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Home My WebLink About4448 75 ~X/S (//v G ~GL~/YE/s/~ - LHNTEJ AZ-r EL/EF Z 7~~ r APPEALS BOARD MEMBERS ~o~~SUFFO(~ coG Southold Town Hall Gerard P. Goehringer, Chairman _ y` 53095 Main Road Serge Doyen .°n x P.O. Box 1179 James Dinizio, Jr. p Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF FEB. 25, 1997 Appl. No. 4448 - MARIA ANDRIOPOULOS PARCEL 1000-107-7-9 STREET ADDRESS: 1605 Westview Drive, Mattituck, NY DATE OF PUBLIC HEARING: February 6, 1997 FINDINGS (PROPERTY FACTS): DESCRIPTION: Property is located in an R-40 Residential District. The lot is situated on the west side of Westview Drive with 75 ft. frontage on Mattituck Creek. It contains a total lot area of 11,761 sq. ft. and is improved with a one-story frame dwelling (ref. survey dated Feb. 3, 1997). BASIS OF APPEAL: Building Inspector's November 21, 1996 Notice of Disapproval, which reads as follows: under Article XXIII, Section 100-239.4, "proposed construction is within 75 feet of an existing bulkhead, concrete wall, riprap or similar structure adjacent to a tidal water body." RELIEF REQUESTED BY APPLICANT: To construct deck addition to a single-family dwelling as shown on map sketched in red ink by applicant, with a setback confirmed on 2/13/97 to be 52 feet (previously sketch indicated proposal at 48 feet on a rough sketch) to the "wood bulkhead along mean high water." REASONS FOR BOARD ACTION, DESCRIBED BELOW: Grant of relief as requested will produce an undesirable change in the general setbacks established in the neighborhood. Grant of alternative relief will not produce undesirable change or adverse effect in the general character of neighborhood which would be similarly in line with others in the neighborhood of similar-sized lots. Benefit cannot be achieved without a variance because of nonconforming lot size, as well as width and depth. The location as requested is not the minimum. Relief requested is substantial, when weighed against the limited size of the property. Off-street parking will be provided for vehicles by applicant. RESOLUTION /ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to DENY the relief requested by applicant between 48 and 52 feet, and to GRANT ALTERNATIVE RELIEF as described and conditioned below: Page 2 - Appl. #4448 Decision Rendered 2/25/97 Re: Maria Andriopoulos 1. Conditional alternative relief for proposed open deck construction shall be with the following ( minimud) setbacks: a) not closer than 13 feet to the northerly side yard; b) not closer than 55 ft. to most outward bulkhead (along mean high water mark); c) side yard at the northerly side must remain open (not be closed or obstructed). 2. No outside storage of construction supplies or materials for more than 14 days at any time in the front yard. 3. No steps shall protrude into the side yard area. AYES: Members Goehringer, Dinizio, Villa and Tortora (4-0). Member Doyen of Fishers Island was absent. Approved for Filing ) I GERARD P. GOEHRING R, CHAIRMAN Actions. ZB/1077-9 -T 3A.1f7 3:30 Z - APPEALS BOARD MEMBERS * ~gU40 00 ~Q~ G Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen x aa P.O. Box 1179 James Dinizio, Jr. O C Southold, New York 11971 Robert A. Villa yh 0~,, Fax (516) 765-1823 Lydia A. Tortora O! # ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, FEBRUARY 6, 1997, as noted below: 6:45 p.m. North Shore Yacht Sales, Appl. #4458 - MICHAEL HUGHES This is a request for a special exception under Article X, Section 100-101, 11500 B12 for new and used boat sales at/Main Road, Mattituck, NY; Parcel #1000-122-3-6. Zone district: B Business. (Site owner: Harvey Bagshaw) 6:50 p.m. Appl. No. 4454 - SALVATORE and IRENE ARIOSTO. Based upon the 10/09/96 Action of Disapproval by the Building Inspector under Article III, Section 100-33, applicant is requesting to locate a storage building (as built) in the front yard area. Location of Property: 110 Selah Lane, Mattituck, NY; Parcel #1000-106-09-4.8. 6:55 p.m. Appl. No. 4457 -JAMES and DIANA MINOQUE. Based upon the 01/03/97 Action of Disapproval by the Building Inspector under Article IIIA, Section 100-30A.3, applicant is requesting to construct an addition to dwelling which will exceed the required 20% lot coverage at this premises. Location of Property: 5650 New Suffolk Ave, Mattituck, NY; Parcel #1000-115-10-6. 7:00 p.m. Appl. No. - LOIS T. ANDERSON. Based upon the 12/16/96 Action of Disapproval by the Building Inspector under Article XXIII, Section Page 2 - Legal Notice Regular Meeting - February 6, 1997 Southold Town Board of Appeals 100-239.4B, applicant is requesting to construct a deck addition to dwelling which will be less than the required 75' from the existing bulkhead. Location of Property: 2515 Calves Neck Road, Southold, NY; Parcel 41000-70-4-45.5. 7:05 p.m. Appl. #4456 - FRANK and PATRICIA REILLY. Based upon the 01/06/97 Action of Disapproval by the Building Inspector under Article IIIA, Section 100-30A.3, applicant is requesting to construct an addition to dwelling which will exceed the required 35' front yard for this residential premises. Location of Property: 25 Eat Side Ave., Mattituck, NY; Parcel 41000-99-3-18. 7:15 p.m. Carryover Hearing: Appl. No. 4410 - GARY SACKS and ALAN SCHLESINGER. Based upon the July 16, 1996 Notice of Disapproval from the Building Inspector, applicants request a Variance under Article XXIII, Section 100-239.4B for a proposed deck addition within 75 feet of bulkhead, at 125 Mesrobian Drive, Laurel, NY; Parcel #1000-145-4-7. 7:25 p.m. Appl. No. 4448 - MARIA ANDRIOPOULOS. Based upon the 11/21/96 Action of Disapproval by the Building Inspector under Article XXIII, Section 100-239.4B, applicant is requesting a variance for the location of a portion of a proposed deck addition within 75 feet of an existing bulkhead at 1305 Westview Drive, Mattituck; County Parcel #1000-107-7-9. 7:30 p.m. Appl. No. 4452 - CHRISTINA RIVERA. Based upon the 1/14/97, Action of Disapproval by the Building Inspector under Article IIIA, Section 100-30A.3, applicant is requesting a variance for permission to locate a portion of a proposed addition to dwelling for which a portion will Page 3 - Legal Notice Regular Meeting - February 6, 1997 Southold Town Board of Appeals be located at less than the required 40 ft. front yard setback from Inlet Drive, and a small portion of steps less than the required 40 ft. front yard from Sound Beach Drive. Property Location: 250 Sound Beach Drive and Inlet Drive, Mattituck, NY; County Parcel #1000-99-1-16. Zone: R-40 Residential. This parcel consists of approximately 40,000 sf. in total area. 7:35 p.m. Appl. No. 4451 - MARIAN JEAN PRAUS. Based upon the 12/06/96 Action of Disapproval by the Building Inspector under Article XXIII, Section 100-239.4B, applicant is requesting a variance for approval of steps and deck construction, as built, near existing bulkhead at 2175 Nassau Point Road, Cutchogue, NY; County Parcel #1000-104-13-12. 7:40 p.m. Appl. No. 4453 - EDWARD AND EVELYN HALPERT. Based upon the 11/18/96 Action of Disapproval by the Building Inspector, applicants are requesting a Variance under Article XXIV, Section 100-241-A&C, and Section 100-243A, for the proposed alteration and second floor addition (expansion) of a nonconforming building which has contained a nonconforming (preexisting) living unit, separate and accessory to the main dwelling, at 2125 Town Harbor Lane, Southold, NY; County Parcel #1000-66-1-31. Zone: R-40 Residential. Property size: 1.45+/- acres. County Parcel No. 1000- 66-1-31. Zone: M-31. 8:00 p.m. Appl. No. 4455 - JOHN and CATHLEEN HARRISON. This is request for a waiver under Section 100-26, based upon the 11/14/96 Action of Disapproval by the Building Inspector. The Building Inspector has determined a merger under Article II, Section 100-24A because they have been held in common ownership at sometime after July 1, 1983. Page 4 - Legal Notice Regular Meeting - February 6, 1997 Southold Town Board of Appeals Property Location: 1225 & 1227 Pine Neck Road, Southold, NY. Parcel #1000-70-5-36&37. Zone: R-40. Size of lot when created less than 20,000 sf. 8:15 p.m. Appl. No. 4401 - DAVID DEFRIEST, as Tenant. Carryover hearing, continued from 11/14/96, and from 12/12 per applicant's request. Use variance is requested for a car rental business concerning property located at 73625 Main Road, Greenport, NY; County Parcel No. 1000-45-3-2. Zone District: LB Limited Business for entire parcel. 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. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearings will not start before the times designated, and some may be carryover hearings. The files may be reviewed during regular business hours for updates or new information. If you have questions, please do not hesitate to call 765-1809. Dated: January 21, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman x r \I I / J~ w~ / ~ r r,nnn nin ~t • is alu 1;1 ~ro}vN ~Ir svl lrnc}t_q ~o~nck.-~ ~'~ec~~ nun~InNC I>r.rna~rnlr.Nr .POwN CLERK'S (I rl-lcr ~/Nud ctm c rnoL.u, N_v. P N`-uC d' ~ c~ ~ ~ ~ No rl(:r yr 1)ISAPIT0VA1, TO 1'Ll;AS['lAKI iJplICI'.Ihal},joal,l,lic:Ili~ndalcrl >„Iq~~ I,o,;n(in i of Prol,crl WiL Jin,", Nn. ~J S,renr Nnr nlpr Connly laA NInp Ho_ IIIC:I Scc(ion 11lock ~ Lol ~nl,aivision filed Mal, Ho. Lo( N//0++. ..,L.. p.......... . is iclurncd I,a c,vilh and di,aal,Innv'-d un Ih:, (ollo,viny, I?onn~ls .~!11Z6 'G.Sti (~'rc~ _ b` L?.l~,.... Ilu i_lding Incpec r- u P.~~ 1 /nn • 1 1(11 (IP IlPdtl.l ll . . FORM No. I ~sTS OF PLANS 'f(&!N OF SOU11101,11 SURVEY BUILDING DEPARTMENT CHECK '1'014N HALT. SEPTIC FORM SOII'I'HOLD, N-Y. 11971 TEL: 769 --IR02 NOTIFY: CALL I?wruiuvl 19.... MAIL TO:................ Ui .:IIgIr(vcd a/c r (Ikli lding Inslx•clor) Y APPLICATION FOR BUILDING PF.RM11' r 7.. INSTRUCTIONS a, Ads and ical. ion nur•.(. IV c(ngd cl ely filled !"by lylxmn it er or in inlc a(d sl devil lrnl 1.0 the Bt ti ldinl; In..