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HomeMy WebLinkAbout3844 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DtNIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appeal No. 3844: Application for DR. IRA WECHTERMAN for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239d (now 100-239.4) and Article IIIA, Section 100-30A.3 (Article III, Section 100-32 as Disapproved on March 9, 1989) for permission to construct deck addition with an insufficient setback from the rear property line and an insufficient setback from the existing concrete block retaining wall along Eugene's (East) Creek. Lot area is nonconforming at approximately 8,200 sq. ft. in this R-40 Zone District. Location of Property: 630 Oak Street, Cutchogue, NY; County Tax Map District 1000, Section 136, Block 1, Lot 42.1 (includes 41 and 42); Subdivision of Eugene Heights), Lot Nos. 28, 29 and half of 27. WHEREAS, a public hearing was held on June 29, 1989 under Appeal No. 3844; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the easterly side of Oak Street in the Hamlet of Cutchogue, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 136, Block 1, Lot 42.1. 2. The subject premises: (a) is improved with a single-family, one-and-one-half story framed dwelling, as shown on survey dated February 18, Page 2 - Appl. No. 3844 Matter of DR. IRA WEC~TERF~%N Decision Rendered June 29, 1989 1988 prepared by William R. si~ons, Jr. submitted under this application; (b) is known to be nonconforming as to lot area, lot width, lot depth, rear yard setback, setback from bulkhead, and northerly side yard setback, in this R-40 Zone District. 3. By this application, appellant requests variances for permission to construct an open deck addition at the rear of the existing dwelling 4. Article XXIV, Section 100-244 of the Zoning Code requires a minimum rear yard setback to be at least 35 feet, which is a reduction of the usual 50-ft. rear-yard requirement for conforming lots in the R-40 Zone District. 5. In considering this application, the Board also finds and determines: (a) the nonconformities of the land and building in question lend to the within practical difficulties; (b) the difficulties cannot be obviated by some method feasible for appellant to pursue other than a variance; (c) the location of the deck as requested will not be adverse to the essential character of the neighborhood; (d) the variance 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 carefully considering the entire record and all the above factors, as well as viewing the general character of the neighborhood, it is within the best interests of justice to grant the variance, as applied and further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief requested under Appeal No. 3845 in the Matter of DR. IRA WECHTERMAN for the location of Page 3 - Appl. No. 3844 Matter of DR. IRA WECHTERMAN Decision Rendered June 29, 1989 an open deck addition at the rear of existing dwelling, SUBJECT TO: 1. The provision that the deck remain open, unroofed and unenclosed at all times (as proposed herein); 2. The recommendation that the deck be constructed as applied within the boundaries of the concrete-block retaining wall, and that safety measures be taken as recommended by the Building Inspector for appropriate railing, etc; 3. That any and all lighting be shielded to the property without adversity to nearby properties. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki, and Dinizio. This resolution was unanimously adopted. lk GERARD P. GOEHRINGER, CHAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE 7//5/~ HOUR J'' ~?~- Town C~l~k, Town of Southold APPEALS BOARD MEMBERS GERARD P. GOFHRINGER- CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD, STATE ROAD 25 P.O~ BOX 1179 SOUTHOLD, I_.l., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, JUNE 29, 1989, at the following times: 7:30 p.m. Appl. No. 3841 - GERARD W. GAUGHRAN. Variance to the Zoning Ordinance, Article VII, Section 100-72 (Article III, Section 100-31 under the previous zoning code) for permission to construct addition(s) to existing single-family dwelling structure with an insufficient rear yard setback from the northerly property line. Lot area of premises is nonconforming at 25,634 sq. ft. in this R-0 Zone District. Location of Property: 49925 Main Road, Southold, NY; County Tax Map No. 1000-70-5-2. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 7:35 p.m. Appt. No. 3850. ROBERT GABRIEL. Variance to the Zoning Ordinance, Article III, Section 100-32 and Section 100-13, as Disapproved, for permission to construct new dwelling upon Lot 91 in this Subdivision known as "Map of Richard J. Cron," County Clerk's Map No. 7975, filed 9-30-85, said lot having an insufficient width at the proposed building setback line. Property location: West Side of Aldrich Lane, Laurel; County Tax Map District 1000, Section 125, Block 2, Lot 1.14. 7:40 p.m. Appl. No. 3848 - CINDY RUGGLES. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 (Article IIIA, Section i00-30A.3, as disapproved) for permission to construct deck addition with an insufficient rearyard setback. Lot area is nonconforming at approximately 13,300 sq. ft. in this R-40 Zone District. Property location: 1150 Nakomis Road, Southold; County Tax Map District 1000, Section 78, Block 3, Lot 15. Page 3 - Notice of Hearings Southold Town Board Of Appeals Regular Meeting of June 29, 1989 //~: 45 p.m. Appl. No. 3844 - DR. AND MRS. IRA WECHTERMAN. Variances to the Zoning Ordinance, Article XXIII, Section 100-239d, and Article IIIA, Section 100-30A.3 (Article III, Section 100-32 as Disapproved on March 9, 1989) for permission to construct deck addition with an insufficient setback from the rear property line and an insufficient setback from the existing concrete block retaining wall along Eugene's (East) Creek. Lot area is nonconforming at approximately 8,200 sq. ft. in this R-40 Zone District. Property location: 630 Oak Street, Cutchogue, NY; County Tax Map District 1000, Section 136, Block 1, Lot 42.1 (includes 41 Heights, Lot Nos. 28, 29 7:50 p.m. Appl. & 42); Subdivision Map of Eugene and half of 27. No. 3845 - PHILEMON AND BARBARA DtCKERSON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, and Article IIIA, Section 100-30A.4 IArticle III, Section 100-31 as Disapproved March 2, 1989) for permission to construct accessory storage building in an area other than the required rear yard. Lot area is nonconforming at Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 approximately 16,800 sq. ft. in this R-40 Zone District. Property location: 3220 Delmar Drive, Laurel, NY; Laurel Country Estates Lot 936; County Tax Map District 1000, Section 125, Block 4, Lot 14. 7:55 p.m. Appl. No. 3838 - JOSEPH D. CAVANAGH and DAVID CICHANOWICZ. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article IIIA, Section 100-30A.3 (Article III, Section 100-31 as Disapproved), for permission to locate proposed new dwelling with an insufficient front yard setback from the northerly property line and with an insufficient rear yard setback from the southerly property line. Lot area is nonconforming at 8,417 sq. ft. in this R-40 Zone District. Property location: 1375 Private Road 1-A (said lot extending 1333.97 feet from the north side of North Bayview Road), Southold, NY; County Tax Map District 1000, Section 77, Block 3, Lot 18. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 8:00 p.m. Appl. No. 3847 - JOHN R. AND JEAN P. EDLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 for permission to locate accessory building in an area other than the required rear yard. Property location: 3030 Cleaves Point Road, East Marion, NY; County Tax Map District 1000, Section 38, Block 2, Lot 32; Marion Manor Subdivision Lot No. 4. 8:05 p.m. Appl. No. 3846 - CHESTER AND JOYCE SKWARA. Variances to the Zoning Ordinance, Article III, Section 100-32 for approval of insufficient lot area of proposediParcels No. 1 and No. 2. Lot area is nonconforming in this R-80 Zone District at 76,970 sq. ft. Property location: North side of Wells Road, Peconic, NY; County Tax Map District 1000, Section 86, Block 1, Lot 14. 8:10 p.m. Appl. No. 3843 - ADAM ASSOCIATES. Variance to the Zoning Ordinance, Article VIII, Section 100-82 for approval of insufficient lot area and width of proposed Lot No. 4 (which is located in the LB Zone District) as shown on the subdivision map pending before the Southold Town Planning Board. Property location: North Side of C.R. 48, Mattituck, NY; County Tax Map District 1000, Section 113, Block 12, Lot 10. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 8:15 p.m. Appi. No. 3840 ESTATE OF JENNIE HARRIS. Variances to the Zoning Ordinance, Article XIV, Section 100-142 (Article III, Section 100-31 as Disapproved) for approval of insufficient lot area and width of two proposed parcels, each with an existing dwelling. Zone District: Light Industrial (LI). NY; (t8). Property location: North Side of C.R. 48, Cutchogue, County Tax Map District 1000, Section 96, Block 1, Lot 18.1 8:20 p.m. Appl. No. 3855 - BARBARA BRUCH. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d for permission to locate new dwelling structure with an insufficient setback from existing concrete seawall along Arshamomaque Pond. Property location: 80 Beverly Road, Southold, NY; County Tax Map District 1000, Section 52, Block 2, Lot 39. 8:25 p.m. Appl. NOo 3856 - JOHN A~D MARIAN BOPP. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 for permission to construct deck addition with an insufficient rearyard setback. Lot area is nonconforming at approximately 13,500 sq. ft. in this RO Zone District. Property location: Page 7 -Notice of ~earings Southold Town Board of Appeals Regular Meeting of June 29, 1989 West side of Maple Street, Mattituck, NY; County Tax Map District 1000, Section 140, Block 3, Lot 24. 8:30 p.m. Appl. No. 386~- HAROLD AND HATTIE STETLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30Ao4 for permission to locate accessory building in an area other than the required rear yard. Property location: 670 Wiggins Lane, Greenport, NY; County Tax Map District 1000, Section 35, Block 4, 28.7. 8:40 p.m. Appl. No. 3808 - GUNTER MORCHEL. Variances to the Zoning Ordinance, Article X, Section 100-102 for permission to construct addition with an insufficient rearyard setback and lot coverage in excess of maximum limit of 30% (as disapproved), Article XXIV, Section 100-244B, and Article XXIV, Section 100-242(A) concerning extension of nonconforming side and front yard setbacks. Lot area is nonconforming at approximately 9961 sq. ft. in this General Business (B) Zone District. Property location: Corner of the South Side of the Main Road and the East Side of Sigsbee Road, Mattituck, NY; County Tax Map District 1000, Section i43, Block 2, Lot 1 (or 1 and 30). Page 8 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 8:45 p.m. Appl. No. 3797 - FISHERS ISLAND UTILITY COMPANY, INC. Conclusion of written portion of hearing, rescind prior resolution rendered February 9, 1989, and commence deliberations concerning a Variance to the Zoning Ordinance, Article III, Section 100-32 (previously i00-31) for approval of insufficient area of two proposed parcels in this pending division of land. Property location: West Side of Crescent Avenue and the North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.4. 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: June 14, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TO~VN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .--~.? .~..9! 1 ..................... - ...... . .v~...,~...~..,~_,...,a..~. ~ ~ ~ ~T ......... for pemit to ~ ~ ~'~' .~~ ................... ] ' at ~cation of Property ~ ~o ¢~ ~ ..... ~~~ ..... County Tax Map No. 1000 Section .... ~ ~ ~ ..... Block ... ~]2 ....... Lot .. ~ ........ Subdivision ................. Filed Map No ................. Lot No .................. ~. ~ .~...%...v.~ .~:.?.~..~..e~,.~¢~. ~ .... .~.~..,..,.~.~. ~. ~....~.~.&.~.. ~.. ....... ....... ............ . ......................... .......................... C~' ,3~,~... ........................ RV 1/80 TOW SOUT#C % APPEAL FROM DECISION OF BUILDING INSP[:'IC~'I~R. 1989 TO THE ZONING BOARD OF APPEALS, TOW~S'E/~JTI~OT.I~;'r~.. Y. James E. Fitzgerald, Jr./Proper-T Services Name of Appellant Street and Number ........ ..C..U.~..C.,~.,,O.G.O..~..~...~...1..?.,?.~5. ................................................................... HEREBY APPEAL TO Municipality Store THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ......]~....R..0...~....?.~.....1.~..8.~ ................... 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 ....6..~.O....9.A..~,...S.?,.I...q.U.?...C..~...O.?T.-g,.~, ................. .~...-.,4:.O. .................... Street /Hamlet / Use District on Zoning Map ~D.~!s.t..r..i..c.~t.~.~.~.~.~s.e.c.t.~!.~..n.~]~.3.~.~.~!~.~c.~.k~]~.L..~..t.~.4.~!~/~rrent Owner IRA WEOMrpERMAN Map No, Lot No. Prior Owner SARA LUNDBERG 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 III Section 100-32 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 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (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 Appeal No ................................. Dated ...................................................................... ) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,srequested forthe reason that the addition of an open deck to the residence existing on the property will provide the opportunity for greatly added enjoyment of the property by the owner, his family, and his guests. ~'onn ZB1 (Continue on other side REASON FOR APPEAL Continued 1. STRICT APPLICATION OF ~ ,T~I, E O~R~INI~,I;4CE would produce practical difficulties or unneces- sary HARDSHIP because it would preclude the construction of the deck since minimum rear~ ya~r~ ~et;b, ac.,k,~requirements could not be met. 2, The hardshipcreated is UNIQUEand isnotshared by all properties alike in the immediate vicinity ofthisproperty and in this use district because the eon£iguration of the prop- erty and its topographical characteristics, together with the size, configuration, and location of existing structures (the house and the retaining wall), and the design and floor plan of the house sug- gest the proposed deck design and construction as the most practical method of insuring the best use of the property. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the addition of the deck is in keeping the customary uses of property in the Tow~ and in the immediate area, both from the standpoint of the actual use and from the stand- point of design, construction, and aesthetic appeal. STATE OF NEW YORK COUNTY 0 ) Sworn to this .............................................. day OF SOUTHOLD I~OPERTY RE'~RD ]~A"D ~ OWNER STREET VILLAGE FORMER OWNER N S FARM E W DISTRICT SUB. ACREAGE TYPE OF BUILDING COMM. lIND. ICB. IMiSC. LAND IMP. TOTAL DATE AGE NEM/ NORMAL Farm Acre Tillable 1 Tilloble 2 Tillable 3 BUILDING CONDITION REMARKS BELOW ABOVE FRONTAGE ON WATER Value Per Acre Value FRONTAGE ON ROAD BULKHEAD DOCK Woodland Swampland B rushld~d ' House Plot Total M. Bldg. I Bath ~ X ~ ~ ~"'~ ~ Foundation ~_~,~ , __ Extension ] Floors Extension Extension !!-ee?ewoy r~,~ge Basement Ext. Walls Fire Place Porch Interior Finish JRoof Type IRooms 1st Floor Porch Patio Rooms 2nd Floor Dormer Driveway ,., ,/ RECORD~ SCALE 1" = SUFFOLK CO. TAX MAP DATA:~ DIST. /~)~3(:~ , SEC. BEE. 0/. 0C) LOTS , TOWN OF , CO. CLK. NO. , SUFFOLK COUNTY N.Y. OR'SETS FROM STRUCTURES TO RELATIVE BOUNDRY UNES, ON SURVEY, ARE FOR A SPECIFIC USE ONLY, AND SHOULD NOT BE USED FOR CONSTRUCTION OF FENCES OR OTHER STRUCTURES. 95 '--/' SURVEYED /'T-.~--~ /"~:~ 19(:~Y FILE NO. WILLIAM R. SIMMONS JR. P/O BOX 377 JAMESPORT, L.I., N.Y. 11947 PAGE ~ GRID TRANSCRIPT OF HEARING JUNE 29, 1989 MEETING SOUTHOLD TOWN BOARD OF APPEALS Appeal No. 3844 - DR. AND MRS. IRA WECHTERMAN. Variances to the Zoning Ordinance, Article XXIII, Section 100-239d, and Article IIIA, Section 100-30A.3 (Article III, Section 100-32 as Disapproved on March 9, 1989) for permission to construct deck addition with an insufficient setback from the rear property line and an insufficient setback from the existing concrete block retaining wall along Eugene's (East) Creek. Lot area is nonconforming at approximately 8,200 sq. ft. in this R-40 Zone District. Property location: 630 Oak Street, Cutchogue, NY; County Tax Map District 1000, Section 136, Block 1, Lot 42.1 (includes 41 and 42); Subdivision Map of Eugene Heights, Lot Nos. 28, 29 and half of 27. P~esent were: Chairman Gerard P. Goehringer, Serge Doyen, Jr., Charles Grigonis, Jr., Joseph H. Sawicki, and James Dinizio, Jr., constituting the full membership of the Board of Appeals. Also present were: Board Secretary Linda Kowalski and approximately 20-25 persons in the audience at this time. The Chairman opened the hearing at 7:53 p.m. and read the notice of hearing and appeal application for the record. CHAIRMAN GOEHRINGER: I have a photocopy of a survey indicating an existing house, penned-in proposed deck and showing the beach area and some of the concrete block wall. The applicant chooses by this survey sketch to bring the deck up to the cement block wall, which we will construe to be something similar to a retaining wall or a bulkhead. The deck is approximately 17 feet in depth from the house at its closest point on the north- east property side and approximately ten feet at its closest point on the south side. And I have a copy of the Suffolk County Tax Map showing this and surrounding properties in the area. Is there somebody that would like to be heard? Page 2 Transcript of Hearing Appeal No. 3844 - WECHTERMAN Board of Appeals June 29, 1989 JIM FITZGERALD: Yes, Hi. Jim Fitzerald for Wechtermans. I think the deck location and size is reasonable for the property, for the circumstances and to get more enjoyment out of the house. It is not unlike other structures and uses in the area. CHAIRMAN: The deck itself will be approximately level with the steps coming out of the house of the first floor. MR. FITZGERALD: Yes. CHAIRMAN: Will it be elevated above--will it be filled in in any way underneath? Will there be any crosshatching in any way? MR. FITZGERALD: That hadn't been planned. No. An access would haye to be provided. There is a cellar under the sun room which'/ th6 creek, and there's access from the outside. faces CHAIRMAN: Ok. How close would you be penetrating the walls? Would you be going right adjacent to the walls with the normal poles that you propose? ~MR, FITZGERALD: Posts? Yes. CHAIRMAN: In no way are you going to disturb these w-- MR FITZGERALD: Only in that there's a stairway leading down from the upper grade to the lower grade, through the wall, and we intend to fill that in. Because it is under the area where the deck could go. CHAIRMAN: So that little cut in the wall will be filled in? ~R~ FITZGERALD: That's correct. CHAIRMAN: Ok. We thank you. We'll see what else develops. CHAIRMAN: Is there anyone else wishing to speak in favor of this application? Anybody like to speak against the application? Any questions from Board Members? MEMBER DINIZIO: I just wanted to ask him about the stairway-- it's proximity to the highwater line. That's not a problem as far as the Town Code is concerned? Page 3 - Transcript of Hearing Appeal No. 3844 - WECHTERMAN Board of Appeals - June 29, 1989 CHAIRMAN: I don't understand the question -- MEMBER DINIZIO: The stairway is on the other side of the, what I construe to be, retaining wall, and as far as I could see when I made the inspections, no other structure there goes beyond that retaining wall, and I was wondering what the Town Code is concerning this structure being so close to this highwater mark? MR. FITZGERALD: We have permits from both the Trustees and the D.E.C. MEMBER DINIZIO: That's for the walkway. MR. FITZGERALD: For the whole project. MEMBER DINIZIO: Oh, ok. For the stairway. So no one really-- MR. FITZGERALD: Essentially that same submission was made to all the agencies involved. MEMBER DINIZIO: From what I understood was the walkway that the Trustees w~re concerned with. I didn't realize the deck was also-- MR. FITZGERALD: The Trustees permit specifically lists the deck. MEMBER DINIZIO: Oh, ok. CHAIRMAN: Maybe to answer your question-- the stairway that you're going to be placing into the deck--the new proposed deck is basically a wooden stairway--is that correct? So it will be hanging off the deck, sort of speak. MR. FITZGERALD: No, there are posts that will go down to the sand, but it will-- the stairway will be entirely beyond on the seaward side on the retaining wall. CHAIRMAN: Ok. And in no way will that disrupt the sea wall in any way? MR. FITZGERALD: It will not be attached to it. CHAIRMAN: It will actually be suspended over the top of it. Thank you. Does that kind of answer your question? Page 4 - Transcript of Hearing Appeal No. 3844 - WECHTERMAN Board of Appeals - June 29, 1989 MEMBER DI~ISIO: I had no objection to it, I just wanted to make it clear in my mind. CHAIRMAN: Do you want to think about it a little bit until -- M_EM.BER DINIZIO: No. CHAIRMAN: We can do that. We could wait till later. MEMBER DINIZIO: No. I have no more questions on it. I have no objections to it. CHAIRMAN: I'll make the motion granting this application with basically two restrictions. One that the deck remain open at all times and unroofed, and two, if there is any lighting (overhead), that it be shielded to the property so as not to cause a problem with surrounding neighbors. And I'll offer that as a resolution. MEMBER DINIZIO: I'll second it. Ail in favor? Ayes: Ail. Respectfully submitted, Linda F. Kowalski DEPARTMENT OF PLANNING COUNTY OF SUFFOLK SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H, KUNZ DIRECTOR OF PLANNING July 14, 1989 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) ~r. & Mrs. Ira Wechterman Barbara Bruch John & Marian Bopp 3844 3855 3856 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAl. HIGHWAY HAUPPAUGE. L-I.. NEW YORK I 178R (516) 360-5192 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN RE}AD- STATE RE}AD 25 SnUTHE}LD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 to Article XIII of the Suffolk County Charter, the the Town of Southold, New York, hereby refers to the Suffolk County Planning Commission: from the Zoning Code, ArticleXXII~ SectionlOO-239d " IIIA " 100-30A.3 from Determination of South~ld Town Building Inspector Pursuant Board of Appeals of the following Variance Variance Special Special Exception, Article Permit , Section Appeal No.: 3844Applicant: Dr. & Mrs. Ira Wechterman Location of Affected Land: 630 Oak St., Cutchogue, NY County Tax Map Item No.: 1000-136-1-42.1 (Incl. 41 & Within 500 feet of: Town or Village Boundary Line X Body of Water (Bay, Sound or Estuary) - State or County Road, Parkway, Highway, Thruway Boundary of Existing or .__. Boundary of Existing or Other Recreation Area 41) Proposed County, State or Federally Owned Land Proposed County, State or Federal Park or or COMMENTS: 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. Applicant is requesting permission to construct deck addition wits insufficient setback rear property line and existing concrete block retaining wall. Copies of Town file and related documents enclosed for your review. Dated.: 7//~/89 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 July 10, 1989 Mr. James E. Fitzgerald, Proper-T Services P.O. Box 617 Cutchogue, NY 11935 Jr. Re: Appeal No. 3844 - Dr. Ira Wechterman (Variances) Dear Mr. Fitzgerald: Transmitted for your records is a copy of the June 29, 1989 determination rendered by the Board of Appeals concerning your application. Please be sure to follow-up with the Building Department for further processing of your pending application. Copies of our decision are simultaneously being 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: Building Inspectors' Office Suffolk County Planning Commission JANI ES A. SCHONDEBARE TOWN ATTORNEY ROBERT H. BERNTSSON ASSISTANT TOWN A~FORNEY OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD NOTICE Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1939 PLEASE BE ADVISED DUE TO TWO LAWSUITS AGAINST THE TOWN OF SOUTHOLD, BROUGHT COLLECTIVELY BY THE NORTH FORK ENVIRONMENTAL COUNCIL, LEAGUE OF WOMEN VOTERS, SOUTHOLD~2000 AND MESSRS. WEISMANN AND FLYNN, THAT ANY PERMIT, APPROVAL OR ANY OTHER ACTION TAKEN PURSUANT TO CHAPTER 100 OF THE CODE OF THE TOWN OF SOUTHOLD, ZONING, MAY BE INVALIDATED BY THE COURT; PROCEED AT YOUR OWN RISK. /OLO# 1000-136-1--41/43 'To C)~3~t'T'g. ~eoRe- ?18188 - 7132/88. J. E. ~-]-~,,~;~,~D, .,~. Southold Town Board of Appeals IVlAIN EOAD- STATE EOAD ~5 ~BOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD June 29, 1989 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S .E · Q. R .A. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICK~ JAMES DINIZIO, JR. Notice of Determination of Non-SignificancP APPEAL NO.: 3844 PROJECT NAME: Dr. Ira Wechterman 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. This board determines the within project not to ha~e a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or simil&r project. TYPE OF ACTION: DESCRIPTION OF ACTION: and insufficient rearyard [X] Type II [ ] Unlisted Construct deckaddition within [ ] 75' Df existing bulkhead LOCATION OF PROJECT: Town of Southold, County of. Suffolk. more particularly knQwn as: 630 Oak Street, ..Cqtchogue. - 136-1-42.1 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA. FOR FURTIIER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. ' ' Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. tr JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: April 17, 1989 Transmitted herewith is Zoning Appeal NO. 3844 , application of Ira Wechterman (By James E. Fitzgerald, Jr.) for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; Idtter relative to NYS Tidal Wetlands I_and Use; Notice of: Dlsapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk Proper-T Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935 (516) 734 - 5800 Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: AJp_plication for Variance for Dr. Ira Wechterman Dear Sir: Attached are the documents prepared in support of the appli- cation for a variance and appeal from the decision of the Building Inspector for the construction of a deck on the property of Dr. Ira Wechterman, located at 630 Oak Street, Cutchogue. Proper-T Services represents Dr. Wechterman in this matter, and a letter of authorization is attached. If you need more call me. Attachments: Application Fee (check, Letter of Authorization Application (3 copies) Notice to Adjacent Short EAF Vicinity Map Tax Map ZBA Questionnaire Copy of Deed Notice of Disapproval Project Plan Drawing Survey of Property Project Site Photos Trustees Permit Approval DEC Permit (copy) information or have any questions, please ~ ¥~r s tru~, (/ .