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Home My WebLink About4190 APPEALS BOARD ~MBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD 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 Appl. No. 4190. Upon application of JOHN AND MARIE S. SHACK for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct deck addition within 75 feet of bulkhead at Pipes Cove, Greenport Shores. Property Location: Shore Drive, Greenport, Greenport Shores Combined Lot Nos. 16, 17 and p/o 15; County Tax Map Parcel 1000-47-2-26.1 (prev. 26). The subject premises is substandard in size and is located in the R-40 Low-Density Residential Zone District. WHEREAS, a public hearing was held on September 20, 1993, at which time all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application;· WHEREAS, Board Members have personally viewed and are familiar with the premises in question and properties in the surrounding (R-40) zone district; WHEREAS, the Board made the following Findings of Fact: 1. By this application, appellants seek a variance under Article XXIII, Section 100-239.4B for approval of an open deck addition/extension at the rear (southeasterly end) of the existing dwelling, all as shown on the sketch as amended and prepared by the applicants. The dimensions of the deck are proposed at 14'0" by 22'0" wide, which will leave a 40 ft. setback from the existing bulkhead. A six-foot wide step area is proposed for a depth of 18" to 22" (for two or three steps) off the rear of the proposed deck. There will be no reduction in either sideyard, and only a part of the deck, and entire step area, protrudes past the rear of the house towards the bulkhead. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 47, Block 2, Lot 26.1 and contains a total lot area of approximately 14,250 sq. ft. ~ 2 - Appl. No. 4190 ~ter of JOHN AND MARIE S. SHACK /cision Rendered September 20, 1993 3. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which = ~l~a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. The setback of the dwelling as exists is presently nonconforming at approximately 43 feet from the bulkhead at its closest point. The dwelling was constructed prior to 1972 and preexists this Local Law (which first became effective in March 1985). 4. In considering this application, Board Members find: (a) the relief requested is not substantial in relation to the existing established nonconforming setbacks existing on this property and nearby waterfront area. (b) this proposed construction is strictly for an open deck addition without a foundation or basement and without a screened or permanent-type enclosure. This type of construction is not considered major and will not affect the stability of the soils seaward of the house; ~. (c) the relief requested will not alter the essential character of the neighborhood - the topography of parcels in the immediate area have significant differences in topography, shape and character in relation to the creek shorelines, however, each are bulkheaded near the ordinary highwater line to aid in the prevention of erosion Or other disturbance to the natural ground; (d) the practical difficulties claimed are uniquely related to the property and are not personal to the landowner; (e) the grant of the relief as requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to the neighboring properties; (f) there is a greater benefit afforded to the property owner than the public, although the reduction from the existing nonconforming setback is minimal as requested, and there will not be a detriment to the health, safety, and welfare of the neighborhood or community by the grant of this variance; (g) the benefit sought by the applicants cannot be achieved by some other method, feasible for the applicant to pursue, other than an area variance -- particularly in light of the established nonconformities in this neighborhood; ~ 3 - Appl. No. 4190 ,',':er of JOHN AND ~3%RIE S. SHACK .~i$ion Rendered September 20, 1993 (h) in view of all the above, the interests of justice will be served by the grant of the requested relief as requested and conditionally noted below. Accordingly, on motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED, to GRANT the relief as requested in the Matter of the Application of JOHN AND MARIE S. SHACK under Appeal No. 4190 for a proposed open deck, SUBJECT TO THE FOLLOWING CONDITIONS: 1) the setback shall not less than 40 feet from the existing bulkhead, except that a 18" to 22" (maximum depth) area at a width of six feet may be added at the rear of the deck. step 2) the deck shall remain unroofed and unenclosed at all times {no temporary enclosures such as screening}; 3) outdoor lighting which may be proposed shall be shielded toward the ground so as not to glare onto nearly lands. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk RECEIVED AND FILED BY THE SOUTHOLD TOV~N CLERI~ DATE _ HOUR APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road PO. 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 MONDAYt SEPTEMBER 20, 1993 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4190 - JOHN AND MARIE S. SHACK for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct deck addition within 75 feet of bulkhead at Pipes Cove, Greenport Shores. Property Location: ' Shore Drive, Greenport, Greenport Shores Combined Lot Nos. 16, 17 and p/o 15; County Tax Map Parcel 1000-47-2-26.1 (prev. 26). The subject premises is substandard in size and is located in the R-40 Low-Density Residential Zone District. 