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HomeMy WebLinkAbout2904DeBor~er~ _Thomas J. 11/5/81 #2904 44 2 15 ~gr~n~e~"~rm-is~i~'h'{6 6'6nstru~t'hew-~w-~iiih9 ...... N0~t'h's~de'°f-County-ROad 48S SoUthold ~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 S0UTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2904 Application Dated October 7, 1981 TO: Rudolph H. Bruer, Esq. Attorney for Appellant Main Road Southold, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on November 5, 1981, 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 100-31 and Bulk Schedule [ ] Request for 8:05 p.m. Application of Thomas J. DeBor~e~, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct new dwelling with insufficient front and side yard setbacks and exceeding the maximum permitted 20% lot coverage. Location of Property: North side of North Road, Southold, NY; bounded north by L.I. Sound; west by Bloom; south by C.R. 48; east by McMann. County Tax Map Parcel 1000-44-2-15. By this appeal, appellant seeks permission to construct a new one-family dwelling with an insufficient frontyard setback off County Road 48 of 15 feet, insufficient sideyard total of 25 feet, and exceeding lot coverage by approximately 96.50 square feet. The total square footage of the proposed dwelling with the rear deck is approximately 1296 square feet. The lot in question contains an area of approximately 5997.50 square feet, with 63.40 frontage along the county road and an average depth of approximately 94 feet. Applicant has submitted a copy of the Tidal Wetlands Permit issued by the N.Y.S. Department of Environmental Conservation (#TW 15277-0146) which restricts the location in which the new dwelling may be constructed to be 15 feet from edge of the road. Applicant also notes that he intends to construct the first floor 11 feet above mean sea level in this V-8 Flood Area. Public water is available, and approval was given by the Suffolk County Department of Health Services for construction of a septic system on the south side of the house (between the house and the road). Several of the homes in this area are constructed at a similar distance from the county road, and it is the feeling of the board that the character of the neighborhood justifies the granting of the relief requested. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, 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. (CONTINUED ON NEXT SHEET) DATED: January 5, 1982. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 Decision Rendered November 5, 1981 Appeal No. 2904 - Thomas J. DeBorger On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Thomas J. DeBor~er be granted a variance to the zoning ordinance, Article III, Section 100-31 for permis- sion to construct new dwelling with ten-foot rear deck with a frontyard setback off County Road 48 of 15 feet and insuffi- cient sideyard total of approximately 25 feet as applied for and SUBJECT TO THE FOLLOWING CONDITIONS: 1. County Health Department approval; 2. Referral to the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter. Location of Property: North side of County Road 48, Southold, NY; County Tax Map Parcel No. 1000-44-2-15. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. This resolution was unanimously adopted. APPROVED Board of Appeals Regular Meeting of November 5, 1981 Property: 3000 Delmar Drive, Laurel, NY; Laurel Country Estates Map No. 5486, Lot 37; County Tax Map Parcel Item No. 1000-125-4-13. 7:35 p.m. Application of William A. Rusch, 50550 Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32B for permission to construct raised deck on pool with an insufficient sideyard setback at 50550 Main Road, Southold, NY; bounded north by Main Road, east by Baker, south by Christian Science Society and Southold School District; west by Christian Science Society. County Tax Map Parcel Item No. 1000-70-2-13. 7:45 p.m. Application of Wilbur A. Baldwin, by William S. Midgley, Jr. as agent, 200 Skunk Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage in the frontyard area. Location of Property: 1725 Nassau Point Road, Cutchogue, NY; more particularly known as Nassau Point Club Properties Lot No. 1; County Tax Map Parcel Item No. 1000-104-13-2.4. 7:55 p.m. Application of Richard and Joan Zeisler, c/o Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY 11901 for a Variance to the Zoning Ordinance, Article III, Sec- tion 100-31 for approval of walkways around the perimeter of applicants' house with reduced frontyard and sideyard setbacks at 700 Jackson Landing, Mattituck, NY; Jackson Landing Subdivision Lot No. 9, Subdivision Map No. 5280; County Tax Map Parcel Item No..1000-113-4-9. B~~ruer 8:05 p.m. Application of Thomas J. DeBor~er, by Rudolph H. , Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for per- mission to construct new dwelling with insufficient front and side yar~ setbacks and exceeding the maximum permitted 20% lot coverage. Location of Property: North side of North Road, Southold, NY; bounded north by L.I. Sound; west by Bloom; south by C.R. 48; east cMann; County Tax Map Parcel Item No. 1000-44-2-15. Board of Appeals Regular Meeting of Novembe~ , 1981 8:20 p.m. Application of William and Margaret Killian, 5100 Private Road off Mill Road, Mattituck, NY 11952 for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Article XI, Section 100-tl8D for permission to construct accessory building in an area other than the required rearyard. Location of Property: 5100 Private Road off Mill Road, Mattituck; bounded'north by Holmes; west, south and east by'Mattituck Holding Co.; County Tax Map Parcel Item No. 1000-106-6-5. 8:30 p.m. Application of Allan C. Dickerson, Box 54, Main Road,'Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 and Bulk Schedule for permission to construct addition to existing building with an insufficient sideyard setback in a B-1 General Business District. Location of Property: Northwest corner of Main Road and Wickham Avenue, Mattituck; bounded north by Case; west by Winiarz Estate and North Fork Liquor Corp.; south by State Route 25; east by Wick- ham Avenue; County Tax Map Parcel Item No. 1000-140-3-34. 8:40 p.m. Application of Dorothy C. Fleet, 5 Carmel Ridge Estates, Trumbull, CT 06611, for a Variance to the Zoning Ordi- nance, Article III, Sections 100-30A and 100-31, Bulk Schedule, for approval of insufficient width of one parcel in a proposed two-lot division,, premises described as Pequash Acres. Subdivision Lots No. 3 and 4; County Tax Map Parcels No. 1000-103-12-7 and 1000-137-2-20; further known as 3505 and 3655 Pequash Avenue, Cutchogue, NY. 8:45 p.m. Application of Demos Menakis, by~ Richard J. Cron, Esq. for a Variance to the Zoning Ordinance, Article III, Sec- tion 100-30 and Bulk Schedule, for permission to construct new dwelling with an insufficient setback from Circle Drive at 980 Aquaview Avenue, East Marion, NY; bounded north by Aquaview Avenue; west by Circle Drive and Davies; south by Davies; east by Nicholis; County Tax Map Parcel Item No. 1000-21-3-11. 