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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 ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765~1800 ACTION OF THE BOARD OF APPEALS Appl. No. 4010SE. Application of JOSEPH AND LINDA FISCHETTI for a Special Exception to the Zoning Ordinance as authorized by Article VII, Section 100-71, for permission to convert existing dwelling for a professional and business office establishment. Location of Property: 235 Oaklawn Avenue, Southold, NY; County Tax Map No. 1000-61-3-3. Zone District: Residential Office (RO). WHEREAS, a public hearing was held on June 7, 1991, all those who desired to be heard were heard and their testimony recorded; and WJEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicants request a Special Exception for the conversion of an existing principal dwelling structure, containing a total floor area of approximately 845 square feet into professional and business office use as authorized under Article VII, Section 100-72B(2) of the Zoning Code. 2. The premises in question is located along the east side of Oaklawn Avenue in the Hamlet and Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 61, Block 3, Lot 3. 3. The subject premises is improved with a single-family dwelling structure having a total floor area of approximately 846 square feet, and located in the rear yard is an accessory frame storage building, all as shown on the survey map prepared February 6, 1991 by Roderick VanTu¥1, P.C. 4. This property, according to town records, has been held in single and separate ownership and used as a single-family Pag~ 2 - Appl. No. 4010-SE Matter of LIN-DA FISCHETTI Decision Rendered July 12, 1991 residence since 1957. The following nonconformities of the land and building exist: (a) (b) (c) (d) principal (e) less than nonconforming lot width of 80.80 feet; nonconforming lot area of 11,656 sq. ft.; nonconforming front yard setback of the principal structure at 15 feet; nonconforming northerly side yard setback of the structure at 12 feet; nonconforming setback of the accessory building at three feet from the property line. has been premises A Pre-Existing Certificate of Occupancy (No. Z19746) issued by the Building Inspector for the subject dated February 21, 1991. 6. The parking area is shown on the sketch submitted under this application. Nine (9) parking spaces are proposed along the easterly (rear) area of the principal building. 7. For the record, it is noted that: (a) this Board has granted approval of the substandard lot area and width of the premises for the use proposed herein under Appl. No. 4011 (b) the master plan revisions adopted on January 10, 1989 intentionally re-zoned the subject premises from "A" Residential and Agricultural to Residential-Office (RO); (c) there has been no literal change in the dimensions of the property or buildings since immediately prior to January 1989 or thereafter which might affect the circumstances of the revised master plan. In considering this application, the Board also finds and determines: (1) the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the Town; (3) the use is in harmony with and will promote the general purposes and intent of zoning. The Board has also considered subsections (a) through (1) of Article XII, Section 100-121(C){2} of the Zoning Code. Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Special Exception for professional and business office use, as applied under Article VII, Section · Pag~ 3 - Appl. No. 4010-SE Matter of LINDA FISCHETTI Decision Rendered July 12, 1991 100-72B(2) of the Zoning Code (and subject to site plan approval of the Planning Board). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio and Villa. (Absent was Member Grigonis due to illness.) This resolution was duly adopted. : CEIVED AND FILED BY THE SOUTHOLD TOWN CL~h~TM " DATE~'~/~/ HOUR ~,~'~/~ Town Clerk, Town of So~[hold GERARD P. GOEHRINGER, ~2~AIRMAN APPEALS BOARD MEMBERS Gerard P. Goelu'inger, 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 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: 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 Pri~ate Road, Southold, NY; County Tax Map No. 1000-79-5-20.5. Page 2 - Legal Noti~ 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. 7:45 p.m. Appl. No. 4027 Location of Property: 21755 County Tax Map No. 1000- - 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 33,668 sq. ft. and 25 ft. frontage Hamlet of Greenport, Town of 1000-41-2-12.1. (width) along Middleton Road in the Southold, NY; County Tax Map No. 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 NotJ 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 inground 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. sL8:00p.m. - Requests by JOSEPH AND~ Appl. Nos. 4011V and 4010SE ; INDA FISCHETTI concerning property known as 235 Oaklawn Avenue, / _ / outhold, NY; County Tax Map No. 1000-61-3-3 for. (1) a / Special Exception to the Zoning Ordinance as authorized by by ~ F the Board of Appeals under Article VII, Section 100-71, and, ~ 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 Delivered 5/14/91 L.I. Traveler-Watchman For Publication Town Clerk Bulletin Board (lobby) ZBA Board Members and Files ~i ' TOWN OF SOUTIIOLD , i 'i BUILDING DEPARTMENT i : ! ~!i TOWN CLERK'S OFFICE * ' ' i I' ~i SOUTIIOLD, N.Y. , ' , : NOTICE OF DISAPPROYA ' . .. . ~:~ Date ..... .. ~.