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HomeMy WebLinkAbout5222 b'a-a-?- Pk - ,(q/o3- tax/ 67/tie -rf- , riu • ►O4FFOUr ,,,,,,,,,,, APPEALS BOARD MEMBERS �•ii .--44 ��' spy Southold Town Hall ydia A.Tortora, Chairwoman ; 53095 Main Road \ '1 Gerard P. Goehringer ; ti Z ; P.O. Box 1179 George Horning O .fie t Southold,New York 11971-0959 Ruth D. Oliva ' '� a0iZBA Fax(631)765-9064 =JjO l 4i �,,'' Telephone(631)765-1809 Vincent Orlando ' http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 23, 2003 Appeal No. 5222 - Robert& Barbara Holley. Property Location: 1085 Bay Shore Rd., Greenport 53-3-13.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type Il category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' parcel consists of approximately 23,392 sq, ft., comprising of Nos. 12, 13, 14, 15 shown on the Amended Map "A" of Peconic Bay Estates in Greenport. The property has 180 ft. frontage along the north side of Bay Shore Road, a depth of 157.12 ft. along the west side and 151 ft. along the east lot line, and frontage along Pipes Creek. The property is improved with a one-story frame house as shown on a survey dated February 4, 1997, updated October 23, 2002 prepared by Joseph A. Ingegno, L.S. BASIS OF APPLICATION: Building Department's August 28, 2002 Notice of Disapproval denying a permit under Section 100-33C for the location of an accessory garage with a front yard setback at less than 40 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 16, 2004, which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to locate an accessory garage, 36' wide by 24' deep, in a front yard location at 35 feet from the front lot line instead of the code required 40 ft. setback. The property has two yards facing a road and road easements, and two remaining yards with restricted wetland areas, delineated by the NYS DEC Bureau of Marine Habitat. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings' 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property is nonconforming with +- 23,392 sq. ft. according to a survey prepared by Joseph A. Ingegno, L.S. dated II Page 2—January 23,2uua Appl. No.5222—Robert and Barbara Holley 53-3-13.1 at Greenport October 23, 2002. Other properties in the neighborhood are also developed on small nonconforming lots. 2. The benefit sought by the applicant cannot be achieved by some other method, feasible for the applicant to pursue other than a variance. The property is a waterfront parcel containing wetland and restricted areas. The applicants have no other alternative and desire to build a garage as an accessory use in this yard location southwest of the house, at 35 ft. instead of 40 feet from the front line. Without variance relief, the proposed garage in a reasonable location, and their rear yard is very close in proximity to the wetlands and restricted buffer area. The proposed garage is 24 feet by 36 feet with the entrance to the east. The front yard setback pursuant to Article XXIV, Section 100-244 is 40 feet, the proposed structure is shown at 35 feet from the front yard line. The proposed garage will be heavily screened from the north and west by dense woods and a non-disturbance buffer, and from the south by heavy vegetation along Bay Shore Road. 3. The variance is not substantial in relation to the code requirement, representing a reduction of 12.5% of the code requirement. 4. The alleged difficulty has been self- created because the applicants were aware of the limitations of the nonconforming size of the lot when it was purchased. 5. No evidence has been submitted to suggest that the relief granted will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a garage while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD. In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Orlando, and duly carried to Grant the setback variance as applied for, with the Condition that the only utility be electricity. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, t • r • Page 3—January 23,2003 • Appl. No. 5222—Robert and Barbara Holley 53-3-13.1 at Greenport setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and Orlando. (Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0). Lydi- •. Tortora, Chairwoman —Approved for Filing 3/ /03 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 16, 2003 PUBLIC HEARING NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, January 16, 2003, at the time noted below(or as soon thereafter as possible): 3:30 p.m. Appl No. 5222 - Robert & Barbara Holley. This is a request for a Variance under Section 100-33C, based on the Building Department's August 28, 2002 Notice of Disapproval for construction of an accessory garage with a front yard setback at less than 40 feet. Location of Property: 1085 Bay Shore Rd., Greenport; Parcel 1000-53-3-13.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: December 19, 2002. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (tel. 631-765-1809) FORM NO. 3 TOWN OF SOUTHOLD PUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: August 28, 2002 TO: Suffolk Environmental A/C Holley PO Box 2003 Bridgehamtpon,NY 11932-2003 Please take notice that your application dated August 22, 2002 For permit for construction of an accessory garage at Location of property 1085 Bay Shore Road, Greenport, NY County Tax Map No. 1000 - Section 53 Block 3 Lot 13.1 Is returned herewith and disapproved on the following grounds: The proposed construction not permitted pursuant to Article III Section 100-33C which states; In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code. Front yard setback on parcel, +/- 23,392 sq. ft.,pursuant to Article XXIV, Section 100-244, is 40 feet. Proposed structure is shown at 35 feet from the front lot line. Authorized Signature Cc: ZBA, File Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. TOWN OF SOUTHOLD BUILDING PFR MIT APPLICATION CHECKLIST BUILD.ING DEPARTMENT Do y< ve or need the following,before applying? TOWN HALL Board of Health r, SOUTHOLD, NY 11971 3 sets of Building Plans ► TEL: (631) 765-1802 Planning Board approval ,' FAX: (631) 765-9502 Survey PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved ,20 Mail to: Disapproved a/c Phone: Expiration ,20n —jj n 11 �� ; ,i (� ��, n cy� Building Inspector ^f i' AuG 2 2_3_30_2j t '--1 1`�_.,......1:.........._—"' '_._:_� I; i 1 i` t n i 4 1 'PLICATION FOR BUILDING PE ' IT -F771 -' ` Tai Date �� p!DG.G,_"T• i i Ml , 202 1s .JN 1F tsu -0-Q 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 waterways. 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 issue a Building Permit to the applicant. Such a 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 what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter,a new permit shall be required. 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 removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code,housin code, and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. Or D (Signature of applicant or name,if a corporation) surrOq< FN`i12 '_J. 6,A4vi.T/JC, 4.-. I o• Sox et103 . 3E f, 4444NO&-.) ill'j' 1113 2 (mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder AGN r _ ing crNvl,(CO✓AEE,„„4L Co_fJLTl nJC /,..,( Name of owner of premises �c3t-"R — E. 1 A °ila 1 ?2 (As on the tax roll or 1st deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: /o 85— SAy f.a L leo AD OREEn)PoZ-T— House Number Stteet Hamlet 03 �,:,v., : , , . )2'f}a :s,3 County Tax Ma No. 1000 Section 5 3 Block Lot l'� j Subdivision . (o�urC SA.Y firm-f- �(*P dia" Filed Map No. (1 IV Lot (2, (3,i Y ' (S (Name)/ 2. State existing use and occui y of premises and intended use and o___pancy of proposed construction: a. Existing use and occupancy /I kbecrE Si"CZ.C. f 4M Icj Dwe t(/A, G-- . b. Intended use and occupancy Fiivt tf_ Si.�C 7,4&1c. D,,.*-ut,.)c 'j G.R4C� • f 3. Nature of work(check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost #S S,00o Fee (To be paid on filing this application) 5. If dwelling, number of dwellin unit Number of dwelling units on each floor — If garage, number of cars Iw 2) 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front 75.0 -7- Rep/. •73,0� = Depth 145,0' +(- Height 4 3 2. 0' Number of Stories ONE l I) _._i Dimensions of same structure with alterations or additions: Front :j,., A Rear Depth Height Number of Stories - 8. Dimensions of entire new construction: Front S6.0" Rear 36.° c Depth 2q, O Height < 310 ' Number of Stories ON£ (') 9. Size of lot: Front 6,0,0' 'V- Rear 300.0 / f/- Depth 1 fd,Of . .(--- 10. .10. Date of Purchase — Name of Former Owner Cgae - 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES 'NO 13. Will lot be re-graded?YES NO /Will excess fill be removed fromremises? YES NO 300 fAsT YI�"`st i An:25 14. Names of Owner of premises oto Address N N 10016 Phone No. Z19/66-46 Sj Name of Architect ti(-C t Qp' IL-o 'k► ddress v A o°9 50..000 t /t) Phone No 7 -04 00 Name of Contractor Address Phone o. 15 a. Is this property within 100 feet of a tidal wetland or a freshwat etland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS Y BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: CO OF JvF 1.L) 4Kr D. //Q�r being duly sworn, deposes and says that(s)he is the applicant ame of individual signing contract)above named, (S)He is the AGENT - rFoCIC. rlU I(2On),..v ,4Cr 6...Jvc-r) ,ter //:,(..•//:,(..•( ,�ontractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to me thin '- day of l.l' 20 OZ._ 194(r' 44-- N , ,..,, , • e otary Public S. ature .f A./giant MIDA M.BOHN NOTARY PUBLIC,State of New York No.01 B06020932 / ' # ,,e Qualified In Suffolk Cou Term Expires March 8, 20(L gssligned no..L.2.g a.l 1FGr Office Use Only: Fee$ y 96,m4 tce/2L Ri&S 9� —0 Z ',...JN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE OF BUILDING INSPECTOR'S DECISION APPEALED: ...A.u.gust..28,,...20.0.2 Bruce A. Anderson - TO THE ZONING BOARD OF APPEALS: I (We) .W.f 4.1-h..gfMiP t4.1.XPnault.ing, Inc. (Appellant) of PO Box 2003; Bridgehampton, NY 11932 (Tel # (631 ) 537 — 5160) HERE APPEAL THE DECISION OF THE BUILDING INSPECTOR DATED August 28 2002 WH EBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED N/A FOR: ( Permit to Build ( ) Permit for Occupancy ( ) Permit to Use ( ) Permit for As-Built ( ) Other. 1. Location of Property 1085 BaX Shore Road; Greenport. NY Zone District 1000 Section 053 Block 0 3 Lots) 013 .1 Current Owner....IW9. - I-. Y 2. Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection and paragraph of Zoning Ordnance by numbers. Do not quote the law.) Article III Section 100. 33 Sub-Section C 3pe of Appeal. Appeal is made herewith for: ( A Variance to the Zoning Ordinance or Zoning Map ( ) A Variance due to lack of access as required by New York Town Law Chap. 62, Cons. Laws Art. 16, Section 280-A. ( ) interpretation of Article , Section 100- ( ) Reversal or Other: 4. Previous Appeal. A previous appeal (has) as not been made with respect to this property or with respect to this decision of the Bui • ng I, -pector(Appeal # Year ) REASONS FOR APPEAL (Additional sheets may be used with applicant's sianaturel: AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: PLEASE REFER TO THE ATTACHED ADDENDUM (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( ) Yes, or ( ) No. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box if USE VARIANCE STAN s • P. are co ple / •nd attached. V - Sworn to before me this (S gnature of Appellant or Authorized Agent) y' of . 20 (Agent must submit Authorization from Owner) Notary Public ZBA App 08/00 Matthew D. (vans Notary Public of New Ybtk No. 011V6053859 Qualified in Suffolk County Commission Expires January 22, 2063 Appeal Application, Continued BOARD OF APPEALS : TOWN OF SOUTHOLD COUNTY OF SUFFOLK:STATE OF NEW YORK x Application of Appeal Application (Continued) Property ID# REASONS FOR USE VARIANCE x Continuation of Appeal Application for a Use Variance (when applicable): For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Protect is Located (please consult your attorney before completina): (1) The applicant CANNOT realize a REASONABLE RETURN because: (2)The HARDSHIP relates to the property and does not apply to a substantial portion of the district or neighborhood because: (3) The relief requested will not alter the essential CHARACTER of the neighborhood because: (4) Has the alleged difficulty been self-created? ( ) Yes, or ) No. (5)This is the MINIMUM that is necessary and adequate, and at the same time will preserve and protect the character of the neighborhood and the health, safety, and welfare of the community because: (6) The spirit of the zoning ordinance will be observed. (7) The public safety and welfare will be secured and substantial justice done. (Signature of Appellant or Authorized Agent) Sworn to before me this day of , 20_. (Notary Public) revt 0 wet.1tr.-�A �hoY "- , "44 ZBA App 08/00 {qtr. , 1; 0 ADDENDUM to the SOUTHOLD ZONING BOARD of APPEALS Application for the HOLLEY Property Situate: 1085 Bay Shore Road; Greenport; Town of Southold,NY SCTM#: 1000-053-03-013.1 REASONS FOR APPEAL AREA VARIANCE REASONS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties,if granted because: The applicant simply proposes to construct an 864.0 square foot detached accessory garage consistent with the existing amenities found within neighboring properties. Furthermore, the proposed garage will be heavily screened by dense vegetation from the north and west by dense woods and a non-disturbance buffer, and from the south by heavy vegetation along Bay Shore Road. Exposure of the proposed garage will be from the east only, facing the existing private single family dwelling which will be utilizing said structure. Therefore, there will be no undesirable change to the surrounding neighborhood. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: Subject property originally benefited from both a Town of Southold Trustees Wetlands Permit and a New York State Department of Environmental Conservation Tidal Wetlands Permit for construction of a proposed private single family dwelling with related appurtenances, including sanitary system, resulting in an approved setback of 54.5' from the landward edge of the tidal wetlands, which comprise approximately 40.0% of the overall lot. In addition, the proposed dwelling fully conformed with all zoning standards set forth within the Town of Southold Code, specifically the front-yard setback required • for a principal structure. However, under the current ownership, the proposal was modified to allow for construction of a detached garage, in lieu of a single family dwelling, and elimination of the proposed sanitary system, thereby minimizing the design and scope of the proposal greatly. While the proposed garage maintains the same dimensional"footprint", as well as the same setbacks from both the landward edge of the wetlands and the front-yard property line, the proposed garage is now deemed an accessory structure located within a front yard which, pursuant to Article III, Section 100-33C(In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code. ) results in the proposed garage being located 35.0' from the front-yard property line, where 40.0' is required, a variance request of 5.0', or 12.5% of the overall setback requirement. As it stands, the originally approved proposal authorized for a private dwelling and attendant sanitary system fully exposed at thirty-five feet(35.0') from the front-yard property line, including direct vehicular access onto Bay Shore Road. Currently, the modified proposal is for simply a detached garage, including vehicular access directly from the driveway servicing the existing dwelling to the east. Relocation of the proposed garage further from the front-yard property line will result in additional encroachment to the wetlands, downsizing of both the"No Mow Zone" and "Non-Disturbance Buffer' located between the proposed garage and the landward edge of the wetlands. Therefore, the applicant cannot achieve full conformity by any other practical methods, than by requesting an area variance. (3) The amount of relief requested is not substantial because: In this circumstance, the restrictive and irregularly shaped building envelope, due to the close proximity of the wetlands, limits the design and location of the project, specifically in the practical location of accessory structures, resulting in a proposed front-yard setback of thirty-five feet(35.0'), where forty feet(40.0') is required, a variance request of only 12.5% of the overall setback requirement, hence an insubstantial relief request. • . (4) The variance will NOT have an adverse effect or impact on the physical or f environmental conditions in the neighborhood or district because: Again, the applicant simply proposes to construct an 864.0 square foot detached accessory garage consistent with the existing amenities found within neighboring properties. Furthermore, the proposed garage will be heavily screened by dense vegetation from the north and west by dense woods and a non-disturbance buffer, and from the south by heavy vegetation along Bay Shore Road. Exposure of the proposed garage will be from the east only, facing the existing private single family dwelling which will be utilizing said structure. Therefore, there will be no adverse effects or impacts to the surrounding neighborhood. (5) Has the alleged difficulty been self-created? ( ) Yes, or(X) No. Again, as stated above, the restrictive and irregularly shaped building envelope, due to the close proximity of the wetlands, limits the design and scope of the project, specifically in the practical location of accessory structures. In addition, as stated above, the originally approved proposal authorized for a private dwelling and attendant sanitary system located 35.0' from the front-yard property line, and 54.5' from the landward edge of the wetlands, fully approved and conforming. The modified proposal is considerably downsized in use, however due to the merger of both lots, the garage now becomes an accessory structure located within the front yard, and hence, non-conforming with respect to front-yard setback requirements. Relocation of the garage to comply with the zoning requirements would prove to be extremely impractical considering the comparison between the originally approved project and the modified proposal. The request for a variance has not been self-created. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. (--- , I TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET /0 (15 VILLAGE DIST. SUB. LOTS •-• , • 1 R6 BE fr E. / LL y *14-E Bi.)v slioet.: Fl, 44i , ., .1 i c . (t/..„. i,i, : , / 6 ( ) e.,e_ 6-.2 . i :',7„ t\-:" -- / FORMER OWNER N Ei f L,‘ A".....1:. ..1......03:9q TIM Koei zliv 1 eiX 7 IAJF 1.) 0 6?c,\,-(_'- -- S W TYPE OF BUILDING - ,..._ RES. (21a ; SEAS. VL. FARM COMM. CB. MICS. Mkt. Value , it .AND IMP. TOTAL DATE , REMARKS 7/3-ihd _kis-- /3/i K.,A a 0, C_a/4/m /c / S66 36 6 V l/2--(73/‘? s 4 1 e 9.A ,/7 i 4, 0,, 0 v 0 , /9,..,(-„>,,,i-,,, ,, ro i :-- :-, r-, '7--? '.--_ • .„4" .• '..- . ? ‘ t • ' 4 6 il 7 e /L/ 0 0 ," 4, o 4.-9 a 0 / 3,/2 / 9' /6//9/96 SALE #67;s'a 0 7S, Koe3 L Lrnizne +wi 7.0 P,i/oLi_iy" 57,0O --- , iz107P( 9/1L4 ig5t `0,1), ( 13 '7( z , /7. ../ c (: ) :-. (,--',-z., ' ji,/,,, ic-z,J) 1,- //a) l)3±±E3')"°02 / Fitt‘ • pQ,,, ,„,,„,. ..,L, b,,,,, 1 1 , p„_-_, - , ! 2/22 lq(e, -31115-0-c: BP.1"' a 6 a-i cotlE.1--. s 1 is5ie 5 ,0,-, /-144, 0,-, t) ,bt,,cilio /°/31--;',2 " :L5i) .3 730 - :o Of 7-'44 f I CIC..5(11 i'..'1 t. c Z peke, (4. cc ) it 6\,/i i4 CT, - - AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE ( ed ,,,,c6t,,i -43t cva• FARM Acre Value Per Value .....„ , .4. I , . ) Acre 31..);...) ''''• ' 'ea, ' -'-'“„-, ' Tillable FRONTAGE ON WATER . = - )/ , 3 '- Woodland FRONTAGE ON ROAD 53 6 • '-.... :.- difr 7 J -' Meadowland DEPTH / 7, ,_.)., '-'-', -,,.----.. ..,76., -- - / - House Plot 1 . BULKHEAD #.--- -9--44--- Totek..."(.7. I . .......• .......• ......, •....," DOCK . , i ,her sE `7+ _ irk Llit� -Q I - ' i r . „% _ . . _ _ , ,,,,,_ 34 "ate ,e j, w t , 1 :: 1 a2 Foundation P Bath Dinette M. Bldg :'4 V ?0., 672._ I82 §� 325` 59�If Ce �2 FULL Extension 22 .,,e ,yto Basement :n1. Extension Floors �4Uj Kit Extension Ext. Walls vvrNytC1A[, Interior Finish L R. Extension Fire Place 1 Heat " , D R Cr, Patio Woodstove BR , Porch Dormer Fin B Deck ! x;;'' = ,-, ,7a Attic -- Breezeway Rooms 1st Floor Driveway Rooms 2nd Floor Garage Ac SE4`.�i / on O B. d � ` A i a- X2 Pool �� TOWN OF SOUTHOLD PROPERTY RECORD CARD /I_ ,../ ----,.2 I. I /,........, 1 OWNER STREET , )2"(cTi VILLAGE DIST.1 SUB. I LOT ) <o_be et_E by190e-a. Holk e /3/,,_ \ /-; , ,- ,, /r',1 ,J i, 1 . , FORMER OWNER ,----) N E i ACR. /E--- k ,-__ s W TYPE OF BUILDING RES ; SEAS VL. FARM COMM CB MICS Mkt. Value _ :3 1 _ LAND IMP. TOTAL DATE REMARKS / . _ (.; :-_ - /,, , (--"= -'.- -) / ///------L2'-- - ' z_Vi)_4/7/ -,c- / ---d:i ,4.< ' ' • 1,- Pe-J / .42 J( c ic .),,) 1-; '': 3 /2. .:., - \---- 2--C 1-3_.: ".,---1 el ?:Zi'i, L k(2)1414- -, (72 IIL, y--,-,r!,,,,,- rm L-.---N y i„. r , \ 1 -1 107— L. Ilijti 3 -7 -; 6--,-- (4::),),_,A-÷(: C. I 17.—' .40 1 — L 1-ziii,of -c-,(0 ,,,,o_e. -1,, ' '1401 ley 1 k AGE BUILDING CONDITION ! . NEW NORMAL BELOW ABOVE FARM Acre Value Per Value , • Acre ',,,sti,, /I 1 6- Tillable • FRONTAGE ON WATER - ry {A,35f--/ t 'Lti—,.7 . ' = Woodland FRONTAGE ON ROAD ,.,. ,7-, ,:„ . , i • • • Meadowland 1 DEPTH :-:. 7 niC2,1) . House Plot BULKHEAD Total DOCK _- , • 11,401. 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Mare, SCALE 1'=20' r // /a. / r J _ � -- w �� 4�awM FEBRUARY t, 1997 �9- / / ______ ` ....I 30.2001 ADDED NO TURF ZONE • yy'�} r / / r / p /' --r.‘---,-;=.-..-„,_,_ , — __ -� ew JANUATY 24.2002 REVISED ATE PLAN __ � �' FEBRUARY 10.2002 ADDED LOT 14 a 15 T,1• r // r / ® M ware — OC�if 2002 REVISED PROPOSED GARAGE LOCATION •*". r r/ / ti �'r`'ejtL r aw..'r,^,�,1 5.2002 REVISED PROPOSED WAGE LOCATION •f / / o ,M. • 23.2002 REVISED PROPOSED GARAGE LOCATION -. i:".44. /r & / V 1 x r / a / A 0, I # \ V 115 j A r r r r 1./' r r // .� t% // d1 j \ .may `. alk Irl _ s► L �� 1 • r r M / I 7 r r / //� / i a ` I Co- CERTIFIED TO: r` r ///I // ® / / j COQ ROBERT E VOLLEY ® / Y / / J _ l J ?0 COCOMNONNNMARA E LTN ND TITIN INSURANCE COMPANY r ! / I ‘. • dr AIL i l IF ( '' N , :. . F • \ TEST HOLE DATA I r r 1 I • / 1\�` ` V.I.;ASO,. i .. lit i t _• / / DEA Nat IAM T'L�NG_CE0 ON JNAPAY M.107) A 1.1`` �/ I 1 4 3 l4, I\I? r /1 / i t y `/ �/ / / 0• ti O— y\ / / ` \ ; /� if 1 1 \" =i'llitl3l�...M \ 11� �O� /� ' / \"s. IF \\ I L \ 111000' I' !_ G• � ' N // �+�' , v -'E vI �,e) 1Jis" le o` `5.11' - - - 7g5A W — •— -..:'.. % // =ZVI 0 .0.1111180 I. COMB VI MO MAY IR ler um. • f _'As - a- / _ / �K I. sw1w=VO*101111 NMI arras OTES: V 1.ELEVATIONS ARE REFERENCED TO N.O.V.D. 1929 DATUM • - El R p A� _ _ _ " Nf'M�ii IT= II rRINq MD a Ii waif A>R EXISTING SPOT El.►YA110N5 ARE SHOWN TURFS:>a - A Yw ......aa4....a....a.ate ammo CONTOURS ARE SIAM THUS: ———t———-- PROPOSED \ _ N p R — 113414.M n a' CTNN 17aWraaw w=t. PROPOSED SPOT ELEVATIONS ARE SHOWN TNUW® AV 11 ii _ 2.FLOOD ZONE INFORMIITFON TAKEN FROM: 13 1 61000 INSURANCE RATE MAP No. 3610300159 0 IP,IBL-1C pc`tFR M 5 �°m«sserwr ZONE le BASE FLOOD ELEVATIONS DETERMINED "A aeF few Ni wF MNA INA ZOIC X•: AREAS OF 500-YEAR FLOOD:AREAS OF 100-YEAR ROOD MITI AVERAGE DEM OF LESS TNN 1 FOOT OR MIDI DRARUGE AREAS LESS THIN 1 SQUARE ILLE:AND AREAS PROTECTED BY LEVEES FROM 1011-YEAR HOOD. 1i=oeisa[.� waa /� �. S.i.C•TAX LAT Ns. 1000-53-03-13 WAS DRAWN FROM PREVIOUS SURVEY Rahe.IPM-` ' 4+a's A. BY ROOERICX VAN 7U11 LAST DATED JANUARY 17. MIL Ingegno i I \ ct, L Land Surveyor , f j44 1S grew( *' gr -9114119114110.• • Nr wr- PM.- wAran owe 1 �` LAR FI (0)12)-0140 Fig(013!27-1727 1 • \'i GLAD % MON M MILD/1 MIS MMIIOR' - ' RYA 1U.NA aMMMI IMO OMR Wit PA AN OM ANaMeq N=MM TIMI e.alga N=VIM ttMniw40 21-4'71D. 6 ��� COUNTY OF SUFFOLK RECEIVED C y t�_ , " MAR 2 8 2003 i 10 ZONING BOARD OF APPEALS ROBERT J GAFFNEY SUFFOLK COUNT(EXECUTIVE THOMAS ISLES, AICP DEPARTMENT OF PLANNING DIRECTOR OF PLANNING March 24, 2003 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Scavone, Frank 5212 Cassara, Ronald 5215 Benic, V and P 5220 Holley, Robert and Barbara 5222 Buckel, Charles and Maureen 5227 Ross,Nancy R. 5231 Pearce, Carol A. 5235 Jaeger, Patricia(J. Perlemuth) 5252 Jones, Rita M. 5253 Santacroce Jr.., Henry F. 5261 Kirmish, John and Laurel 5263 Very truly yours, Thomas Isles Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc G:\CCHORNY\ZONING\ZONING\WORKING\LD2003\MAR\IS5212 MAR LOCATION MAILING ADDRESS H LEE DENNISON BLDG -4T1-I FLOOR ■ P 0 BOX 6 100 ■ (5 16) 853-5 190 I00 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER(5 I 6) 853-4044 March 18, 2003 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5222 — Robert and Barbara Holley Action Requested: Construct accessory garage in front yard location Within 500 feet of: ( ) State or County Road ( X ) Waterway (Bay, Sound or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Lydia A. Tortora, Chairwoman By: Enclosures APPEALS BOARD MEMBERS '� UFOL4' 0‘,\O' 1�i,� Opy; Southold Town Hall Lydia A. Tortora, Chairwoman z 53095 Main Road Gerard P. Goehringer ; H Z P.O. Box 1179 George Horning ;O •F�� Southold,New York 11971-0959 , o��� ZBA Fax (631)765-9064 Ruth D. Oliva 4 �►a,�i' Telephone(631) 765-1809 Vincent Orlando _ * ,. P •�`"' '��� http.//southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD March 10, 2003 Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton NY 11932-2003 Re: Appl. No. 5222 — Holley Variance Determination Dear Sir or Madam: Enclosed please find a copy of the Board's determination regarding the above-reference application. Please be sure to follow-up with the Building Department for the next step in the zoning review/application process. Before commencing construction activities, a building permit and possibly other agency approvals may also necessary. An extra copy of the enclosed determination should be made available to the Building Department at the time of submitting your maps and any other required documentation to assist their office in the next step. Please feel free to call if you have questions. Thank you. Very truly yours, Linda Kowalski Secretary Enclosure Copy of Decision to: Building Department Suffolk Environmental Consulting, Inc. Newman Village, Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5198 Bruce Anderson, M.S., President PIAN 2 1 January 17, 2003 Town of Southold Zoning Board of Appeals 53095 Main Road; P.O. Box 1179 Southold,NY 11971 Attn: Lydia Totora, Chairwoman Ruth Oliva Jerry Goehringer George Horning Vincent Orlando Re: Holley Property Situate: 1085 Bayshore Road, Southold,NY SCTM#: 1000-053-03-013.13 Dear Board Members, I represent Robert and Barbara Holley the owners of the property referenced above that was the subject of a Zoning Hearing that took place yesterday, January 16, 2003. Mr. and Mrs. Holley requested a zoning variance of 5feet into the required front yard in order to construct a detached garage. I was not in attendance at the Hearing and apologize to the utmost for my absence. I had mistakenly assumed that the Hearing would take place at night which had been the case in every Zoning Hearing I have ever attended in the Town of Southold. The purpose of this correspondence is to clarify the facts and circumstances surrounding our request for zoning relief. Understanding the history of this property is critical. Please be aware that the overall property owned by the Holley's is the result of a merger of two separate non-conforming properties. The western half acre was owned by Charles Groppe, who I represented for a period of approximately ten years. During the course of that representation I secured all environmental permits to construct a single family dwelling with attendant decks and septic systems in a conforming location with • respect to zoning. During the same period, I had also represented Mr. and Mrs. Holley, who owned the eastern half acre parcel, in connection with minor property improvements all in conformance with zoning. Both Mr. Groppe and Mr. and Mrs. Holley are people of exceptional character. Eventually, Mr. and Mrs. Holley and Mr. Groppe came to terms on the purchase of the Groppe parcel. Upon the purchase of the Groppe parcel by Mr. and Mrs. Holley, the proposed dwelling and attendant septic system was withdrawn and a detached garage was proposed. During the Trustee's regulatory process, we were requested to relocate the proposed garage,then sited at 40 feet from the road(a conforming location) to 35 feet from the road(a non-conforming location), so as to maximize wetland setbacks and natural buffers. We also were requested by the Trustees and agreed to install the appropriate runoff controls by way of gutters and leaders that empty off into drywells. The merger of the two properties previously held in single and separate ownership was made necessary to avoid the a zoning variance otherwise made necessary as the zoning law prohibits the construction of accessory residential structures were no principal structure exists on the same property. In the course of the regulatory process undertaken made by me on behalf of Mr. and Mrs. Holley to the present time, it has been my counsel that our objective was to extinguish the rights to build a single family dwelling with attendant septic system on a non-conforming lot burdened by wetlands, merge two non-conforming lots into one, and to substitute a detached garage, is entirely consistent with the Town's approach and wishes in addressing development of non-conforming lots particularly when they are burdened by wetlands. The regulatory process of the Trustees and New York State Department of Environmental Conservation proceeded smoothly on that basis. I trust that the minimal variance requested in this application will be granted for the reasons set forth above. However, should you have any further questions or concerns regarding this application please re-open the Hearing and I will be glad to address any such issues. Thank you for your understanding and courtesy extended to me and Mr. and Mrs. Holley. Sincer , Bruce A. Anderson cc: R. Holley RC, ...LE`( • QUESTIONNAIRE FOR FILING WITH YOUR Z .B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) A N/A B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? ( ) Yes •• ( ) No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes Pc} No D. 1. Are there any areas which contain wetland grasses? Yes. 2. Are the wetland areas shown on the map snhmitted with this application? Yes 3 . Is the property bulkhe ded between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town. Trustees for its determination of jurisdiction? Yes. Approval granted on May 23, 2002. E. Is there a depression or sloping elevation near the area of proposed constructionAat or below five feet above mean sea level? (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? None If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? Yes. If yes, please explain where or submit copies • of deeds. Owner origially owned the adjacent property to the east, and upon purchasing of subject property, merged. I. Please list present use or operations conducted at this parcel Overall. private single family dwelling and proposed use Same, with detached garage • A 0: •rized gnature and Date 3/87, 10/901k . 