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HomeMy WebLinkAbout3464 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPE~S Appeal No.3464 Application Dated Februar3 ]0, TO: Mr. led Dowd 201 13th Street East Tierra Verde, FL 33715 (NYS D.E.C. Action 2/19/85) 1986 (Trustees Action 9/25/86) [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on November 3, ]986 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 [×] Request for Variancesto the Zoning Ordinance Articles III , Section ]00-3]. Bulk Schedule and Article IX, Section 100-119.2(8) [ ] Request for Application of TED DOWD for Variances to the Zoning Ordinance, Articles III, Section ]00-31, and XI, Section 100-119.2 for permission to locate new single-family dwelling: (a) with an insufficient front- yard setback, (b) with an insufficient sideyard setback, (c) with an insufficient rearyard setback, (d) with total lot coverage in excess of maximum-permitted 20%, (e) with insufficient setback from tidal wetlands~ Location of Property: 350 Rabbit Lane, East Marion; County Tax Map Parcel No. 1000-31-18-8. WHEREAS, a public hearing was held and concluded on October 1986, in the Matter of the Application of TED DOWD under Appeal No. 3464; and 22, WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests permission to construct a new single-family dwelling structure: (a) with an insufficient frontyard setback at 20 feet at its closest distance, (b) with an insufficient easterly sideyard setback at five feet, (c) with an insufficient rearyard setback at 19 feet at its closest point, (d) with total lot coverage in excess of maximum- permitted 20 percent, (e) with an insufficient setback from tidal wetlands at 19 feet (from Ordinary highwater mark), all as shown on sketched survey revised April l, 1985. 2. The premises in question is a located along the south side of Rabbit ship of Southold, New York, containing described parcel of land Lane, East Marion, Town- a total area of 4,734± sq. (CONTINUED ON PAGES TWO AND THREE) DATED: November 3, 1986. For/n ZB4 (rev. 12/81) CHAIPd~AN, SOUTHOLD TO,TN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3464 Ma~ter of TED DOWD Decision Rendered November 3, 1986 ft. with 50.36 ft. frontage along Rabbit Lane and lot depth of 94 feet. 3. The subject premises is located in the "A" Residential and Agricultural Zoning District and is vacant. Abutting the subject premises to the west is a parcel improved with a dwelling structure set back 24± feet from Rabbit Lane. The premises immediately east of the subject parcel is also presently vacant. 4. Article III, Section lO0-31, Bulk Schedule of the Zoning Code requires a minimum: (a) frontyard setback at 35 feet (or the average established within 300 feet, 100-33); (b) sideyard setback at l0 feet, (c) rearyad setback at 35 feet. Article III, Section 100-31, Bulk Schedule, limits lot coverage to a maximum of 20 percent of the total lot area. Article XI, Section 100-119.2(B) requires all buildings proposed on lots adjacent to tidal water bodies other than the Long Island Sound at not less than 75 feet from the ordinary highwater mark. 5. The amount of relief requested in relation to the zoning requirements are: (a) front yard, 15 feet, or 43% (b) sideyard, five feet, or 50%, (c) rearyard, 16 feet, or 46%, (d) lot coverage, 703.2 sq. ft., or 74.5%, (e) wetlands setback, 56 feet, or 75%. 6. The board finds the general configuration and contours of the parcel lend to the difficulties in locating a principal structure, and strict adherence to the code regulations would not be feasible. 7. It is the opinion of the board that the percentages of relief requested in relation to the requirements are substantial and are not the minimal necessary under the circumstances. In considering this appeal, the board also finds and determines that in granting reduction in the relief as an alternative: (a) the project will not be inconsistent with those generally existing in the neighborhood; (b) the relief will be the minimal necessary under the circum- stances; (c) the circumstances of the property are unique; (d) there will be no substantial change in the character of the area; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, conven- ience or order of the town; (f) in view of all the above factors, the interests of justice will be served. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that the following relief be and hereby is GRANTED in the Matter of the Application of TED DOWD under Appeal No. 3464 in the proposed placement of a single-family dwelling structure: 1. The frontyard setback not be less than 24 feet, in line with the existing dwelling abutting this property to the west (presently Moor); 2. The easterly sideyard not be less than nine feet, and total sideyards 24 feet (15 and 9); 3. The total lot coverage for all structures not to exceed 22% at this time; (CONTINUED ON PAGE THREE) Page 3 - Appeal No. 3464 Matter of TED DOWD Decision Rendered November 3, 1986 4. No construction or disturbance of area within 25 ft. of ordinary highwater mark (except for bulkheading as may be recommended by State, County or Town agencies, and after receiving appropriate approvals in writing); 5. Setback from rear property line and ordinary high water mark be not less than 25 feet. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk November 12, 1986 ) BY Tcwn Clerk, Town c~ }?oul},cl ! NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN , pursuant to Section 267 of the Town Law and the Code of the Town of Southold , the following public hearings will be held by the 'SOUTHOLD 'TOWN BOARD OF APPEALS at the Southold. Town Hall , -Main Road, -Southold ; NY -at a Regular Meeting commencing at -7 :30 .p .m. on WEDNESDAY , OCTOBER 22, 1986 and as follows : 7 : 35 p .m. Appeal No . 3538 - Reconvene Hearing - JEFFREY BETTANCOURT. 7 :40 p .m. Appeal No . 3464 - TED DOWD. Variances to the oning Ordinance , -Articles III , Section 1-00-31 , and XI , Section 100-11.9. 2 for permission to locate new si-ngl-e-family dwelling : (-a ) with an insufficient frontyard setback; -(�b ) with an insufficient sideyard setback , -(c ) with an insufficient rear- yard -setback ,' ' (d) with total- lot coverage in excess of maximum-permitted 20%; (e ) ,with insufficient setback from tidal wetlands . Location of Property: � 350 Rabbit Lane, East " Marion ; County Tax Map Parcel No . 1000-31 -18-8. 7 :45 p .m. Appeal No . 3552 = 'JOHN 'SENKO ('by G. Strang ) . 7 : 50 p .m. Appeal No . 3567 = 'THOMAS .WICKHAM. Variance to the Zoning Ordinance , Article XI , Section 100-119. 2 for permission to construct addition- to dwelling within 75 feet of wetlands.'and highwater mark along the West -Side of West Creek Avenue ; Cutchogue , NY; County. Tax Map Parcel No . 1000-103-13-10 .- 7 : 55 p .m. Appeal No . 3563 = 'RITA -F: 'GLEDICH. Variances to the Zoning Ordinance , Articles III , Section 100-31 , Bulk Schedule , 'and XI , 'Section 100-119 . 2 , for permission to construct dpen deck and dwelling addi-tians with : ' (a ) total lot coverage in excess of maximum-permitted 20% of lot area , and (b ) an insufficient setback from tidal wetlands and highwater mark along Eugene ' s Creek , at the East Side of Oak Street , Cutchogue , NY ; County Tax Map Parcel No . 1000-136-1 -46 . - 8 :05 p .m. Appeal No . 3550 - JOSEPH AND 'LINDA SCHOENSTEIN . Variances to the Zoning Ordinance , Articles : (a ) VI , Section 100-60 for permission to expand nonconforming use of welding business in this "B-Light Business " Zoning District ; (b ) XI , Section 100-119. 2 (B) for permission to construct new building Page 2 - Notice of Hearings Regular Meeting - October 22 , 1986 Southold Town Board of Appeals and expand nonconforming welding business use within 75 feet of wetlands area , at premises located along the south side of Main Road , Greenport , NY-; County Tax Map Parcels No . 1000-53-2-12 , 13 , 15.1 (15); Lots 172 , '173 , 174 , Peconic Bay Estates Map No . 65-8 , and Map No . 1124 as Amended . The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the. above hearings.. Written comments may also be submitted prior to the conclusion of the subject hearing. _For more information , please call 765-1809 . _ Dated : October 2 , 1986 . BY ORDER OF THE SOUTHOLD TOWN BOARD ..OF APPEALS GERARD P . GOEHRINGER, CHAIRMAN Linda Kowalski , Board Secretary -----------------------------------------------------------------x Copies to the following on or about 10/9/86 : Mr . J . Bettancourt , 417 West 21st Street , NY , NY 10011 Mr . T. Dowd , Box 282 , Rabbit Lane , East Marion , NY 11939 Mrs . Harriett Moor , 34-20 83rd St . , Jackson Heights , NY 11372 Mr . G . A. Strang , Agent for John Senko , Box 1412 , Southold , NY 11971 Mr . J . Wi'ckham , Agent for Thomas Wickham , Main Road , Cutchogue , NY 11935 Mrs . Rita F.—Gledich , 83 Algonquin Avenue , Massapequa , NY 11758 S . R. Angel , Esq . , for the Applicants , Box 279 , 108 E. Main St , Riverhead J . K. McLaughlin , Esq . , (representing opposition ) , 828 Front St , Greenport Suffolk Times , Inc . L . I . Traveler-Watchman , Inc . Town Clerk Bulletin Board ZBA OfficO Bulletin Board ZBA Individual. Files ZBA Members • FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . . . . .* . . . �?. . . . . .. 19 � To .%c=�� . . �0.�6� . . . . . . . . . . . . . . . . ®. ./. a . . ... . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . 19 . 1�S for permit to 41v;�7%ci CC, , .P!kl. d 724<<- � / ��F'!�C . . . . . . at Location of Property . . . -��. . . . . . . . . . .�iQ!?. . . . . .�. . . . . . . . . . . . . . . . �.�. . . House No. Street Hamlet County Tax Map No. 1000 Section . . . . . . . . Block . . . f4. . . . . . . . Lot . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . .. . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds � c�dS.c.4? . . . . . . �. . . . FL... . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector RV 1/80 ATTACHMENT 1 FORM NO. 1 TOWN OF SOUTHOLD - SEP 18 1985 ?' BUILDING DEPARTMENT t TOWN HALL 13LDG-n}f�f SOUTHOLD, N.Y. 11971 _ TOWN OF SOUTkOLO r TEL.: 765-1802 Examined . . . . . . . . . . . . . . . 19 . . . Received . . . . . . . . . . . , 19 . . . Approved . . . . . . . . . . . . . . . .. 