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HomeMy WebLinkAbout4027 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOT]7 L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 4027. Upon Application of HALSEY A. STAPLES. Request for variance to the Zoning Ordinance, Article XXVIII, Section 100-281A(7) for permission to construct new principal dwelling structure upon premises which is nonconforming and has not been held in single and separate ownership as exists since April 9, 1957. Lot is nonconforming, having a total lot area of 22,668 sq. ft. and 25 ft. frontage (width) along Middle Road in the Hamlet of Greenport, Town of Southold, NY; County Tax Map Designation 1000-41-2-12.1. WHEREAS, a public hearing was held on June 7, 1991, 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; 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. By this application, applicant seeks a variance for approval or recognition of the subject lot, having a total nonconforming lot area of 22,668 sq. ft. and nonconforming road frontage of 25 feet along Middle Road, Greenport, Town of Southold in this R-40 Zone District. 2. The premises in question is identified on the Suffolk County Tax Maps as No. 1000-41-2-12.1, located near "Fleetfield," a 1942 (preexisting) subdivision filed by Clarence C. Fleet and Henry L. Fleet. 3. The record shows the following conveyances of land within this block (located along the easterly side of Middleton Extension and the southerly side of Washington Avenue) immediately surrounding and including this parcel as follows: Page 2 - Appl. No. 4027 Matter of HALSEY A. STAPLES Decision Rendered July 12, 1991 (a) Parcel 1000-41-2-6: This corner lot consists of an area of 7765+- sq. ft. and was conveyed on April 22, 1966 to McGinners, having been previously conveyed on July 12, 1963 to McGinners' predecessor in title. The owners of record since May 31, 1967 are John M. Krukowski and wife, and the premises has a dwelling which preexists zoning. It is noted that the lot has been in single and separate ownership since at least 1963. (b) Parcel 1000-41-2-7: This parcel consists of an area of approximately 13,000 sq. ft. and was conveyed to Waterhouse on November 9, 1965. It is noted that this lot conformed to the 1965 lot area requirements of the zoning code (minimum 12,500 sq. ft.) and has been single and separate since this time. A new dwelling was constructed in late 1968 (building permit 94021Z) for this particular lot. (c) Parcel 1000-41-2-8: This parcel consists of an area of approximately 13,000 sq. ft. and was conveyed on June 20, 1966 to Staples, who later conveyed the premises on March 22, 1984 to Burden. It is noted that this lot conformed to the 1965 lot area requirements of the zoning code (minimum 12,500 sq. ft.) and has been single and separate since 1966. A new dwelling was constructed in 1966 (building permit 93194Z). (d) Parcel 1000-41-2-10: This parcel consists of an area of 12,550+- sq. ft. and was conveyed to Reeves from Joseph Diaz on January 27, 1964. This lot conformed to the 1964 lot area requirements of the zoning code (minimum 12,500 sq. ft.) and has been single and separate since 1964. A new dwelling was constructed in 1964 (building permit 92479Z). (e) Parcel 1000-41-2-11: This parcel consists of an area of approximately 12,900 sq. ft. and was conveyed to Staples on December 22, 1969, and who acquired the parcel on August 29, 1963 from Joseph Diaz. It is noted that this lot conformed to the 1969 lot area requirements of the zoning code (minimum 12,500 sq. ft.) and has been single and separate since 1969. A new dwelling was constructed in 1985 (building permit #13856Z). (f) Parcel 1000-41-2-13.2: This parcel consists of an area of 73,660+- sq. ft. and was conveyed to Field from Joseph Diaz on March 10, 1972. This lot conformed to the 1972 lot area requirements of the code (min. 40,000 sq. ft.). A new dwelling was constructed in 1972. (g) The parcel herein was created in 1969 when set-off by Joseph Diaz when the northerly parcel (1000-41-2-11) was conveyed. The applicant on February 19, 1981 acquired the parcel, which conformed to the 1969 lot size requirements of the zoing code (minimum 12,500 sq. ft.). The parcel is believed to have been single and separate since 1972 (when 1000-41-2-13.2 was set-off in 1972 from Diaz). Page 3 - Appl. No. 4027 Matter of HALSEY A. STAPLES Decision Rendered July 12, 1991 4. The survey submitted under this application shows a minimum width at the building envelope area at 123.61. The building envelope area shows the located of a proposed dwelling to be built in accordance with the minimum setback regulations for this zone district. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Villa, it was RESOLVED, that the parcel which is currently identified on the Suffolk County Tax Maps as No. 1000-41-2-12.1, now of HALSEY A. STAPLES, be and hereby is RECOGNIZED for single-family dwelling use, subject to all setback, bulk schedule and other zoning requirements applicable under the zoning code, and subject County Health Department and any other agency approvals which may be required at the time of submission of an application for a building permit (with the exception of lot size), that the application be APPROVED, as applied. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Villa and Goehringer. This resolution was duly adopted. lk GERARD P. GOEHRINC~R, CHAIRM~ RECEIVED AND FILED BY sou O .D TOWN Town Clerk, Town of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF 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, the following public hearings will be held by the SOU~SIOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY 11971, on FRIDAY, JUNE 7, 1991, commencing at the times specified below: 7:30 p.m. Appl. No. 4028 - RICHARD OLIVERI. Request for variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate new principal dwelling structure with insufficient rear and side yard setbacks. Zone District: R-80. Location of Property: Westerly Side of Crescent Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.5. 7:35 p.m. Appl. No. 4026 - JAMES AND PATRICIA BOYLE. Request for variance to the Zoning Ordinance, Article XXIV, Section 100-242A for permission to enlarge existing nonconforming accessory building, located partly in the side yard and front yard areas on this corner lot. Zone District: Agricultural Conservation (A-C). Location of Property: 10205 North Bayview Road and the Easterly Side of a Private Road, Southold, NY; County Tax Map No. 1000-79-5-20.5. 