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HomeMy WebLinkAbout3968 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 Upon Application of IRENE R. MILLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 and Article IIIA, Section 100-239.4A for permission to locate proposed dwelling structure with a setback of less than 100 feet from the top of the highest point (top of bluff) on this 42,930 sq. ft. parcel. The parcel in question is nonconforming as to lot width (frontage) of less than the required 150 feet in this R-40 Zone District. Location of Property: Lake View Avenue (127+- feet southwest of Huntington Boulevard, a private road), Southold, NY; County Tax Map Parcel No. 1000-68-3-10. WHEREAS, a public hearing was held on November 1, 1990, and all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, 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. This is an application for a Variance under Article XXIII, Section 100-239.4A for permission to place a new dwelling structure (not to exceed 30 ft. by 60 ft. wide), including decks and overhangs, with a setback of approximately five feet from the highest contour of the property referred to as the "top of bluff" and as more particularly shown on the survey prepared by Peconic Surveyors, P.C. July 24, 1990. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 68, Block 3, Lot 10, has 94.19 ft. width at the proposed building line, and contains a total lot area of 42,930 sq. ft. 3. For the record it is noted that the property slopes considerably downward from the top of the bluff to "Lakeview Avenue" with variations in the contours from 45 feet to 26 feet. On the beach side and main land sides of the bluff, the property is heavily vegetated. Page 2 - Appl. No. 3968 Matter of IRENE MILLER Decision Rendered November 15, 1990 The dwelling structure is proposed 138+- feet from the N.Y.S.D.E.C. wetlands (75 ft.) setback line near "Lakeview Avenue," all of which are located just north of Autumn Lake. is also noted that construction has been restricted in areas closer toward Lakeview Avenue for sanitary and building construction as a result of the closeness of Autumn Lake. It 4. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 5. The dwelling on the adjoining easterly parcel is set back approximately five feet from its closest point to the "top" of the bluff, and the dwelling adjoining to the west is set back approximately 13 feet to the "top" of the bluff. Each dwelling is set back more than 150 feet from the tie line along mean highwater of the L.I. Sound. 6. It is the position of this Board that in considering this application: (a) the relief, as alternatively noted below, is not substantial and is the minimum necessary; (b) the grant of alternative relief will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance, as alternatively noted below, will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all the above, the interests of justice will be served by granting relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to DENY the relief as requested under Appeal No. 3968; and it was further RESOLVED, to GRANT alternative relief in the Matter of IRENE Page 3 - Appl. No. 3968 Matter of IRENE MILLER Decision Rendered November 15, 1990 MILLER for placement of a new dwelling structure SUBJECT TO the following CONDITIONS: 1. That the entire building construction (including deck and overhangs) be set back not closer than 13 feet from the top of the bluff at its closest point; 2. That the dwelling construction comply with all other setback regulations, including side yards at a minimum of 20 and 15 feet, for total side yards at not less than 35 feet (as per 100-244B of the Zoning Code); 3. That prior to commencing construction activities and during all phases, hay bales be placed at 10 feet from the top of the bluff and 40 feet from the proposed house location to the south (road side), for a full length of at least 60 feet; (and there be no disturbance of land outside this construction area.) Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki and Member Grigonis were absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER,/~IRMAN RECEIVED AND FILED BY THE ~OUT,:OLD TOVTN CLERK .OUR Town Clerk, Town of Sou~kold 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 NOTICE OF HEARINGS 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 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 SOUTHOLDTOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 1, 1990, at the following times: 7:30 p.m. Appl. No. 3969 - ANDREW BURKARD. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct two-foot extention of garage attached to dwelling with an insufficient front yard setback. Zone District: R-40. Location of Property: 370 Uhl Lane, Orient, NY; Orient-By-The-Sea Subdivision Lot No. 167, Section Three, Map 6160; 1000-15-5-24.13. 7:35 p.m. Appl. No. 3974 - DONALD L. OSANI (for GEORGE BRUDERMANN JR., Owner). Variance to the Zoning Ordinance, Article IIIA, Section 100-30a.3 for approval of re-separation into two separate parcels as shown by separate deed conveyances, Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 each lot having insufficient area and proposed construction to meet setback requirements for this R-40 Zone District. Location of Property: North Side of Bayview Road and the West Side of Reydon Drive, Southold, NY; County Tax Map Parcel Nos. 1000-79-5-10 and 11. 7:40 p.m. Appl. No. 3980 - VIRGINIA OLGA LEE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for approval of deck addition to dwelling with an insufficient sideyard setback and reduced front yard setback. Lot area is nonconforming is this R-40 Zone District. Location of Property: 1455 Cedar Beach Road East, Southold, NY; County Tax Map Parcel No. 1000-92-1-4. 7:45 p.m. Appl. No. 3978 - DONALD & DOROTHY SWAHN. Variances to the Zoning Ordinance, Article III, Section 100-32 and Article XXIII, Section 100-239 for approval of insufficient lot area and width (frontage) of two proposed parcels, each with an existing dwelling, in this pending division of land. Zone District: R-40. Location of Property: South Side of Park Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-123-8-8. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 7:50 p.m. Appl. the Zoning Ordinance, XXVIII, Section 281, No. 3971 - VALERIE M. KRAMER. Variance to Article XXIII, Section 239.4B and Article for permission to construct new dwelling structure with an insufficient setback from existing bulkhead and from the easterly (front) property line along Manhanset Avenue. Lot area of parcel is nonconforming in this R-40 Zone District. Location of Property: 730 Robinson Road and 980 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-34-5-20. 7:55 p.m. Appl. No. 3976 - THOMAS AND MARIAN SANTACROCE. Special Exception to the Zoning Ordinance, Article III, Section 100-31(9)(E) for permission to construct off-premises ground sign to advertise for business purposes. Location of Property for Sign: Southeast corner of Shipyard Lane and the Main Road, East Marion, NY; County Tax Map Parcel No. 1000-38-1-1.2. 8:00 p.m. Appl. No. 3972 - PETROL STATION LTD. Variance to the Zoning Ordinance, Article VII, Section 100-72 for approval of proposed Lot #4 which will have insufficient area in this Residential-Office (RO) Zone District. Location of Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 property: North Side of the Main Road (265+- feet west of Alvah's Lane), Cutchogue, NY; County Tax Map Parcel No. I000-109-1-23 8:05 p.m. Appl. No. 3977 - BE'rrf J. COPIN. Variance to the Zoning Ordinance, Article III, Section 100-33B(4) for permission to locate accessory (garage) building partly in the side yard and rear yard with a setback at less than the required 20 feet from the southerly property line. The lot area of this parcel is nonconforming at 40,000 sq. ft. in this R-80 Zone District. Location of Property: 2195 Albertson Lane, Arshamomaque, Greenport, NY; County Tax Map Parcel No. 1000-52-5-54. 8:15 p.m. Appl. No. 3979 - THOMAS J. GORMAN. Variances to the Zoning Ordinance, Article III, Section 100-33 for approval of location of two accessory (storage) buildings in the front yard, as exist. The lot area of this parcel is nonconforming in this R-80 Zone District. Location of Property: 18 Crescent Drive, Mattituck, NY; County Tax Map Parcel No. 1000-121-4-23. _8:25 p.m. Appl. No. 3968 - IRENE R. MILLER. Variance to> the Zoning Ordinance, Article IIIA, Section 100-30A.3, and ~ Crticle XXIII, Section 100-239.4A for permission to locate~ Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 proposed dwelling structure with a setback of less than 100 feet~ from the top of the highest point (top of bluff) on this 42,930 sq. ft. parcel. The parcel in question is nonconforming as to _ ~°~0w~~)~c~nt~np~e~ir~k~5~i~e~v~u~his (127+- feet southwest of Huntington Boulevard, a private road), Southold, NY; County Tax Map Parcel No. 1000-68-3-10. 8:35 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved by the Building Inspector) for approval of mariculture uses to include delivery and storing of seafood, packaging, freezing and/or preparation of raw or cooked seafood (processing) for shipping and/or sales for off-premises consumption. Zone District: Conservation (AC). Location of Property: Southold, NY; County Tax Map Parcel No. Agricultural- 1575 Lower Road, 1000-69-5-13.2. 