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HomeMy WebLinkAbout4574__ _ _..._ _. -...._ ___ 1 � _.___ __. _ �"J)ii i Plj�', ��//��"q ��rr S'O� APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing � O�oSUFFO�,�coG o=ff y` y Z of # Sao BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 23, 1998 Appl. No. 4574 - PREM CHATPAR PARCEL 1000-90-2-9.1 STREET & LOCALITY: 680 MIDWAY ROAD, SOUTHOLD DATE OF PUBLIC HEARING: June 11, 1998 FINDINGS OF FACT PROPERTY FACTS/ DESCRIPTION. The applicant's property is located along the southerly side of Midway Road, extending to the easterly end. The total land area (upland and wetland to tie lines) is 44,995.85 sq. ft. The survey, prepared by Joseph A. Ingegno is last -dated May 19, 1997, and shows the location of the existing two-story frame house and one-story frame garage (to be removed). BASIS OF APPEAL: Building Inspector's March 10, 1998 Notice of Disapproval which reads as follows: "Your application dated December 20, 1996 for permit to construct a two-story addition to an existing dwelling and an accessory garage ...is disapproved on the follow- ing grounds: the two story addition and the proposed construction of accessory garage encroaches on setback requirements of 75' to bulkheads, concrete wall, riprap or similar structure, Article XXIII, 100-239.4B." AREA VARIANCE RELIEF REQUESTED: The variances requested by applicant are: a) To construct two-story addition at the southeasterly corner of dwelling, with proposed setbacks at 39 feet and 46 feet (variables at the closest measurements) to the existing closest bulkhead; and b) To locate an accessory garage of 25.6" x 28' in size, plus extension and wooden step area of approximately 64 sq. ft., all as shown on amended sketch: the setbacks are proposed at 75 feet from the most easterly bulkhead, 52 feet from the southerly bulkhead, and 61.5 feet from the northerly property line at its closest points. (This proposal was modified by applicant as a result of the June 11, 1998 hearing and discussions. The applicant's original proposed location was 66 feet to the easterly bulkhead, 54 feet to the southerly bulkhead, and 59.5 feet to the northerly property line.) Page 2 - June 23, 1998 ' Appl. No. 4574: 1'000-90-2-9.1 (Chatpar) Southold Town Board of Appeals Applicant, through his attorney, has indicated in this application that he is not requesting variances based upon former Notices of Disapproval issued 1/6/97 by the Building Inspector. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Applicant intends to remodel the existing house, including an addition of roughly 250 square feet to fill in the house's southeast corner, and to replace the existing garage with a new garage plus study. Applicant requires variances, as described above, from the Code's requirement that structures be set back at least 75 feet from bulkheads. On the basis of testimony present and personal inspection, the Board makes the following findings: (1) The proposed addition at the southeast corner of the house is a key element in applicant's remodeling plan. The addition is proposed to be 39 feet from the bulkhead at its closest point, whereas the southeast corner of the house at present is approximately 50 feet from the bulkhead. A setback of 39 feet is not inconsistent with setbacks on neighboring properties, and the granting of a variance allowing such a setback will not cause an undesirable change in the character of the neighborhood or a detriment to nearby properties. (2) The requested variance relating to the house addition is not substantial in view of: a) the setbacks on neighboring properties and (b) the fact that the entire rear face of the house will continue to be at least 75 feet from the southerly bulkhead on Peconic Bay. (3) The requested variances in relation to the house addition will not have an adverse effect or impact on physical or environmental conditions in the neighborhood. (4) The existing garage is deteriorated, and the benefit of a proper garage can be obtained only by construction of a new building, the location of which is somewhat constrained by the location of the septic system (as well as by convenience). Applicant's amended plan shows the new accessory garage building set back 75 feet from Midway Inlet and 52 feet from the southerly bulkhead on the sandy beach. The existing accessory garage building is approximately 50 feet from that southerly bulkhead at its closest point. (5) The grant of the requested variance relating to the garage will not cause an undesirable change in the character of the neighborhood or a detriment to nearby properties because the setback from the southerly bulkhead changes very little from the current setback, and in fact is increased. Such a variance is not substantial. Page 3 - June 23, 1998 ' Appl. No. 4574: 1000-90-2-9.1 (Chatpar) Southold Town Board of Appeals (6) No regrading or filling of the land is planned. Construction of the new garage -plus -study in the location proposed in applicant's amended plan will not have an adverse effect or impact on physical or environmental conditions in the neighborhood. The Board concludes that the following actions are the minimum necessary and adequate to enable applicant to remodel the house and have a proper garage while also preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance relating to the house addition as applied for and, as alternative relief relating to the garage to GRANT a variance authorizing the location indicated in applicant's amended request submitted on June 12, 1998, subject to the following CONDITIONS: (1) The subject accessory building shall be used only for purposes accessory and incidental to the use of the dwelling and shall under no circumstances be used for habitation, rental, or other unauthorized purposes and in accordance with Owner -Applicant's sworn Affidavit of February 2, 1998; (2) The subject accessory building may contain one three- quarter bathroom (a toilet, sink and shower) which shall be located on the ground floor (in no event shall more than one such facility be permitted; (3) The subject accessory building shall not exceed eighteen (18') feet in height in accordance with Section 100-33 of the Zoning Code. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS, AND HORN . 90-2-9.1 6/27/98 RECEIVED AND FILED BY THE SOUTH/OLD TOW14 CLEhK �1JOUR 3 ,-2 °'ern Town Clerk, Town of oali:cl.1 wv% LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JUNE 11 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY JUNE 11 1998 at the time noted below (or as soon thereafter as possible): 6:25 p.m. Appl. No. 4574 - PREM CHATPAR. This is a variance request under Zoning Code Article ,XXIII, Section 100-239.4B based upon the Building Inspector's March 10, 1998 and January 6, 1997 disapproving a building permit application for a proposed (two-story) addition to dwelling and proposed accessory garage location which are proposed within 75 feet of a bulkhead, concrete wall, or similar structure. Applicant's February 2, 1998 Affidavit states the Proposed use of garage to be for "occupiable space" intended as a family room, library/study with wet -bar facility. Another January 6, 1997 Notice of Disapproval regarding this site was issued disapproving a proposed guest annex in proposed accessory garage, Article III, Section 100-31B(13). Location of Property: 680 Midway Road, Southold, NY; 1000-90-2-9.1; Cedar Beach Park, Lot 111 -112 -part of 144 (as a single parcel) . FORM NO. 3 TOWN OF SOUTHOLD ,BUILDING DEPARTMENT SOUTHOLD, N.Y. AMENDED NOTICE OF DISAPPROVAL DATE: March l0i_1998•.......... To PATRICp C. MOOREy ATTY A/C Chatpar -- P 0 Box 483 .......................... Mattituck NY 11952=... PLEASE TARE NOTICE that your application dated December_2➢a-1996_.. construct a two Story addition to an esistin dwelling - an accessory garag for permit to -..-•- ... Location of Property ---• �- " '"' Hamlet House No. " Street County Tax 90 BLOCK 2 ... . LOT 9--i ........ Map No. 1000 - Section - --- -----• ..- Filed Map ...Lot No. ....... Subdivision -•• " " -' is returned herewith and disapproved on the following grounds the.twa story. ------- and the proposed constructionofaccessory_..._ ire .garage.............n setback _requirements .._... of 75' to bulkheads,concrete wall, riprap or similar structure .Article %%III - ........ 239.4.B. ... Action required by the ng ZoniBoard of Appeals DEC,S Town Trustees. I ............ ............. BUILD NG IN ECTOR RV 1/80 `-(J� 4 TOWN OF SOUTHOLD BUILD7N6 10ARTMEIIT SOUTHOnLD,J\ N.Y. NOTICE DISAPPROVAL DATE: Januar _6, 1997 ToEn_Consultants,. Inc.. .A/c.Chatpar ..._. ................................ 1329 North Sea. Road Southampton, N.Y. 11968 PLEASE TAKE NOTICE that your application dated ._December 2®, 19_.96 for permit to CONSTRUCT AN ACCESSORY GARAGE ' •• .. .....••--...................... at Location of Property 680 M dway.Road Southold. N.Y. P 9 --..---- House No. Street Hamlet County Tax Map No. 1000 — Section .... 99..... BLOCK. ..._Q ..... LOT 9.1 Subdivision ............................... Filed Map No. .........Lot No. ....... is returned herewith and disapproved on the following, grounds ............................. PROPOSED CONSTRUCTION OF GARAGE & DECK ENCROACHES ON .SETBACK REQUIREMENT OF ...................................... 73" TO BULKHEADS, CONCRETE WALL, RIPRAP OR SIMILAR STRUCTURE ARTICLE %%III .. .......................... 100-239.4 B. - --••-------------- AC ON -•---ACTION REQIIIBED BY THE sZONING BOARD OF APPEALS ...................................... ---.-------•--- $ING INSPECTOR GARY J. FISH RV 1/80 �/ < �n FOnPd NO: 3 �n T01VN OP SOUTITOLD BUILDING DEPARTMENT S o TOIVN CLERK'S OFFICE SOUTIIOLD. N.Y. >f U NOTICE OF DISAPPROVAL Date ... January 6, ....: , ....... 19 97.. . To _ En Consultants, Inc. A/c Ch t ar ` ........ , .. !. P (Own er 1 1329 North Sea Road C2,F8- 63b6 ........... ' Southampton, N.Y. I19b$: 1 PLEASE TAKE NOTICE that your application dated ..December 20, ..... , 19 96... forperinitto CONSTRUCT A GUEST ANNEX .IN PROPOSED ACCESSORY GARAGE' ...............at Location of Property ..; 680 MIDWAY ROAD SODTHOLD, NEW YORE` House Na .. .. . CountyTax Map No. 1000 Section Street . . .Hamlet . 90 ...:. Block . , .? ..Lot ..9...] .......... Subdivision .............Filed Mal) No. ... .......... Lot No. ............ is returned herewith and disapproved on the following grounds . PROPOSI3D CONSTRUCTION OF THE'ACCESSORY GARAGE WITH A GUEST ANNEX NOT PERMITTED IN AN R-40 ZONE. THE PROPOSED GUEST ANNEX ACCESSORY APARTMENT APPROX.............:.......... 608 SQ. FT.'IS REQUIRED TO BE IN THE PRINCIPLE DWELLING ARTICLE. III 100-31 B (13) C ACTION REQUIRED BY THE ZONING BOARD OF APPEALS ...... • .. ... .. • . • .. ... b- __ D 11c 11/26/97 k 10 'AJ nz a d y� doe 3�6 e ztce� catp RV 1/80 rla��P� i���'7?6mecct�ta�,. n Inspector 5` ZBA OFFICE RE: 1000-90-2-9.1 - 680 Midway Rd, Southold, NY (Chatpar) Staff Notes - no application received; based on telephone discussions and reading of application to building department dated12/20/96 by En -Consultants, Inc., and 1/6/97 Notice of Disapproval Re: 100-3113(13) Accessory Apartment Law. Re: 1000-90-2-9.1; Project of Prem Chatpar, Owner 1/611997 Notice of Disapproval was issued identifying use as an Accessory Apartment in an Accessory Building. Under 100-31B(13) a special exception requires several mandated conditions - be met, however, the only condition referred to in the Disapproval was for the accessory building' location. About 9/24/97 - applicant inquired about filing a special exception for an accessory apartment, with a variance to vary legislatively mandated conditions under 100-31B. 9/24/97 - Office staff called Linda of En Consultants and explained requirements mandated by code in the Sp. Exc. before it could be accepted for processing. They explained they did not have a CO before 1/1984 and the use was not in the principle building. 11/20/97 Tel. call from Linda of Roy Haje's office looking for variance application. None was filed with ZBA and office staff called back confirming same with Linda. ZBA office staff spoke with Roy Haje regarding 1/6/97 Notice of Disapproval and reference to 100-31B(13). He indicated that he is not applying as an Accessory Apartment and is requesting a proposed conversion of accessory garage to include "garage with guest unit separate and accessory to principal building." ZBA office explained it is not permitted under 100-33C, and would appear to be a "use variance" and ,standards are very, very strict. They wanted to apply anyway. Explained that Disapproval does not reflect that a "guest unit" is being applied for, and is more than 60 days old under State Town Law. Suggested he go back to Building Inspector and explain what: they are requesting. 11/25/97 - Gary Fish said he doesn't understand. He asked ZBA Chairman to explain. Jerry was present for Town Board meeting today anyway. Same results - Gary Fish said since a 'ruse variance" is very difficult to, get, he doesn't feel Roy Haje or owner should go thru the process because it would be a waste of time for everyone. Gary F. said he will call Mr. Haje directly and explain. --------------------------- ----------------x ---------- -- _ - � ,� 3 m y r, �M eolm Ho- I 9 ' F• 1 ` �• PLANS s .e �- 4' fo27N SIP So2rI1101,N ..e,UR VtiY `�. . ....:. ............. . v` Itti1J.01 NG DRPART1111'NT !III?CR. ........ . . ..... ....... . 'CONN IIAI.I, SEEM, I C', FORM ...............:.,: SCIVY11I01.1), N.Y. 11971 'fp.l.e 765-11107 tli)'r.IFY,- CALI. .................. ......, 19..... _ MA 1.1. TO:..................... ........ ....., 19...., Permit Ncr._ )i.rmlq,rimeil n/c ....