2. 7:35 p.m. Appl. No. 4161 - BARBARA KUJAWSKI. Application for a Special Exception for approval of an Accessory Apartment in conjunction with the principal dwelling use and residency by Page 2 - Notice of~rings Southotd Town Boar~f Appeals Regular Meeting of September 20, 1993 the owner (owner occupancy) and subject to the provisions of Article III, Section 100-31(14). Location of Property: House 9125 (per Town Records) at the north side of Sound Avenue, which parcel commences at a point approximately 51 feet east of the Riverhead-Southold Town Boundary Line, extending 195.18 feet along Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-120-1-2.2. This property consists of an area of 40,241 sq. ft. and is located in the Agricultural-Conservation (A-C) Zone District. 3. 7:50 p.m. Appl. No. 4184 - CHARLES H. LEWIS (carryover from the August 18, 1993 hearings calendar). Application requesting a Variance as provided by New York Town Law, Section 280-A requesting standards of minimum improvement to the traveled bases of two separate (private) rights-of-way for safe and sufficient access by emergency, fire and other vehicles located as described below: Access to Lot No. 1, as modified, with its proposed access over a right-of-way extending from the westerly side of Lighthouse Road, Southold, NY, over premises now or. formerly of Pantel, referred to as Parcel #1000-50-3-3.4, and over premises now or formerly of Suffolk County, known as Parcel #1000-50-3-3.1o ' Pa~e 3 - Notice oflarings · Southold Town Board"of Appeals Regular Meeting of September 20, 1993 Access to Lot No. 2, as modified, with its proposed access over a right-of-way extending from the northerly side of Sound View Avenue, Southold, NY, in a northerly direction over lands now or formerly of Regan, Lindermayer, Stanley, Kudinka and/or Garcia and Sileo, referred to as Parcels #1000-50-3-16, 7, 8, 23, 9 and/or 19.1. The subject lot requiring Section 280-A approval is shown as new subdivision Lot No. 2 as modified and further identified as County Tax Map Nos. 1000-50-3-14, 15, and 16 for a total combined area of 2.2612 acres, and which is pending before the Southold Town Planning Board for re-division into two lots. 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 765-1809 or. visit our office. Dated: September 7, 1993.' BY ORDER OF THE SOUTHOLD TOWN BO~=RD OF APPEALS GERARD 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 ..../.~..,~...~..~ ........ · .~....~~.....~.~. i.. <.<..~.~.~. PLEASE TAKE NOTICE that your application dated .. ~... L~cation of Property .<:~.~ ~ ~, House ~o. Street County Tax Map No. I000 Section ..... ~.~. .... Block .. ~ ....... Lot .. ~.,.~ ..... Subdivision ................. Filed Map No. : .......... Lot No .................. · ..; ........ ~ .............. ; ..... ~.~. ~~~. ~.. ......... · ..... ..'..: .......... .... ~~ ..... ~ .~ ~.~~ ~ ~ ~ '/ -: .... . .... ~ .... ~ ........ ..... ~ ...... ~ .... ~=:~ ~ .............. ~ .............. ~ ........ ~"~ ....... ~~ .... ~..~: . . ~. ~~.~ ~.~~ .............. ~ .... ~ ~ ~ . . Inspector RV 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTltOLD. N.Y. 11971 TEL.: 765-1802 BOARD OB Hr'AL'tit ........ 3 SETS OF PLANS ........ SURVEY ................. CI1ECK .................. SEP,r I C F 0 R,'I ............ (Build ng Inspector) APPLICATION FOR BUILDING PERMIT .INSTRUCTIONS a. Tiffs application must be completely filled in by Wpewriter or in ink and submitted to the Building Inspector, with sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or publ/c sti'eet or a.reas, and giving a detailed description of layout of property mu~t be drawn on the diagram which is part of this appl! 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 perm/ 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 Occupanc. shall have been granted bY the Building Inspector.. ' APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to tht Building Zone Ordinance of the Town of Southold, Suffolk CounW, New York, and other applicable Laws, Ordinances Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The appl/cant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and tc admit authorized inspectors on premises and in building for necessary i~nspections. // fi'/ / . · · · v' -- ' · (S~=nature of a~plicant, or name, if a corporation) (Mailing address of appliceant) State whether applicant is owner, lessee, agent, architect, engineer, generai 'contractor, electrician, plumber or builder. .. ~ ...........O.~.O.~7 ...........' .........' , N.~me ofownerofpremises..~..O!').lO..~., .~./~t~.I~.,~.~.,,..~.']i)A~.L ' *.- .. (as on the tax roll or latest deed) If applicant is a corporationl signature of duly authorized officer. (Name and title of corporate officer) Builder's License No... 1.3.( .O..~..'~e[. [ .... . ...... Plumber's License No ..... ~)..//[ . . . -. ......... : : ' EIectricia~'s License No .... /~-'//... ' ' ' Other Trade, ieense Location of land on which proposed work will be done ..................... ~ .......................... House Number . Street Hamlet County Tax Map No. mock .... .7. ........ :... Lot. C.a GJ ....... I000 Section (Name) ...................... State existing use and occupancy of premises and intended use and occupancy of proposed construction: b. Intended use and occupancy . '3. Nature Oliwork tcheck w~ich ' ~ ', ' PP icable): New Budding ~,' th._, Repair .......... Addition ¢:C, .-. Alteration ..... .............. Removal .............. Demolition .... : ......... Other Work ............. 4. Estimated Cost .... :q;.~ O,? · · . .... ;. (Description) ................ Fee (to be paid on filing this application) 5. If dwelling, number of dwelling units ....~...~.. ....... Number of dwelling units on each floor .-.. . If garage, number of cars ..... :-... ;; .......................... If bus tess conmerca orm xedocctpancy, spec fy natt re and extent ofeach type of use ................... 7. Dimensions of existing structures, if any. Front ..~.. tleight Nm ' ' .A .... Rear .............. Depth ............. ............... , hoer of Stories ..... I.'. ....... ... Dimensions of same structure w th a terations or add tions: Front ..... Depth ... ' ' ' ' Ileight ....... ' ............. Rear 8. Dimensions of entire new construction: Front ~.~.~' ~>?.~.u.',Z~ umber of Stories ........... ~' t, ..... a ....... Depth .......... e~gh ............... Number of Stories ........... ' ..................... 10. Date of Purchase ...... Depth .....' ........ °'~ .... 1 1. ' ............................ Name of Former Owner .............. Zone or use district in which premises are situated ........................ ; .................... ~. Does proposed construction violate any zoning law, ordinance or re ulat: ............ · ' '. ....... , ............. Ydl excess fill be remOVed from rcmtse: 14. Name of Owner of premmes ..... .~.~ ....... Address ;. P _~ ~,,}s Yes Name of Architect ................... ~'. · Address 'Phon Name of Contractor .-~-.¢t ' · - · .................... e No... · ,,.t£ yes, Southold Town Trustee ...... ---7-' '~:tes ........ (t4~.). .... '' ' .... PLOT DIAGRAM ' ' Locate clearly and distinctly all buildings, Whether existing or proposed, and. indicate ail set-back dimensions from property l/nes. Give street and block number or description aCCording to deed, and show street naraes and indicate whethe: interior or corner lot. STATE OF NEW YORK, COI/NTY OF . .S.$ / . ~ / ,~ .... t ' ' ','3.' ' '~,/ / . . · ..}(... ....... ~,,r./Q.~./.e'~....O.~...O./.7.d?...C~/.(,_. .'. .. being duly sworn, deposes and says that he is the applicant ; (Name of individual signing contract) xbove named. le is the ...... . ...... C2....LM. lx~.~,..,[~ ..... (Con_facto:., agent, Corporate officer, etc.) ............. "'. ............ f said' owner or owners, and is duly authorized to perform or have performed tile said work and to make and file this pplication; that all statements contained in this application are true to the best of his knowledge and belief; and that the 'ork will be performed in the manner set forth in thc application filed therewith. ' worn to before me this '. ............. . .day of: ..... . ..... 19 .~..~ · (/ o , '"' y z.. ?.,, .' JOYCE M. WILKINS ..... ; ;...Z~.?'~,/,_Z. y, ' , .- No 49522.46, Su,'notk Cou?),.~. · · tr,.'__~.' .......... ~?~rr. E×t: r~ & no 19., 1 ~_~. '5 t..a:g-a/ure of applicant) R EC, EIV~D APPEL FROM D~CISION OF ~UILDING INSPE~O~ APPEL NO ..... ........ TO THE ZONING BOARD OF APPEALS, ~OWN OF SOUTHOLD, N. Y. 1, (w~) ............ ~ ............ r .......... .~ ........................................... ~ .................................................. Name of ~ppeiiont Street and Number .............. .~'"'";X~'~'i~;¢;i~ ................................. s~t. THE ZONING BOARD OF APP~LS FROM THE DECISION OF THE~UILDING~/(. I,NSPE~OR_ ~ ON A~u~Z~ON ~ P~M~Z NO ..................................... ~ ....,.......~ ........ ~._.....~ ................./~ WHEREBY THE BUILDING INSPECTOR DE~IED TO Name of Applicant for permit ..............................................s.~.~ ~.d N.~b~, '~i~;~i~'"T ........ ~'"g[;;;"t .................... () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY , ~a~ S~re.t /H~mlat / Use'District on'Zoning Ma~ D~str~ct lO00 Sect~ono~?Block ~Lot J/_d . _ ~{ .._ :kCX . .................................................. ~urren[ ~neP ~ ~ ~ G ~ ~J~S J 2. PROVISION (S) OF THE ZONING ORDINANCE APP~LED (IndicQte the Amicle Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the O~dinonce.) PE OF APPEAL Appeal is m~de herewith for (please check appropriate box) A VARIANCE to the ~ning O~di~nce or Zoning ( ) A VARIANCE due ~o look of access (State of New York T~n Law Ch~p, 62 Cons. Art. 16 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 ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appea! No ................................. Dated ..., ........................ , ........................................ REASON FOR APPEAL ( ) A Variance to Section 2BOA Subsection (~') A Variance to the Zoning Ordinance ( ) is requested for the reason that ~t~c~ F~m (Continue an other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because -IV " , , ~ ~' (I~ ,' .... 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 NOT CHANGE THE CHARACTER OF THE DI:~Ii<ICT because ' STATE OF NEW YORK COUNTY OF SS ......... ::::::::::::::::::::::: .... Signature Sworn to this c~ ~ day of ............~.f/.~6.~,.~...~., ...................... 