HomeMy WebLinkAbout2760?¥
TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONI~qG BOARD OF APPEALS
Ap~e~o. 2760 Application Dated October 30,
ACTIO~ OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Gary Flanner Olsen, Esq. (for Richard Anderson)
Main Road, Box 38
Mattituck, NY 11952
1 980
Appellant
at a meeting of the Zonin~ Board of Appeals on
was considered and the action indicated below was taken on your
( ) Request for variance due to lack of access to property
( ) Request for a special exception under the Zoning Ordinance
(X) Request for a variance to the Zoning Ordinance N e W ¥ o r k
( )
November 20, 1980,
Town Law, Sec. 280-A
the appeal
1. S PI)~I ~l~ Xt)~.~i~X X li(~ Xe~C~'J¢~ X)t( ih. it )l~fr)l. X~ X,~ )(~)i~ Xff~(~)( X X~ eVe~Va~( Ye)( eVe~t~l~ X ~( X~( be
granied ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
confirmedbeeause Public Hearing 8:35 p.m. Application of Richard
Anderson, by Gary Flanner Olsen, Esq., Main Road, Mattituc--~-~-ff~--fi, NY
for a Variance for approval of access pursuant to New York Town
Law, Section 280-A. Location of property: Wunneweta Pond, Nassau
Point, Cutchogue, NY; bounded north, west and south by Wunneweta
Pond; east by O'Keefe. County Tax Map Item No. lO00-111-14-29.
(SEE REVERSE SIDE)
2. VA.RI.MICE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical
hardship because
(SEE REVERSE SIDE)
difficulties or unnecessary
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the sarae use district because
(SEE REVERSE SIDE)
(c) The variance (does) (does not) observe the split of the Ordinance and (would)
c~e the character of the district because
(SEE REVERSE SIDE)
(would not)
and therefore, it was further determined that the requested variance ( ) be ~ranted ( ) be denied and
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed,
FORM ZB4
ZONING BOARD OF APPEALS
After investigation and personal inspection, the Board finds
as follows:
Appellant has appealed to this Board seeking a variance per
New York Town Law, Section 280-A for approval of access. The
premises in question is located at the west end of a pennisula
at Wunneweta Pond, Nassau Point, Cutchogue, New York and contains
approximately 9/lOths of an acre. Applicant shows a 16' wide
right-of-way from Wunneweta Road to the subject premises at the
north end.
The Board finds and determines that the relief requested in
relation to the Code requirements is not substantial; that if
the variance is granted no substantial detriment to adjoining
properties will be created; that the interests of justice will
be served by the granting of the relief requested; that no ad-
verse effect is produced on available governmental facilities
of any increased population; and that no substantial change
will be produced in the character of the neighborhood.
On motion by Mr. Douglass, seconded by Mr. Goehringer, it
was
RESOLVED, that Richard Anderson, by Gary Flanner Olsen, Esq.
be Granted a Variance to New York Town Law, Section 280A, for
app~ of access, SUBJECT TO THE FOLLOWING REQUIREMENTS:
1. Such access road shall have a width of not less than
15 feet.
2. Such access road shall be cleared of all trees, brush
and other obstructions to a width of 15 feet.
3. Such access road shall be improved in either of the
following methods:
('a) Such access road shall b~ surfaced with a minimum
depth of four inches of packed three-quarter-inch stone blend so
as to afford access for emergency vehicles. Such stone blend may
be either applied to the ground surface and shaped, or the surface
may be excavated to permit the application of packed blend to a
depth of four inches; or
(b) The access road shall have top soil removed to a
depth of eight inches and then filled with eight inches of a good
grade stone and sand bank run. The surface shall then be covered
with a layer of two inches to four inches of three-quarter inch
stone blend; or in the alternative, oiled with a minimum of
four-tenths of a gallon of road oil per square yard.
4. No building permit shall be issued for the construction
of any buildings or structures on the premises to which this access
is referred until all of the conditions set forth herein have been
complied with.
Location of property: Wunneweta Pond, Nassau Point, Cutchogue,
NY; bounded north, west and south by Wunneweta Pond, east by O'Keefe.
County Tax Map Item No. lO00-111-14-2g.
Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer,
and Sawicki. Absent was: Mr. Grigonis.
RECEIVED AND FILED BY
nm, som ou) TOWN
DA~
Town Cl*~ Town of ~uthold
APPROVED
~~YiP r~Te m~
Page 2
Legal Notice of Hearings
Board of Appeals Meeting to be
Held 11/20/80
of insufficient area and width. Location of property:
North side of Sound Avenue, Mattituck, NY; more particularly
known as Lots 4 and 5 of Minor Subdivision of Jack Stukas
No. 55, and bounded as follows: north by Gillies; east by
Alderman and Michalecko; south by Sound Avenue; west by Shen.