~ ~. PLEASE TAKE NOTICE that your application dated .. ;~ .~~..~.,,, / /~' "~ .... [l~; ......~.. ..... ' ~"~ Hamlet County Tax Map No. 1000 Section ..... ~.~. [... Block .... ~[ ~. Lot .~..~. ., $ubdivi~on ..... Filed Map No ' ~ ' Lot No is returned herewith and disapproved on the following grounds..~.~.. ~.~ .I. ~ ...... , ..... ~-:~.~ ~..~ ..... ~...~.~..0. ~ ..~ ~ . .~ ~ , ...... Soulheid Tewn Clerk STOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. -Tu Date Filed: ~-~:.~.:.TO=~tqE~6N~-i~G ~OARD~OF APPEALS, SOUTHOLD, NEW YORK: (Resi'dence, House No. and Street) {Hamlet, State, Zip Code, Telephone Number} hereby apply to THE ZONING BOAPjZ,]~.[APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE ~_.~L , SECTION '/00 7/ , SUBSECTION ~ for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): A. Statement of Ownership and Interest. Lkv;~ ~--~/?x2/7L7 is(are~) the owner(s) of property known and referred to as ~__~ ~/c Z~]r-~ (House No., Street, Hamlet) identified on the Suffolk Coun~ Tax Maps as District 1000, Section ~/, Block ~ , Lot(s) O~ , which is~(is) on a subdivision Map (Filed , "Map of "Filed Map No. and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on ~ Z~/ B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: is the subject Of this application is zoned C. 9e property which [ ~is c~nsi~ent with the~' use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furni~ewith for the following reason(s): ~ [ ] is vacant land. ~ ~ [ sworn to before me this ~E day of ~roo}~,/~:.9~i~,..~ ~-~,~,,~ -',',,~. u,b Lq~ ~ O ~ ~~ . ~'~ Z 5 t P~OFESSIONAL mGINE~ ZB2 (rev. 2/6/86) ~m~'eJm~;u~ .... , and TOWN OF SOUTHOLD P~OPERTY RECORD CARD" OWNER STREET DISTRICT SUB. LOT FORMER OWNER S ~ '~ R ES.~../~ LAND TOTAL DATE SEAS. VL IMP. &Too VILLAGE E ACREAGE AGE NEW Farm Tillable 1 Tillable 2 NORMAL Ac re Tillable 3 Woodland Swampland Brushland BUILDING CONDITION House Plot Total BELOW Value Per Acre ABOVE FRONTAGE ON WATER Value FRONTAGE ON ROAD ~ID ·X,f,,C~ ' BULKHEAD DOCK · M. Bldg. Extension Extension Extension Breezeway Garage /?¢ ,/ ~xt. Walls Fire Place Patio Porch I Bath Floors Interior Cinish Heat Driveway l,t.,'~ u. 8,o Roof Type Porch Rooms 1st Floor Rooms 2nd Floor Dormer LtNtDA FiSCNETT ! ! / // / / / 2 November 2, 1992 ,,. :- .~-~en Hollows This minor subdivision is for 4 lots on :0 acres located on the north side of Bergen Avenue in .,~attltuck. SCTM~,1000-112-1-16.1. preliminary Extensions ~t~. Angel Shores - This proposed subdivision is for 49 lots ~vI on 92.74 acres located off Main Bayview in Southold. ~~, SCTMg1000-88-6-1, 4 & 5. 5 Setting of Final Hearings: ~ Edward Zuhoski Estate - Proposed amendment to th~ ~. approved minor subdivision of the Edward Zuhoski Estate to incorporate the 50' right-of-way with Lot #3. sc 1000-102-1- . Setting of Preliminary Hearings: ~?f~ Highpoint Woods a.k.a. Marion Woods - This major ' subdivision is for 9 lots on 20.5668 acres located on the north side of Main Road in East Marion. SCTM~1000-22-3-5 & 1- -15.1 1-4-15.2. Review of Reports: Engineer's Report ~c~J Harvest Homes Estates - Section Two - This major , subdivision is for 12 lots on 14.9 acres located on Oaklawn ~ Avenue and Wells Avenue in Southold. SCTM~1000-70-3-22. SITE PLANS Final Determinations: ~ Bridgehampton National Bank - This proposed site plan is ~9,~ for a bank and drive up window in an existing vacant ~ building in Mattituck Shoppin Center i _. g n Mattituck. - ~SCTM#J000-142-1-2. Lq ' '"1~ · ~,~ ~c~ ~nda F~schett~ - This proposed site plan ~s' for a ~m~ ~,~' t)' office building on 11,656 square feet located on'Oaklawn ~l~c~d'%'n~ Avenue in 'Southold, SCTM~1000-61-3-3. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination Cellular One - This proposed site plan is to erect a 100' (102') monopole and platform adjacent to an existing (~~,~.~n724 square foot concrete block building on a 1.848 acre lot in the Limited Business district, located on the west side Elijah's lane, 299 feet north of S.R. 25 in Mattituck. SCTM~1000-108-4-11.3. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, .Ir. 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 May 1, 1991 Mr. and Mrs. Joseph Fischetti 1725 Hobart Road Southold, NY 11971 Re: Appl. No. 4010SE and 4011V - 235 Oaklawn Ave., Southold Dear Mr. and Mrs. Fischetti: This letter will confirm that the above applications have been transmitted to the Board for review and that the public hearings are expected to be at our evening meeting calendared for Friday, June 7, 1991. A copy of the Legal Notice as published by our office will be forwarded to you as confirmation of the exact date and time of your hearing in the near future. Also, by way of a copy of this letter, the Planning Board is urged to forward any comments that they may have not later than June 3, 1991. Should you have questions, please feel free to call. Very truly yours, Lxnda Kowalski cc: Planning Board Attention: Bob Kassner DEPARTMENT OF' PLANNING cou" SUffOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE I 360-5206 ARTHUR H. KUNZ DIRECTOR OF PLANNING August 1, 1991 To~n of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the follo~ing application(s) vhich have been referred to the Suffolk County Planning Cor~mission 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) Fischetti, Joseph and Linda Fischetti, Joseph and Linda 4010SE 4011 Very truly yours, Arthur H. Kurtz Director of Plannin§ GGN:mb S/s Gerald G. New,man Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa · Telephone (516) 765-1809 BOAR~ 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 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, Article , Section Variance from Determination of Southold Town Building Inspector. X Special Exception, Article VII , Section 100-71 Special Permit Appeal No.: Location County Within 401~£Applicant: JOSEPH AND LINDA FISCHETTI of Affected Land: 235 Oaklawn Avenue, Southold, NY Tax Map Item No.: 1000- 61-3'3 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway,-Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission ..business office use on nonconforming parcel~i or Draiqage Channel Established Channel to establish professional ahd Copies of Town file and related documents enclosed for your review. Dated: July ~0, 1991 ,~ 3 - Appl. No. ~0'SE atter of' LINDA FISCHETTI Decision Rendered July 12, 1991 100-72B(2) of the Zoning Code (and subject to site plan approval of the Planning Board). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio and Villa. (Absent was Member Grigonis due to illness.) This resolution was duly adopted. i i CEIVED AND FILED BY THE SOUTHOLD TOWN CL~RK DATE ;/~'~/ff/ HOUR ~"~'~-~'~ Town Clerk, Town of So'hold GERARD P. GOEHRINGER, ~HAIRMAN 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 Oi: SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 29, 1991 Mr. and Mrs. Joseph Fischetti 1725 Hobart Road Southold, NY 11971 Re: Appl. No. 4010 - Special Exception (Office Use) Dear Mr. and Mrs. Fischetti: 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 Planning Board for its file and update. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Southold Town Planning Board Southold Town Building Department Suffolk County Department of Planning Residential Office (RO) District [Added 1-10-89 by L.I~o. 1-1989TM] § 100-70. Purpose. The purpose of the Residential Office (RO) District is to provide a transition area between business areas and low-density residential development along major roads which will provide opportunity for limited nonresidential uses in essentially residential areas. § 100-71. Use regulations. In the Residential Office (RO) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (2) One-family detached dwellings, not to exceed one (1) dwelling on each lot. Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (3) Buildings, structures and uses owned or operated by fraternal organizations and utilized for activities typically conducted by a fraternal organization, including but not limited to public meeting places, charitable and fundrais- lng events, patriotic observances and catering for public and private functions. [Added 11-28-89 by L.L. No. 22- 17891 B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board, provided that not more than one (1) use shall be allowed for each forty thousand (40,000) square feet of lot area: 14 Editor's Note: Thlsl~callawalaorepealed forraerArt. VlI, B-IGeneralBuain~D~rict ~ amended. () 10070 ~- 2~- 9o § 100-71 ZONING § 100-71 (1) Special exception uses as set forth in and regulated by § 100-31B(1) through (7) of the Agricultural-Conservation District. (2) "Professional offices and business offices. (3) Funeral homes. (4) Bed-and-breakfast uses as set forth in and regulated by § 100.31B(15), except that no site plan approval is required. (5) Libraries, museums or art galleries. (6) Wineries. [Added 8-1-89 by L.L. No. 15-1989] (7) Apartments may be permitted over business and professional offices as regulated by § 100-91B(4)(a) through (f), inclusive. [Added 12-12-89 by L.L. No. 23- 1989] C. [Amended 5-9-89 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 100- 31C(1) through (7) of the Agricultural-Conservation District and subject to the conditions set forth in § 100-33 thereof. (2) The following signs, subject_to the supplementary sign -) 'l-'-::: 11 ' ,f :1 I oo00000 JOSEPH FISCHETTI, J~ESSIONAL ENGINEEI~ Hobarf Road ~mul'l~c, ld. N. Y. 11971. HOBARTROAD PROFESSIONAL ENGINEER SOUTHOLD, NEW YORK 11971 (516) 765-2954 Zoning Board o~ Appeals Town o~ Southold Main Road Southold, New York 11971 Date: February 25, 1991 Reference: Linda Fischetti Variance Special Exception Dear Linda, As an addition to the above application, the total area to be used [or pro~essional/business o[fices will be the complete first [loor which consists of 845.6 square feet. In accordance with the ordinance we will provide nine (9) parking spaces as shown on the submitted site plan. J ~eph F~is etti, P.E1 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman ih Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa BOARD OFAPPEALS Telephone (516) 765-1809 TOWN OF SOUTHOLD SEgRA UNLISTED ACTION DECLARATION Appeal No. 4010 SEProject Name: Joseph and LInda county Tax Map No. 1000- 6 1- 3- 3 Location of