HomeMy WebLinkAbout3214 FCRM NO.3
TOWN.OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
File No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date /...JA . . . . . .. 19 .
To LA)"Mr-A G" . . .
PLEASE TAKE NOTICE that your application dated . . )..t G. ...... . . . . . . . . . . .1 19 .$3
.
for permit to sesufiaet . nn. .! � . . . . . . . . . . . . . . . . . . . . . . at
Location of Property�S/�.� � �.�44�✓, ,l!t.Gl� , , �..ao�� , . ,1�d► N�a, '
House No. sireet Hamlet
County Tax Map No. 1000 Section . . . . . . . . . . Block . . . . . . . . . . . . Lot . . .q . . . . . . . . .
Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . .
is returned herewith and disapproved on the following n , �'
PP g grounds . W+�
. . . . . . . . . .1.T4 . . cam, . . 0-.0-44. /�. . . a�O. . 4� .. . .. . . . . . . . .
. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Building Inspector
RV 1/80
REMOVED
FEB 011984
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. J,f
DATE January...28....... 1984
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
jOANHGY and 2 The Hollows &
Xk (We) of ............9.5•• Cypres.s..Dr1Va.........................
Name of Appellant Street and Number
Syosset & New York 11791 &
Woodbu ...............New York....117.9.7..HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM'THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED: 12/13/83FOR: Permit to divide
WHEREBY THE BUILDING INSPECTOR DENIED TO
SUE HANAUER & JOAN BAGLEY
c/.o..A151.G&IL..A.....W1C KHAM...............................
Name of Applicant for permit
of 2 The Hollows, byosset, NY 11791 &
95... y re.ss...Drive,.-Mo.odbury• ...NY...•.11.79.7
..........................................
Street and Number Municipality State
(g ) PERMIT TO L15a DIVIDE
( ) PERMIT FOR OCCUPANCY
( ) PERMIT TO BUILD
W 1pg,per of So nd iew A ..
1. LOCATION OF THE PROPERTYS.�Lightmuse Ra o thoc Y 11
g.7. . .........
Street and $a e ' one +A>>
OWNER (S) : LtTNCIdE
Map No. Lot No. SUSAN J. STEPHENSON
DATE PURCHASED:
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article III , Section 100-31 & Bulk RehPdiil p
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 :5� (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No. ................................Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
is requested for the reason that ,we would like to divide the premises into two
lots, both of which exceed 80,000 square feet but contain insufficient
width and area on the upland portions, as shown on survey by Young &
Young, Land .Surveyors,. dated August 17, 1983, revised October 14, 1983.
Form zBl (Continue on other side)
REASON FOR APPEAL ~ Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because the lots are partially under water due to a
freshwater pond consisting of perched water atop a layer of clay.
The water comes..primarily from run-off, and its level is maintained
by a dam at the southerly end of the pond. Applicant was advised .
that .the pond was created about 40 years ago by construction of the
dam. If the water :level rises, as it does each Spring, excess water
is drained out through the dam. Applicant could, by releasing the
dam or punching through the layer of clay, remove the water completely
and thereby obtain lot area and width meeting Town requirements,
but applicant prefers to maintain the pond for aesthetic reasons.
In doing so, he encounters hardship in having insufficient upland
width and area on each lot . Although considerable site work will
be necessary due to the clay, there is ample room on each lot for
construction of a residence. The water level can be regulated by
various engineering techniques to prevent flooding danger to either
of the houses. The pond is not protected by any local or state
statutes or regulations .
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 the only other property
affected by the pond,- 'north of Soundview Avenue, contains a pre-
existing residence, and no other properties are similarly affected.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because applicant 's purpose in seeking a
variance is to maintain the pond. The upland size of the lots
proposed are in keeping with other properties in the area, as shown
by the attached tax map.
SUE HANAUER & JOAN BAGLEY
STATE OF NEW YORK ) p b
ssJ y ... .. .. . .... ............................................
COUNTY OF-NAgSAU ) Signature
5 SUE HANAUER
'Sworn to this .
.....................�.s............. day of............January.............................. 15$4
Notary Public
_0.... , ..
RUTH ENGEL
NOTARY PUBLIC, State of New York
No. 52-1116645, Suffolk county
Term Expires March 30, 19,t5
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LOCAT/ON MAP
SCALE "=600'
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,o_
1 ( P O ND / C THEWATERSUPPLYAND SEWAGED/SPOSAL FAC/L/T/ESFORALL L07�S
W /NTH/SDEVELOPMENT SHALL COMPLY
4'te r e/=47.8 I I I 1 4 W/TH THESTANDARDS AND REOU/REMENTS OFTHESUFFOLK COUNT DEPARTMENT oF, YEEALTH.
LOT' / LOT 2 n1 /l lr/„Q. `� 1ji'-
i AREA=2.46 I ACRES AREA=2.479 ACRE,'
cb � � I I I I I
\ � � NOTE: + i
CONTOUR LINE SHOWN THUS-- 50 ✓NAUTHORIZED ALTERATION OR DITIOF,
I 2. SUFFOLK COUNTY TAX MAP. D/ST. /000 SECT. 050 8LK.06 LOT 004 FO THIS SURVEY IS A VIOLATION F
Q
SECTION 7209 OF THE NEW YORK TATE
3. TOTAL AREA= 4.945 ACRES EDUCATION LAW.
Cb
J I I COPIES OF THIS SURVEY MAP NOT EARINC
C O _ EHE LAND SURVEYOR'S INKED SEAL I.
I
\� IMBOSSLD SEAL SHALL NOT RE COI SIDEREL
TO RE A VALID TRUE COPY.
7.
GUARANTEES. INDICATED HEREON SF LL RUN
ONLY TO THE PERSON FOR WHOM HE SURVF
I 15 PREFABED, AND ON HIS BEHALF i TH
/ ` I TITLE COMPANY, GOVERNMENYAL A 'E,NCY AN(
LENDING INSTITUTION LISTED HtREO AND
TO THE ASSIGNEES OF TH - IN5TI•
1 N.GUARANTEES ARE NOT TR SFERABLf
TO ADDITIONAL INSTITUTIONS OR RSEOUFI,
lLh ' i // ` y ✓ MINOR SUBDIVISION PLAN FOR -)WNERS.
!-T, i SUE HANAUER 8 ✓OAN BAGL EY
i 1 1 L o AT SOUTHOL D
TOWN OF SOUTHOLD
SUFFOL K COU/VrY, NEW YORK of`N
SCALE: / =60 ygP1
AUG.-./7, /983
/ OCT. ./4, /983 a° k °Z
/63.94, � � _ 293.00 e/=50,2
S. 48°55,/0" / 456.94' / , ,/�� +G• 3
/ 7 4559
YOUNG a YOUNG, LAD S ,EA(��'SSUgd�1°
1 400 OSTRANDER A ENUE, ,N.Y.
I ALDEN W YOUNG, N.Y.S.P.E.9 L.S.L/C.NO./2845
now or former/y John A. McGuire HOWARD W. YOUNGG, N.Y.S.L.S. L/C.NO. 45893
NO. 83-654
•ra
Fait
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 May 1 5 , 1987
Abigail A. Wickham , Esq .
Wickham , Wickham & Bressler , P . C .
Main Road , Box 1424
Mattituck , NY 11952
Re : Appeal No . 3214 - Hanauer and Bagley (Variances )
Dear Gail :
This letter will confirm our recent conversations in
the above matter . Our Town Attorney has advised that Court
Decisions . were rendered during 1986 indicating that wetland
areas cannot be deleted when calculating the area of lot (s )
in pending or roposed divisions of land .