19 . . . Permit No. . . . . . . . . . . . Disapproved a/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Building Inspector) APPLICATION FOR BUILDING PERMIT Date . . . . . . .'/! .". . . . . .. 19 INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building 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 streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy sliall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for.Xemoval or-demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances..bum higsnde, 1ausing.code, and regulations, and to admit authorized inspectors on premises and in building for necessaryspectienf (SignAtuFe-o-f-a pplicant, or�iianf-e-corpooration) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...�. . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of owner of premises . . . .;E . . . '� P... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name,and title of corporate officer) Builder's License No. .. . . . . . . . . . . . . Plumber's License No. . . . . . . . : . . . . . . . . . . . . . . . . Electrician's License No. . . . . . . . . . . . . . . . ... . . . . . Other Trade's License No. . . . . . . . . . . . . . . . . . . . . . 1. Location of land on which proposed work/will be d/one. . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . House Number Street Hamlet County Tax Map No. 1000 Section . . . . . . . . . . . . Block . . . ,/9. . . . . . . . . . . Lot. co. . . . . . . . . . . . . . . . . Subdivision . . . . : . . . . . . . . : . : .- -:: . -Filled,Map No. .-. . . . . . . .. . . .. Lot . . . . . . . . . . . . . . . (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and.occupancy . . . . . . . . .� z. ?. a? . . . . . . . . . . . . . . . . . . . b. Intended use and occupancy . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ATTACHMENT lA TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL No. .34(o DATE J-aTr-1-5-s...1986 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, XKXK....... ........................................of ......201...13th...St..East............................... Name of Appellant Street and Number Tierra Verde, F1 Fl, 33715 .............................. .............................................................. ... ........HEREBY APPEAL TO ............... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ...At.ch.:JA............... DATED .........S ................ WHEREBY THE BUILDING INSPECTOR DENIED TO Ted Dowd .................................................................... Name of Applicant for permit of Box 10 ouhld,. ................ NY 11971 . ....... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( x) Construct One Family Dwelling 1. LOCATION OF THE PROPERTY .....35.Q.....Rabbit-Lania.1�14� .....Southold„Township A(res) Street Use District on Zoning Mop 031 - 18 - 008 ............................................... lvlap 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, Sec 100-31 and Article XI, Sec 100-119-2B 3. TYPE OF APPEAL Appeal is made herewith for ( X) A VARIANCE to the Zoning Ordinance or Zoning Map (' ) A VARIANCE due to lack of access (.State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec.. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (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 andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( i A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance is requested for the reason that ate listed under the following paragraphs. Form ZD1 (Continue on other side) --- ATTACHMENT 2 REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because construction of a single family home would not conform to the New York State Fire Code requiring 20' separation from other buildings. . An adjacent home on the West side was constructed five feet from the property line requiring -a 15' setback on that side of the . proposed home. This setback required the home to be offset more than normal and to be five-�.f.eet from the property line on the other side (East Side) of the proposed home. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because other property owners were allowed to construct homes which exceed the current ordinance requirements. An inspection of the area-:--will reveal that several homes were constructed nearby that are adjacent to their respective property lines. A new home is under construction closeby and has . received the necessary approvals to construct. This new home is slightly larger and much higher than the proposed home. In addition a Permit to Construct was obtained from the New York State DEC along with a Vacant Lot Certificate of Occupancy from the Southold Building Department (See Attachments 5B and 7 ) . Construction approval was obtained from the Suffolk County Health Dept that required bringing water from a considerable distance away at significant expense to the applicant. Final approval from the Health Dept was obtained after me }}�it s. with Ilgsrbs. V llap, COAff �� Re nol�ls1OUCD NOT CHANGE THE 3. �rle arlonce wou o serve he s Irit o he r inan an CHARACTER OF THE DISTRICT because it conforms to the setbacks and nature of construction of single family homes in the area and meets the requirements of the New York State DEC. Recent construction has been allowed in the area both for new construction and remodeling. STATE OF MEW::: E ) ss COUNTY OF� Signature Swornto this .. .........��.�............... day of. ... ............ .................. ..... .1......... ... .......... ......................., Notary P lic My Comrii:soi Egirlrs fifty 16, 11987 Bonded Ilva Troy Fain-Insu�anso,Ipt. -21- TOWN OF SOUTHOLD PROPERTY RECORD CARD V2- OWNER STREET VILLAGE DIST. SUB. LOT t t�ORMER OWNER N ..,--' ACR. E S f W TYPE OF BUILDING owt Ar AII'11-1-et v- ,�jp, �eA ,ES. SEAS. VL. FARM/ COMM. CB. CMISC. Mkt. 'Value LAND IMP. —FTOTAL DATE REMARKS AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre iillable I ,-illable 2 -illable 3 14 4ocllancl �rnplancl FRONTAGE ON WATER ;rushland FRONTAGE ON ROAD .ause, Plot DEPTH BULKHEAD otal DOCK f JT.H�QLP TQ.WN :-BOARD, OF .APPE, a I MATTER OF TED DOWD i THURSDAY, OCTOBER 22 , 1986 PUBLIC HEARING I 7 :45 p.m. Appeal No. 3464 - Public Hearing commenced in the Matter of TED DOWD. Variances to locate new dwelling with: (1) insufficient frontyard setback, (2) insufficient sideyard setback, (3) insufficient rearyard setback, (4) total lot cover- age in excess of maximum permitted 20% , (5) insufficient set- back from wetlands. 350 Rabbit Lane , East Marion. The Chairman read the legal notice and application for the record. I i CHAIRMAN GOEHRINGER: I have a copy of a sketch of a survey pro- duced by Roderick Van Tuyl , P.C. ° The last date was December 5 , 1984. The most recent date is cut off. It does show 1985 how' ever and it does indicate a proposed house with a 10 foot deck on this Bay front lot approximately 19 feet from_:the:,water. The original here , of 19 feet from the water, 23 feet from Rabbit Lane, 5 feet from the east property line , 15 feet from the west property line. The house is approximately 30 by 54. And I have a copy of the Suffolk County Tax Map indicating this and surround- ing properties in the area. Mr. Dowd would you like toyspeak? Maybe use the mike if you wouldn' t mind. I MR. DOWD: Since then, I've filed 2 letters with the data reflect- ing the setbacks in the area of the houses along Route 9. I've also , I think you have a letter from the 21st with some more in- formation. The 19 foot setback was obtained after the D.E.C. sent a tidal wetlands representative down to measure how the 19 feet even started. And the reason I submitted through the process from . that point on was the D.E.C. permit stated my 19 feet. The D.E.C. permit specified such a thing on the: .other side of the road. There was much negotation between the Health Department with the filing as a .plan in the original application. Finally I obtained that approval. By that time I had gone past the Board of Trustees new law at which time I had to go through the whole trustee process where again, the Bay front portion of this property was signifi- cantly scrutinized. If I were to follow the setbacks of the property, I would end up with about a 600 foot square home. And If you look at that answer, the questions that have to do with the correspondence I just made with you, the application itself. CHAIRMAN GOEHRINGER: The house is being serviced by the well that`was placed way up the end of Bay Avenue? MR. DOWD: Yes. The way that evolved was that was a requirement upon when .I got to the Health Department level. Of course that required the hearing plan and what not. I've been through that stage. The Health Department has approved that also. The water is down at that portion of the property but not at that dwelling site. Page 2 - October 22 1986 Public Hearing of 2_ Dowd Southold Town Board of Appeals CHAIRMAN GOEHRINGER: Is there any particular reason why you choose to build a one story house as opposed to a two story house? MR. DOWD: Neighbors primarily. The two story house that' s to the left, caused a great deal of consternation because it was so high, so large.