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Home My WebLink About3860 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZlO, 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 Appl. NO. 3860 Matter of DR. PAUL AND ELLEN MITCHELL. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, and 280-A Access for Right of Way, for permission to construct a single family dwelling with insufficient front Yard setback in this R-40 Zone District. Property Location: 1015 Munn Lane, Orient, County Tax Map No. 1000, Section 017, Block 02, Lot 08. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of DR. AND ELLEN MITCHELL, under Appeal No. 3860; and PAUL WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Main Road 25, Town of Orient, and is identified on the Suffolk County Tax Maps as District 1000, Section 017, Block 02, Lot 08. 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30A.3, 280-A Access of Right-of-Way, for permission to construct a one family dwelling, with insufficient front yard setbacks. Page 2 - Appl. No. 3860 Matter of Dr. Paul and Ellen Mitchell Decision rendered October 12, 1989 3. Article III A, Section 100-30A.3, no building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations wee set forth herein in full. (A) 280-A Access of Right-of Way. 4. Subject premises for the proposed dwelling is known and referred to as being on 1,3756 Acres, the proposed house, with decks and catwalk will be 5,890+- sq. ft., the proposed location of the house will be 40+- ft. away from the west Property line, 15+- ft. from the north property line, 115+- ft. from the south property line, and 165+- ft. from the high water mark. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed one family dwelling in any other location on the premises will require other variance relief; (c) that the area chose for the dwelling is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, Seconded by Mr. Grigonis, it was Page 3 - Appl. No. 3860 Matter of Dr. Paul and Ellen Mitchell Decision rendered October 12, 1989 RESOLVED, to GRANT a Variance in the matter of the application of DR. PAUL AND ELLEN MITCHELL as applied under Appeal No. 3860 for the placement of a one family dwelling with setback and a 280-A access Right-of-Way, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That within the findings of the Board that it is our understanding that the Department of Environmental Conservation (DEC) and the Town Trustees are dealing with the erosioD control aspects of this construction, and we suggest that all possible precautions be used in the construction of this one family dwelling. A. Setback for the one family dwelling as shown on Site Plan, By Garrett A. Strang, Dated 3/28/89 B. It is understood that the erosion control aspects of this project have been mandated by the other agencies of the Town and the State, however, it is the suggestion of this Board that a retaining wall may be deemed necessary on the side of the proposed dwelling that is closest to the property line (15') sideyard, and that the distance of this wall not exceed the distance of the dwelling. 2. 280-A, Access be granted from the unpaved access to the edge of the property line, a distance of approximately (525'+-), subject to the following improvements: (a) after construction a minimum of 2 inch 3/4 stone blend at a minimum width of eight feet and a suggested width of ten feet, after completion it is to be inspected by Members of the Zoning Board before a certificate of Occupancy (C.O.) is granted for the property. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio (Absent was, Joseph Sawicki and Serge Doyen, Fishers Island). This resolution was duly adopted. df RECEIVED AND FILED BY THE SOUTHOLD TOWN DATE l t-~-~ HOUR ~a: '~ewn Clerk, Town of Southold GERARD P. GOEHRINGER, CHAIPaWLkN APPEALS BOARD MEMBERS GERARD P. GOENRINGER, CHAIRMAN CHARLES GRIGONiS..IR. SERGE DOYEN, JR, JOSEPH H. SAWlCKI JAMES DINIZI0, 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 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, SEPTEMBER 21, 1989, at the following times: 7:30 p.m. Appl. No. 3861 - SOUTHOLD FREE LIBRARY. Variance to the Zoning Ordinance, Article IX, Section 100-102, as Disapproved, (nonconforming Bulk area and parking requirements of the Hamlet Business District) Proposed construction will have insufficient total side yard setbacks. Property Location: 53705 Main Road, Southold; County Tax Map No. 1000, Section 61, Block 1, Lot 14. ?age 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 7:35 p.m. Appl. No. 3859 - EMANUEL PIPERAKIS AND DIMITRIOS AGRIROPOULOUS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d (A) (1), as disapproved, for permission to construct and inground pool with deck and fence, within 100 feet from Sound in this R-40 Zone District. Property Location: 3410 North Sea Drive, Orient; County Tax Map No. 1000, Section 15, Block 1, Lot 3. 