^.IN~rlrn wit I set of Plan:, a('vurale Plot plan Lw scale. Pee accordiog to s('hedole. b. PloL plan slxtwing IccaLiut of lot. nod of buildings On prumises, relationship to adjoinin77 Inuunisea or Public s(reels ur nrea. :nxl giving a detailed descripl iou of Layout of prollel ly Iris( IV drmun on the di;q;rns which is pall of This app[I(ill . ion. c. 'ILe bole covered by This n11.1 ical ion Pity ua IV crnmerxrd belote is!: "MW of Hoildi ig Pormil . d. llleAl alglrrNal of Olin a1 diral.i(m, the Brilding InsIwoor will insoe a Iklilding Permit to the applicant. Such Peollil shall be kept: (A) (IV prelises available for 11.1rcliul 11"ou; hull the 'Aril. o. NI boildilig shall he u-copied or Als"I in 'holy of in pint. for any 1Anlxlse wltalever Inl if a (oil ilicato nl O('(-upuNy shall have IXxn grant.e(l by ON, Building Insleclor. APPLICAl ION IS IOiIUSIIY MAIL? Lo LIIe Building IleµrrlinPra Joe the issuarxue of a WWII% PeoniL 1xuruaut lu the Niildiup 7(ne Onlilaave of the T(xml of Flxahold, 'Alflolk Conol y, Nmu York, and other applicable Li us, lhdinaurs or Rrypllat. i(x IS, for [IV r(AWLnx•(ion of Ixtildiogs, axklil icos or alletal: ions, or for rcwwai or twinla w, as heleiu (loser illed. 'file appl icaul agrees to ooydy will] all app!irnhle InKS, OldioMSIe9, IArildinf; Code, hrAL•ting ('(XlP, :IINI IggdM 11 W, HINT to a(Ynit Mi Lborized insIleclors na premises nut in building, for necessary 11mlxrclinan. (S ignal ~re of n~gdicat1) IF na"', if a corlxnal ion) N' (Mailing oxklless of and icala ) Slale w11olher alplicala i^ ( ter, IPasee, nP,Prll., ar It it PC l, PI AICer, gel le r -al soul 1nCI Ir, elect r is1 no, plod WI nr IAl i IdeI M........ war of (miler of prr,nises ....L (a. (x) ll]e lax roll Or- LaWrl: deed) If and icon( is a corluraticm, Sign Use of duly nuilxrrizcvl officer. (Nnm and lit le of corPorale officer) Brilders, Lireura• NO . I'Indx,tn Lic'voslo N, I. 111470 iCiann I&VIIsc No . Wier I'r :xk''s License No . 1. locia iul of land (At which prnllond mak wi l l Ise done ~cr, .........C. ss~.Ieu...... ]lr..~ _ .......................01Iswt,.iy4h......................... Iknwe Nailer St reel: ltedlet CXIIIIy lax fkgl No. 1000 Seel: ion ...L it 7......... Block ..7............ lot qq , !AJxlivisioo Fi lrvl NIP 1i). lo( (Name) 2. Stale exisfiog use and cVuujXgocy Of premiser a( XI inteuk,I Use a1Nl Ixx:UPAOCy of prolx/Sed cons)to(A ion: a. P.xist. iog one and occulNnlxy o~J i&A b. hovIXICl use and ocagNnxry Y t?:4.?; • ~ znWS Yt.a <1 " 1. NIlur: of Iwak (check WAf itch u1ltl lruhle): IAnc 14filding Nklilion .Y..t-[.-.?~.. )Alltn-ill iun ILywlir 14arcrvol lhmrldl. Ion Other Milk ("h acr ipL ion) 11. Eat. iawa ed ('"HI lick wD u..... fee (lo IN: paid IT fd l lull Ihia appl Icaliar) 'i. If :ha:lliryl, fruiter of Afelling tiuils Iluher of th,elling India Oil each floor II' gnr age, molter of CalH li. If Ixla l Items, Cra:rrcdal or mixed tx:t-.ol)aaCy, slrcll`y major! tnxl extent, of reap I. ylte of title........................ Oiaonaimfa of UQUIing slrtltiren, if any: I/rm:l..... TZ,..MA- IWIr ....Z 2 r 4.1lteplh f-....tom F ll:il)a ic., t t: Q........ Ikoix:r of mil of Ian ! Ilinrvttilons of eta Stiocttire Willi alletarionS or mldilions: Frallt . (tear Iiopl l : Ike i1ja CIA= of tut-lea 7 1:7 ll. Di'monsinfs of enl Ile new cotslnt:t ion: Fraa ....1.4 itaitr Iri.... Depth .....,z.l. lwijj" fwo......... tlolwr of Slnrlea I 7. Size of lot: Flaa ILasr Dept It 111. 14ai: of 111rlhase A .&Y 9.-------- War of haunt 0140CK .......~~.1 `.tJ pLq I I. Icne ar nail dial s der. in dilch pnmlises are eilualed 11. linen ptalionIsl const nt:l. hot vinlnle any zntinll low, otdiosx:e or regidut ion: II. Will lot Ir IeHladed NQ~0 wi II excess fill IM IUUMMl flit Immilsew YES Ili. Il.oea of (inter nl` pr mni aa:tl >.14Y ~rrr....~.n.1 J'.p.PO.`JZ NhIrela .y3'.V 9l,fLr.w4kL~. LN,%e- 11 tote fl,,6.50 ~,y yr Fl z Ili Ilase ill; Al(hilec.t Nkltens 111nr Idf. IL.IL' of Otallactor Nil, pas 111nn: Ikf. h. Is Ihia pnflierly within NX) feel of it I idal wCtlmdY * YES N) A w YEfi, fi(AIIIAI I) '11Ad1 'IIDISII'li:i 11i1S11'I' IVY 14i Wlr h1.01' OIAOIt All l ax:ale clearly and distinctly all Ixfi)dings, wlteiher exisling ur piolused, and Inllenle all se C--back diarnsions I'nu1 prnltelly lines. Give street and black nnlfer or description according Indeed, and shall street nomes and inllrafe IAlclhcr interior or co net- Ill(. Slhll'. IN- IAV Yi NiK, SS .....1..1c!-.Cif-....~.Alr_%v.1(10.t,l,OS tieing dilly vwxnn, delxlse, and fifty!; (hal. he is the applicnnl Olaw of inlivldoal migning ton S-act.) IIc it; Ihma .......4.... ((Lultaclor, agent', o.orlxma a officer, (Ac.) III ::rid from or OWOUIS, and is duly nulhor ized to Inform or have Iwi loped the maid Wink laid to make I"! I Ile Ihia aygfl deal in"; Ilwl. Ill slalerenls ClMnailx:d in this MIT! Wal:iun are Lnfo In life lx:lit of his Itirfwledge and It?I ief; and Ihnt the Willi. will lie lierfootrd in the acuat'r sill: lolill in the appl ical. iun filed klwleiilll. :kwon t//o// IN:Itgr: nr Ihia ~ - V ay uF J~v.~.'~!~lr~!~'/ F ug. 000 / tin aty I'ffbl is / ~lj I; ra lrflc r~, f-IORPiF (Siguaa ore of ANd hoof) ~7 yY,Yr10 ~ rI~ 2j/96 RECEIVED N O V 2 2 1996 Southold Town Clerk TO\Ytl UP SDllllf Ol_D, t1EW YORK VI'Ph;~l. rRU;~.t IN_i-lSlul-1 OF U1111.UIrR, IIISI'EC101i APPEAL HO. DAZ E I i r I I IE Zo l lit Ir, Ifr )i`IJHIH~~tf) OF APH:[ S, IO\Yl I ()I: SOU I 1101 D, 11. Y. I, 1\Vu) 1~...kiY'r.~......1.Irs.~JF.~O. .D.J.?.~~..._....__of ........~.~._...~.Q........S..l~b:!r.`.'}~`~.... ~'An.'C... Ilan u: u( Appel uu Slicct mid rlrunber \ V u\.. 1.`.-1 --._...1 IERE[3'f APPEAL TO unicip0111y Slum IIIf ZOIlitIli MAW) OF API'b',[_S FRUh1 IIIL MCIS10rl OF lIIF 13011 DIHG IPISPECIOR Or] APPI ICAY IUI I risk PI:I MII- r10. DATED _ WII IMBY 111E IMI(DIIIG IIFISI'LCI(M IMIIED 101 YN irS..o..?c:Jl. FluiOe of Applicunt ur permit ul V t1a~,~~ ...1.~~ F.I - Slreel and I Imolier Municipality Slate (A) H PM1 I 10 I ISE ( ) PERMI I I OR O(CLIPAI-K-1Y 11n//11 - I IOCAI I()IJ uF IIIF PROPEItI r 1(c o5 w t.Y..~2 d r..Xv~... .........5 lr* Is.v.cK Street /IlamluL Use District or,~ Zoning fvlup pi5lricL IUUU Set.Cion\o7Rlnck 71_oL CurrenC (h Met _~rsw Ch~_ l S_ __......-°--°-1-- Iv1a r Nu. I Of Fto. I r i o r Otl ne r 2. PROVISI0I1 (S) OF THE ZOhIIFIG ORDIhIArICE APPEALED (Indicole the Article Section, Sub- sect1011 and I'a11r911rplr of the Zoning 0111111OHLe by nwnber. Da 1101 yuole the O(clinamce.) Ai L i c 1 e .X1L~-1~-__sec L i on ~Q_D_ _2319 AcbZ_--------------- - 3. IYPI-* 01: APPL-AI.. Appeal is mode hcrewilh (or (IIILiISC ChBck 1I)jW0ln-IaLL box) A VARIAI WL to the Zoning Ordinunce or Zoning Mop ( ) A VAklALICE clue to luck of uccass (Slate of New York Towrt LOW Chop. 62 Cons. Lows At[. 16 Sec. 200A Subseclion 3 d. PREVIOUS APPEAL A previous oppeul (hoe) has not Leon made with respect to this decision of tile, Iluilcling Inspeclof of with leslred to Ibis prnperly. Such eppeul vnu ( ) ree)uesl for special hermit l 1 request for a variance and was nunle In Appeal Flo. Doled REAS0IIFOR APPEAL A Vllllamce to Section 280A Subsection 3 -(~X"`) A V,owo(e to the Zoning Ordirancc l ) is requested for the ieoson (hat t',uw 1.111 ((~unlioue air usher bide) • REASOII FOR APPEAL Conlinuerl 1. SIRICF APPI_ICATIOII OF 111E ORDIIIAM-E ,mild prnducrt piorlicnl difficulties or 1unneces_ spry I IARDSI IIP because c:S ct M0E eJ" 'i G„ tnca.wt c-Ul avid u i'tL i +o have-. 0.r ew c.,o Se_~ `wf ECL wr{tn .r v. ,L , to lay, C-omY thtS SfrtNq 1 utl~ hqv~ w e,Jborw qw ~ a Id JI i o \ yCr^'r to CoN+£ha wtth 0.wd it t.7OJ~p bf:- Pr4r_'(~t~tO\Y ~M~oSS ~b`~a "ro Kee.. t\roJ J Y ' \ EX T EN S 1 tyr e- 't.D OBI 1r C Ct.`~/ 2X,StthG dEcK \vv 0 r`b4_r, i 1 I- 1 \J to d'pJ \d~. C.Int ~1J'P.h Cw11th c>, Sc~E OSEb o-'rea_ .~~t~,.w wln rCS•s to ~L i 000) 4IY \ e \ Y. .2_1D a_~ o.i.?0. 4C0.vt Y`(,~ wc.P-r, L,l~~c-M tS +^n~ Mo.tN coil cop--'N J E.yts vi Q~_ \ AS to thfl 11 r~tc v wq` ua\\ w~.c~ 2X.StE~ w~2v w~ bo ?yy,``~t iIL1 ro QEl ~(/y a5 Evv~enfQ~ ~yy tt,t, e-,,y nC& S ~P.~port WJ'rtILv -0C~Ur` i-o ,_~aSinyy c~=~) w~ d,~~.v4.S V-e,tnfo lC2~'(' 2. The hardship crealecJs UIJIQUF nrlrl is not shored byfill prnpnrlies olif< in the imnmrlioto vicinity of this property and in this use disitirt bernuse oWVtt<-r'S 04, i~+e, \ eo.p ile.S "Jl-C 0- ~..r o.Ar 2r 0-,r e- oeS~ lnav''1le „o 3. The Vorionce would observe the spiril of the Ordinance and WOULD 1,101' CIIAFIc;E ME CI IARACEER OF 'THE DISTRICT because $ S morel y an P xte Nsrow to wti J 42-C,d~ ~X .St.N d2.c. WMrCN v'~ c>,r•~ r•sy ?i~Stt~. b~ ?r ~ ~ernsr ` ,Jrll not 5. tL4,- ~ I o+n sc.,M L- 'eve Ii oF + e-k is t ~P- l~n ~c K LJ i. Wrll t~stEEAI tGJtl+ 1 Y7- Feet \3J01-1 exl,ttw I e-/-< rind ''Cb~e.r ~E pr Q_ fo~10W t~~ ..at?rc,~\ Slo.p r: pF ~(.f.. ~o.,PEr'i-y 11,E ~P\\rctc e.x~~..v\,Stu., wt11 hot- l,o..rN, ar o.I.,1tCP +-L 1lO~cI.?+y of~t~ S,.croJwd.w~~ \o.ndsc<.-,p e_ no 11~k4 e-'t -t J Ue.t lwhb5 OtN Airy c„c:w As to t~ 'r e,<w.w r,n\ ?w\1 (WNtC~t'S 2_,C rS'C E.~ .(S e'i W t-o wj o L .~vt -?`S~li/~~/~ -t~~S was e.rL-V r L~Utr(?~ t SIAl Or hIEW `,ORI< 55 COUhrrv Or ) Slgnnl re Stvoni to Ibis Z. rloy ol._ Z Nalory Public HELE:NE D. HORNE Notary Pub! 1c, State of New York No. 495 t 364 Oualifi"'in Suffolk County Commission Expires Tray 22, 19 ~7 Cf:I1TrP11:1) MA II Uunltl) ul Al'I'[;nLS,_IUIVN OI_SVUI_IIOL_l) Il[11111tJ Ilf_I:I. I P I 111 111IF ; 11 11 MIII tilt A1all(e~r or life I'clll{,tn of IJO I ICI: lu ~Ilc Uy~IJ of Apljcals Of)lic_lUwll-ill SouillolJ-___ \ / PIIOPF.AITY (riJ111 1t \S (oC) e,sk j%e-sJ VrsJe- ~~tls~~cK, 1v l\°\S"2 YOU AIt E 11E11E11y GIVIiN I"1 ICE: L 1 hat II rs 1c ItsleIII roll of the undersigned to petition Il,e 11om(I of Appeals of the I nwrt o1 Sourhuld to rcgocsI Variat Ice (Special li xccp Lion) (SprdaI Pennill) (other) (cl. r:cl.e chplcn) 1 1. - 1. Ihat file properly which is Ilre subject rtf the I'cllllun is localrtl adjacent to your lo"prr IY and is rlrs n ibcd as follows: - J, that 1e properly which Is the subject of such Petition is located in the following tuning dimirr - -I Vial h\ soth I'elltlun, the undelsil;ncd will rcyucst the following irlier: Z ~a7 Cl~l } L_ o ~_1< 4]... _ RN ~ll,'P-vL -F~.. Q!n. 1\V~.q\.._ 4r~1!!ahL2/_... ssn--Qr:a ugSl11ht n by tile joill.