- and blocked views etc. The houses in the area are primarily. . . . There are two story houses in the area. The houses in the area are generally of very low profile. I was trying to keep the house down to a one story level. If set- backs get reduced; if I lose more of the area to build and I end up with a very tall boxy type home similiar to the one that you've probably seen to the east of the particular site. CHAIRMAN GOEHRINGER: Is that house built on a single lot or is that house built on a" double lot? MR. DOWD: The house that is presently constructed? CHAIRMAN GOEHRINGER: Yes. The one that you're referring to. MR. DOWD: It ' s about a 50 foot lot like myself. It has the septic system on the lot but that was thus the approval I guess because earlier than I've come across. It may have a c.o. now. I don' t know if it ' s completed. CHAIRMAN GOEHRINGER: You intend to conform to all the federal flood plan laws and regulations in reference to height , the low- est one? MR. DOWD: Yes. I believe I presented a diagram I had as a pro- file ' of the house. That gives it about a 12 foot elevation. It does mean sea level. It' s approximately 3 feet above the A-7 flood zone of 9 foot requirement. As you can see , I tried to keep the profile (again) low by not jacking it way up to 15 feet which makes it very low towards the road side but higher toward the Bay side. CHAIRMAN GOEHRINGER: When you refer to the map of the survey and you have it typed in where it says over 20% requested at 14 .85 , you're referring to a percentage over the 25%? So in effect, we're referring to. . . I 'm not giving you a chance to answer the question, but in effect we're referring to a 34.85 percent of saturation or lot coverage. MR. DOWD: Yes. Also , part of that (of course) is a deck. I also , depending upon. . . I ' ll probably have a 4 foot side deck on the property on the home but that ' s included inthe footprint that' s shown. The one that would probably run down the easterly side and would not impose on the neighbors on the west who have a house. Actually I just had the property surveyed not from the water, just for the specific side setback and they're 3 feet to the Bay side. I. was trying to keep the house further away from them. I'm not f-­�iliar with if we could possibly do it. Page 3 - October 1986 Public Hearing of __d Dowd Southold Town. Board of Appeals CHAIRMAN GOEHRINGER: For the record, we basically have 4 par- cels. One of which is yours which does not have a bulkhead in front of it. Is that correct? MR. DOWD: There 1 , 2, 3 parcels actually and a portion of a fourth that doesn not have bulkheads. The water there, in dis- cussing with.-the D.E.C. , shifts a great deal. Many times the bulkheaded portions which are to the east primarily, are in 2 feet of water there. At the present time it ' s a regular beach but it shifts with a storm. The property there actually, if you look at the tax map , is 105 to 110 feet deep and even the survey shows there 's 94 feet which is not using the __ . CHAIRMAN GOEHRINGER: Alright. Thank you `very much. We 'll see what developes throughout the hearing and it ' s good to see you. Is there anybody who would like to speak in favor of this appli- cation? Anybody like to speak against the application? For the record, there is a letter of objection from the west property owner I believe. Any questions from any Board members? I guess that' s about it. Mr. Dowd we thank you very much for coming in. We' ll close the hearing and reserve decision. Hearing no further comments , I make a motion closing the hearing and reserving de- cision until later. All in favor - aye. Nadia Moore r.OUNTY OF SUFFOLK PETER F.COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING 360-5513 LEE E.KOPPELMAN DIRECTOR OF PLANNING November 24, 1986 Town of Southold Zoning Board of Appeals Applicant: Ted Dowd Mun. File No. : 3464 S.C.P.D. File No. : SD-86-34 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local deter- mination. A decision of local determination should not be construed as either an approval or disapproval. Comments: With the understanding that increased shoreline/roadway setbacks will be effectuated. Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE,L.I.,NEW YORK 117S (51 6)360-51 92 A-d w d a �/ ?97 ` o�c��FFnL,l�c�liy Board C= isS® hold owe MAIN GOAD STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11571 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI 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 : _ X Variance from the Zoning Code , Articles Iij; Section100-31 Bulk Schedule and Article IX, Section 100-119 . 2 (B) Variance from Determination of Southold Town Building Inspector Special Exception , Article , Section Special Permit Appeal No . : 3464 Applicant :, Mr. Ted Dowd Location of Affected Land : 1350 Rabbit Lane, East Marion, NY County Tax Map Item No . : 1000- 31-18-8 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay , Sound or Estuary ) 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 Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS: Applicant is requesting permission to locate new single family dwelling with insufficient frontward sideyard and rearyard setback, total lot coverage -in excess of maximum-permitted 20% and insufficient setback from tidal wetlands Copies of Town file and related documents enclosed for your review . Dated : Nov. 20, 1986 Secretary , Board of Appeals S®u#h®Ia o.wn B0 aid of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, 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 13 , 1986 Mr . Ted Dowd 201 13th Street East Tierra Verde , FL 33715 Re : Appeal No . 3.464 (Variances ) Dear Mr . Dowd : Enclosed please find a copy of the official findings and determination recently. rendered by the Board of Appeals and filed this date with the Office of the Town Clerk concerning your application . In the event your application has been approved , please be sure to return to the Building Department for their authoriza- tion of any new construction , or for other written documents as may be applicable . If you have any questions , please do not hesitate to call either our office (765-1809 ) or that of the building inspector (765-1802 ) . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Enclosure Copy of Decision to : Building Department Town Trustees Arthur A. Anderman , Esq . o��FFoc��oG _ oo, yam, Ln Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, 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 February 10 , 1986 Mr . Stanley A. Pauzer , District Manager Suffolk County Soil & Water Conservation District 127 . East Main Street Riverhead , N.Y 11901 Re : Appeal No . 3464 - Ted Dowd (Variance ) S/s Rabbit Lane, East Marion , Town of Southold Dear Mr . Pauzer : We presently have an application pending in which the applicant proposes to construct a 30 ' by 55 ' deep single- family dwelling as shown' on the attached sketched survey with a setback proposal of 19 feet from the ordinary highwater mark and the southeasterly corner of the house proposed along the "beach line . " Although the premises does not . consist of very high varied elevations , we would like to know if you would be able to assess this proJect and furnish your comments si.nce the proposed dwelling is to be constructed on pilings . very near the. water ' s edge . Thank you again for your time and efforts . Yours very truly , .GERARD P . GOEHRINGERe CHAIRMAN Enclosures By Linda Kowalski N T Southold Town Board of Appeals ' MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD , MEMBERS October 22 , 1986 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR; SERGE DOYEN, JR. S.E.Q.R.A. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3464 PROJECT NAME: TED DOWD - -- This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this. declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar. project. TYPE OF ACTION: Type II V ] Unlisted [ ] DESCRIPTION OF ACTION: Locate new dwelling with insufficient frontyard, sideyard and rearyard setbacks. total lot coverage in excess of maximum- permitted 20% and insufficient setback from wetlands LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 350 Rabbit Lane, East Marion, NY REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief- requested is a setback variance regulated as provided in Section 617 . 13 of the State Environmental Quality Review m Act,- 6 NYCRR FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802 . Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. Ted Dowd Tax Map Nr: 31-18-8 Box 282, Rabbit Lane Appeal Nr: 3464 East Marion, NY 11939 Phone: 477 2402 October 21, 1986 Dear Chairman Goehringer, This letter is in response to correspondence of October 16, 1986 by Arthur A. Anderman, attorney for Melchior and Harriet Moor who own the lot adjacent to my property on the West side. Paragraph two of the letter states that the Moors'! house is 70 ' from high water. As can be seen on the survey submitted with the application the house is 28 ' from high water. If it were 70' from high water my proposed home would be 62 ' since it is 8 ' closer to the water. The 70' distance probably refers to the average shoreline which shifts due to bulkheading, jetties and storms but is not considered mean high water by the DEC. Reference is' also made to blocking the light and air East of the Moors ' house. The proposed home is in line with the large two story house on pilings being constructed 100 ' East of the Moors '_ property. It obstructs the area as much as the proposed home would. In addition- the house West of the Moors obstructs the area a great deal. The Moors in any case would have a clear, expansive and unobstructed view of the bay. Paragraphs three through seven refer to setbacks and that the proposed home is totally out of character with low profile homes in the area. The -.houses directly East and West of the Moors are two story homes. My attempt was to keep .the house as low in . ' profile as 'possible while meeting the _conttraints of modern building requirements . Paragraph seven deals with front yard setbacks being 35 ' which is met by few of the homes in the area including the Moors. In addition the Moors house is 25' from the road and 3 `. from the Easterly property line. They have an outbuilding which is not shown on the survey that is 53" from from the Westerly property line and 29" from the road. As to overall setbacks, my letter of October 20, 1986 depicts how none of the homes along the Bay on Rabbit Lane meet al-L'Irset- back requirements. Paragraphs eight and nine deal with the overall rationale for granting a variance. The construction of the home was approved by the NYS DEC, at upper levels of the Suffolk County Health Dept and the Board of Trustees after close scrutiny of the proposal. The Moors were present at the Board of Trustees Public Hearing and -did not voice their objections at that time. The deck referred to by Mrs Moor is the one depicted on doc- uments submitted to the board. In response to paragraph 10 there is no rationale to support jeopardizing the community. Approval to bring a water line to 1 the property was approved by the Rabbit Lane Association President and Water Commissioner at a joint meeting with the Suffolk County Health Dept. In conclusion a great deal of time, thought and effort have gone into the approval process for the proposed home. The primary argument as to setback from the -water was fully aired and discussed previously by several agencies before that set- back was approved. If there is anything I can do to .further clarify any information please contact me. Sincer 2 � f LAW OFFICES ARTHUR A. ANDERMAN 108-18 QUEENS BOULEVARD/ FOREST HILLS, N.Y. 11375 OF COUNSEL 718 BOULEVARD 8-3000 �. /vl ON JOEL S.CHARLESTON October 16, 1986 CERTIFIED MAIL #P 450 742 781 RETURN RECEIPT REQUESTED The Hon. Gerard P . Goehringer , Chairman Southold Town Board of Appeals Plain Road - State Road 25 Southold , L . I . , N.Y. 11971 Re : .Appeal No . 