Project: 235 0aklawn Avenue, S0uth0]d, 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 April 10, 1991 Fischetti NY Relief Requested/Jurisdiction Before This Board in this Project: Conversion of one-family to professional office building use 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, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. {~} this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRAAction, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has bee~ made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly 'relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site~ changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements o~ new buildings. (However, if you do not wish to assume lead agency status within 15'days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agenc¥.) For further information, please contact the Office of the Board Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tm Page 11 - Appl. No.4029 Charles and Angela Kyriakoudes Hearing Transcript of June 7, 1991 CHAIRMAN: Does the bulkhead run the entire length of the property. MR. MICHEL: Yes it does. CHAIRMAN: I couldn't determine that with some of the foliage there. Thats the reason why I asked the question. I don't have any further questions unless anyone else does. Thank you very much for your presentation, MR. MICHEL: You will let us know when i~is tim~ for the d~cisi~n. CHAIRMAN: Is there anyone else? who would like to speak in favor of this application. Would anyone like to speak against the application? There being no further comments, I make a motion closing the hearing and reserving decision. ALL IN FAVOR - AYE. Appl. Nos. 4011V and 4010SE - JOSEPH AND LINDA FISCHETTI The Hearing opened at 8:05 p.m. The Chairman read the legal notice for the record and the application before hearing testimony. Survey prepared by Roderick VanTuyl, P.C. dated February 6, 1991 indicating a parcel approximately 80' plus or minus by 141.05 plus. I have a copy of Suffolk County Tax Map indicating this and surrounding properties in the area. Would you like to be heard Mr. Fischetti? MR. FISCHETTI: Yes. Good evening Mr. Chairman and members of the Board. My name is Joseph Fischetti. I'm here for my wife, Linda, who is actually the applicant. The property was purchased in 1986 prior to the adoption of the toning ordinance. The property at that time was designated residential/office in the proposed ordinance. The strict conformity of the bulk schedule of the zoning ordinance would deprive us the right of the use of that property enjoyed by other property owners in that zoning district. A check of the zoning map will show that there are three lo'ts on the east side of Oaklawn Avenue which have been p~r~osely and consciously included in the residential office zone. ~Each one of these properties is less than 40,000 sq. ft. The Planning Board and the consultants indicated that this is suited for residential office by designating those as residential office. The rear of the property is the Presbyterian church. On the north side is Dr. Campbell's office, across the street is Southold high school. The granting of this variance will be in harmony with the general purpose and intent of this ordinance and will not be injurious to the neigh- borhood or otherwise detrimental to the public welfare. I hope that you will agree with this. Page 12 Appl. No. 4011 and 4010SE Joseph and Linda Fischetti Hearing Transcript of JUne 7, 1991 CHAIRMAN: Just for the record it is an interesting point having three parcels designated RO and not one of them meet the 40,000 sq. ft. minimum. I have no idea what the wisdom was at the time of the creation of that. Can you give us an example t~ what degree you intend to utilize this premises. MR. FISCHETTI: We only use the downstairs floor. The calculations for the parking are done just for the officearea. The second floor would be used only for storage of records. It would be used for professional office space in accordance with the zoning ordinance, the way it is now for residential office. There would be no changes in the structure or in the site work. Basically, it will stay just as it. There is enough places for five parking spaces for the Planning Board. We know we have to go to the Planning Board for site plan approval on this if you accept it. We spoke to all our neighbors. The neighbor, Rinny Terry on the other side is fine. He has no question. Dr. Campbell is on one side. The people in the back won't complain and the school is across the street. I feel that it is very suited for the use of office space. CHAIRMAN: You said you would only be utilizing the first story. MR. FISCHETT: That is correct. CHAIRMAN: What would the second story be? MR. FISCHETTI: Storage of records. CHAIRMAN: So you would actually be taking, what we refe~ to as a nonconforming structure or dwelling at this point and placing it into a conformity situation. MR. FISCHETTI: That is correct. CHAIRMAN: I thank you Mr. Fischetti. BOB VILLA: One question. Is the house being occupied right now? MR. FISCHETTI: That is right. We have it rented to a nice young family. It is so difficult when the zoning ordinance is in place that it takes so long to get your special exceptions. It has been rented and we will leave them in there until they want to leave but we are doing this. ~ soon as we find the economy back again we will probably go in there and do some ~,Wo~k.. CHAIRMAN: Thank you. Is there anyone else who would like to speak either for or against this application? Seeing no hands, I will make a motion closing the hearing and reserving decision. ALL IN FAVOR: AYE · , ' Theresa ~eill~' · (Prepared from tape recording) NOTICE IS HEREBY ~-iVEN;' L~w and ~.,s,~s~bo..