7:40 p.m. Appl. No. 3798 - ELIZABETH McCANCE. Variance to the Zoning Ordinance, Article I, Section 106-20 (Article III Section 100-31 as Disapproved) for approval of insufficient area in this pending division of land.of property, (R-80 Zone District. ) Property Location: Mansion House Drive, Fishers Island; County Tax Map District 1000, Section 06, Block 05, Lot 3-5.1. .Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 7:45 p.m. Appl. No. 3863 - NICHOLAS TSIRKA$. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct a one family dwelling with an insufficient 40' frontyard setback in this R-40 Zone District. Property Location 2700 Sound Avenue, Greenport, County Tax Map District 1000, Section 033, Block 01, Lot 11. 7:50 p.m. Appl. No. 3827 - EDWIN KINSCHERF. Variance to the Zoning Ordinance, Article I, Section 106-20, (Article III, Section 100-31, as disapproved), for approval of insufficient areas in this pending subdivision Property Location: 350 Wood Lane, Block 04, Lot 29-30-35. (R-40 Zone District.) Greenport, Section 043, page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 7:55 p.m. Appl. No. 3864 - LOEPOLD STERN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disapproved), for permission to construct a one family dwelling with an insufficient rearyard setback, approximately 75 feet from the bulkhead in this R-40 Zone District. Property Location: 1390 Bayview Drive, East Marion, County Tax Map District 1000, Section 37, Block 5, Lot 22. 8:00 p.m. Appl. No. 3865 - CHARLES AND CAROL BURST. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct addition with insufficient side and rearyard setbacks in this R-40 Zone District. Property Location: 705 Windy Point Road, County Tax Map District 1000, Section 87, Block 4, Lot 6. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:05 p.m. Appl. No. 3866 - HENRY AKBEENY. Variance to the Zoning Ordinance, Article VIII, Section 100-82, as disapproved, for approval of insufficient area in this pending subdivision, (Light Business Zoning District (LB), Property Location: Route 48, Kenny's Road, Southold, County Tax Map District 1000, Section 059, Block 07, Lot 31. 8:10 p.m. Appl. No. 3849 - CIPITELLI BROS. REALTY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, A (1), as disapproved, for permission to construct a one family dwelling with a insufficient setback and within 100 feet from Long Island Sound in this R-40 Zone District. Location of Property: 90 Petty's Drive, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 24. ~ge 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:15 p.m. Appl. No. 3852 - RICHARD DiBLASI. Variance to the Zoning Ordinance, Article III, Section 100-30A3, as disapproved, for permission to construct open deck in front yard, nonconforming with bulk area and parking regulations in this R-40 Zone District. Property Location: 360 Bayview Drive, East Marion, County Tax Map No. 1000, Section 037, Block 04, Lot 01. 8:20 p.m. Appl. No. 3852 - ELLIOT PASKOFF. Variance to the Zoning Ordinance, Article III A, Section 100-30A.3, IArticle XXIII, Section 100-231 (A), as disapproved) for permission to construct an attached deck with insufficient side yard and accessory fence than required 4 Zone District. NY, County Tax Map No. (trellis) in front yard at the height of more feet. Lot area is nonconforming in this R-40 Property Location 205 North Sea Drive, Southold, 1000, Section 54, Block 4, Lot 4. Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:25 p.m. Appl. No. 3854 - NANCY STEIN. Variance to the Zoning Ordinance, Article III, Section 100-119.2. (Article I, Section 97-12C, as disapproved) for permission to construct a deck addition within 75 feet of water or wetlands. Zoning District R-40. Property Location: 2535 Cedar Lane, East Marion; County Tax Map No. 1000, Section 037, Block 04, Lot 10. 8:30 p.m. Appl. No. 3857 - MICHAEL TOFFALIS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244. As disapproved, for permission to construct a deck addition, insufficient rear yard setback for nonconforming lot in a R-40 Zone District. Property Location: Mattituck, County Tax Map No. 1000, Lot 028. 