`....... - ..:.......... :......._........:. .: (Iktilduy; inHirctor) APPLICAT1oN voR. II011.UIN0 I"Um r IN TRDCTiONi If. "chin opplicritim.rt+rnt Ile Caiinletely fillet in by. typeuril.er or in hilt mil nllxnitted to (lie tktildinl2 htsirclor with ?In of pinns, necnrite plat pino to retire. Ree "ccordin11 to rchedole. b. PioC pinnshowittp location of lot mil of Intihlinpn ort premises, reint.imtaihip.to rxljoining prr"imn or imblit or nrens, nrxl flivirq; It detnil.ed lkerrription of lnymo: of Irtopert:y Past Ire dr—I rnt the di1711r.xn' lAticit in I.nrl. 'or i ggtl icnt lmr. , r.. the work covered Iry Iltis ntgtlicol itxt rrry tint Ito tollmttcod before ismwttce of Ikri)ditip Petmil. d. .'112x17" nlgnrt'tvpl. of this lippl icrttloo, the 101,11nr )nnpPClor hill ismw " Iktildin11 Permit to the n(gnl icnnt. Fuch Mt: simli Ile kept, at lite prenllie" nvnli17bte. Tor Inrile-CH xt Ih ror utile Alt the wank. e, lkr ixttl(tt u{; e;hnl.l Ise inratpietl or uveal ht cAxnle or in ixtrt: for city lxtrrolie tAmiever until n f:ertificnle of etximy rJuil.l. line been prnntetl try lite Voilding herpeclor. API'I.i MIDN IS'.IIRIMITY ME I) Ilse Iktlldiur 0e(xtrtnent for tile. ismmurp omit ik,ilding Iletmit. 1*tren)nnl: to file'. (ding 7xxw 0rdntortCP of the •l OKm of P,rx/told, Riffolk Crxntt.y, rhii York, ntxi other nlgrlic"ble I.wr., Ordittmtren nr nlnticxtn, for file axtntroctitxl or Ixtimitgn,.mmititxtn or 1711rt:d0cxtn, or For rcmwril or drttolitirnr, all hrrein crilx?rl. 'ilw npplicnnt ."green pi, cmIlly with .1711 sigrlicnbl" Evan, ordittnnres, Ixtlldinl; coxle, Ixxtrlti11 rexle, nixl thiticxte, ntxllo'rxknit mttlxrrized )nnixn•Ictrs (Ili prnnisvn ntxi It, Intildinil for nemrnnry innitrcfirnts. ..........:... ................. ............... (itln•tlure fir tggllicmtt, or tvnr, it n corlxnnl-t(xt) .. ............... ......................... (PL•t i l i nP rxkirenr of nigral. it nnl) Le whether o(gtlicnnt is camper, lenree, nfmnt, nrcltilect, enp,hwer, genernl ccsttr"ctor, electririrto, pludiPr or Ixtilder. AGENT ..:::........ .:.......: ....... .................. v fir (r"t r of p,mirerPYeI[1,Chatpar-•-.....:. .................`..................................... (nn n" (hP tnx roll or Intenl, deed) nigtl icml in a corpcirnLloo, eii;n.•dury fir duty mtl.lxtrived orl icer. Lxrr :nxl title (if rorlxir"te b(ftt:er) Not yet selected lktildern Lice.nne tin.... ............... ......... Ilhidwrn Licenre No. ........ Rlect:rici[tun License No. .......:..... 0(.Iwr Crmkl.Ia Liceore fir. ........... Id 17Nan "f'1MdRoad, Southold;;-NY,.• 119.71 :,;, nrxl cit wliirJt paq>n:.ed wilt will lit rkanP....i...-.Xwa ........... ... ..... ..:.:...'.......::...............................:............ .......................................... Ikawe.Nnher Street lt-nle Fvctimt ...:-IK........-jilix ........:...lit 712.... .7.. st1,:... tktlxlvnicx...... Iilelfap'fb- -.9Q-.....1 Slrnl.e existhig ure nrxl ocagx)Tx:y of ptr,.ni.ner, ntxl hil.rtxlM use mxr txzrapnttcy of prolmsetl crntslructiote Single family ren n. Elitist itgi use nrxi rx:agxnxy ..._ residence idside....... .:..................:.... In. IMPtxkd vn.P mitt "cdgxtrx:y No chap e pro OSed ............�........N ........ Hlllou of mok (check Olith l hirable): tl.r Illildiu 'IM. 6 .......... lv iJil ion .. ...... Aller at ion .......... Mplil............. I"lrntal ............. Ileul111.Iou .. Ulller thnl, ..... P OMMlia inn) Not yet determined Cat luca nd fins( ...... .. ............ fcC ....... (lo. lilt twill oil tiling thin ly,(flical ion) 11 thin il init, Ixu l x:l of5ltel l toff Ila l in _....�.... ilnbel of llxalI lilt; nabs til !!ach floOr It li+o Dile,. rxnlrel ub caul ...... .... ..... .. 11 boss nail, elnncac}ill car adxed 'IxYviuuk:y, nlx:cify nation and ald Cal Of'eath lylxe of uau.:N/.A......... ,. bllmmiunn of exlslinb a:- isaulea, IP Huy; L—aseVattachadway............... NaIt Il:f);ill. Ilnlu:r eF Hlurles _...::.. Il ierai'aas of rule al.nu:ture Will, alleraLlana or Iddll: loan: FI(Ma heat I)l:plh .................... lialghr ..... ... tlydwr of Slarien Itineoa and oil Collie acconal-ruclicin Pr,xli See,_a1:.taCi7edf4 ;,, ...:.. Ik:plh IL•il;Fll ......... ............... ilnlwr of lilorlea ..... Size Of lul: Final. _ FMj attached Rear .......: Ik:pttl.. _ ..... llan'of i11n:bane August 12...1..99Qi;erf of I'ul nx•r O.nle, Blair 7rxx: or nae dial r icl In ldaldr proulans are alluafed R-.40..... Ilea pngxulrsl crxlul rtx:r ilii vlui ole'lily mxllufq IIx,, nullluuu:e of Iei elation; .•.❑ nt._yfat..detarmiIled 11111 lilt he lelfrlrtled .... r"'I........ Will CxaCaa till Ix: luanved frail prrnlbaesl X YM Ill 'own of man' of taellaes .$xeN.. MPax........ Mir Cao O. BJ.IRnumon,at .r..... Ituxx! tio.74.5.,02.02. Ifnr: nl' MtJlltecL .G.�d.Ud�. CUvl.4'I Nklleau :4.l.VJ..4)2 .tl.'.>?a HCl lies. ilioni: n,rfur.APt:Ye.�.a2:k8X'1R?.nGd......'. Rlki�c•1:1 Deer Park, NY 11729 . ..s ................ ..:.......More tll. ..... !a this lwtgmrt.y Within NXI feel of a IIdul rxalaldl A YLS .Air YfS, ' f;(Xlll Kxj)'irAIN'IltiMIl9S 1T:lowl. k1AY IU? IUif)lIIIN:II. It I.AMIAII Irx.ale .clearly lila disflocily 'l11 bolldinffa, dieliler exlsliul; ur pinixlacd, alxl ladirate ali(sel back dlaenuiuuli I pluletIy. Ihxm. ,Give ul:reef uml hhwk nlnirer or dencripl loo acctildllilt Io Iked, anx1 111aA1 atreet nivnen mil ildicillo iUM interior lir cutner Inc. SEE ATTACHED I SS IY(V... ...... ........ ..... F:�:.Td. ssa;1.4. """ .....Ixalllt dill y.lxxll ll, tfY,Ix Ilii'!! IIIxI uay:l tai: inn is ihu applicant old . of i,ndividunl uil;niut, rtxLL tact) a tuned, I ihte ..A9ent.......... (Gial-Iurtur, nfleal., collende of ficet, etc.). Illi IAJI x!1 Ill JMael71, and In hely iatharizeki to lel follll lit have IMI Noland Ilne fluid Milk anxl In Inlite and lilt! Ibia KnOon;"that all. ululeelleula aolltn diel in Ihlu applleafiuu ore (.,lw Lo the linat: ill: hill kno"'lectitc and bill iel; nod the Mllk lily) lx: l,erfouacd In (lilt ucauner net hnlh In the nppilention flied Iheie.1lh. - 1 to i(x-r'lolt lie thin I p ;IT i�l ..tiny Of �(�;C�/:�?/!/,'(n lily I`nbli, // .!/„/�(..1.17;r._;.. GAISTRATTON .. ...'...�..Y..:�........ NaLryPublic, State of New York• (orf; 11 ,f Atgll ieunl ) <.. -,ho. 4772055 ivahhed in'Suffo& County /{y/ Commt�slon Exoifes July 31, 19911 '�. PremChatpar ......... ....... ...................................... ...... Nome of Applicant for permit R of AAnson Ct len Head. NY 5 .e....................... My. w•. •. Street and Number Municipality ( I PERMIT TO USE ( ) PERMIT FOR OCCUPANCY x) Building permit s, a J. LOCATION OF THE PROPERTY 680• Midway,,,Road,•Southold R 40 Street /(idmlet j Use DistrictlDn Zoning,Map�^¢; r -. District 1000 Sectlong0 Block 2 Lot9.1 ......•• ••••• ..•...... ..,........•Current Owner Prem Chatpar Mop No. Lot No. �a rr Prior Ownergrnold & Karen Blair 2.' PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section,Section,e Subw %section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance) Article XXiII Section100-239.4B 3. TYPE OF APPEAL Appeal is made herewith for (please check- appropriate box) (x) A VARIANCE to the Zoning Ordinance or Zoning Map - ( } A VARIANCE due to lack of access (State of New. York TownJ.aw Chap, 62 Cons Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ) (hos not) been made with, respect to th,Wclecis�an, Of the Building Inspector or with respect to this property. ' '• t , ��� 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 F, (x y A Variance to the Zoning Ordinance; is requested for the reason that location & conf iquration `of nronprt-v r 1 nnat nn LL iii 111 1111111 1111 1 1111 1 1 1 1- 1 1 11111111 ulLLLLut 111 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET 6 VILLAGE DIST. SUB. LOTar n e` �C �rel� le c r j1 �c�1 �.r ae,e r.w ;, `,.. , 131 FORMER OWNER N ` E ACR. I� ( -S W TYPE OF BUILDING RAS. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS -tA 76 0 2 2r) 14f ? 9 17 9/"13/� G7lNr/ - /? v)ovcie,�-je4?place°�faicQ,- i3l6.4 Q (1.{1Gl r - 5I(o vvo l Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House )Plot BULKHEAD Total ffM mown0s -4e r ,ac at s. L, -N Iil..... 1 M. Bldg. — - -_ Foundation Bath Extension Basement 'Floors Extension -- Fxt. Walls Interior F Extension _ Fire Place Heat Porch ` Pool Attic Deck Patio Breezeway Driveway Garage VRoorns O. B,to :., , m j9WN' St�:t�1OL[ P4PRTY=RECORDCRD z,ra OWNER STREET VILLAGE DISTRICT ''SUB. LOT 4,- , FORMER OWNER N E ACREAGE S W TYPE OF BUILDING RES. Z �D I SEX�VL. FARM COMM. IND:I CB. I MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS5 4. C ILD&G CON Jq, �a----- — i NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Q;a' Farm Acre Value Per Acre Value FRONTAGE ON ROAD_—� Tillable 1 BULKHEAD Tillable 2 DOCK �4 _ Tillable, 3 c^ �- Woodland — y v� ✓ Z 2 9 d Swampland 2. B-VIlk Foundation G Bath . — -- -- -- EXt` 4, f 2) r ,15 /( � Basement Floors �16 ExtensionExt. Wollsp r l� --- dt� Interior Finish Exte Vr X3®— 36 0 Fire Place Heal X 87/ w Zj� Porch Roof Type ' c Rooms lst Floor <Yc �.ec: �_z s"'__::� �_d1� --- - _ � � —--/,f�6 ' --------_-Porch ------... Breezeway Patio Rooms 2nd Floor Garage �2 n K t.( �e o -- �I"uu (I Driveway Dormer 51 t,J)' /N OF SOOT it) 2. B-VIlk Foundation G Bath . — -- -- -- EXt` 4, f 2) r ,15 /( � Basement Floors �16 ExtensionExt. Wollsp r l� --- dt� Interior Finish Exte Vr X3®— 36 0 Fire Place Heal X 87/ w Zj� Porch Roof Type ' c Rooms lst Floor <Yc �.ec: �_z s"'__::� �_d1� --- - _ � � —--/,f�6 ' --------_-Porch ------... Breezeway Patio Rooms 2nd Floor Garage �2 n K t.( �e o -- �I"uu (I Driveway Dormer 51 t,J)' /N OF SOOT Xc / 0',_ TD VN S�UTHG.. D PROPERTY RECORb CARD OWNER FORMER OWNER STREET N S ✓ VILLAGE — ! ""ls - E W -- DIST. SUB. LOTS >LG7re�C��L_e. rCm /T2f� ACR. -- F TYPE OF BUILDING RES. S AS. VL. FARM COMM. CB, MICS. Mkt. Value - -- LAND IMP. TOTAL, DATE REMARKS — ^� AGE BUILDING CONDITION NEW ^FARM NORMAL BELOW ABOVE Acre 'Value Per Acre Value'— alueAcre — --� Tillable FRONTAGE ON WATER — ` — Woodland FRONTAGE ON ROAD -- Meadowl nd DEPTH House Plot BULKHEAD Total DOCK COLOR _ TRIM --- — -- - ---- -- - - ---- --- — M. Bldg. --- Extension -------- Extension Extension Foundation Bath Dinette— Porch Basement ' Floors K. Porch Ext. Walls -- Interior Finish -- LR. Breezeway -- ----------- _-- ---- -- -Fire Place Fleet DR. � - -- Garage Type Roof Rooms 1st Floor BR. Patio Recreation Room Rooms 2nd Floor FIN. B O. B. Dormer Driveway Total \��� ".A JUDY 9, 1996TOPdGRAR� ,� � SEPTEMBER 17, 1996 F� 9 J • %' MARCH 10, 1997 REVISED PROP. J. AV& ADDED 15' LAND, MAY 19 1997 REMOVED DECKSBA ADD, 4BA PROPbSED ROSH RUGOSA & BERRY, t,. PfL+oT-.Y44 �''� .3S.JJ, AREA =44,995.85 sq. fit. 3g 1.033 ac. ACTUAL\ 10 3�bo O[� � DEED,.: 06.\ E 60.69.' g 75744'50' k E ,100.00 \ T.W. z ` �` �xp \ a \ C v 6�-ff. 4`)t x�(c \ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning � p��SUfFO(,�co o� y1 CA Z BOARD OF APPEALS TOWN OF SOUTHOLD 6/5; upd. 6/11-11 a.m. AGENDA Page 1 of 5 REGULAR MEETING THURSDAY, JUNE 11, 1998 5:45 p.m. Call to Order. I. PUBLIC HEARINGS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 5:45 p.m. Appl . No. 4547 - RIVERHEAD BUILDING SUPPLY CO. (Pursuant to May 19, 1998 Board Resolution) . Applicant is requesting Variances based upon the Building Inspector's January 2, 1998 Notice of Disapproval which reads as follows: 1) the proposed structure being located in an LIO District is permitted to have a maximum of 60 feet of frontage on one street. The proposed building is approximately 115 ft. facing Rt. 25. Pursuant to Article XIII, Section 100-133C; 2) When fences are located in or along side and rear yards, they shall not exceed 6-1/2 feet in height, pursuant to 100-231B ....11 Location of Property: 74610 and 74500 Main Road, Greenport, .NY; 1000-46-1-1 and 2.1, combined as a single lot. 6:05 p.m. Appl. No. 4568 - DOMINICK SEGRETE. This is a variance request under the Zoning Code, Article XXII, Section 100-239.4B, based upon the Building Inspector's April 9, 1998 Notice of Disapproval, disapproving a building permit application for an inground pool and deck addition due to its proposed location within 75 feet from the bulkhead, concrete wall, rip rap or similar structure, ' at 4000 Wunneweta Road, Nassau Point Club Properties, Cutchogue, NY; 1000-111-14-22.1. 6:10 p.m. Appl. No. 4569 - FRANK KROPF. This is a variance request under Zoning Code Article III, Section 100-33, based upon the Building Inspector's April 8, 1998 Notice of Disapproval, disapproving a building permit application for an addition which will create a non -conformity in that the existing garage will not be located in the rear yard at 1820 Marlene Lane, Laurel, NY; 1000-144-2-33. Page 2 - Agenda Regular Meeting - June 11, 1998 Southold Town Board of Appeals I. PUBLIC HEARINGS (continued) : 6:15 p.m. Appl. No. 4570 - JOSEPH FRAZZITTA. This is a variance request under Zoning Code Article XXIII, Section 100-239.411 for permission to construct deck addition with gazebo at a setback of less than 75 feet from the bulkhead at 1420 Inlet Way at Cedar Beach, Southold, NY; 1000-92-1-6. 6:20 p.m. Appl. No. 4572 - NICHOLAS METHVAN. This is a variance request under Zoning Code Article XXIV, Section 100-244B, based upon the Building Inspector's April 16, 1998 and April 19, 1998 Notices of Disapproval, disapproving a building permit application for a deck and addition which will exceed the allowable lot coverage of 20% for this nonconforming lot. Location of Property: 1630 Theresa Drive, Mattituck, NY; 1000-115-14-3; also known as Lot 6, Deep Hole Creek Estates. 6:25 p.m. Appl. No. 4574 - PREM CHATPAR. This is a variance request under Zoning Code Article XXIII, Section 100-239.4B based upon the Building Inspector's March 10, 1998 and January 6, 1997 disapproving a building permit application for a proposed (two-story) addition to dwelling and proposed accessory garage location which are proposed within 75 feet of a bulkhead, concrete wall, or similar structure. Applicant's February 2, 1998 Affidavit states the proposed use of garage to be for "occupiable space" intended as -a family room, library/study with wet -bar facility. Another January 6, 1997 Notice of Disapproval regarding this site was issued disapproving a proposed guest annex in proposed accessory garage, Article III, Section 100-31B(13). Location of Property: 680 Midway Road, Southold, NY; 1000-90-2-9.1; Cedar Beach Park, Lot 111 -112 -part of 144 (as a single parcel) . 