3464 - Ted Dowd Location of Property : 350 Rabbit Lane East Marion, N.Y . County Tax Map - Section 31 , Block 18, Lot 008 Southold Town Board of Appeals - Wed . October 22, 1986 Dear Mr . Goehringer : I represent Melchior and Harriet Moor , who reside at 280 Rabbit Lane , Southold Township , which is immediately to the West of the above referenced property. Mr . & Mrs . Moor have lived at that location for over thirty years . Their house sets back approximately 70 feet from the high water-mark. The proposed house by the applicant, Mr . Dowd , sets back 19 feet from the proposed high water-mark, and if allowed to be erected , would completely block the light and air to the Moor house as well as visibility of the Bay to the east , which is probably one of the most beautiful sights in the country . Mr . Dowd seeks a variance from the rear yard setback which is required to be : " . . .not less than seventy-five (75) feet from the ordinary high-water mark . . . " [Section 100-119 . 2 B. ] Mr. Dowd also seeks zoning variances for insufficient side yards and bulk area. The houses generally along the south side of Rabbit Lane , which front on the water , are unique in their low profile which provide maximum use of the beach and open areas , with a beautiful visibility to the water. The proposed house is totally out of character . The subject parcel is a flat piece of ground , having a 50 foot width between Rabbit Lane on the north, and the water on the south. N ANDERMAN & POVMAN Southold Town Board of Appeals Page -2- The applicant has shown no practical difficulties with the land . There is nothing unique about the land . The house can be significantly scaled down to comply with the . present Zoning Code without having any significant economical injury to the present applicant . Under Column A of the Bulk and Parking Schedule a front yard of 35 feet is required, but the proposed house shows only a 20 foot front yard . The applicant ' s reason for the appeal , Number 2 , claims that the hardship created is unique . The applicant gives no support to show that the hardship is unique . His only statement is that an inspection in the area reveals that other variances were granted in the area. I have no knowledge of the specific documents and informa- tion that were given to your Board in granting other variances . I assume there was proper deliberation and an opportunity to be heard by the community, and that your decision was based upon the specific facts as to those variances . The present application must stand or fall upon the record before you. I submit that the present application, for the reasons stated above , would impose a severe hardship on Mr . & Mrs . Moor , which house is immediately to the West of the subject property , and labeled "Moor House" . Mrs. Moor was told by Mr . Dowd that he also plans to put a deck in the front of the house , which would further encroach upon the site line and view of the Moors . I further submit that the standards of the Building Code should be upheld , and to grant this variance , it would jeopardize the public health, safety and welfare , not only of the Moors , but of the community . Neither the Moors nor I can appear at the Hearing on October 22, 1986. I will be conducting an all day seminar for the New York State Bar Association. I respectfully request that this letter be submitted in opposition to the present application. Thank you for your courtesy . Respectfully submitted , ARTH A. ANDERMAN AAA : SHR Uncertified Copies to : Charles Grigoriis , Jr Serge Doyen, Jr . Robert J. Douglass Joseph H. Sawicki Ted Dowd Tax--_Map Nr: 31-18-8 Box 282 Appeal Nr: 3464 . East Marion, NY, 1193.9 Phone: 477 2402 6Gc_ 10i") October 20, 1986 Dear Chairman Goehringer, The Board of Trustees approved my Wetlands Application for the above property to, "Construct a single family residence on -pilings 30' from Orient Harbor. " I have since spoken to Trustee Chairman Smith to reaffirm previous discussions that the 30' is for the house .itself and. allows for a . 10.' deck in front of the house. This setback also conforms to .the NYS DEC permit to, "Construct a single family dwelling. '.on south side of Rabbit Lane approxim- ately 19' landward of mean high water. " The DEC setback was obtained after measurement by .the Tidal Wetlands Inspector of homes 300' either side -of the proposed home._.. Both permits were granted after on-site inspections which determined that the res-, idence would conform to construction of homes in the area. I have corrected the survey map. (Atch 1 on the original applic- ation) to reflect the' Trustees setback requirements. Atch Ids a sketch diagram of' the proposed . residence as 'it would appear topographically. Atch- 2 is a compilation .6f setbacks taken of homes within 300' either side of the proposed. home. It is taken from data reflected on -surveys by Van Tuy. and/or actual measurements. Homes are listed by Suffolk County Tax Map Number (Atch - 3) . It is interesting to note that the setback calculations from the water conform to_.th6. NYS DEC requirements. If there are any questions or further action..'.-to be taken please contact me . \. II I I ( , I T it P. p n s e i � � � � 1 , �► I � � � ( Iil � I il � I � , Compilation of Setbacks Tax Map Nr From Water From Back From Side 31-18- 2 23 ' 13 ' 0f . - 3 30 ' 43 ' 0 ' - 4 34' 39 ' 5 ' - 5 28 ' 35 ' 15 ' - 6 17 ' 39 ' 0 - 7 28 ' 3 ' 3 ' - 8 Proposed Residence - 9 Vacant Land -10 12 ' 17 ' 5 ' -19 Right of Way -11 10 ' 20 ' 4' -12 7 ' 6 ' 1 ' -13 10' 8 ' 2 ' -14/20 9 ' 10 ' 2 ' -15 9' 10 ' 2 ' -16 25 ' 15 ' 3' Total for 13 Homes 242 ' 258 ' 42 ' Divide by 13 Homes for Average Setback 18. 6' 19. 8 ' 3. 2 ' �- TC N T W O r 4.3 i 4.4 •}'.++~ry° r°o 'sow 9a by rJSNO`� s _g 6�e ^° a. •o 4*5 Ck SEE SEC.N0.132' j E p q``l re. c• 2 ^ �z / 332 10 0 g• i i ry' EAST MARION t a+. ' �J e� CEMETERY a°' J a ' ° eV 'Ia. tio° I® +o• t �6. a +_• : 9 `c / wl cr a g " • ` MAR/ON,, LAKE r®° �. .� a` •�S aJ• : P•e. roo10 c o. ,• a �.. 4 �• _ OLD TOWN OF S TH �. � '�,�` __: •°: OU ° •'� . a°o ad �O �' ` '+ �j ba o °p o• n=e •,e (UNDERWATER LAND) ♦ 'o . ee e' s' IV. eb ♦ •J. +o• b ° ° a� \3 .'° °o a �O ==. ie\ °e s eo• `�\g c eo A`eO' b g oo c °o ee v � ��° _' °° `°� a° � !7• ,A�•/ `� � 6 OL ti � •90 °o• _� �e�• �°°•r,ery� .° rO N� `o' ae�®o / 9 �P / � • ` I "'•. �0 �" a qti a°,' moo° '� ' ya�o .+a,\ ' '^ ��of �,V I® Q•o y�- P ea. ° \ `ti.p�c? 0 2 `{" r°••� •`o' 1 it ? °o SEE SEC. NO. 132 reo. � � '•t?. 4° a � ti " r?°� eo 17 °v r � • �1' 1 a• 0` p41 • y��`e o'ti�ti °` re J •� 1 11 1'• / • B e) H 14=5'e !9° 'P/` • oe ra �L sIN ' Q ' I.i-. MIAR/ON LAXE .\ q'��.:° c �" °;i� � w PAP \ �•�` y 't' lb- '• ,TOWN OF. . OLDSOUTH ry (UNDERWATER LAND) e" S!s'• ro �s 11;I I a J • ~i c se 112�•• 2e4. o�e° + V 1 • : INSERT A •, o j9e eo <' •Oe'. , •` m' ��0 4e,� 1 a ,JG 9� SCALE I'= 100' c 9 •S v ... 10 r : ; d . ., w N 331,200 3 r o.• '2,4 A lC) �e +°f• g N 331,200 w i cb IJO' 1 •OM:n 716 .- \O f+' C7e'iea, Z0400 • O. r,+•q,• 1. 64'a. �' @ ... .. .. _ �a F 9. Ia,J•� Jj , (° r,0. I5 ae. \ ( ry0 - \ eOi • V iSwsc O HENRY P. SMITH, President ( r + A" TELEPHONE y r, is r-y7 JOHN M. BREDEMEYER, Vice-Pres. (516) 765-1892 PHILLIP J. GOUBEAUD 4 rl�i4� ALBERT KRUPSKI, JR. ELLEN M. LARSEN 9 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 30, 1986 Mr. Ted Dowd X Box 282 Rabbit Lane East Marion, New York 11939 Dear Mr. Dowd: The following action was taken by the Board of Trustees during their regular meeting held on September 25, 1986 regarding your wetland application no. 319. WHEREAS, Ted Dowd applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated September 19, 1985 , and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on August 28, 1986 at which time all interested persons were given an opportunity.;- to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the Town, NOW, THEREFORE, BE IT RESOLVED that Ted Dowd BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: construct a single family residence on pilings 30' from Orient Harbor, East Marion. This permit will expire on August 28, 1987 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. See attached recommendations. Board of Trustees Page 2. - Ted Dowd Very truly yours, t P. Smith, President Board of Town Trustees HPS:ip Attachment cc: Robert A. Greene, D.E.C. , Stony Brook Commissioner Henry G. Williams, D.E.C. , Albany Army Corps -of Engineers Coastal Management Trustees file Bldg. Dept. Board of Appeals Standard measures to be taken during construction: 1. Roof run off shall be discharged into dry wells. 2. Driveways and parking areas within 75' of the wetlands shall be of porous construction. Blacktop shall not be used on this site. 3. Care shall be taken so as to preclude the entry of any construction material into adjacent waters. 4. Immediately following construction, all areas of exposed soil shall be properly protected with suitable erosion control devices/and or vegetated to prevent entry of eroded soil into nearby waters. � r � Southold Town Board ®f Appeals } 4" MAIN ROAD - STATE ROAD 25 SOUTHOLD, 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 January 31 , 1986 Mrs . Melchior A. Moore 34-20 -. 83rd Street Jackson Heights ,. NY 11372 Re : Appeal No . - Ted Dowd. Dear Mrs . Moor: With reference to the application of Ted Dowd , please find enclosed copies requested. and the Zoning Ordinance , _payment for which has been 'recei.ved in the amount of $10 . 