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Home My WebLink About4539 APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing 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 REGULAR MEETING OF APRIL 30, 1998 Appl. No. 4539 - FRANK LICARI PARCEL: 1000-89-2-7 STREET & LOCALITY: 485 Orchard Lane, Southold Lot #30 on the Map of Cedar Beach Park. DATE OF PUBLIC HEARING: April 16, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above-identified property has a frontage of 100.00 feet along the northerly side of Breezy's Path (private road) off Orchard Lane, Southold, NY. The subject land is vacant waterfront property of approximately 27,000 sq. ft. in total area. The subject property and surrounding lots are shown on the Map of Cedar Beach Park filed in the Office of the Suffolk County Clerk as Map No. 90. A survey prepared for Lawrence P. Bronnigan and Margaret M. Swendsen dated November 28, 1967, updated September 17, 1975 by Otto W. Van Tuyl & Son, L.S. shows the subject lot, and adjoining Lot 29 separately. The 1967 tie line for each lot along Dryad's Basin shows a distance of 115.17 feet and 108.90 feet, respectively. Another survey dated November 28, 1967 was also prepared for Brannigan and Swendsen for Lot 29 as a single traet of land. A later survey dated October 13, 1983 shows similar details, except that a two-story frame house was added for Lot 29 (1000-89-2-6). BASIS OF APPLICATION: Building Inspector's September 22, 1997 Notice of Disapproval which reads as follows: "...Under Article II, Section 100-25A, SCTM Lot ~1000-89-2-7 and Lot 89-2-6 have merged since the nonconforming lots have been held in co~on ownership at so~e time after July 1, 1983...under section 100-25E, no building permit can be issued by the Town until this section has been co~plied with .... " REQUEST BY APPLICANT: Issuance of Waiver under Article II, See- tion 100-26 for vacant land shown on the Suffolk County Tax Maps as 1000-89-2-7; also known as Lot #30 on the Map of Cedar Beach Park. Page 2 - April 30, 199t Appl. 4539 (Licari): ]000-89-2-7 Southo]d Town Board of Appeals REASONS FOR BOARD ACTION DESCRIBED BELOW: Lot 6 is improved with a single-fsmily house; Lot 7 is unimproved. Brannigan and Swendeen (brother and sister) purchased Lots 6 and 7 from Acksin and held the Lots as joint tenants. They purchased Lot 6 in December 1967 and LOt 7 in May 1968. In July 1985, Bl~nnigan and Swendsen sold Lot 7 to applicant Licari and his then-partner Bonati as tenants in common, and LOt 6 to Bonati alone. In an apportionment of the assets when the partnership dissolved in December 1986, LOt 6 was transferred from Bonati to IAcari and LOt 7 was transferred from the two partners to Bonati. In May 1993, Bonati sold Lot 7 to Licari; simultaneously, IAcari transferred Lot 6 from his sole ownership to joint ownership with his wife, thus ensuring that the two Lots continued to be held in different ownership. Under Code Section 1200-25A, Lots 6 and 7 have merged because they were held in the same ownership by Brennigan and Swendsen from July 1, 1983 until the sales to IAcari and Bonati in July 1985. Throughout their subsequent involvement with the two Lots, applicant IAoari and his partner Bonati kept the Lots in different ownership, and in use the vacant Lot 7 has not been treated as part of improved Lot 6. applicant's intent has been to sell Lot 7 when and ff economic conditions warranted doing so. On the basis of testimony presented and personal inspection of the properties, the Board makes the following findings: 1) The requested waiver will result in recognition of two separate Lots whose size is consistent with that of lots in the neighborhood. Each of the two Lots will equal or somewhat exceed the size of many of the surrounding properties. 2) Grant of the requested waiver will not result in a significant increase in the density of the neighborhood because it will facilitate construction of no more than one single-femily dwelling. 3) The requested waiver will not result in changes to the land's natural contours. 4) The requested waiver of merger will allow applicant to avoid the economic hardship that would likely result if he were unable to sell Lot 7 for separate development. 5) The requested waiver will recognize a lot based upon the original lot lines created by subdivision, prior to 1957, and filed with the Suffolk County Clerk's Office as Map No. 90, known as the Map of Cedar Beach Park. RESOLUTION/ACTION: On motion by Member Collins, seconded by Page 3 - April 30, Appl. 4539 (Licari): 1000-89-2-7 Southold Town Board of Appeals Member Homing, it was RESOLVED, to GRANT the Waiver under 100-26 a~ applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS, and HORNING. This RESOLUTION was ADOPTED by unanimous vote of all t he Memb~/~~////~~ /6~ERARD P. GOEHRINC~R,-CH/~I'RMAN ~Approved 5/4/98 for Filing AS400/txtlk/actions .a11/89-2-7 CEI?ED AND FILED BY __ Town Clerk, Town of Southo!d ~ fl ~L ~6,-1998 for ~ L~re~ti~ .... ~taV ~ PrOgeny ~6 ~E IS'"HEREBY . ~t u~r.~,.~ ~~ ' · ~e a hc~t's ro ==: ' GIVEN, pmu~t~Seeaon267 . EP . p posedrecon- .~-000-141,4-~5'i oLg own ? { C9ds be,.g 0u V sworn, says that ~owihg for pu~~ SO~HOLD~ BOARD 1997 Notice o existing nonconforming setback · OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on . .THURSDAYfAPRIL 16, 1998 at the time'noted bel0w~(or a~ s°°ntharea~fteraSp°ssible):: ' ri--tof, wao 6:30p.m ~an'~verHeminw Egn ~ ' Y A I ~ N~ ,4~50- RUT~ ast l~ndRoad, Fishers,Island 6400-. ~diati~ Neck Road, · . . eq st.~gr a vail- <. Pe~onle-1000,86~, 2;2.~.,. ~ ance ~aseu upon tlie Biiildihg :<..6,'~s'nm' a~,,,l~ ~X ,~5~~ ' InSpectofsAugust27 1997No- FIL~:~-K~I-~A' ~. ':Lo'afl'on ;~ ~ice of Dis,approval, disapprov2 ~' e-- Lot #'^' ' ~ ~.-,~ ng an applmafion for a ermit rrop ny: au, tvmp_ m ~- .~ ~,. P ~dar Beach pa/'k,'4851brefiard t~,,mera e~athe.,: Lane; Southold. ff'hidis a request for a Waiver underArtiele II, Section 100-26, hased upon the Building Inspector'~ September 22, 1997 Noticeoi'Dis?pproval stm. cted. Or structurally:altered .v 117 w ' ·" umess the us~ of such btli~ding; NY h/chstates~...anderAmeleII, is changed to a confo~jgg'gse,. ~ 3-44 Section 100'25A;~SCTM,Lot Article XXIV Se~h~n' i00- · ~have merged since'the noncon- formir : common Sec~ enue, antil , Parcel #1 with.~2~ ~ on'¸ in an LI a 4non-con for~niqg ~ District ismot t t0.cd~r~, ; ing,~ P~I ~000'9&-2,3. ' :,Th~.is a ~que~t ~f~ce . ~e lot is b~ :uP~'~V~ng-~° r~:te~'y~d seth 70 BulldOg l~e(O~dtiC~g'6f ~mu~t to Am ;XIV, 100- Disapproval ~eg~th~ ~pli-' ~)~e pmpm~.mwer ~r~_ mti6n ~[ a'~emitio ~deck 49~ feet will be wi~in:-IA~¢¢t, ~ ~ quked m be ~gcat~d a~ !e~t one,/ · . , . · P p , No.,~Sfig- estdwellm ~tpumu~tmAr- (a)d~P~ovgdFeb~24, CH~STOPHER~LIACO~S' tiele:,X~; Sec[i'en 100L; 1998 ufid& ~i~]e~IH Sefition Location of Pro ~n~....,, '"' i, ~ : .. . p¢~,345 Snug -162C.3~,::a~ ~ . ~Uu-~o~ oecause . accesso~ n~oor Roa~ GmennoW building wfl} exce~m~tmu~ 35-6-7. Th,s fllowable h~ght.