8:50 p.m. Applications of William and Helen Robison, 31 Rock- ledge Place, Cedar Grove, NJ by Abigail A. Wickham, Esq., for ~Board of Appeals Regular Meeting of Novembe 1981 --'----- 9:15 p.m. Application of Frank Curran, by Peter R. Stouten- burgh, 3075 Indian Neck Lane, P~conic, NY for a Variance to the Flood Damage Prevention Law, Chapter 46-8, Sections 46-17, 46-18, 46-19, for permission to construct improvements exceeding 50% of the market value of existing structure, with base floor below the 8-foot minimum elevation above mean sea level in a Zone A, at 780 Fishermen's Beach Road, Cutchogue, NY; Peconic Bay Properties, Inc. Filed Subdivision Map No. 286, Lots 26 and part of Lot 27; County Tax Map Parcel Item No. 1000-11i-1-16. 9:30 p.m. Application of Frances N. Frisbie, 175 Clearwater Lane, Cutchogue, NY for a Variance to the Zoning Ordinance Article III, Sections 100-30 and 100-35 for permission to construct tennis court and fence exceeding the maximum four-foot height requirement in the frontyard area at 175 Clearwater Lane, Cutchogue, NY; Nassau Point Filed Subdivision Map No. 156, Subdivision Lot 106; County Tax Map Parcel Item No. 1000-118-5-2. Dated: October 15, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD O¥ APPEALS Instructions to newspapers: Please publish once, Thursday, October 29, 1981 and forward affidavits of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971, on or before November 2, 1981. --x FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ ~o ~..~.~-~.....~~.o.~ ...... . .~_~ .o... S~ ~. ~..~. ~: ~../..~.~... . .~.9~ ~. M .~...... ~ ].~ ~.t Date PLEASE TAKE NOTICE that your application dated for permit to construct... ~ ~.l .I.i.~..~ ...................................... at Location of Property. ?.~.[ .~. ..... .~. O..~.T~...~.ro: .......... ~c¥'T. ~ .~...../~ .('77. House No. Street Hamlet[ County Tax Map No. 1000 Section . .(~...~..~.. ...... Block . .(-2 ~ ....... Lot . ~./.~.~ ....... Subdivision -'--'- Filed Map No ................. Lot No. --'-'-'--'~ is returned herewith and disapproved on the following grounds./../~. ~'C,,..~ .~'~./.~.' ( .............. · ..~r~...~..~....~.....~..~....~.~.~. .... ~.w.....~..~.....-w..-. ....... ..... xf~....-:-zz~ ..... .7~.%,../.,.~..--..~x ..... ~~,....~.y.,~..~. /~~.. ,,.,,fi~.~....~ .z'.~ ~.~~...o,.~....z. ~. ~ .~. ~ ...... RV 1/80 FORM NO. 1 T".")W~,.J 07: SOt~T~©LD BUILDING DEPARTMENT TOWN HALL 8OUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined ................ , 19... Approved ................ , 19... Permit No ............ i)isapproved a/c ....... : ............................ '. Application No ................ (Building Inspector) ~ APPLICATION FOR BUILDING PERMIT Date C~c~-T'" .2- 19 ~_ INSTRUCTIONS a. This application must be completely filled in'by typewriter or in ink and submitted in triplicate to the Buildi Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public stre~ or areas, and giving a detailed description of layout of property must be drawn on the dia~am which is part of this apg cation. c. The work covered by this application may not be commenced before issuance of Building Pe~it. d. Upon apprc':al of this application, the Building Inspector will issue a Building Permit to the applicant. Such peru shall be kept on the premises ava~able for inspection throughout the work. e. No building shall be occupied or used in whole or in pa~ for any purpose whatever until a Certificate of Occupan sh~l have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Pe~it pursuant to t Building Zone Ordinance of the Town ~f Southold, Suffolk County, New York, and other applicable Laws, Ordinances Regulations, for the construction of buildings, additions or alterations, o~ removal or demolition, as herein describe The applicant agrees to comply with all applicable laws, ordinances, bu~din~ code, hou~g code, and regulations, ~d admit authorized inspectors on premises ailS in buildings for necessa~~~s~~ ~~]iidt ~ ;; ~;;d;','if a corporation) ....... ~ ~ ~ .... q g ........... (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or build .L.....Q T?.< ................................................... ' Nmne of owner of premises ....'"~..~"tov~a,$. ~e ./~oR, c'/e'l¢ Co,,T'~ec~c'i" b'e,.,¢Je'e (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Nalne and title of corporate officer) Builder's License No ..... ~-..~r.. ¢ ............... Plumber's License No.. ?50 5..~.~.~..~.~ ..... Electrician's License No.' ~"~.. tff..'~ ~.~..O..~Q. J.' Other Trade's License No ...................... I. Location of land on which proposed work will be done. House Number Street Hamlet County Tax Map No. 1000 Section ....... .~..~ ....... Block .... .'QT. ............ Lot.../~. .......... Subdivision "-'---' Filed Map No ............... Lot ...; .......... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .k/~+-~.~. C.xo. 4~..'~.~. .. :. ~/%-~' ~ . b, Intended use and occupancy ...~..e. gal...//.....~.q!?.:'.Z.,y..../~.~,,.5 .......................... .... 3. Nature of work (check whict, app lc): New Building .......... Addi .......... Alteration ......... '.. Repair .............. Removal .............. Demolition .............. Other Work .............. /~ .~. ~ (Description) ' Estimated Cost c~o c~ .................................. Fee .......................... · . (to be paid on filing this application) ;. If dwelling, number of dwelling units ... ~ .......... Nmnber of dwelling units on each floor ............... If garage, number of cars ~ i. If business, commercial or mixed occupancy, specify hature and extent of each type of use ...~ ................ ~. Dimensions of existing stmctures, if any: Front ~ ~ Rear ~ Depth .~ ............ tlei~t ~ Number of Stories Dimensions of sa;ne structure with alterations or additions: Front ~ .............. Rear ~ ............... Depth '-- Height ~ Number of Stories ~ ~. Dimensions of entire new construction: Front ..... ~. ...... Rear .... ~ ....... Depth . .~. ~ ........ Height ..... ~... :.. Number of Stories . .. ~. Size of lot: Front ..... ~ ~ ~. 9.~'. ....... Rear ..... .~ .&., .9. ~ ...... Depth . ~ Z ................ Date 6f Purchase .... /~ - ~ Z Name of Fom~er Owner ? Zone or use district in which premises are situated ................................... . ................. Does proposed construction violate any zoning law, ordiaance or regulation: .. y.ff ~ ......................... Will lot be regraded ...~.~...- .................. Will excess fill be removed from nremises' Yes Na~ne of Owner ofpre~nises ~o~ ~e ~oq.~Address Ill ~e~'///~ e~' ' ~ ' .............. -. · ] ................. Phone No. ~.. gT. ~.. Name of Architect ...~ ....................... Address ................. ~Phone No ............... N~e of Contractor . ~e kF.~[.. ~q ~ a ~ ¢.n ..... Address ~s~dq(~./. ~.g. ~¢.~hone No. ~0 PLOT DIAGRAM ~p~ hi l[ Locate clearly md distinctly ~I buildings, whether existing or proposed, and. indicate ~1 set-back d~ensions fro: roperty hnes. Give street and block number or description according to deed, and show street nines and indicate whetS, ~tchor or corner lot. 139o ]. I 14oo ~:3,4° rATE OF N[W Ik R /'L OUNTY oF s.s .............. ).~. {9..~.¢.~.'.'~.....x.I.'~-~..h.D. ,'~. ;r~..'3 ...... being duly sworn, deposes and says that he is the applic:~. (Name of individual signing contract) >ore named. els the ...................... CO c~ t,1..