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Home My WebLink About4178 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Do~en, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOAP, D OF APPEALS TOWN OF SOUTHOLD Application No. 4178. ACTION OF THE BOARD OF APPEALS SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Application of JAMES AND DOROTHY FITZGERALD. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B (schedule pertaining to nonconforming lots) for permission to construct open deck addition with an insufficient rear yard setback. Property Location: Southwest Corner - Intersection of Oak Drive and Haywaters Drive, Cutchogue; County Tax Map Parcel No. 1000- 104-5-25. This size of this parcel is nonconforming at 19,602+- sq. ft. in this R-40 Zone District. WHEREAS, this appeal application was filed on July 11, 1993 concerning the June 21, 1993 Notice of Disapproval issued by the Building Inspector; and WHEREAS, after due notice, a public hearing was held on July 22, 1993, and 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 (no opposition); and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. This is an application requesting a reduction of the rear yard setback from the required 35 feet to 17-1/2 feet, at its closest point, to the rear (easterly) property line for a new open deck addition. The proposed deck addition is shown to extend 25'6" from the rear wall of the existing dwelling at its deepest angle and 28 feet at its widest angle, all as shown on the sketch submitted with the application. 2. This parcel is nonconforming as to lot area containing a total of 19,602+- square feet in this R-40 Low-Density Residential Zone District. Yage Decision Rendered~5i-iy 22, 1993 Southold Town Board of Appeals 3. Also, the subject premises is a corner lot with frontage along two streets (two front yards) and is improved with a single-family, one-story dwelling. 4. For the record, it is noted that the small accessory shed shown on the sketch is not the subject of this variance application for the reason that applicant is proposing the locate the shed in the required rear yard at a minimum setback of five feet from the property lines. 5. In considering this application, the Board also finds and determines: a) there is no detriment to the health, safety, or welfare of the community, and the benefit afforded to applicant is not unreasonable; b) the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; c) the grant of this variance is strictly for a reduction of the rear yard setback for a proposed open deck which'will not cause an adverse effect on available governmental facilities; d) there is no other alternative feasible for appellants to pursue due to the nature of the remaining yard areas and the configuration of this parcel; e) the relief requested will not adversely impact the essential character of the neighborhood; f) the relief requested is substantial in relation to requirements; g) in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by'Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to APPROVE a rear yard setback at 17'6" as requested for a new open deck addition at the rear of the existing dwelling, SUBJECT TO THE FOLLOWING CONDITIONS: A) the deck remain open, unenclosed, and unroofed; 'Page 3 - Appl. N~78 Decision Rendered J~ly 22, 1993 Southold Town Board of Appeals (Appl. No. 4178- FITZGERALD, decision, continued:) B) there be no light which will glare onto neighboring areas; C) the accessory shed building show~ as a proposal on the sketch shall be located in the required rear yar'd and shall meet the minimum setbacks from all property lines (presently five feet minimum instead of the three feet shown). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This'resolution was duly adopted. lk RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK Town Clerk, Town of Southold APPEALS BOARD MEMBERS Gerard P. Goeh~inger, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF $OUTHOLD NOTICE OF PUBLIC HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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 THURSDAY, JULY 22, 1993 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4172 - To reconvene hearing in the Matter of JANET A. FERGUSON (continued from June 22, 1993). Central Avenue, Fishers Island, NY; County Tax Map Parcel ID NO. 1000-066-08-006. 2. 7:35 p.m. Appl. No. 4182 - KELLY McDERMOTT. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk Schedule) for permission to expand house and accessory garage which will exceed the 20% lot coverage limitation. Property Location: Skipper's Parcel No. Northeasterly corner of Oysterponds Lane and Lane (a/k/a State. St.), Orient, NY; County Tax Map 1000-24-1-8. This property contains an area of .~age 2 - Notice ot~aarings Southold Town Board of Appeals Regular Meeting of July 22, 1993 8710+- sq. ft. and is located in the R-40 Residential Zone District. 3. 7:40 p.m. Appl. No. 4179 - THOMAS D. DUFF, JR. and ELAINE DUFF. Variance to the Zoning Ordinance, Article III, Section 100-32B for permission to construct deck addition along west side of existing dwelling with a reduced side yard setback. Property Location: south Side of Crescent Avenue (North Hill), Fishers Island, NY; bounded west by Nitze; east and south by Zabohonski; County Tax Map Parcel ID No. 1000-6-2-3.2; also referred to as Lot 25 on the unfiled "Map of Henry Walsh." This parcel is nonconforming at 1.003+- acre in an R-80 Zone District. Zoning Ordinance, Article XXIII, Section 100-239.4A for permission to locate dwelling structure with a reduced setback from the bank or bluff of the L.I. Sound. Property Location: 58235 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-44-2-11. This parcel is nonconforming at 5,775 sq. ft. this R-40 Zone District. 