50 Captain Kidd Drive, Section 106, Block 03, page 8 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:35 p.m. Appl. No. 3858 - BERNARD COSIMANO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disapproved) for permission to construct a deck addition within 75 feet of bulkhead. Construction has insufficient total side yard setbacks in this R-40 Zone District. Property Location: Watersedge Way, Southold, County Tax Map No. 1000, Section 88, Block 5, Lot 63. 8:40 p.m. Appl. No. 3542 - CLIFFSIDE (TIDE MARK). Variance to the Zoning Ordinance, Article V, Section 100-50B Special Exception, (Article XIII, as disapproved) for permission to construct 76 Motel Units in this Resort/ Residential (RR) Zone District. Property Location: 61475 County 48, Greenport, County Tax Map No. 1000, Section 0451 Block 01, Lot 01. .Page 9 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:45 p.m. Appl. No. 3770 - PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100-121C - 122, (Section 100-239D, as disapproved) for permission to construct Boat Storage Building with insufficient setbacks and excessive lot coverage in this Marine II (M-II) Zoning District. Property Location: Main Road, Southold, County tax Map No. 1000, Section 056, Block 04, 06, Lot 10.1, 11, 12.2, 3.2, 3.3, 4, 6.1. 8:50 p.m. Appl. No. 3842 - CRESCENT BEACH CONDOS. Variance to the Zoning Ordinance. Article XXVII, Section 100-271, as disapproved, for permission to enclose decks or patios of units to be enclosed with glass windows with insufficient setbacks. Property Location: End of Maple Lane, East Marion, in this Resort/Residential (RR) Zone District, County Map No. 1000, Section 38, Block 7, Lot 21 units. ~age 10 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:55 p.m. Appl. No. 3860 - DR. PAUL MITCHELL. Variance to the Zoning Ordinance, Article III A, Section 100-30A-3, as disapproved, for approval to construct a single family dwelling with insufficient front yard setback in this R-40 Zone District. Property Location 1015 Munn Lane, Orient, County Tax Map District 1000, Section 017, Block 02, Lot 08. 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 your presentation will be available, if needed. For more information, please call 765-1809. Dated September 1, 1989. BY OPJ)ER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERAI{D P. GOEHRINGER CHAIRMAN By Doreen Ferwerda FORM NO. 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · ..~?.~.!.q~ .......... · .~~,~. ~:~.... I ~. ~.'~/ ...... PLEASE TAKE NOTICE that your application dated..· ... ~ .d4-o~..~.; .......... 19 .~'..~ . for permit to '~'~' ' ~' '~~-~ ~ ............ at Location of Property ./.~ .1.~.. ~... ~..- . .~~ ~o~ ~o. st/o3i ........... County Tax Map No. 1000 Section .... ~ ~ .~ ..... Block .... ~. ~ ..... Lot .. ~.~. ....... Subdivision ................. Filed Map No ................. Lot ~ ............ ~... i, ~m~a ~er~witn ~n~ ai~pp~ov~ o~ th~ ro,owm gro~a~ ~.. W~... ~.7.~. ........ .................... ..2 ................ ................. Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. ~ Name of Appellant Street and Number Southold N.Y. ................................................................................................................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED Jane 8,1989 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Garrett A. Strang for Mitchell Name of Applicant for permit of 54655 Main Rd. Box 1412 Southold, N.Y. 11971 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to Construct Single Family Residence & Catwalk I LOCATION OF THE PROPERTY 1 Q 1 ~ Munn Road Or ient Street /Hamlet / Use District on Zoning Mop DJstrJct 1000 Section 17B]ock 2 Lot. 8 .................................................................................. Current Owner Mitchell Map No. Lot No. Prior 0wne~ Dorman 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 A Section 100-30A - 3 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x) A VARIANCE to the Zoning Ordinance or Zoning Map (X) 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 (1~ (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 o variance and waS made in Appeal No ................................. Dated ...................................................................... X) X) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested for the reason that J'°rm ~'~! (Continue on other sid&) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce pr~tical difficulties or unn~s- sary HARDSHIP becau~ It would prohibit my client from constructing a single family residence similar to those existing on neighboring properties. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the majority of the surrounding properties are developed with Principal Dwellings and accessory structures and enjoy the use of an existing common right-of-way. My client has deeded rights to travel over the same right-of-way. In addition my clients' property is required to have two (2) front yards in addition to the required setback from Long Island Sound. This condition is not shared by all properties in the immediate vicinity. 3 The Var,once would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because as previously noted, the majority of the surrounding properties are developed with improvements compatible and comparable to that proposed in this application. STATE OF NEW YORK ) COUNTY Of, ~c ) ss Signature ................................................................................. I¢OTA ~ PUBLIC. St~ of New Notary Public Ne. 470787B, Suff01k ~'eunty ~. / Te~ Expires M~rch 30, ].g OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT ~"D IMP. TOTAL DATE REMARKS ' ~ /~ AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value Tillable 1 Tillable 2 Tillable ~3 Wcodland Swampland Brushland House Plot Tara I GARRETT A. STRANG ARCHITECT MAIN ROAD, P. O. BOX 1412 SOUTHOLD, NEW YORK 11971 March 4, 1992 Mr. Gerald Goehringer, Chairman Town of Southold Zoning Board of Appeals Main Road Southold, New York 11971 Re: Mitchell Residence, Orient, New York ZBA 93868, Decision of October 12, 1989 Dear Mr. Goehringer and Members of the Board: Please be advised that all work in connection with 280A have been com- pleted in connection with the above referenced matter. I respectfully request that the Board perform its final inspection, so that the Certificate of Occupancy can be issued. Thank you for your courtesy and cooperation in this matter. Very truly yours, B/ ~arch 4I ~4AIN ROAD, P. O. BOX 1412 SOUTHOLD, NEW YORK 11971 1992 Mr. Gerald Goehringer, Chairman Town of Southold Zoning Board of Appeals Main Road Southold, New York 11971 Re: Mitchell Residence, Orient, New York ZBA 93860, Decision of October 12, 1989 Dear Mr. Goehringer and Members of the Board: Please be advised that all work in connection with 280A have been pleted in connection with the above referenced matter. I respectfully request that the Board perform its final inspection, that the Certificate of Occupancy can be issued. Thank you for your courtesy and cooperation in this matter. Very truly yours, com- so B/ Garrett A. Strang /Architect,~-- DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5513 ARTHUR H. KUNZ DIRECTOR OF PLANNING November 29, 1989 Town of Southold Zoning Board of Appeals Applicant: Paul & Ellen Mitchell Mun. File No.: #3860 S.C.P.D. File No.: SD-89-22 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 appropriate mitigating measures will be setforth to minimize environmental impacts. Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals APPEALS BOARD = MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article III~ Section 100-30A.3 and 280-A Variance Inspector Special from Determination of South~ld Exception, Article , Section Town'Building Special Permit Appeal No.:3860 .Applicant: Paul and Ellen Mitchell Location of Affected Land: 1.015 Munn Lane, Orient, NY County Tax Map Item No.: 1000- 17-2-8 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owned Land State or Federal Park or Existing or Proposed Right-of Way of Any Stream or Drainage Owned by the County or for Which The County Has Established Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to dwelling with an insufficient front yard setback Channel Channel construct a single family' Copies of Town file and related documents er~closed for your review. Dated: November 28, 1989 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOERRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. JOSEPH R. SAWICKI JAMES DtNIZI0, JR. November 27, 1989 Mr. Garrett Strang 54655 Main Road P.O. Box 1412 Southold, NY 11971 Re: Appl. No. 3860 - Dr. Paul and Ellen Mitchell (Variance) Dear Mr. Strang: Transmitted for your records is a copy of determination rendered by the Board of Appeals application. the recent concerning your Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before commencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors' County Planning Office ~3UNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ...................... /. · · · weeks successive[y, commencing on the ...... /..Y/~' ' Sworn to