19 P~i // / (] Notary Public J(~FC~ M. INII. K~ Notary Publl~, ~t~te of Ne~ Ymtl No. 495224~, Suffolk Term Expire~ June 12, ~,~ a - .v' ?-- ,~ *-,2. ~. ,~ TOWN OF SOUTHOLD OWNER PROPERTY STRE~ ]'~5 S VILLAGE E W RECORD CARD /~i ~,(~ D,s~. ~,~ ' SUB.. Lord, ACR. :' ~'~ ,~0 I ~PE OF BUILDING RES. ,~,j~ SEAS. COMM. CB. MISC. Mkt. Value LAND IMP. VL FARM TOTAL DATE AGE BUILDING CONDITION NEW NORMAL: BELOW ABOVE FARM Acre Tillable 1 Tillable 2 Value Per Value Acre Tillable 3 Woodland Swamplond Brushland House Plot FRONTAGE ON WATER FRONTAGE ON ROAD DE, PTH BULKHEAD DOCK ' COLOR M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer Driveway '¢'-/0 Floors [nterior Finish Heat Rooms 1st Floor Rooms 2nd Floor PIPES ., .COVE SCALE: EDWARD F.. WILLIAMg I~JILDIN G CONTRAGTOR IISO ~EAWOOD DRIVE ~Ol, l~, N.Y. 1191'1 :j,,j_~-_r,LT-..j,L.O.T..~iUI~IBF. I~':,' SlIOWN..I,?.EFI:.P. ru g_LJARAI~I E~D .TO 111L CIdt/",r ;() T I !~ t. H,I',,! "4.,~ k!~ T ~. · ' ' .................':. JL.'!.:F- 4.;~)"' "P. ODEPdCI< V/~lq 'LJY~ t", '~ L..~ ,'...o ~ICENSED LAND ~'SLJD. VI-',',L)J,!:5 t:~{ Etlt 0~,I ~', APPEALS BOARD MEMBERS C~erard lq. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 30, 1993 SCOTTL. 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. John Shack 1265 Shore Drive Greenport, NY 11944 Re: Appl. No. 4190 - Variance Dear Mr. and Mrs. Shack: Please find attached for your records a copy of communications received today from the Suffolk County Department of Planning in response to our referral under the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, etc. You will note that the County has left this project for local (Town) determination. This copy is for your update and record. Very truly yours, Enclosure Linda Kowalski DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE HAROLD J. WITHERS, PH.D. DEPUTY DIRECTOR September 27, 1993 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) 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) Shack, John & Marie S. 4190 Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Rober~ A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEAT-q TOWN OF SOUTHOLD PUBLIC HEARINGs BOARD OF ZONING APPEALS TOWN OF SOUTHOLD September 20, 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 Present : (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, Clerk-Assistant to Board Chairman ZBA Hearings 2 September 20, 1993 Appl. No. 4190 4161 4184 I N D E X Applicant JOHN AND MARIE S. SHACK . BARBARA KUJAWSKI. CHARLES H. LEWIS. Pages 3-7 · 3l, 8-30 ZBA Hearings 3 September 20, 1993 ApD1. No. 4190 - JOHN AND MARIE S. SHACK for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct deck addition within 75 feet of bulkhead at Pipes Cove, Greenport Shores. Property Location: Shore Drive, Greenport, Greenport Shores Combined Lot Nos. 16, 17 and p/o 15; County Tax Map Parcel 1000-47-2-26.1 (Prev. 26). The subject premises is substandard in size and is located in the R-40 Low-Density Residential Zone District. 7:32 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: This hearing on the agenda is on behalf of John and Marie Shack. I have a copy of a survey dated or amended June 25, 1990, from Roderick Van Tuyl, P.C., indicating the approximate placement of the house which is a little more toward the westerly side of the property, and the application that is before us is a deck facing --in this particular case is shown as Pipes Cove, and the deck is question is approximately 14 feet in depth, 28 feet in length across the rear of the house, with a little cutout where the addition to the house exists and is presently a part of the house, and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. How are you tonight, sir? Is there something you would like to add to this? Appearance: Edward Williams, Builder, for the Applicant. ZBA Hearings 4 September 20, 1993 MR. WILLIAMS: Well, I am here to introduce, this ks Mary Sayegh, former owner of the property. THE CHAIRMAN: How do you do? MR. WILLIAMS (continuing): And the mother of Marie Shack. She is the expert on the property. THE CHAIRMAN: Okay. MR. SAYEGH: My daughter is applying for a variance to enable her to build a deck. THE CHAIRMAN: Yes. MRS. SAYEGH: There is at the present time a concrete patio which covers most of the area where she wants the deck; but she has got children and they are growing and she needs a little bit more room, and we all like decks nowadays, it seems. Even the priest has a deck, so we hope you will look on it favorably and give her permission to build a deck so Mr. Williams can start working. We want to keep them employed. THE CHAIRMAN: Okay. Can I just ask Mr. Williams a couple questions. How high off the ground is the deck going to be? MR. WILLIAMS: With the approximately two steps, sixteen inches, sixteen to twenty-two inches. THE CHAIRMAN: Now on these steps that go down toward the water, they are two eighteen-inch steps or one eighteen-inch step? I mean two steps including a total of eighteen inches? MR. WILLIAMS: You have the deck with stepdown eight and eight. ' ZBA Hearings 5 September 20, 1993 THE CHAIRMAN: THE CHAIRMAN: and then eighteen again? MR. WILLIAMS: THE CHAIRMAN: MR. WILLIAMS: the water 22 inches. THE CHAIRMAN: MR. WILLIAMS: THE CHAIRMAN: going to be about 38. MR. WILLIAMS: THE CHAIRMAN: inside of the bulkhead, MR. WILLIAMS: THE CHAIRMAN: actual width? MR. WILLIAMS: Okay. So it would be eighteen on the tread The tread would be about ten inches. Okay. It would stick, it would be going to Okay, 22 inches total. Yes. So instead of actually being 40, How is that again? Instead of being 40 feet from the it is going to be about 38. Correct. But those steps are only 6 feet in it is Width. The last interchange only because it is easier to walk onto the deck and straight into the sliding doors. It is not written in stone, you know. THE CHAIRMAN: Does anybody have any questions of this nice lady? Or of Mr. Williams? (There was no response.) THE CHAIRMAN: MR. WILLIAMS: MEMBER VILLA: This will remain unroofed, right? Yes. What was the question about the steps? ZBA Hearings 6 September 20, 1993 THE CHAIRMAN: The steps are going to protrude out about 22 inches from the deck. MEMBER VILLA: But they don't go down toward the water. THE CHAIRMAN: Yes, they do. He said it was a last-minute change. We will show it to you when it comes back down this way (referring to sketch plan passing down Board). (Off the record on another matter, request for use of courtroom.) THE CHAIRMAN: Surely; we will change rooms with you as soon as we finish this hearing. THE CHAIRMAN: Any questions on this? MEMBERS OF THE BOARD: No. THE CHAIRMAN: I don't have a particular problem with this application. Does anybody have any problems with it? Bob? MEMBER VILLA: I don't have a problem. I just, the one statement said something about all the neighbors are as close. From what I could see, the other neighbors are further back than this, but I don't have too much of a problem with it. THE CHAIRMAN: I will make a motion granting the deck as applied for, with the provision that the steps only remain six feet in width and not protrude any more than 22 inches, and that the, out into the 40 foot area, and that it remain unroofed. Excuse me, I apologize for this --This light I usually turn off. It causes such a glare problem and it is ZBA Hearings 7 September 20, 1993 bothering me-- and any lighting being used for the deck be shielded. You got it. MR. WILLIAMS and MRS. SAYEGH: THE CHAIRMAN: You're welcome. Thank you. Good night. APPEAT -q BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton 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 9/15/93 Updates for Board Members: Re: Shack Appeal - Hearing for 9/20 Please find attached copies of amended sketches and amended survey sketch which shows an additional 18" area for steps on the bulkhead side of the proposed deck instead of where the existing steps are. Re: Goodale Special Exception - Mr. McLaughlin stopped by to say he served Town Clerk at 2:15 p.m. today with Art. 78, and that he plans to file for a Special Exception for the leasing of new and used cars as a main use. Re: Kujawski Appeal - Hearing for 9/20 Mrs. Kujawski has agreed to Mr. Lark's request to postpone the hearing pending settlement of their private disputes. She will send a letter confirming this request for postponement (without a new date until further notice). t PIPES, ,. COVE EDWAAI~ E. WIUJAM~ BUII.OINO CONTRAOI'OR I~0 ~.AWOOO DRIVE 8OUTHOL.D.N.Y. 11971 SCALE: 40'~ I" · ~!.c~.-. A..s r-l~p No. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. Jame~ Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 7, SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Seuthold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 1993 To: Mr. and Mrs. John Shack 1265 Shore Drive Greenport, NY 11944 Re: Appl. No. 4190 - Variance to Building Deck Over Patio Area Dear Mr. and Mrs. Shack: 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 appealed, 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 for~s, obtain a new Notice of Disapproval from the Building Inspector, and submit the additional filing fee. You must notify our office prior to the advertising of the present application for the amendments. Once the application has been advertised, a separate application would 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 cc: Mr. Edward Williams (Builder)_ 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 MON- DAY, SEPTEMBER 20, 1993, commencing at the times specified below: 1.7:32 p.m. Appl. No. 4190- JOHN AND MARIE S. SHACK for a Variance to the Zoning Ordinance, Article XXIII, S,~ction I00-239.4B for permission to construct deck addition within 75 feet of bulkhead at Pipes Cove, Greenport Shores. Property Location: Shore Drive, Omen- port, Greenport Shores com- bined Lot Nos. 16, 17 and p/o 15; County T~x Map Parcel 1000-47-2-26.1 (prev. 26). The subject premises is substan- dard in size and is located in the R-40 Low-Density Residential Zone District. 2. 7:35 p.m. Appl. No 4161- BARBARA KUJAWSKI. Ap- plication for a Special Excep- tion for approval of an Ac- cessory. Apartment in con- junction with the principal dwelling use and residency by the owner (owner occupancy) and subject to the provisions of Article III, Section 100-31(14). Location of Pro- perty: House No. 125 (per Town Records) at the north side of Sound Avenue, which parcel commences at a point approximately 51 feet east of the Riverhead-Southold Town Boundary Line, extending 195.18 feet along Sound Avenue, Mattituck, NY; Coun- ty Tax Map Parcel No. 100-120-1-2.2. This property consists of an area of 40,241 sq. ft. and is located in the Agricultural-Conservation (A- C) Zone District. 