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HomeMy WebLinkAbout4391 77 13 eras ~ ~d1 L , o~~gUFFO(~-coG ; APPEALS BOARD MEMBERS OZ` y~ Southold Town Hall Gerard E Goehringer, Chairman 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 Appl. #4391 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: 6/26/96 APPLICANTS: John and Patricia McCarvill PROPERTY LOCATION: 150 Waterview Drive, Southold. 1000-78-7-32.7. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector, Article IIIA, Section 100-30A.3 and 100-30A.2(c). R.1:LIEF REQUESTED: (1) Request for approval of proposed Lot #3 of a size 38,795 sf, including the flag portion included in the ownership of Lot #3, all as depicted on the map completed May 8, 1996, prepared by Roderick VanTuyl, surveyor, AND (2) request for insufficient front yard setback of larger barn (as a principal structure on this proposed Lot #3 (rather than as an accessory building to the existing main house, which house is now located on proposed Lot #2), and, if applicable, this 30-ft. front yard setback may be extended to a future building permit application if proposed to be converted as a dwelling, with one dwelling per lot (as regulated by zoning code use provisions). MOTION MADE BY: J. Dinizio SECONDED BY: G. Goehringer ACTION/RESOLUTION ADOPTED: Approved as applied (concerning proposed Lot #3 of a total lot area of 38,795 sf and frontyard setback of existing building it 30 feet from its closest setback to the property (south) line. REASONS/ FINDINGS: 1. Total lot area of proposed Lot #3 is minimal, for a variance of 1205 square feet, or 3% of the 40,000 sq. ft. requirement. 2. This plan is basically laid out consistent with that reviewed (without noted objection) in a minor subdivision application, presently pending with the Planning Board, will consist of 38,795 square feet while the remaining proposed lots will consist of 100% of the lot size requirement in this R-40 Zone District. 3. The former Certificate of Occupancy for Nonconforming Premises issued to Julius Zebroski (former owner) on 7/6/88 under #Z-17062 indicated that the nonconforming setback of the dwelling which exists (and now is shown on proposed Lot #2) has been nonconforming since the effective date of the zoning code(s). The other barn and shed buildings shown on the 1996 survey also preexisted the zoning code(s). 4. No ether alternative is available to afford relief since there is no other available land area. 5. The difficulties are related to the layout of the land, and are not personal to the landowners. 6. The character of the neighborhood will remain significantly unaffected by this 1205 sq. ft. deficiency. Page 2 - ZBA Appl. No. 4391 Decision for John and Patricia McCarvill Date of Resolution: Jmie 26, 1996 7. No adverse physical or environmental effects will be produced on adjacent properties, or the immediate area since all future construction or conversion for a single-family dwelling, or other new buildings for accessory uses, must comply with all zoning regulations and other codes which laws are also applicable to surrounding properties. 8. The variances granted for a reduction of lot size from 40,000 sq. ft. to 38,795 sf (1205 sf shortage), and confirming an established nonconforming front yard setback of an existing barn use (or for possible future conversion to a dwelling) are minimal. VOTE. OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolutio was unanimously adopted. 7.BA:lk ERARD P. GOEHRIN R, CH RMAN / Approved for Filing ECFIVED AND FILED BY THE SOUThOLD TOWNT CL AK Dr ',TE 7 BLUR -S'. ( ~titil :cwn Clcrk, Town ~ I .~o~OgJ CXr~G, APPEALS BOARD MEMBERS c 1 Southold Town Hall Gerard P. Goehringer, Chairman ny 53095 Main Road P.O. Doyen, Jr. . Box 1179 Southold. New York 11971 James t A. Vi, Jr. ^l a Fax (516) 765-1823 Lydia Robert A. Villa a Tortora Telephone (516) 765-1809 A. 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 JUNE 26, 1996, commencing at the times specified below: 1:30 p.m. Appl. No. 4373A - RONALD J. MAYER. Applicant-owner is requesting a Variance for alternative relief, under Article IIIA, Section 100-30A.2, and/or Section 100-30C for occupancy of second building in conjunction with use and ownership of main dwelling, as a single parcel. Location of Property: 7135 Main Road, East Marion, NY; County Tax Map Parcel 1000-31-2-26, a corner lot containing a total land area of 25,210 square feet. 7:35 p.m. Appl. 14389 - TIMOTHY GRAY and JIMBO REALTY. The owners are requesting a Special Exception as provided under Article X. Section 100-101B of the Zoning Code, for use of a portion of the property as a dwelling unit for occupancy by an on-site manager. Location of Proper-y: 43560 and 44360 County Road 48, Southold, NY: Lots 38 & 9 as shown nn the Minor Subdivision Map for Pudge Corp. approved by the Ptannin~T 3oard on or about 7!19i82. Property Tax Map Designation: Page 2 - Legal Notice Regular Meeting of June 26, 1996 Southold Town Board of Appeals 1000-59-4-8 and 9 (two separate lots to be combined as one for this building and site plan project). Zone: B General Business. Total Size of Combined Lots: 2.8+- acres. 7:35 p.m. Appl. No. 4389 - TIMOTHY GRAY and JIMBO REALTY. As authorized under New York Town Law, Section 274-B-3, the owners are applying for Variances from Article X, Section 100-103, subsections A & C, of the Zoning Code, for: (a) excessive length of two proposed buildings and (b) reduced front yard setback of two proposed buildings. Location of Property: 43560 and 44360 County Road 48, Southold, NY; Lots #8 & 9 as shown on the Minor Subdivision Map for Pudge Corp. Property Tax Map Designation: 1000-59-4-8 and 9. 7:40 p.m. Appl. No. 3627 (as Amended). LILLIAN VISHNO. This is an application for a Waiver under Section 100-26 of the Zoning Code, for three lots created by deeds between 1947 and 1967) which have been determined merged as one parcel due to common ownership since on or about 7/1983, confirmed in the Building Inspector's Notice of Disapproval issued 5 / 24 / 96 under Section 100-25A. Property described by deeds dated 10/6/67, 6/17/55, 11/26/47, 6/17/61, to predecessors in title, and acquired 1/26/84 by Lillian Vishno. Former Countv Tax Map Parcel Lots #44.1, 45, 46, 47, Section 48, Block 1 (now identified as 47.1); and former subd. Lot is 16 and 17 on the 1904 Map of S. Buel Corwin Estate. Zone District: R-40 Residential. Page 3 - Legal Notice Regular Meeting of June 26, 1996 Southold Town Board of Appeals 7:45 p.m. Appl. No. 4393 - LAURIE E. GRAEB. This is an application for Special Exception Use of an established Accessory Apartment, as provided by Article III, Section 100-31B(14) of the Zoning Code, in conjunction with owner's residence at 16645 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-115-2-4. Zone: A-C Agricultural and Residential. 7:50 p.m. Appl. No. 4388 - EDWIN C. KINSCHERF. This is an application for a Variance from Article XXIV, Section 100-244 based upon the Building Inspector's Notice of Disapproval issued May 3, 1996, for proposed addition at rear of existing dwelling with reduced rear yard setback at less than the 35 ft. requirement. Location of Property: 395 Inlet Lane, Greenport, NY; County Tax Map Parcel No. 1000-43-4-35. 7:55 p.m. Appl. No. 4387 - DONNA I. WEXLER. This is an application for a Variance from the Bulk Setback Schedule, Column "i," based upon the Building Inspector's Notice of Disapproval issued April 24, 1996, for proposed addition between existing house and pool with an insufficient front yard setback at less than the 60 ft. requirement. Location of Property: 200 Private Road 45 off Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-72-1-1.6. Size/Zone: 1.8 acre lot - R80 Residential Zone. 7:58 p.m. Appl. No. 4376 - SCOTT RUSSELL. (Reconvened). Request for Waiver under Section 100-26 of undersized lot. 1000-136-1-19. 3:10 ,)_m. ;Appl. No. 4391 - JOHN and PATRICIA McCARViLL. This is an ippliccuiorn for Variances, based !:pon the Building Inspector's Notice of Page 4 - Legal Notice • Regular Meeting of June 26, 1996 Southold Town Board of Appeals Disapproval issued 5/30/96 in an application proposal to "subdivide existing lot", and disapproving the project under Article IIIA, Section 100-30A.3 and Section 100-30A.2, for: (a) insufficient lot area of proposed Lot #3, and (b) insufficient yard setback(s) of existing principal barn building. Property Location: 150 Waterview Drive, Southold, NY; County Tax Map Parcel No. 1000-78-7-32.7. Zone: R-40 Residential. Flood Zone: (to be determined). 