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HomeMy WebLinkAbout2738 ~OW~ OF SOU~HOLD, NEW ACTION OF TIlE ZOl~g/~ BOARD OF ~PPEALS AppealNo. 2738 Application Da~ August 27, 1980 AC~ON OF TREZONING BOARD OF APPEALSOFTtfETO~ OF SOUTROLD To Mr. Edgar J. Smith, Jr. 26 Lefurgy Avenue Hastings-on-Hudson, NY 10706 DATE10/9/80 Appellant at a meeting o£ the Zoning Board of Appeals on September 25, 1980~ was considered and lhe action indicated below was taken on your ( ) Request for variance dile io lack of access to property ( ] Request for a special exception under idle Zoning Ordinance (X)~ Request for a variance to the Zoning Ordinance A r t. I I i, S e c. .( ) 100-31 the appeal granted ( ) ~ de.ed p~suant to Article .................... Section .................... Subsection .................... pars~aph .................... of ~e Zoning Ordin~ce and ~e decision ~ the Building I~pector ( ) be revers~ ( ) be S~m~ix~<~x Application of 5__dgar J. ~th, Jr., 26 Lefurgy Avenue, Hastings-on-H~dson, NV 10706, for a Variance to the Zoning ~r~inance~ Article III, Section 100-31 for permission to construct addition to existing dwelling with insufficient front and rear yard setbacks. Location of property: Right-of-way off Village Lane (West Bay Avenue)~ Orient, NY; bounded north by Oyster Pond Historical Society, west by Wainer, south by Orient Harbor, east by Fox. County Tax Map Item No. 1000-24-2-9. (SEE REVERSE SIDE) 2. VARIA_~CE. By resolution of the Board it was determined that (a) Strict appl~calion of the Ordinance (would) (would not) produce hardship because (SEE REVERSE SIDE) practical difficulties or unnecessary (b) The hardship created (is) {f~ not) unique and (would) (would not) be shared by all properties alike in the irnraediate vicinity of th~s property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character ~f the district because (SEE REVERSE SIDE) (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and thai 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 that a~ticant is seeking a variance for permission to construct a new room and perimeter deck on the existing one and one-half story frame house. There is presently existing on the premises the subject house and detached garage located in the northwest corner, as well as an existing functional bulkhead with dock. The area of the subject premises is approximately 15,000 square feet. 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 adjoin- ing properties will be created; that no adverse effect or substantial change will be produced in the character of the neighborhood; that the circumstances herein are unique; and that the spirit of the zoning ordinance will be observed. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that Edgar J. Smith, Jr., 26 Lefurgy Avenue, Hastings-on-Hudson, NY 10706, be granted a Variance to the Zoning Ordinance, Article III, Section 100-31 permitting the construction of the addition to existing dwelling with insufficient frontyard setback of approximately 22 feet as applied for, and rearyard setback of approximately 45 feet as applied for in Appeal No. 2738. Location of property: Right-of-way off Village Lane (West Bay Avenue), Orient, NY~ bounded north by Oyster Pond Historical Society, west by Wainer, south by Orient Harbor, east by Fox. County Tax Map item Noo 1000-24-2-9. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. APPROVED Chairman Board of ~peals R -, IVED AND BY ~E SOUI~IOZD TOWN CL~K To-~ Cierl~, Town of Souti~ol6 NOTICE OF PUBLIC HEARINGS Pursuant to Section 267 of the Town Law and the Provisions of the Amanded Code of the Town'of Southold, the following matters will be held for public hearings, an addition to those previously advertised, by the Southold Town Board of Appeals, at Town Hall, Main Road, Southold, New York on Thursday, September 25, 1980: ~/ 8:25 p.m. Application of Edgar J..S~ith, Jr., 26 Lefurgy Avenue, Hastings-on-Hudson, NY 10706, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to existing dwelling with insufficient front and rear yard setbacks. Location of property: Right- of~way off Village Lane (West Bay Avenue), Orient, NY; bounded north by Oyster Pond Historical Society~ west by Wainer; south by Orient Harbor; east by Fox; County Tax Map Item No. 1000-24-2-9. 