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APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 April 3, 1996 APPI,I CANT: BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS JOSEPH KANE. ZBA APPL. #4371 LOCATION OF PROPERTY: 3100 Sound Drive, Greenport. 1000-96-4-1.1. BASIS OF APPEAL: March 12, 1996 Notice of Disapproval. CODE PROVISION DENIED: Article XXIV~ Section 100-244B. RELIEF REQUESTED: Minimum side yard and total side yards requested at 18 ft. on the west side and 10 ft. on the east side, for a total of 28 feet for both sides as shown on Architechnologies Map submitted under this request. MOTION MADE BY: Robert A. Villa SECONDED BY: Gerard Goehringer RESOLUTION ADOPTED: Denied relief of 13.5 ft. on the easterly side, and GRANTED ALTERNATIVE RELIEF for a minimum setback of 15 ft. on the EASTERI,Y side with the remaining westerly side at 13 feet, for a total of not less than 28 FEET. REASONS/FINDINGS: Between January 1989 and about December 5, 1995, Section 100-244C provided for certain reduced setbacks (without ZBA approval) for subdivisions approved prior to the present zoning. The Subdivision Map of Eastern Shores, Section IV, was filed March 7, 1966 and at that time, side yards were required by Code to be a total of 25 feet (without ZBA application). The variance requested is seven (7) feet from the current code, and is within the requirement in effect up until about l)ecember 5, 1995 (when the new local law became effective for areas of projects requiring County Planning review). The relief is minimal, and continues to preserve and protect the character of the neighborhood and the health, safety, welfare of the community. The result does not create an undesirable change or detriment to adjoining properties when built according to this plan (and former conditions under Appeal No. 3621). VOTE OF 'FILE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was ananimously adopted. GERARD P. GOEHRINGER, qHAIRMAN Albert J. Krupski, President SAFF04co Town Hall John Holzapfel, Vice President 53095 Main Road Jim King y x P.O. Box 1179 Martin H. Gacrell 5 .F Southold, New York 11971 Peter Wenczel y,~o! O! Telephone (516) 765-1892 41 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 18, 1996 Joseph Kane 21 South End Avenue New York, NY 10280 RE: SCTM #1000-33-1-18 Dear Mr. Kane: The updated survey dated April 18, 1996, amended by John Metzger, was reviewed in the office. Any activity landward of the Coastal Erosion Hazard line is out of the Trustees jurisdiction. However, hand clearing of landscape debris and/or yard maintenance may be done seaward of this line. No excavation beyond the Coastal Hazard line will take place. If you have any further questions, please do not hesitate to contact this office. Very truly yours, Albert J. ~ pski, Jr.. President, Board of Trustees AJK:jmd cc: Bldg. Dept. ZBA ~LooD H&ZAfLD LINE TAKEN Feo. CoAST.nt.- L2.OSION •HAZA(LD AREA MAP PNoTO a 53- 595-83 5H6.e-r 13 MAP ALTE PLED 13y Jpt{N T. ME-rrZGER, L.S. 49618 Aea.- 'A 199 OF NEW PON" 11: \ p Ho 490, J oc: f p \ o.: r \ n r L1 r I ~V A A ti p C4 q ? \ -80 Q ~u ggw lil 3 i aS W PI I'CO ~ ~ ~ . ' y' - o NII~~:I~J(J?-tlQf' °D HAZAao z e' Rf~. d L J N f 4} `i ( N \LJit3Y:uY.c6,i~ d.~~iL!•it~'`y ~ILtURCU vw wAtfr r CQL 40 /12 y?I t~ $ W r a7 a11.1 Al ~•1 ~ J. ``?``~~~iwr:Uuanu II~~ ~ ~ ~ 1 1 N •1'Cr.G, I-I~';~ //rf,~ICYfr:JJi1! 1i11GN~\`\\\` ~ y~.Yr- ~IH i1^P of nor log .,f^yrEx n S~cS"5~'G' (ALL : ~ I (--4{rr-4-K CO. FIWP t1Ar"46(11) AFfA 2.91100 ~PK bufF01K Mo-P <r101i lmp-tr • ~FFO APPEALS BOARD MEMBERS y~~ ~Gy o Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. ~ N. P.O. Box 1179 James Dinizio, Jr. y'~Ol Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS 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 before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY APRIL 3, 1996, commencing at the times specified below: 7:32 p.m. Appl. $1368 - SUSAN UTZ. The applicant is requesting a Waiver under Section 100-26 of the Zoning Ordinance, based upon the Building Inspector's March 14, 1996 Notice of Disapproval, in which applicant was denied a building permit to construct a one-family dwelling on vacant land based upon information received by the assessors office since issuance of January 29, 1996 Notice of Disapproval (rear yard setback). Under Article II, Section 100-25A enacted 1/1/96, the subject lot has been held in common ownership with an adjacent lot from 6/17/95 until recently. Town records show the subject parcel was single and separate prior to 6/17/95 when deed iransfer was recorded in the Suffolk County Clerk's Office in a probate matter. The subject lot is shown to be in common ownership with an adjoining substandard lot (1000-18-1-9) improved with a single-family dwelling. The subject parcel is identified as County Tax Map Parcel No. 1000-18-1-12, and has been assessed as a separate parcel known as 295 Youngs Road, Orient for more than 32 years. • Page 2 - Legal Notice • • Regular Meeting of April 3, 1996 Southold Town Board of Appeals 7:35 p.m. Appl. No. 4370 - HUGH MURPHY. This is an application for a variance based upon the Building Inspector's March 8, 1996 Notice of disapproval issued under Article XXIV, Section 100-244 in which applicant applied for a building permit to construct one-story accessory garage in a side yard at premises known as 605 knollwood Lane, Mattituck, NY; County Tax Map Parcel No. 1000-107-6-8. (Location in a rear yard with a 15-ft. setback is required.) 7:40 p.m. Appl. No. 4368 - GEORGE JOHNSTON. This is an application for a variance based upon a disapproval issued by the Building Inspector dated 2/115/96 in which applicant requested a building permit to construct accessory garage building with an insufficient front yard setback and with lot coverage over the 20% limitation (for all building construction), Article III, Section 100-33C (from Section 100-30A.4) and Article IIIA, Section 100-30A.3, Bulk Zoning Regulation Schedule. Location of Property: 85 Mesrobian Drive (private road), Laurel, NY; County Tax Map Parcel No. 1000-145-4-6. 