3:15 p.m. Appl. No. 4392 - ALEX S. KOZLOWSKY, TRUSTEE. This is an application for a Variance from Article III, based upon the Building Inspector's May 21, 1996 Notice of Disapproval for permission to locate accessory tennis court with a setback at less than 20 ft. from all property lines (Section 100-33B4), and with fencing over 4 ft. high in a front yard area (Section 100-231). Location of Property: 6300 Indian Neck Lane, Peconic, NY; Parcel No. 1000-86-7-2.1. Zone: R-80 Residential. 8:25 p.m. Appl. No. 4390. This is an application filed by RICHARD S. CORWIN, JR. as an adjoining property owner, appealing an application of the Building Inspector in issuing Building Permit #23346Z on April 5, 1996, and requesting that action be taken to: 1) annual, reverse and set aside Building Permit 423346Z issued concerning property owned by ARTHUR H. AXBERG, JR.; 2) to determine that the subject retaining wall cannot be constructed or maintained without a "floodplain development permit" for the retaining wall. Location of subject property: 3705 Camp Mineola Road, Mattituck, NY; County Tax Map Parcel No. 1000-123-5-34. Size of Parcel: 12.500 sf. total area. Page 5 - Legal Notice • Regular Meeting of June 26, 1996 Southold Town Board of Appeals 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 765-1309. Dated: June 10, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x • FORM NO. a • TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date .¢3~.... 19~~G.. PLEASE- TAKE NOTICE that yourapplication dated for permit to Location of Property House ~N•~o!. , r?li~ 7~~r U! cr:xz H mler County Tax Map No. 1000 Section Sneer ...~8• , , Block ........Lot ..3.2 . . Subdivision Filed Map No. . / Lot No . . is returned herewith and disapproved on the following grounds r ~ ~``~~s.... .~~../nom-.~i . . t~$ 1ding Inspector RV 1/80 BOARD OF HEALTH 3 SET PLANS FORM NO.I SURVE TOWN OF SOUTHOLD CHECK BUILDING DEPARTMENT SEPTIC FORM .............r TOWN HALL !1 SOUTHOLD, N.Y. 11971 NOTIFY 1..... . TEL.: 765.1802 CALL MA 11, TO: Examined c!........... 19~c r RR rR~ ry~ R • LS ~ l5 ~ l'/ LS Approved 19 Permit No........... . ~ Disapproved a/cL,. !c? t1~i . nG. nEPT. ci IF SOUiHOLD j (Building Inspector) APPLICATION FOR BUILDING PERMIT / Date ~/f........... 19 INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 =ets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing 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 part of this appli- ation. L;. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit =hall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy Jiall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Wilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. I lie applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to ±dmit authorized inspectors on premises and in building for necessary inspect' (Signature of applicant, or name, if a corporation) Patricia C. Moore (Mailing address of applicant) P.O.Box 983 Mattituck NY 11952 State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. attorney, Name of owner of premises ..Joh•n•and. .Pa t•r-tcia••McEa•rvill........................................ (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) ALL CONTRACTOR'S MUST RE SUFFOLK COUNTY LICENSED Builder's License No . Plumber's License No . Electrician's License No . . Other Tr,,de's License No . I. Location of land on which proposed work will be done . . Bayview Road & Waterview Drive Southold NY 11971 House Number Street Hamlet County Tax Map No. 1000 Section 7a............ Block .7 . Lot .32.7 Subdivision Filed Map No. Lot............... (Name) t. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy r.?§ ij?.rl t l a 1 . . . . . . . . . . . . . b. Intended use and occupancy ,residential .~1 . 3. Nature of work (check which applicable): New Building , Addition Alteration- . Repair Removal Demolition Other Work (Descriptio 4. Estimated Cost Fee % (to be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor . , , , , , , Ifgarage ,nui)ibgrofcars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear . Depth Height Number of Stories . 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front Rear...................... Depth 10. Date of Purchase Name of Former Owner IL Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation: . 13. Will lot be regraded Will excess fill be removed from premises: Yes 14. Name of Owner of premises Address Phone No. Name of Architect Address Phone No........... . Name of Contractor Address Phone No........... . 15. Is this property located within 300 feet of a tidal wetland? *Yes Ne. *If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions 1 property lines. Give street and block number or description according to deed, and show street names and indicate wile interior or corner lot. Please see survey STATE OF NEW YORK, S.S COUNTY OF Sut:folk Pat r i c.ta . C.., Moor.e being duly sworn, deposes and says that he is the appli, (Name of individual signing contract) above named. attorney (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file application; that all statements contained in this application are true to the best of his knowledge and belief; and that work will be performed in the manner set forth in the application filed therewith. Sworn to before me this 9.......... day of...?ta.Y............... 19.96 Notary Public, ....5 `~.FFO( !C . . . . . . . . . . , , , County MAEEf C. NUTKOWSKI Notary PubBc. State of New York No.4982528 - (Signature of applies Oudlad in Sul!; Ik rlnme~- r,. u^ 3, ) 9 97 , REC.EIVED ~ • 5- .L~ JUN 5 19% LC.) j?WA" 1 WA" TOWN OF SOUTIIOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 (We) John and Patricia McCaKy.j,.ldf .....1 &..41a.t-erua.e............. Name of Appellant Street and Number s9utb.(?.1d New Yo.rk HEREBY APPEAL TO Municipality State T14E ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . DATED WHEREBY THE BUILDING INSPECTOR DENIED TO applicant: s,.attorngy_.EALS.ic.La...C..kloore Nome of Applicant for permit of P.O.Box 483 Matti•tu.~k ........................1~e~r...Yrack............................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) Variance 1. LOCATION OF THE PROPERTY .....$dyyi.alv..aaad..S...Wateru.i.eW,••••SRtttlaal.d.............. Street /hamlet / Use District on Zoning Map District 1000 Section 78 Block7 Lot32.7current owner John 5 Patricia McCarvill _ . Map No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article (11 Section t c O' 3C }~,3 31 u - ..a 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 Womk (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No . ................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( x) A Variance to the Zoning Ordinance is requested for the reason that proposed lot 3 with 37, 295 sq. ft. and insufficient front yard setback; front yard setback is 30 feet from existing barn. form ZBt (Continue on other side) • ` Cr - REASON FOR APPEAL continued *NNW 01K, J I. Sl"RICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary 14ARDSHIP because see attached s not shared by oil properties alike in the immediate . The hardship created is UNIQUE and I Z vicinity of this property and in this use district because I 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK )G%!%L: ss Signature . COUNTY OF5t4rFo'K ) Patricia C. Moore T~ Sworn to this ~V.................. day of...............J.NNE......................... 19 9r tcry Public MARGARET C. UTKMI Notary Pubfo, j6 No. 498 Qualified in Sully JM3.Y ej 7 Commission Expfras,MYr8t9~ TO OF SOUTHOLD PROPERTY REOD' CARD OWNER STREET VILLAGE DIST. SUB. LOT - w~ ~a ~/e~ •.z r S ,lam e~ . FORMER OWNER N C - / 'J l s e-Sk/ p E fsCLiA~ -a4 1o o 3 J ofr nl~ c~ _ xk i OuA S ) W TYPE OF BUILDING nN RES. 0 SEAS. VL FARM COMM. CB. MILS. Mkt. Value LAND IMP. TOTAL DATE REMARKS X7/00 ' 0 ' 0C) a/6 O 0 a 5`0 0 8 /3 PL/ /H-~ o o A t 9! 6 ~ ~oU /Su o (030 0 ? /lye d°-d7 9 J 31~~ r.~13AC~Se6 Y Zd3 Xl~l-_ IC>T 9Wi/~NSQ~ 1 3 Aoo /st~o S3ao s-s 2 -n S S $74'Cou~~rTv~~r~1LY~L~-~S.QL7F ~o~'~iil_ 3 oz~ o v u v S s 9/ 7 C 9yM PeraG # -/9rx 4~ Z ~/G _ _~_Ze6~a C Aff DV L0 /2/// 79 I ~P4 ~9~c~C ~f3G1 Ia<K r~~d tir.