'Page 2 - Legal NotiO Hearing for June 7, 1991 Southold Town Board of Appeals 7:40 p.m. Appl. No. 4025 - ESTATE OF JENNIS HARRIS by Robert Taylor. Request for a variance to the Zoning Ordinance, Article XIV, Section 100-142, 100-141, 100-241A, for permission to enlarge existing nonconforming dwelling in this Light Industrial (LI) Zone District with a proposed addition having insufficient side and front yard setbacks. County Road 48, Cutchogue, NY; 96-1-18.1. Location of Property: 21755 County Tax Map No. 1000- 7:45 p.m. Appl. No. 4027 - HALSEY A. STAPLES. Request for ~ variance to the Zoning Ordinance, Article XXVIII, Section / 100-281A(7) for permission to construct new principal dwelling f structure upon premises which is nonconforming and has not been held in single and separate ownership as exists since April 9, 1957. Lot is nonconforming, having a total lot area of 33,668 sq. ft. and 25 ft. frontage (width) along Middleton Road in the Hamlet of Greenport, Town of Southold, NY; County Tax Map No. 1000-41-2-12.1. ~ . ~_~_~_~/ 7:50 p.m. Appl. No. 4024 - RONALD STRITZLER, M.D. Request for variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory tennis court structure in an area other than the required rear yard. Zone District: R-80. Location of Property: 3055 Soundview Avenue, Mattituck, NY; County Tax Map No. 1000-94-1-14. Page 3 - Legal Notit Hearing for June 7, 1991 Southold Town Board of Appeals 7:55 p.m. Appl. No. 4029 CHARLES AND ANGELA KYRIAKOUDES. Request for variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to locate portion of ingro~nd pool with fence enclosure and portion of decking which will be located within 75 feet from the existing bulkhead, and with a distance shown at 75 feet from the rip-rap which is between the bulkhead and the mean highwater mark of Southold Bay. Or, an Interpretation as to which structural point the 75 ft. setback requirement shall be from (particularly where more than one structure exists.) Zone District: R-40. Location of Property: 1425 Kimberly Lane, Southold, NY; County Tax Map No. 1000-70-13-20.9. 8:00 p.m. Appl. Nos. 4011V and 4010SE - Requests by JOSEPH AND LINDA FISCHETTI concerning property known as 235 Oaklawn Avenue, Southold, NY; County Tax Map No. 1000-61-3-3 for: (1) a Special Exception to the Zoning Ordinance as authorized by by the Board of Appeals under Article VII, Section 100-71, and, (2) if necessary, a variance to establish professional and business office use on this 11,656 sq. ft. nonconforming parcel. Zone District: Residential-Office (RO). The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matter. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not Page 4 - Legal Noti~ Hearing for June 7, 1991 Southold Town Board of Appeals start before the times designated above. please call 765-1809. For more information, Dated: May 10, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TO: Times-Review L.I. Traveler-Watchman Delivered 5/14/91 For Publication Town Clerk Bulletin Board (lobby) ZBA Board Members and Files FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated .......................... 19 .... County Tax Map No. I000 Section .... ~ .... BIoc~ ...... ~ .... Lot .~.n~ .~ .... Subdivision ................. Filed Map No. : ............... Lot No .................. i, returned herewith and disapproved on the follow~g grounds .~ .... ~~XX~/L' . '~'~ ..... : ..... ~:. ~.. ~. K~. ~~..~~ .... ...: ........ ~ ~ ............................................. 1/80 TOWN OF SOUTHOLD, NEW YORK RWC~IVID APPEAL FROM DECISION OF BUILDING INSPECTOR /C :~ R · ^PPEAL N9 ~_,~ ~- ? TO THE ZONING BOARD OF APPEALS, TOWN OF lee~l~lit_l~m ~lerk ~, (Wel ...... ~.~.~.~.~.X......~..:...~.7:.~/.£.L.~.....o~ ...~.~,.,,..N.L~.~.~.~.~.~.....~ ................... Name of Appellant Street and Number .......... .~.~..E...~...~...~..~,,~,. ,~,. .......................................................... ~../..~..: ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUI,LDING~ INSPECTOR ON 11 APPLICATION FOR PERMIT NO ..................................... DATED .........,~,./..~.~,../....~,./ .................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit ~ ~ ~ ~ ~;~- ~ ~. ~Z ....~:~ ..................... Street and Number x Municipali~ State PERMIT TO USE PERMIT FOR OCCUPANCY I. LOCATION OF THE PROPERTY ./..~.~...~...~),~.~.~...~..o~..ff.~:~_~6)~..~../~..~..0.~ ............~.-.~.~) Street /Hamlet / Us~ Dist;i~t ;~ '~J;~"~ District 1000 Section ~l Block~ Latin,/, - ......................................................................... L ....... burren~ ~ner ~,~X ~, $~F Mop No. Lot No. Prior Owner ~9~ PI~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article X~(VI/I Section I00 ' ~/ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ()~ A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal time) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for o variance and was mode in Appeal No ................................. Dated ...................................................................... ( ) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that l~rm ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because TITLE" /) TJccE 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 CHARACTER OF THE DISTRICT because OF Tine Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE z o7-5 STATE OF NEW YORK ) ) ss COUNTY OF ) JOYCE M. WlLKINS Ilo~/Publl~ St~t~ of New Yo~k " TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VI LLAGE DIST. SUB. LOT s ~ W ' t,,~(ddle_J~. TYPE'OF BJJILDING RES. ; SEAS. VL. ~ 11 FARM ' CO '/v~M. CB. MICS. Mkt. Value Tillable FRONTAGE ON WATER Meadowl~d DEPTH Hous~ Plat BULKH~D Total COLOR TRIM M. Bldg. Exteneion Extension Extension Porch Porch Foundation Basement Ext. Walls Both Floors Interior Finish Breezeway .,, Fire Place Heat Garage' Type Roof Rooms 1st Floor Patio Recreation Room Rooms 2nd Floor 0. B. Dormer Driveway Total Dinette K. LR. DR. BR. FIN. B ~ ~(. c~-i~l . , · . -.. o~ / S~tFOLK CO. ~&L~ ~ ~A~ ~ ~,~. v.~ ~ ~,, ~y~ THE WATER S~Y A~ ~AGE D~k ; ~ , % .~4~. ~ ~ // ) COreM TO THE STA~ OF THE ~ ~'6'0 ~ ~ . ,' I ,?- ,' ~FF~K CO. ~. M ~ALTH t i,~ ~ / · , M ~ /t ~o~: ,, ..... , t /' , , ' ~ ~ ~ ~'~ t ~ I ".~ /.~'~. ~ ' ', ~ : ~ ~.~'~'~'~. - .u~.~ ..._'.~.~ /1. ~ ~'.Y ~ ,~',~~/' +~- ~, f ~ ~ ..... ~- - ~ -'" '-"~- ;.' -~: .... ~- ~ : I Y ~ /1 , ' ' · . ~ k ' ~ ~'~~ ' I 5-'- ' I ' ~ ~. H - ~..~A ~' .~- ' ~ ' , ~ , ~. ,,- , .. - _, . .. .._ : . _,:: '~ :~ ,.,. -. .... ¢., ~ ~ ~. ~ · , ~ W ,' . ~ ~ , ' .-' t ' ~,~ ~ ~,..,, -~ ..... ....... ' :-'~ ................... .::' ' ' '-' .... -- ~ --" , ~ ~ ~. 2~ ~_,?' :: ... - - ~ ~ ~t~.,- -. ' · ' ..~ .' ' , .- ~~.~ ~,:.~,, . ., .,,~ -.-~- -~. ,, .,~ ....... .,. :. ..~.. ~ ..... ~. ~..:,.,:, . . ......... . ..... ~ ,. , , . ~.. COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY£XECUTIVE 360-5206 ARTHUR H. }(UNZ July 22, 1991 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. ySta'licant(s) ples, Halsey Municipal File Number(s) 4027 GGN:mb Very truly yours, Arthur i{. Kunz Jhief Planner VETERANS M£MORIAL HIGHWAY HAUPPAUGI~, L.I.. NEW YORK I I 7SS APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles G-rigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa .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 Pursuant to Article XlII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, ArticleXXVI~ISectionlOO-281A(7) Variance from Determination of Southold Town Building Inspector. Special Exception, Article , Section Special Permit Appeal No.:4D27 Applicant: Location of Affected Land: County Within HALSEY A. STAPLES 1425 Middleton Road, Greenport, Tax Map Item No.: 1000-41-2-12.1 500 feet of: Town or Village Boundary Line Body of Water (Bay,'Sound or Estuary) State or County Road, Parkway,'Highway, Boundary of Existing or Proposed Boundary of Existing or Proposed Other Recreation Area County, County, NY Thruway State or Federally Owned Land State or Federal Park or or COMMENTS: dwelling Existing or Proposed Right-of Way of Any Stream or Drainage Owned by the County or for Which The County Has Established Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. Channel Channel Applicant is requesting permission to construct new principal. upon premises nonconforming and not hela in single and separate owenership since April 9, 1957. Copies of Town.file and related documents enclosed for your review. Dated: June /1 1991 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Diniz~o, Jr. Robert A. Villa 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 July 16, 1991 Mr. Halsey A. Staples 29 Middleton Road Greenport, NY 11944 Re: Appl. No. 4027 - Variance Application Dear Mr. Staples: Transmitted for your records is a copy of the determination rendered by the Board of Appeals concerning the above application. Please be sure to return to the Building Department and any other agency for permits or other approvals which are appropriate for this project. A copy of this decision has simultaneously herewith been transmitted to the Building Department for its file and update. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Southold Town Building Department Suffolk County Department of Planning Copies of the Legal Notice for Hearings to be held 6/7/91 were sent to the following on 5/14/91: Times-Review Long Island Traveler-Watchman, Inc. ZBA Board Members with copies from files Individual hearing folders Original posted on Town Clerk Bulletin Board 5/13/91 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 Steve Latham, Esq. d~ ~ Twomey, Latham, Shea & Kelley P.O. Box 398 33 West Second Street Riverhead, NY 11901 Mr. and Mrs. James Boyle 10205 North Bayview Road Southold, NY 11971 Environment East, Inc. ~ RR #3 - 3075 Indian Neck Lane Peconic, NY 11958 Mr. Halsey A. Staple~ 29 Middleton Road ~ Greenport, NY 11944 J Ronald Stritzler, M.D. 51 Stirrup Lane ROSLYN Heights, NY 11577 Mr. Michael A. Michel, Michel & Associates 9 Village Square Glen Cove, NY 11542 ASLA Mr. and Mrs. Joseph Fischetti, 1725 Hobart Road Southold, NY '11971 Jr. Page 4 - Appl. No. 402~ Eastate of Jennie Harris Hearing Transcript of June 7, 1991 CHAIRMAN: We are not changing the nonconformity of the structure, we are merely making the non onforming structure or dwelling larger. It is still to be used as a residential structre in a light industry zone. It is a one story or will it be two story. MR. STOUTENBURG: It is a two story and will continue to be with the addition on , modified two story structure itself and whats added on to it will be two story. CHAIRMAN: I have no objection to it. Does anyone have any questions of Mr. Stoutenburg while he is up here? No. Anybody? I · should point out for everybody that Mr. Dinizio will be late, he is stuck over in Amaganset and the ferries are a little tough tonight with the weekends coming but he did call us and said he would be here. I have no objection to it so we will see how the hearing develops. What's your timeliness on this? When do you want to get ~tarted? MR. STOUTENBURG: I think we actually are over in starting now so whatever you can do for us will help. CHAIRMAN: We want to thank you for putting the stakes in so we knew exactly where, It was very helpful. Thank you again. Is there anyone else who would like to speak in favor of this application. Anyone like to speak against the application. Questions from Board members. No. Hearing no further questions I will make a motion closing the hearing and reserving decision until later. ALL IN FAVOR - AYE. CHAIRMAN: Thank you very much for coming in. Appl. No. 4027 - HALSEY A. STAPLES The Hearing opened at 7:46 p.m. The Chairman read the legal notice for the record and the application before hearing testimony. CHAIRMAN: Copy of the survey amended on October 16, 1990 indicating a lot which we refer to as a flag lot 25' on Middleton Road Extension, and extending to the rear of Barden property and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. The map was produced by Roderick Van Tuyl P.C. Mr. Staples would you like to be heard? Page 5 - Appl. No. 4027 Halsey A. Staples Hearing Transcript of JUne 7, 1991 MR. STAPLES: It seems that the Master Plan came down on me. I'm the last property owner to build on my lot. If I built in '88 when my abutting neighbor Roy Kling had built I wouldn't have been in this position with this Article 28, Section 281A, so paragraph 7 has to do with Joe Deyer owning all of those lots in his name so I share the same history as everyone else, but everyone else has a house on their property, I'm the last to build. Of course, strict application of this title and section would be an obvious, difficulty for me and hardship for me. As far as my lot because it is one half acre whereas all the others are one quarter and one of my abutting neighbors who just built in 1988, Roy Kling, is less than a quarter acre, I believe. I am seeking hardship for that clause or paragraph. CHAIRMAN: The area is 22,668 sq. ft. Is that correct? MR. STAPLES: I assumed it was 33. CHAIRMAN: The survey shows a lot area of 22 and that is where my problem is here. MR. STAPLES: Maybe it is 22. What is a half acre? 25. CHAIRMAN: 20,000 MR. STAPLES: 20,000. I'm thinking of the 22 as being a half acre. CHAIRMAN: 43,560 divided by 2 is a farm acre. Could you ask Van Tuyl if that is the proper square footage so we would have it for the file? MR. STAPLES: I could, yes. It says on my tax bill .52 acres. CHAIRMAN: Let me understand you owned the house at one time that is most recent to my left as I drive into the property. Is that correct? MR. STAPLES: My wife, her name appeared on that title. CHAIRMAN: You own - MR. STAPLES: I own this lot we are talking about. CHAIRMAN: When did you buy these properties? Approximately. MR. STAPLES: The piece that you had just talked about was '67 and this I purchased in December of '69. CHAIRMAN: Therefore, you purchased it after '57. MR. STAPLES: Correct Page 6 - Appl. No. 4027 Halsey A. Staples Hearing Transcript of June 7, 1991 CHAIRMAN: And that's why you're before us. MR. STAPLES: Joe Deyer was the problem because each of these if you will notice the report card on the surrounding properties one of the lines is split from Joe Deyer and that was the part that the building department had a problem with, was the fact that Joe Deyer owned these lots all in his name. Subsequent to '57. When I purchased the lot it was quarter acre zoning at the time . If I built anywhere up to 1968, 1988 I would have been