1:45 p.m. Appl. No. 4369 - JESSE and SHELLEY REECE, Contract Vendees/ROSE MARY SCHARBENBROICH, Seller. This is an application for a variance based upon the Building Inspector's February 9, 1996 Notice of Disapproval issued under Article III, Sections 100-31A and 100-31C(2-b) in which applied has applied for a building permit to alter an existing accessory "shed" building (instead of principal dwelling) for occupancy as an artist studio wherein glass works of art will be produced. Location of Property: 800 Halyoake Avenue, Orient, NY; County Tax Map Parcel No. 1.000-27-2-2.9, containing 5.02 acres in an R-80 Residential Zone District. • Page 3 - Legal Notice • • Regular Meeting of April 3, 1996 Southold Town Board of Appeals 8:00 p.m. Appl. No. 9371 - JOSEPH KANE. This is an application for a Variance due to insufficient total side yards based upon the Building Inspector's March 12, 1996 Notice of Disapproval issued under Article XXIV, Section 100-299 in an application for a building permit to construct a single-family dwelling. Property Location: 3100 Sound Drive, Greenport, NY; County Tax Map Parcel No. 1000-33-1-8. 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 are in addition to other hearings. It is recommended that the file(s) be reviewed before the scheduled date of the hearing for updates or new information. If you have questions, please also do not hesitate to call 765-1809. Dated: March 18, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski Y • FORM NO. 3 • TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date To O.S. PLEASE TAKE NOTICE that your application dated 19 .'1.6. for permit to -Ol1;S f2LCGf.. Q:....... ~.rt ?.2. *I.ft /c,... 4 at Location of Property ~/17C7 r C Q l Z/ ~y.o House No. Street Ham/et County Tax Map No. 1000 Section Block Lot Subdivision Filed Map No. Lot No. is returned herewith and disapproved on the following grounds 6 !>1Gd.,,.. d.,& V . Building Inspe for RV 1/80 UARD OF IL FORM NO. I SETS OF PI TOWN OF SoUi-noim .1)RVEY BUILDING UEPARTMENT CIIECR vim im TOWN IIALL SCP'I'IC CORM _.a SOUTHOLD, N.Y. 11971 Li L(! r TEL: 765-1802 NOTIFY: I(1WIl Ut /Z.. . D Ski l cnLl. . Examined 19.... MAIL. TO:.................... Approved a19. Permi Disapproved a/c e . ~4 (Iuilding Inspector) APPLICATION FOR BUILDING PERMIT ~7 pp Date./C2/ ..2..~ INSTRUCTIONS a. 'This application mist be completely filled in by type-Triter or in ink and submitted to the lloilding Inspector wi T sets of plans, accurate plot plan to scale. Fee according to scluechde. b. Plot plan slowing location of lot and of buildings on premises, relationship to adjoining premises or Public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is prct of this application. c. The work covered by this app!. ication ropy not he caimenced before issuance of IAiilding Permit. d. Upon approval of this application, the Building inspector will issue a fluildin>g Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall he occupied or use(] in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been grated by the Building Inspector. API'IACAFION IS IIERE-IIY MALE, to the Building Department for the issuance of a fluilding Permit pursuant to the Building Zane Ordinance of the 'fawn of Soutlold, Suffolk Camly, New York., and other applicable laws, Ordinances or Regulations, for time construction of buildings, additions or alterations, or for removal or (demolition, as herein (described. 'Doe applicant agrees to comply with all applicable laws, ordinances, building code, lousing cale, and regulations, and to achit authorived inspectors on premises and in building for,nec .sary inspections. / (Sigma[ e f app! p, if a corporation) (M.niling address of applicant) ~Ozi'J Slate whether applicant is owner, lessee, agent, architect, engineer, general. contractor, electrician, pludner or Iuilde Name of owner of premises _ .•.f~elz :e (as on tine tax roll or latest deed) If applicant is a corporation, signature of duly audorized officer. (Name and title of corporate officer) Builders License No . Plumbers License No . Electricians License No. Other Trade's License No . 1. location of lard on which proposed work will be done l wd .J// JQiU~.7 ..5./.(.p~ 1.41 Ikxnse Number Street Itanlet Chanty Tax Map No. 1//000 SectiSSo--n.....~....... Block Icot//...5p',?..........n Subdivision C.. A.Llekel..-:,.1 Filed Map No. .~U.C~... lot (Name) 2. State existing use and occupancy of premise and inteeo/Jeo1 u7 aril occulmey of proposed construction: a. Existing use and occupancy b. hriemkil use and occupancy nr ,ldn allolicoble): lLu IA,ilJing Nklit ion All el al. ion Hennval Dennl ii-ion Other Mork 0", !rlptinn) 4. Est: i1ni teti ('1)SL S ~ Fee (10 Ix: laid on filing, this applicatiou) 5. If ckxelling, cxnloer of dWellhy, units Ikruloer of ch,elling; nuts on each floor It garage, nrdoer of cars ..........22......................... b. If Ixlsiness, amlercial or mixed o:ngoan:y, specify lua ure antl extent of each type of use................. 1liueusions of existing structures, if any: Front Rear Pk pth llcight Umdn r of Stories J Dinensions of saile structure With allerations or cuklitions: Front [tear Ik:pth lleight Nrnlfer of Stories 8. 1l guensions of entire nneW constrict inn: Front [tear Depth Ikeiglnt Nnber of Stories r 9. Size of lot: Front Rear (Q U. Depth 3Z P / I(1. 14de of ILrchasee of ForaLl- ()tover// It. Z4xoe or use district in nAlidn pretises are situated ...../-e.Qt 1? r r2. -.e . 12. Iknes prolxosed construction violate any zoning It", ordinance or regulation: ....../.~/iJ 13. Will lot be regraded -VIP Will eJss fill toe rcnorvol ffron .~p/reniisses/: YES V p 14. Wines of Uaner of pretises .t 4~J P,y/4~ Nklress llxxx: fkr.....L.U$ ~ Niue of ArindtecC Mthess l ¢Q~ . 