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4548
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 REGULAR MEETING OF APRIL 7, 1998 Appl. No. 4548 - JEFFREY WORTHINGTON PARCEL 1000-55-3-28 STREET & LOCALITY: 1025 Long Creek Drive, Southold. DATE OF PUBLIC HEARING: March 23, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above -identified property is located on the northerly side of Long Creek Drive, Southold. This property contains a total area of 32,446.41 sq. ft. and is shown on the Map of Yennecott Park as Lot #12. The premises is located in the R-40 Residential Zone District. The survey map updated November 6, 1997 shows two existing foundations, one for a new dwelling and the other for the subject accessory garage building. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated January 20, 1998, which reads as follows: "...Please take notice that your application dated December 12, 1997 ...is returned and disapproved on the following grounds: The proposed accessory garage being in an R-40 District shall be located in the required rear yard pursuant to Article III -A, 100-30 A.4 which refers you to Article III, 100-33 .... " AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is for approval of a 15' x 22' accessory garage in the "as built" side yard location. The "as built" setbacks of the foundation for the garage are confirmed on the November 1997 survey to be 22 feet from the westerly side line, 50 feet from the front (southerly) property line, and greater than 105+- feet from the mean highwater mark along Long Creek. The dwelling location is not the subject of the building inspector's disapproval or this variance application. REASONS FOR BOARD ACTION, DESCRIBED BELOW: The Town Trustees' authorization for construction in this lot precludes any construction more than 105 back from the street. The house already erected on the lot leaves no room to build a garage in the rear yard in a location complying with the Trustees' authorization, and applicant therefore wishes to place the garage in the side yard with a setback of over 50 feet from the street and 22 feet from the nearest property line. Page 2 - April 7, 1998 Appl. #4548: 1000-55-3-28 (Worthington) Southold Town Board of Appeals Because this is waterfront property, Section 100-33(C) of the Zoning Code permits the garage to be located in the front yard provided that the front yard setback requirement is met - in this case, 40 feet from the street line. However, there is not enough room in the front yard for a garage complying with this setback requirement. The Board finds that, in light of the location of the house within the lot's buildable area as authorized by the Trustees, the benefit of a garage can be achieved only if it is located in the side yard. The garage setback from the street complies with the applicable front -yard setback requirement, and the Board finds that the variance applied for is not substantial because a front -yard location with the same setback would be permitted (if it were feasible). Because of the substantial setbacks of the garage, and because it will be architecturally consistent with the house, the Board finds that the variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The fact that the garage will be located within the area authorized by the Town Trustees provides assurance that it will not have an adverse impact on environmental conditions. The Board deems that granting the variance applied for is the minimum relief necessary and adequate to achieve the benefit sought while at the same time preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Tortora, it was RESOLVED, to GRANT the relief as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, HORNING, and COLLIN REySALH�I�D[ wad duly adopted (5-0). // / � A 5400 / txtlk /actions. all / 55- 3-38 Approved for Filing I;ECF'Iti _ 0 AND FILED BY ii Svu _ . �D '1'C is CL :._> I;" -TE I v'JR FO1tM NO_'� / TOWN OF SOUTHOLD BUILDING DEPARTMENT ;i �• ,•;:� SOUTHOLD, N.Y_ V JAN Z 2 NOTICE OF. DISAPPROVAL DATE: _January. ZOa_ 1998... _ ...... _ _ To................. 45 E. Ar -goon Rd. HamQton Bads, NY_ J.1946 ............. PLEASE TAKE NOTICE that your application dated ....... 19.98 for permit to..._construct an.acm.cessory garage at Location of Property .. 1025_, I.ong,.Creek Dr . -. ........... Southold _ ... _ _ . _ House No.. Street Hamlet County Tax Map No. 1000 - Section ..A5 ...... BLOCK .:03....... LOT .; 28 ....... Subdivision :........... ..................... Filed . Map No_ ......... Lot No. is returned herewith and disapproved on the following groundse•g=oposed accessory . arage.heing in an.R-40.District shall be located in the. required rear yard pursuant. to Article III -A 100-30 A:4 which refers you to Article III 100-33. Action fequired by the Zoning Board of Appeals. RV 1/80 /SrE:CTOR 0ID7 G RD OF' HEALTH . VORM NO 1 �.i SETS OP PLANS . .:.. . TOWN OF SOUTHOID - SURVEY,.. _ f7CC '� ��9 BUILDING DEPAR114ENT CHECK .: :.................... i TOWN HALL SEPTIC FORM .:...........:..... } SOUTHOLD,.N.Y. 1197'1 TOWNOFSOUtHOLD TEL: 765-I802 NOTIFY. CALL'............ Examined.................. 19..., MAIL TO:....'................ .Approved.................. �19^° Permit No Disappruved a/c ... ........... ......... ............1....•....,.................. .. .�Y :01uilding Inspector} APPLICATION FOR. BUIJFDTNV PERMIT � J/ i .Date. INSTRUCTIONS a. This application mist be coupletely filled in by typewriter or in. ink and submitted to the Building Inspector wilt 3 sets of plans, accurate plot plan to scale. Fee according to schedule. t b. Plot plan showing location of .lot and of buildings on premises, relationship to adjoining Premises or public streets or areas, and giving detailed. description of layout of property mist be drawn onthe 'diagram which is part of. this application.' c. The work covered by this application maynot be cmmenced before issuance of Building Permit:.. d. U1on approval of this application, the Building. Inspector will issue a Building, Permit to the. applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in Miole or in part for any purpose shatever until a Certificate of I Occupancy shall have been granted by. the Building Inspector. APPLICATION IS UCREBY MW to the Building Department for the issuance of a Building Permit pursuant to the - Building Zone Ordinance of the. Town of Southold, Suffolk Canty, New York, and other applicable Laws, Ordinances or ,Regulations, for the construction of buildings, additions or alterations, or for removal or demlition,as herein A ill described.. The applicant agrees to comply with all applicabl5y laws, ordinances, building code, housing code, and regulatiacs, and to admit aathori inspectors s i buil ing for neces ins tions Signature of applicant, or nage, i corporation) rl. (Mai.lingress�of applicant) /1 Y,6 ' State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises i../Cs Y� ..... { .......... (as on .the tax roll or la'fest deed) !