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HomeMy WebLinkAbout4404 New• s eJ~. ecJ~, ~ ~.~,a~. i v o iC•/j~ p_cs y C3 / 33 a ,t4?t-u~k /X i/S~i ' O~~gUFFO(~-coG APPEALS BOARD MEMBERS c`2` y~ Southold Town Hall Gerard P. Goehringer, Chairman W 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. 'COI ~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 ACTION OF THE BOARD OF APPEALS August 21, 1996 APPLICANTS: RICHARD NEMSCHICK & SUZANNE AUER. Appl. #4404 LOCA'T'ION OF PROPERTY: 1035 Sebastian's Cove Road, Mattituck, a/k/a Lot #9 on the Sebastian Cove, Section II Subdivision Map. COUNTY TAX MAP DISTRICT 1000, SECTION 100, BLOCK 3, LOT 11.14 BASIS OF ACTION: July 16, 1996 Notice of Disapproval from the Building Inspector, ref. Article XXIV, Section 100-244B of the Zoning Code concerning proposed 50 ft. front yard setback from property line adjoining cul-de-sac. MOTION MADE BY: S. Doyen SECONDED BY: J. Goehringer ACTION/ RESOLUTION ADOPTED: APPROVED 50 ft. front yard setback as applied. (due to closeness of wetlands on this site.) REASONS/ FINDINGS: Local Law adopted by 'town in December 1995 did not continue the code language allowing for reduction in setbacks for subdivision lots which today may be nonconforming and over 40,000 sq. ft. There is no relief currently provided for these lots except by variance application, although schedule 100-244B allows for relief for lots under 40,000 sf. in size. The only alternative available for owners of lots over 40,000 sf. is to request a variance. This type of variance is not uncommon for lots fronting along cul-de-sacs, and the reduced front yard setback is similar to, or the same as, those built prior to January 1996 in this subdivision and immediate areas which were formerly allowed with a 50 ft. setback by code provision (100-244). VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Robert A. Villa, and Gerard P. Goehringer. (Member Tara was absent,) This resolution was unanimously adopted. ZBA:lk Ci L~ 'GERARD P. GOEHRIN ERACH RMAN Approved T'oi•~"iTirig. RECEIUD AND FILED BY THE ,SO OLD TOWN CLERK DATE <i/,~9/46 HOUR J, OC) P k o ..er t•'Town o :;outT . APPEALS BOARD MEMBERS ^ ~ $UFFaL ~ y0\Q C~G3 Southold Town Hall Gerard P. Goehringer, Chairman -:P 53095 Main Road Serge Doyen °w Me P.O. Box 1179 James Dinizio, Jr. p Southold. New York 11971 Robert A. Villa 1h Fax (516) 765-1823 Lydia A. Tortora 01 # ~a 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, AUGUST 21, 1996, commencing at the times specified below: 7:25 p.m. (Carryover hearing, continued from 6/26/96 and 7/24) Appl. No. 4389 - TIMOTHY GRAY and JIMBO REALTY. 7:30 p.m. Appl. No. 1409 - VINCENT AND LINDA BASILICE. Request for a Variance under Article `{:III, Section 100-239.4B based upon the Building Inspector's July 23. 1996 Notice of Disapproval concerning an application for a building permit to construct addition to existing dwelling, four feet of which will be located in the rear yard, within 75 feet of bulkhead. Location of Property: Peconic Bay Estates. 3255 Bayshore Road, Greenport, NY; County Parcel ID 41000-5.',-6-8. This parcel consists of 11.625+- sf. 7:32 p.m. Appi. No. 1406 - BARBARA ADAMS. Request for Variance based upon the June 18. 1996 Building Inspector's Notice of Disapprovai under Article III, 5ectiou 100-33 issued on the foilowing grounds: A building permit application has been filed requesting the iocarion of ail accessory, buildin- in )u urea other rhau the rear card at 5-100 indiun Neck lane, 11w•onic. NY: C,nuu T:+_: Map Poreei :1000-36-07-:?. Page 2 - Legal Notice • Regular Meeting of August 21, 1996 Southold Town Board of Appeals 7:35 p.m. Appl. No. 4403 - PATRICIA AND THOMAS MONAHAN Owners. Request for a Special Exception to establish Accessory Bed and Breakfast Use with owner-occupancy and residency, as regulated under Article ILIA, Section 100-30A.2-B (ref. 100-31B(14a-d, and 100-31B, limited to the renting of not more than three rooms for lodging and serving of breakfast to not more than six casual and transient roomers, provided that the renting of such rooms is clearly incidental and subordinate to the principal use of the dwelling. Location of Property: 26350 Main Road, Southold, NY; County Parcel ID #1000-109-4-5. 7:37 p.m. Appl. No. 9909 - RICHARD NEMSCHICK and SUZANNE AUER. Request wider Section 100-244B for Variance based upon the Building Inspector's July 16, 1996 Notice of Disapproval wherein applicants have applied for a building permit to construct new dwelling with a setback at less than the required 60 ft. in this R-80 Zone District. Subject property is known as 1035 Sebastian's Cove Road, Mattituck, a/k/a Lot 49 on the Sebastian Cove, Section II Subdivision Map; County Tax Map Parcel ID #1000-100-3-11.14. 7:-I0 p.m. AppL No. 4405 - GEORGE and CAROLE BAMBRICK. Request for Variance under Section 100-30A.3, Bulk and Lot Size Schedule, based upon the Building inspector's July 17, 1996 Notice of Disapproval for a proposed reduction in lot size of Parcel ID 11000-59-5-8 and proposed increase in lot size of Parcel known as 85 Lake Court, Southold, Parcel fl) 41000-59-5-7_ Both lots are presently nonconforming in lot size in this R-90 Residential Zone. Page 3 - Legal Notice • • Regular Meeting of August 21, 1996 Southold Town Board of Appeals 7:-15 p.m. Appl. No. 4407 - HUGH and ROSEMARY MURPHY. Request is made for a Variance under Article XXIV, Section 100-244 (original application), based upon ZBA Appeal #4370 rendered 4/3/96 which was limited to approval for a porch addition to an existing dwelling. This application is a request filed with the Building Inspector on 7/18/96 to reconstruct dwelling and add proposed porch addition. The second application may contain new circumstances which were not concluded at the hearing for the first application regarding the condition of the existing dwelling. The existing dwelling is to be rebuilt maintaining the same nonconforming front, side and rear yard setbacks. Location of Property: 3105 Oaklawn Avenue, Southold, NY; County Parcel ID #1000-70-6-8. 