8:45 p.m. Application of Committee-to-Elect George Sullivan~ Main Road, Box 837, Southold, New York, for a Variance to the Zoning Ordinance, Article XI, Section 100-110A, B(1) for permission to erect (off-premises-directional) ground sign in a B-1 Business zoned district. Location of property: South side of Main Road Mattituck, New YQrk~ ' and Main ~oa~; bounded north by Pumillo, Hallock, Berninger, Jackson/ west by Matt-Agency, Inc., Jarzombek, Roth; south by Litchholt, Taylor; east by Biliunasr Jackson~ Berninger, Hallock, Pumillo; County Tax Map Item No. 1000-143-3-33.2. Dated: September 12, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish once, commencing September 18~ 1980 and forward two affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971. (516) 765-1809 or 1802o NOTICE OF PUBLIC HE~IRINGS Pursuant to Section 267 of the Town Law and the Provi- sion~ of the Amended Code of the 'Town of Southold, ~ the follOWing matter~ will be hel~ for public hearings, in addi- tion to those previously adver- tised, by the Southold Town Board of Appeals, at Town Hall, Main Road, Southold, New York on Thursday, Sep- tember 25, 19~0: ' ,~_ 8:25 p.m. Applica,~ion of Ed- gar o. ~mim~ ~r.,~~ or ' Location of~l~r~ ~l~erty: Right- Bay Avenue), Orient, NY; bounded north by Oyster Pond Historical Society; west by Wainer; south by Orient Har- bor; 'east by Fox; County Tax Map Item No. 1000-24-2-9. 8:45 p.m. Application of Committee-to-Elect George Sullivan, Main Road, Box 837, Southold,. New York, for a Variance to the Zoning Ordi- nance, Article XI,~ Section 100- ll0A, B(1) for permission to erect (off-premises.direction. al) ground sign in a B-1 Busi~,~ ness zoned district. Location of property: South side of Main Road, Mattituck, .New York; bounded north by Pum- illo, Hallock, Berninger' Jack- · son and Main Road; west by Matt-Agency, Inc., Jarzom- hek, Roth; south by Litchholt, Tay}or; east by Biliunas, Jackson, Berninger, Hallock~ Pumillo; County Tax Map Item No. 1000-143-3-33.2. Dated: September 12, 19~0. BY ORDER OF THE SOUTHOLD TOWN : OF SUFFOLII, l ~ ss: OF NEW YORK, j BOARD OF APPEALS, JOAN GU STAVSON being duly Sworn. 1TS18-3522 .1~ ............................... s~/s that .~.H.E. .... is Printer and Publisher of the SUFFOLK WEEKLY TIMES. a newspaper published at Greenport. in said county: and that the notice, of which the annexed is a printed copy. ,has been published in t'he said Suffolk Weekly Times once in each week, ~or ONE weeks successively commencing on the SEPTEMBER ,~ 80 Sworn to before me thisn.i.n.e..~.e.e..n.~tt day of .~.ep.~..~.m.b.e..r ....... 19..8.Q. MARGAP'?.[ A Y©',JiWG NOTARY PU[$LiC. State ol P~e',v York Suftolk County No 52-97'76895 Term Expires March 30, 1982 NOTICE OF PUBLIC HEARINGS Pursuant to Section 267 of the Town Law and the Pro- visions of the Amended Code of the Town of Southold, the following.ma~ters will be held for public hearings, in addi- tion to those Previously ad- vertised, by the Southold Town Boarit of Appeals, at Town Hall, Main Road, South- old, New York on Thursday, .September 25, 1980: 8:25 p.m. Application of Edgar J. Smith, Jr., 26 Lefurgy Avenue, Hastings-on- Hudson, NY 10706, for a Variance to the Zoning Ordin- ance, Article HI, Section 100- 31 for permission to construct addition to existing dwelling with insufficient front and rear yard setbacks. Location of property: Right-of. way off Vil- lage Lane (West Bay Avenue), Orient, NY; ~ bounded north by Oyster Pond Historical Soci- ety; west by Wainer; south by Orient Harbor; east by Fox; County Tax Map Item No. 1000-24-2.9. 8:45_~:~: ~_App!icatt0n of ..._Co__Committee-to-Elect George _ ROad, ~.._~_utl~?_!d: New York, for a ~_V. ariance to the Zoning 0rdin- ,=....ance, Article XI, Section 100- .]]'0A, B(1) for permission to e'='r~ct~ ~'.(0.ff-premises.direction, q_.ground sign in a B-1 ,.~.Bu.