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HomeMy WebLinkAbout3921 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. 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 ACTION OF THE BOARD OF APPEALS Appl. No. 3921 Matter of EILEEN VILLANI. Variance to the Zoning Ordinance, Article XXIII, Section 100-239 B, for permission to construct deck addition to existing one family dwelling. proposed construction will be within 75 ft. of water or wetlands. Property Location: Private Road 925 Wood Lane, Peconic, County Tax Map No. 1000, Section 086, Block 06, Lot 10. WHEREAS, a public hearing was held and concluded on April 19, 1990 in the matter of the Application of EILEEN VILLANI, under Appeal No. 3921; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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. The premises in question is located along the north side of Wood Lane, Hamlet of Peconic, and is identified on the Suffolk County Tax Maps as District 1000, Section 086, Block 06, Lot 10. 2. This is an application for Variances from the Zoning Code Article XXIII, Section 100-239 B, for permission to construct a deck addition to existing one family dwelling, proposed construction will be within 75 ft. of water or wetlands. Page 2 - Appl. No. 3921 Matter of EILEEN VILLANI Decision rendered May 1, 1990 3. Article XXIII, Section 100-239 B, Ail buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than Sounds shall be set back not less than seventy-five (75) feet from the bulkhead. The following exceptions will apply: 4. The subject premises in question: (a) is located in the R-40 Zone District; (b) will contain an area of 38,635 square feet; (c) is improved with a one story framed house and a framed garage with an attached glass greenhouse. 5. In considering this application, the Board finds and determines: (a) that the circumstances uniquely related to the premises nonconformities; of this application are and its established (b) that there is no other method for appellants to pursue; and placing the proposed deck addition in any other location on the premises will require other variance relief; (c) that the area chosen for the deck is not unreasonably located; [d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was Page 3 - Appl. No 3921 Matter of EILEEN VILLANI Decision rendered May 1, 1990 RESOLVED, to GRA/qT a Variance in the matter of the application of EILEEN VILLANI as applied under Appeal No. SUBJECT TO THE FOLLOWING CONDITIONS: 3921, 1. That the deck which is attached to the house not encroach any further than 39.8 ft. to the bulkhead and that any further additions to the deck come before this Board under 239.4 of the Zoning Code. 2. That the deck be unroofed and that any lighting used to light the deck be shielded to the property. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio (Absent Serge Doyen, Fishers Island). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN RECEIVED AND /LED BY THE SOUTHOLD TOWN Cr~'.RK Town Clerk, Town of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. 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 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, APRIL 19, 1990, at the following times: 7:30 p.m. Appl. No. 3926 - MURRAY JACOBS. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved for permission to construct an accessory shed in side yard, accessory buildings may be located in the required rear yard. Property Location: 1180 Sage Boulevard, Greenport, County Tax Map No. 1000, Section 53, Block 5, Lot 9. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 19, 1990 7:35 p.m. Appl. No. 3927 - MARK AND ELLIE GORDON. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved, for permission to construct an accessory building to tennis court located in front yard, accessories permitted in the rear yard area only. Property Location: Private Road #7, Fords Road, Southold, County Tax Map No. 1000, Section 087, Block 01, Lot 18.4. 7:40 p.m. Appl. No. 3928 - SAMUEL AND RACHEL SALZMAN. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct addition to an existing dwelling, proposed construction will have insufficient front yard setbacks. Property Location: 65 Old Salt Road and 400 Rochelle Place, Mattituck, County Tax Map No. 1000, Section 144, Block 5, Lot 22. 7:45 p.m. Appl. No. 3920 - A. LIOS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct a deck addition to existing pool, proposed construction exceeds permitted lot coverage, and will have insufficient side yard setbacks. Property Location: 310 Linda Road, Mattituck, County Tax Map No. 1000, Section 106, Block 1, Lot 14. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 19, 1990 7:50 p.m. Appl. No. 3921 - EILEEN VILLANI. Variance to the oning Ordinance, Article XXIII, Section 100-239 B, for ermission to construct deck addition to existing one family welling, proposed construction will be within 75 ft. of water r wetlands. Property Location: Private Road 925 Wood Lane, nic, County Tax Map No. 1000, Section 086, Block 06, Lot 10. 7:55 p.m. Appl. No. 3919 - THOMAS COLLINS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239 4.B, for permission to construct a deck addition to a one family dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 305 Dawn Drive, East Marion, County Tax Map No. 1000, Section 35, Block 5, Lot 20. 8:00 p.m. Appl. No. 3930 JOHN C. PEtARONE. Special Exception to the Zoning Ordinance, Article X, Section 100-101B, for permission to occupy and use as a billiard parlor for commercial recreation. Property Location: Main Road, State Road 25, Mattituck, County Tax Map No. 1000, Section 122, Block 6, Lot 31. Page 4 - Notice of Hearings $outhold Town Board of Appeals Regular Meeting of April 19, 1990 8:05 p.m. Appl. No. 3914 EVA HALLA. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIV, Section 100-244, Bulk and Parking Area, Article XXIII, Section 100-239.4, building setbacks from water or wetlands, for permission to construct a one family dwelling. Property Location: 55 Glen Court, Cutchogue, County Tax Map No. 1000, Section 083, Block 01, Lot 01. 8:10 p.m. Appl. No. 3922 - ROBERT AND THERESA TURNER. Variance to the Zoning Ordinance, Article III, Section 100-30 A.4, Bulk and Parking area, for permission to construct an attached swimming pool to house. Drive, Laurel, County Tax Map No. Lot 17. Property Location: 1525 Albo 1000, Section 126, Block 03, 8:15 p.m. Appl. No. 3925 - ELSIE PARKIN. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Bulk and Parking Regulations in this Division of Land. Property Location 7575 Skunk Lane, Cutchogue, County Tax Map No. 1000, Section 104, Block 04, Lot 27. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 19, 1990 8:20 p.m. Appl. No. 3908 - ROBERT OCHENREITER AND EDWARD LENCESKI. Variance for reversal of a building permit to construct a one family dwelling. Property Location 565 Bayer Road, Mattituck, County Tax Map No. 1000, Section 139, Block 3, lot 14. 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~ents may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, Please call 765-1809. Dated April 9, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIP/~3~N By Doreen Ferwerda 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 .~.9.. ............... ....... .... ; ...... Location of Property . .c~ .oq.~.... ~ .c)-~k~....'-~....ar,A%..... '.~.?.~....(~... ..... '../.~....c.,?~...~ ....... House No. Street Hamlet County Tax Map No. 1000 Section ....~ '~.G. ...... Block .... ~/O ....... Lot . ./..D .......... Subdivision ................. Filed Map No. : ............... Lot No .................. is returned herewith and disapproved on the following grounds .~.~...~.. ~ .... .,. q :..~.~..~.~... ~.~.. ~..~. ::'?....~. ~.~..~~.. "/q k~n~a '~ t9 ' ~ ...... i'~ ..... Buxldxng Inspector RV 1/80 ~ TOWN OF SOUTHOLD, NEW YORK II C IIV D APPEAL FROM DECISION OF BUILDING INSPECTOR FEB 2 0_ 90 · ~l~lildlJ J'TI~O;T~I~ON NG BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. DATE...~.gg.L~...~9.,...j.989 1, X~Y/~)Ei.le~.n...G....~i.llgni .......................... of.lgg...OlA..Aes.th~=~...R.~a~ ........................ ...... Name of Appellon~ Streetand Number Municipality .N..:.X.:....i..L.5...6..8.....HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (x) (x) Existing Deck Name of Applicant for permit of .... 2. an. c . ........................................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY on Existing one family dwelling 1. LOCATION OF THE PROPERTY .92.~....~.n.o.d...ka.m¢....(t'.×.t,.,...t(~...)....P..F,¢.Q~.!.C ....................... Street /Hamlet / Use District on Zoning Map District 1000 SectionO86Block 06Lot 10 Current Owner Eileen G. Villani Mop No. Lot No. Prior Owner A-~e 0l~n 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 XXTTT Section 10fl-2~9R 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 Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 (~) use existing deck on one family dwelling 4. PREVIOUS APPEAL A previous appeal (has)(~has n~been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in 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 existing deck is within 75 feet of wetland. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIPbecau~ the improvement, the one family dwelling constructed prior to December 4, 1968 and prior to present owner taking ownership of the property. The deck cannot be located_ without being within seventy-five (75) feet of the wetlandS. The deck will not result in increased indensity or changes in population nor in the character of the neighborhood. 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 SEE 1 ABOVE 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because SEE 1 ABOVE STATE OF NEW YORK ) ) COUNTY OF SUFFOL~ SS Signoture Sworn to this ....................... ~..~k ................ day of ..........~eb.~.uar.y. .......................... 19 90 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER J STREET VILLAGE J DIST. . J COUNTY TAX MAP NO. LAND IMP. TOTAL ' DATE REMARKS: , Extension Extension ': Fire Place ~ Heat c-~ L B~ , ,~ ~X l~ .. ~ ;:~-~, Garage ~ O~ . ,~ 5~1: Driveway ~[" (o~, Dormer o. B. DEPARTMENT OF PLANNING PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H. KUNZ DIRECTOR OF PLANNING June 5, 1990 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Con~ission 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. iPlicant(s) leen Villani Murray Jacobs John C. Perrone Municipal File Number(s) 3921 3926 3930 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE. LI.. N~W YORK 11788 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. 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 t'o Board the XX Article XIII of the Suffolk County Charter, the of Appeals of the Town of Southold, New York, hereby refers following to the Suffolk County Planning Commission: Variance from the Zoning Code, Articl~XII~ Section 100-239 B Variance from Determination of Southold Town __ Special Exception, Article , Section Building Inspector, Special Permit to Appeal No.: 3921 Applicant: Eileen Villani Location of Affected Land: Pvt. Rd. 925 Wood Lane, Peconic, NY County Tax Map Item No.: 1000-86-6-10 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Thruway 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 Owned by the County or for Which The County Has Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. or Drainage Established Channel Channel COMMENTS: Applicant is requesting permission to construct deck addition, existin~ one family dwelling, Proposed construction will be within-75' of water or wetlands. Copies of Town Dated: May 31, file and related documents enclosed for your 1990 review. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. 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 May 29, 1990 Robert F. Koz~kiewicz, 616 Roanoke Ave. P.O. Box 779 Riverhead, NY 11901 Esq. Re: Appl. No. 3921 - Eileen Villani (Variance) Dear Mr. Kozokiewicz: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before commencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors' County Planning Office SOUTHOLD TOWN ZONING BOARD OF APPEALS COUNTY OF SUFFOLK : STATE OF NEW YORK SOUTHOLD TOWN ZONING BOARD OF APPEALS HEARING In the matter of: Murray Jacobs, Mark and Ellie Gordon Samuel and Rachel Salzman Thomas Collins John C. Perrone Eva Halla Robert and Theresa Turner Elsie Parkin, Applicants 53095 Main Road Southold, New York 11971 April 19, 1990 BEFORE: GERARD P. GOEHRINGER, Chairman BOARD MEMBERS: CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ALSO PRESENT: DOREEN FERWERDA 20. THE CHAIRMAN: The next appeal is in behalf of Eileen Villani, Appeal Number 3921. Legal Notice reads: Upon application of the applicant, Eileen Villani, variance to the Zoning Ordinance, Article XXIII, Section 100-239B, for permission to construct deck addition to existing one-family dwelling, proposed construc- tion will be within 75 feet of water or wetlands. Property location: Private