8:45 p.m. Appl. No. 3788 - SUN REFINING & MARKETING. Variances to the Zoning Ordinance, Article X, Sections 100-102: (1) for permission to establish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area for each use, and (2) for interpretation as to height limitation of accessory (canopy) structure. Location Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 of Property: Corner of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituck, NY; 1000-142-1-27. Matters Recessed from September 26, 1990: 9:00 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. 9:10 p.m. Appl. No. 3938 - VILLAGE MARINE. 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 comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: October 17, 1990. BY ORDER OF THE SO%VfHOLD TOWN BOARD OF APPEALS GEPJ%RD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies to the following on or about October 19, 1990: Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby} ZBA Board Members (with file copies} ZBA Individual Files FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL JUL g 1 J.E. FltZG£RALD ...... '.~. .~/. . ~ z z ....... ~:; ........ PLEASE TAKE NOTICE that your application dated ...,~)~ .................. 197~v.. .............. ~' .- /~- --~.~.~.~... ~ , ~, - ~ '" County Tax Map No. I000 Section ...... ~. ~... Block ..... ~ ...... Lot .. d~ ........ Subdivision ................. Filed Map No ................. Lot No ..... ' ........ is returned herewith and disapproved on the following grounds .~.. ~. ~.. ~ -~-;-~.-5 ....... ~~..~~ .~.: ~~.. ~.. ~.,~..~.~)... ~~- : ............. ................. ...................~.~ RV 1/80 I ! I: ! I V i Il TOWN OF SOUTHOLD, NEW YORK APPIJ~F~(JJtV~ISION OF BUILDING INSPECTOR TO THE ZONING BO,a~=~F/~PPE451~, TOWN OF S~TH~D, N. Y. APPEAL NO.~~~ DAT ..... Name of Appellant Street and Number ................. ,O.,~.t~.?.~.o..,~....e..!....,,~,..].!.?..~ ........................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ......... . .7. /. ~2. ,5. /. .9. .0. ............................ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (-) (X) Same as APPELLANT, above Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD 1. LOCATION OF THE PROPERTY ~.1.6~.~.....~..a...k..e.~.V..`i.~.~w.~.v..e.~.!...P~....t.~..r..d.~).z~.P..e...~..~...n..i..~. ......... Street /Hamlet / Use District on Zoning Map District 1000 Section 68Block 3 Lot 10 . rent ...................... ; ................. bur 0~ner Irene R. Miller Mop No. Lot No. Prior Owner Lucile ,~ue Matthew 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 IIIA Section 100-30A.3, and XXIII 100-239.4A(1) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Co~s. Laws Art. 16 Sec. 280A Sub~ection 3 () 4. PREVIOUS APPEAL A previous appeal ~e~} (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appea! No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance isr~uestedforthereasonthatoonstruotion of a residence in the proposed - location will permit the highest and best use of the property under local regulations and custom. l~orm ZB! (Continue on other side) REASON FOR APPEAL Continued IlVll:)lll 1. STRICT APPLICATION OF THE ORDINANCE would produce practicol cf~fll~l~l~,~m~es- sar HARDSHIP b~ause it would preclude the constz~zct±oz~L~ th~ residence in the proposed location, wh±ch location is the on~~ location considering the locations of existing surrounding residences. 2. The hardshipcreatedis UNIQUEand isnotshared by all prope~ies alike in the immediate vicinity ofthis property and inthis use district because adjoining properties both have houses constructed significantly less than 100' from the top of the bluff. Construction of the residence at the required 100' setback wouldreduce its comparative value considerably, both economically in the future and in enjoyment in the present. 3. The Variance would observe the spirit ofthe O~inance and WOULD NOT CHANGE THE. CHARACTER OF THE DISTRICT because the construction of the residence in the proposed location is in keeping with the customary uses of property in the immediate area and in the Town, both from the stand- point of the actual use and from the standpoint of design, construc- tion, and aesthetic appeal. COUNT* OF ) ...... Sworn to this ............. ~.~.E .................... doy of ......... ...................................... 19~0 JANE R. MINERVA NOTARY PUBLIC, State of New York No. 4853]08, Suffolk County Commission Expires February ~.8, OWNER STREET FORMER OWNER RES. TOWN OF SOUTHOLD S PROPERTY RECORD CARD W U COMM. MICS. SUB. LOT VL. FARM ,Y/.~ LAND IMP. TOTAL DATE REMARKS ACR. TYPE OF BUILDING Mkt. Value AGE BUILDING CONDITION NEW NOR/v~L BELOW ABOVE FARM Acre Value Per Value Acre ' Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland · DEPTH House Plat / BULKHEAD Total ~, 930sq. ft O. 985§acres ~F£R£NC£D TO AUTUMN LAKE APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Ir. Telephone (516) 76~-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOFF L. HARRIS Supervisor Town Hail, 53095Main Road P.O. Box 1179 Southold, NewYork 11971 Fax(516) 765-t823 Telephone (516) 765-1800 January 2, 1991 Mrs. Lorraine H. Anlyan 107 Netz Place Albertson, NY 11507 Re: Appl. No. 3968 - Variance of Irene Miller Dear Mrs. Anlyan: Please find enclosed copies of the transcript of the hearing in the above matter held on November 1, 1990, together with a courtesy copy of the Board's decision as rendered November 15, 1990. A receipt is attached for your check in the sum of $2.00 in payment of the hearing transcript. Very truly yours, Enclosures GERARD P. GOEHRINGER CHAIRMAN Linda Kowalski FREDERICK HENRY ANLYAN LORRAINE HELEN ANLYAN Citibank, NA · i.'O 880000 1135 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 December 7, 1990 Mr. James E. Fitzgerald, Proper-T Services P.O. Box 617 Cutchogue, NY 11935 Jr. Re: Appl. No. 3968 - Irene Miller Variance Dear Mr. Fitzgerald: For your information attached is a copy of a letter received from the Suffolk County Planning Department in connection with the above referenced variance. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALI'IN SUFFOLK COUNTY EXECUTIVE 360-5513 ARTHUR H. KUNZ DIRECTOR OF PLANNING December 3, 1990 Town of Southold Zoning Board of Appeals Applicant: Irene R. Miller Mun. File No.: #3968 S.C.P.D. File No.: SD-90-29 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: With the understanding that premises will only be developed in accordance with the alternative set for th with appropriate mitigating measures to adequately protect the structural integrity of the edge of the bluff. Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Gnehtinger, Chairman Charles' Grigonis, 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 ~ 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: X Variance from the Zoning Code, ArticleIIIA, Section 100-30A.3 IA 100-239.4A Variance from Determination of SoutholJITown Building Inspector. __ Special Exception, Article , Section Special Permit Appeal No.: 3968 Applicant: IRENE R. MILLER Location of Affected Land: Lake View Ave., Southold, County Tax Map Item No.: 1000-68-3-10 Within 500 feet of: Town or Village Boundary Line × Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area NY Thruway State or Federally Owned Land State or Federal Park or or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant __ Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct dwelling with'" setback less than 100 feet of bluff Copies of Town file and related documents enclosed for your review. Dated: 11/26/90 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 SCOFF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 November 20, ~990 Mr. James E. Fitzgerald, Jr. Proper-T Services P.O. Box 617 Cutchogue, NY 11935 Re: Appl. No. 3968 - Irene Miller - Variance Dear Mr. Fitzgerald: Transmitted for your records is a copy of the determination rendered by the Board of Appeals at our November 15, 1990 Special Meeting concerning the above application. Please be sure to return to the Building Department and any other agency which may have jurisdiction for appropriate permits prior to commencing construction activities (and placing hay bales as noted in the Board's decision). 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 Linda Kowalski Enclosure Copy of Decision to: Mr. Victor Lessard, Principal Inspector Mr. Thomas Fisher, Building Inspector Notice of Hearings Z.B.A. - November 1, 1990 Copies of Legal Notice also to the following on or about 10/16/90: Mr. and Mrs. Andrew Burkard, 40 Slocum Ave, Pt. Washington 11050 Mr. and Mrs. Donald L. Osani, 332 Throop St., N. Babylon 11704 Mr. and Mrs. George Brudermann, 10 Winter La, Dix Hills 11746 Mrs. Virginia Olga Lee, P.O. Box 1273, Southold 11971 Mr. & Mrs. Donald Swahn, P.O. Box 283, Mattituck 11952 Mrs. Valerie M. Kramer, P.O. Box 1360,'~outhold 11971 Mr. & Mrs. Thomas Santacroce, 75 Shipyard La, East Marion 11939 J. Kevin McLaughlin, Esq., P.O. Box 803, Greenport 11944 Karen Hagen, Esq., P.O. Box 1424, Mattituck 11952 Mr. Curt Meyhoefer, 2195 Albertson Lane, Southold 11971 Mrs. Mrs. Marie D. Cassidy, 2055 Albertson Lane, Southold 11971 Mr. Thomas J. Gorman, P.O. Box 1445, Mattituck 11952 Proper-T Services, P.O. Box 617, Cutchogue 11935 William D. Moore, Esq., P.O. Box 23, Mattituck 11952 Mr. Arthur G. Carlson, P.O. Box 693, Southold 11971 John Wagner, Esq., P.O. Box 279, Riverhead 11901 Philip J. Cardinale, Esq., Drawer W, Jamesport 11947 Marie Ongioni, Esq., P.O. Box 562, Greenport 11944 Charles R. Cuddy, Esq., P.O. Box 1547, Riverhead 11901 JUDITH 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 Southold, 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. 3968. IRENE R. MILLER DATE: AUGUST 9. 