9:17 p.m. Appl. No. 4402 - BARBARA P. KELLY. Request is made for a Waiver under Section 100-26, based upon the Building Inspector's July 8, 1996 Notice of Disapproval which action indicates that according to Article I1, Section 100-25A, that Lot #1000-104-2-28 and Lot #1000-104-4-29, have been held in common ownership since July 1, 1983, and were created between April 9, 1957 and December 1, 1971. Street Address: Bay Avenue (Skunk Lane), Cutchogue, NY. 7:50 p.m. AppL No. 4408 - JOSEPH and AMY-SUE MALAVE. Request is made for a Variance under Article XXIV, Section 100-24413, based upon the Building Inspector's July 29, 1996 Notice of Disapproval for approval of a portion (corner) of new dwelling, under construction as exists, with a reduced front yard of one foot (or slightly less). This 40,252 sf parcel is located in the R-80 Zone District at 245 White Eagle Drive, Laurel, NY; a/k/a Golden View Estates (1981) .Filed ',Vlap, Lot #27. Page 4 - Legal Notice • • Regular Meeting of August 21, 1996 Southold Town Board of Appeals 8:00 p.m. Appl. No. 4397 - ALLEN W. OVSIANIK. Request is made for an Interpretation of the January 10, 1989 Zoning Map, Article II, Section 100-21, and Article III, Section 100-31A to confirm location of zoning district line of the "B" Business Zone District (ref. Article II, Section 100-21). Property Location: 225 Eugene's Road, Cutchogue, NY; County Tax Map ID #1000-97-2-16.5 and 15. Present Zoning: General Business for the northerly portion, and R-80 Residential for applicant's property to the south. 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 may be in addition to other carryover 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 do not hesitate to call 765-1809. Dated: August 2, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x • crJnM nio, 7 • TOWN OF SOUTlIOLD BUILDING DEPARTMENT rmm CLERK'S OFFICE SOUTHOLD.N.Y. NO-I'ICE OF DISAPPROVAL p ~I o o,~/ _ f Date ...~..A6; 19 moo,' . i. 3' PLEASE TAKE NNO~I'ICE that your application dated ~ 7... 1996 for Permit to at Location of Property . /U.. ' ~'Q^'v House No. Street Hamler County Tax N-fap 1000 Section ~~d.... Block ....3. / Lot ~~.~.Y. C Subdivicior{~ ~f iled iblap No. 7 9 .7 4 Lot No. is returned herewith and ddknp~proved on the following grotmds 9p(p ~ jp3 iy o y 1141 tau ~ di Lnspertor. RV 1/fl0 IIIIARII 01 IIRALI II 11INNI fill. 1 ) SRTS UP PLANS - - fR~ ffi~J f~~ q7I fc TOWN OF SOUI'llOLD . S"HVRY . • . . . ' . . . LS Lw l5 V LS f 1 BU I LHI NC HEPART"HHT CHRCR TOWN NALL IiKPTIc FORH SUHTIiOL", II.Y. 11971 ~,li 271119fi IE14: 765-1110) NOTIPV: CALL BLDG. DE'T li~:rni«w;OWN FS. TIO,LDr-~9:'... HAII. TO: P1 .,C~.ar evnSC~,c Alin rived 19.... 1'e nni l: Ib. 1 V hinnlgnwed n/c ~(G~6............. ...~~r?.\~;.~!-f~4,C ~:...1..... . ~~.5 (Ibildllog Innlmcinr) APPLICATION FOR IIUILOI111: I•P.I III Dnle .................19.... INSTRUCTIONS It. this applicall(nr punt. he crnplrlely billed In by lypinm iler or in ink cowl nOW Iced to the Noildiry; Innprrlol will I celn of pinnn, ncctwnle ploC pin" to ncnle. Fee ncrordinl{ In nchedule. Ir. Phil. plan nlnrcrfrY; Incnliret of I(11: fled of dxrildingn co prranises, t.-elnl ionnhip to rxijnining prtmipen or le Iblie Itneln or (o-nna, fix] givielt n detniled Aenoriri lot of Inyrno of Isolmtty volef be dim" cat the dingrws thiich In Intl. of win spplicnldon. 'If,". tank covered try Ihts ;,fill lent: i(wr ploy tw)l. be cunmleed he fore IIsmaili P of Ikrt ld tog PeonlI d.' Npoo opio(rvnl of thin wppl trot. hie, the Bull Wing buiector will issue or 14rilding relish : to Ilse split ivisl(. !;o' 11 imnni 1. nhnll Im kept car the premises nvnitshin for lumped for Hwooghort the txnit. P. Ib Uridding sluttd roll «xa,fried or oned in whole or in lr:nt for only lwrrpone ainttever onfll n WI Ifirnle of (kcolaaey nhnll have Imes gtnnled try the IknildinN Innimclor. AVVIJCAIION IS INTATUIY ME la the IAtildieg Depnrtnelot for the innamtre or n riothilnf, 1'erndl: lAssonid to the NoOlding 7txe (Inllrrarxie of the Turn of PxxtUxrtd, Suffolk Gnlnly, New York, food other applicable It(ws, Or(dinmrces of Hegolutionr, for Ile (vxvttroctior of Inlildingn, twkllt Irwin or olternl tom, or For renrval or ikeirlitlon, nn herein denet Hoed. the applicant ngreeh to calply with fill nlrydicnble hrwn, ordinnncen, bartldisli colle, horning code, nod regolal fort, not to rxbil: (nrtlxrrized innlmclorn or pr"ninen nod in ImIldlnn lit recennnry innimcl iora. .....A . (SlgnaUcre of nlgrl.i Isnnt, or nine, if n cnrlwnnt irnr) (Ilrtling okhens of trop IIvinl.) SKIe whether applirnnl InCfna~ ter)lesnre, rrgenl., au:hilecl, nngiimer, ~prmrnl cor].rncl or, eleclr irinn, plullmr- fir 6d I&I pwlJtilL Avg Ct\rN/FA4L Cv,t7ti<.~cfv2 ..................f................................................ Me of tnamr of p(t.niren .1~I C"({A 1~~ /lfr,_1M J~. //IC /J v~1 J..t Z,A?~c . 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JI 'nantlaula 8"Ilalxa In nimllaa11111 'I T II 'amt In :x161 q,ua ,lo :Inllwo Jim ni.in" A_Ilnal" 'Aaundn:r:x) paxlm in InlaJamuu 'nmrulmxl II '9 <N . alvu In 1.1,111x) Wful"ll II ~yl/. JtxrlJ y:nra tar fi,ll!xt Ilnl II:vV1 Ju llnl!.ll 1:Ilun 1111 art 1) l:x !.n 'llu v 1 :11 1, (1xrl lnul l(ldu Ml,1l Ut!I II:1 no plMd oil ol) • Raj :Imr Palm" . JOZ7 J I 1!:,!l I (nolJill )amyl) Q a >I1(Y1 Jagl11 . . . . . "o l "l rrnix m1: I II till . . . . . . . . . . . . 