Loading...
HomeMy WebLinkAbout4268APPEALS 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 FINDINGS AND DETERMINATION Appl. No. 4268: EDWARD AND EVELYN HALPERT. Variance from Article IIIA, Section 100-30A.2C(1) [ref. Section 100-31C(4-b) and 100-33C), based upon the Notice of Disapproval (as updated August 10, 1994) for permission to locate tennis court structure with 10 ft. h/gh fencing with insufficient setbacks when located in the front yard, and with fencing exceeding the four-ft, height restriction under Article XXIII, Section 100-231A. Location of P~operty: 2125 Town Harbor Lane, Southold, NY; County Tax Map Parcel No. 1000-66-1-31. WHEREAS, after due notice, a public hearing was held on Octo- ber 5, 1994, at which time pereons who desired to be heard were heard and their testimony recorded (no opposition was roceived); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally familiar with the premises in question, its present surreunding areas; and viewed and are zoning, and the WHEREAS, the Beard made the following Findings of Fact: 1. By this application, appellant requests approval of the placement of a fence located within and along the front yard areas at a total height of ten (10) feet, to encempass a proposed 60 ft. by 120 ft. tennis court, which will be located partly in the side yard and partly in the front yard, and then extending into part of the rear yard. 2. A copy of a survey map dated January 27, 1992 has been submitted with this application which shows the following improve- ments: (a) one-story, single-family dwelling with screened-in porch, all situated at the northerly one-half of the premises; (b) accessory garage building located in the rear yard; (c) accessory beach cabana building; (d) brick barbecue, steps to the beach and bulkhead along the southerly side property line forward of the mean high water mark. Page 2 - Appeal No. 4268 Matter of EDWARD AND EVELYN HALPERT Decision Rendered October 5, 1994 3. Article XXIII, Section 100-231 of the Zoning Code permits fencing for purposes of screening or property division to be situated in a front yard area at a height of four feet or less. (Fences along the side and rear yard areas are permitted at a height up to 6-1/2 feet.) Also, it is noted for the record that Section 100-33C of the Southold Town Zoning Code, applicable to aH residential zone districts, provides "...in the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code..." 4. It is the position of the Board in considering this application that: (a) the property is uniquely situated at the southerly end of Town Harbor Lane and fronts along Little Pecouic Bay at Southold; (b) the circumstances are directly related to the layout of the property and are not personal to the landowners; (c) although the relief requested is substantial in relation to the required setback locations, the tennis court will have variable setbacks between 25 feet and 14 feet, as amended by this decision and will be fully screened from view when looking from Town Harbor Lane; (d) there will not be an undesirable change in the character of the neighborhood or detriment to nearby properties since the yard area as situated is normally a permitted yard location for other lots fronting along Peconic Bay - due to the fact that they gain access from the north, rather than from the west as does the subject property; (e) the relief requested will not cause a substantial effect on available governmental facilities since the structure is a fence as a necessity to the tennis court rather than a large enclosed building; (f) the difficulty was not serf-created; (g) there is no alternative for appellants to pursue other than a variance, even in other yard locations; (h) in considering all the above factors, the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, be adverse to neighboring properties, or alter the essential character of the neighborhood since other (natural) screening at heights above four feet near the Page 3 - Appeal No. 4268 Matter of EDWARD AND EVELYN ltALPERT Decision Rendered October 5, 1994 tennis court angle which faces the road will be n~intained at all times during the time the tennis court exists. ACCORDINGLY, on motion by Member Wilton, seconded by Member Doyen, it was RESOLVED, to DENY the relief requested for a setback of 12 feet from the front property line, and BE IT FURTHER RESOLVED, to GRANT a variance to locate tennis court with 10 ft. high fencing partly in a front yard and side yard area, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Setback of tennis court shall be not less than 14 feet at its closest point to the front property line and not less than 12 feet from the northerly side property line; 2. Screening must be planted and continuously maintained in good condition with 4-5 ft. high evergreens, six to eight feet apart, for the entire width of the tennis court along the road side; 3. No lighting for the tennis court, as proposed, and pursuant to Section 100-31C(4-b) of the Zoning Code. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Wilton, Villa and Goehringev. This resolution was duly adopted. /GtRARD P. GOEI~INGER,y~CHAIRMAN RECEIVED AND FILE BY T~ SOU~O~ TO~ CL~K 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, Southold, New York 11971, on WEDNESDAY~ OCTOBER 5, 1994~ commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4255 ROBERT S. SEARLE. (Continuation of Hearing held August 11, 1994). This is a request for a Variance under Article III, Section 100-32 of the Southold Town Zoning Ordinance, based upon the July 12, 1994 Notice of Disapproval from the Bui]dlng Inspector, for permission to construct new single-femily dwelling and deck at a reduced setback from the front property line along Private Road off East End Read, Fishers Island, NY; County Tax Map Parcel ID No. 1000-7-2-8. The subject promises contains a total lot area of approximately 3.16 acres with frontage along two private roads, one located at the north end and the other at the south end of this parcel. The Zone District is R-120 Residential which requires a minimum front yard setback of 60 feet. Page 2 - Legal Notice Regular Meeting of October 5, 1994 Southold Town Board of Appeals 2. 