-I 5. I hat the provi~slovns of the Southold lown Zoning (,ode apPlica 11r to the Zeller so siyncd are /U"Cic;l.e _ xxA~1--- to That awrittell l'ellliort frolursling life relief s perified allure will he filed in Ilse Southold -town Clerk's Office at M~1ill It 1-145- "1110ld, New York and YOU Ina)' that and throe examine the sane rduring reguLn office hours. 111,11 before the relief sought 1113Y be yranled, a public hearing nns, br held on the ouitrr by the healil of Appeals; - OlM a -such Looigrlsdandlfraveler-Matlliluck,watcholall uesvspaspers plrblisltedlln the 11011ce of I gin tile ovvolwu nl Southold and deslgnaled for Ilse publkallun of such notices; Ihat you or your feptesenlalive have tile. right nl appear an`I Ile heard at such heallog. Dated: ~s-°-----"'. Pelltloner ` 0w lie l•S' Na ales: Post Office' nlddrrss \ 1 09 3 2-1 '7 (Copy of sketch 01' plan sholJlny proposal to he alAaclle.d for convenienen I1 U1'po SeS rar w J DOWN OF SOUTHOL6 PROPERTY RECORD CARD ij & OWNER STREET VILLAGE DIST. SUB. i_OT VJr~aI~clrl'b' ~ulo~/z~,~;zrl )r~t_ll t:~fi' ,FORMER OWNER I I I ;YCt~- A. pt}ip , N ) E ACR. Vie.,,, I an eh )I~ G ' ~l/ tlc.r' ? 2 275 tt 'Xi - S W TYPE OF BUILDING ellr 426l,-l 1110601 r-1-6 !Esf SEAS. VL. FARM MM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS /c c: w Dcc J , 6.~L r; x r.. u d .~UO fob Ob ? ~ Z--C'~~ ~ o o i o a 7 8 v o? a C 111c.=.clc rr ~i ~z ' l , c~G c 1 - - AGE BUILDING CONDITION /~s Se / ~3 0 e n ~e>v~,r S /e Ko nr wi SC r r NEW NORMAL BELOW ABOVE k 1,.~a9~ (1~ _ Lllt Cl~ i~}faY Id = LI l~ly<Itr cl_E31 r FARM Acre Value Per Value Acre a/1319lo - Ll l l l Wu,~ <w-( j u r<I ndr,_ oho al l v s d 3 5~ y o0 rillable 1 fillable 2 -illable 3 Voodlond wompland FRONTAGE ON WATER Srushland FRONTAGE ON ROAD louse Plot- DEPTH C) BULKHEAD otal DOCK 6 °O y~ i r~ = x, sa - COLOR k4 UV4I - - - - - - • TRIM - - {t etc ~~yy I f1 M g( 1 r- d Both Dinette 3 Foundation .3 / X 1 ~ = 7X6 r s- 3s`r - ~ouf-c ~4 11?41 Exte~~sjoi~'. n , l . 6Z Bosemer.t / l1 r Floors l' 1d K. Extension Ext. Walls I f y~ Interior Finish U~ `Y d? LR.~1/C Extension Fire Place /-t Heat ( DR. Type Roof L C Rooms lst Floor - BR. - c fi Porch Recreation Room Rooms 2nd Floor FIN. B. i Porch Dormer Breezeway Driveway Garooe = j y 2~ 3,36 Patio a-,,R.j)OCW 9 r S-0 36 Total - ~ ~ ~ - - - - - - - a ~ a k( J ~ ~ 4 Cq Y K y~ u3c9 0 0 m p R ? V ~~~~~o 6SrV?EW r oQ k-P; ~ W ~ : W rS S. i I'(7^20• E. I_ 3AI,N NZ O V m .4c Q to aol.V.m ' - {y1 n ~ew.na^~ A .0 a 4 ~ ee s 1 ~ v1/vr wejv.e ~ Ie.°r i J° e. a. Na Ile a e `h Y ` ~~Vyy> ~ e~/fNte's NNW" ~SQayye w°°d a yylx~in~ ~FISYIC N X5.00• NwwM ? t O ip l N. If' M N MA T~?rUGK ~~a~~~ oat TO 9°ib~ EOT£SOSE 620 LELT-5SL-STS ~.'c S~C.I~!'~fl£ '7INL=~d kGie~ L72:E0 LE-52-2E It k,' - l1J I V ~ ~~y' ~ 14 LPL>} as vo N; 41'015 ~ 4 3 i r S t Jv ad L , W 0 DYk)4J4 •WOA~ = Z 12 J o LLJ p - o w J- '3 rJ > I v fn - r Z V~ = Yt r Z J L~ ~ AI)•M LLJ 1~ ~ LiJ L COUNTY OF SUFFOLK ROBERT J. GAFFNEY 2 SUFFOLK COUNTY EXECUTNE STEPHEN M. JONES, A.I.C.P. DEPARTMENT OF PLANNING DIRECTOR OF PLANNING March 10, 1997 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) VAndriopoulos, Maria 4448 Praus, Marian Jean 4449 Reilly, Frank 4456 Minogue, James 4457 Anderson, Lois 4460 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc C \W W1N60\W?DOCS20NING\WORKING\LDS\MAR\SD4448.MAR 220 RABRO DRIVE 0 P.O. BOX 6100 0 HAUPPAUGE, LONG ISIAND, NY 11788-0099 0 (516) 853-5190 ¦ FAX (516) 853-4044 ~ r APPEALS BOARD MEMBERS 'J~SOEFQt ~O G Southold Town Hall Gerard P. Goehringer, Chairman V yt y 53095 Main Road Serge Doyen y x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa 4, f Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Anneals of the Town of Southold, New.York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article XXIII Section 100-239.4B Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4448 Applicant: Maria Andriopoulos Location of Affected Land: 1605 Westview Drive, Mattituck, NY County Tax Map Item No.: 1000- 107-7-9 Within 500 feet of: Town or Village Boundary Line XX 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-of-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 :omments: Applicant is requesting permission.to construct deck addition to single family dwelling within 75 feet of an existing bulkhead or- similar structure adjacent to a tidal water bodv Copies or Town file m, related documents enclosed for your review. Dated: March 6, 1997 March 6, 1997 Mrs. Maria Andriopoulos 43-10 Auburndale Lane Flushing, NY 11358 Re: Variance with Conditions Granted 2/25/97 Dear Mrs. Andriopoulos: Please find enclosed a copy of final decision, as filed with the Town Clerk's Office, which has been corrected on page two to show "minimum setbacks" instead of "maximum setbacks." This copy replaces the one mailed to you on March 4th. If you have any questions, please do not hesitate to call. Thank you. Very truly yours, Linda Kowalski Board Clerk/Recording Sec. Enclosure i r APPEALS BOARD MEMBERS ~~gUFFO(,~~o ~O p Southold Town Hall Gerard P. Goehringer, Chairman y< v 53095 Main Road Serge Doyen H x P.O. Box 1179 James Dinizio, Jr. O .te Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF FEB. 25, 1997 Appl. No. 4448 - MARIA ANDRIOPOULOS PARCEL 1000-107-7-9 STREET ADDRESS: 1605 Westview Drive, Mattituck, NY DATE OF PUBLIC HEARING: February 6, 1997 FINDINGS (PROPERTY FACTS): DESCRIPTION: Property is located in an R-40 Residential District. The lot is situated on the west side of Westview Drive with 75 ft. frontage on Mattituck Creek. It contains a total lot area of 11,761 sq. ft. and is improved with a one-story frame dwelling (ref. survey dated Feb. 3, 1997). BASIS OF APPEAL: Building Inspector's November 21, 1996 Notice of Disapproval, which reads as follows: under Article XXIII, Section 100-239.4, "proposed construction is within 75 feet of an existing bulkhead, concrete wall, riprap or similar structure adjacent to a tidal water body." RELIEF REQUESTED BY APPLICANT: To construct deck addition to a single-family dwelling as shown on map sketched in red ink by applicant, with a setback confirmed on 2/13/97 to be 52 feet (previously sketch indicated proposal at 48 feet on a rough sketch) to the "wood bulkhead along mean high water." REASONS FOR BOARD ACTION, DESCRIBED BELOW: Grant of relief as requested will produce an undesirable change in the general setbacks established in the neighborhood. Grant of alternative relief will not produce undesirable change or adverse effect in the general character of neighborhood which would be similarly in line with others in the neighborhood of similar-sized lots. Benefit cannot be achieved without a variance because of nonconforming lot size, as well as width and depth. The location as requested is not the minimum. Relief requested is substantial, when weighed against the limited size of the property. Off-street parking will be provided for vehicles by applicant. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to DENY the relief requested by applicant between 48 and 52 feet, and to GRANT ALTERNATIVE RELIEF as described and conditioned below: Page 2 - Appl. #4448 i Decision Rendered 2/4 Re: Maria Andriopoulos 1. Conditional alternative relief for proposed open deck construction shall be with the following ( minimuo setbacks: a) not closer than 13 feet to the northerly side yard; b) not closer than 55 ft. to most outward bulkhead (along mean high water mark); c) side yard at the northerly side must remain open (not be closed or obstructed). 2. No outside storage of construction supplies or materials for more than 14 days at any time in the front yard. 3. No steps shall protrude into the side yard area. AYES: Members Goehringer, Dinizio, Villa and Tortora (4-0). Member Doyen of Fishers Island was absent. -7 Approved for Filing GERARD P. GOEHRING 6R, CHAIRMAN Actions. ZB / 1077-9 March 4, 1997 Mrs. Maria Andriopoulos 43-10 Auburndale Lane Flushing, NY 11358 Re: Variance Application Dear Mrs. Andriopoulos: Please find enclosed a copy of the board's decision rendered at our February 25, 1997 Special Meeting. A copy has today also been delivered to the Building Inspector's Office as an update to their initial Action of Disapproval and for use in the pending building permit application file. Also, we are required to transmit a duplicate of your file to the Suffolk County Department of Planning, which agency has jurisdiction under the County Administrative Code for projects located within 500 feet of a County or State Road and most waterways. We have transmitted the file documentation to the County for review, and it is expected that the County will pass its determination back for a local (ZBA) level without requiring further steps. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department County Department of Planning C_C,,Jd ,i S`3 Q-tte')Jc d { 66r",) Q i f a 99 7 YOu1S llc -kleann • 7:45 p.m. Appl. No. 4,448 - MARIA ANDRIOPOULOS. Based upon the 11/21/96 Action of Disapproval by the Building Inspector under Article XXIII, Section 100-239.413, applicant is requesting a variance for the location of a portion of a proposed deck addition within 75 feet of an existing bulkhead at 1605 Westview Drive, Mattituck; County Parcel #1000-107-7-9. (Also see attorney's letter for neighbor received 2/6/97 regarding outdoor storage limitations under Sec. 100-236). CHAIRMAN: We have a copy of the attorney's letter which we have read and is presently part of the file. A copy of a survey indicating the original house and deck... MEMBER TORTORA: I have an up-dated survey. CHAIRMAN: Right, I'm getting there - unless you want to give me one that you have. O.K., great. Thank you very much. I have a new sketch of a survey indicating the deck closed in as it pertains. I think we're still at 51 ft. to the bulkhead? Yes. MEMBER TORTORA: Can we recess to make copies of that for the Board, • Jerry? CHAIRMAN: Sure. MEMBER TORTORA: Just a short second, please. MARIA ANDRIOPOULOS (Owner): I'm about 53 ft. from the bulkhead. CHAIRMAN: 53? O.K. We're just going to make a couple copies of this so give us one minute, alright? MS. ANDRIOPOULOS: It's kind of small. CHAIRMAN: Maybe you'll want to blow it up too. I also have a copy of the Suffolk County Taff Map indicating this and the surrounding properties in the area. The letter that was to be read into the record is from Charles R. Cuddy: "I am the attorney for Raymond A. Cuddy, my father, who lives directly across the street from the applicant. Unfortunately I am engaged in another matter in the Town of Riverhead on the same date and time for which this appeal has been scheduled. Therefore, I ask that this letter be made a part of the record in this appeal. My father is 87 years old. He has been attempting to sell his home. According to local brokers, lie has been confronted by an unsightly • situation which occurred after the applicant purchased the home last year. The applicant's front yard has been used to store construction materials. This has been ongoing for the past eight months and Page 2 - Transcript oT Hearings • Regular Meeting of February 6, 1997 Southold Town Zoning Board of Appeals • prospective purchasers have no interest in residing opposite a construction storage area. If the Board grants the application, I respectfully request that it include as a condition that there be no storage of building materials or supplies in the front yard. See Section 100-236 of the Southold Town Zoning Code." I think we're ready. Could you state your name for the record? MS. ANDRIOPOULOS: Yes, Maria Andriopoulos. CHAIRMAN: How are you? MS. ANDRIOPOULOS: Fine. CHAIRMAN: What would you like to tell us? MS. ANDRIOPOUL.OS: Well, there was an existing deck to the house. There was also another deck which must have been taken down because when I purchased the house, there was a patio door from the bedroom outdoors but there was nothing there. So, what we wanted to do was bring the deck to the other side of the home length-wise and extend it towards the water also by another 12 feet. This is because I'm pregnant - I have another child and, instead of putting up - erecting fences around my yard so the child won't go near the bulkhead - near the water, I figured I would enclose this area for the children to play in. • CHAIRMAN: O.K. The day that I was at your house, it was extremely cold and I was having trouble with my tape measure. I would appreciate it if you could just take - give us both corners to the inside edge of the bulkhead. When I'm talking about both corners, I mean that they really exist to a certain degree. O.K.? Even though you haven't completed the deck, alright? And just call in with those two measurements - it would be greatly appreciated, O.K.? So, give us the north one and the south one. LOUIS ANDRIOPOULOS (Owner): I'm confused - what is now the same distance as the other? CHAIRMAN: Right. Well, we're not sure if the bulkhead is straight. So, if you could just put a line with a level and just extend it out. The Building Inspector says it's 51 - your wife says it's 53. O.K. Just give us a line and this way we'll have it. We'll have it for the decision and everything will be taken care of at that particular point. It is my understanding that this deck is going to remain open to the sky - it's not going to be enclosed. MRS. ANDRIOPOULOS: Open to the sky. I just want to close it in. CHAIRMAN: Right. • MRS. ANDRIOPOULOS: You know, so the children can play and not come off the deck. Page 3 -Transcript oT Hearings Regular Meeting of February 6, 1997 Southold 'Down Zoning Board of Appeals • CHAIRMAN: Right. MRS. ANDRIOPOULOS: So, it will be open. CHAIRMAN: O.K. Great. Are there any major changes other than what we see as the construction progresses? MRS. ANDRIOPOULOS: That's it. CHAIRMAN: Is there a problem with moving all the decking material to the rear yard as Mr. Cuddy... MRS. ANDRIOPOULOS: Not a problem. Most of it was removed already. There is some - I need another truck load to take it out but once they told me to stop work, we just stopped. CHAIRMAN: I understand. MRS. ANDRIOPOULOS: And we never just came back up. CHAIRMAN: Right. MRS. ANDRIOPOULOS: Most of it - one truck load already last week and probably another truck load this weekend. CHAIRMAN: O.K. Are you presently living in this house? MRS. ANDRIOPOULOS: No. CHAIRMAN: No, o.k. Alright - Mr. Villa? (questions? MEMBER VILLA: I was just concerned when I went down there that this thing is so big and it actually - you know we look at the adjacent houses - this is going to be closer to the water than... MRS. ANDRIOPOULOS: It's not. There's two houses down that bulkhead is closer to the home than ours because it got - it eroded away as time went on and his deck is probably farther out than our deck is going to be. It's two houses down and his bulkhead is closer to his deck than ours would be by at least 10 or 15 feet. MR. ANDRIOPOULOS: It would double the size of our deck. CHAIRMAN: Right. I kind of need you to stand by your wife because we've got to take this down. We're taking it down. MRS. ANDRIOPOULOS: This is two homes down from me which was a newly constructed home. Do you know which one I'm talking about? It's a two-story home. CHAIRMAN: Are you talking about two houses to the north? • MR. ANDRIOPOULOS: Yes. To the north. Page 4 - Transcript oT Hearings Regular Meeting of February 6, 1997 Southold Town Zoning Board of Appeals • MEMBER TORTORA: The properties on the east and west side of you? MRS. ANDRIOPOULOS: There's water on one side - across the street they don't even see what we have in our - this is our back yard. I guess you can consider this our back yard facing the water. The home across the street doesn't even see the front. Next door they have a deck but it probably will be a little shorter than our deck - the one right next door. The one right next door to that has no deck or an enclosed part of the house. MR. ANDRIOPOULOS: We're making this lower than the existing deck. MRS. ANDRIOPOULOS: It goes down - there's steps going down. CHAIRMAN: O.K. Could I just have your husband's first name? MRS. ANDRIOPOULOS: Louis. CHAIRMAN: Louis. O.K. MRS. ANDRIOPOULOS: There was an existing deck in front of the home which ran the length of the home but it was removed - I don't know when but the neighbors told me it was removed years ago. CHAIRMAN: O.K. Mr. Dinirio? MR. DINIZIO: No, I don't have any questions. We do need those measurements. MR. ANDRIOPOULOS: Where do you need those measurements exactly? MRS. ANDRIOPOULOS: They want us to put a post for where the bulkhead is so they can measure from the bulkhead to the home, right? CHAIRMAN: No, I'd like you to measure for us and then we'll come back and measure it too. MRS. ANDRIOPOULOS: We'll measure it today. MR. ANDRIOPOULOS: We'll measure it today. MEMBER TORTORA: If you could mark it and also mark it on a copy of a survey for us. MRS. ANDRIOPOULOS: I'm waiting to get the original at home and when I get the original I'm sure it will be bigger lettering than that and I probably could see the numbers more clearly than that survey that I just gave you. I'm sure he has the numbers included in that survey. MR. ANDRIOPOULOS: Do you know what the difference is on the 4 x 4 beams - to put the rafters? We measure from the beam. Maybe if we go • from the rafters, it is difference of the 1 ft. In other words, we put the 4 x 4 to the beams and then we'll put the rafters on top. Page 5 - Transcript o'C IIearings • Regular Meeting of February 6, 1997 Southold Town Zoning Board of Appeals • CHAIRMAN: O.K. MR. ANDRIOPOULOS: We'll get it from the beam. CHAIRMAN: O.F. MR. ANDRIOPOULOS: I don't know which way you want its to measure. CHAIRMAN: Give us both. MR. & MRS. ANDRIOPOULOS: O.R. CHAIRMAN: Then we'll know the difference. MRS. ANDRIOPOULOS: Probably the rafters are not even - not evenly cut. They will be evenly cut. They're not evenly cut at this point. CHAIRMAN: Yes, but you have enough there that you can measure from. MRS. ANDRIOPOULOS: Oh, yes. CHAIRMAN: What is the total over-all width of the deck - meaning depth coming out, do you know? MRS. ANDRIOPOULOS: The depth going towards the water? • CHAIRMAN: Yes. MRS. ANDRIOPOULOS: It was an existing 12 ft. deck right there and another 12 ft. CHAIRMAN: And another 12 ft. MRS. ANDRIOPOULOS: Including the steps going down. CHAIRMAN: Right. Steps are included in the whole process? MRS. ANDRIOPOULOS: Yes. CHAIRMAN: O.R. Now what do we have in total length of the house - 54 ft.? MRS. ANDRIOPOULOS: That's a good question. CHAIRMAN: That's what ,you're showing here on the over-all plan. So, you can measure that for its to. MRS. ANDRIOPOULOS: Yes. CHAIRMAN: So we know. • MRS. ANDRIOPOULOS: It doesn't go the whole length of the house because we just couldn't make it the whole length of the house. We Page 6 - Transcript off' Hearings Regular Meeting of February 6, 1997 Southold Town Zoning Board of Appeals • wanted to make it past the door - the patio door going - our bedroom patio door. CHAIRMAN: O.K. So, give its what the total length is across to the max - for the whole house and then to the max of what the deck is going to. MRS. ANDRIOPOULOS: O.K. MEMBER VILLA: You're showing two dimensions on the deck - you're showing two different things here. You're showing one with the house on it, showing it's 44 ft. and then one showing on the deck that's 54 ft. MRS. ANDRIOPOULOS: You know what happened - we have a retaining wall and sometimes - I don't know if the measurement was from the retaining wall or not. When I went today with the tape measure and measured myself - from the deck to the bulkhead - not the retaining wall, it's 53 ft. MEMBER VILLA: You're saying on your same sketch back here, you're showing from the water bulkhead to the deck, which has a railing - it's 48 ft. So, there's a lot of confusion here. CHAIRMAN: Yes, that's where the problem lies. MRS. ANDRIOPOULOS: Somebody from the Board came and measured also. • MR. ANDRIOPOULOS: Can I see this? MRS. ANDRIOPOULOS: It's probably the old one. Try this one. MEMBER VILLA: It's submitted. MR. ANDRIOPOULOS: Do we have the same one? MRS. ANDRIOPOULOS: Yes. We handed it in. CHAIRMAN: We're not making a decision