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HomeMy WebLinkAbout4284 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS DATE OF ACTION: December 7~ 1994 APPL. #4284. APPLICANT: THOMAS THOMPSON LOCATION OF PROPERTY: 2980 Bridge Lan% Cutehogue; Lot Map of Ismar Acres approved March 13, 1973. COUNTY TAX MAP DISTRICT 1000, SECTION 85, BLOCK 2, LOT 22. BASIS OF APPEAL: Notice of Disapproval issued by the Inspector dated November 3~ 1994: "Accessory buildings located in the required rear yard." Building shall be PROVISIONS APPEALED FROM: Article III~ Section 100-33. RELIEF REQUESTED: 24' by 24'accessory garage located at least 15 feet from the westerly side property line and at least 150 feet from the front property line (along Bridge Lane). MOTION MADE BY: James Dinizio, Jr., Member SECONDED BY: Gerard P. Goehringer, Chairman-Member ACTION/RESOLUTION ADOPTED: Granted front yard location of 24' x 24' accessory garage, with a setback of at least 15 feet from the westerly side prepert¥ line and at least 150 feet from Bridge Lane, with the condition that this accessory building not be converted or used for Hying or habitable purposes. REASONS/FINDINGS: Dwelling is set back 197+- feet from front property line. Property contains 135 ft. lot width. Garage is close to dwelling and gives the appearance of an attached building. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, 11971, on WEDNESDAY~ DECEMBER 7~ 1994, times specified below: Southold, New York commencing at the 1. 7:35 p.m. Appl. No. 4284 - THOMAS & ELIZABETH THOMPSON. Request ' ~for a Variance under Article III, Section 100-33 for permission to locate an accessory garage building in the southerly side yard area, rather than the required rear yard, at premises known as 2890 Bridge Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-85-2-22. The subject premises is a substandard parcel in this A-C Agricultural Conservation Zone District containing approximately 41,585 sq. ft. in total lot area. (Setback from property lines, when located in a yard area other than a rear yard, shall be determined by the Beard of Appeals. ) 2. 7:40 p.m. Appl. No. 4286 - JOEL AND MARGARET LAUBER. Request for a Special Exception under Article III, Section 100-31B(13) for permission to establish Winery Use for the sale of Page 2 - Legal Notice Southold Town Board of Appeals Regular Meeting of December 7, 1994 wine produced from grapes primarily grown on the existing Vineyard where the proposed Winery is to be located, to wit: 45470 Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-6-9.7 and 9.6 (combined total: 30 acres). 3. 7:45 p.m. Appl. No. 4283 - GAIL DESSIMOZ and MICHAEL RACZ. Request for Variances under Article III, Section 100-32 and Section 100-33C, based upon the October 21, 1994 Notice of Disapproval issued by the Building Inspector for permission to: (1) change lot lot resulting in a reduction in the existing lot width on the westerly lot from 208.14 feet to 125 feet (Code requirement is 175 feet in this R-80 Residential Zone District), and (2) if the lot width reduction is approved, to locate accessory pool in the new side yard area to the west of the existing single-family dwelling. Location of Property: Private right-of-way known as Halloek Lane and Private Road #10, whieh extends off the north side of Sound Avenue, Mattituck, NY (over and along lands of Charles Simmons and Edwards Harbes); County Tax Map Parcels No. 1000-112-1-3 and 4. 4. 7:50 p.m. Appl. No. 4285 - ELBERT E. LUCE~ JR. Request for a Variance under Article III, Section 100-33, based upon the November 7, 1994 Notice of Disapproval issued .by the Building Inspector for permission to construct accessory storage building (shed) in an area other than the required rear yard. Location of Property: Private Right-of-way extending 332.51 feet off the Page 3 - Legal Notice Southold Town Board of Appeals Regular Meeting Of December 7, 1994 easterly side of Youngs Road, (House #944), Orient, NY; County Tax Map Parcel No. 1000-18-2-14. Subject promises contains a total lot area of 21,188 sq. ft. and is located in an R-80 Residential Zone District. 5. 8:10 p.m. Appeal No. 4282 - CURT W. MEYHOEFER/JOHN and DOREEN MAZZAFERRO. Request for a Variance under Article III, Section 100-32 for approval of deck, as built, with a setback at less than the roquired fifteen (15) ft. setback from the northerly side property line, at premises known as 43475 Main Road, Peconic, NY; County Tax Map Parcel No. 1000-75-1-18.1. The Board of Appeals will at said time and place hoar any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion' of the subject hearing. Each hearing will not start before the times designated above. If you wish to review any of the above files or would like to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: November 16, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X Page 4 - Legal NoticeI Southold Town Board of Appeals Regular Meeiing of December 7, 1994 Mailing List for Legal Notice Hearings for December 7, 1994 Copies of the Legal Notice furnished to the following 11/16194: Mr. Thomas C. Wolpert, Young & Young, 400 Ostrander Ave., Riverhead 11901-4694 Re: Racz and Dessimoz Mr. Joel Lauber, Box 921, Southold, NY 11971, Re: Corey Creek Vineyards Mr. and Mrs. Thomas Thompson, 2890 Bridge La, Cutchogue 11935 Edward John Boyd V, Esq., Main Rd, Southold 11971 Re: Luce Patricla C. Moore, Esq., 315 Westphalia Rd, Mattituck 11952-0023 Re: Meyhoefer/Mazzaferre Posted on Town Clerk Bulletin Board on 11116/94 Copies to Board Member Boxes together with copies of files 11/16 Copy to Town Clerk for distribution to TB on 11/16/94 Copies to official newspaper(s) on 11/17/94 by fax transmission Copy to Building Department on 11117 FOP~ NO. 3 TOM OF SOUI'HOLD BUILDING DEPART~NT SOLCrHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: NOVEMBER 3, 1994 To Thomas & Elizabeth Thompson 2890 Bridge Lane Cutchogue, New York 11935 PLEASE TAKE NOTICE that your application dated .. ~O]/ig~l~. 