~'~S Zoned district. Loca- ting. of property: South side of .... q~. Road, Mattituck, New York; bounded north by Pum- il]~-Hallock, Berninger, Jack- sj~rr~..._~_ d Main Road; west by ~-?gencY, Inc., 3arzom- 'be~? Roth; south by Litchholt, · ~Tayl~r';' east by'Biliunas, Jack- son, Berninger, Haliock, Pum- illo, County Tax Map Item No. 1000-143-3-33.2. Dated: September' 12, 1980 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ]~T, 9/18/80 (2) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Ijdand Traveler-Watch- / man once each week for .............. ~.. ....................... weeks successively, ~ommencing on th~ I Y O~ IdOT~,~ ~BLIC, S~e of r~ 52.~9321725 eom .Residin~ in Suffolk m~sion Ex~ire~ Mar~ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ....~.~. ..... ~.~..~.... ..~....~. ................ 7'-- P'LEASE TAKE NOTICE thor your opplicotion doted ..... ~..~..~--~....~r..~.. ..................... , 19..?...~.. for permit to construct .~....~....~...../../.~..~.t~-~ ............... o.t~the premises Iocot~d ot ..~.~.~....~.'~..~. ~.~.d~-. ~.(.J....'T7...?....~...~..... ,lock ..... .~...~ .......................... Lot ...... ...~....~...~.. ............................ is returned herewith ond disopproved on the followin§ grounds~.~-/~..~-~./...~..,.~...~. .~,.. ...... ~.~ z.-z.d~.,~..~.....p.n"..,,~.,<.~.....=..z~...s't....o..~:~..r...,:~.~ ....... .~..~'.z ...... ~.~..~ ............. ........ .~.~.....~ ........... ~'..~.....-.z~.~..~.~..x.. ....... .~..o..~.4.......~.c.~.~~ ...... .~...... z~.~...'.m... ~~. ............................................... 0 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 7, (We) ~..4~.~. ~ ..4...m/r~./...~o~ ..... ..2...~ ..... ~.~,g~.~.. ....... ~.~.,~ ..... ..........................................Name of Appella,n.t Street and Nufnber ~...?/....~/...~.......~.~.-.~...T...~...~....~....~'~.....~.~ .... ~.. ......... ...~....:.Z.; ......... HEREBY APPEAL TO Municipality ~tate THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ..................................... .... WHEREBY THE BUILDING INSPECTOR DENIED TO .... Name of Applicant for permit o ~ .~ -~ . . . .z. . ~ ~ .~ & ~ . . . . ~ ~ ~ . : , . . .W. . . .,~ ~ ~ . ~. . .~. . . . .-. . . .W. . . ?. .~4,~ . .,,. . . ~ ~ , ' ~ Municipality State Street and N~mber ( ) PERMIT TO USE ( )//PERMIT FOLOCCUPANCY 7. 'LOCATION OF THE PROPERTY ..../~'....~'...~...?....,...~,...~.~....,...~....~..~...~...//~. ........... /~. ...... ..~....~...,~. ............ Street Use District on Zoning Map 'i;~;'~;' ~;;.' ................................... i';;;"KI;;: ............. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Z nin Ordinance by number. Do not quote the Ordinance.) 3 T~E OF APPEAL Appeal is made herewith for (~'"' A VARIANCE to the Zoning Ordin,ance or Zoning Map ( )' A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( )~, Variance to Section 280A Subsection 3 (~A Variance to the Zoning Ordinance (') is requested for the reason that ~'~ ~ ~ ~ ~,.~--~.~.~~ ~ ~,o~a~"~.3B Z'~~~~ ~ ~nue~sid~~~/ ~' REASON FOR APPEAL Continu~cl 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE ) ss COUNTY (~~' ' ) Notary Pub c .... EtlZABETH ANN~ NL~VIf-LE MOTARY PUBUC,State of New York ~. 52.8~25850. Sulfoll< Count.,., l~er.m.E,tl~e~March 30, DEPARTMENT OF PLANNING (516) 360-5513 LEE £. KOPPELMAN DIRECTOR OF PLANNING Board of Appeals Town of Southold October 15, 1980 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk coUnty Planning Conmission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Dolores Strong (Re-hearing) William & Rita Hilton cog~r J' S~th,Jr- ttee-To-Elect George Sullivan 2710 2737 2738 2744 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Ci'-~;LF PLANNER VETERANS MEMORIAL HIGHWAY · HAUPPAUGE, L. I., NEW YORK · C TOWN CLERK Building Dept. Planning Bd. Board of Appeals TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 765-3783 765.266O 765-1809 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance Appeal No, Z738 Edgar ~]. Smith, ~]r. ................ Amendment to the zoning ordinance 26 Lefurgy Avenue ................ Zoning changes Hastings-on-Hudson, NY 10706 ................ Special permits ..... Xz~ ...... Variances Art. [ZI, Sec. 100-31 Location of affected land:..W eJ.t...B ay... Av.a.,....(.R.-..0..-. I~...Q.f.¢....V..t .1.]. a.ge...L a.,. } .,... 0.r..t ell .t;.,... J~Y. ..... within 500 feet of: (check one or more) 1000-24-2-g ..... X-X ...... Town or village boundary line, or shore line Or1 ant Harbor ................ State or county road, parkway or expressway ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county owned parcel on which a public building is situated ,~., Commen~: Permission was granted for applicant to construct frontyar.d and rearyard addttton wtth Insufficient setbacks as applled for and shown on the attached. Date received by Suffolk County Planning Commission File No ................................. (signed) Southold Town Board Appeals -ll- September 1980 PUBLIC HEARING: Appeal No. 2738. Application of Edgar J. Smith, Jr., 26 Lefurgy Avenue, Hastings-on-Hudson, NY 10706, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to existing dwelling with insufficient front and rear yard setbacks. Location of property: Right-of-way off Village Lane (West Bay Avenue), Orient, NY; bounded north by Oyster Pond Historical Society, west by Wainer, south by Orient Harbor, east by Fox. County Tax Map Item No. 1000-24-2-9. The Chairman opened the hearing at 8:41 p.m. by readi'ng the appeal application, legal notice of hearing and affidavits attesting to its publication in the local and official news- papers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: We have a copy of the County Tax Map and copy of Van Tuyl's survey showing the additions as proposed. It would bring the sideyard down next to the property to Fox to 22.25 feet. And the back lot line would be at the closest point 15 feet. The other corner will be quite a bit further away. The lot runs on an angle. Is there anyone here that wishes to speak in favor of this or add to the application? Mr. Smith. EDGAR J. SMITH, JR.: I'd be happy to offer any informa- tion. The cottage as the two of you at least know. The cottage is on the perimeter of the Orient Harbor. And we are the last cottage on the right-of-way; ours is the last one. So that we have to go over other persons' land with their right-of-way to get to ours. The result of that is that the strict construction of the zoning ordinance requires that you consider the end of that right-of-way where it comes into our property as being a road. As if you draw a line parallel to that point, you then establish the actual side of our yard, of our house, as the front for the purposes of zoning definitions. So that the result is that the front of our house became the side of Our house; and the side of our house became the front ~f our house for purposes of~ requesting a building permit. If you were to regard the house at its natural setting, the front of the house actually (changed tape). The need for the addition is not unlike the gentleman who spoke before. I have a 13-year-old daughter and an Il-year-old son; and we have one bedroom in the back and it's just not working out any longer. They bring friends and things were getting just too crowded. The proposed change to the cottage will conform to the character of the neighbor- hood; and in fact we are setting back considerably more than others down the line. So it will be in conformance. I don't know that I can have anything else. I think it's sort of fair to sort of characterise it as being a kind of fluke in ~outhold Town Board of Appeals -12- September 25, 1980 (Mr. Smith continued:) the interpretation of the zoning laws, and that if in fact the interpretation weren't there that there would be no problem with the addition. MR. CHAIRMAN: Thank you, Mr. Smith. It is rather unusual-- MR. SMITH: May I add one other thing? There is no way to construct the addition differently from the way we done it. We can't go up. We are, our cottage has two roofs, like that, and we can't take them off and