of property or anything else that you felt. And beside~'the building, and the usage would be the same, and it has the advantages... you're not putting up another house in the area so you don't have the cesspools, you don't have the plumbing, you don't have another well. MISS WICKHAM: Do you sell any of the products of your garden and use them for commercial gain? MRS. LEVIEN: None. MISS WICKHAM: That's just to basically give you an idea of what the purpose of the shed is and the problems of locating on the existing lot. I'd like to mention, and I think this application is distinct from some other applications that have made for accessory buildings on vacant lots. It's not a farm building which has particular code provi- sions which are appropriate only for farm buildings. Unlike some applications I believe that came up concerning boat owners that wanted to build boat buildings, the Leviens do own this property next to this lot, use it in conjunction with their house lot and it's not a ...while it's undersized in terms of acreage of the code, it's not a very small lot like I think a lot of those applications were dealing with. And it would be used for housing their equipment that they use on the house lot as well as the vacant lot. The problem of not being able to locate on that lot is they are deprived the use of that property even though they are paying taxes on it. It doesn't seem like the type of thing that would cause a problem or obtrusion into the neighborhood. The neighbors do not object, in fact they would probably object more if the shed were located in the frontyard. The house a unique feature that it is located much further back than the other houses in the neighbor- hood, and the rearyard is subject to flooding. If the board has any particular question, I would be glad to answer them. I think Mrs. Levien indicated and I would like to reiterate that they would be willing to condition the shed on the fact that it not be expanded without the board's permission, and that it be moved or relocated in the event that a residence were built on tha~ lot or if they sold the property so that they lost that unique aspect of owning the lot next door. MR. CHAIRMJkN: Well, to address the problem with the application in general, the entire board did go down and walk over both parcels of the property, and it appeared no one was home because we did knock on the door first. And I do attest to what you're saying about the frontyard area...the entire piece of property that the house is on is beautifully landscaped. We did pace off approximately where you were considering putting the proposed storage building. The board's feel- ing was basically, and Ihave no idea what their feelings are after your presentation, at that particular time, a suitable area could be .~ Southold Town Boa~of Appeals -12- August 17, 1982 Regular Mtg. (Appeal No. 3020 - Alice G. Levien, continued:) MR. CHAIRM_a~N continued: adjacent to the garage with similar screening, similar to the screening vo~ have around the fuel-oil tank that you have out there, or 'somethina of that nature, or-- MRS. LEVIEN: In the area that floods? MISS WICKHAM: I have a map of the house property if you would indicate what area you're referring to. MR. CHAIRMAN: Some place over in here (westerly along side the existing frame garage). " MISS WICKHAM: perhaps just Could you indicate where you have the flooding down more. MRS. LEVIEN: Flooding has come as high as this (up to center of garage). We have been there three years, and it has come up I would say at least a half-dozen times as far as this, and once it came up as far as this (up to the house). But this is most definitely in a flooded area. MR. LESSARD: This fuel tank that you have right here, does the water reach that? MRS. LEVIEN: Yes, it has. But we put in the fuel tank last year, and at this point we haven't had a problem. I don't know if we're going to. It is raised up a little bit. MISS WICKHAM: I did explore with them the possible locations on the side and right in the back and was advised that the flooding hits that area. MR. CHAIRMAN: Ail right, we were unaware of that; but of course because of the unique way the garage is constructed, we figured it would shield the storage building or in some way, from the house...you wouldn't see it that visibly from your deck 'area and that is the reason why the board had thought that was another feasible area. MISS WICKHAM: I don't even think they are