~.~.n o S~old, ~ fo~o~Z ~ ~ BO~ OF SouthoM Town HaH, Ma~ Soutbold, ~ 11~1, on J~E ~, 1991, ~cing v:~o p.m. Ap~. ~o. ~0~ - ~CHARD O~E~. Req~t tor w~ce to ~c ~g mission to locate new dw~hS s~cm~ ~ t~ct: R-SO. ~ of Prope~y: Wes~rly Si~ ~ C~t Argue, Hs~ ~, ~; C~ ~ 1~, ~ 6~BI~ 6. ~ ~.5. 7:35 p.m. Appl. No. 4026 - ~AM~ ~D PA~A BOYLE. R~ucst for v~ m ~c O~, A~e ~V, Scc~ ncr l~ ~e ~st~ct: A~d ~~~75~ m- Conse~a~on (A-C). Lock,on of ~d ~e E~terly Side of n P~va~ m~ ex~ts.) Z~e ~st~ct: R-40. Re,d, Southold, NY; County Tax Msp N~x 1000-79-5-20.$. 7:40 p.m. AppL No. 4025 - ESTATB OF JBNN~S HARRIS by Rebe~ Taylor. Request f~ · vat, ncc ~ 100-142. 100-141, 100-24lA, for permission to enlm~e exisfinf pmpmed addiu'~m bavin8 insm~dmt e~ Prope~:. 21755 County Read Cmcbogue, NY; County Tax Map N~. I~00-g6-1-1&L 7:45 p.m. Appl. No. 4027 HALSEY A. STAPLES. R~lOeSt fo~ varisnce to the Zoning Ordinance, Anick XXVIIL Se~ion 100-281A(7) fo~ pennizslm to cmmmct new Ink- ez whlc~ is no~ccnformin~ and hu not bern held in singl~ and KparaU: ownership as exists since April 9, 1~57. Lot is noncenfonnin~ having a tmal lot ~ea o~ 33,668 sq. fL and 25 f~ frontage (width) dons Middleten Road in the Hamlet of Town of Somheld; NY; County Tax M~p No. 1000-41-2-12.1. 7:50 p.m. Appl. No. 4024 - RONALD STRITZLER, M.D. Ordinance, ~ I~ Se.~i_.-oa 100-33 for permission to locate accessory than the ~ui~ed rear yard. Z~ne Dis- trict: R-gO. Location of Property: NY; Co~mty Tax Mnp No. 1000.94-1- 14. 7:55 p.m. AppL No. 4029 - CHARLES AND~GELA KYRI- AKOUDES, R~que~or variance to Sectien 100-239.4B fo~ permission to locm ponicn of ins~mnd pool ~ fence mclo~u~ and portion of deck- feet f~c~ the exlsring bolkhe. M, and. Lecariea c~ l~peny: 1425 Kimbedy Lane, Sou~boid, NY; County Tax ldap No. 1000-70-1~-20.9. ~.~ ~,~,,:00 p.m. AppL Nos. 4011V and 4010SE - Req~su by ~'OSE~H ~ LINDA FISCHETTI concemins property known as 235 Oaklnwn Avenue, Somhold, NY; C.c~ty Tax ~ N~ 1000-61-3-3 fey (1) · Sp~- unc~ as mborized by by ~ Bmmt ~( Appeals under P~kk VIL Secdcn /100-?1, and, (2) if neceassty, · vari- [~nce to establish professional and . \uiccl~iden~l-Omc~iRO). ' · dm~ md ldiCe hear any and all per- heard in the above matter. Written comments may ilso be snbmitted hearing. Each hearin~ will no~ start befon~ the times dcsignmed above. For more inform&don, please call 765-1809. BY ORDER OF THE SOU'II-IOLD TOWN BOARD OF APPEALS GERARD P. GOEHRIIqGER CHAIRMAN By Lind~ Kowalski 7062-1TM23 · STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) of Mattituck, In said County, being duly morn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, · Weekly Newspaper, published at Mattituck, in tho Town of Southold, County of Suffolk and State of New York, and that the Notk~e of which the annexed is a printed copy, has been regulmf/published In said Newspaper once each week for [ weeks s~e_sslvo]y, oommo.Qn©lng on tho /-~ day of Principal Clerk Swom to before me this de.f// ~l*~,afy Pub~ S .t~g of Fb'df Yedt ~omm~:~ Exp~'os ~ ~. 19__ NOTICE OF HEARINGS NOTICE IS HEREBY GIV- iN, pursuant to Section 267 of Fhe Town Law and the Code of he Town of Southold, the ollowing public hearings will be eld by the SOUTHOLD ,-OWN BOARD OF APPEALS ~t the Southold Town Hall, ,lain Road, Southold, NY ~1971, on FRIDAY, JUNE ?, :991, commencing at the times pecified below: 7:30 p.m. AppL No. 4028- ~.ICHARD OLIVER1. Request 'or variance to the Zoning Or- iinance, Article III, Section i00-32 for permission to locate lew principal dwelling structure vith insufficient ~ar and side yard setbacks. Zone District: R-80. Location of ProPerty: Westerly side of Crescent .\veane, Fishers Island, NY; County Tax Map District 1000,, Section 6, Block 6, Lot 20.5:% 7:35 p.m. Appl. No 4026- IAMES AND PATRICIA 3OYLE. Request for variance to he Zoning Ordinance, Article X. XIV, Section 100-242A for :~ermission to enlarge existing xonconforming accessory building, located in thc side yard md front yard areas on this cor- aer lot. Zone District: · \gricultural Conservation (A- C). Location of Property: 10205 %rth 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 n variance to The Zoning Or- cllnance, Article XIV, Section 100-142, 100-141, 100-241A, for permission to enlarge existing Grcenport, Town of,~i~thold, NY; County Tax ~[~ No. 1000-41-2-12.L -- : 7:50 p.m. Appl. No. 4024- RONALD STRITZLER, ~M.D. Request for variance to the Zon- ing Ordinance, Article Ill, Sec-~ tion 100-33 for permission to: locate accessory tennis court structure in an area other than the required rear yard. Zone l District: R-80. Location of Pro- perty: 3055 Soundview Avenue, Mattituck, NY; County Taxi Map No. 1000-94-1-14. 