7:35 p.m. Appl. No. 4268 - EDWARD AND EVELYN HALPERT. Variance from Article IIIA, Section 100-30A.2C(1) (ref. Section 100-31C(4-b) and 100-33C}, based upon the Notice of Disapproval (as updated August 10, 1994) for permission to locate tennis court structure with 10 ft. high fencing with insufficient setbacks when located in the front yard, and with fencing exceeding the four-ft, height restriction under Article XXIII, Section 100-231A. Location of Property: 2125 Town Harbor Lane, Southold, NY; County Tax Map Parcel No. 1000-66-1-31. 3. 7:40 p.m. Appl. No. 4269 - FREDERICK RAYMES. Variance from Article IliA, Section 100-30A.4 (ref. 100-33) based upon the August 2, 1994 Notice of Disapproval for approval of accessory shed building, as exists in the northerly side yard area. Location of Property: 704 Wiggins Lane (with frontage along canal of Gull Pond Inlet), Greenport, NY; County Tax Map Parcel No. 1000-35-4-19. The subject promises contains a total lot area of 14,316 sq. ft. {Setback of building when located in an area other than a permitted yard must be determined by the Board of Appeals.} 4. 7:45 p.m. Appl. No. 4270 EILEEN FARRELL. Variance based upon the August 22, 1994 Notice of Disapproval from the Building Inspector wheroin applicant .roquested a buiiding permit to construct addition and alteration to a nonconforming building with a nonconforming use, and which permit was disapproved under Article Page 3 - Legal Notice~ Regular Meeting of October 5, 1994 Southold Town Board of Appeals XXIV, Section 100-243 of the Zoning Code which does not permit enlargement, reconstruction, structural alterations or movement unless the use of such building is changed to a conforming use. The subject premi-~es contains a total lot area of 28,710+- sq. ft. an~ contains the following nonconformities: more than-one single-family dwelling on a substandard lot; nonconforming easteriy side yard. The foliowing expansion is proposed: new addition which will increase the floor area, and proposed deck addition. Location of Property: 760 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-145-2-7; also shown on the Map of Dudley Park filed September 17, 1928 as Lot 3. 5. 7:50 p.m. Appl. No. 4271 - JEAN and LOUIS WALTERS~ JR. Variance based upon the September 13, 1994 Notice of Disapproval from the Building Inspector wherein applicants applied for a building permit for an accessory deck, as exists around swlmmingpool structure, with an insufficient southerly side yard setback. Location of Property: 1450 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-55-6-22. 6. 8:00 p.m. Appl. No. 4273 - RUSS L'HOMMEDIEU (as tenant and resident). Variance based upon the August 25, 1994 Notice of Disapproval from the Building Inspector wherein applicant applied for a building permit to alter an existing one-family dwelling with an expanded home occupation carried on in an area exceeding 500 sq. ft. Page 4 - Legal Notiea~ Regular Meeting of October 5, 1994 Southold Town Board of Appeals of floor area. The subject premises contains a lot area of 30,625+- sq. ft. and is improved with a single fami{y dwelling, occupied by the applicant's home office. Location of Property: 1450 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-75-2-3.1. The Board of Appeals will at said time and place hear 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: September 19, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By l,lnda Kowalski X TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To Edward & Evelyn Halbert 2125 Town Harbor Lane- Box 1956 Southold, New York 11971 Date... November 10o 19 ~. PLEASE TAKE NOTICE that your application dated .... for permit to CONSTRUCT A TENNIS COURT WITH l0 FT. FENCE Location of Property 2125 TOWN HARBOR LANE SoLrrHOLI) m,,., v,,,, Street Ham/et County Tax Map No. 1000 Section ....6.6. ........ Block ... J .......... Lot ... 31 ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds . ....U~I)..E.R..As3..T.I.C.I~.' .III. 6 ......... SECTION 100-30~.2 C (1), SECTION 100-31C ..4.. ..................... ( ) (b), SECTION 100-33C. PROPOSED . · ENNIS COURT NILL..H~..YE. I.N.S.u.~?.Z.C. IE.N~.. FRON~ YARD SET EAC]~S FOE THIS ])ISTRXCT AND UNDER ARTICLE Hill SECTION 100-231~FENCE CANNOT EXCEED 4 FT. IN HEIGHT IN .FAo?. ARu SECTION REQUIHEI) BY -r~/~ ZONING BOARD OF APPEALS Bffildi~ Inspector' ' ' TH~ J. FISHER RV 1/80 ~RECEIVED Southold Town Clerk TOWN OF SOUTHOLD, NEVV YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE ....................... .... . .. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,. (we) ................................................................ Name of Appellant Street and Number ...~.~.~.~ ............................................................................. ~.~...~.~...HEREBY APPEL To MunicipaliW State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit ..................... ........ ................................... g..z, ................... Street and Number f~Aunicipality State ( t~ PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) l. LOCATION OF THE PROPERTY .................... District lO00 Section ~,~ Block I Lot 31 ......................................................... ."