7:45 p.m. Appl. No. 4160 - SUSAN TASKER. Variance to the 5. 7:50 p.m. Appl. No. 4177 - JAMES P. and EILEEN LEDDY. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B (pertaining to nonconforming lots) and Bulk Schedule, for Page 3 - Notice Southold Town Board of Appeals Regular Meeting of July 22, 1993 permlssion to construct front porch addition with a reduced front yard setback at 195 Mary's Road, Mattituck; County Tax Map Parcel No. 1000-140-2-36. 6. 7:55 p.m. Appl. No. 4178 - JAMES AND DOROTHY FITZGERALD. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B (schedule Pertaining to nonconforming lots) for permission to construction open deck addition with an insufficient rearyard setback. Property Location: Southwest Corner - Intersection of Oak Drive and Haywaters Drivel Cutchogue; County Tax Map Parcel No. 1000-104-5-25. This parcel is nonconforming at 19,602+- sq. ft. in this R-40 Zone District. 7~ 8:00 p.m. Appl. No. 4180 - JOAN AND ROY BERMAN.. Variance ' tO the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct addition to accessory storage-garage building which was recently altered under Permit No. 20895 issued 8/18/92. Proposed addition would reduce the required frontyard setback and would be in excess of 20% lot coverage limitation for all buildings. Property Location: 520 Rabbit Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-18-11. This property is nonconforming at 2614+- sq. ft. in this R-40 Zone District. Page 4 - Notice ~earings Southold Town Boai~5 of Appeals Regular Meeting of July 22, 1993 8. 8:05 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES, INC. (Owner). This is a request which concerns the April 26, 1991 and April 9, 1991 Notices of Disapproval issued by the Building Inspector concerning an application for permit to include kitchenettes in motel units citing Article III, Section 100-13 which is the Definition Section of the Zoning Code pertaining to the April 9, 1991 Notice of Disapproval which reads, "...hotel or motel tra'nsient which sa~;s in part that there will be no cooking facilities..", and pertaining to the April 25, 1991 Notice of Disapproval which reads, "...hotel or motel resort. Action required by Zoning Board of Appeals to permit cooking facilities in individual motel units .... " The subject premises previously had received a conditional determination for a Special Exception filed 11/28/89 under Application No. 3542 for use of the premises for 68 motel units without individual kitchenettes or dwelling uses. Location of Property: 61475 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-045-01-001 and 002 (now 2.1), containing approximately 7.5 acres. The subject premises is located in the Resort-Residential (RR) Zone District. 9. 8:10 p.m. Appl. NO. 4181 - AABR Realty Facilities Holding Corp., a Type C Not-For-Profit Corporation (now or formerly known as "Association for The Advancement of Blind and Retarded, Inc."), as Contract Vendee, request a Special Exception as per ~age 5 - Notice of Southold Town Board of Appeals Regular Meeting of July 22, 1993 the Southold Town Zoning Code, Article III, Section 100-31B for use as a philanthropic home as provided by Subsection 5 thereof. Property Location: South Side of Middle Road near the'end of Highway 48, House #6760, Mattituck, NY (present owners: Joseph and Patricia Stiefer). County Tax Map Parcel ID No. 1000-121- 4-8.1, containing 13+ acres. 10. 8:20 p.m. Appl. No. 4183 - JOHN AUSTINE. Variance to the Zoning Ordinance, Article IIIA. Section 100-30A.4 for permission to locate accessory one-story garage building partly in the side yard with a setback at approximately five feet from the southerly side property line. Location of Property: 3735 Deep Hole Drive, Mattituck; Lot No. 54, Map of Deep Hole Creek Estates. County Tax Map Parcel No. 1000-115-16-20. .This property is substandard in size at 21,710 sq. ft. in this R-40 Zone District. 11. 8:30 p.m. Appl. No. 4120 - MATTITUCK AUTO CENTER, INC. and WILLIAM GOODALE. Variance to the Zoning Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-30.1 (previously 30). -Page 6 - Notice Southold Town Board of Appeals Regular Meeting of July 22, 1993 12. 8:30 p.m. FINAL HEARING on Appl. No. 4119SE - MATTITUCK AUTO CENTER, INC. and WILLIAM GOODALE. Special Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for a permit .authorizing: (a) a new car sales-rental establishment; (b) an establishment of an accessory use incidental to the proposed new car sales estabiishment for the sale and/or lease of used vehicles; (c) outside display of vehicles for sale; (d) accessory office use incidental to the new principal use as a new car sales establishment. Location of Property: 7655 Main Road (NYS Route 25), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-30.1. 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 the files or need to request more information, please call 7.65-1809 or visit our office. Dated: July 6, 1993. BY ORDER OF T~{E SOUTHOLD TOWN BOARD OF APPEALS GEPJ~RD P. GOEHRINGER CHAIRMAN By Linda Kowalski x FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date .~/~..~. ................. 19 .~.~... PLEASE TAKE NOTICE that your application dated .... ~ ............. 19 .~ Location of Property ~ ~~ ~" '~--~ ~' fi;&; ~o ....... ~~ · · ~-. ~ ....... ~.~.~... County TaxMapNo. lOOOSe~tion ...... ~.~.~. Block ~ ~ ...Lot Subdivision ................. Filed Map No. ~ ............... Lot No .................. ... · ~ - ~ ~ . .:. ........ ~...~~..~...~~...~~ . ..~ '.. ~ ............................ , ..................... Rv 1/80 Examined . .~.~.'.~. ........ , 19,~,.~. Approved ...~ ........ , 19... Permit No.. ' ... FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL ~OUTHOLD, N.Y. 11971 TEL.: 765-1110;] (Building Inspector) OF IIEALTH ............ .S OF PLANS .., ......... CliECK SEPTIC FORH ............ CALL ... HAIL TO: ' APPLICATION FOR BUILDING PERMIT Date...June 21, 1993 INSTRUCTIONS a. Tlfis application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Pict plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of l~yout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pmsuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and oth0r apl~ticable Laws, O. rdinanc.e.s or Regulations, for the construction of buildings, additions or alterahona, or for ~:emoval~'~en~ ~tinn, as hei'ein.d, escnbed. The applicant agrees to comply with all applicable laws, ordinance~S~otfi~ng code~:L~9{'n~ ~gpl~o~and to admit authorized inspectom on premises and in building for necess{dry insJ;~ons. ~ '~.~., , _~ /// j/ (Mailing address of applicant) State whether applicant is owner, lessee, agent, aichitect, engineer, general contractor, electrician, plumber or builder. Nameofownerofpremises ,.lO.~.e. 0 ,E... ~',[.t.~.ggT.~.~.d.~ ... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .... .Np..~..~..e.l.e.q~..e.d. ~.e..t .... Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... Location of land on which proposed work will be done ' 385 Ha,v. waters Drlve~ .Outehogu. e IIouse Number Street Hamlet .... County Tax Map No lO00 Section J.O.~ ' Block .5. 2.? Subdivision ..................................... Filed Map No ............... Lot ............... · (Name) Slate existing nsc and occupancy of premises and intended nsc and occupancy of proposed construction: a. Existing use and Private residence occupancy .................................................................. b. Intended use and occupancy Private residence 3. Nature of work (check which cable): New Building . t. . X. /dterati6n ~'.~..'~,7; Repair ' Removal Demolition Other Work ·. (Description) 4. Estimate'd Cost .... $5.0.00 ............................ Fee ...................................... l\ (to be paid on filing this application) Q.n.e N b fd Iii it h fl One ' $. ifdwelling, number of dwelling units ............ um erg we ngun soneac ocr ............ Irg b r · '. arage, num erg cars ............... t,. ..., ........... . ..... .................... 6. if business, commercial or mixed occupancy, specify'nature and extent,of each tvoe of use ' -' ' .... ' 33!:: ...... 7. Dimensionsofexistingstruetures, lfany:Front...Tjx....\... Rear'....~l.t.. . Death . He gilt .~.Ot qB.t. Number of Stories . O~e . ' ..... ' ' ' : ..... Dimensions of same structure with alterations or additions: Front ...... "~ .t ........ Rear .... 7J.~. .......... Depfll ~J.8 t '=~ !t Height ~.01 ~ ~ .'1; Number of Stories "8. Dimensions of entire new construction: Front ........ Rear ........... Depth igl .... ' lie it ................ ,lamb,,. orS,ones ................................................... J.B-°.~-i .13.4.'_.+ pth 19J.'.':lSJ.'..v~tr" 9. Size of lot: Front ................ Rear ................ De .... I0. Date of Purchase ... 8/.ZllOJ .................. Name of Former Owner .... .S. qhUlJ;hels.t;. ........... I 1. Zone or use district in which premises are situated .... .Pv:4.O ........................................... . 12 D spropos d nstru ti i late nyzo i gl ordi gui t' · Ge e co. c onvo a nn aw, nanceorre alGa: ., ........ . .......... . ....... 13. Will lot be regraded ...... l~lp .................... Will excess fill be removed from premises: N/AYes No 14 fO e. fp {3.ce. ~.e~qw ~Add Ph N ' · Name o wnr o remises .......... tess .... ,....,. . one o.. . .... N fA ^dd : :::::: ' ameo rcintect . ......... ... .. -- · .. ... tess ............ Phone No ........ Name of Contractor ~1.o.~ B.e,],~qte~ 3'~t Address Phone No ' 15.~$ thla property located vil:hln I00 fe~t of a tidal ~tl,*nd~ ~lil; .... NO .... · lf ye~, $outhold To~u Truste~n Permit may b~ requlr~d. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate ali set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. Name of Owner of Premisest James E. Fitzgerald, PO Box 617 Outchogue, NY 11935 Jr, PLOT DIAGRAM: See attached drawing; survey also attached. STATE OF NEW YORK, COUNTY OF ......... ........ $'$ James E. ~..i~?.ge..r.a.l?. ~...,.j?.: being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. owner lie is tile ................................................................................... , ..... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed tile said work and to make and file this application; that all stalements contained in this application are Irue to tile best of his knowledge and belief; and that the Work will be performed in the manner set forth in tile .application filed therewith. Sworn to before me this .... ~ ~-~ County bbc, : .......... / / JANE R. MINERV,~ ~ [~OTARY PUBLIC, State o! New ¥Ol'h %/ No 4853108, Suff0[k C0un~/ ~.~,/ ' · · TOWN OF SOUTHOLD, NEW YORK JUN 1993 APPEAL FROM DECISION OF BUILDING INSPECTOR ~.',yO f~. Southold Town Clerk APPEAL NO. Z~ /'~ ~ DATE ......... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, Ni ~'. ~--'~ 1, (We) .................................................................. or ................................. Nome-of Appellant Street and Number Cutchogue NY 11935 ......................................................................................................................... HEREBY APPEAL TO Municipality 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 ( ) ( ) (X) Same as APPELLANT, above Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO CONSTRUCT 1. LOCATION OF THE PROPERTY ..~..8.~...~.~..~..w..a:~.e.~.s....~.~.i.Z~L..?..~..~.c.~.o.g.,.~..e. ............ .~.