7:55 p.m. AppL No. 4029- CHARLES AND ANGELA[ KYRIAKOUDES. R~quest for variance to the Zoning dinance, Article XXIII, Section · 100-239.4B 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 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- petty: 1425 Kimberly Lane, Southold, NY; County Tax Map N~ 1000-70-13-20.9. '~ ~. Nos. 4011V a}fd 4010SE- ~equests by J SEPHI0~_~3 LINDA FISCHETTI concerning pro, petty known as 235 Oaklawn Avenue, Southold, NY:.County. Tax Map No~ 1000-61-3-3 for: (1) a Special Exception to the Zon-~ lng Ordinance as authorized by tim Board of Appeals under Ar- ticle VII, Section 100-71, and, (2) if necessary, a variance to noncomforming dwelling in ~ Light Industrial (LI) Zone establish professional and District with a proposed addi-i! business office use on this 11,656~, i sq ft nonconforming parcel" tion having insufficient side and ![ · · · front yard setbacks. Location of [[ Zone District: Pa~idential-Office Property: 21755 County Road I (R[.~- 48 Cutchogue, NY; County Tax I----~Th..e Board of Appeals will at Map No 1000-96-1-18 1 smd tane and place hear any and 7'45 ~ m Annl I~'~' 4027 ] all persons or representatives HAL~:~ ~ ~'.~o~e o,- [ desiring to be heard in each of ................ ' ' the above matters. Written com- quest for wariance to the Zoning Ordinance, Article XXVIII, Sec- tion 100-281A(7) for permission to construct new principal dwell- ing structure upon premises which is nonconforming and i has not Ueen 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. fL and 25. ft. frontage (width) along Mid- dleton Road in the Hamlet of ments may also be submitted [ prior to the conclusion of the I 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 BY: Linda Kowalski I~.~/T~/91(62) COUNTY OF SUFFOLK S'I'A'I'IE OF NEW YORK 55: 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 the notice of which the annexed is a printed copy, has heen published in said Long Island Traveler-Watchman once each week for ............. ........./ .... . weeks ~uccessiv~ly, commencing on the ......... ,~.' ~ · Sworn lc) before me this ..................... clay of Notary Public BARBARA k SCHNEIDER NOTARY PUBUC, State of New York No. 4806846 Qualified in Suffolk CotJntyt 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 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 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. GOEHRINGER CHAIRMAN 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. -~: ~J-L~.- 45 Hampton Road Southampton, NY 11968 Steve Latham, Esq. .~ ~ 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 93 - 3075 Indian Neck Lane Peconic, NY 11958 Mr. Halsey A. Staples 29 Middleton Road Greenport, NY 11944 Ronald Stritzler, M.D. 51 Stirrup Lane ROSLYN Heights, NY 11577 Mr. Michael A. Michel, Michel & Associates 9 Village Square Glen Cove, NY 11542 r. and Mrs. Joseph Fischetti, 725 Hobart Road ld, NY '11971 ASLA ~ ~~ 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: F ROM: DATE: RE: ZONING BOARD OF APPEALS OFFICE OF THE TOWN CLERK FEBRUARY 26, 1991 ZONING APPEAL NO. 4010 Transmitted herewith is ZONING APPEAL NO. 4010 (SPECIAL EXCEPTION APPLICATION) for LINDA FISCHETTI together with the Notice to Adjacent Property Owners, the Pre-Existing Certif- icate of Occupancy, the Notice of Disapproval from the Building Department, the Zoning Board of Appeals' Questionnaire, the Short Environmental Assessment Form, the Site Plan, and a drawing of the First Floor,,. and a letter from Joseph Fischetti, Jr. to the Zoning Board of Appeals 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 of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That i~.L~the in~.~n of the undersigned to petition ztle Board of Appeals of the Town of Southold to request ~1 Excepted) (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- cribed as follows: 235 Oaklawn Avenue. Southold 3. That the property which is the subject of such Petition is located in the following zoning district: R.O. Residential Office District 4 Thatb~suchPedtion, theundersigned willrequestthefollowingrelief: 1. Special Exception use as permitted for Professional/Bus. office 2. Relimf from the 40,000 square foot lot requirement $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article VII Section 1~-71 B [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way] 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Aeppeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:' Petitioner Owners'Names: Linda Fischetti PostOfficeAddress 1725 Hobart Road Soq~hold, New York 11971 Tel. No. ( 516 ) 765-2954 [Copy of sketch or plan showing proposal to be attached for'convenience purposes.] 2 5 1991 'i! NAM~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Dr. John C. Campbell Main Road Southold. New York 11971 John Kuczynski 1375 Ackerly Pond Road Southold, New York 11971 Rensselaer Terry Oakl-awn Ave Southold, New York 11971 Presbeterian Church Main Road Southold, New York 11971 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: , being duly sworn, deposes and says that on the ~'.$" day of /~c,&~'~','~7' ,19 c/! , 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 the addresses of said persons as shown on the current assessment, roU of the Tqwn of Somhold; that said Notices were mailed at the UJq~ed Staies'Post Of- flceat '~OJf"t"'tYr"~'/(/'!