_.. ~urreng uwner Mop 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 3Z['/~ Section le~' 3. ~PE OF APPEAL Appeal is mode herewith for (please check appropriate box) ( ~ A VARIANCE to the ~ning Ordi~nce or Zoning Map ( ) A VARIANCE due to lack of access (State of New York T~n Law Chap. 62 Cons. L~s Art. 16 Sec. 280A Subsection 3 ( ) PREVIOUS APPEAL A previous appeal (has) (has not)l been made with 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 280A Subsection 3 A Variance to the Zoning Ordinance ( ) is requested for the reason that '~ bOOULb 1-41<1: ~ '~JtLb A T&-~d,t ' C~)~. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD CHARACTER OF THE Dlxl h~ICT because NOT CHANGE THE STATE OF NEW YORK) COUNTY OF .,'<'L//~?~,~:~' ) ] ..... ] ............... Sworn to this /7~ day of .~.. ~/~'~ 19~ Notary Pubh~ OWNER , ' · ~ STREET i '~-"!. ii VILLAGE FORMER OWNF..R. . ~fuSqr4~N \'~' '~ /'~' //. E l/ 1 / ./, ' : . ." Is ~. , win',.' L. : ~,-','~n(-¢¢ ~'lx-mb,,'~ I ~..5..', ¢~ ~'A',', r/",,'~"¢xf.- ~__.~/ TOWN O1:: $OUTHOLD ~OPERTY RECORD CARD ,.':-' AGE NEW Farm 'Tillabie 1 Tillable 2 Tillable 3 i Woodland Swampland Brushland House Plot IMP. SEAS. VL FX~ DATE TOTAL NORMAL BELOW Acre Value Per Acre Value cOMM. IND. DISTRICT SUB. ~CR~GE I/, TYPE OF BUILDING CB. J MISC. REMARKS LOT /ri Basement ~ Floors Ext. Wolls ,/(~/~,~. Interior Finish Fire Place ~ Heo+ / ~ ~]~:~F~ ~orch Attic Porch Rooms ]st Floor Patio Rooms 2nd Floor Driveway /Zc,_ Edward Halpert Box I 156 $outhold, NY I 1971 Town Harbor Terrace Box 950 Southold, NY 11971 September 3, 1994 Dear Mr. Halpert, t have received a "notice to adjacent property owner" dated 8/16/94 and accompanying surveyer drawing dated 1/27/92 both relating to a tennis court proposed for your property on Town Harbor Lane, Southold. I have carfully reviewed to drawing and the requested variance and hereby confirm that I have no objections to the proposed tennis court as described. S~lncerely, ~ David Fisher Executor for the estate of Florence Fisher Note: I became the executor for the estate of Florence Fisher upon her death in April, 1994. H. John Fisher predeceased her in 1962. September 22~1q9!! 3~ ~irst Ave. New York, N. Y. 10010 Mr. and l~rs. Edward Halpert Box 19~6 Southold, N. Y. 119711 meat ~v~e and Ed, With resoect to the variance tti~t you are seeking in order to constr~ct a tennis court, I have looked a~ the plans they are acceptable a~ me. V~i~~ t ~ul~our S~.-~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Rober{ 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 October 19, 1994 Mr. & Mrs. Edward Halpert P.O. Box 1956 Southold, N.Y. 11971-1956 Re: Appl. No. 4268 - Variance for Tennis Court with Fencing Dear Mr. & Mrs. Halpert: 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 prejeets 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. This copy is for your update and recordkeeping. Very truly yours, l,inda Kowalski, Clerk Beard of Appeals Enclosure DEPARTMENT OF PLANNING ~COUNTY OF SUFFOLK ROBERT J, GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES. A.I.C.P. DIRECTOR OF PLANNING October 17, 1994 Town of $outhold 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) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) ~earle, Robert S. Halpert, Edward & Evelyn Farrell, Eileen 4255 4268 4270 Very truly yours, Stephen M. Jones Director of Planning GGN:mb $/s Gerald G. Newman Chief Planner 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 Pursuant to Article XIV of the Suffolk County Ac~ainistrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning C~u,ission: X __ Variance from the Zoning Code, ArticlelIIA , SectionlOO-3OA.2(C)(1), Sec. 100-31C(4) (b).100-33C __ Variance from Determination of Southold Town Building Inspector Special Exception, Article · Section ~Special Permit Appeal No:4268 Applicant: Locatioo of Affected Land: 2125 Town County Tax Map Item No.: 1000-66_1_21 Within 500 feet of: X Edward & Evelyn Halpert Harbor Lane, Southold, N.Y. Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or __ Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport Comments: Applicant is requesting permission.to bu±id a tenn±s court with 10 ft. h±gh fe~c±ng with ±nsuffic±ent setbacks when iocated in the front yard and fencing exceeding the four ft. height restriction ~-opies of Town file and related documents enclosed for your review. Dated: October /~' , 1994 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 October 11, 1994 M~. and Mrs. Edward Halpert P.O. Box 1956 Southold, NY 11971-1956 Re: Appl. No. 4268 - Variance for Tennis Court with Fencing Dea~ Mr. and Mrs. Halpert: Enclosed please find a copy of the findings and determination rendered by the Board of Appeals following the public hearing held on October 7, 1994. Please be sure to return to the Building Inspector and any other- agency which may have jurisdiction for issuance of a permit for the tenni-~ court. We have furnished copies of this determination to the Building Department for their update concerning the November 10, 1993 Notice of Disapproval updated August 10, 1994. Also, a copy of your variance file has been transmitted to the~ Suffolk County Department of Planning due to the fact that your property falls within 500 feet of a waterway. The Suffolk County Adminiatrstive Code provides for their review and/or recommen- dations, and we will forward a copy of their response to you for your records when received by our office. Very t~ly yours, Linda Kowalski Clerk, Board of ApPeela Enclosure Copy of Decision to: Bnilding Department (Thoma.