%ac .F 9~ of i -Z In (3 4a cfiv~efAaiii • 354 4 keJ 3 ZOO 14-6 0 / ? /I f " 7 q~ -L l19 46) l- zPhroski_fv 4, n,+ ~rh 35 9 M S-L 1172-51 LSD- / voski_~a 146 a 0 0 2-0 / P X 0 0 T A 4~ 7e-b, D k' - /V PIL/ C~JI`~r~~~ UC~d C 4~ Lf Tillable y FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowlond DEPTH House Plot / BULKHEAD 61 C? / .2 C, Total 3 6 I IIn I J.33a1sL a3NMo eimwni AaIA!»21 1_I.3112AVId nwie .1 NAC it% COLOR TRIM LA' H'-7 t r h V - M. Bldg. i 3 a 2 G _ - - - 2 Extension I _ - - is'/ ~7 - ~s v S o {s - Extension _ /Sxzz =330 Extension 595 i foundation Both Dinette Porch 34Y4, Basement Floors K. Porch - xt. Walls Interior Finish LR. Breezeway Fire Place Heat DR. Garage Type Roof Rooms Ist Floor BR. Patio Recreation Room Rooms 2nd Floor FIN. B O. B. Dormer Driveway Total OWNER STREET VILLAGE DIST. SUB. LOT e ORMER OWN N E J r AC t.~.T,~/" LQL r,•.0. --a.C.4 CL rY:~, /S S W PE OF BUILDING RES. SEAS. VL. FARM ? COMM. CB. MISC. Mkt. Value - LAND IMP. TOTAL DATE REMARKS 33 `41 0 0 4~rGa 11-31G r I a o,-t z r S`o~ o d ad s 69 Sr- -3 D6 2 8D p VO' $~LD G GE 1 D G CON 70 f{__ 1 i i., yr .3'9G o rca NEW i NORM BELOW ABOVE - + FARM Acre Value Per Value - Acre Tillable 1 13, 13 4 96 a, > ~ a-t. (i(J ,t1-t_ / =i '3 ~'F1 e 3 sn-4 Tillable 2 Tillable 3 GtJ s 30 Woodland dos! N Do ios j 4'~ / A e- p Swampland FRONTAGE ON WATER j, Brushland FRONTAGE ON ROAD House Plot DEPTH 1,2-.0--0 BULKHEAD 'Total a DOCK COLOR TRIM 1 G l b G U - FFE I M. Bld yv G 3 a u Foundation G B, Both Dinette I' Extension X S p J Basement 44- . Floors K. 2 {!o o Ext. Walls oo Interior Finish LR. Extension IIX Q- 5/42 ~i( Extension Fire Place Heat DR. 7- Type Roof Rooms 1st Floor BR. Porch v Recreation Room Rooms 2nd Floor FIN. B. V Porch Dormer `z Breezeway Driveway Garage Patio ~2 t O. B. t Total U - 4wo ow 00 40 41 F i ~ 3 I p ~ ITT IX1lF • MAP OF Mll~,,~012 T 1, •a 50 AT . I5A J go.. i u~ 0S5.F. 3K. r O t/5 F i ~ ~7 > \ ,5•IFF 19 v B?t;m`T . N _ I 2J0.D i v ~ . ~ w O y v,nig 40,000S.F ?AK r' '-to to, c 4c 211.1$ i -lb15~ :~.3t 'i`' kv.59 0`.'W a 299.73 KL52'22. p-W -79. - 7--• 3AYVi5W .2CAD r w SG 'x ?w 3m !CC. ' Arf EA: ; i 8 7y : i r . COUNTY OF SUFFOLK 5 R7 7, j 1 X JUL 2 5 i99o ROBERT J. GAFFNEY SUFFOLK COUNTY EXECI -zy - SIEPHEN M. JONES. A.I.C.P. DIRECTOR OF PLANNING DEPARTMENT OF PLANNING July 22, 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. ici 1 Fie N er s A licanA(s) 4391 McCarvill, John & Patricia) K 4392 ` ozlowsky, Alex (Trustee) 4393 Graeb, Laurie E. Very truly yours. Stephen M. Jones Director of Planning S/s QeLa d C Newman Chief Planner GGN:cc r gWPWIN50\ PDOCS,ZONING\PERM\FORMS\SU~391. JUL .IALP", _O~G St .AI_ 1"38-a04y • 5161 353-5190 • FAX 5151 353-4041 JJ 2J.oRCJRP?E • ?CS ,1n0 a • i APPEALS BOARD MEMBERS ~QSUFFO(~~ hy~ OGy Southold Town Hall Gerard P. Goehringer, Chairman 7 53095 Main Road Serge Doyen 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 July 30, 1996 Patricia C. Moore, Esq. 315 Westphalia Road P.O. Box 483 Mattituck, N.Y. 11952 Re: Appl. No. 4391 - Variances (McCarvill) Dear Mrs. Moore: : Please find attached a copy of communications from the Suffolk County Department of Planning which results from their review under the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, estuaries, creeks of the Peconic Bay area, West Harbor, Fishers Island Sound, Long Island Sound, and its tributaries. The County has left this project for Town determination, and therefore no further action is required by the County or the Board of Appeals. This copy is for your update and recordkeeping. Before commencing construction activities, please be sure to follow-up with the Building Department at 765-1802 to determine whether the file is complete for issuance of a building permit or certificate of occupancy. Very truly yours, Lucy Farrell Enclosure % APPEALS BOARD MEMBERS may' Gym Southold Town Hall Gerard P. Goehringer, Chairman CIO, ? J 53095 Main Road Serge Doyen, Jr. °4 • ' 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 Article IV of the Suffolk County Ac?n;.,istrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Y Variance from the Zoning Code, Article ILIA Section 100-30A.3;100-31A(2-c 100-30A.2A.1 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4391 Applicant:John & Patricia McCarvill Location of Affected Land: 150 Waterview Dr., Southold11971 County Tax Map Item No.: 1000-78-7-32,7 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, 4ighway, Thruway Boundary of Existing or Proposed County, Stare or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-'Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a :Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission _oS„hji„i,;nn int N Cop;aS 07 own 71ie and re ld,-eo iccumentS ago',osea 0r JOur aV,ew. Dated: July 16, 1996 ;y ~~SUFFO(~CO APPEALS BOARD MEMBERS ~~O Gy c ` Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr.~Oj Southold. New York 11971 Robert A. Villas Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD July 5, 1996 Patricia C. Moore, Esq. 315 Westphalia Road P.O. Box 483 Mattituck, NY 11952 Re: Appl. No. 4391 - Variances (McCarvi6) Dear Mrs. Moore: Please find enclosed a copy of the determination rendered by the Board of Appeals and filed today with the Town Clerk's Office concerning the above variance application. A copy of this determination has also been transmitted to the front desk at the Southold Town Building Department pertaining to the pending building permit application request, as well as the Planning Board Office in the pending minor subdivision review. Also, due to the proximity of this project within 500 feet of a the bay, sound, estuary, state highway, or county road, we are required, and have, transmitted copies of the variance file to the Suffolk County Department of Planning for their determination as required under the County's Administrative Code. It is expected that once is review is completed by the County, that the County will leave the variance for local (town) determination without further steps under the variance portion of the project. Very truly yours, Linda Kowalski lk Enclosure Copies of Decision to: Building Inspectors' Office Suffolk County Department of Planning ~ -F OSUffD(~-C ; APPEALS BOARD MEMBERS 90 ~Gy Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road P.O. Box l 179 Serge Doyen, Jr. y James Dinizio, Jr.O! ~a0 Southold. New York 11971 ~ Robert A. Villas f Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. 44391 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: 6/26/96 APPLICANTS: John and Patricia McCarvill PROPERTY LOCATION: 150 Waterview Drive, Southold. 1000-78-7-32.7. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector, Article IIIA, Section 100-30A.3 and 100-30A.2(c). RELIEF REQUESTED: (1) Request for approval of proposed Lot #3 of a size 38,795 sf, including the flag portion included in the ownership of Lot #3, all as depicted on the map completed May 8, 1996, prepared by Roderick VanTuyl, surveyor, AND (2) request for insufficient front yard setback of larger barn (as a principal structure on this proposed Lot #3 (rather than as an accessory building to the existing main house, which house is now located on proposed Lot 42), and, if applicable, this 30-ft. front yard setback may be extended to a future building permit application if proposed to be converted as a dwelling, with one dwelling per lot (as regulated by zoning code use provisions). MOTION MADE BY: J. Dinizio SECONDED BY: G. Goehringer ACTION/ RESOLUTION ADOPTED: Approved as applied (concerning proposed Lot #3 of a total lot area of 38,795 sf and frontyard setback of existing building at 30 feet from its closest setback to the property (south) line. REASONS/ FINDINGS: 1. Total lot area of proposed Lot #3 is minimal, for a variance of 1205 square feet, or 30 of the 40,000 sq. ft. requirement. 2. This plan is basically laid out consistent with that reviewed (without noted objection) in a minor subdivision application, presently pending with the planning Board, will consist of 38,795 square feet while the remaining proposed lots will consist of 100°% of the lot size requirement in this R-40 Zone District. 3. The former Certificate of Occupancy for Nonconforming Premises issued to Julius Zebroski (former owner) on 7/6/88 under #Z-17062 indicated that the nonconforming setback of the dwelling which exists (and now is shown on proposed Lot #2) has been nonconforming since the effective date of the zoning code(s). The other barn and shed buildings shown on the 1996 survey also preexisted the zoning code(s). 4. No cIher alternative is available to afford relief since there is no other available land :erea_ 5. The difficulties are related to the layout of the land, and are not personal to the landowners. 