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HomeMy WebLinkAbout3458 Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI August 18, 1986 Mr. John F. deReeder P.O. Box 558 Southold, NY 11971 Re: Appeal No. 3458 - North Road Associates Dear Mr. deReeder: This letter will confirm that the following action was taken by the Board of Appeals at its Regular Meeting held Thursday, August 14, 1986 concerning the above matter: RESOLVED, that the application in the Matter of NORTH ROAD.ASSQCIATES under Appeal No. 3458 , BE AND HEREBY IS ~~WITHOUT'PREJUDICE as requested. This resolution was duly adopted. Yours very truly, cc: Rudolpk H. Bruer, Esq. Linda Kowalski Secretary P. 0. Box 558 Southold, New York June 25, 1986 11971 Linda Kowalski, Secretary Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Dear Ms. Kowalski: Please withdraw the application pending before you in the name North Road Associates for their subdivision of four lots in Orient. The owners are pursuing a different route towards approval. Thanks for all your help. ~ely, for North Road Associates Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971 APPEALS BOARD MEMBERS GERARD Pi GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPHH. SAWICKI Notice of DetermiP. atioD, of NOI'l-Sic~Tlificarlc~. TELEPHONE (516) 765-1809 May 22, 1986 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION APPEAL NO.: 3458 PROJECT NAME: North Road Associates This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental. Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: ~X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for approval of three parcels, insufficient area, and #3 of insufficient depth. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: ROW off N/s Main Rd., Orient, N.Y. 1000-018-4-1 (1.1) ~ REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment ar.e likely to occur should this project be imple~ mented as planned; (2) The relief requested is not directly related to new construction, being a lot line or area variance. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals, Town Hall Southold, NY 11971; tel. 516- 765-1809 or 1802. ' Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. Southold, N.Y. 11971 (516) 765-1938 May 7, 1986 Mr. John F. deReeder 240 Wampum Way Southold, NY 11971 Re: North Road Associates Dear Mr. deReeder: The following action was taken by the Southold Town Planning Board, Monday, May 5, 1986. RESOLVED that the Southold Town Planning Board refer the following recommendation and-comments to the Southold Town Zoning Board of Appeals with'regard to the subdivision proposal for North Road Associates located at Orient: 1. The Planning Board recommends that this proposal be clustered in accordance with Section 100-136 of the Town Code. A cluster proposal will alleviate the need for a variance. Enclosed, for your review is a copy of the opinion from the Town Attorney with regard to the cluster proposal. 2. It was brought to the Board's attention, by Victor Lessard, this parcel sold to North Road Associates from Droskoski seems to have been merged to other contiguous property owned by Droskoski. This should be clarified in order to proceed with the proposed minor subdivision of North Road Associates. Please contact our office if you have any questions. Board of appeals enc. Very truly yours, , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD ATTORNEY AT LAW 425 MAIN STREET P, O. BO× B97 (]REENRORT, NEW YORK 11B44 B19-477-1400 April 21, 1986 Mr. Bennett Orlowski; Chairman Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: MinOr Subdivision of North Road AssOciates Dear Mr. Orlowski: I recently received a letter from Rudolph H. Bruer dated April 17, 1986, who is apparently the attorney for North Road Associates. For your information I am enclosing a copy of such letter together with the proposed minor subdivision map attached thereto. Mr. Bruer, in the third paragraph of said letter, requests that I advise the Southold Town Planning Board as to whether or not the subdivision will conform to a cluster development under the Southold Town Code. You will note in Mr. Bruer~s letter that it is proposed that lots 1, 2 & 3 will each have lot areas ranging from 40,000 sq. ft, to 74,000 sq. ft. Lot No. 4 is to have an area of 12.3 acres of which a portion is to be used by the owner as a single family dwelling site, and the remaining area is to be restricted to "Open Space" and "Agricultural Uses". It is proposed that the owners of lots 1,2 & 3 will not be granted any interest in the "Open Space Areas". No home owner's association is proposed to be created to hold title and manage the open space. I have the following comments with respect to such proposal: Section 100-136E of the Zoning Code provides that a cluster development shall be organized as one of the following: a) A homeowner's association approved by the FHA for mortgage insurance as a PUD and by the Town Board; b) A homeowner's association approved by the Town Attorney and the Town Board, ¢) Any other arrangement approved by the Town Attorney and the Town Board "as satisfYing the intent of this chapter". It would be my opinion that the third option could include an individual ownership of the "Open Space" provided that "the intent of this chapter is satisfied." The first two options envisions the creation of a homes association to hold title to the "open space'', and that each lot owner must be a member of the association and has one vote as a member of the association (Section 100-1361: (1) and (2). It thus appears that the intent of this section is that the ownership and management of the "Open Space" will be within the control of all of the lot owners. Under Mr. Bruer's proposal, only the owner of Lot No. 4 will own and have the use of the open space. The owners of Lots 1, 2 and 3 will neither have any ownership nor right to use the open space. Accordingly~ I am of the opinion that the plan proposed by Mr. not satisfy the intent of Section 100-136 of the Town Code. RWT :aa enc. Bruer will Yours very truly, ROB1:RT W. TASK1:R ATTOI~NeY AT LAW April 21, 1986 Mr. Bennett Orlowski; Chairman Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: MinOr SubdivisiOn of North Road Associates Dear Mr. Orlowski: I recently received a letter from Rudolph H. Bruer dated April 17, 1986, who is apparently the attorney for North Road Associates. For your information I am enclosing a copy of such letter together with the proposed minor subdivision map attached thereto. Mr. Bruer, in the third paragraph of said letter, requests that I advise the Southold Town Planning Board as to whether or not the subdivision will conform to a cluster development under the Southold Town Code. You will note in Mr. Bruer's letter that it is proposed that lots 1, 2 & 3 will each have lot areas ranging from 40,000 sq. ft, to 74,000 sq. ft. Lot No. 4 is to have an area of 12.3 acres of which a portion is to be used by the owner as a single family dwelling site, and the remaining area is to be restricted to "Open Space" and "Agricultural Uses". It is proposed that the owners of lots 1,2 & 3 will not be granted any interest in the "Open Space Areas". No home owner's association is proposed to be created to hold title and manage the open space. I have the following comments with respect to such proposal: Section 100-136E of the Zoning Code provides that a cluster development shall be organized as one of the following: a) A homeowner's association approved by the FHA for mortgage insurance as a PUD and by the Town Board; b) A homeowner's association approved by the Town Attorney and the Town Board, c) Any other arrangement approved by the Town Attorney and the Town Board "as satisfYing the intent of this Chapter". It would be my opinion that the third option oould include an individual ownership of the "Open Space" provided that "the intent of this chapter is satisfied." The first two options envisions the creation of a homes association to hold title to the "open space", and that each lot owner must be a member of the association and has one vote as a member of the association (Section 100-1361: (1) and (2). It thus appears that the intent of this section is that the ownership and management of the "Open Space" will be within the control of all of the lot owners. Under Mr. Bruer's proposal, only the owner of Lot No. 4 will own and have the use of the open space. The owners of Lots 1, 2 and 3 will neither have any ownership nor right to use the open space. Accordingly~ I am of the opinion that the plan proposed by Mr. Bruer will not satisfy the intent of Section 100-136 of the Town Code. RWT :aa enc. Yours very truly, ROBI~RT W. TASKER April 17, 1986 Robert W. Tasker, Esq. Main Street Greenport, New York 11944 Re: North Road Associates Subdivision northside of Main Road at Orient Dear Bob: Enclosed please find a copy of the proposed minor subdivision in the above matter. Please note that lot numbers 1, 2 and 3 are 74,000 square feet, 56,000 square feet and 40,000 square feet respectively. Please also note lot number 4 which has 12.3 acres with a residential building envelope shown on the survey. It is proposed that lot number 4 will solely own the 12.3 acres and lot numbers 1, 2 and 3 will have no rights over lot number 4 except ove~'~h~-2'5 f6ot right ~f w~y a's'show~~ on the survey. Except for the building area, the owner of lot number 4 will use the property for open space or agricultural purposes only. Based upon the above and especially noting that lot numbers 1, 2 and 3 will have no rights over lot number 4, will you please advise the Southold Town Planning Board, who are awaiting your response, whether this conforms to a cluster development. Thank you very much for your consideration in this matter. Best regards. RHBfcas cc: S. Sanders J. deReeder Edward A. Linker 985 Southview Drive Orient, NY 11957 February 27, 1986 Mr. Gerald Goehringer, Chairman Zoning Board of Appeals, Town of Southold Town Hall, Main Road Southold, NY 11971 Re: North Road Associates Petition Dear Mr. Goehringer: Since 1973 we have enjoyed owning a house in Orient-By-The Sea, Orient, with an unlimited water view to the east -- Plum Island Light, New London, Gardiner's Island. After retiring in late 1982 we began looking for property on which to build a larger house and hopefully with a similar view. We felt we were very lucky when we found one such lot in late 1983 -- a high elevation