before me this ..................... day of ............. ~, 19. Notary Public BARBARA I. SCHNEIDER NOTARY PUBLIC, State of New York ~o. 4806846 Ql~alified in Suffolk Cou~tty Commission Expiros ~/~ ~/5',, NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant io 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, SEPTEMBER 21, 1989, at the following times: 7:30 p.m. Appl. No. 3861-- SOUTHOLD FREE LIBRARY. Variance to the Zoning Or- dinance, Article IX, Section 100-102, as Disapproved, (non- conforming Bulk anm and park- ing requirements of the Hamlet Business District). ~ Proposed construction will have insuffi-'. cient total side yard setbacks.. Property Location: 53705 Main Road, Southold; County Map No. 1000, Section 61, BlockL ¢;. App,. No. 3859Z EMANUEL PIPERAKIS AND DIMITRIOS AGR1ROPOU- IX)US. Variance to the Zoning Ordinance, Article XXIlI, Sec- tion 100-239d (A) (1), as disap- proved, for permission to con- struct an inground pool with deck and fence, wi~thin 100 feet from Sound in this R-40 Zone District. Property Location: 3410 North Sea Drive, Orient; County 21cx Map No. 1000, SechO tion 15, Block 1, Lot 3. ' 7:40 p.m. Appl. No. 3798-- ELIZABETH McCANCE. Var- lance to the Zoning Ordinance, Article I, Section 106-20 (Arti- cle Ill Section 100-31 as Disap- proved) for approval of insuffi- cient area in this pending divi- sion of land of property, (R-80 Zone District.) Property Loca- tion: Mansion House Drive, Fhbers Island; County Tax Map District 1000, Section 06, Block 05, Lot 3-5.1. 7:45 p.m. Appl. No. 3863-- NICHOLAS TSIRKAS. Vari- ance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct a one family dwell- ing with an insufficient 40' frontyard setback in this R-40 Zone District. Property Loca- tion: 2700 Sound Avenue, Greenport, County Lax Map District 1000, Section 033, Block 01, Lot 11. 7:50 p.m. Appl. No. 3827-- EDWIN ~i~ISCHERE Vari- ance to t~ning Ordinance, · Article I, S'~tion 106-20, (Arti- cie Ill, Section 100-31, as disap- proved), for approval of insuf- ficient areas in this pending sub- division (R-40 Zone District.) Property Location: 350 Wood Lane, Greenport, Section 043, Block.04, Lot 29-30-35. 7:55 p.m. Appl. No. 3864-- LOEPOLD STERN. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disapproved), for permission to construct a one family dwell- ing with an insufficient rearyard setback, approximately 75 feet from the bulkhead in this R-40 Zone District. Property Loca- tion: 1390 Bayview Drive, East Marion, County Lax Map Dis- trict 1000, Section 37, Block 5, Lot 22. 8:00 p.m. Appl. No. 3865-- CHARLES AND CAROL BURST. Variance to the Zoning Ordinance, Article III A, Sec. tion 100-30 A.3, as disapproved, for permission to construct addition with insufficient side and rearyard setbacks in thisl~° R-40 Zone District. Property Location: 705 Windy Point Road, County ~ Map District 1000, Section 87, Block 4, Lot 6. 8:05 p.m. Appl. No. 3866-- HENRY ARBEENY. Variance to the Zoning Ordinance, Arti- cle VIII, Section 100-82, as dis- approved, for approval of insufficient area in this pending subdivision, (Light Business Zoning District {LB), Property Location: Route 48, Kenny's Road, Southold, County Lax Map District 1000, Section 059, Block 07, Lot 31. 8:10 p.m. Appl. No. 3849~ CIPITELLI BROS REALTY. Variance to the Zoning Ordi- nance, Article XXIII, Section 100-239d, A (1), as disapproved, for permission to construct a one family dwelling with an in- sufficient setback and within 100 feet from Long Island Sound in this R-40 Zone District. Location of Property: 90 Petty's Drive, Orient, Coun- ty Lax Map No. 1000, Section 14, Block 2, Lot 24. 8:15 p.m. Appl. No. 3852-- RICHARD DiBLASI. Variance to the Zoning Ordinance, Arti- cle III, Section 100-30A3, as dis- approved, for permission to construct open deck in front yard, nonconforming with bulk area and parking regulations in this R-40 Zone District. Proper- ty Location: 360 Bayview Drive, East Marion, County Tax Map No. 1000, Section 037, Block 04, Lot 01. t~.~ 8:20 p.m. Appl. No. 3852-- ELLIOT PASKOFF. V~nce to the Zoning Ordinani~.rticle III A, Section 100-30A.3, (Ar- ticle XXIII, Section 100-231 (A), as disapproved), for permission to construct an attached deck with insufficient side yard and accessory fence (trellis) in front yard at the height of more than required 4 feet. Lot area is non- conforming in this R-,10 Zone District. Property Location: 205 North Sea Drive, Southold, NY, County Tax Map No. 1000, Sec- tion 54, Block 4, Lot 4. 