~..0. ..... Street /Hamlet / Use District on Zoning Mop District 1000 Section l 04 Bl ock05 Lot ,2__5 C ........................................................... urrent 0~ner Fitzgerald Map No. · Lot No. Prior Owner... Schultheiss 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number: DoAnot,q~e the Ordinance.) Article III Section ~$~--~0=~'~4~ fOO-g 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordirmnce or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. ! 6 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit [ ) request for a variance and was made in Appea.I No ................................. Dated ............................. ~ ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that the acldltion o£ an open deck to "cAe reBldeAoe exlai;lng o~ i;he property wlll provlde the opportunity £or greatZy added enjoyment o1' the p~operty by the ow-nero, thelr £amlly, ~nd thelr gueat~. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sow HARDSHIP because it woyld preclude the construction of the deck since minimum rear/side yard setback requirements could not be met. 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 the configuration of the property, especially since it is a corner lot, and its topographical characteris- tics, together with the size, configuration, and locati'on of existing- structdre~s and site features, and the design and floor plan of the house suggest the proposed deck design and construction as the most practical and ~uuobtrusive method of achieving best use cf the property. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the addition of the deck is in keeping with the Oustomary uses of property in the Town and in the immediate area, both from the standpoint of the actual use and from the standpoint of design, construction, and aesthetic appeal. STATE OF NEW YORK COUNTY OF ) } ss ) Sworn to this ................. JANE R. MINERV/~ NOTARY PUBLIC, State of New York Ne 4853108, Suffolk County Comrnlssmn Expires February 18, OWNER ;TREET ,_.,~- (~_~') VILLAGE DIST.I SUB. , S ~ W r, TYPE OF BUILDING RES ~ S~S. VL. FARM CO~. 6CB. MICS. Mkt. Value ~ND IMP, TOTAL DATE RE~RKS NEW FA~ Acre Value Per V~lue Acre Tillable FRONTAGE__ ON WATER W~land FRONTAGE ON ROAD House Plot BULKH~D Tota~ ~ ~ ~ DOCK TOWN OF SOUTHOLD PROPERTY RECORD CARD COLOR TRIM M. Bldg. ExtenisJon Extension Extension Porch Porch Breezeway Fire Place Garage Type Roof Patio Recreation Room O~ B. Total Dormer Bath Floors Heat Rooms 1st Floor Rooms 2nd Floor Driveway Dinette ~ ~~.~ - MAP OF P.[.~0PEI'2.TY TO'w'k~ ;OF 5OU T~OLD kl Y. 1 .SCALE-z~., ~, I" E~C~ON IOOO~ 104.- $ -.25. ~.._.- ~0NUM~N'r ..TI T. LE kt0, $' 66~,968, EOPE2tCt~ VAN TUYL, P.C, , ~- I/~.__'7~ _ -_ _ LIFJF. J4S~ I. AND 5UI~VI~Y(:;~S - GI~ EENPO~I~, Nt, Y. DEPARTI~IE~NT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXEOUTIVE August 5, ARTHUR H. KUNZ 1993°'"~~ 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) Tasker, Susan Fitzgerald, James & Dorothy 4160 4178 Very truly yours, Harold A. Withers Deputy Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dini~o, Jr. Robe~A. ViUa Richard C. Wilton Telephone(S16)765-1809 BOARD OF APPEALS 'TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pt%rsuanttoArticle X/V of the Suffolk CountyAdministrative Code, The Bosrd of Appeals of the Town of Southold, New York, hereby refers the following to the SuffoLk County Planning Cc~ission: XX Variance from the Zoning Code, Article XXIV , Section 100-244B __Variance from Determination of Southold Town Building Inspector ~Special Exception, Article , Section Special Permit Appeal No: 4178 Applicant: James and Dorothy Fitzgerald Location of Affected Land: Oak Drive and Haywaters Drive, Cutchogue, NY County Tax Map Item No.: lO00-104-5-25 Within 500 feet of: 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 with ~ insufficient rear yard setback. Copies of Town file and related documents Dated: Aug. 3, 1993 construct open deck addition enclosed for your review. APPEALq BOARD MEI~BERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD July 28, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. and Mrs. James Fitzgerald Haywaters and Oak Drive P.O. Box 791 Cutchogue, NY 1~935-0791 Re: Appl. No. 4178 - Variance for Open Deck Addition Dear Mr. Fitzgerald: Enclosed please find a copy of the findings and · determination rendered by the Board of Appeals at our July 22, 1993 Regular Meeting. Please be sure to return to the Town Building Department for issuance of final permits and approvals before commencing construction activities. We have furnished copies of this approval to the Building Department for their update and permanent recordkeeping concerning the issuance of the June 21, 1993 Notice .of Disapproval. Also, since this project is located at or near 500 feet of the shoreline of Haywaters Cove, a copy of this file has been referred to the Suffolk County Department of Planning in accordance with the rules and requirementsof the Suffolk County Administrative Code pertaining to variance projects. Very truly yours, Linda Kowalski Enclosure ~opies Of Decision to: Building Department Suffolk County Department of Planning APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, J~. / t, James Dinizio, Jr. Ri c~?~t ~: V~ ton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 22, 1993 .q.