~-~, S~5o) Property Owners (Bldg Dept) (copy) a subsidiary of THE PECONIC EASTERN CORPORATION k ead Cutchogue Harbor 6 Sheet of September 30, 2988 FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH TELEPHONE (516) 765-1892 BOARD OF TOWN TRUS~'EES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 March 30, 1989 Proper-T Services PO Box 617 Cutchogue, N.Y. 11935 Re: Application No. 11-88-136-1-41/42- Ira Wechterman Dear Mr. Fitzgerald: The following action was taken by the Board of Town Trustees during their regular meeting held on February 28 , 1989 regarding the above matter: WHEREAS, Proper-T Services on behalf of Ira Wechterman applied to the SouthOld Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated November 18, 1988, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on February 28, 1989 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE BE IT RESOLVED that PROPER-T SERVICES ON BEHALF OF IRA WECHTERMAN BE AND HEREBY IS GRANTED PERMISSION UNDER THE WETLAND ORDINANCE TO: Construct wooden deck attached to house, extend line of retaining wall, construct 3' x 34' walkway, 3' x 12' ramp, 4' x 12' floating dock, install piles to secure floating dock on property located at 630 Oak Street, Cutchogue, N.Y. This permit will expire two years from the date it is signed if work has not commenced by said date. Fees must be paid and permit issued within six months of the date of this notification? Two inspections are required and the Trustees are to be notified upon completion of said project. Please take notice that this declaratlon should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. Permit will be issued upon payment of the following fees: 93.00 walkway 4' x 31' (below MHWM) 36.00 ramp 3' x 12' 48.00 floating dock 4' x 12' 350.00 14 pilings 10.00 wetland Inspection fee 537.00 Total fees due Very truly yours,. Frank A. Kujawski, Jr. President Board of Town Trustees FAK: jas cc: Bldg. Dept. Conservation Advisory Council file OLC PERt~IT NUMBJR ~ 10--88--2103 N/A Article 15, Title 3; 6NYCRR 327, 328, 329: Aquatic Pesticides Article 15, Title 5: Protection of Water Article 15, Title 15: Water Supply Adicle 15, Title 15: Water Transport -- Adicle 15, Title 15: Long Island Wells I Adicle 15, Title 27: __ Wild, Scenic and Recreational Rivers PERMIT Under the Environmental Conservation Law [~"-1 6NYCRR 608: Water 0uality Certification [~---J Article 17, Titles 7, 8:SPDES Freshwater Wetlands N--New, R--Renewal, M--Modification, C--Construct (*only), O-Operate (*only) Article 19: Air Pollution Control* Article 23, Title 27: Mined Land Reclamation EFFEC~'IVE DATE 2~27~89 1/31/92 Article 25: Tidal Wetlands Article 27, Title 7; 6NYCRR 360: Solid Waste Management* Article 27, Titte 9; 6NYCRR 373: Hazardous Waste Management Article 34: Coastal Erosion Management Adicie 36: Floodplain Management Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control P[RMII ISSUED TO Dr. Ira Wechterman 3 Uva Way, Pt. Jefferson, NY 11777 Proper-T-Services, P.O. Box 617, Cutchogue, NY 11935 JTELEPHONE NUMBER 516-734-5800 630 Oak St., Cutchogue SCTM No. LOC~TiONOFPROIECT/FaCILITY COUNTY TOWN/CITY.ILL^CE UTMCOORDINATES East Creek Suffolk Southold 1000-136-1-41/42 DESCRIPTION OF ALqHORIZED ACTI%IT¥ Construction of wooden deck, between existing home and retaining wall. Construction of 34'x3' wooden walkway, hinged ramp (12'x3') and 12'x4' float. Two piles will be installed to secure float. Ail work shall be in accordance With the attached NYSDEC approved plans. GENERAL CONDITIONS By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compli- ance with the ECL, all applicable regulations and the conditions specitied herein or attached hereto. m n must be*nw tn and a ach~ hereto ~U~TOR~ PERMIT ISSUANCE DATE J PERM~ A~NIS~ATOR J DO ESS ~, jJ Christine J. Costopoulos J ~IATE UNBERRITY OP ~ TORE 2/27/89 3 cc: B~P 95-20~ (lm61- 2sc ADDITION,AL GENERAL CONDITIONS 10 That if future operations by the State of New York require an al- -teration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State. the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill. excavation, or other modification of the watercourse hereby authorized shall not be com- pleted, the owners, shall, without expense to the State. and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 11: That the State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 12 Granting of this permit does not relieve the applicant of the responsi- bility of obtaining any other permission, consent or approval from the U.S. Army Corps of Engineers, U.S. Coast Guard, New York State Office of Genera[ Services or Iocat government which may he required. 13 All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any FOR~FICLES 15 (Title Si, 24, 25, 34, 36 and6 NYCRR other environmentaUy deleterious materials associated with the project 14 Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway 15 There shall be no unreasonable interference with navigation by the work herein authorized. 16 If upon the'expiration or revocation of this permit, the proiect hereby authorized has not been completed, the applicant shall, without expense to the State. and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration 17 If granted under Article 36. this permit does not signify in any way that the project will be free from flooding. 18 If granted under 6 NYCRR Part 608, the NYS Department of Fnviron- mental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301. 302, 303. 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 19. Ali activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved ptans were prepared by Proper-T-Service sheets ], 2, 3 on 9/30/89 SPECIAL CONDITIONS Any debris or excess material from construction of 'this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands. There shall be no disturbance to vegetated tidal wetlands as a result of the permitted activity. Dock or timber catwalk shall not be greater than 4' in width and be a minimum of 4' above grade* over vegetated tidal wetlands (* distance is measured from ground to bottom of dock sheathing). No permanent structures may be built on dock without first obtaining Department approval. 5. No dredging is permitted as part of this permit. Supplementary Special Conditions (A) thru (J) attached. DEC PERMIT NUMBER ]0-88-2 ]03 PROGRA/vtffACILITY NUMBER N/A Page 2 of 3 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time ~~ in ~..~ event ...... ~ ~ qU .... O..S b~o~.~ up during th= same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Page 9 - Mailing List of Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 14, 1989 Copies to the following on or about June 15, 1989: Suffolk Times, Inc. (Personal Delivery) L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board (East Hall) ZBA Board Members (with copies of files) ZBA Individual Files Mr. William Conway, as Agent for Gerard Gaughran, P.O. Box 1902, Southold, NY 11971 Mr. Robert Gabriel, 12 Harrison Avenue, Bellport, NY 11713 Mr. and Mrs. Mitchell Ruggles, 1150 Nakomis Road, Southold 11971 ~-~r. James Fitzgerald, Box 617, Cutchogue, NY 11935 (pers. del.) Mr. and Mrs. Philemon Dickerson, 3220 Delmar Dr, Laurel 11948 Michael Hall, Esq. for Cavanagh and Cichanowicz Youngs Avenue, Southold, NY 11971 Rev. and Mrs. John R. Edler, 3030 Cleaves Point Road, East Marion, NY 11939 Karen Hagen, Esq. for: (a) Chester and Joyee Skwara and (b) Estate of Jennie Harris WW & B, Box 1424, Main Road, Mattituck, NY 11952 Lynne M. Gordon, Esq. for Adam Associates Scheinberg, Schneps, DePetris & DePetris One Union Square, Aquebogue, NY 11931 Gardiner's Bay Construction Co., Box 443, Peconic, Ny 11958-0443 for Barbara E. Bruch Mr. and Mrs. John J. Bopp, 175 Maple Avenue, Box 403, Mattituck, NY 11952 Mr. Gunter Morchel, Box 1216, Route 25, Mattituck, NY 11952 Mrs. Dorian Harkoff, Wells Road, Mattituck (as requested) Richard F. Lark, Esq. for Fishers Island Utility