~.tt.a ......... c'j-o .& ............................................... (Contractor, agent, corporate officer, etc.) f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file tl' >plication; that all statemcnts contained in this application are true to the best of his knowledge and belief; and that tl 'ork will be performed in the manner set forth h~ the application filed therewith. worn to before me this ....... '<~.O4 ....... day of .... ~'(~'~' '~' '(~''" 19~'//' /~ ................... -~~'£ ~,t PU8UC, 'stat, o~ ~ 'tod ' ' ' V ....... ~3~]~ ...... '.L ............... . a0. s2.ansas0, s., u 7 (:Signature of applicar _ , T,erm, ??ires March 30, , ,, TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAl NO. ~ ~'~)~/"' DATE ........ (We) .R..u.,.d..o...l~..h.....H..:.....B..r...u..e...r.,.....E..s..~... ............. of Main Road (Attorney for Thomas J. Name of Appellon,t ................... ~';~';;"~'~I"E;~I~'~ ........ ~'~':~:~) Municipality N.Y. ............................ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF 'THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .... ..[..0../..2../...8..]: ................................ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) ......... .R..q .b...e..r...t.... ,J..o..h...n..s...o..n. ...... {..f..o...r..:......T~....o..m...a..s.....J. DeBorger) Name of Applicant for permit of ~.300 Soundview Ave.~ Southold, N.Y. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO CONSTRUCT 1. LOCATION OF THE PROPERTY ]~.S...NO.r.Y--13,..K~,.,.0.~;.Qt3.t;hD.],.~ ........... "~..?.~e...s.~..cl,.e...n..t.i.a.~' Street Use District on Zoning Map 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.) Article III: Section 100-31 3. TYPE OF APPEAL Appeal is mode herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lock of access (State of New York Town Low Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~a~ (has not) been mode 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 Applicant would be unable to one-family residence on the subject premises. construct a Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT ,~PPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Petitioner would be unable to construct a one-family residence and, for all Dractical purposes, the property would be unusable for the purpeses set forth for R~xi A-Residantial/Agricultural zoning, to wit: no house can be built and the property is unsuitable for agricultural purposes. ~ 2 The hardship createdis UNIQUE and isnotshared by all prope~ies alike in the immediate vicinity ofthis property and in this use district because all the other properties along the waterfront, most of which are of simila~' size, have been built upon'already. =~ 3. The Variance would ~sewe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the area along the water side of North Road is built up and this is one of the last remaining vacant pieces of 'property. STATE OF NEW YORK ) ) ss COUN/Y OF SUFFOLK ) '"~~ture ........................ Sworn to this ....... .7..t...h. ................................ day of ......... ..O..c..t..9.b..e...r. .............................. 19 81 NOTARY PUBLIC, State of New York No. 52-4655242, Suffolk County Commission Expires March 30, Southold Town Board of Appeals MAIN ROAD--~TATE ROAD 25 SOUTHE~LD, L.I., N.Y. llC~?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER ~ C~n. ai~--ma.,-~ JOSEPH H. SAWlCKI January 8, 1982 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 2904 - Thomas J. DeBorger Dear Sir: Attached herewith is a copy of the formal findings and determination of the Board of Appeals recently rendered and filed with the office of the Town Clerk concerning your appeal. In the event your appeal has been approved, please be sure to return to the Building Department for approval of any new construction or for a certificate of occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the Building Inspector at 765-1802. Yours very truly, GG:lk Enclosure GERARD P. GOEHRINGER, JR. CHAIRMAN COUNTY OF SUFFOLK0 DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN DIRECTOR OF PLANNING November 24, 1981 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications whi~n 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 Mtm~cipal File N,mber Thomas J. DeBorger 2904 RAN$ MEMORIAL HIGHWAY Very truly yours, Lee E. Koppelman Director of Planning Gerald G, Newman Chief Planner HAUPPAUGE, L. I., NEW YORK, · 11788 Southold Town Board of Appeals MAIN RI]AD- STATE RI]AD 25 SFiUTHIDLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article~I , Section 100-~1 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 2904. Applicant: ~hcl~aI J, DeBorger Location of Affected Land: North tide of C.R. 48, Southold. County Tax Map Item No.: 1000- 44-2-15. Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) L.I. gOUND _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. COMMENTS: Applicant is requesting permission to construct new dwelling with insufficient front and side yard setbacks and exceeding 20% lot coverage, which was granted by the Z.B.A. at a Regular Meeting held 11/5/81, s~bJeot to County Health Dept. and referral to your agency. Copies of Town file and related documents enclosed herewith for your review. Dated: Nov. 16, 1981. Secretary, Board of Appea~. COUNTY OF SUFFOLK DEPARTMENT OF HEALTH SERVICES DAVID HARRIS, M.D., M.P.H. COMMISSIONER November 10, 1981 Mr. Cha~es Grigon~, Jr., Cha~an Town of Southold Board of Appea~s Main Road Southold, New York 11971 ,o o-,oo Dea~ Mr. Grigonis: We a~e in receipt of your letter dated O~tober 22, 1981 concerning the above. Following the receipt of the Tidal Wetlands Permit and a variance by this Depa~ent's Board of Review, the approval was given for the construction of a septic system on the south side of the proposed ho~e. Public water is av~J~able. Should you have any further questions, please feel free to contact me. Very truly yours, Royal R. Reynolds, P.E. Public Health Engineer General Engineering Services RRR: cah Enclosure ( ) ~genda Item ~or '( b~'~BA Chairman/Members ( ) Buildin~ Dapt. ( ) Plnnning Ecard ,~' his Agent ( ) Ap'~?~cant or ( ) cop~ to (u.~0riginal for ZBA file copies COUNTY CENTER · RIVERHEAD, NEW YORK 11901 · (516) 727-4700 - O Today' s Date: 'Members Absent, if any: THURSDAY, NOVEMBER 5, 19~) ~' Appeal No. Agenda Item/Hatter of:-~-~c Type. of Variance or Appeal: Resol'ution made by: Seconded by: Action: DRobe~-t .. Gerard oug~ass ooenrmger ( )' ( ) '.. ( ) (') joseph. "~awlcKI (. G~harles 8.erae ~~.. ~oy~n ( ) ( ) ( ) ( ) Subiect to D.E.C. requl_ations ( ) Other: ( ) Approve as applied for ( ) Den), as applied for ( ) Deny ( ) Deny without prejudice ( ) Withdrawn without Prejudice ( ) rove with the fOllowing conditiOns: Subiect {o County Pl~Jnina referral Subiect to Planni'nq Board 'aPproval Findings of the Board are as fol'lows: Other ( ) Not Within the Character of the Neighborhood ( ) Granting the Relief Requested is withi~ Variance is Substantial in Relation to Code Not .in. _hs_jq?..,gny .wi. th purposes of the Code Hardship not sufticient Circumstances are. NOt Unique ~ %Jill set a precedent in the neighborhood Area is already'very congested Interests of justice served by denying Vote of the Board: ( () ( ) ( ) Notes: .