~{l 8 .f~t~;~ ~ quest ba~ed ~. 5. '; :~ d ~-:~:.~ ~.: .~ . ~geet~.~ to) msapproveo~arch 6, ucc et ~tsa~prova[ aigfippr6~; ~ 'a ~uest.fdr, a V~i~ce b~ 1998~derAfllcle'~i;Section'' ingabu ding~t'for~pf& : :u~n:~eBuildin Ins e~ ' ' J~;33B 3 b~amO ".?/acc~sso*' Posed acc~o*a~b i~:~ ~ ~ i,7~ o~l~idgb~:I~6fimining~-i smc~e~e~'y~g$~ ~ppra~l, di~pgr?ingab~l~ qu~s~h b~!!~ng~ Set b~ck . ~cle IIIA, Seca~00;30~;3. no ~ess m~ lu Ieet ~om ~y ~ot l~e; Smkc~e:0f3 ~;+~ Will n~w Ule in ~ :~; . be~g.l~at~ona~g-~) be wi~ 9'; f~tof~e ~ lot:~ ;'.~ 6 45 p;m.~APp~No. 4556- lot Fish- n Coordinator, of the TRAV- public newspaper printed alk County; and that the no- -tnnexed is a printed copy, said Traveler Watchman ..weeks on the .................... this ........................... day of ,19 ....... Public k SCHNEIDER State of flew York No, 4806846 Expires close mmainlng (writtell) mg Use s ~e'enlarged, al- tered, extended, r~4)nstructed' or restored,.. :seet~n -6-5, which parcel #1( This request for an ln~rpretation un- der Axticle ~XXIV, Semtion 100- ~42A which reads h~fOllows: NOthing in this Article shall be d~emed to prevent thSremodel- ~4..reeonsL~.ction or enlarge~ ent bf~n~n6b-n f~rniifi~ build: ~ontaining a+conformmg use, Art. ,XXIV, 2) ~rovided that such a~.tion doei posed mt create any new nOhe0flfo]'2: on!theallowablefi'ont:yard; .q~.. back of 35' Pursua~nt tO ;Under mum requh-emev~Lflf_4.0 feet fo~ ~ PORH NO, I TO~N OP SOUTUOLD BUILDING DEPARTHENT TO~N IIALL SOUTIIOLD, N.Y. 1197 I TEl,: 765-1§02 F~ani ned ................. , 19 .... Approved ................. , 19 .... Pe~ ................ Disapproved a/e ............. OARD OF HEALTH ............... SETS OF PLANS SURVEY ........................ CIIECK ... SEPTIC FORH ................... NOTIFY: CALL .................. HAIl, TO: .................... (l~filding Inspector) APPLICATION FOR BOIl. DING PERHIT INSTRUCTIONS s. 'Ibis application mast be conpletely filled in by typewriter or in ink and an~nitted to tbe Building Inspector 3 sets of plans, accurate plot plan to scale. Fee aceordit~ to ad~lule. b. Plot plan sl~ing location of lot and of buildings on premises, relationship to adjoining premises or pul)lie streets or areas, and giving a detailed deacriptlon of la~0ut pi property attar be drmm on tim diagram ~l~id~ is part of this*application. c. 'Hm ~rk comred by this application may not be core,need before issuance of Building Permit. d. UFos approval of ts application, the building Inspector )rill issue a Building Pemit to the applicant. Sudl th .... per'it ~hall be kept on the i,.,,~ises available for inspection throughont tbe ~ork. e. No building ~halI be occupied or u~d in ~hole or in part for any purpose xdnatever until a Certificate of OccuF~'mey shall Imve been granted by the Buildigg Inspector. APPI.ICATI~I I$ ligt~Y t461~ to the lluilding Department for the issuance of a Building Pemit pursuant to tim l~ilding Zone Ordinance of the Toga of Sonthold, ~uf~olk County, N~ York, and other apptieable la~s, Ordinances or regulations, for the onrmtroction of buildings, additions or alterations, or for g~,oval or demolition, as herein described. ~lm applicant agrees to camply with all applicable lasm, ordinances, huildlng code, housing code, and regulations, and to admit anthorized inspectors on p~tises and in building for nscesanr~ inspections. ($1gnatore of applicant, or nar~, if a corporation) ~ ~X -~! ~¢g-~./~. ............... ~. ..... (t~ailing address of applicant) State ~d~etber applican~ is o~ner, lessee, agent, architect, engineer, 'general coi~trac~or, electrician, plo~er or Builder. Nave of c~nar of premisea ~-/~ ~9 ,~/~. ~.. Z ? ¢ ~ ~. / . (as on the tax roll or latest deed) If applicant ia a corporation, signature of duty anthorized officer. (l~qm~and title of corporate o[[icer) Builders l,icense No. . Pluat)ers License go .......................... Electricians Lieenae go ...................... Other Trade's Lieeme go ..................... l~cation of land on sd~id~ proposed ~ork will be done ......................... Ikxme N~ber Street tlm~et P~lture o~ i~ork (d~ck ~hidl applicable): Neu I~ildin8 . ..X. ...... t~ldil I(elmir ............ Removal ........ , .... I)e~ol itio4~ ............ Olhe: Eati,,~ltc~l Cozt ./.~-..-~.~>.'f.)- .......... fee (to be paid I ~ (k~ellin&. nkm~l~er of ~k.~llJ[~) *mits ............ Hml)er oE d~el I ir If ~,ara§e, (~ni)er o[ tara .... ~-~. ............................... I1= bu~i.ess, c~unercial or miami occupm~yo s~ci~ ~rure ~ ~tent o~ ead~ ~ o~ ~ ...................... Ili.~nai~m o~ ~[s~ing arn~rea, i~ an~: ~ ................ ~ar ............... ~pU~ ................. I~i~r ........................ . ~l~r of Stories ...................... Di.~nsi~ o~ ~m s~n~re ~iU* alrerari~m or ~i~ion8: Fr~ ............... ~ar ............... I~ptl~ .................... l~i~l~ .................... ~*i~r o~ S~orie8 ............... I]i.~nsi~ of entire ~ ~i~a: 1~ ................ l~ar ............... ~l)[h ............... I~i~r ......................... ~t~r o~ S[oriea ..................... Si~ of lot: 1~ .................... ~ar .................... ~p~h .................... ~ or u~ disKric~ in ~ld~ pr~i~a are s~r~ .............................................................. l~ propel ~r~ml~ vi~la~e any ~i~ 1~, ordi~e or re~ula~i~: ........................ Will lot ~ ~r~ .'.~ ............. Will dit ~ · . ~ ~ - ~ o~ Ar ~ ~ .................................... res~ ............................ m .............. ~m~ of C~tr~tor.. ...... . ~ ........... .......... ....... ~klress ............... ....... ...... H~ ~ ................ 15. Is this p~rt~ ~iflsin ~ [~C of a ti~l ~tl~? * ~ ..~ ...... ~ .......... I~a~e clearly ~ di~ti~tly all ~lldi~8, d~fl~r ~isti~ or pr~, ~ i~licate 811 ~-~ di~nsi~8 fa~u prol~rty li~s. Ci~ st~t ~ bl~ ~l~r or ~rlpti~ ~co~i~ to ~, ~ ~ strut ms l~l i~icate ~l~r interior or co~r lot. ...... .~t~..~.~./s~..../~...,~/.¢..~ t~]. ................... beiW: duly ~rn, (~lx'~s m,I ~ys that he i. LI~ ~m,plic,nt (~,~ of i~ividml signing c~traet) (C~ltractor, ~emlC, corl~rate officer, eLc.) o~ s~id ~er or ~ers~ mgl ia dtdy ~U~riz~l ~o ~rfom or h~e lerfo~ U~ ~id ~k mgl ~o n~ke m~] file thi~ appl ica~i~; ~lmt aH s~a~n~s c~rai,~l in U*[s al~llcaCi~l are rn~ to ~*e I~s~ o[ bio ~l~e m~ I~dief~ m~l tha~ the ~)lk ~itt I~ ~rfonlsI in Lie i$lill~r ~[ fo~ch ill the al~tica~i~ fil~ tler~LUs. ~)rn to left)m ne Ibis ~ ......... .... ~ta~ l~ti .......... (Sll~T~l:ure o[ Al~l]eamlt) APP~iCATION FOR WAIVER UNDER ON 200-2 6 ~ut~°{dT°w~3~ review is for lots which have separate deeds recorded prior to 1983 and undersized. A merger determination has been issued by the Town Building Inspector (copy attached). The zoning of my parcel is presently: ~-r/~ The size requirement for this zone is: g;~ square feet per parcel. County Tax Map Parcel Nos: 1000 ~ - ~,~)- ~OO I (we), , as owners of