2 ........ 19.. ~.. r it CONSTRUCT ACCESSORY GARAGE . fo pem to .................... . at ti 2890 BRI~ I~ ~UlCH~, N.Y. Loca on of Property .............. House No. Street H~let County Tax Map No. 1000 - Section 85 BLOCK 2 LOT 22 Subdivision ........................... Filed Hap No Lot No is returned herewith and disapproved on the following grounds ................ UNDER ARTICLE III SECTION 100-33, ACCESSORY BUILDINGS SHALL BE LOCAI~D IN x~ EEQUIRED REAR YARD. -- ACTION REQUIRED BY TN ZONING I~ARD OF APPEALS. RV I/80 R~CEIVEI~ i'~0'1 ~', 1994 TOWN OF SOUTHOL[$,o~NiI~dd~ Clerk APPEAL FROM DECISION OF BUILDING INSPECTOR APPEALNO. yp ~,.(~ DATE ................ TO THE ZC~ING BOAR~ OF APPEAL~ TOW~ OF SOUTHOLD, N Y · ~ ~ ~,~'~ ~ '~ ~- ~ , ,. ,w.,~b~......~..~.~,.. ........................ ~, ...~t ...... ~ ...... ...,~. .......... [..~.:~ ........ ~ ~ ~ame of A~petlont S~r~,t ~Numb,r ............ ~-~.~.-~ ................................................... ~ Municipali~ State ..... THE ZONING DOARD OF APP~ FROM THE DECISION OF ~E BUILDING INSPE~OR ON APPLI~TION FOR PERMIT NO ..................................... DATED ........ WHEREBY ~E BUILDING INSPECTOR ~ENIED T~ ...... Street and Num~ Municipali~ ~ ~ta~' .................. ( ) PERMIT TO USE ( ) PERMIT F,~R ~CCUPANCY ' ,--r- 6o.,LL~ G~ ~- ' .. ~ . ..... ~...~.. : ...... :... ::~..;.[.~.L~.~.~ .................................... " .~treet /~a~ / Use District on Zoning D~strict 1000 Section Block Lot ~ '~ ~ ~ ~ /~ ~ ....... : ............ ~ ............ ~urrent ~ner I~.J ~ '~/'~/A Mop No;,o0., ~ ~ .n' Lot No. '- P i ~ ~ - ~ T~" ~'. ~ u ~-~-~ , lO r or uwnec~~ r~4 , 2. PROVISION. (S) OF THE ZONING ORDINANCE APP~LED (Indicate the A~icle Secti~, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~ Section IOo-~ 3. TYPE OE APPEAL Appeal is made herewith for (please check appropriate box) ( /~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. Lays Art'-16Sec'280ASubsecti°nb, t 4. PREVIOUS APPEA~L A previous appeal (has)~.~.s not)~en made with respect to this decision Of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit { ) request for a variance and was made in Appea! No ........ [ ....................... ;Dated ............................. ; ........................................ REASON FOR APPEAL ( ) A Variance to Section 2BOA Subsection 3 ( L~A Variance to the Zoning Ordinance ( ) is requested for the reason that ~orm ZI~I (Continue on other side) REASON FOR APPEAL Continued 1, STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw HARDSHIP. because 2. The hardship created is UNIQUE end is not shored by oil properties alike in the immediate · district because / The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) d~.v' '~.,~'~~ ,,' .. COUNTY or S'uF..~/,C-]' ss ........................ ....... ] ...... ~ .............. Sworn to this ............. ~ .......................... day o .................................... No. 496]037 ~ualified i. S~k Cou~ MXCommisson Ex.ires Jam 8, /~ [ /~. ~_ ~ _ ~ TOWN OF SOUTHOLD PROPERT~RECORD CARD ~'~'~ uwre=K ~ VILLAGE DIST..' SUB. LOT >~- / FORMER OWNER i~1 . s RES. ~/~ SEAS. , VL ~ FARM COiVdVL CB. MICS. Mkt. Value FR~TAGE ON WAT~ :~- =%- ~ FRO~"~ R~D ~1 ',./ . ' Basement Ext. Walls u~ +.j L-~-- Fkx~ Dinette K. Place Heot i~ L,~ "~ ~, DR. Rooms 1st Floor BR. FIN. B FOSTEI2.. 120. CO ' OF PP..OPEI TY TI.4F' Ivl 1,55'18'40"~Z ,' J SUFFOLK CO. HEALTH DEPT· AP~OV)d,; . T.~_Tp, TEMENT OF _iNTENT THK WATER SUI'~L.Y AND S~WA6[ DIS~AL SYSTEMS FOR THIS ~ESIDENC[ WIlL CONFORM TO THE STANDARDS ~ THE SUFFOLK CO DEPT. OF HEALTH (SI APPLICANT SUFFOLK COUNTY DEPT, OF HEALTH SERVICES - FOR APPROVAL OF CONSTRUCTION ONLY DATE: APPROVED: DIST. ~CT. BL~K ~L. i~oo OG~ Z · OWNERS ADDRE~: . TEST HOL~ STAMP 5E~ FIL~D ~ ~ TiTLE IN3U~ANCE COMPANY / GREEN~RT NEW YORK L APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: December 7~ 1994 APPL. #4284. APPLICANT: THOMAS THOMPSON LOCATION OF PROPERTY: 2980 Bridge Lane~ Cutchogue; Lot #10, Map of Ismar Acres approved March 13~ 1973. COUNTY TAX MAP DISTRICT 1000, SECTION 85, BLOCK 2, LOT 22. BASIS OF APPEAL: Notice of Disapproval issued by the Inspector dated November 3~ 1994: "Accessory buildings located in the required rear yard." Building shall be PROVISIONS APPEALED FROM: Article III~ Section 100-33. RELIEF REQUESTED: 24' by 24'accessory garage located at least 15 feet from the westerly side property li~e and at least 150 feet from the front property line (along Bridge Lane), MOTION MADE BY: James Dinizio, Jr., Member SECONDED BY: Gerard P. Goehringer, Chairman-Member ACTION/RESOLUTION ADOPTED: Granted front yard location of 24' x 24' accessory garage~ with a setback of at least 15 feet from the westerly side property line and at least 150 feet from Bridge Lane~ with the condition that this accessory building not be converted or used for living or habitable purposes. REASONS/FINDINGS: Dwelling is set back 197+- feet from front property line. Property contains 135 ft. lot width. Garage is close to dwelling and gives the appearance of an attached building. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Soathold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 December 12, 1994 Mr. and Mrs. Thomas Thompson 2890 Bridge Lane Cutchogue, NY 11935 Re: Appl. No. 4284 - Variance Dear Mr. and Mrs. Thompson: Please find enclosed a copy of the determination rendered by the Board of Appeals at our December 7, 1994 Regular Meeting and filed today with the Town Clerk's Office concerning your variance application of November 9, 1994. A copy of this determination has also been furnished to the Southold Town Building Department pertaining to your pending building permit application request. However, it will be necessary for you to contact the Building Department (765-1802) to be sure your application request is returned to their re-activation rack. If you have any questions, please feel free to call. Very truly yours, lk Enclosure Copies of Decision to: Building Department Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton .~ -..9/ %¢ ~ BOARD OF APPEALS TOWN OFSOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: December 7~ 1994 APPL. #4284. APPLICANT: THOMAS THOMPSON LOCATION OF PROPERTY: 2980 Bridge Lane~ Cutchogue; Lot #10, Map of Ismar Acres approved March 13~ 1973. COUNTY TAX MAP DISTRICT 1000, SECTION 85, BLOCK 2, LOT 22. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated November 3~ 1994: "Accessory buildings shall be located in the required rear yard." PROVISIONS APPEALED FROM: Article III~ Section 100-33. RELIEF REQUESTED: 24' by 24'accessory garage located at least 15 feet from the westerly side property line and at least 150 feet from the front property line (along Bridge Lane). MOTION MADE BY: James Dinizio, Jr., Member SECONDED BY: Gerard P. Goehringer, Chairman-Member ACTION/RESOLUTION ADOPTED: Granted front yard location of 24' x 24' accessory garage~ with a setback of at least 15 feet from the westerly side property line and at least 150 feet from Bridge Lane~ with the condition that this accesSOry building not be converted or used for living or habitable purposes. REASONS/FINDINGS: Dwelling is set back 197+- feet from front property line. Property contains 135 ft. lot width. Garage is close to dwelling and gives the appearance of an attached building. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member Tiffs resolution was unanimously adopted.~ .~ ~ // _ ,.,/",. /_/ / lk ,- GERAI~D P. GOEHRINGER, CtIA~N APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE BOARD OF APPEAL~q Appeal No. 3823: Application of THOMAS THOMPSON for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule for approval of existing swimming pool with deck areas which will have an insufficient rear yard setback when attached by a raised deck to the rear of the existing dwelling. Zone District: Agricultural-Conservation (A-C). Location of Property: 2980 Bridge Lane, Cutchogue, NY; Lot #10 on Map of Ismar Acres (Approved March 13, 1973); County Tax Map District 1000, Section 85, Block 2, Lot 22. WHEREAS, a public hearing was held and concluded on March 9, 1989 in the Matter of the Application of THOMAS THOMPSON under Appeal No. 3823; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the easterly side of Bridge Lane, in the Hamlet of Peconic, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 85, Block 2, Lot 22. 2. The subject premises is a described parcel of land containing a total area of 41,585 sq. ft., lot frontage of 135.0 feet, and lot depth of 326+- feet, and is improved with a single-family, two-story frame house and accessory inground swimmingpool with decks and fence enclosure, all as sketched on survey dated February 3, 1984 (of Roderick VanTuyl, P.C.). Page 2 - Appeal No. 3823 Matter of THOMAS THOMPSON Decision Rendered March 9, 1989 3. By this application, appellants request a variance from Article III, Section 100-32, and Bulk Schedule of the Zoning Code, for approval of the construction of raised deck between the existing pool decks and dwelling, thereby changing the status of the entire pool construction from accessory to part of the principal structure. 4. Article III, Section 100-32(B){1,2 & 4}, and Column ii of the Bulk Schedule, of the Zoning Code requires a minimum rearyard setback at 50 feet. The dwelling without decks is shown to be set back at 96+- feet from the rear property line (see original survey, without pool and deck construction, prepared by Roderick VanTuyl, P.C.). 5. By Building Permit No. 16534Z, approval was granted by the Building Department authorizing construction of accessory pool construction in the rear yard area with a setback at 50+- feet, exclusive of fence enclosure and decks. It does not appear that any reference was made as to proposed decks or step areas from the dwelling to the pool, although this type of construction is very common within the Town of Southold. 6. The amount of relief requested by this application is 15 feet from the current zoning code, effectuated on or about January 22, 1989, Section 100-32B (1,2 and/or 4). The zoning requirement prior to January 22, 1989, required a minimum rear yard setback for a principal structure at not less than 50 feet under Column A-40 of the Bulk Schedule, and Section 100-31. 