At our Regular Meeting held April 2 , 1987 , the Board
of .Appeals reviewed and concurred with the February 19 ,
1987 Memorandum of the Building Inspector and Town Attorney ' s _
Opinion that wetland areas cannot be deleted from the area
of a lot for proposed set-offs or other divisions of land .
Inasmuch as your application is for Variances under
Article III , Section 100-31 of the Zoning Code , it would
appear. that-if your proposal is for a minimum lot area of
80 ,000 sq . ft. and minimum lot width of 175 feet for each
.proposed lot , for single-family dwelling use and meeting
all other zoning requirements , a variance is not required.
Please be 'sure to check with Mr . Lessard of the Buil.ding
Department as to whether or not in his opinion any other
variances or appeal would be necessary under the Town. Code .
If you feel that you would like to proceed with a
variance application with all of the above in mind , please
let us know.
We are transmitting copies of this letter to the Planning
Rage 2 - May 15 , 1987
Re : Appeal No . 3214 - Hanauer & Bagley
Abigail A. Wickham , Esq .
Board and Building Department for their files , as well as the
Suffolk County Health Department for their pending Article VI
application .
Unless we hear otherwise , we will assume that this variance
application is to be deadfiled .
Yours very truly ,
GERARD P . GOEHRINGER
CHAIRMAN
lk
Enclosure
cc : Planning Board
Building Department
Suffolk County Health Department
TEL. 765-1802
( SVFF���OG TOWN OF SOUTHOLD
OFFI
CE OF BUILDING INSPECTOR
�
P.O. BOX 728
^ TOWN HALL
SOUTHOLD, N.Y. 11971
February 19 , 1987
TO: Bennett Orlowski, Planning Board Chairman
FROM: Victor Lessard, Executive Administrator\{'
SUBJECT: Wetland Areas
it is my understanding that parcels containing
wetlands, sand pits, etc. for purposes of determining
the area of a parcel only, must be included in the ca-
culations. The board should take this approach, until
such time the State wishes to change its " laws.
P NI'w� B D
T ` sr LD
Southold, N.Y. 11971
(516) 765-1938 - .
March 31, 1987
Mr. David Kapell
Front Street
Greenport, NY 11944
Re: Too Bee Realty
Dear Mr. Kapell:
Please let this confirm the discussion of the Planning
Board at the March 30, 1987 Board meeting.
It was the consensus of the Board to conduct a field
inspection prior to any further action. It was also requested
that .the existing and proposed lot lines be staked out for
the Board' s inspection.
Would you please advise our office when the property
has been staked so the Board may schedule an inspection.
The Board also requested that consideration be given
to having any development on this parcel leaving the open
space as the existing pond, in the cluster concept.
If you have any questions, please don' t hesitate to contact
our office.
Very truly yours,
�kM, YIRC�BENNETT ORL CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
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LOCATION MAP
SCALE: /'=600'
zt
ZZI
O I i PO ND / THEWATERSUPPLYANDSEWAGEDISPOSALFACILITIESFORALLL071S/NTH/SDEVELOPM,&rSHALL COMPLY
W q t e r e/=47.8 ) ' k WITH THESTANDARDS AND REOU/REMENTS OFTHESUFFOLK COUNTY DEPARTMENT LytlEALTH.
LOT / LOT 2 s ' Jill.
TOTAL AREA=2.479 ACRE-
TO I «; ,
TAL AREA=2.466 1 ACRESf
AREA OF PQNO 000 SF - AREA OFPOND=59,000� F(± ( ( NOTE r j
�� 1 AREA OF UPL AND= 57,000 S.F+ AREA OF UPL AND=50,0 S.FI I ' /. CONTOUR LINE SHOWN THUS— 50 —
1 I 2. SUFFOLK COUNTY TAX MAP: D/ST. /000 SECT. 050 BLK.06 LOT 004
O Q I I I ) 3- TOTAL AREA= 4.945 ACRES
Jt'D ( VI )
1 O
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' �, / , ti `�✓ M/NOR SUBDIVISION PLAN FOR
SUE HANAUER 8 ✓OAN SAGL EY
AT SOUTHOL D ,
TOWN OF SOUTHOLD
ONAUTHORIZED ALTERATION OR ADDITI0M SUFFOL K COUNTY, NEW YO `1 Z OF N fh,
TO THIS SURVEY IS A VIOLATION OF
/ \_,•�/ SECTION 7209 OF THE NEW YORK STATR SCALE: /„=60,
EDUCATION LAW.
i AUG.-/7 /983 0 95,
COPIES OF THIS SURVEY MAP NOT BEARINQD OCT. /4� /983
THE LA�� SUFYEYOR'S INKED S.AL 'A
/ / 1 EMBOSSLD � %L SHALL NOT BE C1)-NhI(ARED
tI TO BE A VAD TrUE CQPY. FEB. 26,1985
/63.94' ` � f � 293.00 e/-s°.z GUARANTEES INDICATED HEREON Sk:.IL!(UN ft�,'�C�IZLLJ`�'�- `� /4r
El°4$.l DNLY TO THE FE.S•ON FOR WHOM THE SURYEt L�(� i
' 456.94 / s E.ArEI:. NIS RFHALF TO THE �� / ° 4589�
S. 4B°55 /O,W �/ FITLE COr BAr v.r. AL AGENCY ANR t F I' C�!F
LENDING INS1,11i:.. H'2EON.AND r�', `d�,lAIPD`StlSdE
TO THE ASSIGNEES (..I —1d1NG INSTIJ YOUNG 9 YOUNG, LANDS
I TUTION. GUARANTEcS A'<f - FflANSFERABLB
TO ADDITIONAL INSTITUT",- OR SUBSEQLhpR 400 OSTRANDER AIfENUE, RIVERHEAD,N.Y.
�WNFRS ALDEN W. YOUNG, N.Y.S P.E.9 L.S.LIC.NO./2845
nOW Or formerly John A. McGuire HOWARD W. YOUNG, N.Y.S.L.S. L/C.NO. 45893
NO. 83-654
4
LAW'OFFICES
WICKHAM, WICKHAM & BRESSLER, P.c.
MAIN ROAD, P.O. BOX 1424
MATTITUCK LONG ISLAND
NEW YORK 11952
WILLIAM WICKHAM
ERIC J.BRESSLER
ABIGAIL A.WICKHAM 516-298-8353
_
FRAN KLYN A.FARRIS
March 1, 1985
Southold Town. Board of Appeals
T o`wn Hall
Main Road
Southold, NY .. 11971
Re: Application .of .Hanauer &. Bag:Ley
Appeal .Nd. 3214
Gentlemen:
In. accordance with your. :let:ters of November 20 ,. 1984
. and January..11, . 1985 , we. are enclosing six (6) prints of
the. minor subdivision plan-. amended to show the pond. area
and upland. area in each lot .
Very tru fly/ /yours,
C�
Ellen' M. Ur.banski
Legal-Assistant
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+xfi Southold Tory Board of Anneals
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 11 , 1985
Abigail A. Wickham , Esq .
Wickham, Wickham & Bressler , P . C .
Main Road , Box 1424
Mattituck , NY 11952
Re : Appeal No . 3214 - Hanauer and Bagley
Your Letter of January 7 , 1985
Dear Gail :
After reviewing recent correspondence from your office ,
together with recent replies from the N . Y . S . Department of
Environmental Conservation and the Suffolk County Health
Department (-copies of which are enclosed for reference ) ,
the board at its Regular Meeting of January 10 , 1985 , reit-
erates its request of. November 15 , 1984 for the following :
(a ) Wetlands map delineating the areas of wetlands and -
� areas underwater for each parcel ( in . square feet)
as well as the square footage of upland for each
, qparcel ; it is our understanding that the N .Y . S .