6:40 p.m. Appl. No. 4575 - FRANK GASTON. This is a variance request under Zoning Code Article XXIII, Section 100-239.4B, based upon the Building Inspector's August 20, 1997 Notice of Disapproval (updated 5/7/98), disapproving a building permit application for a deck addition to dwelling with a setback at less than 75 feet from a bulkhead, concrete wall or similar structure at 1875 Bayview Avenue, Greenport, NY; 1000-52-5-5. 6:45 p.m. Appl. No. 4571 - WALTER MILLIS. This is a variance request under Zoning Code Article IIIA, Section 100-30A.3, based upon the Building Inspector's April 14, 1998 Notice of Disapproval, disapproving a building permit application to remove existing shed and replace with accessory garage, . which will exceed allowable lot coverage of 20% at 1800 (a/k/a 1875) Village Lane, Orient, NY; 1000-24-2-22. Page 3 - Agenda Regular Meeting - June 11, 1998 Southold Town Board of Appeals I. PUBLIC HEARINGS (continued) : 6:50 p.m. Appl. No. 4576 variance request under Article the Building Inspector's May disapproving a building permit due to ' its proposed location in 704 Wiggins Lane, Greenport; 19). - CHARLES D. SNYDER . This is a IIIA, Section 100-30A.4, based upon 8, 1998 Notice of Disapproval, application for an accessory garage an area other than the rear yard at 1000-35-4-28.24 (formerly CTM Lot 6:55 p.m. Appl. No. 4577 - This is a variance request under Inspector.'s May 8, 1998 Notice building permit application for a proposed front yard setbacks of Property: 135 Pine Tree Court, (a/k/a Private Roads), Cut- chogue, NY; 1000-98-1-7.15. CARL AND LYNNE FRITSCHER. Article based upon the Building of Disapproval, disapproving a new single-family dwelling with less than 50 feet. Location of and along Pine Court Extension 7:05 p.m. - Resolution to recess. 7:10 p.m. - Resolution to reconvene. 7:10 p.m. Appl. No: 4578 - STEPHEN and ANGELA PUTZI. This isa variance request under Article III -A, Section 100-30A.4, based upon the Building Inspector's April 28, 1998 Notice of Disapproval, disapproving a building permit application to construct addition to an existing accessory garage in a front yard location at 2575 (a/k/a 2500) Lighthouse Road and Soundview Avenue, Southold, NY; 1000-50-3-6. 7:15 p.m. Appl. No. 4579 - EDWARD & AUDREY CIELATKA. This is a request for a Special Exception to establish Accessory Apartment Use' in the principal building of the owner -applicants as provided under Article III, Section 100-3111-13 {formerly 100-3111-14) of the Zoning Code. Location of Property: 260 Cedar Summit Road, Southold, NY; 1000-78-9-29 (Bayside Terrace) . 7:20 p.m. Appl. No. 4580 - ALBERT AND JANICE RATTI. This is a variance request under Article XXIV, Section 100-242 (100-244), based upon the Building Inspector's May 19, 1998 Notice of Disapproval, disapproving a building permit application to reconstruct dwelling which was damaged more than 50% by fire, and proposed to be rebuilt with an insufficient front yard setback. Location of Property: 420 Lesters Road, Mattituck; 1000-114-7-8. 7:30 p.m. Appl. No. 4544 - MAR:TIN ROSEN (OWNER: Booker & ano). Location of Property: 11780 Sound Avenue, Mattituck, NY; County Parcel #1000-141-3-44. This is a request for Interpretation Page 4 - Agenda Regular Meeting - June 11, 1998 Southold Town Board of Appeals I. PUBLIC HEARINGS (continued) : M. ROSEN. continued: and/or Variances based upon the Building Inspector's February 18, 1998 Notice of Disapproval, disapproving a building permit applica- tion to construct a tower for telecommunications use, for the following reasons: 1) the proposed telecommunications tower being located on a non -conforming lot in an LI District is not permitted according to Section 100-165B; 2) the proposed tower being the principal use on the lot is required to have a rear yard setback of 70 feet pursuant to Art. XIV, 100-142; 3) the proposed tower is required to be located at least one -hundred (100) feet from the nearest 'dwelling unit pursuant to Article XVI, Section 100-162C.3...." II. SEQRA DECLARATIONS: Type II Actions: D. Segrete, F. Kropf, J. Frazzitta, N. Methvan, P. Chatpar, G. Gaston, W. Millis, C. Snyder, C. Fritscher, S. Putzi, E. Cielatka, A. Ratti. III. RESOLUTIONS/OTHER UPDATES: A) Approval for Filing of Minutes: May 19, 1998 May 14, 1998 Jan. 22, 1998 Jan. 15, 1998 Feb. 4, 1998 Feb. 26, 1998 Apr. 7, 1998. B) Discussion and Possible Board RESOLUTION. Schedule Hearing date on Possible Town -Wide Interpretation of Zoning Code Section 100-31C-1 pertaining to 'accessory uses customary and incidental to a principal dwelling use in the Residential Zone Districts, Section 100-31C-1. C) RESOLUTION: To authorize advertisement of the following new applications for public hearings to be held Thursday, July 23, 1998: #4581.jd - J. Lebkuecker. Height of retaining wall. #4582.1t - Yuzbasioglu/Schroeder. Interpretation for reversal of B.I. action. Page 5 - Agenda Regular Meeting - June 11, 1998 Southold Town Board of Appeals C. Resolution setting Hearings for July 23, 1998 continued: #4583.1c -. B. Mellinger. Setback. (#4584.jd - withdrawn) #4585.1t - I. Erey. Deck setback. #4586.1c - L. McElroy. As built swimmingpool location. #4587.jd - J. Dwyer. Proposed addition. Existing foundation. (plus carryover hearings from tonight, if any) . D) Special Meeting date to be determined by Chairman. Carryovers from tonight's agenda and new business transactions. E) RESOLUTION TO REFUND AND NOTE APPLICATION OFFICIALLY WITHDRAWN. SE #4584 A. Marusevich for proposed Accessory Apartment. (Confirmed by letter) IV. DELIBERATIONS/ DECISIONS: A. Carryovers for Decisions: 1. Pliaconis - lot coverage for all construction (as of 6/5 await confirmation of new calculation without deck area). 2. Shank - lot coverage & setbacks (new info received 5/28). B. Decisions for applications from tonight's hearing calendar as deemed appropriate by the Board at this time. C. a i )k Ir� ,��I ,! I Ir�� 2�1 � ,�"U Board ' Of Southold Town Trustees SOUTHOLD, NEW YORK PERMIT NO... 41. `I 1/ Z .. DATE:.. July... 23.,....1.9.98 DR PREM C.....CHATPAR...& ..TH.ERESA..:PREND.ERG� ISSUED TO..............�.......................... A1It4d1XtzFlftilri Pursuant to the provisions of Chapter 615 of .the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Southold Town Ordinance en- titled ."REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM . LANDS UNDER TOWN WATERS;'.'. and in accordance with the Resolution of The Board adopted at a meeting held on ... 12.4.1..98...... 19....98..., and in consideration of the sum of $....150...00....... paid by ...Patricia.. Wore ... for .... REM...CH,A.T.PAR ..&..:T.....PRENDER.GA.ST of ........ Cedar...Beach............................................. N. Y. and subject to the Terms and 'Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: Wetland Permit for rebuilding a :1 1/2 story garage/ fam.rm/libr with condition that a 25' non -turf, non -fertilized buffer be main- tained at the Midway Inlet area & the garage/fam.rm. /library not be used for habitation and that drywells & gutters beplaced on the all in accordance with the detailed specifications as presented in newthe originating application. garage construction. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this data. �FFO ..............:......1 .../. �.....:.........:.....��, �.� v98 R f l t l Albert J. Krupski, President James King, Vice -President Henry Smith Artie Foster Ken Poliwoda July 23, 1998 Patricia C. Moore 51020 Main Road Southold NY 11971 BOARD OE TOWN TRUSTEES TOWN OF SOUTHOLD Re: PREM C. CHATPAR & THERESA PRENDERGAST SCTM #90-2-9.1 Dear Mrs. Moore, Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 Fib) The following action was taken by the Board of Town Trustees during.its Regular.Meeting'held on July 22, 1998, regarding the above matter: WHEREAS, DR. PREM C. CHATPAR & THERESA PREDERGAST, applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated June 25, 1998 and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on July 22, 1998, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members -have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 97-18 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of.Trustees approves the application of DR. PREM C. CHATPAR & THERESA PRENDERGAST for the rebuilding of a 1 1/2 story garage/family room/library with condition that a 25' non -turf, non -fertilized buffer be maintained at the Midway Inlet area and that the garage/family room/library not be used for habitation and that drywells and gutters be placed on the new garage. construction, and, BE IT FURTHER RESOLVED that this determination 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. Permit to construct and complete project will expire two years from the date it is signed. Fees must be paid, if applicable, and -permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. FEES: None Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/djh cc. DEC ACE, Dept. of State , Zoning Board Building Dept. lLl t4ls 098 - LoFT`� �Lor��;` �I_n� A O LoFT`� �Lor��;` �I_n� A COUNTY OF SUFFOLK; STATE OF NEW YORK: X Prem C. Chatpar, M.D. 680 Midway Road, Southold, New York 11971 x Prem C. Chatpar, M.D. being duly sworn says: AFFIDAVIT 1. That my wife Terry and I are the owners of a property located at 680 Midway Road, Southold, New York also known as Suffolk County Tax_ Map number 1000-90-02-9.1; 2. That the subject property is surrounded.by Midway Inlet and Little Peconic Bay, and as such the renovations and additions to the main house have been limited and approved by the New York State Department of Environmental Conservation. 3. That due to the limited space in my main house and our desire for a quiet secluded space, part of the detached garage structure will be used for my personal use as "occupiable" space. 4. That the living area in said garage structure is intended as a family room, which would include my personal library/study. 5. That I will not use the occupiable space in the garage as -sleeping quarters or as an accessory apartment; 6. That I will not install cooking facilities in the garage structure. However, I do intend t6 have.a wet -bar for my personal use and enjoyment. 7. That I make this affidavit with the knowledge that the building department will rely on same for the issuance of a building permit and certificate of occupancy. Prem C.Chatpar,M.D. Sworn to be before me this _o?'? day of 1998. Notary ublic SANDRA R. DA,BRUSIN Notary Ptehiic, Stete of New York Pio. 30-010/1,4607302, Qualified in Nevreu County Commission Expires February 28,44W c) SURVEY OF LO'T'S 111 & 112 AND P/0 LOT SURVIVISION Arlin of CEDAR BEACH PARK PILE H, 90 rILED DECEMBER 20, 1927 SITUATED AT BAYVIEW TOWN OF SOUTHOLD \` S SUFFOLK COUNTY, NEW YORK V 46• S.C. TAX No. 1000-90-02-9.1 \ 7 MAY 27, _ MARCHMARCH7, 1996 UPDATE SURVEY JULY 9, 1996 TOPOGRAPHICAL SURVEY n ` `i\ 8n'9 • ,I SEPTEMBER 17• 1996 PLOT PUN c it 0 - a `z ��' .L, , AREA = 44,995.85 sq, ff. ,rt 1.033 oc, z z\E N 70'43'50" W 98.86' ACTUAL 100.00' DEED O _ I\IIDtiVAY H....., ROA1 °� �� �� 98 s. o.' 0 7544'50 E 6 S . 00 wrEwnvY / y 1, FFCr05ET7 I-1/2 5rGKY,GJ1tJ'CE `� 4 Qf5r AMC -X. 1 „X•:I�;�U `r 04 "arks!',.. -.3< .✓ "� f1'� 0 Y ED II,G.V.D. 1929 DATUM. 'J SHOWU THUS! .Q7 SHOWN THUS: 4 LEACHIHO POOL 10-- J f Q Y I.EACUTTIG POOL F— CJ o E 1 r, bl W SURVEY OF LO'T'S 111 & 112 AND P/0 LOT SURVIVISION Arlin of CEDAR BEACH PARK PILE H, 90 rILED DECEMBER 20, 1927 SITUATED AT BAYVIEW TOWN OF SOUTHOLD \` S SUFFOLK COUNTY, NEW YORK V 46• S.C. TAX No. 1000-90-02-9.1 \ 7 MAY 27, _ MARCHMARCH7, 1996 UPDATE SURVEY JULY 9, 1996 TOPOGRAPHICAL SURVEY n ` `i\ 8n'9 • ,I SEPTEMBER 17• 1996 PLOT PUN c it 0 - a `z ��' .L, , AREA = 44,995.85 sq, ff. ,rt 1.033 oc, z z\E N 70'43'50" W 98.86' ACTUAL 100.00' DEED O _ I\IIDtiVAY H....., ROA1 °� �� �� 98 s. o.' 0 7544'50 E 6 S . 00 wrEwnvY / y 1, FFCr05ET7 I-1/2 5rGKY,GJ1tJ'CE `� 4 Qf5r AMC -X. 1 „X•:I�;�U `r 04 "arks!',.. -.3< .✓ "� f1'� 0 ED II,G.V.D. 1929 DATUM. 'J SHOWU THUS! .Q7 SHOWN THUS: AIIK LEACHIHO POOL 10-- J TAUT( Q Y I.EACUTTIG POOL F— CJ o E bl W bo .HI TART SYSTEM H'9 -- DATA PROVIDED BY: N .10! WED !