1990 Transmitted is application for variance submitted by Proper-T Services on behalf of IRENE R. MILLER together with letter from Proper-T Services; letter from Irene R, Miller authorizing Proper-T Services to represent her; notification to adjacent property owners; short environmental assessment form; Notice of Disapproval from the Building Department; copy of the vicinity map and tax map; Zoning Board of Appeals Questionnaire form; copy of Deed and survey of property. Judith T. Terry Southold Town Clerk Page 18 - Minutes May 23, 1991 Special Meeting Southold Town Board of Appeals REVIEW OF PLANS - PRIOR APPEAL F~R IRENE MILLER. J~es Fitzgerald of Proper-T Services s~tted plans fore, the proposed application for a building permit, a 32' x 44' wide house, and with an attached 12' deck along the north side of the house, the house will be 44' by 44' house building area. Mr. Fitzgerald has assured that the setbacks will not change from that granted and conditioned by the Board in the above appeal. Board Chairman Jerry Goehringer and Member Dinizio both agreed to accept the house plans as being in compliance with the Board's decision, provided there is no reduction in the required westerly side yard or northerly bank yard setback. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at 8:25 p.m. Respectfully submitted, Linda F. Kowalski Approved - June 7, 1991 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 SCO'VI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 November 5, 1990 Mrs. Lorraine H. Anlyan 107 Netz Place Albertson, NY 11507 Re: Appl. No. 3968 - Variance of Irene Miller Dear Mrs. Anlyan: In response to your request today, we are enclosing a copy of the Soil & Water Conservation District letter which was received on October 1, 1990. As you know, the public hearing was held on November 1, 1990, and Mr. Sullivan appeared in your behalf. During the hearing, it was ascertained that the dwelling proposed would be 32 ft. by 44 ft. plus a 12 ft. deck; although the building envelope shown on the original survey was shown to be 30 ft. deep by 60 feet wide. The setbacks from both side property lines will not be permitted at less than 20 feet and 15 feet (which is required by the bulk schegule of the zoning code), and it is understood in this application that the setback~ will accordingly be adjusted to comply for both side yards. Originally the construction envelope as sketched on the survey (copy attached) showed side yards at 10 feet from the westerly property line and 15 feet or more to the easterly property line. The applicant has indicated that they will comply with this side yard setback regulation. (A copy of the bulk schedule is enclosed for your convenience as pertains to this R-40 Zone District.) It should also be noted the maximum height permitted for a principal dwelling structure is 35 feet under the zoning code. We were, however, advised during the public hearing that the dwelling structure is to be one-story in height. Copies of the transcript of the verbatim statements, including those presented by Mr. Sullivan (in your behalf), being prepared by the court stenographer should be available within the next couple of weeks. If you would like copies, please forward to Page 2 - November 5, 1990 To: Mrs. Lorraine H. Anlyan Re: Application of Irene Miller our office a check for $2.00 which should be made payable to the Southold Town Clerk in payment of the copies. We will, in turn, forward the copies to you. Yours very truly, lk Enclosures GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Page 2 - November 5, 1990 To: Mrs. Lorraine H. Anlyan Re: Application of Irene Miller our office a check for $2.00 which should be made payable to the Southold Town Clerk in payment of the copies. We will, in turn, forward the copies to you. Yours very truly, lk Enclosures GERARD P. GOEHRINGER CHAIRMA~ By Linda Kowalski 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 SCO'I'I' L. HARRIS Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York ! 1971 Fax (516) 765-1823 Telephone (516) 765-1800 November 5, 1990 Mrs. Lorraine H. Anlyan 107 Netz Place Albertson, NY 11507 Re: Appl. No. 3968 - Variance of Irene Miller Dear Mrs. Anlyan: In response to your request today, we are enclosing a copy of the Soil & Water Conservation District letter which was received on October 1, 1990. As you know, the public hearing was held on November 1, 1990, and Mr. Sullivan appeared in your behalf. During the hearing, it was ascertained that the dwelling proposed would be 32 ft. by 44 ft. plus a 12 ft. deck; although the building envelope shown on the original survey was shown to be 30 ft. deep by 60 feet wide. The setbacks from both side property lines will not be permitted at less than 20 feet and 15 feet (which is required by the bulk schedule of the zoning cq~e), and it as understood in this application that the setbacks' will accordingly be adjusted to comply for both side yards. Originally the construction envelope as sketched on the survey (copy attached) showed side yards at 10 feet from the westerly property line and 15 feet or more to the easterly property line. The applicant has indicated that they will comply with this side yard setback regulation. (A copy of the bulk schedule is enclosed for your convenience as pertains to this R-40 Zone District.) It should also be noted the maximum height permitted for a principal dwelling structure is 35 feet under the zoning code. We were, however, advised during the public hearing that the dwelling structure is to be one-story in height. Copies of the transcript of the verbatim statements, including those presented by Mr. Sullivan (in your behalf), being prepared by the court stenographer should be available within the next couple of weeks. If you would like copies, please forward to ~'~ HESKEL~DDAD, M.e Board of Appeals Town of Southold Town Clerks Office Main Road Southold, New York 11948 Dear Sir or Madam: September 17, 1125 PARK AVENUE. NEW YORK. N. Y. 10128 1990 I received a letter from Mr. James E. Fitzgerald representing Mrs. Irene R. Miller, regarding a proposed building on the lot next to my house in Peconic. I object to the proposed plans for the following reasons: 1. The house is too large and comes very close to my property. As a matter of fact it encroaches on my property. 2. It is too close to the bluff and this area of the bluff is a very sensitive area which should be preserved the way it is. It is a bird sanctuary and a hurrican barrier. 3. The driveway should come to the right of way further west as agreed upon with Mr. Cessack, the builder who represented Mrs. Miller when he talked to me. This way it will not destroy all the trees that I cultivated on my property. 4. The survey is incorrect and should be corrected because it encroaches on some of the property that belngs to me. 5. You should now consider how this house is going to the beach and I am sure there will be a request to have stairs to go to the beach from the bluff and this should be prohibited because it will certainly destroy the bluff which is a very good protection against hurricanes. Mrs. Miller certainly does not need a house as large as the proposed one. The house should be made smaller so it does not encroach on my property and should be brought further down than the bluff. Also care should be taken to protect the ecology of the wetland in Autumn Lake. My attorney, Mr. William Moore, Clause Commons Suite 3, Main Road, Mattituck, New York 11952, Telephone # 516-298-5674, will represent me at the hearing and I would appreciate hearing from you as to when the hearing will be as soon as possible. Sincerely yours, Heskel M. Haddad, M.D. HMH:cs cc: Mr. William Moore, Attoroey Mrs. Lorraine Anylan _ . Proper. T Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935 August Mr. Gerard Goehringer, Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 10, 1990 ($16) 734 - 5800 Re: Application for a Variance, SCTM #1000-68-3-10 (Irene R. Miller) Dear Mr. Goehringer: Here is the additional information which Doreen requested about the survey: The northeast boundary of the building envelope is 15' from the northeast property line, and parallel to it. The southwest boundary of the building envelope is 10' from the southwest property line, and parallel to it. The front yard setback of the proposed building as shown is 149', but it should be noted that the size and configura- tion of the house have not been finalized and this distance may change. The northwest (seaward) boundary of the building envelope was determined by drawing a straight line between the most seaward points of the two neighboring houses. I estimate the distance between this line and "the top of the bluff" to be 5'. The height of the building as specified in the application for the Building Permit is "35' or less", the maximum permitted in this R-40 zone. The design of the house has not been completed and so it is not possible to be more specific at this point. I have arranged for the surveyor to do additional field work which would include staking the seaward boundary of the building envelope, but I hope that review of the application can proceed on the basis of the information supplied above. If you need anything else, please call me. ./~es ~y~gera,o, Jr. a subsidiary of THE PECONIC EASTERN CORPORATION COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE SOIL AND WATER CONSERVATION DISTRICT September 26, 1990 Mr. Gerald P. Goehringer, Chairman Town of Southold Board of Appeals Town Hall - P.O. Box 1179 Southold, New York 11971 Dear Mr. Goehringer: We have completed a review of the site known as Application Number 3968 - Irene Miller (Variance). The lot at present is heavily vegetated both beach side and mainland side of the bluff top. It