that concerned about that as they are the flooding problem. They could certainly build it attractively or screen it. In light of that, I wonder if the board-- MR. CHAIRMAN: What the board's feelings are going to be? MISS WICKHAM: Yeah, it just seems that they have a lot here that really is no good and it's not going to hurt anything that I can see to put a storage shed there of 160 square feet. MR. CHAIRMAN: Well, let's see if there is anybody else that has ~outhold Town Boa~of Appeals -13- August 17, 1982 (Appeal No. 3020 - Alice G. Levien, continued:) MR. CHAIRMAN continued: anything to say. Does anybody else wish to be heard on this application? Is anybody opposed that would like to speak on the application? Any questions from any board members? (None) Vic, did you have ahything to say, since you went with us on the inspections? MISS WICKHAM: Since there is an instance that it did come up and we were talking about, we should put this map in your file and indicate that the "X" that you drew was where you thought the location might be. MR. CHAIRMAN: As another proposed location. MISS WICKHAM: And that the flooding does'come up beyond that. MR. CHAIRMAN: No problem. Would you like me to initial it? MISS WICKHAM: No. I just don't know what thoseo..perhaps that was from the previous hearing made where the notes were made in that area up in the front (of the photocoopy of survey submitted with the "X".). MR. CHAIRMAN: All right. Is there anything else you would like to say, Gail? MISS WICKHAM: tions-- I don't have anything to add, but if there are ques- MR. CHAIRMAN: Would there be any electricity run to this storage shed? MISS WICKHAM: No. MR. CHAIRMAN: And at this particular time you're anticipating a steel structure or wood structure? MRS. LEVIEN: A wood shed on a cement block floor. MR. CHAIRMAN: Any other questions from any board members? (None) All right, hearing no further questions or 60mments, I'll make a motion closing the hearing and reserving decision until a later date. MEMBER GRIGONIS: Second. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 3020 - Alice G. Levien. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolution was unanimously adopted. .IUDITH T. T[~RRY TOWN CLIRK RIGISIRAROI VirAl SI xIISIICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 29, 1982 To: Southold Town Zoning Board of Appeals JTT/bn Enclosures Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. ~0&'9 application of Alice G. Levien for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Disapproval from the Building Department; and ~h~¥vey. ~ 'Judith T. Terry ~ Southold Town Clerk WICKHAM, WICKHAM & BRESSLER, P.c. 516 298-8353 August 24, 1982 ard of Appears Town ol $oulhold Zoning Board of Appeals Town of Southold, Town Hall Main Road Southold, NY 11971 Re: Variance of Alice G. Levien Gentlemen: Mrs. Levien has found some photographs which show the flooding that occurs in their rear yar~ds during excessively high tides. She has told me that the tide has come considerably higher than the level shown in the photographs. Although the hearing has been closed, I would appreciate your reviewing these photographs and incorporating them into the applica- tion, since there were no other parties appearing who objected to the application. Sincerely yours, ~. Wickham AAW:kd Encls. Men~l'andum from.... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 To: ~r. Task~r From: Z.B.A. Office Subject ~- Alice G. Levien Date: 8/24/82 Attached is a complete file on the second application for firs. Levien for a storage shed on a vacant parcel adjoining their residential parcel at "Moose Cove," Cutch. Also attached is a ccpy of th.~ board's prior decision on the previous appeal No. 29~5 which denied the application on 5/26/82. We r~searched the elevations of this property, and the topographical map shows an elevation of 6' to 8'. The difficulty claimed was :~occasional flooding" from the bulkhead up to the center of the qarage. The sketch marked with an "X" is an alternative area which the board thought the shed could be constructed without a variance. The straw vote is the same as the oriqinal appeal. WtCKHAM, WICKHAM ~ BRESSLER, p.c. MAIN rOaD~ P.O. BOX 1424 mATTITUCk LONG ISLAND NEW YORK ~19~2 July 29, 1982 Southold Town Board of Appeals Town Hall Southold, NY 11971 Re: Application of Alice G. Levien Gentlemen: Enclosed are four copies of a revised map, showing the proposed location of the tool shed. This supersedes the map submitted with the application. Very truly yours, ~Ab i~ai~l ~ A. ~ckham AAW:ep Encls. NOT~' : ~ O T NO$. 