go up. We'd have to go up the sides. MR. CHAIRMAN: Thank you, Mr. Smith. It is rather unique when you look at the house and it's supposed to be the front of it, and there are no doors at all on the front. I never saw a house yet in front of the house that didn't have a door on it. MR. SMITH: I had some trouble understanding that. Mrs. Kowalski will tell you. As MR. CHAIRMAN: Is there anyone else that wants to say something in favor of this? Anyone wishing to speak against it? Anyone else have any questions? MEMBER DOUGLASS: Yes, I'd like to ask something. Mr. Smith, back when I was a kid, which is a while ago, that right-of-way used to continue across in front of your home and on through the next property to what was called State Street at that time. And the only thing they did was stick three or four rocks in that rock wall .on your north side plugging it up. Was that ever an official right-of-way through there? MR. SMITH: I have some understand of the history, Mr. Douglass, and I can't answer that question. All I know is that somewhere around maybe 30 or 40 years'ago, I think the previous owner of the Wainer property blocked it off and since that time vehicular.tcaffic hadn't gone through. People and dogs and swans and everything, they go by. I discussed with the zoning, people from the building depart- ment, my theory that the road going in front of my house was in fact a road. Therefore we didn't have a problem. They were unable to accept that because vehicular traffic does not go through. The fact that cars come up and down and turn around and all is not for them. And so they suggested that the best way of resolving the problem was to go through the variance rather than having to get an opinion from whomever, that the road going by the front of our yard really was a road for purposes of the zoning statutes. Southold Town Board of Appeals -13- September 25, 1980 MEMBER DOUGLASS: in the deeds? Did you ever have a--did anybody go back MR. SMITH: Did I ever have anybody go back in the deeds? MEMBER DOUGLASS: if it ever was? Yeah, or look back in the deeds to see MR. SMITH: There would be nothing on my deeds to-- MEMBER DOUGLASS: Because it was Stevenson that closed it off. Stevens, or whatever that closed it off. MR. SMITH: Well, I am hopeful that you may grant the variance; and it was suggested to me that it was the better way of proceeding to simply go forward with our work, rather than trying to prove that a road was there. I'll tell you personally that I think that if there ever was an easement over in front of the present Wainer property for vehicular traffic, that it probably has been extinguished. I would not argue the same with respect to my house, but I would prefer not to have to go through the argument. MEMBER DOUGLASS: I was just wondering if you had the information, or if you had found it anywhere, because if you had found it somewhere, why it still would be in existence. MR. SMITH: Yeah, but it's--unless I have to do it, I, ~t's not worth all that-- MR. CHAIRMAN: If there are no further questions, I'll vote for a resolution closing the hearing and reserving decision. On motion by Mr. Grigonis, seconded by M~. Douglass, it was RESOLVED, to close the hearing and reserve decision in the matter of Edgar J. Smith, Jr., Appeal No. 2738. Vote of the Board: AyeS: Messrs. Grigonis, Doyen, Doug- lass, Goehri.nger and Sawicki. RE-HEARING. Appeal No. 2710. Application of Dolores Strong, Camp Mineola Road, Mattituck, New York (by Richard J. Cron, Esq.) for a re-hearing to reconsider the decision of this Board made on July 1, 1980, wherein applicant requested permis- sion to display and store openly boats and marine items outside of enclosed buildings. Location of property: 11455 Main Road, Mattituck, NY; bounded north by Mileska, south by Burgon, west New York State Department of Environmental Conservation Regulatory Affairs Unit Bldg. 40, SI.E~ - ~om 219 Stony Brook, New York 11794 516-751-7900 September 18, 1980 Robert F. Flacke Commissioner Hr. Grigonis, Chairman Southold Town Board of Appeals Main