is mapped in the Suffolk County Soil Survey as P1C - Plymouth loamy sand with 8-15 percent slopes with escarpments, and as Bc - Beaches. There is no evidence of erosion at this time. The dirt road leading to this parcel does not coincide with the street from the Suffolk County Tax Map. It is south of the paper street, closer to the tidal marsh. On the property survey map it appears that the contour lines may not be accurate according to our copy of the Five Eastern Town Watershed Map and our site inspection. The P1C is a moderately sloping soil and is considered a mdderate to severe erosion hazard, due to slopes. For homesites, streets and parking lots, and sewage disposal fields the hazard is moderate, again due to slopes. There is however, a possible pollution hazard to shallow wells and the tidal marsh area due to raptdiypermeable soils. When lawns and landscaping are considered the hazard is severe due to the sandy surface layer. Construction of a house along the bluff top will add extreme weight and stress to the bluff. The setback proposed here is merely 5 feet. Precautions should be enforced during construction to curtail runoff from causing erosion that will allow sediments to deposit in the tidal marsh. Land around the house should be graded away from the bluff top so as not to allow runoff over the bluff face. Surface runoff from the property including the proposed driveway should not allow sedimentation in the tidal marsh. After grading and construct£on is complete roof runoff should be diverted into drywells by gutters and downspouts, again to eliminate an erosion and sediment hazard to the tidal marsh. If you have any further questions please feel free to contact us. Sincerely Paul A. TeNyenh~is District Technician APPEALS BOARD MEMBERS Gerard P. Goehringcr, Chairman Charles Origonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. 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 September 28, 1990 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil & Water Conservation Peconic Plaza - Route 58 164 Old Country Road Riverhead, NY 11901 Re: Appl. No. 3968 - Irene Miller (Variance) Dear Mr. Pauzer: We presently have an application pending in which the property owner proposes to construct a new dwelling with an insufficient setback from one of several "bluff" contour lines at premises referred to as 160 Lake View Avenue in Peconic as shown on the attached survey. Also attached is a photocopy of the County Tax Map showing the immediate area. May we ask your assessment of this project? The public hearing is expected to be held on November 1, 1990. (If additional information or time is needed, please don't hesitate to let us know.) Your time and efforts are greatly appreciated. Thank you. Enclosures Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski f ' I' I "1 ~ ~ P' _"lReol Pros)erty Tox Service Ageacy ,~o~e~, 068 ":. '?J- ? ...... ----I ~...,,c ........ .~. ,ooo FORM NO. 4 .TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southotd, N.Y. CERTIFICATE OF OCcuFANCY No Z-20735 Date MAY 18~ 1992 THIS CERTIFIES that the building Location of Property 160 LAKEVIEW AVENUE PECONIC~ N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 68 Block 3 Lot 10 subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 19~ 1990 pursuant to which Building Permit No. 19908-Z dated JUNE 3r 1991 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAM?I~ DWW3JJNGWITH GARAGE IN C~.?~%R & ATTACHED DECK WITH PARTIAL SCREEN ENCLOSURE AS APPLIED FOR & AS PER ZBA #3968. The certificate is issued to IRENE MIT3.~R (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 89-SO-12-MAY 5~ 1992 UNDERWRITERS CERTIFICATE NO. N-225283 - FEBRUARY 20~ 1992 PLUMBERS CERTIFICATION DATED JAN. 2~ 1992 - MATTITUCK PLUMBING & HEAT. ///Building Inspector ~41Y DEPART~,IENI OF HEALTH SERVICES CLE FA~,~ILy D)¥ELLING ONLY $URVEY OF ROPER T Y ~i T PECONIC N OF SOUTHOLD ~)LK COUNTY, N. Y 0 - 68 - 03 I0 Scale 1" = 30' Dec. 19, 1988 July 24, 1990(revised) ~ene .4, 7991 ( hae~ stk. *out ) June ~g 19~1 ( found I~¢ ) / CERTIFIED TO ~ IRENE R. MILLER I-I S Ref # 89 SO 12 Proper-T Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935 (516) 734 - 5800 August 3, 1990 Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application for a Variance, SCTM ~1000-68-3-10 (Irene R. Miller) Dear Sir: Enclosed are the documents prepared in support of the application for a variance and appeal from the decision of the Building Inspector for the construction of a single-family private residence on the property of Irene R. Miller located at 160 Lake View Avenue in Peconic. Proper-T Services represents Ms. Miller in this matter, and a letter of authorization is attached. Originally the road and a permit from the NYSDEC was obtained for this. In addition, a waiver from the Town Trustees was obtained for this location. Plans now call for siting the house near the top of the bluff, and both of these agencies will be advised. It is expected that the permit and the waiver will remain valid with this amendment. it was planned that the house would be sited nearer An application for approval by the County Health Department was submitted, but approval was not obtained because of dif- ficulty in obtaining information about the well location on the Haddad property. This has now been resolved, and the Health Department will be advised of the well location and the new proposed house location. Photographs have not been included since the amount of vegeta- tion and lack of clear views would make them meaningless in this case. a subsidiary of THE PECONIC EASTERN CORPORATION Board of Appeals -2- August 3, 1990 If you need more information or have any questions, please call me. Yours tru/~,,://~ :'L-. . Enclosures: Application Fee (Check, $1~0) Letter of Authorization Application (3 copies) Notice to Adjacent Property Owners Short EAF Vicinity Map Tax Map ZBA Questionnaire Copy of Deed Notice of Disapproval (Building Department) Survey of Property (4 originals) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TOWN Of 8OUTHOLD ~-ONIR(I BOARD OF APPKAL$ COUNTY OF SULePOLK : 8?ATB Of I YORK - ~R Of 80U'~fOt'-D : Y-ONIHG BOARD Of APPEALS HFJ~RIN(J : Town Hal 1 53095 Main Road P.O. Boz 1179 . 8outhold, Hew York 11971 Novembeg 1, 1990 7:30 P.M. BKPORB : GRRARD P. GOKBR ! NOKR, Chat rman. BOARD MEMBERS: · C~ARLRS ~ltlOONlS, JR. 8~GB DOYEN, JR. JOSEPH H. BA.~ICKI - Absent JAMES DXffXZXO, JR. ALSO PRESEH?: LINDA ROWALSR!, Board 8eoretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 44 Is there anybody else that would like to speak in [avor o[ the application? Is there anybody that would like to speak against the application? Hearing no [urther comments, I make a motion reserving decision until later. MR. GRIGONIS: Second. THE CHAIRMAN: Ail in MR. ORIGONIS: Aye. MR. DOYEN: Aye. MR. DINIZIO: Aye. THE CHAIRMAN: Thank you very much [or coming in. (Time noted: 8:33 p.m.) THE CHAIRMAN: The next appeal is in behai[ O~ Iren® R. ~iller, Appeal Number 3968. The legal notice reads as [ollows: (Legal notice read o[[ record.) THE CHAIRMAN: I have a copy o[ the survey, dated -- looks like a copy of the surveyor's -- dated July 24, 1990, indicating a dwelling o[ approximately 30 by 60, just inside o[ the top of the blu[f on this particular parcel, and I have a copy o[ 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 the Suffolk County Tax Hap indicating this and surrounding properties in the area. I believe Hr. Fitzgerald is representing -- HR. FI?ZGERALD: Jim Fitzgerald, Property Services. Hrs. Hiller has owned the property for 25 years and now she would like to build a house on it in that area, the place which would make use of the property is the location that is indicated on the drawing and for which we seek the variance. If the house was much further back from the bluff that magic view of the water would be lost and the Eront line of the proposed building was ~btained bY drawing a straight line between the most seaward portion of the structures on either side of the property. THE CHAIRMAN: So what you are saying is that the structures on either side have a similar setback as to the one proposed. MR. FITZGERALD: Yes. THE CHAIRMAN: I assume there will be a full basement in this house7 I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 46 MR. FITZGERALD: That is correct. There would be a 12-~oot -- the actual size of the basement is 32 by 44, and the 44- foot being parallel to the line in the bluff and there will be a 12-foot deck which means that the basement would be -- the concrete would be another 12 feet back from the edge o[ the bluff. THE CHAIP/~AN: Okay. the east or west? MR. FITZOERALD: No. -- to the seaward side. THE CHAIRMAN: I I II II To which side, The north side What you are saying in MR. FITZGERALD: THE CHAIRMAN: That is not elevated above the house? MR. FITZGERALD: On the same level as the first floor. THE CHAI~4AN: But not ~to protrude any further than what is presently shown? MR. FITZGERALD: It would be inside 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 47 idea. THE CHAIRMAN: Of course, I know the envelope. THE CHAIRMAN: Wonderful. Okay. You did see our letter from the Soil and Water Conservation? MR. FITZGERALD: Yes. THE CHAIRMAN: Do you have any comments about that? MR. FITZGERALD: No. ! think it is obviously a very thoughtful study and the insteps that are required during the construction to minimize or eliminate the potential for runoff into the wrong places will be taken, of course, and the structural integrity of the edge of the bluff will be retained. THE CHAIRMAN: Do you have any objection to placing straw bales