44 llnone ~7. LAX y3 Woe of Contractor Nklress Monet Nn. h. Is this property Within 300 feet of a tidal Werlaol? * YES x..... M *1F YE-S, S(AIIIYIID'NAd1 9121)SIIF9 l'EIMIT MAY RI? ItCljllilUJ). PLAT DIAGRAM Inx:ale clearly and distinctly all Wildings, Whether existing of- proposed, alai inlicale all set-hack dinenslons frnn property limes. Give street and block nrdoer or description according to deed, and alnrxr street hues and inlicale nAietlner interior or corner lot. SS MUM INIY (x' I_ ,1 .....~~"i~. Ix:ing duly ac,ru, delxoses anti says that be is the applicant (Wore of 2'.1i, u4rd. sl ,ring contract) alxwe iwusl, Ike is the (Ccmtraclor, agent, cc'orlx)rnte officer, etc.) of said o+ner or (MIx11-::, nlol if, Only authorized to lerlonn or lave lxer linnr:d the said Milk anal to anlae :aul file Ihis application; that all stateuenLa co tailuvl in Ihis application are tr,e to [lie Ileac of his kuxMlc±(Ige and Ixelief; mot Ibid. the unk Will be loerfonled in the ncuaoer set girth in the application filed lloeruith. :,Lour to I1c.fnr_e ne this ...day of Q ~..19 N(ot ary' IL is * A z R^"r'~,•~ CLAIRE L.GLEW (Sign, e of APIA ant) Notary Public, State of New York No.48795Q5 Qualified in Suffolk County gommission Expires December 1o . /_5 RE e7" e7 0 y. a MAR 1419% TOWN OF SOUTHOLD, NEW YORK Town M SOYh10b APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 7'(.:37! DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, (We) .J.aaeph...LZaae ......................................of ....y.l...Sou.t h...End..Auenu~.......................... Name of Appellant Street and Number New York New York . HEREBY APPEAL TO M.........unici..Pa....litY . State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . DATED ...March,,,12,~ WHEREBY THE BUILDING INSPECTOR DENIED TO Joseph...:Kane..... _ Name of Applicant for permit of 21 South End Aven Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) Building Permit 1. LOCATION OF THE PROPERTY ...3100 Sound Drive ,G ..............R.40 . . Street /Flamlet % Use District on Zoning Map District 1000 Section33 Block 1 Lot 8 Joseph Kane _ Current Owner J Mop No. Lot No. Prior Owner Michael Gilliland 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 °xIv Section 100-244 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 Law Chap, 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has) (lyas 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 (x) request for a variance and was made in Appeal No...... 3621 Dated ......March,,,17,x,19,87 REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x) A Variance to the Zoning Ordinance Is requested for the reason that Proposed residence is to be located at 18 feet (west) and 10 feet (east) from the property line rather than the required 35 feet total side yard set back. Form zsl (Continue on other side) v -i n: REASON FOR APP Al.t(tit~tt Continued t~ A~9f~~ ifYiJi 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because See attached 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ss . .........a'!. COUNTY OF Suffolk ) f9nature Sworn to this day of . q-144-4 Notary Public PATRICIA C. MOORE Notary PutiftStetsofNow Yak Suffolk County • No. 4801008 C m nisefon EvItes June /6,y4L. Reason for Appeal Continued Zoning Board of Appeals re: Joseph Kane Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and asses the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3(b). The variance should be granted for the following reasons: 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties,if the variance is granted. The property is long (over 300 feet) and narrow (100 feet) and similarly sized to the adjoining properties. The residence has been located on the parcel in order to accommodate the topography of the parcel. Moreover, the owner had obtained approvals from all agencies with the subject application but pending other agency approvals the zoning ordinance at section 100- 244 was change resulting in the need for this variance. 2. The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. Due to the topography and nonconforming width of the lot the house has been redesigned several times and is very modest in size. 3. The area variance is not substantial, the variance requested on the westerly side is 2 feet (20 required\18 requested) and on the easterly side is 5 feet (15 required\10 requested). The application of the balancing test weighs in favor of the grant of the variance. 4. The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The properties in this neighborhood are similarly developed, the purpose of this appeal is to develop this lot in conformity with the character of the neighborhood. 5. The alleged difficulty was not self-created. 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. We respectfully request that the appeal be granted,together with any further relief that is deemed necessary and reasonable. { TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET J /0(-) VILLAGE DIST. SUB. jj~~ ? LOT Tose p h DSO U N D -D tP ; l9 ZC ' 1. - ~l FORME~iI OWNER N E ( ACR. ~ct7a~_I ~~111~1a S W TYPE OF BUILDING ES. SEAS. VL. h~ f FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS L 1 -6 G] 3 d a_o ~G o -L 5ZJ ~~-G,7/;land ~a J,%~L~n AGE BUILDING CONDITION JEW NORMAL BELOW ABOVE ARM Acre Value Per Value Acre illable FRONTAGE ON WATER 6 0 ~ 0-0_ 3,2 6 Q 'oodland FRONTAGE ON ROAD O ' .eadowland DEPTH Ouse Plot BULKHEAD 'tal DOCK its \ \ -80 8 , ~ 'fog" of t'~rii~• I LCo Tw'r- pRlJ~}J4~ Y. 4~ \ "4 {fM \ Lam' Gq~,, t~LLIGf •iJ \ 7'N'any ¢ht? 1DS / r' ai ~'1 74 s7 r?o•p pF lOf tog ~ ~ „ su~fG~c Ca l~I ria~°'4SdG) A ~-9,-/ed -AOK bu foot ~C rN-'P 0 "`opi f9.0 TIM r~ro~nanorl r~suc~ak$E+ '~F KM'!y NTY OF SUFFOLK MAY 311 ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.I.C.P. DEPARTMENT OF PLANNING DIRECTOR OF PLANNING April 29, 1996 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) Kane, Joseph 4371 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:gcc C\WPWIN60\WPDOCS\ ONING\WORKING\LDS\SO-0371 APR 220 RABRO DRIVE 0 P-O. BOX 6100 • HAUPPAUGB, IONG ISLAND, NV 11788-0099 • 15167 853-5190 • TAX (516) 853-4044 • i APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman o° i 53095 Main