62 , Check #301 . Additional information has been requested of Mr . Dowd and you may. wi.sh to keep in touch for developments : Yours very truly , GERARD P . GOEHRINGER CH IRMAN Enclosures 0�1�na Kowalski 34-20 83 Street Jackson Heights , LI,NY 11372 January 29, 1986 Town Clerk Board of Appeals Town Hall Main Road Southold, LI,NY 11971 Attention: Mrs . Linda Kowalski Re: Notice To Adjacent Property Owner -w- Ted Dowd Dear Mrs . Kowalski: In line with my telephone conversation with you today, I am enclosing my check #301 in the sum of $10.62 for copy Building Zoning Ordnance plus photocopies to do with the attached. I will be calling you early part of March, 1986 with regard to the Hearing which my husband and I wish to attend. May I take this opportunity to thank you for your cooperation and courtesy when I spoke with you on the telephone a few times. ,Sin ely, &_ :h Mrs. Melchior A . Moor Enc/ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Ted Dowd NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Melchior Moor and Wife 34-20 83rd St Jackson Hts, NY 11372 YOU ARE HEREBY GIVEN NOTICE: 1. That it he intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a Variance (Special Exception) (Special Permit) '(Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1000-031-18-008 (350 Rabbit Lane, East Marion) 3. That the property which,is the subject of such Petition is located in the following zoning district: Southold Township --- - 4. That by such Petition, the undersigned will request the following relief: From Article III Sec 100-31 and Article XI, Sec 100-119-2B _. in- order to construr-t a one family dwelling. 5. That the''provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III & XI Section 100-31 & 1.Q2--1 1 9-2 B [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 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 may then and there . examine the same during regular office hours (516) ,.7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must.be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: January 16, 1986 Ted Dowd Petitioner owners ' Names : Ted Dowd _ Post Office Address 201 13th St E Tierra Verde, F1 33715 - z Southold Town Boor d ®fAppeal MAIN ROAD - STATE ROAD 25 SOUTHOLD, 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 March 5 , 1986 Mr . Ted Dowd 201 13th Street East Tierra Verde , FL 33715 Re : Appeal No . 3464 (Variances ) - 350 Rabbit Lane , East Marion Dear Mr . Dowd : Please find enclosed copy of the report received from the Soil and Water Conservation District of Suffolk County concerning your proposed project . It is, our understanding that Town Trustees ' review has not yet been finalized . Upon receipt of the Town Trustees ' final decision , the board will be in a position to review and schedule this matter for a public hearing at the next available date . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN Enclosure By Linda Kowalski I COUNTY OF SUFFOLK PETER F.COHALAN SUFFOLK COUNTY EXECUTIVE SOIL AND WATER CONSERVATION DISTRICT STANLEY A.PAUZER DISTRICT MANAGER February 26, 1986 /� /�i� Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer: In response to your request for our comments on Appeal No. 3464, Ted Dowd Variance, I am forwarding to you a report that was prepared for the Town Trustees on the same property. This report was prepared by Allan Connell, USDA, Soil Conservation Service and is quite comprehensive. If you need any further information or have any questions, please contact me. Very truly yours, " Stanley Pauzer, District Manager 127 EAST MAIN STREET RIVERHEAD.NEW YORK 1 1901 (51 6)727-231 5 United States Soil Department of Conservation 127 East Main Street Agriculture Service Riverhead, New York 11901 February 25, 1986 A, Mr. Stanley A. Pauzer, District Manager Suffolk County Soil & Water Conservation District 127 East Main Street Riverhead, New York 11901 Dear Stan: A comprehensive review was made of the Dowd project for the Southold Town Trustees. A copy of this report is attached for your review. As I stated in my original assessment, the disposal of domestic waste may pose the greatest problem for this development, especially since the applicant proposes to install two septic systems on one lot, directly north of this lot. I would normally be concerned with the proposed location of the house, however, it is in line with most of the existing homes along the waters edge. It is a little late to consider building restrictions near the waters edge. Of course this pro-' posed dwelling, as well as all of the others fronting Gardiners Bay, will be extremely vulnerable during severe storm activity. Vegetative treatment of the bay front for erosion control is out of the question. The construction of bulkheads and groins on adjacent properties and the exposure of this lot to Gardiners Bay, would wipe out any vegetation planted on this lot. If I may be of further assistance please let me know. Sincerely, Allan S. Connell, District Conservationist Attachment 0 The Soil Conservation Service SCS-AS-1 is an agency of the 10-79 Department of Agriculture f COP P 0 C Y UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE 127 East Main Street, Riverhead, New York 11901 February 14, 1986 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil & Water Conservation District 127 East Main Street Riverhead, New York 11901 Dear Stan: I have reviewed the application and inspected the site owned by Ted Dowd, as requested. There is some confusion on the application as to exactly what the applicant is proposing. On the Town Trustees permit form the applicant is re- questing a permit to build two single family residences on pilings, 30 feet from Orient Harbor (Gardeners Bay). On the Town of Southold Environmental Assessment Form the applicant's description of the project is to build a single family residence on pilings, 30 feet from Orient Harbor (Gardiners Bay) . The New York State Department of Environmental Conservation Permit describes the project as follows: Construct a single family dwelling on south side of Rabbit Lane approximately 19 feet landward of Orient Harbor (Gardiners Bay). Install sanitary system for this lot on applicant' s property on the north side of Rabbit Lane approximately 50 feet south of Marion Lake. Sanitary systems for three northerly lots will be located between houses and Rabbit Lane approxi- mately 125 feet south of Marion Lake and 150 feet landward of mean high water. The attached survey shows four lots owned by the applicant, thus I assumed that the D.E.C. permit project description was accurate. All of my comments are based upon this assumption. The lot bearing Suffolk County tax map designation 31-17-9 has a newly con- structed home on it. The septic system had not been installed, the date of my visit February 6, 1986. The Soil Survey of Suffolk County identifies the soil on these parcels as being Fill Land Dredged Material (Fd) . A copy of the soil map and description is in- cluded for your review. An onsite investigation verified this fact. The water table was found to be at a depth of 3.5 feet below the surface within the area of the proposed septic systems. The project is located within the 100-year flood plan boundary as indicated on the Flood Insurance Rate Map for the Town of Southold. There is the potential of complete flooding of the land area causing the systems to fail and discharge into Lake Marion and Orient Harbor. COP P 0 C Mr. Stanley A. Pauzer - 2 - February 14, 1986 The proposed septic systems may have an impact due to the high water table condition. The sandy nature of the soil material will allow the effluent to move rapidly into the groundwater and then laterally- into either Marion Lake or Orient Harbor. Table One of the Nonpoint Source Management Handbook developed under the direction of the Long Island Regional Planning Board identifies the most significant known contamin- ants associated with on-site systems and the resulting surface water problems. The proposed development area is located within Hydrogeologic Zone IV as identified in the Long Island Comprehensive Waste Treatment Plan. The zones are land areas that recharge either deep aquifers or shallow aquifers and/or discharge zones. Article 6 of the Suffolk County Sanitary Code, Realty Subdivisions and Developments states that the minimum lot requirement for new homes with septic systems for all areas outside Hydrogeologic Zones III and VI is 20,000 square feet. In this project, the applicant proposes to install two septic systems on lot 10 which is 17,478 square feet in size, and one septic system each on lots 9 and 20 which are 19,430 square feet and 18,656 square feet in size respectively. If you have any questions or I may be of further assistance, please feel free to call on me. Sincerely, Allan S. Connell, District Conservationist Attachments I-Imemir-MIRITRI \ � �' � 5 Sfd 4 ���'X A'��S�{.a'S+,.w".4^4•N�tt�`'^"y 4�s r,^'+I'y' yr VON All 04 IWIVI— r.r �"T r. �.AS_' �s's � '�. a'a ��'S�L� -'�'of r P �.••' rl.^"` lH;„ t �. � :+,r X �*• �" < .•'� (yr �� i>. �^�'`�`• Sc,,.t+y -s 'f'r� �• S,e'+3 t.�n ,�,� 4 •+4k '-i."�.y� .� � a.'� � �{eY �aEx^� 4•`.i �(� �, t�+�s... .��.�°�r.a�"S'friKy rf� r r�ti."a'wd{'t� 'r�r �aX '�q `1�'.4.k#,"�- ..{"r'•'i" yM,w�.e�,y r 1_ �rnX" �•"; r`"'{i .F s"�`✓ 3�t!»'.��� �: .�. ��y"F;F c a ` �°"�r`rs y,„,},'3 �at� .h r.•����*°i j� ,"� „ ���F �� � �i•;S a.S...,a'Ys + 3.�r'�w$ r`-'"a y. ""� 3.,fr ^9`y e t- � •� FaaFts t �� S ` ,"���&' e.+tea+ .ea�Y. e� �- '�? f��� �.. _\ v ,. c \� r:..hy }q'•'LS "f. � -ran 4 +.}r�,y� , ` ``,'•-�a>r's �.1, cT�'s.�ayr4 �•��.�-pr""° '�c u �( xrar � � t;, ��� z "K, v}��"a�i Km��' .,�"�•. y`t.Ali+•v-3- f x ro r'. � ./ �'"„s� : • 4'(,y, x 4'- Apt ryl.f ��`y,.- �'ro ^��1 /� � �'�r+s �:e 3.,,>;`7 ��zx �z;S��s,{'�t`p•1 3t rr p"",�.� y ( � � °�"F�•',,• h -gin} or � ; a � � ��` i 1`I.. r- ,�� 1+�, :�1d�xF��•+y;,'ti+'o"eYy-i�i L- �(`�` „--Sc.� }��`,,-.i? 'T _.ST.�' '°v'( "'�M� .