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4178 Project/Applicants: County Tax Map No. Location of Project: James E. Fitzgerald, Jr. 1000- 104-5-25 385 Haywaters Dr., Cutcho§ue, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct deck addition to dwelling with insufficient rear yard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 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 STATISTICS MARRIAGE 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: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk June 22, 1993 ZONING APPEAL AFPL. NO. 4178- JAMES E. FITZGERALD, JR. Transmitted herewith is Zoning Appeal App. No. 4178 - JAMES E. FITZGERALD, JR. together with a letter from James E. Fitzgerald, Jr. dated June 10, 1993, a copy of the Notice of Disapproval from the Building Department, the Notice to Adjacent Property Owners, a copy of the drawing of the proposed deck, a copy of the application for a building permit, the Short Environmental Assessment Form, a copy of the tax map, a copy of the survey map, a copy of theZonincj Board of Appeals Questionnaire. Judith T. Terry Southold Town Clerk Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935 (516) 734 - 5800 June 10, 1993 Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application for a Variance, SCTM #1000-104-5-25 James E. Fitzgerald, Jr. Dear Sir: Enclosed are the documents prepared in support of the application for a variance and appeal from the decision of Building Inspector for the construction of a deck on my property located at 385 Haywaters Drive, Cutchogue. the Enclosures: Application Fee Application If you need more information or have any questions, please call me. (Check, $300) Notice to Adjacent Property Owners Short EAF Tax Map ZBA Questionnaire Notice of Disapproval (Building Department) Project Plan Drawing Survey of Property (Original and 3 copies) a subsidiary of THE PECONIC EASTERN CORPORATION Copies of the Legal Notice of Hearings for 7/22 sent to the following on 7/6/93: Stephen L. Ham III, Esq. Re: Ferguson 45 Hampton Road Southampton, NY 11968 Mrs. Kelly McDermott P.O. Box 2002 Orient, NY 11957 En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 Mr. and Mrs. James P. Leddy 29 Bradford Lane Bethpage, NY 11714 Rudolph H. Bruer, Esq. Main Road - Box 1466 Southold, NY 11971-1466 Mr. and Mrs. Thomas Duffl Jr. 34 Hunter Road Manchester, CT 06040 Re: Tasker Re: AARB Mr. and Mrs. Roy Berman 79 Mackey ~venue Port Washington, NY 11050 Richard T. Haefeli, Esq. 184 Main Street P.O. Box 1112 Westhampton Beach, NY 11978 J. Kevin McLaughlin, 1050 Youngs Avenue Southold, NY 11971 Esq. Ardnt Construction 64 circle Drive North Patchogue, NY 11772 Re: cliffside Associates Re: Goodale/Mattituck Auto Re: Austine Re: Fitzgerald Proper-T Services, Inc. P.O. Box 617 Cutchogue, NY 11935 L.I. Traveler-%~atchman, Inc. - Times-Review courtesy copy 'ZBA Board Members with copies of each pertinent file Town Clerk Bulletin Board (in lobby) Building D~parunent Attn: C. Horton Planning Board%Chairman R. Ward Town Attorney 4. Arnoff '~¢cV-. \t?- BOARD OF APPEALS · ./~ "TOWN OF SOUTHOLD ~ NOTICE OF ~'~ PUB~INGS NOTICE IS HEREBY GIVEN, pursuant to Section I 267 of the Town Law and the l Code of the Town of Southold, that the following public hearings will be held 1~ the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURS- DAY, JULY 22, 1993, corn-: mencing at the times specified below: 1.7:32 p.m. Appl. No. 4172.- To reconvene hearing in the~ Matter of JANET A. FERGUSON (c0niianed from June 22, 1993); Central Avenu~ Fishers 'Island,' NY; County Tax Map Parcel ID No. 1000.066-01}4)06., 2. 7:35 p.m. Appl. No. 4182- KELLY McDERMOTT. Variance tO the Zoning Or- dinance, Article IliA, Section 100.30A.3 (Bulk Schedule) for permission to expand house and accessory garage which will. exceed the. 20~/s lot coverage limitation. Property Location: Northeasterly cor- ner of Oysterponds Lane and Skipper's Lane (a/k/a State St.), Orient, NY; County Tax Map Parcel ID Nc 1000-24-1-8. This property contains an area of 8710+ sq. · ft. and is located in the R-40 Residential Zone District:' 3.7:40 p.m. APpl. No. 4179- THOMAS D. DUFF, JR. AND ELAINE ' DUFF. -Variant6' to the Zoning Or- dinance, Article III, Section 100-32B for permission to construct deck addition along west side of existing dwelling with a reduced side yard set- hack. Property Location': South side of Crescent Avenue (North Hill), Fishers Island,NY; bounded west by Nitze; east and south by Zabohonski; County Tax Map.~ Parcel ID No. 1000-6-2-3.,2;~ also referred-to as Lot 25 on' the unfiled "Map of Henry Walsh: ' This parcel is noncon- forming at 1.003+ acre in an R-80 Zone District. 4. 7:45 p.m. Appl. No 4160, SUSAN TASKER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A for permission to locate dwelling I structur.~ith a reduced set- back flthe bank or bluff of the '~E. Sound. Property Location: 58235 C.R. 48, Greenport, NY: County Tax Map Parcel ID No. 1000-44-2-11. This parcel is nonconforming at 5,775 sq. ft. in this R-40 Zone District. 5' 7'Z0 p.m. Appl. No. 4177, JAMES'~ i~. ~ and..-EILEEN. LEDDY. Variance to the Zon- ing Ordinance, Article XXIV, Section 100.244B (pertaining to nonconforming lots) and Bulk Schedule, for permission to construct front porch addi- tion with a reduced front yard setback at 195 Mary's Road, Mattituck; County Tax Map Parcel ID No. 1000-140-2-36; 6. 7:55 p.m. Appl. No. gi78- JAMES AND DOROTHY FITZGERALD. Variance ta the Zoning Ordinance, Article XXIV, Section 100-244B (schedule pertaining to non- conforming lots) for pennis- sion to contruct open deck ad-, dition with an insufficient] rearyard setback. Property~ Location: Southwest corner,![ Intersection of Oak Drive and Haywaters County Tax Map Parcel ID No..1000.104-5-25,.This parcel is nonconforming at 19,602:1: sq. ft. in, this R-40 Zone District.. , ' 'r 7. 