() ( ) Ayes: (/CG (/SD' (-'~RD Nay': ( ) ( ) ( ) Abstain: ( ) ( ) ( ) Absent: ( ) . ( ) ( ) spirit of the zoning code ) Relief is not substantial Burden of hardship or difficulty Showr Circumstances are unique Variance will nOt change character of the neighborhood Interests of Justice served by grantin Othe]; for Special Exceptions () () () () () () NOTICE IS HEREBY GIV;'~ EN, pursuant to Section 267 of- .. the Town Law and the Pro- visions of the Amended Code of the Town of Southold, a- Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, N.Y. on Thursday, November 5, 1981 commencing at 7:15 o'clock p.m. as follows: .- .~ 7:15 p.m. Application of. Isabel DuBois by Gada Con- tracting, Drawer B. Fishers Island, N.Y. 06390, for-ap- proval of access, New York,/ Town Law Section 280-~A. Location of Property: privat~ Road, Fishers Island, N.Y.;. Chocomount Lot 3; bounded north by Musser and Private Road; east by F.I. Water Works; south and west by Fishers Island Development Co.; County Tax Map Pardel Item No. 1000-4-5- part of- parcel'5. ' ' 7:20 p.m.-Application of Robert, W. Nelson, 17 Com- merce Street, Chatham, N.J. 07920, for approval of access, New York Town Law Section 280-A. Location of Property: Private Road, Fishers Island, N.Y.; Fishers Island Map Block 16, Lot 12; bounded/ north by F.I. Water Works;. east by Private Road; south and west by Fishers Island Development Co.; County Tax Map Parcel Item No. 1000-4- 5-5.7. 7:25 p.m. Application Of Marjorie S. Dunaway, by James V. Righter, 58 Winter Street, Boston, Ma 02108, for a Variance for: 1) approval of access, New York Town Law Section 280A; and 2) for per- mission to construct pool in sideyard area; and 3) for permission to construct ten- foot high tennis court fence. Location of Property: Private Road, Fishers Island, N.Y.; Fishers Island Map Block 25,/ '., Sound; east. by..Williamson;!! .~ h by Private Road; west by L ~jey; County Tax MaP- Parcel Item Nod. 1000-3-1-3. 7:30 p.m. Application of Robert A. and Bettyann Her- reros, 3000 Delmar Drive, Laurel, N.Y. for a the Zoning Ordinar III, Section 100-31 sion to construct dwelling with an frontyard setback. Property: 3000 Del'. Laurel, N.Y:; Laur. Estates Map No. 54 County Tax Map No. 1000-125-4-13,- 7:35 p.m. App] "'William A. Rusch, Road, Sonthold, Variance to the Zor anco, Article HI, S 32B for permissio struct raised deck c an insufficient back at 50550 IV, Southold, N.Y.; bat by Main Road, ecs south by Christi{ Society and Soutt District; west by Science Society. Map Parcel Item 2-13. 7:45 p.m. Apg Wilbur A. Baldwi liam S. Midgley, J -&00 Skunk Lane, .Y. for a Varia: Zoning Ordinance, Section 100-32 for to construct gara frontyard area. I rNo~ory ~u~. ~ CL,E .tit J. THOMPSON NOTARY PUBLIC, State of Now York No, 52-9321725 Residing in Suffolk County r.. Commission Expires March 30, 19.1~-'~'- COUNTY OF SUFFOLK STATE OF NEW YORK Potricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o 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 Traveler-Watch- man once each week for ................... .~ ................... weeks successively, commencing on the ....... ..~....~.. ..................... day ~ .......... ~ ..................... 19..'~.~.. ,~ Sworn to before me this ......... ~ ................. day of ........... ............... , dinance, Article III, S~ction 100-32 for permission to con- struct accessory structure in the-sideyard area at 780 Fishermen's Beach Road, Cut- chogue; Peconic Bay Proper- ties. Inc. Filed Subdivision Map No. 286, Lots 26 and part 3f 2?; County Tax Map Parcel Item No. 1000-111-1-16. 9:15 p.m. Application' of Frank Curran, by Peter' R. Stoutenburgh, 3075 Indian- Neck Lane, Peconic, N.Y. fora Variance to the Flood Damage Prevention Law, Chapter 46,8, Sections 46-17, 46-18, 46-19, for permission to construct improvements exceeding 50% '~of the market value of existing structure, with base flo.:r below the 8-foot n~.inimum ele- vation above mean sea level in a Zone A, at 780 Fishermen's Beach Road, Cutchogue, N.Y.; Peconic Bay Properties, Inc. Filed Subdivision Map No. 286, Lots 26 and part of Lot 27; County Tax Map Parcel Item No. 1000-111-1-16. 5100 Private Road off MU1 N.Y.; bounded north by L.I. Sound; west by Bloom; south. by C.R. 481 e~st by McMann_~ .County Tax Map Parcel Item No. 1000-44-2-15, 8:20 p.m. Application of William and Margaret Killian, dwellin~ with insufficient front and, side yard setbacks and exceeding the maximum per- mitted 20% lot cover~ Location of Property; North /side`of North Road, Southold, permission to construct new' 7:55 p.m. Application of Richard and Joan Zeisler, c/o Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, N.Y. 11901 for a Variance to the Zoning Ordinance, Article HI, Section 100-31 for approval of walkways around the peri- meter of applicants ho~se ~ with reduced frontyard and 'sideyard setbacks at 700 Jack- son Landing, Mattituck, N.Y.; Jackson Landing Subdivision Lot. No. 9, Subdivision Map No. 5280; County Tax Map Parcel Item No. 1000-113.4-9. 8:05 p.m. Applkafion of Thomas J. DeBor~er. by Ru- dolph H. Bruer, Esq., Main Road. Southpld,, N.Y.' for Vari0nce to the Zoning Ordin- anco. Article IlL Sectioll 100- 31 and Bulk Schedule for CLEMENT J. THOMPSON NOTARY PUBLIC, State d New York No, 52-9321725 Residing in Suffolk County ff.. Commission Expires March 30, 19.f~ Property:. 1725 Nl particularly ~o~ as Nassau Po~t Club Pmpe~ies ~t No .............. ~/ ..... ~; ................ 1; County Tax' Map Parcel Noto~ Fu~c Item No. 1~-1~-13-2.4. Southold Town Board o£Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER October 22, 1981 Mr. Royal R. Reynolds Public Health Engineer Suffolk County Health Department County Center Riverhead, NY 11901 Re: Appeal No. 2904 Application of Thomas J. DeBorger Location of Property: North Side of North Road, Southold Project Proposed: New Dwelling with Insufficient Setbacks Dear Mr. Reynolds: Recently, the Board of Appeals received the above appeal application for a Variance to the Town Zoning Ordinance-for permission to construct a new dwelling with insufficient front and side yard setbacks as shown on the attached map. The Board respectfully requests your comments and/or possible restrictions concerning this new project. This matter has been scheduled for public hearing to be held at the Southold Town Hall, Main Road, Southold, NY on Thursday, November 5, 1981. Thank you for your assistance. CG:lk Enclosures - DEC permit, etc. Yours very truly, CHARLES G~~R. (By Linda Kowalski, Secretary) LEFPERTS P. ED$ON RUDOLPH H. BRUER MAIN ROAD $OUTHOLD, NE:W YORK 11971 October 22, 1981 (516) 765,-1222 (.516) 765-2500 Building Inspector Town of Southold Town Hall Main Road Southold, New York 11971 Re: DeBorger from Horton Building permit application of Robert Johnsen, for Thomas DeBorqer Dear Sir: In connection with the above application, dated October 2, 1981, we, as the attorneys for Thomas J. DeBorger, Wish to be certain that this application will not be denied because the proposed residence