/ If a14flicant is a corporation,. signature of duly authorized officer. ji ................................................ a„ (Name and title of corporate officer) w Builders License No ... 1; Plunbers License No. ......................... i.. Electricians License No. ................... - rs.. Other Traders License No. .................... Location of land on whidi proposed work will be done. ............... fi... ................... ... ....... .......... ........ ......S............ ......,.. ...,..... ........�/ iY ikuse Number treet^ Iplamlet County Tax Map No. 1000 Section../�� ,g... .. Block .. y ...Lot Subdivision .f•-CaA!�t/{'.-.0 S-7 ..?...!... .... Piled Map No. l.C)1.9 .F.... let....../..2':...... 12. State existing use and occupancy of premises and intended use and occupancy of proposed construction a. Existing use and occupancy ,�'�7'.rsAV7..1�...... !: oak, ") —(4 r .......... TO r i i $+4 ,{ b. Intended use and occupancy ../. �:V ll�!....j,(„1+�: `:1. ''P•��" ' ' °:k� RaEe of work (dteck 4iidt applicable): New Building ...�.... Addition .......... Alteration ......... Repair .......... Re:oval ...... Demlition ..........., Other Work ......... ........ .......... .....::. (Description). EstimatedCost.,f,°i>}�?t?_:.• ... fee. ...,.. ,., ............... (to be paid on filing this application) If rAsel.l ing., rx.dxr of oiweti ing11units "L.....tknix-.rof, ikiel ling :m!tA on encs: floor If garage, timber of cars t..: 1.,:............ If lxmioess, oam:ercial or mixed occupancy, specify witure and extent /otf eacli L.ype of use ...... ` ....... ➢!mansions of existing atnu.tvres, if very: .Prom: �� .. Rear ../.':'7... .'/..,. Depth ....... ,r 4' 7 / .height ... 1 .., _ t4,i)er of Stories . 1,.... Dimensions of save structure will' allernittns or additions Fr tit Hent %� ••••• •u G� 77:15 11epUt ,... "�,�',:„c....... LLertlrt ....,�..y1 ..7..,. N;rnber of Stones Dimensions of entire neer constructions front -."� .. hear � ..... Depth .�1 ... :7 ,2 j .... ,... ....... limber of Stories q. p � liep Size or lot, Front _ A. V7 :.." N."meao� mer Owdfier�Y•Q.!!✓/�,s t1 ). Date of Purcliase / �, 1. Zone or use district in whidr premises are situated .4¢<.C�)=4�!7'�r?�....................,...... 2. teles proposed construction violate any zoning law, ordinance or regulation.: ,1s.f.. .. ............ 3. Will lot be regraded „i ., Will ext ss fill be removed Exon presses YGS 4. Hams of. Owner of pmmses�T ��rNR f'f LM i�M)dress T✓/ € �%t�' t`!.(��Hare tin.%Zi�.�'OZ Nam of Architect �e1Zson) �enJmY�Um/�EK gess _�y£fnfPC� 11 i7,one Hoyt'7- fj yo r. ,y h�Ga Qa. Nam of Contractor .. •��v`.��p � � yy,, �" L . y%fc�-. .,,....., r Address ..��Ai'1 �fU.(i!i._..:.:,._......Pb«te 15. Is Ods property within 300 feet of a tidal wetland? * YES ✓...,. M r 1L *w, Y1s,.. Saw" Tum •l1mSDm5 PE[3 u MAY BE mquiSm.D. j 1.A.vC t7i'W3T'Gr�' `PLAT DIAGRAM Locate clearly and distinctly all buildings, whetber existing or proposed, and indicate all set -back dimensions firm pmperty lines.4 Give streetiand block nnber or description according to deed, and show street names and indicate t cArether interior'or comer lot. i.. ,5C-UPr�q SUA!!L j t l J�j7 joy 'CFM A rr CP-6+vc -- La-tiL Su���ycC J7 Smir, or mW YM, SS tX7i7NtY (7C j w! .. .... �" �" .........lxeing duly swain, cic.•i:nscs and says U:a7 he is the appl,ca::t (P4rm of it I idual signing Contract) above nsne.d, ik is the .., (Contractor, agent, corporate officer, etc,) of said owner or ut ners, aril is duly authorized to perform or have performed the said work and .to make and file this application; Urac alt statements contained in this application are true Co tire best of his knowledge add belief; and that the work will be perf:ouned in the manner set forth in Ube application filed t!nerewith. - ikxinr LuI--.FkO— me this f�i/, Notary Rdblic _ .. P.NEUBERGER ...... NbfiARY PUBIIC, STATE OF NEW YORK A10.4$66065•St)FFOLKCOU (Signature of Applicant) . TERM EXPIRES Ai1G 4.197 �_2 3� F1� "-= TOWN OF SOUTHOLD, NEW Yv6V i_ C _ s. r APPEAL FROM DECfSlON OF BUILDING INSPECTOR t � .............:.. TO THE ZONING BOARD OF/ �A�PPS S TgqWN OF SOUTHOLD N Y l 0,1 00 1, (We) effne�? i.�/f)�t��N �i� �/ ��s� �i� 5®uDiotd .... ..........af ,s! ... .. .....:. ..... Name of Appellant Street and Number 7a F-�b°z ar .. t %i4✓aa,J7(iN , 4 .. .. ...... ........ ........ ............HEREBY APPEAL TO r Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF ;THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . .................................... DATED ...........................: .............. iltaSHEREBY THE BUILDING INSPECTOR DENIED TO Name of App nt for permit of ...�dlt'..:!LCV, ....y�...... t�'v....... ��.7.7i?......... Street. and Nun MunicipoLity State , ( ) PERMIT TO USE ( ) PERMIITFOR OCCUPANCY (�X) Ac,//0//A/5 r khzl� f. LOCATION OFTHE PPOPERTYIO?�� ®" ��`�� ..� .`LSU#�4 ... „ E4 �® Street /Hamlet J Use District on Zoning Map District 1000 SectionS5BlockO3Lot ; T C .......... .....................................................I........ Current Owner JYvicc, GzJv� err o Map No: , Lot No. Prior Owner . o/UA k/ 7u 2, PROVISION dS) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article r -U7 -X;. Section f00 "�® r�- ;i 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) 00 A VARIANCE to the Zoning Ordinance or Zoning Map 'i { ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws ( > Art. 16 Sec. 260A Subsection 3 k d, PREVIOUS APPEAL A previous appeal (has) as not been mode with respect to this decision ! of the Building Inspector or with respect to this property. Such appeal was ( }request for a special permit 3 ( ) request for a variance f and was made in Appeal No. ...- . ......... .......Dated ... ........ ... ......... ................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( } A Variance to the Zoning Ordinance is requested for the reason that nrin Z$I 7 (Continue on other side) REASONS I`OR AREA VARIANCE'ONLY (to be completed by applicant): Do not use these standards for "use variance" or "special exception." (Also attach sheets if necessary, with signatures.) 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE:Q)Iv�e 6L.Ad Wekaeld io +V3'e Teat, 0f -i",5 btr,5d:nG % Ve1Gpe W.' I) )^.-2 ?'res-e�ve.G4 in. Ors no kvrc�l SAG��C� :. LQ 6`✓t2 iZQ+otMbo� 5' (+0 `r2 �S+V e go ce —Ke Cr22K w t kt oc)lr be obstr�c�e cl. �e ?oSed `rte°� as '�eeip�3 NiSv -,o e vests GF 31 e Yl¢ t • , CunSkruclec� ire. ( �y� ie�e co C,,,u,G,k Ct is o: noses hr re c �c c< K �i �chetl 2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for Lhe applicant to pursue, other than an area variance BECAUSE: ( r� rj p eSz grx(-age C_0_, oto+ \_)e Ca1s nee& ^. a gel cnCe G� C,ZSdZ :ZCCv..tSa`' r�1tP Ccn-den -i'0 1'\nAt Op `C`-+.2 Vt OQ_:e cL o0 'kd_ y��Ac, y'%,'Z. �xrcc+�.'�.'eS Cz2�yUinc �) i �4z 61 �L f�e5 i e Ci rY 2 oV S� , �jse �V ci a op i� uza e�3 cy r s �j%,zl ? 3. The amount of relief requested is not substantial BECAUSE cA uj LOLS9�-CP3S-eg� J,)DulC� 1'a2 9 1 r r-- iC � c 2��.�'.5.�n-•.er.