6]'EON/Il s~,,-,,o~,~ co. )'~ ,vo. ~o~' a4 PROF£S$1ONAI. LAND SURVEYOR NEW YORK (WILLIAMSBURG) CONSEYL£A 8TREI~t' 11211 (~12) 384-180e TITLE GUARANTEE NOT TRANSFER.A. BLE TITLE SURVEY OF PROPERTY AT CUTCtIOG CERTIFIED COPIES ARE ON FILE WII'H AND GUARANTEED TO~ FOR Scuthold Town Board of Appeals August 6, 1982. ENVIRONMENTAL DECLARATION: Appeal No. 3~20.. Application of ALICE G. LEVIEN. Variance for permission to construct. storage building on a vacant lot. On motion by Mr. Goehringer, seconded by Mr~ Douglass it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of ~l~ce G. Levi.en: EiiVIRON~.~ENTAL DECLAP~ATIO~[: Pursuant to Section 617 13 of the N.Y.S Deoart-ment of .... l-onmental Conservation Act, Article 8 of the Environmental ....... ~zu~ Law, and Section 44-4 of the Southold Town Code, ..o~_c~ is hereby given that the Southold Town Board of Appeals has dete-~nined that the subject project as proposed in this appeal application is hereby classified as a Tvoe II Action, .not having a si?nificant adverse effect U~on t~ enviroD_ment for the following reason(s): - An Environmental Assessment in the Short Form has been sukmitted which indicates that no significant adverse effects were likely to occur should this project be implementad as planned. This declaration should not be considered a determmnation made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: Beebe Drive, Cutchogue Vote of the Board: Ayes: (Doyen' absent), Douglass, M~srs. Goehringer, Grigonis and Sawicki LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matter will be held for public hearing (in addition to those previously scheduled) on Tuesday, August 17, 1982, at the Snuthold Town Hall, Main Road, Southold, New York: 7:55 p.ra. Application fo~' ALICE G. LEVIEN, by Abigail A. Wickham, Esq., Main Road, Mattituck, NY for ~ a Variance to the Zoning Ordinance, Article III, Section 100-30A for permission to construct storage building on a vacant lot. Location of Property: Subdivisio ~ Lot No. 25 of "Mnp o~-~o~e-~C.~/a,'' Filed Map No. 3230; Beebe Drive, Cutchogue, NY; mo~e particularly identified as County Tax Map District 1000, Section 97, Block 7, Lot 9. Dated: August 6,1~2. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary 1TA12-4032 COUNTY OF SUFFOLK, ] STATE OF NEW YORK, ~ ss: ......... ?.~.0.~..G..u.~.~..a?.s0.~' ........... being duly Sworn, says that .h.e. ..... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said countyI and ~hat the notice, of which the o~nex~d is u printed copy, has been published in the said Suffolk Weekly Times once in each week, far ..... 011.~ .................. weeks successively c0mmeucing on the . ~.~.2° ..~~ .................. Au st .... 1 day of . .. ~ ................ ~ to .......... .......... ........... COUNTY OF SUFFOLK STATE OF NEM7 YORK SOUTHOLD TOWN BOARD OF APPEALS NOTICE IS HEREBY GIVEN, pursuant to S~ction 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following mat~er will be held for public hearing (in addition to those previously scheduled) on Tuesday, Au- gust 17, 1982, at the Southold Town Hall, Main Road, South- old, New York: 7:55 p.m. Application fo~ ALICE G. LEVIEN, by Abigail · A. Wickham, Esq., Main Road, Mattituck, N.Y~ for a Variance to the Zoning Ordi- nance, Article III, Section 100.30A for permission to consiruct storage building on a vacant lot. Location of Proper- ty: Subdivision Lot. No. 25 of "Map of Moose Cove," Filed Map No. 3230; Beebe Drive, Cutchogue, N.Y.; more parti- cularly identified as County' Tax Map District 1000, Section 97, Block 7, Lot 9. Dated: August 6, 1982 By Order of the Southold Towl~ Board of Appeals Gerard P. Goehringer. Chairman- By Linda Kowaiski,, 1T-8/12/82~ 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 o printed copy, has been published in said Long tsiand Traveler-Watch- man once each week for ........................ (. .............weeks successively, commencing on the /~'~ ~( ................. Sworn _to before me this ............. : ..................day of 19..~.;.