/IZJeS 7 '- N ..r.vo N 70'33'25' W 104.36' IV LITTLE PECON1( �EQ77ffE0_I'Q: CHICAGO TITIF IIISUPAHCr lb r Y � 'J ►�� k 7 DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK - ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE July 9, 1998 JUL 11 4 III , STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING 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) Riverhead Building Supply 4547 Pliaconis, Christopher 4559 Shank, Robert and Ann* 4560 Segrete, Dominick 4568 Frazzitta, Joseph* 4570 Hillis, Walter 4571 1/Chatpar, Prem** 4574 Gaston, Frank 4575 Snyder, Charles 4576 Ratti, Albert and Janice 4580 *Alternative relief appears warranted *With the understanding that the garage will not be used for sleeping quarters. GGN:cc CM I I CC\ZONING\ZONING\WORKING\LDS\J UL\SH4547.JUL LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR ■ 100 VETERANS MEMORIAL HIGHWAY Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner MAILING ADDRESS P. O. BOX 61 00 ■ (5 1 6) 853-5 190 HAUPPAUGE, NY 1 1 788-0099 TELECOPIER (5 1 6) 853-4044 o- t/� Z "� • 4v OFFICE OF BOARD OF APPEALS 53095 Main Road. Southold; NY 11971 (1-516) 765-1809 tel. (1-516) 765-1823 fax Pursuant to Article XIV of the Suffolk County ; ni motive Code, The Board of 43peals of the Town of Southold, New York, hereby refers the following to -the Suffolk County Planning C aniss m: X_ Variance from the Zoning Code, Article XXIII Section 100-239.48 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4 74 Applicant: Prem Chatpar Location of Affected Land: Midway Rd., Southold, NY County Tax Map Item No.: 1���-g0-2-9.1' Within 500 feet of:. Town or Village Boundary Line �_ Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed. County, State or Federally Owned -Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-cf-Way'of-any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.. to construct a two story addition to dwellinq and accessory garage within 75 feet from bulkhead — Copies of Town i1 .e a d re ated°documents enc osea for your review. Dated: 3� APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 23, 1998 Appl. No. 4574 - PREM CHATPAR PARCEL 1000-90-2-9.1 STREET & LOCALITY: 680 MIDWAY ROAD, SOUTHOLD DATE OF PUBLIC HEARING: June 11, 1998 FINDINGS OF FACT PROPERTY FACTS/ DESCRIPTION: The applicant's property is located along the southerly side of Midway Road,- extending to the easterly ' end. The total land area (upland and wetland to tie lines) is 44,995.85 sq. ft. The survey, prepared by Joseph A. Ingegno is last -dated May 19, 1997, and shows the location of the existing two-story frame house and -one-story frame garage (to be removed) . BASIS OF APPEAL: Building Inspector's March 10, 1998 Notice of Disannroval which reads as follows: "Your application dated December 20, 1996 for permit to construct a two-story addition to an existing dwelling and an accessory garage ...is disapproved on the follow- ing grounds: the two story addition and the proposed construction of accessory garage encroaches on setback requirements of 75' to bulkheads, concrete wall, riprap or similar structure, Article XXIII, 100-239.4B." AREA VARIANCE RELIEF REQUESTED: The variances requested by applicant are: a) To construct two-story addition at the southeasterly corner of dwelling, with proposed setbacks at 39 feet and 46 feet (variables at the closest measurements) to the existing closest bulkhead; and b) To locate an accessory garage of 25.6" x 28' in size, plus extension and wooden step area of approximately 64 sq. ft., all as shown on amended sketch: the setbacks are proposed at 75 feet from the most easterly bulkhead, 52 feet from the southerly bulkhead, and 61.5 feet from the northerly property line at its closest points. (This proposal was modified by applicant as a result of the June 11, 1998 hearing and discussions. The applicant's original proposed location was 66 feet to the easterly bulkhead', 54 feet to the southerly bulkhead, and 59.5 feet to the northerly property line . ) Page 2 - June 23, 1998 Appl. No. 4574: 1000-90-2-9.1 (Chatpar) Southold Town Board of Appeals Applicant, through his attorney, has indicated in this application that he is not requesting variances based upon former Notices of Disapproval issued 1/6/97 by the Building Inspector. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Applicant , intends to remodel the existing house, including an addition of roughly 250 square feet to fill in the house's southeast corner, and to replace the existing garage with a new garage plus study. Applicant requires variances, as described above, from the Code's requirement that structures be set back at least 75 feet from bulkheads. On the basis of testimony present and personal inspection, the Board makes the following findings: (1) The proposed addition at the southeast corner of the house is a key element in applicant's remodeling plan. The addition is proposed to be 39 feet from the bulkhead at its closest point; whereas the southeast corner of the house at present is approximately 50 feet from the bulkhead. A setback of 39 feet is not inconsistent with setbacks on neighboring properties, and the granting of a variance allowing such a setback will not cause an undesirable change in the character of the neighborhood or a detriment to nearby properties. (2) The requested variance relating to the house addition is not substantial in view of: a) the setbacks on neighboring properties and (b) the fact that the entire rear face of the house will continue to be at least 75 feet from the southerly bulkhead on Peconic Bay. (3) The requested variances in relation to the house addition will not have an adverse effect or impact on physical or environmental conditions in the neighborhood. (4) The existing garage is deteriorated, and the benefit of a proper garage can be obtained only by construction of a new building, the location of which is somewhat constrained by the location of the septic system (as well as by convenience) . Applicant's amended plan shows the new accessory garage building set back 75 feet from Midway Inlet and 52 feet from the southerly bulkhead on the sandy beach. The existing accessory garage building is approximately 50 feet from that southerly bulkhead at its closest point. (5) The grant of the requested variance relating to the garage will not cause an undesirable change in the character of the neighborhood or a detriment to nearby properties because the setback from the southerly bulkhead changes very little from the current setback, and in fact is increased. Such a variance is not substantial. Page 3 - June 23, 1998 Appl. No. 4574: 1000-90-2-9.1 (Chatpar) Southold Town Board of Appeals (6) No regrading or filling of the land is . planned. Construction of the new garage -plus -study in . the location proposed in applicant's amended plan will not have an adverse effect or impact on physical or environmental conditions in the neighborhood. The Board concludes that the following actions are the minimum necessary and adequate to enable applicant to remodel the house and have a proper garage while also preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance relating to the house addition as applied for and, as alternative relief relating to the garage to GRANT a variance authorizing the location indicated in applicant's amended request submitted on June 12, 1998, subject to the following CONDITIONS: (1) The subject accessory building shall be used only for purposes accessory and incidental to the use of the dwelling and shall under no circumstances be used for habitation, rental, or other unauthorized purposes and in accordance with Owner -Applicant's sworn Affidavit of February 2, 1998; (2) The subject accessory building may contain one three- quarter bathroom (a toilet, sink and shower) which shall be located on the ground floor (in no event shall more than one such facility be permitted; (3) The subject accessory building shall not exceed eighteen (18') feet in height in accordance with Section 100-33 of the Zoning Code. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS, AND HORN GERARD P. GOEHR-fNGER, CHAIRMAN 90-2-9.1 %Approved 6/27/98 O7TILT Off' BOA OF APPEALS (516) 765-1809 ZBA tel. 765-9074, fax Patricia C. Moore, Esq. Moore & Moore 51020 Main Road Southold, NY 11.971 Southold Town Hall 53095 Main Road Southold, NY 11971 June 29, 1998 Re: Variance Determination — Project of Dr. P. Chatpar Dear Mrs. Moore: Enclosed please .find a copy of the Appeals Board's determination, with conditions, regarding the above project. Before construction activities may be commenced, issuance of a building permit is required. Please contact the Building Department directly at 765-1802 regarding further review. A copy of this variance determination has been transmitted to the Building Department for their update. Encl. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN cc w/ encl: Building Department Original filed with Town Clerk's Office THE CRC COLLABORATIVE,.P.C. ARCHITECTS d� PLANNERS 2103 DEER PARK AVENUE . DHit PARK, NEW YORK 11729 TLLEPHONEt 516-263-5005 4! INTER -OFFICE MEMORANDUM TO: BOARD OF APPEALS FROM: OFFICE STAFF DATE: JUNE 23, 1998 RE: NOTICE REQUIREMENTS Please note that two signature -cards have not been returned regarding the P. Chatpar variance application. The hearing was concluded (closed) by th.Board on June 11, 1998; however, we felt it was necessary to bring�to your attention in the event of a question in the future. i Zoning Board of Appeals G re: Prem C. Chatpar On the same side of the street on the Bay are the following: (1) 1000 -90 -2 -lot 2: N/F Moy is approximately 30 feet from the bulkhead; (2) 1000 -90 -2 -lot 3: N/F Harrington is approximately 35 feet to the bulkhead. (3) 1000 -90 -2 -lot 4: N/F R. Hall is @ 30 feet from bulkhead; (4) 1000 -90 -2 -lot 5: N/F A. Amend (Austin Powers) is 28 feet to top of bluff with a wood deck then he applied for an addition 60 feet from bulkhead; (5) 1000 -90 -2 -lot 6: N/F W. Tuite (next door) received a variance from 751: requested 32 , The survey actually shows approx. 25 feet setback from bulkhead (6) Chatpar proposed corner 39 feet and 66 & 54 feet, and 75 feet with unique lot. On the other side of the Inlet on the Bay: (7) 1000 -90 -2 -lot 13.1: vacant (8) 1000 -90 -2 -lot 15: N/F Wiederman is approximately 40 feet from the bulkhead. (9) 1000 -90 -2 -lot 16: N/F Danilczyk approximately 40 feet to bulkhead (three bulkheads on this property) I Q3 -j L A L, a Tower c loao - timber bulkh-rd "a o7 Wr- 5.70*43'50"E. -76.7 0 0 Lo -r It 9 4-frnber bulkhead 93.3 11 L IT7LE . 0 DA I VV. N MOY Ui le 50 PECONIC 1( SAY - Rf-et- +0 :h Rtirle, 0. Clerk's 0. �5 "ryrro hon ' J/ I 0 Is*. 100 0, Sex--+. 090, 31k 2, P,-1- I JAN 2 0 1995 ,TOWN OF "SOUTHu't. Surveyed 04ec. 28, ,994 Licensed Lar -rd 5Lit-vesvor-s GrEeripor+ -- Kew York F- Tower c loao - timber bulkh-rd "a o7 Wr- 5.70*43'50"E. -76.7 0 0 Lo -r It 9 4-frnber bulkhead 93.3 11 L IT7LE . 0 DA I VV. 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L, 1—..—.ra. of �• ..'�•, �` 11 •. .., W, LOA W i •• � 0 +.et131 t w r• «. � • ``'• r I„I q, L� �� _ G t 13 fu.oL..•rce u•Im • t3 y LL LAK£ •• to • i. ^ LL . Lo ! le ..4. ! I.•+W .n.. w..1004 R .• �pM•E as bowfhmo _ , . W. ` n _ m „'4p t• "•" A_." DN. AKE 1 to o w. DN. i ! I I to L «u ; 1if./ Y 1 w • 6.1 II+YI I I MAW .3 i Litltl HOC NECK BAY 3C[ SEC. MD. IN .l :41 .nw� �ra•`.oi�eilu� vnuen" •ona .— r rrz:mvi: /a .wrao .... __ "••1• •+— "—- ',,Ll'r,• i'^aLw Legend --- tY.a.narLr. K!]33r - - - - © COUNTY =:"--•• __.F.-- .•..o1.m..Lw Il.+..�u.m..0«__...__ 3u.I.I..L.w. I].I OF SUFFL :y I11{i 3t..lr . • `�`lw =_=— — --•--_ uN m.ma u« L.+...o�.....Lw_—.a.__ a.+o....... pr. on Real Property Tax Servic= °...Sj�' J L•L.�, N....n _—.G_—. iw.l la.- L D..I M.. 1].NI KLLIN/L[i COVnir Center Ll.. f.L4w.�KY.L w. Dl) C� b.. 1)3h7 ILI Riverhead, L. L, Nw Y- i _ - IV 0 {, hsr ./sb f 6• R 04 O /0000, f�QY 3 1 ti /V 69. d g4" V h N 1%, 9995, N ` �f+ti1l 4017' O N ►� SURVEY OF LOT 116 " CEDAR BEACH PARK " FILED DEC. 20, W7 FU NO. 80 AT BA YVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 - 90 - 02 - 03 Scale: 1" = 20' Sept. 5, 1996 CERTrFIED TO► PRESTON M. HARRINGTON, III NANCY S. HARRINGTON e r - ANY AL MUTAON OR ADD17I01V TO TMS SURVEY IS A VIOLATION OF SECTION 7209 OF TIE NEW YORK STATE EDUCATION LAW EXCEPT AS PER serum 7209 -SUBDIVISION 2. ALL CERTInCA{ITONS SAO MAP OR V F$ AR � IMIRS COPIES ED ISEEAL OFE� SURVEYOR WWSE SOM nft-_ APPEARS HEREON. AREA = 10, 921 sq. I r t. to tie line ADbITIANALLY TO) COWLY O TH SAO LAW THE TERM ALTERED BY- ANOET%SI/RYtVFyORS ALL LTA SUCH ASORS L7NSN'PECTEDPAND BROUGHT-TO-DA}TE. ARE NOT IN COMPLIANCE WITH THE LAW. LIC. NO. 49616 (516) �6b'jmP. 0. BO1230 TEET SOUTHOLD, N.Y. 11971 96-216 above rrigsatl 1-7, 15E34 Cj MY 3 -0 LU, N It ,;.j Ter in 6e r 74)' 40 7/ Wa j be'r e) r I. -7' Zc t1a t e., e-. Ive w CNI Cj MY 3 -0 LU, N It ,;.j Ter in 6e r 74)' 40 7/ Wa j be'r e) r I. -7' Zc t1a t e., e-. Ive w L sax.,oa2y= fn a.n' 2 x 2 a 2 1n ^oe e m"'i v Tempo n aN3 a a �• A m�� e iA\T`os � ••ZNaeT2 O i2Ni^aa 2 11 O O A e N ti I 2~��4fne t eya=ac A 1h A ora r Aq° -g� n a 21 ai�tiA2� m 2ND � MO 14 2 o c°oa� 3To 2 C a c •a ° x ., ° e1N, C n e •� C C1ln SAT Ln men o'�OT C 2x, M nye,} oia°oat p uc• o`'T t C M TI z° Zai �i O x T O b T A O.r� j i In � �^i c v OaM n oiN REF ONL 00 - 090-02-006 MIDIII14Y ROAST t PRI VA7E) F; S 70 = 43 40 "E ?16.217 Act. 9y 85 217 MAP Post (v'lv7 ( 100 MAP) i a ( _ 1 f• G V r•I � .. I ' N �•t' ' � I r I.,I W.., - Prl< --I I I STY. •I FRAME GARAGE 'I 'Fcout 0.311N Y I r?i1♦ 4.1j•.� JL - J05 S'HD 475-1 F/ A:,U K3 1 OV LOT 113 1 I � I � I f� o I I I " I _ L11 W I 1 Cc kb L 1ef¢1,1 r _ I' I� a''r w'11 STORY FR, �, DWLG (Alurrr;Srdiny j' ti` F1 e's" w Ix ,• Ful;,c e'3 E �' I� i� ° � T r T 2 I I r l fry/iPd w p v�iv3 1 � Iwar✓ �dlnl f•rrE+�rC�ild b�L�ClL2.li __�A I• I c �� e a •'�r Nfyh hLateTlrNe r,,.r;9, --'L"LLI. � I1 TTS T � I N 69!50'10'w ' 96.71 .� N 6J •54'•10".N L/.TTL E i I l' PECON/C BAY b• L I� I/ S UR VEY' OF PROPERTY i Slt,"uted at Surveyed by L A% a S*MI l H !^ uVIYV TOWN OF SOUTHOLD SUFFOLK COUNTY Frofessiono! sand Surveyor NEW YORK 120 MEDFORD AVE. i{ PATCHOGUE, N.Y. SCALE: I"=25' Phone -175'-3192 iR Survey Certified to: " THE TITLE GUARANTEE CO. T 1281-2963 Lol nos. shown Hereon rehr to Map WILLIAM TUITE of Ceder OCOCII Puri(, filet/ OCC.20, 1.927 PAULA TUITE 05 n0. 90. Pren7/5CS 0160 o110wn pS Lot CITIBANK 017 rd'ip NO.I Pcrt'oF ProperlV o/' EJ.vin A. r,e dist. Pei. drown qt 5ugvm;,;' fddcl dl 17.2 ?FTC�6 i -60 1tv?