will exceed the allowable lot coverage. Please advise us on this matter as soon as possible. Sincerely, Rudolph It. Bruer RI-lB/df O APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Southold Town Board of Appeals HAIN ROAD-STATE REIAD 2.5 SDUTHOLD, L.I., N.Y. 1'1971 TELEPHONE (516) 765-1809 October 22, 1981 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 2904 - Thomas J. DeBorger Location of Property: North Side of North Road, Southold Dear Mr. Bruer: Upon recently reviewing the subject appeal application, please be advised that the Board: (1) Has scheduled this matter for the next Regular Meeting, to wit, November 5, 1981 at 8:05 p.m. to be held either in the assembly room or town board room at the town hall; (2) Requests that applicant advise whether or not he will comply With the minimum base flood elevations for the lowest floor [basement or cellar floor] above mean sea level inasmuch as this property is located in a High-Hazard Flood Zone V-8 (11' min.), and that applicant submit as soon as possible survey certifying the elevation for the lowest floor for the proposed dwelling. If you have any questions, please do not hesitate to call. CG:lk Enclosure Yours very truly, CHARLES GRIGO~.~o~ GR. CHAIRMAN By Linda Kowalski, Secretary Village of. Greenport AREA NOT INCLUDED ~.~ ZONE B ZONE C LANE C Legal Notices LEGAL NOTICE NOTICE IS HEREB¥ GIVEN, pursuant to Section · 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings Will be held by the Southold Town Board of Appeals at the South- old Town Hall, Main Road, Southold, NY n Thursday, November 5, 1981 commenc- · lng at 7:15 o'clock p.m. as follows: 7:15 p.m, Application of Isabel DuBois by Gada Con- tracting, Drawer B, Fishers Island, NY 06390, for approval of access, New York Town Law Section 280-A. Location of Property: Private Road, Fish- ers Island, NY; Chocomount Lot 3; bounded north by Mus- ser and Private Road; east by F.I. Water Works; south and west by Fishers Island De- velopment Co.; County Tax Map Parcel Item No. 1000-4-5- part of parcel 5. 7:20 p.m. Application of Robert W. Nelson, 17 Com- merce Street, Chatham, NJ 07920, for approval of access, New York Town Law Section 280-A. Location of Property: Private Road, Fishers Island, NY; Fishers Island Map Block 16, Lot 12; bounded north by F.I. Water Works; east by Private Road; south and west by Fishers Island Develop- ment Co.; County Tax Map Parcel Item No. 1000-4-5-5.7. 7:25 p.m. Application of Marjorie S. Dunaway, by James V. Righter, 58 Winter Street, Boston, MA 02108, for a Variance for: (1) approval of access, New York Town Law Section 280A; and (2) for permission to construct pool in sideyard area; and (3) for permission to construct ten- foot high tennis court fence. Location of Property: Private Road, Fishers Island, NY; Fishers Island Map Block 25, Lot 9; bounded north by F.I. Sound; east by Williamson; south by Privat~ Road: west by Bagley; CountY Tax Map Parcel Item No. 1000-3-1-3. 7:30 p.m. Application of Robert A. and Bettyann Her- reros, 3000 Delmar Drive, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permis- sion to construct addition to dwelling with an insufficient frontyard setback. Location of Property: 3000 Delmar Drive, Laurel, NY; Laurel Country Estates Map No 5486, Lot 37; County Tax Map Parcel Item .No. 1000-125-4-13. 7:35 p.m. Application of William A. Rusch, 50550 Main Road, Southold, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100- 32B for permission to con- struct raised deck on pool with an insufficient sideyard set- back at 50550 Main Road, Southoid, NY; bounded north by Main Road, east by Baker, south by Christian Science Society and Southold School District; west by Christian Science Society. County Tax Map Parcel Item No. 1000-70- 2-13. 7:45 p.m. Application of Wilbur A. Baldwin, by William S. Midgley, Jr. as agent, 200 Skunk Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to con- struct garage in the frontyard area. Location of Property: 1725 Nassau Point Road, Cut- chogue, NY; more particular- ly known as Nassau Point Club Properties Lot No. 1; County Tax Map Parcel Item No. 1000-104-13-2.4. 7:55 p.m. Application of Richard and Joan Zeisler, c/o Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY 11901 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of walkways around the perime- ter of applicants' house with reduced frontyard and side- yard setbacks at 700 Jackson Landing, Mattituck, NY; Jackson Landing Subdivision Lot No. 9, Subdivision Map No. _5280; County Tax Mao Parcel Item No. 1000-113-4-9.- doh8:05 p.m. Application of omas J. DeBorger, by Ru- lph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100- 31 and Bulk Schedule for per- mission to construct new dwel- ling with insufficient front and side yard setbacks and ex- .ceeding the maximum per- mitted 20% lot coverage. Lo- cation of Property: North side of North Road, Southold, NY; bounded north by L.I. Sound; west by Bloom; south by C.R. 48; east by McMann; County Tax Map Parcel Item No. ~000.44-2-15. 8:20 p.m. Application of William and Margaret Kiilian, 5100 Private Road off Mill Road, Mattituck, NY 11952 for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Article XI, Sectio~ 100-118D for permission to construct accessory building in an area other than the required rearyard. Location of Property: 5100 Private Road off Mill Road, Matti- tuck; bounded north by Holmes; west, south and east by Mattituck Holding Co.; County Tax Map Parcel Item No. 1000-106-6-5. 8:30 p.m. Application of Allan C. Dickersoa, Box 54, Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Sec- t~on 100-71 and Bulk Schedule for permission to construct addition to existing building with an insufficient sideyard setback in a B-1 General Busi- ness District. Location of Pro- perty: Northwest corner of Main Road and Wickham Ave- nue, Mattituck; bounded north by Case; west by Winiarz Es- tate and North Fork l.~iquor Corp.; south by State Route 25; east by Wickham Avenue; County Tax Map Parcel Item No. 1000-140-3-34. 8:40 p.m. Application of Dorothy C. Fleet, 5 Carmel Ridge Estates: Trumbull, CT 06611, for a Variance to the Zoning Ordinance, Article III, Sections 100-30A and 100-31, Bulk Schedule, for approval of insufficient width of one par- cel in a proposed two-lot divi- sion, premises described as Pequash Acres Subdivision Lots No. 3 and 4;; County Tax Map Parcels No...1000-103-12-7 and 1000-137-2-20; further known as 3505 and 3655 Pe- quash Avenue, Cutchogue, NY. 8:45 p.m. Application of Demos Menakis, by Richard J. Cron, Esq. for a Variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule, for permission to construct new dwelling with an insufficient setback from Circle Drive at 980 Aquaview Avenue, East Marion, NY; bounded north by Aquaview Avenue; west by Circle Drive and Davies; south by Davies; east by Nicholis; County Tax Map Parcel Item No. 1000-21- 3-11. 