~ J. Fisher) Suffolk County Department of Planning Page 3 - Appeal No. 4268 Matter of EDWARD AND EVELYN HALPERT Decision Rendered October 5, 1994 termis court angle which faces the road will be mainl~dned at all times during the time the tennis court exists. ACCORDINGLY, on motion by Member Wilton, seconded by Member Doyen, it was RESOLVED, to DENY the relief requested for a setback of 12 feet from the front property line, and BE IT FURTHER RESOLVED, to GRANT a variance to locate tennis court with 10 ft. high fencing partly in a front yard and side yard area, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Setback of tennis court shall be not less than 14 feet at its closest point to the front property line and not less than 12 feet from the northerly side property line; 2. Screening must be planted and continuously maintained in good condition with 4-5 ft. high evergreens, six to eight feet apart, for the entire width of the tennis court along the road side; 3. No lighting for the tennis court, as proposed, and pursuant to Section 100-31C(4-b) of the Zoning Code. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Wilton, Villa and Goehringer. This resolution was duly adopted. RECEIVED AND FILED.4 ]ERARD P. GOEHRINGER;j HAIRMAN THE SOU~O~ TOWN C~.~ Town lork of Southeld R-80 . R-80 R-80 A.C SOUTHOLD / I 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 September 20, 1994 Mr. and Mrs. Edward Halpert P.O. Box 1956 Southold, NY 11971-1956 Re: Variance Application Dear Mr. and Mrs. Halpert: 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, October 5, 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 this time since the Board 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, Linda Kowalski, Clerk Board of Appeals Enclosures BOARD OF APPEALS:TOWN OF SOUTHOLD ................................... X In the Matter of the Application of EDWARD AND EVELYN HALPERT ................................... X CONFIRMATION OF POSTING I, , residing at I, , being duly sworn, depose and say: That on the day of , 199 , I personally posted the property known as "2125 Town Harbor Lane, Southold, 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 five days prior to the date of the initial public hearing. Dated: September , 1994. (signature) NOTIC 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: ~-o/~o_ra/ + ~.L~v'e/~,~ DATE OF PUBLIC HEARING: 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 durincj' normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS · TOWN OF $OUTHOLD ° (516) 765-1809 · Page 4 ~- Transcript of-Hearings O~tober 5, 1994 Regular Meeting BOARD SECRETARY KOWALSKI: letter in the file from Mr. Ham. just note it for the records. MR. CHAIRMAN: All right. dated September 16, 1994 I just like to mention that there's a It's on the front. If you will There's a letter from Stephen Ham, which encumbrances the additional information that Mr. Villa was requesting and ! ask you at this point gentlemen, do you have any objection to this application? MEMBERS: No, no. MR. VILLA: Basically stated that the elevation as shown or what he's willing or wants to live with, if that's the case I have no problem with it. MR. CHAIRMAN: All right. It would be interesting next year to go back and look at this once it's constructed. Since our Senior Member from the great state of Fishers Island is here would you like to make the motion. MEMBER DOYEN: MR. CHAIRMAN: MEMBERS: Aye. MEMBER DINIZIO: year to go there? MR. CHAIRMAN: Yes, so we'll grant it as applied for. I'll second it. All in favor? Can we somehow get an appointlnent with him next Yes. 7:35 P.M. P~: No. 4268 - EDWARD~I~D',q~qELYN HALPERT. Page 5 .- Transcript of-Hearings OS'tober 5, 1994 Regular Meeting MR. CHAIRMAN: Variance from Article IIIA, Section 100-30A.2C(1) [ref. Section 100-31C(4-b) and 100-33C), based upon the Notice of Disapproval (as updated August 10, 1994) for permission to locate tennis court structure with 10 ft. high fencing with insufficient setbacks when located in the front yard, and with fencing exceeding the four-ft, height restriction under Article XXIII, Section 100-291A. Location of Property: 2125 Town Harbor Lane, Southold; County Tax Map Parcel No. 1000-66-1-31. I have a copy of a survey which was produced by Krause Land Surveyors. It was surveyed on January 27, 1992. The nature of this application is a penned-in tennis court area, approximately 12 feet is closest point to Town Harbor Lane, approximately 12 feet in the rear and approximately 20 feet on the easterly bound and it indicates we have 60 x 120 and as the nature of the legal notice we are requesting, this gentleman is requesting a 10 foot fence or this applicant and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody that like to be heard regarding the tennis court application? Is there anybody who would like to speak either for or against this? Any questions from Board Members? MEMBER VILLA: Has there been any comments from any neighbors? Correspondence any phone calls? EDWARD HALPERT: ( ). I have letters from two near neighbors with me that I can add to the record proving .... MR. CHAIRMAN: You are Mr. Halpert? EDWARD HALPERT: I am. P~ge 6 *- Transcript of Hearings October 5, 1994 Regular Meeting MR. CHAIRMAN: All right. Is there any anticipation of any lighting for this court Mr. Halpert? EDWARD HALPERT: There is none. MR. CHIARMAN: All right. BOARD SECRETARY KOWALSKI: Do you have the letters with you, Mr. Halpert? EDWARD HALPERT: I do. BOARD SECRETARY KOWALSKI: Yes, we would like those, please. MEMBER VILLA: How accurate is this 12 foot measure, because if you look at northerly line, it says it's 144 feet and we're not very far off that line, so the angle would have to be extreme I would think. He's got a 120 foot court, you have 20 feet off the easterly line, that's 