1 till . . . . . . . . . . . I ! ')l '1,,l l"JO111V 1!nl lll'IN ih'11'1!'NI 'v"11 :(Mlgn:,l p4ltr rI,IrYl ,laayJl 1!uvt .la amPi!1 I JUL 1 8 19% P('~ TOWN OF SOUTHOLD, NEW YOR ° :a 0 oMm mt Sotlul0ld APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. / 6( r DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SODUTHOLD, N. Y. 1, (We)t\i.~1r~Z!: .1~:1 0thS~ ............of ...l.'oa2?s....\33].~~o.~Z Name of Appellant Gu. n^~=- Street and Number .............................".``..,.........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ......f?( DATED WHEREBY THE BUILDING INSPECTOR DENIED TO S• ~v P fl~_ eZ Name of Applicant for permit of Street and Number Muni ci ali State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ) (X) Se.,`Eb-, C_-t_ Uc.,-,",rC_ O(~r 50 s-:e-qArS. `".i~ . e.l.~tef T..T.IT 4!S~?~ 1. LOCATION OF THE PROPERTYSfO.AS i Street /Hamlet / ' JJse District on Zoning Map District 1000 Section/00Block3 Lotli. p5uza~v~vE-'Q~f~ urrent Owner iG ~e.w nafl Ae 6,&gCA_ Map No. •7 30 7 Lot No. cy Prior Owner gf5,c„eag 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 Xx\V Section \00 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) has no 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 (7C) request for a variance and was made in Appeal No .................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 -AC A Variance to the Zoning Ordinance is requested for the reason that Form ZsI (Continue on other side) d3V13:1 3','?r 8 r ,1,0t, REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~ow~ b ro>c ~e- I W e~ \crh;~s ~~G re r eVr e~~ S o CS `l5 ~rv m Z.ON~ )~6 k7 'y vl6NZ, A-C) 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 W e~ CD-I\ -A A,.,-_ 1 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 6SJ \ c ~5 o mti~c- sov 'V~ c S C~ S'I SQ4,60C)~ STATE OF NEW YORK ss COUNTY OF lIpp / ) Signature Sworn to this !..o... day of............. 19 Notary Public JOYCE M. WILKINS Notary Public, State of Now York No. 4952248, Suffolk Cou Term E*resJune 12,19 TOWN OF SOUTHOLD PROPERTY RECORD CARD 1v(, OWNER STREET VILLAGE DIST. SUB. _ LOT ~~I,IZ it L ~E'_. 4~~1.1' ( [t , (t~i.~ l_CYP M~rf1 i- C(G (C rdcL,_t~__(, 4l t ~ ; FORMER OWNER N E ACR. S W TYPE OF BUILDING RES. SEAS. VL. 1 I FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS -4- [ t C ~ l-:. I B ~ ~ _ ~ I . ; t,i:•-I ~ C>. 1,<,q . i.. I,,,~p~_~~Y{-- l c ~rf~l . _ I~GmnrU7f{ ,1~~~y1 ~ l: 4 n,i() - 0'I Lk Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD l Total - SUFFOLK;COUNTY DEPARTMENT OF HEALTH SERVICES SUFFOLK CO. HEALTH DEPT. APPRgyAt' 4. PERMrT H. S. . NO . FOR APPROVAL OF CQP TItUCI'ION FOR A Gi AMII Y RESIDEN&OI7 Y 1 0, DATE S H" r N0. IO ' 9~ - DD7I i ; 71 APPROVED i - v j FOP, MAXIMIT.u1 OF BEDROOMS a G p .ri f ~ jl 0 C LOT I - STATEMENT OF INTENT EXPIRESTHREFrYEARS FI3RMDATEOFAPPROVAL ~ BA c; r;,4 AI ,5 'TQSfE ' THE WATER SUPPLY AND SEWAGE DISPOSAL - , VII i . ' ! , - - C~ a3 ->,-i J SYSTEMS FOR THIS RESIDENCE ~l CONFORM TO THE STANDARDS OF iob•J Na. 78_-r; THE e, i r~.~.~•..d`1~°~_ rs~}:~olf' cauxfq F.«•r h.cb ~ ~ R , 1 SUFFOLK CO-.'DEPT. OF HEALTH SERVICES. I (S) •Sy'AO~~' { RT { APPLICANT M Y. S grg J 1 j-'- i T'OH eC~t19a + p0 ^ Q SUFFOLK COUNTY DEPT . OF HEALTH nP~O suzvzyl;,o plop- SERV kk``tt(n~?7 ` R[ {l ICE _5 - FOR_ APPROVAL F6R flu O * II JfIC .^lt~r I CONSTRUCTION ONLY DATE: 1,; ~ ti //'"I H. S. REF. NO.: ` APPROVED: 41rj SUFFOLK CO. TAX MAP DESIGNATION: DIST. SECT. BLOCK PCL y r L~ r • ~J ~ ~ ~ l- .^~~~E: {'G'=..,,, I I.E30~; lOd ~ IL 5 • /~~.a.I~ YO OWNERS AD nf1 q~` a' y s OIj - - fZi ECL= tip; iv, ~S~) DRESS: ' r i ` / O Zf`~. fYI~' . 1QlQtlt.TGJ~ICL. IA '?b f: G c caroncrmL.a_ff ZOO Vrt/bgtd .Y:i01a9 'tk G ' q~J{.~'r; ,/ta~tituaw 5! 11:552 J; i~ J,r f ApYJ i. 3r 'a-- 2F8-:Et68 p + - DEED: L. !V1 A P. j I drC A TEST HOLE STAMP. Jf.- r 7, ~ - ~ _ y. ~ s • _.;{..i~,yLYi ~ - i ~1 ! I ' Bnn/alxM.Malen+ ~F • fi P, . - - - skcies pauearvq'mromtb" r" r y. 1 - . 4 f 'lam r _ mGeareYtlmMtOyt amnaiOMM . :m.am«. marm.enwren ar,u, e WATE* SUPPLY AND SEWAGE DISPOSAWSWO S MUSIT _ t w~ .mom WNFORb+ WITH NEW STANDARDS DATED N " 'j95 Ti t/e NO. 12 93 - 0706-8 x{'` Q ~j]Yy',Y!`y 1 --N~._.r~••r ~ j • - lertlmg vistFUClan I~eO Mraon W v es c, m. j. pLA 6. s' AM0)stde4 QCf,,Z~q 1 fat ed" • 4f ~ $ . _ • _ Io..EA J..LLfir.:J1iM1/py1~pQ~ pY1B.S v lot { j • 'Y - C1 U i SEAL, Mph s .17'~ s' 1_ ` t~sfJ4a CCftijdEJ fO. TIGDY Z'fflE yi } + - -'~l~YCdt79F'~°6.t:~}: A"I3~";3~'.ITE' 4?T.t7Pi~J"J... OEP~:OF•S Z AS.s4,t;C ed -Nov 1g ,'993 , S~• SFRVI6E, - UY P.C: HFA~jH ROOERtCK YAN h ¢o G ( + ' crr,41{ LICENSED LANDSURVEYORS c br ~e © Q, e o GREENPORT NEWYORK Q4_ ° cs25 a°~ tAND pld N COUNTY OF SUFFOLK ~ I I Iy, Sir I 319-c6 II' ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN Pr-JONES..A.,I.C.P. DEPARTMENT OF PLANNING DIRECTOR OF PLANNING September 11, 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) Monahan, Patricia & Thomas 4403 `_1qemschick, Richard & Auer, Suzanne 4404 Malave, Joseph & Amy-Sue 4408 Basilice, Vincent & Linda 4409 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc C \WPWIN60\WPDOCS\ZONING\WORKING\LOS\SEPTEMBE\SD'403. SEP ~jj '2 ~~BNC -R!bF • 3QY l.'PIGQE. i _ • APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer. Chairman V c ~c 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 Pursuant to Ar``ale =7 of the Suffolk County Ad„i.,ist atize Code, The Board of A PAIg of the Town of Southold, New Yore, hereby refers the fcllcairug to the SuffoLk County Planning Canmi.ssion: x Variance from the Zoning Code, Article XXIV Section 100-2446 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4404 Aoplicant:Nemschick Richard,Auer-Suzanne Location or Affected Land: 1035 Sebastian Cove Road, Mattituck, N.Y. 11952 County Tax .Mao Item No.: 1000- 100-3-11.14 Within SOO feet of: Town or 'tillage 3oundary Line Xy 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 Drainace 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 :bile of an Airport Comment;: Aooi cant is requesting oermission to Variance-setback - front yard '..agi2c aT iaWn ',e ang rel3teg gOCUme.