in good shape but the Master Plan came down on it. CHAIRMAN: Do you have any questions Bob on this. BOB VILLA: Not really. I think he would have had a problem any time after 1980 with the Health Department because that was when Articl~ Six went into effect. MR. STAPLES: I have or excelled in all the requirements of every organi- zation concerned with that piece of property including the Health Department. I have met or excelled as you can see by the application. CHAIRMAN: We have Town water on that block. Is that correct? There is city water on that block. MR. STAPLES: Yes there is city water. Yes. CHAIRMAN: There is no sewer on that block. MR. STAPLES: The Health Department has approved a two pool system for that piece. BOB VILLA: Did you see the test hole when it was put in? MR. STAPLES: I didn't see the test hole. No. BOB VILLA: Because it shows here that ground water is at 17 feet from grade. I find that hard to MR. STAPLES: The rear grade. Not the front grade. There is an embankment there. I'm going to tuck the house into that embankment. The embankment will be the rear yard and there is 17 feet on the rear yard area downtoward. BOB VILLA: That shows as an elevation of about 15 and it shows a low elevation down by the water to be about 10. MR. STAPLES: The upper level. The 15' level where a pair of 6' pools meets the criteria of the Health Department. MR. VILLA: You could get two pools in but I was just questioning the test hole because the test hole shows 17' of water. Page 7 - Appl. No. 4027 Halsey A. Staples Hearing Transcript of June 7, 199i MR. STAPLES: It may have been a mismeasurement on their part. I don't know. It may have been a rise where they did the test hole or they may have picked the highest point. CHAIRMAN: You have Health Department approval for this lot then. MR. STAPLES: Yes, yes. CHAIRMAN: O.K. MR. STAPLES: I have met or excelled in every board except the building department had a problem with Joe Deyer owning all the lots. That's the only thing I had a problem with. CHAIRMAN: That Health Department approval is predicated on your using the Town water system. Is that correct? MR. STAPLES: Yes, that is correct. to use it so I will be using it. If city water is available you have CHAIRMAN: Thank you very much Mr. Staples. Is there anyone else who would like to speak in favor of this application? Anyone like to speak against the application? Any further questions? Hearing no further questions I will make a motion closing the hearing and reserving decision until later. ALL IN FAVOR - AYE. Appl. No. 4024 - RONALD STRITZLER, M.D. The Hearing opened at 7:55 p.m. The Chairman read the legal notice for the record and the application before hearing testimony. CHAIRMAN: Survey by Young and Young dated February 14, 1973 indicating the nature of this lot. Actually it is a total of 3.9 acres but this particular lot is 2.464 and the location of the tennis court is 60' from Soundview Avenue, 25' from the westerly property line. We will ask the applicant in reference to size . I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is Dr. Stritzer here? LINDA: He didn't think he could make it. There is a letter in the file. CHAIRMAN: O.K. Did he indicate to us if this was going to be lighted or unlighted. NOTICE IS HEREBY GIVEN; p~umant to Section 267 of Law and the~he..T.~,n of Sou~old, the followlng pub~..e~ TOW~ BOARD OF APPEAL3 Southnld Town H·H, Main Rend, Southold, NY 119~ l, on ~RIDAY, IUNE 7. 1991. co.unencing ·t the 7:30 p.m. Appl, Ho. ~0~_8 - RICHARD OLIVERI+ Rcq~e, st for variance to the Zoning Ordinance; Article l~. Section 100-32 for per- mission to locate new principal dwelling structom with insufficient ~.~r and side yard see..ks. Zone Dis- trict: R-80. Location of Property: Westerly Side of Crescent Avenue, Hsbers Bland, NY; C~nty Tax Map DLf~ct 1000, Sectlce 6, Block 6, Lot 20.5, 2:35 p.m. AppL No. 4026 JAMES AND PATR.IC~A BOYLE. Request for v~Hanc¢ to the Zoning Odinaace, Article XXIV, Section 100-242A for Penni·sion to enla~e with a dimnce thown at 75 feet fr0m existing nonconforming accessory Ibc ril~ap wbichls between the belk' building, located p~ttly in the side yard and freer yard a~eas on ~his cot- ~yathold Bay. et, an lnte~ as ncr lot. Zeae District: Agdcnltoral towhich slmctorcipeint the75 fl- set- Conservation (A-C). Location of back reqehtment ~ be flora (per- Pt~: 10~05 North B~iew Road~y where mo~e than o~e swec- and the Easterly Side of · Private rote exists.) Zone District: R-40. Road, Southnld, NY; County Tax Map Nb 1000-79-5-20.5. 7:40 p.m. Appl. No. 4025 - ESTATE OF JENNIS HARRIS by RJ3~n Taylo~ Request fe~ · valance Sectien 100-142, 100-141,100-241A, for permission to enlarge existing nonceofonning dw~t!i%o in ~ Lighi' Industrial ~ ~one District w~h a inoposed eddifiea bering side mi front yard sethacks. of l)~t~ea~T: 21755 County Reed 48, ~00-96-1-18. L ~7:45 p.m. Appl. Ho. 402? - HALSEY A. STAPLES. Request variance to lhe Zoning Ordinance, for pem~s~m te ~ new p~n- ~s-'~:hich is nonconforming and In(x been held in single and seperat~ 'T- Jownership as exists since April 9, [ 1957. I~x is nonconfonninL having · [ toni lot a~a of 33,668 sq. ft. and 25 ~ ft frontage (width) along Middle~'~ Road in the Hamlet of Greenpon, Town of S4~hold, NY; Connty Tax Map No. 1000-41-2-12.1. / ~7:50 p.m. Appl. No. 40.~- ~ RONALD STRITZLER, ~M.D. Request for vitiince to the Zoning Ontinnm~, A~icie ~I, Section 100-33 for permission to locate accessory than the ~qui~l ~ar yard. Z~e Db- ulct: R-g0. Location of Property: 3055 So, mdview Aven~e, Mattimck. NY; C<~mty Tax Map Na 1000-94-1- 14. ?:55 p.m. Appl. No. 4029 - CHARLES ANI~NGELA KYRI- AKOUDES. Reque~or wdance to the Zening On/inance,~¥t/de Sectim 100-239.4B fe~ Pen~issien to locate ponien of ingmund pool with fence enclo~e and pmlion of dech- in8 which ~ be located within 75 feet from the existing bulkl:e~d, and. Loc·fica d Property: 1425 Kimbedy Lane, Semhcid, NY; County Tax Map No, 1000-70-13-20.9. 8:00 p.m. AppL Nos. 401IV and 4010SE - Requests by JOSEPH AND LINDA FISCHETTI concerning prnpeny known as 235 Oak. lawn Avenue, Sonthcid, NY; County Trot Map N~ 1000-61-3-3 fen (1) a Spe- cial Exception to the Zoning Ordi- nance as authorized by by the Board ~ Al~x>-.~ds under A~ide V~, Section 100-71, and, (2) if ne~uary, a vnri- nn~e to establllh professional and business ~ffiea use m this 11,656 sq. ft. noncmfmming Pen~.L Zone Dis- ~ ~.Onic~ (Re). lime and place be~ any and nll Pet- heard in the above matter. Written comments may ·lso be submitted ~ to tbe conclusion ~ tbe subject hearing, Each headn~ will nol start before ~he times designnted tbove. For more information, please call 765-1809. Died: May 10, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Lind· Kowalski 7062-1TM23 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) ~!!