140 and 12 that's 152 feet. I don't think you pick up 8 feet in a little over 12 feet. EDWARD HALPERT: Actually, when I made this out it was earlier. I will be 15 feet off the northern line in order to preserve some trees which in turn will make that angle about 13 feet. It moves it further south, the whole business. It, it, as far as I can tell, I'll be 13 feet at the nearest corner to the property line on the eastern boarder, part western boarder. MR. CHAIRMAN: Is there any reason why you chose to crowd that line rather than the easterly line? EDWARD HALPERT: Only to preserve a nice tree that is in the far corner and a, it really will, even if I were to move as far as to the east as I could, I wouldn't benefit Herb Adlers whose house is Page 7-- Transcript of-Hearings O~ctober 5, 1994 Regular Meeting directly to the north, whereas it would be a little closer to the Fishers and a, I think it's a little compromise for them and it saves the tree. The tree would be in the north east corner. MR. CHAIRMAN: is there any anticipation of any screening along Town Harbor Road? EDWARD HALPERT: Additional trees, or --- MR. CHAIRMAN: Yes. Green, evergreen type .... EDWARD HALPERT: I took down six old large diseased hemlocks ( ) and four more trees that had really been blighted by the shade of those hemlocks and I will be putting in before the court comes in ten more trees that will be about ten foot high. There will be two spruces, arborvitae and things that will not grow up as high and that's out of consideration of Mr. Ad]er wanted more light in his house. I'm just as happy to have the trees then. MR. CHAIRMAN: I see, all right. MEMBER VILLA: Is there a reason why the court couldn't be moved a few more feet to the south, closer to your residence.? EDWARD HALPERT: It will be 15 feet on that northern line. MR. CHAIRMAN: Is this a clay court or an asphalt court? EDWARD HALPERT: No, it's a all weather court and in general the neighbors seemed very pleased because it would give them all weather court to play on. MR. CHAIRMAN: Is there anybody else would like to speak again, either for or against this application? Page 8 o- Transcript of~learings Oh~tober 5, 1994 Regular Meeting MEMBER VILLA: I still question that 12 feet on the front line but you feel it's not going to encroach anymore than 12 feet. MR. CHAIRMAN: You said 13. EDWARD HALPERT: I'll commit myself to the fact that it will not be nearer than 12 feet to the property line on the Town Harbor Lane side of the property. MR. CHAIRMAN: Any other questions gentlemen? MEMBERS: No, no. MR. CHAIRMAN: All right. Hearing no further comment I'll make a motion closing the hearing reserving decision until later. Second. All in favor? MEMBER VILLA: MR. CHAIRMAN: MEMBERS: Aye. MR. CHAIRMAN: We may have a decision for you tonight. You're welcome to call us tomorrow if you don't want to stay around Mr. Halpert. It's a pleasure meeting you, Sir and -- EDWARD HALPERT: I'm very appreciative of your ( ). I want to leave these two letters. MR. CHAIRMAN: Surely. Thank you. EDWARD HALPERT: Thank you very much. 7:40 P.M. Appl. No. 4269 - FREDERICK RAYMES. ~oY~c~ ts ~v ~, pu~ followia~ public ~ will ~ he~ by ~ il t~ Sou~o d TOWn Hall -Main R~d, S&U~old~ N~w York comme~l~ at ~ ti~s ~ified ~/;I'A'I'E 01" COUNTY OF SUI~ ) SS: ) ~of Ma~c~ in ~d ~, ~ d~y ~om, m~ ~M he/~e ~ PHndpM Clerk of THE S~ TIM~, a W~My Newsp~r, publi~ed at Ma~m~, in ~e To~ of ~uthold, ~ of S~olk ~d State of New Yo~, and that ~e Notice of which ~e ~nexed is a pflnted ~py, h~ ~en ~ly publ~h~ ~ ~d Newspaper once each week for ~ wee~ ~c~vely, comme~[ on ~e ~ day of 5.~. 7t Gull Pond Inlet), Gree~po~, NY: County' Tax Map p~rce! No. 1000-35-4-19. ~ permit for an ,cces~ory deck, as exists 8~0~2- ITS2: /~7 NY; COUnt~ Tax Map Panel ID No. t000: 4~ ~:45 p.m. AppL NO.' 4270 - F.!LEEN 7-2-~. The subject p~mlses contain~ a total ~rea of approximately 3.16 acres with' ~RRELL. Variance b~d upon t~ Au fto~ ·long two I~vate rm~ds, on~ Iocnt- ~ 22, 1994 No6ce of Di~p?oval .from mum float y~d setback of 60 feet.- ' ' ' · ' '-- A~i nm o~ N~w Yo~ Ptindpnl Clerk whi~a I~'mlt was di~ppr°ven -u~- '--' upen i~ No6ce o f Dis~pl~ovnl (as updnlm$ il clmnge to · eonfonuln~ use. ~ae subj~ ,,,n.is,,~,,,,.,=,,,,'.,,,i~ lO ~.n,~ re'. : p,'e~,,e, eo,..i.. · ,o.,l lo, .,.,,, of ~n~ w~lh insufficient ~etbach when located - ? . 28,710'~ sq. ft. and coat,ns the following NO~II~t Public in the front yard and with fencing exc~. -' nonconformities: more titan One ~ingin- lng the four-ft, height restriction an(tee i family dwelling on a ~ul~tnnda~d Ira; non, · -~= 100-231A. Loclli~ ~ c°nf°rmingeastedysideysrd'Thef°'H-°'W")r~ me I~ ' :so.thad. ~, c~t~ X.~ ~ ~ po.nd ,~g ~a,~. ~:tion ot HOTICE IS HEREBY GIVEH, pur- smmt to Secfio~26~of-~J~pwa L~w and thc 3. 7:~]p~m~: Appl. No. 4269 - ~of Mattituck, in asid County, being duly ~wom, my~ llmt he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Maltimck, in the Town of Southold, County of Suffolk and S~ate of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in ~aid Newspaper once each week for ] weeks ~e~veiy, comme~)~l on the ~ day of OlltlSTINA VOUNSIG I~lle, Stme of NewYodt Prindlml Clerk 6004884 ~,~ I Notary Public day of i PUBLIC HEARINGS NOTICE HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code and 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, Southold-, New York 11971, on WEDNESDAY, OCTOBER 5, 1994, commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4255- ROBERT S. SEARLE. (Continuation of Hearing held August 11, 1994). This is a request for a Variance under Article III, Sectio~.