- a MAP 5 0 RV Sol WE SCAL MC LtO-f NVMB K91 5 BEACH PARK' Fif,,e' CLM4415 OPP(CfEr AS GUARANT640 T( Ji AND THE $OUT"' -rt.,,P,4 567, W-1-444 0-4"y SO -WA-fG-MA" to T VAIN. TL L ITT L E P F. C. 0 N 1,C SAY /OL)o . . . . . . . . . . tc)6 107 -t: 0 0 4. C-4 0 A d mAP OF LAND 5 0 Jzv rrY 10 5 004 W I F- J_) 1\4 A f -,,i AT SOUTHOLD SCALE molqu"a T LOT NUMBIMS, S14 I GWU ZZF""To "MAP QF'cgDA -t) IN Tge SUFF.01�K C.OUt4TY MAP N, . iJtAO#V- 90' ii GUARAW-rEe.0 TO -wo- -1 . AND THEI $0-QTV44PLJ) S-AViNG0 BAt 5.pv-vs\/9p AUGUST 31, 19 UYL SON rz_ VAM New leo -awl. e F- WPQ Ic AY OV.Y )$a T Tr Y; -t: 0 0 4. C-4 0 A d mAP OF LAND 5 0 Jzv rrY 10 5 004 W I F- J_) 1\4 A f -,,i AT SOUTHOLD SCALE molqu"a T LOT NUMBIMS, S14 I GWU ZZF""To "MAP QF'cgDA -t) IN Tge SUFF.01�K C.OUt4TY MAP N, . iJtAO#V- 90' ii GUARAW-rEe.0 TO -wo- -1 . AND THEI $0-QTV44PLJ) S-AViNG0 BAt 5.pv-vs\/9p AUGUST 31, 19 UYL SON rz_ VAM New leo -awl. e F- WPQ Ic AY 79-52-2640/ \ AO ss O ST /0� .0 fie\ e'�Z•p 'ON T/.G� � �pT/O, ti 1-07-106 a �' L OT �0S ts.: • y e.r Y r to h ry s/•�� rc � b A'AJ/� ti e°d • u�` b d � unauthorized altetssilion or addition fo this survey Is a violatl of section 7209 of the New York State Education Law. xe- c Copies of this survey map not bearing the land surveyor's in ed seal or embossed seal shall not be considered to be a valid cc N' Fg035'30" Dy. � Guarantees or certifications indicated hereon shall run only to for he person whom the survey is prepared, and on his behalf to ADOZ ` i?' he . title company. go•rammental ';gancy znd ibbnding institution lis d L. 1'r7 -L. E 7iereon, and to the assignees of the lending institution, Guaranif es or certifications are not tronsfercble to additional institutions PFCoNiC subsequent ownem or 84Y SURVEY FOR REFERENCE r CHARLES V. 8 BETTINA DANI CZYK "CEDAR BEACH PARK" FILED 12/20/27 AS MAPNO.90 AT SAYVI EW �� OF NEW yO,Q TOWN OF SOUTHOLD 5 OERT A. �. 'F GUARANTEED TO SUFFOLK COUNTYs N.Y. QO �dj. SUFE TITLE INSURANCE COMPANY OF NEW YORK ARLES V. B BETTINA DANILQYK SCALE , 1"= 40' JUNE /B, 1979 F `'pFN is ��"•�'• 2872`' /�� A�-lG� LAND SURVEYOR SFO LAND Svc NIS. LIC.NO.20726 RIVERHEAD N.Y. Nom p _ S 14- 4 a `d ' PIO''LOT z zFOU IRDN ND PIPE '; t- . �' • C )WAY CV UTILITY POLE NYT N z N VA WOOD w - N 70'43'50" :;W , .:... 98.86' ACTUAL 100.00' DEED O \ '- ROAD" �M 9806, a, s r� 75°44'50 E S' 70`43'5 ` 10000' ;.Z \ —� • - FOUND i0UN0 IRON PIPE CONC. YON. REMANS OF f WOOD DUCK I I . I II q d .•I I I I 1 'a s—,, ^ Ips , 14� 4,. IQ _LIWELL I I s7or�e DRryfWAr PR I LOTltil BRICK WALK— I .. . . ,�-cui• mRE DRNEWAY ' .. 1 • STORY a vFRAME GARAGE WOOD STEPS— 14.0' I a - ROOF O'/LR CONC BLOCK PATIO 14.9 CONC. PLAT, 19.4' ROOF OVER WOOD PORCH - ". I CHIMNEY ". 2 STORY FRAME HOUSE cl nR ENTRANCE I IDs• _ --19.2:_ 119' CONC. PLAT. d 3B.O' WOOD STEPS I I LOT 1 12 i wwD euLwllA:, . —_—TIE UNE tAN HIDN WA. LER MARK N 65°38'48" W �_.__ -'- • %;`: NAIL r 89.94' j o � , r� I ET NAIL WC10U BUI1(HEIO T—r-- —_ _� v, I LITTLE -1 0 N 70°43'27" W 102.66' CERTIFIE=D. 7'0: ,TILE PECONIC BA 1, CHICAGO TITLE TITLE No, 9408-0 01 t ,5 5.`. PREM C. CHATPAR THERESA M. PRENDtf, ., PREPARED IN ACCORDANCE WTTh THE MINIMUM .� STANDARDS FOR TITLE SURVEYS AS EANDSTABLISHED B AND_ FOR SUY THE CH USE,S. THE THE NEEW APPROVED ORK STA�PL WD J O S e p f A. TITLE ASSGCIATION. - -` � Y COUNTY OF SUFFOLK 1— SOUTHOLD Real Property Tax Service Agency .-A., - . . ' , . -` � Y COUNTY OF SUFFOLK 1— SOUTHOLD Real Property Tax Service Agency .-A., - 1L Southold Town Board of Appeals MAIN ROAD -STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3697 Application Dated November 27, 1987 TO: Mr. and Mrs. William E. Tuite 1777 Harvard Avenue Merrick, NY 11566 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on February 2, 1988, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280–a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article XI , Section 100-119.2 [ ] Request for Application of WILLIAM AND PAULA TUITE for a Variance to the Zoning Ordinance, Art1c e I, Section 00-119.2 for permission to reconstruct and extend porch within 75 feet of existing bulkhead along Little Peconic Bay. Location of Property: South Side of Midway Road, Southold,'NY; Cedar Beach Park Map No. 90, Lot 113; County Tax Map District 1000, Section 90, Block 2, Lot 6. WHEREAS, a public hearing was held and concluded on January 14, 1988 in the Matter of the Application of WILLIAM -AND PAULA TUITE under Appl. No. 3697; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is known and referred to as Lot No. 113, Map of Cedar -Beach Park No. 90 filed December 20, 1927 in the Suffolk County Clerk's Office, and also shown on Map No. 1, Part of Property of Edwin A. Brown at Bayview filed January 27, 1926 as No. 802. 2. The subject premises is located in the "A" Residential and Agricultural Zoning District, is'ide.ntified on the Suffolk County Tax Maps as District 1000, Section 90, Block 2, Lot 6, and is shown on survey prepared by Smith and Ju_n,.g,,;,o.fr...D.e,c_embe.r,, 10, F,3r1981,r^to be improved with two structures. (a) 'si"ngle=fami ly',a =_s'te_Riei.ory° •frame",,: we'1��1'i n set;:`back' "r`a :ro i;m.a_tea. 9 x fe.;e.t";from x i a t:i .n` b u:a: k h'e a d n. s;. g• g` y. 'and (b:):'one,-story..;ac b,ss:ory; g'ar"ager.•,. t e d.: _i ` yard ' v }. ,, z f= �.� tri- ; 7., -"t, h e :»t i^ e'a' i'7� :�, , from `h'e��: e a s,t a ;,d` '}zr. r.p .�:..: '• ,. ... "x .f`e.et .jfrom. t{i':'.frori' p°''r'operty..1.`i.ne .anal ,.9-�� ,:from t .. CONTINUED ON PAGE TWO DATED: February 2, 1988. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appl. No. 3697 Matter of WILLIAM AND PAULA TUITE Decision Rendered February 2, 1988 the northerly portion of the existing dwelling. 3. By this application, appellants request permission to extend the enclosed porch 11'9" x 7'0" which is to remain., in 1 i ne with the rear (south ) side of the dwel 1 i ng and -,`,KW-;- n 1,11 ser t� than the exi sti ngr``32';'6" 'setback "from the existing bul khead along Little Peconic Bay. 4. Article XI, Section 100-119.2(6) requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. 5. For the record it is noted: (a) that Building Permit #16314Z is pending at this time for the repair and reconstruc- tion of the rear enclosed porch issued August 5, 1987; and (b) that the subject premises was the subject of a prior conditional action by this Board under Appeal No. 3005 rendered July 8, 1982 for the easterly side addition with sideyards at 8'6" at the east side and 18 feet at the west side. 6. In considering this appeal, the Board determined as follows: (a) the relief requested in relation to the established nonconforming setback is not substantial, being a reduction of seven feet landward of the existing nonconforming setback; (b) the circumstances are unique and are not personal in nature; (c) the variance as granted will not in turn be adverse to the safety, health, comfort, convenience or order of neighboring properties; (d) there will not be an increase in density by the grant of this variance; (e) there is no other method feasible for appellants to pursue other than a variance since the dwelling is located within 75 feet of the bulkhead and existing prior to the adoption of Section 100-119.2(B) [enacted in 1985]; (f) the addition is landward of the closest established setback and will not furth.er increase its nonconformity; (g) the relief requested is the minimal necessary and is not unreasonable; (h) the "practical difficulties" are sufficient to warrant a grant of this variance; (i) that in view of all the above factors, the interests 7 Page 3 - Appl. No. 3697 Matter of WILLIAM AND PAULA TUITE Decision Rendered February 2, 1988 of justice will best be served by granting the relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appl. No. 3697 for an 11'9" x 7'0" addition as requested in the Matter of the Application of WILLIAM E: AND PAULA A. TUITE, SUBJECT TO THE FOLLOWING CONDITION: 1. That the addition remain in line with the established rear porch setback; 2. That the addition not be closer than 32'6" as requested. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Absent was Serge Doyen of Fishers Island.) This resolution was duly adopted. I GERARD P. GOEHRINGER, CHAIRMAN PATRICIA C. MOORE Attomey at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 i q I JUN 21998 June 1, 1998 Southold Town Board of Appeals 53095 Main Road Southold, NY 11971 Att: Ms. Linda Kowalski RE: Prem C. Chatpar and Theresa M. Prendergast Application Hearing Date: June 11, 1998 Dear Linda: Enclosed please find completed Affidavit of Mailing with postmarked receipts from the post office for the above referenced matter. The return receipt cards will be forwarded to you upon our receipt of same. Also enclosed is the completed Affidavit of Posting for this matter. Very truly yours, atrici�ac � PCM/mr Encls. BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of Prem C. Chatpar and Theresa M. Prendergast (Name of Applicants) ------------------------------------x I AFFIDAVIT OI, COUNTY OF SUFFOLK) o STATE OF NEW YORK) I, Margaret Rutkowski Q ,, residing at Theresa Drip 0 Go New York, being duly sworn, depose and say that: C*r° 1) On the 29th day of May , 199 8, I CL t cei t re uested a Z 306 461 245 US Postai Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse ITliam E. & Paula A. Tuit streec�.Nu ber �U�/ �outhwest Heronwood R Post office, State, & ZIP Code Palm City, FL 34990 Postage $ .55 Certified Fee 1.35 ~ Special Delivery Fee Restdcte iv Al RetpYrReceipVtWowin,9AAA- WhoFn & Qate Delivered d 1-10 ReR * to When, Dat & Ad ebs A D9 eA To L P age &Fees VU 3.00 Pos `� / sir.9%•i by cert ><e mai , re urn re p q ------- ----------- ---------- - attached Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each name below certified mail, return receipt requested attach post office receipts here): Name of Surrounding Property Owner Mailing Address William E. & Paula A. Tuite 2057 SW Heronwood Rd., Palm City, FL 34990 ina Wiederman 77 Country Village Lane, New Hyde Park, NY 11040 �- Peter & Barbara Herz 100 Oak Drive, East Hills, NY 11576 William & Mary Provencher 505 Midway Road, P.O. Box 1749, Southold, NY 11971 Severus Deleo and others P.O. Box 194, Southold, NY 11971_ and, 2) _-`_ On the day of 199 , I personally posted the subject property identified as District 1000, Section , Block Lot , by placing the Town's official poster , ten (10) feet, or closer, from the property line facing the street or facing the right-of-way, and that I have checked to be sure the poster has remained in place for seven full days prior to the subject hearing date, which is 199 . Sworn to before me this r. Qsignature) 29th f Ma 1998. Moet► Pebti4✓ Sulu York Notary Public Suft& COUMV - No. 4861668 Q limon ion Expires June 16, ..0 9 9' **Please return to the office of the Board of Appeals when completed. (Town Hall hours are 8 - 4 p.m.) Thank you.' ,ad ONsreucro� aFADe�r�ewfG,yeaGE,�Va�ia�cFs N 0 -TI C E,','' H EA R ICa NOTICE IS HEREBY GIVEN that a public SOE➢THOLD TOWN BOARD OF APPEALS a4 the Southold, New York, corscerning this property. hearing will be held by the Town Hall, 53095 Main Road, if you have an interest in -this project, you are invited to view the Town files) which are available for inspection prior to the day of the hearing during .normal business days between the hours of 8 a.m. and 4 p.m. SOAR® -OF.-APPEALS'.-,® -TOWN OF SOUTH®LD 516 765-1609 a FORM N0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. AMENDED NOTICE OF DISAPPROVAL DATE: „ __.._,_ To .. PATRICIA. C.. MOORE,_ ATTY A/C Chatvar _ . . ... ...... . P 0 Box 483 ........................................ _.Mattituck .NY 1.1952::. ................. .......... ... .. PLEASE TAKE NOTICE that your application dated December_A,. 1996 for permit to construct. a. two. story_ addition. to an, existing. dwe11inr,. �. an- accessory ga ... ........ ..... ....... ....... . Location of Property .............. House No. \ Street Hamlet County -Tax Map No. 1000 - Section ..90....... BLOCK ..?........ LOT .......... Subdivision ............. Filed Map No. .........Lot No. is returned herewith and disapproved on the following grounds the.two,story_addition_.... and the proposed construction of accessory garage encroaches on setback requirements .............................................................•---••..........-••......... of 75' to bulkheads, concrete wall, riprap or similar structure -Article %%III-100= ............................•--...............------..................................... 239.4.B. ......................................................................................... Action .required .by.the _Zoning.Board.of.Appeals DEC_ &_ Town. Trustees..... _ .... . . ....�. . .... .. .......... ......................................................................................... .... ...... ../........-•-... BUILD G IN ECTOR RV 1/80 / j 3 . ; :,... S . , 4 E 00.00' Z� \ r.w. �q r�1 XIN, 1� �Ald \\ colic. MON. US GE- Id... I X N x �♦ -04 AAOt71'Y VM4::: t :: .:...• 9' 4 V I•'': ' x`'� - rrr MMMAY I FROF05W 1-1/2 5WRY ' C4APAaz FAMILY LIWAVI ........ ... W*6WN AMA X. x Q X �q 9rtlCK\WALK .".. '74 '.. <:'>: :.: �. (....� ":: •:;:1: "STXORY` � LOT OW MHE ... -\ ...yt;N3:'°:' RAW— `VAG �-�.. ' '.:.{•,'Y;:'.`..i ;47::'`7' Q( - ....::.. WOOD STEPS ` -i i 1L ,' •'.:'.'!�. ,`� .: �i,(�'• II I'I'lJPO5Cl7 b6. HOOF OVER �O ♦ L _ _ _ WOOD 5'f5PS _19.4' Y WOOD P011CF1 ^\ 8% - VERA • o�' - X10 ♦ `♦ivy F.FL i7 0 �x 2 STORY RFROK\ 1 I x OHNNU FRAME HOUSE c 1M�OV kytCrS 1 • - 1 - 00 �`� .' :::`:..',.;. `..' 9 !� TO 17C POOLS ` \ sea - - - - r.6. 21 ,^ WOW S t i 1 39� NEW WOOD BUII(HFAD T.B. v' w A I'tzOt'05�n 2 SfOtZY WOOD B.B. � � � , � .. , � . FI; W AWITI0N SLOT f f2 / SAND BEACH A.4 TIE NE or y'Y YFAN 11101 WATM .1. w I B.B. J4 X10 —" W �� 'r - - N 65'38'48 c.MON. — I 3 87.30 A w I N M M 00 M d• ' ). NEW WOOD 9UJQiVD 104.36, LITTLE PECONIC. N 70'33'25" W ECONIC BAY CERTIF CHICAGO TITLE INSURANCE COMP, TITLE No. 9408-01557 PREM C. CHATPAR THERESA M. PRENDERGAST—CHATI Joseph A. Inge Land Survey rtle Surveys — Subdivisions — Site Plans — Con. PHONE (516)727-2090 Fox (I OFFICES LOCATED AT AWT One Union Square P•1 " Aquebogue, New York 11931 R•rverfmc w BOARD OF APPEALS : TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of AFFIDAVIT OF MAILING AND POSTING Prem C. Chatpar and Theresa M. Prendergast (Name of Applicants) ------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore , residing at Terry Lane, Southold, NY New York, being duly sworn, depose and say that: 1) On the day of , 199 I personally mailed, by. certified mail, return receipt requested, a 'true copy of the attached Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each name below certified mail, return receipt requested attach post office receipts here): Name of Surrounding Property Owner Mailing Address and, 2) ,__ On the 29th day of May 1998, I personally postgd the subject property identified as District 1000, Section 90 , Block. 