Road 925 Wood Lane, Peconic, County Tax Map Number 1000, 086-06-10. The survey I have before me is dated November 6, 1989 and in behalf of Surveyor, Howard W. Young, it indicates a one-story frame house and garage and to add a deck of varying distances along the rear of the house adjacent to the waterfront. I have a copy of the Suffolk County Tax Map indicating this and the surrounding property in the area. Is there somebody that would like to be heard? (Robert Kozakiewicz - phonetic spelling) MR. KOZAKIEWICZ: I'm here on behalf of Eileen Villani. I believe the notice may be misleading, "to construct." Permission to con- struct a deck, existing one-family dwelling and pursuant to April, 1985 or shortly thereafter, 21. her husband and son constructed a deck. Recently she discovered the problem and §or Notice of Disapproval from Mr. Lessard and went to the Board of Trustees. I think the letter is all part of the record befor~ the Board. We recently also sent you a notice from the D.E.C. indicating a letter of No Jurisdiction from them based upon the fact the bulkhead in question has been there since or prior to September 20,1977. The house, when purchased in 1985 was in the present con- figuration as it existed,- and would be within the 75 feet of the bulkhead as it was. I spoke to Mrs Villani and she could not be here and she indicated to me that she wished to make known to the Board that at that time she didn't realize the consequences inasfar as the Town Board with the 75 foot setback, and the survey does show, with respect to setback, we have 39.8 feet wood bulkhead and 45.8 ... so we're lookin§ for a variance on approximately 50% in this case. THE CHAIRMAN: Does she plan to have a roof on the deck at all? MR. KOZAKIEWICZ: No. THE CHAIRMAN: So the deck will remain open? 22. MR. KOZAKIEWICZ: Yes. THE CHAIRMAN: Will there be any changes or modifications to the deck? MR. KOZAKIEWICZ: She tells me, no. She indicated there would be none. THE CHAIRMAN: Will there be any additional lighting placed around the deck? MR. KCZAKIEWICZ: No, I didn't ask her that particular question. I don't believe so. THE CHAIRMAN: Well thank you for coming in. I have no further questions. Are there any questions by any Board Members? (Collective response: No.) THE CHAIRMAN: Would anybody in the public like to speak either pro or con concerning the last application. (No response) THE CHAIRMAN: Seeing no hands, I'll make the motion to close the hearing and reserve decision till later. MR. DINIZIO: Second. MR. GRIGONIS: Aye MR. DOYEN: Aye MR. SAWICKI: Aye MR. DINIZIO: Aye THE CHAIRMAN: The next appeal on the agenda is Applicant Appeal Number 3919, Legal Notice reads: Upon application of applicant Thomas Collins, variance to the~Zoning Ordinance, Article XXIII, Section 100-239 4.B, for per- mission to construct a deck addison to a one- family dwelling, proposed construction will be less than 75 feet from the bulkhead. Property location: 305 Dawn Drive, East Marion, County Tax Map Number 1000, Section 35-5-20. I have a survey from Howard W. Young, the most recent date, May 31st ... I'm sorry, September 6, 1989, indicating a one-story frame house and garage somewhat centrally located. The nature of the application is three-phase deck which extends to the southeast property line pretty much east, comprising different variations of. 16.3xi~ feet; 8.0x5'; 10.8x7' and attached and graduated as it goes down to the water. I have a copy of the Suffolk County Tax map indicating this and surrounding prop- erty area. Would anyone like to be heard? Sir? 23. CERTIFICATION I, Myrtle Kiefer, do hereby certify that I am an Official Court Reporter and that the foregoing constitutes a true and correct transcript according to my official stenographic notes. Date Myrti~ Kiefer,%- g/ Grand Jury Reporter 55. I'd like to run out for a second and grab a little more water. We'll recess. So mo~e. Ail in favor? MR. GRIGONIS: Aye MR. DOYEN: Aye MR. SAWICKI: Aye MR. DINIZIO: Aye (Recess of the Agenda for April 19, 1990) (Last hearing on April 19, 1990 Agenda, Robert Ochenreiter and Edward Lenceski, Number 3908 - See separate transcript, same date. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE Town of Southold Zoning Board of Appeals Re: April 16, 1990 Appeal #'s 3914, 3919, ~, 39 2, 3~6, 39 7 & 39Y~/~/~'/~- /~.~3~//~ Town of Southold Gentlemen: Please be advised that pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above captioned application will not be reviewed because of noncompliance with requirements for notice and maps as stipulated in Informational Bulletin No. 8 of the Suffolk County Planning Co~ission. The following information will only be accepted upon submission through the offices of the municipal referring agency. Please provide the following: (1) a transcript of the minutes of the public hearing; and (2) the analysis and conditional findings of the ZBA. Thank you. Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/sGerald G. Newman Chief Planner PETER S. DANOWSKI, JR. ROBERT F KOZAKIEWICZ LAW OFFICES PETER ..~. DANOWSKI, ,JR, 616 ROANOKE AVENUE R O. BOX 779 RIVERHEAD, NY 11901 (516) 727-4900 FAX (516) 727-7451 MICHAEL T. CLIFFORD OF COUNSEL PAMELA A. BLAKE GRACE GATZ EILEEN L. BRACKEN ALICE SALVI SECRETARIES April 5, 1990 Southold Town Board of Appeals 53095 Main Road Southold, New York 11971 Re: Variance for Eileen G. Villani SCTM#1000-86-6-10 Dear Ladies and Gentlemen: In connection with Ms. Villani's request for a Variance, please find enclosed a copy of letter dated March 21, 1990 from The New York State Department of Environmental Conservation. Please note that based upon Application made to DEC, that Agency has determined that the project in question, is not subject to their jurisdiction and therefore, does not require a Permit under the Tidal Wetlands Act. Kindly file this letter together with the Application for Variance concerning the above captioned property. ~ truly yo~rs, ROBERT F. KOZAKIEWICZ RFK:as Enclosure cc: Eileen Villani New York State Department of Environmental Conservation Region 1 Headquarters SUNY, Building 40, Stony Brook, NY 11794 Dear i~n. V~I/~,~' Thomas C. Jorling Commissioner A review has been made of your proposal to: ,--¢~,~-'~' Based on the information you have submitted, the New York State Department Environmental Conservation has determined that the parcel o~ project is: ' Greater than 300' from inventoried tidal wetlands. Landward of a substantial man-made structure ~A~/~,,~ ~o//<X~c/ greater than 100' in length which was constructed ~rFor t~'~/20/77. Landward of the 10' above mean sea level elevation contour on a gradual, natural slope. Landward of the topographic crest of a bluff, cliff or dune which is greater than 10' in elevation above mean sea level. Therefore, no permit is required under the Tidal Wetlands Act (Article 25 of the Environmental Conservation Law). Please be advised, however, that no construction, sedimentation or disturbance of any kind may take place seaward of the 10' contour or topographic crest without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation in this area as a result of your project. Such precautions may include providing adequate work area between the 10' contour or topographic crest and the project (i.e. a 15' to 20' wide construction area) or erection of a temporary fence, barrier, or hay bale berm. Please note that any additional work, or modification to the project as described, may require authorization by this Department. Please contact this office if such are contemplated. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Very truly yours, ,~ · ~ ~---, L~ ~ c'-~._-~. Deputy Regional Permit Administrator PETER S. DANOWSKI, JR. ROBERT F KOZAKIEWICZ LAW OFFICES PETER ,~. DANOWSKI, JR. 616 ROANOKE AVENUE F O. BOX 779 RIVERHEAD, NY 11901 (516) 727-4900 FAX (516) 727-7451 MICHAEL T. CLIFFORD OF COUNSEL PAMELA A. BLAKE GRACE GATZ EiLEEN L. BRACKEN ALICE SALVI SECRETARIES March 7, 1990 Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Variance for Eileen G. Villani SCTM ~1000-86-6-10 Dear Ladies and Gentlemen: Find enclosed, photocopy of return receipt signed by Audrey C. Parker on February 20, 1990. ~truly yo~s, ROBERT F. KOZAKIEWICZ RFK/ejf Enclosure and 4, t (~xt~ c~arge) t t (~xt~ cha~e)? 3. Artlale Addm*~d to: 4. A~iele Numar Ira A. Parker P 128 310 571 195 ~ Drive Type of Semite: ~X 1075 ~ Registered ~ In~u~ ~ ~ifleU ¢'~ COD ~ch~ue~ N.Y. [[935 D Expre=lMall or a~nt and DATE DELIVERED, 6. Signature - A~ X DOMESTIC RETURN RECEIP' APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTY 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 9, 1990 Robert F. Kozakiewicz, Esq. 616 Roanoke Avenue P.O. Box 779 Riverhead, NY 11901 Re- Appl. No. 3921 - Eileen Villani (Variance) Dear Mr. Kozakiewicz: This letter will acknowledge receipt of your application for a variance and confirm that the Board members are individually conducting field inspections and review as may be required by state and local laws during the next couple of weeks concerning your application. The public hearing on this application is expected to be held on or about April 19, 1990 at the Southold Town Hall, Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (with the exact time) in the near future. We do sincerely thank you for your continued patience during this period of transition within our department. Yours very ~ru.]j~, m ~ GERARD P. GOEHRINGER CHAIRMAN GPG/df Southold Town Board of Appeals MAIN ROAD ' STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., 'N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH R. SAWlCKI JAMES DINIZIO, JR. Pursuant to 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: XX Variance from the Zoning Code, ArticleXXII~ SectionlOO-239B Variance from Determination of South~ld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:3921 Applicant:Eileen G. Villani Location of Affected Land: 925 Wood La.,(Pvt. County Tax Map Item No.: 1000- 86-6-10 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound"or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Rd.) Peconic, NY Thruway State or Federally Owned Land State or Federal Park or or 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 COMMENTS: Applicant is requesting permission to cnnqtm~rf ~a~i~ion within 75' of bulkhead Copies of Town file and related documen[s enclosed for your review. Dated: April .10, 1990 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, .Ir. Serge Doyen, .Ir. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S.E..O,.R.A. TYPE II ACTION DECLARATION SCOT]? L. HARRIS Supervisor Town Hail, 53095 Main Road P.O. Box 1179 -Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 3921 Project/Applicants: County Tax Map No. Location of Project: EILEEN VILLANI lO00- 86-6-10 Private Road, 925 Wood Lane, Peconic Relief Requested/Jurisdiction Before This Board in this Project: Deck addition to. one family dwellin§,'propo~ed construction wi'll be~withfN 75' of water or wetlands. 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. tm APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S.E.O..R.A. TYPE II ACTION DECLARATION SCO'I~ L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 -Southold, New York ! 1971 Fax (516) 765-1823 '~elephone (516) 765-1800 Appeal No. 3921 Project/Applicants: County Tax Map No. Location of Project: EILEEN VILLANI 1000- 86-6-10 Private Road, 925 Wood Lane, Peconic Relief Requested/Jurisdiction Before This Board in this Project: Deck addition to. one family dwelling,'propo~ed construction wi'13' be~withfN 75' of water or wetlands. 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. tm Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 $OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your 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 times allotted in the attached Legal Notice. Please feel free tQ call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, dff GERARD P. CHAIRMAN GOEHRINGER NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, N.Y. 11971, on THURSDAY, APRIL 19, 1990, at the following times: 7:30 p.m. Appl. No. 3926-- MURRAY JACOBS. Variance, to the Zoning Ordinance, .au-ti- cie 1II, Section 100-33, as dis- approved for permission to con- struct an accessory shed in side yard, accessory buildings may be located in the required rear yard. Property Location: 1180 Sage Boulevard, Grcenport, County Tax Map No. 1000, Section 53, Block 5, Lot 9. 7:35 p.m. Appl. No. 3927-- MARK AND ELLIE GOR- DON. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved, for per- mission to construct an acees- sory building to tennis court located in front yard, accessories permitted in the rear yard area only. Property Location: Private Road ~, Fords Road, Southold, County Tax Map No. 1000, Sec- tion 087, Block 01, Lot 18.4. 7:40 p.m. Appl. No. 3928-- SAMUEL AND RACHEL SALZMAN. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disap- proved, for permission to con- struct addition to an existing dv~0ing, proposed construction will have insufficient front yard setbacks. Property Location: 65 Old Salt Road and 400 Rochelle Place, Mattituck, County 'lhx Map No. 1000, Section 144, Block 5, Lot 22. 7:45 p.m. AppL No. 3920-- A. LIOS. Variance to the Zon- ing Ordinance, Article XX1V, Section 100-244, as disapproved, for permission to construct a deck addition to existing pool, proposed construction exceeds permitted lot coverage, and will have insufficient side yard set- backs. Property Location: 310 Linda Road, Mattituck, Coun- ty Tax Map No. 1000, Section 106, Block 1, Lot 14. ~7:50 p.m~ 'AppL No. 3921--~"~ EILEEN VILLANI. Variance to the Zoning Ordinance, Article XXlII, Section 100-239 B, for permission to construct deck ad- dition to existing one family dwelling, proposed construction will be within 75 ft. of water or lwetlands. Property Location: Private Road 925 Wood Lane, Peconie, County Tax Map No. j/ 000, Section 086, Block 06, ~! 7:55 p.m. Appl. No. 3919- THOMAS COLLINS. Variance to the Zoning Ordinance, Arti- cle XXIlI, Section 100-239 4. B, for permission to construct a deck addition to a one family dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 305 Dawn Drive, East Marion, County Tax Map No. 1000, Sec- tion 35, Block 5, LOt 20. 8:00 p.m. Appl. No. 3930--- JOHN C. PERRONE. Special Exception to the Zoning Ordi- nance, Article X, Section 100-10lB, for permission to oc- cupy and use as a billiard par- lor for commercial recreation. Property Location: Main Road, State Road 25, Mattituck, County Tax Map No. 1000, Sec-'~ tion 122, Block 6, Lot 31. 8:05 p.m. Appl. No. 3914- EVA HALLA. Variance to the Zoning Ordinance, Article III A, Section I00-30 A.3, Article XXIV, Section 100-244, Bulk and Parking Area, Article XXIII, Section 100-239.4, build- ing setbacks from water or wet- lands, for permission to con- struct a one family dwelling. Property Location: 55 Glen Court, Cutchogue, County ~ Map No. 1000, Section 083, Block 01, Lot 01. 8:10 p.m. Appl. No. 3922-- ROBERT AND THERESA TURNER. Variance to the Zon- ing Ordinance, Article iii, Sec- tion 100-30 A.4, Bulk and Park- ing area, for permi~on to con- struct an attached swimming pool to house. Property Loca- tion: 1525 Albo Drive, Laurel, County Tax Map No. !{110, Sec- tion 126, Block 03, Lot 17. 8:15 p.m. Appl. No. 3925-- ELSIE PARKIN. Variance to the Zoning Ordinance, Article II1 A, Section 100-~0 A.3, Bulk and Parking Regulations in this Division of Land. Property Location: 7575 Skunk Lane., Cutchogue, County 'Pax Map No. 1000, Section 104, Block 04, LOt 27. 8:20 p.m. Appl. No. 3908-- ROBERT OCHENREITER AND EDWARD LENCESKI. Variance for ~n'er~ni of a build- ing permit to construct a one family dwelling. Propmly Loca- tion: 565 Bayer Road, Matti- tuck, County Tax Map No. 1000, Section 139, Block 3, Lot 14. The Board of Al~l~ah will at said time and place ~ any and a0 persoas or ml~amtatives de. siring m be heatnl~h of the above matters. ~ com- ments may also be submitted prior to the concindon of the subject hearing. I~eh hearing will not start before time allot- ted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809.. Dated: April 9, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda IX, 4/12/90 (80) NOTICE OF HE~RINGS NOTICE I~ I.l 'EREBy GIVI~I, pur- suant to Section 267 of the ]'own Law and the Code of the Town of Soothold, the following hearings will bc held by the SOUTIIOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town hall, Main Road, Southold, NY 11971, on TIIURSDAY, APRIL 19, 1990, at thc following timcs: 7:30 p.m. Appl. No., 3926 -- MURIL~Y JACOBS. Varianc~ to the Zoning Ordinance, Aaiclc UI, Sec- tion 100-33, as disapproved for sory shed in side yard, accesso~ buildings may bc incatcd in the quircd rear yard. Property Location: 1180 Sage Boulevard, Grccnport, County Tax Map No. 1000, Section 53, Block 5, Lot 9. 7:35 p.m. AppL No. 3927 -- proved, for permission to construct an acc~sso~ building to tennis court lo~ated in front yard, ace. es- Block 5, Lot 22. EILEF2q VILLANI. Variancc to thc \ ~3919 -- TIIOMAS COLLINS. Variance to the Zoning Ordinancc, Article XXIII, Section 100-239 4. B. for permission to construct a deck addition to a one family dwelling. proposed constmctinn will bc less than 75 ft. from thc bulkhead. Property Location: 305 Dawn Drive, East Marion, County Tax Map No. 1000, Section 35, Block 5, Lot 20. 8:00 p.m. Appl. No. 3930 -- JOIIN C. PERRONIL Special Exccp. lion to thc Zoning Ordinance, Ar- ticle X, Section 100-10lB, for punnission to occupy and usc as a billiard parlor for commercial rccrc- etlon. Property Location: Main Road. State Road 25, Matrituck, County Tax Map No. 1000, Scction 122. Block 6, Lot 31. , 8:05 p.m. AppL No. 3914 -- EVA IIALLA. Variance to thc Zon- ing Ordinance, Article III A, Sec- lion 100-30 A.3, Anicle XXIV, Scction 100-244, Bulk and Parking Arcs, Article XXIII, Section 100~ 239.4, building setbacks from wa- ter or'wctlands, for purmission to constrfict a one family dwelling. Property Location: 55 Glen Court, Cutch6gu¢, County Tax Map No. 1000, Scction 083, Block 01, Lot 01. 8:10 p.m. Appl. No. 3922 -- ROBF. RT AND THERESA TURNE1L Variance to the Zoning Ordinance, Arriclc III, Section 100-30 A.4, Bulk and Parking area. for permis- sion to construct an attached swimming pool to house,. Property Location: 1525 Albo Drive, Laurel, County Tax Map No. 1000, Section 196, Block 03, Lot 17. 8:15 p.m. Appl. No. 3925 -- ELSIE PARK1N. Variance to thc Zoning Ordinance, Article III A, Section 100-30 A.3, Bulk and Park- ing Regulations in this Division of Land. Property Location 7575 Skunk Lanc, Cutchoguc, County Tax Map No. 1000, Section 104, Block 04, Lot 27. 