~7'; 100-32 of the Southold Town Zoning Ordinanced based upon the July 12, 1994 Notice of Disapproval from the Building Inspector, for permission to construct new single-family dwelling and deck at a reduced setback from the front property line along Private Road off East End Road, Fishers Island, NY; County Tax Map Parcel ID No. 1000-7-2-8. The sub- ject premises contains a total iol area' of approximately 3.16 acres with frontage along two private roads, one 1,,,-~ted at the north end and the other at the south end of this parcel. The Zone Distri.ct.,.q is e,-,,.0 Residential which quires a minimum front Yard setback of 60 feet. 2. 7:35 .p.m. Appl. No 4268- EDWARD AND EVELYN HALPERT. Variance from Article IHA, Section 100-30A.2C(1) (ref. Section 100-31C(4-b) and 100-33C), based upon the Notice of Disapproval (as updated August 10, 1994) for permission to locate tennis court structure with 10 ft. high fencing with insufficient setbacks when located in the ~_front yard, and with fencing ~ ~ceeding the four-foot ~height restriction under Ar- Iticle XXIII, Section ii00~231A. Location of Pro-./ :P,~rty: 2125 Town Harbor _.~I~afi:e, Southold, NY; Coun- ty Tax Map Parcel No. ---1000z~6-1-31. 3. 7:40 p.m. Appl. No 4269- FREDERICK. RAYMES. Variance from Article IliA, Section 100-30A.4 (ref. 100-3~as- ed upon the August W94 Notice of DisapprovaT'~for approval of accessory shed · .building, as exists in the nor- ':ttherly side yard areal Locaz ~ tion of Property: 7,04 Wig- gins Lane (with frontage alorig canal of Gull Pond In- let), Greenport, NY; County Tax Map Parcel No. 1000-35-4-19. The subje~J/'l premises contains a total lot area of 14,316 sq. ft. (Setback of buildifig when located in an area other than a permit- ted Yard must be determined by the Board of Appeals). 4. 7:45 p.m. 3sppl. No. 4270- EILEEN FARRELL. Variance based upon the August 22, 1994 Notice of Disapproval from the Building Inspector wherein applicant requested a building permit to construct addition and alteration to a ' nonconforming building with a nonconforming use, and which permit was disap- proved under Article XXIV, Section 100-243 of the Zon>.-i ing Code which does ntt permit enlargement reconstruction, structural alterations or movement unless the use of such building is changed to a con- forming use. The subject premises contains a total lot area of 28,710+ sq. ft. and contains the following non- conformities: more ~han on6 single-family dwelling on a substandard lot; nonconfor- ming easterly Side yard. The following expansion is pro- posed: new addition, which will increase the floor area, and proposed deck addition. Location of Property: 760 Great Peconic Bay./' Boulevard, Laurel, County Tax Map Parcel No. 1000-145-2-7; also shown on the Map of Dudley Park fil- ed September 17, 1928 as Lot 3. 5. 7:~0 p.m. Appl. No. 4271-. JEAN and LOUIS WALTERS, JR. Variance based upon the September 13, 1994 Notice of Disap- ~ provai from the Building In- spector wherein applicants applied for a building permit for an accessory deck, as ex- ists around swimmingpool structure, with an insuffi-. cient southerly side yard set- back. Location of Property: /bt 1450 Boisseau Avenue~,/ Southold, NY; County 2~tx Map Parcel No. 1000-55-6-22.~ · 6.' 8:00 ,p.m. Appl. No. 4273 RUSS L'HOM- MEDIEU (as tenant and resident). Variance based upo,n the August 25, 1994 Notice of Disapproval from the Building Inspector wherein apph.'cant applied for a buildinl~ Permit to alter an existing one-family dwell- ing with an expanded home occupation carried on in an area exceeding 500 sq. ft. of floor area. The subject premises contains a lot area i~/' of 30,625 + sq. ft. and is im-// proved with a single family dwelling, occupied by the ap- plicant's home office. Loca- tion of Property: 1450 Boisseau Avenue, Southold; NY; County Tax Map Parcel No. 1000-'/5-2-3.1. The Board of Appeals will at said time and plhce hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior t~o 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 llk~ to'/V request more information, please do not hesitate to call 765-1809 or visit Our office. Dated: September 19; 1994 BY ORDER OE THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski 1X-9/22/94(10) ~dl eNOTIGEr,~ISc '~BY .~GIVEN xhat ~pm~.~ll~ to ~ion 276 of the ~ ~w ~d the C~e of the Town of Southold, that the foRowing matter will ~so ~ held for a pubfic he.ns by the Southold ~wn Bo~ of 'Appe~s at the ~uthold ~wn Hall, 53~5 Main Road, Southold, N~ York, 11971~ on WED~SDAY, O~BER 5, l~, com- muting at ~e ~e s~fi~ ~low:. 7. 8~5 p.m. App. No. 4272- THO~S FABB. V~ ~ based upon the ~gusi 3~~ 1~4 NoOce of Disappmq~fl from the Buildi~ Ins~or wherein applicant applied for a b~l~ng ~t to gplace mo~ th~ 50~o of ~st~ d~, ~out m ~ion, ~d w~ch ~ disappmv~ ~der ~i- cie ~IV, S~ion I~3B of the ~ng Code w~ch does not ~t e~ge- merit, ~onstmction, tuml ~temtions or move- ment unless the ~e of such bu~ding is ch~ to a ~n- foxing us~ The subject p~mises con.ns a mini lot ~ of 1.2~ acgs ~d co~ ~ns the follo~ng noncon- for~ties: mog thru on~ single-f~ly dwelling umt . on subs~d~ lot in ~s R-80 Residential '~ne ~tfi~. ~tion of ~r- ty: 1925 Nau~ D~v~ Mat- Oreck, ~; ~unty ~ Map - ~el No. 1~22. ~ ~e'~ of Ap~ ~ ~at s~d t~e~. ~'~anY'"afid all persons or ~enmO~ d~i~ to ~ h~rd inthe above matte~. Written ~mments may ~so 'be sub~tt~ p~or to ~e conclusion of ~ subj~t h~ing. ~ch h~ wiR not s~ befog the times d~ign~ed abow If you wish to ~i~ ~y of the above files or would ~ke to/ -request mog information, pl~e do not hesitate to c~l 765-18~ or vgit our offic~ ~ Dated: September 19, 1~ BY ORDER OF THE SOUTHOLD ~WN BOARD OF APPEA~ ~EHRINGER CHAIRM~ By: Linda Kowflski COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of ~he 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 successively, commencing on the Swo~9~ to before me on this .... ~ .