�zS'��SsrC.G�=.C� a€ G<�e15i�nve. 4. The variance will NOT have an adverse effe t or impact on the uQ oar; physical or environmental conditions in Lite neighborhood or district BECAUSE(f e ;;ncd�s o�Co� w1 -AA •nds. w,,Otb.e �eki UnhvCi�eC:� ��2 }�ruSe�' 1CzCd?rn2nk an%2s2S p( qln� dos§ l�Js ccnd 7Cc. (Szt wS+t2sPc�etz �y Sv „ck:c � ao �cefars3 5. Has the alleged .dJifficulty`,� been self-created? Yes. `I)ES find N`=.D.. We. LUCre- UY1awo -e. C,,& r`oi- �,- cOrrnCG( lVo. 5 a? r c5 o, �rn.�z s),o..,kd ire iacecL 4o e reap c #4e i c cz f Sorve (wri erg y (� no 0.§tic4 ¢off.y vn,5uK2 u y �e� Sc c rt i`nG irio5 C rrenb ,`j' Cj }�-Ca+�SZ.`iV'�Z b�,Ad:nY �ZtM+`r [apyolt C�:�;cnCA.i�L'c��iJr �Cili'Gt. S�''irn�r�C�hjf.Lt9L �'niCii�F "C'C'k.S.'2'� v 6. This is the minimum aiat is necessary and adequate, and at theZZZnv,0` 1 same time preserve and protect` the character of the neighborhood andw `4 the heal Lh, i . safety: and welfare of the community. 4�?d- 1 VW S'L'ATE OF NEW YORK) COUNTY OF SUFFOLK) (Applwcln/tr Agent must attach written consent from owner. Sworn to before me this `�{ day of jroj jA 19 . p l= Publi EARL P. NEUBERGER NOIARY MBI!; , SIAIE Of NEW YORK NO.4866665-StiffOLK CO t x t 1 k /form . va r / temp TERM EXPIRES AUG 4.1 STREET : VILLAGE DIST. SUB. LOT %�� OWNER N f E ACR. W TYPE OF BUILDING SEAS. VL. — FARM COMM. CB. MICS. Mkt. Value IMP. TOTAL DATE REMARKS BUILDING CONDITION NORMAL BELOW. ABOVE Value Per Value --^— _ Acre Acre FRONTAGE ON WATER I FRONTAGE ON ROAD� ind DEPTH it BULKHEAD r ,. '7tL. K4�✓ r.. zaa ��,tcrou-Fe�ta�o-esm��z��t .`. f BPa4347�•- COLOR TRIM I i e - 4 M. Bldg, Extension Extension Extension Foundation Bath Dinette 1 Porch Basement Floors K. l Porch Ext. Walls Interior Finish LR. ~Breezeway Fire Place Heat DR. Garage Type Roof Rooms IsY Floor BR. I F Patio Recreation Room Rooms 2nd Floor FIN. B O. B. Dormer Driveway ]]I t Total' l SURVEY OF LOT 12 AfAP OF „: \�>•p \ YENNECOTT PARK FILE No. SIBJ FILED OCTOBER 9, 19fiB 1 SITUATED AT z i S NO F SO TH o -.. S \ 1 TOWN OF TY, NEW LD °i- I q% \\>$ SUFFOLK COUNTY, NEW YORK S.C.IAX No. 1000-55-0 -28 p LOT MARCH 22 1997 NOVEMBER �k 6 19W FOUNDATION LOCATION x . l N g22 % (ro AREA = 32,440.745 41 sq. H. / ns uNsl OJaS a 4 y � —�QI3+ ✓m / W a H r�rvFw�tts // / i rzo 9/x / e ✓ �. / I yn 1 ,Hun He. neo / N iu' TEST-PIDLE DATA (rfS! HOLC AS SHOWN AS IFSr U I+u ] O.ti.[RCD UNP) R 1 GOUNDAi1DN � Rn Y - W ,0000'°, o 1 � s o ewer a+raa. CER 1-D TO' 00`. ar..q,^n % FIDELITY NATIONALTITLE INSURANCE COMPANY y - e• - - .STG ASSOCIATES, Inw JEFFREYWORTHINGTON DpTVTHEATHER HILL WORTHINGTON LONG CREEK (PU61S WA1EP IN SFRfTTi - Ha��= — 1Y5F6 nYPC W,RN) UZE"R�a'=&-'l-3 Wm, m� mu NIPPY � KKxct^WiH9 J— D=NL mp) \ ISYpHN WTNMN Th➢ 0. (u Es wens w, � [Nis f mF IFNootc n m_ i HC¢N'�^s wF Rr mwm'rv8¢ rHE [NISIG N W UP WAY SS^ EH AAC HmL014W.Y1W FE4 Jo1seph. A. ingegno 1. TEST HOLE DATA ftEFERENWN FROM TEST HOLE No. 2 AS SHOWN ON FILE➢ MAR -Land Surveyor 2. MINIMUM ERIC )pN5 SHOWN T111 FOR ARE REFERENCED TO N.G.YD, .1929 DATUM. EDUN o ll V ' 3. MINIMUM SEPTI z °: C TANK CAPgC TIES FOR E 1 i0 4 BEDROOM HOUSE IS 1,000 GALLONS. yi i TANK; L LONA 4 SYSTEM WOE, 6' T DEEP a - rW su mye mee.uwe su Pa _ cangr pyl {... 4. MINIMUM LEACHING SYSTEM FORA 1 TO 4 BEDROOM HOUSE IS 300 sq 11 SIDEWALL AREA. 4r° 2 POOLS; 6' DEEP, 8' d10. PHLNE (slspz] 2090 Fa. (5t6)t}i WJ3'! n e n o"W'71 togrcL r aNw+c lmaeS�;, N e[p9ue, Hen YnM1 1193 NrmNieo4, Hn YM ItAtl 041 : :T r ISLD Fki--r rR-.L, ru .. ........ VAO was If 0 o.r_ 0 041 0s:33 C. 3`CbtJCRCT 2,44 SI LL AODJ�,D>> I LL — --------- L c K C S s SL i (") N I-KUN I ELEVA-TI 0 N , LEFT SIDE , cd 0 : :T r ISLD Fki--r rR-.L, 9PKF FNc A—M& Ifix '. 235 ASPn�LT. uIN6tE PC 0s:33 C. 3`CbtJCRCT 2,44 SI LL AODJ�,D>> I LL — --------- L c K C S s SL i (") N I-KUN I ELEVA-TI 0 N , LEFT SIDE , cd 0 OFFICE OF BOARD OF APPEALS Southold Town Hall 53095 Main Road Southold, NY 11971 (1-516) 765-1809 ZBA tel. 765-9064 ZBA fax. April 8, 1998 Mr. and Mrs. Jeffrey Worthington 45 East Argonne Road Hampton Bays, NY 11946 Re: Variance Request (Garage) Dear Mr. and Mrs. Worthington: Enclosed please find a copy of the Appeals Board's determination adopted at the Board's April 7, 1998 meeting. Please contact the Building Department regarding a follow-up and request issuance of the pending application for the new construction. Please do not commence building activities until a pen -nit has been issued by the Building Inspector. The Building Department was today ftunished with .a copy of the ZBA action for their update and file. Best wishes to you in your new home. Very truly yours, Linda Kowalski Enclosure (4/7/98 Decision) Copies of Decision also to: Building Department (update) Original Decision filed with Town Clerk's Office 0?— 1"e' f S) DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK F ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE April 13, 1998 STEPHEN M.�JONES=A:1:'( I DV{IRE_CfOF2 OF PL!ANN NG4 i 11 1, � 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. Annlicant(s) Municipal File Number(s) Worthington, Jeffrey Stotzky, Kayla Livanos, George GGN:cc Ml 11 CCIZONINGVONINGIWORKING\LDSWPR1SD4548.MAR 4548 4551 4552 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner 220 RABRO DRIVE ■ P.O. BOX 6100 ■ HAUPPAUGE, LONG ISLAND, NY 11788-0099 0 (516) 853-5190 0 FAX (516) 8534044 COD Z oy� 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 A& ni st=tive Ccde, The Board of A;Peals of the Town of Southold, New York, hereay refers the folia, -mg to -the Suffolk County Planning C'rmnissim: X X Variance from the Zoning Code,_ Arti c l'e I I I -A Section -100-33' Variance from Determination of Southold Town Building Inspector Special Exception-, Article Section Speci al Permit Appeal NO:, 4548 Applicant: Jeffrey Worthington. Location of Affected Land: 1025 Long Creek Drive, Southold, NY County Tax Map Item No:: 1000- 55-3728 Within 500 feet of: Town or Village Boundary Line XX. Body of Water (Bay, Sound or Estuary) State or County Road, Parlcray, 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 -of -Way of any Stream .or,'Or ainage'Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Muclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission -to construct an accessory b-uilding (garage) on the "as built" foundation 16cated in a side yard a ea Copies of Town file and rela_ed documents enclosed for your review Dated I L die - BOARD OF APPEALS : TOWN OF SOUTHOLD -----------------------------------x In the Matter ,of the Application of (Name of Applicants) ------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING AND POSTING Wo ,-_' 14W (,- residing at `f S t .: AGO.),Je go . ,, AAW PI'Vo &ft's -1s f /�A i7•l Flt iJo�-7�4.� G�-u �J New York, being duly sworn, depose and say that: 1) On the ( 1. day of M 49c-1 199 � , '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 Ci5EiV,6,5R6- 9a5 Lon/ 6- C26z7x P)de. ,Sova L.v by n �+ ja Xc6_ GAvA V /•2,2� 4 o/V /' Cry &mac. 2)R. So v rte/ /� c. �� U y ROOT # JCAkJ —TUEffffPA�0 _10 SV /DAJG- C, V-1 Dse-SflviNi�it� lly and., 2) On the 16- day of M,411-cP 1996, I personally posted the subject property identified as District 1000, Section 53- , Block. 