^.-~ enC:O50g-or ,our review. Da-ed: Sept. 1o, 996 1 i • September 4, 1996 Mr. Richard R. Nemschick Ms. Suzanne Auer P.O. Box 1332 Mattituck, NY 11952 Re: Appt_ No. 4404 - Setback Variance Dear Applicants: please find enclosed a copy of the determination rendered by the Board of Appeals and filed August 29, 1996 with the Town Clerk's office concerning your variance application. A copy of this determination was transmitted pertaining to the pending building permit application request. However, it will be necessary for you to contact the Building Department (765-1802) to be sure the building permit application is returned to their "active" r shelf for final processing. Very truly yours, Linda Kowalski lk Enclosure Copies of Decision to: Building Inspectors' Office New York State Department of Environmental Conservation _ Building 40 - SUNY, Stony Brook, New York 11790-2356 Telephone (516) 444-0365 ~ Facsimile (516) 444-0373 Michael to Commissioner Mr. Richard R. Nemschick AUG - 5 1 Ms. Suzanne Auer P.O. Box 1332 Mattituck, N.Y. 11952 - - Date: July 29; 1996 Re: 1-4738-01389/00001 Sebastian's Cove Rd. SCTM 1000-100-3-11.14 Dear Mr. Nemschick & Ms. Auer: Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that: The property landward of the 20' elevation contour as shown on the survey pepared by Roderick VanTuyl dated July 22, 1996 is beyond the jurisdiction of Article 25. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required under the Tidal Wetlands Act . Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Very truly yours, caf Deputy Regional Permit Administrator cc: ~wti S!1f r~ WA 4,vl 6. 2 / f)~~.9n. f /vncJ W Ol?c C'It ce J 7){C nn~ t~ S s S' .3 o,~. f c o . "04 C- N~ILt tlw__'e1~ r f M t 4 L S- z ~O= 1 (~1 w ~ ~ v/j 7b p h? ~7, E9 viA~>f go 7)/ a '~io f'~-yl t T t> C1 1~+r-~ ~ 0 7r l l ~ d ~ ~ h2.~ Mn. -A -c I( T~y~ cE-Ncz-' o f 5-t-) t r-7, 2_ICff,4R0 i~Fti(YCel~fc~ C~~ V S~`f I I III DG OLPT inv~w nF sr~uui,u o ~ z 1!~/,ti~ ~ ~y\ a ~ 7~{xI~N)'(;~ A i :'•~.'~iA1~~yIdJ : - t: 0.} P 1 8 4~t ~ 1 I l~ i : ~ ~~.5i ~ r ti~ 4 ~1 r ~ i •1. tj i•.^2 p^ CO G (!,[~v~jF 1 CcsbQ n~ .P I O ,~JF~ 44 n v oo• s,r`w ls~ gds ` n\~i•m c. ~ - iF - ~ o v h, 1• o I1 Cl 0 ~ ~ ~ , ~ b ti ~ ne D aol I:r. > ~ n' mow" ~ ~ ht o ~ fl O ti .n 1, iC di ,4, III BOARD OF APPEALS provided that the renting of such TOWN OF SO"THOLD Looms is clearly incidental and 1996 Notice of Disapproval subordinate to the princip ldb~ which action indicates that ac- of the dwelling: Locati' o cording to Article 11. Section HEARINGS Property: 26350 Main Road, 100-25A. that Lot #1000-104-2- Southold, NY; County Parcel ID 28 and Lot # 1000-104-4-29_ NOTICE IS HEREBY" #1000-109-4-5. have been held incommon own- 7:37 p.m...ppL No. 4404- ershi since Jul GIVEN, pursuant to Section _67 RICHARD NEMSCHICK p Y e 1, 1983, April and of the Town Law and the Code were created between April 9, and SUZANNE .4UER. Re- the T 1957 and December L 1971. followiown Southold, the quest under Section 100-2446 fong applications will be Street Address: Bay Avenue for Variance based upon the 8 held for public hearings before Building Inspector's ulv 16, 7(Skunk:50 Lane), Cutchogue, 40NY. the SOUTHOLD TOWN p. m. Appl. No. 4408- BOARD OF APPEALS, at the 1996 Notice of Disapproval JOSEPH and AMY-SUE wherein applicants have applied MALAVE. Re ue made for Southold Town Hall, 53095 for abuilding permit to construct a Variance under stise XXIV, Main Road, Southold New York Article XXIV 11971, on WEDNESDAY, AU- new dwelling with a setback at Section 100-244 based upon less than the required 60 ft. in this the Building Inspector's ec ector s Jul 29, GUST 21,1996, commencing at R-80 Zone District. Subject 1996 Notice ofDisa rovalfor the times specified below: property is known as 1035 approval of a pp 7:25p.m.(Carryover hearing, Sebastian's Cove Road, new dwelling, under (comer) from 6/26/96 and 7/ Mattituck, a/k/a Lot #9 on the tion as exists, witha ed ced 24)' Appl. No. 4389- TIMO- Sebastian Cove, Section II Sub- front yard of one foot (orslightly THY GRAY AND JIMBO REALTY division Map County Tax Map less). This 40,252 sf parcel is Parcel ID # 1000-100-3-11.14. located in the R-80 Zone District 7:30 p.m. Appl. No. 4409 7:40 p.m. Appl. No. 4405- at 245 White Eagle Drive. Lau- VINCENT AND LINDA GEORGE and CAROLE rel, NY; a/k/ai Golden View Es- BASILICE. Request for aVari- BAMBRICK. Request for tates(1984)Filed Map. Lot#27. ance under Article XXIII, Sec- Variance under Section 100- 8:00 p.m. Appl. No. 4397- tion 100-239.413 based upon the 30A.3, Bulk and Lot Size Sched- ALLEN W. OVSIANIK. Re- _ uilding Inspector's July 23, ule, based upon the Building uest is made for an Inte reta- 996 Notice of Disapproval con- Inspector's July 17, 1996 Notice - rning an application fora ton of the January 10, 1989Zon- ` ilding permit to construct ad- of Disapproval for a proposed ing Map, Article II, Section 100- reduction in lot size of Parcel ID 21, and Article 111. Section 100- v '4. ,I ion to existing dwelling, four # 1000-59-5-8 and proposed in- 3'i A to confirm location of zon- I, i t of which will be located in crease in lot size of Parcel known ng district line of the "B" Busi- th rear yard, within 75 feet of as 85 Lake Court, Southold, Par- ness Zone District (ref. Article i~ ead. Location of Property: cel ID #1000-59-5-7. Both lots II, Section 100-21). Property Lo- Peconic Bav Estates, 3255 are presently nonconforming in cation: 225 Eugene's Road. Bayshore Road, Greenport, NY; lot size in this R-40 Residential Cutchogue, NY; County Tax Countv Parcel ID #1000-53-6-8. Zone. Map ID # 1000-97-2-16.5 and 15. This parcel consists of 11,625+- 7:45 p.m. AppL No. 4407 Present Zoning: General Busi- sf HUGH and ROSEMARY ness for the northerly portion. 