in front of the proposed structure? MR. FITZGERALD: You mean during the construction? THE CHAIRMAN: Yes. MR. FITZGERALD: I think it is a good 1 2 3 4 § 6 7 8 9 10 11 12 13 14 15 16 "17 18 19 2O 21 22 23 24 48 there is an angle this way that we are -- that the sloping effect is, of course, towards the road and so there is probably no reason to address that particular issue in the decision in the respect that you are -- probably are in no way going to change that except there would be no disturbance, assuming the Board went along with the established setback. We will go back there and readdress both next-door neighbors. We thank you. MR. Miller is FITZGERALD: Excuse me. Mrs. here, by the way. THE CHAIRMAN: Is there anybody else that would like to speak in favor of this applkcat[on? Anybody that would like to speak against the application? Questions from Board members? MR. MOORE: Bill Moore (Esquire). am representing Dr. Heskel Haddad. Dr. Haddad just wanted me to inform the Board he withdraws his opposition to that application. THE CHAIRM~/~: Do you have any idea 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 49 how close his house is to the bluff? PR. HOORE: ! was up today taking a look around. The bluff is very -- slightly -- approximately, say -- guessing -- 15 feet, but there is a concrete patio and the house -- ii I remember correctly -- I would say 15 feet. THE CHAIRMAN: Thank you. Hearing no iurther conanents, ! make a motion closing the hearing and reserving decision until later. HR. GRIOONIS: THE CHAIRMAN: Second. All in favor? MR. DOYEN: Aye. MR. ORIGONIS: Aye. BR. D NiZ O: nye. THE CHAIRMAN: I'm sorry. I am terribly sorry. iR. SULLIVAN: William Sullivan. I live in New Suffolk. The reason that I am speaking is my cousin called me. She couldn't make it. She is completely familiar with this whole situation. She was concerned about the variance, that evidently 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 22 23 25 5O time to do that. What we are going to do, at this point, I am going to lay the file right down here and let you review it. We will take a Jive minute break. You can review, and any other questions you would like to add, you will be -- you can add. M~. SULliVAN: That's fine. MR. FITZGF2~ALD: I can tell you it going to be a one-story structure. THE CHAIRMAN: Thank you, Mr. Fitzgerald, ~or clearing that up. is MR. SULLIVAN: two-story structure. THE CHAIRMAN: MR. FITZOERALD: I thought I heard a May you mentioned it. I might have. You are going to it is a two-story structure going up. I think maybe she ~eels it n~ight block her view and she wanted to comply with the law. What is the law, 100 feet back? That was one thing. ~nother thing was the -- I didn't see the survey map, but how close it was to her property line or something. THE CHAIRMAN: I am going to give you 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 51 take a break? THE CHAIRHAN: With everybody's indulgence we will take a five minute break so this gentleman can review the file. I need a motion, gentlemen. HR. DOYEN: Second. THE CH&IRtiltN: 8o moved. &ll in favor? HR. ORIGONIS: Aye. HR. DOYEN: Aye. HR. DINIZIO: Aye. (Recess commenced at 8:43 p.m., and said hearing resumed at 8:52 p.m.) THE CHAIRI4AN: We need a motion to reconvene. HR. GRIGONiS: So moved. (Hr. Sullivan showing document to the Court.) THE CHAIRNAN: The question is the l0 feet on the west side of the property. That is the issue that Hr. Sullivan is addressing, at this particular point. HR. SULLIVIiN: Ny cousin had said the~ wanted at least 15 feet. I don't know 1 2 3 4 5 6 7 8 9 ~0 1! 12 13 14 ~5 16 17 18 19 20 21 22 23 24 25 what the laws are. that, one. You have to tell me on but that is an issue for her -- that The 100-foot bit, that's the law. 52 The variance will have to override that. THE CHAIRMAN: There is a resolution on the one side of 2210. Can anything be done You are raising that We can address that to the MR. SULLIVAN: about that? THE CHAII~4AN: issue. Sure. agents. (Inaudible statement.) MR. FITZGERALD: This was a theoretical house, 30 by 60. actually with the deck will The house 44 by 44 -- with the deck. So 2hat would permit more setback on each side. THE CHAIRMAN: be 44 by 44. { MR. FITZGERALD: house is going~ ~tt%ct~des 12 feet of dee~. ~ THE CHAIRMAN: $9 the 32 bF 44 is the actual size of the house. ~ MR. FITZGERALD: Of the concrete, I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Ig 2O 21 22 23 24 25 53 THE CHAIRMAN: Because we do have a size yard situation of 20 and 15 for a total of 35. This is very simply what we refer to as the postage stamp for tho DEC purpose; is that correct? MR. FITZHERALD: Yes. THE CHAIRMAN: $o in effect, the house is going to be something like that. It would have to comply with the side yard, because you are not denied for the side yard. MR. FITZGERALD: Yes. MR. SULLIVAN: That would be over 15 feet. THE CHAIRMAN: It will have to be 20 feet, at least 20 feet. Thank you very much. MR. SULLIVAN: Thank you. THE CHAIRMAN: Is there anybody else that would like to speak on this application? Hearing no further comments, ! make a motion closing the hearing and reserving 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 decision until later. Appeal Carlson. THE appears to be time, in which which is Lot subdivision, MR. GRIOONIS: THE CHAIBMAN: MR. ORIOONIS: Second. Ail in favor? Aye. MR. DINIZIO: THE CHAIRMAN: (Time noted: CHAIRMAN: The 3975, in legal not notice 54 story frame /me on premises ~t the time and at leasf two ba~ one of whzch is on t~e weste~y line and , on the northerly l~ne -- ~roperty line of premises. The accesse/ for the premises a~on Lower Road and Ac~erly Pond Lane, and I ~ve a copy of the Slffolk County Tax Map indicating this DOYEN: Aye. Aye. Thank you very much. 8:56 p.m.) appeal is a elf of Arthur G. reads as follows: off record.) I have a copy of what : subdivision at one ~des this particular lot, 5 of that minor a rather large two- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATION I, GAlL ROSCHEN, do hereby certify that I am an Official Court Reporter and that the foregoing constitutes a true and correct transcript of the Town of Southold Zoning Board of Appeals hearing of November 1, 1990, according to my stenographic notes. GAI~. ROSCHEN Official Court Reporter 145A APPEALS BOARD MEMBERS Gerard P. Goeltringer, Chairman Charles Grigonis, .Ir. Serge Doyen, Joseph H. Sawicki Jatnes Dinizio, 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 October 17, 1990 S.E.9.R.A. TYPE II ACTION DECLARATION Appeal No. 3968 Project/Applicants: Irene R. Miller County Tax Map No. 1000- 68-3-]0 Location of Project: Lake View Ave., S0uth01d, NY Relief Requested/Jurisdiction Before This Board in this Project: Locate proposed dwelling structure with a setback of less than lO0 feet from top of bluff on this 42,930 sq. ft. parcel 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 undeff the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc Map Puad N~ 1000-123-8-L %~. &~, Location d 2,,~,,fly: bite View_ A vA~Jmm bL ~ Vuisnce: / Hun 'unst~ Bodeverd. · pr~m'~ XXVI]X, Sm=ina 281~:35 p.m. App~l~lq-~,3975 --J- mucm,~ with .n ~' m; ' ~/~ ~ and Va~nce'G the hick fan existint bulkhead and : 7,u~,; Odinam~ Aflid8 i~, Se~- ] b the.easterly (from) property 'b 1(}0-30 (as dbf~mMd by b b alOnl Msslanset A.venu~. L~. . .BaE~. huimctoc).f~..,k~,..~d, d NOTICEOF HEARINGS :~'~ NY; County Tax Ma~ hn:d N~.~,~j~;~. shippml u~or ~ales f~ o~f- ~, ~e ~ h~ls ':' :~ TA~ S~ ~ ~ ' ', ~ ~ ~ ~; ~. ~~ma - ,~l~31~b~ ~l~r M~I, m ~ ~d m ~ ~-~i~s g~d 8:45 p.m. AppI. No. 3788 ~Y il971, ~ ~URSDAY, ' ~ ~es.~fl~ofP~flyf~ ~NOVSMBGR 1, 1~0. ~t ae ~ ~:~q~~ ~X.~,l~l~:(~)b. ~'7:30p.m~ A~l. No. 39~-- ~ ~;~~ ~uKm~mm~ ~ B~. ~' ~ ~ 1~3LI-I~ ~ m ~ ~l Ia~e ~b~~~ ~ 8:~ p.m. A~I. No. 3~2 ~" c~stmct two-f~t ~fi~ of ] M ~e ~hS ~ Afl~le ~ R~ L~ ~ ~ ~ h ~ ~- ' stmcm~. ~tim ~ ~: 370 ~ ~ ~ ~; ~- ~ ~0) 7~ ~ ~ 167, Se~i~ ~. Mip 61~; . hd ~ f~ ~st ~ Nye's ' ~e Meh Road. Mmituck, NY; 1~15-~*~.13. ~ ' ~ ~' ~' ~ ~ ~ ~ ~ 1~1~-I-~. 7:35p.m. A~I. No. 3974--~-~' ~N~I~I~-I-~. ~N~~GE..~ ~5 p.m. A~i. No. 3977 ~'-'~ ~.1 BRUDE~ANN JR. Owner).. '~':-. ~B~ i-1 ~ J. ~. ~ m ~ · e Wes~ Side of ~ ~, ~ =: ~ ~ ~e, ~- '. ~ ~ ubj~ h~l. ~ hu~s S~thold. NY; C~nty T~ Map :- -~ ~; C~ ~ ~ h~ ~ m ~ ~ ~ ~o ~ P~N~I~5-10~ll. ., N~I~-5*~. . . . ~'~. ~~ef~r~- 7:40 p.m. A~l. No. 3980~ · 8:lSp.m. AppI. No. 3979~' '~w~K~'; X~V, ~mi~ I~4B for ~p- ~ l~33~h- ~~md~ . fi~ of two accetso~ (smrase) BY O~ OF ~ ~0~ wi~ m hsu~c~t si~ard m% ' ~h~~ . ~ BO~OP ~ h~ nd ~duc~ f~t y~ set- ~ I~ ~ ~ ~ ~ b nm- . O~ E ~O~ ~t. ~u~old. NY; C~nty T~ ~' T~P~N~ 1~i21~. M~N~ 1~1~. ~'8:~ p.m. A~I. No. 3968 ~ ~ m ~ ~g ~ / ~ ~ction 1~-30A.3, and A~ide ~cl~ XX~ ~on 1~-239 for wid~ (f~u8e) of t~ e,~ /~ .i~ ~ f~ ~ ~ ~ ~ ~ pa~els, each wi~ ~ exisfin8 ~/: ~ ~t (~ of bl~ ~ ~l 4~930 STATE OF NEW YORK) ' )ss: COUNTY OF SUFFOLK) Christina Volinski sold County, being duly sworn, say: Clerk of THE SUFFOLK TIMES, published at Mattituck, In the Tows Suffolk and State of New York, and the annexed is a printed copy, has b( said Newspaper once each we successively, commencing on ti October ~9 90 Swom to beforo mo this NOTICE OF HEARII~GS NOTICE IS HEREBY GIV- EN, 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 119'/1, on THURSDAY, NOVEMBER 1, 1990, at the following times: ?:30 p.m. Appl. No. 3969- ANDREW BURKARD. Variance to the Zoning Or- dinance, Article i1I, Section 100-32 for permission to con- struct two-foot ex~nsion of garage attached to dwelling with an' insufficient front yard set- 4mck. Zone District: R-40. Loca- tion of Property: 370 Uhl Lane, Orient, NY; Orient-By-The-Sea Subdivisoin Lot No. 167, Sec-. tion Three. Map 6160; 1000-157 5-24.13. ?:35 p.m. Appl. No 3974- DONALD L., OSANI (for GEORGE ERUDERMANN JR., Owner). Variance to the Zoning Ordinance, Article IliA, Section 100-30a.3 for approval of re-separation into two separate parcels as shown by separate deed conveyances, each lot having insufficient area and proposed construction to meet setback ~lmrements for this R-40 Zone District. Location of Property: North side of Eayview Road and the West side of Beydon Drive, Southold, NY; County lhx Map Parcel Nos. · 1000-79-5-10 and 11. ?:40 p.m. Appl. No. 3980- VIRGINIA OLGA LEE. ['llkriance m the Zoning Or- .lace, Article XXlV, Section I~0-244B for approval of dec~ addition to dwelling with an inT sufficent sideyard setback and reduced front yard setback. Lot area is nonconfortning in this R-40 Zone District. Location of Property: 1455 Cedar Beach Road East,. Southold, NY; County Tax Map Parcel No. 1000-92-1-4. 