8:50 p.m. Applications of William and Helen Robison, 31 Rockledge Place, Cedar Grove, NJ by Abigail A. Wick- ham, Esq., for Variances to the Zoning-Ordinance: (1) Article III, Sections 100-30A and Bulk Schedule for ap- proval of insufficient area and width of two proposed parcels, and (2) Article III, Section 100- 31 and Bulk Schedule for per- mission to construct new dwelling with an insufficient frontyard setback. Location of Property: Northwest corner of Wavecrest Lane and Salt- aire Way, Mattituck; Salt Aire Estate~ Fil~ed Map No. 4682, Lots 17 an~l 18; County Tax Map Parcels No. 1000-100-1-14 and 15. 9:00 p.m. Application of Ronald Roberts, by Glenn F. Heidtmann, Cox Lane, Cut- chogue, NY for a Variance to the Flood Damage Prevention Law, Section 46-19B for per- mission to construct new dwelling in a V-4 Flood Zone with base floor below the ll-foot minimum elevation above mean sea level. Loca- tion of Property: South side of Cedar Point Drive East, Southold, NY; Cedar Beach Park Subdivision Map No. 90, Lot 151; County Tax Map Parcel Item No. 1000-90-2-10. 9:10 p.m. Application of Frank Curran, by Peter R. Stoutenburgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100- 32 for permission to construct accessory structure in the sideyard area at 780 Fisher- men's Beach Road, Cut- chogue; Peconic Bay Proper- ties, Inc. Filed Subdivision Map No. 286, Lots 26 and part of 27; County Tax Map Parcel Item No. 1000-111-1-16. 9:15 p.m. Application of Frank Curran, by Peter R. Stoutenburgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Flood Damage Prevention Law, Chapter 46-8, Sections 46-17, 46-18, 46-19, for permission to construct ira- provements exceeding 50% of the market value of existing structure, with base floor be- low the 8-foot minimum eleva- tion above mean sea level in a Zone A, at 780 Fishermen's Beach Road, Cutchogue, NY; Peconic Bay Properties, Inc. Filed Subdivision Map No. 286, Lots 26 and part of Lot 27; County Tax Map Parcel Item No. 1000-111-1-16. 9:30 p.m. Application of Frances N. Frisbie, 175 Clear- water Lane, Cutchogue, NY for a Variance to the Zoning Ordinance Article III, Sec: tions 100-30 and 100-35 for permission to construct tennis court and fence exceeding the maximum four-foot height re- quirement in the frontyard area at 175 Clearwater Lane, Cutchogue, NY; Nassau Point Filed Subdivision Map NO. 150, Subdivision Lot 106; County Tax Map Parcel Item No. 1000-118-5-2. Dated: October 15, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TO29-3800 Legal hTotice of Hearings flor Regular Board of Appeals mtg., 11/5/81 On Tuesday, October 27, 1981, copies to: A. John Gada~General Contracting, agent for Isabel DuBois Mr. Robert W. I,Telson Ms. Marjorie S. Dunaway Mr. Jaymes V. Righter, agent for MarJorie S. Dunaway Mr. & Mrs. Robert A. Herreros Mr. & Mrs. !~?i!liam Rusch William S. Midgley, Jr., as agant for Mr. Wilbur A. Baldwin Mr. Wilbur A. Baldwin Philip J. 0frias, Jr., Esq. as attorney for Richard & Joan Z~isler Rudolph H. Bruer, Esq. as ~ttorney fOr Thomas' J. 'De Borger ~r. & Mrs. William Killian Mr. Allan C. Dickerson Ab~igail A. Wickham as attorney for Dorothy C. Fleet Richard J. Cron, Esq. as attorney for Demos Menakis Abigail A. h~ickh~n as attorney for h~m. & Helen Robison'. Glenn F. Meidtmann as agent for Ronald Roberts Peter Stoutenburgh as agent for Fran~urran ~s. Frances M. Frisbie Appeal files ZBA members Town Board members Supe~zisor Pell Copy to Suffolk Times, Monday, October 26, 1981 with instructions Copy to L.I. Traveler-Watchman, Tuesday, October 27, 1981 with instructions K JUDITH T. TERRY TOWN CI~RK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 To' October 7, 1981 Southold Town Zoning Board of Appeals From' Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2904 application of Robert Johnson a/c Thomas J. De Borger for a variance. Also included is notification to adjacent property owners: Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetland Land-Use; Notice of Disapproval from the Building Department, and survey of the property. g~rJ~dith T. Terry Town Clerk j~T/bn '~NS'T~CT IONS: 0 .... ~) In order to answer the questions in this short EAF it is assumed that the preparer ~i}! use currently available information concerning the project end the likely impacts of the action. It is not expected additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sionificont and o comp'leted Environmental Assessment Form is necessary. (c) I[ all questions have been ans~lered No it is likely that this project is not significant. (d) Emvironmental Assessment ' I. Wi'il project result' in a large physical change to the project site or physically alter mo~e than 10 acres of land? ........................ Yes x No 2. Will there be a ma~or change to any unique or · unusual land form found an the s~te? .......... Yes × No 3. Will project alter or have o large' effect on existing body of water? " Yes x No 4.. Will project have o potentially large lmpoct . on groundwater quality? ....................... Yes ~ Ho 5. Will project significantly effect drainage .... flow on adjacent siteS? ........................ Yes x No ~. Will project effect amy threatened or' cndongered plant or animal species? ........... Yes x No 7. Will project result in o major adverse effect ' 1 tx? ' Y N on oi~ qua i ....... . ................. es X o 8. Will project have o major effect on vlsual '''- character of the communily or scenlc views or vistas Nnown to'be imparlon~ to the community?, Yes x ?. Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site ' designated as a critical environmental area by o local agency? ............ ~...~-¥.~-.-.-.7.~..~_ Yes X No 10. Will project have o major effect on existlng or future recrcotlonbl opportunities? ......... Yes X No 11. ~ill project result' in .major traffic problems ' oK cause o major effect to existing transportation systems? ....................... _ Yes x No 12. Will project .regularly cause objectionable ' odors~ nolse~ glore~ vibrotion~ or electrical disturbance os o result of the project's operation7 ' Yes x No 13. Will project have any impact on public health or.safety? .................................... Yes x No ,14. %Vill project affect the existing community by ' - ' direclly causing o gro~Jh in permonenl population of more then 5 percent over o one year period or hove'o major negatlve effect on the character of the community or neighborhood? ................................. Yes x No 15. Is there public controversy concerning the '~ ' project? ...................................... Yes X No REPRESEIIIING .~l~[XThom · DeBor,ger DATE 10/7/81 O To: Re: 10/7/81 (Today' s Date) Southold Town ~oard of Appeals Main Road Southold, NY 11971 Appeal Application of Robert Johnsen, for: Thomas J. DeBorger Location of Property: . ~S North R.oad,~Southold, N,Y, .Suffolk Co. Tax Map. No.~ 1000 - 044 - 02 - 015 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 ~idal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in yery 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 wfthin 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ x] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. * See attached photocopy of D.E.C. permit [ ] Is not located within 300 feet of tidal wetlands to ~he 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, Ru~l~e~ Attorney for Thomas J. DeBorger NEW OSTATE DEPARTMENT OF ENVIRONMENTAL CONSER(:~IC)N PERMIT PERMIT NO. 15277-0146 ~ . ~,., UNDER THE ENVIRONMENTAL CONSERVATION LAW ~ ARTICLE IS, (P~teetiOn i~f Water) ' [~.AItTI~:LE*:2B, (Ti(Iai Wetlands) . ARTICLE 24, (Fl~Shwator Wetlands) U ARTICLE 36, (Construction in Flood Hazard Areas) PERMIT I~SSUED ~'0 .. " " FATE, HORTON :~ BY T~S .J..