tonight anyway. That's why we want to get all of this down pat. MRS. ANDRIOPOULOS: Someone from the Board was there to measure also. CHAIRMAN: Yes, we usually go down. Sometimes we go with measurements, sometimes we don't. It depends upon if we can see any inaccuracies in the measurements - then we'll do it ourselves. O.K. I have the house at 58' 5" in total length. Alright - right? MEMBER TORTORA: Let's clear up the measurements. CHAIRMAN: Yes, let's clear up the measurements so we know where we're going here, O.k. MR. ANDRIOPOULOS: Do we have to have the measurements of the existing deck? Page 7 - Transcript o-I Hearings Regular Meeting of February 6, 1997 Southold Town Zoning Board of Appeals CHAIRMAN: I have the measurements - I can take the measurements of the existing deck but it only shows the deck to the southerly side of the house. That's the only one I have. MR. ANDRIOPOULOS: 12 ft. from the house to the water and the same thing goes to the other side. CHAIRMAN: Just let me say this - the original deck does not include the bulkhead - the original survey, which was a 1970 survey - does not include the bulkhead. MRS. ANDRIOPOULOS: Yes. CHAIRMAN: Now, I can truthfully tell you that bulkheads are not straight. MRS. ANDRIOPOULOS: No, it's not straight. On both sides it is a little different. CHAIRMAN: Yes, it little different. So, that's where the problem lies. What we try to do is include this into the decision - I don't want to write a sloppy decision. We want the decision to be accurate - as accurate as possible. O.K.? I want you to measure from the corner of one side of the deck, which is on the north side to the bulkhead and the corner that's on the opposite side of the bulkhead which is the southerly side. MRS. ANDRIOPOULOS: It came out pretty even - I mean it may have been a foot off. CHAIRMAN: Yes, but again the Building Inspector is telling us it's 51; you're telling us 53. MRS. ANDRIOPOULOS: O. K. That's fine. We did it right before we came here but, you know... CHAIRMAN: Oh, well - what have you got? Tell us. MRS. ANDRIOPOULOS: I have 53 ft. CHAIRMAN: You have 53 ft.? MRS. ANDRIOPOULOS: Yes. CHAIRMAN: On both sides? MRS. ANDRIOPOUL.OS: The one side may be one-half foot off because we measured up to the retaining wall and from the retaining wall to the bulkhead because it was easier for me to do it that way. CHAIRMAN: I understand. • Page 8 - Transcript o-I' Hearings Regular Meeting of February 6, 1997 Southold Town Zoning Board of Appeals MRS. ANDRIOPOULOS: The retaining wall is not a straight retaining wall because all we did was re-enforce the existing retaining wall and that's off a few feet too. CHAIRMAN: I don't care about the retaining wall. The big thing is the bulkhead. MRS. ANDRIOPOULOS: It's about one-half foot off on both sides and I have 53 ft. CHAIRMAN: Is the 53 ft. on the north side or the south side? MRS. ANDRIOPOIILOS: It's only about a half foot difference. CHAIRMAN: O.K., but which side do you have? MRS. ANDRIOPOUL.OS: O.K. - the longest side was - which side is this? MR. ANDRIOPOULOS: That's the south. CHAIRMAN: O.K. - So, you're showing 53 ft. oil the south side? MRS. ANDRIOPOULOS: I think it's the south. I'm kind of mixed up. CHAIRMAN: Do me it favor? I'm not liere to upset expectant moms, I assure you, o.k.? Would you please let your husband do it - please • don't get down there and do it yourself, alright? But measure it for us - as I said, we're not going to address this for another week or so anyway. O.K.? This way you have plenty of time - the weather's been pretty good. Do it before it snows. MRS. ANDRIOPOULOS: Do we have to come back next week? CHAIRMAN: No. Just call it in or Fax it in or send it in or whatever way you want to do it. Alright? So north and south - you do not have to come back. MRS. ANDRIOPOULOS: O.K. MR. ANDRIOPOULOS: From where - how do you want me to measure it? MRS. ANDRIOPOULOS: Both he said. CHAIRMAN: Both. MEMBER TORTORA: On both corners. CHAIRMAN: Oil both corners. MEMBER TORTORA: On both corners to the edge of the inside of the bulkhead. MRS. ANDRIOPOULOS: O.K. Page 9 - Transcript of Hearings Regular Meeting of February G, 1997 Southold Town Zoning Board of Appeals MR. ANDRIOPOULOS: Inside? CHAIRMAN: Inside. Inside edge of the bulkhead. MEMBER TORTORA: Measure from the inside edge of the bulkhead to the rafters on one side, one corner and then oil the other corner. MRS. ANDRIOPOULOS: That's fine. Because we're measuring from the outside of the bulkhead and maybe the Building Inspector measured from the inside. CHAIRMAN: Now, were the 4 x 1s encased into the rafters themselves? MR. ANDRIOPOULOS: What do you mean encased? CHAIRMAN: Do the 4 x is stick up and the rafters go around both sides of it. MR. ANDRIOPOULOS: Correct. CHAIRMAN: O.K. So, you go from the rafter - not from the 4 x 4 or whatever the upright is that's holding the deck up. O.K.? - great. Thank you very much. Is there anybody else who would like to speak in favor? (No one wished to speak.) CHAIRMAN: Is there anyone who would like to speak against? Yes, ma'am? Could I just ask you to state your name for the record? GLORIA HURLEY: I'm Gloria Hurley - the neighbor to the south. CHAIRMAN: How are you, Mrs. Hurley? I haven't seen you in a long time. How have you been? MRS. HURLEY: I just have a question. CHAIRMAN: Surely. MRS. HURLEY: The deck is there now. Now they're down to another level of the deck - are we going another level of deck for the steps or are the steps included? CHAIRMAN: It appears to us, and we'll have them clear that up, that the steps are included into the deck itself. They are recessed into the deck area to the best of my knowledge. O.K.? Thank you very much. MR. ANDRIOPOULOS: They are included. CHAIRMAN: Included, right. Thank you very much. Is there anybody else who would like to speak? (No one wished to speak.) CrnUIFIf:ll NAZI III:ILIIIN Ilff,f-1111 III?11111SSIPIt lfOnI(l/ U[ ~I'.I`I;nl.S, IUWN of 50U;I:IIUI U__ In the foaller or the pethlmt of lit) I ICE 1R-dq po\! \J u(_nppcal5.~lf lltc.-.I dw!! il-Suufl!gld-..___J 'u1 pRoPEH Y Ul•llllili Sir G 5 CJe~.tJ,e C,) YJr,ve 1'(.)(I ARt IlrIt lall' GI VtEIll NOI ICP.: I. T hal h is The WWII" of the ondrtsigncd lu pcritiml the' ILlatd olt 'rc liettcllollc11" 11 nl !inuthnid to iequesl :1 Vari.1uce (Special Excrplion) (Special I'er"do (Other, ( 1. Ihat the properly which is the subject of the pelitiou Is located adlacenl to your plopr,ly a,III k alas u 16cd as lullu,vs: LQL4- _.-(-5~ - - -Lot c i - - 1. Th;u the property which is the subjccl of such pelitiou is located lit the following tuning Ilkiliru - - - - 1 111.11 h, such Pelltlun, the undenigovel will request Ihr followhag teliel ,[o.,rx ...>10 to _ t~~vcQo.r.ce.r`=6?'-t ~-nE-. teYw. vt s .nOf,_...- u uudrl r. l1 t the relief sool-lit by tile 5. 111.11 Ilse provisions of file Southold I own zoning Code a1 Ile Al Seca I._~..IJ~-- - signed ale As: CI.C IB 6. that a written I'etIt lon requesting the Ieliel specified above will i he Mod in l the Southold Towta Clerk's Office at hf1916101/(i5 -10091J, New York and you ntay thin and these examine tae same during regulaf ol(kr hulls. 111.11 before the relief sought relay be grained, a public hearing most hr held ou the matlrr by 111.1 Ilu.ud of Appc.115; that a notce of such Itmig Islands fravelerldvh tllt licitaWalichulanS newSspapetls publishedrlit till, hemhq in the fepreseinalive have I own ul Southold and designated for the publlcalioo of Stich notices; that you or your have tile right to appea~aod be heart.! at such hearing. Dated: OwItar's1flin Ill P.s:-- (yC5f+----v5 1 ~ I post Ollice Alhitess sb~~.c N1L..113.S4s' 7e I No j -118 ) 321- l`f o Copy of sketch or plgn showing proposal to he attached for r.onvanfencn purl111S1!S • ] d S CR' : I also wish to receive the Complete items 1 anNor 2 for additional services. a :Complete items 3,4a, and ab. following services (for an m • Prim your name and address on the reverse of this form so net we can retum this extra fee): I, card to you. j :Attach this form to the front of the mailpiece, or on the back if space does not 1, ? Addressee's Address Z w •Wriel,Reem Receipt Requested' on the mailpiece below the article number. 2. ? Restricted Delivery to :The Return Receipt will show to whom the article was delivered and the data delivered. Consult postmaster for fee. e o q 3. Article Addressed to: 4a. Article mbar ¢ ! r ~ F S ~GI h~ i ~l E , A f s r t w entice Type /v v ,n \53S W~S'YJ ew V/? Registered Certified ? Express Mail ? Insured 5 1 \ `1 S p U IE ? Return Receipt for Merchandise ? COD tYttJGI~ G ' v 7. Date of Delivery Z o 5. Received By: (Print Name) 8. Addressee's Address (Only if requested a i - and fee is pad) r g 6. Signature: (Addressee or Agent) r X I PS Form 3811, December 1994 Domestic Return Receipt I- I I First-Class Mail UNITED STATES POSTAL SERVICE Postage & .as Paid LISPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • (,-fit c J\ ~S 1 IN [L J'\C`Q lAJ'\C' I I_ i elc if 1 ~ fr i I i JUDITHT.TERRY,TOWN CLERK RECEIPT 061072 Town of Southold Southold, New York 11971 I~ Phone: 516.765-1800 DATE / Lf`YC7 0L a.-19 q~ t RECEIVED OF: FOR: ?CASH BY: HECK 3 ~y Y 5outnol9 Town .doar eals -i2- ~rE:rber 11, 1969 takes the average aet back 'ae will be O.K. MR. HULSE: I think we c ould eliminate Section 305 from the application, it was just a note to check the set back. THE CHAIRMAN: Is there anyone present who wishes to speak against this application.' (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to build new one family dwelling with insufficient side yard area. The applicant possesses a lot 75 ft, wide and is unable to increase the width. There is some doubt as to whether the lot is more or less than 12,500 sq. ft. of area, because the lot has been increased by dredging. The Board feels that the applicant's request for 8h ft. side yards is reasonable, however there should be no variances to the front yard setback as determined by the adjoining residences. I The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the district and will observe the spirit of the Ordinance. On motion by Mr. 3illispie, seconded by Mr. Bergen, it was RESOLVED Gruhill Construction Corp., 3356 Route 112, Medford, New York a/c Edward Dennis, 228 west Rivera Drive, Lindenhurst, New York be GRANTED permission to build new one family dwelling with insufficient sideyard area as applied for on property located at west side of westview Drive, Mattituck. New York, subject to the condition that no variance be granted to the front yard setback. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC :TEARING: Appeal No. 1308 - 8:30 P.M. (E.S..T.), upon application of Marcia E. Downs, 1230 aatersedge Way, Southold, New York, for a special exception in accordance with the Zoning Ordinance, ?Article III, Section 300, Subsection 5 (b), =or per- mission to use existing dwelling as two (2) family residence. j Location of property: north aide of aatersedge way, Southold, Soper, east by Gin Lane, south 7ew York, bounded north by R.S. by watersedge way, west by Mason. Fee paid $5.00. I FOLLOW-UP and UPDATE FOR YOUR RECORD: TO: All ZBA Members Attached are copies of new information received ZZ in the Matter of the pending Application ofr/~ From, ZBA Office Attachment(s) 02 //3/97 Placed in Member office mail for pick-up i qg GHAALES R. CUDDY ATTOBNEY AT LAw 445 GRIPPING AVENUE P. O. BOX 1547 TEL: (5161309-6200 RIVERREAn, NY 11901 FAX: 15161369-9060 FEB ' NO WO, February 3, 1997 Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 Re: Maria Andriopoulos Dear Board Members: I am the attorney for Raymond A. Cuddy, my father, who lives directly across the street from the applicant. Unfortunately I am engaged in another matter in the Town of Riverhead on the same date and time for which this appeal has been scheduled. Therefore, I ask this letter be made a part of the record in this appeal. My father is 87 years old and has been attempting to sell his home. According to local brokers he has been confronted by an unsightly situation which occurred after the applicant purchased the home last year. The applicant's front yard has been used to store construction materials. This has been ongoing for the past eight months and prospective purchasers have no interest in residing opposite a construction storage area. If the Board grants the application, I respectfully request that it include as a condition that there be no storage of building materials or supplies in the front yard. See §100-236 of the Southold Town Zoning Code. Very truly yours, Charles R. Cudd CRC/pc f 14 A 1 Sm77~ od ~ ~y ~ /v ~ - - -mot- - n ~ 71 . t X4- - r' I 19 t t nl 1 t Ii 1 rte'-. % M premises. Location of Property: 5650 Building Inspector under Article XXHI, New Suffolk Ave., Mattituck, NY; Section 100-239.46, applicant is STATE OF NEW YORK) Parcel #1000-115-10-6. requesting a variance for approval of 7:00 p.m.,Appl. No. - L.OIS T. steps and deck construction, as built, ) SS: ANDERSON. Basted upon, the near existing bulkhead at 2175 Nassau 12/16/96 Action of Disapproval by the Point Road, Cutchogue, NY; County CO T SUFF LK) Building Inspector under Article XXIII, P9fcel#1000-104-13-12. Of MatNtuCk, In Section 100-239.4B, applicant is 7:40 p.m. Appl. No. 4453 requesting to construct a deck addition EDWARD and EVELYN said Zounty, being my sworn, says that he/she to dwelling which will be less than the HALPERT. Based upon the 11/18/96 required 75' from the existing bulk- Action of Disapproval by the Building is Principal Clerk of THE SUFFOLK TIMES, a head. Location of Property: 2515 Inspector, applicants am requesting Weekly Newspaper, published at Mattituck, in Calves Neck Road, Southold, NY; Variance under Article XXIV, Section Parcel #1000-70-4-45.5. 100-241-A&C, and Section 100-243A, the Town of Southold, County of Suffolk and 7:05 p.m. Appl. #4456 - FRANK for the proposed alteration and second and PATRICIA REILLY. Based upon floor addition (expansion) of a noncon- State of New York, and that the Notice of which the 01/06197 Action of Disapproval by forming building which has contained a the annexed 1s a printed copy, has been regular- the Building Inspector under Article nonconforming (preexisting) living IIIA, Section 100-30A.3, applicant is unit, separate and accessory to the main ly published in said Newspaper once each week reyuesti,-ngrto construct an addition to dwelling, at 2125 7bwn Harbor Lure, for weeks su Cesslvel m enci art AwelQng which will exceed the Southold, NY; County Parcel /1000 yr ~,jrf ng required 35' front yard for this maiden- 66-1-31. Zone: R-40 Residential. the day of 19 _ • list premises. Location of Property: 25 Property size: 1.45± acres. County _East Side Ave., Mattituck, NY; Parcel Parcel No. 1000-66-1-31. Zane: M-31. #1000-99-3-18. 8:00 p.m. Appl. No. 4455 - JOHN 7:15 p.m. Carryover Hearing: Appl. and CATHLEEN HARRISON. This CHRISTINA VOLINSKI No. 4410 - GARY SACKS and is request for a waiver under Section Notary Public. State of New BOARD OF APPEALS ALAN SCHLESINGER. Based upon 100-26, based upon the 11/14/96 Action No. ,5004884 TOWN OF SOUTHOLD the July 16,19% Notice of Disapproval of Disc Qualified in Suffolk Count LEGAL NOTICE from y the Building Inspector, applicants Inspector. . The The Disapproval Building the Inspector Budor hasding Commission Expires November 23, 19 incipaLClerk NOTICE IS HEREBY GIVEN, pur- request a Variance under Article XXIH, determined a merger under Article it, suant to Section 267 of the Town Law Section 100-239.4B for a proposed Section 100-24A because they have and the Code of the Town of Southold, deck addition within 75 feet of bulk- been held in common ownership at the following applications will be held head, at 125 Mesrobian Drive, Laurel, sometime after July 1, 1983. Property SWOrn before mC th for public hearings by the SOUTHOLD NY; Parcel #1000-145.4-7. Location: 1225 & 1227 Pine Neck day O TOWN BOARD OF APPEALS, at the 7:25 p.m Appl. No. 4448 - Road, Southold, KY. Parcel #1000-70- Southold Town Hall, 53095 Main Road, MARIA ANDRIOPOULOS. Based 5-36 & 37. Zone: RdO. Size of lot Southold, New York 11971, on upon the 11121/96 Action of Disap- when created less than 20,000 id. THURSDAY, FEBRUARY 6, 1997, proval by the Building Inspector under 8:15 p.m. Appl. No. 4401- DAVID as noted below: Aoicle_XJO16gSection .100-239.48, DEFRIEST~ u TeauL-Carryover 6:45 p.m. North Shore Yacht Sales, applicant Is requesting a variance for hearing, continued from 11/14/96, and Appl. #4458 - MICHAEL HUGH- the location of a portion of a proposed from 12/12 per applicant's request. Use ES. This is a request for a special deck addition within 75 feet of an exist- variance is requested for a car rental exception under Article X, Section 100- ing bulkhead at 1605 Westview Drive, business concerning property located at 101, B12 for new and used boat sales at - Mattituck; County Parcel #1000-1074- 73625 Main Roady Greenport, NY; 11500 Main Road, Mattituck, NY; 9. County Parcel No. ;1000-45.3-2' Zone Parcel #1000-122-3-6. Zone district: B 7:30 p.m. Appl. No. 4452 - District: LB Limited Business for Business. (Site owner: Harvey CHRISTINA RIVERA. Based upon entire parcel. Bagshaw) the 1/14/97, Action of Disapproval by The Board of Appeals will at said 6:50 p.m. Appi. No. 4454 - SAL, the Building Inspector under Article time and place hear any and all persons VATORE and IRENE ARIOSTO. IIIA, Section 100-30A.3, applicant is or representatives desiring to be heard Based upon the 10/09/96 Action of requesting a variance for permission to in the above applications. Written com- Disapproval by the Building Inspector locate a portion of a proposed addition ments may also be submitted prior to under Article III, Section 100-33, appii- to dwelling for which a portion will be the conclusion of the subject hearing. cant is requesting to locate a storage "e' located at less than the required 40 ft. The above hearings will not start building (as built) in the front yard area. front yard setback from Inlet Drive, and'" before the times designated, and some Location of Property: 110 Selah lane, a small portion of steps less than the may be carrydver heerfngs. The files Mattituck, NY; Parcel #1000-106-09- required 40 ft. front yard from Sound may be reviewed during regular busi 4.8. Beach Drive. Property Location: 250 ness hours for updates or new informa- 6:55 p.m. Appl. No. 4457 - Sound Beach Drive and Inlet Drive, lion. If you have questions, please do JAMES and DIANA MINOQUE. Mattituck, NY; County Parcel #1000- not hesitate to call 765-1809. Based upon the 01/03/97 Action of 99-1-16. Zone: R-40 Residential. This Dated: January 21, 1997. Disapproval by the Building Inspector parcel consists of approximately 40,000 BY ORDER OF THE SOUTHOLD under Article IIIA, Section 100-30A.3, sf. in total area. TOWN BOARD OF APPEALS applicant is requesting to construct an 7:35 p.m. Appl. No. 4451 - MAR. GERARD P. GOEHRINGER, addition to dwelling which will exceed IAN JEAN PRAUS. Based upon the Chairman the required 20% lot coverage at this 12/06/96 Action of Disapproval by the 8838-ITJ23 LEGAL NOTICE p.m AppL#4456- struction, as but xisting may also be submitted prior BOARD OF APPEALS FOR and PATRICIA bulkhead at 217SFas 'sau Point the conclusion of the subje, TOWNOFSOUTHOLD REILLY.Based upon the01i06/ Road, Cutchogue, NY: County hearine.The above hearings wi 97 Action of Disapproval by the Parcel #1000-104-13-12. - not start before the times desiL Building Inspector under Article 740 p.m. Appl. No. 4453- rated, and some may b NOTICE IS HEREBY IIIA,Section 100-30A.3,appli- EDWARD AND EVELYN carryover hearings. The tilt GIVEN, pursuant to Section 267 cant is requesting to construct an HALPERT. Based upon the I I/ may be reviewed during regula of the Town Law and the Code addition to dwelling which will 18/96 Action of Disapproval by business hours for updates o of the Town of Southold, the exceed the required 35' front the Building Inspector, appli- new information. If you hav. following applications will be yard for this residential premises. cants are requesting a Variance questions, please also do ne held for public hearings by the Location of Property: 25 East under Article XXIV, Section hesitate to call 765-1809. Side Avenue, Mattituck, NY; 100-241-A&C, and Section 100- Dated: January 21, 1997 SOUTHOLD TOWN BOARD Parcel # 1000-99-3-18. 