lot -- overlooking Orient farmland, Gardiner and tlallock Bays, South Fork in distance and Montauk Point with its flashing light at night. Last July construction was completed and we moved to our new house. Recently we received the Notice to Adjacent Property Owner which is enclosed regarding the subdivision of the farm directly south of us by North Road Associates. We paid a large premium for our lot because it has the view -- a truly magnificent view! We paid $65,500 for only 1/2 acre - because of the view it gives us. We estimate the price we paid to be about twice what it would have been in 1983 without the view. The present North Road Associates proposal not only asks the Board to allow less than 2-acre lots, it also locates them in a cluster along the Brown's Hills line in such a way as to threaten our view with a row of houses directly below the line-- and one directly in line with our house. (Note N.R.A.'s extension of our N/S lines.) My wife and I feel, however, that it is all okay with us providing we can get some relief from the possibility of a structure being built as close as 35 feet to our line and/or so high that it would be in the line of our view. Should this happen the value of our home and the value of the investment ($300,000+) we made would be seriously harmed. (Note close proximity of our house - 10' to deck - on our survey map enclosed.) Our lot is the inside lot in SW corner of Brown's Hill Estates with 15' access to Southview Drive. We submit: If Board would be able to set about a 135' building set-back restriction for North Road Associates lots #1 and #2, that might do it for us. Another thought is to restrict the height of any structure -- to say 75'-80' above sea level or such height that does not hamper our view and therefore causes irreparable damage to us by lowering the value of our home and investment. Page 2 Perhaps if a different general layout is considered, along with full 2-acre minimum lots, the location of structures would be farther apart and not clustered along the Brown's Hills south line. Finally, we are extremely concerned that disturbance of the land too close on the hill below us will cause a serious undermining situation and land erosion problem for us. The hill area extending some 125' south of our line is well stabilized with natural wooded cover providing strong and abundant root structure on this relatively steep grade below the drop-off bank at our line. This drop-off dates back many years and is also well stabilized with natural growth and without which it would require some type of retainment structuring and with it we'd lose the natural beauty it now has. Great concern and care was given by us when designing and building our house to position it and to grade in such a way as to minimize run-off and not disturb the natural growth and profile of the drop-off area and adjacent hill area. We feel that preservation of all the land as it now is some I10' below our line, should be given serious consideration in any subdivision plan approved by the Board. In addition to set-back restrictions, limitations on usage should cover swimming pools, cabanas, animal pens, out-buildings, etc. in this area. GREENBELT The set-back areas above Lots #1 and #2, restricted as mentioned above, will in effect create a Greenbelt buffer across the entire north end of the N.R.A. subdivision by extending the separation already in place by the deeper Johnson property. The Greenbelt could be an important added feature for the developers of the N.R.A. subdivision bringing increased values to the entire project ... Country Estates area with planned Greenbelt separation from neighboring property owners. We hope the above thoughts and views are seen as constructive and not an expression to delay or obstruct the North Road Associates proposal. Development of the Orient farms seems to be the wave these days and we respect the rights of all parties involved and wish to cooperate. We especially express our appreciation and commend North Road Associates for the basic ideas and limited number of dwellings proposed in their plan. hope the Board can consider our request for relief as reasonable and responsible. Page 3 We are not certain we'll be in Orient when a Board meeting is held; therefore, we request that this letter and enclosures become part of the record and read at meeting. Please send notice of date of meeting when scheduled to us at address below. Sincerely yours, Edward A. Lifiker ' Doris E. Linker Please contact at: 5587 N.E. Gulfstream Way Stuart, FL 33494 Phone: (305) 225-2052 Note: Linker Lot - Suffolk Co. Tax Maps 1000-013-3-5.1 Notice to Adjacent Property Owner - Jan. 20, 1986 Copy of N.R.A. Minor Subdivision Map Copy of Linker Property Survey Map Copy of Celic Estate Agents, Inc. letter, Jan. 20, 1986 f l~.l?l NOR. TH ~Ok~O ~ . 012, t,C. N'iT, N. 40.000 "(- . ~ e," BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ot the Petition of Nort]~ Poa,] Associates to the Board of Appeals of the Town of Southold TO: Mr. and Mrs. Edward A. Linker 7 Joanna Way Summit, New Jersey 07901 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle oho±ce] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasfotlows: #q7'~'~ ,~,~, ,,o.~,~-~- ~oad, '~,.~, ~:e~ Y .....~ ~ more or less~ formerly hmlnn~ng tn Mr. and Mrs. .Triumph Droskoski; Suffolk County Tax Map ~1000-018-04-001.1 3. That the property which is the subject of such Petition is located in the following zoning d~strict: 4. ThatbysuchPedtion, theundersigned willrequestthefollowingrelief: Pcr=ission to subdivide property in four lots: three lots of approximately one acre and a fourth lot of approximately 12 acres. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article I Sect/on 186-20, AtLi~ie iii, Suction i~0-31 [ ] Section 280-A, New York Town Law for approval of access over ri§ht(s¥-of-way. 6. Thai within five days from the date hereof, a written Petition requesting the relief specified above wilt be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the Dated: January 20, 1986 Petitioner Owners'Names: Jnhn Post Office Add~;ess ~ !n "~ 558 ,MA,m, q,~ ~,~o,-~7-Y .S LII~'VE Y$ D I tti¢ ii,lents, Jn¢. · ¢h¢ P ¢altors ' MAIN ROAD a~d MARLENE LANE MAIN ROAD P.O. BOX 786 P.O, BOX 640 MATTITUCK, NEW YORK % lg52 GREENPORT, NEW YORK 11944 516 · 298-8000 516 - 477-9400 January 20, 1986 Dear Mr. and Mrs. Linker: I represent North Road Associates re§arding the subdivision of their 17 acres in Orient into four lots. This property is directly south of your home in Brown's Hills. Enclosed please find your Notice to Adjacent Property Owner as required by the Southold Zoning Board of Appeals. Please refer to the copy of the map enclosed. Lot #1, directly in front of your home, has been purposefully configured to meet Health Department standards after releasing ownership of the northerly 16500 square feet. Should this parcel be merged with yours, it would add about 110 feet of depth to your rear yard and protect your views forever. Please feel free to contact regarding this subdivision. yOU soon. John F B~oker G~een[ · de Reeder associate ~c't office me for further information I look forward to hearing from UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE 127 East Main Street~ Riverhead, New York 11901 March 14, 1986 Stanley A. Pauzer~ District Manager Suffolk County Soil & Water Conservation District 127 East Main Street Riverhead, New York 11901 Dear Start: At your request I have reviewed the proposed cluster-type development referred There are three soil types present on the property as shown on the enclosed soil map. Haven loam, 0 to 2 percent slopes (HaA) comprises approximately two-thirds of the parcel and is located within the proposed open space area. This soil consists of deep, well drained medium textured soils with a pro- file of 25 to 30 inches of loam and gravelly loam over loose sand and gravel. This soil is well suited to crops cormnonly grown in the County. The hazard of erosion is slight due to the relatively flat slope. The available mois- ture capacity is high to moderate and natural fertility is low. The response of crops to lime and fertilizer however, is good. If the intent is to use the open space for agriculture, the applicant has reserved the most desired location for this purpose. Haven loam~ 2 to 6 percent slopes (RaB) and Montauk fine sandy loam 8 to 15 percent slopes (MfC) make up the remainder of the property where the house lots are proposed. The Raven soil is similar to that described for Raven loam 0 to 2 percent slopes. The major difference being the slope~ with the hazard of erosion being moderate. Montauk fine sandy loam 8 to 15 percent slopes is found on the northern portion of the property. The profile of this soil is made up of fine sandy loam and loamy sand to a depth of 60 inches. A cemented layer is found at a depth of approximately 27 inches and may extend to a depth of 40 inches. This layer is referred to as a fragipan. When dry it is very hard. When moist~ the fragipan tends to rupture suddenly if pressure is applied. The layer restricts water movement downward. The hazard of erosion is severe due to the steep slope. The major limitation associated with the development of this parcel is the erosion hazard. Great care should be taken du~ing and after construction Stanley A. Pauzer - 2 - March 14~ 1986 to prevent erosion from occurring. The following practices should be implemented to accomplish this. First, there should be minimal disturbance of native vege- tation during and after construction. All exposed soil areas should be seeded to temporary vegetation during construction. Select a species from Table i1.4 attached. Secondly, after construction and grading have been completed, all ex- posed lawn areas should be seeded according to the standard for Seeding Permanent Vegetative Cover attached. Mulching is very important and should be required for all seedings to retain moisture and help prevent erosion. The easiest and most cost-effective method of mulching would be to hydroseed the areas to be planted. Wood-fiber or paper- fiber mulch material can be used at a rate of 1500 pounds per acre or 35 pounds per 1,000 square feet. There is a natural drainageway or waterway traveling directly through lot number 2. It continues south in close proximity to the west property line~ eventually deposit- ing runoff onto Route 25. The construction of houses and paved