The URL can be used to link to this page

Home My WebLink About4449--------------- -- ------ - - fi'`'t,! S Q- APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold 'Ihwn Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (516) 765-1809 Appl. #4449 ACTION OF THE BOARD OF APPEALS the DATE OF ACTION: 01/16/97 APPLICANT: Scott Patchell LOCATION OF PROPERTY: 1075 West Hill Road, Southold COUNTY TAX MAP DISTRICT 1000, SECTION 70,BLOCK 4, LOT 24 BASIS OF ACTION: Article XXIII, Section 100-239.4B and Article XXIV, Section 100-244 of the Zoning Code for proposal to locate deck a portion of which will be within 75 feet of setback and insufficient side yard setbacks. RELIEF REQUESTED: Variance for sideyards and less than 75 feet from bulkhead for new dwelling (proposed deck). MOTION MADE BY: J. Dinizio SECONDED BY: B. Villa ACTION/ RESOLUTION ADOPTED: Denied, without prejudice. REASONS/FINDINGS: 1. Bulkhead setback relief requested is substantial (approx. 19%). 2. Benefit sought by the applicant can be achieved without the variances. 3. Sufficient land area is available. 4. Alleged difficulty is self-created. Applicant can relocate new dwelling closer to the road so as to permit enjoyable use of the property and at the same time be in conformance with the code. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was unanimously adopted 5-0. ZBA:pc GERARD P. GOEHRINGER, IRMAN Approved for Filing El D BY Town e APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora O�QZu.. -14 e1rd BOARD OF APPEALS TOWN OF SOUTHOLD LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 16,7 1997. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (516) 765-1809 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 Hail, 53095 Main Road, Southold, New York 11971, on THURSDAY, JANUARY 16, 1997, as noted below: designate one yard (other than a front yard) BOARD OF APPEALS TOWN OF SOUTHOLD LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 16,7 1997. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (516) 765-1809 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 Hail, 53095 Main Road, Southold, New York 11971, on THURSDAY, JANUARY 16, 1997, as noted below: designate one yard (other than a front yard) to 6:50 p.m. Appl. No. 4443 - ROBERT COLLINS. This is a request for a Variance under Article III -A, Section 100-30A.4, based upon the July 25, 1996 Action of Disapproval by the Building Inspector, for the location of an "as built" accessory (shed) building, a portion of which is located in the front yard (with the remaining portion in a designated rear yard.) This is a corner lot, and the applicant may designate one yard (other than a front yard) to be a rear yard and the other a side yard. Property Location: 7925 North Bayview Road, Southold, NY; County Parcel 41000-79-4-65. 7:00 p.m. Appl. No. 4447 - MARTY and NOREEN FREY. This is a request for a Special Exception under Article III, Section 100-30A.2B and 100-31B(14a-d) of the Zoning Code, for a new Accessory Bed and Breakfast Use, providing for the transient renting of one bedroom with breakfast in this application, in conjunction with the single-family residency of the owner -applicant at 3395 Skunk Lane, Cutchogue, NY; County Parcel #1000-97-9-11.1. Zone: R-40 Residential. Page 2. - Legal Notice of Hearings Regular Meeting of January 16, 1997 Southold Town Board of Appeals 7:05 p.m. Appl. No. 4445 - MARY TANGNEY. This is a request for a Variance based upon the March 20, 1996 Action of Disapproval by the Building Inspector, as per Article III, Section 100-32 for the proposed insufficient lot area in the proposed set-off of lot situated along a private right-of-way extending from Little Neck Road, Cutchogue; County Parcel #1000-103-5-2.1. The parcel as exists contains 143,020 sq. ft. of land area. Proposed are two lots, one of 40,191 sq. ft. and the other 102,820+ -sq. ft. in this R-80 Residential Zone District. 7:10 p.m. Appl. 4449 - SCOTT PATCHELL, Contract Vendee. (Owner, SAMUEL KIRSCHMAN) . This is an application based upon the applicant's request for a building permit, and the Action of Disapproval of the Building Inspector dated November 20, 1996, for Variances: (a) under Article XXIII, Section 100-239.4B for permission to locate new dwelling, a portion of which will be located within 75 feet of the existing bulkhead, and (b) under Article XXIV, Section 100-244 for insufficient side yard setbacks. Sideyards are required to be 10 ft. and 15 ft,, for a total of 25 feet for both yards. Location of Property: 1075 West Hill Road, Southold, NY; County Tax Map Parcel #100-70-4-24. 1 7:15 p.m. Appl. No. 44465E - BELL-ATLANTIC-NYNEX, as Tenant (MARK AND MARYBESS PHILLIPS, Owners) . Location of Property: A certain portion of farmland identified as 24850 Main Road, Orient, NY; Zone District: R-80 Residential and Agricultural; County Parcel #1000-18-6-5 which contains a total acreage of 10.5+- acres. Applicant, as future Tenant, is requesting: a') a Variance under Article III, Section 100-31, Bulk Schedule, pertaining to a proposed wireless cellular telephone facility tower over a .. __;, Page 3 - Legal Notice of Hearings Regular Meeting of January 16, 1997 Southold Town Board of Appeals height of the required 35 ft. for a principal use, or over 18 ft. if the same is requested as an accessory use (main use at this property is known to be agriculture); and b) a Special Exception under Article III, Section 100-31B (6) for permission to construct 12 ft. x 40 ft. unmanned modular equipment shelter communications facility, and use of a single, wireless tower for public utility communications (cellular telephone transmission) . 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: December 1.9, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski --------------------------------------------------------------------------x FORM NO. 3. TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL pT DATE: AQV, 2Q,_,1996.......... - To _JAMES E. FITZGERALD._?R. (AGENT) I PATCHELL, (CONTRACT VENDEE) P.O. Boa 617SAMUEL KIRSCUMAN, OWNER ........................................ Cutcbogue, N.Y. 11935 PLEASE TARE NOTICE that your application dated..-19OQ.,18>.......... 19.46__, for permit to CONSTRUCT ONE FAMILY DWELLIN WITH DECK AC Y POOL .............................. ... ... ............ at. Location of Property ...)075,WEST_11ILL ROAD SOUTHOLD, N.Y. .............................................. House No. Street Hamlet County Tax Map No. 1000 - Section ... 7Q...... BLOCK ._. ....... LOT ....24....... Subdivision ............................... Filed Map No. .........Lot No. is r o ............ j UNDER ARTICLE XX SECT N 100-239.4 B PROPOSED DECK ADDITION ON DWELLING !J ACCESSORY SW G P L ILL BE LESS T1L1T REQIIIRED 75 FEET SET BACK FROM THE Q� ULKHEAD. UNDER ARTICLE %%IV SECTION 100-244 PROPOSED DWELLING WILL. HAVE ........... .. _, INSUFFICENT SIDE YARD SETBACKS OR THIS NON-CONFORMING LOT OF LESS THAN ............... 20,000 SQ. FT. AND ESTIMATED 4262 SQ, FT. OF PROPOSED CONSTRUCTION WILL EXCEED PERMITTED 3,485 SQ. FT. OF LOT COVERAGE. ALSO UNDER ARTICLE III A SECTION 100-30 A4 ..--••...................................................................................... 100-33 ACCESSORY STRUCTURES (SWIMMING POOL PARTIALLY LOCATED IN SIDE YARD) SHALL BE LOCATED IN THE REQUIRED REAR YARD. ACTION REQUIRED BY THE ZONING BOARD OF APPEALS, BOARD OF TOWN TRUSTEES & N.Y. STATE DEC. APPROVAL TO CONSTRUCT SANITARY AND WATER SYSTEMS ALSO REQUIRED ............................................ FROM THE SUFFOLK COUNTY HEALTH DEPT. ............ . SR.BUILDING INSPECTOR THQHA^asJs.FTSHER_ NOTE: Pools may be located in front yard area of waterfront parcels subject to code requirements. -� d RV 1/80 Qdd� ?J'ztieu.+G? t�ci�'i5.au^` 5 EOAW SOF HEALTH ...... 3 SE- S OF PLANS ............ FORMNO 1 , + r , Yt2t'� sVSURVEY r r a`v fit.„ n,;• . . 0..': TOWN OF SOUTHOLD , . , .CHECK .,,......... , BUILDINGDEPARTMENT SEPTIC ,. FORM..... TOWN HALL r' N.Y. 11971 NOTIFYR`` f� TEL 765.1802 CALL , . , . . ss 'MAI�'TO .,'sdi Examined / f a t a t . y.,y �f>�i , ; i �l C ss ; "eaa ° ; a at 3Jst 'Bv 't d tr �� .vf r"�'�'4't'.GTi $ ". rs"rf +ii.k _d< ! 5, 5 ♦', -i skAt F' I $ t." ¢ ,$y J'i,p fj 'f reproved , ; , ", 19 , , Permit P, No { r 5 $ ix Disapproved T T } ar, ii+�t }' a.:, iit iiea (Building Inspector) i f±." I,' r�.rT 9 t`��i APPLICATION FOR BUILDING PERMIT ,t Date N(I :.t f: INSTRUCTIONS W� r r, �' s'. c � .. . ,... a.. Thus application must be completely filled in by typewriter or in ink and submitted to the,Bpilding Inspectors with 3 r sets of plans, accurate'Plot plan to scale; Fee according to schedule. b. Plot plan showing location of lot and of buildings on'premisesf relationship to adjoining premises or public streets or areas, and giving a detatled'deyscription of layout of property must be drawn on the diagram which is part'of this appli- C1UOnt r..TRad > x {' '• , " ay i k c,r yThe �votkrcoYered by'this apptIcatton may no �e com)nenced before issuance of Budding Permit„ _ t — shall be kept on the premises available for inspection throughout the work; e. No building shall be occupied or used in whole or in part for any purpose whatever shall have been granted byth6'lluildlng Inspector. t4 . j- Cr oil o APPLICATION IS HEREBY, MADE to the Building Dep ark��nneutjfothe issuance of a Building Zone Ordinance of the Town of Southold ,'Sdffolk°Couirty, iJew Ydrk; and othe Regulations, for the construction of buildings, additions or alterations, or for removal The applicant agrees to comply.,with all ppplicsble'iaws` ordinances`, g code, u, admit authorized inspectors on premises and in buil`ding`for necessary i spec until a Certificate of Occupancy �1trz9�' dei.>rra`Fic� Building Permit pursuant to the r applicable Laws, Ordinances or �p�nllon, as herein described. rP/(code, and reeulatfmls, and to pfto�'ER•i' 43ERVI�' '"S ... use orapplicant, or e, if oXion)+ ' • James E. Fitzgerald, Jr. P.G, Sax 617, Cutehogue, NY' 11435 Phane: (516) 734-58t>fl . (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer,' general contractor, electrician, plumber or builder. Applioant is the -,agent of the contract yendeg.. Name of owner of premise; Roberti P +Ghel� •..c;wx�ra(at .vendee. , ... , ,........ . (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. ,, •• (Name and title of corporate officer) Builder's License No • • Plumber's License No. , .'. .:.. : ... . ......... . Electrician's License No . .......: . . .......... Other Trade's License No, ... . • 1. Location of land on which proposed work will be done, , , � 1075 West Hill Road Southold •... �. �.... _ s 'r t .+. . ... jlouse Number, „ t Street Hamlet CountyTax flap No 1000`Sechon %D Block , 4 Lot q % �� Subdivision . tUc, • / y,F'x " • • • + • Fded Atap No Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction Undeveloped a, Existing use and occupancy . . • b tnttendedu#eandioccupancy Si ..... tnily..resSdenne withriacGep qLxy. structures., x wtVt: ohc r 2Ycr1 r - . r 3. Nature of work (check,tvhich ar iicable): New Building . `+ .. s .::. Addi..on ..... r::.. Alteration • : ; ..: . Repair.. , , , : , : F r Removal ' . , .. , :.`i S'..::.Demolition , . I .. Other Work (Description) 4. Estimated Cost :.... !(JfQdD , . Fee . , . , .. ........ . .. .. .. ... ... .. . (to be paid on filing this application) S. If dwelling, number of dwelling units ::..... OnP..... Number of dwelling Units on each floor ::.: RLA.:.:.. : If garage, number of cars ';.!TWQ ....::::..... t :.:: ; ..:: , ::.:.... . 6. If business, commercial or mixed occupancy; specify nature and extent of each type of use ....: %A..... , ... . 7. Dimensions of existing structures, if any: Front . Rear ...::: Depth ....... : a Height .... . .........: Number of Storics .... . Dimensions of same structure with alterations or additions: Front.. Rear ........... Depth .... . ................. Height ..... . ; .... , .. Number of Stories. 8. Dimensions of entire new construction: Front 72 ....:.: Rear.:...N ..::::. Depth :. 4,l%', , ; , , . Height .:.:..:........ Number of Stories .. T.XQ . : 9. Size of lot: Front . .11 M ........ , .... Rear . , ,75 i .. Depth ..9 7.7, ° ,paaC , , , , , , 10. Date of Purchase , TA . contract.. .. , . Name of Former Owner ....... .......... 11. Zone or use district in which premises ate situated , :-,4Q. , .. ... i . l2. Does proposed'construction violate any zoning law, ordinance or regulation: ...:. XA .... ......... . ... . 13. Will lot be regraded . , .. Y.ea....:............... Will excess till be removed from premises: ,X§$ No 14. Name of Owner of premises .See. .be),QV....:. ; Address' ::....... , ::...., .. Phone No....::.::::.. Name of Architect . _ ..................... . Address , . . ,Phone No.. ... ........ . Name of Contractor..: . . ..:..:. .: . .. . Address ;", ... i :.`. I Phone No:, . a .'€ . .. . 15.Is this property located within loo `feet of�a tidai,wetland7 *YES Y,::NOe...,, *If yes, Southold Town Trustees Permit' may,lre required: PLOT DIAGRAM Locate clearly, and distinctly all .buildings, whether existing or proposed, and. indicate all set-back dimensions from property. lines. Give street and block number or description according to deed, and show "street navies and indicate whether interior or cornet lot.. .., ,„,... , 1 Contract vendee: Robert Patchell PO Box 81 MSte.-Jamesport, -NY .11970 (.{ rrew-r c9u�vlEV`r ULA( f3/!~�IW1 . ;,', n STATE OF COUNTY OFNE1V Y f1ICik S'S ..$u. o... : JeAQQ E. , Fitggerald;,, Jr % .. , ... . , . , being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named .i >z lie is the ::agent of the contract vendee.. __.. .. . (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duty authorized to perform or have petfonned the said work and to make`and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith,'" ` Swom to beeffore me this .....day Notary PublicCounty c JOYCE M. WILKINS (signature of applicant) Notary Public. State of New York No. 4952246, Suffolk COU Term Expires June 12,19 V 2 6 #995 lovyn Clerk Southold TOWN OF SOUTHOLD, NEW YORK �.. •/V �a4,''�urct4ar�oe � G4Qrnev.�' APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. qq,41 DATE ._ NO P..2! e 1996 TO THE Z ameG6 B l'i Czgera C(, Tyr. DOFrSOUTHOLD, N. Y. 1, (We) ,,;`!CD_T,v_ii_•;Y3 GGt1@ll¢...Cr.Q41c3k0i .Tf ........ ........ Name of Appellant Cuteho tz@, NY 11935 Municipality Street and Number ..............HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... NOF.:18.,...1�b.................... WHEREBY THE BUILDING INSPECTOR DENIED TO Sage _ate ... ab4Y.e. ........ _._�._a. Name of Applicant for permit of Street and Number ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (%.) PERMIT TO CONSTRUCT 1. LOCATION OF THE PROPERTY Municipality State Street /Hamlet / Use District on Zoning Mop District 1000 Section 70 Block 4 Lot24 _..Current Owner Samuel Ki richman Map No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Section See below* 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No.................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance is requested for the reason that (gee attached, sheet) *PROVISIONS OF THE ZONING ORDINANCE APPEALED: XXIII, 100-239.4B XXIV, 100-244 IIIA,.100-30 A44, 100-33 Fbnn ZB1 (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because - See attached sheet, 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because , See attached sheet.... 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because See attached sheet, STATE OF NEW YORK ) ) ss ..... ......................s.. v COUNTY OF ) % Signat S ' f 'Sworn to this ........... ............................. day of %' �`................ 19 .................. . .... Notary Public / p4hk s 0 Y J Cott iv m Et Eames o M Apphcation of Scott Patchell; SCTM #1000-70-4-24 REASON FOR APPEAL Continued - I 1. STRICT APPLICATION OF TBE ORDINANCE would produce pKr ctical difficulties or unnecessary hardshipbecause`... A.... it would preclude the construction of the residence and the deck in the proposed location, which location is an appropriate location considering the locations, with regard to setbacks be- hind existing bulkheads, of existing surrounding residences, and B.... it would preclude the construction of the retaining wall which is necessary to facilitate the leveling of the southern one-third of the subject properly to permit its beneficial use, and permit the leveling of the area between the retaining wail and the bulkhead which area will be rum -vegetated and non -fertilized and will minimize the flow of harmful run-off into the dredged canal, and C.... it would preclude the construction of the swimming pool and the surrounding patio in the proposed location, which location is the location of choice from the standpoint of practicality and utility and the consideration of the overall layout of the property. An alternative location in which the main axis of the pool is parallel to the main axis of the house would put the pool only IT further from the bullhead; any perceived change in environmental impact, if indeed there is any at all, would be much more than offset by the loss in utility and aesthetic appeal of the proposed location. 2. The hardship created is UN NUE and is not shared by all properties alike in the immediate vicinity_of this nrronorty and in this use district because ... A.... with regard to the setback of the deck behind the bulkhead, at least three adjoining prop- erties immediately to the east of the subject property have structures setback less than 60' be- hind o-hind existing bulkheads, and the property to the west has structure with a setback of less than 30' behind the existing bulkhead, and B..., with regard to the retaining wall, the topography of the surrounding properties and/or their actual utilization is such that the advantage of a retaining wall to permit establishment of a greater proportion of relatively level land on the lots is not required or desired, and C ... with regard to the swimming pool and the surrounding patio, as was alluded to in the commentary concerning the house and deck, the other houses in the area were obviously con- structed when rear yard setback requirements and/or setback requirements behind a bulkhead either did not exist or were less restrictive. REASON FOR APPEAL Continued - 2 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ... ... all of the components proposed (house and deck, retaining wall; swimming pool and sur- rounding patio) in the proposed locations and configurations are in keeping with the customary uses of property in the immediate area and in the Town, both from the standpoint of actual use and from the standpoints of design, construction, and aesthetic appeal. TOWN OF, SO►UTHO�..) PROPERTY RECORD CARD /14 _1)_y OWNER STREET 1,,�2 '� <� VILLAGE --- DIST. SUB. - - LOTJ-- g. /L ale—of TOTAL DATE REMARKS a�ppp a 41/6R. =ORMERWN R J N E ACR. S r S W TYPE OF BUILDING q n :S. SEAS. VL. j FARM COMM.. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS a�ppp a 41/6R. ..2-15-6 %✓�J OO, p. S:z /p! C , Ih� N LJ� J.� �!-(1 �i /Pil 4 L.1, 3/r z Xt;ncsa=��C�6 Q 7� rruC'JJe able FRONTAGE ON WATER _^ odland FRONTAGE ON ROAD adowkm)d DEPTH ise Pial BULKHEAD ,.aj �a.c-„�,., f ,ewe/An9 rp�bl.c wa/er IVES T dwellrn a CP�b/,� water) f3 a, H l L L e/ S. 85`52"40' E. /a.a LOT �. 1 am familiar with the STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE o.f .DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES and wN abide by the conditions set forth therein and on the permit to Construct. The locations of wells and cesspools shown hereon are from field observations and or from data obtained from others.v l Sp. � CERTIFIED TO, SCOTT R. PATCHELL GAYLE PATCHELL PE•CONIC ABSTRACT, INC. NORTH FORK BANK AREA =_16,818 sq.ft. to tie line ELEVATIONS ARE REFERfiNOW TO N.a.VD. 1Z ROAD t4 1 Drib/i c. ✓✓o -ie'" fin 5 a 110.00' e/ mon. 4.v h c. t r� hD LCAT �p 'St 5ep¢G r 4 a cr ` 6nd ANY AL TERA T701V OR ADDITION TO THIS SURVEY IS A VIOLATION �.Z r\ OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW EXCEPT PER SECTION 7209-SUSDIVISION.2. I �r� drnln3 AS ALL CERTFJC4b0Ns HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF vLICN 49618 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR -7C f/6n/Xhead 0.2' �� v/.th Z st 4.8 i spite y J IS MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY a � OF ANOTHER SURVEYOR'S MAP. TERMS SUCH AS 'INSPECTED' AND n STREET � SOUTHOLD, N.Y. 11971 � � O LOT �. 1 am familiar with the STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE o.f .DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES and wN abide by the conditions set forth therein and on the permit to Construct. The locations of wells and cesspools shown hereon are from field observations and or from data obtained from others.v l Sp. � CERTIFIED TO, SCOTT R. PATCHELL GAYLE PATCHELL PE•CONIC ABSTRACT, INC. NORTH FORK BANK AREA =_16,818 sq.ft. to tie line ELEVATIONS ARE REFERfiNOW TO N.a.VD. 1Z ROAD t4 1 Drib/i c. ✓✓o -ie'" fin 5 a 110.00' e/ mon. 4.v h c. t r� hD LCAT �p 'St 5ep¢G r 4 a OT O dwedl;g9 (/iub/iG NL0.fPY� mp- relo-rn t� fwd// 8G /0m47 two SQ./e 74vr hrgha� sir srocc / N 86"43`40" w , / -- 83.44 MAfwna ` / die line along f l , wood b�fKfJPQc<- ��¢ Dredged Canal / Sl �h LOT L.IIwS PER FILED MAP !v 86°SIe0' W. MOO— - SURVEY OF LOT 3 "CALVES NECK"- F2ED SEPT. 919M FELE NO 561-3 AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y 1000-70-04-24 Scale: 1" - 30' Nov. 7, 1996 Nov. /9; t99 . (Oroposacol hs e cr ANY AL TERA T701V OR ADDITION TO THIS SURVEY IS A VIOLATION 1 r\ OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW EXCEPT PER SECTION 7209-SUSDIVISION.2. �r� drnln3 AS ALL CERTFJC4b0Ns HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF vLICN 49618 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR -7C f/6n/Xhead 0.2' �� v/.th Z st 4.8 i spite OT O dwedl;g9 (/iub/iG NL0.fPY� mp- relo-rn t� fwd// 8G /0m47 two SQ./e 74vr hrgha� sir srocc / N 86"43`40" w , / -- 83.44 MAfwna ` / die line along f l , wood b�fKfJPQc<- ��¢ Dredged Canal / Sl �h LOT L.IIwS PER FILED MAP !v 86°SIe0' W. MOO— - SURVEY OF LOT 3 "CALVES NECK"- F2ED SEPT. 919M FELE NO 561-3 AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y 1000-70-04-24 Scale: 1" - 30' Nov. 7, 1996 Nov. /9; t99 . (Oroposacol hs e 96-290 cr ANY AL TERA T701V OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW EXCEPT PER SECTION 7209-SUSDIVISION.2. ' AS ALL CERTFJC4b0Ns HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF vLICN 49618 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR • *` WHOSE MOVATURE APPEARS HEREON. ECONIC SU - S"P� � y ADDITIONALLY TO COMPLY WITH SAID LAW THE TERM 'ALTERED BY' (516) 765 -T IS MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY P. O. BOX 909 ' OF ANOTHER SURVEYOR'S MAP. TERMS SUCH AS 'INSPECTED' AND 1230 TRAVELER STREET BROUGHT-TO-OATE• ARE NOT IN COMPLIANCE WITH THE LAW. SOUTHOLD, N.Y. 11971 96-290 APPEALS ARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora. c 4A W BOARD OF APPEALS TOWN OF SOUTHOLD January 8, 1997 Mr. James R. Fitzgerald, Jr. Proper -T Permit Services P.O. Box 617 Cutchogue, . NY 11935 Re: Your letter dated January, 6, 1997 Variances for Scott Patchell Dear Mr. Fitzgerald: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 I have today received your inquiry with regard to the wording of the Legal Notice in the above application and will try to clarify the nature of the Legal Notice. As you know, all variance requests are based upon the Actions of Disapproval issued by the Building Inspector. In speaking with the Senior Building Inspector today, he indicated that there is no building permit required for a retaining wall (as defined in our zoning code) . Apparently the information presented to him by you indicates the retaining wall is intended to be a soil barrier and not a fence. (Retaining walls of any type will, however, be under the jurisdiction of the Town Trustees and DEC (wetlands and adjacent areas) as those departments deem necessary.) In this particular Notice of Disapproval, the Building Inspector has referred only to the the dwelling with deck (second line, first paragraph) . Without a Notice of Disapproval requiring a building permit and variance relief, I do not find it necessary or proper to advertise for relief regarding construction of a retaining wall, unless it is modified to be a fence -type structure and not a soil barrier. This does not restrict the Board Members in their quasi-judicial status and. they may ask questions regarding the land area and any proposed changes in the land contours within the 75 -ft. setback area between the existing bulkhead and the proposed dwelling on Janu- ary 16, 1997. I hope this will help to answer your inquiry. Please call,me if Page 2 - January 8, 1997 To: Mr. J. Fitzgerald Proper -T Services Re: Scott Patchell Variance you need a further explanation. Very truly yours, Linda Kowalski, Clerk Board of Appeals cc: Board of Appeals Thomas Fisher, Sr. Building Inspector- J,a\ "-A � Y5 Proper -T Permit Services POST OFFICE BOX 617,CUTCHOGUE, NEW YORK 11935-0617 Ms. Linda Kowalski Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application No. 4449; Scott Patchell (Variance) Dear Ms.-K-vwalski: (516)734-5800 January 6, 19 .IAN- 8 1997 i I am concerned by the fact that the Legal Notice regarding this matter does not specifically mention the retaining wall proposed for construction within 75' behind the bulkhead. The pro- posed retaining wall is clearly indicated in the application to the Building Department, is spe- cifically noted in the application to the Board of Appeals, is specifically referred to in Mr. Goehringer's 12/18/96 letter to Mr. Krupski, and is a key component in the proposed project. As you know, it isimportant to the applicant that the review process not be unnecessarily ex- tended. I would appreciate it if you would look into this to insure that there are no last-minute procedural anomalies which could have an adverse effect upon the timely review of the project as proposed. Jam96 E. Fitzgerald, Jr. cc: Thomas Fisher, Senior Building Inspector a subsidiary of THE PECONIC EASTERN CORPORATION o 1 o2s rP7OaJY1e& ; fti l Y`b l M eZ� Mr. & Mrs. Scott Patchell PO Box 81 South Jamesport, NY 11970 Dear Mr. & Mrs. Patchell: Dz-'-'TNi 70-11-ZV March 13, 1997 III��MAR 181997 ' M ' J iij,� The Southold Town Building Department files show that you have recently been granted a building permit for the project at 1075 Hill Road. We are writing to advise you of certain concerns we have regarding the project. Your application for a building permit includes two drawings dated January 21, 1997. These are the same drawings that were presented by your agent, James Fitzgerald, at the Town Trustees meeting on January 21. The two drawings are entitled "Profile View" (revised) and `Project Plan II." The "Profile View" shows: (1) An excavation going 4 feet below existing grade, beginning at the rear of the house and extending to a point close to the bulkhead, resulting in an essentially level rear yard. (2) Six-foot fences along the East and West property lines, from the house to the bulkhead. For about half of their length, the fences are.shown as standing only 2 feet above the existing grade, which means that the bottoms of the fences rest on the excavated property level rather than on the existing grade. . "Project Plan II" confirms that the fences are indeed located right on the East and West property lines. Taken together, the 'Profile View" (revised) and "Project Plan II" imply that there is to be a total excavation of the rear of the property, right up to the East and West property lines. That implies that on each property line, the excavation will end in a vertical cut 4 feet deep (becoming shallower as the land slopes toward the water). We believe that such 4 -foot vertical cuts along the property lines would seriously threaten the roots of our trees and shrubs. Also, it seems clear that retaining walls would be necessary to prevent earthslides and erosion along the vertical faces. All of this is implied in the two drawings. cam.