Co. Box 973, Main Road, Cutchogue, NY 11935 3 Uva Way Port Jefferson, New York 11777 April 7, t989 Chairman Southold Town Board of Appeals Town of $outhold 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 a permit applica- tion for the construction of a deck attached to the house, and a docking facility on my property located at 630 Oak Street, Cutchogue, and designated by Suffolk County Tax Map No. 1000- 136-1-41/42, and to furnish, upon request, supplemental information in support of the application. IPROJEC~ NUMBER ~17,21 Appendix C StBte Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART I--PROJECT INFORMATION (1'o be completed by Applicant or Project Iponsor) I. APPLICANT /~PONSOR I 2. PROJECT NAME James E. Fitzgerald, Jr. Construct deck and docking facility 3 PROJEC'~ LOCATION Mu.,c~p..,y Cutchogue Cou.ty Suffolk See attached maps. Street address: 630 Oak Street, Cutchogue 5 IS PROPOSED ACTION: ~ New [] Explnslon [] Modification/alteration 6 DESCRIBE PROJECT BRIEFLY: Construct wood deck attached to house extending to line of retaining wall; construct walkway 34' x 3', hinged ramp 12' x 3', and floating dock 12' x 4'; install two piles to secure dock 7. AMOUNT OF LAND AFFECTED: Deck: 625 sf Walkway: 102 sf Initially acres Ultimately Icres 8 WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] NO If NO, describe briefly 9 WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residentia~ [] Industrial [] Commercial [] Agriculture [] park/Forest/Open ap.lee [] Other Describe: Medium-sized private residences; area zoned A-Residential 10 DOES ACT'ON INVOLVE A PERMIT APPROVAL, OR FUND'NG. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (F£DERAL. STATE OR LOCAL)? ~] Yes [] No II yes, list agency(s) and perrnitlapptovals Southold Board of Tow~ Trustees; NYSDEC; US Army Corps of Engineers; NYS Coastat Management 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] NO Il yes list agency name and bermitlapproval 12 AS A RESULT OF PROPOSED ACTION WiLL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [~ No , CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO ~_HiE BEBT OF MY KNOWLEDGE James E~Fit. zgerald, .Jr. (Proper T Services) /~or ow~a Wecht~ Dete~ Nov 18, 1988 // - . / .lt/~he action is .in th~Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this. assessmem OVER 1 The N.Y.S. Environmental Quality Review Act regulres submission before any action is taken. INSTRUCTIONS: (a) in order to answer the questions in this short EAF it is assu~e~ 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 Envirorunental Assessment Form is necessary. (c} If all questions have been answered No it is likely that the project is not signLficant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than l0 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. Wili-~o~ct 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 ~ 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 ~ No 7. Will project result in a major adverse effect on air quality? Yes ~ No 8. Will project have a major effect on visual char- known to be important to the,community? Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological' importance or any site designated as a critical env~rcnmental area by a local agency? Yes ~ No 10. Will project have a major effect on existing or future recreational opportunities? Yes ~ No 11. Will project result in major traffic problems or 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes ~ No 13. Will project have any impact on public health or safety? Yes 14. Will project affect the existing community by directlF causing a growth in permanent popula- tion of more than 5 percent over a one-year __Yes ~ ~o period o~r have a ma]or negative effect on the character Of the community or neighborhood? ' 15. _IS t~ere p~c con/~v~y concerni~ the ,/// ___,e, QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~TTH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed applfcation forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? 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? If project is proposed for an accessory building or structure, i~ total height at more than 18 feet above average ground' level? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground-~l? State total: ft. Are there other premises under your ownership abuttin~ this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit % and Nature: Yes Yes No No Yes No ~ Yes Yes ~ Yes ~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): 10. Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other ~. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from cdntract) 11. 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? Yes Yes No Yes <~ o Yes Yes ) /~ No 13. Please list present use or operations conducted upon the subject property at this time .~U~t~ W6~1~&t~ and proposed ~,~ Please submit photographs for the record. I certify that th~abcve statements are true and are being submitted for ~lrelian~-~ the ~/~d~of~A~pe~ll in considering my application. Signat}~ - - /Authorized Agent) f.~;.,.x 617, Cutch.gue, NY 11935 /// ~/ ~' / -- Phone: (516) 734-5800 1/88 -- ' ' ' WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No 6-1985]. A. TIDAL WETLANDS: (I) All lands generally covered or ietermit~,ntly cov- ered with, or which bord~w on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal stets toa max mum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swaml~s, meadows, flats or ether Iow lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh : subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall eordgrass, high bush, cattails, groundsel, marshmallow and Iow march eordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection Al2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FREStIWATER WETLANI)S: (1) 'Freshwater wet ands" as defined in Article 2,1, Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the Stat~ of New York; and (2) All land immediately adjacent to a "freshxvater xvct- land," as defined in Subsection Il(l) and lying with- m seventy-five (75) feet landward of the most land- ward edge of a fieshwater wetland." 9705 · , .... (~) COUNTY OF SUFFOLK t~~OUTHOI-o I ~c, COUNTY OF Stl~"~'v ---- ~ ' ~'ropedy Tax Service A- - ..... ~'~-- ' ~ REV. TERRENCE L. ~B~, re~ 6t Cutchogu~, New York. 11935, ~u ~f SA~A LUfl~B~R~. Conservatee. pursuant Court, Nassau County. dated ~ce~er 4, 1~87 psflya~ther~Jufl, m~ IRA ~ECHT£I~qeAN and H[~L[34i~' JfF_~NTJ;RJqAN, his ILfa, residing at ~ Uve Way, Port Jefferson, New York %1777 Village of Cutchogue, ?o~a o£ ~outhol~J, Co~ty of t ~uffolk and State of Ney York, which on I certain l~p entitled, ~ j 'Mdp of guqene Heights, owned by Jacob F. Bo~lts' %1 klto~t~ in~ ...... designated as and by the ~ortherly half of lot no. 27 ~n4 all oS lot nos. 28 and 29, -" .... '~' COUNTY OF SUFFOLK Properly Tax Service Agency~~ B R-80 R-80 ,/ W~ckham *'~, N~W SUFFOL~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ot the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT Mr. Frank L. RoesslP~OPERTY OWNER 70 Oak Street Northport, NY 11768 Ms. Emily Jensen RR1 Box 360 Cutchogue, NY 11935 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to requesta (Variance) (Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: 630 Oak Street, CutchoKue 3. That the property which is the subiect of such Petition is located in the following zoning district: 4 That by such Petition, the undersigned will request the following relief: Permi~ioH to o. on- struct an open wooden deck attached to the house and extending to the line of the retaining wall~, as shown in the attached drawing; relief re- quested is to construct with less than required rear yard setback. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-32 [ ] Section 280-A, New York Town Law for approval of access over ri§ht(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine the same during regular office hours~ (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such bearing 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: A?R'rL 17, 1989 James E. Fitzgerald~ Jr./Proper-T Servic Petitioner for 0whets'Names: Dr, Ira Wechterman Post Office Address P.O. Box 617 Tel. No. (516)734-5800 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECE'IPTS ADDRESS P 823 959 948 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) sen'~RANK ROESSLE Stree~d ~AK STREET ~°N~[~)~I~¢, NY 11768 Cedifi~d Fee ~%~ Special Dehvery Fee ~O whom and Date Dehvered Return Receipt showmng to whom P 823 959 949 R£~BPT FO~ C£RT.=I£O ~A~L NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) s~°'~MI LY JENSEN s""~{~9 N~BOX 360 Po~%~, NY 11935 Special DeRvery Fee Restricted Dehvery Fee STATE OF NEW YORK ) COUNTY OF SUFFOLK) 55.: J~mes E. Fitzgerald~ Jr. , residing at 385 Haywaters Drive Cutchogue, NY 11935 , being duly sworn, deposes and says that on the 17thday of April ,19 89 , 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- rice at Cutchogue, NY (certified) ( ~_a?Jme~'zlT, m a il. ; that said Notices were mailed/~"ff~/ac said persons by (This side does not have to be completed on form transmitted to adjoining property owners,) NOTICE IS HEREBY GIVEN, pu~nt to S~t~on 26'7 of tl~ Town Law and the Code of tho Term of Smshold, the feEowln~ hc~fings will be held by the sOUTItOLD TOWN BOARD OF APPEALS at a Regular bi, lng, st ~ So~hold TO~m Hell, Main Red, So,held. NY 11971, on THURSDAY, JUNE 29. 1989, at the foBowln8 limes: '/:30 p~n. Appl. Nb 3~41 - GER- AND W. GAuGHP. AN. Vari~ce ~o Ihe Zonln~ O~dlnance. Article .VII. Section 100-72 (Article I~ Section 100-31 under the p~vious ~on~ng code) for peri, isa!on to construct ~tidon(O to ~son8 dw~lln8 s~cu~ with. an. cleat rear yard ictbtcz irorn use no, body prepet~ llne. Lo~ ama of promises is neucoofmmtn8 at 25.634 sq. ft. tn this R-O Zone District. Location of property: 49925 Main Road, Sonthold, NY; County Tax Map No. 1000-'/0-5-2. '7:35 p.m. Appl. No. 3850. ROBERT GABRIEL. Variance to the Zonin80rdinauce, Attlcle IH, Sec- ~ 100-32 and Section 100-13, as this Subdivision knovm as map Ric~rd I. Cron." County Cle/k's blap Nb 79'75, fried 9-30-85. s'id having an insufficient width at the en~ locstkm: We. at Side of Aldrich Ls~e, l~a~l; County TOx MaP DIS' ~ict 1000, Section 125, Blod~ 2, L~ 1.14. '7:40 p.m. Appl. No. 3848 - CINDY RUGOLES. Vadance to the Zonln8 Ordinance. A~icle XXIV, Sectim 100.244 (Article IliA, S~- llon 100-30A-3, as disal~) f~ penni.ion to conmuct deck ,ddition with an insufficient sea,yard se0~ck. imstely 13,300 sq. fc in this ~ ~one District. Property location: 1150 Nakorais Road. Sonthold; tinn '75, Blo~k 3. Lot 15. _ '7:45 p.m. Appl. No+ 3844 - DR. ~'AND MRS. IRA WEC1Tr~O4AN. V~rianeea to the Ze~tn80~ttnLan~ Article XHA, Section 100-30A.3 (A~ic2e IH, $ec~on 100-32 as Di~ap- proved on March 9, 1989) for pe~isslon to con~mct de~k ~di~on with an insufu~nt sctb~ck from the ~a~ ~,,~av line and an inmfficlent ~'f~n ~ ~i~in8 block n~ining wall aim8 Euganes 1(Eut) Greek. Lct atan is noncon- erty location;' 630 Oak Street, CctchoBue, NY; Cotmty T~x Map I~imict 1000. Section 136, Block 1, Il.ct 4~.I (~.lu~.s 41 & 42); Sulgi-~ vision Map of ~8~c Hc~hu, ~) Nm. ~,29 a~ ~ of ~. 7:50 p.m. A~L ~o. 3845~ PHIL~ON AND BARBARA DI~ON. Va~n~ ~ ~ ~' 1~-244, ~d A~cle ~. Sec~ 1~30A.4 (A~e ~ ~m 1~ 31 as ~a~ ~ 2' 1989) nonco~fo~a a~ appron~a~Y D5ve, ~u~l, ~; ~u~ Esu~ ~ ~3~ ~n~ T~ Map ~ 14. ~:55 p.m. AppL No. 3838 - ~OSEPH D. CAVANAGH and DAV~ ~CH~O~ Va~c~ to thc ~n~n$ O~inance, A~clc ~V. ~i~ 1~-244 ~d A~inle ~iss~ ~ I~ p~S~ new dwcH~g wi~ ~ insuffiel~t front ct8.41~ s~ - ~ ~cc ~ 1~i~: 13~5 ~v~ E~ I-A (ui~ 1~ ~d~g 1333.~ f~t rrm ~e ~ side of N~ 9ayview Roa~, Son.old, to the ~n~ng Ordinance, A~cle ~A, ~ 1~30A.4 f~ ~s- s~ to 1~2 a~SO~ ~d~g yard+ Prope~y l~ation: 3030 ~eaves Po~t R~, East ~ 38, BI~ ~ ~ 3~ ~ Su~ivhi~ ~ N~ 4. 8;05 p.m. Appl. No. 3846 ~ ~ IOY~ SKW~. Anicla ~, ~ 100-3~ f~ ap- a~ is n~f~g ~ ~ R-~ eR~ l~tion: No~ sloe et R~. ~i~ ~; ~ T~ Map ~stfim l~, S~ 86, BI~ l, ~14. ~:10 p.m. AppL No. 3843 - ADAM A~~' Va~ to ~ 1~82 f~ a~ of ~of' fici~t lm a~ ~d wid~ of cie XIV, S~ti~ 1~-142 (Ani~ f~ a~ ~ ~t ~ ~ ~ t~o ~o~s~ pn~s. D~a: ~ ~d~ c~ I~i~: N~ Si~ of Cutch~ue, NY; Co~ty T~ Map ~ 1~, ~ 96, B~k 1, rATE OF NEW YORK} )UNTY OF SUFFOLK) of Mattituck~ in · ' -- principal dd County, being duly sworn~ says that he/she is lerk of THE SUFFOLK TIMES, n weekly Newspaper, dblished at Mottltuok, in tho Town o! Southold, County of e isaprint~41COp~,lm~u~""~*- -"-- weok - once eacn lid Newspaper . "e '~ day of ~©cessivoly, oommanclng on ~- ~- principal Clerk L~ IS.1 8:20 p.m. AppL No. 3855 - BAR- BARA BRUCH. Variance to the Zoning Ordinance, Article Section 100.2Bgd for permission to an tnsuffici~t _*_~h,ck from cxisttng maquc pond. Pre~Y location: 80 Bev~dy Ro~d, Semhold, NY; Coon- ty Tax Map District 1000, Section 52, Block 2, L~ 39. 8.25 t~m. Ap~l. No. 3856 - JOHN AND MARIAN BOPP. Variance to the Zoning Ozdin~cc, ABide XXlV, Scction 100.244 for ponnission to construct deck addition with an mately 13,500 sq. ~ in this RO ~one NOrI'ICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, JUNE 29, 1989, at the following times: 7:30 p.m. Appl. No. 3841- GERARD W. GAUGHRAN. Variance to the Zoning Ordi- nance, Article VII, Section 100-72 (Article III, Section 100-31 under the previous zon- ing code) for permission to con- struct addition(s) to existing single.family dwelling structure with an insufficient rear yard setback from the northerly pro- perty line. Lot area of premises is nonconforming at 25,634 sq. ft. in this R-0 Zone District. Location of Property: 49925 Main Road, Southold, NY; County Tax Map No. 1000-70- 5-2. 7:35 P.M. Appl. No. 3850. ROBERT GABRIEL. Variance to the Zoning Ordinance, Arti- cle III, Section 100-32 and Sec- tion 100-13, as Disapproved, for permission to construct new dwelling upon LOt #1 in this Subdivision known as "Map of Richard J. Cron," County Clerk's Map No. 7975, filed 9/30/85, said lot having an insufficient width at the propos- ed building setback line. Pro- perty location: West Side of Aldrich Lane, Laurel; County · LX Map District 1000, Section 125, Block 2, Lot 1.14. 