8:25 p.m. Appl. No. 3854~- NANCY STEIN. Variance to the Zoning Ordinance, Article III, Section 100-119.2. (Article I, Section 97-12C, as disapnrovedl for permission to construct a deck addition within 75 feet of water or wetlands. Zoning Dis- trict R-40. Property Location: 2535 Cedar Lane, East Marion; County ~x Map No. 1000, SeC- tion 037, Block 04, Lot 10. ' 8:30 p.m. AppL No. 3857-- MICHAEL TOFFALIS. Vail- Article XXlV, As disapproved, for permission to construct a deck addition, insufficient rear yard setback for nonconforming lot in an R-40 Zone District. Property Loca- tion: 50 Captain Kidd Drive, Mattituck, County Tax Map 1000, Section 106, Block 03, Lot 028. 8:35 p.m. Appl. No. 3858-- BERNARD COSIMANO. Vari- ance to the Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disapproved) for permission to construct a deck addition within 75 feet of bulkhead. Construction has insufficient total side yard set- backs in this R~O Zone District. Property Location: Watersedge Way, Southold, County Tax Map No. 1000, Section 88, Block 5, LOt 63. 8:40 p.m. Appl. No. 3542-~'s** CLIFFSIDE (TIDE MARK). Variance to the Zoning Or- dinance, Article V, Section 100-50B Special Exception, (At- ticle XIII, as disapproved) for permission to construct 76 motel Units in this Resort/Residential (RR) Zone District. Property Location: 61475 County 48, Greenport, County Lax Map No. 1000, Section 045, Block 01, Lot 01. 8:45 p.m. Appl. No. 3770-- PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 101L121C-122, (Sec- tion 100-239D, as disapproved) for permission to construct Boat Storage Building with insuffi- cient setbacks and excessive lot coverage in this Marine II (M- 1I) Zoning District. Property Location: Main Road, Southold, County Lax Map No.o 1000, Section 056, Block 04, Lot 10.1, 11, 12.2, 3.2, 3.3, 4, 6.1. 8:50 p.m. Appl. No. 3842-- CRESCENT BEACH CON- DOS. Variance to the Zoning Ordinance. Article XXVII, lion 100-271, as disapproved, for permission to enclose decks or patios of units to be enclosed with glass windows with insuffi- cient setbacks. Property Loca- tion: End of Maple Lane, East Marion, in this Resort/Residen- rial (RR) Zone District, County Map No. 1000, Section 38, Block 7, LOt,21 units. p.m. Appl. No. 3860- DR. PAUL MITCHELL. Variance to, the Zoning Or- dinance, Article 111 A, Section I00-30A-3, as disapproved, for approval to construct a single family dwelling with insufficient front yard setback in this R-40 Zone District. Property Loc~2o tion: 1015 Munn Lane, County ~ Map District 1000, Section 017. Block 02, Lot 08. Board of Appeals will a~ said time and place hear any and all persons or representatives desiring to be heard in each of- the above matters. Written com- ments 'may also be submitu~d prior to the conclusion of tbe subject hearing. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: September 1, 1989.- BY ORDER OF THE SOUTHOLD TOWN.' BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN · By Doreen Ferwerda -, . IX, 9/14/89 (25i'L1 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOI_D, L.I., N.Y. 11971 APPEALS BOARD MEMBERS TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONtS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKi JAMES DINIZIO, JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application, your public hearing will not start before the time 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, CHAIRMAN df Enclosure 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 concerning this. (None). MR. GOEHRINGER: still have two members in 1979. MS. MOORE: I was and Doyen were still on MR. GOEHRINGER: condominium project? We'll discuss it. We do on there that were there noticing Mr. the board. How old is this Grigonis A PERSON: I have been there since We finally got it approved in '67. MR. GOEHRINGER: Thank you very much for coming in. This is a unique hearing. Hearing no further questions, I'll '65. motion for the decision later. MR. SAWICKI: close the hearing. Second. make a Make a MR. GOEHRINGER: Ail in favor? (Ayes). MR. GOEHRINGER: The last hearing in the agenda is Dr. Paul Mitchell. We apologize for putting'you on as the last hearing, Doctor. And you, Mr. Garrett and Mrs. Mitchell, is that who that is? 123 RAM COURT REPORTING SERVICE (516) 727-3168 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 DR. MITCHELL: MR. GOEHRINGER: appeal. (Reading). MR. GOEHRINGER: Suffolk County tax map. like to be heard? MS. MOORE: two matters I evening. One access to the 124 Yes, it is. Number 38__~is the next have a copy of a Mr. Strange, would you Yes, good evening. We have guess