/9/ ; that said N ot~ ~/~~of~a~..~persons by il. Sworn to before me this ,~ day of '~e['xa~9 r,., .19 ~ I ,JOSEPH I:ISC:FIETTI, ,JR. (This side doe~s not have to be completed on form transmitted to adjoining property owners.) 984 P 271 448 982 RECEIPT FOR CERTIFIED MAIL [See Reverse) ~ PO,, lea Zl ode Speoal Delivery F~ Restricted De0very Fee Return Receipt RECEIPT FOR CERTIFIED MAIL N(] INSURANCE COVERAGE PROVIDED NOT FOR ]NTERNATIONAL MAIL rSee Reverse/ P 271 448 983 RECEIPT FOR CERTIFII=D MAIL NO INSURANCE OOVERAGR PROVIDED NOT FOR INTERNATIONAL MAIL P 271 448 985 RECEIPT FOR CERTIFIED MAIL (See Reverse) Date. and Add~q., FORM NO, 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TO'~¥N CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ...,~] .~.c~...~. ...... 19 .ti .I.. forp~it,, "'~.-.~h-~ ~ ~~,~.~ ~ .~ t'r ' ' ' IF~ .......... · ...... : at Location of Property . ~ ~.~ ~ ~[~ ~ ~ ~ . .~O~ ' otreet Hamlet County Tax Map No. 1000 Section ..... ~.~. ~. ·. Block .... ~..~ ..... Lot . .~..$ ........ Subdivision ................. FiI~d Map No. r ............... ~ot No ............... ~.. is returned herewith and disapproved on the following grounds..~:~.~..$.~ I~ _ . q .... ~-'] ....... ~-.~-.~..~. · "'~'~'"'-a,<~. ~~..%..~.~. ~~. · ~..'~~.~ .~ ~. n ' "b' .................................. · ~ng Inspector Rv 1/80 FORM NO. 4 TO~ OF SOUTHOLD BUILDING DEPA/RTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF ~PCCUPANCY No Z-19746 DATE: February 21r 1991 THIS CERTIFIES that the building O5~ FAMILY DWELLING Location of Property 235 OAKLAWN AVENUE House No. Street County Tax Map No. 1000 Section 61 Block 3 Lot 3 Subdivision Filed Map No. Lot No. ccnforms substantially to the requirements for a Private One Family Dwelling built prior to: APRIL 9, 1957 SOUTHOLDr NEW YORK H~mlet pursuant to which CERTIFICATE OF OCC. #Z-t9746 dated FEBRUARY 21r 1991 was issued, and conforms to all of the re~airements of thc applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY COAL BIN & PLAYHOUSE * The certificate is issued to of the aforesaid building. LINDA FISCHETTI (owner) SUFFOLK COUNTY DEPARTMENT OF HE~'~TH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. /Building Inspector Rev. 1/81 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) B. Is the subject premises listed on the real estat~ market for - sal~or being shown to prospective buyers? { } Yes {%/} No. (If Yes, please attach copy of "conditions" of sale.) De Are there any proposals to change or alter land contours? } Yes { } No 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas.shown on the map submitted with this application? 3. Is the property bulkheaded be.t. we.~n the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Tgw~ATrustees for its determination of jurisdiction? IV/ E. Is there a depression or sloping elevation near the area of proposed gg~truction at or below five feet above mean sea level? fVl~ (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? ~ If none exist, please state "none." G. Do you have any construc%%gn, taking place at this time concerning your premises? /FO~ 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 p~es_~nt use nor operations conducted at this parcel ~~ /.~ and proposed use Auth 3/87 d Date 10/901k ,JOSEPH FISOHETTI, JR. P, ROFEsSIONAL ENGINEER Hobart Road ~oufheld,, N, ~ I1~?'1 § 97-13 WETLANDS § 97-13 TOWN -- The Town of South)Id. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-54~4 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~ ;~'~' ~"~ ~r ~{DAL WETLANDS: ~ (1) All lands generally covered or intermittently cov- ered with, or which herder 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. bo~s, salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; (2) All banks, boge, meadows, flats and tidal marsh subject to such tides and upon which S'rows or may ~row some or any of the followin~ salt hay, black STaSS, saltworts, sea lavender, tall eordgrass, high bush, cattails. ~roundsel, 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- ty-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- tie 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a 'freshwater wet- land;" as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 2-2s-ss 617.2 Appen(.li SI.ale Environmental Qu.31ily Revi,w SRORT ENVIRONMENTAL ASSESS~IENT FORU , For UNLISTED ACTIONS Only PART I~PROJEcT INFORMATION (To be completed b~ ADalicant or Project sponsor) SEQR 5. lc ,oflOPO~EO ACTICN: ~Yes E]t;o i· ITH EXISTING ZONING OR OTHER F--XISTIN~'-'~-'~NO USE RESTRICTIONS'/ 10. CC[S ACTIC:; itWOLVE A PERMIT AP~RQVAt-. OR FUNDIt~G, NOW OR ULTJLIArEL¥ FROM ANY OTHER GQVERNMEN Il. ROESANyAS ECT CF I CERTIFy THAT THE IflFORMAflOI, I PROVIOEO AI]OVE IS TRUE TO THE REST OF ~,ly KNOWLEDGI= , OVER I (Continued on re:~erse The N.y.$. Environmental Quality Review Act ~NSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available informationconcerning 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- (c) If all questions have been answered NO it is likely that the project is not Significant. (d) En_~vironmental 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 form on the site? 3. Will project alter or have a large effect on - Yes NO an existing body of water? 