7. In considering this application, the Board also finds and determines: (a) there is no other alternative available for appellants to pursue other than a variance; (b) the variance requested is uniquely related to the property and will not alter the essential character of the neighborhood; (c) the variance requested is the minimal necessary to afford relief and is not substantial; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all of the above factors, the Page 3 - Appeal No. 3823 Matter of THOMAS THOMPSON Decision Rendered March 9, 1989 interests of justice will be served by granting the relief, as requested and conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer and Mr. Sawicki, it was RESOLVED, to GRANT the relief requested for construction of deck between the rear of existing dwelling structure and the existing swimmingpool construction, as shown on the sketch submitted for consideration under Appeal No. 3823 in the Matter of the Application of THOMAS THOMPSON. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki, and Dinizio. This resolution was duly adopted. GERARD P. GOEHRINGER, ~AIRMAN lk BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of CONFIRMATION OF POSTING say: ' - I/ - , being duly sworn, depose and That on the day of November, 1994, I personally posted the property known as "2890 Bridge Lane, Cutchot~e, ~N~ ~ plac'l~g ~e iTown's official poster notice on ~ {5 I k~- ~ ~,' I k~5{k\ ¢ ~ \ ~ ~_~ facing the road side of the property, and that tile tl~heSter has remained in place at least seven days prior to the date of first public hearing. Dated: November , 1994. Page 3 - Hearing Transcript Regular Meeting of December 7, 1994 Southold Town Board of Appeals 7:35 P.M. Application No. 4284 - ~F~MAS & ELIZABETH THOMPSON MR. CHAIRMAN: Request for a Variance under Article III, Section 100-33 for permission to locate an accessory garage building in the southerly side yard area, rather than the required rear yard, at premises known as 2890 Bridge Lane, Cutchogue, N.Y.; County Tax Map Parcel No. 1000-85-2-22. The subject premises is a substandard parcel in this A-C Agricultural Conservation Zone District containing approximately 41,585 sq. ft. in total lot area. (Setback from property lines, when located in a yard area other than a rear yard, shah be determined by the Board of Appeals.) I have a copy of a survey indicating the approximate placement of the house which is somewhat toward if not toward, more toward the rear yard but certainly close to the center and of which there appears to be a swimming pool built lengthwise in the rear of the dwelling and the specific pending area for the proposal location of the garage which is the nature of this application tonight and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there solnebody who would like to be heard? THOMAS THOMPSON: Thomas Thompson. MR. CHAIRMAN: How do you do Sir? Is there something you'd like to add to the. THOMAS THOMPSON: I'm Thomas Thompson. In reference to the garage, it said on the bottom of the form in reference to rear to the front line, "how much feet". It's over 200 feet. Page 4 - Hearing Transcript Regular Meeting of December 7, Southold Town Board of Appeals 1994 MR. CHAIRMAN: Alright. And it's 15 feet at the corner from the property line? THOMAS THOMPSON: Right. It can be jogged a little bit enough to work it as you can see the nature of the property. The house is set back 250 ft. off the road and that's why the hill in the front were in the flat, flat part of the area. So, like you say, our front yard is my adjacent neighbor's rear yard, he's basically 125 feet from the road, so I'm still another 125 feet from him and this garage will also be approximately 75 feet from the rear of his house. MR. CHAIRMAN: Alright. What is the size of the garage? I got 24 x 24. THOMAS THOMPSON: 24 × 24. MR. CHAIRMAN: How many stories? THOMAS THOMPSON: Well, Pete put a dormer up the side. I'm self-employed and I have him going to put an office upstairs. That's the idea of the .... . MR. CHAIRMAN: What type of utilities are you anticipating in? THOMAS THOMPSON: Business? MR. CHAIRMAN: No, no, I'm referring to electric, heat, water, so on and so forth. THOMAS THOMPSON: I'm just going to basically put electric in. I might even, I'm not even sure as far as I haven't got that far yet. Basically now I would say I'm going to be working on over the winter. I have oil heat in the house for my existing structure. I have an LP natural gas stove in the house which has a tank already on the side of the house. Already we've been trying for that Page 5 - Hearing Transcript Regular Meeting of December 7, Southold Town Board of Appeals 1994 for gas on the stairs. I didn't really know if there was any code or whatever I had to meet with so I really wasn't, I have got that far yet. I'm basically going step by step. There should be plans going out for ( ) to be made for anything basically. MR. CHAIRMAN: The reason why we ask the question about storage is because there is a match amount of height that you're required to stay within of which you're probably aware. 