3 Lot ag 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 s ven full days prior, to th subject hearing date, which is 31,Q 199. y Sworn to': efore- _me this (sinature � :d f -N.\.k A4 199" ERGER Nota lic NDTARY PUBLIC, STATE Of 'NEYORK N �65 SUf�FOLK CO jY **P ease return to theT R ic'�eEo VGthe Board of Appeals when completed. (Town Hall hours are 8 - 4 p.m.) Thank you. § 58-1 NOTICE OF PUBLIC HEARING, § 58-1 Chapter 58 NOTICE 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 4. 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 § 58.1 SOUTHOLD CODE § 58-1 i 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 addressee listed ror, them. on the local.assessimerit.roll: The, applicant o'Figent shall Me an affidavit: i;,3►t'4-sfhe- •lias"Mco'fi�piied with this provision. t► ,,: SOUTHOLD.TOWN. ' -BOARD' OF=APPEALS 1. `',• MARCH 23:1998 -' N:OTICE:..:IS,' HEREBY !IV'EN; pursuant to,Section 267 tf theTowu Law and -the" Code .f ,,the Town b Southold;: the ollo'wing applicationswill be field for rpul lic' heacing;by ih:' it:'the,times:noted below (or, as ;oon thereafteras-possible') � ` '4'5`50 [UTI �1VIILLER.� rT�'s_ is''a're� yards'.."194tion of ,Property:; 54OUs Ind'ian,„Neck'=Road Pecoiric;'CoAnty Par6e1=1000-86;'- 6`40, p.in"1 �Appl.--No. 4549 CAROL :`.and' ' `NTHONY'- L-09 atice `lia ed,l?P ` 4 licat .. :. , Notrce; oi�pisappro�al,tiwhich reads r>;,: hor§es; shall not �be. hous66 within forty (40) feet of `ip any_.lot linei}Article'III Sectio 100-3.1C(8); and-Notice:of,Drs=' appr6V6 da`.te'8' Febriiary`_18; - I q98; Article III, Section 100 31 A2(b), that'the vacant properly district; requires lVacFes or.more. for,keepin$ of horses, Article IIIc Section 100-31A;2(b):••"•(Als01:. ref.,Sections 100-.1.O1A=1. an&'s 100-1O1C,):Applic ants are pro- posing corral locafion 1ficluding. existing barn,- for up- to' two .ses'as'an _''• ter.? horaccessory to their Losquadro 164.tedrat,02855 Boisseau Avenue;` Southold,' ' NY; P.arce11000=3=5=12.1: A would extend orito'a portion of, v vacant;'pt'aprrty ;of�Donald�b Tuthill; larown'as:3'125 ,Boisseaur-'' A'enue; •Southold1;,`4'000=55-5'= 12:2:'`.1{s•'e_'.s p:m APP1 N64 455.3'' a regiest'. for- a;'vanance�:based: nnnm th6e Buildil k' hsl?ector's,,: Estate; 1000-u9-1-23. pl:`No:.40'61' ELEANOR _EVERNICH- This'is. a carryover. hearing re- garding a request for variance(s) in this pending division project (proposed .two lot§),'Article XXIII," Section ,100-239 and Ari. .iicle.114 Section z100-32;;as:.to� totals lot .size in this; R-80 :Zone District:; Location of Property: 3200-Cox•Ne'ck Road; Mattituck; ib6o-113.9-5 coritaining'.�163 997 sq. it: -'.r'::.;` 7 . T.00 'pan.-Appl-.�No'; 455'Ii KAYIJA B. STOTSKY ;This,'is ,the., pioposed:re-:=.,1. kvn win[1n.WS•Wlth -�. a: request';tgr. a, variance, oa V upon; the,_building,msp' ctor's February 9;:J 998 --Notice of Dis= appt& Article XXIII; Section x100=23'1-A�Applicant is`}iropos" ink fence ata height in excess COUNTY OF ,v-,FFOLK 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- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for .............../ ..................... weeks successively, commencing on the ...../ . Zday..............3R�H........................,19.98:`.:�:. ............................................ at, 335.iOsprey::{}lest R-660', al Greenport; 1.00Qi=35-6;33.;;,, so Sworn to before me this ..........................:.day of own as: of #6 Section 1, Map . of Cieaves'1?pigt, :..r> .;',; r , i4wia CH 7 05 p m:;tApp1;:NQ:;;•4548= ......................n:? F}R.................................... ,19....... JEFFREY WORTHINGTON Tfri ' isa'request fo'r a variance/1 X bag' d',Au ort' 'the `'bu'il'dang' specior'sSJa�iu;ary''20 ;1998 Notary Public tion, whi�h� is, located.in ��F sides yard:area; Article :III; A; Section 1:OU;3:; ',Location-, Prop�rtyt 1A25 e� I' ong- :' Creek' �.Drive,� Souihold; 1000=55=3= 8; also known has Lo"t''1 Map- of oitPark:``"=z YenneC . • . , ,�m:'THEODORR'and' MARIA PETIKAS.{. This-as'a request;for,' a;twp-family='u - ;at the; corner_ of w/s. Aound • Road; . and. ft/g: Main or.North, Road (CAR 48),; Greenport;1000-35T:, 1•=8; ;which'requires, approval. Ids from` the `Board of Appeals 'for_ thefollOwmg;, .. ._.': J A:' a)`Spceial'Exceptigri'A 0 i. cation N.o:'452,5,,as,pi o id' d:.by, Article II1-A,, SectiQri °I Oto=30A:2 for,.a%wo=family;use%occupancy; A b);Variance.ApplicationNoy: 4526`as'provided under Section,' 100=`33-A. 3ffofthe.rea§J66,tliat'the_ sul;staridard lot si'ae 6f`,21.,`493 -sq. ft. hoes=nbtf''J e re- quirements''for -ar t�%o� ActC550kl 6qfRc-,E 5iorLocario/ NOTICE 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: SE�FRE'� WoRTFFin(�'ran( DATE OF PUBLIC HEARING: os�.m . tAonl, M /veep 23 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 8 a.m. and 4 p.m. BOARD OF APPEALS •TOWN OF SOUTHOLD (516) 765-1809 OFFICE OF BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (1-516) 765-1809 tel. March 6, 1998 (1-516) 765-9064 fax. Re: ZBA Application Hearing Date: Monday, March 23, 1998 Dear Sir or Madam: For your records, please find enclosed a copy of the Legal Notice which will be published by our office in the upcoming issue of the L.I. Traveler newspaper. Under the requirements of Chapter 58 of, Town Law, we are requesting that you send a copy of this Notice at this time by certified mail, return receipt requested, to the all surrounding property owners. Please include a copy of a map or sketch describing the setbacks and building(s) with your mailings and your telephone number. These mailings must be postmarked by 3/11 if possible, and be forwarded to all owners, as listed on the Town Assessment records, of vacant or ' improved lands across streets and along all sides abutting the boundaries of the subject lot. Please also post the enclosed Poster in the location described by Ch. 58 of. the Code (that is, within ten (10) feet of the front property 'line facing the street, for a period of not less than seven (7) days) . The sign may not be posted later than 3/15. If the sign is torn or removed due to adverse weather conditions, let us know and we will provide another. Please return the Affidavit of Mailing with the white certified mail receipts (postmarked by the post office) for our file prior to the hearing Page 2 - Instruction Le Meeting of March 23, 1998 Southold Town Board of Appeals date by mail or in person. The return receipt green cards may be returned at the hearing (or before) . If you have questions, please feel free to call. Very truly yours, Linda Kowalski Board Secretary Enclosures AS400/1nag.98/app1.1n 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: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: ELIZABETH A. NEVILLE, SOUTHOLD TOWN CLERK RE: ZONING APPEAL APPLICATION #4548 DATED: February 19, 1998 Transmitted . is ..an... application of Jeffrey and Heather_ Worthington to