Road Serge Doyen, Jr. ti x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Art`cle XIV of the Suffolk County Administrative Cage, The Board of Appeals of the Town of Southold, New York, he-re-lay refers the follcwi~g to the Suffo1c County Planning Ccrmussion: XX Variance from the Zoning Code, Article XXIV Section 100-2448 Variance from Determination of Southold Town Building inspector Special Exception, Article Section Special Permit Appeal No: 4371 Applicant: Joseph Kane Location of Affected Land: 3100 Sound Drive, Greenport, NY County Tax Map Item No.: 1000- 33-1-8 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Miie of an Airoort Comments: Applicant is requesting permission to construct a single family dwelling with insufficient total side yard setbacks Co0ies pf Tcwn file ana related aocuments encl,seg for your review. Dated: April 18, 1996 ~ QgUfFO(~-~ APPEALS BOARD MEMBERS ~yQ~ GGy Southold Town Hail Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen. Jr. °y P. O. Box 1179 Southold, New York 11971 James Dinizio, Jr.101 **,e Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 16, 1996 Mr. Joseph Kane 21 South End Avenue New York, NY 10280 Re: Your Letter of April 15, 1996 (Landscaping) Appl. No. 3621 (from 1987-Gilliland) 1000-33-1-18 Dear Mr. Kane: After discussing your proposal for minor landscaping changes with our assistant, Linda Kowalski, and in reviewing your letter, it is my opinion that the proposed cutting of small trees and brush for landscaping purposes is permitted as long as it is agreeable with the Town Trustees under the Coastal Management Law. Please note, however, that digging or other disruption with equipment into the soil to remove large trees, stumps, or similar growth is not recommended since it may disturb the condition of the bluff and natural growth which presently aids in the prevention of erosion. Very truly yours, GERARD P. GOEHRINGER GG : Lk cc: Building Inspector John Boufis (Referral to ZBA) kLn!~ L 5 I Joseph Kane ' 21 South End Ave. N.Y. N.Y. 10280 April 15, 1996 Zoning Board Of Appeals Town Of Southold Re. Property Location Sound Drive, Greenport Appeal No. 3621, line 3 Dear Zoning Board I request permission to clear brush and small trees in the area mentioned in line 3 of Appeal # 3621. This is for landscaping purposes, there will be no excavation in this area.Thank you again for all the help. Sincerly Joseph Kane bot jai ~0 dvyl -KA I! E1roW ~ ~n tN s ?,i'~~ 'o'~"J ,8 :B 34,E LC L ~ ~~vl'i ~3?b~! sync ael arrv - ntsd t -tvyau a}+ F .YC - - - .~©d of U Wac/_l Yf3 -72 44 44 94 Y- tidyo CJ ~ ~ , ~gOFFO~~- zi~ APPEALS BOARD MEMBERS °_Southold Town Hall Gerard P. Goehringer, Chairman J 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York l 1971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 17, 1996 Patricia C. Moore, Esq. 315 Westphalia Road P.O. Box 483 Mattituck, NY 11952 Re: File #4371 - J. Kane (Variance) Dear Mrs. Moore: Please find attached a copy of the Findings of Fact and Determination in the above matter. This document will replace the informal resolution confirmed and distributed on April 4, 1996 to assist in expediting the building permit process. Copies of our file have been forwarded to the Suffolk County Department of Planning as required under the Adminis- trative Code of Suffolk County which governs projects within 500 feet of a waterway, estuary, or state/county owned land or highways. Very truly yours, Linda Kowalski Enclosure SlIFFOt APPEALS BOARD MEMBERS o Southold Town Hall Gerard P. Goehringer, Chairman w,, = V 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 3, 1996 ACTION OF THE BOARD OF APPEALS APPLICANT: JOSEPH KANE. ZBA APPL. ,#4371 LOCATION OF PROPERTY: 3100 Sound Drive, Greenport. 1000- .33 - / - b BASIS OF APPEAL: March 12, 1996 Notice of Disapproval. CODE PROVISION DENIED: Article XXIV, Section 100-244B. RELIEF REQIJESTED: Minimum side yard and total side yards requested at 18 ft. on the west side and 10 ft. on the east side, for a total of 28 feet for both sides as shown on Architechnologies Map submitted under this request. MOTION MADE BY: Robert A. Villa SECONDED BY: Gerard Goehringer RESOLUTION ADOPTED: Denied relief of 13.5 ft. on the easterly side, and GRANTED ALTERNATIVE RELIEF for a minimum setback of 15 ft. on the EASTERLY side with the remaining westerly side at 13 feet, for a total of not less than 28 FEET. REASONS/ FINDINGS: Between January 1989 and about December 5, 1995, Section 100-244C provided for certain reduced setbacks (without ZBA approval) for subdivisions approved prior to the present zoning. The Subdivision Map of Eastern Shores, Section IV, was filed March 7, 1966 and at that time, side yards were required by Code to be a total of 25 feet (without ZBA application). The variance requested is seven (7) feet from the current code, and is within the requirement in effect up until about December 5, 1995 (when the new local law became effective for areas of projects requiring County Planning review). The relief is minimal, and continues to preserve and protect the character of the neighborhood and the health, safety, welfare of the community. The result does not create an undesirable change or detriment to adjoining properties when built according to this plan (and former conditions under Appeal No. 3621). 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. GERARD P. GOEHRINGER, CHAIRMAN gUFFO(A- ~~0 CO APPEALS BOARD MEMBERS tiy` Gym o° < Southold Town Hall Gerard P. Goehringer. Chairman at 53095 Main Road Serge Doyen. Jr. P.O. Box 1179 James Dinizio. Jr. ~Oj # ~a0 Southold. New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD TO: Building Department Official Issuing Notice of Disapproval This will confirm that the following action was taken by the Board of Appeals at its Regular Meeting held regarding the application under ZBA #4371 in the Matter of JOSEPH KANE. Specific Relief is for total side yards and one side yard: (X) Denied, and Alternative Relief is Granted subject to the following conditions: 1. Alternative Relief for total side yards shall be not less than 28 feet, total. 