D. E. C.. has recently been staking out wetlands of
freshwater ponds and it is suggested that you
contact them for information concerning this pond ;
(b ) Suffolk County Health Department approval of subdivi -
sion as required under Article 6 ; it is our under-
standing that a new application can be made for this
subdivision , and that "building envelopes and sewage
disposal system locations should be defined in
application so these concerns can be properly
addressed . " (See Comments dated 12/11 /84-R. Reynolds ) ;
(c ) Letter or recommendations from the Southold Town
Trustees pursuant to their 12/4/84 letter of juris-
diction .
Page 2 - January 11 , 1985
Re : Hanauer and Bagley #3214
Abigail A. - Wickham , Esq .
The file has been determined incomplete pending receipt of
all of the above documentation . Upon receipt of same , further
processing can be properly done by this board .
We are sorry that we are not able to grant any waivers to
these requirements and realize there is a contract of sale
pending on the premises ; however , . this is an environmentally
sensitive tract of land for which a subdivision is being
proposed , requiring reviews , coordination and approvals with
other agencies .
Yours very truly ,
GERARD P . GOEHRINGER
CHAIRMAN
lk
Enclosures '
cc : Southold Town Trustees
Southold Town Building Department
1
COUNTY OF SUFFOLK
PETER F.COHALAN
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF HEALTH SERVICES DAVID HARRIS.M.D.,M.P.H.
To: Southold Town Board of Appeals Date December 11 , 1`ggTSSIONER
Main Road - State Road 25
Southold, N.Y. 11971
Re: Hanauer & Bagley
Dear Sirs: (T) Southold
We are in receipt of your. letter dated November 20,1.984 concerning the above
referenced project.
1. This Department has no objection to your designation of lead agency status.
2: This Department is in agreement with your initial determination.
3. This Department does not agree with your initial determination. See
Comments.
4. Insufficient information is available for technical comments.
5. -There i.s 'no. record of an application to this Department.
A more accurate project location ,is .needed.
(Suffolk County Tax Map #)
X 6. This Department has received, an application and it is:
Complete
Incomplete
X Other: See Comments
7. It appears that the project can- be served by:
Sewage Disposal System
Sewer System and Treatment Works
Subsurface Sewage Disposal Systems)
Other:
548-3318
COUNTY CENTER
RIVERHEAD.N.�Y.,1 1901
X Water Supply System
A Public Water Supply System
Individual Water Supply System(s)
x Other: See Comments
8. Comments:
The Health Department's primary environmental concern pertaining
to development is that the applicant .comply with the requirements of the
Suffolk County Sanitary Code especially Article V and VI, and relevant .
construction standards for water supply and sanitary sewage ,disposal .
These considerations are to be reviewed completely-at the time of
application. Full consideration in placement of,water supply wells
and disposal systems is given to state and town wetland requirements.
The Health Department maintains jurisdiction over final location of
.. disposal and well systems and the applicant should not undertake to
construct any water supply or. disposal system without Health Department
approval .
Other portions of .the -Suffolk County Sanitary Code also apply to
commercial development such as Article XII. The Lead Agency is requested
to forward a copy. of this form to the applicant with its findings.
Attached is a copy of a notice of non-conformance sent to the applicant
on November 7, 19.84, Problems were encountered with the test holes', which
did not show clean sand and gravel `` as required for the installation of
sub-surface sewage disposal systems. Test ,well results shoved the presence
of pesticides (32 ppb aldicarb and 6 ppb carbofuran). A hearing before this
Department's Board of Review was held and is pendering a decision.
The property appears to serve as a natural drainage detention area.
Consideration should be given to the fact that the proposed parcels' elevations
do not vary substandards from the pond's elevations and may be subject to
periodic flooding under storm conditions. The building envelopes and sewage
disposal system's locations shoul`dbe defined as part of the application/
so these concerns can be properly addressed.
Further comment may be provided upon ompletion f the application
review.
Name (. ° A L 1 r iw
Phone S`J�S - 331
Attachment:
cc: RA Ili l l.a, December 7, 1984 Hearing
SUFFni'e_ COUNTY DEPARTMENT OF HEALTH SER -ES
TASTE WATER MANAGEMENT SECTION
Cou.,,,y Center; Riverhead,-New York 71901. ,
NOTICE OF NON-CONFORMANCE
REALTY SUBDIVISION OR DEVELOPMENT �.
Date: f r} jc ►
File Ref. , ' �r ,r
This application is not being processed for approval because it does not conform
with the requirements of Article 6 of the Suffolk County Sanitary Code. This
rCode requires that a realty development or subdivision comply with the following
as marked:
Parcels to be served by public water and individual sewerage systems must .
have minimum ,lot areas of 20,000 square feet or equivalent yield, Section
605, Par; i.c. and 2.a.
Parcels to be served by private wells and individual sewerage systems must
have minimum lot areas of 40,000 square feet, Section 606, Par. I .e. and
2.-a. and Section 605, Par. l.d. and 3.a.
parcels to be served by individual sewerage systems must have minimum lot
areas of 40,000 square feet or equivalent yield, Section 605, Par. l .d.
and 2:b.
a conmun i 9 Y
t� sew�era e system method of sewage disposal is required when
subsoil or groundwater conditions are not conducive to the proper
function-ing of individual sewage systems, Section 6059 Par. 1.b:
a community water system method of water supply is required when the
i grouOdwaters in the area are or non-potable, potentially
606,-Par, T.d, P Y hazardous, Section >
k,
It Other/Co ents
,For recont1d6fition, proof should,be submitted that this Project conforms with or
is exempt fri» theso' requirements of Article 6 of the Suffolk County Sanitary Code.
If this Mai; r` ta'nhot be resolved you may request a variance from these standards
by applyirfg to2t" Health Department Board of Review (forms and instructions
enclosed}� � ,
RRR:'lJr
enclosures
d
TELEPHONE
(516) 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
February 4, 1985 �
Abigail A: Wickham, Esq.
Wickham, Wickham & Bressler, P.C.
Main Road, Box 1424
Mattituck, New York 11952
Re: Application of Hanauer & Bagley
Lighthouse Road & Soundview Avenue
Dear Ms. Wickham:
After reviewing recent correspondence from your office,
the Board of Trustees, at its -Regular Meeting of January 30,
1985 reiterates its opinion as to jurisdiction regarding
the above-referenced matter.
Please be advised that any proposed activity on the
Wetlands will require a permit from the Board of Trustees.
The Board visited the site on January .24, 1985 and .feels
this is a very sensitive area. .
Very truly yours,
Henry P. Smith, President
Board of Town Trustees
HPS: ip
cc: Board of Appeals
Trustees
File
e5
Qq
Southold Town oa rd 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 20 , 1984
Abigail A. Wickham, Esq .
Wickham , Wickham & Bressler , P . C.
Main Road , Box 1424
Mattituck , NY 11952
Re : Appeal No . 3214 -. Hanauer & Bagley
Dear Gail :
Your letter of November 15th and the status of the above
application was discussed at the board ' s Regular Meeting held
November 15th , and it was the consensus of the board to refer
this matter to the Southold Town Trustees for their inspection
and opinion as to the fresh grater wetlands which appear to be
present at the site . The board has also requested that six
copies of the survey plan delineate the square footage of the ,
land underwater and the upland under consideration .
In the interim we will be sending communications to the
Town Trustees and the County Health Department for, their
comments or recommendations , and we ' ll keep you advised.