~[L~~'1 ~--~:<:::: ~'~ of Mattituok, In said County, being duly sworn, say· that he/dm is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, In the Town of SouthoM, County of Suffolk and State of New York, and that the Notice of wNoh the annexed is a printed copy, has been regularly puMished In said Newspaper once each week for ( weeks Sg~Bssively, commencing on the ~-~ day of Principal Clark Sworn to before me this OORtS MARIE HARRISON ~l-~,otar/Pub Se, State of ~ Y~t o. 52~4605206. Suffolk C~.~rJ;~ ~m* ~ 30, lO... NOTICE OF HEARINGS NOTICE IS HEREBY GIV EN, pursuant to Section 267 of The Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY 11971, on FRIDAY, JUNE 7, 1991, commencing at the times specified below: 2/ 7:30 p.m. AppL No. 40 8- RICHARD OLIVERI. Request for variance to the Zoning Or- dinance, Article III, SectionI 100-32 for permission to locate new principal dwelling structUre with insufficient rear and side yard setbacks· Zone District: R-80. Location of Property: Westerly side of Crescent Avenue, Fishers Island, NY; County Tax Map District 1000; Section 6, Block 6, Lot 20.5;'·~ 7:35 p.m. Appl. No 4026- JAMES AND PATRICIA BOYLE. Request for variance to the Zoning Ordinance, Article XXIV, Section 100-242A for permission to enlarge existing nonconforming accessory building, located in the side yard and front yard areas on this cor- ner lot. Zone District: Agricultural Conservation (A- C). Location of Property: 10205 North Bayview Road and the Easterly side of a Private Road, Southold, NY; County Tax Map No. 1000-79-5-20.5. 7:40 p.m. Appl. No. 4025- ESTATE OF JENNIS HARRIS by Robert Taylor. Request for a variance to The Zoning Or- dinance, Article XIV, Section 100-142, 100-141, 100-241A, for permission to enlarge existing noncomforming dwelling in this Light Industrial (LI) Zone District with a proposed addi- tion having insufficient side and front yard setbacks. Location of Property: 21755 County Road 48, Cutcbogue, NY; County Tax Map No. 1000-96-1-18.1. e' 7:45 p.m. Appl. No. 4027- HALSEY A. STAPLES. Re- quest for variance to the Zoning Ordinance, Article XXVIII, Sec- tion 100-281A(7) for permission to construct new principal dwell- ing stru'cture upon premises which is nonconforming has not been held in single and separate ownership as exists } since April 9, 1957. Lot is non- conforming, having a total lot area of 33,668 sq. ft. and 25. ft. frontage (width) along Mid- ~,~ton Road in the Hamlet of Greenport, Town of Southold, NY; County Ta.~p No. 1000-41-2-12. L~ ~ ~/ 7:50 p.m. Appl. No. 4024- RONALD STRITZLER, M.D. Request for variance to the ZOn- !. lng Ordinance, Article I11, Sec- tion 100-33 for permission to locate accessory tennis court structure in an area other than [ the required rear yard. Zone District: R-80. Location of Pro- perty: 3055 Soundview Avenue, Mattituck, NY; County Tax Map No. 1000-94-1-14. 7:55 p.m. Appl. No. 4029- CHARLES AND ANGELA KYRIAKOUDES. Request for variance to the Zoning Or- dinance, Article XXIII, Section 100-239.48 for permission to locate portion of inground pool [ with fence enclosure and por- tion of decking which will be located within 75 feet from the existing bulkhead, and with a i distance shown at 75 feet from ' the rip-rap which is between the bulkhead and the mea~: highwater mark of Southold Bay. Or, an Interpretation as to which structural point the 75 ft. setback requirement shall be from (particularly where more than one structure exists.) Zone District: R-40. Location of Pro- perty: 1425 Kimberly Lane, Southold, NY; County Tax Map No. 1000-70-13-20.9. · 8:00 p.m. Appl. Nos. 4011V ] and 4010SE- Requests by[ JOSEPH AND LINDA ! FISCHETTI concerning pro- perty known as 235 Oak awn Avenue, Southold, NY: County. ~ Map No. 1000-61-3-3 for: (1)' a Special Exception t° the Zon- ing Ordinance as authorized by th~ Board of Appeals under Ar- ticle VII, Section 100-71, and, (2) if necessary, a variance to establish professional and business office use on this 11,656d sq. ft. nonconforming parc~l~~ Zone District: Residential-Office (RO). The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written com- ments may also be submitted i prior to the conclusion of the, subject hearing. Each hearing: will not start before the times designated above. For more in- formation, please call 765-1809. Dated: May 10, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN \qb By:. Linda Kowalski 1X-5/23/91(62) COUNTY OF SUFFOLK S'I'ATI'~ OF NEW YOP, K SS: 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; and that thc notice of which the annexed is a printed copy, ' has been .published in said Long Island Traveler. Watchman once each week for .................. ./.... weeks Swru'n to herore mc this '~"~ ..................... clay of Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qualified in Suifol)~ County/ Commission Expires APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 -$.- BOA~ OF APPEALS TOWN OF SOU~OLD 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 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. If you or your representative should require more than 20 minutes to present your case, it is suggested that the extended presentation be submitted in writing at the hearing (if possible). Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD P. CHAIRF~LN GOEHRINGER JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OFSOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk April 26, 1991 ZONING APPEAL APPLIC. NO. 4027 - HALSEY A. STAPLES Transmitted herewith is ZONING APPEAL APPLIC. NO. 4027 - HALSEY A. STAPLES, together with the Notice to Adjacent Property Owners, the Notice of Disapproval from the Building Department, the Short Environmental Assessment Form, the Zoning Board of Appeals Questionnaire, a copy of the property survey map, a copy of a letter from the Town Board of Trustees, a permit from the New York State Department of Environmental Conservation, copy of the deed, and a copy of the plans. Judith T. Terry Town Clerk APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Telephone (516) 765-1809 BOARp 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 Pursuant t'o Article XIII of the Board the Suffolk County Charter, the of the Town of Southold, New York, hereby refers to the Suffolk County Planning Commission: from the Zoning Code, ArticleXXVII~ Section100_281A(7) from Determination of Southold Town Building Inspector. Exception, Article , Section X of Appeals following Variance Variance Special Special Permit Appeal No.:4027 Location County Within Applicant: X HALSEY A. STAPLES of Affected Land: 1425 Middleton Road, Greenport, NY Tax Map Item No.: 1000- 41-2-12.1 500 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 or 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, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting peFmission to construct ~t~w dwelling on premises that are nonconforming and not held in sinqle and separate ownership since 1957 Copies of Town file and related Dated: do~enclose.d(~for your review. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Robert A. Villa James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 23, S.E..O..R.A. TYPE II ACTION DECLARATION 1991 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 Appeal No. 4027 Project/Applicants: Halsey A. Staples County Tax Map No. 1000- 41-2-12.1 Location of Project: Midd]et0n Rd., Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to construct new principal dwelling structure upon premises which is nonconforming and has not been held in single and separate ownership as exists since April 9, 1957. 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 with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at [516) 765-1809. mc ' ' I PROJECT I.Do NUMBER 617.21% Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only P~ART I--PROJECT INFORMATION (To be comDleted by Applicant or Project sponsor) 1 . APPUCANT/~:PONSOR PR~E~ LOCATION: 4. PRECISE LOCATION (Street &GG~e== and road intersections, prominent landmarks, el~ or provide map) [] Exoanslon 7. AMOUNT OF LAND AFFECTED: Initially~,.~_._~ -- acres Ultimately ~ __ _ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? E] No If No, ~e$cribe briefly 9, WHAT IS PRESENT LAND USE IN VlCINl~f OF PROJECT? ~ '~esResidential [] In=ustrial ':,[~ Commercial [] Agriculfure i-"1 Park/Forest/Open soace ~ Otb. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCy (FEDERAL, STATE OR LOCAL)? I'-I N° If yes. list agency(s) and permiuapprovals 50 7, 10L DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLy VALID PERMIT OR APPROVAL7 ~Yes ~'-]No t' Ye'. list agency name and permitlapproval 50//T~L/O L~ ~"~/~ W~ T~a~ U 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MOOIFICATION? []Yes ~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE PEST OF MY KNOWLEDGE Slgnalure: ctionis in the Coastal Area. and you ~ ..'-~-~~ asr,31 Assessment Form belore proce~ OVER 1 (Continued on reverse side) SEQR The N.Y.S. Environmental Quality Review Act before any action is taken. I -=v~cw w~lz ~e made by this board SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS. (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. Zt 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. (o) If all questions have been answered No it is likely that the project is not significant. (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 unique or unusual 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 ' affect any threatened or endangered~Yes ~_No plantpr°]eOt or animal species? ~Yes UNo 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char- known to be important to the community? ._..Yes ~ NO 9. Will project adversely impact any site or Struct- ure of historic, pre-historic, or paleontologica~ importance or any site designated as a critical environmental area by a local agency? ~es UNo 10. Will project have a m~jor effect on existing or future recreational opportunities? _~Yes ~No 11. Will project result in major traffic problems or cause a major effect to existing transportation 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 i4. Will project affect the existing community by directly causing a growth in permanent popula- period or have a major negative effect on the charact~ of the cO,unity or neighborhood? Is there public controversy COncerning the project? RepreSenting:. F 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, may3e attached.) B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes {~} No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes ~} No D. 1. Are there any areas which contain wetland grasses? ~ 2. Are the wetland areas shown on the map submitted wi%h this application? ~ 3. Is the property bulkheaded between the wetlands area and the upland building area? we~/D'~lands 4. If your property contains or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? Y~ ~ E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? !~9 If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~0 If yes, please submit a copy of your building permit and'~ap 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 ~9~ and proposed u~ · ' Signature ~nd Date 3/87, 10/901k § 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] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: '-f C)'t~ ~ · ~· A. IDAL WETLAN'DS: (1) All lands generally covered or intermittently eov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; (2) All 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 cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- fy-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (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 ~vet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 2-25-85 TRUSTEES J~lm M..l{redcmcycr. IH. I)rcsid¢,l ~ Ilcllry 1). Smith. Vice Prcaidcnt Albert J. Krupski. Jr. John L. Bednoski. Jr. Job. B. Tuthill 'l'clcphoac (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SO~THOLD · SCOWl' L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 24, 1990 Mr. Halsey A. Staples 919 Main Street Greenport, NY 11944 RE: Waiver/SCTM #1000-41-2-12.1 Dear Mr. Staples: On November 19, 1990 the Trustees inspected the above referenced lot as to the placement of hay bales and found everything in order. Therefore, you may go ahead with the construction of a single-family dwelling. If you have any questions, please do not hesitate to contact this office. Sincerely, John M. Bredemeyer, III Prebident, Board of Trustees JMB: j mt DEC PEkMIT NUMBER 1-4738-00218/00001--0 PERMIT Under the Environmental Conservation Law (ECL) EFFECTIVE DATE February 19. 1991 EXmRAnON DATE March 31, 1994 [~ew [] Renewal [] Modificalion [] Permil IO to.sir,Icl [] Pc,mit to Operate J Article 15, Title 5: Protection of Water II Adicle 15, Title 15: [--"---'1 Water Supply Article 15, Title 15: Water Transport Article 15, Title 15: · Long Island Wells Article 15, Title 27: . Wild, Scenic and 'Recreational Rivers 6NYCRR 608: . Water Quality Certification Adicle 17, Titles 7, 8: ~ SPDES Article 19: ~ Air P011ution Control Article 23, Title 27: ~ Mined Land Reclamation Article 24: ~ Freshwater Wetlands Adicle 25: Tidal Wetlands J J Article 27, Title 7; 6NYCRR 360: Solid Waste Management Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management Article 34: Coastal Erosion Management Article 36: Floodplain Management Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control Other: PERMIT ISSUED TO TELEPHONE NUMBER ~alse,y A. Staples ( ) ADDRESS OF PERM[TTEE 919 Main Street, Greenport. NY 11944 CONTACT PERSON FOR PERMIT:TED WORK Roy L. Haje, En-Consul~;~nt, s _~9 Middleton Road. Greenport. NY TELEPHONE NUMBER (~!6} 283-6360 LOCATION OF PROIECTIFAClLITY ~reenport COUNTY TOWN/CITY/VILLAGE WATE RCOURSEPff[ ELAND NO. Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIVITY Construct a single family dwelling: canq*a~y ~y~tem. ~-nd dri'.,ew~y. ~e in accordance with the attached NYSDEC approved plan. NYTM COORDINATES By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (See Reverse Side) and any Special D Condit..ions included as part of this permit. ~outv Keaiona! R~O1ffLATOR¥ AFFAIR§ I;E RMI'T ADM~'NISTRATOR ADDRESS David iDe R~ ;clNd~ ~'RE AUT.ORZEDS REGION BUILDING 40 STATE UNIVERSITY OF NEXV YOR~ t ! 