6_ The character of the neighborhood will remain significantly unaffected by Ous 1205 sq. ft_ deficiency- • Page 2 - ZBA Appl. No. 4391 Decision for John and Patricia McCarvill Date of Resolution: June 26, 1996 7. No adverse physical or environmental effects will be produced on. adjacent properties, or the immediate area since all future construction or conversion for a single-family dwelling, or other new buildings for accessory uses, must comply with all zoning regulations and other codes which laws are also applicable to surrounding properties. 8. The variances granted for a reduction of lot size from 40,000 sq. ft. to 38,795 sf (1205 sf shortage), and confirming an established nonconforming front yard setback of an existing barn use (or for possible future conversion to a dwelling) are minimal. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolutio was unanimously adopted. ZBA:lk ERARD P. GOEHRINGER, CHAIRMAN Z Approved for Filing PATRICIA C. MOORE Attomey at Law 315 Westphalia Road P.O. Box 483 Mattituck, New York 11952 Tel: (516) 298-5629 Fax: (516) 298-5664 July 1, 1996 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Att: Ms. Linda Kowolski Re: In the Matter of Patricia and John McCarvill Variance Application Dear Linda: Enclosed please find affidavit by John McCarvill for the above referenced matter. Very truly yours, C~ Patricia C. Moore PCM/mr Enc. SOUTHOLD TOWN ZONING BOARD OF APPEALS COUNTY OF SUFFOLK: STATE OF NEW YORK: x In the Matter of Patricia and John McCarvill Appeal #4391 Variance Application x John McCarvill, being duly sworn, deposes and says: 1. That I am the petitioner in the above entitled matter; 2. That my wife Patricia and I are the owners of a property located at Bayview Road and Waterview Drive, Southold New York; 3. That I have a variance application pending before the Southold Town Zoning Board of Appeals for (a) insufficient lot area of proposed lot #3, and (b) insufficient yard setback of existing principal barn building; 4. The Zoning Use District for this parcel is presently R- 40. 5. I agree to not exceed one dwelling on parcel #3, except as the Southold Town Code may authorize now or in the future; 6. I understand that the Zoning Board of Appeals has relied on this statement in consideration of my variance application. ohn ccarvill Sworn to be before me this da of June 1996 Notary Public pATRICIA C. MOORE Notary Public, State of New YO& Suffo* county -No. . Co mmualon E)vW June 16. 2Z BOARD OF APPEALS:TOWN OF SOUTIIOLD -----------------------------------x In the Matter of the Application of John and Patricia McCarvill ------------------------------------x CONFIRMATION OF POSTING t residing at *LID being duly sworn, depose and say: That on the day of June 199 6 , I personally posted the property known as ^Bayview Rd. & Waterview Dr.,Southold , 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 bee 3' seen by passersby, and that the poster has remained in plat at ast ten (10) days prior to the date of the public hea (dat of hearing noted thereon to be held June 26 1996.) Dated: June,25; 199 6 ignatu i I ~ " " • 'ti --f_ ~ 1, r ,v _ ~ ~i J~ ~ r . 13 , . . .A[ A ( i t~Ii~IV~IV~~l! •'f I I .A '~{f~l~{ 1~ F + , ~ Its A'fl~t,Illlll ~ ~1 1~1 }fi I T~ ` ~ ' i.~ 1~' t t`.. 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I I N 1 I i a: J I1~~i MI, AM4 ~p •-vim, -,~-_,~Y~~ r s' ~C 4 P Z sy t f~ r ~ - S v ~ COIIN fl' OF0POLK tiIAILOFNIWYORK ss: Iney Mac I.ellari, Being duly sworn, says that he is the Irliloi, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suf- folk County; and that the notice of which the annexed is a printed copy, has been published inlaid Ifaveloi Walt hman once each weekfor weeks sutcessnely, cnmmengi g on the . diy of ..,19.1`-F,. Sworn to befole tnf this.- , ~ 3 day of ...,19.E r ........•/zr...•. Ll.~....f..,: Notary Public BARBACA A. SCHNEIDER Naualy ITEM, State of f!evo York Ida. ?84C°n6 Qo,14, 1 in Su`iulk Cpu ty Con n,,wn Expires 831/96 gj0/0. 600, Ito 7:35 p.m. Appl. No. 4389 7.50 p.m. Appl. No. 4388 locate accessory tennis court TIMOTHY GRAY AND EDWIN C. KIN SCHERF• with a setback at less than 20 Jr. JUMBO REALTY. As AND This is an application f.,. V.,._ from all property lines (Section rk Town ante from Article XXIV, Section 100-33B4), and with fencing autho- rized under Section 27New New York the own- 100-244 based upon the Build- over4 R. high in a front yard area Law, _ ing Inspector's Notice of Disap- (Section 100-231). Location of ers are applying for Variances roval issued May 3, 1996, for Property: 6300 Indian Neck BOARD OF APPF,ALS from Article X, Section 100-103, P T'OW N OF SOUTHOLD subsections A & C, of the Zon- Proposed addition at rear ex- Lane, P -2.1L e Parcel No. fisting dwelling with reduced d rear IOU0.66-7-Lonone R-RflResi- NO'T'ICEOF ing Code, for: (a) excessive yard setback at less than the 35 dential. HEARINGS length oflwo proposed buildings D. requirement. Location of 825 p.m. Appl. No. 43911. and (b) reduced front yard set- Property: 395 Inlet Lane, This is an application filed by NOTICE IS HEREBY backoftwo proposed buildings. Greenport NY; County Tax RICHARD S. CORWIN, JR. Location of Property: 43560 and Map Parcel No. 1000-43-4-35, as an adjoining property owner. (3IVEN own p Law to and tire on267 Code 44360 County Road 48, of the T 7N . 4387- appealing application tlon the the Southold, NY; nor4 #8 & 9 as DONNA 1 1. WEX EXLE8.R. This is Building inspector in issusuing ,if to the Town of Southold, applications w shown nn the he Minor Subdivision following appli lications will be Map for Pudge Corp. Pmpeny from application for e a Variance April 5, 1996, mid requesting that held for public hearings before Tae Map Designation 1000.59-A Colum the SOUTHOLD TOWN Column based upon [h action o: l) annual, re- Ill, . Building IPissue's Notice verse e and and set sal aside Building 7;40pm.-Appl. No. 3627(as- Disapproval ns issued April 24 it of f a e K property oned issued by ART 1I UR Southold Town Hall, 53095 Amended). LILLIAN 1996, bee' PproPY Y Main Road, Southold, New York VISHNO. This is an application twee n and - 11971, on WEDNESDAY, fora Waiver under Section 100- teen existing hone e and pool If. AXB the JR. 2) to rtideter ing JUNE at 26 of the Zoning Code, for three with an insufficient less thn the fron60 t Ryard mine that t the subject relang the times specified below; lots created by deeds between setback at lesstha r e. re- wall cannot be constructed or Perron" 7:30 p.m. Appl. No. 4373A- 1947 and 1967) which have been NO Priat Locationo development Perron" without o RONALD J. MAYER. Apply determined merged as one par- 200 Private Road #5 off Oregon deve" for the re- RONALD can l-owner is requesting a seining wall. Location o(suhject cal due to common ownership Road, Cutchogue, NY: County Tax Map Parcel No. 1000-72-1- property: 3705 Camp Mineola ante for alternative relief, under since on or about 7/1983, con- 1.6. Size/Zone: 1.8 acre lot R80 Road, Mauiluck, NY; County Article IIIA, Section 100-30A.2, firmed in the Building Tax Ma Parcel No. 1000-123- and/or Section 100-30C for ill- Residential Zone. P upancy of second building in Inspector's Notice of Disap- 7:SR SCOTT RUSSELL pUSSSELELL No. (iveconcon- Size of Parcel: 1 is will s(. cconjunction with use and own- . - total otal area. peaill under ened Request for Waiver tin- The Board of A d single ar main dwelling, as Prop lion 100-25A. Property de- d singlparceLLocationofProp der Section clion I W-2626 of undersized said time and place place hear any and scribed by deeds dated 1016/67, lot. 1000-136-1-19, all persons or representatives any: 7735 Main Road, Fast 6/17/55, 11/26/47, 6/17!61, to Marion, NY; County Tam Map 8:10 p.m. Appl. No. 4391- desiring to he heard in the above Parcel 1000-31-2-26, acomer lot predecessors in title, and ac- JOAN AND PA'TRICIA applications. Written comments aired 1/26/84 by Lillian Vishno. McCARVILL. This is an p- may also be submitted prior to containing a total land area of Former County' Tax Map Parcel plica[ion for Variances, based the conclusion of the subject 25,210 square feet. Lots #44.1, 45, 46, 47, Section upon the Building Inspectors hearing. The above hearings will 7:35 p.m. Appl. No . 