3. 7:50 p.m. Appl. No. 4184- CHARLES H. LEWIS (Car- ryover from the August 18, 1993 hearings calendar). Ap- plication ~xtuesting a Variance as provided by New York Town Law, Section 280-A re- questing standards of minimum improvement to the traveled bases of two separate (private) rights-of-way for safe and sufficient access by emergency, fire and other vehicles located as described below: Access to Lot. No. 1, as modified, with its proposed access over a right-of-way ex- tending from the westerly side of Lighthouse Road, Southoid, NY, over premises now or formerly of Pantel, referred to as Parcel No. 1000-50-3-3.4, and over premises now or formerly of Suffolk County, known as Parcel No. 1000-50-3-3.1. Access to LOt No. 2~ as modified, with its proposed access over a right-of-way ex- tending from the northerly side of Sound View Avenue, Southold, NY, in a northerly direction over lands now or formerly of Regan, Linder- mayer, Stanley, Kudinka and/or Garcia and Silen, refer- red to as Parcels No. 1000-50-3-16, 7, 8, 23, 9 and/or 19.1. The subject lot re- quiring Section 280-A ap- proval is shown as new sub- division LOt No. 2 as modified and further identified as County Tax Map Nos. 1000-50-3-14, 15, and 16 for a total combined area of 2.2612 acres, and which is pending before the Southold Town Planning Board for re-division into two lots. . The Board of Appeals wili at said time and place hear any and all persons or represen- tatives desiring to be heard in the above matters. Written comments may also be sub- mired prior to the conclusion of the subject hearing. Each hearing will not start before the times designated abow If you wish to review the files or need to request more informa- tion, please call 765-1809 or visit our offic~ ' l Dated: September 7, 1993 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski i IX-9/16/93(.4) ~ COUNTY OF SUFFOLK SI'ATt:. ()ir NEW YORK Patricia Wood,' being duly sworn, says that she is tile Editor, of. THE LONG ISLAND 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 saicl Long Island Traveler-Watchman once each week for ........ / weeks sdccessiv.ely, commencing on the" ........ .~.~., z~ :, 19.2 . Sworn to before me Ibis .................. clay ct ........ , ?3 Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State ot New York No. 4806346 Qualified in ~uff01k County Commission Expires copies of Legal Notice mailed to the following 9/7/93: Mr. and Mrs. John Shack 1265 Shore Drive Greenport, NY 11944 Mr. Edward Williams 150 Seawood Drive Southold, NY 11971 (Builder-Agent for Mr. and Mrs. Shack) Mrs. Barbara Kujawski 175 Sound Avenue Mattituck, NY 11952-1113 Richard F. Lark, Esq. (Attorney for Co-Owner John Kujawski) Main Road Cutchogue, NY 11935-0973 JOhn M. Wagner, Esq. (Attorney for Charles H. Lewis) 108 East Main Street Riverhead, NY 11901-0279 APPEALS BOARD MEMBERS Gerard P. Ooehrmger, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Ric ard . ' Telephone (~6) BOARD OF APPEALS TOWN OF SOUTHOLD SCO'IT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 August 26, 1993 S,E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4]90 Project/Applicants: County Tax Map No. Location of Project: John and Marie Shack 1000- 47-2-26.1 1265 Shore Drive, Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct deck addition within 75' of bulkhead 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~l1971 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 August 25, 1993 Zoning Appeal Appl No. 4190 - JOHN & MARIE SHACK Transmitted herewith is Zoning Appeal Appl. No. 4190 - JOHN & MARIE SHACK together with the Notice of Disapproval from the Building Department, a copy of the application for a building permit, a copy of the survey map of the property, the Zoning Board of Appeals' Questionnaire, the Short Environmental Assessment Form, a review from the NYS DEC, the Notices to Adjacent Property Owners, and a copy of the proposed deck. Judith To Terry Southold Town Clerk APPEALS BOARD MEMBERS Gerard P. Goehrineer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article X/V of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning CuL,t.~ssion: ~D~ Variance from the Zoning Code, Article x~2III , Section 100-239.4B __ Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section ~ Special Permit Appeal No: 4190 Applicant: Jo?unandMa.rie S. Shack Location of Affected Land: Shore Drive, Greea-L~ztz, NY '.County Tax Map Item No.: lO00- 47-2-26.1 Within 500 feet of: __'Town or Village Boundary Line xx 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 construct deck addison within 75 feet of Bulkhead at Pipes Cove. Copies of Town file and related documents enclosed for your review. Dated: September23, 1995 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comDleted by A!~pticant or Project sponsor) P OJECT NAM 3. PROJECT LOCATION: - M..~c*o.,,.. (~ r~,%~'~,r~r co..,, S. IS PROPOSED ACTION: ~ New [] Expansion [] Mo~lflcatlo~qlalteration 6, OESCRIBE PROJECT BRIEFLY: p '~ 7. AMOUNT OF LAND AFFECTED: Imllally l L~ I ~ :~ ~ i ~ Ultimately acres SEQR WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? LAND USE IN VICINITY OF PROJECT? L~ Ilq~iust rial L'-] CommerCial [] Agriculture [] Park/Forest/Open space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl. I1, 0OES ~NY.~ECT OF THE ~CT~CN HAVE A CURRENTLY VAMO PERMIT OR APPROVAL? 