surfaces will in- crease the amount of runoff entering this area. The building envelope for lot 2 should be located to the east or west of this drainageway. Construction within the drainageway will cause considerable problems related to flooding of the house, interruption of natural flow of runoff and cause significant erosion problems. The drainageway should be shaped and seeded to permanent grass and protected from vehicular traffic before any construction begins. With proper grading a portion of the waterway could be located parallel to the proposed right of way and maintained in permanent grass. Consideration should be given to providing a suitable outlet for the runoff at the south end of the property such as a recharge basin~ to prevent runoff from depositing onto Route 25. The waterway should be designed to handle the peak runoff from a 10 year frequency 24 hour storm duration or 5 inches of rainfall in 24 hours. The following seeding mix should be hydroseeded onto the waterway~ Tall Fescue 30 lbs per acre or 0.7 lbs per 1000 sq. ft. Creeping Red Fescue Perennial Ryegrass (Spring or Surmner) Spring Oats OR 30 lbs per acre or 0.7 lbs 8 lbs per acre or 0.2 lbs 32 lbs per acre or 0.75lbs per 1000 sq. ft. per 1000 sq. ft. per 1000 sq. ft. Fall Seedings Winter Rye 56 lbs per acre or 1.3 lbs per 1000 sq. ft. Straw bale sediment barriers should be installed across the entire width of the waterway after grass planting to reduce the erosive velocities of runoff during grass establishment. On the steeper sloping area~ bales should be placed every 100 ft. Where the slope flattermout the barriers will not be necessary (see standards). The four houses should be required to install gutters and downspouts to collect and dispose of roof runoff water into drywells. The standard for Roof Gutters attached should be followed. If these measures are implemented, problems associated with erosion should be minimal. Stanley A. Pauzer - 3 - March 14, 1986 The Montauk fine sandy loam has severe limitations for sewage disposal fields. The fragipan restricts downward movement of water and may cause problems. The depth of the fragipan should be located and the septic systems installed below it. If I may be of further assistance with this project, please let me know. Sincerely, Allan S. Connell, District Conservationist Attachments SEEDING PERMANENT VEGETATIVE COVER STANDARD Definition Establishment of long term stands of perennial vegetation by seeding exposed soil. Purpose Long term soil stabilization and erosion control. Applications On exposed soils of construction sites, subdivision developments or cleared or regraded areas, where a long lived grass or grass-legume cover is required. Sites are usually in or near populated, recreation or traffic areas. Both high and low maintenance plantings are provided. Follow Std. 21 for areas that have been excavated deeply, exposing coarse sterile sands, hardpan or gravel. Methods and Materials Site Preparation 1. Install needed erosion control practices such as interceptor dikes, barriers and spreaders~ contour scarification, control channels and sediment basins~ and traps. 2. Grade as needed and feasible to permit the use of conventional equipment for seedbed preparation, seeding, mulch application, anchoring and maintenance. 3. Scarify all compacted soil areas before applying topsoil. 4. Apply topsoil, re Std. 12, and Table 12.3. Seedbed Preparation 1. Lime topsoil to pR 6.5 unless the natural soil is above pH 6.0. 2. Apply fertilizer uniformly over the area as follows~ a. For "tall grass" areas (iow maintenance) apply 30 lbs. per 1,000 sq. ft. of 10-10-10 or equal. b. For short grass areas that are to be mowed regularly, apply 30 lbs. per 1,000 sq. ft. of 10-10-10 or equal. c. For tall legume-grass mixture areas (low maintenance) apply 30 lbs. per 1,000 sq. ft. of 5-10-10 or equal. 3. Disk harrow, rotary till or otherwise mix the lime and fertilizer with the top 3 inches of soil. On sloping land, final field tillage before seeding shall be on the contour wherever feasible. Planting sites shall be reasonably smooth, the soil moist, but not wet and the final surfaco froo of cinders, clay lumps, trash, coarse plant parts~ and stones over 1~" diameter. 4. Areas to be seeded to short grasses and later mowed~ shall be smoothed to necessary fine grade, raked to remove debris, and seeded with a packer seeder using the appropriate seed mixture (below). Seedin8 1. Apply seed unJf¢,rmly by hand, cyclone seeder, drill, cultipacker seeder or hydro-seeder (slurry including seed and fertilizer). Hydroseedings which are adequately mulched, may be left on the soil surface. 2. Where feasible, except where either a cultipacker type seeder or hydroseeder is used, the seedbed shall be firmed following seeding operations with a roller, or light drag. Seed on the contour on slopes over 5%. 3. Inoculate legume seed with two times the minimum amount of nitrogen fixing bacteria culture recormnended for that legume. Use carbonated soft drink or equal as a sticking agent. Seed within 8 hours of inoculation or repeat the inoculation. Plant Lathco flatpea with a drill at 1~" depth. Ideal depth for tall fescue is ~ inch. Cover other recon~nended materials with about ~ inch of soil. Flatpea may be drilled into weak sod. The following seed mixtures and planting dates are recormnended. Alternative mixtures and dates are available from the Soil and Water Conservation District. 5e TABLE 10.3 PERMANENT SEEDINGS FOR DISTURBED AREAS SEEDING RATES SEEDING DATES SPECIES PURE LIVE SEED Mar. 15 May 15 Aug. 15 Per Acre May 15 Aug. 15 Kentucky 31 Tall Fescue ~/ 60 lbs. x x Redtop ~/ 10 lbs. x x Weeping Lovegrass ~/ 5 lbs. (After) x - Redtop ~/ 10 lbs. (4/15) x - Kentucky Bluegrass ~/ 30 lbs. - x Creeping Red Fescue 30 lbs. x Redtop ~/ 10 lbs. x Hybrid Ryegrass 20 lbs. ~ x Weeping Lovegrass 5 lbs. x x Redtop ~/ 10 lbs. x x Sericea Lespedeza 4/ 5/ 25 lbs. x Lathco Flatpea ~/ 30 lbs. x - Kentucky 31Fescue 60 lbs. x - Use for dry to damp areas. May be mowed or left tall. Can be surmmer seeded if it is mulched or irrigated. Withstands moderate traffic and shade. Lovegrass and Redtop have very fine textured seeds. Do not mix their seeds with other species. To seed, add sufficient bulk (sand, sawdust, or cornmeal) to make 100 lbs.of seeding material per acre. Use for mowed, fertilized lawn areas, grass waterways, diversions, etc. Use for coarse legume grass cover, sun or shade, giving good site dominance and long term minimum maintenance. Mow in late spring if weeds invade the new seeding. Weeping Lovegrass is occasionally killed by unusually cold winter terperatures. However, its ability to survive drought, a rough seedbed and summer seeding must also be considered. ~ Do not seed in this time period. TABLE 11.4 TEMPORARY SEEDINGS AND SEEDING DATES SEEDING DATES SPECIES SEEDING RATES-PURE LIVE SEED Mar. 15 May 15 Aug. 15 Per Acre Per 1,000 Sq. Ft. May 15 Aug. 1 Oct. 15 Barley ~/ 2~ bu. 2.75 lbs x x Wheat 2~ bu. 3.50 lbs x - x Rye 2~ bu. 3.25 lbs x - x Ryegrass; 50 lbs 1.2 lbs x By 9/10 Annual~ corm~on Winter Oats ~/ 5 bu. 4.00 lbs x Spring Oats 5 bu. 4.00 lbs x x Weeping Lovegrass 10 lbs 0.25 lbs x Redtop ~/ 15 lbs. 0.40 lbs x x Cereal grains must be drilled, disked lightly, or otherwise covered if they are broadcast seeded. Irrigation of freshly tilled and seeded soil may be approved by the engineer~ in lieu of other seed covering methods. Weeping Lovegrass does not require mulch. Tall grass - low maintenance cover. Add bulk (sand, sawdust, cornmeal) when seed- ing. Mulch not required on scarified soil in cool weather. Do not mow. Tolerates droughty situations. Do not seed in this time period. ROOF GUTTER STANDARD Definition A graded channel, installed along the drip edge of a sloping roof to collect and dis- pose of roof runoff water. Purpose When used with seepage pits, re Std. 71~ to reduce drainage loads on storm sewers; to increase recharge to the groundwater aquifer; to reduce or prevent concentrated over- land flows which cause soil erosion~ flooding~ or excess loads to waste treatment systems. Applications For control of roof runoff in feedlots, farm headquarters areas and residential sub- divisions. Does not apply to industrial cormnerciai or other large roof area structures. A. Materials Methods and Materials Aluminum gutters having baked enamel exterior finish or equal, made of 0.027 inch or heavier metal shall be installed unless alternate materials are accepted by the approving agency. Minimum size shall be 5 inch or wider box type gutters. Fittings and downspouts shall be of similar material of appropriate dimension. Salt laden fog, mist and spray can cause gutter damage throughout Long Island. Uncoated aluminum and ordinary galvanized metals are not recommended. Wooden gutters may be approved where durability and capacity are assured. B. Gutter Support Box type aluminum gutters shall be given continuous backing support having an approximately vertical face, and if made of wood, having protection from roof run- off dampness for the entire length. Where needed~ as on open ended rafters, a wedge shaped stringer can be installed parallel to the roof edge for gutter support. Rafters with unsound ends shall be replaced or paralleled. C. Installation Gutters shall be installed so as to have not less than one inch of evenly distribu- ted pitch toward the downspout or outlet for each 12 feet of length or run. Gutters are to be securely mounted using fastners that are compatible with gutter material. Aluminum gutters shall be installed with aluminum spikes and ferrules driven into sound rafter ends at 24 inch or closer intervals. Gutters shall not be mounted with hangers that depend on the roof or roof edge for support. D. Downspouts Downspouts shall be so located that none shall drain more than 1,000 square feet of contributing roof area. Downspouts shall be securely attached to the building for both vertical support and mechanical protection. Drainpipes Drainpipes consisting of underground pipes leading from do~spouts to drywells or other disposal points shall be as follows: 1. Where no vehicular traffic is expected, 4 inch or large diameter PVC pipe meeting Standard ASTM-D-2729 shall be installed with a grade to the outlet of not less than 1 inch per l0 ft. 2. Where vehicular traffic is expected, including roads, drives, access lanes, parking or loading areas, 4 inches or larger diameter or larger pipe shall be laid with a grade to the outlet of not less than 1 inch per 10 ft. 3. Inlet risers shall be of like materials and shall extend at least 6 inches above final grade at the entry point of the downspout. Manufactured tight fitting elbows, couplings and other fittings or equal shall be used. STRAW BALE SEDIMEN? BARRIERS :' STANDARD Definition temporary barrier of fixed straw Or other bales with a life expectancy of 6 months or less, installed across or at the bottom of a slope. Pur~o.p.e. To intercept and detain small amounts of sediment from unprotected slopes of limited size. To disperse or spread overland flows. To protect new seedings. To filter storm runoff. ~pplicat ~'ons The straw bale barrier is used: 1. At storm drain inlets, across minor swales, as training dikes, along property lines. '-~-~ 2. Where there is little or no concentration of water in a channel or other drainageway above the barrier. 