County Tax Map Item Nos. 1000-141-3-1.1 and 1.2.
8:20 p.m.
Enterprises,
Variance to
for approval
Application of William Hatfield, d~b/a Northeast
Inc., New Suffolk Road, New Suffolk, NY for a
the Zoning Ordinance, Article VIII, Sectio~ 100-81
of parcel to be established with insufficient
area and width at 6725 and 6775 New Suffolk Road, New Suffolk,
NY; bounded north by Withers; east and south by Sahoolhouse
Creek; west by New Suffolk Road; County Tax Map Item No.
1000-117-5-28 and 29.
8:35 p.m. Application of Richard Anderson, by Gary Flanner
Olsen, Esq., Main Road, Mattituck, NY for a Variance for
approval of access pursuant to New York Town Law, Sec. 280-a.
Location of property: Wunneweta Pond, Nassau Point,
NY~ bounded northwest and south by Wunneweta Pond;
O'Keefe. County Tax Map Item No. 1000-111-14-29.
Cutchogue,
east by
9:25 p.m. Application of James Wheeler, by William H.
Price, Jr., Esq., Front Street, Greenport, NY for a Variance
to the Zoning Ordinance, Article III, Section 100-31 for
approval of insufficient area. Location of property:
Southeast corner of Kenney's Road and Chestnut Road, Southold,
NY; bounded north by Chestnut Road; east by Dickerson, Wheeler,
and Conway; south by Dioca, Pierre, and Price; west
Road. County Tax Map Item No. 1000-59-3-10 and ll.
Dated:
by Kenney's
October 31, 1980.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
STATE OF NEW YORK
the Town Law and the
Provisions of the Amended
Code of the Town of South-
old, the following matters will
be held for public hearings by
the Board of Appeals, Town of
Southold, at Town Hall, Main
Road, Southold, New York on
Thurschy, November 20, 1980:
7:35 p.m. Application for
Joseph and Amelia Smul-
cheski, Carols Rom/, Southold,
NY ~for a Variance to the
Zoning Ordinance, Article III,
Sections 100-31 and 100-32 for
permission to construct garage
in the front and/or side yard
area. Location of property: 140 [
Caroin Road, Southold, NY; !
bounded 'north by H~s, e~st ~
by Arshemomaque Pond,.~
Items Nos. 1000-14l-3-I.I and
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TI~AVELER-WATCHMAN,
a public newspaper printed at Southold, in, Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long island Traveler-Watch-
man once each week for .........../j. ........................... weeks
successively, commencing on the C
19 ........
Sworn to before me this 7
................................ day of
CLEMENT J. THOMPSON
#0T/~f ~81.1C, Slate ol I~s~ Ymt
~0. 52-~21725
~esidin~ in Suffotk Cc, uaq,_
Count~T_ax Map
No. looo-iil-i~.~91
tt:z.~ p.m. "gppli/:-ation of
James ~1~, by Will~m H.
~ce, Jr., ~q., Pmnt S~,
' ~, NY f~ a Vafian~
to ~e ~n~g O~inan~,
A~cle HI, S~ion 1~-31 ~r
app~v~ '~ ~u~dent a~a.
~afion of p~pe~: Sou~.
~t ~mer of Kenney's Road
and ~estnut R~d, Soa~old,
~; b~nded no~h by ~est-
nut Road; east by Dickemon,
~ler, and Conway; south
by Di~a, ~e~e, and ~;
~ by K~ney's Road.
,,.~;, C~n~.~ Map ~tem No.
~;.:.,.: .. Dat~: ~ober 31. 1~
' ~E SO--OLD TOWN
LEGAL NOTICE
OF HEARINGS
Pursuant to Section 267 of
the Town Law and the Provi-
sions of the Amended Code of
the Town of Southo]d. the fol-
lowing matters will be held for
public hearings by the Board
of Appeals, Town of Southold,
at Town Hall, Main Road,
Southold, New York on Thurs-
day, November 20, 1980:
7:35 p.m. Application of Jo-
seph and Amelia Smulcheski,
Carnie Road. Southold, NY for
a Variance to the Zoning Ordi-
nance, Article III, Sections
100-31 and 100-32 for petrols-
sion to construct garage in the
front and/or side yard area/
Location of property: 140
Carole Road, Southold, NY;
bounded north by Hass, east
by Arshamomaque Pond,
south by Hrebok, west by
Carnie Road. County Tax Map
Item No. 1000-52-2-5.