7:32 p.m. Appl. No. 4406- MURPHY. Request is made for and R-80 residential for BARBARA ADAMS. Request a Variance under Article XXIV, applicant's property to the south. for Variance based upon the June Section 100-244 (original appli- 18, 1996 Building Inspector's cation), based upon ZBA Appeal The Board of Appeals will at Notice of Disapproval under #4370 rendered 4'3/96 which said time and place hear any and Article II, Section 100-33 issued was limited to approval for a all persons or representatives on the following grounds: A porch addition to an existing desiring to be heard in the above building permit application has dwelling. This application is a re- applications. Written comments been filed requesting the location quest tiled with the Building In- may also be submitted prior to of an accessory building in an spectoron7il8/96toreconstruct the conclusion of the subject area other than the rear yard at dwellingandaddproposedporch hearing. The above hearings will 8100 Indian Neck Lane, Peconic, addition. The second application not start before the times desig- NY; County Tax Map Parcel may contain new circumstances nated, and may be in addition to #1000-86-07-9. which were not concluded at the other carryover hearings. It is ecommended that the file(s) be !tearine for the first application reviewed before the scheduled 7:35 p.m. Appl. No. -1403 -egardinc the -ondition of the PATRICIA AND THOMAS date of the hearing for updates existing dwelline. The existing or new information. If you have MONAHAN, Owners. Re- dwelling is to he rebuilt main- questions, lease also do not quest for a Special Exception to taimng the same nonconforming q p establish Accessory Bed and .front. side and rear yard ,et- hesitate to call 765-1 809. Breakfast Use with owner-occu- backs. Location it Proocrt}-: Dated: August '_,1996 paney and residency- as regu- _ 105 tlaxlattt- enua BY ORDER OF THE SOUTHOLD TOWN Iatedunder Article IIIA, Section ":outhold_ 'ountc Pmccl ID BOARD OF APPEALS 100-30A.2-B (ret. 100-3113 =U]u0- 0-n-i (14a-d), and 100-3113. limned to GERARD P. 7.4' p-in. Apol. Vo. 440'-- GOEHRINGER, Chairman the renting of not more than three BARBARA P. KELLY Re- Bv Linda Kowalski rooms forlodging and serv ingof cuestis mace tor a\4-anerin- IX-8/8;9616-, breakfast w not more than six ter Section i~a,ce _oar :a~ual aria ,ranaient :comer. [nc Fsuiiamg.nspe :or„un COUNTti OF SUFFOLK STAFE OF ANEW YORK ss: Tim Gannon, being duly sworn, says that he is the Associate Editor, of the TRAVELER 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 /........rwweeeks d successively, commencing on the day of , Sworn to before meeythis s............................ day of ................................!>.::...:../l." ,19 . . . . Ni,iarv Public BARBARA A. SCHNODER NOTARY PUBLIC, state of New York No, 488.246 (?ualiii.^,d ir. Sulfolk Cou~~}}ty Comd;,,icn GDires 8/ 3r~Q6 lFrONT YAf-b S7eTJSP,,--oY- NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: S7. uEe i Rckard NemSc iC DATE OF PUBLIC HEARING: 7),*.I 199 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 NFIA) h)flejLL11f\)&m APPEALS BOARD MEMBERS ~~gpFFO(,~c ~O OG Southold Town Hall Gerard P. Goehringer, Chairman y~ 53095 Main Road Serge Doyen cc x P.O. Box 1179 James Dinizio, Jr. p Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4404 Project/Applicants: Ne Schick Richard & Auer Suzanne County Tax Map No. 1 0E~- 100-3-11.14 Location of Project: 1035 Sebastian Cove Rd., Mattituck, N.Y. 11952 Relief Requested/Jurisdiction Before This Board in this Project: Variance-Setback 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 0617.13 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, 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. • ~~gOFFO(,~c • O ~G JUDITH T. TERRY y` Town Hall, 53095 Main Road TOWN CLERK coo Z P.O. Box 1179 • Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O Fax (516) 765-1523 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Office of the Town Clerk DATE: July 18, 1996 RE: Zoning Appeal Appl. No.4404 - RICHARD M. NEMSCHICK & SUZANNE AUER Transmitted herewith is Zoning Appeal Appl. No. 4404 - RICHARD M. NEMSCHICK & SUZANNE AUER together with the Notices to Adjacent Property Owners, a letter from Mr. Nemschick and Ms. Auer to the Town Board dated June 28, 1996, a letter from the Board of Trustees dated April 18, 1996, a copy of the Notice of Hearing for August 21, 1996, the Notice of Disapproval from the Building Department, a copy of the Application for Building Department, a copy of the Health Department Map, a copy of the Zoning Board of Appeals' Questionnaire and a Short Environmental Assessment Form. Judith T. Terry Southold Town Clerk uonltUOF ~I'PEALS OWN-01' SOU THOLD In the Matter of the Petition of NOTICE TO ?l_c~ the Board of Apfmals of file Town of Southold PROPER'I'Y OWNER TO: YOU ARE IIEREBY GIVEN NO11CE: 1. lira(' le intention of the undersigned to petition the Hoard (if Appeals of the lawn rd Southold to request a Variance (Special Exception) (Special Permit) (01-.Ile)-) (ci.rc1e t'hoic:el 2. that oie properly which is the subject of the Ietition is located adjacent it your properly and is dr.I cubed as follows: 3. That the properly which is the subject of such Petition is located in (lie following zoning district: C8 C) .1 that h,l 5uch Petition, the undersigned will request file following relief: t 5. HIM the provisions of the SoUtbnid 1 own 7oning Code applicable to the relief sought by the under r signed are Article x X \ VSecl_ion_ - aLL_'A 6. That a written Petition requesting the relief specified abovr 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. (916) 1(i5-1809. 