4389- TIMOTHY GRAY AND 48, Block I(.low identified as Notice of Disapproval issued 5/ notstart before thetimes desig- 47,1 30/96 in an application proposal listed, and are in addition m other JIMBO REAL Y. own-' 16 and Ioo the 1904 Map of S. ersarc as pravided requesting aSpecial r Buel Corwin Estate. Zone Dis to "subdivide the prglot"end the filets be reviewed before caption the on1oo- 101 afore under ZontricC R-40 Residential Article ILIA Section the ro 1eo00t-30A. under scheduled dale of the hearing for X, Sec it, foruse of - 7.45 Arid No. 4393- and Section on 100-30A.2, for. (a) updates or new information. If ing Code, for useofa portion of LAappliURIE E. GRAEB. This is and the property as a dwelling unit insufficient loot t area area of proposed you have questions, please also for occupancy by an on-site man- an of aTor Special- Lot#3, and It) insufficient yard do hesitate . Location of Property: lion Use ostablisheed d Ac As- s) of existing principal Dated: : June IQ 1996 Apartment, as pro- setback(s) ager ER OF THF. 43560 and 44360 County Road, cesslry Aann established building. Property Loca- BY ORDER , Southold, NY; Lots#8&9 vided by Article Ill, Section ltl0--tion: 150 Waterview Drive, SOUTHOLDTOWN 48 as shown on the Minor Subdivi- 31B(14)ofthe Zoning Code, in I outhold, NY; County Tax Map BOARD OF APPEALS . eon Map for PudgeCorp P- conjunction 6645 with Main owner's Road, , Zone: Parcel No. 1000-78-7--32.7 Residential, GOEHRINGER, GERARDChaimlaPn rovedb the Planning Board on Mattiutck. NY; County Tax Map Zone: to be determined). or about 7/19/82. Property Tax Parcel No 1000- 115-2-4. Zone 85 . . By Linda Kowalski KY I X-6/13/96(149) Appl. #4392- an. list B , P Designation ulturai and Residen widen: ia 1nte 000 lot's to o b be 59e A -C A ALEX ricltural and - ,ad 9 (two se : X S. KOLO ZLOW SKY combined as one for this build- TRUSTEE. This is an applies- ing and site plan P10jec0, Zone~ it,, for a Variance from Article B General Business. Total Size III, based upon the Building c ofcombined lots: 2.8+- scree. Inspector's May 21, 1996 Notice of Disapproval for permission to 0 Bosco APPEALS BOARD MEMBERS s o Southold Town Hall Gerard P. Goehrin er. Chairman 53095 Main Road Serge Doyen, Jr. • fir.-- P.O. Box 1179 James Dinizio, Jr. X01 Southold, New York 11971 Robert A. Villa a Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 11, 1996 TO THE APPLICANT (OR AGENT I REPRESENTATIVE) p Re: Application Filed by under Appl- #~t3cjl -tea -r z?~ M f d" &":&P-e Dear Sir or Madam: J Please find enclosed a copy of the Legal Notice published in this week's issue of the Long Island Traveler (Southold) newspaper. The public hearing has been noticed for Wednesday night, June 26, 1996, and will be held in the meeting room (court room), at the Southold Town Hall, Main Road, Southold, New York, at the time advertised. An appearance will be required by someone familiar with the property and the reasons for the proposal. Please post the enclosed Notice on the subject property using a stake or other base within 10 feet of the street entrance, where it can be easily seen by passersby. You may place plastic wrap over the sign as a water repellent. If your sign is removed or damaged, we will furnish another sign for replacement by you_ Also, please be sure that the four corners of proposed new construction is staked to be best of your ability by the time you receive this letter (as per instructions furnished with forms). Remember that Board Members will individually be in the area and viewing your property and the neighborhood over the next few days; and if the corners are not staked, the application may be delayed another meeting for another visit to the property. Please complete and return the Affidavit of Posting once you have been able to determine that the sign remained in place for seven days- Very truly yours, Linda Kowalski MaryAnn Cybulski Noreen Frey Enclosures OEM 'VG( 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: LL DATE OF PUBLIC HEARING: ~U EI)e :TutQE ZG, 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 t)F ~ L) bpc bT f 5A 3 tJ ~o~~gUFFO(kcoG. JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK y = P.O. Box 1179 .r T Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax (516) 765-1823 MARRIAGE OFFICER y~ Off' 'h RECORDS MANAGEMENT OFFICER ~l Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: June 5, 1996 RE: Zoning Appeal No. 4391 Transmitted herewith is Zoning Appeal No. 4391 of JOHN and PATRICIA McCARVILL for a variance. Also included is a Letter of Transmittal from Patricia Moore, Attorney at Law, dated June 4, 1996 along with the following: Notice of Disapproval from the Building Department, dated May 30, 1996, with copy of application attached; Notice to Adjacent Property Owners; Short Environmental Assessment Form; ZBA Questionnaire; copy of site plan; and Disclosure Statement. PATRICIA C. MOORE Attomey at Law 315 Westphalia Road P.O. Box 483 Mattituck, New York 11952 Tel: (516) 298-5629 Fax: (516) 298-5664 June 4, 1996 BY HAND Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Variance Application of John & Patricia McCarvill 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. Five prints of a site plan 7. Authorization letter by John & Patricia McCarvill 8. Disclosure Statement 9. Filing fee check Please place this matter on your hearing calendar. Thank you. Very truly yours, Patricia C. Moore PCM/mr Encls. Reason for Appeal Continued Zoning Board of Appeals re: John & Patricia McCarvill 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 zoning is R-40 and the proposed lot is similarly sized to the adjoining properties. The existing barn is located on the proposed flag lot and is in character with the surrounding community. 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. The existinng barn was constructed on a foundation therefore the barn can not practically be reloact. The barn is set back approximately 168 feet from Bayview Road and will have no adverse impact on the community. The area variance is not substantial; the barn is existing and located at 30 feet from the front property line of the flag lot. The barn is actually located 168 feet from the street line. 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 setbacks have been established by the existing structures and the character of the neighborhood is not affected. 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. - Z~ ~zo_ sig ture State of New York ) )ss County of Suffolk ) Sworn to before me this TM day of June, 1996 Notary-Public MARGA Ott L;. RUTKQw$K r Notary Public, State of N„a Yoi. No. 4982528 Oud5ad M S" Carr Cantu m E*UK,haw 3, 19 9 7 BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of John & Patricia M arvitt NOTICE TO to (he Board of Anneals of the Town of Southold ADJACENT Paul & Sara Glantzman PROPERTY OWNER TO: George Jeng & wf. Stephen J. McConnell Patrick J. Stigliani & wf. Donna Cook Robert H. Byrnes Josephine T. Deneen & Marilyn Schade Stewart Charles Kirsch, Trustees and Joseph W. Stewart C~ Lorraine M. Selmer SuffoWY iW IIERE13Y GIVEN NOI ICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a Variance (({caggx(ptg€j(tgfXlrXyt )circle choice) 1 -L 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as fr,llows: -p rnpospd i nt with lot-, gi ze o_ 37.295 Ft __located at Bayview Rna,l SCTM# 1000-078-7-32.7 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 -1 111.11 b% such Petition, the undersigned will request the following relief: Proposed lot 37, 295 sq. ft =14i i _____wi th jnsnffi rient front _a.y root yarn cat ha k 30 F frRm e*istinet barn PQt 5. Th.1t the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article TIT A _ Section 100-aft A 2 (A) (T) and !go 31A (2) (e) [ J Section 280-A, New York Town Law for approval of access over right('s)-of-way. 6. That within five clays 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) 7d5-1.809. 