4. Will project have a potentially large, impact on ~Yes .__No groundwa=er quality? 5.Will project significantly effect drainage flow on adjacent sites~ 6.Will project affect any threatened or endangered~ plant or animal species? 7. Will project result in a major adverse effect On air quality? 8. Will project have a major effect on visual char- known to be important to the community? ~es __._No 9. Will project adversely impact any site or Struct- ure of historic, pre-historic, or paleontological envircnmental area by a local agency? ____Yes 10. Will project have a m~jor effect on existing or future recreational opportunities? 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- 13. Will project have any impact On public health or Safety? 14. Will project affect tho existing community by directly causing a growth in permanent popula- tion of more than 5 percent OVer a 'one-year ._..Yes NO charact~ of the community or neighborhood? 15. Is there ~lic controv~co, . pro ct? / ¼ -% cern ng the 617.21 '~. Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 2. PROJECT NAME 3. PROJECT LOCATION: County 5. IS PROPOSED ACTION: [~ New ~--~ ExDansl~t 6. DESCRIBE PROJECT BRIEFLY; r~ Modification/alteration ?. AMOUNT OF LAND AFFECTED; Initially acres Ultimately -- -- acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONIN~OR OTHER EXISTING LAND ~'~ Yes [] NO If NO, Cescribe brielly 9. WHAT IS PRESENT LAND USE I'~"VICINiTY OF PROJECT? · [] Residential J~ tndUSlrial ?,[] Commercial [] Agriculture [] ParkJForest/Open si~ace [] Other 10, DOES ACTION INVOLVE A PERMIT A~'~ROVAL, OR FUNDING, NOW O~ULTIMATELY FROM AN~t=nMuc.,,? , STATE OR LOCAL)? ............. A,. AGENCy (FEDERAl. [~] Yes [] No Il yes. list agency(s) and pe~miUapprovals 11. DOES ANY ASPECT OF THE ACTION ~AVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes ~ No I! yes. list agency name and pa/mil/approval t?o AS A RESULT OF PROPOSED ACTION WILL EXI$'~"'INO PERMIT/APPROVAL REQUIRE MODIFICATION? [] Ye, [] No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Slgnalure: agency, complele Coastal Assessment Form before proceeding with this assessment OVER 1 (Con~&~ued on ~eve~se SEQR QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) B. Is the.subject premises lis~ed on the real estate market for sal~wor being shown to prospective buyers? { } Yes {~} No. (If Yes, please attach copy of "conditions" of sale.) Are there~a~y proposals to change or alter land contours? } Yes {~} No 1. Are there any areas which contain wetland grasses? ~/~ 2. Are the wetlagd area~ ~own on the map submitted with this application? ;v~/ 3. Is the property bulkheaded be.t.w~en the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the To~Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed cor~truction 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 an~,~ar~ not shown on the survey map that you are submitting?fFO~J If none exist, please state "none." G. Do you have any construction,taking place at this time concerning your premises? ~/d)%-f 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 q~ any co-owner also own other land close to this parcel? ~/~ If yes, please explain where or submit copies of deeds. I. Please list Rres~nt use or, operations conducted at this parcel Sw~-~ /--7~w~ /~6~ and _ propgqed use / - %Prz . YZ - JOSEPH FISCH~TTI, j~, AuthOrized S~gnak~re ~ ~d Date ~ ~ 11971 § 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 E)/~ ~' ~' · '~ ~ A. ~DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including' but not limited to banks, bogs, salt marsh, swamps, meadows, 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 grows 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 (s) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal 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 wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a Ufreshwater wetland." 9705 2- 2~- ss ~/-~-10.2 PRI~CE FREDERICK ~ HENi~¥ .......... ~OdT,'I~L9 NY '3889 SOUTiIOLD NY .-2-10.3 SOUTHOLD HISTORICAL SOCIETY MAIN ,'~89 .... $O!JTHOLD NY '3589 SO~JTHOLO NY :';2-1~ TOWN'OF souTHOLD .................. MAIN ROAO '38~9 SOUTHOLD NY . _ '. ... .......... . -. .. ..- ........... -.- .... ;;'_. .......... ~;. ~ .... .-2-14 FIRST SOUTHOLD CO 5~65~ "AIN ~ '3389 SDUTHOL~, N.Y. ~'2-15 BOYD EDWARD J' V CEDA~ g~ACH ~D SOUTHOLD NY .-2-15_ HALL ANNE ~ 10~3 YOUqGS AVE ;-3 ~ 89 - SOIJTHOLD NY 'J...3~? SOUTHOLD I','Y ,'_:.:;:;:Z"-,-;_ ....... ====================== ...... : ...................... ,.::'. ..... Z- ....... ;;;;';;;;;;;-;; '3889 SOUTHOLD NY '~ ~ SO~JTHCLD NY :'-:;-- ...... :;~-~;,':::'- -;,~;;;;; ............................................. '~S~9 $OUT~OLD ~Y · -3-~ Z~$ROSKI MARY ~ 2~ GARDINER$ L '3§~9 SOUTHQLD NY ;'£ __; ; .... - ......... £ .-3-? NORSTAR 3ANK TRUST DEPT ~00 ~RO~OHOLLO~ '3~89 ATT~ FIRS DOROTHY CLAVELL ..... HELVILLE NY ':*-3-~1 ................ RAND CHARLEs $ LAURA ..................... 360 TUCKERS LA~ '3889 SOUT~IOLD NY '3~89 CEMETERY ~)F FIRST CHURCH ........... SOUTHOLD N Y J ~ COUNIY Oi: SUH-'~Lr, i-' '~ --~.~ReoJ Property Tax Service Agency ,060 ! (~) COUNTY OF SUFFOLK '..~. SOUTHOLO [ ..... A--C x, R-SO A-C A-C SO U THOI. O / / / ! \ \ \ R -40