construct an accessory garage together with Applicant Transactional Disclosure Form, Questionnaire for filing with ZBA application, copy of area variance law, Southold Town Building Department Notice of Disapproval, survey with project indicated, sketch of proposed project, tax map showing location of property, Southold Town Building Department building permit dated September 11, 1997 to construct a two story single family dwelling with attached garage, Building Permit #24343Z, Letter of Non -jurisdiction Tidal Wetlands from New York State Department of Environmental Conservation, Southold Town Board of Trustee Authorization #4242 to construct a one -family dwelling with sanitary system subject to a 45' vegetated buffer to be maintained dated September 30, 1993, a September 26, 1996 Southold Town Board of Trustee Authorization #4653 to construct single family dwelling with 55' X' 100' building envelope as per revised survey dated October 16, 1996, a copy of the Yennecott Park covenants and restrictions, sketch of proposed project, survey of property, and photographs of house, and foundation of garage. Elizabeth A. Neville Southold Town Clerk 5 REASONS I'OR AltEA VARIANCE ON_L.Y to be completed by applicant) : Do not use these standards for. "use variance" or "special exception." (Also attach sheets if necessary, with signatures.) 1. An undesirable change will NOT be produced in the character of • the neighborhood or a detriment to nearby properties, if granted BECAUSE:(�)-fV%e .good\and anG\ we}\and io V\e rear o� �1+� bv�Wino Crave\ope W -Il bok Prese��ed �r, INS 004orM 's�c�{e © gine ne:gtibor5 (+v �e �S vteL � -tVne Cree.K wt It, ne be. obs'rrvc ed. \fie_ proposed garage iS ,� 1Ceeeir•� ,,o;t�^. t\-te d�esi5n o iHe n�t,vl er.r,eeo �,,es.c�•-�k c�t\s �ro� 1�isn,es �o have o�c�ra9eQFi�tci,�d� 2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than an area variance BECAUSE: (f) rt1 2 p,roRoSzck arae Caunno,� be cznS_\_rvc\e in Co_nP1IiAnC12 F cods because P1aCen-.e�,k -�o �i'tn-� reCr of A�,e. hoJnse weutc ioLJ- .t�,e arae O%,t.\Skd�e -MC bu-A'I ��env�l�pe. O inn 0.\}GLC�c,e0. grrcty 'kS no+ ',n Cepk �q to 14\n `Av\e deS t 9n � I V) ov%e, , CStt Pl 0o 0 of 1.O ie- i ext or, St, rve ) J u \ 3. The amount of relief retue5l:ed is not substantial BECAUSE tc 0--c-2 (fin �vnC�ti�r� ( 1� c�t�2. �a E- a rr w vtmef. %o moo-, c pis r��cuseG� 11Jw�d b�. 1eszrUr:o� or c& Se.s',vc P°�,\v, w, t►, nec��.�'r9 tin rte; k�o rL o Caps �j Q 4. The variance will NOT have an adverse effedt or impact on the fig„ physical. or environmental colkdiLlor►s in the neighborhood or district PECAUSE10 C31s 0. d w-eklandi ww\ 5e ., 1e�t� ur�*DUc1ned. O Tk2. es%�,n of -A1N2 arra e i5 in Ve-ep�n� w %-rl, -�-�e oUs'(Cn o -P }ke 1,ouSe tzn� ne, kr,bork 6. bes k `(Y e P��ps-e \ace r.e, wot)t 6e ire the krNcre Sk p F -I\n� 4(-L is ��S an d D t G.. (Sit rks+us per,>~ 1 e Ncn%l�� i sQ. cfi q., �l01 ice burn 11� 5. llas the alleged difficulty been self-created? (-() Yes. yes and Mo. We w -ere unaware ctr,d no+in�r e�� �( e��� de ►� (X) No. S+ahng a gac-a�e sl,ou�d be pisced -Fo -Itte T4+ ara roAr a}kac4.evt. `� Yr,1Si?tiKe Wr fa;%ed. ko SvbrY+�� id co Wecki&nkerC�alzi S,jr.re� (w• g 5 on because y1r,c b,,;\d: perrnt'k a�14cakiOnuLxied Cor vre�twn SK�`lx �y rh2 S o 6. This is the minimum teat is necessary and adequate, and at the coe-1 / same time preserve and protect ttie character of the neighborhood and It ,k the health, safety and welfare of the community. � ►,cd oAF14 Q ��-40 �o STATE OF NEW YOItK ) COUNTY OF SU1'1'O1.K) (Appl,YcAn't Y r Agent must attach written consent from owner. Sworn to before" me this '30 � day of JNv AA�.C, 19 Publi& CARL P. NEUBERGER NOTARY PUBLIC, STATE OF NEWYORK ******************* NOERMEXPRESAUGx4.O9s4•''� txtik/form.var/temp QUESTIMMAIRE 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 b,e attached_) A4 B. Is the subject premises listed on the real estate market mor sale -or being shown to prospective buyers? { } Yes {} No. (Zf Yes, please attach ropy of "condit-Jnns" of sale.) C. Are there =7 Tm=osals to change = alter land contc• ,? { } Yes V) No D. 1. Are there any areas which contain wetland grasses? � 2. Are the wetland areas shown on the map submitted wi this application? no -12 470�44D- -off 3. Is the property bulkheaded between the wetlands area and the upland building area? --10 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? t�es E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? 11m0 (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fencs which exist and are not shown on the survey map that you are submitting? /t%Ne. If none exist, please state "none." G. Do you have any construction taking place at this time 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? IVO If yes, please explain where or submit copies of deeds. I. Please list presen use or operaticrs onducted at this parcel c�, Ous% . ",5 alalV 9 ��ivrfh �c ��c. and proposed use iA/ Authorized Signature ana Date 3/87, 10/901k § 97-13 WETLANDS . § 97-13 TOWN -- The Town of Southold. TRUSTEES — The Board of Trustees of the Town of Southold. (Added 6-5-84 by L.L. -No. 6-19841 WE 111--UNDS [Amended 8-26-76 by L.L. No. 2-1975; 3-25- 85 by LI,. -lo. &-198ak A. f'1DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, of which border on, tidal waters, or lands lying beneath tidal waters, which at mea_ new tide are covered by tidal waters to a u depth of fivg 5) eet. int u tng but not limited,anks bogs, s_al.t mars_h, swamps, meadows, flats or ocher low lyln�Ta�Zs subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel. marshmallow and law march cordgrass. and/ar (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1, § 2.1-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation La%v of the State Of New Yorlc: and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." - 97n.9 Board Of Southold Town Trustees SOUTHOLD., NEW YORK PERMIT NO. 4.447_ DATE: ... ..912619.6 ......... ISSUED TO .......... D.QNA,LD.... &... LQRNA... TUTHILL....................................... ut4oriza1}ijan 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 .... 9/.25/96..... 19..96..., and in consideration of the sum of $..15.0...0.0....... paid 6y ....DO.NALD....&. L.O.ANA...TUTHILL.................................................................... of.......S.outhold....................................................... 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 to constr. single fam. - dwell. within 55' Xi -100' building envelope as per revised survey dated 10/16/96 Long Creek all in accordance with the detailed 'specifications as presented in the originating application. 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 date. .................... .:,,.;.4....... o......................... ... :.......... ........ 30 la' ....................... ......................... Tnutees i r�' Board Of Southold Town Trustees . SOUTHOLD, NEW YORK PERMIT NO....�%a..�io2,........ DATE:....9/30./93 ISSUED TO .........1?.QN.ALD....... LORNA... TUTHILL................................ Aut4arization Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and aapter 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 Res6lution. of The Board adopted at a meeting held on ....9.1.30.!.9.3..... 19......9.3., and in consideration of the sum .of $.....15.0.,.0.0....... paid by Donald & Lorria M.thill ................................................................................. .................................................................................... of ........Southold......................................................... N. Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: Construct a one -family dwelling with sanitary system subject to a 45' vegetated buffer to be -maintained. all in accordance with the detailed specifications as presented in the originating application. 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 date. ...... ......... .......... ................................ ....... r ...............................................................!!.`�. .......................................................................................... Trustees _< New York State Department of Environmental Conservation Division ,oi Environmental Permits Building)40 - SUNY, Stony Brook, New York 11790-2356 Telephone (516) -444-6365 Facsimile (516),144-0360 Mr. & Mrs. Jeffrey Worthington 45 E. Argonne Road Hampton Bays, NY 11946 Dear Mr. & Mrs. Worthington: July 8, 1997 RE: 1-4738-01647/00001 Worthington Property 1025 Long Creek Drive Southold SCTM #1000-55-03-28 John P. Cahill Commissioner Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that the property landward of the top of the bank greater than 10 ft. elevation as shown on the survey prepared by Joseph A. Ingegno, dated March 22, '1997 is beyond the jurisdiction of Article 25 Tidal Wetlands. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required under the Tidal Wetlands Act. Please be advised', however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. As such, the proposed steps down the bank, catwalk, ramp and float will require a Tidal Wetlands permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within ,- .Tidal Wetlands jurisdiction which may result from your project. Such precautions may ainclude `maintaining adequate work area between the tide! wetland '!.!rlSdict' tonal boundary and :.,your. project (i.e: a 15' to -20' wide construction area) or erecting a temporary fence, barrier, or hay'bale.berm. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Very truly yours, 01 Oale Permit Administrator MMR cc: BMHP File I FORM NO.$ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT -MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) c 9 C - I 19 Date ..................................................... Permission is hereby granted to: .. ....... ............. .... �'_ . ......... z< ......... ............ ........ ....... ........... ............. ........ ...... to ........ ......... ..... ....... -!f .................... .. ...... . ............ t'.1.... ..................... ................................... ................................................................................ .......................................................... ........... at premises located at ....... r :r ............... . .......... ............. .......... County Tax Map No. 1000 Section ... ............ Block ..... ......... Lot No. .....Z>zv ........... pursuant to application dated .......... .... . 1-4 U." . k ........ ................. 19,:..i:., and aDDroved by the Building Inspector. Fee e ........... Rev. 6/30/80 I eif 1/ ............... Building I tor i ,•I � ` _ x.21,`_ :.t '1 _ _ :1 . . El LPILCI Ft 4 ISSUE&TO A 'µ •:ADDRESS Ir ?urbifl �JCtr7aa . Z 'C',c)ceC r, This •notice must be displayed r { : an[urned to Buil D dsret d i nept, N? - t, " _ .,f Fri+"'fti�.' •. • 24343 DATE9111 L� during construction � - toet a ce•rtifi g cats- ;: �3�.; : .•:,ofoccu panc upon completion t i o n of work. =;x ING INSPECTOR S OFFICE TOWN OF SOUTHOLDSOUTHO I,D' N.Y. "".'>,` fir; �3�E�;"�'. ��.ti. �, • . _ 2 `�. o.::i="y,''f 'o'. 'i'si��'ta,�,.a^'�`t:i'' •���. .i _ ;i-.''v'0a�'tij33''' ;,y,�.�§ _ t3r_^�:.•:an+l'.i�"`t':�t�-°j i:>":tt,-.F'i- ., .. �° � , -t f _ �.,i'{�i"s'ii%ir.�4. - .. ... _._ rl?.. .. . .. _ r. �. '• •; �ti `' r"�-✓�iA.F YE NECOTT PARK Covenants and Restrictions Owned Ey Donald E. & Lorna E. Tuthill Southold, New York 1. All of the premises hereinabove described shall be known and designat- ed as residential plots. 2. No structure shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed two stories in height. No dwelling shall be erected, placed or permitted to re- main on any lot unless it has an enclosed garage, attached or unattach- ed, for not less than one (1) car, and all such garages and accessory build- ings must conform in architectural ex- terior design with the dwelling. 3. No dwelling, having a ground floor area of the main floor structure of less than one thousand two hund- red (1,200 sq. ft.) square feet, exclusive of one-story open porches and garage, shall be erected, placed or permitted to remain on any lot. 4. No dwelling shall be erected or placed within fifty (50) feet of any front lot line, except that the front lot line setback requirement shall be forty-five (45) feet as to Lot No. 58, forty (40) feet as to Lot No. 59, and thirty-five (35) feet as to Lot No. 60; nor within thirty-five feet of any side street line; nor within twenty (20) feet of any side lot line, except that the side lot line requirement for Lot No. 13 and Lot 14 shall be such as to conform with the then effective zoning ordinance of the Town of Southold. 5. No trade or business of any kind shall be advertised from or transact- ed on the premises, except that this covenant shall not prevent a lawyer, accountant, physician, dentist, podiat- rist, chiropractor, chiropodist, opto- metrist or any other member of the medical, dental, accounting, legal or allied occupation or profession from carrying on his occupation or pro- fession on said premises provided such person also resides on said premises. 6. No signs of any kind shall be displayed to public view on any lot, except that one sign of not more than one (1) foot square, upon which shall be inscribed the name, and occupa- tion or profession of the occupant of the premises, and signs used by the builder to advertise his property dur- ing the construction and sales period, .shall be permitted. 7. No animals, livestock or poultry of any kind shall be raised, bred or maintained on any lot, except for dogs, cats, or other household pets, pro- vided they are not raised, bred, or maintained for any commercial pur- pose. 8. No lot shall be used or maintain- ed as a dumping ground for rubbish, trash, or garbage. All rubbish, trash or garbage shall be kept in closed sanitary containers, which containers shall be kept out of the public view and in the rear of the premises. 