7:45 p.m. Application of
Kramer and DePetris Agency,
Inc., 549~5 Main Street, South-
old, NY for a Variance to the
Zoning Ordinance, Article VI,
Section 100~o0C(2)(b) for per-
mission to place letters (ident-
ification signs) on side of
building known as 54995 Main
Street, Soathold, NY; bounded
north and east by Rich; south
by S.R. 25; west by Ryan.
County Tax Map Item Not.
1000-62-1-5.
7:50 p.m. Application of
Charles and Margaret Mebns,
2145 Wells Avenue (Road),
Soathold, NY for a Variance to
the Zoning Ordinance, Article
III, Section 100-32 for permis-
sion to construct accessory
building in side and/or front
yard area at 2145 Wells Ave-
nue (Road), Southold, NY;
bounded north by Benson and
West Hill Road; east by Ben-
son; south by Edson and Wells
Road; west by Wells Road.
County Tax Map Item No.
8:05 p.m. Application of
Jack J. Stukas, by Rudolph H.
Bruer, Esq., Main Road,~*
Southold, NY for a Variance to
the Zoning Ordinance, Article
III, Section 100-31 for approval
of insufficient area and width.
Location of property: North
side of Sound Avenue, Matti-
tuck, NY; more particularly.
known as Lots 4 and 5 of Minor
Subdivision of Jack Stukas No.
55, and bounded as follows:
north by Gillies; east by Alder-
man and Michalecko; south
by Sound Avenue; west by
Shen. County Tax Map ltem
8: 20 p.m. Application of Wil-
liam Hatfield, d/b/a North-
east Enterprises, Inc., New
Suffolk Road, New Suffolk,
NY for a Variance to the~'
Zoning Ordinance, Article
VIII, Section 100-81 for ap-
proval of parcel to be estab-
lished with insufficient area
and width at 6725 and 6775 New
Suffolk Road, New Suffolk,
NY; bounded north by With-
ers; east and south by School-
house Creek; west by New
Suffolk Road; County Tax
Map Item No, 1000-117-5-28
and 29.
s 8:35 n.m. Aoolication of
[Richard Anderson, by Gar
[Flanner Olsen, Esq. Mai
'[Rqad.~Mattituck, ..NY for=
~Variance for approval Of ac-
~cess pursUani to' New York
.~-Town La% Scc. 280-a.
[tioa of property: Wunnewetaj
mPond, Nassau P0iat, Cut-
[chogue, NY; b0unded"nb~
COUNTY OF SUFFOLR, I
STATE OF NEW YORK, ~ ss:
Joan Gustavson
...................................... being duly Sworn,
says that .s.~.e. .... is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper published ~rt Greenport, in said
county; and that the notice, of which the annexed is ~ printed
copy, has been published in the said Suffolk Weekly Times
once in each week, ~or . . o~t~ ...................... weeks
successively commencing on the . .~.$~ ....................
· .............
west ancl south bv WunnewetaM
"Pond: east I~v o'keefe, countv~ ........
~,~9~x Map Item No. 1000-111-14-~--__ tO before me this . .~.~.~ .....
9:25 p.m. Application of
James Wheeler, byWilliam H.
Price, Jr., Esq., Front Street,
Greenport, NY for a Variance
to the Zoning Ordinance, Art-
icle III, Section 100-31 for
approval of insufficient area.
Location of property: South-
east corner of Kenney's Road
and Chestnut Road, Southold,
NY; bounded north by Chest-
nut Road; east by Dickerson,
Wheeler, and Conway; south
by Dioca, Pierre, and Price;!
west by Kenney's Road. Coun-
ty Tax Map Item No. 1000-59-3-
10 and 11.
Dated: October 31, 1980.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS/
1TN6-3547
I
~f .... No.~.e~ber .... 19..80 !
HELEN K DE VOE
NOTARY PUBLIC, State ot Ne;'~ York
No 4707878. Suffolk County
lerrn Expires Marc,i~' 30 19~]
NO. ~
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
File No ................................................................. Date ........................ ~ /~CZ.~, ~0
To ........ ~..~ ........ ~.~ ........
........... ~....:~..~..~.....~...~.
........................ ..~...:..~....~.~.....~.~ ~.
PLEASE TAKE NOTICE that your application doted .................... ...........~..~?0 , 19 .... <~,....
for ~ ........ .~. ............................. at the premises located ,~-......~..~.. ...........................
returned herewith and disapproved on the follow;ng grounds ............................................................
...~....~..~....'..?...-...!ZL~. ........ ~...~....~..~......~......c_~?...~ .............
..~.~.....~ ........ ~ ....... ~......~/~........~..<~......~........~......~....