7:40 p.m. Appl. No. 3848-- CINDY RUGGLES. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 (Article IliA, Section 100-30A.3, as dis- approved) for permission to construct deck addition with an insufficient rearyard setback. Lot area is nonconforming at approximately 13,300 sq. ft. in this R-40 Zone District. Proper- ty location: 1150 Nakomis Road, Southold; County Tax Map Dis- trict 1000, Section 78, Block ~ LOt 15. ~' 7:45 p.m. Appl. No. 3844-- DR. AND MRS. IRA WECH- TERMAN. Variances to the Zoning Ordinance, Article ~ XXIII, Section 100-239d, and Article IliA, Section 100-30A.3 (Article III, Section 100-32 as Disapproved on March 9, 1989) for permission to construct deck addition with an insufficient set- back from the rear property line and an insufficient setback from the existing concrete block re-.j raining wall along Eugene.~ "(East) Creek. Lot area is non- "conforming at approximately, 8,200 ~. ft. in this R-40 Zone DisL Property location: 630 Oak Street, Cutchogue, NY; County Tax Map District 1000,! ,~ Section 136, Block 1, LOt 42.1 ! (includes 41 & 42); Subdivision of Eugene Heights, Lot Nos. 28, 29 and half of 27. 7:50 p.m. Appl. No 3845--~ ,,..PHILEMON AND BARBARA DICKERSON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, and Ar- ticle IIIA, Section 100-30A.4 (Article III, Section 100-31 as Disapproved March 2, 1989) for permission to construct acces- sory storage building in an area other than the required rear yard. Lot area is nonconforming at approximately 16,800 sq. ft. in this R-40 Zone District. Pro- perty location: 3220 Delmar Drive, Laurel, NY; Laurel Coun- try Estates Lot #36; County Tax Map District 1000, Section 125, Block 4, Lot 14. 7:55 p.m. Appl. No. 3838-- JOSEPH D. CAVANAGH and DAVID C1CHANOWICZ. Variance to the Zoning Ordi- nance, Article XXIV, Section 100-244 and Article IIIA, Sec- tion 100-30A.3 (Article III, Sec- tion 100-31 as Disapproved), for permission to locate proposed new dwelling with an insuffi- cient front yard setback from the northerly property line and with an insufficient rear yard setback from the southerly pro- perty line. Lot area is noncon- forming at 8,417 sq. ft. in this R-40 Zone District. Property location: 1375 Private Road 1-A (said lot extending 1333.97 feet from the north side of North Bayview Road), Southold, NY; County Tax Map District 1000, Section 77, Block 3, LOt 18. 8:00 p.m. Appl. No. 3847-- JOHN R. AND JEAN P. ED- LER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 for permission to locate accessory building in an area other than the required rear yard. Property location: 3030 Cleaves Point Road, East Marion, NY; County Tax Map District 1000, Section 38, Block 2, Lot 32; Marion Manor Sub- division LOt No. 4. 8:05 p.m. Appl. No. 3846-- CHESTER AND JOYCE SKWARA. Variances to the Zoning Ordinance, Article III, Section 100-32 for approval of insufficient lot area of propos- ed Parcels No. I and No. 2. Lot area is nonconforming in this R-80 Zone District at 76,970 sq. ft. Property location: North side of Wells Road, Peconic, NY; County Tax Map District 1000, Section 86, Block 1, Lot 14. 8:10 p.m. Appl. No. 3843-- ADAM ASSOCLt ~. Vari- ance to the Zoning ~,fdinance, Article VIII, Section 100-82 for approval of insufficient lot area and width of proposed Lot No. 4 (which is located in the LB Zone District) as shown on the subdivision map pending before the Southold Town Planning Board. Property location: North Side of C.R. 48, Mattituck, NY; County Tax Map District 1000, Section 113, Block 12, Lot 10. 8:15 p.m, Appl. No. 3840-- ESTATE OF JENNIE HAR- RIS. Variances to the Zoning Ordinance, Article XIV, Section 100-142 (Article III, Section 100-31 as Disapproved) for ap- proval of insufficient lot area and width of two proposed par- cels, each with an existing dv~ll- ins. Zone District: Light Indus- trial (LI). Property location: North Side of C.R. 48, Cutch- ogue, NY; County ~ Map Dis- trict 1000, Section 96, Block 1, Lot 18.1 (18). 8:20 p.m. Appl. No. 3855-- BARBARA BRUCH. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100-239d for permission to locate new dwell- ins structure with an insufficient setback from existing concrete seawall along Arshamomaque Pond. Property location: 80 Beverly Road, Southold, NY; County Tax Map District 1000, Section 52, Block 2, Lot 39. 8:25 p.m. Appl. No. 3856-- JOHN AND MARIAN BOPP. Variance to the Zoning Ordi- nance, Article XXIV, Section 100-244 for permission to con- struct deck addition with an in- sufficient rearyard setback. Lot area is nonconforming at ap- proximately 13,500 sq. ft. in this RO Zone District. Property location: West side of Maple Street, Mattituck, NY; County Tax Map District 1000, Section 140, Block 3, Lot 24. 8:30 p.m. Appl. No. 3862-- HAROLD AND HATTIE STETLER. Variance to the Zon- ing Ordinance, Article IIIA, Section 100-30A.4 for permis- sion to locate accessory building in an area other than the re- qnired rear yard. Property loca- tion: 670 Wiggins Lane, Green- port, NY; County ~ Map Dis- trict 1000, Section 35, Block 4, 28.7. 8:40 p.m. AppL No. 3808-- GUNTHER MORCHEL. Variances to the Zoning Ordi- nance, Article X, Section 100-102 for permission to con- struct addition with an insuffi- cient rearyard setback and lot coverage in excess Of maximum limit of 30% (as disapproved), Article XXIV, Section 100-244B, and Article XXIV, Section 100-242(A) concerning exten~ sion of nonconforming side and front yard ~etbacks. Lot area is nonconforming at approximate- ly 9961 sq. ft. in tlfis General Business (B) Zone District. Pro- perry location: Corner of the South Side of the M~n Road and the East Side of Sigsbee Road, Mattituck, NY; County · ax Map District 1000, Section 143, Block 2, Lot I (or 1 and 30). 8:45 p.m. AppL No. 3797-- FISHERS ISLAND UTILITY COMPANY, INC. Con~luxion of written portion of hearing, rescind prior resolution rendes- ed February 9, 1989, and corn; mence deliberations concerning a Variance to the Zoning Ordi- nanea, Article III, Section 100-32 (previously 100-31) for approval of insufficient ama of two proposed parcels in this pending division of land. Pro- perty location: West Side of C~scent Avenue and the North Side of Central Avenue, Fishers Island, NY: County ~ Map District 1000, Section 6, Block 6, LOt 20.4. The Board of Appeals will at said time and place hear any and all persons or representatives de- siring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time al- lotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: 3une 14, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalskl IX, 6/22/89 (1) 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 ........... .c~..~.. ....... da~ ..... _~9 . .0~... ~ Sworn to before me this ............ ~ ..... day of Notary Public BARBARA A. $CHNEIOE)) NOTARY PUBUC, State of New Yl~k No. 4800846 Commil~ion ~