We ask that you continue with your application with the
County Health Department pursuant to Article 6 , "Realty Develop-
ment and Subdivisions , " and provide us with copies of all
communications to keep" our file up-to-date .
y
Thank you for your past cooperation .
Yours very truly ,
GERARD P . GOEHRINGER
CHAIRMAN
By Linda Kowalski
cc : Suffolk County Health Department
Southold Town Trustees
Southold Town. Building Department
�I
x
LAW OFFICES
WICKHAM, WICKHAM & BRESSLER, P.c.
MAIN ROADr P.O. BOX 1424
MATTITUCK LONG ISLAND
NEW YORK 119S2
WILLIAM WICKHAM
ERIC J.BRESSLER 516-298-8353
ABIGAIL A.WICKHAM �'�
FRANKLYN A.FARRIS
November 15, 1984
Southold Town Board of Appeals
Tarn Hall
Main Road
Southold, NY 11971
Re: Application of Sue Hanauer & Joan Bagley
Appeal No. 3214
Gentlemen:
We are in the process of finalizing our Department of Health
approvals for water supply and sanitary system. However, my clients
have a time limitation in their contract which is fast approaching, and
Lftn�
wait for final Health Department approval prior to asking you to
re the matter to your already crowded calendar, I fear that ouract will expire. I therefore request that.the matter be scheduledhe next available meeting date, based upon progress with the Health
tment to date and our understanding that any action by your Board
would be subject to approval by the Suffolk County Department of Health.
Mr. Hanauer initially obtained a soil boring on either side of the
pond to a depth of 27 feet below the surface. Both borings showed
sufficient sand and gravel for sanitary systems, but the borings were
not witnessed by the Department of Health and were therefore not
accepted by the Department. Subsequently, holes were dug on either side
of the pond. The East side was approved, but the Health Department
required a deeper hole on the West side. This requires larger equipment
which has not yet arrived on the site. Based upon the soil bring
results, we expect that acceptable sand -will be encountered. If not,
however, we will request an appeal to permit removal of unacceptable
material and replacement with sand, which has been acceptable to the
Health Department. In either event, we anticipate eventual approval.
As to the water, a test well was dug, and the results were
satisfactory, except for the presence of aldicarb (temik) above
acceptable limits. We have requested an appeal based upon installation
of a temik filter and expect approval.
Very truly yours,
Abig 1 A. Wickham
AAW:emu
P
LAW OFFICES
WICKHAM, WICKHAM &' BRESSLER, P.c.
MAIN ROAD, P.O. BOX 1424
MATTITUCK LONG ISLAND
NEW YORK 11952
WILLIAM WICKHAM
ERIC J.BRESSLER 516-298-8353
ABIGAIL A.WICKHAM / ��`�`✓-'
FRANKLYN A.FARRIS
January 7, 1985
Southold Town Zoning Board of Appeals
Town Hall
Main Road
Southold, NY 11971
Re: Application of Hanauer & Bagley
Appeal No. 3214
Gentlemen:
I enclose a copy of a letter from the Department of Health Services
indicating that a community water system will satisfy their requirements
for water supply.
With regard to the Board of Trustees, I do not believe they have
Jurisdiction inasmuch as the Department of Environmental Conservation
does not. The Board of Trustees' jurisdiction is defined by Department
of Environmental Conservation law. I enclose a copy of the letter from
the Department of Environmental Conservation indicating its lack of
jurisdiction.
In light of the above, I request that you schedule the matter for
hearing. My clients are almost out of time on their contract
contingency, and they are in danger of losing the thousands of dollars
they have already spent on this project and would therefore appreciate
it very much if you would schedule this matter as soon as possible.
We have made numerous requests of Young & Young for a computation
of upland and underwater areas. We will insist that they furnish it to
us in advance of the hearing.
Very truly yours,
4Abi 'l A. Wickham
AAW:emu
encls.
COUNTY OF SUFFOLK
PETER F.COHALAN
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF HEALTH SERVICES DAVID HARRIS,M.D.,M.P.H.
COMMISSIONER
G
Noszmbe�r 17, 1984
u
Ms. Abigail A. Wickham, Esq.
Wickham, Wickham, & Bressler, P.C.
P.O. Box 1424
Mattituck, New York 11952
Dear Ms. Wickham:
SUBJECT: BOARD OF REVIEW HEARING
PROPOSED MINOR SUBDIVISION OF HANAUER & BAGLEY,
TOWN OF SOUTHOLD (SCTM 1000-50-6-4)
At the hearing held on December 7, 1984 you had an opportunity to present
your appeal of the department's ruling on the subject application.
In accordance with the provisions of Article 2, Section 220, of the Suffolk
County Sanitary Code, the determination of the Board of Review is as follows:
Based on the information submitted, that the application be rejected for a waiver
from having to establish a community water supply to service the two lots. Large
areas of the town have similar water supply problems and allowing individual wells
with treatment is not felt to be a long range solution to the water supply problem.
Everything possible should be done to promote the extension of public water or the
creation of community water supplies.
Very truly yours,
Robert A. Villa; P.E.
Chairman
Board of Review
RAV/jas
cc: Mr. Royal R. Reynolds, P.E.
Mr. Charles G. Lind
Town of Southold Planning Board
225 RABRO DRIVE EAST
HAUPPAUGE.N.Y.11788
(516)34B-2O17
NEW YORA ATE VEPARTMENT OF FNVIRONMIT j.U.NSERVATION
Regu utloity A66a Az Unit
BV-g. 40, SU(''1Y--Room 219
Stony Ikook, IVY 11794
I (516) 751-7�9`00 /'1 1p
Vv 1 c.I� haw. E W) cKharn
- MQ+n � „f Z ('ior l�a�,U rehce Sfep��hSOh,
P.0. Qox
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, TO) 2
RE: rbP-e r�y
o � Lawr�►�cc S`f e1o�ehsoy►
P VV, , r r' e � etiSo�
Dear. l�K �am bw re ►zct S /°
9
A Aev.iew has been made o4 yout pnopo6aZ to: de%J e-bp r-op e- r
ur/ TneNro
1)pP� . �o 'Tovl P4. Rd' %i�'(%•Q i
Sa ur^d�fiew �� ve,.
sec TI ;on 04 /19' houSe; f �i,:P
ocALOdtion: v-cea iS 4jc
(Win cej,�) amd 4o *he Eo"4-4 . Su -4olk Cv. -1"'4-Y
4o-t 5 0V- e S ) as c-Lw o6 .4X
The New Yo�.h State�Jepantmerit o Env,i,conme►tita Corte enva ,ion has de eicmi ned -Pi
that the above pAo jeet .s,6:
f7ep+ 0 f
Mou than 10 0' 4,%om FAes hwateh Wettan& Peq L4 t t 40 rN
-x The FAe6hwateA Wettand6 pAesent aAe tentativetY mapper{ a.6 te66 .than 12.4 ogalr;
aches and have not been de6.ignated by .the State as having uncusuat toea.t S 114
mpontance at this time 6o ate not cuhAentty Aegutated by NYSDEC u�
.c 0
The wettand6 ptuent cute T.i.dae and it appeau that you need to app.P_y 4on
a Ti Weteand6 PeAm,i t WI Cuha�
I c
TheAesone, no peAmi t undeA An ti cte 24 (Fnea hwateA Wettanriz) o( th.e EnviAon- I
mentat Con6envati.on Law Z6 %equiked. wick Lone,
Very tAut y youu,
C"T7
Dan ief J. - LoAh i.n
Reg.ionat Pe mi t Admini,6tnatoA
DJL:RPJT:cz
New York State Department of Environmental Conservation Adh
Regulatory Affairs Unit
Bldg. 40, SUNY--Room 219
Stony Brook, NY 11794
(516) 751-7900 Henry G.Williams
Commissioner
December 26, 1984
Gerald Goehringer, Chairman
Southold Town Board of Appeals
Southold Town Hall
Main Road
Southold, NY 11971
RE: Appeal No. 3214, Sue Hanauer and Joan Bagley
Dear 'Mr. Goehringer:
I have received the above application to subdivide a 4.945 acre parcel
into two 2.46t acre lots. As you know the pond is not subject to
Article 24 (Freshwater Wetlands Act) because the wetland system is
less than 12.4 acres.