~-. day of Notary Public 8ARBRRA k $CHN£19~R NOTARY PUBLIC, State of New York No. t.80~46 Qualified in Suffolk ~ Commi~ion Expires ~/~& 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 :[179 Southold, New York :[1971 Fax (516) 765-1823 Telephone (5:[6) 765-1809 Aug. 18, 1994 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4268 Project/Applicants: ~dward & Evelyn Halpert County Tax Map No. 1000-66-1-31 Location of Project: 2125 Town Harbor Lane, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct tennis court with 10' fence in the frontyard 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, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town.Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL ~"rAT~STICS MARP,/AG E 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) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: August 18, 1994 RE: Zoning Appeal No. 4268 - Edward and Evelyn Halpert Transmitted herewith is Zoning Appeal No. 4268 for EDWARD and EVELYN HALPERT for a variance. Also included is: Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department, updated August 10, 199[[; Short Environmental Assessment Form; ZBA Questionnaire; and survey. Judith T. Terry $outhold Town Clerk PROJECT I.D. NUMEER 617.21 Appendix C State Envir=nmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR WiLL PROPOSED ACT;ON COMPLY WITH EXISTING ZeN!Ha OR OTHER EXiSTiNG /.AND USE~TRICTION6? [] Park/ForesuOpen space ~ Ot~et WHAT RESENT [.AND USE IN VICINITY OF PROJECT? rial [] industrial [] CommerCial 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAL)? [] Yes ~ If yes, list agency(s) an;I petmJt,';,pgtoval$ 11. DOES ANY ASPECT OF THE ACT!-~N HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 12. AS A RESULT OF P POSED OF P~..~G ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes ~o I CERTIFY THAT THE iNFORMATION PROVIDED ABOVE iS TRUE TO THE BEST OF MY KNOWLEDGE I! 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 reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an enviro'nmental review will be made by thls board · before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FO~ 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 Assessmen~ 1. Wiil 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 ~U~ual land forr~ on the site? Yes ~No 3. Will project alter or have a large effect On an existing body of water? 4. Will project have a potentially large impact on groundwater quality? ~Yes /No 5. Will project significantly effect drainage flow on adjacent sites? . Yes 6. Will project affect any threatened or endangered plant or animal species? Yes ~ NO 7. Will project result in a major adverse effect on air quality? 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 commLu%ity? . Yes /No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? ___.Yes /NO 10. Will project have a m~jor effect on existing Or future recreational Opportunities? ..__Yes /No il. Will project result in major traffic problems or cause a major effect ~o existing transportation · ' ' systems? __yes _~o 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes ~No 13. Will project have any impact on public health or safety? 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 .~No period o_~r have a major negative effect on the character of the community or neighborhood? Is there troversy concerning . project? QUESTIC~;AIRE FOR FILING 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 interasts: (Separate. sheet may be attached.) B. Is the subject premises ~is~ed on the reai es~a~e mar~e~ sale,,er being shown to prospective buyers? { } Yes { ~'} No. (If Yes, pl~a a~h c. oUlr o~ "cond/~s" of s~le.) C. Are there~y%~ruposals tu u~ange u~ alter land { } Yes {~ NO D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaeed between the wetlands area and the upland building area? 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 cQn~truction at or below five feet above mean sea level? A/.~. (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fen~a~ which e~t and are not ~huwn on the survey map that yOU a~ submitting? ~M~-- If non~ exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~0 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~o any co-owner alsd own other land close to this parcel? If yes, please explain where or submit copies of deeds.'" I. Pleas~ list pre~Dnt use or operations conducted at this Parcel ., ~JO~'~7~ /~O~Z proposed use ~.- and Aut~-~r-ized Sign~ure an~ 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Souchold. TRUSTEES -- The Board of Trustees of the Town of Sou~hotd. [Added 6-5-84 by L.L. No. 6-1984] 'W'E ~-'L-~N~DS [Amended 8-26-76 by L.L No. 2-1976; 3-26- 85,by J,, T, No. A. ~iDAL WETLANDS: (I) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, 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) All 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, tall cordgrass, high bush. cattails, groundzel, m~'shr-.llow a.lld law (3) All Im~d immediate~yndjacentto a tidal wetland aa defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: ' "Freshwater wetlands" as defined in Article 24. Ti- tle 1, § 2.1-0107. Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (1) (2) All land immediately adjacent to a "freshwater wet- !and." as defined in Subsection B(1) and lying with- m sevenw-five (75) feet landward of the moat land. ward edge of a fresn~ ater wetland. 