7'~u. zJfk'~ Page 1 of GENERAL CONDITIONS Inspections 1. The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. Permit Changes and Renewals 2. The Department reserves the right to modify, suspend or revoke this permit when: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations is found; b) the permit was obtained by misrepresentation or failure to disclose relevant facts; c) new material information is discovered; or d) environmental conditions, relevant technology, or applicable law or regulation have materially changed since the permit was issued. 3. The permittee must submit a separate written application to the Department for renewal, modifica- tion or transfer of this permit. Such application must include any forms, fees or supplemental infor- mation the Department requires. Any renewal, modification or transfer grahted by the Department must be in writing. 4. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. 5. Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, con- ditJons or requirements contained in such order or determination. .. Other Legal Obligations of Permittee 6. The permittee has accepted expressly, by the execution of the application, the full legal responsibili- ty for all damages, direct or indirect, of whatever nature and by whomever suffered, arising out of the project described in this permit and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from this project. 7. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impair. ment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. 8. The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights. of-way that may be required for this project. Page 2 offS{-''~ · 95-20-6a [10/90)--25c ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title S}, 24, 25, 34, 9 That if future operations by the State of New York require an al- teration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation 13 it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State. or cause loss or destruction of the natural resources of the State. the owner may be ordered by the Departrnent to remove or alter the structural work, obstructions, or hazards caused 14 thereby without expense to the State. and if. upon the expiration or revocation of this permit, the structure, fill. excavation, or other 15 modification of the watercourse hereby authorized shall not be com- pleted, the owners, shall, without expense ~o the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shaU be made against the State of New York on account of any such removal or alteration. 16 10 That the State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused 17 by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 11 Granting of this permit does not relieve the applicant of the responsi- bility of obtaining any other permission, consent or approval from 18 the U.S. Army Corps of Engineers, US Coast Guard, New York State Office of General Services or local government which may be required. 12 All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any 36 and 6 NYCRR Part 608 [ ] other environmentally deleterious materials associated with the project. Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channets or to the banks of a waterway There sha[t be no unreasonab]e interference with navigation by the work herein authorized If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the apphcant shall, without expense to the State. and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its (ormer condition. No claim shall be made against the State of New York on account of any such removal or alteration. I( granted under Article 36, this permit does not signify in any way that the project wilt be free from flooding. If granted under 6 NYCRR Part 608, the NYS Department of Environ- mental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303, 306 and 30'7 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Roderick VanTuyl Such approved plans were prepared by 10/16/90 on SPECIAL CONDITIONS 1. The permittee shall require that any contractor, project engineer, or other person responsible for the overall supervision of this project reads, understands, and complies with this permit and all its special conditions. 2. Hay bales shall be staked end to end on the downslope edge of any areas of filling, grading or excavation. They shall be maintained in place until all disturbed areas are permanently vegetated. Trapped sediments shall be removed to a suitable upland site before the bales themselves are removed. 3. All areas of soil disturbance resulting from this project shall be seeded with an appropriate perennial grass and mulched with hay or straw within two days of final grading. Mulch shall be maintained until a suitable vegetative cover is established. 4. If seeding is impracticable due to the time of year, a temporary mulch shall be applied and final seeding shall be performed as soon as weather conditions favor germination and growth. 5. The permittee shall allow access to Department personnel at all reasonable times during normal business days, and after reasonable notification to the permittee and proper identification as Department employees, for the purpose of conducting inspections ox investigations in the regular course of their duties pursuant to the Environmental Conservation Law, notwithstanding signs or other notices purporting to limit access to the property. Supplementary Special Conditions (A) thru (J) attached. DEC PERMIT NUMBER 1-4738-00218/00001-0 PROCRAMJFACILITY NUMBER Page 3 of 4 SUPPLEMENTARY SPECIAL CONDITIONS The following conditions apply to all permits: If any of the permit conditions are unclear,the permittee shall con- tact the Division of Regulatory Affairs at the address and telephone noted below. A copy of this permit with supplementary conditions and approved plans shall be available at the project site whenever authorized work is in progress. The permit sign enclosed with the permit or a copy of letter of approval shall be protected from the weather and posted in a con- spicuous location at the work site until completion of authorized work. At least 48 hours prior to commencement of t~ject, the permitte~ -sha-Ii complet~ and r~turn~-he top portTon of the .__ce--e-~£ying t'ha'~ he is---fui-]i!r-a-w-a~-e 'o~ an~-~ders~--ail conditions of this perm--~---~l-~one week of ~6mp~t%-O-h-~f--t~% ~k, the bot~gm ~ortion of tha$ £orm snail also De com-~ ..p_~and ~eturned. For projects involving activities to be accomplished over a period of more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to the commencement of resumption of work each year. If project design modifications take place after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modi- fications. The permittee is advised that substantial modification may require submission of a new application for permit. Ail necessary precautions shall be taken to preclude contamination of any wetlands or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. The permittee is advised to obtain any permits or approvals that may be required f~om the U.S. Department of Army Corps of Engineers, NY District, 26 Federal Plaza, New York, NY 10278, (Attention: Regulatory Functions Branch), prior to commencement of work authorized herein. Je The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242, which may be required for any encroachment upon State-owned lands underwater. Regional Permit Administrator NYS Dept. of Environmental Conservation Bldg. 40, SUNY-Room 219 Stony Brook, NY 11790-2356 (516) 751-7900 TOIiN OF SOUTHOLD ~ITY :' ' ACR. ~ ,~f~ .. ~ ~ ~ .