18 feet. THOMAS THOMPSON: Basically 18 feet overall. I think it matches the same peek if, I don't know if you bought a new house with house plans basically designed to match the same peek as the other house and if the dormer, I don't know if you look at the dormer it would be facing to the rear of my yard adjoining to the neighbor's yard as well. So they will slope up to a, the roof will slope up which the neighbor would be seeing and the dormer basically faced due east towards the rear of the property of the yard. MR. CHAIRMAN: The normal restrictions that this Board places on these is that it not be used for any type of sleeping purposes. So you're aware of that situation. THOMAS THOMPSON: No, I won't have that. In fact, I would say I'm self-employed and I got an office in the house and I've got kids and I could use a little space and that's basically my intentions of putting a whole new top there. MR. CHAIRMAN: Before you sit down Mr. Thompson we'll ask the Board if they have any questions of this gentleman? We'll see what develops during the hearing. Thank you. Is there anybody who Page 6 - Hearing Transcript Regular Meeting of December 7, Southold Town Board of Appeals 1994 would like to speak in favor of this application? Sir? BRUCE GRATTAN: Yes, I'm Bruce doors down from Mr. Thompson. So, I up is going to be enhancing the area. Is there anybody, Grattan, aud I live four say that anything they put If you look at his home and his yard and surroundings its very, very nice. MR. CHAIRMAN: Thank you. Is there anybody else would like to speak? Anybody like to speak against the application? Does anybody want to move on this or do you want to hold it in abeyauce? MEMBER DINIZIO: Not really, I'll make a motion to grant it as applied. I don't know how you feel about water but if he wants to heat it and put electric in there it's fine with me. MR. CHAIRMAN: Alright. So, we're going with electric and heat. Alright, and that it continue. Would you add to the motion that continue the normal restriction that it not be used as a habitable dwelling and/or for sleeping. MR. DINIZIO: Certainly, I'll second it. MR. CHAIRMAN: All in favor? BOARD MEMBERS: Aye. MR. CHAIRMAN: Merry Christmas. THOMAS THOMPSON: One question. What kind did you say electric was ( ). Of course its going to have electric. As far as heating upstairs you say electric heat is ( ). MEMBER DINIZIO: No, heating is fine. MR. CHAIRMAN: No, we said electric and heating. Page 7 - Hearing Trahscript Regular Meeting of December 7, 1994 Southold Town Board of Appeals THOMAS THOMPSON: Oh! specification. Thank you. OK. ( ) I wasn't sure what kind of 7:42 P.M. Application No. 4286 - JOEL AND MARGARET LAUBER MR. CHAIRMAN: Request for a Special Exception under Article III, Section 100-31B(13) for permission to establish Winery use for the sale of wine produced from grapes primarily grown on the existing Vineyard where the proposed Winery is to be located, to wit: 45470 Main Road, Southold, N.Y.; County Tax Map Parcel No. 1000-75-6-9.7 and 9.6 (combined total: 30 acres). I have a copy of a survey/site plan Peconic Surveyors, indicating the two acre parcel where the Winery to be located and I have a copy of the Suffolk County Tax Map indicating this area. Is there somebody who this? The Lauber application. and surrounding properties in the would like to be heard concerning BOARD CLERK KOWALSKI: Mr. Lauber is here. MR. CHAIRMAN: How are you tonight, Sir? JOSEPH FRISTACHI: I'm Joseph Fristachi. I sent a letter in opposing to the fact that it was not safe for us and children and grandchildren to have a not as much as the winery but details to winery plus the possibility to have a retail store to sell wine right next to our property in the back where we felt it was safe for us to APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 November 16, 1994 Mr. and Mrs. Thomas Thompson 2890 Bridge Lane Cutehogue, NY 11935 Re: Appeal No. 4284 - Variance for Garage Location Dear Mr. and Mrs. Thompson: Please find enclosed a copy of the Legal Notice published by our office in the Long Island Traveler-Watchman, Inc. and Suffolk Times newspapers, which shows that the hearing is being held on Wednesday, December 7, 1994 at the Southold Town Hall at the time noted therein. Also, you will find enclosed a Poster Notice which must be placed by you, either on a stake and located in the front yard (road side) of your property, or placed on the front of your dwelling structure where it can be easily seen from the road. The poster must be conspicuously located at thi.~ time since the Beard Members are planning to visit your area within the next several days. Please complete the attached Confirmation of Posting, sign, and return it to our office for our update and permanent file. Very truly yours, l.lnda Kowalski, Clerk Board of Appeals Enclosures · Board Member(s) have inquired as to the distance from the proposed garage location to your front property line, which may be furnished at the hearing on December 7th. BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of THOMAS and ELIZABETH THOMPSON CONFIRMATION OF POSTING I, , residing at I, , being duly sworn, depose and say: That on the day of November, 1994, I personally posted the property known as "2890 Bridge Lane, Cutchogue, NY" by placing the Town's official poster notice on facing the road side of the property, and that the poster has remained in place at least seven days prior to the date of the first public hearing. Dated: November , 1994. (signature) 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. O.WNER(S) OF RFCORD: + DATE OF PUBLIC HEARING: :DEC. "7, qqH 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 /!NOTICE OF PUBLIC NOTICE IS HEREBY VEN, pursuant to S6ct.ion 7 of the Town Law'and the ,de o f th~ TOwn '6f S°nthold, tt the following public hear- gs will be held by the ldT w f - als at the_Southold Town fl, 53095 Main Road, uthold, New York 11971, on D DAY R 1994. commencing at the acs specified below: 1. 