9. No building, wall, pier or any other structure shall be erected, alter- ed, or moved onto any lot, nor shall any preliminary grading to any portion of any lot be done, without the prior written approval of the Declarant, his heirs, and assigns. No mobile homes will be approved. 10. No fence, wall or hedge of over four (4) feet in height shall be per- mitted within ten (10) feet of a side line nor within fifty (50) feet of any street line or water front. 11. No clothesline, or other such clothes drying implements, shall be maintained other than in the rear yard area of the premises. 12. No more than fifty (50) per- cent of the existing trees on a lot may be removed without the prior written approval of the Declarant, his heirs and assigns. 13. No major external construction on any structure on the premises shall be permuted on Sundays. 14. Lots Nos. 8, 22 and 29 shall be subject to the twenty (20) foot drain- age easement as shown on Map of Yennecott Park. 15. The entire Lot No. 28 shall be subject to a drainage easement. 16. All lots shall be subject to an annual charge in such an amount as will be fixed by the Declarant, his heirs and assigns, not however exceed- ing in any year the sum of $10.00 per lot, for the purpose of maintaining, and improving the park, signs, and entrances to the subdivision from Soisseau Avenue and Laurel Avenue. The assigns of the Declarant may in- clude a property owners' association that may hereafter be organized for the purpose referred to in this para- graph, and in case such association is organized, the sums provided for in this paragraph shall be payable to such association. Such charges shall be pay- able by the owners of each lot, their heirs, and assigns, on the First day of May in each and every year, and the lot owner by the acceptance of the deed to any such lot shall vest in the Declarant, his heirs and assigns, the right and power to bring all actions against the owner of any such lot for the collection of such charges. The pro - trances. visions of this paragraph shall impose no obligation on the Declarant, his heirs and assigns, other than to apply any moneys so collected to the main- tenance of said park, signs and en - 17. DecIarant, for himself, his heirs and assigns, agrees that, upon form- ation of an association of owners of a majority of the lots, title to the park, signs, and improvements at the en- trances shall be conveyed to said association, on condition that the association maintains the park, signs and improvements at the entrances. 18. If any lot owner, his heirs or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other per- son or persons owning any real pro- perty situated in said subdivision, to prosecute any proceedings at law, or in equity against the persons violat- ing or attempting to violate any such covenant to prevent him or them from so doing, or to recover damages or other relief for such violation. 19. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. 20. These covenants are to run with the land, shall be binding upon all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenar_ts are recorded, after which time said covenants shall be automatically ex- tended for successive periods of ten (10) years, unless an instrument is recorded in the Suffolk County Cleric's Office signed by the then owners of a• majority of the lots designated on the said map, agreeing to change said, covenants in whole or in part. APPLICANT TRANSACTI:ONAL. DISCL.OSURR DORM .The Town of Southold's Code of Ethics prohibits conflicts o interest on the part of town officers and employees. The purpose of'this form is to provide information wh oil can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAMH: (Last namd, firs • name, r dd.le initial, unless you are applying in the name or someone else or other entity, sucli as a company. „ .if so, indicate the other. person's or cornparny's name. ) NATURE OF APPLICATION_ (Check all that apply. ) Tax grievance Variance X Change of zone Approval of plat Exemption from plat or o[Cicin.l mnp Other (If "Other," name the activity.) — Do you personally (or through your company.. spouse, nib -1111q, parent, or child) have a relationship '+illi 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 even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than %.. of the shares YES NO X If you answered "YES, ". complete the balance of this form and date and sign where indicated. Name of person employed by the 'Town or Southold Title or position or that person Describe the relationship between yourself (the applicant) and the town o£fice.r or emp.l.oyea. Either cliecic the appropriate line A) through D) and/or. deecribe in the �rpar_e provided. The town officer or employee or lils or her spouse, sibtinq, parent, or child is (check all that; apply): A) the owner of greater than 5% or the shares of the corporate -stock or the applicant (when the applicant• is a corporation); B) the legal or beneficial owner or any interest in a noncorporate entity (when ,the applicant is not a corporation),; C) an officer, director_, partner, or empl.oyee'of the applicant? or D) the actual applicant. DESCRIPTION O.F. RELATiON,111P Submitted this day of 1 9_ Signature � / I'r 1. r1 I: name �efT!'Z �• 1 U�'r �j 00 jar Im I LOT x / C) I x �� / o I / O x � sEr LATH o0 o _ I CONC. pJw+Rs O 5ET LATH o BUILDING ELOPE AS PER z= BOARD OF SO' n�rn o T� / c m PERMIT No. 4653 DATED 9/26/96 20' 18.0' f / m o / 6.4' m Cr y r 2.0' a I / m o r 6.4' x v o / v' >� O I 20 C) z2.o• _ 150 FOUNDATION — — / �� m / m� v 6.0 82.555' K3 x 6.0 --y-- C - I �`trnw O O /12.0' 1 —1 ❑ 12.0' w u / C' CD Z ❑ _� / j �a o 15.0' , ❑ � �— SET LAM 2i-' 2.0' ^1 sEr LATH a CONC.I 3' � A,r m .♦ d '� � I � alh. � I i \1 � O N I O L�� F00,5 Ov a I PaOI- CON MPJ BOX 185.00' FIC 1111 ' CONI. MON. ' - T.C�1.: :� n •dr "1 ♦ ♦ i .•� � .d; cATCH BION , a� S 83-4 ' 0o.4 EN OF PAVEMEMT :d :.,,, x IBJ 2$0� L"m �a JPA 1314 i r. y ! � 1 � � • � ! i�k��=�:ti�;i � :J � . r`� w .� a� '�'{' rt���'� ��t�►:. .�mayy,,►. �. s . s /'�..,�+ a �.:;r ,�fi C y �, s •� rn _'� � .:. ,a t�rw�e , A�^@�,,,1 2' • ,} .,f �•' 17i$T SY { t _ - / }.l 1 r_r_T' a too 10�5- O�n�� On Tum yrociE -�-O \P -(-t' dW2\��nC1 (Cts on upGl��e� Survey) . a y_ r "�►C y a Ar froitc E S i d 6y tn� S+aKc� C4j ii Al I (,(.Jor-Il , j4-tn ICi qS Lonq Cre-e k-, Dr-. 1 YENNECOTT PARK Covenants and Restrictions Owned By Donald E. & Lorna E. Tuthill 1. All of the premises hereinabove described shall be known and designat- ed as residential plots. 2. No structure shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed two stories in height. No dwelling shall be erected, placed or permitted to re- main on any lot unless it has an enclosed garage,'fittached or unattach-' W for not less than one (1) car, and all such garages and accessory build- ings must conform in architectural ex- terior design with the dwelling. 