2. Alternative Relief for a required minimum of 15 feet from the easterly property line specifically (and thereby leaving a required minimum of 13 feet at the westerly side yard). Date Resolution Adopted: April 3_,y199.96. `Linda Kowalski Official Clerk of the ZBA ~ 00 PATRICIA C. MOORS - i Attorney at Law 315 Westphalia Road MR 2 7 W P.O. Box 483 ? Matfituck, New York 11952 j L Tel: (516) 298-5629 Fax (516) 298-5664 Margaret Rutkowski Secretary March 26,1996 BY HAND Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Variance Application of Joseph Kane Dear Linda: Enclosed please find a letter in support of the above referenced appeal from Doctor Palumbo. Very truly yours, Patricia C. Moore PCM\Mr Encls. <yd'~04 i7'J G~ 712 :vly Q)!-)fLdle45lq Vow ) / 111:E Yv A0,14w 51H rye ~~~~~ld~ q-1,2W17J5- J? I~U'll} =~~~~~yrl ~7a~ I,~ a ! Z~ yr,~ z n 1€e1 '//1 y7( - ml n _L'OdRD1)F APPEALS. TOWN OF UTIIOLD ht the Mailer or the Petition o MDR 'L 996 Joseph Kane NOTI Ef TO ' tLo the Board of ALh Board of ALr eats of the Town of Southold ADJACC[~ [i _ TO: Frank N. & Louise 0. Palumbo PROPERTY O 2555 Youngs Avenue, Unit 17A, Southold, NY 11971 Martin Ehrenreich & wf P.O. Box 1255, Sound Drive, Greenport, NY 11944 Priscilla C. Mulvaney & others Homestead Acres at Greenport, Inc. 521 Oakridge Drive, Cheshire, CT 06410 P.O. Box 274, 1159 West Main Street YOU ARE HEREBY GIVEN 1101 ICE: Riverhead, NY 11901 1. Thai it is the intention of the undersigned to petition the Board of Appeals of the Town of 5011(hnld to request a jVariance) (Special Exception) (Special Permit) (Other) Icirele choices 2. That the properly which is the subject of the Pelition is located adjacent to your property and is des cribed as follows: 3100 Sound Drive, Greenport, NY 11944 SCTM 11 1000-33-1-8 3. Thai the property which is the subject of such Petition Is located in tine following zoning district! R-40 1 list h~ such Petition, the undersigned will request the following relief: Wants to locate proposed residence 18 feet (west) and 10 feet (east) from the property line rather than the -required 35 foot total side yard set back. 5. That the provisions of the Southold -lower Zoning Code applicable to flue relief sought by the under signed ate Article XXIV Section 100-244 [ ] 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 he filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine lire sarne during regular office hours. (516) 7d5-1009. 7. That before the relief sought may be granled, a public hearing nnrst be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five clays prior to the date of such hearing#PTheSss-t#eflt T4 Tm--and ht 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: March 13, •1996 Patricia C. Moore Petitioner 0wners'Names: Joseph Kane Post Office Address P.O. Box 483 Mattituck, NY 11952 tel. No. ( 516 ) 298-5629 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] BOARD OF APPEALS an aaaiuuu w an existing COUNTY OF SUFFOLK TOWN OF SOUTHOLD dwelling with an insufficient STATE OF NEW YORK ss: front yard setback, at premises NOTICE OF HEARINGS known as 3105 Oaklawn Av- Joey Mac Lellan, being duly sworn, says that enue, Southold, NY; County NOTICE IS HEREBY Tax Map Parcel No. 1000-70- he is the Editor, of the TRAVELER-WATCHMAN, GIVEN, pursuant to Section 6-8.A35 ft. front yard setback a public newspaper printed at Southold, in Suf- 267 of the Town Law and the or the average establish folk Coun Code of the Town of Southold, within 300 feet on the same County; and that the notice of which the the following applications will block, is required on a 'parcel annexed is a printed copy, has been published beheld for public hearings be- containing 12,500+ sq. fr. in said Traveler-Watchman once each week for fore the SOUTHOLD TO •`,':7:40 p.m. Appl Nos 4368- BOARD OF'APPEALS,atthe GEO hRGE JOHNc OHN fora. ........................................................................weeks il4ain RoaJd SoutholdSNew. 'bisaha EO 11 ased.upon a disapproval is- successively, Commencin on the Yo . a~ rk II97i;-on WEDNES y the g p which DAY, APRIL 1,1996' coin a iid /15/ estgd a building peter da of Y / ° 19. J6 mencmg at the tunes specified A below ;&x s mit~to construotaccessory ga ' e building with an insuff- r" 7 32 p m. Appl #4368 (A & rag g B)- SUSAN UTZfJ16applt cient front yai Lsetback`agd cant ss requesting a Waive with lot coverage over, the 20% under Section 100-26,'1 'Irmitation(for all building con- Sworn to before me this day of thi stiuction), Article III; Section A ZonstigOtdinance b u theBuildmgLis ctofsl4~atrl I00.33C.,(from Section 100- .....................................192. 14; 1996 Notsce ofDis ap- ^p- 30A:4) and Article ILIA, Si proval in which apphcantrwas lion+I00-30A.3, Bulk, Zonin ` t deniiIasbuildsnggpeimit ta, Regulation Schedule. Location dnsp cp{ o'nn jams, r 'e of Property:. 85 Mesrobian Ing m Drive (private road), Laurel, Notary Public mf ratouannnfteilsceiv¢d°°bb'hep r~s NY; County Tax Map Parcel i sessorsofsiarsot5ce : yth of BARBARA A. SCHNEIDER sihcetssuance No. 1000-145-4-6: NOTnRY PUCLIC, State of New York January 21906zVotice0 fDis ' 7:45 p.m. Appl. #4369 tdo,EM1C546 approval(' ydrd sEthack).' building permit to construct a Qual f ed in Si County Under Article II Section 100 JESSE AND SHELLEY g Corrin ssion Expires REECE, Contract Vendees/ I single-family dwelling Pro - 8/31/?6 25A enacted 1!1'!96, the`su6jecf erty Location: 3100 Sound lot has been 6eCdln; cohi>n`o RAE MARY SCHARBEN" I Drive, Greenport, NY; County BROICH, Seller. This is an ownership wstlaanadjaoen td, application for a variananX 18 Map Parcel No. 1000-33 from6/17l95 unhl recent) , Town recordsshowthesutiject based upon the Buildings The Board of Appeals will arcs sin le and Inspector's February 9, 1996: P g _ separate at said time and place hear any prior to 6/I7/95 whea'dee Notice of Disapproval issued P ,tmderArticleIIl;Sections 100- and all persons or representa- transfer was szcorded "in the fives desiring to be heard in the . 