7:35 p.m. Appl. No. 84- THOMAS & ELIZA- ~TH I:HO~I$~I. Request r a Variance under Article III, ,ction 100-33 for permission/' locate an accessory garage 41ding in the southerly side rd area, rather than the re- :ired rear yard, at premises ~own as 2890 Bridge Lane, ~tchogue, NY; County Tax ap Parcel No. 1000-85-2-22. ~e subject premises is a sub- andard parcel in this A-C gricultural Conservation ~ne District containing ap- 'oximately 41,585 sq. fi. in .tal lot area. (Setback from -operty lines, when located in yard area other than a rear ~rd, shall be determined by the oard of Appeals.) 2. 7:40 p.m. Appl. No 4286- )EL AND MARGARET AUBER. Request for a Spe-~ al Except!on under Article I, Section 100-31B(13) fo~ ~rinission to establish Winery se f6r the sale of wine pro- ~.ced. from grape~' primarily coven on the existing Vineyard fhere the proposed Winery is ) be located, to wit: 45470 {ain Road, Southold, NY; lounty Tax Map Parcel NQ. 000-75-6-9.7 and 9.6 (com- ined total: 30 acres). 3.7:45 p.m. Appl. NO 4283- ;AIL DESSIMOZ and ~IICHAEL RACZ. Request x Variances under Article III, ection 100-32 and Section 00-33C based upon the Oc- >bet 21~'1994 Notice of Dis- 0 p~/,6~al: issued b,y th~ ag Inspector for permission to: 1) change lot line resulting in reduction in the existing lot vidth on the westerly lot from .08.14 feet to 125 feet (Code) equirement is 175 feet in this :-80 Residential Zone Dis- 5ct), and (2) if the lot width · ,ductinn is annroved tn I~cate theft of the ex- isting single-f~ dwelling. Location of Pro'~rty: Private right-of-way known as Hallock Lane and Private Road #10, which extends offthe north side of Sound Avenue,' Mattituck, NY (over and along lands of Charles Simmons and Edward Harbes); County Tax Map Par-/ eels No. 1000-112-1-3 and 4. 4. 7:50 p.m. Appl. No. 4285- ELBERT E.'LUCE, JR. Request for a Variance under Article III, Section 100-33 and Section 100-32, based upon two separate November 7, 1994 Notices of Disapproval issued by the Building Inspec- tor for permission to construct accessory storage building (shed) in an area other than the' required rear yard, and deck addition m dwelling, as built, which has an insufficient rear yard setback. Location of Prop- erty: Private Right-of-way ex- tending 332.51 feet offthe east- erly side of Youngs Road, . (House #944), Orient, NY;/' County Tax Map Parcel NoE 1000-18-2-14. Subject pre- mises contains a total lot area of 21,188 sq. ft. and iS located in an R-80 Residential Zone District. - 5. 8:05 p.m. (Reconvened for continuation) Appl. No. 4257 OSPREY DOMINION \~a CO. and FREDERICK/' KOEHLER, JR. This is an ap: plication requesting a Special Exception for.approval of a new winery establishmen, t in two existing farm buildings for the production and sale of wine produced from grapes prima- rily grown on the Vineyard and Winery Establishment pro- posed at 44075 Main Road (State Route 25), Pec0nic, NY: County Tax Map Parcel No. 1000-75-I-20. The entire pre- mises contains 50:8 acres 1o- · cated in the Agricultural-Con- servation (A-C) Zone District. 6. 8:10 p.m: Appeal No. 4282- CURT W. MEYHOEFER/JOHN and DOREEN MAZZAFERRO..;A}~ Request for a Variance under Article 11I, Section 100-32 for approval of deck, as built, with a setback at less than the re- quired fifteen (15) fl~ setback from the northerly side prop- erty line, at premises known as 43475 Main Road, Peconic, NY: County Tax Map Parcel COUNTY OF SUFFOI,K STATE OF NEW YORK SS: I'atr'icia Wood, being duly sworn, says that she is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for ...................... ~ ....... weeks suc~g~ively, commencing on the ..~ ....... day of .~/. ~..' .' .' .' .' .' .' .' .'F~. ~.~. ........ '" , S~wo~[n to before me on this of .......... ........ , The Board of Appeals will at said time and place hear any and all p~rsons or representa- tives, desiring to be heard in the above matters. Written corn- ments may also be submitted prior m the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review any of the above flies or would like to request more information; please do not hesi- tate to call 765~ 1809 or visit our office. Dated: November 16,1994 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P, GOEHRINGER, CHAIR- MAN By: Linda Kowalski 1 X-11124104(15~ Notary Public BARBARA k SCHNEIDER NOTARY PUDLIC, State of New York No. 4806846 Qualified in Suffolk ~ Commissio.~ Expires ~>/~q~ NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of ~hc Town Law and the Code of the Town of Southold. Ihat the fallowing pubfic hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS al ~be Soulhold Town Hail, 53095 Main Road, Southold, New York 11971, on WEDNESDAy, DECEMBER 7, 1994, commencing the limes specified below: I. 7:35 p.m. Appl. No. 4284 -- THOMAS and ELIZABETll THOMPSON. Request for a Variance under Article Ill, Section 100-33 for permission to locate an accessory garage building in the southerly side yard area, rather than the required rear yard. at premises known as 2890 Bridge Lane, Cutchogue, N.Y; County Tax Map Parcel No. 1000-85-2-22. The subject premises is a substandard parcel in this A-C Agricultural Conservation Zone Dislrict con~aining approximalely 41,585 sq. ft. in tolal area. (Setback from property lines, when located in a yard area tuber Iben a rear yard, shall be determined by the Board of Appeals.) 2. 