2 ,. Lot 9.1 , by placing the Town's official poster ten (10) feet, or closer, from the property line facing the street or facing the right-of-way, and that I have checked to be sure the poster has remained in place for .seven full days prior to the subject hearing date, which is' June 11, 199'8. ii — Sworn to before me this (signature) 94 day of %9 4 Y 199 8. MARGARET C. RUTKOWSKI Notary Public, State of New York No.4982528 Notary Public Oualiflad in Suffolk County Commission Expires June 3,19_7 9 **Please return to the office of the Board of Appeals when completed. (Town Hall hours are 8 — 4 p.m.) Thank you. § 58-1 NOTICE OF PUBLIC HEARING Chapter 58 NO'T'ICE OF PUBLIC HEARING § 58-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] § 58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the property line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street M' § 58-1 SOUTHOLD CODE 458-1 from the property included in the application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7) days prior to the date of the initial public hearing on the application and addressed to the owners at the addresses listed for them on the local assessment roll. The applicant or agent shall Me an affidavit that s/he has complied with this provision. 41, f G6¢ PATRICIA C. MOORE Attomey at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 � Fax: (516) 765-46431 ( I I� Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 ( IE0IE0 [E MVI 'Aret Rutkowski JUN j 21998, Secretary June 12, 1998 Re: Doctors Chatpar and Prendergast Midway Road, Southold, NY Dear Mr. Goehringer: After the hearing last night, the applicants considered the comments of the board and neighbors, and in an effort to achieve a reasonable compromise, they will agree to the following alternative relief: The garage will be setback from the Midway Inlet (closed canal) on the easterly side of the property a distance of 75 feet rather than the proposed 66 feet. And the garage will be moved away from Midway Inlet (nonbulkheaded wetland boundary) to no closer than 52 feet (existing garage structure is at 52 feet) from the beach bulkhead rather than the proposed 54 feet. The 52 feet maintains the existing setback and increases the setback from the wetlands. I have enclosed a marked survey which depicts the proposed alternative location of the garage. We will be applying to the Trustees for a wetland permit once the Zoning Board establishes the final location of all structures. In response to Mr. Horning's question, I have enclosed a copy of the deed which shows that this property was purchased as one lot with the intent to merge the property into a one acre waterfront parcel. If you have any questions, or request any additional documents, please do not hesitate to contact me. PCM/mr cc: Chatpar & Prendergast Mr. Couvier AIA Very truly yours, 41atricia C. Moore /i� /9 —15-' /14e�vo C Form 8007 10/973NI — Bargain and Sale Or, Covenant agnitim Ororrlor'r Act — Ind. or Corp. CONSW.r YOUR I,AK'Y F.R BF.F'O RF, SIGNING TIIIS INSTRUMENT — 11111;INSTRUMENT SROULO BE ISS F." BY LAWYERS ONLY. TIIIS INDENTURE, made the 12th dny of August , nineteen hundred and ninety-four BEFWEEN ARNOLD BLAIR and KAREN BLAIR, husband and wife, both residing at 301 East 47th Street, New York, New York, 10017 party of the first part, and PREM C. CHATPAR and THERESA PRENDERGAST-CHATPAR, husband and wife, both residing at 6 Simonson Court, Glen Head, New York, 11545 party of the second part, WITNESSETH, that the party of the first part, in consideration of - dollars, lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or suc- cessors and assigns of the party of the second part forever, ALI, that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and beingiaxd3ic at Cedar. Beach Park, in the Town of Southold, County of Suffolk and State of New York, known and designated as Lots No. 111, 1.12 and a portion of 144 on a certain map entitled, "Subdivision Map of Cedar Beach Park, situate at Bayview, Town of Southold, New York", surveyed and certified by Otto W. Van Tuyl, Engineer and Surveyor, and filed in the Office of the Clerk of the County of Suffolk as Map No. 90; and said lots and portion of lot no. 144 are more particularly bounded and described as XRrilux follows: XXL' XWfflKK X�� BEGINNING at a point on the southerly side of Midway Road where the division line between lots 112 and 113 intersects the southerly )ISTRICT side of Midway Road; -L000 RUNNING THENCE along Midway Road the following courses and distances: SECTION )90.00 1. South 70 degrees 43 minutes 50 seconds East 100 feet; 2. North 19 degrees 16 minutes 10 seconds..Eas,t 33 feet; 3LOCK 3. North 70 degrees 43 minutes 50 seconds West 100 feet; )2.00 THENCE North 21 degrees 19 minutes 40 seconds East 52 feet; more _jOT or less to the highwater line of Midway Inlet; )09.001 THENCE easterly, southerly and westerly along the highwater line of Midway Inlet and the highwater line of Little Peconic Bay to a point where the division line of Lots 112 and 113 on said map intersects the highwater line of Little Peconic Bay; THENCE North 21 degrees 19 minutes 40 seconds East along said division line 217.76 feet to the s utherly side of Midway Road, the poio pla eof BEGINNING._ cc...1��.f G�_���-E•,,�c�l_.. / BEING AND INTENDED TO BE the same premises conveyed to the parties of the first part by deed dated July 27, 1984, recorded on August 14, 1984 in the Office of the Clerk of the County of Suffolk in Liber 9621 at page 397. .""njitirtc with all right, title and interest, it any, II abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of (lie party of the first part in and to said premises, TO HAVE AND TO HOLD the premise herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. TOGETHER WITH all of the parties of the first parts right, title and interest, if any, in and to the bulkhead or bulkhead return on the southeasterly portion of property known and designated Lot No. 1-13 on a certain,map entitled, "Subdivision Map of Cedar Beach Park" filed in the Suffolk County Clerk's Office on December 20, 1927 as map Number 90. 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 incumbered 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 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 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 WIIEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: / Lam/ , /�// ZZ, ` - /C&� 44�e; .16� . 4111F. KAREN BLAIR by Arnold Blair, attorney-in-fact Board of Appeals Southold Town Main Street Southold, New York 11971 Re: Variance request Prem Chatpar 680 Midway Road Southold, NY 11971 Dear Sirs: �9? ALEXANDER K WILLIAMS PO BOIL 1337 425 CEDAR POINT DRIVE EAST SOUTHOLD; NY 11971 June 7, 1998 I am a resident of the Cedar Beach Park community where the above referenced property is located. Please accept this letter of.opposition in lieu of an appearance at the hearing scheduled for June 11 at 5:45pm. It is my understanding that the appellant is asking for a variance from the 75 foot rule in order to build a two story addition. Property owners have a right to expect that when they buy the town will enforce the building restrictions and codes that protect the community and its environment. These restrictions and codes are in place for good reasons and are themselves the result of debate and compromise and should be enforced. I urge, therefore, that you do your duty and deny this variance appeal. ML Alexander H. Williams PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 May 28, 1998 BY HAND Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Variance Application of Prem C. Chatpar And Theresa M. Prendergast Dear Ladies/Gentlemen: 7NWAY1'C98 IF . Please be advised that the Notice of Disapproval dated March 10, 1998 is intended by the building department to override and supersede all other notices of disapproval issued by the building department. The only variance required is the proposed 75 foot setback to the bulkhead. The use of the garage has been resolved with the building department. PCM/mr Encls. Very truly yours, Patricia C. Moore COUNTY OF SUFFOLK; STATE OF NEW YORK: x Prem C. Chatpar, M.D. 680 Midway Road, Southold, New York 11971 x Prem C. Chatpar, M.D. being duly sworn says: AFFIDAVIT 1. That my wife Terry and I are the owners of a property located at 680 Midway Road, Southold, New York also known as Suffolk County Tax_ Map number 1000-90-02-9.1; 2. That the subject property is surrounded by Midway Inlet and Little Peconic Bay, and as such the renovations and additions to the main house have been limited and approved by the New York State Department of Environmental Conservation. .3. That due to the limited space in my main house and our desire for a quiet secluded space, part of the detached garage structure will be used for my personal use as "occupiable" space. 4. That the living area in said garage structure is intended as a family room, which would include my personal library/study. 5. That t will not use the occupiable space in the garage as sleeping,quarters or as an accessory apartment; 6. That I will not install cooking facilities in the garage structure. However, I do intend to have a wet -bar for my personal use and enjoyment.' 7. That I make this affidavit with the knowledge that the building department will rely on same for the issuance of a building permit and certificate of occupancy. Prem C.Chatpar,M.D. SworR to be before me this _q? — day of 4 , 1998. Notaryublic SANDRA R. DABRUSIN Notary Puhllc, State of Now York No. 30-01 DF X46073(32 Qualified in Navrau Countyy Commission Expires February 28„a"o RIVERHEAD BUILDING. sory garage, Article III, Section SUPPLY CO..`(Re=opened as 100-31B(13).Location ofl'xop- Board,;Resolution adopted 6rty; 680 . Midviay 'Road;. May 19;1'998),' -This- is a variance Southold, NY; -'-"I 000-9b-2=9.1; request based upon: the Building Cedar Beach Park, Lot -111-112- Inspector's'January 2,.1998 No- p� of 144'(as a single parcel): lice of Disap�iroval which reads ' _ 6:40- p:m: App. No.'4575- as folloWsS .c;l) the•proposed'; " FRANK GASTON-. This -is a" structure being located, in an LIO variance request under the ,Zon- Distri&'Is permitted to have a ing Code Article XXIII; Section maximum of 60 feet of frontage 100-239.413 based upon the,, on. one street.. The proposed ° Building Inspector's August 20; ,building isapproximately 115 ft. • 1997 Notice of Disapproval.(up- . .facingRt.25:-PursuanttoArticle XIII, Section 100-133C; 2)• When fences are located in or ° dated .5/7/98),, disapproving a building permit application,fora deck addition to dwelling with a along side -and rear yards, .they setback at less than 75 feet'from ' shall ri6t exceed, 6'/z feet inc a bulkhead; concrete wall; 'or height;'pursuantto 100-23113..."' similar,: structure;, at.: -..875 Location of Property: 74610 and - Bayview Avenue; . Greenport,. , 74500 *Main Road, Greenport; NY; 1000-52-5-5. , . NY; 1000-46= 1 = I and 2.1, com- bined as a single lot. ' ` - 6:45 p:m. Apppl. No.,4571- WALTER MILL -IS. This is a .6:05 p.m. 'Appl. No. 4568=_ DOMINICK SECRETE. This variance request under the Zon- is a' variance• request under the ing Code Article IIIA, Section 100-30A.3, based• upon -the - ZoningCode;•ArticleXXII, Sec- tion, l00=239.413;.based upon the. Building Inspectors April 14, Building Inspector's April 9,. 1.998NoticeofDisapproval,dis-. 1998 Notice of Disapproval, dis- approving a building perrhit ap- ap�roving a building permit.ap- , _plhcation for an inground pool . plication to remove existing shed and replace with accessoryga- and'deck addition due to`its pro= rage, which will exceed allow - posed. location within 75 feet able lot coverage of 20% at 1800 from;.the bulkhead, concrete . (a/k/a 1875) Village Lane, Ori-. •-wall, rip rap or similar structure, -. atr.4000 Wunneweta Road, ent, NY; 10000-24-2-22: 6:50 p.m. Apppl.., No:'4576-. CHARLES D. SNYDER: This Nassau Point Club Properties, Cufchogue, NY; 1000-111-14- is a variance request under the 22.1. Zoning Code, Article,IIIA, Sec-, 6:10 p.m. Appl., No. 4569- tion 100-30A.4, based upon the ..FRANK KROPF. This is a Building Inspector's May 8,1998' varianmrequest under Zoning . Notice of Disapproval;. disapp= Code Article III, Section 100-33, proving a building permit appli- =for based upon the Building an accessory garage - Inspector's April 8,1998 Notice due to its proposed location in an of Disapproval, -disapproving a, building permit application for area other than the rear yard at 704 Wiggins Lane, Greenport; an addition which will create a 1000-35-4=28.24' (formerly non -conformity *"that the exist- CTM Lot 19). Ing garage will not be located in 6:55' pain: Appl: No. ,4577- the rear yard,at 1820 Marlene CARL AND LYNNE Lane, Laurel,'NY; 1000-144_2- FRITSCHER. This is a van - 33.' - ante request under Article based . 6:15 p.m. Apel. No. 4570- upon°the Building; Inspect or's JOSEPH FRAZZITTA. This May 8, 1998 Notice of Disap= is a'variance. request under the proval, disappproving a building Zoning Code,. Article XXIII, •. Section i 00-239.413 for permis- permit_ aplilication for anew setbacks sion to construct. deck additionPosed with gazebo'at a setback of less front yard of less than 50 feet: Location of Prop - than 75 feet from the bulkhead at .1420. Inlet -Way at Cedar erty: 135 Pine Tree Court, and along Pine_ Court Extension (a/ Beach, Southold, NY; 1000-92- k/a Private Roads), Cutchogue, 1-6. NY; 1000-98-; 1 -7.15. 