7:45 p.m. Appl. No. 3978- DONALD & DOROTHY SWAHN. Variances to the Zon- ing Ordinance, Article III, Sec- tion 100-32 and Article XXIII. Section 100-239 for approval of insufficient lot area' and width (frontage) of two proposed parcels, each with an existing dwelling, in this pending divi- sion of land. Zone District: ~iR-40. Location of Property: · ' South side of Park Avenue, Mattituck, NI~ County Tax Map Parcel No. 1000-123-8-8. 7:50 p.m. Appl. No. 3971~ VALERIE M. KRAMERI Variance to the Zoning Or- dinance, Article XXIII, Section 239.4B and Article XXVIII, Section 281, for permission to construct new dwelling structure with an insufficient setback from existing bulkhead and from the easterly (front) proper- ty line aiong Manhamet Avenu~ Lot area of parcel is nonconfor- ming in this R-40 Zone District. Location of Property: 730 Robinson Road and 980 Manhanset Avenue, Greenport, N'~ County ~ Map Parcel No. 1000-34-5-20. 7:55 p.m. Appl. No. 3976- THOMAS AND MARIAN SANTACROCE. Special Excep- tion to the Zoning Ordinance, Article III, Section 100-31(9)(E) for permission to construct olaf- premises ground sign to adver- tise for business purposes. Loea- tion of Property for Sigd.~ Southeast corner of Shipyard Lane and the Main Road, East Marion, NY; County Tax Map Parcel No. 10(X)-38-1-1.2 8:00 p.m. Appl. No. 3972- PETROL STATION LTD. Variance to the Zoning Or- dinance, Article VII, Section 100-72 for approvai of propos- ed LOt No. 4 which will have in- sufficient area in . this Residentiai-Office (RO) Zone District. Location of Property: North side of the Main Road (265± feet west of Alvah's Lane), Cutchngue, NY; County Tax Map Parcel No. 1000-109- ,,, 1-23. 8:05 p.m. AIIlll. No. 3977- BETTY J. COt Variance to the Zoning Orl[~ance, Article Ill, Section 100-33B(4) for per- mission to locate accessory (garage) building partly in th?~ side yard and rear yard with I~ setback at less than the required 20 feet from the southerly pro- perry lin~ The lot area of this parcel is nonconforming at 40,000 sq. ft. in this R-80 Zone Disuiet. Location of Property: 2195 Albertson Lane, Ar- sbamomaque, Grcenport, NY; County Tax Map Parcel No. 1000-52-5-54. 8:15 p.m. Appl. No. 3979- THOMAS J. GORMAN. Var- iances to the Zoning Ordinance, Article I11, Section 100-33 for approval of location of two ac- cessory (storage) buildln_~* in the front yard, ns exist. The lot asea of this parcel is nonconforming in this R-SO Zone District Loca- tion. of Property: 18 C'~scent Drive, Mattituck, NY; County Tax Map Parcel No. station use on this substandard parcel which contains less than ~0,000 sq. fl. in lot ama for each ' us~ and (2) for interpretation as to height limitation of accessory (canopy) stroctur~ Location of Property:. Corner of the Easter- ly side of Factory Avenue and Northerly side of the Main Road, Mattituck. NY; 1000-142-1-27. : Matters Recessed from p.m. Appl., No. 3955. DOMINICK SBLENDIDO & A. AURICCHIO. : :. 9:.10 p.m. Appl. No.-3938- VILLAGE MARINE. ,, I said time and plaee hear any an~ t all pereons or mpsesentafives desiring to be heard in each of . nieat~ may'alco be submitted-'- prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additionai time for 1000-121-4-23. --, your presentation will be lf~n~:25 p.m. Appl. No. 3968-~, ~ailable, if needed. FOr more IRENE R. MILLER. Varianc~ information, please call to the Zoning Ordinance, Ani- 765-1809. ' cie IliA. Section 100-30A.3, and [ ~ Dated: October 17, 1990. Article XXIII, Section 100- I [ BY ORDER OF THE 239.4A for permission to locate ] I SOUT~I,~ OLD TOWN BOARD proposed dwelling structure [ ~ ~ ..~ ." OF APPEALS with a setback of less than 100 [ ~ GERARD P. GOEHRINGER feet from the top of the highest I[' '; :?'~'}Yl~': ~' ' ~C~. AIRMAN point (top of bluff) on this / . ~ i :By:. Lmda Kowaiski 42 930 sq. ft. parcel. The parcel [~ .~i.'~;:~{~,t;' IX-10/25/90(2) in question is nonconforming as to lot width (frontage) of less than the required 150 feet in this R-40 Zone District. Location of Property: Lake View Avenue ]] (127± feet southwest of Hun- [[ tington Boulevard, a private road), Southold, NY; County Map No. 3-10. ~ p.m. AppL No. 3975- ARTHUR O. CARLSON. In- terpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved, g by the Building Inspector) fo~ approval of mariculture uses to include delivery and storing of seafood, packaging, freezing and/or preparation of mw or cooked seafood (processing) for shipping and/or saies for off- premises consumption. Zone District: Agricultural- Conservation (AC). Location of Property: 1575 Lower Road, Southold, NY; County 'Ib.x Map Parcel No. 1000-69-5-13.2. 8:45 p.m. Appl. No..3788; , SUN REFINING & MARKET-p ING. Variance to the Zoning O0; dinance, Article X, Section 100-102: (1) for permission to establish convenience store use in conjunction with and ac- cessory to the existing gasoline COUNTY OF SUFFOLK SS~ STATE OF NEW YORK 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 been published in said Long Island Traveler-Watchman once each week for ..................... ,,(. ....weeks successively, commencing on the ........... ~ ~f day of ..... ~ ...... 19 .~.a... Sworn to before me this '~S~ day of Notary Public rt.,~q,~a7~. A. $~-INEIDEIi Qualif~ iff SuffMk ~ . Commi~n ~pi~ ~ g~?~ 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 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 recently 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 to call our office prior to the hearing date if you have questions or wish to update your file. yours very truly, GERARD P. GOEHRINGER CHAIRM3%N By Linda Kowalski 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 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 recently 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 to call our office prior to the hearing date if you have questions or wish to update your file. Yours very tru/y, GERAi{D p. GOEHRINGER CHAIRMAN By Linda Kowalski 38-09 211th Street Bayside, New York 11361 July 18, 1990 Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Services to act in my behalf as my agent in the submission and processing of an application for a variance to permit the construction of a dwelling in the chosen location on my property located on Lake View Avenue (a private road) and designated by Suffolk County Tax Map No.1000- 68-3-10, and to furnish, upon request, supplemental informa- tion in support of the application. Please note that the deed to the property is in the name Irene Meissnest. This was formerly my name, and I am the person referred to in the deed. Yours truly, Irene R. Miller PATRI¢I~ J~ O'CONNOR NOTARy PUBLIC, Stere of ~w Y~ ~a/ifi~ in ~eem Coun~ ~. Cemmi~ion Expires ~y 31, ]9~ 14.16-4 (2/87)--Text 12 IPROJECT I.D. NUMBER I 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) 1. APPLICANT/SPONSOR for Irene R. Miller 2. PROJECT NAME James E. Fitzgerald, Jr. Miller private residence 3. PROJECT LOCATION' Municipality ?econic County Suffolk SEQR 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) See attached maps. 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Construct private single-family residence with private well and private sewage disposal system. 7. AMOUNT OF LAND AFFECTED: Initially ---- acres Ultimately approx 1 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING ~ND USE RESTRICTIONS? [] Yes [] No If No, describe briefly Proposed construction is less than 100' from the top of the bluff; lot is of insufficient width. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open space [] Other Describe: Medium-sized private residences; medium to low density. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~ Yes [] No If yes, list agency(s) and permit/approvals Suffolk County Health Dept, Southold Town Building Dept; expect non- jurisdiction from NYSDEC; have non-jurisdiction from Town Trustees. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE /~/! ~'--------- /"~ -') ...... Date: A~ Appltcan~me: ~/ -- PROPER-T SERVICES Signature: ~~ /~ r ~/~ ~ ~ , ~ .... // ~ It lh~ ~clio~i~ th~ Co~slal Ama, an~ you ~r~ ~ Coastal Assessment Form before proceeding with this assessment 1990 OVER 1 PART II--ENVIRONMENTAL ASSESStNT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.127 If yes, coordinate the review process and use the FULL EAF. . [] Yes [] No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved egency, [] Yes [] No COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing sir quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significsnt habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain brian C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term, short term, cumulative, or other effects not identified In C1-C57 Explain briefly. C7. Other Impacts (Including changes In use of either quantity or type of energy)? Expiain briefly. D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Ye~, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (bi probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessa~, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Print or Type Name of Responsible Officer in Lead Agency S~gnature of Responsible Officer in Lead Agency Name of Lead Agency Title of Responsible Officer Signature of Preparer (If different from responsible officer) Date The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this Ooard before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) I£ all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes~ NO 2. Will there be a major change to any unique or unusual land form on the site? Yes ~ No 3. Will project alter or have a large effect on an existing body of water? Yes ~NO 4. Will project have a potentially large, impact on groundwater quality? _ Yes 2~No 5. Will project significantly effect drainage flow on adjacent sites? Yes/~ No 6. Will project affect any threatened or endangered plant or animal species? Yes 7. Will project result in a major adverse effect on air quality? Yes~No 8. Will proje'ct have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes ~NO 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? . ____Yes XNo 10. Will project have a major effect on existing or recreational opportunities? Yes ~No future 11. Will project result in major traffic problems or cause a major effect ko existing transportation ' systems? ~Yes ~NO 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- as a result of the project's operation? Yes .~No 13. Will project have any impact on public health or safety? .... Yes ~No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes ~o period or have a major negative effect on the " charact~ of the community or neighborhood? ~/~ Prol~er-T ~erviees' / / Post Office Box 617 Cutchol~ue, New York 1191] Application~ Irene R. Miller QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~TH YOUR APPLICATION FO~4S TO 'FILE 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. Are there any proposals to change or alter land contours~G No 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.) b)Are there any areas open to a waterway without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, cDncrete barriers, decks, etc? 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground 1-i~l? State total: .... ft. 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground 1-~17 State total:' T.ess' than' ~5' ft. 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. 8. Are t.he.r.e, any. bui~lding permits pending on, this parcel (or aDuuumng ±anG under your ownership, if any)? State Permit $ and Nature: Yes ~ Yes O Yes esQ ® 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 (Waiver) 10. 11. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Is new construction proposed in the area of contours at 5 feet or less as exists? 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? 13. Please list present use or operations conducted upon the subject property at this time Undeveloped and proposed Single family private residence Please submit photographs for the record. I certify that the above statement~] reliance by the Board~al~__~ ~gnature -~,:'z~,~,_.-_ ~ i- ~ ..... ~ ~uthor~ Yes ~ Yes ~ Yes ~) No -~etrue and are being submitted for ~ring~pplicatio~. ~d A_ P'PROPER-T SERVICES James E. Fitzgerald, Jr. P.O. B~ 617, Cutchegue, NY 1195S Pitene: (516) 734-5800 WETLANDS [Amended 8-26-7t; by L.L. No. 2-1976: 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (I)All lands generally covm'ed or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean Iow t/de are covered by tidal waters to a maximum depth of · five (5) feet. including but not. limited to bank.% bogs, salt marsh, swamps, meadows, flats or ether low lying lands subject to tidal action: (2) All banks, bogs. ,neadows, flats and tidal marsh subject to such tides aud 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 Iow march cordgrass; ami/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection Al2) and lying xvithin seven- ty-five (75) feet lamhvard of the mast landward edge of such a tidal wetland. FRESII%VATER WETI,ANI)S: (1) "Freshwaterwetlands" as defined' 'm Article 2.1. Ti- tle I. § 2.1-0107. Subdivisions l(a) to l(d) inclusive. of the Eavironmevtal Conservatioa Law of the State of New York: and (2) All land immediately adjacent to a"freshwater wet- land." as defined in Subsection il(1) aad lying w/th- in seventy-five (75) feet {andward of the most land- ward edge of a "freshwater ~vetland." 9705 Sou~hold Town Board of Appeals -47- November 5, 1981 Regular Meeting RESERVED DECISION: Appeal No. 2897. Application of Victor L. L'Eplattenier, Box 361, Peconic, NY (by Rudolph H. Bruer, Esq.) for Variances: (1) for approval of access, New York Town Law Section 280-a, and (2) to the Zoning Ordinance, Article III, Secti6n 100-31 for permission to build new dwelling with insufficient front and rear yard setbacks at Lake View Avenue and Dickinson Street, Peconic, NY; bounded north by Dickinson Street; west by Lake View Avenue; south by Garrido; east by Garrido; further identified as Subdivision Lots~ No. 57 and 58, Peconic Shores Subdivision Filed Map 654; County Tax Map Parcel Item No. 1000-67-3-12. A public hearing was held earlier.this evening concerning this appeal. The Board made the following findings and determination: Appellant has appealed to this Board seeking: (1) approval of access over Lake View Avenue, which Lake View Avenue begins at a point approximately 95 feet easterly from the intersection of Sound View Avenue and Huntington Boulevard, and running generally south and running thence east to the subject premises [more particularly known as Subdivision Lots No. 57 and 58 of Peconic Shores Subdivision], and (2) a variance for permission to construct a new dwelling with an insufficient frontyard setback off Lake View Avenue of approximate- ly 22 feet at its nearest point and an insufficient rearyard setback from the southeasterly property line of approximately 22 feet at its nearest point. The Board finds the access road to be passable but unimproved. The Board also finds that the premises in question is a corner lot with approximately 115 feet road frontage along Lake View Avenue and 95.38 feet along Dickinson Street, both being "paper roads," impassable and unimproved; that the premises contains an area of approximately 11,000 square feet. The topography of the subject parcel lends itself to the granting of this variance and it is the opinion of the Board that the practical difficulties are unique. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining proper- ties would be created; that the difficulty cannot be obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facili- ties of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested in Appeal No. 2897, appli- 6ation of Victor L'Eplattenier, be granted, SUBJECT TO THE FOLLOW- ING CONDITIONS: 1. That the applicant obtain a legal right to improve the Southold Town Board of Appeals 48 - November 5, 1981 R~gul~r (Appeal No. 2897 - Victor L'Epplatenier continued:) M~eting access road (Lake View Avenue described above) in view of the deeded covenants prohibits such road improvements, supra; 2. That such access road (Lake View Avenue described above) shall have a width of not less than 15 feet and shall be cleared of all trees, brush and other obstructions to a width of 15 feet; 3. That such access road shall be improved in EITHER of the following two methods: (a) Surfaced with a minimum depth of four inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of' packed blend to a depth of four inches; OR (b) Shall have topsoil removed to a depth of eight inches and then filled with eight inches of a good grade stone and sand bank run. The surface shall then be covered with a layer of two to four inches of three-quarter-inch stone blend, or in the alternative oiled with a minimum of four-tenths of a gallon of road oil per square yard. ~ 4. No building permit or certificate of occupancy shall be issued for the construction of any buildings or structures on the premises to which this access is referred until all of the condi- tions set forth herein have been complied with. 5. Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the appli- cant shall be required to construct such drainage facilitSes as may be recommended by the Town Engineer. 6. That the access road be approved by the Board of Appeals, Town Building Inspector, or Town Engineer as to meeting the above requirements. Location of Property: Lake View Avenue and Dickinson Street, Peconic, NY; County Tax Map Parcel Item No. 1000-67-3-12. Vote of the Board: Sawicki and Grigonis. Ayes: Messrs. Doyen, Douglass, Goehringer, This resolution was unanimously adopted. SOUY~oid To~ Boa~ of &ppoal~ -,Z2- l~em'l~r~ 9t M~. Bosenbex'a, and ~. 0~f4mnis. . ~ho Chainum opened tA2m hoaz*tnf bF ~ mt/em or fo~ th~ appl~eationT tho house and use tho o~he:r cas halL' of the P~Pefl;r 'ro~ mFse:l~ ~ bu:U.d a homo. I~', Van Tu~ hae diyJAd tbs f~ b r*to ~ m :Lof;~ deso~'ild;$.on ~.s al. mo What does t/tat mama oao~ pisser about ' THE C:HA]l%Y, ANI ~g ! understand you wish to buiAd a house onthe housot ~equAx*e side yard vat'lan~s? ~. AXIE~m The~e im enough to put a house An there vitheut requemttx~ a va~ianoe, ~ CHAX.qI4Mit Xs thex*e oAFonm else l~eSent ~ wiaboe TH~ CHAIRMA~I b ~ide b the a~eoH MR. A~t 33 rt. That Lo no, & To~ ~oad? sH~*amo A.X~Ht Not a l~ivate Foad. It eon,4,~os down in di~eo~i~9 ~ leX'~ a~ AR~ttu~ Iddeo aid g~o8 alc8~ to a ToMs r~ad. Does that ~oad have ~8 b tho~e anions else wesent ~ho has ~ (There ~s no ~- BosolutZon was of£e~ed by ~. 