the contiguous lots shown on the attached deeds, request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "waiver" under the merger provisions of Article Il,. Section 100-26 of the $outhold Town Zoning Code. I hereby submit all of the following documents for reliance by the Town of Southold in making this review determination: / 1. Copies of my recent tax bill for both (all) lots. / 2. Copies of deeds dated prior to June 30, 1983 for all lots. Copies of current deeds of the parcels under review. Copy of the current County Tax ~ap for my neighborhood. $IS0.00 application check which is not refundable if this waiver is denied. I understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the right to file for a subdivision and, if necessary, area variances under the usual procedure. By making this application, I hold the Town of Southold free and harmless from any and all claims and liability resulting (Applicant and Owner) Sworn to before me this day Notary P~blic (Applicant and Owner) UNDA J. COOPER ;; .~.:/* Publl~, Siai~ of New Yo~ A Waiver is hereby approved denied (delete appropriate action) based upon the above documentation. Issued by Reasons for application(tO continue on next page)- TOWN OF SOUTHO~Ib PROPERTY RECORD CARD ~"~D1~,¢4~' 'S W TYPE OF BUILDING RES. S~S. VL. FARM COMM. CB. MICS, Mkt. Value LA N D I M P. TOTAL DATE/ , R EMA R/KS AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre T~llable ,FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total DOCK COLOR TRIM M. Bldg. Extension Extension Extension Foundation Bath Porch Basement Floors Porch Ext. Walls Interior Finish Breezeway Fire Place Heat Garage Type Roof Rooms ]st Floor Patio Recreation Room Rooms 2nd Floor Dormer Total · y//Z- Driv(~way I~inette J DR. BR. FINI B TOWN OF souTHoIL~D PROPERTY RECORD CARD OWNER STREET ~.~ ~'5 VILLAGE DIST. SUB. LOT 'FORMER OWNER N E ACR. ~ S W TYPE OF BUILDING ' /2-z~ RES.' SEAS~..~ & VL FARM COMM. CB. MICS. LAND IMP. TOTAL DATE REMARKS /~ ~ /~ .2 ~ ~,~ ~'///~/7/ , ,,, .NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable ,FRONTAGE ON WATER Woodlond FRONTAGE ON ROAD Meadowlond DEPTH House Plot. BULKH~D To~l' ' . :,...~ ~., DOCK COLOR M. Bldg. Extension /z )r'/6~ -- / ~,so Extension 13 Extension Porcl,l~,cr Garage 3om Foundation r.~ ~ Both Basement ~i~ ; ~}~ Floors Ext. Walls . nterior Finish Patio Place Type Roof Recreation Room Dormer Heat Rooms 1st Floor Rooms 2nd Floor Dri~eway Dinette DR. BR. FIN. B TOWN OF $OVTNO~.D '~i~OPE~I'Y RECOB:D CARD VL FARM CO~. CB. MICS. ~ND ~M~. TOTAL R~MARKS t AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre .Tillable FRONTAGE ON WATER Woodlond FRONTAGE ON ROAD Meadowlond DEPTH House Plat ,BULKHEAD Total DOCK OWNER FORMER OWNER R[S. ORMER OWNEP :LAND IMP. J~ooo STREET ~ ~,~]'~ N ~3~0 o ~[~ble. ~:lland ~lowland ~200 / NORMAL Acre S ' ~L.-- .... ;" FARM TOTAL DATE ')...-g ~ ¢, ~oo BELOW ABOVE Value Per Value Ac re ¥i LLAGE W COMaM. RENb~LRKS CD. MICS. Mkt. VaJue /.z4-/,"3'-¢,./) '%. ~ ~ =S,t:J?' . LOT ACR..7?,¢ TYPE OF BUILDING/-/,~/' .