7. That before the relief sought may lie granted, a public hearing most be held on the matter by the Board of Appeals; that a notice of such hearing must be published at (east five days prior to the date of such hearing in the Long Island T-raveler-Mattirtick 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: - ,~IG~.A-~\ Z- \~PVY\J C~\ CAL. Petitioner • le Owners 'Name s. Post Office Address . No. Z z l( G,'S~ Tel. No. [Copy of sketch or plan show jnq proposal to be attached for convenience purposes.] BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of . NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT ` PROPERTY OWNER TO: YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the 1 own of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choicel 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following Zoning district d That hN such Petition, the undersigned will request the following relief: • 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section [ ] 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) 7~5-1609. 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 clays prior 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; OW you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Owners'Name s: Post Office Address Tel. No. ( ) [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS a ~ M STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) residing at O - ~a x 13 s Z ~d» a c c - t~ being duly sworn, deposes and says that on the k day of _ N V k _ 19q('deponent mailed a true copy of the Notice set forth on the re- verse side hereof, d ected 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- lice-0 J o~'\_ , \ ; that said Notices were mailed to each of said persons by ertifiedd)registered mail. cam- C,1tiSL Sworn to fore me this day of 19 _ h \ AL ~c Notary Public Publk fNewYork ^T~~rsF.tStPfresJurq y j~~ v (This side does not have to be completed on form transmitted to adjoining property owners.) P 538 454 569 P ,S36 454 570 US Postal Service P 538 4 5 if, 5L 7 US Postal Service Receipt for Certified Mail US Postal Service _ Receipt for Certified Mail No Insurance Coverage Provided. Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to / Sent to A14/ CK r Do not use for International Mail See reverse Street & Numbery Sent to AA, I L I CA ZO L Street 8 Number ~ D sFa-ar,- ork1, Fo.l S i 4- a, s~ srtAr~ e~,,f, 20 Post Office, State, & ZIP Code Q Street &&NNumber w K [ s i' MA t r. N I 1 7 rt Post Ollice, State, 8 ZIP ode v N.. yf9sZ_ Post Office, State, 8 21P Code r Postage $ > w -1 , -N c \L _ Postage $ Certified Fee Postage l r ~ $ ~ Certified Fee Cemfied Fee s Special Delivery Fee v Special Delivery Fee ResOcted Delivery Fee Special Delivery Fee Restricted Delivery Fee j co Return Receipt Showing to f Restricted Delivery Fee m Return Receipt Showing to Whom & Date Delivered Whom & Date Delivered m Whom Receipt Showing to 8. Rehm Receipt SImM to Whotillossafte, I n Rehm Whom 8 Date De' < Dat ~ (III ~9man < Date, & Addressees Adh tL Return Pos k~Vees < Date,&R~ 1 7yrest. O TOTAL Postage $ co E 6Amark or {fit 0 TOT tage il ~L V2 Postmark or D i J E LL f - E Poe ark or Date ri raj N 1996 a 11k r I= a 4 Pon r ENDER: 9 -Complete items 1 and/or 2 for additional services. I also wish to receive the y SENDER: y SENDER: y , I also wish to receive the I also wish to receive the m -Complete items 3, 4a, and 4b. fOIIOWIng services (for an Complete items 1 and/or 2 for addhional services. v_ -Complete items 1 and/or 2 for additional services. 0 -Prim your name and address on the reverse of this forth so that we can return this extra fee): +u • Complete items 3, 4a, and 4b. fOIIOWIDg services (for an m -Complete items 3, 4a, and 41b. following services (for an card to you. ` • Prim your name and address on the reverse of this form so that we can return this extra fee): ` • Prim your name and address on the reverse of this form so that we can return this extra lee): j -Attach this form to the from of the mailpisce, or on the back if space does not 1. ? Addressee's Address card to you. ~ card to you. permit Z t y -Attach this form to the front of the mailpiece, or on the back if space does not 1, 11 Addressee's Address -Attach this form to the front of the mailpiece, or on the back if space does not 1, ? Addressee's Address m •Write'Retum Receipt Requested' on the mailpiece below the article number. 2. ? Restricted Delivery 0 m permit. d permit. d « -The Return Receipt will show to whom the snide was delivered and the date 010 0 • Write-Return Receipt Requested' on the mailpiece below the article number. 2. ? Restricted Delivery • Write'Retum Receipt R uested' on the mail rece below the article number. pt _ y y eq p 2. Restricted Delivery y delivered. Consult postmaster for fee. ° -The Return Receipt will show to whom the article was delivered and the date a, c -The Return Receipt will show to whom the article was delivered and the date a o u delivered. Consult postmaster for fee. delivered. Consult postmaster for fee. a w 3. Article Addressed to: 4a. Artie Numoor n m o , 0 0 L ¢ 0 3. Article Addressed to: A. rticl 4tbbe r v 3. Article Addressed to: 4a. rticle Number a _S66 p, a 1~+4.