- :/¢. :::E~,- · ~ . . ]S.¢ I0 S~S. VL ' ¢," FA~ C~. CB. MISC. M~t. . ,' ~ND IMP. TOTAL DATE R~RKS ,( . / ~1:.:~4 ~2~ ~ ~ 7/J 2 /Z JJ.,l ',, ~ r , .. .... , , ~. ,, , /___-- _~ ~q~ NOeL BELOW ABOVE ::A~ Acre Vulue Per Value 'Acre ill~l~ :liable 2 )~ble 3 i~~ . . ' ~O~A~ ~ WA~ PI~ -' ~. ~- ,~. ~ '~ ' DE~ COLOR Porch Porch Breezeway Basement Roof Dormer Driveway Heat Rooms Ist F Rooms 2nd TEJkN OF.~ RES~ 9Lb LAND Tillable 1 Tillable 2 Tillable 3 Woodland Swampland IMP. NORt'tA~L VLToTAL FARM DATE BUILDING CONDITION BELOW ABOVE Value Per Value Acre COMM. CB. MISC. Mkt. Value FRONTAGE ON WATER Brushland House Plot Total FRONTAGE ON ROAD DEPTH BULKHEAD DOCK COLOR ' · * ' ~~_... . .. ... ~. · ~tension Bos~nt ~nsi~ ~t. Walls ~=~ ~w~. Interior Finish ~&~ ~ LR, Exte~ion Fire Pl~e ~ ~ H~t DR. ' T~e Po~h ~ R~r~ti~ ~ R~s ~ FIN. Porch ~rmer ='- ,~reezeway Driv~y ~o~. OWNER , FORME~gWNER .,~./~, LAND IMP. AGE NEW FARM tillable 'illable 2 NORMAL Acre T(~N OF SOUTHOLD 4~OPERTY RECORD CARD STREET VILLAGE SUB. N .E' VL. FARM COMM. CB. TOTAL DATE REMARKS MISC. Value ACR. ' I TYPE OF BUILDING LOT ~O BUILDING CONDITION BELOW ABOVE 13~., CE/? Value Per Value Ac re illable 3 /oodland vampland ushland )use Plot FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK M. Bldg. Extension Extension Extension Porch Breezeway Garage Patio Total 74 COLOR ' - I lllll D,~££/4 ~111' '' , III Ill III1~ I',1 r I I I I I I I I I I I ~ ~ T~I II ~ / / ~d~tion ~/~ , Both ~ ~_[~ . ' Dine~e Basement ~ ~ ~ Floors ~ .~ ~,. K. ~. Walls ~[~ ~ t~./~ Interior Finish ~hLr~, .c, z- LR. /~ ~ Heat f~ / ,~ , DR. ~ ~ ~ [ t~ Rooms Ist Floor BR. Recreation Roow Rooms 2nd Floc FIN. B. Dormer =~D&' ~ ~ Driveway I Fire PIoce Type Roof RES. LAND SEAS. IMP. VL TOTAL AGE NEW NORMAL FARM Acre Tillable 1 r' Tillable 2 · Tillable 3 Woodland .Swampland 'Brushland House Plot d~ ~ Total FARM DATE ,OMM. CB. MISC. Mkt. Value BUILDING CONDITION BELOW ABOVE Value Per Value Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEFT'H, 3U~H~D DOCK lOn~ e ~ /~ TRIM M. Bldg. ,2- G, '/- ~-'~ .' Foundatio~ d_ ~'- Bath / Extension '"~..~ ~ ~ [ ~., ~.. /c"' ~,,/. /.-- Floors ~//~ Extension Ext. Walls F. xt~ton Fire Place ~.~ Heat Type Roof Porch Rooms 2r~ Po~ch Dormer Breezeway Driveway ~N~' SEAS. IMP. VL TOTAL :2 .', /' FARM DATE ,,' ./4 · COMM. CB. MISC. Mkt. Value ~,*~s .e.. ~_ ' .- -. -. :~',.- .~, -, -' ' ,". ~/ ~ .'.*/' - ~-' ::~ ~[~ T, ~ Tillable Tillable 2 Tillable 3 Wood and [ Swampland Plot ,Total FRONTAGE ~i WATER DEFTH BULKHEAD DOCK Extension Extension Extension Porch Breezeway Garage Patio Total COLOR I -' I ¢~"~ Foundation Basement Ext. Walls Fire Place Type Roof Bath Floors Heat Interior Finish Rooms ]st Floor ~ecreation Room Rooms 2nd Floor Dormer Driveway Dinette K. LR. 'l /I DR. ~ FiN. B. ~IiI~NNER" $ I 1,1.EET VII~ r ?O~R O~NER N .d'-~ E AC~ rES~ ~.1(~ S~. ME L FARM [ CO~. CB. MI~. Mkt. Value ~ND IMP. TOTAL DATE R~S . e~ _ ,. .... _ ~.. ~ . ~_..~ . illable FRONTAGE ON WAT~ I~land FRONTAGE ~ ROAD t~ DEPTH ~ Plot BULKH~D ~tal ?/; COLOR /~//'" :') ' . 2. TRIM ~t!/ ~ :2' M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Total Foundation Walls :ire Place Type Roof Recreation Room .Dormer Bath Heat Rooms 1st Floor Rooms 2nd Floor Driveway Dinette DR. j FIN. B R R-80 R-4C isL4NO \, 1~9 GPGENPO~T NY 11944 ...................................... ~,_~ .... ,_~._=~_~ .... ~ ................................................................... -1-6 KING ~R~L~ W~ST ST ' '.,."" .. ~ I ~ / ~ COUNTY OF SUFFOLK .... ~ ............. I ............... I~'~'L~-----:--'I~... ,~ ~ ~,.~je. j J .... ~' ~Rea Properly Tax Serwce Agency TOWN CLERK TOWN OF SOUTHOLD Suffolk County, New York 516- 765-1801 N.0 3 9 4 7 2 ' Judith T. Terry, Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals of the Town nf $outh~ld : TO: NOTICE TO ADJACE~IT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1, Th~h is the intention of the undersigned to petition the Board nf Appeals of the Town of 5outhotd to request a~Variance~(Speciai Exception) (Special Permit) Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- 3. That the property which is the subject of such Petition is located in the following zoning district: 4 Tha~ h} such Petition, the undersigned will request the following relief: F/~ ~))~ S. That the provisions of the Southoid Town Zoning Code applicable [o the relief sought by the under- si[ned~re ~cZe VII} I o o- [ ] SectJon 280-A, ~e~ YorR To~n La~ for approval of access ove~ 6. Tha~ wimin five days from me daze hereof, ~ written Petition requesfin~ the relief specified above ~ill be filed in the Sou~hold Town Clerk's Office a~ Main Road Souzhold, New York and you m~y men an~ mere examine ~he same durin~ regular office hours. (5Z6) ~5-~809. 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, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. ',,,':' ' H//Z X 4-,ST-4?L Petitioner Owners ' Names: Post Office Address M WP /IT ; Te 1. No. ) 'g-77- [Copy of sketch or plan purposes.] showing proposal PR~C~F~r~'Mbll IN~n~n'rtr'~ i/]~ SENDER: Complete items 1 ~nd 2 when ~dd~ion~l ~e~iee~ ~r~ de,red, ~nd oom~l~te ~m~ -- ~/ 3 and 4. ,, ~ ~ ~ur a~m~ in ~e R~URN TO" Spsce on the r~er~ side. Failure to do this will prevent this card ]~'°m~ing~um~t°y°u'~~dJ?~~,~ ~t, ~.~. ~944' ~~whom delivered,(~r~e)date, and addms~e's address. 2. ~ Restricted(~tmc~e)Delivery , ~t, ~.~. 13. A~cleAddress~to: 4. ~ic¥~u~er~ ,~ ~ ]~ Ifil ~/ ' ~Ce~ified ~ COD ~ Express Mai~ ~ f~t~ ] , 5. Signature -- Addressee 8. Addressee's Address (O~L~i~ ~ request~ ~ ~e ~ PS Form 3811. ~p;. ! 7. Date o~ 0elive~ PS Form 3811, Apr. 1989 PS Foma 3811, Ap~. 1989 *ttS.O.RO. 195~-23~-~1S DOMESTIC RETURN REC~iPI DOMESTIC RETURN RECEIPT DOMESTIC RETURN h~.C=lr I 't, N.Y. t DOMESTIC RETURN RECE~ DoM~-$¥iC RETURN REG[::IY; DOMESTIC RETURN STATE OF NEW YORK COUNTY OF SUFFOLK SS.: ~gE~O~; M,~. I1 qq~ , being duly sworn, deposes and says that on the ~ day of ' ' ' ' ,'19 ~,deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are :he addresse~ of said persons as shown on the current assessment toll of the Town of Southo~d;tha~ said Notices were mailed at thc United States Post Of- rice at ~ff~ ~ ~ ,~.~ . //~ ;~hatsaid Notices were mailed to each of said persons by (certified) (registered) ~. / ' Sworn tO b~ore me~ ~is c;'Q3 ' (This side does not have to be completed on form L. ransmitted to adjoining property ownerS. ) . 7 : ;20' .t