/ ~oo ..- 11 / - / '-/- o~ ....... ../...~......~...../...~ _
Building Inspector
QTOWN OF $OUTHOLD, NEW YOP~P
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
TO THE Z~)NiI~G BOA~D' OF APPEALS, TOWN OF' s~T~ED, N.Y. I '
1, ~ ~.~.~....:...;~.....:.~..,..,:..of '....~.3..~e.t..~b.~t~.~.;_.~,..~- ......
_. ~meof A~ell~- ..... Street and Numar ·
....... '' ~ .... ' ~- ~ Z'~016 HEREBy APPEL TO
...~.~..~g~,,..;..; ........... : .............. ; ....... :; ......... : ............ : .......................
: ' ~ ~ r MuniciPa~W~ - - -:- ~ ~ Stdte
THEZON~G~BOARD O~PP~LS FROM ~HE DECISION OF .THE BUILDING INSPECT~ ON
APPLICATION FOR PERMIT NO. ' :~ DATED ........... ; ..........................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
of
...3..3..3...~ .a..s..t...3...q~...s..t..r..e...e..t,...~ p..t.,....Lg.~,...~ .e...w....Y...o.r...k~ ...~.e...w.....Y...q.r..k.......L0..0..Le' ...
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
Acce.~s~s~ Variance _
1. LOCATION OF THE PROPERTY ~a~.~q.~.j;~`~..(~t~1;.~.~.~z~.~r~.t~...~&.~.~.e~..~d...e..D~..~..]~.
Street Use District on Zoning Mop
&r~e~d~.~.l~p..A.~as~,u.~,..Cl~b..~.r.(~perty # 156
Mop No. Lot No.(Lot No. -Part of Lot 245)
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.)
Section 280 A and ~.ticle XI-~ Section 100~41 B
3. TYPE OF APPEAL Appeal is made herewith for
( ) A VARIANCE to the Zoning Ordirmnce or Zoning Map
~(z ) A VARIANCE due ~o :lack of d¢ces{ (State 'of New York Town Law Chap. 62 Cons. Laws
' r ,~rt. '16 -Sbc. 280A Subsedtion 3 ~ -
4. PREVIOUS APPEAL A previous appeal ~(has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such ~ppeal was ( ) request for o special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
(~
()
()
is requested for the reason that
REASON FOR APPEAL
A Variance to Section 280A Subsection'3
A Variance to the Zoning Ordinance
l~orm Z~l (Continue on other side)
REASON FOR APPEAL
Continued
I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sow HARDSHIP becau~ the subject premises is not bounded by a public road and its sole
means of access is under a deeded right of way 15 feet wide, which right of way
tends from the subject premises to Wunneweta Road. The Applicant has no other
n{~a~s.0f acces~'to th~ ~rdpert~hich is surrounded on three side~'by'~afero The
Applicant is under contract to purchase the subject premises from Josephine A.
Switlik and Joe Ann Marie O~Keefe as co-trustees of the residual~trust under the
Last Will and Testament of Lloyd Wo Standley, deceased. The Applicant seeks to
utilize the premises for the construction of a single family residence° The Contract
is contingent and subject to the Applicant obtaining an Access Variance from the
Southold Town Zoning Board of Appeals°
2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate
vicinity of this property and Jn this use district because the sole means of access' is m~der
a .right of way.as above s~et f~?th,. , ~. _
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT becausethe E,-z'anting of the Variance would not change the
character of the neighborhood, but would only enable the premises to be used for
the construction of a single family residence.
STATE OF NEW YORK )
)
COUNTY OF SL!-~FO~)
SS
Sworn to this ............ ..~......~. · ....................... day
of ......... Oct, tiber.....................- '" . .......... 19 80
Notary Public
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y.
TELEPHONE (516) 765-1809
November 18, 1985
Mr. Peter R. Stoutenburgh, President
Environment East, Inc.
3075 Indian Neck Lane
Peconic, NY 11958
Re:
Appeal no. 2760 Richard Anderson
Right-of-Way off W/s Wunneweta Road, Cutchogue
Dear Peter:
This letter will confirm that the following action was
taken by the Board of Appeals at a Regular Meeting held last
Thursday, November~ 14, 1985 concerning the above right-of-way:
RESOLVED, that.the improvements a~inspected by the
Chairman of recent date be and hereby are accepted, subject
to the following requirements:
1. That the improvements are to be within the legal peri-
meter of the subject right-of-way;
2. That the right-of-way be continuously maintained at.
all times in good condition.
This resolution was unanimously adopted.
Yours very truly,
cc: Building Department
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Environment East, Inc.