9705 2. ~-s. as BOARD OF APPEALS:TOWN OF SOUTHOLD ................................... X In the Matter of the Application of EDWARD AND EVELYN HALPERT ................................... X CONFIRMATION OF POSTING , residing at ~.t ~ I, , being duly sworn, depose and say: on the ,~ day of ~ , 199'/(, I personally posted That the property known as "2125 Town Harbor Lane, Southold, NY/~ by placing the Town's official poster notice on ~.,~ t(/t~ Z.,e~._ facing the road side of the property, and that the poster has remained in place at least ~days prior to the date of the initial public hearing. Dated: S~te~.ber ,1994. (signa,~fi/~e) .... -~ ~,,~ I CO / (~) UNTY OF SUFFOLK I .qL~--~ ~lReal Property Tax Service Jure'r, 'r. 'tERRY, 'row, C~.Em( RECEIPT Town of Southold Southold, New York 11971 /3 Phone: 516-765-1801 DATE 5~645 19. ~ ~0~ B~OAR0 OF APPEALS, TOWN OF c;OUTHOI_D In the Matter oT [he Petition of : to the Board of Appeals of the Town of Southoid : NOTICE TO ADJAC'~IT PROP F-RT¥ O~¢H ER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned To petitibn the Board nf Appeals of the Tow~ of $outhold torcqucsta~(SPecial Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition~is located a..d, jacent to your propzr.ty/and is cribed as follows: -~1,2,~'"~0,~ ~-A~-~t,,O~>-- I_AI,{'~- L/.,O£S'T-~r~/~. des- 3. Thai the property which is the subiect of such Pe~tition is located in the following zoning district: 4' That b~ such Petition,: ~he undersigned will request the following relief: ': 5. That the provisions of the Southold Town Zoning Code aoplicable to the relLef sought by the under- sign~dare ~cle ~ ~cn~ 1~*~4~'l~'~lC~)jl~'~ '.. ;[ ] Section 280-A, New York Town Law for approval of access over righ~(s)-of-way~ ': " 6. That within five days from the da~e hereof, a written Petition ~equesdn~ the F~tief specified above will be flied in the Southold Town Clerk's Office at Main Road, Sou~hold, New Yo~k and you may then and examine ~he same duFin~ Fe~ular of Eice hours. (516) 765-1809. "". 7. That before the relief sought may be granted, a public hearing must be held on the matter by the B6ard. of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearidg in the Suffolk Times and in the Long Island Travelcr-Mattituck Watchman, newspapers published in the Town. of Southold and designated for the publication of such notices; that you or your representative have the 'ri.~ht to appear ahd be heard at'such hearing. : Dated:' ¢// "~" "' · . ': ' .. Post ~ffice Address I/fiT/ [Copy of Sketch or plan .purposes.] .. showing proposal to be attached for convenience NAME PROOF OF ~4AILINC~ OF NOTICE ATTACIt CERTIFIED b~AiL RECEIPTS ADDRESS PS Form 3800, June 1991 STATE OF NEW YO~K COUNTY OF SUFFOLK .: -~'~7~/L/1 ~[. [r ' , being duly sworn, deposes and says th;~t on lhe /74 day of ~~ ' ,19~ ,deponent mailedalruecopy of lhe Notice set forth on the verse side hereof, directed lo each of the above-named persons at the addresses set opposite their respective ' names~ thai'the addresses set opposite the names of said persons are the addresse~ of said persons as shown on · the current ass~sment roll of the.Town of 5oulhold; that said Nodc~ were mailed at the United States ~ost ...{certified) (registered) mail..: Sworn to before me this Not'ary Public //- .: · ;that said Notices were mailed to each of said persons by ' : (This side does not have to property owners.) be complet'ed on form transmitted to adjoining B~OARDOF APPEALS. TOWN OFSOUTHOI_D In the Mailer o! the Petition of tothe Board of Appeals of the Town of Southold To: : NOTICE TO ADJACE.~IT PROPERTY OW~IER YOU ARE HEREBY GIVEN NOTICE: ' ": 1. Thane intention of the undersigned to l~etiti~n the Board nf Appeals of the Town of Southold to requesta~ (Special Exception) (Special Permit) (Other) [circle choice] 1. 2. That the propert~.~hich i.s/he subject of the Petition is located adjacent to. your propRrty and is des- cribed as follows: ~ 3. That the property which is the subject of~.such Petition is located in the following zoning district: ) . / / ' : 4 Thai h} such Pe~iun~the undersigned will request the following~elief: 9 ~~ T~,~.. ':' ~ That the prov s ohs of the Southold Town Zonin~ Code applicable to the ret~ef~soughl by the undtr- .. .:[ ] Sec:ion 280-A, Ne~ York Town L~u for approval of access over righ~(s)-of-way. ': ' 6. That wilhin five days from the date hereof, a wriJ[cn Petition requesting thc 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 lhe same during regular ofgcc hours. (5~G) 7GE-LBOg. .': "" 7. That before the relief sought may be granled, a public hearing must be held on the matter by the B&arc! of Appea~s; ihat 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-Mattituck Watchman, newspapers published in the Town. of Southold and designated for the publication of such notices; that you or your representative have the 'right to appear and be heard at'such hearing. Post Office Address tel..o. [Copy of'sketch or plan .purposes.] .~ showing proposal to be attached for convenience PROOF OF MAII_IN~ OF N~T1CE ATTACH CERTIFIED MAiL RECEIPTS ADDRESS PS Form 3800, June 1990 Sworn to be,~re me this day of ~ Notary Public ~ . · STATE OF NEW YO~.K ) COUNTY OF SUFFOLK ) ss.: · J~ ~/~--~/~Z~ /[~ . being duly sworn, deposes and says that on the JT~;( day of ~C~.-Y~d/~7--~ · , 19 ~,~_~, deponent mailed a true copy of the Notice Set forth on the r~o ~erse s~de hereof; directed to each of the ~bove-named persons at the addresses set opposite their respective ' .' ;!?~mesi that· the addresses set opposite the names of said persons are the addresses of said persons as shown on .the current assessmen, t toil,of the.Town of Soulhold; that said Notices were mailed at the United States Post Of- rice at ' _..~Oc:~ 7'75~ff-~ ; that said Notices were mailed to each of said tersons by .i{cerdfied} (registered} mail. {This side does not have property .o~ners.) to be completed on form transmitted to adjoining