We would recommend that all sanitary systems be placed a minimum of
100' landward of the ponds. Construction of one family dwellings,
swimming pools, tennis courts and driveways should be constructed a
minimum of 75' from the pond edge. A 50' natural buffer should be
created adjacent to the pond shoreline.
Thank you for the opportunity to comment on this project.
Very truly yours,
Charles T. Hamilton
Alternate Regional
Permit Administrator
CTH:co's
LAW OFFICES
WICKHAM, WICKHAM & BRESSLER, P.c.
MAIN ROAD, P.O. BOX 1424
MATTITUCK LONG ISLAND
NEW YORK 11952
M WICKHAM ERIC J.
ERIC .BRESSLER '1 �l
516 298'8353
ABIGAIL A.WICKHAM '
FRANKLYN A.FARRIS
January 7, 1985
Board of Town Trustees
Town of Southold
Town Hall
P.O. Box 728
Southold, NY 11971
Re: Application of Hanauer & Bagley
Lighthouse Rd. & Soundview Ave.
Gentlemen:
We were advised by the Department of Environmental Conservation
that they do not have jurisdiction over this matter by letter dated
December 2, 1982, a copy of which is enclosed. The pond on the subject
property is apparently not a protected body of water. Our engineering
studies have determined that the water is merely run-off which is held
within the property by an underlying layer of silt or clay and by the
dam that was constructed at the south end of the property. It is
therefore known as perched water.
Accordingly, we request that you revise your opinion as to
jurisdiction. I would be happy to discuss the matter further with you
if you would like to schedule an appointment for me before your Board.
Very tzuly yours,
Ab' ail A. Wickham
AAW:emu
encl.
cc: Zoning Board of Appeals
Q�o�vFFnc���G
o ®
TELEPHONE
(516) 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
December 4, 1984
Mr. Gerard P. .Goehringer, Chairman
Southold Town Board of Appeals
Main Road
Southold, New York 11971
Re: Hanuaer & Bagley
Lighthouse Road and Soundview Avenue
Dear Jerry:
In regard to the above-referenced matter, please be
advised that the Board of Town Trustees has jurisdiction
in accordance with Chapter 97, section 97-13 sub-section B,
which states: "Freshwater wetlands as defined in Article
24, Title I, 24-0107, Subdivisions 1 (A) to 1 (D) inclusive,
of the Environmental Conservation Law of the State of New
York. [Added 8-26-76 by L.L. No. 2-19761
If we can assist your Board, in the future, we will
be happy to do so.
Very truly yours,
Henry P. Smith, President
Board of Town. Trustees
HPS: ip
cc: Trustees
file
-6
COUNTY OF SUFFOLK '
PETER F. COHALAN 1
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF HEALTH SERVICES DAVID HARRIS,M.D..M.P.H.' c
COMMISSIONER (b
November 26, 1984rj
Au
nib
Ms. Abigail A. Wickham, Esq.
Wickham, Wickham, & Bressler, P.C.
P. 0. Box 1424
Mattituck, New York 11952
Re: Proposed Minor Subdivision of Hanauer & Bagley, (T) Southold
(SCTM 1000-50-6-4)
Dear Ms. Wickham:
Your request to appear before the Board of Review of the Suffolk County Department of
Health Services has been received.
The review of this case has been scheduled for December 7, 1984 at 3:30 p.m. in
the Suffolk County Department of Health Services Conference Room, 2nd floor, North Wing,
County Center, Riverhead.
You and interested parties are requested to appear, with or without counsel , and you
may produce any information or evidence concerning the above referenced property.
Very truly yours,
Robert A. Villa, P.E.
Chairman 33ia,
Board of Review
RAV:cah
cc: Mr. Joseph H. Baier, P.E.
Mr. Paul J. Ponturo, P.E.
Mr. Royal R. Reynolds, P.E.
Mr. Charles G. Lind
Town of Southold Planning Board
COUNTY CENTER (516) 548-3317
RIVERHEAD.N.Y. 11901
o�
Southold Town Boar 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 20 , 1984
To : Mr. Stephen A. Costa , P . E. , - Chief
Wastewater Management ,Section
Suffolk County Health Department
Riverhead, NY 11901
Suffolk County Health Department
County Center,.
Riverhead , NY 11901
Re : Appeal No. 3214 - Sue Hanauer and Joan Bagley
Location of Property: Corner of Lighthouse Road and Soundview
Avenue, Southold ( 1000-050-06-004 )
Gentlemen :
Applications concerning the above property are pending with your
office , presumably pursuant to Article „6 , . and_ with us for a variance
in a proposed div .si_on of land from ..4 . 945 acres to two 2 . 46+ lots .
The premises in question has a substantial "pond" which appears
to cover 50% of each parcel as proposed , or greater, " and we have
been holding the file in abeyance pending an application to your
department pursuant to Article 6 , Realty Development and Subdivisions ,
prior to making an' environmental declaration under S. E .Q . R.A .
May we ask for your comments or recommendations concerning-this
proposal ? We are enclosing copies of our file for your perusal .
Thank you for your time and assistance .
Yours very truly ,
GERARD P . GOEHRINGER
CHAIRMAN „
Enclosures By Linda Kowalski
Gs�Z"d"�'
z-BH- t�P,6 ,
o
=� u o t hold Town Board of Appeals
Ln
®�- MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
7 -1809
TELEPHONE (616) 65
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
-JOSEPH H. SAWICKI
TO : Southold Town Trustees
FROM: Jerry Goehringer, Chairman , Zoning Board of Appeals
DATE: November 20 , 1984
SUBJECT Our Appeal No . 3214 - Hanuaer & Bagley
Location of Property: Corner of Lighthouse Road and r
Soundview Avenue , Southold
x
We have an application .before us requesting an -area variance
in a proposed division of land for which the total upland
area for each lot is less than 80 ,000 sq . ft. The total °
acreage involved is 4 . 945 acres , and at its lowest points is
a substantial "pond . "
The N . Y . S . Department of Environmental Conservation has indicated
by letter , a copy of which is enclosed for your reference , that
there are fresh water wetlands present at the site ; however , their
agency does not currently regulate same since the wetlands are not VV
designated on their State records .
Your assistance is requested for an opinion as to the referenced
"wetlands " and whether such an area would normally be within
your jurisdiction .
Enclosed are copies of documents in our file for your perusal .
I
LAW OFFICES
WICKHAM, WICKHAM & BRESSLER, P.c.
MAIN ROAD, P.O. BOX 1424
MATTITUCK LONG ISLAND
NEW YORK 11952
WILLIAM WICKHAM
ERIC J.BRESSLER
ABIGAIL A.WICKHAM 516-298-8353
FRANKLYN A-FARRIS
November 15, 1984
Southold Town Board of Appeals
Town Hall
Main Road
Southold, NY 11971
Re: Application of Sue Hanauer & Joan Bagley
Appeal No. 3214
Gentlemen:
We are in the process of finalizing our Department of Health
approvals for water supply and sanitary system. However, my clients
have a time limitation in their contract which-is fast approaching, and
if we wait for final Health Department approval prior to asking you to
restore the matter to your already crowded calendar, I fear that our
contract will expire. I therefore request that the matter be scheduled
for the next available meeting date, based upon progress with the Health
Department to date and our understanding that any action by your Board
would be subject to approval by the Suffolk County Department of Health.