R. R. No. 3 - 3075 Indian Neck Lane
Peconic, New York 11958
516-734-7474
October 30, 1985
Southold Town Board of Appeals
Main Road
Southold, NY 11971
Re: Appeal # 2760 Richard Andersoa Right of Way
Location: Off W/S Wunneweta Road, Cutchogue
Dear Mr. Goehringer and Board Members,
The improvements recommended by Mr. John Davis on
· he above referenced right of way have been com-
ple te d.
We are requesting an inspection of this area so
the matter may be taken up at the ~ext available
Board meeting.
If any further information is required, please
contact this office.
Thank you fo ~E~w~ co~sideration in this matter.
Sincerely, ~L~/2° f .~
Pre side nt/ _ ( ~ Z",~ Ch.:irma~/.~,.~embers copies
· nviro~nt has~, Inc.
~ ()~ ~ ':" ~ :~'~,.
PRCm (()) :~::.~' , ~'~:,.s Agent
( ~ **.'~', '~': ' :',::.A file
,~ ~ Co~onts or Reply Requested
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
November 18, 1985
Mr. Peter R. Stoutenburgh, President
Environment East, Inc.
3075 Indian Neck Lane
Peconic, NY 11958
Re: Appeal no. 2760 - Richard Anderson
Right-of-Way off W/s Wunneweta Road, Cutchogue
Dear Peter:
This letter will confirm that the following action was
taken by the Board of Appeals at a Regular Meeting held last
Thursday, November 14, 1985 concerning the above right-of-way:
RESOLVED, that the improvements as inspected by the
Chairman of recent date be and hereby are accepted, subject
to the following requirements:
1. That the improvements are to be within the legal peri-
meter of the subject right-of-way;
2. That the right-of-way be continuously maintained at.
all times in good condition.
This resolution was unanimously adopted.
Yours very truly,
cc: Building Department
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Memorandum from · · · ·
Southold Town Board of Appeals
TOWN HALL, SOUTHOLD, N.Y. 11971
765-1809
Date: 9/12/85
To:
From:
Ref:
Peter Stoutenburgh
Linda Kowalski
Richard Anderson R-O-W
Mr. Davis was in today. Apparently he
never received letter we sent on 9/3rd.
He received a copy and will inspect
when possible and keep us informed.
0
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SDUTHOLD, L,I., N.Y. 11cj71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
September 3, 1985
Mr. John W. Davis
Sterling Road
Cutchogue, NY 11935
Re: Appeal No. 2760 - Richard Anderson R-O-W
Location: Off W/s Wunneweta Road, Cutchogue
Dear Mr. Davis:
During January 1985, we received your report and
recommendations in the above matter, and at our'August 22,
1985 Meeting, the board updated the file at the request
of Peter Stoutenburg, agent for the Andersons, and the
board did not find. the right-of-way to be acceptable.
Mr. Stoutenburg may be contacting you as to what
your recommendations would be to make the right-of-way
acceptable.
Please let us know if you would like to discuss
this matter or if you need assistance.
Thank you for your time and assistance.
Yours very truly,
Enclosures
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Southold Town Board of Appeals
MAIN ROAD- BTATI~ ROAD 25 SOUTHOLD, L.I., N.Y. 11cj71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
March ll, 1985
Mr. Peter R. Stoutenburg, President
Environment East, Inc.
RR #3 - 3075 Indian Nec~ Lane
Peconic, NY 11958
~e: Appeai No. 2760 - Richard Anderson
R-O-W off W/s Wunneweta Road, Cutchogue
Dear Peter:
This letter will confirm that the board has unanimously
agreed to authorize.a release of a building permit for a new
one-family dwelling concerning premises along this right-of-way
and owned.by Richard Anderson, the applicant, with the condi-
tion that prior to an insulation and subsequent inspections,.
the right-of-way be improved according to the November 20,
1980 ZBA decision unde~ Appeal No. 27Q0, and no further
construction be done once the framing inspection has been
approved.
Pleaqe keep us advised accordingly in order that we may
arrange fqr a final i~spection and acceptance of the improve-
ments.to.qhe right-of w~y, and feel free to call at any time
if you have any question~.
We are furnishing the Building Department with a copy of
this letter for their files.
lk
Building Department
Yours very truly,
Environment East, Inc.
R~ R. No. 3 - 3075 Indian Neck Lane
Peconic, New York 11958
516-734-7474
February 18, 1985
Southold Town Bd. of Appeals
Rain Road
Southold, h~Z 11971
Dear ~r. Goehrin~er snd Members of the $outhold Board of
On behalf of Mr. Richard Anderson of 333 East 30th Street,
New ~rk, NY 10016 I am re~uestin~ an acceptance by the
Board of the criteria set forth in report ~ 42~ dated
1/2~/85 bv John W. Davis.