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes [~No I CERTIFY THAT THE iNFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE / ~ , , %~ll.~ 1~_\ J~f' /' the action is in the Coastal Area, and you are a state agency, complete ti~e I Coastal Assessment Form before proceeding with this assessment I OVER I .(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 this 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 Assessment 1. Will project result in a large physical change ~ to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or unusual land for~ on the site? Yes ~ No 3. Will project alter or have a large effect on an.existing body of water? 4. Will projec~ have a potentially large impact on groundwater quality? Yes~ No 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? Yes,No 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-' ute of historic, pre-historic, or paleontological importance or any site designated as a critical envirc~mental area by a local agency? .___Yes ~NO 10. Will project have a m~jor effect on existing or future recreational opportunities? . Yes~ No 11. Will project result in major traffic problems or cause a major effect ~o existing transportation · ' Systems? ._,_Yes~_~No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- .- ance as a result of' the project,s operation? ~_Yes ~No 13. Will project have any impact on public health or safety? ----Yes ~N° 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 or have a major negative effect On the charact~ of the community or neighborhood? 15. ' Is there public controversy concerning project?~ // ? ~ ~ the . 'Z~A ~/~5 _ Date~ . QUESTIO~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 s~bject premises and a description of their interests: (Sep_~arate sheet may be attached.) B. Is the% subj~ct~r~mfs~ listed on the real estate market for ~a~. or being shown to prospective buyers? { } Yes No. (If ~aS, p]~e a~-h COpy ~ "condi~nna" of sale.) C. Are ther~ an~ p~upo~al= tD ~hange ~r alter land ountcu~u? { } Yes {~ No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map sLLbmitted with this application? 3. Is the property bulkheaeed between the wetlands area and the upland building area? 4. If your property contains w~ or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea · level? ~)~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fencas which e~t and are not =h~wn on the survey map that you submitting? ..~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~ If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? .~(> If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel /~J/#~j ~/~ / and proposed use ~y~ ~-~, . AutndrZzed Signature and Da~e 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Sou:hold. TRUSTEES -- The Board of Trustees of the Town of Souchotd. [Added 5-5.84 by L.L. No. 6-1984] WE~N~S [Amended 8-26-76 by L.L. No. 2-1976; 3-25- s5 b~[~ 'r~ No. ~9~ -; ~" -'. ", .~V ~[DAL WETLANDS: (1) All lands generally covered or in~rmittently cov- ered with. or which border o~. tidal wam~. or ]ands lying beneath tidal waters, whigh at mean low tide are covered by tidal waters m a maximum depth five (5) feet. including but not limited ~ ban~. bogs. salt marsh, swamps, meadows. ~a~ or o~her Iow lying lands subject m tidal action; (2) All banks, bog~. meadows, flare and tidal marsh subject to such tides and upon which groxvs or may grow some or any of ~he followin~ salt hay. black grass, saltworm, sea ]svender. ~ll cord~s, high bush. cat,ils, groun~e~ m~hmnl]~ ~ ~w (3) AIl ~d immedi~te~ ~d]ncen~ m a tidal w~t~nd as defined in Subsec:ion A(2) ~nd ]yin~ ~vith/n seven- ty-five (75) feet landward of ~he most landxvard edge of such a tidal wetlsnd. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" ~s defined in Article 24. fie 1. ~ 24-0107, Subdivisions 1{~) to l(d) inclusive, of the Environmental Conservation L~w of ~he S~te of New York: nnd (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- ,n sevenw-five (75) feet landward of the most land- ward edge of a "freshwa~r wet{and." 9705 m..*~, ss INSPECTORS Victor Lessard Principal Building Inspector Curtis Horton S~nior Building l~pector Thomas Fisher Building Inspector Gary Fish Building Inspector Vincent R. Wieczorek Ordinance Irtspector Robert Fisher Assistant Fire Inspector Telephone (516) 765-1802 SCOTT L. HARRIS, Supervisor Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD In order to issue a Building Permit for your proposed construction for buildings located on lots adjacent to tidal water bodies, tidal wetlands, fresh water bodies and freshwater wetlands, we will need a waiver of jurisdicition or a pe~it from the New York State Depar~ent of Enviro~ental Conservation, and the Board of Town Trustees. Very truly yours, SOUTHOLD TOWN BUILDING DEPT. Phone numbers: DEC - 761-7900 TOWN TRUSTEES: - 765-1892 New York State Departme~ of Environmental Conservatio~ Building 40--SUNY, Stony BroINew York 11790-2356 S %¢. A review has been made of Based on the information you have of Environmental Conservation has 7-~ project is: submitted, the New York State Department determined that the parcel Greater than 300' from inventoried tidal wetlands. Landward of a substan~i.