% On the other hand, at the Trustees meeting on January 21, Mr. Fitzgerald stated that you in fact intend to configure the rear of the property in a way similar to that used i °�r„ on the two properties to the East; that is, the lot would be excavated only in the center and would slope upward toward the existing grade at the side property lines. We hope that this statement is correct. (If it is, then the two drawings should be revised.) This approach would seem to be the rational choice, much less radical than a "total" excavation, consistent with the surroundings, and not threatening to our trees and shrubs. However, the inconsistency between the drawings in the file and Mr. Fitzgerald's statement on January 21 leaves us uncertain as to what you intend. We want you to know that if a "total" excavation of the sort implied by the drawings is in fact intended, we will make every.. effort to oppose it by raising the Zoning issues related to any sort of construction within 75 feet of the bulkhead, as well as invoking the law to protect our trees and shrubs. Sincerely yours, William.Guyton yt Eva Guyton cc: James E. Fitzgerald, Jr. -- Proper -T Permit Services Building Department, Town of Southold /--fWa-rd of Appeals, Town of Southold Board of Town Trustees, Town of Southold David T. Devlin 'Lora S. Collins COUNTY OF SUFFOLK ROBERTJ. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING February 7, 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) Patchell, Scott GGN:cc C:\WPWIN601WPDOCS\ZONiNGkWORKING\LDS\FEB\SD4449. FEB Vi Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner 220 RABRO DRIVE 11 P.O. BOX 6100 0 HAUPPAUGE, LONG ISLAND, NY 11788-0099 0 (516) 853-5190 0 FAX (516) 8534044 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax- (5 16) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD l Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of ,Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Can ni.ssion: XX Variance from the Zoning Code, Article XXIII Section 100-239!4B i. Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4449 Applicant: Scott Patchell Location of Affected Land: 1075 West Hill Road, Southold, NY County Tax Map Item No.: 1000- 70-4-4 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 Laid:.' Boundary of. Existing or -Proposed County, State or Federal Park or other Recreation Area i 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 Comments: Applicant is requesting permission.to locate deck a portion of which will be within 75' of bulkhead and insufficinet side yard setbacks opies of Town file and related documenzs enclose Dated : Feb. 4, 1997 or your revilew. Albert J. Krupski, President John.Holzapfel, Vice President Jim King _ Martin H. Garrell Peter Wenczel Janurary 22, 1997 James Fitzgerald Proper -T Service P.O. Box 617 Cutchogue, NY 11935 Re: -Scott Patchell SCTM #70-4-24 Dear Mr. Fitzgerald:: §Z�15_4'1111 FFO(,, o y� C/2 Z BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 3095 Main Road P.O. Box 1179 old j New York 11971 Fax The following action was taken by the Board of Town Trustees during its regular meeting held on, 1997 regarding the above matter: WHEREAS, Proper -T Permit Services on behalf of SCOTT PATCHM applied to the. Southold Town.Trustees for a permit under.the provisions of the Wetland Ordinance of the Town; of Southold,' application dated November 29, 1996, and, WHEREAS., said app.lication.was referred to the Southold.Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public Hearing was held by the Town Trustees -with respect to said application on.December 19,1996 and January - 21,1997 at which time all interested'persons: were given an opportunity to be heard, and, WHEREAS, the'Board members have personally viewed and are familiar with the premises in question and the surrounding and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS., the structure complies.with the standard set forth Chapter 37-18 of the Southold. Town. Code, WHEREAS,. the Board has determined that the project as. pro will not affect the health, safety and -general welfare of people of the town, e (51 6)765-1892 i16) 765-1823 NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees grant a Wetland.Permit to Proper -T Permit Services on behalf of SCOTT PATCHELL to. construct a 4' fence along the bulkhead; a 61 fence on each -id property line from the bulkhead to the rear of the hous.e:,(note: all other activities. will be out of the Trustees jur-isdictici.) and, BE IT FURTHER RESOLVED that this determination should not.be considered a determination made for- any -other- Department 'or' Agency which may also have an application pending for the`sa or similar -project.. Permit to construct project will expire two years_. from, the it is signed. Fees must be paid, if applicable,and. permit issued within six months of the date of this notification. Two inspections arerequired and the Trustees are to be upon completion of said project.. Very truly yours, �bertJ.Rrupski., Jr. President, Board of Trustees AJR/jmd cc: ZBA Bldg. Dept. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora By Regular Mail BOARD OF APPEALS TOWN OF SOUTHOLD January 22, 1997 James Fitzgerald, Esq. Proper -T Service PO Box 617 Cutchogue, NY 11935 Re: Appl . No . 444.9 - Variances for New Dwelling Dear Mr. Fitzgerald: Scott Patchell Southbld Town Hall 53095 Main Road P.O. Box 1179 ithold, New York 11971 Fax (5,16) 765-1823 ephone (516) 765-1809 For your records, please find enclosed a copy of the action of denial rendered by the Board of Appeals at our January 16, 1997 Regular Meeting, at which you were present. Very truly yours, Patricia Conklin PC Enclosure RELIEF REQUESTED: Variance for sideyards and less than 75 feet bulkhead for new dwelling (proposed deck) . MOTION MADE BY: J. Dinizio SECONDED BY: B. Villa ACTION/ RESOLUTION ADOPTED: Denied, without prejudice. REASONS /FINDINGS: 1. Bulkhead setback relief requested is substantial (Approx.- 19%) . 2. Benefit sought by the applicant can be achieved without variances. 3. Sufficient land area.is available. 4. Alleged difficulty is self-created. Applicant can relocate dwelling closer to the road so as to permit enjoyable use. of property and at the same time be in conformance with the code. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio,. Jr1' , Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was unanimously adopted 5-0. / ZBA:pc GERARD P. GOEHRINGER, MAN Approved for Filing APPEALS BOARD MEMBERS G y�c Southold Town Hall Gerard P. Goehringer, Chairman a� 53095 Main Road Serge Doyen c�r� _ P.O. Box 1179 James Dinizio, Jr. p Southoldl New York 11971 Robert A. Villa'.�� app Fax (516) 765-1823 Lydia A. Tortora 1 �` Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD _ Appl. #4449 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: 01/16/97 APPLICANT: Scott Patchell LOCATION OF PROPERTY: 1075 West Hill Road, Southold COUNTY TAX MAP DISTRICT 1000, SECTION 70,BLOCK 4, LOT 24 BASIS OF ACTION: Article XXIII, Section 100-239.4B and - Article XXIV, Section 100-244 of the Zoning Code for proposal to locate - deck a portion of which will be within 75 feet of setback and insufficient side yard setbacks. RELIEF REQUESTED: Variance for sideyards and less than 75 feet bulkhead for new dwelling (proposed deck) . MOTION MADE BY: J. Dinizio SECONDED BY: B. Villa ACTION/ RESOLUTION ADOPTED: Denied, without prejudice. REASONS /FINDINGS: 1. Bulkhead setback relief requested is substantial (Approx.- 19%) . 2. Benefit sought by the applicant can be achieved without variances. 3. Sufficient land area.is available. 4. Alleged difficulty is self-created. Applicant can relocate dwelling closer to the road so as to permit enjoyable use. of property and at the same time be in conformance with the code. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio,. Jr1' , Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was unanimously adopted 5-0. / ZBA:pc GERARD P. GOEHRINGER, MAN Approved for Filing 6`11U p ' � f To: Board of Trustees, Town of Southold From: David T. Devlin & Lora S. Collins 1175 Hill Road, Southold; SCTM 1000-70-4-23 Eva Guyton & William Guyton 975 Hill Road, Southold; SCTM 1000-70-4-25 CC: Zoning Board of Appeals IE Qa x Date: December 18, 1996 U �f 1 8 Re: Request to Postpone Trustee Action DEC 1996 We are the owners of the properties adjacent nt t to h the mpty-lot at 1075 Hill Road, Southold (SCTM 1000-70-4-24). The prospective purchaser of that lot (Scott Patchell) has applied to you for a permit for proposed construction on the lot. You have scheduled this matter for a hearing tonight. We ask that you postpone consideration of this matter until after the Town Zoning Board of Appeals has acted on Patchell's request for zoning variances. The proposed construction -- most particularly the erection of a retaining wall and leveling of the lot -- raises many issues that are different from the Trustees' concerns with the water and wetlands. We intend to raise these issues -- land usage, neighborhood character, quality of life, effect on neighbors, etc. --with the Zoning Board of Appeals. The ZBA is currently scheduled to hear Patchell's petition in January. We understand that if the Trustees approve a project within 75 feet of the water, the ZBA may decide not to review th rojec . While that may be appropriate in many cases, in am ems. this matter it is not because there are major zoning issues related to the retaining wall. Q `�J We therefore request that you postpone your consideration of the matter so as to ly Q ensure that the zoning issues are heard in full. rp To: Zoning Board of Appeals, Town of Southold From: David T. Devlin & Lora S. Collins 1175 Hill Road, Southold; SCTM 1000-70-4-2 Eva Guyton & William Guyton 975 Hill Road, Southold; SCTM 1000-70-4-25 Date: December 4, 1996 EC"51996 ! i; f T'' Re: Appeal No. 4449, filed November 21, 1996 —� P to a We are the owners of the properties adjacent to the empty lot at 1075 Hill Road, Southold (SCTM 1000-70-4-24). The prospective purchaser of that lot, through his agent, filed with you on November 21, 1996 a Petition of Appeal seeking Zoning Code variances for proposed construction on the lot. Petitioner's application for a Building Permit was filed on November 18 and a Notice of Disapproval was issued on November 20. The notification from Petitioner advising us of his intent to file the Appeal described a project with a swimming pool. We understand that Petitioner, by letter to you from his agent dated November 21, has deleted all references in the Appeal to a pool and related patio in order to reduce the lot coverage to an amount allowable under Section 100-244 of the Zoning Code. As thus amended, the Appeal states that Petitioner seeks variances from the following provisions of the Zoning Code: Section 100-239.4 -- Setback from waterfront bulkhead Section 100-244 -- Side yard clearances We intend to raise the issues discussed in this memo at the Board of Appeals hearing. We are submitting the memo now for your information. Setbacks From Bulkhead The lot in question and our adjacent properties are all bulkheaded along the waters of an arm of Jockey Creek. The Building Inspector's Notice of Disapproval states that the deck at the rear of the proposed house, being only 61 feet from the waterfront bulkhead, violates the 75 -foot setback requirement of Section 100-239.4 of the Zoning Code. The Notice of Disapproval says nothing about the retaining wall which Petitioner proposes to erect a mere 12 feet back from the waterfront bulkhead. However, we note that: (1) This "proposed retaining wall" is clearly shown on the plot diagram submitted with Petitioner's application for a Building Permit. (2) It is obvious from the wording of the Appeal that construction of the wall is a key element of Petitioner's plan. (3) The Appeal clearly shows that Petitioner understands that construction of the wall requires a variance from Section 100-239.4. Because Section 100-239.4 prohibits a building within 75 feet of a waterfront bulkhead, and the Zoning Code's definition of "building" includes a wall, we understand that a variance granted by you is necessary for Petitioner to construct the retaining wall described in his application for a Building Permit and in his Appeal. We strongly oppose the granting of such a variance. Petitioner acknowledges on your questionnaire form submitted with his Appeal that he intends to change the existing land contours. What he in fact wants to do is to level the natural slope of the lot by putting in fill behind the proposed retaining wall. Our properties, the lot in question, and all of the land eastward to the point of Calves Neck have a uniform slope downward from the street level to the creek level. Petitioner, however, wants a level rear yard and therefore proposes to reconstruct his lot, making its contours radically different from those of all the surrounding land. Petitioner claims in his Appeal that the lot must be leveled to permit its beneficial use (para. 1 B of "Reason for Appeal"). However, a look at the properties along the creek demonstrates that beneficial use is easily enjoyed notwithstanding the downslope to the water. Petitioner also claims that inability