~e to ur~sent weather conditions smd th~ heavy ecuip-
ment associated with the construction of a new home we
sre asking that the Board allow ~ir. Anderson to proceed
with obtaining a permit for~%the Southold Building De-
partment with the restriction theft no Certificate of
Occupancy will be granted until ~11 recomendations set
f~ th b~ Mr. Davis h~ve been complied with.
~ae work presently completed late this fall and early
this winter constitutes approxim-~tely 30[~ of the totsl
up ~realn~ r~u~red o!~ this R~.ht '~ay.
Fir. Davis w~s roost ~e!¥ful when I met him on the site.
~_~ 7ou~ ¥oU~r, consideration in this m~.tter.
Slncere~ y,
I-eter ~. ~to~e~bur~h
t r~sidemt
Environment ~.~st, tmc.
?RS:jm
To:
From:
Gerard P. Goehringer, Chairman
Southold Town Board of Appeals
John W. Davis
Report No. 423
Date: January , 1985 ~
Re:
Appeal No. 2760 - Richard Anderson
R.O.W. off West side of Wunneweta Road, Cutchogue
Comments:
I met Mr. P. Stoutenburgh on the site and inspected the work done to date
on the above access road as follows:
The present road is not within the R.O.W. (Map dated October ]0, 1980)
for most part. This was evident in driving over the present road as
constructed. According to Stoutenburgh, who was familiar with the
road work, the 1980 map R.O.W. was staked out and found to be unusable -
part of that R.O.W. was in the channel. Van Tuyl then staked out another
R.O.W. 15 ft. in width following approximately an existing road in the
area. Van Tuyl advised me that he has a map showing the relocated R.O.W.
2. The present road consists of 3" to 4" of small size gravel on the old
roadbed of some gravel and shells. The present gravel width varies from
]3 ft. to ]0 ft. Clearing in the R.O.W. is ~5 ft.~.
3. The alignment in the relocated R.O.W. is not in straight courses and has
some minor variations, not objectionable, due to following the existing
road.
4. The existing road within the lot will require some tree removal due to
a sharp turn not far from the end of the R.O.W. Water pipe has been
installed in the center of the road and electric service lines on the
left side up to the lot line.
5. Gravel was used instead of the required stone blend as requested by
other property owners in the area.
The present road is not acceptable now. It needs to be graded and more
material added to meet the same width as the R.O.W. I would suggest the
road be temporarily approved for house building operations but require an
additional 2" course of the stone blend, crushed concrete or equal before
final acceptance. Construction equipment, transitmix trucks, etc. can
damage this type of roadway.
A turning area for emergency vehicles would have to be provided for in the lot
area. At present there is a small cleared turnaround adjacent to the proposed
building site in the lot.
~ Chu~rman/~r. .... $ copies
O~igina! for ZBA fils -
Comments or Rsply Rsqussted
John W. Davis
Southold Town Board of Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH N. SAWlCKI
January 18, 1985
Mr. John W. Davis
Sterling Road
CutChogue, NY 11935
Re: Appeal No. 2760 - Richard Anderson
Right-of-Way off West Side of Wunneweta Road, Cutchogue
Dear Mr. Davis:
On November 20, lg80, the Board of Appeals rendered a decision
in the above matter requiring certain improvements, a copy of which
is attached for your reference.
It is the opinion of the board that these improvements have
not been made; however, we would like to have your opinion and
inspection of this right-of-way, and perhaps an alternative method
which might be suitable for vehicles.
Thank you again for your assistance.
Yours very truly,
Enclosures
GERARD P. GOEHRINGER
CHAIRMAN
0 0
I~ESOLVED, that all r. ights or xvay, .private roads or o[her means of adcess to
one or more p~rcels of laud or buildings shall conform to the followir~g requirement
1. Such access road shall have a v:idth of not less than 15 feet'. -
2. Such access road shall be cleared of all trees, brush and other obstructions
to k ~vidth of 15 feet. . .
3.' Such access road shall be.'impr6ved iff either 0£ the following methods:
(a) Such acdess rokd ~ha{1 be surfaced xvith Z minimum depth ~)f 4 inches
.of packed 3]4 inah stone b).en~ so as to afford access for emergency vehicles. Suc~
- stone ble~d.may be either applied to the gxfound surface and shaped or the surface..
' "~e' ' " ' ' packed blend to
may be excavated to p rrmit the application of .
(b) The access road shall hav~ to~. soil re.moved to a depth'of.. 8 inches
and th~n filled with 8 i{xches of a good grade of stone and s~ud bank run. The
surface shall then be covered xvith a laye~c of 2'inches to 4 inches of 3/4 stone blen,
or in the alterhati~e, oiled Wi'th a minimum .of 4/lOths of i g'allo~..°r road oil per
square yard.