£~fJ K SkQ c A,(a2r L Cc 4 / ° i ~i~ti eL ? - f / d t-.1 4b. Service TYPe /7,S ~ ~ ¢ E N 0 v 0 v~ ~c, S 4b. Service Type m E N I~l C~~` ~~r r. 4b. Service Type «'r u ? Registered Q7"Certified o ¢ o r`+ ¢ 3 O S~ jwj rr.4 1 C~ ? c~ L u ? Registered Certified u ? Registered +O, Certified m ? Express Mail LJ Insured ¢ ? Express Mail Insured E C ` ? Express Mail ? Insured 5 00 /"JA T 0 G j- r 4 ' (7D -L_ ? Return Receipt for Merchandise ? COD ° Z 7r J i Q A$ r i ^ ? Retum Reoeipt for Merchandise ? COD ¢ ? Return Receipt for Merchandise ? COD 7. Date of DeJiv f` \ a v ~lL ve ° o 1A t 0 7. Date of live a " (7 o G 7. Date of Del' iry i s 1 /frJc- 4 (19St ry 'o z U ; a 1\~SZ 5. Received By: (Print Name) S. Addresse Addr s (Only if requested c ¢ Y cc a 5. Received B . ( 'nt Name) 8. Addressee's Address Onl if requested o M 5. Received By: (Print Name) 8. Addres se s Address (Only if requested ¢ and fee i paid) F w and fee is paid) c w and lie is paid) r N 6. Sign . (Ad a orAgen ¢ ¢ i, g 6. Signal e: (Addressee or Agent 6. Signatu ddrAgenf) M T T X re. L Ps Form 3811, De b t 044 Domestic Return Receipt Ps o m 3811, December 1994 Domestic Return Receipt PS Form 3811, Dece r 1994 Domestic Return Receipt First-Class Mail UNITED STATES POSTAL SERVICE I Postage & Fees Paitl USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • I` I ~I ct5~a~ nr'~?t re~fi l"c> 13-77- MA T 1 iT I ack 1197-1- / I (I f r MAIUNGOFFICE: Postmadctoireicatefeetaw CU5TOIEA:C kb M"ed area and anderyour dame and address an the reverse. prevbu Brea y rbedinturn 2. Check box next to desired service: ? f. RECEIPT AFTER MALING - Provide no of mdradual, company, or P 538 454 571 ~i ~ m/ organization to whom deFremd and date of delivery US Postal Service i Ng ~ 2a. DUPLICATE RECEIPT - Pnwidemenofindividual,conpary,orolganvabnto Receipt for Certified Mail whom delivered and data of deUrery. it No Insurance Coverage Provided. ? 2S. DUPLICATE RECEIPT (wdh address of d - Provide name of individual, t conpalry, or organietanbwhom deFemd, date date of delivery,aM addressee's Do not use for International Mail (See reverser ayyeg, sgnt to Attach appropmte fee as clown in 3. Malin Date 4. CODNumber 5. ppebm Retebl for JaSe ls~ A(rH -s lc- f Merdlan rse o. Street & Number DMMforRatumRecelptaftermalling. o lds-~> a'Te. 6. Rerystered Number 7. Ceddied Nunber 6. Insured Number 9. Express Mail Number Post Office, State, & ZIP Code 10 Addressed To Postage $ tJ Certified Fee 1Grdt Special Delivery Fee 77777777 5taltrpetlrely c rri , . Resmcled Delivery Fee 3 rn a 14. Addrese (Lbmlieb 4edf 1S lp m Return Receipt Showing to 1W,, P FOR Whom & Data Delivered _ i Rehm .i :..i ¢ Date,&Rec Ps orm 3811-A, duly 1993 Domestic Return Receipt (After Mailing) c , 0 0 TO L Postage & ate_ ~j a"a P made or D19 E (5 a United States Postal Service III II I (Enter name and address of customer) Al/) i r i. G 13cnx (,3:; 2 ...s. PosTHGE PHID+ UNIT CITY-ST IAA I i T jt~ P 538 454 568 G loos 9y~ HMOONT Hrrns+nres $2.20 oaoo ono?5'01-8l USA 32 o f 516^sr,9All C>vf k6- 130K 3 r 1gj NDZICE I y zND NO1tCE'I MA I (I T U Tu c 4 hJ_ Z . REZ~RN ~ I I i T i _ } SENDER: V -Complete items 1 andror 2 for additional services. I also wish to receive the m -Complete items 3, 4a, and 4b. following services (for an m -Print your name and address on the reverse of this form so that we can return this extra fee): card to you. -permAttac ith this form to the from of the mailpiem, or on the back if space does not 1. 11 Addressee's Address . y OThe Return Receipt Requested'on the article s below the a and number. 2, ? Restricted Delivery y -The Return Receipt wilt l show show to o whom the e snde was delivered and the date c delivered. Consult postmaster for fee. d v 3. Article Addressed to: 4 Article Number f / E AN /i' Q / 4b. Service Type ? Registered Certified to j2O Ov,< 3 6 ? Express Mail 13 Insured S ~T ? RetumReoeipt for Merchandise ? COD i 7. Date of Delivery z i I- 5. Received 6y: (Print Name) 6. Addressee's Address (Only if requested ) ¢ and fee is paid) i I- e 6. Signature: (Addressee or Agent) 7 X I PS Form 3811, December 1994 Domestic Return Receipt P 538 454 568 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse t to gt A Number / t/!f t7y.~N Stre 8 Number 0 60- Post Office, State, & ZIP Code Postage $ `t Certified Fee Spedal Delivery Fee i Resfdded Delivery Fee N Co Return Receipt Srowing to Whom & Date Delivered j ~7 = n Rehm Receipt Showing to whom, ' Date, & Addressee's Address O )r 00 TOTAL ~eda, a r7 Pos a ate •'il I E 0 ~f~/~ o QUESTICNITAIRE FOR PIING WITH YOUR Z.B.A. APPLICATICN 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.) _CICII.4 Ad Ali 'C~ o~v~iEz- A C4- B. Is the subject premises listen an the real estate market for sale or being shown to prospective buyers? ( ) Yes (><T No. (.If Yes, please attach =py of "Condi"n-n~" of sale-1 C. Are there any -p=csals tm t-hange -ar alter 3=d canter ;2 ( ) Yes N No D. 1. Are there any areas which contain wetland grasses? E-S 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bul eaded between the wetlands area and the upland building area? NO 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? rs S 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 er fens which exist and are not shown an the survey map that you ar_ submitting? NOJ If none exist, please state "none."'PJOq-~. G. Do you have any construction taking place at this time concerning your premises? NDAJt If yes, please submit.a c=-.