8:90 p.m. Appl. No. 3908 -- ROBERT OCHSENREITER AND EDWARD LENCESKI. Variance for rcvcrsal of a building pcrmit to constmot a onc family dwclling. Property Location 565 Bayer Road, Mattituck, County Tax Map No. 1000, Sccrion 139, Block 3, Lot 14. Thc Board of Appeals will at said tine and place hear any and aB pcr- b~ heard in each of thc above mat- tcr$. Wdttcn comments may also be submitted prior to fha conclusion of thc subject hearing. Each hearing will not start before rime allotted. Additional time for il' needed. For more information, please call 765-1809. Dated April 9, 1990 BY ORDER OF TI IE SOUTIiOLD TOWN BOARD OF APPEAL~ GERARD p. GOEI IRINGER CHAIRMAN By Dorcan Fetwcrda 6644-1TA12 HEARINGS FOR APRIL 19, 1990 Long Island Watchman Suffolk Times Clerk Bulletin Board Z.B.A. Bulletin Board Environment East, Inc. Richard Lark, Esq. Mr. Murray Jacobs Karen Hagen, Esq. Robert F. Kozakiewicz, Esq. Robert Bohn Ms. Tanya Lachenmer Robert Turner Charles Cuddy, Esq. Mr. Samuel Salzman Legal Notices sent on or about the following: 3075 Indian Neck Lane Peconic, NY 11958 (for Gordon #3927) PO Box 1033, 7575 Cox Lane Cutchogue, NY 11935 (for Halla #3914) 1180 Sage Blvd. Greenport, NY (for #3926) 11944 Wickham, Wickham & Bressler Main Road, PO Box 1424 Mattituck, NY 11952 (for Parkin #3925) 616 Roanoke Avenue, PO Riverhead, NY 11901 (for Villani #3921) Box 779 PO Box 55 Peconic, NY 11958 (for Lios #3920) Land Use Co. 2576 Sound'Avenue Baiting Hollow, NY 11933 (for Collins #3919) 1525 Albo Drive Laurel, NY 11948 (#3922) Box 1547 Riverhead, NY 11901 42 Maxwell Road Garden City, NY 11530 to ~UDITH T, TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 3921, Eileen G. Villani DATE: FEBRUARY 20, 1990 Transmitted is application for variance submitted by Peter S. Danowski, Jr. on behalf of EILEEN G. VILLANI together with survey of property; notification to adjacent property owners; Notice of Disapproval from the Building Inspector; short environmental assessment form; Deed; and Zoning Board of Appeals Questionnaire. Judith T. Terry ' Southold Town Clerk PETER S. DANOWSKI, JR. ROBERT F KOZAKIEWICZ LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P O. BOX 779 RIVERHEAD, NY 11901 (516) 727-4900 FAX (516) 727-7451 MICHAEL T. CLIFFORD OF COUNSEL PAMELA A. BLAKE GRACE GATZ EILEEN L. BRACKEN ALICE SALVI SECRETARIES February 16, 1990 Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Variance for Eileen G. Villani SCTM~ 1000-86-6-10 Dear Ladies and Gentlemen: This office represent Eileen G. Villani with respect to the instant variance request. Mrs. Villani constructed a wood deck, which lies within 75 feet of Richmond Creek. Prior application to the Building Inspector was denied. Please find enclosed the following: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10 ll Four (4) copies of survey dated November 6, 1989, made by Young & Young Land Surveyors; Copies of deed for adjoining properties, which grants legal access to the premises; Board of Appeals Questionnaire; Copies of Notice of Disapproval dated September 15, 1989; Copy of letter dated February 24, 1989 from Town Trustees; Copy of Authorization from Eileen G. Villani; Short Environmental Assessment Form; Notice to Adjacent Property Owner; Board of Appeals Application From; Two photographs depicting deck and Richmond Creek; Our attorney's check in the sum of $150.00 representing your filing fee. ~V~ truly yours ROBERT F. KOZAKIEWICZ RFK:as Enclosures AUTHORIZATION That PETER S. DANOWSKI, JR., ESQ., is hereby authorized to sign, in behalf of the following named individual: EILEEN G. VILLANI, any documentation with regard to applications and/or affidavits made to the Town of ~outhold. Dated: February 9, 1990. / EILEEN G. V~LLANI STATE OF NEW YORK) ) COUNTY OF SUFFOLK) SS: On the 9th, day of February, 1990 before me personally came, EILEEN G. VILLANI, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. NOtary Public ROSEflT K KOZAKIEWlCZ Nota~ Public, State of New No. 52.483431 g Oualifie(I in Suffolk County Term Expirea FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN [Vi. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 February 24, 1989 TELEPHONE (516) 765-1892 Eileen Villani 189 Old Westbury Road Old Westbury, New York 11568 Re: Eileen Villani, waiver application for an existing deck on a house, property located at Indian Neck Lane, Peconic, N.Y., Tax Map Number 1000-086-6-10. Dear Mrs. Villani, Please be advised that the Board of Trustees inspected the above referenced property and it was determined that the project proposed is out of our jurisdiction. This determination is only a determination rendered by this Board. Any other approvals that may be applicable are required prior to the commencement of the project. Thank you for your courtesy and cooperation in this matter. Very truly yours, Frank A. K w President Board of Town Trustees FAK: jmr cc: Bldg. Dep't. Board of Appeals D.E.C., Stony Brook 617.21 Appendix State Environmental Quatlt¥ Review SHORT ENVIRONNIENTAL ASSESSMENT FOR~ For UNLISTED ACTIONS Only PART I~PROJECT INFQR~ATION (To be completed by A~Dllcent or Project sponsor) 1. APPLiCANT/SPONSOR ~ Eileen G. Villani ~. P~QJECT NAMe. ~ ~ 3. PROJECT LOCATION: Eil~h Gi"~ill~i ' Uumcma,ty ~uthold cou,tv Suffolk R/O~ off Indian Neck R~d, Southold SCTM 1000-86-6-10 SEQR '[. 1~ PROPOSED ACTICN: 6. DESCRIBE PROJECT BRIEFLY: Certificate of Occupancy for wood deck. ?- AMOUNT OF LAND AFFECTED: ~ Initially ~ acres Ultimately .09 a. WILL PROPOSED ACTION COMPLy WITH EXISTING ZONING OR OTHER EJ(ISTING I. AND USE RESTRICTIONS? Deck lies within 75 feet of ,wetl. and 10. DCE$ ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELy PROM ANY OTHER GOVERNMENTAL AGENCy (FEDERAl_. C?ATE OR LOCAL)7 r~ Yes ~ NO If yes, list agency(sI and permit/approvals Town of Southold - Building/Zoning Permit I ',,~t~(.... t2. AS A RESULT CF PROPOSED ACT[ON WILL EXISTING PERMITIAPPROVAL REQUIRE MODJFICATION? I CERTIFY THAT THE INFORMATION PROVIDED AeOVE IS TRUE TO THE EEST OF MY KNOWLEDGE ApohcantlsDonsor name: E/lean G. Villani Signature: ~ OGle: ~ action ~s m the Coastal ~d you are ~,:,,uy, Complete L__._Coastal Assessment For____..___~m before proceeding with this assessment OVER ~ 1 (Continued on reverse side) The N ¥ S Envzr°nmental QualAty Review Ac~ re~ulres INSTRUCTioNs! S--~}{OR?~VIRO'~;--~ENTAL--ASSEs~MENT (al In order to answer the questions in this short EA~ it is assumed that the preparer will USe currently available informatxon COnccrnin= the prelect and the likely impacts of the action. It is not expected that addi:iOnal Studies, research or other investigations will be undertaken. (b) If any ~uestion has been answered Yes the project may be Sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is no~ Significant. {d) En~virenmental Assessm .it 1. Will project result in a large uhysical change to the project site or phys~caliy alter more than 10 acres of land? 2. Will there be a major change to any unique or ~nUSual 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 larqe, imuact on groundwater quality? 5. Will project significantly effect drainage flow on adjacen~ sites? air quality? 