Road State Road 25 Southold, New York 11971 Dear Hr. Grigonis: In respomse to your letter of inquiry dated 9/11/80, t~o points need to be emphasized as to whether a bulkhead is functioning and substantial. A bulkhead is functioning if it is high enough and Solid enough to pre- vent its being penetrated or over topped by tidal waters. In other words it should contain tidal waters from the upland at all times except during an unusually violent storm or hurricane. A bulkhead is substantial if it is functioning unless it needs to be reconstructed or replaced. If minor repairs to the existing structure can restore it to a functional condition as described above the bulkhead could still be considered substantial. If there are doubts on a specific project as to NYSDEC's extent of Juris- diction, the owner (or his authorized representative) should send the Division of Regulatory Affairs a letter of inquiry briefly describing the proposal, a project site plan and location map. The site proposal will then be field inspected. In some instances polaroid~photos might facilitate an evaluation. Hopefully, the above consideration~ will assist you with review of .your applications. DJL:RNT:ll Very truly yours, Regiona~g · Affairs cc: Chronological File R. Thurber APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Southold Town Board of Appeals MAIN ROAD- STATE Rr'IAD 25 SDUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 . September 11, 1980 Mr. Robert N. Thurber N.Y.S. Dept. of EnviroNmental Conservation Building 40, S.U.N.Y. Stony Brook, NY 11794 Dear Mr. Thurber: This letter will confirm a telephone conversation had yes- terday between you and our office to be sure that we are in agreement with certain Land-Use Regulations and whether or not it would appear to be within D.E.C. jurisdiction. One instance discussed was waterfront property with a functional bulkhead at least 100 feet in length. It is our understanding that if the property were elevated to a contour reasonably above mean sea level and slopes equal to or exceeds the natural angle of repose of the soil (within the landward boundaries), then it would not appear to be requiring any D.E.C. permit or notification letter. [The project particularly, is a proposed addition to an existing dwelling, which would be built approximately 65 feet from the existing functional bulkhead.] Please respond in writing if you do not agree with the above. Thank you for your assistance regarding this matter. Sincerely yours, CG:lk Charles Grigonis, Jr. Chairman O GENERAL SIGNAL EDGAR J. SMITH, JR. September 4, 1980 Mr. Charles Grigonis, Jr. Chairman Southold Board of Appeals Southold, Long Island, New York 11971 Dear Mr. Grigonis: As we agreed yesterday, I will hold the letter of August 29th sent out over your signature until clarification of the reasons for its issuance. In the meanwhile, I will not contact the D.E.C. for formal permission to build (on the premise that it doesn't make sense to ask them for per- mission to do something we think we can do), and I will assume that the variance application will be processed for the September 25th meeting. As I mentioned, Mr. Hinderman shares your belief that the D.E.C. should have no concern (although I am not certain that Ed's reason is the bulkheading). I have called the D.E.C. on an unnamed "client" basis, and the information given me was that a substantial functioning seawall eliminates their jurisdiction, which is what you told my wife and me. I obviously have no interest in involving the D.E.C., and I would hope that we could end the matter at this point and withdraw your letter of the 25th. I look forward to hearing from you after you have talked with Mrs. KoWalski. Please call collect this time. Very truly yours, EJS:eam HIGH I::IIOGE I~AF::IK · 8TAMI:OFID, OONNECTIOUT OBi) 04 · I~HONE 203-357-B800 O O GENERAL SIGNAL E[DGAF~ ,3. SMITH, ,31:1. September 3, 1980 Mr. Robert Van Tuyl Greenport, Long' Island, New York 11944 Dear Mr. Van Tuyl: I think you know that we were able to apply for a zoning variance for our Orient