- of your building permit and map as approved by the Building Department. If none, please state. /~,/pNC, H. Do you or any co-o:cner also own other land close to this parcel? I£ yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel NonJ< and proposed use 2r A t~ wX nutcri^ea Signature ant Dace 3/37, 10/°Oik § 97-13 WETLAxi)s § 97-13 TOWN . The Town of Southold TRUSTEES - The Hoard of Trustees of the Town of Southold. (Added 6.5-84 by L.L. No. 6.19841 WEi L'TDS [Amended 8-26-76 by" ML 2-1976:3-25- 85 by I.. L Yo. 6-19851: A. I IDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on. tidal watem or lands lying beneath tidal waters. which at mean low tide are covered by tidal waxers to a macimum depth of five (5) feet, including but'not limited to banks. bogs, salt marsh. swamps, meadows. flats or other low lying lands subject to tidal action; (2) All banks, bogs. meadows, flats 2.nd tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass. saltworts. sea lavender. tall cordgrass. high bush. cattails, groundsel. marshmallow and low march rardgrass:andlor (3) All land immediately -adjacentto a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS. (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1. § 24-0107. Subdivisions 1(a) to 1(d) inclusive. of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to r. "freshwater vet. land.- as defined in Subsection 3(1) and lying with. in seventy-five (75) feet landward of the most land- ward edge of a "freshcvaterwedard." . 9705 r-_s•es 1a 164 (21871-Text 12 _ PROJECT I.D. NUMBER 61721 SEOR 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 2. PROJECT NAME 3. PROJECT LOCATION: Municipality County A. PRECISE LOCATION (Street address and road intersections, prominent landmarks, ete., Or provide maul 5. IS PROPOSED ACTION: - ? N. ? Ezoansfon ? MoolflcatlonlaReratlon 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ? Yes ? No If No, cescrtbe briefly g. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ? Residential '-'Industrial ? Commercial ? Agriculture ? ParldForestlOpen space ? Other Daaaibe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAU? ? Yes ? No If yes, list agencylsl and permiWpprovals 11. DOES ANY ASPECT OF THE AOTL;.N HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? ? Yes ? N• It ye:.. 'ist agency name and permNapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REOUIRE MODIFICATION? ? Yes ? No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Atiplicanllsoonsor name: Date: Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coasta[ Assessment Form before proceeding with this assessment OVER (Continued on reverse side) 0 The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environrental review will ue rt$de Ly this ooard before any action is taken. SHORT ENVIRONMENTAL 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 :X NO 2. Will there be a major change to any unique or unusual land form on the site? _Yes ZNo 3. Will project alter or have a large effect on an existing body of water? Yes X 4. Will project have a potentially large impact on groundwater quality? Yes )LNO 5. Will project significantly effect drainage flow X -NO adjacent sites? _Yes X-No 6. Will project affect any threatened or endangered plant or animal species? Yes ~_<No 7. Will project result in a major adverse effect on air quality? _Yes KNo 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 X No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical X No area by a local agency? _Yes /ENO 10. Will project have a major effect on existing or future recreational opportunities? ,Yes 2No 11. Will project result in major traffic problems or cause a major effect to existing transportation X No 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 Z_No 13. Will project have any impact on public health or safety? _Yes /No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year _Yes KNo period or have a major negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the project: Yes NO - PreParer's Signature: Representing Date: ~l ZBA :J/•75 Albert J. Krupski, President ~p~ OG '1 Town Hall John Holzapfel, Vice President y` 53095 Main Road Jim Kin g J°n P.O. Box 1179 j Southold, New York 11971 M rtin H. Garrell O • y'~0 a0` }V Telephone (516) 765-1392 Peter Wenczel Fax (516) 765-1323 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 18, 1996 Richard Nemschick & Suzanne Auer P.O. Box 1332 Mattituck NY 11952 Re: SCTM µ100-3-11.14 Dear Mr. Nemschick, According to the information given, and an updated survey the Trustees agreed that the construction of a house is out of the Trustee jurisdiction, under the Wetland Ordinance under Chapter 97 of the Town Code. However an activity within 75 feet of the wetlands line would require a permit from this office. If you have any questions, please call our office. Yours truly, a -e~ 9. 12.~~ Albert J. Krupski, Jr. President, Board of Trustees, AJK/djh cc. Bldg. Dept. CAC BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of ------------------------------------x CONFIRMATION OF POSTING I> /S/C{~l~ A. /V1SC+7/Lidresiding at ~OX 1.33Z ATr/ C being duly sworn, epose and say: That on the 77# day of A,IG uJ ` 1996, I personally posted the property known as "Lo7- $t9 S~6AStf,-J Cv?i f Sscj-eo „ Two, NY" by placing the Towns 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 -Au6v1r ~71 , 1996.) Dated: 199 (signature) Sworn to before me this LINDA F.KOWAtSKI day of 199--. Nagry pUb State of Nev York N&62-45247171 - - - - - - - In Suffolk County NOTARY PUBLIC Camnieebn E*res Nov. 30,19 *or within 10 feet of your front property line(on your property facing the road or right-of-way). *I NOTICE OF NEARING ~YINERISIW Nk I~INIi ae ,u l.r l