3J A and 1 0.31 ppli pli- in, Suffolk Cou"`YClerk Offce which applieddhas aped for above applications. Written in a probate matter The sub-` a building permit to alter an comments may also be submi j 15 C~ M ~C ject lot is shown to be in com- existing accessory "shed"' led prior to the conclusion of I mon ownership with an adjoin- buildin the subject hearing. The above ing substandard lot (100-18-I- g (instead of cy as ok hearings will not start before N14R Z I dwelling) for occupancy as an 9) improved with asingle-fam- artist studio wherein lass the times designated, and are 5 hearings. It y ily dwelling. The subject par- Works of art will be produced. in addition to other cel is identified as County Tax is recommended that the file(s) Location of Property: 800 L Map Parcel No: 1000-18-I-12,/ Halyoake Avenue, Orient, NY; be reviewed before the sched- and has been, assessed as County Tax Map Parcel No. uled date of the hearing for up- separate parcel known as 295'1 1000-27-2-2.9, Containing dates or new information. If Youngs Road, Orient for more 5.02 acres in an R-80 Resider- you have questions, please also than 32 years..' do not hesitate to call 765- - 7:35 p.m. Appl. No. 4370. I tial Zone District 1809. HUGH MURPHY. This is an 8:00 p.m. Appl. #4371-JO >,i SEPH KANE. This is an a- Dated: March t 1996 application fora variance based P BY ORDER R OF F THE upon the Building Inspector's Plieation for a Variance due to SOUTHOLD TOWN insufficient total side yards BOARD OF APPEALS March 8, 1996 Notice of Dis- based upon the Building GERARll P approval issued under Article/ Inspector's March 12, 1996 No- GOEHRINGER, Chairman XXIV, Section 100-244 ib ! lice of Disapproval issued un- B Linda Kowalski which applicant applied fora derArticle XXN, section 100- y IX- building to construct I 3!21/96(32) i 244 in an application .fof a OSUFFO(,~ • Off' C4 APPEALS BOARD MEMBERS' tip` °y Southold Town Hall Gerard P. Goehringer, Chairman coo 53095 Main Road Serge Doyen, Jr P.O. Box 1179 James Dinizio, Jr Southold. New York 11971 Robert A. VillaFax (516) 765-1823 Lvdia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 18, 1996 Patricia C_ Moore, Esq. P.O_ Box 483 Mattituck, NY ,11952 Re: Appl. No. 4371 - Joseph Kane Dear " re: Please find enclosed a copy of our Legal Notice published in this week's publication of the Long Island Traveler. The public hearing has been calendared for Wednesday night, April 3, 1996 at 8:00 p.m., to be held at the Southold Town Hall (court room). Please be sure to have the Town Poster placed at the property at 10 feet (or less) from the front property line near the entrance to the property, where it can be easily seen by passersby and Board Members viewing the neighborhood over the new few days. Once placed, you will need to sign the attached Affidavit of Posting and return same to our office for the permanent file. Please call if you have any questions. Very truly yours, Linda Kowalski Enclosures APPEALS BOARD MEMBERS ~~gUFFO~,~ C ~y~ GGy Southold Town Hall Gerard P. Goehringer, Chairman o° 53095 Main Road - Serge Doyen, Jr. x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora * Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 3, 1996 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4371 Project/Applicants: Joseph Kane County Tax Map No. 1000- 33-1-8 Location of Project: 3100 Sound Drive, Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct single-family dwelling with insufficient total 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 $44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}.. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. gv~onto , O G' ti JUDITH T. TERRY = L Town Hall, 53095 Main Road TOWN CLERK w = P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS r MARRIAGE OFFICER Fax (516) 765-1823 yijJ O~ U RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER 1 ~zr61^" OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4371 DATE: MARCH 14, 1996 Transmitted is an application for a variance submitted by Patricia C. Moore, Attorney on behalf of JOSEPH KANE together with Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department; Short Environmental Assessment Form; Zoning Board of Appeals questionnaire; and other relevant documents. rY1 y`~ Judith T. Terry Southold Town Clerk PATRICIA C. MOORE Attorney at Lew 315 Westphalia Road P.O. Box 483 Mattituck, New York 11952 Tel: (516) 298-5629 Fax: (516) 298-5664 March 13, 1996 BY HAND Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Variance Application of Joseph Kane Dear Ladies/Gentlemen: Enclosed please find the following for the above referenced matter: 1. Notice of Disapproval 2. Application 3. Notice to Adjoining Property Owners Form 4. Environmental Assessment Form 5. Z.B.A. Questionnaire 6. one original and six copies of a site plan 7. Authorization letter by Joseph Kane 8. Copy of Appeal No. 3621 dated March 17, 1987 9. Disclosure Statement 10. Filing fee check Please place this matter on your hearing calendar. Thank you. Very truly yours, Patricia C. Moore PCM/mr Encls. BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of Joseph Kane NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: Frank N. & Louise 0. Palumbo PROPERTY OWNER 2555 Youngs Avenue, Unit 17A, Southold, NY 11971 Martin Ehrenreich & wf P.O. Box 1255, Sound Drive, Greenport, NY 11944 Priscilla C. Mulvaney & others Homestead Acres at Greenport, Inc. 521 Oakridge Drive, Cheshire, CT 06410 P.O. Box 274, 1159 West Main Street YOU ARE HEREBY GIVEN NOT ICE: Riverhead, NY 11901 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a(Variance) (Special Exception) (Special Permit) (Other) (circle choice l 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3100 Sound Drive, Greenport, NY 11944 SCTM ll 1000-33-1-8 3. That the property which is the subject of such Petition is located in the following zoning district: r R-40 -1 111.11 bi such Petition, the undersigned will request the following relief: Wants to locate proposed residence 18 feet (west) and 10 feet (east) from the property line rather than the -required 35 foot total side yard set back 5. That the provisions of the Southold -town Zoning Code applicable to the relief sought by the under- signed are Article XXTV Section 100-244 [ ] 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 Snulhold, New York and you may then and there examine the same during regular office hours. (516) 745-1.809. 