1) Situs: 1030 BAY SHORE R..4)REENPORT NY 11944-2704 R001 ,lk APN: 1000-053-00-04-00-035-003 Rec/Sale Dt: Total Value: $7,000 County: SUFFOLK,NY Sale Price: Land Value. $800 Use: SFR Doc#: 6-256 Impry Value: $6,200 Card#: Map Pg: 53 1st Mtg$. Prop Tax $4,298.56 Munic: SOUTHOLD TOWN State Use: 210 Lot Area: 14,375 Township: Cnty Use: Zoning: Owners: WEBER HAROLD H Census: 1702.02 Phone: 631/477-0319 Mail: 1030 BAY SHORE RD; GREENPORT NY 11944-2704 R001 2) Situs: 1120 BAY SHORE RD,GREENPORT NY 11944-2704 R001 APN: 1000-053-00-04-00-048-000 Rec/Sale Dt: Total Value: $100 County: SUFFOLK, NY Sale Price: Land Value: $100 Use: PARK Doc#: Impry Value: Card#: Map Pg: 53 1st Mtg$: Prop Tax Munic: SOUTHOLD TOWN State Use: 963 Lot Area: 7,841 Township: Cnty Use: Zoning: Owners: TOWN OF SOUTHOLD Census: 1702.02 Phone: Mail: 53095 ROUTE 25; SOUTHOLD NY 11971-4642 R004 3) Situs: 905 BAY SHORE RD,GREENPORT NY 11944-2721 R001 APN. 1000-053-00-03-00-011-000 Rec/Sale Dt: 09/15/1983 Total Value: $1,000 County: SUFFOLK, NY Sale Price. $24,000 Land Value: $1,000 Use: RESIDENTIAL LOT Doc#: 9425-346 Impry Value: Card#: Map Pg: 53 1st Mtg$: Prop Tax $780.88 Munic: SOUTHOLD TOWN State Use: 311 Lot Area: 16,988 Township: Cnty Use: Zoning: Owners: DECESARE ANTHONY Census: 1702.02 Phone. 614/888-4018 Mail: 905 BAY SHORE RD; GREENPORT NY 11944-2721 R001 4) Situs: 985 BAY SHORE RD, GREENPORT NY 11944-2721 R001 APN: 1000-053-00-03-00-012-000 Rec/Sale Dt: 12/28/2001 11/27/2001 Total Value. $900 County: SUFFOLK, NY Sale Price. $150,000 Land Value: $900 Use: RESIDENTIAL LOT Doc#. 12160-548 Impry Value: Card#: Map Pg: 53 1st Mtg$: Prop Tax $702.78 Munic: SOUTHOLD TOWN State Use: 311 Lot Area: 19,602 Township: Cnty Use: Zoning: Owners: HOLLEY ROBERT E&BARBARA Census: 1702.02 Phone: Mail: 1085 BAY SHORE RD; GREENPORT NY 11944-2721 R001 01996 Win2Data 2000 Page: 1 of 1 Albert J. Krupski, President ��"""--. Town Hall James King,Vice-President �� SVFF„(�- 53095 Route 25 /�� Artie Foster 1iC1�`O 4 . P.O.Box 1179 Ken Poliwoda ; Southold,New York 11971-0959 O Peggy A. Dickerson H = ; Telephone(631) 765-1892 �'� Fax(631) 765-1366 - lam BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 25, 2002 Mr. Matt D. !vans Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932-2003 RE: 1085 Bayshore Rd., Greenport SCTM#53-3-12 Dear Mr. !vans: The following action was taken at the Southold Town Board of Trustees regular meeting held on Wednesday, April 24, 2002: RESOLVED, that the Southold Town Board of Trustees APPROVE the request for a Transfer of Permit #5238 from Ellen A. Groppe to Robert E. & Barbara C. Holley. If you have any questions, please contact our office at (631) 765-1892. Sincerely, Ze9. /a- -.'1 ”s 1(21- ,* Albert J. Kru6ski, Jr. President, Board of Trustees AJK:Ims • �! `� ,..-, __ii tr �-.,,Y , _ ,..�.c1 .. !'r` /, `. • ,�• yM yam. lr�'' .. LI- :7iJ. : •111 ,..:.nRicr-i :;. ,, ei� T. �T��1C, ;, 0-' • 1 • r•.�.• 'I , 1 Trustees �`` ,, �� Board Of Southold • Town , ' . - S;', SOUTHOLD, NEW YORK 4:•= • Ft 3� DATE: October 30, 2000 I PERMIT NO. "-' ELLEN A. GROPPE =` . it ISSUED TO J tt>pYi f utlin rtza _ ,... ,, 4 Pursuant to the provisions of Chapter 615 of the Laws of � '',' w the State of New York, 1893; and Chapter 404 of the Laws of the 1: - 1 f A State oof New York 1952; and the Southold Town Ordinance en- = titled ."REGULATING AND THE PLACING OF OBSTRUCTIONS �, . r IN AND ON TOWN WATERS AND PUBLIC LANDS and the � REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM fl s `. 1 LANDS UNDER TOWN WATERS;•.: and in accordance with the �i �- ' a t Oct. 25 £ - / 1 � G 0 Resolution of The Board adopted at a meeting heldlon -- ,,,. �r +, 150.00 6 -, P 1000' and in consideration of the sum of $.......-....•••--•-•• paidy . 1P :G .. Suffolk Environmental Consulting, Inc, for Ellen A. Groppe -. +�1 r > i I . of Bridgehampton N. Y. and subject to the • •"? Terms and Conditions listed on the reverse side hereof, ` f ` ,,: S of Southold Town Trustees authorizes and permits the following: \..c Wetland Permit to construct a single-family dwelling, driveway, and septic system. �'. The 14'X36' proposed dwelling Is to be built on plies and located 47'•I- from the (; wetlands with a 40' hon-disturbance buffer adjacent to the tidal wetland line. all �.:. } with the condition that there be no turf and no fill placed on the north or on the � . I ' t 1 west side of the house or on the west side of the proposed driveway, and no till ;t or turf on the east aide o[ the house. The only [111 that will be brought In will be 't �' . for the septic system on the south side of the house. Native species should be in -r) i planted after construction and that there be a staked row of hay bales at the 40' ,•-\\ L 71 � •.'� non-disturbance buffer line during construction. `,, _ - tees e- -`` _ IN WITNESS WHEREOF,b affixed,said oard of e d these�srto ~'�' `' .' bycauses its Corporate Seal to presents .,/,-. '• zona ' bsubscribed by a majority of the said Board as of this date. .; __ ' ) 1 ,.„... , , rt t„.. 4,,.. ......,,,,,,,,,,,..„ ,,, , , ,, .., ..„,, ,,,,..., ,' v ,-,- ,- „ , . ,, ,, _, _ ti' r :i, (, t� „,"..c.../e/(ABSENT)iABSENT) ''. Trustees _ tt�e•..' r j •r �rY, >, ' 't>y�a rrry 5,� i ,? oy /► t ��i �y��. r " `III (r'r� $ Vii, J'._ ,'S.Jc', l- "y!r� •3;.%`.'i` ��- h,- -L� -•!�:.� { Albert J. Krupski, President �.�"""--__ Town Hall � SVFFO,/f' :: � 53095 Route 25 James King,Vice-President Q C Artie Foster �� �� 0 P.O.Box 1179 'y Ken Poliwoda Southold'New York 11971-0959 C ; Peggy A. Dickerson y Z ; Telephone(631) 765-1892 O Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 23. 2002 Mr. Matt D. Ivans Suffolk Environmental Inc. PO Box 2003 Bridgehampton,NY 11932 RE: SCTM#53-03-12 985 Bayshore Road Greenport,NY Robert E. &Barbara Holley Dear Mr. Ivans: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, May 22, 2002. RESOLVED, that the Southold Town Board of Trustees Approve an Amendment to Permit #5238 to construct a detached garage 24'x36' in the exact same location and eliminate the proposal for a septic system. If you have any questions, please call our office at 765-1892. 4in cer . iGts,�. l L� =L iy)I Albert J. Krupski, Jr. President, Board of Trustees AJK:cjc cc: Building Department NEW YORK E DEPARTMENT OF ENVIRONMENTAL CON, /ATION DEC PERMIT NUMBER EFFECTIVE DATE 1-4738-01006/00003 July 30,2002 FACILITY/PROGRAM NUMBER(S) PERMIT EXPIRATION DATE(S) Under the Environmental July 30, 2007 Conservation Law TYPE OF PERMIT• New 0 Renewal 0 Modification 0 Permit to Construct 0 Permit to Operate ❑ Article 15,Title 5: Protection of Waters 0 Article 17,Titles 7, 8:SPDES 0 Article 27,Title 9; 6NYCRR 373: Hazardous Waste Management ❑ Article 15,Title 15:Water Supply 0 Article 19:Air Pollution Control 0 Article 34.Coastal Erosion ❑ Article 15,Title 15:Water Transport 0 Article 23,Title 27 Mined Land Management Reclamation ❑ Article 15,Title 15. Long Island Wells 0 Article 36: Floodplain Management 0 Article 24. Freshwater Wetlands ❑.Article 15,Title 27: Wild, Scenic and 0 Articles 1, 3, 17, 19, 27, 37;6NYCRR Recreational Rivers ■ Article 25.Tidal Wetlands 380: Radiation Control ❑6NYCRR 608*Water Quality Certification 0 Article 27,Title 7; 6NYCRR 360: Solid Waste Management PERMIT ISSUED TO TELEPHONE NUMBER Robert and Barbara Holley (631) 477-2861 ADDRESS OF PERMITTEE 1085 Bayshore Road, Greenport, NY 11944 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER Suffolk Environmental Consulting Inc., P.O. Box 2003, Bridgehampton, NY (631) 537-5160_ NAME AND ADDRESS OF PROJECT/FACILITY Holley property, 1085 Bayshore Road, Greenport COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk Southold Pipes Creek DESCRIPTION OF AUTHORIZED ACTIVITY: Construct garage and pervious driveway in lieu of dwelling, driveway and sanitary system approved under permit#1-4738-00594/00002. Remove existing shed. All work must be done in accordance with the attached plans stamped NYSDEC approved. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2 &3) and any Special Conditions included as part of this permit. PERMIT A ' INISTRATOR: ADDRE S Region 1 eadquarters John A. !eland (US) Bldg. #40 SUNY, Stony Brook, NY 11790-2356 A i •RIZED SIGNATUR- DATE /1 C / 441w Page 1 of 4 July 30, 2002 • NEW YC-'"-TATE DEPARTMENT OF ENVIRONMENTAL CONSERV,"-'-"1 NOT TION OF OTHER PERMITTEE OBLIGATI( Item A: Permittee AccEpts Legal Responsibility and Agrees to Indemnification The permittee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives,employees, and agents("DEC")for all claims,suits,actions,and damages,to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with,or operation and maintenance of,the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department)to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3) The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System(SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, Region 1, SUNY Bldg#40, Stony Brook NY 11790-2356 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions,relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions,orders of the commissioner,any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMIT NUMBER 1-4738-01006/00003 PAGE 2 OF 4 NEW yr0v STATE DEPARTMENT OF ENVIRONMENTAL CONSER\'^T'^N ADDITIONAL GENERAL COND NS FOR ARTICLES 15 (TITLE 5), 24, 2 AND 6NYCRR PART 608 ( TIDAL WETLANDS) 1. If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State,the owner may be ordered by the Department to remove or alter the structural work,obstructions,or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed,the owners, shall,without expense to the State,and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 2. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 3. Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permission, consent or approval from the U.S Army Corps of Engineers, U.S Coast Guard, New York State Office of General Services or local government which may be required. 4. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 5. Any material dredged in the conduct of the work herein permitted shall be removed evenly,without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. 7. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall,without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration 8. If granted under 6NYCRR Part 608,the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 9. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 10. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application Such approved plans were prepared by Suffolk Environmental Consulting Inc. dated 7/1/02. DEC PERMIT NUMBER PAGE 3 OF 4 1-4738-01006/00003 • NEW Y•TATE DEPARTMENT OF ENVIRONMENTAL CONSER\ON SPECIAL CONDITIONS 1. Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands and or protected buffer areas. 2. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activity. 3. The storage of construction equipment and materials shall be confined to within the project work site and or upland areas greater than 75 linear feet from the tidal wetland boundary. 4. Necessary erosion control measures i.e., haybales, silt fencing, etc. are to be placed on the downslope edge of any disturbed area. This sediment barrier is to be put in place before any disturbance of the ground occurs and is to be maintained in good condition until thick vegetative cover is established. 5. Roof runoff shall be directed to drywells a minimum of 50 feet landward of the tidal wetland boundary for immediate on-site recharge. 6. Driveways and parking areas shall be constructed of pervious material. DEC PERMIT NUMBER PAGE 4 of 4 1-4738-01006/00003 r 1° ��S�FF014, 64.9 ELIZABETH A. NEVILLE ���= 4 Town Hall, 53095 Main Road TOWN CLERK o - P.O. Box 1179 ce) REGISTRAR OF VITAL STATISTICS `� MARRIAGE OFFICER '',i Southold, New York 11971 t Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER = �Ql a0i� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER _ ��� southoldtown.northfork.net .....iii OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: September 18, 2002 SEP 18 ' RE: Zoning Appeal No. 5222 Transmitted herewith is Zoning Appeals No. 5222—Robert Holley-Zoning Board of Appeals application for variance. Also included is a notice of disapproval,building permit application, letter from Matt Ivans, ZBA questionnaire, letter of authorization, short environmental assessment form, copy of deed, Trustees permit, two letters from Trustees, NYSDEC permit, survey, and set of plans. Iher Office Use Only: Fee$ Assigned No. . )WN OF SOUTHOLD,NEW YORK APPEAL FROM DECISION C. __ LDING INSPECTOR DATE OF BUILDING INSPECTOR'S DECISION APPEALED: ...Au/past-28,-20,02 Bruce A. Anderson — TO THE ZONING BOARD OF APPEALS: I(We).S.v.f.ta.,k..ifnmiJ Qnvle,�tta.1..ConsuLxi.ng, Inc. (Appellant) of PO Box 2003; Bridgehampton,, NY 11932 (Tel# (631) 537 - 5160) HERE APPEAL THE DECISION OF THE BUILDING INSPECTOR DATED Augyst,2,$,,,2002 WH EBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED NSA FOR: ( Permit to Build ( ) Permit for Occupancy ( ) Permit to Use ( ) Permit for As-Built ( ) Other. 1. Location of Property 1085 BaX Shore Road; Greenport. NY Zone District 1000 Section 053 Block 03Lot(s) 013.1 Current Owner.. 119.1.1.9.Y 2. Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection and paragraph of Zoning Ordnance by numbers. Do not quote the Article III Section 100- 33 Sub-Section c 3. Jype of Appeal. Appeal is made herewith for: (V)A Variance to the Zoning Ordinance or Zoning Map ( )A Variance due to lack of access as required by New York Town Law Chap.62,Cons.Laws Art. 16,Section 280-A. ( )Interpretation of Article Section 100- ( )Reversal or Other: 4. Previous Appeal. A previous appeal (has) as not been made with respect to this property or with respect to this decision of the Bul ng I. pector(Appeal# Year ) REASONS FOR APPEAL(Additional sheets may be used with applicant's sianature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced In the CHARACTER of the neighborhood or a detriment to nearby properties,if granted,because: PLEASE REFER TO THE ATTACHED ADDENDUM (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes,or ( )No. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. ( )Check this box if USE VARIANCE STANie" are co pie nd attached. Swornd. to before me this I�nature of g ppellant or Authorized Agent) M of. 20 , (Agent must submit Authorization from Owner) Notary Public Z9A App 08/00 Matthew 0.Ivan Notary Public of New York No.011V6053859 Qualified In Suffolk County Commission Expires January 22,2003 r Y ADDENDUM to the SOUTHOLD ZONING BOARD of APPEALS Application for the HOLLEY Property Situate: 1085 Bay Shore Road; Greenport; Town of Southold, NY SCTM#: 1000-053-03-013.1 REASONS FOR APPEAL AREA VARIANCE REASONS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted because: The applicant simply proposes to construct an 864.0 square foot detached accessory garage consistent with the existing amenities found within neighboring properties. Furthermore, the proposed garage will be heavily screened by dense vegetation from the north and west by dense woods and a non-disturbance buffer, and from the south by heavy vegetation along Bay Shore Road. Exposure of the proposed garage will be from the east only, facing the existing private single family dwelling which will be utilizing said structure. Therefore, there will be no undesirable change to the surrounding neighborhood. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: Subject property originally benefited from both a Town of Southold Trustees Wetlands Permit and a New York State Department of Environmental Conservation Tidal Wetlands Permit for construction of a proposed private single family dwelling with related appurtenances, including sanitary system, resulting in an approved setback of 54.5' from the landward edge of the tidal wetlands, which comprise approximately 40.0% of the overall lot. • In addition, the proposed dwelling fully conformed with all zoning standards set forth within the Town of Southold Code, specifically the front-yard setback required for a principal structure. However, under the current ownership, the proposal was modified to allow for construction of a detached garage, in lieu of a single family dwelling, and elimination of the proposed sanitary system, thereby minimizing the design and scope of the proposal greatly. While the proposed garage maintains the same dimensional"footprint", as well as the same setbacks from both the landward edge of the wetlands and the front-yard property line, the proposed garage is now deemed an accessory structure located within a front yard which, pursuant to Article III, Section 100-33C(In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code. ) results in the proposed garage being located 35.0' from the front-yard property line, where 40.0' is required, a variance request of 5.0', or 12.5% of the overall setback requirement. As it stands, the originally approved proposal authorized for a private dwelling and attendant sanitary system fully exposed at thirty-five feet(35.0') from the front-yard property line, including direct vehicular access onto Bay Shore Road. Currently, the modified proposal is for simply a detached garage, including vehicular access directly from the driveway servicing the existing dwelling to the east. Relocation of the proposed garage further from the front-yard property line will result in additional encroachment to the wetlands, downsizing of both the"No Mow Zone" and "Non-Disturbance Buffer" located between the proposed garage and the landward edge of the wetlands. Therefore, the applicant cannot achieve full conformity by any other practical methods, than by requesting an area variance. (3) The amount of relief requested is not substantial because: In this circumstance, the restrictive and irregularly shaped building envelope, due to the close proximity of the wetlands, limits the design and location of the project, specifically in the practical location of accessory structures, resulting in a proposed front-yard setback of thirty-five feet(35.0'), where forty feet(40.0') is required, a variance request of only 12.5% of the overall setback requirement, hence an insubstantial relief request. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Again, the applicant simply proposes to construct an 864.0 square foot detached accessory garage consistent with the existing amenities found within neighboring properties. Furthermore, the proposed garage will be heavily screened by dense vegetation from the north and west by dense woods and a non-disturbance buffer, and from the south by heavy vegetation along Bay Shore Road. Exposure of the proposed garage will be from the east only, facing the existing private single family dwelling which will be utilizing said structure. Therefore, there will be no adverse effects or impacts to the surrounding neighborhood. (5) Has the alleged difficulty been self-created? ( ) Yes, or (X) No. Again, as stated above, the restrictive and irregularly shaped building envelope, due to the close proximity of the wetlands, limits the design and scope of the project, specifically in the practical location of accessory structures. In addition, as stated above, the originally approved proposal authorized for a private dwelling and attendant sanitary system located 35.0' from the front-yard property line, and 54.5' from the landward edge of the wetlands, fully approved and conforming. The modified proposal is considerably downsized in use, however due to the merger of both lots, the garage now becomes an accessory structure located within the front yard, and hence, non-conforming with respect to front-yard setback requirements. Relocation of the garage to comply with the zoning requirements would prove to be extremely impractical considering the comparison between the originally approved project and the modified proposal. The request for a variance has not been self-created. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. AP--c-e- 9/0 /oz 3:3o �2C? ,eo Suffolk Environmental Consulting, Inc. Newman Village, Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5198 Bruce Anderson, M.S , President HAND DELIVERED September 5, 2002 Mr. Gerard Goehringer, Chairman Zoning Board of Appeals Town Hall 53095 Main Road; P.O. Box 1179 Southold,NY 11971 Re: Holley property Situate: 1085 Bayshore Road; Greenport,NY SCTM#: 1000-053-03-013.1 Dear Mr. Goehringer, This Firm represents Mr. and Mrs. Holley, owners of the above referenced property,who are seeking all required regulatory approvals to construct a detached garage thereon. Mr. and Mrs. Holley have owned the adjacent property to the east,whereupon they purchased subject lot from Mr. and Mrs. Groppe,who were in receipt of all regulatory approvals over said lot for construction of a pnvate single family dwelling and related appurtenances, and subsequently merged both lots together. Furthermore, in lieu of constructing the approved single family dwelling, Mr. and Mrs. Holley have instead proposed to construct a detached accessory garage thereon. However,the proposed structure will not meet the front-yard setback requirements as set forth by the Code of the Town of Southold. Consequently, a Letter of Disapproval was requested and received from the Building Department, dated August 28, 2002, concerning the proposed structure being located 35.0' from the front lot line,where 40.0' is required pursuant to Article III Section 100-33C. Therefore, a variance approval is requested from your Department. Please find enclosed herewith: (1) Copy of the Notice of Disapproval concerning said proposal,dated August 28, 2002 (eight [8] copies); (2) Town of Southold Zoning Board of Appeals Variance application w/attached addendum(original and seven [7] copies); (3) Town of Southold Zoning Board of Appeals Questionaire (original and seven [7] copies); (4) Owner's Endorsement(original and seven [7] copies); (5) Short Environmental Assessment Form(original and seven [7] copies); (6) Deed of subject property; (7) Copy of the ongmal Town of Southold Trustees Permit (No. 5238), dated October 30, 2000, issued to Ellen A. Groppe; (8) Copy of the original Town of Southold Resolution to approve the transfer of Permit No. 5238 from Ellen A. Groppe to Robert E &Barbara C. Holley, dated April 25, 2002; (9) Copy of the original Town of Southold Resolution to approve the amendment of Permit No 5238, dated May 23, 2002, (10) Copy of the original New York State Department of Environmental Conservation Tidal Wetlands Permit(No. 1-4738-01006/00003), dated July 30, 2002; (11) Plans for the proposed detached garage,prepared by Penny Lumber, dated March 27, 2002 (one [1] set), (12) Survey of subject property,prepared by Joseph A. Ingegno, L. S., indicating the proposed garage(eight [8] copies); and (13) Check made out to the Town of Southold in order to cover the requisite application fee. Kindly review the attached items and schedule this matter upon the next available Zoning Board of Appeals public hearing. Should you have any questions regarding this matter,please feel free to contact this office at any time Thank you in advance for your consideration and attention. Sincerely, /(71t. . Matt D. Ivans attachment cc: R. Holley • QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) N/A B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? ( } Yes • ( } No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? ( } Yes (x) No D. 1. Are there any areas which contain wetland grasses? Yes. 2. Are the wetland areas shown on the map submitted with this application? Yes 3. Is the property bulkheaded between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? Yes. Approval granted on May 23, 2002. E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? None If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy - of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? Yes. If yes, please explain where or submit copies - of deeds. Owner origially owned the adjacent property to the east, and upon purchasing of subject property, merged. I. Please list present use or operations conducted at this parcel Overall, private simile family dwelling and proposed use Same, with detached garage • ?, • •rized gnature and Date • 3/87, 10/901k OWNER'S ENDORSEMENT (TO BE SIGNED IF APPLICANT IS NOT OWNER) STATE OF NEW YORK) COUNTY OF SUFFOLK) SS. Robert and Barbara Holley ,being duly sworn, deposes and says, I reside at 1085 Bayshore Road; Greenport; Town of Southold, NY In the County of Suffolk and the state of New York, and I am the (owner in fee) (officer of the Corporation which is owner in fee) of the premises described in the foregoing application and that I have authorized Suffolk Environmental Consulting, Inc. to make the foregoing application as described herein. / 4 ' Signature Signature If Corporation,name of corporation and Officers Title Officer's Title Before me, this L 74 day of /1uG , 2002 / / Notary Public Matthew D. Ivan Votary Public of New Ibtll No. 01IV6053859 Qualified In Suffolk County_ Commission Expires January 22,20,95 1416-4(9/96)-Text 12 617.20 SEAR PROJECT I.D NUMBER Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1-PROJECT INFORMATION (To be completed by Applicant or Projecto N sponsor) 1. APPLICANT/SPONSOR AME Suffolk Environmental Consulting,Inc. HOLLEY 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections,prominent landmarks,etc.or provide map) 1085 Bayshore Road; Greenport;Town of Southold,NY 5. IS PROPOSED ACTION: ® New ❑ Expansion 0 Modification/alteration 6. DESCRIBE PROJECT BRIEFLY Applicant proposes to construct an 864 square foot detached garage and pervious driveway extension. 7. AMOUNT OF LAND EFFECTED: Initially <0.1 acres Ultimately <0.1 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑ Yes ® No If No, describe briefly Applicant will be required approval from the Town of Southold Zoning Board of Appeals. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ®Residential ['Industrial ['Commercial ❑Agriculture ❑Park/Forest/Open space Pother Describe: Private single family dwelling with related appurtenances. 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENT AGENCY(FEDERAL,STATE OR LOCAL)? ®Yes ❑No If yes,list agency(s)and permit/approvals Town of Southold Board of Trustees approval;Town of Southold Zoning Board of Appeals approval;Town of Southold Building Department approval 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes ® No If yes,list agency(s)and permit/approvals 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ® No I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanUsponsor name: D.Ivans—S .'olk Environmental Consultin l Inc. Date: 04/23/02 Signature: t.. /I 4=i1 If the action is in the CForm befored you are a state agncy,proceeding with this assessmente t'the Coastal Assessment OVER 1 PART II-ENVIRONMENTAL ASSESSMENT(To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.12? if yes,coordinate the review process and use the FULL EAF. ❑Yes ❑No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. 13 Yes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten,H legible) CI. Existing air quality,surface or groundwater quality,noise levels,existing traffic patterns,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: C2. Aesthetic,agricultural,archeological,historical or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitat,or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted,or change In use or Intensity of use of land or natural resources? Explain briefly: • C5. Growth,subsequent development,or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term,short term,cumulative,or other effects not Identified in Cl-05? Explain briefly: C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OP A CEA? ❑Yes ❑No D. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? 0 Yes 0 No If yes,explain briefly PART IN-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,probability gof important, or cherotherwise significant. Each effect should be assessed in connection with its(a)setting(I.e.urban or rural); (b)pr y occurring; ( ) ( ) Irreversibility; (e)geographic scope; and(f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed.If question D of Part II was checked yes,the determination and significance must evaluate the potential Impact of the proposed action on the environmental characteristics of the CEA. ❑ Check this box If you have Identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ❑ Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary,the reasons supporting this determination: '— Name of Lead Agency Print or Type Name of Responsible Officer Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different From responsible officer) 2 • r''' it' 11111111111111111 11111 11111 11111 11111 11111 11111 1111 1111 1111111111111111111D1111 . . • SUFFOLK COUNTY CLERK RECORDS OFFICE ' RECORDING PAGE ?;, Type of Instrument: DEEDS/DDD ' Number of Pages: 4 Recorded: 12/28/2001 4 = TRANSFER TAX NUMBER: 01-20247 At: 10:52:13 AM LIBER: D00012160 il PAGE: 548 District: Section: Block: !4.- 1000 053.00 Lot: 03.00 012.000 Deed Amount: EXAMINED AND CHARGED AS FOLLOWS $150,000.00 • Received the Following Fees For Above Instrument Exempt COE Page/Filing $12.00 NOS Handling Exempt . $5.00 NO 'i EA-STATE $5.00 NO �' EA-CTY $5.00 NO i' $25.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $15.00 NO x ScTM $0.00 NO Transfer tax 4 Comm.Pres $1,500.00 NO $600.00 NO 114', Fees Paid TRANSFER TAX NUMBER: 01-20247 $2,172.00 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County • 4TI . • R // F'Ei°PH(' ;:,' Number of pages 7 2001 Dec 22 1,.:`_: - ;ht 1'ORRENS Ed.3rd F.For•;ir.e g' o cLEFk: . ' t. Serial/ • S.:JFFOi.k I�JUII?. 's.. l U00n012j CeAlflala I F 54f.i' DTW ('i_20_4' 14 Deed/Mortgge Instrument Deed/Mortgage Tax Stamp Recording/Filing Slumps I FEES Page/Filing Fee t • Morlpge And. handling 5— a +;I;TP-514 r I.Basic Tax 2.AJJhImal Tax ‘:::',,... NWMIonSub Total*. G•32 17 Coad •� 7 ( y) � Sub Total .�`'- SpeelAull. " Or f BA•3217(Stale) � � , F' • Spec./Add.RP.T.S A i 1 .,,, 1 '; TOT.MTG.TAX Comm.of t d s�_ Duel Town Wal Cowl • I Ield for Apportlonmail/,,^,.y •'Affidavit x, Transfer Tax a' Cedllled Copy " 1 � p Mansion Tax m ' The property covered by this mlgage is or , . 'Copy /�• will be improved by■one or Iwo family i.'OIhK Sub Total y� dwelling only. —f YES or NO ORAHb TOTAL .7,;,,, __ If NO,see upproprlala lax clause on page u h of this instrument. t',..r::, .`''r Real Properly TaxSavlce.AgerscyVerlfcallan , 6 Cosismu illy Preservation Fund SaNlonDlLot Considerallon Amount S ISnr000.� 1000 053.00 03.00 012:000 > , ,, Cl 1= rex Duo : �,SOnaj ro �y� Improved 4'inti Vacant Land .- ,3;i}I Sall,factions/Discharges/Releases Llsl Propesy Owners Melling Address D •J nEcoRB&RETURN To: 1'D / tt '. Jennifer B. Gould, Esq. it P.O. Box 177 ID ` Greenport, New York 11944 0 , A, g r T111e uutpnny IBfutmnlI. _ Co. Name Commonwealth Land Title .'>, Title N RH800014198Q. 'I . Suffolk County Recording & Endorsement Page 'i'' This page forme prat of the Winched deed ..