7. That before the relief sought may be granted, a public hearing nn st 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 in the Suffolk Times and in the Long Island Traveler-Manitttck 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: June 3,19 96 Petitioner Patricia icC. Moore Owners'Nantes: John S Patricia McCarvill Post Office Address 315 We1_nhaI i a Road 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.l PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Paul & Sara Glantzman 292 Waterview Drive,Southold NY 11971 1000-78-7-32.9 and 32.8 George Jeng & wf. 105-25 67th Road, Forest Hills, NY 11375 1000-78-7-31 Patrick J. Stigliani & wf. 7195 Main Bayview Road, Southold NY 11971 1000-78-7-43 Robert H. Byrnes Main Road, P.O.Box 354,Laurel NY 11948 1000-78-7-41 Marilynn Schade Stewart and Joseph W. Stewart 36 Columbia Place, Mt. Vernon NY 10552 1000-78-7-42 Suffolk County 1000-78-7-9 330 Center Drive, Riverhead NY 11901 Stephen J. McConnell 3950 Bayview Road, Southold NY 11971 1000-78-6-1 i No Owner 1000-6-10.2 or 1000-78-6-7 Donna Cook 6900 Main Bayview Road, Southold NY 11971 1000-78-6-8 Josephine T. Deneen & 6990 Main Bayview Road, Southold NY 11971 Charles Kirsch, Trustees 1000-78-6-13.1 Lorraine M. Seimer 60 Koke Drive, Southold NY 11971 1000-78-6-14 STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) PAt i ci a Moore residing at 37_0 Terry Lane So ithot d NY 11971 being duly sworn, deposes and says (hat on the 4th day of June 19 ~96 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; (fiat the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Mattituck. New York ; that said Notices were mailed to each of said persons by )certified) (Itail exxtt) mail. 4th Patricia C. Moore Sworn to before me this day of June / _19 96 Notary Public MARGARET Q RUTKOWSKI "xy PubGp, State of Now York No. 4932528 Jual:fied in Suft CormssioaErpresJune 3, 19_97 r (This side does not have to be completed on forin transmitted to adjoining property owners.) - i P 336 417 836 P 336417 837 P 336 417 838 P 336 417 839 P 336 417 840 P 336 j US Postal Service 417 841 US Postal Service US Postal Service US Postal Service US Postal Service Receipt for Receipt for Certified Mail Receipt for Certified Mail No insurance coverage Provided Mail No Insurance Coverage Provided. Certified Do not use for International Mail See reverse No Insurance Coverage Provided. No Insurance Coverage Provided. Receipt Certified . Mail No Insurance coverage Provided. Sent to Ll yn c a e tewart & Do not use tot international Mail see reverse Do not use for international mail No Insurance for coverage Provided. Do not use for Int r anon Mai See rev rs Do not use for international mail Sent to Do not use for International Mail See reverse S t to Sea reverse Sent to uff Sent to ~.orraine Sol k Count Charles Kirsch, Trustees ~U 1C M. Selmer j Ste hen J. McConnell s$tonna Cook Straela pN StreetB Number Street&Number O St-T'6 dRumbiaPlace St t ree&Number a 1 330 Center Drive 3950 Ba view Road st`li~fl~Qftin Bayview Road 6990 Main Ba view Road e Drive Post Office, ZIP rive Post Office, State, 8 ZIP Code Post Oth e, State, & ZIP Code Post Office, State, & ZIP Code ~I Post Office, State, 8 ZIP Code Southold Mt. Vernon NY 10552 11901 Southold NY 11 71 PeJOUI'p..stoa ;IP e Southold, NY 11971 Riverhead NY 32 Cf1 r+ 1 11971 NY 11971 Postage $ .32 $ Postage $ .32 Postage $ • 32 Postage $ Postage Postage $ .32 •32 Certified Fee 1.10 Certified Fee Certified Fee Certified Fee 1.10 1.10 Cadiried Fee 1.10 Certified Fee 1.10 1.10 Special Delivery Fee Special Delivery Fee Special Delivery Fee Special Delivery Fea Special Delivery Fee Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Restricted Delivery Fee ~ j N N Restricted Delivery Fee m 'Ci co Room Receipt Showing to u> Retum Receipt Showing c" Co Return Receipt Showing to m Return Receipt Showing 1, Co Patum Receipt Showing to g to rn Relum Receipt Showing to m p g = Whom 8 Date Delivered Whom 8 Date Delivered m Whom 8 Date DeliveredWhom & Date Delivered n Realm Receipt Showing to Whom, _ Whom & Date Delivered n ReNm Recei t 5 Whom E Dale Delivered -Rehm Recei 1 Showin to Whom, Qn Retum Receipt Showing to W ReNm ReceiptShowirg to Whom, Q p n9 to Wlpin Realm RrceiplSMwigro Whom. C1 D 9 Date,BAdtlressee's Adtlress - Q Dale, 8 Addressees Address . Q Date, & Addressee ess 1.42 Date, 8 Addr ees Addres Q Dale, E Addressees Ad to W Q Date, & AddresseesAddf¢,fs ' O TOTAL Postage 8 Fees o c -&fees 1.42 CO O TOTAL Postage & Fp~Sj$ 1.42 O Pa °^,.s O TOTAL Postage Fee ; 1. 42 O TOTAL Postn d Feee 1.42 O TOTAL Poslog@, CO / O &Fe TOTAL $9e-e, w $ ~ ~ $ 7 co Postmark $ 1.42 I Postmark or Date (0 M 1e Postmark rDale r.- O so 00 Postmark or Date s t0 Postmark or Date E or Date I E Posbna rD i / 4 ~0.~. 15 or) - - - - P 336 417 835 P 336 417 '332 P 336 417 833 P 336 417 834 US Postal Service US Postal Service US Postal Service Receipt for Receipt for Certified Mail R Postal Service Service Mail No Insurance Coverage Provided. Certified Mail Receipt for Certified Mail No Insurance Coverageional Provid Ma il edfor . Certified See reverse SeSe not use for Intemational Mail No Insurance Coverage Provided. No Insurance Coverage ge Provided. Do not use for Intemat De not use for International Mail See reverse Sent to rf to See reverse Do not use for International Mail See reverse Robert H. Byrnes Paul & Sara Glantzman sent to SenV&trick J. Stigliani & wf. Street Number Main Road Streets Number George Jen & wf. P B 292 Waterview Drive Street & Number Street & Number Post Office, State, BZIP Code Post Office, St ate,&ZIP Code 105-25 67th Road 7195 Main L Bayvipw Road Postage Southold, NY 11971 Post Office, Posoffice, State, &ZIPCode 32 Forest Hills, NY 11375 ~outhold, NY 11971 Postage $ $ •32 Postage $ , 32 $ Certified Fee Postage .32 Certified Fee 1.10 Special 1.1.0 Certified Fee 1.10 Certified Fee 1.10 Special Delivery Fee Delivery Fee Special Delivery Fee Restricted Delivery fee Restricted Delivery Fee Special Delivery Fee ry m 0 Retum Receipt Showing to m Return Receipt Restricted Delivery Fee Restricted Delivery Fee WWhoho m s D Date ate Delivered Showing to Retum Receipt Showing to Wham & Date Delivered -R turn Receipt Showing to = vyhpr, q Realm Rec _ Whom & Date Delivered _ Whom 8 Date Delivered rs Return Receipt Showing to Q crpl Sfawip b Whom, Q Date, & Pddrettee's Address Date, & Addressee's Address < Date, Receipt Showing to Whom, `o. Return Receipt Showing to Whom, Date, 8 Pddressee's Address Q Date, 8 Addressee's Atlrlress - O TOTAL Postage & Fees $ TAIL Postage ,B . C 1 • 42 TOFfes I r n. rh '.4c 0 Postmark or TOTAL Postage & F es $ 1.42 O TOTAL Postage & Fees $ 1.42 eo Postmark or Dote € . Postmark Date, ~ ; 11'r J, to t \ r E 9r E Postmark or Date 0 CIL 1 • ST HOLE •I ,JV 4 - 4 ra /LLr) . j+ r- t~ $p• !b \ w N 3ZZ~SS,E G, CPOULS Wft-: (`TO"FCACr% u 1 GARCULLC u °R > FS HEV O m 0 z ~ 5.59 01 •E ~ raw ui - ! i?.63 3O 1 W '.r A', +166i~01w LU 40,000 s,> : C9. 5 CY N _ L~~ 4 t is a0 rt 0: : S>G - T LIANI NVOQ s m 3 I N r t 2ii.28 j ~e.~sv b4.31 !~.54T0! `,J. a 289.7 3 - 10 W 79.31 BP.Y V 1 EROAD 1 _ 661 i ~ 1a.16.a 2JSn-:4at 12 / agOJE1:. 1.o..NUMEEa I 61711 SCOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNUSTE33 ACTIONS Only PART I-PROJECT INFORMATION (TG be completed by Applicant or Project sponsor) 1. APPLICANT ISPONSOR I 2. PRO.IEC NAME John & 9j R149Q Patricia Mr('nrvj11 2. PRCJEC7 LOCATION: Mumcmanty • Southold County Suffolk A. measa LOCATION (Street address and mad mcarsedn"s. anfmment Ianamartm em- re pm,,we rnadl Bayview Road S Waterview Drive SCTM# 1000-78-7-32.7 3. IS PROPOSED ACTON: variance ? Neer C3 Eaaanaldn ? Madlfidatmnlaltaratmn 11. OESCAIBE PROJECT 3RIEFLT: create lot with insufficient acreage, front yard setback to structure 7. AMOUNT OF LINO AFPECJ; IIIIllaRy 7 - Q acres Ultlmate(y acres 3. 'MILL PROPOSErD-ACT.CN COMPLY WITH EXISTING ZONING OP OTHER EXISTING LAND USE AEir A1C10NS? C Yes L i Me It Ks. de..be bnelly Variance from min. acreage and front yard setback 3. WHAT IS PRESENT LINO USE IN VICINITYO-'F PROJECT? ~][Aevdsntlal "Induatnal UCJmmemlat CAgneulture C PataltrwesVOoan tcaea CCtn., Oeaaldn. Ia. COES AC ..CN INVOLVE A PERMIT APPROVAL OR FUNOINTL NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE 09 LCCALI? ly. Yes C Nd It Yea. '[at aganMal and aumllranannals Planning Board and Health Department It. ~^CCES ANY ASPECT OF THE 4C,:N HAVE A CJRRENTIY VALID PEAMIT OR APPROVAL? Cy Yea C N^ It yet !Ist agerq name and aamnaaadmyal existing structures 12. AS A AESULT OF PROPOSED ACTION WILL VISTING PeJIMIT/APPROVAL AECUIRE MODIFICATION? C Yes Cl Nn I C2FIY Y THAT THE INFORMATION PROVIDED ABOVE Is TRUE TO THE SM OF MY KNOWI SOCE Acaneanntodnadr namr. P//a//tris is C. Moore May 9,19 6 Sidnamre; It the ac!ion is in the Coastal Area. and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER (Continued on reverse side ;t of thiS s T _o N.cWy,.S. an' d nvironmeacal Oua li ty Review Act reauires The \~'y an environmencal review will submis ue mdae Ly tas Board . before any action is taken. SNORT ENVIRONMENTAL ASSESSMENT F0R:1 INSTRUC-ZONS. (a) in order t° answer the questions Le this short EAF it is assumed that the preparer will use currently , available information concerning the Project and the likely impacts at the action. It is not expected that additional studies, research or other investigations will be under-_aken- (b) IL any question has been answered yes the Project may be siq- altieant and camvleted Environmental A_tsessmaat Fora is necessary. (Cr If all questions have been answered Na it is likely project is not significaat_ y that the (d) Environmental Assessment 1.. Will project result in a large physical change to the project site or physically • alter more than LO aces of Land? Yes ENO 2- Will there be a major change to any uaicue or unusual land form as the Sitat ves _No 1- W111 project alter or have a large of=act on A" exis.