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 prior to the date of such hearing.ictri-he SMTI0+k T4"mtmLin 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: March 13, '1996 Patricia C. Moore Petitioner Owriers'Name s: Joseph Kane Post Office Address P.O. Box 483 Mattituck, NY 11952 Tel. No. ( 516 ) 298-5629 [Copy of sketch or plan showing proposal to be att"g01Cd.4fhrt- lonvenience yAUd ::'s'f -tn: ? ,h!},Yy`i ,.toy purposes . ] e.3018:4A ,sus - sf^va7 rr~.tr. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS AM ADDRESS a Frank N. & Louise 0. Palumbo 2555 Youngs Avenue, Unit 17A Southold, NY 11971 Martin Ehrenreich & wf P.O. Box 1255 Greenport, NY 11944 Priscilla C. Mulvaney & others 521 Oakridge Drive Cheshire, CT 06410 Homestead Acres at Greenport, Inc. P.O. Box 274 Riverhead, NY 11901 4 , STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) Margaret Rutkowski residing at Theresa Drive, Mattituck. NY being duly sworn, deposes and says that on the -13th day of arc ,19 9696 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- rice at Mattituck, New York ; that said Notices were mailed to each of said persons by (certified) (r14iYXiF7ii~) mail. , ~7 Margaret Rutkowski Sworn to before me this 13th day of rch 19 96 Notary Public RSA C MOOIIE NnMty pw ft lido d N9w VWk Iitsli0~t ~ • Na 1/stel9 allomwwion BSI n JWW 1a -W& (This side does not have to be completed on form transmitted to adjoining property owners.) Z 259 958 898 Z 259 958 899 Receipt for Receipt for Certified Mail Certified Mai' - No Insurance Coverage Provided No Insurance Coverage Provided i igi Do not use for International Mail -'o-, Do not "Ise for International Mail arr,.r,Era, (See Reverse) ISee Reverse) n 00 Su ta, drank N. & Louise 0. Palumbo _m Martin Ehrenreich & wf _ Smm and No. t Street and din a 2555 Youn s Ave. Unit 17A P.O. Box 1255 2 P 0 star' and /IP Code P O.. State and ZIP Pura c Southold NY 11971 C Greenport, NY 11944 Postage ~ Postage Go $ .32 M $ 32 co E CarI111 Fee E Cen.fiO Fee 1.10 0 1.10 0 special Delrverv Fee spear. Deirvery Fee . `A U. fq N Rasmoer Denvey Fee - t Rusmcred Delrve:y 4ee 'return Hecaipt Sm,, P, Rehm Receipt Snowing m WAOm & Date Delivered to Whom & Date Deliverer Reurn Receipt SFOwinq to W mm Return Receipt Showing to Wham, Date. and AddicsIn' , Addr,t Date, and Addrossee'I Address Tv A„ ..aria TOTAL Postage $ 1.42 In' $ 1.42 & Fay -1 1 Pcstrua,k or ]ate Postmark or Date r Z 259 958 900 Z 320 890 861 Receipt for Certified Mail Receipt for No Insurance Coverage Provided Certified Mail Do not use for International Mail No Insurance Coverage Provided ..~~wx•r (See Reverse) Do not use for International Mail (See Reverse) Priscilla C. Mulvaney & o rs m septa Homestead Acres rue 0,, at Green ort Inc. 1 an o~ bakridge Drive L s„ t.ndnp {e q~ Box 274 G?esn ire, CpGT 06410 P . Statera d ZIP Code Peetape $ 32 c 4tive ead, NY 11901 0 Postage € Cennpp Fee $ .32 1.10 o € Weaned Fee 1.10 LL Spaaai D,,very Fee O to Delmerv ~R. a aaetrieter Da. _r, Due to Spaaal Fee a Restricted oeliverv Fee Return Receipt Snowing to to Whom & Date Delivered Return Receipt Showing Rehm Receipt Showing to Whom ne Whom & Date Dol-ree Date. and Atldress , Address Return Receipt Showing to Whom, TOTAL Postage Date, and Addressee's Address & Faes $ 1.42 rorAt Postage $ 1 .42 Postmark or Date & Fees Postmark or Date tuS.A 2971-: as[ t2 " 'ea.lEi• IA. .`[UMEEA 577= SG'.~1R Appenats C state Environmental Quality Review . SHORT ENVIRONMENTAL ASSESSMENT FORM Fcr UNU=-= ACTIONS Only PART t-?ROlECT INFORMATION (CO be =rnoietea tJy Aacacant or Projec. sponsar) t. APPLJCANT,SPONSOR L PR=XC.' NAME Joseph Kane I Kane Residence 1. PRO.izC7 LOCATION: Meet Ilv Green port Ce Suffolk a. PREasE LOCATION Isfre.l aoeNea we Ivan IMm.clem. yfelllRl~nt ' ' e[L W m * I 01 3100 Sound Drive, Greenport SCTM#1000-33-1-8 _ S. IS PROPCM AC-.CM f- i e . C AeNllaea[Vi to aflen 3. OESGJIeE PRCEC. 3RIEFL:- . Build new residence on subdivision lot 7. AMOUNT OF 1~00 APPECM2 InIUMN . 5 UltlmalPN • 5 aeec 3. MLL 7RCP65E[Ti•-AG.C:1 G.VPI .WITH -2XISTING ZONING OA O 61 5"•ING 1.w0 USe AF3i IC'CNS? Te Ne It Na :es~'ICe Minh Variance requested for side yards I w»Ar Is PRESe~fr trwa USE IN VICNer CF PRas-r - K.;AealealPal L_: nause[1 rG•Immele:af I_.:4nr_uaue rPanuFmesuCOan soxa [actu Oa+~lee: to. ICES AC.-CH INVCt A M-MUT APPROVAL CA FIJNOING NCw CA UL7MAT~e_T ARCM ANY aTNER GOVERNMENTAL AGENCY (F` F--AI. STATES on LCCALJT . C'!q LINO It YR JQe11CR9 116 erm[Viee[enatS ;i. _CE5 ANY ASPEC OF liE Arr./>f NAVE A OURRENTLT VALiC PERMIT CA APPROVAL^ Ttl `.W It yc AM ae~er naaN ane OYe[IeAeele'+1 Health Department, DEC no jurisdiction letter tt_ As A AESULT OF -9CPCSIM ACT:CN 'MLL MOSING PERMITJAAPROYAL AEOUIRE MOOIPG.TJCN7 aY~ I~(Ne I CZRnFV TNAr 71E INFCAMAnON PRCVIOEO AflCVE :s TRUE -.1o TNE MM-1 OF MT KNCwLE.]'' GE I Aeeuane:cenam „al„,_Patricia C. Moore, as attorney Oat= 3/13/96 S;gna[urc If the action is in the Coastal Area. and you are a state agency, ccmciete the Caastat Assessment i•orm before proceeding with this assessment OVER (CQn.lnued an reverse side) Tte M.T.S. S,:v:_orsea:cal Cuail c: Review ac= reauiras submissan of t:.is .o and an eavL_ancenc=l review wi11 'we sioe l,y t- - :;oar= . hetore aav ACtian is taken- SHORT E7fyIrONMSNTTL aSS.ESSmMfT ?OEM +MSTRQC-IONS: (a) in order to answer `=e gtes`cas a this short Eae it is assumed that the Premerer will use cu-=encly available information aoacs=m=q the Project and the Likely iamacs of the aC=i=. rt is not eaee.d that additional r--dies, resear= or otter investigations vi,L be "nctertykeb- s (b) L any question has bees answered Yes the Projec-_ may be siq- si_iraat and cmimleted Savi-=n%mn=+, Assessment Far= is necesserv. (c) L' all questions have berg answered 9a it is likely that the Project is not significant. (d) ~uvi_-Momenta]. assessment 1- ALl Project =-,mlt a a La.