8:00 p.m. ApPl. NO. 4180- JOAN AND ROY BERMAN. Variance to the Zoning Or- dinance, Article IIIA, Section 100-30A.3 for permission to construct addition to ac- cessory storage-garag~ building which was recentlyi altered under Permit No. 20895 issued 8/18/92. Propos- i". ed addition',w6Uld reduce th~ required frontyard setbackl and would be in excess of 20070 lot coverage limitation for all buildings. Property Location: 520 Rabbit Lane, East Marion, Ny; County Tax Map Parcel ID No. 1000.31-1841. Thisi property is nonconforming at 26144- sq. fi. in this R-40 Zonel District. · 8, 8:05 p.m. Appl. NO. 4039-1 CLIFFSIDE ASSOCIATES,i INC. (Owner). This is a re- quest which concerns thel April 26, 1991 and April 9, t 1991 Notices of Disapproval! issued by the Building Inspec- tor c6nceruing an application' . for permit to include kit- chenettes m motel umts c~tmg)' Article III, Section 100-13 ,which is the Del'tuition Section of the Zoning Code pertaining to the April 9, 1991 N ~f Disapproval which '"...hotel or motel transient which says in part that there will be no cooking facilities...;' and pertaining to the April 25, 1991 Notice of Disapproval which reads, ':..hotel or motel resort. Ac- tion required by Zoning Board of Appeals to permit cooking facilities in individual motel units..." The subject premises previously had received a con- ditional determination for a Special Exception filed/'/ 11/28/89 under Application No. 3542 for use of the premises for 68 motel units without individual kitchen- ettes or dwelling uses. Loca- tion Of Property: 61475 C.R. 48, Greenport, NY; County Tax Map Parcel ID No` 1000-0454)1-001 and 002 (now 2.1), containing approximate- ly 7.5 acre. The subject premises is located in the Resort-Residential (RR) Zone District. 9. 8:10 p.m. Appl. No. 41'81- AABR REALTY Facilities Holding Corp., a ~ C Not- For-Profit Corporation (now or formerly known as "Association for the Advance-~ ment of Blind and Retarded,~ Inc2') as Contract Vendee, quest a Special Exception as per the Southold Town Zoning Code, Article III, Section 100.31B for use as a philan- thropic home as provided by Subsection 5 thereof. Propes- ty Location: South side of Middle Road near the end of Highway 48, House NO. 6760, Mattituck, NY (present owners: Joseph and Patricia Stiefer). County Tax Map Parcel ID No. 1000.~21-4-8.1,, containing 13+ acres. 10. 8:20 p.m. Appl. No. 4183- JOHN AUSTINE.' Variance to the Zoning Or,' dinance, Article IIIA, Section 100-30A.4 for permission to~ locate accessory one-story garage building partly in the side yard with a setback at ap- proximately five feet from the southerly side property lin~ Location of Proerty: ~735 Deep Hole Drive, Mattituck; Lot No. ~4, Map of Deep Hole Creek Estates. County Tax Map Parcel ID No. 1000-115-16-20. This property js.~ubstandard in size at 21,710 sq. ft. in this R-40 zone District. 11. 8:30 p.m. Appl. No. 4120- MATTITUCK AUTO CENTER, INC., and WILLIAM GOODALE. Variance to the zoning Or- dinance, Article XX1, Section 100.212B for relief from the front yard landscaping provi- sions of the zoning code .Location of Property: 7655 NYS Route 25 (Main Road), i Laurel, near Mattituck, NY; / County Tax Map Parcel No. / / 1'2. 8:30 p.m. FINAL HEARING on Appl. No. 4119SE-MATTITUCK AUTO CENTER, INC. and. WILLIAM GOODALE. Special Exception to the Zon- ing Ordinance, Article X, Sec- tion 100.101B(12) for a permit authorizing: (a) a new c,~ sales-rental establishment; Co) an establishment of an ac-/ cessory use incidental to the proposed new car sales establishment for the sale' and/or lease of used vehicies~ (c) outside display of vehicles for sale; (d) accessory office use incidental to the new prin- cipal use as a new car sale~ establishment. Location of Property: 7655 Main Road (NYS Route 25), Laurel, near Mattituck, NY; County Tan Map Parcel ID No` 1000-122-6-30.1. The Board of Appeals will at said time and place hear any and all persons or represen- tatives desiring to be heard in the above matters. Writte~ comments may also be sub.- mitred prior to the conclusion' of the subject hearing. Each hearing will not start before the t!m~s designated above. If you wish to review the files or need t~ request more informa- tion, please call 765-1809 or visit our office. ~ : Dated:"July 6, 1993 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski .:.. . IX-7/8/93(16) COUNTY OF SUFFI~LK S FA'I'["_ OF NEW YOP, K Patricia Wood,' being duly sworn, says that she is the Editor, of. THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; an_.d that the notice of which the annexed is a printed copy, bas I)een published in said Long slant "raveler-Watchman O',~ce each .Week for ~ ~.:.L ..... /~ . w~k~ SUc~essiv.ely, commencing °n the ......................o day of .............. ~ 19 .... ; Sworn to before me Ibis ..................... day o~ Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, Sta!e of i'~ew York No, 4806346 Qualified in S'uRolk County Commission Expires APPEALS BOARD MEMBERS Gerard R G°ehringer, Ch,b-man Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 6, 1993 TO WHOM I~'MAY CONCERN: Enclosed with this letter is a copy of the Legal Notice, as published in the Town's official newspaper (Long Island Traveler-Watchman, Inc. located in SOuthold, NY). The Legal Notice outlines a generalized, description of the relief or use requested in your application, the location of the property, and the time, date and place of the public hearing. Please have someone appear in your behalf at the time specified in the event there are questions (and to prevent a delay in finalizing your application). Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. If your presentation is lengthy, a draft or final written copy is always appreciated. In the event you wish to amend your application to include other relief and other sections of the Code to be considered, you must file separate application forms, obtain a new Notice of Disapproval from the Building Inspector, and submit the additional filing fee. ' You must notify our office prior t° the advertising Of the present application for the amendments. Once the application has been advertised, a separate application would be then be required for additional relief. Please feel free to call our office if you have any questions or wish to update your file prior to the hearing date. Yours very truly, EnClosure Linda Kowalski PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD.. July 22, 1993 Pres e n t : (7:30 p.m. Hearings Commenced) HON. GERARD p. GOEHRINGER, SERGE DOYEN, Member JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member LINDA KOWALSKI, Chairman Clerk-Assistant to Board Board of Appeals~ 23 July 22, 1993 APPL. NO. 4178 - JAMES and DOROTHY FITZGERALD. Variance to the Zoning Ordinance, Article XXIV, Section 1002244B (schedule pertaining to nonconforming lots) for permission to construct open deck addition with an insufficient rearyard setback. Property Location: Southwest Corner - Intersection of Oak Drive and Haywaters Drive, Cutchogue; County Tax Map Parcel No. 1000-104-5-25. This parcel'is nonconforming at 19,602+- sq. ft. in this R-40 Zone District. 8:00 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a sketch of the property line. The nature of this tract --I was going to say trapezoidal--but it is really like a -- BOARD VOICES: It is. THE CHAIRMAN (continuing): -- and approximately 25 feet 6 inches by 28 feet 6 inches; and a copy o~ the Suffolk County Tax Map indicating this and other surrounding properties in the area. .How are you this evening, sir? Appearance: James Fitzgerald, Applicant pro se. MR. FITZGERALD: I am fine. THE CHAIRMAN: My question to you, now that we see you here representing yourself. Usually, you are representing other people. I did peer through the trees. I did not necessarily walk on your property and did notice the deck and I don't have Board of Appeals 24 July 22, 1993 any particular questions. We will ask the Board if they have any questions of Mr. Fitzgerald. MEMBER VILLA: Going to remain unroofed? MR. FITZGERALD: Unroofed, yes. THE CHAIRMAN: My only concern, and I just wanted to mention to you is on the storage building, which I know is not the necessary nature of this application, but I believe that the restriction is five feet now, so you might want to check that before you-- MR. FITZGERALD: I.have changed this in order to minimize the number of trees that would have to come down, too. Six feet on the side and 10 feet on the rear, so it is more than five. THE CHAIRMAN: I Just didn't want you to build it and then have to'come back here and pay another fee, okay? Does anybody have any specific objections or questions of Mr. Fitzgerald? Is there anybody in the audience who'would speak either for or against this application? (There was no audible response.) THE CHAIRMAN: Seeing no hands, I will make a motion granting it as applied as long as it remains unroofed. (Motion seconded and carried; see Clerk's minute record.) ~,~HE CHAIRMAN: Have a lovely evening, sir. MR. FITZGERALD: Thank you, you too. 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION ('re be comr)letect by A0!~licant or Prolect slaonsor) 1. APPLICANT/SPONSOR I ~' PROJE;T, NAME ~- James E. Fitzgerald, Jr. F~=zgera~ Deck 3. PROJECT LO~TION: ~u.~c,~,~ C~tcho~e cou.~ Suffolk 385 Ha~aters Drive, Cutcho~e NY 11935 SEQR 5. [S PROPOSED ACTION: Construct open wooden deck, approx 620 sf. Initially N~A ' acres Ultimately N/A acres AMOUNT OF LAND FFECTED' E. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER ~ISTING ~NQ USE RESTRICTIONS? ~Yes ~NO IfNo, desc,i=e=riefly Vari~ce from zoning regs will be required due to insufficient setback from property line. 9. WHAT IS PRESENT ~"D USE IN VtCINI~ OF PROJE~? . ~'edlum-alged~ medium denal~y ~ealdenglal ~No Ifyes, lislagen~siandpe*miua=;r=vals Southold Tom Building Dept I CERTIFY THAT THE INFO ATIO~ PROVIDED A8OVE IS TRUE TO THE BEST OF MY KNOWLEDGE /i - -,,y, -- / I~}t~ action is in the C~/o.~ ~,tal Area, and you are a state agency, complete tile --Coastal Assessment Form before proceeding with this aSSessment OVER 1 '{Conl:inued on rever'se side) The N.Y.S' Environmental Quality Review Act requires of th&s for~, and an environmental review will be made by submission before any action is taken, th~s board (a) In Order to answer the questions in this short EAF it is assumed that the prepare.r 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. characto-~ of the coT · pro~ ~ Preparer,s $ignature~ (d) ~nvironmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? ~_Yes :~___NO 2. Will there be a major change to any unicue or un~ual land form on the site? 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? 5.Will project significantly effect drainage flow on adjacent sites~ 6.Will project affect any threatened or endangered- plant or animal species? 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 community? . .,, 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? ~es .~No 10. Will project have a m~jor effect on existing or future recreational opportunities? ~Yes .~No ll. Will project result in major traffic problems or cause a major effect ~o existing transportation · ' ' systems? 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 hea~th or safety? ___Yes _~No 14. will project affect tho existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year ~Yes o period or have a major negative effect on the _~N ~r neighborhood? FITZGERALD * It is intend that application Building Department for a permit to install an accessory storage shed; size and location are shown on enclosed plan. QUESTIONNAIRE 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 interests: (Separate sheet may be attached.) James E. Fitzgerald. Jr. Owner Dorothy Fitzgerald 0wneu B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? { } Yes { X} No. (If Yes, pl~ a~-h c~p!