�" ,. FILL LAND, DREDGED MATERIAL Fill land, dredged material (Fd), is made up of areas that have been filled with material from hydraulic or mechanical dredging operations. These operations are used mainly to widen or deepen boat channels in 'salt water; however, some dredged material has been obtained from new channels cut into tidal marshes. Most of the dredged material is pumped onto .tidal marshes. Smaller amounts are placed on beaches and "dunes and on nearby mineral soils in a few places. The practice generally is to dike an area by using onsite material. The dredgings are then pumped into the diked area and allowed to settle. Excess water drains back into the bay. After the water drains off, heterogeneous deposits of sand, gravel and sea shells remain. In many places a dark—gray silty mud remains. Pro- tective-dunes have been built with clean sand and gravel 'dredgings in some places, and in 'such places a few naturally formed dunes are included in mapping. Fill land, dredged material, is not suited to farming. Areas are satisfactory for building sites where the fill is adequate and if the highly compressible organic layers iri the tidal marshes are removed prior to filling. Areas where the fill is placed on marshes containing thick organic layers are likely to.be unstable and need onsite investigation before building on them. Droughtiness, low fertility and high salt content severely limit the establishment of lawns and other landscape plantings.. Cesspools do not function properly where the ground water is at a shallow depth. Capability unit not assigned; woodland suitability group not assigned. _ TABLE 1 Impacts of Pollutants From On-Site System's Upon Surface Waters and Groundwater CONSTITUTENT PROBLEM Groundwater(Drinking Water) Surface Water 1. Nitrate-Nitrogen High concentrations of nitrate have been known to High concentrations of nitrate- produce a bitter taste.Water containing nitrogen nitrogen may be a problem in as NO3 in excess of 45 ppm has been reported to marine waters. cause methemoglobinemia in infants. 2. High Phosphate NONE Eutrophication may result if there is Concentrations sufficient concentration of phosphorus in fresh surface waters from sources such as on-site j 1 systems and fertilizers. 3. Lead,Tin, Iron, Copper, These constituents are toxic in excessive Zinc, Manganese concentrations 4.Chloride,Sulfate These constituents can present health hazards to some individuals ranging from laxative effects to aggravated cardiovascular or renal disease, if con- centrations exceed recommended limits. 5. Foaming Agent A nonbiological detergent constituent and an in- Causes foaming in surface waters. dicator of contamination.Appearance and taste of the water may be unacceptable. 6. Biochemical Oxygen In extremely localized situations,ex- Demand cessive BOO in septic fluid discharged to surface water can deplete dissolved oxygen supplies necessary to aquatic life. 7. Chemical Oxygen Same as above Demand 8.Sodium Impacts freshwater species 9.Synthetic organic chemicals, in- These constituents found principally in cesspool cluding 1.1.1 tricholoethane, additives are suspected carcinogens. tetrachicroethylene,tri- chloroethylene and chloroform (halogenated hydrocarbons) 10. Bacteria and Viruses associated Some private wells may contain significant Failing systems may contribute to with the presence of fecal amounts of pathogens high total coliform counts. coliform Bacteria and virus may cause disease in humans. Problems in- clude gastro-intestinal illnesses and rashes. The blank areas in the above table indicate a lack of identification of a problem-constituent interface. Items 3,4,and 9 have not been identified as having an impact upon surface waters and items 6 and 7 do not affect groundwater. 4 -70N E B NEB ZONE C p ZONE B ZONE B ZONE B - -_ - 1:% ZONE B CEMETERY " AVENUE ZONE B - - BAY ZONE B = IS178 L LANE $ ZONE C ZONE B ' ZONE B ap SYLVAN s RI E - ZONE B ORCHARD ROAD RM13 o r `° DeL KNOLL V1• p CIRCLE Q >`• ;h+-�-.r O .4?0 O ZONE B it ONE p i 3 z Z O P -n 0 � CEDAR LANE k GILLETTE z �� R7.. - GILLETTE a . o C : .. - KEY TO MAP 500-Year Flood Boundary 100-Year Flood Boundary "= ?ONE$�^•= Zone Designations*With Date of Identification "! ' e.g.,12/2/74 i O"IV ' 100-Year Flood Boundary -- 500-Year Flood Boundary- Base Flood Elevation Line ~�-----513---- i With Elevation In Feez** Base Flood Elevation in Feet (EL 9871 Where Uniform Within Zone** Elevation Reference Mark RM7 Zone D Boundary I Riveri He •M1.5 *Referenced to the National Geodetic Vertical Datum of 1929 *EXPLANATION OF ZONE DESIGNATIONS ZONE EXPLANATION t A Areas of 100-year flood; base flood-•elevations and flood hazard factors not determined. ! AO Areas of 100-year shallow flooding where depths j are between one (1) and three(3) feet;average depths 1 of inundation are shown, but no flood hazard factors i are determined. AH Areas of 100-year shallow flooding where depths are between one (1) and three (3) feet; base flood elevations are shown, but no flood hazard factors are determined. A7-A30 Areas of 100-year flood; base flood elevations and flood hazard factors determined. A99 Areas of 100-year flood to be protected by flood protection system under construction; base flood elevations and flood hazard factors not determined. 8 Areas between limits of the 100-year flood and 500- year flood;or certain areas subject to 100-year flood- . ing with average depths less than one(1)foot or where the contributing drainage area is less than one square mile;or areas protected by levees from the base flood. (Medium shading) C Areas of minimal flooding.(No shading) _ D _ Areas of undetermined, but possible, flood hazards. V Areas of 100-year coastal flood with velocity (wave action);base flood elevations and flood hazard factors not determined. V1-V30 Areas of 100-year coastal flood with velocity (wave action);base flood elevations and flood hazard factors determined. NOTES TO USER Certain areas not in the special flood hazard areas(zones.A and V) may be protected by flood control structures. This map is for flood insurance purposes only;it does not neces- sarily show all areas subject. to flooding in the community or all planimetric features outside special flood hazard areas.' For adjoining map panels, see separately printed Index To Map Panels. Coastal base flood elevations shown on this map include the effects of wave action. Coastal base flood elevations apply only landward of the shoreline shown on this map. Ted Dowd 201 13th St E Tierra Verde, Fl 33715 (81 ) 867 2761 Jan 16, 1986 Attached is the package I went over with you last Summer and finalized last Fall after discussions with you. Please note the additional data you requested on house/lot size is typed on the surveys below the specific lot in question. The Board of Trustees ij; considering the proposal and has turned it over to the Conservation Advisory Council with whom I am dealing at the present time. If there are any further questions please contact me. I hope to be in the area the first part of March and will contact you to find the date of the Board Meeting. hank you, r� ��� G Zoning Board of Appeals - Town Hall Southold, NY 11971 January 16, 1986 Ted Dowd 201 13th St E Tierra Verde, F1 33715 Dear Board Members, Attached are the documents in a Request for Variance in order to construct a single family dwelling at 350 Rabbit Lane in East Marion (1000-031-18-008 ) . Over a year has been spent in meetings with DEC and the Suffolk County Health Dept in order to meet all their requirements. Because of the time span involved the project fell within the new law for the Town Board of Trustees for which I have also initiated the approval process. In addition I have attempted to meet the requirements of the Town Building Department. In short a great deal of thought, time and effort was involved in making sure the home would meet the requirements of all agencies involved of which you are the last remaining approval authority. The home is to be built on pilings in order to preserve the natural environment of the beach area although the majority of the waterfront homes including one nearby that is under construction have been built using bulkheads and jetties. In addition the setbacks requested in the variance conform with the natural evolvement of homes constructed in the area of which some are on existing property lines. Care has been taken to bring in water from a separate water source and placement of septic system to be in =excess of 100 ' from bodies of water. I hope to be able to come up to the meeting in order to answer your questions if at all possible. If not I will request that the local attorney who handled most of the previous discussions be available for your questions. incerely, d 'PERMIT NO. NEW Y( ATE DEPARTMENT OF ENVIRONMENTAL CONSERV, I 10-84-1355 PERMIT UNDER THE ENVIRONMENTAL CONSERVATION LAW ® ARTICLE 15, (Protection of Water) ARTICLE 25,(Tidal Wetlands) ARTICLE 24, (Freshwater Wetlands) ARTICLE 36, (Construction in Flood Hazard Areas) PERMIT ISSUED TO Ted Dowd East ADDRESS OF PERMITTE ' Tierra Verde, Florida 33715 LOCATION OF PROJECT(Section of stream, tidal wetland,dam, building)North and 'south sides of Rabbit Lane, Marion Lake and Gardiners Bay, East Marion. DESCRIPTION OF PROJECT Construct a single family dwelling on south side of Rabbit Lane approximately landward ot mean high water EGardiners Bay) . Install sanitary system tor this lot on applicant' s property on the north side of Rabbit Lane, approximately 350' landwara of mean high water an 5 south of Lake ,Marion. Construct t r e single family dwellings with decks on north side of Rabbit Lane *** (cont. on COMMUNITY NAME(City,Town, Village) TOWNback) East Marion I Southold COUNTY FIA COMMUNITY NO. DAM NO. PERMIT EXPIRATION DATE Suffolk 6/30/87 GENERAL CONDITIONS 1. The permittee shall file in the office of the appropriate Regional 8. That the State of New York shall in no case be liable for any damage Permit Administrator, a notice of Intention to commence work at least 48 or injury to the structure or work herein authorized which may be caused by or hours in advance of the time of commencement and shall also notify him result from future operations undertaken by the State for the conservation or promptly in writing of the completion of the work. improvement of navigation, or for other purposes, and no claim or right to 2. The permitted work shall be subject to inspection by an authorized compensation shall accrue from any such damage. representative of the Department of Environmental Conservation who may 9. That if the display of lights and signals on any work hereby authorized order the work suspended if the public interest so requires. is not otherwise provided for by law, such lights and signals as may be pre- 3. As a condition of the issuance of this permit, the applicant has ac- scribed by the United States Coast Guard shall be installed and maintained by and at the expense of the owner. 