^-qe Paysir3L flange . to tte than 10P~aces of and Payz:L-I altar mars -fas .1-1110 2- R lT there he a major ~~aage to nay " - or =usual :,^a s-a= on `=e sit=? - _Tea vo 3- ,g TT Project altar or have a Large e_ssec_ co, as c-c st•:nq body of +at_? _Yes -LIO 4.. Will Project have a PetaatialL-7 Large i=nact an T=U=dwater giality? _°es 5. NLl arojeet 3i ==-7y etfact drXiaage lmaw an adjacent s-4tazz _?es Aft o- iii== Pu7je~ mus=t aav t!!-Z at_ed or endaage--ei - P1aat or aaiaaL species? _!as _Lxo 7. '941, Project =3uit a a major adve_^se etfec- oa -4-- -Yes _b, a. will mrojec= have a major et=act on visual, ^=ar- aC-er a= the C==.='_-_7 Or aCeniC Tawx or a%zt~< :eawa to be imnortaat to tts c= m..,.. --7? _Yes (vo . 9. Will Project adve--'rely imaac= .nay s•ts or s^r- . u=a at histor-c, Prs-Luis-,.ar_e. or Pale M=logital imPor-.aatn or any sita designatad as a c ticsl eav===amzal, area by a local agenej? -,'es 1-170 L0. "Fill Project have a major affaet an e:cstsq or :at•,.rn ra~aa«: oeoarrsities: _?esvo . project =asult in major _-af~se Pr^_blems or . manse a major atfee_ sx s-. :q timnsmor-3tian . sy,3 °ss Va 1. ail,y Project regularly cruse objet=tamable odor, Moue, glare. vibration, or elec--i'7 disty~ - aaae as a '-exult of ta Project. s aaera=t.on? ~_!es y~lo Will Prajeet have aav imnac= an Pub or safatr? tin bealt_: -fez h Vo 14. Will- Project af_act the esis._mq i.!: by di_ec=1y causing a grcwch in oer=anent oaoula- Con of sore than 5 Per=nt over a one-;ear vsfo Pe ad or have a Major negacve etfacc an the , aharacz^ of the =M=MM=!77 or seignborhood? 15. rs there oub Lic `roversv csncar-ing the Prajee 7=amarer13 51grarsre- ?resen=iag: :70fIr?sN ^/A Cats- 3 9/q5 o J fl it nU I CU nl n~ 7 nl O c~ n ri c~ N r I j' d 1 F nl h ~ 11j nl- a7 U U fl 1.7 to, : n u ,l ° IJ ~1 Ivnl nl ni'tf m p U q i 11 ai ji nl Vj J d li I I71 i~ nl~ b~ j rl J rJ .I a tl N a f j1 •r n IQ W li M 4 U N FvI1 I ~1 t tr F 't1 I~ O i It I J 4 It, N .t i W d • 1 a7 al yN~~ rr NN 1 = r .r ;'t I of i~ In a fJ c U F~ •rl ~j N or F In Q rl ` P ri 1 IJ lJ N ll lJ fJ U PI W' E 1 1 q .[01 7; .(1 I vl 'd nl ° J~, p, N • U 4 f J N U r; 5 07 al .C1 e7 j fl U N e r 3 J N V~N~ U -I n~ fl t7 l 0) 0 H I AI jJ F Nl nl fl, • rf C U JJ I'+ r~ J DI'C ; f, ;q~Q N,,.,,~ .j; r ~,r1 fl : VVqII u to ' -1 I N N" .I, U 'P, N N H m Fl pJ rl O N t V P ' , 01 M O U' tp I dl t al J ' v. 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Na 6-L841 "Tc.--L. .YDS [Amended 8-25-7,i; by L*"(o. 2=s° i o: 3-5- 43 o -r Ya- s-T OR A- LLn.iL Li ' YDS (1) X111 toads urne--at2y covered or invarmi dy cov- erea with. or which border an. ddai warets or lands lying beneath tidai waters winch at mesa low tide are covered by tidal waxen to a ma:dmum depth ai ave (5) fec iniduding but out limited to bans, bags. salt marsh, swamps, meadows, flats or ather low lying lands subject to tidal adopt (2) All banks. bogs meadows. fats and ddai mane subject to such Odes and upoa which grows or may g-aw some or aay of the following: salt hay. black 3r'- = saltwors. set lavender. W1 cordg:-tss. zip bash. rte'-iIs 2'!a..ndspi a=nm Ia%r taw ssrah cfn~ ~cr (3) All 1==d b:nmedi=z,.T=ij= 1t3 a dd ni = s=d aS deEned in Suosecon A(2) and lying within seven- ty--ace (TS) 'feet landward of the mosrlandward edge ai such a tidal wa,fnna (1) sit" c med;zncis- as dea3aed in _Lrtice 2:- ii- tie L. § 24-010T. Subdivisions 1(a) to L(d) inc!usive- ot »12 Ezvironmencal Canserv:t!an l=.r of the SL-:e of a.v .Tare-zd (2) All t_nd immediace!y adiacent ca a',:zsh«-ater wet- land. as defined in Subsection 6(1) and lying with- in seventy-five (TS) feet landward of the most nd- `ra-= edge of a *re<-nwccer -e!1_rd 97 05 ~.as DISCLOSURE I, William D. Moore hereby state pursuant to General Municipal Law Section 809 and Southold Town Code Article 10 the following: 1. An application has been submitted by Patricia C. Moore to the Southold Town Zoning Board of Appeals on behalf of Joseph Kane. 2. Patricia C. Moore is an attorney duly licensed in the State of New York practicing as a sole practitioner with her own clients. She is not affiliated with my law practice. 3. Patricia C. Moore is my wife. 4. I am a member of the Southold Town Board. 5. I do not directly or indirectly review, discuss or participate to any extent in the matter of Joseph Kane before the Southold Town Zoning Board. 6. Patricia C. Moore is compensated for her legal services, at an hourly rate, regardless of the outcome of the case, and her fee is not contingent on the results obtained. Dated: March 13, 1996 ailliD.e 21 South End Avenue New York, NY 10280 March 13, 1996 Patricia C. Moore, Esq. 315 Westphalia Road P.O. Box 483 Mattituck, NY 11952 Dear Ms. Moore: I, Joseph Kane of 21 South End Avenue, New York, NY 10280, hereby authorize you to make an application to the Zoning Board of Appeals, Town of Southold on my behalf. Very truly your oseph Kane BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of -?OSEPi-i K.4st/~ ------------------------------------x CONFIRMATION OF POSTING 1, PaU r_e w ~i i/OOnt residing/ at _3JC /P/ ~2nouc/r~GJ being duty sworn, depose and say: That on the G ' `day of 199 I personally posted the property known as "3/GC So~?v OQivE, herE t'od2T NY" by placing the Town's official poster Notice on either a stake, fence, or other post near the driveway entrance into the property, on the applicant's property where it can be easily seen by passersby, and that the poster has remained in place at least ten (10) days prior to the date of the public hearing (date of hearing noted thereon to be held /_}a4,,( 2r-C, 1996.) Dated: 1996 (signature)