4, No building permit shall be issued for the const~u~i~o~n of any
bui. ldings or structures on the premises to which this a~e~s '~s'¥~fer~
until all of the conditions set forth herein have ,been ~ompli, ed
Southold Town Board of Appeals
MAIN ROAD- EITATE: ROAD ~-5 SOUTHOI-D, I_.1., N.Y. llg'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, 3R. TYPE II ACTION DESIGNATION
ROBERT J. DOUGLASS NEGATIVE DECLARATION
d~oERARp is,. GOE..HRI.NG,ER;
sepn .. ~aw~cK1 NOTICE OF NO SIGNIFICANT EFFECT ON THE Et~VIRONMENT
Pursuant to Section 617.13 of the New York State Department
of Enviror~ental Conservation Act, Article 8 of the Environmental
Conservation Law, and Town Law of the Town of Southold, Section
44-4B, the Southold Town Board of Appeals has determined that the
following project is classified as a Type II Action not having a
significant effect on the environment and will not require any
other determination or procedure~ under the N.Y.S. Environmental
Quality Review Act.
DESCRIPTION OF PROJECT
Appeal No. 2760 Application of Richard Anderson, by. Gary
Flanner Olsen, Esq., Main Road, Box 38, Mattituck, NY 11952.
Location of Project: West end of right-of-way at Wunneweta
Pond, Nassau Point, Cutch0gue, NY.
Permission Requested: Approval of access, NY Town Law Sec. 280-a.
Date Of PublicHearin~: November 20, 19.80 at 8:35 p.m.
Documents on File: Appeal Application, Notice to Adjoining
Neighbors, Affidavit Attesting to the Mailing of said Notice,
surveys and/or sketches of the proposed project, Notice of Dis-
approval from the Building Inspector, Legal Notice of Hearing,
Environmental Assessment in the Short Form, Section of the
County Tax Map showing the subject property, & other documents as
may be required.
Person to Contact for More Information: Mrs. Linda Kowalski,
Secretary, Board of Appeals, Southold Town Hall, Main Road,
Southold, New York 11971; tel. (516) 765-1809.
Dated: October 31, 1980.
Copies to: Applicant's attorney.
Town Clerk Bulletin Board.
JUDITH T. TERRY -
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
TELEPHONE
(516) 765-1801
Southold, L. I., N. Y. 11971
October 31, 1980
To:
Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
JTT/bn
Enclosures
Transmitted herewith is Zoning Appeal No. 2760 ~pplication of Richard
Anderson for a variance. Also included are notification to adjoining
property owners as follows: John ~. O~Keefe II!, 707 Atlantic Street,
Melbourne Beach, Florida 32951. ~~ ~.~./~z4~e~
....... ~-T.o~,n. Cla~k.,
FORh4
0
~ (~) ]iV order to answer tile questions in this short EAF it is assumed
that the preparer ~,ill use currently available information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question hOS been answered Yes the project may be
significant and o completed Envlronmentol Assessment Form is necessary.
(c) If all questions hove been answered [qo it is likely that this
project is not significont. . ''
(d) Environmental Assessment ·
1. Will project result"'in o large physical change
to the project site Or physically alter more Yes~No
than 10 acres of: land? ........................ .
2. %'/ill %here be a major change to any unique or
-unusual land form found on %he si%e? .......... Yes]f No
3. %~ill )reject al%er or hove a large' effect'on -
existing body of water? ....................... Yes N.o
4.. Will )reject hove a paten%icily large impact
on groundwater quollty? ....................... Yes :No
5. %?ill )ro'jec% significantly effect dro%no.ge
sites? '
flow on adjacent '
6. Will ~roject affect any threatened or
endangered plant or animal species? ........... ., .Yes ~ N°
7. ¥1ill ~roject result in o major adverse
Yes~ No
on air quality? .............. ' .................
8. %'/ill ~roject have o major effect on visual
character of the community or scenic views or
vistas known to:be important to %he community? Yes~ No
~. %~ill project adversely impact any site or .'
. structure Of historic, prehistoric or
paleontological importance or any site .
designated as o critical envlronmentol oreo
· - -- Yes ~' No
by a local agency? .... '~"'''
10. %~ill project hove a major effect on exis%ihg
or future recreational opportunitips? ......... Yes'~ No
11. %~ill project result in.major traffic problems
o~ cause o major effect to ex-isting
Yes ~ No
transportation systems? ....................... ·
12. %~ill project .regularly cause objectionable
odors/ noise,' glare, vlbrotion, or electrlcol '.
disturbance as a result of %he project's
operation? ' Yes~_No
13. %~ill.project have any impact on public health
Yes N No
or.safety? .......... ·
14. win p oject affect
directly causing o growth in permanent
population of more than 5 percent over a one
year period or hove o major neg6tive
on tile charo~-~er/~the community or .
neighborhood?./....; .... ~ .......... ~ ..........