~I~)NTAGE ON WATER -iF~ONTAGE: ~ ON ROAD :bEPTH BULKHEAD APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing 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 May 5, 1998 Mr. Feank Lioari P.O. Box 261 385 Orchard Lane Southold, NY 11971 Re: Appl. No. 4539 - Waiver for Vacant Lot Dear Mr. Licari: Please find enciosed a copy of the Board's determination rendered at our April 30, 1998 Special Meeting. We have today furnished the Building Inspector's Office with a copy of the enclosed decision as an update to the September 22, 1997 Notice of Disapproval. You may wish to contact their office directly at 765-1802 regarding the "open" application for a building permit, which must be issued before commencing construction activities. Very truly yours, I,{nda Kowalski Enclosure (1) cc: BuJldino~ Department, Attn: Ed Forrester Original Filed with Town Clerk's Office 5]5 -' I00.0 - 0 ._1 MAP ¢1~' LAND house oF /.. o7- NOTIC OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: DATE OF PUBLIC HEARING: 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 durin~j normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS · TOWN OF SOUTHOLD · (516) 765-1809 . .~. ,, ~ ..-, , I~,.,,. ~' II NOTICE OF HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, APRIL 16, 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 Read, Southold, New York 11971, on THURSDAY~ APRIL 16, 1998 at the time noted below (or as soon thereafter as possible): 6:35 p.m. Appl. No. 4539 - FRANK LICARI. Location of Property: Lot #30, Map of Cedar Beach Park, 485' Orchard Lane, Southold. This is a request for a Waiver under Article II, Section 100-26, based upon the Building Inspector's September 22, 1997 Notice of Disapproval which states: "...Under Article II, Section 100-25A, SCTM Lot #1000-89-2-7 and Lot 89-2-6 have merged since the nonconforming lots have been held in common ownership at some time after July 1, 1983...under Section 100-25E, no building permit can be issued by the Town until this section has been complied with .... " The Beard of Appeals will at said time and place hear any and aH persons or representatives desiring to be heard in the above application 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 HaH business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: March 23, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairr~n By Linda Kowalski ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southo]d, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: $outhold Town Zoning Board of Appeals Elizabeth A. Neville. Southold Town Clerk January 21, 1998 Zoning Appeal No, ~539 - Frank Licarl Transmitted herewith is Zoning LICARI for a waiver. Also included deeds; and copy of survey. Appeal No. 0.539 - FRANK is: ZBA Questionnaire; copy of QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.} B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? {m} Yes 6~) { } No. (If Yes, please attach copy of "con,~d~,~ions" of sale.} C. Are there any proposals to change or al~er lan~ con.ours. { } Yes {w} No 1. Are there any areas which contain wetland grasses? yam 2. Are the wetland areas shown on the map submitted with this application? ¥~ ~ ~.~ ~ ~=~4~.~ 3. Is the property bulkheaded between ~he we=lanns area an= the upland building area? ~o 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? ~ E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitt/ng? ~ If none exist, please state "none." G. uo you nave any cons=ruc=lon =axLnqp±ace concerning your premises? ~ If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? ~ If yes, please explain where or submit copies of deeds. ~,~z,~ ~ .~ &~z ~ - $~ ~,~y I. Please list present use or operations conducted at this ¢~. parcel ~,~a,~r-a~., ,~. ,r~e~,~.~,~, -~ ~ - ~, ,7' ~F~! and proposed ~se~,~ .~& ~u~ ~,~ ~,~.~ AU~orized~i~a~e ~d Date 3/87, 10/901k § 97-I3 WETL.-~.