3. No dwelling, having a ground floor area of the main floor structure of less than one thousand two hund- red (1,200 sq. ft.) square feet, exclusive of one-story open porches and garage, shall be erected, placed or permitted to remain on any lot. 4. No dwelling shall be erected or placed within fifty (50) feet of any front lot line, except that the front lot line setback requirement shall be forty-five (45) feet as to Lot No. 58, forty (40) feet as to Lot No. 59, and thirty-five (35) feet as to Lot No. 60; nor within thirty-five feet of any side street line; nor within twenty (20) feet of any side lot line, except that the side lot line requirement for Lot No. 13 and Lot 14 shall be such as to conform with the then effective zoning ordinance of the Town of Southold. 5. No trade or business of any kind shall be advertised from or transact- ed on the premises, except that this covenant shall not prevent a lawyer, accountant, physician, dentist, podiat- rist, chiropractor, chiropodist, opto- metrist or any other member of the medical, dental, accounting, legal or allied occupation or profession from carrying on his occupation or pro- fession on said premises provided such person also resides on said premises. 6. No signs of any kind shall be displayed to public view on any lot, except that one sign of not more than one (1) foot square, upon which shall be inscribed the name, and occupa- tion or profession of the occupant of the premises, and signs used by the builder to advertise his property dur- ing the construction and sales period, shall be permitted. Southold, New York 7. No animals, livestock or poultry of any kind shall be raised, bred or maintained on any lot, except for dogs, cats, or other household pets, pro- vided they are not raised, bred, or maintained for any commercial pur- pose. 8. No lot shall be used or maintain- ed as a dumping ground for rubbish, trash, or garbage. All rubbish, trash or garbage shall be kept in closed sanitary containers, which containers shall be kept out of the public view and in the rear of the premises. 9. No building, wall, pier or any other structure shall be erected, alter- ed, or moved onto any lot, nor shall any preliminary grading to any portion of any lot be done, without the prior written approval of the Declarant, his heirs, and assigns. No mobile homes will be approved. 10. No fence, wall or hedge of over four (4) feet in height shall be per- mitted within ten (10) feet of a side line nor within fifty (50) feet of any street line or water front. 11. No clothesline, or other such clothes drying implements, shall be maintained other than in the rear yard area of the premises. 12. No more than fifty (50) per- cent of the existing trees on a lot may be removed without the prior written anproval of the Declarant, his heirs and assigns. 13. No major external construction on any structure on the premises shall be permitted on Sundays. 14. Lots Nos. 8, 22 and 29 shall be subject to the twenty (20) foot drain- age easement as shown on Map of YennPcott Park. 15. The entire Lot No. 28 shall be subject to a drainage easement. 16. All lots shall be subject to an annual charge in such an amount as will be fixed by the Declarant, his heirs and assigns, not however exceed- ing in anv year the sum of $10.00 per lot, for the purpose of maintaining, and improving the park, signs, and entrances to the subdivision from Boisseau Avenue and Laurel Avenue. The assigns of the Declarant may in- clude a property owners' association that may hereafter be organized for the purpose referred to in this para- graph, and in case such association is organized, the sums provided for in this paragraph shall be payable to such association. Such charges shall be pay- able by the owners of each lot, their heirs, and assigns, on the First day of May in each and every year, and the lot owner by the acceptance of the deed to any such lot shall vest in the Declarant, his heirs and assigns, the right and power to bring all actions against the owner of any such lot for the collection of such charges. The pro - trances. visions of this paragraph shall impose no obligation on the Declarant, his heirs and assigns, other than to apply any moneys so collected to the main- tenance of said park, signs and en - 17. Declarant, for himself, his heirs and assigns, agrees that, upon form- ation of an association of owners of a majority of the lots, title to the park, signs, and improvements at the en- trances shall be conveyed to said association, on condition that the association maintains the park, signs and improvements at the entrances. 18. If any lot owner, his heirs or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other per- son or persons owning any real pro- perty situated in said subdivision, to prosecute any proceedings at law, or In equity against the persons violat- ing or attempting to violate any such covenant to prevent him or them from so doing, or to recover damages or other relief for such violation. 19. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. 20. These covenants are to run with the land, shall be binding upon all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically ex- tended for successive periods of ten (10) years, unless an instrument is recorded in the Suffolk County Clerk's Office signed by the then owners of a majority of the lots designated on the said map, agreeing to change said covenants in whole or in part. LONG 19 CONC.MVn. �� - - .. • d S �, A i O O e. ' PAVEMEt1T `+ ' .d•'• J q d R � LONG (PUBLIC WATER IN STREET) Y X / OVERHEAD WIRES DWELLINW TER) (USES PUBLIC Y Z SOUND �X ICON MON. fat 6 . ` 1 8_5 • 0 0 GONC CUR • a �IAAIL BOX • -T C. ;• n -tea � ' CASGN gp51N • d P X DR I -v E UTILITY POLE UL 8 DWELLING (USES PUBLIC WATER) NOTES: 1. TEST HOLE DATA REFERENCED FROM TEST HOLE No. 2 AS SHOWN ON FILED MAP. 2. EXISTING ELEVATIONS SHOWN THUS:50.0 ARE REFERENCED TO N.G.V.D. 1929 DATUM. 3. MINIMUM SEPTIC TANK CAPACITIES FOR A 1 TO 4 BEDROOM HOUSE IS 1,000 GALLONS. 1 TANK; 8' LONG, 4'-3" WIDE, 6'-7" DEEP 4. MINIMUM LEACHING SYSTEM FOR A 1 TO 4 BEDROOM HOUSE IS 300 sq ft SIDEWALL AREA. 2 POOLS; 6' DEEP, 8' dia. PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE LIALS'AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION. X c-' SURVEY OF LOT 12 MAP OF YENNECOTT PARK FILE No. 5187 FILED OCTOBER 9, 1968 SITUATED AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-55-03-28 SCALE 1"=20' MARCH 22, 1997 NOVEMBER 6, 1997 FOUNDATION LOCATION AREA = 32,446.41 sq. ft. (TO TIE LINE) 0.745 ac. TEST HOLE DATA (TEST HOLE AS SHOWN AS TEST HOLE No. 2 ON FILED MAP) o' OP SOIL 0.5' CER TIFIED TO: FIDELITY NATIONAL TITLE INSURANCE COMPANY STG ASSOCIATES, Inc. JEFFREY WORTHINGTON HEATHER HILL WORTHINGTON N.Y.S. Lic. No. 49668 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. CERTIFICATIONS INDICATED HEREON SHALL RUN n,, , •,rf (��l t l ONLY TO THE PERSON FOR WHOM THE SURVEY (X1 uy� r n IS PREPARED, AND ON HIS BEHALF TO THE C� 1 1 1/lY TITLE COMPANY, GOVERNMENTAL AGENCY AND yr ?J j LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. Joseph A. In1' a i • 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