15. is ~here pub],~c cor~r~v~t'sy concernzng the '
REPRESENTING_ ~/' ~ . DA T E.~~~
(Today~
To: Southold Town Board of Appeals
Main Road
Southold, NY 11971 ~, ~--,~
Re: Appeal Application of -- . ..
Location of Property:
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 NYCRR, Part 661, and Article 25 of the New York
State Environmental Conservation Law, please be advised that the
subject property in the within appeal application:
(please check one box)
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at'least 100 feet in length.*
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs, and approximately __ feet in
length.
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
May be located within 300 feet of tidal wetlands;
and there is no bulkhead or concrete wall existing
on the premises.
[ ]
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
(*) indicate/~our~ property does
[Starred items jurisdict~ o~e N.Y.S.
not appear to fall within the
D.E.C.]
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, .JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
Joseph H. Sawicki
Southold Town Board of Appeals
MAIN ROAD- STAT;' ROAD 25 ~;I-IUTHOLD. L.I.. N.Y.
TELEPHONE (516) 765-1809
October 30, 1980
Gary Flanner Olsen, Esq.
Main Road
P.O. Box 38
Mattituck, NY 11952
Re: Application of Richard Anderson
280-A
Dear Mr. Olsen:
With reference to the above appeal application recently brought
in by your office, please find enclosed the following forms which must
be completed and returned as soon as possible:
,/ ~a) short environmental assessment form;
0 ti ~i~i ~ardconcerningDepartmentofEnvironmental
Also, please submit two additional surveys.
Sincerely yours,
Enclosures
Linda Kowalski, Secretary
BOARD OF APPEALS, TOWN OF SOUTHOLD .~, _
In the Matter ~ the Petition Of =
Richard Anderson :
to the Board of Appeals of the Town of Southold :
TO: John J. O'Keefe, III
NOTICE
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 ~ (Special Exception) (Special Permit) (the following relief: Approval of access under
Town Law Section 280 A and Article XI¥ Section 100-41 B ).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: North by Charts11: East by OtI~eefe: South by Wunneweta Pond: West by
Wnnneweta Pond
3. That the property which is.the subiect of such Petition is located in the following zoning district:
Agricultural/Residential
4. That by such Petition, the undersigned will request the following relief: Access Variance
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are: Section 280 A and Article XIV Section 100-41 B
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 a. gd.y.~u ma)' then and there
examine the same during regular office hours. /
/
7. That before the relief sought may be granted, a public hearing m~t be held on th~. matter by the
Board of Appeals; that a notice of such hearing must be published at least five days.prior to,the dat.e, of such
hearing in.the Suffolk Times and in the~Longlsland Traveler-Mattituck V~ tcl rnaz~./newspal~ers published in the
Town 'of Southold and designated for the publication of such notices; tjX. y( ~ your/e~resentative have the
right to appear and be heard at such hearing. R!.c. hard/A/
Dated:October 29. 1980 . By:
I~etitioner ~ ~'y Flannel~ 01sen - ·
Post Qffice Address
P. ~_ 1~o~ ~8. Main Road
~-~ '~ ~ -~' '~ Mattitnek. ~ew York 11952
NAME
JOHN J. O~KEEFE HI
PROOF OF MAILING OF NOTICF
ADDRESS
707 Atlantic Street
Melbourne Beach, Florida
32951
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
Cherie Lynn Russell , residing at (no number) Ber~ren Avenue.
Mattituck. Ny , being duly sworn, deposes and say'that on the 29th day
of ~-,t,~t~a~. .... ~19 RO. _, deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-n~a~med persons at the addresses set opposite their respective
names; that the addresses set opposite the name~ of said persons are the addresses of said personsas shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Mattltt~ek. NT' ; that said Notices were mailed to each of said persons by
(certified) (~l~z2~m~il. ~ ·
Sworn to befor~ me this '29th ~ ~ ' ~ r ;
day of _r~_t~k~ ,19 Rn
/'~ Notary/ub//lic
Cherie Lyhn Ru~ell
/
r
./
.z,e 6
.%
pJqAUTHORIZED ALTERATION OR ADDITIOb,
:1'O THIS SURVEY IS A VIOLATION OF
SECTION 72C'9 OF THE NEW YOKK STATE
[DLI~ATION LA\'V.
COPIE~ OF '~'.[.3 ?_'RV:2,.' t;A? :qOl LEAF, LNG
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MAP OF LAND
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