~NI~ CONCETTA DEBORGER ADDRESS OF PERMITTEE 612 First St., Greenport, N. Y. 1194~ LOCATIC~:OF PROJECT (Section of stream, tidal wetland, dam, bull'd'l~ng) Long Island Sound ~/s of North (or Middle) Rd.', County Rte.-27, 13~O+l.f. e/ DESCRIPTION OF PROJI~CT Ho~ton La: Const~ct 36:' *~ 26' (36' E to W) 'one faro. dwelling with 14.' wid~ deck along seaward edge of structure. House to be constructed 15' from edge of R.O.W of Road. Install associated septic system between house and Road.. COMMUNITY NAME (City, Town, Village) Southold / / I TOW~ JFIA COId~UNII'~ COUNTY Suffolk 1. The permittee shall file in the office of the appropriate Regional Permit Administrator, a notice of intention to commence work at least 48 horns in advance of the time of commencemenl and shall also notify him promptly in writing of the completion of the work. 2. The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservalion who may order the work suspended if the public interest so requires. 3. As a condition of the issuance of this permit, the applicant has ac- cepted expressly, by the execution of the application, the full legal respon- sibility for all damages, direct or indirect, of whatever nature, and by whom- ever suffered, arising out of the project described herein and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from the said project. 4. Any material dredged in the prosecution of the work herein permitted shall be removed evenly, wltl~out leaving large refuse plies, ridges across the bed of the waterway or flood plain or deep holes that may have a lendency to cause injury to navigable channels or to the banks of the waterway. 5. Any material to be deposited or dumped under this permit, either in the waterway or on shore above high-water mark, shall be deposited or dumped at the locality shown on the drawing hereto attached, and, if so prescribed thereon~ within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 6. There shall he no unreasonable Interference with navigalion by the work herein authorized. 7; That If future operatlob~ by the State of New York require an alteration in the position of the structure ~)r work herein authorized, or if, in the opinion of the Department of Environmental Conservation Il shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or loss or' destruction of the natural resources of the State, the owner may be ordered by the Depart- ment to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State; and If, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners shall, wlthCut expense to the State~ and to such extent and In such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made asalnst the State of New York on account of any such removal or alteratron. ~ ' ~ Southold DAM NO. [ PERMIT EXPIRATION DATE · 9/3o/s2 GENERAL CONDITIONS 8. That the State of New York shall in no case be liable for any damagr or injury to the structure or work herein authorized which may be caused by o~ result from future operations undertaken by the State for the conservation m Improvement of navigation, or for other purposes, and no claim or right l- compensation shall accrue from any such damage. 9. That If the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be pre- scribed by the United States Coast Guard shall be installed and maintained by and at the expense of the owner. 10. All work carried out under this permit shall be performed in accor- dance with established engineering practice and in a workmanlike manner. 11. If granted under Articles 24 or 25, the Department reserves the righ~ to reconsider this approval at any time and after due notice and hearing l<) continue, rescind or modify this permit In such a manner as may be found I,~ be just and equitable. If upon the expiration or revocation of this permit, thr modification of the wetland hereby authorized has not been completed, th,, applicanl shall, without expense to the State, and to sach extent and in such time and manner as the Department of Environmental Conservation may require,, remove all or any portion of the uncompleted- structure or fill and restore Ih,, site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 12. This permit shall not be construed as conveying to the applicant any right Io trespass upon the lands or interfere with the riparian rights of olher~ to perform the permitted work or as authorizing the impairment of any rights. title or interest in real or personal property held or vested in a person nola party Io the permit. 13. The permittee is responsible for obtaining any other permits, ap- provals, lands, easements and rights-of-way which may be required for thl~ prolect. 14. If sranted under Article 36, this permit is granted solely on the basi~ of the requirements of Article 36 of the Environmental Conservation Law and Part 500 of 6 NYCRR (Construction in Flood Plain Areas having Special Flood Hazards - Building Permits) and in no way signifies that the project will be free from flooding. 15. By acceptance of this permit the permlttee agrees that the permit is contingent upon strict compliance with the special conditions on the reverse side. (SEI~ REVERSE SIDE) 95-20-4 (9/75) 16. The project must comply with all local flood plain ordinances. 17. Siight modifications to existing_grades between house ~d ~oad and under house are to be Performed accordin~ toJ plans~drawn~bE%.',~®v$ Tsontakis on 12/5/50 with drawing #R-~O-21. '. ~ ' ' ~' ;'i.,~'.. ' .,,' lB There is to be minimal disturbance to topography between house site and mean hi'gh water du~i. ng all phases of construction. 19. Beach ~is to be regraded ~and restored to ~radeS existing prior to commencement of .work immediately upon completion of construction. DJL:cg c.c. LAW ENFORCEMENT U.S. Army Corps of Engineers File Attachments AD~g.~O, SUNY, Stony'-BroOk, · ,' ~ SUPPLE~NTARY SPECIAL ~ONglTION$ ollo~lng conditions apply to all permits: A. If any of the permit conditicns are unclear, the permittee shall con'.act the Division of Regulatory Affairs at the address and t~lephone noted be .ow. B. A copy of this permit shall be available at the project site wheneve~,~author- ized work is in progress. -. Tha permit sign enclosed with this permit shall be protected from the weather a;,d posted ~n a conspicious location at the work site twtil completion of authorized work. At least 48 hours prior to commencement of the project, the permittee shall c~mplete m~d return the top portion of the e~closed receipt form certifying that he ls fully aware of and tmderstands ell provisions and conditions of thio ~ermit. Within one week of completion of the permitted work the bottom po;tion of that form shall also be completed and returned. For projects involvin5 ac::ivities to be accomplished over a period of more than one year the permictee ~hall notify the Regional Permit Administrator in w/iting'at least 48 h~';urs prior to the commencoment or resumption of work each year. Fe If project