to level his lot will create a unique hardship for him (para. 2B of "Reason for Appeal"). However, the only basis for Petitioner to claim a "unique" hardship is that he wants to do something unique -- that is, build a retaining wall and level his lot. There is nothing here in the way of a unique hardship caused by any unique burden imposed on Petitioner by the Zoning Code. In sum, Petitioner states that in order to obtain the level lot he desires, he intends to buy a sloping lot in a neighborhood of uniformly sloping lots and fill it in behind a retaining wall whose construction requires a zoning variance. We urge you not to allow construction of this wall. The leveling of Petitioner's lot would create a very substantial deviation from the established contour and character of the land in the neighborhood. It would ruin an exceptionally pleasing vista of creekfront land uniformly sloping down to the water. Indeed, if Petitioner were allowed to raise the land 4 feet behind a retaining wall, safety considerations would likely lead to erection of a fence atop the wall, further compromising the vista. Construction of the wall would throw unnatural shade onto our adjacent properties. We believe leveling of the lot would send additional stormwater runoff onto our land, especially because the lot is to a substantial degree made up of clay. There already are runoff problems which have not been solved by the Town's construction of a sump at the north end of the lot. These various consequences would very probably reduce the economic value of our properties. In summary, we believe that any variance which allows construction of the wall, and the consequent leveling of the lot in question, would violate the spirit of the Zoning Ordinance. Other Setback Issues Petitioner proposes to build a house 72 feet wide, a measurement that is out of character with the neighborhood. Our two adjacent houses are 56 and 55 feet wide and no other house along Hill Road is over 60 feet wide. In order to build this large structure, Petitioner seeks variances to permit side yard clearances less than the minimums allowed under Section 100-244 and to permit an enormous deck that would measure 47 x 14 feet and be only 61 feet back from the waterfront bulkhead in violation of Section 100-239.4. Although the proposed house is within the lot coverage requirements of the Zoning Code, its width and deck size are out of character with the neighborhood and we strongly urge you not to grant variances allowing construction with the proposed dimensions. , ^r APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen . James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD January.8, 1997 Mr. James R. Fitzgerald, Jr. Proper=T Permit Services P.O. Box 617 Cutchogue, NY 11935 Re: Your letter dated January. 6, 1997 Variances for Scott Patchell Dear Mr. Fitzgerald: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 I have today received your inquiry with regard to the wording of the Legal Notice in the above application and will try to clarify the nature of the Legal Notice. As you know, all variance requests are based upon the Actions of Disapproval issued by the Building Inspector. In speaking with the Senior Building Inspector today, he indicated that there is no building permit required for a retaining wall (as defined in our zoning code) 'Apparently the information presented to him by you indicates the retaining wall is intended to be a soil barrier and not a fence. (Retaining walls of any type will, however, be under the jurisdiction of the Town Trustees and DEC {wetlands and adjacent areas} as those departments deem necessary.) In this particular Notice of Disapproval, the Building Inspector has referred only to the the dwelling with deck (second line, first paragraph) . . Without a Notice of Disapproval requiring a building permit and variance relief, I do not find it necessary or proper to advertise for relief regarding construction of a retaining wall, unless it is modified to be a fence -type structure and not a soil barrier. This does not restrict the Board Members in their quasi-judicial status and they may ask questions regarding the land area and any proposed changes in the land contours within the 75 -ft. setback area between the existing bulkhead and the proposed dwelling on Janu- ary 16, 1997. I hope this will help to answer your inquiry. Please call me if C Page 2 - January 8, 1997 To: Mr. J. Fitzgerald Proper -T Services Re: Scott Patchell Variance you need a further explanation. Very truly yours, Linda Kowalski, Clerk Board of Appeals cc: Board of Appeals Thomas Fisher, Sr. Building Inspector Proper -T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 Ms. Linda Kowalski Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application No. 4449; Scott Patchell (Variance) Dear.�2s owalski: /Mz/ (516)734-5800 - January 6, 199T+ f `- 1 ON JM i' _i I am concerned by the fact that the Legal Notice regarding this matter does not specifically mention the retaining wall proposed for construction within 75' behind the bulkhead. The pro- posed retaining wall is clearly indicated in the application to the Building Department, is spe- cifically noted in the application to the Board of Appeals, is specifically referred to in Mr. Goehringer's 12/18/96 letter to Mr. Krupski, and is a key component in the proposed project. As you know, it is important to the applicant that the review process not be unnecessarily ex- tended. I would appreciate it if you would look into this to insure that there are no last-minute procedural anomalies which could have an adverse effect upon the timely review of the project as proposed. JamE. Fitzgerald, Jr. cc: Thomas Fisher, Senior Building Inspector a subsidiary of THE PECONIC EASTERN CORPORATION Proper -T Permit Services POST OFFICE BOX 617,CUTCHOGUE, NEW YORK 11935-0617 President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 January 2, 1997 hairman Southold Town Board of Appeals Town of Southold (516)734-5800 Town Hall, 53095 Main Road Southold, New Re: Application(s) of Scott Patchell; SCTM #1000-70-4-24 i JAN". 6 1p Gentlemen: ? `j As was requested by Mr. Goehringer's letter of 12/18/96, the Trustees -deferred -action -on -the----; application before them at the 12/18/96 meeting even though it was stated by the Trustees dur- ing the public hearing that there was no objection to the project from the standpoint of envi- ronmental issues; as a matter of fact, it was stated that the proposed retaining wall and the unvegetated area between the retaining wall and the bulkhead could have the effect of signifi- cantly reducing runoff into the dredged canal. I would appreciate it if, in the requested communication between the two boards before the ZBA variance hearing, that fact could be made clear and agreed upon between you. This would allow the ZBA hearing to be focused on non -environmental issues, and would perhaps minimize any confusion which might result from the overlapping jurisdictions. I must comment that Mr. Goehringer's 12/18/96 letter contains certain significant errors: it re- fers to "the proposed landscaping plan which includes two. retaining walls, and a second bulk- head, all within 75 feet of the existing bulkhead." A landscaping plan was not submitted to either of your boards. The proposed project includes one retaining wall, not two. The project does not include a second bulkhead. Several members of the opposition at the Trustees' public hearing stated that they had been toll that if the Trustees approved the project the ZBA could not, or would not, act on it sepa- rately. Mr Krupski said that that was not correct; the two boards act separately on proposed projects according to their own criteria. Perhaps you can resolve this issue, if indeed it needs resolution. Mr. Goehringefs letter, however, would seem to imply that the decisions of the two boards were interdependent in some way. E. Fitzgerald, PJ a subsidiary of THE PECONIC EASTERN CORPORATION Varlance Seuft l�'t ya/ 66APinew. N�r� �1 a�Fati� !1 �s1Cs -ffie oaf all ySw►m�,rx�' A6711d �'� ��n� gv� wle.,, l Qa1� mh i1 iS dale. �CCO►ot f�' +�r• �S{�S �IC0��6�t5� rni5 C�'�� wi II reoluc+� `Fb��e rop 05 Pd /0-f CvVo t o o CiN Pstt ,,Ae tf, `j�ar16� �u. �iv►�� cmc V 11 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora _ UEFfl(,�coG�� o - ;,✓ , J BOARD OF APPEALS / �yZ r o- � „ TOWN OF SOUTHOLD MEMORANDUM TO: Al Krupski, President, Board of Town Trustees Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FROM: Jerry Goehringer, Chairman, ZBA DATE: December 18, 1996 �v SUBJECT: Town Trustees' Proposed Permit for Retaining Wall/Landscaping within 75 feet of existing bulkhead Calves Neck, Southold 1000-70-4-24 (Kirschman .to Patchell) We have received concerns from an adjoining property owner pertaining to the proposed landscaping plan which includes two retaining walls and second bulkhead, all within 75 feet of the existing bulkhead. Would it be possible to temporarily hold any final action by the Town Trustees until both departments have inspected the property and communicated. The applicant will be providing information at our variance hearing, scheduled for Janu- ary 16, 1997. In the next few days, I will visit the property (and. ask nth ZBA members to inspect � the property in advance of the 17-16- hearing date _ Also, if the Trustees' files have a proposed landscape or similar plan showing the' retaining wall construction details, land contours or other changes proposed landward of the existing bulkhead, please 1, let our office know in order that we may duplicate a set for our records_ Thank you for your assistance. cc: ZBA Members Villa, Tortora, Dinizio, Doyen 6 0 P 110' - .._'M. -- -- _ - �I I 9' 47' --- IN-F�ND"�o01_ IJfM SJ tIUINEr 711710 5' W bE- t�?-6f�"D �ET7uNINCT I,lNl l- Ib' I w(r uATii Two X' �1veNs -- le a 4' 11160 C{JAuJA�b SIDE 96' OVERACL r"—CISTjr67`AUlxll�A'q "�i 2r ry,�� L41Nhl�. PROJECT'PLAN Application for contract vendee Robert Patchell, SCTM #1000-70-4-24 Reppresented b PROPER- MERMIT S6 VICES P.O. Box 617, Cutchogue, NY 11935 James E. f itsgemld, Jr. 516-734-5800 November 18, 1996 It �sF� qd �16' IN-�ND'1�1101 Wrn� �ro1�T 7JF,T(o K)E!S-F +k l LI - eDFb 1ID' �— r"xlsrlrl� �utxilt=a'�� '�2r�� LtANr4L-. rrs, k6lia�� REMININCr- UAALI- 86' ICN&- LMTR 7w 'MI f�aWet'rS — 4' 111,514 Co Zma"Llb Sw-- 96' ovneAct- PROJECTPLAN Application for contract vendee Robert Palchcll, SCTM #1000-70-4-24 Reppresented by Pi2OPER-T PERM SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitigcrald, Jr. 516-734-5800 November 18, 1996 Proper -T h Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 N Mr. Gerard Goehringer, Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 exqua-LLr.kytyp -- DEC -.21996 � �,i Re: Application for a Variance, SCTM #1000-70-4-24- Scott Patchell (516)734-5800 Dear Alk-Gsehringer:��- Yesterday I submitted the referenced application for a variance to the Board of Appeals office. I learned that it was likely that the hearing would not be scheduled until a meeting of the Board in February. I would like to request that the Board agree to hear this case at the early January meeting. The reason for the requested special consideration is that my client is a contract vendee and the contract, a copy of which is part of the submission, indicates that 90 days from the date of the contract the contract may be terminated. The 90 -day limit expires on January 15, 1997. The application was revised immediately after it was submitted by eliminating the originally re- quested swimming pool with the hope that this change would facilitate review and approval of the variances required for the construction of the house, deck, and retaining wall. Approvals are required from the Town Trustees and the Health Department also, and there is every reason to expect that they will be in hand by January 15th. We would very much appreciate your favorable consideration of this request, and if there is anything else I can do to assist in that, please let me know. Sincerely, Jimes E. a subsidiary of THE PECONIC EASTERN CORPORATION APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD December 26, 1996 Mr. Jim Fitzgerald Proper -T Services, Inc. P.O. Box 617 Cutchogue, NY 119— Re : Appl. No. 4449 --S. Patchell (Variance) Dear Mr. Fitzgerald: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Please find enclosed a copy of the Legal Notice placed for publication this week by our office. Also enclosed is the Poster for placement within 10 feet of the front property line for seven full days, not counting the day of the hearing. Once the poster has been placed, please complete the attached Confirmation of Posting and return it to our office either by mail or hand delivery for our update and file. Please be sure to check that the Notice has not been removed by winds or other reasons . If it has been removed, let us know and we will furnish you with another notice . In the next week or so, it is expected that Board Members will individually visit the area and view the staking of the proposed new construction which is the subject of zoning relief. If the stakes have not been placed, please place them as soon as possible. Just as a reminder, attached is a copy of the standards necessary for an "area variance" which should be addressed during the hearing for record purposes. Please call us if you have any questions. Very truly yours, Linda Kowalski Enclosures Se}�b�-c�k less aiV 75, NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOAR® OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: APPUC4 Ar& ScaTr PiqTe NELL 5A/14 uEL K&i rSµMA1�J DATE OF PUBLIC HEARING: urs. �'(�N. IGo I�q`�`a-��/0�•"�- 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 :of 1 --of he `cni-ri 0 p.m. Appl.. No. 4449 Scud PATCHELL; Con- tract- Vendee. (Owner. This is an application based upon,- the applicant's request for a` .building permit, and the Action :of Disapproval of -the: Building ; Inspector dated Novej:A!W20 1996, for Variances: (a}undecs _ Article.XXIII,. °Section X100=x= ,239AB-forpermission to locate= new dwelling; apor ci nofwhich:•. will be located:within;75 fee"t o£�. ;the_existing.bulkhead;; and. (b). _ .,. - _ .. _ ..