cottage in order to make the deadline for the September 25th meeting. In doing so, Mrs. Kowalski (the Zoning Board of Appeals secretary) agreed to substitute your completed certified drawing of the new loca- tion boundaries of the proposed work for the drawing which my wife and. I prepared as a part of the package of material to be submitted. Your certification of the height of the cottage above mean high water is also required. As I understand it, you expected to get at the drawings this week and I am grateful for the quick help. -Please accept my thanks for the quick service and please send to the SOuthold authorities and me a copy of the drawings made. Very truly yours, EJS:eam cc: Mrs. Linda Kowalski~/ Southold Town Building Department Town Hall Southold, New York 11971 HI~I-.I I::II[~GE FARK - STAMFOR(~), CONNECTIOUT OBi04' I:HONE 203-357-8800 0 0 Southold Town Board of Appeals SOUTHE]LD, I. I., N.Y. 11cJ71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS 2,C3~,qT W. CILLISP:."-, JP.., CH.'M RMAN CHARLES GRIGONIS, JR. ~ Chairman SERGE DOYEN, JR. TERRY TUTHILL ROBERT Jr DOUGLASS Gerard P. ~ehringer August 29, 1980 Mr. Edgar J. Smith, Jr. 26 Lefurgy Avenue Hastings-On-Hudson, NY 10706 Re: Appeal No. 2738 Dear Mr. Smith: Recently, you filed an appeal application fOr a variance for permission to construct deck with insufficient front and rear yard setbacks at property fronting Orient Harbor, Orient, New York. Inasmuch as your property appears to be in an area which falls under the jurisdiction of the N.Y.S. Department of Environmental Conservation, it is advised that you contact their regional office located at the State Uni- versity of New York at Stony Brook, Building 40, Stony Brook, New York 11794 (tel. 516-751-7900). After this proposed project has been cleared with the N.Y.S. Depart- ment of Environmental Conservation, please forward copies of their final determination to our office in order that your variance application may be processed accordingly. If you have any questions, please do not hesitate to call our office at 765-1809 or 1802. Sincerely yours, CHARLES GRIGONIS, JR. CHAIRMAN Southold Town Board of Appeals MAIN RnAD-STATE RnAD 25 SnUTHnLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER TYPE II ACTION DESIGNATION NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Pursuant to Section 617.13 of the New York State Department of Environmental 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 Appe.al No. 2738. Application of Edgar J. Smith, Jr., 26 Lefurgy Avenue, Hastings-on-Hudson, NY. Location of Project: Right-of-way off Village Lane, Orient. 1000-24-2-9. Permission Requested: To construct addition to existing dwelling'wifh insufficient front and rear yard setbacks. Date of Public Hearing: September 25, 1980 at 8:25 p.m. Documents on File: Appeal Application, Notice to Adjoining Neighbors, Af'fid~vit 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. Pe.rson 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: August 28, 1980. Copies to: Town Clerk Bulletin Board. Supervisor W. Pell. K JUDITH T. TERRY · TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 August 27, 1980 TO' Southold Town Zoning Board of Appeals From' Judith T. Terry, Town Clerk T~ansmitted herewith is Zoning Appeal No. 2738 application of Edgar J. Smith,Jr. for a variance. Also included are notification to adjoining property owners as follows: Oyster Ponds Historical Society, Orient, New York 11957; Dean K. Fox, Orient, New York 11957; Douglas F. Wainer, 6360 Ridge Drive, Bethesda, Md. 20016. JTT/bn cc'file Enc./ Town Clerk 0vm 0F sOuTH0 B SHORT EI~RONMENTAL ASSESSMENT ~ o~de~ ~o answer ~he questions ~n th~s sho~ EAF ~ ~s assumed the p~epo~e~ w~}} use cu~rent}y p~ojec¢ and the }~ke}y ~mp~cts of the action. additional s~udies~ research or other ~nvestigotions will be undertaken. (b) If any queslion has been ons'~ered Yes lhe project may be significanl and a compleled Environmenlal Assessmenl Form is necessary. (c) If all questions have been answered No it is likely that this project is no~ significant. . -- Ehvironmental Assessment (d) ~. 