Mr. Hanauer initially obtained a soil boring on either side of the
pond to a depth of 27 feet below the surface. Both borings showed
sufficient sand and gravel for sanitary systems, but the borings were
not witnessed by the Department of Health and were therefore not
accepted by the Department. Subsequently, holes were dug on either side
of the pond. The East side was approved, but the Health Department
required a deeper hole on the West side. This requires larger equipment
which has not yet arrived on the site. Based upon the soil boring
results, we expect that acceptable sand will be encountered. If not,
however, we will request an appeal to permit removal of unacceptable
material and replacement with sand, which has been acceptable to the
Health Department. In either event, we anticipate eventual approval.
As to the water, a test well was dug, and the results were
satisfactory, except for the presence of aldicarb (temik) above
acceptable limits. We have requested an appeal based upon installation
of a temik filter and expect approval.
Very truly yours,
CSC 1K10w4e___
Abigakl A. Wickham
AAW:emu
-
® Southold Town Board of Appeals
®f ®� 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 July 20 ,, 1 984
Mr. Lawrence W. Stephenson
2241 West Monona Drive
Phoenix , Arizona 8.5027
Re : Appeal No. 3214
Variance Application - Hanauer and. Bagley
Dear Mr. Stephenson :
Concerning the above application which was filed on
February 1 , 1984 , and pursuant to your request received
July 19th by. the Town Clerk ' s. Office , please find enclosed D
copy of a letter to the applicants ' attorney confirming
the status. of this file . T.o date , we have not received
the requested documentation .
For your convenience , we w.i.11 transmit copies of future
correspondence to you.
Yours very truly ,
Linda' Kowa.l.ski.
..Secretary
Enclosure/
cc : Southold. Town Clerk
Southold Town Planning Board
RECEIVE®
July 13, 1984 JUL 19 1984
Town Clerk Southold
Town Clerk
Main Road
Southold, New York 11971
Gentlemen:
This letter is in regards to a Zoning Variance application filed by
Hanauer-Bagley for the parcel located at the Southeast corner of Sound
Avenue and Lighthouse Road .in the Town of Southold. I would like the
current satus of this application and what .progress if any, has been
made to date.
I am the co-owner of this property and the requested information will
determine future:._negotiations between myself and the. buyers., so a .prompt
response would be .greatly appreciated.
Very truly yours,
d"('��Co r
Lawrence W. Stephenson
2241 W. Monona Drive
Phoenix, Arizona 85027
602 582-1603
C �
Ci�
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 March. 26 , 1984
Abigail A. Wickham, Esq .
Wickham , Wickham & Bressler , P . C.
Main Road , Box 1424
Mattituck , NY 11952
Re : Appeal No . 3214 - Hanauer , Sue and Bayley , Joan
Dear Gail : o
This letter will confirm that at a Special Meetl.ng of
the board held on Saturday , March 17 , .1984 , that comments
and/or approval be received from the Suffolk County Depart-
ment of Health Services prior to scheduling this matter
for a public hearing .
If you have received approval from the Health Depart-
ment , please let us know.
Yours very truly ,
GERARD P . GOEHRINGER
CHAIRMAN
By Linda Kowalski
cc : Planning Board
y.w^xqqq rpp �
OFFICE QF TOWN Gt� T_TyORNEY
ROBERT W.TASKER TO,W..N OFrl5OUTHOLD U� TELEPHONE
Town Attorney i may' n R U (516) 477-1400
��' , ti. ��,�,'��`+ t 1
425 MAIN ST.
GREENPORT, L.I., NEW YORK 11944
February 4, 1983
Henry E. Raynor, Jr., Chairman
Southold Town Planning Board
Main Road
Southold, New York 11971
Re: Proposed Minor Subdivision - Hanauer
Dear Henry:
With respect to the above subdivision you have asked me whether the
Planning Board should compute areas below water.
Section A 106-36C of the Planning Board's subdivision regulations pro-
vides, in part, that "land subject to flooding or land deemed by the
Planning Board to be uninhabitable shall not be platted for residential
occupancy . . " I would construe this to mean that only the upland can
be considered part of the lot.
Yours very truly,
�� � "�
RO ERT W. TASKER
RWT:aa
P c�A N. 04 D
T ,' 1 F`=SOU D
0,
Southold, N.Y. 11971
HENRY E.RAYNOR,Jr., Chairman TELEPHONE
JAMES WALL 765-1938
BENNETT ORLOWSKI,Jr.
GEORGE RITCHIE LATHAM,Jr.
WILLIAM F.MULLEN,Jr.
January 26 , 1983
Mr. Robert W. Tasker
Town Attorney
425 Main Street
Greenport, New York 11944
Re: Proposed Minor Subdivision
Hanauer
Dear Bob:
Enclosed please find sketch and covering letter from
Abigail Wickham with reference to a proposed minor sub-
division.
Question has arisen as to the board giving any con_
sideration in` computing area falling below water. As is
evident by,the map, the proposed lots upland area contain
approximately 3/4 acre each. Would this type of proposal
mandate an area variance because the upland falls under
our acre zoning criteria for A-Residential?
Very truly yours ,
HENRY E. RAYNOR, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
sel
Enc .
ell
0 Ur
CIN
r `
0FFICE?`O'F TOWNj.,-MTORNEY
ROBERT W.TASKER TOWN.OF SOLTTHOLD (��Q TELEPHONE
Town Attorney
,� ✓ ^ G�� t R (516) 477-1400
425 MAIN ST.
GREENPORT, L.I., NEW YORK 11944
February 41, 1983
Henry E. Raynor, Jr., Chairman
Southold Town Planning Board ,
Main Road
Southold, New York 11971
Re: Proposed Minor Subdivision - Hanauer
Dear Henry:
With respect to the above subdivision you have asked me whether the
Planning Board should compute areas below water.
Section A 106-36C of the Planning Board's subdivision regulations pro-
vides, in part, that "land subject to flooding or land deemed by the
Planning Board to be uninhabitable shall not be platted for residential
occupancy . . " I would construe this to mean that only the upland can
be considered part of the lot.
Yours very truly,
RO ER&WTASKER
RWT:aa
tiM
l��-' � �e��2O
pg. (5) 12/5/83
Ms . Abigail Wickham, Esq. and Mr. Hanauer met with the Board to dis-
cuss Hanauer/Bagley proposed two lot subdivision. Mr. Hanauer is
the perspective buyer of the property. Ms . Wickham stated the pond
on the property was artifically created by a farmer diking his
farmland. Mr Hanauer would propose to maintain the water level by
a system. that would puncture the clay. layers . Mr. Raynor advised
Ms. Wickham, under law the Planning Board could not consider the
unbuildable land in computing a buildable lot. It was estimated
that the five acre parcel was covered by .a three acre pond, thus
having undersized lots . Ms . Wickham asked that the Board deny it
so she could proceed with the Zoning Board of Appeals .
On motion made by Mr. Latham, seconded by Mr. Orlowski, it was
RESOLVED that the Southold Town Planning Board deny the proposed
two lot subdivision of Sue Hanauer & Joan Bagley, located at Southold,
dated October 14, 1983 , 100-31 .
Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall
On m tion made by Mr. Mullen, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board set 7 :30 p.m. , Monday,
January 9, 1984 at the Town Hall , Main Road, Southold, New York as
the time and place for the next regular meeting of the Planning Board.
Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall
On motion made by Mr. Orlowski, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board set 7 :30 p.m. , Monday, -
January 9, 1984 at the Town Hall , Main Road, Southold, New York as
the time and place to hold a public hearing on the question of the
approval of the minor subdivision of Edward Zuhoski Estate, located
at Cutchogue .
Vote of the Board: Ayes : Raynor, Latham, Mullen, Orlowski, Wall
* * * * * * * * * *
On motion made by Mr. Latham, seconded by Mr. Orlowski, it was
RESOLVED that the Southold Town Planning Baord approve the site plan
"Prime Purveyor' s Inc. " for a warehouse to store dry goods and office
space, subject to a one year review. by the Planning Board.
Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall
P
a` c
T YQ Aso to
S U F" I��( ��1 Y
Southold; N.Y. 11971
HENRY E.RAYNOR,Jr.,Chairman, TELEPHONE
JAMES WALL 765-1938
BENNETT ORLOWSKI,Jr. -
GEORGE RITCHIE LATHAM,Jr.
WILLIAM F.MULLEN,Jr.
December 7 , 1983
Ms . Abigail Wickham
Wickham, Wickham & Bressler
P.O. Box 1424'
Mattituck, New York 11952
Re: Hanauer/Bagley
. Minor Subdivision
Dear Ms. Wickham:
The following action was taken by the Southold Town
Planning Board, Monday, December 5 , 1983 .
RESOLVED that the Southold Town Planning Board deny
the proposed two lot subdivision of Sue Hanauer & Joan
Ba® located at Southold, dated October 14 , 1983 , 100-31.
Very truly yours ,
HENRY E. RAYNOR, JR. ,' CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Susan E. Long, Secretary
cc: Zoning Board of Appeals
1
T o �o
4,Q
S L !£R
;
Southold, N.Y. 11971
HENRY E.RAYNOR,Jr.,Chairman TELEPHONE
JAMES WALL 765-1938
BENNETT ORLOWSKI,Jr.
GEORGE RITCHIE LATHAM,Jr.
WILLIAM F.MULLEN,Jr.
October 14 , 1983 --
Ms . Abigail Wickham
Wickham, Wickham & Bressler
P.O. Box 1424
Mattituck, New York 11952
Re: Hanauer/Bagley
Dear Ms. Wickham:
After an on site field inspection and discussion of
same re: above at our meeting held October 11, 1983 , it
was the concensus of the Board to forward a copy of the
Town Attorney' s letter to you reiterating a majority of
the property is pond area and therefore considered unbuild-
able . It would appear the upland area on the lots proposed
falls well below the present two acre zoning. As a result
approval of the sketch map was not granted.
If you would like to discuss this matter further,
please feel free to contact our office.
Very truly yours,
HENRY E. RAYNOR, 'JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Susan E. Long, Secretary
Town Hall, 53095 Main Road
P.O. Box 728
® `a Southold, New York 11971
JUDITH T.TERRY TELEPHONE
TOWN CLERK (516)765-1801
REGISTRAR OI;VITAL STATISTICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 1, 1984
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3214 application of Sue Hanauer &
Joan Bagley for a variance. Also included is notification to adjacent property
owners; Short Environmental Assessment Form; Letter from N.Y.S. D.E.C. re:
N.Y. S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building
Department; and survey.
Judith T. Terry
Southold Town Clerk
r
WE, the undersigned, consent to the Subdivision
application of SUE HANAUER and JOAN BAGLEY on property
owned by us on the Southwest corner of Sound View Avenue
and Lighthouse Road, Southold, New York.
Lawrence W. Steph nson
2241 W. Monona Drive
Phoenix, Arizona 85027
Susan J Stephenson
300 N. Civic Drive #311
Walnut Creek , California 94596
i
RECavao
FEB:0119
TOWN OF SOUTHOLD, NEW YORK
rwe_mt
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. `�ll�
DATE T B,>;lla-'.y...28 1984
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD N. Y.
SUE HANAUER and 2 the Hollows &
XX (We) JoUAN„BAGLEY........ of ............95...qY.P.ress„Drive..........................
Name of Appellant Street and Number
Syosset & New York 11791 &
................Woadbuty.........................................................ew York, 1.17.97...HEREBY APPEAL TO
....
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED: 12/13/83FOR: Permit to divide
WHEREBY THE BUILDING INSPECTOR DENIED TO
SUE HANAUER & JOAN BAGLEY
c/o ABIGAIL A. WICKHAM
.................................................................................
N me of licant for it
of 2 The Hol`�ows , �yosset, ' 11791 &
9.5...QYP.re.�;.5... ry;vq..'...W.Q.odbuzy.,... ]X.....11.7.9.7...........................................
Street and Number Municipality State
(X ) PERMIT TO U= DIVIDE
( ) PERMIT FOR OCCUPANCY
( ) PERMIT TO BUILD
S/W Cor er o Sohn view Ave. &
1. LOCATION OF THE PROPERTY ...L.ig]at a use...Raa ,....Southa d,...NY......L19.7.1........ .
Street and Hamlet Zone "A"
Residential & A ricultural
SCTM 1000 50 6 OWNER (S) : LAW>MNG�. X, .STZPHEN.SQW. &
..............��..........-.....-...-4.......................................10op No. Lot No. SUSAN J. STEPHENSON
DATE PURCHASED:
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article III , Section 10 0-31 & Bulk Schedule
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 (bmk (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No. ................................Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
is requested for the reason that we would like to divide the premises into two
lots , both of which exceed 80 , 000 square feet but contain insufficient
width and area on the upland portions , as shown on survey by Young &
Young, Land Surveyors, dated August 17, 1983, revised October 14 , 1983.
Foim ZB1 (Continue on other side)
` l '
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because the. lots are partially under water due to a
freshwater pond consisting of perched water atop a layer of clay.
The water comes primarily from run-off, and its level .is maintained
by :a dam at the southerly end of the pond. Applicant was advised
that the pond was created about 40 .years ago by construction of the
dam. If the water level rises, as it does each Spring, excess water
is 'drained out through the dam. Applicant could, by releasing the
dam or punching through the layer of clay, remove the water completely
and thereby obtain lot area and width meeting Town requirements ,
but applicant prefers to maintain the pond for aesthetic reasons.
In doing so, he encounters hardship in having insufficient upland
width and area on each lot . Although considerable site work will
be necessary due to the clay, there is ample room on each lot for
construction of a residence. The water level can be regulated by
various engineering techniques to prevent flooding danger to either
of the houses . The pond is not protected by any local or state
statutes or regulations.
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 the only other property
affected by the pond, north of Soundview Avenue , contains a pre-
existing residence, and no other properties are similarly affected.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because applicant ' s purpose in seeking a
variance is to maintain the pond. The upland size of the lots
proposed are in keeping with other properties in the area, as shown
by the attached tax map .
SUE HANAUER & JOAN. BAGLEY
STATE OF NEW YORK ) I.b
COUNTY OFF ) Signature
S �Sr ��. SUE HANAUER.
Sworn to this ................................ ........ day of.............January.... ................... 1984
.... ................. .... .... , ..
Notary Public
RUTH ENGEL
NOTARY PUBLIC, State of New York
No. 52-1116645, Suffolk Coun
jerm Expires March 30, 101A5
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
Mr. John. A. McGuire 9 Miller Road
Miller Place, NY 11764
Mr. Ivan A. Kitanof 358 Hillside Dr. South
New Hyde Park, NY 11040 .