design modifications take place after permit issuance, the pe~mlttee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The pemittee is advised that substantial modification may require submission of a new applica- tion for permit. Ge All necessary precautions shall be taken to preclude contamination of any wet- lands or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coatings, p~ints, concrete, leachate or any other environmentally dele- terious materials associated with the project work. He Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, New York District, 26 Fed- eral Plaza, New York, New York 10007, (Attention: Regulatory Functions Branch), prior to commencing work authorized herein. The granting of this permit does not relieve the permittee of the responsibi- lity of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Em- pire State Plaza, Albany, New York 12242, which may be required for any encmoach- ment upon State-owned lands under water. Regional Permit Administrator NYS Department of Environmental Con~ervatio~ Building 40, SUNY - R~om 219 Stony Brook, New Yo~'k 11794 516-751-7900 The following conditions shall apply if checked as applicable by the riegional Permit Administrator: Ii. All dredging shall be conducted so as to leave a uniform bottom elevation free' of mounds or holes. L. ~1 spoil material shall be disposed of either in the Atlantic Ocean or at an approved U.S. Government Dumping Ground, as directed by the District Engineer, U.S. Department of the Army, Corps of Engineers. Any spoil ma- terial not intended for such water disposal shall be removed from the site and disposed of at an approved upland site. /-~ ~.i. All fill and spoil material shall be suitably contained at the ~ork site so as to prevent its eroding, leaching o~ otherwise entering into adjacent wetlands and waterways. /_-7 11. Ail peripheral rip--rap berms, cofferdams, rock revetments, cabions, bulk- heada~ etc. gmall be completed prior to plac~aent of any fill material behind such structures. /_-7 O. All repairs to existing structures shallbe confined to replacement of ex- isting struct,~al elements with no change in design, dimension~ or materials, unless speclfically authorized herein. /-7 P. The following Water Quality Certification shall apply if required by one or more agencies of the United States Government and if checked as appli- cable by the P~gional Permit Administrators: DAT~ DEC~ In accordance with Section 401(a)(1) of the Clean ~'laters Act of 1977 (PL 95-217) the New York State Department of Environmental Conservation hereby certifies that the subject project proposal will not con~ravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 or 307 of the Act. P, egional Permit Administrator Division of RegulatOry Affairs l~Y5 Department of Environmental Conservation Building 40, sLr~lY -- P. oom 219 Stony Brook, New York 11794 516-751-7900 PERMIT SIGN No. T~ ~5277-0146 has been issued to: FAYE HeP, TON BY THOMAS J. ~d~TD CONCETTA D~-'13ORGF_d~ address: ~ ~r~t ~t., O~een~o~, ~. ~. ~ for: Construct 36' x 26' (36' E to W) one fa~. dwelling with l~' wide deck along seaward edge of 3::I~'-l"T11~'.11P$:~. [-~h11Rl~ tn b~. onn~t~]at~.d 15' £rnm eden. o£ R.O.~. of Ro~d. Inst~l] ~ssoc~at~.d s~-ptic system between house and road. under the Environmental 'Conservation Law, Article 15, (Protection of Water) Article 24, (Freshwater Wetlands) Article 25, [Tidal Wetlands) l---] Article 36, [Construction in Flood Hazard Areas) New York State Permif~d~ihi~~ ' I~iii~D~epartment °f Envir°nmental c0nservati0n BOARD OF APPEALS, TOWN OF SOUTHOLD ~ : In the Matter of the Petition of : ROBERT JOHNSEN, for: : %~{OMAS J. DE BORGER :~ to the Board of Appeals of the Town of SoUthold : TO: 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 South~ld to request a (Variance) (~iI~FCX~Z(LI~ ~ 2. That the property which is the subject of the Petition is located adjacent to your property a-nd is des- cribed as follows: Suffolk County Tax Map No. : 1000 - 044 - 02 - 015 and as shown on attached photocopy of survey of the premises. 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: A - Residential/Aqri~ultura] ~ 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: permission to C construct a one-family residence on the subject premises. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 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, 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: ~ October 7, 1981 Post Office Address Main Roa~ Southold, New York 11971 NAME PROOF OF MAILING OF NOTICE A?TA¢ CERTzFTED ZT. R .c .zp s ADDRESS Oscar J. Bloom & ors Marie C. McMann 801 Mt. Sinai-Coram~Road Mto Sinai, New York 11766' Greenport, New York 11944 PS Form 3800, Apr. 1976 r ~ ~ OPTIONAL SERVICES ~' 'am° R~URN RECEI~ SERVICE RETURN RECEIPT SERVICE --IC~ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: , Mary Diana Foster ........ ~ ...... ,residing'at (No 9) McCann Lane ~reenport, New ~o.rk , being duly sworn, deposes and says that on the 7th day of Q¢~O:ber . , 19 81 , deponent mailed a true copy of the Notice set forth on the re- verse side~ hereof, directedr 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 Southold~ New York ; that said Notices were mailed to each of said persons by (certified) ~~J~ mail. Swor~j:~t~ before me this 7th , /~- Notary Public RUDOLPH H. BRUER Notary Public. State of New York No. 52-0465530 Qualified in Suffolk County uommission Expires March 30, 198~ Mary~/~iana Foster Board of/Ipp~als ~' Town of ~;o~lhold · ~SUFFOLK CO. HEALTH DEPT: AP~RO~ ~ H.S..NO. I STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISF SYSTEMS FOR THIS RESIDENCE i CONFORM TO THE STANDarDS OF ;~ t SUFFOLK CO. DEPT. OF HEALTH SER' ,, "~2 APPLICANT ~.~ ~ , suFFoLK COUNTY DEPT. OF HE SERVICE5 -- FOR APPROVAL - CONST"UCT ION DATE: AppRovED: ~~ SUFFOLK CO. TAX MAP DESlGNATIO DIST. SECT. BL~K F IOOO 044 D~~,~ · .. ~'~ DEED: L. 9gO?~ P. ~4~ TEST HOLE STAGY rD ~S $UEV~ ~t ~ [~C'/, SE~ 720~ O~ mE NEW Yc,.~ ST t)' :' - ......... ' · ~$SFD S:At'~H,~ NOT ~ CO,S1  /0~/ TO ~ A VALID fLU[ C~. [. ONLY TO TN: Pif~S~,~ I -y~v~/ SEAL ., P.e. 7EYORS V YORK :--. ~ ~rveg~ ,June RODERiCK VAN TUYL .... ~ x/.~ / ,VbSe I~?0 LICENSED LAND ~iJ?. 5/'~t GREENPORT NEW ~FFOLK COUNTY ~T. ~ ~ALTH ~~~ SERVICES -- FOR APPROVAL OF CO~ ~T ~N ~ L Y ' ~LK~K C~. YAX MAP D IGNATION: ' -~ T~ ~ND ~V~YOR'5 iNK~ SEAL~T O~ ~ ~SSED SEAL S~ALL NOT ~ ~. rO.A VALID r~UE COpy. ~- ........... ~ ~ IS PREFAR~, AHD 0~, HiS ~;tA~ fO TITLE COMPANY, GOVE~N~EN',AL ~ ' T~ ASSIGN~S OF TH~ LENDI~ LICENSED LAN~ 0 5 LI D / SUFFOLK ¢OUN,'¥ -' / /4x SUFFOLK COUNTY 1&- SEt SrC. ~0. 0~2 UNLES~ DRAWN OTHERwfSE, ~LL PROPERTIES ARE WITH N THE FOLLOWING DISTRICTS' SC HOOL ~10_ F, EWER F: RE-----2--8 L~I-- - -- HYDR" N T. LIGHT 48 WAT ER PARK REFUSE. SEE SEC. NO. 052 NOTICE MAiNTSNANC£ . ALTERAT;ON. SALE OR DiSTRIBU'iON OF ANY POR]iON OF THE SUFFOLK COUNTY TAX MAP tS PROHIBJTEOJ WITHOUT WR TTEN PERMiSSiON OF THE RLAL PROPERTY TAX SERVICE AGENCY ~OUI',ITY OF $IIFFn, ~ _- NE 0 ~nn [T~w~ ~ Unautho~zed a~temti~n ~' addition to this document is k violation of section ?209 of the New Yorl¢ S~te Educatiog Copies of f~Js document not t .t =0 ,.~tO' A