~... N ot~'~' Public "J OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hail, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 July 29, 2982 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 3020 application o£ Alice G. Levien for a variance. Also included i~s noti£ication to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Disapproval £rom the B~ildi~,ng Department; and ~rvey. f/ -in< JTT/bn ~Judit: ~' Enclosures Southold Town Clerk WlCKHAM~ WICKHAM & BRESSLER, p,c. MAIN ROAD, P.O. BOX 1424 MATTITUCK LONG ISLAND NEW YORK II952 516-298-8353 July 29, 1982 Southold Town Board of Appeals Town Hall Main Road Southold, NY 11971 Re: Application of Alice G. Levien Very~truly you_rs, /A~0igail A. Wickham /ep Encls. Gentlemen: Enclosed please find the following in connection with the above application for variance: 1. Copy of disapproval 2. Application, in triplicate; 3. Notice to Adjoining Property Owner, with certified mail receipt and affidavit of service thereon; 4. Four copies of the survey; 5. Check to the order of the Town Clerk in the sum of $15.00, representing the application fee; 6. Short Environmental Assessment Form; 7. Wetlands letter. If all is in order, please place this matter on the agenda for the next meeting of the Board. APPEALS. TOWN OF SOUTHOLD in the, Matter of the Petition of : : ALICE G. LEVIEN : the ~mlrd of Aooeals of the Town of Southold : TO: M_rs. Helen Wickham NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ' . ). 2. That the property which is the subject of the Petition is located adjacent to your property and is desL cribed as follows: 990 Beebe Drive. Cutchogue. New York. North by Levien~ Suffolk CoUnty Tax MaD No. 1000-97-7-9 3. That the property which is the subject of such PetitiOn is located in the following zoning district: "A" AgricUlgMral an~ ~esidantial 4. That by such Petition, the undersigned will request the following relief: Permission to construct a storage, building on. vacant lot 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sectic~_ 100-30A 6. That within five days from the date hereof, a written Petition requesting the relief specified abov~ 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) 7o~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the ' Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 29 , 1982 Petitioner ALICE G. LEVIEN Post Office Address ~eebe Dr~ve - P.O, Row 992 NAM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mrs. Helen Wickham Box 954 Cutchogue, New York 11935 P35 2543392 REC~_T FOR CERTIFIED MAIL ~ I~[IRR~CE COVERAGE PROViDED-- NOT 1:08 INTERNATIONAL MAIL (See ~eve~se) S~NTTO ~ HELEN WiCKHAM STREET AND NO BOX 954 P,O, STATE AND ZIP CODE CUTCHOGUE, NY 11935 CERTIFIED FEE ~.~ ¢ ~ SPECIAL DELIVERY ¢ ~ RESTRICTED DELIVERY ¢ SHOW TO WHOM AND ~ S,OWTO W.OM 0ATE ~ ~ SHOWTOWHOMANDDATE ~ ~ ~ DELIVERyDELIVEREgWITHRESTRiCTED STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: . TCARF. N 13C~MAT.RRKT , residing at CJro~mn Rna d; C.,rrhr~E,o: Mow Ynr1~ 11935 , being duly sworn, d~poses and says that on the .c:~ day of .Tuly: ,19 R2 , 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~tt~ t~: Nmw (certified) ~ail. Sworn to before me this ~__.C~ day of July ~ ,1~ U Z Notary Public ; that said Notices were mailed to each of said persons by KAREN DOMALESKI l' plan= or a~.~= speciea? ..... · · - * · - ~~G: ~YA~a&I ~vV}~kham Applicant Attorney for Aoo.li¢~nt eTOWN OF SOUTHOLD $.HORT ENVIRONMENTAL ASSESSMENT FO July 28, 1982 (Today's Date) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: ALICE G. LEVIEN 990 m~h~ ~. - Cutchogue. NY 11935 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 ~dge 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. IX ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. See attached letter waiving permit. [ ] 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 your~,~ - .~ NEW YOF~K STf~E DEPA~_~'~ OF F~?~-£R0~'_~V~AL COKSKRV_a_TION Regr~a~o-~2~ t~ ..... Buildi=g 40, 'Stony ~rook, EY 11794 Robert F. Flacke Commissioner June 3, 1982 Charles S. Levien Antler La. and Beebe Drive Outchogue~ aN. X. 11935 Re: Dear i ~ ~; '~- --. , NO PERMIT NECESSARY - TIDgJ~ WETLANDS ACT Your letter dated 5/10/82-With ~-lans. Sir: This is to inform you that we have determined that your provosal to construct a 12' x 16' accessory structure to existing ~"esidence ' for storage of garden equipment Within 100 ft. or north side of Beebe Dr. on parcel 100+ ft. o£ Southold, Suffolk south of Autler La., Cutchogue, Town has been reviewed and that it has been found that no permit is necessary under Article 25 (Tidal Wetlands). v Assuming you have obtained any other ~pplic.able permit~, ycu may procee~ with 'your project. c. c. 1-File Very truly yours, D_~iE-~iN Regional Perak!t Administrator (1)