7:40 p.m. Appl. No. 4286 -- JOEl, and MARGARET LAUBER. Request for a Special Exception under Arricle ltl, Section 100-31 B(I 3) for p~rmisslon ~o establish Winery Use for the sale of wine produced from grapes primarily grown on the existing Vineyard where Ibe proposed Winery is to be located, to wit: 45470 Main Road, Southold, N,Y.; County Tax Map Parcel No. 1000-75-6-9.7 and 9.6 (combined lotal: 30 acres). 3. 7:45 p.m. Appl. No. 4283 -- GAlL DESSlMOZ and MICHAEL RACZ. Request for Variances under Article Ill, Section 100-32 and Section 100-33C, based upon the Oclober 21, 1994 Notice of Disapproval issued by the Building Inspector for permission to: (I) change lot resulling in a reduc- tion in ~he existing lot width on the westerly lot from 208.14 feet to feet (Code requirement is 175 feet in this R-80 Rcsidemial Zone District), and (2) if thc lot width reduc0on is approved, to locate accessory pool in the new side yard area to Ibc west of the existing single-family dwelling. Location of Property: Private righl-of- way known as tlalloclc Mane and Private Road gl0, which extends off the north side of Sound Avenue, Matd- tuck, NY (over and along lands of Charles Simmons and Edwards Harbes); Coun~ Tax Map Parcels No. 1000-112-1-3 and 4. 4. 7:50 p.m. Appl. No. 4285 -- ELBERT E. LUCE, JR, Request for a Variance under Article Ill, Section 100-33 and 8ecdon 100-32, based upon two separate November 7, 1994 Notices of Disapproval issued by the Building lnspeclor for permission Io construct accessory storage building (shed) in an area o;her ;han the re- quired rear yard, and deck addition dwelling, as built, which has an in- sufficient rear yard setback. Location of Property: Private Right-of-way ex- tending 332.51 feet off Ihe easlerly side of Youngs Road, (House 8944), Orient, N.Y.; County Tax Map Parcel No. 1000-18.2-14. Subject premises contains a total Im area of 21,188 sq. fL and is located in an R-80 Residen- tial Zone Districl. 5. 8:05 p.m. (Reconvened for con- tinuation) Appl. No. 4257 -- OS- PREY DOMINION CO. and FRED- ERICK KOEHLER, JR. This is an application requesting a Special Exception for approval of a new win- cry establishment in two existing farm buildings for the produclion and sale of wine produced from grapes primari- ly grown on lhe Vineyard and Winery Establishment proposed at ,~075 Main Road (State Rome 25), Peconic, N.Y.; County Tax map .Paree No. 1000-75- 1-20. Thc entire premises contains 50.8 acres located in the Agrlcul~ural- Conservation (A-C) Zone DistricL 6. 8:10 p.m. Appeal No. 4282 -- CURT W. MEYItOEFER/JOHN and DOREEN MAZZAFERRO. Request for a Variance under Article ~II,.Section 100-32 for approval of STATE OF N~ YORK) ) SS: COUNTY OF SUFFOLK ) ~'~/~~¢~ of Matfltuck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southuld, County of Suffolk and State of New York, and that the Notice of which the annexed Is a printed copy, has been regularly published in said Newspaper once each week for~.ff___ weeks s~esflvely, commeffl~qng on the ~ day of CHRISTINA VOLINSKI Notary Public, State of New York p..~ ....... No 5004884 rsUapm Marx Oua,f ed i. Sane k Count Commission Expires Nove~ ~o~ ~biic Sworn t~ day of ~j~_..L~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Appeal No. 4284 Project/Applicants: County Tax Map No. Location of Project: BOARD OF APPEALS TOWN OF SOUTHOLD November 9, S.E.Q.R.A. TYPE II ACTION DECLARATION Thomas & Elizabeth Thompson 1000- 85-2-22 2890 Bridge Lane, Cutchogue, NY 1994 Relief Requested/Jurisdiction Before This Board in this Project: Construct garage in front yard area This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, $outhold, 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. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk November 9, 1994 ZONING APPEAL APPL. NO. 4284 - THOMAS & ELIZABETH THOMPSON Transmitted herewith is Zoning Appeal Appl No. 4284 - THOMAS & ELIZABETH THOMPSON together with the Notice of Disapproval from the Building Department, the Notices to Adjacent Property Owners, the Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire and a copy of the Survey Map. Judith T. Terry Southold Town Clerk PROJECTI.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ~ART I--PROJECT INFORMATION (To be completed by AI3plicant or Project sponsor) SEQR 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LANO AFFECTED: Initially acres U]Umately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? WHATHAT~IRESENT LAND USE ,N VICINITY OF PROJECT? ~'~esi~entlal [] ,ndustria, [] Commercial [] Agr*cu,ture [] Part, Forest/Open s;~ac, [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL ~TATE OR LOCAL)? I CERTI~¢ THAT THE iNFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the ] Coastal Assessment Form before proceeding with this assessment OVER 1 .(Continued on revel'se side The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board · before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FO~M I_NSTRUCTIONS: (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 :~ 2. Will there be a major change to any unique or unusual land form on the site? Yes 3. Will project alter or have a large effect on a~ existing body of water? Yes ~ 4. Will project have a potentially large impact on groundwater quality? Yes 5. Will project significantly effect drainage flow on adjacent sites? .