• ...:. - - I 6 50'.p.m _ Ap LN&.` 4443 underArticlp: XXIV; Section ROBERT.COLI:I1�TSvis,a -X00=24";f or:msufficient-sid'e;. `l', .. iequest;foraVarianceundei~A ,d �y&&setbacks:•,Sideyards_arere-; ticlejaI Se"ctiijii .LO.0 33 .4 quired to be l0: ftc and LS ft ,;for . based upon_ the �iily r25;; ;199..6;; a total:. 25 feet Lfo'r botfi yards: Action-.of;Disapproval�by tlie;_ •LocationofProperty' 1075 West : Building Inspector;foitheloca- Hill^Road; ;Southold,.,NX;,: (shed) building, a portion of which is located in the.front yard (with the remainingpo, on:m a -.- designate designatedrear yard.,):Thistis,�a,` corner lot, and the applicant may = E designate one yard' (other than a front yard) to be a rear=}+ard`and ` the other, a sicle'yard :-Property Location: 7925 Nortli-.Bayview - Road, Southold; NY `County, - Parcel #1000-79=4=65.�� `' -7:00 p.m Applallo'4447-- MARTY-AND-, NOREEN FREY. This, is* a request.for':, a.= Special Exception under Article III, Section 100-30a.2B and 100- 31 B.(14a-A) of the Zoning Code,'- -for a new- Accessory. Bed and Breakfast Use; providing'for the transient renting of one bedroom, with breakfastin this appl%atiori; m conjunctiow,wi the single= family residency of the awnenr- applicant at 3395 Skunk'I ae; Cutchogue, NY; County Earcel;_ #1000-97-9=11.1- Z6ne:'R-40 1 Residential..-. 7:05 p.m: --Apel. -No: � 4'445- MARY TANGNEY.4-This is a . request ,for a Variance --based upon the March 201"1996'Action of Disapproval by the Building Inspector, as per Article III; Sec- i tion 100-32 for the proposed in- sufficient lot area. in the proposed - set-off of lot situated along a pri- vate right-of-way extending from Little' neck Road, Cutcliogue;. County -Parcel ' 1000-103-5-2:1: The parcel- as exists contains 143,020'sg.'fu landarea::Proposed are two lots,- -one, ots;-one- of 40,19 L'sg , ,fL-, and..,the--,,. other.' 102,820+- sq..fl_st}is`.R= 80 Residential Zone District - Tenant, Tenant, is requesting: ,_ ;. a) under a Variance Ai tide:- III;`Section IOU=31;.Bulk Sclied=" ule,.pertaming'to a` proposed_ wirelesscellularteIephone ea61-"" ity'tower ove�a'`��height'of'ttie -'re—'a a 35 fLfor a principal iise-,. `- `orover 148'f'.if tfie same. is re= -'quesfe"d as `an_ accessory use (mairL;.use.at. this property„ is.,. Rk_nowb::to;be;agriculture);:and:: =" b) a.Specal Exception under : ' , Article•III,;Sectiom,100=31B(6);;1 for permission to construct 12 ft..,- -X, 40 :ft::unmanned modular:. -1 equipment shelter commumca- tions facility, anduse of a single, wireless tower for public utility . communications (cellular tele- phone transmission). The Board of Appeals will at saidtitns.and placehear any and _ all persons or. Yepreseniatiyes_ desiring to be heard in the above ' applications. Written comments . may also be submitted prior to the conclusion of the subject i hearing-ne above hearings will. not COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for ...........................L.................. weeds successively, ommencing on the .................... day...................................................... .19.19..E . .... ........... Sworn to before me this ........................... day of �. ..................... .19 ....... � ..... .�-�..•.:- • Notary Public BARBARA A. SCHNEIDER NOTARY pUBUC, State of New York No. 4806848 Qualified in Suffolk County Commission Expires $ l 1918 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: December 19;1996'=_,. BY:ORDER;OETHE, SOUTHOLD_TOWN- _,j—,Jy 'BOARD OF APPEALS OWN OF:SOUTHOLD....-. LEGALNOTdCE r =" NOTIGF=IS HEREB.Y;:: :of 1 --of he `cni-ri 0 p.m. Appl.. No. 4449 Scud PATCHELL; Con- tract- Vendee. (Owner. This is an application based upon,- the applicant's request for a` .building permit, and the Action :of Disapproval of -the: Building ; Inspector dated Novej:A!W20 1996, for Variances: (a}undecs _ Article.XXIII,. °Section X100=x= ,239AB-forpermission to locate= new dwelling; apor ci nofwhich:•. will be located:within;75 fee"t o£�. ;the_existing.bulkhead;; and. (b). _ .,. - _ .. _ ..• ...:. - - I 6 50'.p.m _ Ap LN&.` 4443 underArticlp: XXIV; Section ROBERT.COLI:I1�TSvis,a -X00=24";f or:msufficient-sid'e;. `l', .. iequest;foraVarianceundei~A ,d �y&&setbacks:•,Sideyards_arere-; ticlejaI Se"ctiijii .LO.0 33 .4 quired to be l0: ftc and LS ft ,;for . based upon_ the �iily r25;; ;199..6;; a total:. 25 feet Lfo'r botfi yards: Action-.of;Disapproval�by tlie;_ •LocationofProperty' 1075 West : Building Inspector;foitheloca- Hill^Road; ;Southold,.,NX;,: (shed) building, a portion of which is located in the.front yard (with the remainingpo, on:m a -.- designate designatedrear yard.,):Thistis,�a,` corner lot, and the applicant may = E designate one yard' (other than a front yard) to be a rear=}+ard`and ` the other, a sicle'yard :-Property Location: 7925 Nortli-.Bayview - Road, Southold; NY `County, - Parcel #1000-79=4=65.�� `' -7:00 p.m Applallo'4447-- MARTY-AND-, NOREEN FREY. This, is* a request.for':, a.= Special Exception under Article III, Section 100-30a.2B and 100- 31 B.(14a-A) of the Zoning Code,'- -for a new- Accessory. Bed and Breakfast Use; providing'for the transient renting of one bedroom, with breakfastin this appl%atiori; m conjunctiow,wi the single= family residency of the awnenr- applicant at 3395 Skunk'I ae; Cutchogue, NY; County Earcel;_ #1000-97-9=11.1- Z6ne:'R-40 1 Residential..-. 7:05 p.m: --Apel. -No: � 4'445- MARY TANGNEY.4-This is a . request ,for a Variance --based upon the March 201"1996'Action of Disapproval by the Building Inspector, as per Article III; Sec- i tion 100-32 for the proposed in- sufficient lot area. in the proposed - set-off of lot situated along a pri- vate right-of-way extending from Little' neck Road, Cutcliogue;. County -Parcel ' 1000-103-5-2:1: The parcel- as exists contains 143,020'sg.'fu landarea::Proposed are two lots,- -one, ots;-one- of 40,19 L'sg , ,fL-, and..,the--,,. other.' 102,820+- sq..fl_st}is`.R= 80 Residential Zone District - Tenant, Tenant, is requesting: ,_ ;. a) under a Variance Ai tide:- III;`Section IOU=31;.Bulk Sclied=" ule,.pertaming'to a` proposed_ wirelesscellularteIephone ea61-"" ity'tower ove�a'`��height'of'ttie -'re—'a a 35 fLfor a principal iise-,. `- `orover 148'f'.if tfie same. is re= -'quesfe"d as `an_ accessory use (mairL;.use.at. this property„ is.,. Rk_nowb::to;be;agriculture);:and:: =" b) a.Specal Exception under : ' , Article•III,;Sectiom,100=31B(6);;1 for permission to construct 12 ft..,- -X, 40 :ft::unmanned modular:. -1 equipment shelter commumca- tions facility, anduse of a single, wireless tower for public utility . communications (cellular tele- phone transmission). The Board of Appeals will at saidtitns.and placehear any and _ all persons or. Yepreseniatiyes_ desiring to be heard in the above ' applications. Written comments . may also be submitted prior to the conclusion of the subject i hearing-ne above hearings will. not COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for ...........................L.................. weeds successively, ommencing on the .................... day...................................................... .19.19..E . .... ........... Sworn to before me this ........................... day of �. ..................... .19 ....... � ..... .�-�..•.:- • Notary Public BARBARA A. SCHNEIDER NOTARY pUBUC, State of New York No. 4806848 Qualified in Suffolk County Commission Expires $ l 1918 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: December 19;1996'=_,. BY:ORDER;OETHE, SOUTHOLD_TOWN- _,j—,Jy Y r ' W:!S1' 41LIL &,Fb 'Inr RE, 5W I JAN 1, 31997 I1 d i a) PETMrNINCr 1b' { "46r LUITA 01 aEvvptFS H C44 WW Zb SfbE. GALL ':�I,F— ("-'501 PROJECT PLAN Application for contract vendee Scott Patchell, SCTM #1000-70-4-24 Represented b PROPER -T PER-N41T SERVICES - P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 November 18, 1996 i0, �gjg77 _5,4—=rr_.rz6 1--_.. -ee Nrtf!`t� _WA.L� .-c11�.K, ---- YbT. 0_ _ =---- =rte O S PROFILE VIEW Application for contract vendee Scott Yatchell, SCTM #1000-70-4-24 Re resented b PROPER -T PER1vIlT SERVICES P.O. Box 617, Cutchogue; NY 11935 James E. Fitzgerald, Jr. 516-734-5800 January 10, 1997 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora �O��g�FFO(,�coG o y1 co 2 o*4 BOARD OF APPEALS TOWN OF SOUTHOLD 1 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Jan. 16, 1997 S.E.0.R.A. TYPE II ACTION DECLARATION Appeal No. 4449 Project/Applicants: Scott Patc,hell, Contract Vendee/Samuel Kirschman, Owner County Tax Map No. 1000- 70-4-24 Location of Project: 1075 West Hill Road, Southold, NY Relief Requested/ Jurisdiction Before This Board in this Project: New dwelling a. within 75 feet'of existing bulkhead and b. insufficient side yard setbacks 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 444-4 of the Town of Southold. An Environmental Assessment (Shortl 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 I1 classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 19901.. 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. JUDITH T. TERRY TOWN CLERK REGISTRAR. OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER FF011t�o� - o� y< C* Z OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 DATED: November 26, 1996 RE: Zoning Appeal No. 4449 - Scott Patchell (contract vendee) Transmitted herewith is Zoning Appeal No. 4449 - SCOTT PATCHELL (contract vendee) for a variance. Also included is: letter of transmittal from James E. Fitzgerald, Jr. dated November 21, 1996 with accompanying papers and a letter from Mr. Fitzgerald dated November 21, 1996 amending the application to delete the swimming pool and surrounding patio area. Proper -T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 November 21, 1996 Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application for a Variance; SCTM #1000-70-4-24• Scott Patchell Dear Sir: (516)734-5800 Enclosed are the documents prepared in support of the application for a variance and appeal n from the decision of the Building Inspector for the constiuction of a house, deck, retaining wall, and swhinnhig po on property, of which Scott Patchell is the contract vendee, located at ( 1075 West Hill Road in Southold. Proper -T Permit Services represents Mr. Patchell in this matter, and a letter of authorization is attached. If you need more information or have any questions please call me. Enclosures: Application fee (check, $400) Letter of Authorization Application Notice to Adjacent Property Owners Short EAF Tax Map ZBA Questionnaire Copy of Deed Notice of Disapproval (Building Department) Project Plan Drawing Survey of Property (6 copies; Peconic Surveyors, 11/19/96) DEC Letter of Non -Jurisdiction Contract of Sale (showing "conditions" of sale, Rider Page 1.) a subsidiary of THE PECONIC EASTERN CORPORATION Proper -T Permit �ervices POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 Ms. Linda Kowalski Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application No. 4449, Scott Patchell (Variance) Dqar_-Nfi--K-6-W-5ffs`1U: lut? (516)734-5800 C Januaryll ��I �--- CE 01Y M 11 J A � I. 31997 Attached are the following documents relating to the referenced application: • The notarized Confirmation of Posting. • The notarized Notice to Adjacent Property Owners which was sent to three additional property owners, with attached Postal Service receipts, and a copy of the Project Plan (Rev 11/27/96) which was sent to the adjacent property owners. [NOTE: With these notifications, owners of the properties designated by the following SCTM numbers have been notified: 70-4-22, 70-4-23, 70-4-25, 63-7-17.2, 63-7-17.12] • A copy of the "Project Plan" (Rev 1/10/97), revised as was requested, to show the front yard setback distance from the front property line to the front of the proposed house and garage. • A copy of "Profile View" (1/10/97) which shows a cross-section of the property including the proposed retaining wall, and the location of the proposed house and deck. If you have any questions or need anything else, please call me. E. Fitzgerald, Jr. a subsidiary of THE PECONIC EASTERN CORPORATION BOARD OF APPEALS: TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application Of J. PATCHELL/S. KIRSCHMAN ------------------------------------x CONFIRMATION OF POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, James E. Fitzgerald, J,rresiding at 385 Haywaters Drive Cutchogue, , being duly sworn, depose and say: That on the 9th day of January, 1997 I personally posted the property known as 111075 West Hill Road, Southold, NY" by placing the Town's official poster Notice on the front portion of the property facing the street where it can easily be seen, and that I have checked to be sure the poster has remained in place for at least seven days prior to the date of the public hearing (date of hearing noted thereon to be held January 16. 