~l man-made structure ~9C ~)~\%~a greater than 100' in length which was constructed prior to 9/20/77. Landward of the 10' above mean sea level elevation contour on a gradual, natural slope. Landward of the topographic crest of a bluff, cliff or dune which is greater than 10' in elevation above mean sea level. Therefore, no permit i~ required under the Tidal Wetlands Act (Article 25 of the Environmental Conservation Law). Please be advised, however, that no construction, sedimentation or disturbance of any kind may take place seaward of the 10' contour or topographi~ crest without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation in this area as a result of your project. Such precautions may include providing adequate work area between the 10' contour or topographic crest and the project (i.e. a 15' to 20' wide construction area) or erection of a temporary fence, barrier, or hay % bale berm. Please note that any additional work, or modification to the project as described, may require authorization by this Department. Please contact this office if such are contemplated. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approval~ from other agencies. Very truly yours, Deputy Regional ~ermit Administrator -8O Hi:) LIO R 740 , / R-80 RR. ~LAND SHELTER !SL BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : ~o the Board of Appeals of ~he Town of Southold : NOTICE TO PROPERTY O~NER YOU ARE HEREBY GIVEN NOTICE: 1. T/~. itq~4b.~e intention of the unde~igned 'to petition the Board of Appeals of the To'.v~ of Southnld to reques~.(Variance))(Special Exception) (Special Permit) (Other) [¢±c¢].e choiee] ). 2. That the pro..perty which is the subject of the Pet t.ign is located adjacent to your property and is des- cribed as follows: ~rt~ 3. That the property which is the ~,ubjec, t of ~uch Petition is located in the following zoning district: 4 That h~ such Petition, the undersigned will request the following relief: ,~kk/Ok Ot 0[~,~ 5. That the provisions of the Southold Town Zoning Code applicable,tQ~the relief sought by the under- s gnedare ar tcze s c on - · £ ] Section 280-A, New York Town kaw for approval o~f 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 ma)' then and there examine the same during regular office hours. (51~) 7~5-].809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Bsard of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town. of Southold and designated for the publication of such notices; that you or your representative have the appear and be heard at such hearing. right to · Dated:' /~ ~'~ Petitioner ~-- ~ -~-~ ' (-') / Owners' Names: John lllo_rie. ,,)hod< Post Office Address f-- } '~- ' ' L)rlu Tel No. '"' / ]) [Copy of sketch or plan purposes.] showing proposal to be attached'~fOt-; ,convenience NAM~ PROOF OF MAltING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Receipt for Certified Mail No ~nsurance Coverage Provided Do not use for International Mail (See Reverse) STATE OF NEW YoRK ) COUNTY OF SUFFOLK) SS.; ~??//~ ? r~ . . '-' ~-_. ,-~ , , :, ~-'., .~ , ~, ,.. , being duly sworn, deposes and says that on ~'~e ,:,~ ~'~ ~' day of .~C~5 ~ ,19 ~ , deponent mailed a true copy of ~he Notice set forth on the re- verse side he~eof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current assmsment roll of the.Town of Sou~hold; that said Nodcm were mailed at the United States Post Of- 'ficea~ ~/~ , ~ ;thatsaidNo6cesweremailedtoeachofsaidpersonsby ' .~ertif ed). (registered) mait. Sworn to before me this dayof ~ ~ u.~- ,19 otary Public JOYCE M. WlUCIN~ Notary Public, State of NewY~ No. 4952246. Suffolk Term ~ June 12, 19..~ (This side does not have to be complet'ed on form transmitted to adjointng property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLO In the Matter m the Petition of to the Board of Appeals of the Town of Southold : ~ NOTICE : TO : ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. l/h~' it~ fl~e intention of the undersigned to petition the Board of Appeals of The lown of Soothold to request i (Variance)) (Special EXception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is lacated ad acent toyour property and is des- w ~ ' <' · ~ 3. That ~he property which is the subiect of such Petition is located in the following zoning district: ) 4 TI,al, such Petition the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signe~l are Article ;(X. I11 ~c~ I~<.~ - ~,/'?, ~/-~ £ ] 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 relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, n6wspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:' ~/',': ~ ~ Petitioner Owners'Names: Post Office Address c ~ ~'~ , [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P' 358 212 506 ,_Receipt for Certified Mail No Insurance Coverage Provided (See Reversei STATE OF NEW YORK COUNTY OF SUFFOLK : being duly sworn, deposes and says that on thee of r,~u~ ct & T- ,19 c~ . deponent mailed a true copy of the Notice set forth on the re- verse s de hereof, directed to each of the above-named persons at the addresses set opposite their reSpective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- (certified) (registered) mail. Sworn to before me this ~ ~ da~o~ ,.~ ~ J' 7'~ ,19~ -. 0 Notary Public JOYCE M; WILKINS l~)tafy Public, State of New Yo~ No. 4952248, Suffolk Term Expires June 12. ;that said Notices were mailed to each of said persons by. (This side does not have to be completed on form transmitted to adjoining property owners.)