6:20 p.m. App l No. 4572- NICHOLAS METHVA'N. 7:10 p:m. Appl.• No: ;4578 - STEPHEN AND ANGELA This is a variance request under PUTZI. - This .is a variance re - quest under Article IIIA, Section the Zoning Code, Article XXIV, Section 100-244B, based uppon 100-30A.4, based upon the the Building Inspector's AprIl 16,' Building Inspector s April _28, 1998 Notice of Disapproval, dis- 1998 and April 19, 1998 Notices of Disapproval,. disapproving a ` 'a proving a building permit.ap- 1c construct addition to building ..,p, ,building permit application for a " deck addition which will'. an existing accessory `garage in ,and, exceed the allowable. lot cover- a front yard location:at 2575,(a/ age of 20%for this nonconform- Ing lot. -.Location of Property"." k/a 2500) Lighthouse°Road and Soundview Avenue; Southold, 'N u 1� 1630 Theresa Drive,: Mattituck, ':15 .NY;1000-115-14-3; also known 1000-50-3.6.... , y p.m; ?.ppp1.- No. 4579-'- EDWARD'AND AUDREY� as' Lot 6;'.DeeP Hole Creek -8,=-_,--.- ;-CIELATKA. mks' . ,for�a.SpeciaLException `T is%is a request .. ' TPA a to.estab= lish Accessory Apartment Llse,in. EM H.rn PREM CHATPAR. This- is'a ' . T s- is variance request under the Zon- -• the principal building ;of ,the `provided , - ing Code Article XXIII, Section 1.00 100-239:413 based upon the owner -applicants 'as. under. Article' III,':Sectionr 100- 00= .' Building Inspector's: March 10, 3113-13 (formerly 100=3113-14) i of the Zoning Code. Location Or 1998.andJanuary.6,1997disapp='' `'Pro e - 26Q ,Cedar •,proving a building permit app ' capon for a proposed (two=story)' .Summit Road, S thold, NY;1.000-7.$-9- ' ,,. `' addition;to dwelling and pro- 29 (Bayside'Terrace):`' `' " posed accessory garage location_:,: . . _.. ..... __.. ' 7:20 pm. App1.:iNo.,4,580- Ai.RF.RT. '040--i.-T iXkiCF - ­­ ` + _ - - feetofa,b ead,'concretewall, or.'suiiilar; structure. Applicant's : tc a►�- : l Ins. is; a .variance re- quest.under Article XX1V; ,S.ec- Feliriia2,.199$;Afficiavitstates tion 100=242 -(100 -244); -based the proposed use of garage to be for 'occu intended upon the -Building' Inspector's May 4% 1998 Notice of Disap- }able. space" : as a•fatiii y room; library/study :, proval;, disapproving a .building with;wet bar facility:'Another January's, ,1997 Notice of Dis=.` permitapplicationto;;reconstruct. dwelling which was: damaged approval, k,ekarding, thus site was: more than 50 o by'fire, and pro - issued d!§'' rovmg a proposed _ guestmifie in proposed acce's- LEGAL NOTICE S,oUTHOLD TOWN BOARD OF APPEALS.' NOTTCE ; IS' HEREBY'- GIVEN, pursuant to Section 267 . of the Town Law and the Code of- tl e,Town•-of= Southold, the . following. applications• will :be held'for"ppublic hearings by:the sours LD -TOWN BOARD OF APPEALS, -atthe Soathold Town Hall 53095",",Main Road,: Southold, New York 1197•l:;.on, THURSDAY; JUNE 141997: as noted below (or as soon there- after aspossibley:. ` 5:45•p:m:°North:Sh6te Yacht Sales;. Apply.:. -_No; x:4547, COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold; in Suffolk County; and that the no- ticeof which the annexed, is a printed copy, has been published in said Traveler Watchman once each week for • .............................................. .....................weeks successively, commencing on the ...21 ....... :�dayo .4 .. ...... .19.. Sworn to before me this ............................ day of ......... 19...1 ................................................... ... Notary Public BARBARA A. SCHNEIDER . NOTARY PUBLIC, State of New York No. 4806846 Qualified in Suffolk Oou Commission Expires 8 3//98 twithEanin- 'or Variances based. posed:to'be rebuilup' c sufficient front' yard_ -setback. . Building Ins�ector's_Fet Location. of.,-Property:T •420 • 18;°1:998.Notice: .Disapp Lesters Road,:Mattituck;. 1000- disapproving 4:building;j 114-7-8. ; app kation to constructs 7:30 p.m. App1. No. 4`544 forte lecommumeations Avenue, Mattituck, NY; Goun Parcel ##I000--1:41=3=44. This a requestfor InterpKetation an beuigthe pr cipal'use on the lot-: is'required to -- have' a rear; yard setback' of 70' feet pursuant to •. . Art, XIV; 100-14-2; 3)•the pro= -posed tower is required to be 10 - cated at leastOne-hundred ( ) . feet from the nearest, dwelling unit'pursuant to Article XVI, Section 100-162C.3.-� will at . The Board -of hear any and said time and p all persons or representatives ing rot in an. LI.. District is' not permitted according.xo Section 100=16513; 2) the proposed tower desirinbeheariiin the above g to lications.or..-des�g•to sub- m1i - . mitwntten state?nentsbefore the- end'of each hearingg,; := "' The hearing M11not start ear liei'than designated, The file is; available for review dunng!regu"- lar Town Hall business hours(8-s 4 -p.m.). If you have=questions,: please do nothesitawto call 765= Iwo.; Dated:- Mav 20.1998 BY ORDER OF,TH1 OUTHOLD TOWN -BOAR: S pF-APPEAL` GERARD P• GOEHR1Nc'mEia (1-516) 765-1809 tel. OFFICE OF BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (1-516) 765-9064 fax. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ May 20, 1998 Re: ZBA Application — dxall Hearing Date: Thursday, June 11, 1998 --Po14" Dear . For your records, please find enclosed a copy of the Legal Notice describing the time, 'date and place of the public hearing regarding your 'application. (Our department will arrange for publication in the official newspaper: L.I. Traveler, Southold.) Town Code Chapter 58, . requires that the applicant send "NOTICE GIVING THE TIME, DATE, PLACE AND NATURE OF THE HEARING." Please send a copy of a map showing the proposed project area, together with a cover letter with your name and address to the "OWNERS shown on the local assessment roll for every property which abuts and is across from any public or private street from the applicant's property." These mailings must be by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, within five (5) days of receiving this letter. This will allow for the green signature cards to be returned to you., and then submitted to us for the official. (If the green signature cards are not received by the hearing date, a delay is possible before receiving action by the Board.) Please be sure to: 1. --Return the Affidavit of Mailing to us when the certified mail receipts are postmarked on the , day of mailing, attaching a written list signed by the person verifying the same from the Assessors' Assessment Roll, which lists all the lot numbers and owners' names, current addresses from on the local assessment rolls, and the date the listing was obtained from the Assessors' Office. 2. Place the enclosed Poster in the location described by Ch. 58 of the Code, within 10 feet of the front property line facing the street, for a time period of not less than seven days. The sign must be posted not later than June 3rd. 3. Return a completed Affidavit of Posting by the hearing date. 4. Return the green signature cards at or before the hearing. Page 2 - Instruction Le«�J? Meeting of April 16, 1998 Southold Town Board of Appeals Please call if you have any questions. Thank you Very truly yours, Gerard P. Goehringer. Chairman by Linda Kowalsk ,L� Enclosures (Notice, Two Affidavits, and Sign) AS400/txt1k/1nag.98/app1.1n 51a 1/97.�- cc c ` '�i 2�9 =3a ,4, PAGE 2 ZBA HEARINGS MEETING OF JUNE 11, 1998 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications or desiring to submit written statements before the end of each hearing. The hearing will not start earlier than designated. The file is available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: May 20, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman ................................... .................. .................. ........ TRANSMISSION RESULT REPORT,... ........ ......... (MAY 22.'98 09:3(3AM).................. ' SOL LD TOWN HALL 516 765 1823" ............................................................................................:...........................................................0......................... ( AUTO) ...................... DATE.-. START REMOTE TERMINAL TIME RE- MODE TOTAL PERSONAL LABEL ..FILE TIME IDENTIFICATION SULTS PAGES NO. MAY 22 09:35AM 5167654643 01'37". OK ES 04 .006 v2�� c,ovsTeucr:�oN or fiNirijAlf &)9f)941� I(AleriancEs NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will ybe held by the SOUTHOLD TOWN BOAR® OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNERS) OF- RECORD-: ��eEM CdA rPA�, DATE OF PUBLIC -HEARING: ti's, Jug 111�i1,7911 If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 3 a.m. and 4 p.m. I BOARD OF APPEALS •TOWN OF SOUTHOLD e (516)-765-1809 Simi�oll ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: Zoning Board of Appeals FROM: Office of the Town Clerk DATE: May 4, 1998 RE: ZONING APPEAL APPL. NO. 4574 - PREM CHATPAR Transmitted herewith is Zoning Appeal Appl No. 4574 - PREM CHATPAR together with a covering letter of Patricia C. Moore dated April 28, 1998, Reason for appeal, Notice of Disapproval from the Building Department, an Affidavit signed by Mr. Chatpar dated 2/2/98, a Disclosure form signed by William D. Moore dated April 28, 1998, an authorization form authorizing Patricia Moore to represent Mr. Chatpar;- the short environmental assessment form, the Zoning Board of Appeals' Questionnaire, the Applicant Transactional Disclosure Form and a survey map of property. Elizabeth A. Neville Southold., Town :Clerk PATRICIA C. MOORE Attomey at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 April 28, 1998 BY HAND Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Variance Application of Prem C. Chatpar And Theresa M. Prendergast Dear Ladies/Gentlemen: Enclosed please find the following for the above referenced matter: 1. Notice of Disapproval 2. Application 3. Transactional Disclosure Form 4. Environmental Assessment Form 5. Three prints of the survey 7. Authorization letter by Prem C. Chatpar 8. Disclosure Statement 9. Zoning Board Questionnaire 10. Filing fee checO po. oa Please place this matter on your hearing calendar. Thank you. Very truly yours, tricia C. Moore PCM/mr Encls. cc: Claude R. Cuvier, A.I.A. W/encls. Reason for Appeal Continued Zoning Board of Appeals re: Prem C. Chatpar Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and asses the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b -3(b). The variance should be granted for the following reasons: Town Code Section 239.4 B. Requires buildings located on lots upon which a bulkhead... exists and which is adjacent to tidal water bodies other than sounds to be set back not less than 75 feet from the bulkhead. The following exceptions will apply: (1)Buildings which are proposed landward of existing buildings. (2)Lands which are not bulkhea_ded... subject to Trustees determination (3)Docks,wharves,pilings,boardwalks,stairs,prominades,walkways and piers, which are accessory and separate from existing buildings or accessory structures. The subject property is approximately one acre and is surrounded on three sides by Tidal waters- Midway Inlet and Little Peconic Bay. The existing residence will be remodeled, the existing garage will be removed and a new garage constructed. The garage is being relocated to preserve the exquisite views of the water. The proposed setbacks to the bulkhead are 66' from the garage and 39' and 46' to bulkhead of private beach. (See survey) The majority of applicant's property is bulkheaded, the area along Midway Inlet has no bulkhead and will be planted with Rosa Rogosa & Bayberry (DEC requirements) 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: The property is isolated and at the end of a peninsula owned by the applicants. The only adjacent property owner is on the westerly side which is heavily vegetated and buffered from the neighbor's view. The proposed renovations are in character with waterfront properties in the Town of Southold. 2. The benefit sought by the applicant CAN NOT be achieved by some method, feasible for the applicant to pursue, other than an area variance BECAUSE: The expansion of the house was limited by the DEC, the applicant has a magnificent property with only a 1,000 sq.ft.. Foot -print. The property is protected by bulkhead, and the proposed setbacks are reasonable given the configuration of the lot. 3. The area variance is not substantial BECAUSE: The application of the balancing test weighs in favor of the grant of the variance. The existing house is not 75' from the bulkhead. The closest setback is due to the contour of the property which is unique, and the bulkhead of the beach. The existing house is in place and the closest point to the bulkhead is the architectural two story addition to the house. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE. This proposed construction has caused a 15 foot planted landscape buffer to be included and relocation of the sanitary system. All improvements mitigate the existing impacts. 5. Has the alleged difficulty been self-created? ( )Yes. ( X ) No. 6. This is the minimum variance 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. The proposed renovations were reduced significantly by the DEC, decks were eliminated, and the proposed setbacks to the bulkhead are the minimum practicable given the preservation of the waterfront views and investment in the property. We respectfully request that the appeal be granted, together with any further is deemed necessary and reasonable. signature State of New York ) 1)%SSA0 ) ss County of Sutnfre;I-k ) Sworn to this day Notary Public IW6 A M. ROSENTHGAL Notary P,,blic, State of New York No.4924731 Certified in Nassau County Commission Expires April 4, +9 FORM N0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. AMENDED NOTICE OF DISAPPROVAL To ..PATRICIA C.. MOORE,_ ATTY A/C Chat_par _ . ..P.O.Box 483 ............................... .Mattituck -NY 11952-=----------------- .......... ... ... DATE: _-March_102A M „ .......... PLEASE TAKE NOTICE that your application dated December_2P,.1990... ......... construct a two story additionto an existing_dwelliny_� .. accessory garag forpermit to -------------------- --------- --- ... ... .. ---------- Locationof Property............................................................. House No. Street Hamlet County Tax Map No. 1000 - Section ..90....... BLOCK ..?........ LOT 9.-J ---------- Subdivision .J---------- Subdivision ............. Filed Map No. .........Lot No. is returned herewith and disapproved on the following grounds the. two ....... and the proposed construction of accessory garage encroaches on setback requirements .......................................................................................... of 75' to bulkheads, concrete wall, riprap or similar structure.Article %%III-100=' ........................................................................................... .239.4.B. .................................................................................. _Action -required _by .the .Zoning .Board _of.A�peals}. DEC. &_ Town. Trustees ........................ ........................................................................................ 4 .... .---- ............. BUILG INI=TOR RV 1/80 APPLICANT TRANSACTIONAL, DISCLOSURE FOR", he Town of SouLhold's Code of Ethics prohibiLs conflicts of nterest on the part of Lown officers and employees. The, urpose of this form isL•o provide information which can lert the town of possible conflicts of interest and allow L to take whatever action is necessary to avoid sam2.1 YOUR NAME: Prem C. Chatpar and Theresa M. P_ d����.�,� (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other (If- "Other," name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest_ "Business interest" means a business, including a partnership, in Which the town officer or employee has evert a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES," complete the balance of.t1jis form and date and sign where indicated: Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant-) and the 'town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that; apply): A) the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); A) the legal or beneficial owner of any interest In a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant-. DESCRIPTION OF RELATIONSHIP Submitted Lhis,g1>—d-ay of age"- 1 Signa Print- name Prem C. Chatpar Theresa M. T�-'_- st Pren degas+ � AUTHORIZATION (where the applicant is not P3�iem C.'*-ChAtpar residing (print.,owner of property) Glen -.-Head, NY 11545-2533 do hereby Patriciae Esq. tricia C. 'Moo to apply Southold Z.oiv j5o,qgz por on my behi (Ownerls sig=ature) Prem. C., Cha tp ar %f -A :Sr I 8 DISCLOSURE I, William D. Moore hereby state pursuant to General Municipal Law Section 809 and Southold Town Code Article 10 the following: 1. An application has been submitted by Patricia C. Moore to the Southold Town Zoning, Board of Appeals on behalf of Prem C. Chatpar and Theresa M. Prendergast. 2. Patricia C. Moore is an attorney duly licensed in the State of New York practicing as a sole practicioner with her own clients. She is not affiliated with my law practice. 3. Patricia C. Moore is my wife. 4. I am a member of the Southold Town Board. 5. I do not directly or indirectly review, discuss or participate to any extent in the matter of Prem C. Chatpar and Theresa M. Prendergast before the Southold Town Zoning Board. 6. Patricia C. Moore is compensated for her legal services, at an hourly rate, regardless of the outcome of the case, and her fee is not contingent on the results obtained. Dated: April 28, 1998 AD.Mo lham ore 14-1.6-4 (2187)—Text 12 ' PROJECT I.D. NUMBER 617.21 SEQ Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT /SPONSOR` 2. PROJECT NAME Prem Chatpar I residence 3. PROJECT LOCATION: Midway Road, Southold Suffolk Municipality County 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Midway Road, Southold off of West Drive SCTM#1000-90-2-9.1 5. IS PROPOSEDACTION: ❑ New ❑ Expansion Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: remodel existing house relocate &reconstruct existing garage 7. AMOUNT OF LAND AFFECTED: Initially 1 acres Ultimately acres S. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes EN No If No, describe briefly requires Trustees and ZBA for set backs to water 9. WHAT IS PRESENT LAT<D USE IN VICINITY OF PROJECT? IN Residential E l.!ndustrial ❑ Commercial ❑ Agriculture ❑ Park/Forest/Open space 0 Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? 0les ❑ No If yes, list agency(s) and permit/approvals DEC (obtained) Trustees, & ZBA 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [ZYes ❑ No If yes, list agency name and permit/approval DEC 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑ Yes EXNb 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Patricia C . Moore Date:4 / 15 /98 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART I1—ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYP IRESHOLD IN 6 NYCRR, PART 617.12? If yep c ❑ Yes ❑ No nate the review process and use the FULL DAF." " •• �..+� ivry MMUCIvt GUUHUINArED REVIEW AS PROVIDED FOR UNLISTED ACTIONS INS NYCRR, PART 617.6? If No, a negative declaratlor' may be superseded by another involved agency. ❑ Yes ❑ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or, grouridwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal. Potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain brief/ C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:" C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain brief' C5. Growth, subsequentdevelopment, 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 C1-05? Explain briefly. C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. . ntnt, Vri IS I Httit LIKtLY W BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑ Yes ❑ No If Yes, explain,briefly PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) , . . INSTRUCTIONS: For each adverse effect identified above, determine whether it is, substantial, large, important or otherwise significant Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occulJjng; (c) duration; (c irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure tha explanations contain sufficient detail to show that all relevant adverse impacts have been identified and, adequately addressed. ❑ .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 a:ny significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: N.une or Print or l.ype Name or Kesponsible Ufficer in Ledd Agency signature or Responsible Orricerin Lead Agency ate 9 Agency Title or Responsible Otticer "Signature or Prepare, (if dnrerent rrom responstole orncerl 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 subjectPremises and a description of their interests: (Separate -sheet may be attached.) B. Is the subject premises listed on the real estate market for 1V saleor•being shown to prospective buyers? Yes attach copy cif "conditions" of (X ) No (1f .Yes, please at' C Are there' any -proposals to change -or al -ter land contours? Yes X) No Are -there any areas which contain wetland grasses? D. an -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? 4. Ifyour property contains w-e-t*10-a't—ds or pond areas, have .,,You contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is:there a depression or sloping near the area of w;,.:;: .:-proposed- construction at or below five feet above mean sea level? no (If not applicable, state "N.A.") --Are F there - any patios, concrete barriers, bulkheads or fences which exist .and are not shown an the survey map that you are submitting? If none exist, please state "none." G. Do you' haeany construction taking _place at this time concerning- your premises? no If yes, please submit a copy .your:, building permit and map as,approved by the Building Department. .,,If none, .please state. H to you or'. any 6o -owner also own, other land close 'to this ;,-';,Parcel? 'no If yes, please explain where or submit copies ,of deeds.. Please. list, present use or operations s'. conducted at this ;.,"''parcel '-residential and proposed use residential 1",','! ­Authorized Signature and Date PAtticia,C... Moore 3/87 10/901k. a \\ 0 CONC. MON. \ w U -� oa \ w W . O 0 0� M o rn O r �; N P/0 LOT N z CONC. MON. N 70043950" W MID14'aY J Q H � U w Q w 0 w W b 0 rn �- CV r Z ° r N Z BULKHEAD 0.3'W. WOOD BULKHEADS BULKHEAD - 0.4'W. WOOD BULKHE � •T . SURVEY OF LOTS 111 & 112 AND P/O LOT 144 SUBDIVISION MAP OF CEDAR BEACH PARK FILE No. 90 FILED DECEMBER 20, 1927 SITUATED AT BAYVIEW TOWN OF, SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-90-02-9.1 SCALE 1"=20' T� MAY 27, 1994 MARCH 7, 1996 UPDATE SURVEY 9 r AREA = 44,995.85 sq. ft. ' /A 1.033 ac. \ 17 J, 39,, \ F �, SET\ NAIL \ 98.86' ACTUAL \\ 100.00' DEED 0 ,, \ OROAD M rn M N 70033925" W 104.36' LITTLP+tYECONIC BAY UNATHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VAUD TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION, GUARANTEES ARE NOT TRANSFERABLE. THE EXISTANCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS F URV. AS ESTABLISHED BY THE 5. g�v !ED AND ADOPTED FORS 11EE.$b, �{�a RK STATE LAND 60.69, Li1'TLF PECONIC BAY N.Y.S. Lic. No. 49668 CERTIFIED T0: CHICAGO TITLE INSURANCE COMPANY TITLE No. 9408-01557 PREM C. CHATPAR THERESA M. PRENDERGAST—CHATPAR SURVEY OF LOTS 111 & 112 AND P/0 LOT 144 S UBDI VISION MAI' OF CEDAR BEACH PARK FILE No. 90 FILED DECEMBER 20, 1927 SIT UA TED A T BAYVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK S.C. TAX No. 1000-90-02-9.1 SCALE 1"=20' MAY 27, 1994 w U CONC. MON. ,� a \ \ G� MARCH 7, 1996 UPDATE SURVEY owQ \ �j JULY 9, 1996 TOPOGRAPHICAL SURVEY \ T 1 80 9 �( SEPTEMBER 17, 1996 PLOT PLAN 1' MARCH 10, 1997 REVISED PROP. SANITARY SYSTEM & ADDED 15' LANDSCAPED BUFFER �o - W o rs' v"�x ��''"� tMAY 19, 1997 REMOVED DECKS & ADDED PROPOSED aT \ �bjd� p PROPOSED ROSA RUGOSA & BABERRY LOCATIONS' 04 Z ° P/(NkOT 144 \ s 7J, AREA = 44,995.85 sq. ft. N \ x \� 39,, 1.033 ac. Z CONC. MON. N 70* 43-5 0" W 98:0c!$ ACTUAL. 10"0' DEED O \ \ 9 MIDWAY. \ �,�, ` \� 6-0 E 60.69. 318.08' X 0 -4 . '•e '•. �� r-- \ S 75°44'50Id ^� S • ° 4�' „ E \ ,100.00 Z . \ \ � T. W. CONC. MO X •' • V ND \ fd \ \� CONC. MON. • IRONPIPE \ QQCK -_ FFER T. 1 x M 00 X o U MCOIFY M" \ ntZIV6 WA 1 ` : ' I : W >k , g A,' w X: X e• I MOVIrY rxl5Tm Q m WELL i , .. :.. STONE "AY I / WJVEWAY I � - PIT - • .:�`; . f 01`05N2 1-1/ 2 5-rOrY `-4 � os�n sox 4 GAp.A6� FAMILY �VZ3 , STUn f I`XP,(N5101N AICA x r X CvWAa uTluTr POLE NYi NB G I BRICK\wALK _ - -.- _ HAI3KAt. nW 1.4'W. Zn STONE 1 ..STORY .. LOT DRN, WAS{ � N 1`J�L. 10.7 . GUY WIRE ...N (12a . (y s4 .r�C t� 5 1J . o ��cI WOOD STEPS \� _ / i "�� _ .�� \�J 7.O' 1 r X p o N ROOF POVER ORCH io I _ (}� 'VWUGtf p Sf�F�7 — 66 \ 8 j NOTES: ELECTRIC 53.5'- \ AL 7 METER f- a�IL�9 X �( ELEVATIONS ARE REFERENCED N.G.V.D. 1929 DATUM. FILL F.FL. 12. \ t; \ r EXISTING SPOT ELEVATIONS SHOWN THUS: 10.0 �-, EXISTING CONTOUR LINES - — _ — 'm , I SHOWN THUS: 10 ry 2 STORY N rr n I ! ,yg x`� T.B. — TOP OF BULKHEAD CHIMNEY FRAME HOUSE o WOM 5 B.B. — BOTTOM OF BULKHEAD I : -� T. W. — TOP OF WATER 10.5 co F.FL. — FIRST FLOOR _ 19.0_ 13.9' t O O EXISTING SEPTIC TANK 97 -� EXISTING LEACFgNG poa.5 3 N (1,000 gal.) m ze.B' �T 6 � TO e6 MOVEn �--10 LO r EXISTING SANITARY LEACHING POOL - � _. � I � • �?j (10' dia. X 4' HIGH) (rO B6 MMCWt7) 10 — — r T.B. V J WOOn 5mr5 W 5Ter5 1, �I NEW WOOD BULKHEAD T.B. ,Z,5 v I PROPOSED SEPTIC TANK / I B.B. � _j D F'KOP05� P 2 51'OrY (1,00o gal.) WOOn e.e. su FWVT APPI110N PROPOSED SANITARY LEACHING POOL L`'Llj Q / _i (10' dia. X 4' HIGH) D w W , SLOT TEST HOLE � (ELEV. 10.0) p . :�_ o EXISTING & PROPOSED SANITARY SYSTEM °' -t 9 LOCATIONS & TEST HOLE DATA PROVIDED BY: d x -o / DRAWING A-1 OF PROJECT No. 96107 DATED 7/12/96 N r— THE CRC—COLLABORATIVE. P.C. Z ' 2103 DEER PARK AVENUE `CONC. MON. / DEER PARK, NEW YORK 11729 N TEST HOLE DATA •` o• TOP SOIL (FILL) ra 1' COURSE TO FINE BROWN SAND, 1,71 SOME GRAVEL (FILL) \ 1'-6' \ \ FINE BROWN AND DARK BROWN \ SAND AND SFILL)TRACE GRAVEL \ PROBABLE 4' COURSE TO FINE BROWN SAND AND LIGHT BROWN SAND AND GRAVEL GROUND WATER e' -r OUT -GOING TIDE WATER IN COURSE TO FINE BROWN SAND AND LIGHT BROWN SAND AND GRAVEL 15' UNATHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. GUARANTEES ARE NOT TRANSFERABLE. THE EXISTANCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. BULKHEAD 0.3'W. WOOD BULKHEADS BULKHEAD 0.4'W. WOOD BULKHEAD T.B. 2_4 NEW WOOD BULKHEAD N 70°33'25" W LITTLE��PECONIC BAY SAND 87 QYg x I B. TIE NE i<4 I ________ MEAN HIGH WATER MARK B.B. L44 s � N 65°38'48" W ----__ �' 87.30 I I � I N N M � M T.B. Z5 N In w 5 (n =�-� 104.36' LITTLE PECONIC BAY PREPARED IN ACCORDANCE WITH THE MINIMUM STAN RDS FOR TITLE SURVEYS AS ESTABLISHED BY LI.A.LS. AND APPROVED AND ADOPTED FOR S CH USE BY THE NEW YORK STATE LAND N.Y.S. Uc. No. 49668 CERTIFIED TO: CHICAGO TITLE INSURANCE COMPANY TITLE No. 9.408-01557 PREM C. CHATPAR THERESA M. PRENDERGAST-CHATPAR Joseph A.- Ingeano Land Surveyor Title Surveys - Subdivisions PHONE (516)727-2090 OFFICES LOCATED AT One Union Square Aquebogue, New York 11931 Site Plans - Construction Layout Fax (516)722-5093 MAILING ADDRESS P.O. Box 1931 Riverhead, New York 11901 •` 0 ra N.Y.S. Uc. No. 49668 CERTIFIED TO: CHICAGO TITLE INSURANCE COMPANY TITLE No. 9.408-01557 PREM C. CHATPAR THERESA M. PRENDERGAST-CHATPAR Joseph A.- Ingeano Land Surveyor Title Surveys - Subdivisions PHONE (516)727-2090 OFFICES LOCATED AT One Union Square Aquebogue, New York 11931 Site Plans - Construction Layout Fax (516)722-5093 MAILING ADDRESS P.O. Box 1931 Riverhead, New York 11901