~ "cond/~m~s" of sale.) C. Are there =~:yl~rupo~als tD =hange uA alter land cuntour~? { } Yes {X} No D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? N/A 3. Is the property bulkheaded between the wetlands area and the upland building area? N/A 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? No (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fen=as which e~=t and are not ~hown un the survey map that you ar~ submitting? ..None If none exist, please state "none." ~. Do you have any construction taking place at this time concerning your premises? None ~ 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 also own other land close to this parcel? No If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel Private residenG$ and proposed use ~"~ ~te residence § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L..No. 6-1984] Tv*ETL.~'qDS [Amended 8-26-76 by ru.L. Ne. 2-1976; 3-26- ,~? ~I'DAL WETLANDS: -' (1) 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, flats or other low lying lands subject to tidal action; (2) Ail banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which gro~vs or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall eordgrass, high bush, cattails, groundseL .marshmallOW and All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wet{and. Bo FRESH%VATER %VETLANDS: (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 the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet }andward of the most land- ward edge of a "freshwater wetland." 9705 z.~-s.ss COUNTY OF SUFFOLK J~m SOUTHOLD FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL / ~.~.~ ~..~...e.4.. ........ · ...%-~..~...~..,~.,...~ .~.~..~.~7 ....... PLEASE TAKE NOTICE that your application dated ...,~...I.g. ........... 19 .~ ~.. for permit to ~..d~..%,....c~..e~e,... p..~.~...~.~.' ........................... at Location of Property ..~.~.,~-'....~..~..~.~.....~.:. .~ ..................... House No. ' ' Street Ham/et County Tax Map No. 1000 Section .... ./.o. ~. .....Block .... ~.~.- ....... Lot ...~-. ~.~ ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds. ~.~'t.~ ~..~.~ f-~-~ ./.0'~:.~..~. ~/ .... . ......... .... .~..~..'.~. ~..~..C4e..~.~..,,.~. ~,4~,~....z. ~. ~.. ~...z~. Building Inspector RV 1/80 ................................................. dH[TESTb&E hY 115~7 ~ ......................................... .......................................... d~LLESL~¥ ~A (,21~1 (~ p,-BO R-80 R -80 LITTLE BAY Agricultura Residential Residential Residential Residential Residential Hamlet Der Resort/Res Residential, '- " 047243 JUDm. I T. TERRY, TOWN CLERK RECEIPT Town of Southold Southold, New York 11971 {'~ -- Phone: 510-765-1801 . DATE _~ ,~ 19 ~,~ o~J"ECK '"~ ~/ ,¢- L~I-"~,~ ~,~" BOARD OF APPEALS, TOWN OF $OUTHOLD In the Mailer or the Petition of JAMES E. FITZGERALD, JR. to the Board of Appeals of the Town of 5outhold TO: Ms. Meta Downs Erickson 725 Mason Drive Cutchogue, NY 11935 Mrs. Florence L. Parker PO Box 154- Cutchogue, NY 11935 NOTICE TO ADJACENT PROPERTY O~ER Mrs. Linda Duffy Markham 43 Woodridge Road Wellesley, M~ 02181 YOU ARE HEREBY GIVEN NOTICE: 1. Th.~lLit.i~intention of lhe undersigned to pih~io~n the Board of Appeals of the Town of Southnld to request ~.~a~ance~Special Exception)(Special Permit) (Other) [circle choice] ). 2. That the property whkh is the subiect of the Petition is Ioc~ted adjacent to your property and is des- cribed as follows: 385 Haywaters Drive 3. Tha, :he p~ty which is the subiect of such Petition is located in the following zoning district: 4' Thai b~ such Petition, the undersigned will request the following relief: Permission to construct an open wooden deck as Shown in the attached drawing; relief requested, is to construct with less than required rear yard setback. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are ~rt_tcle III Sect-ton 100-~0 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the retief 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 ih 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 gwr~rs,Names:.5~ s l~,. Fitzgerald, ~OfficeAddress ~Box 791 "' Cutcho~e, ~.11935 Tel. No. ~516 ) 734-7424 Jr. attached for convenience [Copy of sketch or plan showing proposal to be purposes.] NAM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 256 704 523 Receipt for Certified Mail NO Insurance Coverage Provided (See Reverse) Meta Ericks on s~2~ ~ason Drive ~os,m~,~ 4~ \k)~~ \- ' P 256 704 54& Receipt for Certified M;,il No Insurance Ceverage Prov4~ed (See Reverse) sen~lorence Parker 154 ~°O~%~,~e, i'¢Z' 11955 Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered P 256 704 547 F:,Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) S~fnda Markham s'~n%~bodridge Rd ~'~/'~T~¢~'~.~, ~ 02~81 Certified Fee STATE OF NEW YORK ) COUNTY OF SUFFOLK) James E. Fitzseraldt Jr. ,residing at 385 Haywaters Drive Cutcho~:ue ~ ~ 11935 , being duly sworn, deposes and says that on the ~ day of June ,19 9~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set oPpoSite their' re~pe'-CtiVe i ~ names; that the addresses set opposite the names of said persons are rhe addresse~ Of said persons as shOW~ ~ :i~ '~ ' the current assessment roll of the Town of Southold; that said Notices were mailed at tiler-Ur, flceat Outehoguee If~ 119~:5 ;thatsaidNotic/.es~remailed?~e"e~.c~h- (certified) (lle.!~a~leralil3~ mail.. Sworn to before me this ~. : day o,/.. :'~L)t~.'P_.. , i9 ~ Notary Public JANE R. MINERVA NOTARY PUBLIC, State of New York N0 4853108. Suffolk C0unty Commission Expires February ].8, (This side does not have to be completed property owners.) on form transmitted to