•iaq body at water? .Yes J Na 4.. Will Project have a potentially large impact an / grauadwater quality? yes 1140 5' Will vroject sign!.!±aantly effect drainage flow _ on adjaceat sites? _Yes No fi.. Will project affect aay threatened or endangered / - Plant or animal species? _Yes =,~o 7.. Will project result in a major adverse et_`ect on air quality? . _Yes Na 8. Will. project have a major effect on visual char- acter at the community at scenic views or vistas / !mown to be important to the community? Yes vo 9. Will project adversely imoact.any site or sttuc- ure of historic, pre-historic, or Paleontological importance or any site designated as a critical envircimental area by a local agency? _Yes _No 10. Will project have a Vajor effect on existiaq or !utl.=a recreational apportunities7 Yes two - LL- Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes /va 12• will project regularly cause objectionable odors, noise, glace, wthr the tion, eC i"l disturb- ance as a Prrjee overat_on7 -Yes yo 13. Will Project have any impact an pub!'ic health or satety? -!es V/11;1 L4 Willer!ject at_eet the existing comnunit•? by y causing a grawth in permanent popula- tion of more than 5 percent over a one-year v Period ar have a major negative et--aect on the na VO Character of the community or neighborhood? 15. Is there public troversy concerning the project! - _"es vo trevarer's Signature: "Pres ent_:cq: MC 1'&rVy// pace: S ID /`(i I/is z R,1 PLANNING BOARD MEMBERS ~Zo~~sUfFDCX~oGy~ Town Hall, 53095 Main Road RICHARD G. WARD P.O. Box 1179 Chairman = t Southold, New York 11971 GEORGE RITCHIE LATHAM, JR. t w Z Fax (516) 765-3136 BENNETT ORLOWSKI, JR. Telephone (516) 765-1938 WILLIAM J. CREMERS KENNETH L. EDWARDS R PUP, Z 3,ac PLANNING BOARD OFFICE j JUN j 2 TOWN OF SOUTHOLD Re: Lead Agency Coordination Request Dear-Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Iv, s bQiu~s~cn o~ llk.?9S Requested Action: Z Zl~j-~ 4~i0'Qc(2 ~ ~ 1''J gnc~ o~eR `c~~4C~ recu~Cvr2~~tt,;.n: n crcc+-c~P ~ lC~4YQ I-Jis 2- SEQRA Classification: ( ) Type I 'pp (yl Unlisted Contact Person: x(516) 765-1938 Page 2 Lead Agency Coordination Request The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: ( ) This agency wishes to assume lead agency status for this action. i ( ) This agency has no objection to your agency assuming lead agency status for this action. ( Other (see comments below) Comments: Please feel free to contact this office for further information. Sincerely Richard G. Ward Chairman cc, wBoard of Appeals o a of r,. stees : Building Department Southold Town Board X Suffolk County Department of Health Services 5 NYSDEC - Stony Brook NYSDEC - Albany s 6erp-af-€agiaeers Nev., York Stat&4)epakfaefit-of-Transportation John -Becht-Greenport-Rab4ie-t}titities R y m-o^ + `a :~;~tterr,-Greenport V age-Administrator "Maps are enclosed for your review rev. 4/94 1 '/87)-7c 617.21 SEAR Appendix A d/ State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM >~1 Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. P,xt 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE-Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ? Part 1 ? Part 2 ?Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ? A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ? B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' C C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. A Conditioned Negative Declaration is only valid for Unlisted Actions s - APR 2 F Name of Action y--- - John and Patricia McCarvill ' - Name of Lead Agency Planning Board Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date t PART 1-PROJECT INFORMA )N Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant., on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consia, as part of the application for approval and may be subject to further verification and public review. Provide any additil~\ information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve'' new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION Minor Subdivision of John and Patricia McCarvill LOCATION OF ACTION pnclude street Address, Municipality and County) NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE 298-3629 Atty. ADDRESS CITY/PO STATE ZIP CODE NY 11971 NAME OF OWNER (if different) BUSINESS TELEPHONE ADDRESS CITY/PO STATE ZIP CODE i DESCRIPTION OF ACTION 3 lot minor subdivision L Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: []Urban []Industrial []Commercial []Residential (suburban) ]Rural (non-farm) []Forest []Agriculture []Other 2. Total acreage of project area: 2.9 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 0 acres 0 acres Forested 0 acres 0 acres Agricultural (Includes orchards, cropland, pasture, etc.) acres f)_ acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECU acres acres Water Surface Area g- acres p acres Unvegetated (Rock, earth or fill) 0 acres 0 acres Roads, buildings and other paved `surfaces 2.9 acres 2.9 acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site2 sand a. Soil drainage: []Well drained lgg O10 of site []Moderately well drained % of site []Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS~ Land Classification System? 0 acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? []Yes QNo a. What is depth to bedrock? (in feet) 2 ,proximate percentage of propos_ project site with slopes: 7,0-1030 1hd % ?10-15°0 30 7,15°./0 or greater % Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ?Yes ONO 17. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ?Yes ONO 8. What is the depth of the water table? (in feet) 9. Is site located over a primary, principal, or sole source aquifer? 'Yes ?No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ?Yes [ONO 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? CYes 12NO According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i. e., cliffs, dunes, other geological formations) ?Yes IIqNo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ?Yes C~N0 If yes, explain 14. Does the present site include scenic views known to be important to the community? OYes ?No X 15. Streams within or contiguous to project area: no a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area a. Name no b. Size (In acres) 17. Is the site served by existing public utilities? 13Yes ?No Electricity a) If Yes, does sufficient capacity exist to allow connection? nYes ONO b) If Yes, will improvements be necessary to allow connection? 7- L-Yes ?No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ?Yes qNo 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 ?Yes ®No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ?Yes gNo B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) 0 a. Total contiguous acreage owned or controlled by project sponsor acres. b. Project acreage to be developed: 2.9 acres initially; 2-9 acres ultimately. c. Project acreage to remain undeveloped 0 acres. d. Length of project, in miles: n/a (If appropriate) np n/a e. If the project is an expansion, indicate percent U expansion proposed f. Number of off-street parking spaces existing ; proposed g. Maximum vehicular trips generated per hour _n,/a (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 3 (1 existing) Ultimately 3 i. Dimensions (in feet) of largest proposed structure 3 ; height: 60 width: 40 length. I. Linear feet of frontage along a public thoroughfare project will occupy is? 289. 73 ft. 3 2. How much natural material (i.e., ock, earth, etc.) will be removed from t.._ site? 6 tonslcub.. 