3. Where contributing drainage area is less than 1/2 acre and the length of slope above the barrier is less than 100 feet. The practice may &1so be used for a lone single-family lot if the slope is less than 15%. The contributing drainage area in this instance shall be less than 1 acre and the length of slope above the barrier shall be less than 200 feet. Area and interval criteria may be doubled on ~ hydrologic group soils, and on sandy subsoils. · Design Criteria A design is not required, but location and extent shall be shown. All bales shall be placed on the contour and shall be either wire bound or nylon string tied. Loosely tied or oddly shaped bales may not be used. Inspect for van- dalism. Alignment shall be exactly on the contour. At each end, two or more bales shall be laid up the slope to contain the runoff. Straw bale barriers that are over 100 feet long require subdivision into a series of shorter impound- ments. ~NY-Nassau/Suffolk ~./77 Straw Bale Sediment Barriers Angle first stake toward previously laid bale~----_~ ST~W BALE SEDIMENT BARRIERS ~BEDDING DETAIL Flow 2 re-bars, steel pickets, or 2" x 2" stakes 1 1/2' to 2' in ground ANCHORING DETAIL Construction Specifications 1. Bales shall be placed in a row with ends tightly abutting the adjacent bales. 2. Each bale shall be embedded in the soil a minimum of 4". 3. Bales shall be securely anchored in place by stakes or re-bars driven through the bales. The first stake in each bale shall be angled toward previously laid bale to force bales together. 4. Inspection shall be frequent and repair or replacement shall be made promptly as needed. 5. Bales shall be removed when they have served their usefulness so as not to block or impede storm flow or.drainage. SBSB Standard Symbol ~ ~ ~ * Drainage area less than 1/2 acre. U. S. DEPARTMENT OF AGRICULTURE I SOIL CONSERVATION SERVICE Riverhead, ~ Straw Bale Sediment Barriers Standard Drawin~ 38.2 /NY-Nassau/Suffolk $/77 COUNTY OF SUFFOLK PETER F. COHALAN SUFfOlK COUNTY eXeCUTIVE SOIL AND WATER CONSERVATION DISTRICT March 14, 1986 Gerard P. Goehringer~ Chairman Southold Town Board of Appeals Main Road Southold~ New York 11971 Dear Mr. Goehringer: At your request, I am forwarding to you a report prepared by Allan Connell, USDA~ Soil Conservation Service on Appeal No. 3458 - North Road Associates (Orient Property). If you need any further information or have any questions~ please contact me. Yours trulys Stanley A. Pauzer~ District Manager Enclosure 127 EAST MAIN STREET RIVERHEAD, NEW yORK 11901 (5 I 6} 727-231 ~ Post Office Box 558 Southold, New York May 5, 1986 11971 Linda Kowalski, Secretary Zoning Board of Appeals Southold Town Hall Main Road, Southold, New York 11971 Dear Linda: Enclosed please find items you need for your file re. the North Road Associates appeal. As well, please find enclosed a copy of a letter to Mr. Stanley Pauzer of US Soil and Water Conservation Service. I believe that these items complete the application. Please let me know if I can provide you with further information or how I can be of further help to you. Thank you for your help. er, on behalf of North Road Associates encl. "REASON FOR APPEAL" (7 copies) title insurance policy endorsement reference easement recorded 11/20/85, L9911 P312 affidavit re. Celic Estate Agents, Inc. March 11 correspondence to Mr. Stanley Pauzer 1000 Diet. U4 %~;.;' ~.~ inceud.d ru ~ ch..d, pr..i.., cunv.-v.d ro C..rty o, Ct. ,ir,c parr by ~ de,cried pro.try: A~Z l[~t certain pi.,t, piece ~r p~rce{ .,t Laud. oitu~te, iyinl~ ~l.d bernd d,,llar and ,,t~r a,,,~ and vdJuabJe consideration, tn him in ~d ~ld by the ~rty "Parce~ I' a~ve. fr~ the s~,utbrly ~un~ry of 'FIrcel Il~ to tb hah Road, IN MITMLJS R{JSRIOF, the p~rty of tho liter p~rt oet btm {~td ~e the · otary Public COMM Al New Yo~ New York ENDO] ~SEMENT Attached to and made a part of Commonwealth L; )NWEALTH LAND INSURANCE COMPANY :eliance Group Holdings Company Title #S85187 ~d Title Insurance Company,Policy No. DEED RECORDED 11/8/85 IN REEL 99]l, PAGE 315 MORTGAGE RECORDED 11/20/85 IN REE~ 11187, PAGE 26 EASEMENT RECORDED 11/8/85 IN REEL! 9911, PAGE 312 606-130944 (H469187:) Nothing herein contained shall be construed as extending or changing the effective date of said pOltC~, unless otherwise expressly stated. Signed and sealed this 25th ' day of November , 1985 Au~ls~d V~IM~ Si~mr~ Commonwealth Land Title Insurance Company,' : State of New York) ) County of Suffolk) ss.: John F. deReeder, being duly sworn, deposes and says: I act as agent for North Road Associates in the subdivision into four lots of seventeen acres owned at Orient, New York. Because I may make application to and appear before the Southold Zoning Board of Appeals, I am providing the following disclosure: I am a licensed real estate broker associated with Celic Estate Agents, Inc., of Mattituck, New York. Gerard P. Goehringer, Chairman of the Zoning Board of Appeals, is also a licensed real estate broker associated with Celic Estate Agents, Inc., and Linda Kowalski, Secretary to the Zoning Board of Appeals, is a real estate salesperson whose license is held with Celic Estate Agents, Inc. Sworn to before me this 2~- day Notary Public of/~ , 1986 DAVID c. CREATO Notary Public, St~t~ of NM YoPz No, 48344~1 Qualified in ~ffolk County Commis~io~ Expires Ms~h ~0, 19~7 Post Office Box 558 Southold New York 11971 March 11, 1986 Mr. Stanley Pauzer, Manager Soil and Water Conservation Dist%ict 127 E. Main Street Riverhead, New York 11901 Dear Mr. Pauzer: I represent North Road Associates, a partnership subdividing seventeen acres into four lots ia Orient. A letter sent to the Southold Zoning Board of Appeals by an adjacent property owner has raised a question regarding the suitability of part of this property for building. ~s a result of this letter, the ZBA has asked your office fox an evaluation of the soil conditions in the affected area.· I would like to place at your disposal some particulars relative to this subdivision apPlication. Please find enclosed the following documents, sent by Mr. Edward A. Linker, of New Jersey, Florida, and Orient, to the Southold Planning Board and Zoning Board ~f Appeals: 1) 3-page letter dated February 27, 1986 2) Notice to Adjacent Property Owner dated January 20, 1986 3) photocopy of portion of minor subdivision map 4) photocopy of survey of L~nker property 5) letter to Mr. and Mrs. L~nker dated January 20 As well, please find a certifiedl survey of the minor subdivision sketch map, revised ~n January 29 by request of the Southold Planning Board. Briefly, North Road Associates o~iginally planned to divide this property into lots of approximately 8, 4, 2, and 2 acres. At the request of the So~thold Planning Board, they have Clustered the dwellings together to conserve open space. Additionally, they have made detail changes in the map to accomodate Planning Board requests made over the last several months. To best utilize their p~operty, they have arranged the subdivision to take advantag9 of its view of Gardiner's Bay. Any clustering downslope from the north end of the property significantly compromisgs their view and brings residences nearer to the junkyar~ at the south end of the property. The owners of this property have patiently accomodated the concerns of the Town and the community regarding this subdivision. They are anxious to he good neighbors, but they remain firmly committed to using their property appropriately and to its best advantage. Mr. Linker's letter highlights his concerns with boldface text: his view and his value. North Road Associates shares these concerns--they, too, paid a premium price for their property because of its view. With the Notice to Adjacent Property Owner sent to the Linkers, I included a letter on' ~y agency letterhead (enclosed). The lot directly south of Mr. Linker's has bees configured to allow Mr. Linker t5 annex 16500 square feet to protect his view. Mr. Linker of course would prefer to enjoy this property by restricting its use, rather than by purchasing it at a fair value. I trust that your agency will evaluate this matter based on your expertise regarding soils a5d topography, and without regard to a neighbor's particula~ needs or wishes. Personally, I would find it difficult to discriminate easily between the utility of the North Road Associates property and the surrounding slopeside subdivisions, including the Brown's Hills subdivision in which Mr. Linker's own home is located. Rest assured, however, that North Road Associates will take precautions deemed necessary by your recommendation to preserve the integrity of the soil and slope on their property. Thank you for your time and if I can be of further help consideration. Please call on me to y~u in this matter. Sincerely, I John F. de Reeder, for North Road Licensed Real Estate Broker Steven Sanders, North Ro Rudolph H. Bruer, Esq.