1997.) Dated: Jan 10 , 1997 . Sworn to before me this /0 �4 day of v,1+a1 Ute/ -j Notary Pubffcc-- 19,7 . Notay pwi; s � Rtl70 co,Quaji�ed X48 1?of Yoh fim��t� �xA' es May 26n19 f � . M ' r� BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: Southold Gardens Prop. Owners' Assn Anne Sullivan ,c/o M. Scalia PO Box 1243 SPO Box 1238 Southold, NY Southold, NY 11971 YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER Lora S. Collins 1175 West Hill Rd 11971 Southold, NY 11971 i'That it ' the intention of.the undersigned to petition the Board of Appeals of the Town of Southold to request a ariance (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1075 West Hill Road; SCTM #1000-70-4-24 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 4 That by such Petition, the undersigned will request the following relief:Varlance to -permit con— struction of a house with less than required side yard setbacks; a deck with less than the required setback a in a bulkhead; a retaining wall with less than the required setback behind a bulkhead. S. That the provisions of the Southold Town Zoning ode applicable to the relief sought by the under- signed are Article Section See below. [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that -a notice of such hearing must be published at least five days prion -to the date of such; hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published.i.n the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:January 10, 1997 Zoning Code Provisions: XXIII, 100-239.4B XXIV, 100-244 IIIA,. 100-30 A4; 1.00-33 James E. Fitzgerald, Jr. for Petitioner Scott Patchell Owners' Names : ► contract Post Office Address zTArdee PO Box 617 Cutchoaue. NY 135 Tel. No. ( 516) 734-5800 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] in a rn `c a iC C �Cf. C a PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS I P 264 040 384 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse 131 tdthold Gardens Prop Str c/o M Sccalia Posmce] �te�& ZI pG58 Postage Certified Fee Street & Number PO Box 1243 Special Delivery Fee Post Office, State, & ZIP Code Southold NY 11971 Restricted Delivery Fee Postage Return Receipt Showing to Whom &Date Delivered Returnm Re�ceiplShowing to whom, `• Date. I �Id essee's Address u) T+AL`T+AL ostage ees $ Po tma or P 264 040: 383 US Postal Service 01 P 264 040 382 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Receipt for Certified Mail stlegtll9mbffest Hill Rd No Insurance Coverage Provided. Postage Do not use for International Mail See reverse Certified Fee Sent to Anne Sullivan Special Delivery Fee Street & Number PO Box 1243 Restricted Delivery Fee Post Office, State, & ZIP Code Southold NY 11971 Retu ��@@ erpotigmpsto uvh �fl te•Delivim,\ Postage $ Certified Fee PoafR or Date Special Delivery Fee u) Restricted Delivery Fee rn Return Receipt Showing to Whomata D 6 ed,, Q Retu wirig.tolNjroin, Q Dat , A ee's Address < "i M T TA Postag Ws cia- 79 tmark LL 07 0- 01 P 264 040 382 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to Lora S. Collins stlegtll9mbffest Hill Rd P0`o �'hoi-T c Y 11971 Postage $ y P 264 040 382 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to Lora S. Collins stlegtll9mbffest Hill Rd P0`o �'hoi-T c Y 11971 Postage $ y Certified Fee Special Delivery Fee Restricted Delivery Fee Retu ��@@ erpotigmpsto uvh �fl te•Delivim,\ R m R ipt Showing tAfh De, &resses , EA &,Fees VLID PoafR or Date STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) James E. Fitzgerald, Jr. residing at 385 Haywaters Drive u C ogee, INY 11955 being duly sworn, deposes and says that on the 11 thday of January -119771— , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Cutchogue NY 11935 ; that said I (certified)mail': ' . - •:..'". � •' Sworn to before me this day of CL" u A.r U , 19'17 . . Z.. - vt�te�vti Notary Public JANE R. MINERVA NOTARY PI.IOLIC, State of New York No 4$53108, Suffolk County 001TIM Sion Expires February 18, 19.2t c (This side does not have to be completed on form transmitted to adjoining property owners.) J-� < s K)E?aF A I LI, eG,Fb ,InI t_b 2EM M -16-r 6h' I ar 6r wITl{ ), E�HVUehi: - 4 CIA ZA kJ lb :Me- ffRALL PROJECTM AN Appficalion for contract vendee scow Patelrcu, sc'rm #1000-70-4-24 Rtedb y PROPER -T epresenI'13 TfI SL RViCES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5500 November 1 S, 1996 fu Nov aI r'ict6 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold . TO:' David T. Devlin Eva Guyton 1175 West Hill Road PO Box 71 Southold, NY 11971 Southold, NY 11971 YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. Th a a intention of the undersigned to petition the Board of Appeals of the Town of Southold to request anance (Special Exception) (Special Permit) (Other) (circle choice) ,2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1075 West Hill Road; SCTM #1000-70-4-24 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 4 That t;y such Petition, the undersigned will request the following relief: Variance t0 permit construction of a house with less than required side yard setbacks; a deck with less than the required setback behind a bulkhead; a swimming pool with less than required setback behind bulkhead. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section See below. [ ] Section 280-A, New York"Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the -relief sought may be granted, a public hearing must be held on,the matter by the Board of.Appeals; that a notice of such hearing must be published at least five days rior to•the'date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:November 21"' 1996 r . -..Zoning Code provisions James E. Fitzgerald, Jr. --for.. J. XXIII 100-239.4B Petitioner Owners'Names: Scott Patehell X.XI.V, ....1.00-244...... . .IIIA, 100-30 A4, 100-33 Post Office Address PO Box 617 Cutchogue, NY 11935 Tel. No. (516 ) 734-5800 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS P 264 040 388 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse S avid T. Devlin 11 17bWest Hill Road PogoutWoj Cott' 11971 Postage $ 3 Certified Fee StrPNIBer OO X 71 Special Delivery Fee P°s ,9,' oi"d; odt, 11971 Restricted Delivery Fee Postage Return Receipt Showing to Whom & Date Deli red RetumReceipt ' o m, 7r Date, & Addr v°.. TOTAL P190& $ L Postmark e Return Receipt Showing to ADDRESS P 264 040 389 US Postal Service .. STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) James E. Fitzgerald, Jr. residing at 385 Haywaters . Drive u C Ogue , , being duly sworn, deposes and says that on the 21 St day of November 019 96 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at:-the;United States -Post Of- fice at CutchogRe a NY 11935 ; that said Notices were m ch of said persons by (certified) DO7�Dt) mail.. " kr- Sworn.to before me this day of , 19 " J. Notary Public LINDA S. TAGOAfff Ni Pubk St& of New YoFk No. 4VAW Guam to Su" county cots miss Ex M March 20, IWI (This side does not have to be completed on -form transmitted to adjoining property owners.) Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to Eva Gu ton StrPNIBer OO X 71 P°s ,9,' oi"d; odt, 11971 Postage $ 3a Certified Fee Special Delivery Fee In Restricted Delivery Fee rn Return Receipt Showing to Whom & Date Delivered Q Retum Rec ' Q Date, & 41 0 TOT (tag. Aws f - M POs or Date LL a STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) James E. Fitzgerald, Jr. residing at 385 Haywaters . Drive u C Ogue , , being duly sworn, deposes and says that on the 21 St day of November 019 96 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at:-the;United States -Post Of- fice at CutchogRe a NY 11935 ; that said Notices were m ch of said persons by (certified) DO7�Dt) mail.. " kr- Sworn.to before me this day of , 19 " J. Notary Public LINDA S. TAGOAfff Ni Pubk St& of New YoFk No. 4VAW Guam to Su" county cots miss Ex M March 20, IWI (This side does not have to be completed on -form transmitted to adjoining property owners.) 'JL.�i 1.]1 J _-1 J'J 1.i U,1 M 1ILMLJ Q4 hAUt�L1\. ' ' uYAAA!9teAOfRf 1PgR1Af E%V1".MgOta1!J4"ervation Room 219, Stony Brook, ,NY 11794 �j `7 Re: n e_ �' �� t,` �? h h SSS Henry G. Y oms Tf o tasionloner �- lied, o0 �-�5 Dear m t review has been made of your proposal to: Qf') `cvz oa . o Based on the information you have submitted, the New ork State Department onvirdnmental Conservation has determined that the parcel project is: Greater than 300' from inventoried tidal wetlands. A4Landward of a substantial man-made structure greater than 100' in length which was constructed prior.to 9 2p 77. Landward of the 10' above mean sea level elevation contour on a gradual, natural slope. Landward of the topographic -crest of a bluff, cliff or dune which is greater than 10' in elevation above mean sea level. Listed in Part 661.5 of 6NYCRR (Tidal Wetlands Land Use Regulations) as a use not requiring a permit or notification letter of approval. Therefore, no permit is required under the Tidal. Wetlands Act (Article 25 of the Environmental Conservation Law). Please be advised, however, thatn no constructio, sedimentation or disturbance of any kind may take place - seaward of the 10' contour or topographic crest without a 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 in this area as a result of your project. Such precautions may include providing adequate work area between the 14' contour or topographic crest and the project (i.e. a 15' to 201 wide construction area) or erection of a temporary fence, barrier, or hay bale berm. Please note that any additional work, or modification to the project as described, may require authorization by this Department. Please contact this office if such are contemplated. Please be Further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals From other agencies. '� I I' 1 t• U a ,1,ll r U. 16,987 StatMS, ANARMS. OMC.'.! & WAGME 3 I Very truly yours, Deputy Regional.Permit Administrator Post Office Box 81 South Jamesport, New York 11970 Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper -T Permit Services to act in my behalf as my agent in the submission and processing of a variance application for the construction of a house, deck, retaining wall, and swimming pool on prop- erty, of which I am the contract vendee, located at 1075 West Hill Road, Southold, New fork 11971 and designated by Suffolk County Tax Map No. 1000-70-4-24, and to furnish, upon request, supplemental information in support of the application. Yours truly, ev.Lx, Pa&eY Scott Patchell The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environc:iental review will ue made Ly this ,)oard before any action is taken. SHORT ENVInONMENTAL 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 :A 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; an existing body of water? _Yes No 4. Will project have a potentially large impact on ' groundwater quality? _Yes LV% No 5: '-,Will project significantly effect drainage flow on adjacent sites? Yes KNo 6. Will project affect any threatened or endangered plant or animal species? Yes No 7. Will project result in a major adverse effect on air quality?- - —Y 8. 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas 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_ importanceor any .site 'designated as -a c=i,fical envircnmental area by a local agency? Yes _&No 10. Will project have a major effect on existing or future recreational opportunities? Yes XNo 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 ;-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 , Yes X No period or have a major negative effect on the '— character of the commune or neighborhood? 15. Is therec cont y concernin e project _Yes XNO Preparer's Signature: Representing: SCO_ , Patehell Date: Nov 20, 1996 'ZBA 4/•75 14-16-4.(2187)—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/SPONSOR James E. Fitzgerald, Jr. 2. PROJECT NAME house deck wall pool • ' + p 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 1075 West Hill Road Southold, NY 11971 See attached map. 5. IS PROPOSED ACTION: New ❑ Expansion ❑ Mod ificationlatteration 6. DESCRIB PROJE T BRIJEFLY: Construct single-family residence approx 32°x721 overall, with deck approx 14'x471; construct retaining wall approx 4' high, 86' long, with two.30' returns; construct in -ground swimming pool 16'x40' with surrounding patio area 5' wide. 7. AMOUNT OF LAND AFFECTED: approx N/A Initially .4 acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes {J No If No, describe briefly Rear yard setbacks require variance from ZBA. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ® Residential ❑ Industrial ❑ Commercial ❑ Agriculture ❑ Park/Foresvopen space ❑ Other Describ®: Medium-sized private waterfront residences. 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATEc OR LOCAL)? toy Yes ❑ No If yes, list agency(s) and permitlapprovals Required:'Southold Trustees, Suffolk County Health Dept 11. DOES ANY ASPECT OF THE ACTI,;V HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes lG N- It ye=, list agency name and permitlapproval 12. AS A RESULT PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? CM C3 Yes LJ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE JamesF tzgerald, Jr. Applicantlspon e: pr — es Date: Nov 20. 1996 Signature: A4_ v bfthe action is in t e Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER (Continued on reverse side) Application of Scott Patchell; SCTM #1000-70-4-24 QUESTT-CUITAIRE FOR FILILiG 47IT:i YOUR Z.B.A. APPLI CATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the, subject premises and a description of their interests: (Separate sheet may be attached.) Samuel Kirschman Owner B. Is the subject premises listed on the real estate mazket for = sale or being shown to prospective buyers? " {X ) Yes { } No. (-If Yes, pl.easa attanh copy of "conditions" of sale.) C. Are there any proposals tm change = alter land contc•,rr;? ( X) Yes { } No D. 1. Are there any areas which contain wetland grasses? N_ 2. Are the wetland areas shown on the map submitted with this application? Yes 3. Is the property bulkheaded between the wetlands area and the upland building area? Yes 4.