8. Will project have a major effect on visual char- envzrcnmental area by a local agency? . Yes ~ No 10. Will project have a m~jor effect on existing or- ll. Will PrOject result in major traffic problems or 12. Will project regularly cause objectionable odors, Will project have any impact on public health 14. Will PrOject affect the existing community by ~Yes charact6~r of the community or neighborhood? ~ ~ 4t' ~" Mest 18.35 f~t ~ ~e ~tat of ~GIF'~. ' T~T~ i~'~ i ri~t of ~ly over ~td Bil~B~jl~rm C~ TAX Mtll~ ~ PARCEL #I 1000 PL .ASE DO NOT PUBLISH THIS INDF_JNFI'UI~J~ rrm& [he 24th day of Apri 1 , nhlct,'ell hundred a~d eighty-fi ve B£TW~J~N ANNE OLSEN, presently residing at: (no #) Indian Neck Lane, Peconic, NY 11958 party of the first part, and EILEEN G. VILLANI, presently residing at: 189 Old Westbury Road, Old Westbury, NY 11568 party of the second part, ~.~'ITPIF--,..,,~,,~e'TH, that the party of the first part, in consideration of ........... ($10.00) ........... ......................... (TEN and 00/100) ................................ lawful money of the United States, and other lawful consideration, by the part)' of the second part, does hereby grant and release unto [he party of successors and assigns of the party of the second part forever, that certain plot, piece or parcel of land, v.'i[h the buildings and iml)rovcnwnts therc.n erected, :,Hu:~t~, lyingand being ~,XI~( at Indiana Neck, near Peconic, in the Town of Southo]d, County of Suffolk and State of New York, bounded arid described as follows: BEGINNING at a monument on the northerly side of a 20 foot private road said monument being situate 100.00 feet westerly when measured along said 20 foot private road from a point where the westerly line of land now or formerly of Mary Lee Wiles intersects said northerly side of a 20 foot private road; RUNNING THENCE North 80° ~5' 30" West along the northerly side of said 20 foot private road 100.45 feet to otherland formerly of Jenkins and now or Formerly of Harold and HIlda Olsen; THENCE Northerly, westerly and again northerly along last mentioned land the following three courses and distances; 1. North 3° 48' 30" East 120.00 feet; 2. North 86° 11' 30" West 50.00 feet; 3. North 3° 48' 30" East 198.00 feet to the ordinary high water of Richmond Creek; THENCE Easterly along the said ordinary high water mark of Richmond Creek the following tie line counses and distances; South 73° 14' 20" East 153.92 feet to the westerly line of lmnd now or of Parker; THENCE South 3° 48' 30" West along last mentioned land 293.00 feet to the on the northerly side of the 20 foot private road at the point or place BEGINNING. (COt;l: 'd) PARCEL #II ALL that certain plot, piece or parcel of land, situate, lying and being at Indian Neck, near Peconic, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a concrete monument set on the northerly line of Indian Neck Lane, at a point at right angles across said Indian Neck Lane from a concrete monument at the northeasterly corner of other land now or formerly of Harvey G. Redden and Lillian Redden, his wife; RUNNING THENCE along the northerly line of Indian Neck Lane South 74° 27' 20" West 42.40 feet to the other lands of the said Reddens; THENCE along said other lands of the said Reddens North 3° 48' 30" East 285.40 feet to the southerly line of a certain 20 foot right of way; THENCE along said southerly line of said right of way South 80° 45' 30" Eas~ 40.18 feet; THENCE South 3° 48' 30" West and on a line parallel with the second course above set forth and distant at all points 40 feet therefrom, a distant of 267.55 feet to the point or place of BEGINNING. TOGETHER with the use of a right of way 20 feet in width for passage on foot and with vehicles over, upon and across ]and now or formerly of Mary Lee Wiles and separating Parcel I and Parcel II above described and running along the southerly boundary line of the said first parcel and along said right of way to the right of way conveyed to William C. Salmon and thence across said right of way and across the westelry 10 feet of other land now or formerly of Mary Lee Miles along a southerly direction to Indian Neck Lane. TOCaETHER with title and interest, if any, of the party of the fir~,t part in and to any streets roads abutting the above described premises to the center lines thereof, TOC.~"I~ER with the appurtenances and all the estate and rights of the party of the first part ill and said pi'emises, TO HAVE AHD TO HOLD the premises hereiu granted unto tile lXwty of tl~e ,econd l,art, thc hcir~ successors and assigns of the party of the second part forever. A, t4'D the part), of the first part covenants that the party of the first part has not done or snffered an3thin~ whereby the said premises have been incumbered in any way whatever, exct-pt as aforesaid. AHD the party of the first part, in compliance with Section 13 of the Lien f~tw, covenants that the party of the first part will receive the consideration for this conveyance and will hohl thc right to receive such con,id- eration as a trust fund to be applied first for the purl~ose of paying the c~,st of the impr~vcnlent aml will al,l,I3 the same first to the payment of the cost of the improvement before using any part of tbe total of the ~a~ue any other purpose. parl3 shall be construed as if it read ' IN SV'ITHF..,.K~ WI-IF. RE. OF, the party of the first part has duly executed this deed tfic day a~d year first written. IN PRESENCE OF: ANNE OLSEN GTA~ m' NEW YORK, COUNTY OF ~n the 24th day of Apri 1 ANNE OLSEN to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that She cxecutcd the E~R ~ Notary PUblic,State of Ne~ York 4828374 Qualified in Suffolk County Notary Publ i~ STATE OF NEW YORK, COUNTY OF si: On the day of 19 , before me l~'rsonally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. u: STATE OF NEW YOIJC, I~JNTY (~ 19 85, be/ore me On the day of 19 , before me personally came to me known to be the individual described in and who executed tbe foregoing instrument, and acknowledged that executed the uarnc. STATE OF NEW YORK, COUNTY OF On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the indlvidnal described in and who executed the foregoing instrument; that he, ~aid subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. PLEASE DO NOT PUBLISH ANNE H. OLSEN SECTION 86 BLOCK 6 LOT 10 and 17 COUNTY OR TOWN Suffolk County TAX BII.LIXG ADDRESS RETURN BY MAIL TO: TITLG GUARANTE - NEW YORK ATICOR TITL(~ INSURANCE COMPANY BErtram Nisonoff, Esq. 118-21 Queens Boulevard Forest Hills, NY Z~p No, 11375 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~TH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes ~ 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Yes No b)Are there any areas open to a waterway without bulkhead? Yes (~ 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes No 4. Are there any existing or proposed fences, c~ncrete barriers, decks, etc? ~ No If project is proposed for an accessory building or structure, i~ total height at more than 18 feet above average ground--~-~l? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Yes Yes ~ 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Y~ No 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? Yes State Permit # and Nature: /%F?~ifJF~io~3 p~jO,~_~ ~ 10. Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes Yes Yes ~ Ne Yes ~ Yes ~ 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? ~ No 13. Please list present use or operations conducted upon the subject property at this time S/~O~ ~/~W ~£~/O~c~g and proposed ~ F~l~w' ~F~/~N~£ Please submit photographs for the record. I certify that the above statements are true and are being submitted for re%iance by th~o~.d of Appeals in considering my application. Signature (Property Owner) (Authorized Age~ 1/88 WETLANDS [Amended 8-26-7(; by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL 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, groondsol, marshmallow and iow 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. FRESItWATER WETLANI)S: (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) anti lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 R-80 R-80 R-80 LITTLE PEGONIG BAY Agriculturol Conservofion Residentiel I.ow Density AA Residentiol Low Density A , - SUFFOLK C R 0 S S R E F E R E N C E L I S T ,~ OF SOUTHOLD ' ' ' PARCEL IDENTIFICATION~SEQ~E~CE .~IS - 47)889 ..... - Y CK - - - 1988 - - ~ARCEL, ID ..... ~ DG -- N A M E ......... ~AND TOT/ ~6.-5-11.5 ....... ~ OH ~i~HMOND cREEK PENES C 2~0~ 86.-~-12.2 C SM PONT[NO JOHN ~ WF 1,400 86.-5-13 C RN PoNTiNO JOSEPH ' -86.-5-1&.1 C TC PONTINO JOHN 3,000 36o-5-1~.2 ....... ~'-TY sTOUTENBURG PETER R 1~?00 86.-5-14.~ C UU TOWN OF SOUTHOLD .. . 100 86.-5-14.4 ~ gQ' pONTINO JOHN & ANO 86.-5-1&.5 C WM PONTINO JOSEPH H & TLR 36.-6-1 - ~ PZ CICNANOWECZ DAVID ..... $6.-6-2.1 C RO CICHANOWIC~ DAVID 500 ~6'-6-2.~ ..... ' ..... C ~K-~AUM~NN EDMUND J & WF ........ 86.-6-~.1 C SH SIMON ROBERT K & ELI[ ),000 86,-6~3.~ ............ ~-tO -BAUMANN EDMUND J-& WF --- --~'~0 ~6.-6-4 C SE HUGHES JAMES & REEDA M 1,600 86.-6-5 ....... C SX NORDSTROM EDWARD F & .... 800 86.-6-6 C TQ LANG JOHN F & ELEANOR 2,000 86.-6-? .... C ~J MARSTON ~EFRED j ~ WF .... 1;~00 86o-6-~ C VC LAWTHER AUSTIN F & WF 1,400 6, 86.;6;9 .......... · VV HyNDMAN ERNEST & WF ...... 1~100 86.-6-10 (~'~_,,,~'*PY VILLANI E[LE~ 2.&O0 10. 86.-6-11 .... ~" QR PARKER IRA A .... i;600 ...... 86.-6-12 C RK NORDSTROM REGINA A 300 86.-6-13 C SD LANG JOHN F & ELEANOR - '1;~00 86.-6-14 C SW HYNDMAN ERNEST & WF 700 86.-6-15 ....... C TP~LAWTHER AUSTIN F*& WF ........ 86.-6-16 C UI DONOVAN ELIZABETH A 1,700__~ ~6.-6-17 C VB VILLANI EILEEN G ~00 86.-6-18 C VU SHIPMAN JOHN G 600 &. ~6.-6'1q ...... ~ ~N BO~ENSTEIN ALBERT J ~ 1;500 ? 86o-6-20 CQQ WOLOSIK WILLIAM 2,900 ~6.-6-]1 ..... C RJ BAY~iS ELLSWORTH & WF 300 86.-6-22 C SC FOSTER RUSSELL 500 3 86.-6-~3 C SV BAYLIS ELLSWORTH & WF 600 ...... 86.-6-~& C TO COMgS RAYMOND ~ WF 1,300 86,-6-25 ........... C ~H-~NOwLEs JAMES P ..... 4,800 -- '--7 86.-6-26 C VA OAY LOUISE 0 10,700 86.-6-~7 - C VT WORTIS MECHAEL & RUTH ' 100 86.-6-2g C XF ~EMPSEY JOHN R 2,100 2 86.-6-~0 ..... ~;C RI VIELANI ROBERT A ~ EIL ........ q00 36.-§-~1 C SR FE[LI ARLENE ~,400 86.-7-1 ' ' CQP KEMPLER CECELIA & &,SOO 86.-?-2.1 C SE KOZLOWSKY FRANCES P &,500 9 - 36.-7-2.2 C'TA EWALD CECEL[A &,500 .... 9 86.-7-3.1 C SX ODELL SUE K ~200 86.-7-& C SU VARANO KATHLEEN & ORS q,&O0 .... ~6.-7-5 C TN GU[NAN PATRICIA O ~ OR 6,~00 86°-7-6 C UG CUKOR RICHARD M & WF .... 5,600 .... 86.-7-?.1 C VV PRELLW[TZ SAMUEL B & A 1~,100 36.-7-7.~ C'-WR DAWSON JAMES W & WF &,900 ~6.-7-?.3 C XN RICHARDSON FRED E & WF 2,~00 86.-7-~ CVS FISCHER NENA )'500 PAGE TOTALS'- 50 PARCELS (ACTIVE) # Are I I RIGHT D,t' 0 3863§ s.f. WAy NOTE: I. · =MONUMENT TAX MAP -- BLK. 6 LOT I0 SURVEY FOR EILEEN G. VILLANI .AT PECON lC TOWN OF ~~ SU FFO~K · DATE: ,0~ e, 1989 400~I~I'~tI~.~I~VERHEAO, N.Y. SCALE: I" 40' = RE.& g$. LIC. N0,12845 ALDERS. NO. 89- 1184 HOWA.RD W. YOUNG ;N.Y.S. ES. LIC. N0.45895 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : EILEEN G. VILLANI : to the Board of Appeals of the Town of Southold : NOTICE TO ADJACENT TO: PROPERTY OWNER Ira A. Parker 195 Oak Drive, Box 1075 Cutchogue, New York 11935 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to requesta~pecial Exception) (Special Permit) (Other) [circle choice] To obtain a Certificate of Occupancy for existinq deck ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: ~n_DB6]51okk_il6 Lot ]o _ 925 Wood Lane £Pv~. _Rd. ) Peconic 3. Thal the property which is the subiect of such Petition is located in the following zoning district: 4 lhat b~, such Petition, the undersigned will request the following relief: $. Thai the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XXIII Section ]00-239B [ ] Section 280-A, New York Town Law for approval of access over rt§ht(s)-of-way. 6. That within five days from she date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: February iL, 1990 Petitioner Owners ' Names: Eileen G.Villani Post Office Address 189 Old Westbury Road Old Westbury, New York 11568 Tel. No. ( 516 ) 626-0665 [Copy of sketch or plan purposes,] showing proposal to be att~~ience -- ee#.l~; NAM~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 128 310 571 RECEIPT FOR CERTIFIED MAIL k~INSLJRANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIl (See Reverse) Street and No. P O, State and ZIP Code Postage ~ ,$ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom, Date. and Address of Delivery TOTAL Postage and Fees $ Postmark or Date STATE OF NEW YORK ) COUNTY OF SUFFOLK) , being duly sworn, deposes and says that on the / Z.- day of .-¢¢'_~x¢._c.~-.,--~ .19 ~/c~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, di/ected 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 r~l of the To~ Southold' ~hat said Notices were mailed at the United States Post Of- rice at , ¢'~'d.~o~ z~__~7~ ~~that said Notices were mailed to each of said persons by (~ (registered)-m~il. ' ~ day o.f~'~1~/7,/¢/~'~, ,.19 ~ (This side does not have to be completed on form transmitted to adjoining property owners.)