Ms_._ Gen.PtT��- ''-4 Old North Road
-- " Southold, NY 11971
P
529 759 777
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LL t to _ -.—•—�—��
STATE OF NEW YORK ) ss.:
COUNTY OF SUFFOLK )
ELLEN M. URBANSKI residing at 309 Fanning Blvd. 14 ,
Riverhead, NY 11901 being duly sworn, deposes and says that on the 30th day
of Januar3, 11984 deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Mattituck ; that said Notices were mailed to each of said persons by
(certified) (xeg»cm:� mail. - Receipts attached.
ELLEN M. URBANSKI
Sworn,to before e this 30th
day of� Januar r� , 1984
Notary Public
y I
JOAN I-IINDERMANN
iNI0 E..AFiY PUBLIC, State of New York
No. 52-6905650-Suffolk County
Commission Expires March 30, 19 27
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
SUE HANAUER and JOAN BAGLEY . NOTICE
TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: Mr. John A. McGuire PROPERTY OWNER
Mr. Ivan A. Kitanof
Ms. Genevieve Sepenoski
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (Slf�lj�XXKkg
b
2. That the property which is the subject of the Petition is located adjacent to your property ands des-
cribed as follows: S/W corner of Soundview Avenue and Lighthouse Road,
Southold, NY 11971 (Tax Man No. : 1000/50/6/4
3. That the property which is the subject of such Petition is located in the following zoning district:
"A" Residential & Agri c-iil t 1-rg1
4. That by such Petition, the undersigned will request the following relief: Permit to divide
the primes into two—lets
• d
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article III Section 100-31 & Bulk' h dill P
6. That within five days from the date hereof, a written-"Petition regGesting.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�571809.
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.
SUE HANAUER & •JOAN BAGLEY
Dated: January o?�, , 1984 .
By
Petitioner SUE HANAUER
Post Office Address
2- Tho Hollows
Syosset, NY 11791
SHORT ENVIRONMNTAL ASSESSMENT FORM
INSTRUCTIONS:
(a) In order to answer the questions in this short EAF is is assumed that the t
preparer will use currently available information concerning the project and the
rn likely impacts of the action. It is not expected that additional studies, research
0 or other investigations will be undertaken.
0
rj (b) If any question has been answered Yes the project may be significant and a
Ln completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that this project is
not significant.
(d) Environmental Assessment
1. Will project result in a large physical change
to the project site or physically alter more /
than 10 acres of land? Yes N_ No
rn
2. Will there be a major change to any unique or _
unusual land form found on the site? Yes _4/_ No
z 3• Will project alter or have a large effect on
an existing body of water? . . . . . . . . e . Yes No
b 4. Will project have a potentially large impact, on
0 groundwater quality? Yes V No
0 5. Will project significantly effect drainage flow /
O on adjacent sites? . . . . . Yes ,/ No
6. Will project affect any threatened or endangered /
b plant or animal species? .. . Yes ,/ No
rd
0 7. Will project result in a major adverse effect on
a air quality? Yes No
8. Will project have a major effect on visual char-
acter of the community or scenic views or vistas
known to be important to the community? Yes No
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontological
0 importance or any site designated as a critical
aenvironmental area by a local agency? Yes No
64 10. Will project have a major effect on existing or /
4-4 future recreational opportunities? Yes ✓ No
0
b 11. Will project.result' in major traffic problems or
L4 cause a major effect to existing transportation /
systems? . . . . . . . . . . . Yes I/ No
CO
12. Will project regularly cause objectionable odors,
tr' noise, glare, vibration, or electrical disturb-
ance as a result of -the project's operation? Yes No
O13. Will project have any impact on public health or
N safety? . . . . . Yes No
3 1L. Will project affect the existing community by
0 directly causing a growth in permanent popula-
Ei tion of more than 5 percent over a one-year
b period or have a major negative effect on the
character of the community or-neighborhood? . Yes No
0
� 15. Is there public controver y concerning the project? Yes No
0 PREPARER'S SIGNATURE: I TITLE; Attorney for fA licant
REPRESENTING: SUENY DATE: f 301�
9/L/78
NE0 y ORK S 1 AT, . ' ARTMEtit OF R?ViP(*MFF!TAL�- ..,)), 'VAT701
RequX.attony A{6aiAz Chit
W-9. 40, SU;]V--Room 219
Stony Kkooh, ray 11794
(516) 751-79`00 /�
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ML �� L 57 e/7hek SoH,
a�� br GI,U Yehce
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a zrt o4- 1!..-awr�kcc � �ejohehSoh
RE: P P y /
Deat IAA. I j a 1 Wick �d, 1-0✓ Law renct S �erJ/� eh5o:�
A tev.iew has been made ob yout puposat to: de
e: /vjo f"oO e r- t y
/ oY�on P't• % wr jo *j �au4Ao1 Rol' lno Sdur.a( I�iec� /-eve.
��r�oh �� .LNT�rSecT�o,n O � /l��j�"{�o(eS e.
II L{{�� anon: , -+ 1 -
•h, D�S,,,,+LLf - / / oh �17 Loc ner �t T J
PdrC e /S Sr u a ec
djace4) ,n,1 4'o *Aa Eoulk . S'ul�ofk fa.
L � 5-, 0 (c (DSO ) as S ow Jh 4y kn-lp oh
The New 9 o&k S, te�Jepa ne o Env.i�ronmen taQ Corns e�cva ion has de tehm i ned r• 1e a, 4-
that the above pto1 eet .i•s: +r
Mote than 100' {loom Fne6 hwaten. fgettand6 1,,4o ry
-x The FteshwateA wetea.nds pne6ent ate tentative.-y mapper{ a6 tu,6 than 12.4 690lr;
aCAes and have not been dezignated by the State as having unusuae toeat SuP!
/iecQ
mpontance at th i.6 time z o aAe not cut&entty teguta ted b y UYSDEC�c �
by
The weteand6 ptes ent ate T.idat and it appeau that you need to apply bon Wick
'I �))
a Ti WetCa.nds Pehmit W ckhwa
Thetebone, no peAntit undeA Axticte 24 (Fne6 hwateA We Lands) o b .the Envi&on- �
mental Con6eAvati.on Law .i6 Aequ Aed.
wiGIC Llir
V eAy tAut y yowiA,
1
.�-0P,
Daniel J. - Lanhin
Reg.ionae Pvunit Admini tAatot .
DJL:RPJT:cz
r _
LAW OFFICES
WICKHAM, WICKHAM & BRESSLER, P.c.
MAIN ROAD, P.O. BOX 1424
MATTITUCK LONG ISLAND
NEW YORK 11952
WILLIAM WICKHAM
ERIC J.BRESSLER
ABIGAIL A.WICKHAM 516-298-8353
FRANKLYN A.FARRIS
January 30 , 1984
Southold Town Board of Appeals
Town .Hall
Main Road
Southold, NY 11971
Re : Application. of Sue Hanauer and Joan Bagley
Soundview Ave. & Lighthouse Rd. , Southold
Gentlemen:
Enclosed are the following in connection with the above
application:
1. Notice of Disapproval from the Building Inspector ;
2. Application, in triplicate ;
3. Original Notice to Adjoining Owners with Affidavit
of -Service thereon;
4. Copy of letter from N.Y. State Department of
Environmental Conservation dated 12/2/82 stating
that no DEC permit is required;
5 . Short Environmental Assessment Form;
6 . Five prints of the survey;
7. Check in the sum of $50 . 00 , representing the
application fee .
If any further information is required, please contact
us as soon as possible.
Very truly yours ,
Wickham
/emu
encls .
CC: Southold Town Planning Board
P.S. Also enclosed is a copy of a Consent from the Stephensons ,
owners of the property, to the application by .Hanauer &
R2.,r1 av