~DS § 97-13 TOWN -- The Tow-n of South~ldu TRUSTEES -- The Board of Trustees of the Town of Souchold. [Added ~5~4 by ~. No. ~-1984] ~S [Amended 8-25-76 by L,L No. ~-1976; 3-2S- DAL V/ETLAXDS: (1) Ali ~a~ds gene~lIF covered or i~rmit~en:ly cov- ered ~vkh. or which bo~er lyiu~ beneath tidal water, which at mean low tide are covered by tidal waters m a maximum depc~ of five (5) feeC including but not limited m ban~. bog~. salt ma~h. swamp~ meadows. ~a~ or o:her low lying land~ subject ~ tidal action; (2) All ba~ks, bo~. meadow~ fla~ and tidal marsh subject to such tides a~d upon which ~ows or may ~ow some or any of t~ followin~ salt hay. black ~. saltwort, sea lavender. ~11 c~rd~, hig~ bush. cat,ils, gruun~ All l.~d immediate}7 udiacent ~ a tidal we~tand as defined in Subsect!on A(2) and lying within seven- ty-five (75) feet landwar~i of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (I) "Freshwater wetlands*' as defined {n Article 24. T~- tle I. § 2.1-0107. Subdivisions l(a) to l(d) inciusive. of tho Environmen~i Conserv.'uioo L~v of the S~te of New York: and (2) All {a,.nd immediately adjacent to a"frcsh~vater wet- !and. as defined in ~ubsection B(1) and lying wi~h- ,n seventy-five (75} feet lai,dwurd of the most {;nd- wurd edge of a "frcshw;~r wedand." .. · 9705 Ordinance [7 Of Zone TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR Town Clerks Office Southold, N. Receipt N:' 7361 Received of .................................... t ......... ~~. ~'(~...~ ....... Fee for Fee for Fee for Appeal to Mul~iplc Fee for BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of AFFIDAVIT OF MAILING AND POSTING (N. me of Appli~nts) say that: , lgg~ , I personally mailed, a true copy of the each of the following named their respective names, that on the current assess- said Notices were m. iled at name below certified mail, receipts here): Name of Surrounding Property Owner "' ~;~. ~ '"'~ ~t ~ Mailing Address ~ ~e - ~'~'~re~'s,~r ~,~ ~/~/~' k~. 0~,~''7~ posted ~e ~ ~'s off~ poste~ ~ Ce - ~ ,~cm~ the st~t o~ ~j.?e~ed to be s~ ~e ~ pmo~ to the s~b]ect **Please return to the office of the Board of Appeals when completed. (Town Hall hours are 8 - 4 p.m. ) Thank you. BOARD OF APPEALS:TOWN OF sOUTHOLD In the Matter of the Application of AFFIDAVIT OF MAILING AND POSTING (Name of Appli~nts) ~ X Mail :&Feesl 40. G-10 cOUNTY OF SUFFOLK) STATE OF NEW YORK) New York, be~g duly sworn, depose and ~y t~t: 1) On the &~ day of ~a~ , 199~ , I perso~y ~, by ~rtffied mil~ ~turn receipt ~quested, a t~e copy of ~e at~ched ~ No.ce, add~ssed to ~ch of the foHo~g named pe~ons at the add~sses set opposite ~eir ms.five ~es, ~t the add~sses ~st~ below a~ those sho~ on the ~r~nt ~sess- merit m~ of ~e To~ of Sou~old; ~t ~d No~s we~ m~iled at the U~ted S~tes Post Office to ~ch ~ below cer~ied ~il, ~turn ~ipt ~u~ted (at.ch p~t office ~eipts here): N~e of Sur~undln~ p~perty ~er ~dd~ss 2) On the 6 day of /~m,c 199g, I pe~on~y posted ~e subject p~r~ iden~ed Block ~ ~ ~t ~/, by p~c~g the To~~s offi~ poster ten (10) f~t, fa~inE ~e ~ht-of-way, ~d t~t I ~ve checked to be su~ ~e poster ~ ~in~ ~ ~ for seven fu~ days p~or to the sub,ct h~gdate, w~ch ~d~. /~ 199~ /~ /~ ( si~atu~ · Sworn to before me thins day 19 . Pui~lic -- UNDA F. KOWALSKI Notary Public, State cf New Y0d~ No 52-4524771 Qualified ,n Su,~o,, County Commissicn Expires Nov. 30, 19 **PLease return to the office of the Board of Appeals when completed. (Town Hall hours are 8 - 4 p.m.) Thank you. 089