*If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? Yes E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fens which exist -andarenot shown on the survey map that you are submitting? q If none exist, please state "none." G. Do you have any construction 'taking place at this time concerning your premises? No 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? No If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel Undeveloped and proposed use Private residence Aut o ized Si na/ re a' d to l� PROPER -T SERVICES 6 . i�:� 617, C€�edwr_iva, viii 1193.5. 3/ 10/9Olk Pl-ii e: W6) 734-5900 WCA-I:; ;11,13) DATE: PA RTI ES PREMISES: PERSONAL PROPERTY MitCHASE PRICE: C"OUNTEf- PART I- -.-1IGINA,L ) CONTRM,r QF SA1.1-'-1:0ItAIF.ItL • NY 11111 Farm atilt (REV. 11/711) WARNING: NO REPRESENTATION IS MADE TIIA'r'i-Ills F0Rh1 OF CON -TRACT FOR THE SALC AND PURCHASE OF REAL ESTATE COMPLIES WIT'll SECTION 5-702 OFTHE HE GENERAL. OBLIGATIONS LAW ("PLAIN ENGLISH"). CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: ']'his contract form does not provide for what happens in the event of fire or casually loss before the title closing. Unless different provision is made in this contract, Section 5.1 31 1 of the General Obligations Law will apply. One part of that law makes a'purchaser responsible for fire and casually loss upon laking of title to or possession of (lie premises. CONTRACT OF SALE made as of the J day of OC beA 1996 11ETWERN S,-mlue1 Kirschman 11 -Redd imi,lurl_I2rlarl. Old Westbury, NY 11568 Address: 'i hereinafter called "SELLIiIt", who agrees to sell; and Scott Patch.ell and Gayle Patchell, his wife Address: 213Bromntnr;_-_n�aA_-__r.3r-den City, NY 11530 hereinafter called "PURCIIASER" who agrees to buy the properly, including all buildings and hnprdvemenls thereon ((he "1'ItEAt1SI:S"), more fully described on a separate page .marked "Schedule A," and also known as: Street Address: Noll West Hill !Road, Southold, NY Tax Map'Designadon: Section .70, Block 4, Lot 24 Vacant Land Together with SELLE'R'S inle rest, if any, in streets and unpaid awards as set forth in Paragraph 9. The salealsv inclndcs-aR fixtures and -articles of�ersorraF projierfp-atfache�d-to-or-rised-irr-cvrrrrectiorr-wittrilrm P E3; unless specifically excluded' below. SELLEIt stales that they are paid for and owned by SELL1iLi.lcee-ar c ear of any lien other (hall the EXISTING MORTGAGE(S). They include but are not lin ' to rl rng, healing, lighting and cooking fixtures, ba(hrooin and kitchen cabinets, rnan(els, dodo virr-em-, wT ieltan blinds, shades, screens, awnings, slorm windows, window boxes, slonn doors, mail (2�ces, W net�anes, flagpoles, punps, shrubbery, fencing, ouldoor statuary, tool sheds, dislnvasher�ashing-nm uti f t -es, (lollies dryers, garbage disposal units, ranges, refrigerators, freezers, air conditioning ectcri menF-nnd-insloNalions; and-well-l-e-wall-caFfrating. •[�xeludecf-f rortrl his -sale -n reiFMFn ifu r-e-ond--hettceh ol+J-f�rfr►ial+ifigsr I. (a) The purchase price is 130, 000.00 Payable as follows: Dn the signing of this contract, by check subjecl to collection: s 7F500.00 tl�rllewe+ree-far�he-principal-fl+tteu+tt�lill-t+rtraid-errE�G-IS-T=fPLE'+-A19ft=F�hfif�E�• S B} e-Ntrrehose-Mettey-NaF�nnel h4erFgage fre,rrt-ItlTf>GLI/46ER-(ev n9yigns) Fe &EL -E ER: s IJALANCE AT CI.OSINC;: s ].22, 500.00 (b) -Lf -1 Hisseleis sutijeel to ,q,GTs-the lrurehaee A4eney-Male end Ater -F rge w+ll r►lse rfeMide4 will remain subject to the prior lien of any I:XISf1NG MORTGAGE even though the EXISTING MORTGAG (tended :)r modified to good faith. The Purchase Money Note and Mortgage shall be drawn on the standard fo ew York Board if T'ille Underwriters by (he attorney for SH -LER. PURCIIASER shall pay the mortgage rng lax, recording fees and the allorney's fee in lire amount of s for its preparation, (c) If any required payments are made on an EXISTING MO , : between now and CLOSING which reduce lire unpaid principal amount of an EXIS"PING MORTGAGE_hu the amount shown in paragraph 2, then the balance of the price payable at CLOSING will be adjusted. SIA �ylt�es Ilial Ilse antotiitl shown in Paragraph 2 is reisorlably correct and Iha( only payments re=cscrow -WF-t14C; MORTGAGE will be matte. (d) If there is ncount that is maintained for (lie purpose of paying taxes or insurance, etc. SELLER shall assielv4f o PURCIIASER, if it can be assigned. In that even( PURCIIASER shall pay the amount in the escrow accounl to LER-at-ei:e9it fi- EXI'STINU NIORTGAGE(S): ACCEPTABLE FU1JDS: "SUBJL•CTTO" PROVISIONS: TITLE COMPANY APPROVAL: CLOSING DEFINED AND FORM OF DEED: CLOSING DATE AND PLACE: BROKER STREE'T'S AND ASSIGN- MENT OF UNPAID AWA It DS: MORTGAGEE'S CERTIFICATE OR LET -PER AS TO EXISTING MORTGAGE(S): COMPLIANCE' WITH STATE AND MUNICIPAL DEPARTMENT VIOLATIONS AND ORDERS: ow,r IF THE PROPERTY IS NOT IN THE CITY OP NEW YORK: 2.-fltc7PREMISE-S-will-be-eanveyed subject ta-the eentirtuinblienw�E�Ef�F1NG M(3Lif£�46 &)"esfell Norlgage now in file unpaid principal amount of $ and interest at the to per cent per year, presently payable in installments of $ whit 'ncl 'j, principal, interest, and with any balance of principal being due and payable ELLE herby states that no EXISTING MORTGAGE contains any provision (hat permits the holder of the mortgage to at#e iia inrntedt8te peymen}in frill Arte ehenge an"therte#m lLtereef-by-#eeson of Hie feel of CLOSING-. All money payable wider [his contract unless otherwise specified, shall be either: a. Cash, but not over one thousand ($ 1,000.00) Dollars, b. Good certified check of PURCHASER, or official check of any bank, savings bank, trust company, or savings and oan association having a. banking office in the State of New York, payable to the order of SELLER, or to the order of 'URCIIASER and duly endorsed by PURCHASER (if an individual) to the order of SELLER in the presence of SELLER.or TELLER'S attorney. c. Money other than the purchase price, payable to SELLER at CLOSING, may be by check of PURCHASER up to the amount of One Thousand (S 1,000.00 � ) dollars, or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. 1. The PREMISES are to be transferred subject to: a. Laws and governmental regulations that affect the use and maintenance of the PREMISES, provided Ilial they are not riolated by the buildings and improvements erected on the PREMISES. b. Consents for lire ereclidn of any structures on, under or above any streets on which the PREMISES abut. c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. - d. Any state of facts shown on a survey. by Roderick VanTuyl dated 7/22/87; and any additional facts that an accurate survey of the premises may show. provided same do not render title unmarketable. Variations between record boundary lines and walls and fences and bulkheads less 'than one (1) foot shall not be deemed to render title unmarketable. (continued on Rider A ) 5. SELLER shall give and PURCIIASER shall accept such title as any licensed title cotipany or Ticor Title Insurance Company , a member of Tht New York Board of Title Underwriters will be willing to approve and insure in accordance with their standard form of title policy, subject only to the matters provided for in this contract. 5. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other tinder this contract Including the payment of the' purchase price to SELLER, and the delivery to PURCHASER of a Bargain and Sale with. ' covenants * deed in proper statutory form for recording so as to transfer full ownership (fe( simple title) to the PREMISE'S, free of all encumbrances except as herein slated. The deed will contain a covenant b) TELLER as required by Section 13 of the Lien Law. *against Grantor's acts f SELLER is a corporation, it will deliver to PURCHASER al the time of CLOSING (a) a resolution of its Board o. 3irectors authorizing the sale and delivery of the deed, and (b) a certificate by the Secretary or Assistant Secretary of Ili( .orporation certifying such resolution and setting forth facts showing that the transfer is in conformity with thi •equirements of Section 909 of (lie Business Corporation Law. The deed in such case shall contain a recital sufficient t( :s(ablisir compliance with that section. CLOSING will take place at the office of HLunes & Wagner, 147 Forest Ave., Locust Valley,NY at 11: 00 am o'clock on or be.f6; e )december 31 19 96 18. PURCIIASER hereby slates that PURCHASER has not dealt with any broker in connection with this sale other than Sajand Real Estate, Ines Main Road' Jamesport, NY 11947 arc aser and _SWI 1- .6k agrees to pay the broker the commission earnea tnereoy (pursuant to separate agreement). 9. This sale includes all of SELLER'S ownership and rights, if any, in any land lying in the bed of any street or highway, opened or proposed, in front of or adjoining the PREMISES to the center line thereof. It also includes any right of SELLER to any unpaid award by reason of any laking by condemnation and/or for arty damage to the PREMISES by reason of change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at CLOSING, or thereafter, on demand, any documents which PURCHASE It may require to collect the award and damages. 10. SELLER agrees to deliver to PURCHASER at CLOSING a certificate dated not more than Iltirly (30) days before CLOSING signed by the holder of each EXISTING MORTGAGE, in form for recording, certifying the amount of the unpaid principal and interest, date of maturity, and rale of interest. SELLER shall pay the fees for recording such certificate. if (lie holder of a mortgage is a bank or other institution a: defined in Section 274-a, Real Property Law, it may, instead of the certificate, furnish an unqualified letter dated not molt than thirty (30) days before CLOSING containing the same information. SELLER hereby stales that any EXISTIN( MOR'T'GAGE will not be in default at the lime of CLOSING. 11. a. SELLER will comply with all notes or notices of violations of law or municipal ordinances, orders or requirement noted in or issued by any governmental department having authority as to lands, housing, buildings, fire, health and labo conditions affecting (lie PREMISE'S at lite dale hereof. The PREMISES shall be transferred free of them at CLOSING ani this provision shall survive CLOSING. SELLER shall furnish PURCHASER with any authorizations necessary to make til searches that could disclose these matters. -b y4tl ab+igations effecting the PFIEM�6E�; irteutred pufsua+�FFe""aw-Vf%flt-pfte to GI_-AS4i4Gand parable in-maney--steal+-be-diseltarged b5' �til;tiEls nt-E6ASI�tG—Fl+is previ�iert slwlt survive ELA&EPIC. INSTALLMENT ASSESSMENT: APPORTION- MEt WATER METER READINGS: ALLOWANCE FOR UNPAID TAXES, ETC.: USE OF PURCHASE PRICE TO PAY ENCUM- BRANCES: AFFIDAVIT AS TO JUDGMENTS, BANKRUPT- CIES.: DEED TRANSFER AND RECORDING TAXES: PURCHASER'S LIEN: SELLER'S INABILITY .1'O CONVEY AND LIMITATION OF LIABILITY: CONDITION OF PROPERTY: ENTIRE AGREEMENT: CHANGES MUST BE IN WRITING: SINGULAR ALSO MEANS PLURAL: 12. If at the time of C! NG the PREMISES are affected by an asses.,... -at which is or may become payable in annual installments, and the first instalfinenl is then a lien, or has been paid, (lien for the purposes of this contract all the unpaid installments shall be considered due and are to be paid by SELLER at CLOSING. 13. The following are to be apportioned as of midnight of [tie day before the day of CLOSING: (a)-^tiir:J-ss �d-•wheft -eelieeted. (b) 4n!eresn- -9X4&T-INS-MO. TGAGB(S;—fe)-Ar@rpib msvranee-pettetes 18 E1r99114"4yfaxes , Water Ctlarges , sewer rents , * of the 114"l -period for which assessed. (e) Fuel, if any. (f) Vault charges, it any. *On the basis /Itt,n If CLOSING shalloccur before a new lax rale is fixed, the apportionment of taxes shall be upon the basis of lite old tax rate for lite preceding period applied to the latest asses-ned valuation. Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall survive CLOSING. 14. If there be a water meter on file PREMISES, SELLER shall furnish a reading to a dale not more than thirty days before CLOSING date and [lie unfixed meter charge and sewer rent, if any, shall be apportioned on [lie basis of such last reading. 15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any unpaid taxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a date not less than five business days after CLOSING, provided (fiat official bills therefor computed to said date are produced at CLOSING. 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge ai0CLOSING, SELLER may use any portion of the balance of the purchase price to discharge it. As an alternative, SELLER may deposit money with the title insurance company employed by PURCIIASER required by it to assure Its discharge, but only If the title Insurance company will insure PURCHASER'S title clear of the matter or insure against its enforcement out of the PREMISES. Upon request made within a reasonable tittle before CLOSING, PURCHASER agrees to provide separate certified checks as requested to assist in clearing up these matters. 17. if a title examination discloses judgments, bankruptcies or other returns against persons having names the same as or similar to that of SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they are not against SELLER. 18. Al CLOSING, SELLER shall deliver a certified check payable to the order of the apprgpriate State, City or. County officer in lite amount of any applicable transfer and/or recording tax payable by reason of the deliveiy'or rei:ording of the deed, together with any required tax return. PURCHASER agrees to duly complete the tax return and to cause [he check(s) and (lie lax return to be delivered to the appropriate officer promptly after CLOSING. 19. All money paid on account of this contract, and the reasonable expenses of examination of the title to file PREMISES and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCHASER. 