'Will project resul'{"in a large physical change to the projec~ site or physically alter more ~No than 10 acres of: land? ........................ Yes z 2. Will there'be a major change fo any unique or ~No ' -unusual land form found on the site? .......... Yes 3. Will project alter or have a 1ar9e efFect'on ...... existing body of ~ate~? ....................... , Yes 4. Will project have o potentially large impact ' on groundwater quality? ....................... Yes ° ' Yes flow on adjacen¢ sites? ..................... ,'' 6. Will project affect any threatened or endangered plant or animal species? ........... Yes 7. Will projec~ result in o major adverse e~fe~t - - '' ~ on air quali~y? ............................... Yes 8. Will project have a major effect on visual character of the community or scenic views Or. vistas known to-be imporlanl to the community?. '.Yes~_ ?. Will project adversely ~mpoct any site or structure o~ historic, Prehisloric or .. paleontological importance or any site designated as a critical environmenlal area by o local agency ............... ' = 10. Will project have o major effect on existing or future recreational opportunities? ......... . ~.Yes_ ~o 11. Will project result in major ~roffic problems o~ cause o major effect to existing transportation systems? ....................... Yes o 12. Will project .regularly cause objeclionable odors, noise, glare, vibration, or electrical. disturbance os o result of the project's Yes ..... ' ....... ; .... 3gii2'fi i[ '- 13. Will project o or.so~ety? .................................... Yes. 14. Will project affect the existing community by = directly causing o growCh in permonenl population of more than 5 percent over o one year period or hove o major negative effect on the choral{er of the community or neighborhood? ................................. Yes 15 ls there public controversy concerning fhe · Yes project? ...................................... : PREPARER'S SIGNAIURE BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: YOU ARE HEREBY GIVEN NOTICE: NOTICE 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of $outhold (V ' ) ~c---. , c..~..:~ ~c-~-'-, r~ ....... ~ ~ .... ~,, .... ; ....~r. to request a arlance o 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: 3. That the property.which is the subject of such Petition is located in the foIIowingroning district: 4. That by such Petition, the undersigned will request the following relief.: ~~~ ~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: 6. That within five days from the date hereof, a written Petition requesting the relief specified above will he 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. 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. Post Office Address NAME PROOF OF MAILING OF NOTICE ADDRESS *-'*-"cc 9£61 '.ld¥ '008£ LUJO:[ Sd STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: residingat ~~a/ Z,~F'M/~"~Y ~8'., being duly sworn, deposes and says that on the ,~ 7~day ELIZABETH ANN NEVILLE NOTARY PUBLIC,State of New York No. 52-8125850, Suffolk Term E. xp~es March-30, Sworn to 13efore me this day of of /~U~- u ¢~" .19 .~ . deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names or.id persons are the addresses of said persons as shown on the current assessment roll of the Town of SoutholdT. that said Notices were mailed at the United States Post Of- fice at ,5'~g/~',~'e~- ~ / e4/-/J~. ; that said Notices were mailed to each of said persons by (certified) ~ mail. C)  CTION 72~9 OF T~ N~W YORK STA~ ~ATION LAW PIES OF THIS SURVEY MAP ~T ~ r~E LAND SURVeYor's IN~ SEAL O~ ~BOSSED SEAL SHALL NOT ~ CO~ T_~BE A VAL,D [~U~ COPY. ~ARANTEES ~ND~CA~ED H~REON SHALL O~LY TO TH~ ~SON FOR W~iOM THE TITLE COMPANy, GOV~m:~Ni'AL ~ LE~DING INSTITUTION L~STED H~, ~ r~.THE ASSIGNEES OF THE LENDI~ ~' ~,ON. GUArANtEES AP~ NOT T~ ~-I. .'t.. I To ,,,,~ o,= 5oJY',o,. o, At. Y. I0 F L M--P- II SEE SEC. NO. 1:52 I ? ~'°4(c ) H OYST I S7-~ ~,~ '"~ICAL ~POND b'OOlETy / / L4.) ST. (=o') 6 13 /6 19 .fi- o _~.N ~36~500