___Yes 6. Will project affect any threatened or endangered plant or animal species? Yes 7. Will project result in a major adverse effect on air quality? ___Yes _~o 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 ~ommunity? Yes ~ 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologi=a~ importance or any site designated as a critical envircamental area by a local agency? Yes ~ 10. Will project have a m~jor effect on existing or future recreational opportunities? Yes ~No 11. Will project result in major traffic problems or cause a major effect to existing transportation · systems? ' ~Yes 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes ~ 13.Will project have any impact on public health or safety? ___Yes 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 period or have a major negative effect on the ~ charact~ of the community or neighborhood? Is there public controversy concerning the . Yes 15. , project? ZRA g/g5 ' QUESTIC~;AIRE FOR FILII~G WITH YOUR Z.B.A. APPLICATION '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: ~,~arate %he~%~ayl.b~ ~tt~q~ched.) B. Is the subject premises listed on the real estate market for sale - .. o~being shown to prospective buyers? { } Yes "cond~m~n~,, of C. Are there ~nSrlTruposals tm =hanga~r alter land { } Yes D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map sLLbmi~=ed with this application? 3. Is the property bulkhea=ed between the wetlands area and the upland building area? ~ o 4. ' If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which ew~ and are not ~hu~-n ~n the survey map that yOU submitting? .~ If none exist, please state "none." · G. Do you have any construction taking place at this time concerning your premises? ~ If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner alsd own other land close to this parcel? ~%% If yes, please explain where or submit copies of deeds. ' I. Please list %presen% use or opeyations parcel proposed Use conducted at this and 3/87, 10/901k § 97-13 WETLANDS § 9%13 TOWN ~ The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Sou:hold. [Added 6-5-~4 by L.L. No. 6-1954] Vv-KTL.~.NDS [Amended 8-26-76 by L.L...No. 2-!976; 3-2~- 85 by [,,T, A. IIDAL WETLANDS: (I) All lands generally covered or intermitten:ly cov- ered with, or which border on. tidal waU~rs, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks, bogs. salt marsh, swamps, meadows, fiats or other Iow lying lands subject to tidal action; (2) AIl banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, t~l! c~rdgrass, high bush, cattails, groumiseL marshm~)low and law (3) AIl land immediately adjacent to a tidal wetiand aa defined in Subsection A(21 and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER W'ETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1, § 24-0107. Subdivisions l(a) to l(d) inclusive.' of the Environmental Conservation Law of tho State of New York; and (2) All land immediateh, adjacent to a "freshwater wet nd. as defined in Subsection B(1) and lying with. m seventy-five (75) feet ta,dward of the most land- ward edge of a "freshwa:,~r wetland." 9705 Z ~.~ I / © COUN. o~ SUn I -.-~ ~'~,ool Prol~erty Tax Servi ' .* JUmT. T. TERRY, TOWN CCEm( RECEIPT Town of Southold Southold, New Yo~ 11971 Phone: 516-765-1801 DATE FOR: /~- ~ J 0 U ' BOARD OF APPEALS, TOWN OF SOUTHOLD to the Board of Appeals of the Town of So'thalhimers.: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~!ntention of the undersigned to petition the Board of Appeals of the Town of Southnld to request a.~aria~Special Exception) (~pecial Perm~it) . (Other) [circle choice] · ~o_ c~7rt~c~co~ ~. ~~ . ~. ). ' 2. Th~ ' ~ (/ ~/~ ' ~ the property which is the subject of the Petition is located adi~cent to your property and is des- cribed as follows: ' 3. That the property which~t.~iect of such Petition is located in the following zoning district: 4 ]hat h~ such Pelithm, the unde~gned, will request the~ollowing relief: 5. That the provisions of the Southold Town Zo.ning Code applicable to the relief sought by the 'under- signed ~lre Article ~ Section I O O ~' ,'~ _~ ' [ ] Section 280-A, blew Yorli 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. (5].6) ?~5-].809. 7.'That hefure the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-MattJtuck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have :he right to appetr a~d be heard at such hearing. Dated: Petitionerowners,Names :--~ f ~'~ ~ P~t Office Address~ ~ · ,Tel- No. ( t()q3N.3 o [Copy of sketch purposes.] or plan showing proposal to be attached for convenience NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Z 760 492 111 ,~,.'~'~e~i .pt for Certifmd Mail No insurance Coverage Provided .~ Do not use for International Mail {See Reverse) ~tr~etandNlo ~ ~[ ~ ~ Ce~ified Fee / ~ Fee 6 STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: ~-~L~'~ . being duly sworn', deposes and s;Klt's that on thc ~ day of ~ , ]9 '9~ , deponent mailed a true copy of ~hc No[ice se~ forth on the re- verse side hereof, direczed [o each of ~he above-named persons at thc addresses set opposite their r~pcc[ivc names; that the addresses set opposite thc names of said persons are the addresses of said persons as shown on the curren~ent roll of the Town of Southold; that said Notices were mailed at the united States Post Of- rice at ~ ~% q~ ; that said Notices were mailed TO each of said persons by (certified} (rcg stere~ m~ . . ' Sworn to ~fore me this ~ '' JUNEANN O ~ No ,.~mm of New y~ _ .4~i037 (This side does not have to be completed on form transmitted to adjoining property owners.)