243A, for the proposed alteration BY ORDER OFTHI OF APPEALS, at the Southold 7:15 p.m. Carryover Hearing: and second floor addition (ex- SOUTHOLD TOw`~\ Gown Hall, 53095 Main Road, AppL #4410- GARY SACKS i pansion) of a nonconforming BOARD OFAPPEAL~ Southold, New York 11971, on and ALAN SCHLESINGER. I building which has contained a GERARD P THURSDAY, FEBRUARY 6, Based upon the July 16, 1996 nonconforming (preexisting) liv- GOEHRINGER, Chairmar 1997 as noted below: Action of Disapproval by the ing unit, separate and accessory I X-123/97(7 6 6:45 p.m. North Shore Yacht Building Inspector, applicants to the main dwelling, at 2125 Sales, Appl.. No. 4458 - request a Variance under Article Town Harbor Lane, Southold, MICHAEL HUGHES. This is XXIII, Section 100-239.4B for NY County Parcel #1000-66-1- a request for a special exception a proposed deck addition within 3I.,Zone: R-40 Residential. under Article X, Section 100- 75 feet of bulkhead, at 1325 -Property size: 1.45+/- acres- 10 1, B 12 for new and used boat Mesrobian Drive, Laurel, NY; County Parcel No. 1000-66-1- sales at 11500 Main Road, Parcel # 1000- 145-4-7. 31. Zone: M-31. Mattituck, NY; Parcel #1000- 7:25 p.m: Apply No. 4448- 8:00 p.m. Appl. No. 4455- 122-3-6. Zone district: B Busi- MARIA ANDRIOPOULOS. JOHN AND CATHLEEN ness. (Site owner: Harvey Based upon the 11/21/96, Action HARRISON. This is arequest Bagshaw). of Disapproval by the Building for a waiver under Section 100- 6:50 p.m. Appl. No. 4454- Inspector under Article XXIII, 26. based upon the 11/14/96 Ac- SALVATORE and IRENE Section 100-239.4B, applicant is tion of Disapproval by the Build- ARIOSTO. Based upon the requesting a variance for the lo- ing Inspector. The Building In- 10/09/96 Action of Disapproval cation of a portion of a proposed spector has determined a merger by the Building Inspector under deck addition within 75 feet of under Article II, Section 100- Articlelll,Section 100-33C, ap- an existing bulkhead at 1605 24Abecause they have been held 'plicant is requesting to locate a in common ownership at some- storage building (as built) in the Westview Drive, Mattitucky front yard area. Location of County parcel #1000-107-7-9. timeafterJuly 1, 1983- Property 1225 Property: I LO Selah Lane, 7:30 p.m. Appl. No. 4452- Location: & 1227 Pine NY. Mattituck, NY; Parcel #1000- CHRISTINA RIVERA. Based Neck Road, S Sou outhold, Par- 106-09-4.8. upon the 1/14/97, Action of Dis- cel 70-5-36&37. Zone- 6:55 m . A L #4457- approval by the Building Inspec- 40. Size ize o of lot when created'tess P PP than 20,000 s.f. ~ JAMES and DIANA for under Article II1,4, Section MINOQUE. Based upon the 100-30A.3, applicant is request- 8:15 p.m. Appl. No. 4401- in variance for to DAVID DEFRIEST as Tenant. 01/03/97 Action of Disapproval g a permission by the Building inspector under locate a portion of a proposed ad- Carryover hearing, continued dition to dwelling for which a from 11/14/96, and from 12/12 Article BIA, Section 100.30A.3I o perapplicant's request. Use vari- applicant is requesting to con- portion will be located at less strict an addition to dwelling than the required 40 ft. front yard ante is requested fora car rental which will exceed the required setback from Inlet Drive, and a business concerning property o small onion of steps less than located at 73625 Main Road,' 0% lot coverage at premises. p Greenport, NY; NY; County Parcel Location of Property: 5650 New the required 40 feet front yard erty No. 100045-3-2. Zone District: from Sound Beach Drive. Prop- Suffolk Ave. Mattituck, NY; f LB Limited Business for entire i Location:250SoundBeach arcel. Parcel #1000- 115-10-6. 7:00 p.m. AppL No. LOIS Drive and Inlet Drive, Mattituck, p The Board of Appeals will at T. ANDERSON. Based upon NY; County Parcel # 1000-99- 1 - saiTheBoarfAhear any and the 01/03/97 Action of Disap- 16. Zone: R40 residential. This all persons or representatives proval by the Building Inspector 11 parcel consists of approximately desiring to be heard in the above under Article XXIII, Section 40,000 sf. in total area. 100-239.4B, applicant is request- 7:35 p.m. AppL No. 4451 applications. Written comments' ing to construct a deck addition MARIAN JEAN PRAUS. I to dwelling which will be less Based upon the 12/06/96 Action than the required 75'fromtheex- of Disapproval by the Building isting bulkhead. Location of I Inspector under Article XXIII, Property: 2515 Calves Neck Section 100-239.4B. applicant is "7q L Road, Southold, NY; Parcel requesting a variance for ap- 3 r #1000-70-4-45.5. proval of steps and deck con- M COUNTY OF SUFFOLK STATE OF NEW PORK 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, cot ~e ncing on the ..3........... ,19.. daya ...............L/ Sworn to bef re me this....... ....day of .19. 7 4. Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qualified in Suffolk Countif Commission Expires 1 I'9$ APPEALS BOARD MEMBERS Z~ GG Southold Town Hall Gerard P. GoehrinBer, Chairman v 9 c ~ ~ 4 53095 Main Road Serge Doyen y y x P.O. Box 1179 James Dinizio, Jr. p • Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora 1 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 22, 1997 Dear Applicant: Please find enclosed a copy of the Legal Notice confirming the date of the public hearing for your application to be held Thursday, February 6, 1997. This notice was published this week in the Times-Review by our office. Also enclosed is a sign to be posted by you within 10 feet from the front property line (facing the traveled street). The Affidavit of Posting must be signed and returned to our office as soon as may be possible, after the sign has remained in place at least seven days. (The sign may remain in place longer, which is always preferred.) Please feel free to stop by, or call us, during the last few days of processing to review any updates or communications that could be added to the file. Very truly yours, Enclosures Linda Kowalski P. S. Enclosed is a copy of the "standards" of law for your use. Please note that different standards of law apply in different appli- tions, i.e. "area standards under New York Town Law" apply to most variance applications, "waiver standards under 100-26" apply to merged lots as per 100-25 (different than area standards). "Land use standards of Town Law" apply to use variances. "Special Use Excep- tions" under Town Law and Zoning Code standards 100-263 thru 100-265. f~-DDi i T'6 BECK - UQeIa E 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: tAOP-6 nd~~c~ o~.~~s P DATE OF PUBLIC HEARING: 11u Fc, b,, 41 1 qq*o7 P 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 JeeSS T-Pftt4 7 1 1~ Note to Applicant: Please try not to remove sign until day of the hearing. Only seven full days is required for posting, but it may, of course, remain longer. Thank you. BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of 00 I L _---__Y COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I,~or~o_ a•.ar~a~oJ\ residing at `i'I-W OAJr',dAe-. L..~ne. New York, being duly sworn, depose and say: J That on the 2A day of -a 0 -''y, 1991, I personally posted property known as " \Gos laes+V „d.u Ae've- ~ott\A 0-V " by placing the Town's official poster sign ten (10) feet, or closer, from the front property line where it can easily be seen from the street, and that I have checked to be sure the poster has remained in place for seven full days prior to the date of the pubiic hearing (date of bearing noted thereon to be held Fe~,rJ~ ~y 6 , 199_J-) Dated: Fed,..,. 1991. O i /dew ~ (to before me this . day of F rew 1992 Public SIA66 at N" SAALJOHI 3 Yak /Lotary~ ubli ' NoteYN po.31-~T Cpyptyq-7 oudltled in t 1 V0* 10, 191= Commission F10 specific parcel(s), notice shall be provided pursuant to Chapter 58. II. Chapter 58 is hereby added to the Town Code of the Town of Southold as follows: Chapter 58 NOTICE OF PUBLIC HEARINGS 1. 58-1. Providing Notice of Public Hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an applica- tion is complete, the board or commission reviewing the same shall fix a (If ads tonal space is needed, attach peg. the same size as this she;.i, and num~er each-) DOS-?79 (Rev. ;.9 q t t) , 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 prop- erty 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 -very property which is across from any public or private street from the property included in the applica- tion. Such notice shall be made by certified mail, return receipt re- quested, 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 5le an affidavit that s/he has ccmplied with this provision. APPEALS BOARD MEMBERS C4SOfFQJ/re ~O OG Southold Town Hall Gerard P. Goehringer, Chairman y` 53095 Main Road Serge Doyen r°n x P.O. Box 1179 James Dinizio, Jr. p ,F Southold, New York 11971 Robert A. Villa y~~~ ~~p! Fax (516) 765-1823 Lydia A. Tortora # Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Feb. 6, 1997 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4448 Project/Applicants: Maria Andriopoulos County Tax Map No. 1000- 107-7-9 Location of Project: 1605 Westview Drive, Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Portion of proposed deck addition within 75 feet of existing bulkhead - This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law n44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990).. Although this action is classified as Type II for this variance application under SEQRA (specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. FFO(,~ JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK Cn 2 4 P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax (516) 765-1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: November 22, 1996 RE: Zoning Appeal No. 4448 - Maria Andriopoulos Transmitted herewith is Zoning Appeal No. 4448 - MARIA ANDRIOPOULOS for a variance. Also included is: computer printout of Parcel Master File Inquiry; hand drawn sketch of back of house property; hand drawn sketch of new deck; Short Environmental Assessment Form; ZBA Questionnaire; and Notice of Disapproval from the Building Department, dated Nov. 21, 1996, with application attached. CFN11PI1;II MA II I1 f:11111N IMF pl "FU"FSIFI) Ih)nllll Uf _~I'I't'.nLS, lU1VIJ OF SUUI IIUI U-_-_.