--~ Southold Zoning Board of Mr. Edward A. Linker Associates ~d Associates--w/ ~/ encl. Appeals encl. FOR APPEAL" The original subdivision proposal for this property conforsed in every way to Southold Zoning Regulationso The Planning Board, in order to conserve open space, has asked for a ~tcluster subdivisiont~, The map subsitted to the Zoning Board of Appeals has been designed to protect open space exactly as would a cluster subdivision, and at the sase provide a usable agricultu~al parcel of 12.3 acres. Southold Town Board of Appeals MAIN RnAD- ~)TATE RnAD 25 SnUTHnLD, L.I., N.Y, 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI March 17, 1986 Mr. John F. DeReeder 240 Wampum Way Southold, NY 11971 Re: Appeal No, 3458 North Road Associates (Variance) Dear John: Attached for you as agent for the applicant is a copy of the response received today from the U.S. Department of Agriculture Soil Conservation Service concerning the above application, Please keep us advised regarding developments. Yours very truly, Enclosure B~jqRD OF APBEALS , , (_/q~y Linda Kowalski Secretary Edward A. Linker 985 Southview Drive Orient, NY 11957 February 27, 1986 Mr. Gerald Goehrtnger, Chairman Zoning Board of Appeals, Town of Southold Town Hall, Main Road Southold, NY 11971 Re: North Road Associates Petition Dear 1,ir. Goehringer: Since 1973 we have enjoyed owning a house in Orient-By-The Sea, Orient, with an unlimited water view to the east -- Plum Island Light, New London, Gardtner's lsland. After retiring in late 1982 we began looking for property on which to build a larger house and hopefully with a similar view. We felt we were very lucky when we found one such lot in late 1983 -- a high elevation lot -- overlooking Orient farmland, Gardiner and Hallock Bays, South Fork in distance and Montauk Point with its flashing light at night. Last July construction was completed and we moved to our new house. Recently we received the Notice to Adjacent Property Owner which is enclosed regarding the subdivision of the farm directly south of us by North Road Associates. We paid a large premium for our lot because it has the view -- a truly magnificent view! We paid $65,500 for only' 1/2 acre - because of the view it gives us. Vie estimate the price we paid to be about twice what it would have been in 1983 without the view. The present North Road Associates proposal not only asks the Board to allow less than 2-acre lots, it also locates them in a cluster along the Brown's Hills line in such a way as to threaten our view with a row of houses directly below the line-- and one directly in line with our house. (Note N.R.A.'s extension of our N/S lines.) My wife and I feel, however, that it is all okay with us providing we can get some relief from the possibility of a structure being built as close as 35 feet to our .line and/or so high that it would be in the line of our view. Should this happen the value of our home and the value of the investment ($300,000+) we made would be seriously harmed. (Note close proximity of our house - 10' to deck - on our survey map enclosed.) Our lot is the inside lot in SW corner of Brown's Hill Estates with 15' access to Southview Drive. We submit: If Board would be able to set about a 135' bnilding set-hack restriction for North Road Associates lots #I and #2, that might do it for us. Another thought is to restrict the height of any structure -- to say 75'-80' above sea level or such height that does not hamper our view and therefore causes irreparable damage to us by lowering the value of our home and investment. . / Page 2 Perhaps if a different general layout is considered, along with full 2-acre minimum lots, the location of structures would be farther apart and not clustered along the Brown's Hills south line. Finally, we are extremely concerned that disturbance of the land too close on the hill below us will cause a serious undermining situation and land erosion problem for us. The hill area extending some 125' south of our line is well stabilized with natural wooded cover providing strong and abundant root structure on this relatively steep grade below the drop-off bank at our line. This drop-off dates back many years and is also well stabilized with natural growth and without which it would require some type of retainment structuring and with it we'd lose the natural beauty it now has. Great concern and care was given by us when designing and building our house to position it and to grade in such a way as to minimize run-off and not disturb the natural growth and profile of the drop-off area and adjacent hill area. We feel that preservation of all the land as it now is some I10' below our line, should be given serious consideration in any subdivision plan approved by the Board. In addition to set-back restrictions, limitations on usage should cover swimming pools, cabanas, animal pens, out-buildings, etc. in this area. GREENBELT The set-back areas above Lots #1 and //2, restricted as mentioned above, will in effect create a Greenbelt buffer across the entire north end of the N.R.A. subdivision by extending the separation already in place by the deeper Johnson property. The Greenbelt could be an important added feature for the developers of the N.R.A. subdivision bringing increased values to the entire project ... Country Estates area with planned Greenbelt separation from neighboring property owners. We hope the above thoughts and views are seen as constructive and not an expression to delay or obstruct the North Road Associates proposal. Development of the Orient farms seems to be the wave these days and we respect the rights of all parties involved and wish to cooperate. We especially express our appreciation and commend North Road Associates for the basic ideas and limited number of dwellings proposed in their plan. hope the Board can consider our request for relief as reasonable and responsible. /w~gile not certain we'll be In Orient when a Board meeting is held; therefore, we request that this letter and enclosures become part of the record and read at meeting. Please send notice of date of meeting when scheduled to us at address below. Sincerely yours, Edwa[d A. Lifiker Doris E. Linker Please co~tact at~ 5587 'N.E. Gulfstream Stuart, FL 33494 Pho.e: 225-2052 Note: Linker Lot - Suffolk Co. Tax liaps 1000-013-3-5.1 Notice to Adjacent Property Owner - Jan. 20, 1986 Copy of N.R.A. Minor Subdivision Map Copy of Linker Property Survey Map Copy of Celic Estate Agents, Inc. letter, Jan. 20, 1986 '1 .43 r ,gUR. VEY~D J Southold Town Board of Appeals MAIN RE}AD- STATE RE}AD 25 SnUTHE}LD, L.I., N.Y, 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHR{NGER, CHAIRMAN CHARLES GRIGONiS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI March 6, 1986 Mr. Stanley A. Pauzer, Suffolk County Soil & 127 East Main Street Riverhead, NY ll901 District Manager Water Conservation District Re: Appeal No. 3458 - North Road Associates Dear Mr. Pauzer: We presently have an application pending for a proposed cluster-type division of land at a 16.886-acre site located to the north of the Main Road, 1000' south of the Long Island Sound. Applicant proposes three 40,000-74,000 sq. ft. lots as shown on the attached map dated June 21, 1985, and the construction of new dwelling(s) are proposed in the areas between the 40' and 70' elevation contours. The board has respectfully requested your assistance in assessing this project. Enclosed are copies of the subdivision proposal, County Tax Map and letter of concern and objection from one of the. property owners in the immediate area. Thank you again for your assistance and time. Yours very truly, Enclosures Linda Kowalski for the Board of Appeals Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 sr')UTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO: Southold Town Planning Board FROM: Southold Town DATE: March 3, 1986 Board of Appeals SUBJECT: North Road Associates Our Appeal No. 3458 (Variance) Please let us know whether you will be able to furnish your comments on the above matter since our advertising deadline is tomorrow morning. Thank you for your assistance. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J.DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHDLD, L.I., N.Y. llC:J?l TELEPHONE (516) 765-1809 February 21, 1986 Mr. John DeReeder 240 Wampum Way Southold, NY 11971 Re: Appeal No. 3458 North Road Associates Dear John: In reviewing the above application at our Special Meet- ing held February 14, 1986, it was noted that the parcel of 16.886 acres may be landlocked. May we have copies of deeds and other documents which would indicate the rights of access to this property from a public street? Also, please let us know whether or not you will be applying for approval of access under New York Town Law, Section 280-a at this time, or if you would prefer to apply at a later date. Yours very truly, Linda Kowalski For the Chairman APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT .J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals Iv'lAIN ROAD- STATE RDAD 2.5 SDUTHQLD, L.I.. N.Y. 1'19'71 TELEPHONE (516) 765-1809 January 27, 1986 Mr. John DeReeder 240 Wampum Way Southold, NY 11971 Re: Appeal No. 3458 - North Road Associates Dear John: This letter will acknowledge receipt of your recent appli- cation. The members of the Board of Appeals.will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling your application for a public hearing. It is requested in the interim that you proceed with the [XX] Planning Board [ ] N.Y.S.D.E.C. [ ] Town Trustees in order that they may submit their written comments or recom- mendations as early as possible. Upon receipt of their input, your application will be scheduled for the next available hear ing date. If the above document(s) are submitted by February 6th, it is expected that the public hearing would be held about the early part of March. A copy of the notice of hearings as published in the Long Island ~raveler-Watchman and the Suffolk Times will be sent to you as confirmation. Please feel free to call at any time if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN ~-~5' L~n(~a '~,owa-Tski CC: Planning Board NOTICE I~HEREBy GIVEN, I pur~uant~ ~n ~67 ~f the ~ Town ~w and ~e ~e o~ ~e ~ To~ o~ ~u~ld, ~ follo~ ~ public h~n~ will~ held by ~ the SO~HO~ TOWN ~ BO~ OF ~PE~ at ~e ', ~u~old Town Hall~ Mai~ ~d, ~u~old, NY at a ~lar ~ ~i~ ~t 7:30 p.m. on , '~ ~m. :~~ ~, ~1 ~on 1~C~2~1(4) for J~EPH -~.~ ~L ~ion ~ pla~ w~l si~ PACE~ V~m ~ ~e ~n, ~ ~ion of mo~ ~n one i~ ~i~, ~ ~, ~;)*, f~t, at 42155 M~ ~d (~a ~on 1~31, B~ ~ulm f~ .'. 