2 ~ o~ s~e ~ lot ~ t~ ~ *b ~a. Ot~F Xo~ h~ less RF~OLVED that tho aplxlioattcn Be granted Beoau~o tho Boa~-d ~eels it vould Be an undu~ hm~ship to l~lbit tho Bouthold To~ Board of ~ppealm -lie-- Deeember~gt 19~9 I)eser:l.p~L.cm--lebm ~ lot edJoLuluf H%pvsl..X, Th.ia p~opomos to meXlm lot ad~o~tne Bo~tu~ at a point on tho noFthaTly Line o~ a ~ ~m ~ e~ ~ oF ~ ro~ 8.~l ~'E.-3~ X'~ ~ o~ less, ~ said n~e~l~ ~ a~d ~ ~t. ~lgh~f~l th~ ~o~ said ~ly the hea~n~ bF or the b~ld~ug ~otiee o£ hea~ing in the LONG ISLAND SOUND A-C R--80/ R-8~ STATE OF NEW YORK COUNTY SUFFOLK TOWN OF SOUTHOLD SWIS PARCEL ID 4.73889 Y CK RE AL S REFERENCE C R 0 SpAR_~E~~ - - - 1988 LAND R DG NAME 67.-7-5.1 67.-7-'7.1- 67. -7-8 67. -7 =9 67.-7-10 - 67=;7~-11 67.-7-12 67. -7-14 6 ~. ;-t - 1 68. -1 -2 68L~ -3 68. -1 -4. 68. -1 -6 68. -1 -8 68.-1-10 · -'68-'":1'=-1 I~ '68. -1 -1 2 * 6 ~L--1 =i3 68.-1-13.1 68 ~- 1~1'3'. 2 C RU BROOKS GEORGE G C UC NORMAN JAMES J · -VO SIENK-PETER-J &'WF fUU C VL LONIGRO JOHN R 900 C WE LONIGRO F~NK 900 C QH GLASSMIRE MAE L 700 CRT SUFFOLK COUNTY '---C-SM-STEIN"SONJ~--C 600 C TF SWEET LLOYD C 1,200 C MZ PALMER JOH~L & WF 1,00~ C NS GORDON EVFLYN 400 COL PALMER JOHN L & WF C PE VERRO VINCENT F 600 C~PX'MELLY FRAN~--WF C QQ ROGAN EDWARD & WF 800 C RJ ZAHID REALTY COR~ 6eZOO C SC MCWHOOD THORNE g & WF ~-300 C SV BRASS RICK 6.500 C MY BENNETT ALICE 6.600 C-~-CO~OTTO-'i~ENE C OK LYTLE HENRY B & ORS 300 C PD LYTLE HE~R~W~- 9,800 C P! LYTLE MABEL P C QV LYTLE MABEL C QS HEIGL GRETCHEN 1.800 C'-RO'HE~G~T~ ..... C RL FULTZ GLORIA 10.200 C SH HA~H~H~-'~-p~ W 1,600 CSX BITTNER THEODORE 0 & W 20.200 C PB TOWN O~OT~Io~ 100 --68. 6fl.-2-19.1 68. -3-2 68. -3-4. ---6 g.--3 - 5 68. -3-6 68. -3-8.2 MAGG[O PAUL & WF 1.000 'M~ER~(~T V' & WF .......... 300 MEYER ELLIOT V & WF 500 C QM KRUK ED~b~S~Y-~IA 1 C UZ SUFFOLK COUNTY , 20,600 C OF MO~ETER--A Z.~O C OY OLIVER DORINDA J 1~700 1 ;800 C qK S~[THEN CHARLES 1~600 C RW YOUNGMAN MICHAEL & WF 2,100 C SP AYI~L~NE Z,lOO C VA POCHTRAGER EDWARD & WF 2.500 WS MOHAMMED NOEL 0 ~GK M~T~T IRENE ~ C PQ CUflRIE ROgERT & ~F C QJ MI-Cff~T-S--G~EGORY?-g~WF 11,0( 17,3( 30,2( 1,0( 2,0( 20,6C 4,9C I~L Z~IL 5,2[ 68. 68; -3-I 1 - 68.-3-13 .... PAGE 2.800 6,9C 3-300 2.200 2,2C 800 3,DC 3.200~'~-"~ TOTALS 4.9-PARCELS--(ACTTVE1 OWNER TOWN OF $OUTHOLD ~'~OPERTY RECORD STREET FORMER OWNER VILLAGE CARD DISTRICT LOT LAND IMP. TOTAL NEW Farm Acre FARM SUB. ACREAGE ~.GO ,~7 ~ DATE W TYPE Of BUILDING COMM. I IND. CB. Total House Plot Tillable 3 Woodland ~,-~ ' Swampland Brushland Tillable 1 Tillable 2 ~,ABOVE Value Value Per Acre MISC. M. BldgC .. b ) = ~. Foundation ~ Pr" Bath / Extens?~ 17,~/,/; -~. /~~. ~ ~'._ ~')~ Ba~ment~ ~/~ /~ '~ Fl~rs ~ten~w } ~/ Z ~ -_ ~ ~' ~ ~ ~ ~/j ~t. Walls ~ Interior Finish II ~. ~tensi~~ ..[~. Fire Place ~1 ~ He~ ~.~,,~ / '~'~ ~ ~ ~. {,c[~ ~ .'~ : ~.''/0 ~9~, ~ l? f~r,f ~o~ch ,~C-~}-~'~' Attic ~) ~[~' Porch '~( Rooms 1st Flor Breezeway Patio . . Rooms 2nd Floor Garage Driveway O.B. l/~.~ &~..~_// TOWN OF SOUTHOLD PROPERTY RECORD CARD , VIL~GE DISTRI~ SUB. LOT "~'' OWNER STRE~ FORMER OWNER w ~..~.½:~>~ WPE OF BU'LD,NG RES. I-~ND AGE NEW Farm Tilloble 1 Tillable 2 · illable 3 Woodland Swampland Brushland Hbuse Plot IMP. VL. TOTAL FARM DATE BUILDING CONDITIOI~ NORMAL Acre BELOW Value Per Acre COMM. REMARKS IND. CB. ABOVE - --' Value MISC. Extension /6'-'~"~ '5 '~*' J .~ ~Ext. Walls /~.. Interior Finish ~tension Fire Place / He~ ~',~t~ I~ ~ ~ ~ ~ ~ Porch ~ ~ ~ ~ Attic ~,~ ~X/J' 1~6) -~ >/,,. Porch Rooms )st Floor Breez~ay Patio Rooms 2nd Floor ITHE SITE OF THE PROPOSED PROJECT IS CROSS-HATCHED District lO00, Section 068 Application No, 10-89-0258 Regarding the property of AGE NEW FAPJvt Tillable Woodland 'Vteadowland -louse Plot BUILDING CONDITION NORMAL' BELOW Acre Value Per Acre / r'otal : ,~ - ABOVE Volue FRONTAGE FRONTAGE DEPTH BULKHEA[ / ~,~,_ / / ,J THE AREA OF THE PROPOSEDI PROJECT IS CIRCLED G~ldsmith W72°02 ' 30" N41 o27 ' 30" Peconi U.S. Geological 8urvey TOWN CLERK BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of : James E. Fitzgerald, Jr. : to the Board of Appeals of the Town of Southold : TO: Lorraine H. Anlyan 107 Netz Place Albertson, New York 11507 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~intention of tile undersigned to petition the Board of Appeals of the Town of Southold to request a~anan~J(Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: 160 Lake View Avenue (Pvt rd)~ Peconic 3. That the property which is the subiect of such Petition is located in the following zoning district: R-40 4 lhat I~,~ such Pelition, the undersigned will request the following relief: Permission to const~¢t a private single-family residence at a distance less than 100' from the _top of the bluff; and on a lot of insufficient width ~der present ~od~. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article IIIA Sect/on 100 ~OA.3, and XXIII 100-2~9.4A(1) [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.' 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at lea~st 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: Aug 3, 1990 James E. Fitzgerald~ Jr./Proper-T for Petitioner Owners'Names: Irene R. Miller PostOfficeAddress P.O. Box 617 Cutcho~ue~ NY 11935 Tel. No. (516) 734,5800 Servic [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 861 031 337 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) ~orrsasne H. Anlyan ~'~n~t Z Place ~SC~°d~'Y 11507 Special Defivery Fee Date, and AddreS~ · Postmark, 3 , STATE OF NEW YORK ) COUNTY OF SUFFOLK ) James E. Fitzgerald, Jr. , residing at 385 Haywaters Drive Cutcho~ue ~ NY 11935 , being duly sworn, deposes and says that on [he 3rd day of August ,19 90 , 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 roll of the Town of Southold; that said Notices were mailed at the United States Post Of- ficeat Outohoguet NY 11935 ;thatsaidNodcesweremail/r..~c ~h. of said persons by Sworn tO befo[e me Notary Public JANE R, MINERVA NOTARY PUBLIC, State of New York No. 4853]08, Suffolk County Comroission Expires February ]8, (This side does not have to be completed on form transmitted to adjo~ property owners.) / ning BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o, the Petition of James E. Fitzgerald, Jr. totheBoardofAppealsoftheTownofSouthnld TO: Heskel M. Haddad Lakeview Drive Peconic, New York 11958 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~ intention of tile undersigned to petition the Board of Appeals of the Town of Southold to requesr'-~(Special Exception) (Special Permit) (Other) [circle choice) 2. That the property which is the subiect of thc Petition is located adjacent to your property and is des- cribed as follows: 160 Lake View Avenue (l~t rd) ~ Peconio 3. That theproperty which is the subiect of such Petition is located in the following zoning district: R-CO 4 'That h~ sucl~ Peli;ion, the undersigned will request H~e following relief: ?ermlsslon to con~ struct a private single-family residence at a distance less than 100' from the top of the bluff; and on a lot of insufficient width under present Code. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the Under- signcdare Ar~Lcle IIIA S~ction 100-30A.3, and XXtII 100-239.4A(1) [ ] 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 ,he Southold Town Clerk's Office at Main Road Southold, New York and you may then ami there examine the same during regular office hours. (516) ?~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: Aug 3, 'i990 James E. Fitzgerald, Jr,/l~oper-T Service: Petitioner for Owners 'Names: Irene R. Miller Post Office Address P.O. Box 617 Cutchogue, NY 11935 Tel. No. (516) 734-5800 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ PROOF OF MAltING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 861 031 336 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDEO NOT F0e INTERNATIONAL MAIL (See Reverse) s~kel M. Haddad s~]%"~ ew Drive P i State and ZIP Code ~econic, NY 11958 Postage $ CorlNied Fee · ~ Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and date Delivered Return Receipt show.~ to whom, Date and AddEe~ b? ~ry 4r · STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: James E. ?itzgerald, Jr. , residing at 385 Haywaters Drive Cutchogue~ NY 11935 , being duly sworn, deposes and says that on the 3rd day of August ,19 90 , 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 roll of the Town of Southold; that said Notices were mailed at the United States Post Of- flceat Cutchogu% NY 11935 (certified) ~r~xl~U) mail. Sworn to before me this day of.~. /~/q ,J & ~" ,19 I Notary Public ;that said Notices were ch of said persons by JANE R. MINERVA NOTARY PURLiC, State of New Yo~k Nc 4555~,08, Suffolk County Comrmss~on Expires February lB, 19.~J (This side does not have to be completed on form transmitted to adjoining property owners.) SUFFOLK COUNTY DEPARTMENT OF HEALTH CERVICES FOR APPROVAL OF CONSTRUCTION ONLY DATE HS REP. NO APPROVED SURVEY OF PROPERTY A T PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000 - 68 - 03 - 10 Scale 1" = 30' ~' '- NIO/F 4' / 4, '~ ( vAcANT CERTIFIED TO ~ IRENE R. MILLER Dec. 19, 1988 july 2'4, 1990(revised) ~4~'' ~,/~/~--~*K~-~' ~ NOTE ' Con/our lines ore referenced I,o ~ ~U~UM  Topographical Map of The Five Eastern N LAKE / N/O/F RONA~D RO33~vMAN ~ , ~aa AREA = 42,930sq. ft . ~,.?~:/~Y.$. LIC. NO. 4 or 0.9855acres ~~ TO TIE LINE ~'~'"-'----~~ ELEVATiONSAREREFEREN~EDTON'V'G'D" $OUTNOLD, N~1197~ HADDAD ',88- 737'