-.1:;-4. wide by: (SPECIFY TYPE OF INSIRUMENF) ki''ELLEN GROPPE 1 Ilre premises herein is sliunled hi SUFFOLK COUNTY,NEW YORK. g • TO In Ilse Township of Southold ROBERT E. HOLUEY and BARBARA HOLLEY, Ittthe VILLAGE •• k•• husband and wife or!IAMLETof Greenport i • 4.BOXI!S 5 1111W 9 MUST'BE TYPED OR I'RINIL'D IN BLACK INK ONLY PRIOR TO IU CORDING OR FILING. • y (OVER) • --‘1. Dear Tex payer, '..� Your snlisfrction of muilgage has been filed in my office and I am enclosing the original copy il for your records. 1 If a portion of your monthly mortgage payment included your properly taxes, von will now need to nlacl Your I101:fawnj x Rece`"er so rhat Ymt mAv be bl eL directly ILLY a1I future nrnnerl1 Mx bill;!. Local properly taxes are payable twice a year: on or before January 10th and on or before May 31". Failure to make payments in a timely fashion could result in a penalty. Please contact your local 'Town Tax Receiver will. any questions regarding properly lax • payment. — 1 Babylon Town Receiver of Taxes Riverhead Town Receiver of*foxes f t 200 East Sunrise highway 200 Howell Avenue North Lindenhurst,N.Y. 11757 Riverhead,N. Y. 11901 (516)957-3004 (516)727-3200 Brookhaven Town Receiver of Taxes Sheller Island Town Receiver of"faxes • 250 East Main Street Sheller Island Town 11011 Port Jefferson,N.Y. 11777 Shelter lslnnrl,N.Y. 11964 (516)473-0236 (516)749-3338 1:, • East I tampion Town P ceiver of Taxes ' Smithtown Main StreetReceiver of Taxes 300 Penligo Place • Cast Ilampton,N.Y. 11937 Smithtown,N.Y. 11787 • (516)324-2770 (516)360-7610 luntington Town Receiver of Taxes Sou Iuth mpton Roaon n Receiver of Taxes ' 100 Main Street d I lunlinglon,N.Y. 11743 Southampton,N.Y. 11968 (516)351-3217 (516)283-6514 ' Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Road Islip,N.Y. 11751 Southold,N.Y. 11971 (516)224-5580 (516)765-1803• Sincerely, Edward P.Romaine !•,• ` Suffolk County Clerk dw ' 2/99 El II 010I31•40 1 . ".1 4 AarJ: 4. Form 11002—Bargain and Sale Dccii.with Covenant against Grantor's Acts--Individual or Cogarauon.(single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS x'_,. ONLY: p" THIS INDENTURE,made the 27`h day of November,Two Thousand One BETWEEN ' P ELLEN GROPPE, residing at 180-44 Grant Central Parkway, Jamaica l C/1 11432, Estates, New York /Do ID party of the first part,and ROBERT E. HOLLEY and BARBARA HOLLEY, husband and wife, residing at 1085 Bay Shore Road,Greenport,New York 11944 party of the second part, WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable t consideration paid by theparty of the secondpart, does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, k', ti ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon ''s• erected, situate, lying and being at Arshamomoque in the Town of Southold, County of Suffolk and State of New York known as lots numbered 12 and 13 on a certain map entitled "Amended f Map A Peconic Bay Estates and filed in the Office of the Clerk of the County of Suffolk on May 19, 1933 as Map No. 1124; said lots when taken together are bounded and described as lc• r follows: BEGINNING at a point on the Northerly side of Bay Shore Road where the same is intersected by the division line between lot Nos. 11 and 12 on said map; and also being the following two • (2) courses and distances as measured along said Northerly side of Bay Shore Road from the .T. easterly side of Kerwin Boulevard: 1) South 68 degrees 22 minutes 50 seconds East 167.32 feet; and 2) North 79 degrees 54 minutes 00 seconds East, 795.11 feet; c. '` RUNNING THENCE North 10 degrees 06 minutes 00 seconds West 157.12 feet to the mean high water mark of Pipes Creek as of 2/4/97; A THENCE along said mean high water mark of Pipes Creek the following five (5) tip . ie courses and tie line distances: 1) North 74 degrees 04 minutes 48 seconds East 42.51 feet; 2) North 63 degrees 55 minutes 24 seconds East 19.99 feet; a- 3) North 46 degrees 22 minutes 46 seconds East 36.24 feet; 4) North 56 degrees 43 minutes 59 seconds East 15.86 feet; and 5) North 82 degrees 50 minutes 05 seconds East 13.95 feet; • • r y. • THENCE South 04 degrees 06 minutes 00 seconds East 193.53 feet to the Northerly side of y Bay Shore Road; • THENCE South 79 degrees 54 minutes 00 seconds West along said Northerly side of Bay Shore Road, 100.00 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated October 2, 1987, and recorded October 27, 1987 in the Office of the Clerk of tho: County of Suffolk in Liber 10454, Page 214, and by deed dated July 7, 1997, and recorded July 18, 1997 in the Office of the Clerk of the County of Suffolk in Liber 1:841, Page 767. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second . part,the heirs or successors and assigns of the party of the second part forever. ?�•:;.. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the 4; right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the r'''; improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ,Q ELLEN GROPPE i, t • .' STATE OF NEW YORK) `' COUNTY OF SUFFOLK) On the 27th day of November, 2001, before me, the undersigned, personally appeared Ellen t, Groppe,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to ' me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their .t: .•' signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s)acted,executed the instrument. ISI 1 ilit 7Zi __ Notary Public _,, P'uBuc,state EN J.HAGE" Volt t*, •y, NpTAI 02�{A�927029 *CVO' °n Ex2. t: Qua Pkaa *•:::4,'., 1 tl4 -- -4, 5; STATE OF NEW YORK ss.: ' County of Suffolk , • \ I,EDWARD P.ROMAINE,Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County(said Court being a Court of Record)DO HEREBY CERTIFY) g/co Deed liber /a / 0 at Page S yRecorded /a2 9 and that it is a just and true copy of such original Deed and of the whole thereof. IN TESTIMONY WHEREOF,I have hereunto set mx hand and affixed the seal of said County 1 and Court this / 9 1 day of 20 O� 244,44,0e . dif- Form No. 104 Clerk 11 ' Addl ...... . ,..;.t,t. ts•rrr - M-' t • ri/5. . '- _ .'..f .. 7 .-.its ','y; f^~: - , i , •, ,: ,•�•`�: .01 z,- r:r°' .em I neem aeea faog&e+e ssi.Orel..aa Camera*held C,.ea.?. J .44 1 w ciipsfireikl e ✓ comm T YOM mama swam snows utak INSTI tlaettiT THIS IIISTtweatiT smuts sa only po IAWTU$ONLY. '' t ._- ?.,1573 ibis Barre.node the 14°' day of October '.nineteen hundred and Eighty r r— • ` 4 ~ JAMES KOBLENZ£R and ROSE,K0iiL1"sNZER, hies wife / a� ; q\ 35 Sumtr l i Avenue ,t*_ Purtchester, N.Y. r •r ICZ af0 .. pony of tate first pert.and titer_ ', as:: , lis ROBERT E. tiOLLc:Y and BARBARA HOLLEY, his wife ,i ` 30 East 40% Street `'` .:-,.,%.,, +.._� New York,N.Y. �• o party of dee second Ort. 'i,.• O •:. a 1 M,that the petty of the lint pert,in consideration of Ten Dollars and other valuable consideration peW.by i MilliO the pony of the second pert.does hereby grant and release unto the petty of the second pert,the heirs or successors; and aeeigns of the party of the second part fonwr, — JIMMIE �'�� 1`7 as of land.with the bdtdlrngs and Improvements thereon erected.sitwa,lyhngend.'• x%; M duet cumin plot,place Ori ': i- bekr in die - F.– ;,1:' F.— /� 4{, -1. 0 Town of Southold, County of Suffolk and State of New York ';•.4' - known as and by part of Lots 14 and 15, on a certain map ,_ " fi i O entitled, "Amended Map A, Pt' .onic Bay Estates", situate at 411 Arsisam:ma ue Town of Soutla,ld, and whichMap was filed iq the ::,;; ;, .a Suffolk County Clerk's Office on May 19, 1933 es Map No. 1124, ,+ which said lots are mOre particularly bounded and'described ie— as fc:llows;t the Northerly side of Bay Share ', �a BEGINNING at a pc:int on gF Road where same is intersected by the dividing line between r�r 0 Lr..ts 13 and 14 on said Map. •r -• 0 fitm ""+ (•, RUNNING THENCE North 4 degrees 06 minites 00 seconds West along the Easterly side of Lot 13, distant 166.00 feet tc the `i ° tti ordinary high water mark of Pipes Creek; iallr - .: .•'1 : ' TtfENCE along the Southerly side of said high water mark on '1" ;,.; a tie line distance of South 83 degrees 06 minutes 20 seconds .f:. • !t East 1E5.79 feet to a point and the Westerly side of an unopened, ; "Road", 0 Ro3�THENCE along said "Road", South 29 degrees 19 urinates 0 40 s-=cc^lam west . 1.03 fec . t, :he Northerly side of Bay Shore ;r.= Road; N ii5 ► THENCE along the Northerly side of Day Shore_Road South. ,, .7n i 0 7? degrees 54 r.inutes 00 seconds West 80.00 feet, to the•.p ;t* .:.4 .t or place of Beginning. "' ffe ,\ r, ,-,,, BEING AND INTENDED TO BE deed recorded L. ' �- n. ' , • . ]tend lies in district 1000 Sec. 053.00 Block 03.00 Lot 013.00 '.;;' ',,•'. 5 .� ' ro ,'O at.t ty ` • Togetfw with en right,title Mr.d interest,if any.of the par ty of the first pert In end to any.streets and roods abutting:;-y1, A r, t, the above described Premises to the motet tines thereof Together with them appurtenances and all the stat!Ind ` '' l,'I tights al the posy of the first part in and to said premises;To Have And To Hold the premises herein granted unto the pity of the second part,the heirs or suconsas a�td assigns of the party of the second pert foreurr. -,; :t And the party of the first part covenants that trwo party of the first pert has not done or suffered a'Ything whereby the °'' s�bE said penises have been encumbered in any way rAtatever,except as aforesaid. ¢ fAnd the party of the first part•in ctn:plianee orth Section 13 of the Lien Law,covenants that the party of the first t� t part will receive the consideration for this conveyance and wilt hold the right to receive such corn -ation as a trust y' 'Aur. fund to be applied first for the purpose of paying the cost of the Improvement and will apply the sae- lint to the pay; i� •;,•E._ mmt of the cost of the Improvement helots using any art of the total of the same fo+'anis other p rposs. R., The word••party"shag be construed as if it read"parties"whenever the sense of this Indenture so requires. , .; e r.M •U.1 + ' In ti M<ttaseolitl+► ty of the first pat les duly executed this deed the day and year first above written'',•-16 6 In Presence Of: _ .- ,r'1xy i _. . �!k \ /7nuN,_� ~ 3AM11E/St�(JO�,Lt'�NZER : y ',nrtNr(!r.3• 'i' .p ROSE KOBLEWZER ;sir s / A\ . i: i VW telaj T. 1 • L : 899ptc 574 , '- t.-• • �`i'` is: STATE OF NEW YORK,COUNTY OF ,.; • `.s's-STATE OF NEW YORK COUNTY OF C.; On the dlr of ,. .before me ;b,C:'', ':,• Oaths l•{MdardOc•t• bt•r lq�u,before me �:,j cams James Koblenter and petsonaUy came i"•:',, r ,n ,: M R Kob enter, His wife •, . e'3 mekiwwn to be the individuals described in and who to toe known to be tha ttdl jade act ed In en who .;? ,'i, �+ raattedthefotegoint;insttutatot,a dscknowltdaedthat executedthefosesoiu1 ; t they executed the same. executed the same. 'i;_ r; L T 1-t-- ,. . , I ..., ig,.....:_a tA.... if;'• NOTARY nom sum ip_sawraft pui0 EIA Nwen�Q IIIt. :;; Gstis:m Expires Q0.' .,..,:•• • •..,..; COUNTY OF sar. : 1;,;. STATE OF NEW YORK. • .. ',.• ° °c. : STATE OF NEW YORK.COUNTY OF r Oa the day of 19 .before me ; • Cha the said 19c .depose sae STATEreglo arae ,''4:At'''. peteotialii ase the subscribing witness to the foregoing Instnanca4 yids. , way that he es No. dei sanx�,tLddsvaeand whom l sem porsoorllr acquainted.who,being by=duly;,.A:•., way that !ie toiides es No. i awom did depose and say that he resides at No - t t that be Y the that he knows •, {t. 1,d ,the commotion describe to in the individual%' In and which execute the foregoing 11otai that he described la and who executed the t b hinstrument; , knows the seat of said c posadoec dare the seal mead that 1�said tuiae .was panne and ells '.,.ii_ 4 to said Imseas.enft Is sockof&rcocoanut ad:that it was smacaw die seam and that he,said witness.: Aug*ceder a the bead d d+aactoes d mid=pots- h name a mimeo ali�aatn• j that lie alma h atm at tha sans time subectibad ° t'14�'t1o.l,.adthereto by • '• .1 ° 4^ u�cr 1000 - - - 4, STATE OF NEW YORK ss.: :,.,. \ County of Suffolk I,EDWARD P.ROMAINE,Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County(said Court being a Court of Record)DO HEREBY CERTIFY that I have compared the annexed copy of • a Deed liber P 2 9 ( at Page S 7 3 Recorded l 0 /2D /9e0 r and that it is a just and true copy of such original Deed and 1 of the whole thereof. IN TESTIMONY WHEREOF,I havehereunto set m hand and afxed�the O of said County and Court this / 9day of 4 Form No. 104 Cledc , r t.i i v'l, l';` a RtC • . s.: � r . a1I a 11. OCT . ' • FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT 2 9 )2 SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: August 28, 2002 TO: Suffolk Environmental A/C Holley PO Box 2003 Bridgehamtpon, NY 11932-2003 Please take notice that your application dated August 22, 2002 For permit for construction of an accessory garage at Location of property 1085 Bay Shore Road, Greenport,NY County Tax Map No. 1000 - Section 53 Block 3 Lot 13.1 Is returned herewith and disapproved on the following grounds: The proposed construction not permitted pursuant to Article III Section 100-33C which states:, In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code. Front yard setback on parcel, +/- 23,392 sq. ft., pursuant to Article XXIV, Section 100-244, is 40 feet. Proposed structure is shown at 35 feet from the front lot line. 1 ',thorized Signature Cc: ZBA, File Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. PIPKS CR N , Fi ..' TOWN OF SOUTHOLD (UNDERWATER LAND) N 82.50'05" E .� i 3,95 •ti, 6 c ti�ti� '�`� 2 xAGs Asn►vcDETERNA Der 4550. . - ° '�` FLAG / / o Sc3 — — RD OH ,/ ALL Crt- FLAG` nk In l new eY TED AL / / p0 - Fac ` Nc, u+c. ON DECEmaER 6. lags. 96' , ...s.%%%ft... .%\::ukc 1-65.,7.9, ta-gp / gl / ,� !\, `' RODS VAN -ww;M SURVEY- -- _ AV / - 1 _ N w / 's / `\� / V� / / - , 0 \/ /Z � ,, / \ von Iiii` 1 - — — 1, 1 s °°1°.1.400 °..°0:4 1 OD 0101/P / / Al oRy4. 4/ I 1 41.elf _EDGEof55- 2 / II USf ! I R 4/ 4 Iwo / / O S.C. TAX o. 1000-53-03- 1 "• _ I oQ • ,iiiiiiii o / Ad 14°— \F45... - ``*. . . o.. 4, �„► TURF ZON£ ` 4 A !. / Y a • t ���p9 , a \ (TEST HOLE DUG BY c �` . e . ' p�Nu'"" cv ila / • E d,/ ELEV. 5.1 •� • • "i / .4 4� � 9 • •� 1 ( 1 0 ___.., ..,i. ,..s. 0 n.,. / " EX-(----- --JISiNIC / \ 0, -C UV-•. LOCATION I / W a tv. %111. / ( Nc (-- C '\ / ?3 \ v, GROUND• \ 4 1 \..... ..I \s.- // / / , (\f.c 411 \\) , 80 , . j\ INE �.- - ' Foos° S 79.54'00 \ ` _ . .r - - - j A 00;00 _ 1 ` �►--, ,, TEST Hot= - 7 1, ' fI — / A J ./ /• a J / ECG% e r� / a' • 4 / e° / 0'1 p CP / 7 1lZ° : , - - -- * oEtE _ • . STREET 0,1 ER IN A2 I ?/ TA J , PREPARED ' ACCORDANCE WITH THE MINIMUM SNDARDSFOR TITLE RVEYS AS ESTABUSNED BY THE LIALS. AND APPROVED AND ADOPTED Jose' FOR SUCH USE...f/Y,THE NEW •; STATE LAND TITLE -' ��®fo.r, �' Lar ;A 1 44'.` Si _ 7751. S,,r at - ci P I MAP OF LOT 12 , 13 , 14 & 15 AMENDED MAP "A " OF PECONIC BAY ESTATES FILE No. 1124 FILED MAY 19, 1933 �` SITUATED AT c ARSHAMOMAQUE ,N4 TOWN OF SOUTHOLD tic, c SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-53-03- 12 .. c, 1000-53-03-13 •55 2� SCALE 1 "=20' 63 99 FEBRUARY 4, 1997ALL MARCH 30, 2001 ADDED NO TURF ZONE 1'04'48N / 1� / / i i JANUARY 24, 2002 REVISED SITE PLAN N 42.5A FEBRUARY 18, 2002 ADDED LOT 14 & 15 or'E i ot 10.0 ga..�`g°'.111k X - i ALL '" ANA. /\ DS- W� AL 2 _Ilk . '11` '� Ilk ' I Ilk - . ._ „ • ,1!!c 0 t " Ilk At o i 3 Ilk A` cthG IEDGE —5 o ALL AIL • CERTIFIED TO: 1�tlk �Ik S'C / - / ROBERT E. HOLLEY 4? I '- / ��� / BARBARA C. HOLLEY elCOMMONWEALTH LAND TITLE INSURANCE COMPANY ,� ��G� W /_i AL_ 7o' +_- o ' TP 1-.1 o 1 elk grisk, a. ,:,, � /`� s?P2,.., • �o i I / itS1. PR i 47\ o•�� 1111A- , / / t �- vt,*�� �/ 4 1 / io. / , I o \ ,.. y / / °` � � // I f / NO TURF :,_____iNE__ '' 'P' N .