__• lit) I ICF. In Ilse h1.111cr of the I'c1111un of .I,1) 1)f-iltc.l.uwtt nl.$putltnltl., pnopEUTY 01010" UuatJ yl, App.~ml.._lk lu tltc \~~Aare } ~.t~tfssa M. 10: kG'65 C~~>t /11J ~rwe" (ve1-4,taC_v<t W ItSSZ `"ii1"del YOU ARE' llliltl'9Y (""V"I li"II(.1 eals of the lowll Of 1. 111M it is the Inlcntioll of the ondelsigiled to petition the Huard of nl I lau-~1:) Ic1.rr.le cllr,lcl.,l 1 to Icquctl -t:tE ce (Special lixceptinn) (Speclal l'crmil) (O and is drs Yo"' Plnpri 1'. _ 1. I hat Ihr propel ry which n the subIrc 1 of be Petition is totaled ac ice nl 110 ni6rd as lollowt - which is the SAW of such Petition is located in the (npuwt„g rnni1,P, 1 ismr 1 llldl tile pioprlly - lo~n~2 Yo tl lclh• 1 I1~•~1 b), such 1'c\llllun, Ills nodelsy nrd will request 0"' 1411111\ Fo--.1~SO•#ca•..sN. cnh.--IP ri4lan r~. qh ..It It In Ills n:11c( souphl by Ilse uno 5. IhTI the prnvlstorss of Ihr Soolhollt 1 own Zoning Cadge UPI~n~-_._-.-__ v~ 11,,1' Gpcl_lon___~QQ= Z3_} 1 k2 sigoed ale Arti.c:J.e .$X-'~'_---- . _ a written I'etlilun requesting i1lYlnllnla 1r 11 rn 0lnlrflirt e ill 6. ""1 be Ined,lithe'rsan,rerduling l rleguL,r lc~ Ilce I,outsat h115LGlcra)Ii5 ~J~OU91d, New Yolk and Y exa Iullied , It public hearing mutt be held on the nnlr fly Ilse a I'll 6elure the relit( suttht may be gl lhr nonce of such healing 11,asl bC pub1i51 i1s1huck,W allclmsans ore Hood ul ung Islan you or ywspaprlrs I "Inlblic hav n r Ihal our lepl escnlaliv hr 1 it npprTls:lhat a Ld Traveler-M1 )ubllcallon of such "of Coss Ile Tll,lg 111 Ills 1 owu of Southold and designated for the I rlghl 1. appear and~bge heard at such healing. pclilloncr LIB.. 11o ACsO AU ?I d' OWIlC 1'S' I' amn S1 1 1 Ulllcr.'/sllchcss post Tel No 321"7190 )Copy Irf sketch or plan sh,wlny proposal Lo be a1.Cachelj for r.onvenienr.c t1111'p115eG ~ , PROOF OF MAII,INGQI. NOI IC[ l/nl_rncli CERTI[ IN) NAIL RECEIPTS rynn11; V noolllas P 216 694 624 P 216 694 623 '--P 216 694 628 Receipt for Receipt for Receipt for Certified Mail Certified Mail Certified Mail No Insurance Coverage Provided No Insurance Coverage Provided Do not use for International Mail No Insurance Coverage Provided Do not use for International Mail uu.K$ Do not use for International Mail 7' (See Reverse) (See Reverse) (See Reverse) ,jr r,, N 't ,l~s N 1599 ~s $ ' 3 $ $ ~ Paly. e.l1 Vw Yrl da vm J:rw ; Hess ,D a '--'1 Rewvih oI - R, NV ii~,p Bd 3laiWP." R°~` ,uwwru ; pp o Who. x L .-i vi pp U'+o: J ooa 5 Uaw De Rr H 10 1 IL ; ?..oni ~q r3,e. a,n n,) ;,i e c. a T L' Ip, r~.,- K P t c ar, ptt'NY $p1,~j C .ar r $ rJ~ ~.5 Pmtma z,e 6[ P~ k " }e Qpp ~p~ "'I'l k !]'te e ,0) E Z 9 a E $4l` V-Vj LL AP,~i ,8 ?z G'1'PD ) e 1\c.~vh ovv1~-?~~y E b. Servieyp~ / ° isGo ccst J,I ~fl Vp ° kco c3 e-StJ W Vr"Jf- ?Registered ~Cerfffied N J ? Express Mail ? Insured (f'*'l' t J I K ` „d S Z Ay w 1 \ \ S Z ? Return Receipt for Merchandise 0 COD m 7. Date of Delivery 5. Received By. (Pont Name) 6. Received By: (Print Name) y 8. Addressee's Address (Only if requested -mil ¢ and lee is paid) `m F 0 6. Signature: (AddresseprAgent) g 6. Signature: (Ad ressee or Agen X / CCL l/L~ X RS Form ..3811, December 1994 PS Form 3811, December 1994 Domestic Return Receipt 1.~._Ic,,.fz d•r'sOl~I_Li resldingal F.Ivi~)~~`~_'}}-• bring duly sworll, deposes and says Illat,on lite day "f 1V.a 19 _ deponent mailed a Inge copy of the Notice set Inr1h nn the re - 'I vent side hereof, directed in each of the above named persons as the addresses set opposite shelf respectlve nanlo; shat she addresses set opposll L the tlatnes of 5.111 persons ate the addresses of salt) persons as shown not the cement assessment roll the -f ow l of Southold; Ihal said Noslres were mailed at the liniled States Post Of lice at Nkv,J___~4r:?i_o If jro0; That said Nnsices were mailed In each of said persons by (cersifie,lj (r,im-rcd) retail. Sworn Io tcfrc\file 11115 -a_d_--_-- day of Nola ubllc SCOTT GOLDBERG Notary Public. State of New York No 43-4978698 Qualified in Riehmond County Comrniss.r: r March 11. 92-7 (Ill is side does not. have Lo be comp le Led on form LransnllLled Lo ad,joiif inq property twiler's. I Print Key Output Page 1 5738SS1 V2R3M0 931217 SOUTHOLD 11/21/96 15:17:15 Display Device . . . . . . DSP15 User . . . . . . . . . . . LINDAK PL110-23 W5 TOWN OF SOUTHOLD 11/21/96 *INQ* PARCEL MASTER FILE INQUIRY 15.16.11 Address: 1605 WESTVIEW DRIVE APN: 1000 107 7 9 SEL TYPE EFF DATE EXP DATE EXCPT DESCRIPTION TEXT? 1. TRA 6/13/84 TRANSFER OWNERSHIP PROPERTY Y 2. TRA 6/12/78 TRANSFER OWNERSHIP PROPERTY Y 3. PMT 12/16/69 BP# 4587Z Y 4. TRA 9/05/68 TRANSFER OWNERSHIP PROPERTY Y 5. TRA 7/29/64 TRANSFER OWNERSHIP PROPERTY Y Selection: Cmdl-Prey Screen Cmd7-End Job i ~ The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made Ly this L)oard before any action is taken. SHORT ENVIP.ONMENTAL ASSESSMENT FORM INSTRUCTIONS- (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. - (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically-alter more - than 10 acres of land? _Yes C NO 2. Will there be a major change to any unique or unusual land form on the site? _Yes No 3. Will project alter or have a large effect on ~y/" an existing body of water? _Yes I 4. Will project have a potentially large impact on groundwater quality? _Yes ~No 5. Will project significantly effect drainage flow on adjacent sites? _Yes ~No 6. Will project affect any threatened or endangered - plant or animal species? _Yes No 7. Will project result in a major adverse effect on x air quality? _Yes _No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas w known to be important to the community? _Yes No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Yes /"No 10. Will project have a major effect on existing or future recreational opportunities? _Yes No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes No 12. Will project regularly cause objectionable odors, _ noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes X No 13. Will project have any impact on public health or safety? _Yes No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the -Yes No character of the community or neighborhood? 15. Is there public controversy concerning the project? . ~ _Yes LNo Preparer's Signature: RepreSenting '~~~~L~~=~ -2BA 4/75 • Date: • i 1a.164 12/671-Text 12 PROJECT I.D. NUMBER 617.21 SEO R 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 ISP SOR 2. PROJECT NAME 0. 3. PROJECT LOCATION: Municipality *F L County a. PRECISE LOCATION (Street address and road interrsstellons, prominent landmarks, etc., or provide map) ~(O t7 S LJ V ,E.',/ 01 %VL W } 9 S z 5. IS PROPOSED ACTION: ? New ® Expansion ? Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 'il N'f l_r`S.or o~ cn tt m.~rCr11y c.K 0.n re,v. Eorc2m F=rl4 CE o.n w~flL+..~y CK ~S'C Zvi 1'24fe~~h ~v, L-:C~ 7. AMOUNT OF LAND AFFECTED: Initially - acres Ultimately acres 9. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ? Yes ® No If No, describe briefly \ - - 9. WH}}IAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~j - W Residential ? Industrial ? Commercial ? Agriculture ? Park/ForesUOpen space ? Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAL)? ? Yes I~ Ss, No If yes, list agency(s) and permit/approvals 11. DOES ANY AS 1P1ECT OF THE ACTLiN HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ? Yes IS N- It yep, iis( agency name and permiUapproval 12. AS A RESULT OI~Fy PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ? Yes (31,10 I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE q / Appkcanusoonsor name: 1 w f O OS Date: 1 I I2I I f (p 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 t (Continued on reverse side) QUES' ICNITAIRE FOR FILING WITH YOUR Z.3.A. APPLICATICN A. Please disclose the names of the owner(s) and anv 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 an the real estate market for sale or being shown to prospective buyers? { } Yes ('C) No. (Sf Yes, please a za copy of "ccndit=cns" of sale-) C. Are there aay proposals to r'ange ar alter lane ccntcu s? ( } Yes No D. 1. Are there any areas which contain wetland grasses? W -V 2. Are the wetland areas hcwn on the map submitted with this application? /VO 3. Is the property bulkheaded be~ween the wetlands area and the upland building area? 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 c nstruction at or below five feet above mean sea level? (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkhea' r fess which exist an are not shown on the survey map tFiat you are submitting? If none exist, please state "none." G. Do you have any construc~t/i'on taking place at this time concerning your premises? ~vo 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 r any co-owner also own other land close to this parcel? If yes, please explain where or submit copies of deeds. 1. Please list present use or operations conducted at this parcel CR_,; e.h C_ and proposed use Autncr_zcd Signatur and Cale 3/37,, '_0/901k § 97-13 WETLA MS § 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 W 7_1 ANDS [Amended 8-26-76 by LL_ 'To. 2-1976; 2-2&- 85 by 7. 7 No_ S-19ssk A. 11DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with. or which border on, tidal waters. or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet including but not limited to banks. bogs, salt marsh, swamps, meadows, flats or other low lying lands 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 low xnarrh cordg=i .a (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. § 24-0107, Subdivisions 1(a) to 1(d) inclusive. of tic Environmental Conservation Law of the State of ' ~cw York: and (2) All Land immediately adjacent to a "L-eshivater %vet- land.- as defined in Subsection 3(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater Nvedand.- 9705 s - as