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- 10. All work carried out under this permit shall be performed in accor- ever suffered, arising out of the project described herein and has agreed to dance with established engineering practice and in a workmanlike manner. indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from the said project. 11. If granted under Articles 24 or 25, the Department reserves the right to reconsider this approval at any time and after due notice and hearing to 4. Any material dredged in the prosecution of the work herein permitted continue, rescind or modify this permit in such a manner as may be found to shall be removed evenly, without leaving large refuse piles, ridges across the be just and equitable. If upon the expiration or revocation of this permit, the bed of the waterway or flood plain or deep holes that may have a tendency to modification of the wetland hereby authorized has not been completed, the cause injury to navigable channels or to the banks of the waterway, applicant shall, without expense to the State, and to such extent and in such 5. Any material to be deposited or dumped under this permit, either in time and manner as the Department of Environmental Conservation may require, the waterway or on shore above high-water mark, shall be deposited or dumped remove all or any portion of the uncompleted structure i fill and restore the at the locality shown on the drawing hereto attached, and, If so site o Its former condition.re claim shall be made against the State of New g prescribed York on account of any such removal or alteration. thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 12. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others 6. There shall be,no unreasonable interference with navigation.by the to perform the permitted work or as authorizing the impairment of any rights, work herein authorized, title or interest in real or personal property held or vested in a person not a 7. That if future operations by the State of New York require an alteration party to the permit. in the position of the structure or work herein authorized, or if,.ln the opinion 13. The permittee Is responsible for obtaining any other permits, ap- of the Department of Environmental Conservation it shall cause unreasonable provals, lands, easements and rights-of-way which may be required for this obstruction to the free navigation of said waters or flood.ffows or endanger project. 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- 14. If granted under Article 36, this permit is granted solely on the basis ment to remove or alter the structural work, obstructions, or hazards caused of the requirements of,Article 36 of the Environmental Conservation Law and thereby without expense to the State; and if, upon the expiration or revocation Part 500 of 6 NYCRR(Construction in Flood Plain Areas having Special Flood of this permit, the structure, fill, excavation, or other modification of the Hazards — Building Permits) and in no way signifies that the project will be watercourse hereby authorized shall not be completed, the owners shall, free from flooding. without expense to the State, and to such extent and in such time and manner 15. By acceptance of this permit the permittee agrees that the permit as the Department of Environmental Conservation may require, remove all or is contingent upon strict compliance with the special conditions on the any portion.of the uncompleted structure or fill and restore to its former reverse side. condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 95-20-4(9/75) (SEE REVERSE SIDE) ATTACHMENT 5 A 7k�t�It DESCRIPTION OF PROJECT (cont. ) approximately 50' south of Marion Lake. Sanitary systems for three northerly lots will be located between houses and Rabbit Lane approximately 125 ' south o Marion Lake and 150' landward of mean high water. Approximately 500 cubic yards of clean fill will be trucked in for the sanitary systems and are to be placed within 15' of the base of three houses on the northerly lots. SPECIAL CONDITIONS 1. There shall be no disturbance to the vegetation or topography within 35 ' of Marion Lake. 2. Ror.- the three houses on Marion Lake, not more than twenty percent (20%) of the lot area can be co-..vered by impervious surfaces. 3. All construction must meet local and Federal flood plain ordinances. SPECIAL CONDITIONS A THROUGH J ATTACHED. SPECIAL CONDITION M ATTACHED. PERMIT ISSUE DATE PERMIT ADMINISTRATOR ADDRESS 2,119 vidDlra , 4 1Bldg.40jSuny,Stony:Brodk,NY 11794 r z F oil( Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (51-6) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI January 21 , 1986 Mr . Ted Dowd 201 13th Street East Tierra Verde , FL 33715 Re : Variances - 350 Rabbit Lane , East Marion Dear Mr . Dowd : In reviewing the documents forwarded by you and received today , the following additional information . is needed in order to file this application : AC_ a ) $75 . 00 filing fee (check payable to Southold Town Clerk ) ; (b ) please denote on the attached survey the setback' on �,io the east side . Upon receipt of the above and a copy of the Town Trustees ' determination , the board will be in a position to schedule your application for a public hearing . At the present time , the next available opening for a public hearing is on the tentative March 27 , 1986 calendar. Please try to finalize with the Town Trustees by March 6th in order to meet that calendar ' s deadline . Please don ' t hesitate to call at any time if you have questions . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure z •Ln Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TowN CLERK (516)765-1801 . REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 10, 1986 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No . 3464 application of Ted Dowd for a variance. Also included is Notice to Adjacent Property Owners ; letter from Mr. Dowd; letter relative to N.Y.S . Tidal Wetlands Land-Use; DEC permit; Short Environmental Assess- ment Form; application for a Buil.ding Permit; Notice of Disapproval of. s ame; vacant land CO; and survey. -u i T. Terry n Southold Tow GXerk Ted Dowd 201 13th St E Tierra Verde, Fl 33715 ( 813) 867 2761 ��-- 4.7y, February 6, 1986 Dear Linda, Thank you for your cooperation during this period of difficulty while I try to straighten out the confusion caused between dealing with the conflict between NY DEC, Suffolk County Health Dept,--the'--Board of Trustees and the Conservation Advisory Council. I will try to resolve the matter in the most expeditious way possible. In the meantime I have enclosed my check and indicated the five foot setback on the East side of the property in question as you requested. I will keep you informed as the matter develops. S ince re ly .:��.��/._----ram=� --. o L Southold Town Board of Appeals,- MAIN ROAD - STATE ROAD 25 SOUTHOLD, 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 January 21 , 1986 Mr . Ted Dowd 201 13th Street East Tierra Verde , FL 33715 Re : Variances - 350 Rabbit Lane , East Marion Dear Mr . Dowd : In reviewing the documents forwarded by you and received today , the following additional information is needed in order to file this application : (a ) $75 . 00 filing fee (check payable to Southold Town Clerk ) ; (b ) please denote on the attached survey the setback on the east side . Upon receipt of the above and a copy of the Town Trustees ' determination , the board will be in a position to schedule your application for a public hearing . At the present time , the next available opening for a public hearing is on the tentative March 27 , 1986 calendar . Please try to finalize with the Town Trustees by March 6th in order to meet that calendar ' s deadline . Please don ' t hesitate to call at any time if you have questions . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure ._`NN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 3 �y DATE ................s.......19.8....6 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, C.......Ted..D.Qwd........................................of ......201. 1 t1?...St East ............................. Name of Appellant Street and Number Tierra Verde, F1 Fl, 33715 „HEREBY APPEAL TO ................................................................................. Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ...At.ch..J.A............... DATED .........Sep...I. ,...J..85................. WHEREBY THE BUILDING INSPECTOR DENIED TO ........... ...............Ted Dowd................................................... Name of Applicant for permit of Box 106 Southold.,. .................NY .........11971....... ... ... ... .. ..... . .. ... ............ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( x) Construct One Family Dwelling 1. LOCATION OF THE PROPERTY .....35.Q.....Rabbit—Lane...................Southold„Township Ares) Street. Use District. on Zoning Map 031 - 18 - 008 ................................................................................. Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the 'Zoning Ordinance by number. Do not quote the Ordinance.) Article IIT, Sec 100-31 and Article XI, Sec 100-119-2B 3. TYPE OF APPEAL Appeal is made herewith for ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal 1= (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 andwas made in Appeal No. ................................Dated ..................................................................... {SEASON FOR APPEAL ( A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning 0rdinance is requested for the reason that are listed under the following paragraphs. Form ZB1 (Continue on other side) ATTACHMENT 2 Jr+ r- REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because construction of a single family home would not conform to the New York State Fire Code requiring 20, separation from other buildings. An adjacent home on the West side was constructed five feet from the property line requiring a 15' setback on that side of the proposed home. This setback required the home to be offset more than normal and .to be five feet from the property line on the other side (East Side) of the proposed home. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because other property owners were allowed to construct homes which exceed the current ordinance requirements. An inspection of the area will reveal that several homes were constructed nearby that are adjacent to their respective property lines. A new home is under construction closeby and has received the necessary approvals to construct. This new home is slightly larger and much higher than the proposed home. In addition a Permit. to Construct was obtained from the New York State DEC along with a Vacant Lot Certificate of Occupancy from the Southold Building Department (See Attachments 5B and 7) . Construction approval was obtained `from the Suffolk County Health Dept that required bringing water frolic a considerable distance away at significant expense to the applicant. Final approval from the Health Dept was obtained after me e{{��ir�r s. with I �srbs. Vlla, Costa ReCenol1%OULD NOT CHANGE THE 3. I re ar, wi wou o serve he spirit o he r inan an CHARACTER OF THE DISTRICT because it conforms to the setbacks and nature of construction of single family homes in the area and meets the requirements of the New York State DEC. Recent construction has been allowed in the area both for new- construction and remodeling. Gar /ag- STATE OF NEWL:Y� ) ss ..... .......;,mod-.. ................ ........ ...... COUNTY OF- Signature — Sworn to this .. / �............... day of. �...''X "` .................. 19 Notary P lic L..,_1J .,.... L: ._... .-, - BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Ted Dowd ; - NOTICE TO to the Board of.Appeals of the Town of Southold ADJACENT TO: 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'Souihold to request a ari an-ce (Special Exception) (Special Permit) (Other) [circle choice] 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des cribed as follows: 1000-031-18-008 ( 350 Rabbit Lane, East Marion) 3. That the property which is the subject of such Petition is located in the following zoning district: Southold Township 4. That by such Petition, the undersigned will request the following reliefFrom Article. III Sec 100-31 and Article XI, Sec 100-119-2B, in order to .consttuct a one family dwelling. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under signed are Article III &. XI Section 100-31 & 100=119-2B- [ ] Section 280-A, New York Town Law for approval of access over r.ight.(s)-of=way 6. That within five days from the date.hereof;,a written Petition requesting the relief.spec ified above:will be filed in the-Southold Town Clerk's Office at Main Road Southold, New York and you may then and-there examine the same during regular office hours. (516) 7r 5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that,a notice.ofsuch hearing must be published at.least five days prior to the-date of such . . hearing in the Suffolk Tirno 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: January 16,. 1986 Ted Dowd Petitioner Owners ' Names : Ted Dowd :. Post Office Address 201 13th St E Tierra Verde, . Fl 33715 ATTACHMENT 3 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS William Crowley 3 Birchwood Ct. ',' Apt 4e, Mineola, NY 11501 M_lchior Moor .and Wife 4320 83rd St, Jackson Hts, NY 11372 ._ -ta Schmidt Bay Avenue, East Marion, NY 11939 6 STATE OF ) ss.: COUNTY 0S -1f ) T.ed::Dowd• . residing at 201 .13th ,S1t . F_., Ti Prra Verdp- F.l ,,being;duiy sworn, deposes and says that on the 16t,1tiay of January , 19 86 , deponent mailed a tr:ue.copy,of the.Notice.set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notic�erel�-the,_United States Post Of- f '-t hw,e.7bo J ; that s ' ot'N ices were mailed to each of said persons by (certified (registered) mai . Sworn of re me this- day 19 eb 11 y' Notary P blic (Aiy COM,i ilk i . 1987 Bondad i nru LOY fr.hl•ls.:.onsw Ips. (This side does not have to be completed on form transmitted to adjoining property owners.. ) FUUrI�G TOWN OF SOZTTHOLD OFFICE OF BUILDING INSPECTOR rn P.O. BOX 728 c TOWN HALL SOUTHOLD,N.Y. 11971 CERTIFICATE OF OCCUPANCY No. Z13895 . . . , Date October. . 3 . . 19,85. . This CERTIFIES that the Lot . . , .Vacant. . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . Location of Property . . .350. . .. . , . . , . . Rabbit. Lane. . , . . . . . . .East . . . • 0 . .Marion. . . House # .Street . . Hamlet County Tax Map 4�, Section. . . . . .. .. . . , . Block. . . . .1. . . . . . . . . . Lot. ,00 8. . . . . . . . Subdivision.. . . .. X.. . . . . .. . . . . . . .. . . . . .Filed Map #. . . . . . . . . . Lot #. . . . . . . . . . . conforms substantially to the applicable provisions of the Zoning Code of the Town of Southold. The premises are located in the A- Residential— Agricultural Zoned District -and may be used for such uses as are presently authorized by the Zoning Code in such district subject to, however, all of the requirements of the Zoning Code. The certificate is issued to . .. . . SCHIMATZ i .JACK. .. .. . . . . . . . . . . . . . . . . . of the aforesaid lot. Sa//tr • • •Y. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . Building Inspector Rev 1/85 ATTACHMENT 6 ;r , QUEST!ONNAIRE TO BE COMPLE'rED AND FILED WITH APPLICATION TOE Z.B.A. The New York State Tidal Wetlands and Use Regulations, G NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y. , Stony Brook, NY 11791;, (tel. 5I6-751-7900) , if you have checked Box #1 and/or Box #6 below, Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that vie may continue processing your Z.B.A. application. [ x J 1. Waterfront without bulkheading SEE ATTACHMENT 5A [ ] . 2. Waterfront with bulkhead ing in good condition 4 [ ] the full length of .the property [ ] at least 100' in length [ J 3. Not located within 300' of waterfr(,rit or wetlands area [ ] 4. May be located within 300' of waterfront or wetlands area; however, the following structure separates ray property from this environmental area: ( ] 50' existing road ( ] existing stru(:tures ( ]. bluff area more than 10' in elevation above mean sea level [ ] 5. This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. [ ] 6. This proposed addition/expansion of ari existing building will NOT bo more than 75' from 'the landward edge of tidal wetlands/waterfront area. [ 1 7• Please be aware that an and all subdivisions and new dwellings will a(�,�o require an- application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide there with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State Law and to prevent any unnecessary delays in processing your applicationns) . ATTACHMENT :55. the ,i . C . :► . I.IIV1r"t)rlAI!11LdI trilill lLy I"' ! I ('W ►11. I. r '. '11 rrc:; • ;;I► mission of this !'•.1r•m, itn(I an eitvIronmenLoI review vri I I be ` made by this be d before any act-inr, is La I : SHORT NVIROr MENTAt AiJ;F'S KF4T V0IN IIrST°IT. ,10%Sr (a) In cr:!rar to answer the questions in this shc•,rt EAF !s i:; nssumal that the preparer rill u9e currentl; arr+ilnblo infuz.- r..-it rc , orninrr the pi le and thn 1`:cely i::pacts at' the action. It is not expected that additior.al stu•11e�,, ratcer•ci; or ctLer investigations will be undertaken. (b) If any c,ucr-Lion has heen answered Yes tfie. pro joct z1►y l,e signifireint and a ccmpleted Envircrumental Assessr.unt. Form iz nuct r,�rzr; . (c) If all que!ition3 have been answered 1io i s is likrily t,hot thi:a project in nt•, significant. (d) Fnvirc,_nmental Assesmmnnt 1. Will F:oject rosult in a- large, , hysical chrngo to the project site or physically a.ltcr morn than 10 acrL:8 of land? . • • • • • • • . • • • Yea x Nei 2. Will there t:e a major change to any ru►ique oi• unus+►a1 land fors, fc..::;d on Chu site? • lea x tin ?. Will l:.rc'er,r; alter or h.avn a larger af'f,Ict on . an 1 :C2:3L1R3 t)Ouy Of WJtCI'? • . .��. Yel x t'O 4. W1'1 t;ave it pote.ntially ;urge impaco on groundwuier quality? a . • 0 YO!, 5.. Will project significant1' effect drainage flow on adjacent s iT.es? . . • . . . . . . . 'tea � _ 'io 6. Wall project affect. any threnteneu cr c;u:un�ero�l plant or anLn-.al specie3? • . • a . n Yes wX r 7. Will! prc5ect result in a haler ad•rcrse cffoct o:; air ' X 110 e. Will project have a major effect on v>.n. ;al c%iar­ acter of tho co%, ,nunity or.sccnle vi^wa or vistau known to be Imuortant to .the cer.,m pity? . Yes _x ri0 9. Wi11 project adversely impact any site or o!.r;Tr.r,_ ere of historic., pro—nistoric, or.paleor,tolc,�Ical import.a,:cc or any site .dceigfated as a critical ertvircnnental area by a ;seal agorrcy? Yen x i:o 10. Will project have a major offact on exibting or future recreational. onporcunities't Yea ito. 1.1. Will prciecr, result in maJor traffic problem3. or cause a.a for effect to existing; trariz,portaticn systerns? o Yes Wx tip 12. Will project regul ly cause objectionable ciders, noise, glare, vibrati,;n, or elect.r•icai disttirt:— ance as a result of the Project'!; operation? _ _ `e.s _X... :ia 13• Will project have any impact on public li,;raltti. or safety ' • • . . • • . . . r' . Yes x t;C 14. Will pre leer sffect the existingcor'cun_",y by directly causing a erc,rth in per;:;nr::i:t po-,)LJa— Lion of more tt;sn 5 percent over a one:—year period or have a ma for negative ef"cer. or, tr.e character of the cor:manity :i- nei,;ht:or:lard? . �.M Yes X t:o 15. Is there public coiffroversy ccnc-f;rrr r,y, rile per► •_ct'; Y-'s X_ N'o P4EF'A:if'i?'S SIO:iA7!.Itt:s µ s .r _._ TITLE: '�►'RgS�:ITIaG: ..__��rr �_ DATE. Jai 16 ' 1986 4/I/78 ATTACHMENT 4