� ,� S 68. \795• / .� ��� ��� ' . TEST ria. 1 ,1 4' F iso " E p.5E. J t� •32• N 79.54'00" 9:s�'muTM 2 NOTES: 6 . 4 e • 44 4 4 • �� 1 . ELEVATIONS ARE REFERENCED -TO N.G.V.D. 1929 DATUM I a EXISTING SPOT ELEVATIONS ARE SHOWN THUS: ...Q ' ^ �, * �'� C7� T--- EXISTING CONTOURS ARE SHOWN THUS: — -- -- ---8--- -- — — _PROPOSED SPOT ELEVATIONS ARE SHOWN THUS: e•o 2. FLOOD ZONE INFORMATION TAKEN FROM: , 'SIA0I3s , , — , , — �� SSR FLOOD INSURANCE RATE MAP No. 36103C0159 G wASER \S ZONE AE: BASE FLOOD ELEVATIONS DETERMINED (PUBLIC ZONE X*: AREAS OF 500-YEAR FLOOD; AREAS OF 100-YEAR FLOOD WITH AVERAGE DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 100-YEAR FLOOD. I 3. S.C. TAX LOT No. 1000-53-03-13 WAS DRAWN FROM PREVIOUS SURVEY I BY RODERICK VAN TUYL LAST DATED JANUARY 17, 1996. I I I • Suffolk Environmental Consulting, Inc. Newman Village, Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5198 Bruce Anderson,M.S.,President Hand Delivered April 4, 2002 Patricia Conklin, Permit Examiner Building Department Town Hall P.O. Box 1179 Southold,NY 11971 Re: Holley property Situate: 1085 Bayshore Road Greenport; Town of Southold, NY SCTM#: 1000-053-03-012 Dear Ms. Conklin, This Firm represents Mr. and Mrs. Holley who are seeking to construct a detached garage upon the property referenced above. Please note that subject property was recently purchased by Mr. and Mrs. Holley and subsequently merged with their own property located to the immediate east, which is currently improved with a single family dwelling. Consequently,the proposed garage is to be located in what is now afront yard, and therefore, non-conforming with respect to the rules and regulations of the Southold Town Code,which will result in an appeal to the Southold Zoning Board. Accordingly, in order to apply to said Board, a letter of disapproval is required from your Department concerning this property. Please find attached herewith: (1) Town of Southold Application for Building Permit; (2) Survey of subject property, prepared by Joseph A. Ingegno, L.S , last dated February 18, 2002; and (3) Check in the amount of$ 35.00 made out to the Town of Southold in order to cover the requisite application fee. 2 Kindly review the enclosed items and provide this office with the requested letter of disapproval concerning subject proposal at your earliest convenience. Should you have any questions regarding this matter, please feel free to contact this office at any time. Thank you in advance for your continued attention and consideration. Sincerely, 0(046/___..7- Matt D. Ivans attachment cc: R. Holley r _ . Suffolk Environmental Consulting, Inc. Newman Village, Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5198 Bruce Anderson, M.S., President August 16, 2002 Damon Rallis—Permit Examiner Southold Town Building Department - P. O. Box 1179 r S, ` Southold,NY 11971 \r ;' ,`, pUG 2 2 7 ;? .,,, Re: Robert and Barbara Holley ° .``i Situate: 1085 Bayshore Road, Green rt L. _ SCTM# 1000-53-3-12 B",(,,, ,(, ' '�cm Dear Mr. Rallis, This Firm represents Robert and Barbara Holley who purchased the parcel referenced above from Ellen Groppe on November 27, 2001. We had previously represented Mrs. Groppe and obtained all required permits and approvals to construct a single family dwelling and related residential appurtenances. Upon purchase, Mr. and Mrs. Holley merged subject parcel to their own and proposed to construct a detached garage in lieu of a single-family dwelling. We filed a request for a Letter of Disapproval on April 4, 2002 based upon Mr. and Mrs. Holley's purchase of subject parcel and subsequent property merger. You returned our request on May 15, 2002 requesting proof of merger. I enclose our previous request for Letter of Disapproval this time adding a copy of both property deeds (SCTM#1000-53-3-12 a/k/a Lots 12 and 13 of Amended Map A of Peconic Bay Estates and SCTM#1000-53-3-13 a/k/a Lots 14 and 15 of the Amended Map A of Peconic Bay Estates). I have highlighted the map designations on the deed as well as the tax map numbers appearing in the deed and/or title page to the deed. There is no doubt that the two lots have merged being adjacent to one another and held in the same ownership. We again request your letter on Disapproval based upon the construction of a detached garage in the open area between the house and street("the front yard") and less than 40 feet from the front lot lone. Thank you in advance for your cooperation. Sincerely Bruce.... /ri_____„ A. Anderson cc. Robert Holley , OFFOLt . /.0 Cod, o 72 Town Hall,53095 Main Road , *one err 1,� Fax(631)765-1823 P.O.Box 1179 : of � •%1 Telephone(631)765-1802 Southold,New York 11971-0959 wed `�►a,1'0 BUILDING DEPARTMENT TOWN OF SOUTHOLD May 15, 2002 Suffolk Environmental Consulting A/C Holley PO Box 2003 Bridgehampton, NY 11932-2003 To Whom It May Concern, As per our recent conversation, we cannot process your application for a notice of disapproval for the construction of an accessory garage at 985 Bayshore Road, Greenport, NY, SCTM# 1000-53-3-12, until you proof of merger has been submitted to this office. Because you have failed to respond to this request in a timely fashion,we are returning the application as incomplete. Please feel free to re-submit your application once you have the above referenced information. If you have any questions,please contact this office at (631) 765-1802 between the hours of 8:00 a.m. and 4:00 p.m. API 1 '':prized �#!ature - ..., _ '-' fri leidd-�`3- e-/.2 TOWN OF SOUTHOLD PROPERTY RECORD CARD _9' OWNER STREET gA, S VILLAGE DIST. SUB. LOT lir / y / "µ'' 6 .02_ 1 -ctea. olte ji , - Ii . . ' Ilit. 1141` f El i i ..4'C..C• .. =`...,. FORMER OWNER`' N ACR. r kIC� S W TYPE OF BUILDING ./ a „ c 94/44d, C irn1 A ,vY ,; ., RES.4 SEAS. VL. I FARM COMM. CB. MICS. Mkt. Value AND IMP. TOTAL DATE REMARKS * _ r t"+- . _ T OD 6 6 a l 24 6.' ses N so . , t -; A_ A , © 6 ' . d CD / : 6 ' A � fd . �2 .000 ,'. �!9 , 4'4,4 A - 9` , . Q A', ge. ,Ce 1 �. oo0!3 AICIGF Ti at),C,.E, La-9.41S p 34$ • .z : •4 + ► a I Gro - .. _i. - t•1 C- I zoo L 12- La k •• s- . , , O (e 113 t- tso AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Vc.lue / rr Acre JD to'1" 857t".:(14;16 ::.//5v-. Tillable FRONTAGE ON WATER {Alf": : ?;s14°116 •-•—aitifit-A6 ' Woodland FRONTAGE ON ROAD , 0 O Loa 7: g'oa -f 7 2 Meadowland Mil DEPTH House Plot BULKHEAD Total DOCK August 23, 2002 Damon Rallis C/o Southold Town Assessors Southold Town Building Department P.U. Box 1179 Southold,NY 11971 Re: Holley Property Situate: 1985 Bayshore Road, Greenport SCTM#: 1000-53-3-12,13 Dear Sirs; Please be advised that my wife and I own the two adjacent tax map parcels referenced above. We have merged the two parcels in Title and propose to construct a detached garaged in a required front yard, In order to do so a zoning variance is required. In order to make a zoning application a notice of disapproval from the building inspector is required. In order to obtain the notice of disapproval,we are required to obtain a singular tax block number encompassing both properties now merged. Kindly assign the two merged parcels a singular tax lot number so that we may obtain our notice of disapproval. Thank you in advance for your cooperation. Sincerely, 1A4'tl"//oatl, Robert Holley I� Barbara Holley S-Crtvl 53 - 3 — /3, / TOWN OF SOUTHOLD BUILDINI 'sRMIT APPLICATION CHECKLIST BUILDING DEPARTMENT D., have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 3 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved ,20 Mail to: Disapproved a/c Phone: _ Expiration -- 1-1 2, 722-1'‘-' \F ,, ,, , r n coq Building Inspector i r�i AUG 2 2 2002 ' ,�\1 �_.�....�-....��-^-tet i S;� �' J‘. . n i i , • 4 ,.,APPLICATION FOR BUILDING PE IT '�u) i � { �rf ,._ �D�.c,,. Date ;�t R/c , 20PZ T• IN Of l't-i ,'U) j 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 waterways. 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 issue a Building Permit to the applicant. Such a 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 what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months. Thereafter, a new permit shall be required. 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 removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code,housin code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. D (Signature of applicant or name,if a corporation) stir-roc/4.. FN412 6,.J- 6o4,4v,Tl._c �'„c. o• 3ox 1�3 • r3 F r oG'EL44(4 PGv.-) /J`i u ?_ (Niaailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder AGgArr - vrro c- rN-14.0—A4EAITAL 6_ffLTfn1C+ /,✓( . Name of owner of premises 73rZT E E. �o pQ,q do,,,,,, (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) _ , r Builders License No. Plumbers License No. Electricians License No. - j Other Trade's License No. - 1. Location of land on which proposed work will be done: /O 8 S SA f.coRL Vo AD G TZEFn►eo1 c' House Number Stet Hamlet -.1 ,, N, �,¢ Hamlett. )1,.,..., :Yil ~=1 3 County Tax Ma No. 1000 Section 5 3 Block 03 `- Lot ' r'4 Subdivision Court Z.aY firs ,SAP np" Filed Map No. (l Zr Lot (Z, (5, `( /5" (Name)/ 2. State existing use and occupancy of premises and intended use and occupaaicy of proposed construction: a. Existing use and occupancy g I J/4TE S/NC-f_ r4A4 i c j Dwe LL/Ai b. Intended use and occupancy 1 va,� J71 6µt c. DL, .i c ' G4 RA Cf._ 3. Nature of work(check which applicable):New Building Addition Alteration Repair Removal Demolition Other Work 4. Estimated Cost #3 S,000 Fee (Description) (To be paid on filing this application) 5. If dwelling, number of dwellin unit Number of dwelling units on each floor — If garage, number of cars � (2) 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front 73.v f/ Re 73,0 I -'-" Depth 115,0 r +(- Height 4 3 2, 0' Number of Stories DwE ( 9 Dimensions of same structure with alterations or additions: Front T. . t Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front 36,0 r Rear 36.0 ` Depth 2'1: 0 Height 3Z 0 ' Number of Stories 0N£ (') 9. Size of lot: Front 180,O �-( Rear 300,0 i f/- Depth /f0;01 f(10. Date of Purchase — Name of Former Owner GizOPP 11. Zone or use district in which premises are situated — 12. Does proposed construction violate any zoning law, ordinance or regulation?YES 'NO 13. Will lot be re-graded? YES NO /Will excess fill be removed from premises? YES NO 300 EAST ya'`STiAP .2.51Z- 14. s iz14. Names of Owner of premises ot,L Address N N 10016 Phone No. Z l2 166- f6 5) Name of Architect K.tcCeeN o CIA, - f✓o , c. ddress v A °9 5c�+OD/'1 Phone No 7 -0k-1 00 Name of Contractor Address Phone o. 15 a. Is this property within 100 feet of a tidal wetland or a freshwatetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS Y BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale,with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) SS: CO OF `J' ,4TctL) 4ftir D. /,A� n being duly sworn, deposes and says that(s)he is the applicant ame of individua signing contract)above named, (S)He is the AGENT- - ,,�rdCIL row ic.06,,.(rt,,.hrv4Cl 6.-/ft/on ,-, - //:"c. ( ontractor,Agent, Corporate Officer, etc.) of°;aid owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all,statements contained in this application are true to the best of his knowledge and belief; and that the work will be Performd in the manner set forth in the application filed therewith. 1 Sworn�bei ire me thi v of 20(rL` ,. / rvi r- i Lie- it , ----34-19NL,;;tary D b1jcBOH S. nature •f A /cant LrkINOTARY PUBLIC,State of ew York r i, No.01B06020932 -Ai Qualified in Suffolk Cou Term Expires March 8, 2 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 09/18/02 Receipt#: 5500 Transaction(s): Subtotal 1 Application Fees $400.00 Check#: 5500 Total Paid: $400.00 Name: Holley, Barbara C 1085 Bayshore Rd Greenport, NY 11944 Clerk ID: LYNDAB Internal ID:62593 Page 104 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing do little if anything to solve the real need of the community to provide a place to stay overnight for t e weekend visitor and it would invite by example other developers to propose similar schem compounding the problem. For these reasons, time sharing should not be permitted on the north fork. Another alternatives alternative is pursued. Whether it be condominiums or houses or a ventional motel. CHAIRWOMAN: N. . you very much. Do you have anything further? MS. MOORE: No I don't un -• ou have questions. CHAIRWOMAN: Just re-submit that le - with the south fork information and bullet what we've discussed as potential conditions. Is th- - anyone else in the audience who would like to speak for or against the application? Seeing no h. 1 , I'll make a motion closing the hearing reserving decision until later. PLEASE SEE MINUTES FOR RESOLUTION ***** 4:40 pm Appl No. 5222 - ROBERT & BARBARA HOLLEY. This is a request for a variance under section 33C,based on the Building Department's August 28, 2002 Notice of Disapproval for construction of an accessory garage with a front yard setback at less than 40'. Location of property: 1805 Bay Shore Rd., Greenport 53-3-13.1. CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? ED WILLIAMS, BLDR: My name is Ed Williams, builder. I'm the proposed builder of the proposed garage, but Bruce Anderson was the consultant handling the thing. MEMBER GOEHRINGER: He was out in the hall before, Ed. MR. WILLIAMS: He was? I didn't see Bruce. CHAIRWOMAN: Let's go to Ms. Gallagher. Why don't you try to find Bruce, in the meantime, we'll go to Eileen Gallagher. ***** 4:41 pm . 8 1 1 No. 5244 - EILEEN GALLAGHER. This is a request for a variance under section 31B(1 e establish a proposed Accessory Apartment in conjunction with the owner's residence, at 1575 '- ehaha Blvd. Southold 87-3-51. EILEEN GALLAGHER: Hel s, 'n Eileen Gallagher and I'm here to request permission to put an accessory apartment in my residen CHAIRWOMAN: This is a one bedroom apartm 't over an existing garage? Page 104 of 128 Page 106 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MEMBER OLIVA: You don't have to put any new fittings under the garage if the garage is e? MS. G LLAGHER: The space over the apartment right now is unfinished. It was constructed as part o e renovation and on the building permit that I had for the construction it was indicated to ,e unfinished storage, and it's still unfinished so if I get permission I have to construct an a.1 ent up there. MEMBER OLIVA. And that garage is attached to the house? So it's one principle building. MS. GALLAGHER: Y- MEMBER GOEHRINGER: en we look at this, Eileen, we are looking at those windows that are above the garage. MS. GALLAGHER: Yes, there's winds s facing the south and the west and the north. The only part that would not have windows is t - part that is attached to the main house. MEMBER ORLANDO: So to access the apartm t you have to go through the side door of the garage then up the stairs. CHAIRWOMAN: Any questions from the board member Is there anyone else in the audience who would like to speak for or against the application? Seein. s o hands, I'll make a motion closing the hearing reserving decision until later. I see no proble • with this, I've reviewed the code and I think you've met the code. PLEASE SEE MINUTES FOR RESOLUTION ***** HOLLEY (CONT.) CHAIRWOMAN: Did we find Mr. Anderson? MR. WILLIAMS: No, but if I can be of help. CHAIRWOMAN: We have a proposal for an accessory garage, are all 4 of those lots now merged? MR. WILLIAMS: Yes. CHAIRWOMAN: The lots have been merged sir? MR. WILLIAMS: Yes to my knowledge they have been. We have the Trustees permit. We have a DEC permit. Page 106 of 128 Page 107 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: I see you have a significant amount of environmental constraints on the property, the wetlands. Now that garage is going to serve a dual the driveway to the garage you'll use the same driveway to the single story house? MR. WILLIAMS: Not really. The driveway they have now just goes straight into their property. They would have to enter and exit through their existing driveway anyway. CHAIRWOMAN: The garage doors are going to be facing to the side of the property? MR. WILLIAMS: They would be facing the driveway. CHAIRWOMAN: I don't have any further questions, Mr. Goehringer. MEMBER GOEHRINGER: What utility would be in the garage, Mr. Williams? MR. WILLIAMS: What utility? MEMBER GOEHRINGER: Electricity. MR. WILLIAMS: Yes, electricity. MEMBER GOEHRINGER: No water, no bathroom facility, no heating? MR. WILLIAMS: No. No insulation, no heating. MEMBER GOEHRINGER: Strictly a storage building to be used in concert with the house? MR. WILLIAMS: Yes. CHAIRWOMAN: Mr. Orlando. MEMBER ORLANDO: Nothing on the half floor up above the garage MR. WILLIAMS: Storage. MEMBER ORLANDO: The no-turf zone, was that put there by the Trustees or you put that there, DEC? MR. WILLIAMS: I assume the DEC, I'm not familiar with that part of the application. But we have the DEC permit, we have a Trustees permit that was issued the Trustees permit was issued back in May of last year. MEMBER ORLANDO: No other questions. CHAIRWOMAN: Mrs. Oliva. Page 107 of 128 Page 108 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MEMBER OLIVA: How high did you say the garage is going to be? MR. WILLIAMS: It's about a 9' first floor wall and then 2' floor wall,but it's no higher than the town code is 15'10. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? Any further board questions? MR. WILLIAMS: May I ask for a vote? CHAIRWOMAN: There's about 30 people ahead of you. MR. WILLIAMS: When would the vote take place? CHAIRWOMAN: Hopefully within the next 3 weeks. We'll get to it as soon as possible. I'll make a motion closing the hearing reserving decision until later. PLEASE SEE MINUTES FOR RESOLUTION ***** 4:50 pm Appi. No. 5150 -T. & A. LAOUDIS. This is a request for a variance under section 30A.3,based on the Building Department's September 29, 2002 Notice of Disapproval concerning a proposed carport addition to dwelling which is proposed at less than 50' from the front property line. Location of Property: 405 Kimberly Lane, Southold; 70-13-20.35. CHAIRWOMAN: Hello, Ms. Moore. MS. PATRICIA MOORE, ESQ: I have Mr. Bohn here who you recognize from last time he's the architect on this project. This project is probably a headache to you as it is to everyone else who's involved in it. The whole project has not changed dramatically since it's original inception just little tinkering back and forth had caused the problem along the way. When the plan was submitted to the building department originally it was just so voluminous and so complicated that they didn't realize that there was a roof overhang. The portico is the carport in layman's terms the carport. The sanctions or the foundations for the carport were poured and when the surveyor came in they showed the setback that was not in conformity because when the building department didn't realize that that was encroaching into the front yard it didn't get included into the variance. So here we are after the fact after the house which is essentially the caretakers house. It's 3 bay garage with living quarters above it. In a sense when they first came to me it was supposed to be so we could avoid variances because to put a garage on a separate piece of property requires a variance because it's an accessory structure without a principle structure so we put the living quarters above it. Obviously went through all the processes of health department and such and low and behold we didn't avoid many variances anyway. The building is now the garage is built so you can see it's quite tall. Architecturally it's not designed without that portico. Page 108 of 128 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD NEW YORK - ------ — __------- x In the Matter f the Application of AFFIDAVIT aL4 E OF (Na of Ap Iicants) MAILINGS CTM Parcel#10 053 -03 - 13-01 * ----------------------------------------x JAN 1 0 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, .rnant..l-J456.tUe.1.SupFocK-e•ttU(a, ,.�� residing at NB " ' vi m, '"9,„,at: 3e/y1g4gftm ,r , New York, being duly sworn, depose and say that: On the 3/J7-- day of PtCF—M3 , 2003, I personally mailed t the United States Post Office in Seat6-6.04imato.0 , New York, by C IFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the atta ed Legal Notice in prepaid envelopes addressed to current owners shown the current assessment roll verified from the official records on file with the ( Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's/ 4,42,...-4---- ,/�propertyy..(Signature) Sworn to befor= me this a,3 /( '4 day of e Matthew D. (vans l/ Notary Public 01 New York (Notary Public) No. 011V6053859 Qualified in Suffolk County Commission Expires January 22,2033 PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. ■ Complete items 1,2,and 3.Also complete •. Si.natur; /J item 4 if Restricted Delivery is desired. X i/ ❑Agent le Print your name and address on the reverse /t 4. •dressee so that we can return the card to you. , �eived by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. 3 03- 1 Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No itigieda 41/b46 /0 30 lyse 3. Service Type /1/s. NI-Certified Mail 0 Express Mail l �Q�y ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7002 0510 0004 4709 8867 (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 102595-o2-M-10a UNITED STATES POSTAL SERVICE • First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • oemolx ENVIRONMEek al 1.0.BOVI BOX 2003 NIDGI MIINBHA3l1011.NY 111324011 m Ull • Complete items 1,2,and 3.Also complete A. Sign e f'' item 4 if Restricted Delivery is desired. ,� ❑Agent X • Print your name and address on the reverse /y/'( so that we can return the card to you. eived by(aff ted Name _ C. Date of Delivery • Attach this card to the back of the mailpiece, "" ----177%-"i or on the front if space permits. 4.'4% • Is;;"'D. Is delivery add =- - ' 1 r� es 1 Article Addressed to: If YES,enter d,we dress below lin • 7-zt w' If 6-.0507,41-.17 JAN 0 2 2003 S-3c1 r / 02c- \y"...\--......_.---AN 3. Service Type S- AA s,,,,zed 12—C e r t if i ed Mail 0 •• . r 417-- /I c 7/ ❑ Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7002 0510 0004 4709 8874 (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-10 UNITED STATES POSTAL SE 'GVII1i'''+i"i+t!1r1ti I 11 ifltuur;�uti ±f:'s� ' _ .x First-Clags.NTail-t-, Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Nu•=)U'ENVIRONMENTAL COMMA ill BOX 2003 ,P:DGEHAMPTON,NY ow= -. 4 U.S. Pt I Service CERT D MAIL RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) 1 U.S. Postal Service co CERTIFIED MAIL RECEIPT tte GREENPORT, NY 11944-2721 _ 1 (Domestic Mail Only;No Insurance Coverage Provided) 0.60 UNIT : 0932 __ .=.- 0" Postage $ -.,‘' r '4111 IOU, NY 11971 . co ,, co t-- Certified Fee 2.30 , i •46 co . - i VVStmark Return Receipt Fee 1.75 ( r vi Here 0-` .•60 UNIT ID: 0932 =- (Endorsement Required) 0 Postage $ 0 \ C rk: 65NTPO / C3 Restricted Delivery Fee .7" Certified Fee 2.30 0 (Endorsement Required) N 4.65 12/3002 .7- Return Receipt Fee ---r;75.-- ifer4, I=1 Total Postage&Fees $ CI (Endorsement Required) ; CI Restricted Delivery Fee Clerk: lt5NTPOSent To Ln CI (Endorsement Requir edl 74-.65 12/31/02 c:3 ru A4,v7-(ikA7 PeC6S41-i- Street,Apt.No Total Postage&Fees $ .. CI c) or PO Box No.1&c 34,,,ti .(2.: t•-q Ln al City,State,ZIP /I 1 V --.1•7P4 Sent To ,..- 1:3 OW— AA/ See Rimer ce for Instructions Street, Srdiet.)51.0 LP PS Forme 31100 January 2001 nj Apt Nor-, . i cm or PO Box No. 5-3 c)q c m... cz City,State, IP+4 l•-• .0 97..-...1;II 1 • .4.AL, 1 PS Form 3800.January 2001 See Reverse for Instructions U.S. Postal Service 1 CERTIFIED MAIL RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) Cs- ...D , Ny 1191111.11.1,1111. 1 GO • 44 a-- '.60 UNIT lb:, 0932 ,,,starie $ = , • m- Cinrtified Fee 2.30 ------ pos- . -• Return Receipt Fee TM-- ( (Endorsement Required) CO Restricted Delivery Fee p14: 1;5w° / - 0 (Endorsement Required) 0 —4.65-- 12/31/02 Total Postage&Fees $ ---' ,1 LI) Sent To ru Street,Apt No, ci or PO Box No. JD 36 8atisfroete_ ki.) C3 City,State,ZIP r4 r- 6.1e4„- . PS Form 3800,January 2001 See Reverse for Instructions i r ria 4 i (,:k--- °frt2 U.S. Pos ervice .x : CERTI - - MAIL RECEIPT I (Domestic Mail Only; No Insur,mre Covorrge Provided) U.S. Postal Service '-q CERTIFIED MAIL RECEIPT43 GREENPORT, NY 11944-2721 _ (Domestic Mail Only;No Insurance Coverage Provided) 0,60 I, IT!��: 0932 = a- 0.60 $fl , i;/-:(1' i co � II +, �O 1 D, "' 11971 lCertified Fee 2.30 l y iao%mark, a- p� ---- Return Receipt Fee 1.75 � r V< Here i O Postage $ LNVIT IU: 0<.2 O (Endorsement Required) N - _ __ o C .rk: �SNTPO i S Certified Fee 2.30 Restricted Delivery Fee 0 (Endorsement Required) 3t Posttnerk 4.65 127`31102 Return Receipt Fee I.fi it ar•, In Total Postage&Fees $ O ' , (Endorsement Required) � OO Restricted Delivery Fee Clerk,; bJIrTFQ Sent To (Endorsement Required) 4/VD/ ��C�,f� 0 4•6S— 12/31/02 ru Street,Apt.No., <�f Total Postage 8 Fees $ co or PO Box No.1 Appr Sita 1231Ul Sent To 0 City,State,ZIP+A �� / t T 7izi v .� of Sdkoly doder__ y 17,1 Street,Apt.,o., ____ ___ l O or PO Box No. 53 c)'? _ CI Pt City,State, IP+4 G 'l --._ __ �ODU- 3— ' 1,I -1"71 ;'.^rr J,inuary 2001 See Reverse for Instructions /Obb - -.3 _ c{ ` 4-/ i; , U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) • IN- _0 ~_D co co 71lMiaeNMrlifirluwillirillMIIIMIMIMIIIIIIII o Postrah 1•'0 UNIT I�:r 0932 Fs- s (:"rtrtred rr•e 2.30 F Posf,off; .- Return Receipt Fee -_- I.7jr 1• 1 O (Endorsement Required) 1� ) O Restricted Delivery Fee ''clam;: Im'1'o ' 0 (Endorsement Required) / 0 4.15 12/3i/02 Total Postage&Fees $ , Ls) Sent To o C(1 ! ,e ' FL Street,Apt No., O or PO Box No. /D 30 i m/C�A City,Stele,ZIPr4 HV I//i.."-- av '' PS Forrn 3800,January?001 Sire Ravrrse for lnstruchons , /O) 15 OS-3-60-0 v., 35 •3 Suffolk Environmental Consulting, Inc. Newman Village, Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-516QVia Certified Mailing Fax: (631) 537-5198 Bruce Anderson,M.S., President December 31, 2002 Town of Southold 53095 Route 25 Southold,NY 11971 Re: Holley Property Situate: 1085 Bay Shore Road Greenport,NY S CTM#: 1000-053-03-13.1 To whom it may concern, This firm represents Mr. and Mrs. Robert Holley, owner of the above referenced property. This property will be the subject of a Public Hearing before the Board of Appeals of the Town of Southold at Town Hall located at 53095 Main Road, Southold on Thursday, January 16, 2003 at 3:30 p.m. In accordance with Chapter 58 of the Southold Town Code, enclosed herewith, please find a copy of the subject application and a copy of the survey showing the proposed structures, for your information and review. Please feel free to contact this office should you have any questions regarding this matter. Sincerely, C)11":"'" /4/,t)44414t4LA Diane K. Wassick Encl. cc: R. Holley • Suffolk Environmental Consulting, Inc. Newman Village, Main Street, P.O. Box 2003. Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5198 Bruce Anderson, M.S., President Via Certified Mailing December 31, 2002 Mr. Anthony Decesare 905 Bay Shore Road Greenport,NY 11944-2721 Re: Holley Property Situate: 1085 Bay Shore Road Greenport,NY SCTM#: 1000-053-03-13.1 To whom it may concern, This firm represents Mr. and Mrs. Robert Holley, owner of the above referenced property. This property will be the subject of a Public Hearing before the Board of Appeals of the Town of Southold at Town Hall located at 53095 Main Road, Southold on Thursday, January 16, 2003 at 3:30 p.m. In accordance with Chapter 58 of the Southold Town Code, enclosed herewith, please find a copy of the subject application and a copy of the survey showing the proposed structures, for your information and review. Please feel free to contact this office should you have any questions regarding this matter. Sincerely, -),40,----- /eXit.044 Diane K. Wassick Encl. cc: R. Holley Suffolk Environmental Consulting, Inc. Newman Village, Main Street, P.O. Box 2003, Bridgehampton,New York 11932-2003 (631) 537-5160 Fax• (631) 537-5198 Bruce Anderson, M.S., President Via Certified Mailing December 31, 2002 Mr. Harold Weber 1030 Bayshore Road Greenport,NY 11944 Re: Holley Property Situate: 1085 Bay Shore Road Greenport,NY SCTM#: 1000-053-03-13.1 To whom it may concern, This firm represents Mr. and Mrs. Robert Holley, owner of the above referenced property. This property will be the subject of a Public Hearing before the Board of Appeals of the Town of Southold at Town Hall located at 53095 Main Road, Southold on Thursday, January 16, 2003 at 3:30 p.m. In accordance with Chapter 58 of the Southold Town Code, enclosed herewith, please find a copy of the subject application and a copy of the survey showing the proposed structures, for your information and review. Please feel free to contact this office should you have any questions regarding this matter. Sincerely, /" Diane K. Wassick Encl. cc: R. Holley PIPES CREEK MAP OFQ LOT 12, 13, 14 & 15L • f ANZPORD YAP A" OF • t - PECONIC BAY ESTATES _ _ _________nu tawD•mo fTUAITD AT max:. \\ SUFFOLK COUNTY, NEW YORK figgiiirir / S.C. TAX No. 1000-53-03-13.1 • /a. i rs83'06• '.. Food ...a.44.= SCALE 1'.20' . / / _ 4+a w� FEBRUARY 4, 1917 ��y£ F / / * _ 11PRCH 30.2001 ADDED NO TURF 204E / /1 i— =---- -- 1 JAMMM'24.2002 REVISED WE PIAN �.: L r .. �, ■w WY 2002 FEBRUARY iREV42002 AIMED lSED PROPOSEO�fJWACE PROPOSED 1 14 a 10CATI0N - VtV• / / . , =' �. y2, Ar / ;/ 1.0. iia'+ --- — \ OCTOBER 23..2 S.2002 RE PROPOSED f Ea,a a �i Ai / ' ` , in 0 ii. ...... .....-- iggin / „40 EY A. vio:feyr /d ,,/ JjrTi ,..,,... i " '� ' . 'ter,.O / ./ •+• 5� & c �/ /1; / I " —. 1 I r a „ ./ " d I / 1 vs. 17PlPrlFROBERT TLD h L ROUST 17 ® %/i , t // ® / i 1 C~ BARBARA C. 141LLET LAND TITLE INSURANCE COMPANY /ilk forjr.4 IS 7ly s S i I •• / \`�` • ` • 1..:, ' I \ TEST HOLE DATA I ® a. 1 I • / \\� ` .i, .imt / / Our ME n�roorlaisrolo<of wnwnt4 IrA gm Am ow on la``. 't� \ 9 / \ ( \ ■■",moo /A\ I 1 1 \.....'........ \\ 1 ,/1150:16 \i' 4,.32. 51 TrO.me _s i i'-�a'w �.aJ. •y -.•=• os ara.■f11e1■a�i sore �T / m. 1.ELEVATIONS ARE REPEno1cED To N a vJ' 1721 DATUM ': ;o'' / ROAD` — lC.a COSTING SPOT ELEVATIONS ARE SNOWS TINS:AI - \ • •HOR,E'` ....O _ _ _ — ERIsrRa CONTOURS ARE SHOWN MUS:_...———+———— PROPOSED SPOT ELEVATIONS ARE SHOWN TIMI® A v� _ ....small . 2.FLOM ZONE normaTtg1 TAKEN FROM: 13 n 1s ftAOD Rg11RAlICE RATE YAP Mw 7N1O.7C017N Q _Q1C ws r soi1PT� ZONE AE: ESE FLOOD ELEVATOR OE UMI ED ll►�``^^''�� zo[R•: MPS of 000-TEAR 110002 PREPS OF 100-TEM P1.000 w1111 AVEIMGE • 017111 EC LESS 11514 1 FOOT OR NIM ONMMGE MFRS USS 11514 1 301YRE YM:NO WAS PR07ECIED 3 LEVEES FROM 100-WAR 8000. 1 �.■■ 'i • 3.SC.TAR LOT N.. 1000-51-03-17 WAS DRAM/MOM/RENOIR SUSTY T t n■ i W/MOWS VAN TIM.LAST DATED JANUARY 17. HN. IN ae1411:1- 1 Land Surveyor • .f 4 1 - .. !J`„,1ti 11'1.,-YYRai-in non- Oin•r.�y■/ • ' `w •' now nR11/27-sis• so 0311/27-1717 MOS Wino Al UMW ROM NA%Um.len 451E LIM 110111011 ME ►A\r nil• 111,1111116111,■.V.a MOO R1■a■a■o WO TTIN-111111 OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Emails: Linda.KowalskiATown.Southold.ny.us or Paula.QuintieriaTown.Southold.ny.us (631) 765-1809 fax (631) 765-1823 or 9064 December 19, 2002 Re: Chapter 58— Public Notice for Thursday, January 16, 2003 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. 