3. Will disturbed areas be reclaimed? ®Yes ?No ?N/A a. If yes, for what intend., purpose is the site being reclaimed? landscaping b. Will topsoil be stockpiled for reclamation? ?Yes ?No~ X c. Will upper subsoil be stockpiled for reclamation? gYes ?No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? • 5 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ?Yes 6No X 6. If single phase project: Anticipated period of construction 9//1 months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ?Yes ?No 8. Will blasting occur during construction? ?Yes ?No 9. Number of jobs generated: during construction i n after project is complete 0 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? ?Yes 1a No If yes, explain 12. Is surface liquid waste disposal involved? ?Yes ONo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body. into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ?Yes C~No Type ,X 14. Will surface area of an existing water body increase or decrease by proposal? ?Yes C No Explain 15. Is project or any portion of project located in a 100 year flood plain? ?Yes CNo 16. Will the project generate solid waste? ?Yes 29No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ?Yes ?No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary lAndfill? ?Yes ?No e. If Yes, explain 17. Will the project involve the disposal of solid waste? OYes QNo a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. _ 18. Will project use herbicides or pesticides? ?Yes ?No x 19. Will project routinely produce odorslmore than one hour per day)? ?Yes &No 20. Will project produce operating noise exceeding the local ambient noise levels? ?Yes fJNo 21. Will project result in an increase in energy use? ?Yes E2No If yes , indicate type(s) 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day residentWlons/day. 24. Does project involve Local, State or Federal funding? ?Yes gNo If Yes, explain 4 provals Required: Submittal Type Date City, Town, Village Board ?Yes UNo City, Town, Village Planning Board T]Yes ?No City, Town Zoning Board Yes ?No ~g 'g; c ~_fr lnt City, County Health Department fr7Yes ?No Other Local Agencies ?Yes ?No Other Regional Agencies ?Yes ?No State Agencies ?Yes ?No Federal Agencies ?Yes ?No C. Zoning and Planning Information 1 Does proposed action involve a planning or zoning decision? ElYes ?No If Yes, indicate decision required: ?zoning amendment ®zoning variance ?special use permit subdivision ?site plan ?new/revision of master plan ?resource management plan ?other 2. What is the zoning classification(5)of the site? o-an 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 2 to 3 lots 4. What is the proposed zoning of the site? R-40 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 3 lots 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? (Yes ?No 7. What are the predominant land use(s) and zoning classifications within a ''A mile radius of proposed action? 1 acre residential 8. Is the proposed action compatible with adjoining/surrounding land uses within a Y. mile? ®Yes ?No 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 38,795 111. Will proposed action require any authorization(s) for the formation of sewer or water districts? ?Yes ?DNo 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ®Yes ?No a. If yes, is existing capacity sufficient to handle projected demand? gYes ?No 12. Will the proposed action result in the generation of traffic significantly above present levels? ?Yes No a. If yes, is the existing road network adequate to handle the additional traffic? ?Yes ?No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. c/ Applicant/Sponsor tea e John McCarvill Date / Signature Title If the action i in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 G n N r1 H,'p~fit I)7 o tl n h y; „f l7 ^ n ^ w W ui n u t1 I U t7 I,• • 4 u ' , ry L. d o ' nn w n N,n x r r1 1B 1- N to a n n I-•. 1 I-• 1- ID I-' n ~1 Y ° ' IU i-' 1'I ,A w N H ,v 1-t N ID r to 110, fA ti N 1N9 rl .'4 n U1 11 n 1-I 1~ A. 111 14 (ioo r0 Q tj 1 In ' n 17 u' tl t~ 1n~ IIfYI7 (i1). tlrpr r y ,A It P. j1 N n r, .1 fr Lp l I r to 'q~ (r {r 11 fl (1 t) lY 'd to IIn-• N ° , ..I p y 1 i rt R ID Iln.• to w N o 1-1 to t IL1 p t7 qn N• 0 ~ N D 1~ o 11 10 f , (I ° iu 1:1' li N P1 I I i W p f'. 'H ID III to ~0'U~1N ~j. N ID n, o n ri Iti C •n •ly 14 p t i 4 IQ t1 it N "j"(1 Inn Q [I ry7 `i I 1'1 I' '~dy (t f~ t j N lu o, Ip Il D ry ry n 1 It U ( 'Cl n ~t ~1`I t1 p p N h 'n It ; 'Y N i n n r13 4. t N^ n f rt in ft P. t o i n ° r r ~I~'fyy q t tl D N rv I P! 12 to N 'u DI • r} r p tl, Fp'1Y (r~~.. P 1~ u rv P. N n u m N of t° p R r atjn rvryn ti `1°n1A P. n f o p ~a p £I °c, ~n ~C 50~ pcl `~nry IIuuG°~:; !1t i'`) 0It to ry N n. N tN7 OJ N f0 (n P. a II 1D N Cr 1 ,Y rl n n p 11 ~1t1 r~t~• I-' hq-• ~l, I' u, p fJ t 1~- N 'tl In (a `u lu ~w ~ ( P; ryyl In r 1. pt lu lr r; n ID ID 'to {IthC1r P o, 4, H1 i h f~ q rt 1-I ~r (l' I- rD 1, I L I). ~ p v n V "~1 a ° iY 01 ri, ID ) ID 11••r7 n go h' ° ry 1T (v a q tY~ r1 p 1 (H, ru w f• i I~• ~t 11, (D N nJ ° to rt fNr I. n£ Y O'(1 fD ( j IA I Lill fo ItNu ~i1 ~J to Ipu N a n (D ff~ ql to it 1) to go I P. to iY y ` ' o w ry ~i i 1qF ) u d f: n Ilk u~ ;C 3 rti p 9 .10 4'1 III n rt n r N ft f, 1 p /1/4J (1 ~u ) rl I- 1 r , to to N fl .N i , D a I7 1~ !!UI D fD ttrrr ~u 1r,11' l' - u p t 1 I t. ~i a p. • N o, rl' 11• _;.j. to !1 N 17 N ~iU1 O i l I, rr t , ci n rl ' ( ' (A fU !t tY l7 rte, rr , ~4 n • tr. fl ri. N ra lu to m t~ r 14 I` P1 1 , ro hl , N i1 N 1 q N to III IJ li ii dl n N 1 r11 to ;u ~ 1 IY I.S. to C) 10 Y tL ro"~ I IU (r1. `t 390 Oak Drive P.O. Box 634 Southold, NY 11971 April 10, 1996 Patricia C. Moore, Esq. 315 Westphalia Road P.O. Box 483 Mattituck, NY 11952 Dear Ms. Moore: We, John McCarvill and Patricia McCarvill of 390 Oak Drive, Southold, NY 11971, hereby authorize you to make an application to the Zoning Board of Appeals, Town of Southold and to the Planning Board, Town of Southold on our behalf. Very truly yours, John McCarvill ~G~GLfCC~-,~/~GY C~ra2~ Patricia McCarvill 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 John & Patricia McCarvill. 2. Patricia C. Moore is an attorney duly licensed in the State of New York practicing as a sole practicioner 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 John & Patricia McCarvill 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: June 4, 1996 - : M 1 liam D. Moore i I i TEST fYILF WR Is D ,,,,~zM~`~ MAP OF IvtlP•.;OIY. 9 F F2ICI~ t~~1 i` f r\~112SYfLL 5d ra, 0, W. d / AT AT ul c'V CLS WELL \ T+y W (IP"F4~(y). _f cjCY'Fp0£' cwtrtoucGA u~7 F o etdET+ € BAYvi E m 8 ~s 1 5.5q~fl1E. i' w cl 14 c .a (ry 1 2f3 1 awNErrAQQRc s: 10 Qr~css: y j 40,000 SS 'o a, r u 3 \ as d; 39c) 390 Oxc. QNOVE ~ a ppgw u . •I 4d g s SPtGLI ANI P. CS. l3 ^7 6'. P. CS, {3t~ k 6 ~ - SOUTHOL, SOUTHOLU N; I197! 211.28 - l8,' S. X4.31 ` I BAYVIEW RQAP 66 1 SCALE - I OC 'ALE -100', C a so too 200 200 30Q 400 500 . t _ AREA, 118,79j A= I k87g5 SQ,PT. MOTES: y-/~ 1.~ F.f,07 TAX MAP OA"I Y MAP DATA: K)00- 078.7-32.i m ERTV tF Z4NEQ ts w4r.r_f o rz-go,- - - - - i tuCOURS R F:FRTQ_rRF6 FFRTQ_ h }Fyr._t tR LEVc'-L. B/YvlEw Rn., 31 4THt WATICIZ 90PPLY ,oat ~ T p'Aa'1Li7fkfi ~a_R?AI.L L FO_RTALL LOTS ON THIS NiHF t_Jf l7'LY TFlE-5?A1tlPA1205_ TA1lPA1205_ANP UQWREMt 4. s OF -AE 5UFF01,k: r~.Q[PA tk: .O[PAfwTFlfty"' Ci( 1 ft.tr-1, - KEY MAP TEST HOLE i2- V/ 6oci 1 PROFE5510NAL ~E551Q AL L/Nf 5Uf2icv,',I'1, i I rocs i L ~sk~+! YQRaG_',TA l YQRaG'~3"Ai'r,UCEt<ISr: ~J~ 2562.6_ - i"-"- 3„ GC2EEtJPORT SANDY LOAM { 5UFFOLf<000NTY PVPA_RTMENT_QP HEALTH- eMYIUS LOAM HAUOT'RUGE. k4N•. i ~ i SNVp, { ~ NEAy/Y WiiMQ5H9 REA4TY $W90tvlSlflN QY2 RFVEtAPMpedT I GtIMJEI - 1 v T_F11S I$'19 (Fl~TlF4 TNATT4IE IIIM° _ WlTHATPTALOF L! MAY 2919% APPMO 9N Tw M,4 ¢AT6, WAU SUPPLIES AWP 5EWAdE O65POSN, ' ---.-1 I~ FAC~CRi~ M1"10 ti G9Mt lk~~'tQly [ lDr~t~,OS0jfFFECT __AVE__ WE HEREBY CF_fLTI ZEBY CEWIFY THAI NQ LOT ON I toitA%mw"MkS'w- 6jw:T4SEPk8Afi6~K/.ommS PUA};4T " V-Hu I I TMfS.MhP IS L,~SS h~? IS LESS 17-1A_~J~3f,~7 5 SA.FT,~ ""i, 1 AFMOhNil- SWA{A IK \hklA0 CIN y y IF TWV REALTY STAMP !A AND THAT 7µ15 MAP WAS SURIRZYI I1 sdFT1 1Tt?CAP tS OU4Y FllE6 1FfE CCRPJSY=GiERk pntNfft w.wAAmm.n M~.w,. IN 6"e AND TM. MrR6Tt1 I biM1M1.ary.v x.WOmGn eY"e H7AAE _EeY U~ F621~ FAY' l3~ F62l~M ACTUAL 5_UR1JE'1$ j QNfi., e- L5 HERE8YQli/EN FpA1NE FILING 151'~P 1 se oimna~w."n.x.wranebr CQMPLE D K4AY E_WD kA.,-Y)~~ $~ry, 1~9~96 AWD THAT ll3i~'JIOFfICEi)F t,M y~ 4iEAkT117HE'.Cf~4lP5MGtEtBGIN i :~oiummi.rumvm.onne.my CAhtC92al°,CE'(+Td'1:Al aCff1Ji2L 4'k.'Y+ftl<1- K.4AW TfAfe11dE_SURFUI.IC ~oo.narnm.wni.uxawor ' t? _ _ e .euwmmnmbmxa.rTATOae~r,"y f?9FA1 t YJS S.r o CKV,kc LOtIN4Y5k#~~.GtE. 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