20. If SELLER is unable to transfer title to PURCHASER in accordance with this contract, SELLER'S sole liability shall be to refund all money paid on account of this contract, plus. all charges made for: (i)examining the title,(ii) any appropriate additional searches made In accordance with this contract, and (iii) survey and survey inspection charges. Upon such refund and payment this contract shall be considered cancelled, and neither SELLER nor PURCHASER shall have any further rights against the other. 21. PURCHASER has inspected (lie buildings on the PREMISES and lite personal properly included in this sale and is thorouglily acquainted with their condition. PURCHASER agrees to purchase them "as is" and in their present condition subject to reasonable use, wear, tear, and natural deterioration between now and CLOSING. PURCHASER shall have the right, after reasonable notice to SELLER, to Inspect them before CLOSING. . All prior understandings and agreements between SELLER and PURCHASER are merged in this contract. It ntplelely expresses their full agreement. It has been entered into after full investigation, neither party relying upon any iternenls made by anyone else [lint are not set forth in this contract. 23. This contract may not be changed or cancelled except in writing. The contract shall also apply to and bind the distributees, heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties hereby authorize their attorneys to agree in writing to any changes In dates and (fine periods provided for in this contract. 24. Any singular word or terns herein shall also be read as in the plural whenever the sense of this contract may require it. In Presence Of: Rider Page 1. KIRSCHMAN TO PATCHELL RIDER A — continuing Paragraph 4 Seller's inability to convey good title to any land lying beyond the bulkhead line as dredged as shown on the above survey shall not be deemed an objection to title in connection with this sale. f. Rights of the People of the State of New York in those portions of premises.now or formerly under the waters of the Canal. g. Rights of the Federal Government to enter upon and take possession without compensation of lands now or formerly lying below the high water mark of the Canal. h. Riparian rights of others than the insured, in, to and over the waters of the Canal. i. Terms, covenants, and restrictions contained in an instrument recorded in Liber 5886 cp. 484. MUNICIPAL APPROVALS: This contract is conditioned upon the Purchaser obtaining a building permit and governmental approvals required to construct a single family dwelling on the premises in conformity with the applicable building and zoning regulations. Purchaser shall be responsible for obtaining said approvals within 90 days from the date hereof and shall accept all conditions and requirements that any governmental agency sets forth in their permit. Purchaser shall make prompt (and where possible simultaneous) application to all governmental agencies having jurisdiction for such approvals, furnish accurate and complete information, pay all fees and pursue all applications with diligence and good faith. Seller agrees to cooperate in Purchaser's application and will execute all necessary and required instruments and documentation prepared by Purchaser to obtain such approvals. If Purchaser is unable to obtain the building permit and other approvals within 90 days, either party may cancel this contract by giving written notice to the other party within 5 days after the expiration of the 90 day period, in which case this contract shall be deemed canceled and, thereafter, neither party shall have any further rights against or obligations or liabilities to the other by reason of this contract, except that the down payment shall be promptly refunded to the Purchaser. DOWN PAYMENT Seller's attorney ("Escrowee") shall hold the down payment for Seller's account in escrow in a segregated bank account at Fleet Bank, Locust Valley, New York, until closing or sooner termination of this contract and shall pay over and apply the down payment in accordance with this contract. Escrowee shall hold down payment in an interest bearing account for the benefit of the parties. If interest is held for the benefit of the parties, it shall be paid to the party entitled to the down payment and the party receiving the interest shall pay any income taxes thereon. The parties acknowledge that, although Escrowee is holding the down payment for Seller's account, for all other purposes Escrowee is acting solely as a stakeholder at their request and for their convenience and that Escrowee shall not be liable to either party for any act or omission on its part unless taken or suffered in bad faith or in willful disregard of this contract or involving gross negligence on the part of Escrowee. Seller and Purchaser jointly and severally agree to defend, indemnify and hold Escrowee harmless from and against all costs, claims and expenses (including reasonable attorneys' fees) incurred in connection with the performance of Escrowee's duties hereunder, except with respect to actions or omissions taken or suffered by Escrowee in bad faith or in willful disregard of this contract or involving gross negligence on the part of Escrowee. C431644 -95-2.N61 KIRSCIIMAN TO. PATCHELL SCIIEDULE A SECTION 70 BLOCK 4 LOT 24 ALL that certain plot, piece 'or parcel of land, with (lie build'urgs and improvements . thereon erected, situate; lying and being at Southold, Town of Southold, County of Suffolk and Slate of New York, known and designated as Lot No. 3 on a certain map entitled "Map of Calves Neck at Southold" and filed in the Office of the Clerk of the County of Suffolk on February 15, 1972 as Map No. 5673. BEING and intended to be the sarne prernises conveyed to Samuel Kirsclunan by deed ffom Julia D. Hennessey, dated September 28; 1987 and recorded at the. Suffolk County Clerk's Office on October 7, 1987 at Liber 10439 page 365. _ STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known to be the individual, described in and who executed the foregoing instrument, and acknowledged !fiat executed the same. STATE OF NEW YORK, COUNTY OF ss: On lire day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is lite of , the corporation described in and which executed the foregoing instrument; that he knows (lie seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of lane board of directors of said corporation, and that Ire signed It name thereto by like order. STATE OF NEW YORK, COUNTY OF ss: On lire day of 19 , before me personally came to rrre known to be lire individual described in and whd executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known and known to me to be a partner in a partnership, and known to me to be lite person described in and, who executed lite foregoing inslrurnept in the partnership name, and said duly acknowledged that lie executed the foregoing instrument for and on behalf of said partnership. Closing of title under lire within contract is hereby adjourned to 19 , of o'clock, at ; title to be closed and all adjustments to be made as of 19 Dated, 19 For value received, the within contract and all lite right, title and interest of the purchaser _!hereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 Ptrrchaser . Assignee of Purchaser PREMISES (ffoiltrild of Sale TITLE NO. Section 70 Block 4 Froin: Lot 24 County or Town Southold SAMUEL KIRSCHMAN Street Numbered Address no4 West Hill Road Recorded At Request of First American Title Insurance Company of New York RETURN BY MAIL TO: To: SCOTT PATCHELL AND GAYLE PATCHELL, His Wife FORMER STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distritbwed by First American Title Insurance Conlpany of New York SUFFOLK OFFICE 210 Court Street Riverhead, New York 11901 (516)727-5700 (800)727-5700 WESTCFIE$TER OFFICE 81 Main Street White Plains, New York 10601 (914) 997-1444- (718) 295-9125 CORPORA'T'E OFFICE 228 East 45th Street New York, New York 10038 (212) 922-9700 (800)437.1234 Zip No. GARDEN CITY OFFICE . 1050 Franklin Avenue Carden City, New York i 1530 (516)742-7500 (718) 895-3430 BROOKLYN OFFICE One Pierrepont Plaza 300 Cadman Plaza West Brooklyn, New York 11201 (718)295-9125 @f m m At iJ - _ 0,-- • 1 _ - U i l .•I I A- ML-) a 11AU.',Ll\ - rG>>I�G•m �I; 4 I"AAo"49tep,??915!pqAJAl ErblWpg0tal servation Room 1219, Stony Broo`k_, ,N/Y 11794 m. ��t1�` Re: qua, n 6 1,�C h �J1 CaC't' T Henry a. wliliams r 1 1 *7 Issioner Lo�.us v0. DearSIN m I WQ** { Ec review has been made of your proposal to,: Qt') c �. 5 � j ��a•m,1 �e Based on the information you have submitted, the New ork State Department °�,nvironmental Conservation has determined that the parcel /\I', project project is: . Greater than 300' From inventoried tidal wetlands. Landward of a substantial man-made structure �Uj1C `Q�jk�1. greater than 1001 in length which was constructed prior to 9/20/77. Landward of the 10' above mean sea level elevation contour on a gradual, natural slope. Landward of the topographic crest of a bluff, cliff or dune which is greater than 10' in elevation above mean sea level. Listed in Part 661.5 of 6NYCRR (Tidal Wetlands Land Use Regulations) as a use not requiring a permit or notification letter of approval. Therefore, no permit is required under the Tidal Wetlands Act (Article 25 of the Environmental Conservation Law). Please be advised, however, that no construction, sedimentation or disturbance of any kind may take place seaward of the 10' contour or topographic crest without a 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 vegetationih this area as a result of your project. Such precautions may include providing adequate work area between the. 10' contour or topographic crest and the project (i.e. a 15' to 20' wide construction area) or erection of a temporary fence, barrier, or hay, bale berm. Please note that any additional work, or modification to the project as described, may require authorization by this Department. Please contact this office if such are contemplated. 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, Deputy Regional Permit Administrator S c7 16,987 i t?t?nue SNnRF�15 ROT,7G'.! R ",1AG�!�r CT NO. 5 ..3 1:0 tEEP 4 MITC� Jr Col g NECK 141 Z THE SITE OF THE PROPOSED TAX MAP AP fication for contract vendee ScottYatcheU, SCTM #1000-70-4-24 Represented b ZR PROPER-T-PERMT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 November 18, 1996 1N S I/a-Cam f 671-we//ri79 water WES T dwe/lrll' Cpubbe water H I L L R O A D a! S. 85052'40' E. 14.3 - I l � r»on• � i Ind � 3 � � I n LOT 0. E i I • LOT 2 o c �p) 1 __ Qvb/i c Wafer- /� S �• 110.'001 F! than. 44. y l�ct. S 72' ,cp%r proms 2s�r /7 s i C'e a C_ I< 1 1 /a—,- 7z p LOT 9i o_4 dwe/l,�9 c' I am familiar with the STANDARDS FOR APPROVAL47 \ AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES and will abide by the conditions set forth therein and on the N permit to construct. s p 5' C / h The locations of wells and cesspools �I� /� d p � pr�P • re>�/011)1�1 P � a rop �..�// aG ion % wifh shown hereon are from field observationsa �reym,,l/n1 fwo 3oeIlurn6 and or from data obtained from others. wd//+'h9hr hiIk,cn seu.wa.rc' �' e/ �•�• PrP .Ct2' S/OLC • Sp k c ly000by/K S Q Y E � 'N flbo/Klr E1zoC / Ps „fie i 1 r� 6wKlJiad n �" a/4. g' 6 /K CERTIFIED TOR SCOTT R. PA TCHELL GA YLE PA TCHELL PECONIC ABSTRACT, INC. NORTH FORK BANK AREA = .16,818 sq ft. to tie line ELEVATIONS ARE REFERENCED TO N.G.V.D- ANY AL TERA TION OR ADDITION TO THIS SURVEY IS A VIOLA TION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW EXCEPT AS PER SECTION 7209 -SUBDIVISION 2. ALL CERTIF/CATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONL Y /F SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE S/GNA TORE APPEARS HEREON. ADDITIONALLY TO COMPLY WITH SAID LAW THE TERM 'ALTERED BY' MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY OF ANOTHER SURVEYORS MAP. TERMS SUCH AS 'INSPECTED' AND 'DROUGHT -TO -DATE' ARE NOT IN COMPLIANCE WITH THE LAW. u Ijead N. 86'4340" W. �` 83.44' .til, /VM die /erre a./o�9 � wood• bu/khc�ctot, Dredged Canal 1 b LOT LINES PER FILED MAP 1111 N. 66.5/ 20' W. 75.00' SURVEY OF LOT 3 "CAL VES NECK" FILED SEPT. 9,1970 FILE NO. 5673 A T SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 70 - 04 - 24 Scale 1" = 30' No v. 7, 1996 /Z/Ov, /9, 1996 (PropoSG�' hs e 1. h4 1P .10 JLIC. NO. 49618 (516) 76_-%; a',;,j'' P. 0. BOX �'9- - 1230 TRA VEL ER S TREE T SOUTHOLD, N.Y. 11971 1 � - il IJO - 61997 PHOTO A: Looking E. The two orange stakes in the left center mark the seaward corners of the proposed deck. (12/3/96 - 1400 hrs) PHOTO B:Looking SE. The orange stake marks the SE corner of the pro- posed retaining wall. (12/3/96 - 1400 hrs) PROJECT SITE PHOTOS Ap_pplication for contract vendee Scott Yatchell, SL'I'M #1000-70-4-24 Represented by PROPER -T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 January 3,1997 �Waa t1 -q 9n�f .SAW 6199 PHOTO C: Looking W. The orange stake marks the SW corner of the pro- (osed retaining wall. 12/3/96 - 1400 hrs) PHOTO D: Looking NW. Sta 7e -- n foreground marks SW corner of pro- posed deck. Stake in left background marks SW corner of proposed gar- age. Stockade fence is on Devlin property. (12/3/96 - 1400 hr;) PROJECT SITE PHOTOS Application for contract vendee Scott Yatchell, SCTM #1000-70-4-24 Represented b PROPER -T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 January 3,1997 D Proper -T Permit Services POST OFFICE BOX 617,CUTCHOGUE, NEW YORK 11935-0617 (516)734-5800 January 3, 1997 Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application of Scott Patchell; SCTM #1000-70-4-24 Dear Sir: Enclosed are photographs of the site of the proposed project for inclusion in your file on this application. . +t —. 6199? a ! �f a subsidiary of THE PECONIC EASTERN CORPORATION