1) Before January 3rd when possible: Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be now mailed with a map or sketch showing the construction area or variance being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, with a copy of your survey or filed site map, showing the new construction area, or map with details of your request, by Friday, January 3rd to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. 2) Before Tuesday, January 7th: When picking up the sign, a $30 check, as a returnable deposit, will be requested for each poster with metal stand (or $15 for poster only). Please place the Town official sign poster no later than Tuesday, January 7th. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, an extra sign is available for the additional front yard.) The sign(s) must remain in place for at least seven (7) days, and should remain posted through the day of the hearing. If you need a replacement poster board, please contact us. 3) Before January 7th, please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by the Post Office. (Also, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing, if possible.) If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 4) Before January 15th, after the signs have been in place for seven (7) days, please submit your signed Affidavit of Posting to our office. If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, , Enclosures Zoning Appeals Board and Staff P.S. Please be sure to pick up the poster between Jan. 2" and Jan. 7's", between 8-12, or 2:00-3:30. Thank you. , LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 16, 2003 PUBLIC HEARING NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, January 16, 2003, at the time noted below (or as soon thereafter as possible): 3:30 p.m. Appl No. 5222 - Robert & Barbara Holley. This is a request for a Variance under Section 100-33C, based on the Building Department's August 28, 2002 Notice of Disapproval for construction of an accessory garage with a front yard setback at less than 40 feet. Location of Property: 1085 Bay Shore Rd., Greenport; Parcel 1000-53-3-13.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: December 19, 2002. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (tel. 631-765-1809) LEGAL NOTICE. SOUTHOLI _ THURSDAY,IANIJPiktWar AA lb,2003 STATE OF NEW YORK) PUBLIC HEADINGS )SS: NOTICE is HEREBY e.T Lpur- suant to Section 267 of Towntbe. Law .1.1N•TY and Chapter 100_(Zoning),Code of-the .49•� „//r/ &�. '�f i<_ of Mattituck, in said . Town of Southold,.the.fadlowing,public county, being duly sworn, says that he/she is SOUTH Will be tia' R OP Principal clerk of THE SUFFOLK TIMES, a weekly TOWN BOARD OF P APPEALS at the Town Hall, 53095 newspaper, published at Mattituck, in the Town of MJanuary 16, 2003, #t Road,Southold,New York 1&the e Southold, County of Suffolk and State of New York, on Thursday, times noted below(oras soon thet after and that the Notice of which the annexed is a printed 3.30 p.m. Appl No. 5222-Robert copy, has been regularly published in said Newspaper and Barbara Holley.This is a request once each week for weeks succes- for a Variance under Section 100-33C, based on the Building Department's sively, commencing on the /7 day August 28,2002 Notice of Disapproval of 06.--e- 20G.?i • for construction of an accessory garage with a front yard setback at less than 40 feet. Location of Property: 1085 Bay Shore Rd.,Greenport;Parcel 1000.53- rinClpa) Clerk 3-13.1. ; 3.35 p.m.Appl No.5238-T.and A. Laoudis.This is a request fora Variance Sworn to before me this under Section 100-30A.3,based on the _IL 1 Building Department's September 29, day of J.e G 20 ' 2002 Notice of Disapproval concerning /� �� a proposed carport addition to dwelling a�--0`' 'a i �3 a ic I which is proposed at less than 50 feet from the front property line.Location of LAURA E. BONDARCHUK , Property:405 Kimberly Lane,Southold; Notary Public, State of New York Parcel 1000-70-13-20.35. No 01606067958 3:45 p.m.Appl.No.5051-Cliff And � Qualified in Suffolk County 65.ii Phil's Lobster House.(This Hearing is My Commission Expires Dec.24, 20.— limited to New York Town Law's stan- dards pertaining to Use-Variances and ;'oning Board's evaluation, questions, and/or request for information pertain- ing to a reasonable financial return on this property.) Based on the Building Department's Notice of Disapproval issued November 13, 2001, amend- ed/updated October 22,2002,applicant I 1 requests zoning determinations for: (a) an Interpretation under Article XXIV, i Section 100-243 to Reverse the Building Department's determination which states that the proposed addi- tion/alterations to an existing restaurant establishment is not permitted in a Residential R-40 District,or alternative- 1 ly a Variance authorizing the proposed addition to the existing restaurant, a nonconforming use in a nonconforming building; and(b) a setback variance is also requested under Section 100-244B for an addition to the existing building which will be less than 40 feet from the front property line., Location of ' Property: Corner of the east side of Kenny's Road and the south side of _ North Sea Drive, Southold; Parcel 1000-54-5-22. 4:55 p.m. Appl. No. 5224 - Sprint Spectrum LP.This is a request for a Special Exception under Section 100- 162A.1 regarding the proposed installa- tion of telecommunications antennas inside the existing (church) i steeple/building,located at 23045 Main . Road,Orient;Parcel 1000-18-2-22.1. The Board of Appeals will hear all persons,or their representatives,desir- ' ing to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hearing. - Each hearing will not start earlier than designated above.Files are available for 1 review during regular Town Hall busi- FFO( APPEALS BOARD MEMBERS ''�'03�1 '�C � ' O • Southold lbwn Hall Gerard P.Goehringer.Chairman ;�, 4; 6 . MINUTES SOUTHOID TOWN BOARD OF APPEALS July 9, 1970 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, July 9, 1970, at the Town Office, Main Road, Southold, New York. There were present: Messrs. Robert W. Gillispie, Jr.,Chairman; Robert Bergen, Charles Grigonis, Jr.; Fred Hulse, Jr. Also Present: Mr. Howard Terry, Building Inspector. Absent: Mr. Serge Doyen, Jr. • mum BEARING: Appeal No. 1352 - 7:30 P.M.-(E.D.S.T.), upon application of Abe Goldrich, East Broadway, Woodmere, -Hew-Yerk, for a variation irr acoordance with the Zoning Ordinance, Article III, Section 303, and Article X, Section 1000A, for permission to build new one family, dwelling with less than 100 ft. frontage. Location of property; east- side of Bay Shore Road, Subdivision Map of Peconic Bay Estates, Amended Map A, Lot Ps 1!# & 15, Greenport, New York. Fee paid $5.00. The Chairman opened the hearing by reading the application for variance, legal notice of hearing., affidavit attesting to its publication in the official newspapers, and notice to the applicant. -2- TSS CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response). THE CIIAIRPt Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAS: I might state for the record that the abandoned area to the . south and east was originally a road, and I understand from Mr. Terry that nobody knows who owns it now. There was a road down- there south and east of these two lots, just at the corner, but it has never been used. After investigation and inspection the Board finds that the applicant requests permission to build new one family dwelling with lean than 100 ft. frontage. One family dwelling will be built on area larger than required minimum and similar to other dwellings in the area. The applicant has excess of required area but is short on frontage due to abandonment and refiling of subdivision map. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED Abe .Goldrich, East Broadway, Woodmere, New York, be GRANTED approval to build new one family .dwelling with less than 100 ft. frontage. - Location of property: east side of Bay Shore Road, Greenport, New York. vote of the Board: Ayes:- Messrs. Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: - Appeal No. 1314.9 - 7'=40 P:M., upon application of George IL Smith & Sons, Southold, New York, for a variance in acoordanoe with Zoning' Ordinance, Article III, Section 307, for permission to construct addition to existing dwelling with insufficient sideyard area. Location of property: or u OFFICE OF BOARD OF APPEALS Southold Town Hall 53095 Main Road Southold, NY 11971 765-1809 tel. r 765-9064 ZBA fax. A irk*fk**** ****+Y#r***k*Yr********k**** ***Ilk* idle****** *1**************AAA**k REPLY FORM Dated: /0- -0�' £D-�t I Sd ..2.1 TO: e �..,4A-dx. A . Your application is incomplete for the reasons noted below. ( ) It is requested that the following be forwarded as soon as possible (within about 7 days, if feasible). The advertising deadline is 22 days before the meeting date and the information is necessary for review and advertising purposes. You may forward the information by fax at 765- 9064, however, please send the original by mail. Thank you. 1 The appeal was not filed within,60 days of the decision of the Building Inspector..161-a-S6'14J fl ,- mar /tom-iiK-Qao( 9-s-0 , . 4- Missing information - please see missing information checked below. Please submit all the documentation, together with information noted below. If you have any questions, please call us at 765-1809. Thank you. Information requested: 64- _ ViNotice of Disapproval issued by the Building Inspector after his/her review of this . particular project map.cto of -5-6oi. . 7Y -t rAAet eat 4tD' rnak4-o) ( ) Check payable to the Town of Southold totaling $ -tom o0 ( ) Signature and notary public information are needed. ( ) An original and six prints of the map were not included. (Preparer's name and date of preparation to be shown.) ( ) Setbacks must be shown for the subject building to all property lines, with preparer's name. ( ) Six (6) sets of a diagram showing the doors, number of stories, and average height (from natural grade). ( ) Ownership Search back to April 23, 1957 for the subject parcel and all adjoining parcels, certified by a title insurance company, and insuring the Town for$25,000. ( ) Copies of all current deeds and tax bills of the pacels back to 1,4-Other: ,/1�?J !a /m '-?LI_ /ate•bkJ fa--1 -;140 • FOR OFFICIAL USE ONLY CHE9KLIST FOR NEW PROJECTS ✓ LABEL APPL# — • ✓ ASSESSORS CARD (7 COPIES) NAME A ,, , CTY. TAXMAP (7COPIES + 1) • INDEX CARD (ATTACH OLD) TOWN LIST ALPHA BOOK RESEARCH ALPHA COPY PRIORS SIX COPIES INSPECTION PACKETS COMPLETE REF: UPDATED NEW INFORMATION /01/c Z 4/, l.;...l Ittd"rte — o eldeaf„y� CIG -° 7i 16:30A" ,_ ,J.cute tra cyvt, /Y— t zeta ,(Lc, a v o:�s�n . 4 iie e4 wig a oaa44� ': 4�a jinn � �� soda. 0 y � MINNIMINIIIIS PIPES CREEK . TOWN OF SOUTHOLD MAP OF (UNDERNATER LAND) LOT 12 , 13 , 1 4 & 15 52.50'05'= AMENDED MAP `A " OF 13'x5' 5p PECONIC BAY ESTATES 1, , '°`� FILE No. 1124 FILED MAY 19, 1933 SITUATED AT OCT 2 8 1� UNE ARSHAMOMAQUEi c) i SUFFOLK WETLANDS I Z ETMRONMENTgI pHSULnNGCMINEp By TOWN OF SOUTHOLD N �- ����� �!� �,,� �`"° LANpW�O SUFFOLK COUNTY, NEW YORK / \ sc-3 83°06' o SLAG THE gPpEDCE OH HIGH mARs S.C. TAX No. 1000-53-03-13.1 / z , f f 3 z -O-ENVIRONM MpEUN DIN THE F AS REATED '��, / / I�I. FLAG/ ;Q `\NSULTING, INC. ON DECEMB 799 • SCALE 1 "=20' .55 .�-'= / / _ oma , s' S' FEBRUARY 4, 1997 N 6�19 9g / / , —_ — _ _ \ MARCH 30, 2001 ADDED NO TURF ZONE E 't / / IIS r/ I 'II, 4 a — ' = ! - - FLAG ' b JANUARY 24, 2002 REVISED SITE PLAN p4'�$ / = W� Z. nE uNE 1 b FEBRUARY 18, 2002 ADDED LOT 14 & 15 11 51' / m�1 PER RODERICI( VAN °N P REV/°"S su MAY 22, 2002 REVISED PROPOSED GARAGE LOCATION �"2' E vNE '�' / J~ '� SHOWN —' _ REVI SEPTEMBER 5, 2002 REVISED PROPOSED GARAGE LOCATION �'-�r'‘A R 0paK / / `�` / / oo / p uYL eaNUARYR 7, ,996 \ 4 OCTOBER 23, 2002 REVISED PROPOSED GARAGE LOCATION F R,�\ g9�1- /,,11, >✓ / L g �l N. N S E I Y - / D Ilr �'C- / Ai' w5�No �i / / y� i m / \ \ ,O ,FLnc _ \0 ,� / / ISI G /$�m y / v� O IL_ w • Z /�It, Y / 1,° 1111111- i s'sr gt oPP-111011111111. :44: 0001...- ` Z 1 / , / cr O (0'..AUL / alts ,,�� i WNOA P�TE.Gcc� c t.Ir,`� / I �' 2_,,' STO,QY ^'o / I�II. noN E Iz co, J / <, FR ! SII EpGE • MARIN 2 FF /1 t�F I (:);?i, N >r� OF 0005/ / C �S US£ 'Y I Ai . FSG 0GE / /// /\ *, CERTIFIED TO: A 'li` 3 y / / i ��� / O . \ / I O • ROBERT E. HOLLEY / I 4.) BARBARA C. HOLLEY -03 / COMMONWEALTH LAND TITLE INSURANCE COMPANY 1`Ii, / ` ,,q, '�S E / S�v� 40� NO'VNE-fie SEPTIC TANK 3 ' Q- e. / a� R \ O ''°1` / �' 0 roar ZO /- . .IL_ _-.4- " 4 \ < o / � ` /a �. TEST HOLE DATA 0 all, • IP. y ` �� � R, V�d pTO Z. I / miS61.44I e ,;c). ,41 O � (TEST HOLE DUG BY McDONALD GEOSCIENCE ON JANUARY 21, 1997) �` :"'''''"-:"''':"-:'': - ' - 'I• :a e _ELEV. 5.6 0' y , _ S / At A• .......„441 lib' 6A�(71:".'. e e e'I /e . .:u..d P� 1 / / DARK BROWN SILTY LOAM (� III, _ POS r:.::::: • 3 `\ 11 ' N 'F ..•........_ p O BROWN LOAMY SILT Net—A.,\ ``L` / / , �" �� i / t.1, �•\` BROWN MEDIUM TO COURSE '�`� _ _ 36 - • 8 / EXISTING \ v, ELEV, 1.5 \��'• SAND WITH 1 Dx GRAVEL 2p �� / / , -... ///���---CESSP�f LOCATION Z •� 4.1' 'CNVk �` �� o;/ I/ / J 3 \ • GROUND WATER ,�',. �'� Imo_ / / , ,. / / / / t," V *\ ,J / TD / a \ i ri I / _�i, ` • \ TO COURSE SAND WITHWN 10% GRAVEL WATER IN O ` G / ` \ \ I I /18O.03 O — / ua i \ Y \ 14' � / Ai. - • .� FOUND \/ NO TURF ZONE - :// N �'CS 68. / ,, ` ��.�� TEST`Ol,E— f UNAUTHORIZED ALTERATION OR ADDff1ON C� \A' / TO THIS SURVEY IS A VIOLATION OF22�5��, £ 5.11' _ ��� A r 0 1' /. a J SECTION 7209 OF NE NEW YORK STATE 79 /.`: +t �J / PIPE. S i /� • _ / VDP4 s 4 - / EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING J6�32, N 79.54'00" 9.54,00 E {�FO =NG O g''E. - - ` �� e a a' .�G/ F/°J ' �/ ,0/ THE LAND SED SEAL SURVEYOR'S INKED NOT BE CONSIDEREDL OR --- \- - - °,, • . " - • -: ^ / TO BE A VAUD TRUE COPY. 6 •i e e Z. - • e 9' NOTES: - .- .• . . !- - - °e l CERTIFICATIONS INDICATED HEREON SHALL RUN n e y'" •- MD Q, ONLY TO THE PERSON FOR WHOM THE SURVEY 1 . ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM °" - �," - e / 1' 0 IS PREPARED, AND ON HIS BEHALF TO THE EXISTING SPOT ELEVATIONS ARE SHOWN THUS: '•, EN �. TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND EXISTING CONTOURS ARE SHOWN THUS: ...-- — --- —8— — — \ 0 1 TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. PROPOSED SPOT ELEVATIONS ARE SHOWN THUS: e•o 2. FLOOD ZONE INFORMATION TAKEN FROM: ti: — IN S-VREET) FLOOD INSURANCE RATE MAP No. 36103C0159 G (QUB�UC WATER AND/ORTHE STENCE OF EASEM EASEMENTSS OF RECORD, Y IF ZONE AE: BASE FLOOD ELEVATIONS DETERMINED ANY, NOT SHOWN ARE NOT GUARANTEED. ZONE X*: AREAS OF 500-YEAR FLOOD; AREAS OF 100-YEAR FLOOD WITH AVERAGE DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 100-YEAR FLOOD. 1 PREPARED N ACCORDANCE WITH THEM .IUM STANDARDS FOR TITLE SURVEYS AS , LISHED 3. S.C. TAX LOT No. 1000-53-03-13 WAS DRAWN FROM PREVIOUS SURVEY \ BY FOR USE THE L.I AND APPROVED ANDD, OPTED FOR SUCH USE BY.THE-NEW;YORK' ATE LANDJoseph A. + BY RODERICK VAN TUYL LAST DATED JANUARY 17, 1996. i TITLE ASSOCIATJOY,: ti ii;'` tl�. \ , .5„'-', - --A.N. Ari' '1/",./ '' .4:'°: 4 Land Survelfor ' \ 103 _ ' tr.,...,,L,,/,/ I S ''; ''/V LC 'i Title Surveys — Subdivisions — Site Plans — Construction Layout \ ,k 0 <O., ,1 , s� `i PHONE (631)727-2090 Fax (631)727-1727 7 ''`- ° .A��F)�-%'OFFICES LOCATED AT MAILING ADDRESS N.Y.S. Lic. No. 49668 1380 ROANOKE AVENUE P.O. Box 1931 RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 t' 4 21 -5711)1