20 P~c [~na), P~c, NY; ap~vM of ~i~t ~ ~ty T~ Map Di~ 1~, dep~ ~ ~ ~ ~. ~ 75, BI~ 1, ~t 14. refe~ ~ ~ ~ No. 1, 9 ~d 8:25 p.m. A~al No. ~91 - 10, M~p of ~ T~, ~N~J.G~M.S~alEx- ~u~ld, NY; ~ No. 1 1~ ~gon ~ ~g no. 10 h~ ~ ~ ~ ~;~ ~ b~ ~ ~1~ ou~ide BI~ 9, ~ 1 ~ 16. ' t~ ~a. ~on of ~ 7:~ p,m. A~ No. ~,- ' a~y: ~t No. 2, (Pen~) Minor JOYCE~E.:V~s Su~v~ion No. ~ of L.B. ~ ~, ~cle ~, Glo.r, ~u~ ~de of ~gon ~tion 1~3~, ~ ~i~ion ~ad, Cu~e; Count)' Tax ~l~~g~. Map ~ct 1~, ~en 83, age in ~nty~ ~, at ~ Bl~kB, Pa~of~t4.4,~n~in. Jac~n ~t, New S~olk,. ing4.59 ac~. NY; ~ty T~ ~p D~ 8:30 p.m. Ap~al No. 34~7 - 5. ~, Va~e ~ ~e ~ning 7:45 p.m. Ap~ No. 34~ - ~i~, ~icle IH, ~tion GREEN~RTN.Y, CONG~. ~ ~1~31, Bulk ~h~ule for a~ GA~ON OF ~HOV~ ~T- p~v~ ofi~cient ~a, width ~SSES. S~ E~p~ ~ a~ dep~ of t~ pa~ls in this the ~ng ~in~, ~icle p~ div~ion l~a~ along I~, ~on l~B)(l) for Fr. ~e no~ ai~ of M~n ~ad, mission~aa~on~d ~ient, NY; Cowry T~ Map ~blish ~me for ~li~o~, Ii- P~ Ho. 1~-1~2.5 ~d 6. br~ ~, at 1~ ~an N~ 8:~ p.m. Ap~ No. ~01 - ~ne (~a ~ ~ ~), NOH~ ~ Per.c, NY; Co~ T~ ~p SCHOEN~, V~an~s District 1~, ~on ~, BI~ ~e ~g O~ce, A~icles: 5, ~t 1. ~ (a) XI, ~ion 1~119.2(B) for ~:50 p.m. Ap~l No. 35~ - ~ion ~ I~ new build- G~EN~RT HOUS~G ~ ing ~fn ~e ~ui~ ~5' ~t- ~NCE. Va~an~ ~ ~o ~n- ' ~ck ~m wetl~ds ~a, (b) VI, ing O~inan~, ~icle Ol, ~- ~ion 1~-~ for ~mi~ion tion 1~-31 ~or ~on ~ 1~ expand non~o~ing ~ ca~ new aingleJa~ly dwells' wel~ng b~ine~ in ~is "B- wi~ i~ufficient ~1 aidey~ Light" B~lne~ ~ning District and i~ufficient ~erly 1~ along ~e ~u~ side of sideya~'~ at 13~ ~ven~ S~t, M~in ~d, (S.R. 25), G~n~, G~n~,.HY; ~poF Grin- NY;Co~tyT~ MapP~elsNo. ~ D~vi~ Park, ~t No. 36~; 1~-~-2-12, 13 and 15; ~ County T~ Map D~ct 1~, 172, 173, 174, P~nic Bay ~tion ~, Bt~k 3, ~t 16. ~s Map No. 658, and Map No. 8:10 p.m; Ap~al No. 35~ - ~CK ~EOPH~S. Va~-[ ~ ~ ~e ~ni~ ~inan~, A~AN~ J. C~P~RT A~icle XI, ~on 1~-119.2(A) OF EG~ E~SEK. for ~mi~ion ~ 1~ swim- Va~a~ ~ ~ ~g ~. ~ ~1 wi~ ~k and fence n~, A~icle XI, ~on l~- en~u~ wi~in 1~' of bluff 119.2(B) for ~ion ~ 1~ ~ alo~ ~ng ~d ~und, at at~ d~k and ~ ~1~ 22~ ~ ~ve, G~n~, lng ~nks wi~in 75' of h~h NY; ~t No. 118, Map of E~ wa~r ~d b~ead, at 621~ Sho~, ~tion 4, County Tax Main ~d, ~old, NY; Map P~I No. 1~0-33-1-16. Cowry T~ Map P~I No. ~f 9:10 p.m. Ap~l No. 3458 -: 1000-~-2; ~w~ Hom~. Inc. ," NORTH RO~ AS-~ ~ edMapno. 535,~l-gi~u. 8~TES. Variance ~ theL sire. ~ Ordinal, Article / ~:15 p.m. Appel No. ~16: ~on 100-31 (or A~icle XIII,~ GRE~HEN HEIGL ~ ~on 1~-136(E)) for approval from ApNI 3, 1~). of ~ p~ls having insuffr- 8:20 p.m. Appel No. 3493 - cient area, and pm~ Parcel WELl~ PO~I~ No. 3 ha~ng insufficient deplh, LAC. Varian~ ~n~ l~at~ on priva~ right-of-way Ordinance, A~icle ~; (a) ~- off the no~h side of Main ~ad tion 1~-60(C)(2)(a) ~'~s. (S.R. 25), Orient, NY; Count~ sion ~ erect ~und si~ exc~- , ' T~ Map Pamel No. 1000-018-4- ing maximum 6'6" height re~ ~. 1 (1.1L quirement, and exce~ing height ~ ~e B~ 0lAp.als will hear require~nt of .15'6" frgm ,. ~. Wfi~n ~en~ may .~ ~ s~mit~ p~or ~ ~e ' ~ion of~ heaHng in que~- ~on. For mom infection,. pl~ ~11 7~1~ (alt. 1~2). ' Da~: Ap~ 16, 19~. ' BY O~ER OF ~ ~- OLD TO~ BO~ OF APP~ GE~ P. ~EH~INGER,. STATE OFNEWYORK ) ) SS: COUNTY OF SUFFOLK ) Heather Cusac]~ of Greenport. In said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMI:S. a Weekly Newspaper. published at Greenport. in the Town of Southold. County of Suffolk and State of New York. and that the Notice of which the annexed is a printed copy. has been regularly published in said Newspaper once each week for on~ weeks successively, commencing on the dayof_ May 19 86 ' 15 Principal Clerk Sworn to befor..e me this ~ day of. .//ri ~,'~/(// 19~ ~ ~~/~ M~ ~ DE~ I~'/~ ~ ~NOTA~ PUBLIC. ~ d ~ York I / TPrm Expir~Februa~/]9~ NOTICE OF '~GS NOTICE IS HEREBY GIV- EN, pursuant tO Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southuld, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, MAY 22, 1986 and as follows: 7:35 p.m. Appeal No. 3399- JOSEPH AND ANN PACELLI. Variance to the Zon- ing Ordinance, Article III, Sec- tion 100-31, Bulk St~edule, for approval of insufficient area, depth and width of three parcels referred to as Lots No. 1, 9 and 10, Map of Bayside Terrace, Southold, NY; Lot Nb 1 located along the south side of North Bayview Road, and Lots No. 9 and 10 located along the eastside of Summer Lane; County Tax Map District 1000, Section 78t Block 9, Lots I and 16. 7:40 p.m. Appeal No. 3492- JOYCE TESE. Variance to the Zoning Ordinance, Article III, Section 100-32~, for permission to locate accessory three-car gamSe in frontyard area, at 800 Jackson Street, New Suffolk, NY; County Tax Map District 100~, Section 117, Block 10, Lot 5. 7:45 p.m. Appeal No. 3498- GREENPORT N.Y. CON- GRI~GATION OF JEHOVAH WITNESSES. Special Excep- tion to the Zoning Ordinance, Articte Ill, Section 100-30 (B)[2] for Permission to construct ad- dition and establish same for re~0us, h'brery use, at 1345 In- dian Neck Lane (a/k/a 50 Spring Lane), Peconic, NY; County 'lhx Map District 1000, Section 86, Block 5, Lot 1. 7i50 p.m. Appeal No. 3504- GREENPORT HOUSING AL~LiANCE. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to Io~tte~ new single-rarely dwelling with insufficient total sideyards and insufficient northerly sideyard at 1300 Sevengh Street, Greenport, NY; Map of Green- portDriving Park, Lot No. 369; County ~ Map District 1000, Section 48, Block 3, Lot 16. 7:55 ~.m. Appeal No. 3~00- NORMAN,q~.ICH. X~riance to III, Section 100-31, Bulk Schedule for I~rmission to coa- sttuct deck addition with insuf- ficient rearyard ~etback at 655 Cedar Drive, East Marion, NY; County 'lhx Map District 1000, Section 22, Block 2, Lot 41. 8:~0~* P.mr App, e.a],,.No. Bl~,LO]~O.Variaoce ing Ordinance, Article Ifil Sac- tion 100-32 for permission to locate accessory garage/storage building in frontyard area at 7455 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 59, Block 6, Lot 8. 8.'05 p.m. Appeal No. JOHN M. KERBS. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Sehed- tile, for approval of insufficient area of three parcels in this pro-. posed four-lot minor subdivi- sion located along the south side of Middle Road (C.R. Southold, NY; County ~ax Map District 1000, Section 55, Block ~3, LOt 3. 8:45 p.m:~} ~-~''~' NORTH , COUNTY OF SUFFOLK Variances to STATE OF NEW YORK ss: dinance, Articles: (a) Xl~ 100-u9.2 (B) for per~ locate new bulldin~ within~l~, required 75' Sethack fr~isi. w~lands area, Co) Vl, Patricia Wood, being duly sworn, says that sh* 100.60 for permiSsion t0 ~. Editor, of THE LONG ISLAND TRAVELER-WATC nonconforming use ofWCidin~ a public newspaper printed at Southold, in Suffolk * business in this "B-Light'* Business Zonin~ District located and that the notice of which the annexed is a printe along the south side of Malh has been published in said Long Island Traveler-Wa Road,(S.R. 25),orcCnport, NY; once each week for ................. /. ........ County Tax Map Parcels No. 1000-53-2-12, 13, and 15; Lots successively, commencing on the .,/...~. ~ 172, 173, 174, Pcconic Bay ........... Estates Map No. 658, and Map No. 1124 as Ameaded. MALONE. Variances to the Zoning Ordinance, Article: (a) III, Section 100-31, Bulk' t~ Schedule, for I~'mi~sion to con- Sworn to before me this ~ t~ struct addition with an insuffi- cient sideyard setback, and CO) ~ .C~/ XI, Section 100-119.2 (B) for ~9 .....tJ /o permission to locate addition 8:10 p.m. Appeal No. 3506- within 75' of ordinary highwater ARMANDO J. CAPPA/PO~F mark and bulkhead at 250 Blue OF EGYPT ENTERPRISES. ~/ Marlin Drive, Grcenport, NY; Variance to the Zoning Or- ,~__~ Southold Shores Map No. 3853, dinance, Article XI, Section ~c~.ffC~_~ Lot No. 3; County '[hx Map 100-119.2 (B) for permission to ............... Parcel No. 1000-56-07-21. · locate attached deck and Notary Public 8:55 p.m. Appeal No. 3497- seafood holding tanks within MARJORIE D~ PETRAS. 75'ofnighwaterandbulkhead, BARBAR~ FORBES Variance to the Zoning Or- at 62140 Main Road, Southold, [otary Public, State of New York dimmce, Article III, Section NY; County Tax Map Parcel No. No. ~06846 100-31 for permission to con- 1000-56-6-2; Lewis Homes Co., Qualified in Suffolk County stroct addition in e~cess of Inc. Filed Map No. 535, LOt 1-9 ~mmission ~xpires ~7 ~ t 19 ~ J: maximum-permitted 20 percent inciusive~ lot coverage requirement at 700 8:15 p.m. Appeal No. 3418- Koke Drive, Southold, NY; GRETCHEN HEIGL (Recessed County 'Pax Map Parcel No. from April 3, 1986). 1000-87-5-006. 8:20 p.m. Appeal No. 3493- 9:05 p.m. Appeal No. 3507- WELLS PONTIAC- NICK THEOPHILOS. Variance CADILLAC. Variances to the to the Zoning Ordinance, Arti- Zoning Ordinance, Article VI: cie XI, Section 100-119.2(A) for (a) Section 100-60(C)[2](a) for permission to locate swimming permissiontoex~ectgroundsign pool with deck and fence es. ceeding maximum 6'6" height enclosure within 100' of bluff requirement, and exceeding area along Long Island Sound, height requirement of 15'6" at 2200 Sound Drive, Gr~nport, from ground to upper edge of NY, Lot No. 118, Map of sign' and (b) Section Eastern Shores, Section 4, 100-60(C)[2](b)[4] for permis- County Tax Map Parcel No. sion to place wall sign with pro- J000-33-1-16. jection of more than one foot, [ 9½~0 p.m~ A, ppeal No. 3458- at 42155 Main Road (a/k/a 2(~ [ .N.O.RTH ROA~ASSOCIATES. Peconic Lane), Peconic, N~~ ~ Variance to the Zoning Or- County Tax Map District 1000, Section 75, Block 1, Lot 14. I dinance, Article III, Section 100-31 [or Article XIII, Section 8:25 p.m. Appeal No. 3491. ~ 100-136(E)] for approvaloftlu~e DONALD J. GRIM. Special parcels having insufficient area, E~ception of the Zoning Or- and proposed Parcel No. 3 hav- dinance, Article IX, Section lng insufficient depth, located 100-90 for permission to con- on private right-of-way off the struct storage building and north side of Main Road (S.R. establish outside stockpiling of 25), Orient, N.Y.; County material uses in this "C-I" Map Parcel No. 1000-018-4-1 Heavy Ind u st rialZoning District. (1.1). Location of Property: Lot No. The Board of Appeals will 2, (Pending) Minor Subdivision hear at said time and place all No. 450 of L.B. Glover, south persons or representatives desir- side of Oregon Road, COt- ing to be heard in each of the chogue; County ~ax Map above hearings. Written eom- District 1000, Section 83, Block ments may also be submitted 3, Part of Lot 4.4, containing prior to the conclusion of the 4.$93m~l~s__8:0p'm' hearing in question. For more Appmd No. 3477- information, please call WILLIAM AND 765-1809 (alt. 1802). KATI-I~RINE lt~2qs. Variance Dated: April 16, 1986. to the Zoning Ordinance, Arti- BY ORDER O~ THE cie III, Section 100-31, Bulk SOUTHOLD TOWN Schedule for approval of insuf- BOARD OF APPEALS ficient area, width and depth of GERARD P. GOEHRINGER, two parcels in this proposed CHAIRMAN division located along the north IT-5/15/86(12) side of Main Road, Orient, NY; County Tax Map Parceis No., 1000-19-2-5 and 6. Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN: Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I. Traveler-Watchman indicating the date and time of your public hearing. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the public hear- ing and in order to prevent any delay in the processing of your application. If you have any questions, or if you would like to review your file prior to the hearing, please do not hesitate to either stop by our office at the Southold Town Hall, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-1802). Yours very truly, Ik Enclosure GERARD P. GOEHRINGER CHAIRMAN NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, MAY 22, 1986 and as follows: 7:35 p.m. Appeal No. 3399 - JOSEPH AND ANN PACELLI. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area, depth and width of three parcels referred to as Lots #1, 9 and 10, Map of Bayside Terrace, Southold, NY; Lot #1 located along the south side of North Bayview Road, and Lots #9 and #10 located along the east}~side of Summer Lane; County Tax Map District 1000, Section 78, Block 9, Lots 1 and 16. 7:40 p.m. Appeal No. 3492 JOYCE TESE. Variance to the Zonin9 Ordinance, Article III, Section 100-32C, for permission to locate accessory three-car garage in frontyard area, at 800 Jackson Street, New Suffolk, NY; County Tax Map District 1000, Section 117, Block 10, Lot 5. 7:45 p.m. Appeal No. 3498 GREENPORT N.Y. CONGREGATION OF JEHOVAH WITNESSES. Special Exception to the Zoning Ordinance, Article III, Section 100~30(B)[2] for permission to constr'uct addition and establish same for religious, library use, at 1345 Indian Neck Lane (a/k/a 50 Spring Lane), Peconic, NY; County Tax Map District 1000, Section 86, Block 5, Lot 1. 7:50 p.m. Appeal No. 3504 GREENPORT HOUSING ALLIANCE. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to locate new single-family dwelling with insufficient total sideyards and insufficient northerly sideyard at 1300 Seventh Street, Greenport, NY~ Map of Greenport Driving Park, Lot #369; County Tax Map District 1000, Section 48, Block 3, Lot 16. 7:55 p.m. Appeal No. 3500 NORMAN REICH. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for permission to construct deck addition with insufficient rearyard setback at 655 Cedar Drive, East Marion, NY; County Tax Map District 1000, Section 22, Block 2, Lot 41. Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 22, 1986 to to 7455 Soundview Avenue, Southold, Section 59, Block 6, Lot 8. 8:00 p.m. Appeal No. 3483 PHILIP AND ELLEN BELLOMO. Variance the Zoning Ordinance, Article III, Section 100-32 for permission locate accessory garage/storage building in frontyard area at NY; County Tax Map District lO00, 8:05 p.m. Appeal No. 3065 JOHN M. KERBS. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area of three parcels in this proposed four-lot minor subdivision located along the south side of Middle Road (C.R. 48), Southold, NY; County Tax Map District lO00, Section 55, Block 3, Lot 3. 8:15 p.m. Appeal No. April 3, 1986). 3418 - GRETCHEN HEIGL (Recessed from PONTIAC-CADILLAC. Variances (a) Section lO0-60(C)[2](a) 8:20 p.m. Appeal No. 3493 - WELLS to the Zoning Ordinance, Article VI: permission to erect ground sign exceeding maximum 6'6" height requirement, and exceeding height requirement of 15'6" from ground to upper edge of sign; and (b) Section 100-60(C)[2](b)[4] for permission to place wall sign with projection of more than one foot, at 42155 Main Road (a/k/a 20 Peconic Lane), Peconic, NY; County Tax Map District 1000, Section 75, Block 1, Lot 14. 8:25 p.m. Appeal No. 3491 DONALD J. GRIM. Special Exception of the Zoning Ordinance, Article IX, Section 100-90 for permission to construct storage building and establish outside stockpiling of material uses in this "C-l" Heavy Industrial Zoning District. Location of Property: Lot #2, (Pending) Minor Subdivision #450 of L.B. Glover, south side of Oregon Road, Cutchogue; County Tax Map 83, Block 3, Part of Lot 4.4, containing No. 3477 KATHERINE AND WILLIAM HEINS. Section District 1000, 4.59 acres. 8:30 p.m. Appeal Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule for approval of insufficient area, width and depth of two parcels in this proposed division located along the north side of Main Road, Orient, NY; County Tax Map Parcels No. 1000-19-2-5 and 8:45 p.m. Appeal No. 3501 NORTH FORK WELDING/SCHOENSTEIN. Variances to the Zoning Ordinance, Articles: (a) XI, Section for Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 22, 1986 lO0-119.2(B) for p.ermission to locate new building within the required 75' setback from wetlands area, (b) VI, Section 100-60 for permission to expand nonconforming use of welding business in this "B-Light" Business Zoning District located along the south side of Main Road, (S.R. 25), Greenport, NY; County Tax Map Parcels No. 1000-53-2-12, 13 and 15; Lots 172, 173, 1.74, Peconic Bay Estates Map #658, and Map #1124 as Amended. 8:50 p.m. Appeal No. 3471 NICHOLAS TSIRKAS (Recessed from May l, 1986). 8:55 p.m. Appeal No. 3497 - MARJORIE D. PETRAS. Variance to the Zoning Ordinance, Article III, Section lO0-31 for permission to construct addition in excess of maximum-permitted 20% lot coverage requirement, at 700 Koke Drive, Southold, NY; County Tax Map Parcel No. 1000-87-5-006. 9:05 p.m. Appeal No. 3507 NICK THEOPHILOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(A) for permission to locate swimmingpool with deck and fence enclosure within lO0' of bluff area along Long Island Sound, at 2200 Sound Drive, Greenport, NY~ Lot #118, Map of Eastern Shores, Section 4~ County Tax Map Parcel No. 1000-33-1-16. ~ ~ 9:10 p.m. Appeal No. 3458 - NORT~H ROA~D ASSO~CIATE~S. Variance ~ to the Zoning Ordinance, Article III, Section 100-31 Eor Article XIII, Section 100-136(E)] for approval of three parcels having insufficient area, and proposed Parcel #3 having insufficient depth, located on private right-of-way off the north side of Main Road (S.R. 25), Orient, NY; County Tax Map Parcel No. lO00-J 018-4-1 (1.1). The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hearings. Written comments may also be submitted prior to the conclusion of the hearing in question. For more information, please call 765-1809 (alt. 1802). Dated: April 16, 1986. BY ORDER BOARD OF GERARD P. OF THE SOUTHOLD TOWN APPEALS GOEHRINGER, CHAIRMAN ATTENTION NEWSPAPERS: Please publish Thursday, MaS 15, 1986 and forward two affidavits of publication on or before May 19th to: Board of Appeals, Main Road, Southold, NY 11971. lk NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held in.addition to those previously advertised by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting on THURSDAY, MAY 22, 1986: 8:10 p.m. Appeal No. 3506 - ARMANDO J. CAPPA/PORT OF EGYPT ENTERPRISES. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to locate attached deck and seafood holding tanks within 75' of high water and bulkhead, at 62140 Main Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-2; Lewis Homes Co., Inc. Filed Map #535, Lots 1-9 inclusive. 8:50 p.m. Appeal No. 3509 - HOWARD AND JANET MALONE. Variances to the Zoning Ordinance, Article: (a) III, Section 100-31, Bulk Schedule, for permission to construct addition with an insufficient sideyard setback, and (b) XI, Section 100-119.2(B) for permission to locate addition within 75' of ordinary highwater mark and bulkhead, at 250 Blue Marlin Drive, Greenport, NY; Southold Shores Map #3853, Lot #3; County Tax Map Parcel No. 1000-56-07-21. Dated: April 16, 1986. GERARD P. GOEHRINGER, CHAIRMAN (516) 765-1809 ATTENTION NEWSPAPERS: Please publish iF~s~d~ax~.~q_~y 15tll and forward two affidavits of publication on or before May 19th to: Board of Appeals, Main Road, Southold, NY; (516) 765-1809. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAW[CKI Southold Town Board of Appeals MAIN RI3AD- 9TATE REiAD 25 9EIUTHE}LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Copies of the Notice of Hearings for May 22, 1986 to the following by mail on or about May 13, 1986: Hand Delivered to: Suffolk Times, Inc. L.I. Traveler-Watchman Mr. and Mrs. Joseph Pacelli, 1090 Cedar Drive, Southold, NY 11971 Mr. Donald A. Denis, A.I.A., P.C., Box 565, Aquebogue, NY as agent for MRS. JOYCE TESE Mr. Leo D. Russell, Greenport NY Congregation of Jehovah's Witnesses, Indian Neck Lane, Peconic, NY 11958 Greenport Housing Alliance, 18 South Street, Greenport, NY 11944 Mr. and Mrs. Norman Reich, Box 13, Main Road, Orient, NY 11957 Mrs. Noel P. Birkby, Architect, as agent for MR. & MRS. PHILIP BELLOMO 155 West 19th Street, New York, NY lO011 Mr. John M Kerbs, Middle Road, Southoid, NY 11971 Michael J. Hall, Esq., Youngs Avenue, Southold for GRETCHEN HEIGL North Shore Neon Sign Co., 698 L.I. Ave, Deer Park, NY 11729 as agent for WELLS PONTIAC-CADILLAC Wells Pontiac-Cadillac, Main Road, Peconic, NY 11958 Mr. D~naid J. ~rim, 475 Jernick Lane, Southoid, NY llg71 Anthcny B. Tohili, Esq., 6 El, st Main St, Box 744, Riverhead, EY for MR. AND MRS. WLLLIAM KEINS Mr. and Mrs. William Heir, s, Main Road, Orient~ NY 11957 11901 Peconic Associates, Oqe Bootleg Aliey, Greeni)ert; NY 11944 as agen.~ for NORTH ~ORK WELDING Rudolph ~,. B) uer, Esq., &tCn: .qts. P. :qoore, Hain Road, for MA~JORIL D. ~-ETi~AS Southold Copies of the Notice of Hearings (continued) for May 22, 1986 also to the following bY mai-1 May 13, 1986: Mr. Arthur Siemerling, as agent for NICK THEOPHILOS, Box 108, Mattituck, NY 11952 Mr. John DeReeder, for NORTH ROAD ASSOCIATES, 240 Wampum Way, Southold, NY 11971 Mr. Edward A. Linker, Ref: North Road Associates, opposing 985 Soundview Drive, Orient, NY 11957 Mr. Armando J. Cappa, Main Road, Southold, NY 11971 Mr. and Mrs. Howard Malone, 250 Blue Marlin Drive, Greenport, NY Town Clerk Bulletin Board ZBA Bulletin Board (in office) ZBA Members ZBA Individual Files Building Department Planning Board Supervisor's_Office Town Board Members Town Trustees' Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 21, 19 86 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board o£ Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3458 application of John F. deReeder for a variance. Also included is Notice to Adjacent Property Owners; Short Environmental Assessment Form: letter relative to N.Y.S. Tidal Wetlands Land-Use; ~otice of Disapproval from the Building Department; and survey. Judith T. Terry Southold Town Clerk TOWN OF SOUTHOLD, NEW YORK DECISION OF BUILDING INSPECTOR APPEAL NO. ~ ~/~--~' DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number ..S o.uth.oZ~ ........................................................................ Municipality · New...~/.a.r.k ........ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....... !./.j.O...j.~....~.......~ ........................ WHEREBY THE BUILDING INSPECTOR DENIED TO ~Tohn F. de Reeder, asent for North Road Assoc Name of Applicant for permit of .... ........................................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...... t2.Z0.0.5...H~.~n...Rg.~d.,...g.r.~.~.n.~ ............ ~.~.8.Q ................ Street Use District on Zoning Map q- North Road ..~.Y..u.~.Z..~.~.- \.\ .............................. Current Owner Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (4,~d (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance "REASON FOR APPEAL" The orilinal subdivision proposal for this property conformed in every way to Southold Zonin8 Resulations. The Planning Board, in order to conserve open space~ has asked for a "cluster subdivision". The map submitted to the Zonin8 Board of Appeals has been desisned to protect open space exactly as would a cluster subdivision, and at the same provide a usable agricultu~al parcel of 12.3 acres. REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because The owners of this parcel had submitted a minor subdivision application to Southold Planning Board for four lo~s on seventeen acres--two two-acre lots, one lot of about four acres, and a lot of about eight acres. At a pre-submission conference the Planning Board requested a cluster subdivision of four one-acre lots, dedicating the remaining twelve-plus acres as open space to be held in common among the four lot- owners. Conforming to the Planning Board's request to deed the large ~emaining property to an association would result in a significant diminution of the property's total value. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because Properties in the immediate vicinity were developed prior to two-acre zoning into lots ranging from one-half acre to one acre in size. Few, if any, other subdivisions have dedicated such a large portion of their total acreage to open space. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The character of the district will remain intact--four residences are to be built at one end of the property, grouped together on four acres~"'The remaining acreage will remain undeveloped, preserving the rural character of the surrounding area. Sworn to this .......~...../..~ ......................... dayof ...... No. M2,~e~. W ceemy,~ Term F. mlrel BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or' the Petition of North Road Associa%es to the Board of Appeals of the Town of Southold TO: Owners of properties adjacent to North Road Associates property Orient, New York 11957 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [¢±r¢le cho±ce] 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribedasfoliows: a.,-~,~,~ _ _ ,~__J ,~_~__~ ,,___ ~,__,_ ,~ ,~ more or less: formerly helon_~tnE tn Mr_ and Mrs- .Tna.?b , Droskoski; Suffolk County Tax Map #1000-018-04-001.1 3. That the property which is the subject of such Petition is located in the following zoning district: 4. ThatbysuchPetition, theundersignedwilirequestthefollowingrelief: o~_i_,i. ....... ..... ,_ subdivide property tn four lots: three lots of aooroxtmately one acre and a fourth lot of approximately 12 acres. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article I , - [ ] Sectton 280-A, New York Town Law for approval of access over r~ght(s)-of-wa~,. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. · 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: January 20. 1986 . Petiti~ 0we Post S, n n^.. 558 %thold' New York 11971 ~r cL~p r FO.~ ¢~u~ lED ~aU PROOF OF MAILING OF NOTICF ~H CERTIFIED MAIL RECEIPTS STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: · ~-~ , being duly sworn, deposes and sa'~s that on the ~ ~ -~-'day of ~L.L(~L<'t.4 ,19 %{~ , deponent mailed a, true copy of the Notice set forth on the re- verse side hereof, directec~ to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold: that said Notices wer/e-~iled at the United States Post Of- fice· t es ere (~registered) mail. ; that said N~ .~iled to each of said persons by Sworn to before me this day of ~--'~'~L~'~ ,19 NJary Public N~ ~BUC, ~ ~ N~ T~m ~ee Mer~ ~, 19~ side does not have to be completed on form transmitted to adjoining owners.) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ......... To .~&¥.~.~..~..~:...~.~.~-... ' ....~.m.d ....................... . .~-~.. ~...~/.,..~../.*.~. 1 .... PLEASE TAKE NOTICE that your application dated...~..~...~ ....... ,19.~.~.. for permit to ~....-~ )~,A-~ ............................................. at Location of Property . .'~..'? .o..q .~....~...9-~. ~...~..~ ........ .~..~.'...~. ............... House No. Street Hamlet County Tax Map No. 1000 Section .... ~.~. ~] ...... Block ..... .~..~ ..... Lot . .}.0..o.~ .~ ...... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved/a~the following grounds· .L~.. ~ ,-~... ).~..~. ~ .~.? ...... · ~..-.~~.. ~..~..'~ .~...~...~.~..'.~..~.~.. .~..... ~.. ........ ~. .......... .°....~5.. .... ...~ ...... i~. .... BuSlding Inspector 1/80 Ihe [;.T,~, [nvlronmefltal Uda[lty ~<~:vlew /~ct i'O(tuifes sub- mission of this form, and an environments review w~ll be made by this rd before any action is bn. SNORT ENVIRON;MENTAL A$S.,~.,,~E.[ FOP24 (al In order to answer the questions in this shor~ EA? is is assumed ~het the preFarer will use currently available info~r-..atlcn concerning the project and the t~kely im~ets of the action, I~ is no~ e~ec~ed t~ additional u~udie~ roee~rch or c:her lnves:igatlons w~l be ~dertakon. (b) If any question ha~ been answered Yes tho proJoc~ ~y be ml~lficant and a cc~p!eted Environmental A~sesamunt Fo~ i~ nece~saz'/, (c) If all questions have been answered No ~ is likely tbm: this project 1~ net =l~nlFlcant, (d} F-nvironmentai Assessment 1, Will project result in a large physical change to ~he project site or physically alter t.han 10 acree of lend? , , , , , , , , , 2. Will there be a major chanEe to any unique or unusual land fo~n found on the site? , , . 3. WLll project alter or hays a lares effect on an existing body of water? , , , , . , , , &, W~i1 project have a potentially large impacu on g~oundwater quality? , , , , , , , , , , ~, Will project si~ni£icantly"effect dr~inase flow on adjacent sites? , . . , , , . · , 6, Will project affect any threatened or endangered plant or anirr~l species? , , , , , , , , · ?, Will project result in a major adverse effect on 8, Will project have a major effect on visual char-, acter of the co~munity or scenic views or vistas known to be important to the community? , . . 9. Will project adversely Em, pact any sits or struck- ute of historic, pre-historic, or pal%on~ological importance or any site designated as a critical environmental area by a local agency? . . . 10. W41l project have a major effect on existing or future recreational opportunltiee? , . 11. Will project result in major traffic problems or cause a major effect to exietln~ transportation 12. Will project regularly cause objectionable odor:, noise, glare, vibration, or electrical disturb- anco as a result of thc project's operation? . 13. Will project have any impact on public health or 1L. Will project ~ffect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major nc~%ive effect on charact~ of the com.~unity ~r neighborhood?.. 15. Is, ,,there~~~~ve~s'/veoncern~n~ PREP~£R' 3 S.G,,ATL~E: · Yes % No Yes ~ No ,, Yee~__ No .,, Yes.~ No .,, Yus,~ No _ Yes.~ No ~ ¥cs ~No Yes~ No _ . Yes ~ )lo Yes ~No ,,. Yes ~ No Yes ~ t;o Yes _~ [~o the project~ Yes ~ No BAT£: ,. ('fcd~y' ~ D,~te~I To: Southold Town Board of Appeals Main Road Southold, NY 11971 Location of Property: ~poO~ Dear Sirs: In ref{_r_nc_~ ' ~ ~, to the New York State Tidal Wetlands Land-Ust~ Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property iQ the within appeal applicatiou: (please ch~ck o~e box) [ ] May be located within 300 feet of tidal wet]and~ h~wev~r, con:~tructed along the water-lyinq edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May b'e located ~{ithin 300 feet of tidal wetlands however, constructed along the a~er ly~.~ edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be locate(] within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall e>:is~lng 'on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S. D.E.C.] (S NOTE: If proposed project falls % approval must= be received an~ sub~ your application can be scheduled nc~ely yours, kgnatu e please) itm~in D.E.C. jurisdiction, it~d ~o our office before for a public hearing. State of New York) ) County of Suffolk) SS,: John F. de Reeder, being duly sworn, deposes and says: That I presently reside at Main Road, Southold, New York 11971, and am a Real Estate Broker licensed by the New York Department of State. Also, that I represent a New York co-partnership doing business as North Road Associates, for purposes of subdividing property owned in Orient, New York. Also, that the owners of North Road Associates are as follows: Carl Oswald 46 Old Tappan Road Glen Cove, New York 11542 Ron Winkler 16 Pebble Cove Court Island Park, New York 11558 Steven Sanders 13-28 208th Place BaysidE ork 11360 John Sworn to before me this 15 day of November, 1985 Notary Public DISCLOSURE STATEMENT Pursuant to the provisions of Article 18 of the General Municipal Law of the State of New York~ please be advised that I am an employee/salesperson affiliated with Celic Estate Agents, Inc. as of September 1985 and an employee of the Town of Southold. ~/,/0.~/ 930 Ole dule Lane Mattituck, NY 11952 May 22, 1986 Notice of disclaimer to anyone interested in this file: Please be advised that Celic Realtors is currently holding my Real Estate License. At the time of filing this application and the period of time that it takes to hold a public hearing and reach a decision, I have no interest in this application. I further state, that I have -no- knowledge of an existing active listing with the above Real Estate office. This statement is signed with the complete understanding of the information stated above ..... /i/ ,c.~,×~ ./~ ~/ / ,///,- . ~/ Gerard P. G6ehringer