before the board this obviously is the 280 A action for site. Simply, we did submit photographs of the site. I assume someone from the Board has been out to observe the right of way, would find it as we did to be the first half of it paved and well-maintained and second half of it to be unpaved but maintained and travel on a regular basis as well right-of-way not only serves the Mitchell property but several surrounding properties that are used on a year round basis for full time residents. Thusly, it is kept in a relatively good state of repair. I think with regard to this point, unless the Board had any questions about the RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 125 right-of-way access, I have no further comments other than it appears to be adequate for criteria normally set down with right-of-way and private roads and adequately serve this parcel and other that abut it. MR. GOEHRINGER: Are you willing to improve the portion requirements? improvements? that's dirt as to minimum What would be the nature of those MR. GARRETT: TO the hedges. My client mentioned to me earlier someone had done something to the road when they made a recent inspection about a week ago. I hadn't been to the site in six weeks. So it obviously happened since I have been there that there has been improvements made. There may be a normal occurrence in the area that they improve the road for the winter traveler. I'm not exactly certain to what MR. very well it -- DR. or at all knowledgeable at the moment as the extent of the improvements were. DINIZIO: That road has always been maintained for a dirt road. No way is MITCHELL: It's really pebbled. It's RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 126 very nice. MR. DINIZIO: It's a good road. I grew up on that road. It was definitely not the stone blend that's there now. But I have no trouble with my car. MR. GARRETT: It's a serviceable road. There are numerous vehicles that use it on a day-to-day basis. My initial response to your comment is it maybe an unfair burden to place of upon my clients to improve and extend part to the mutual benefit of all the this rode neighbors. MR. GOEHRINGER: Well, we can do one of two things. We can ask the fire department to go up there and appraise it and see if they are happy with the extent of how much time they have if for any reason there is a brush fire or a house fire. Or we can simply impose what we would consider to be minimum standards after house is built so any disruption of the of and it. right-of-way existed would be taken care go back'and look at it. We'll talk about That's all I can tell you. MR. GARRETT: Okay. the RAM COURT REPORTING SERVICE (516) 727-3168 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 the house would be. MR. GOEHRINGER: gully there. MR. GARRETT: to deal with it as attempts to design it We 130 Certainly -- quite a There certainly is. We try best we can. We are making the house around and work with that gully so we don't have problems to deal with, especially with the flood plain. For the record, if the Board doesn't have in their title, we do have a D.E.C. permit. also have approached the Southold Town a hearing and had indicated it think us to with us. MR. MR. MR. get it ~o MR. problem with trustees who had really wasn't any significance to them and granted a waiver accordingly. MR. GOEHRINGER: We do have that. I don't we have the D.E.C. That would be good for have, if you wouldn't mind supplying it GARRETT: With the D.E.C. GOEHRINGER: Yes. GARRETT: I'll the board. GOEHRINGER: I the make a copy of that and have no particular placement of the house as you RAM COURT REPORTING SERVICE (516) 727-3168 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 have so designed its placement. It's very difficult to understand when looking at the site. There's lot of poison ivy up there. certain. there. I attacked this MR. GARRETT: That's for MR. GOEHRINGER: Or down Therefore, I didn't go down. site from the beach. I have no particular problem with it. I don't know if any of the other Board members do. I'll go back and look at the right-of-way before we make a decision to see what we can do about that. We thank you again, Doctor and Mrs. Mitchell. We apologize for this most sincerely. Thank you for your indulgence. MR GARRETT: Two pointed questions, the references you made to soil and water, what is that and what is involved and how long a process is that? MR. GARRETT: That is simply a recommendation from them concerning any areas that they feel could be minimized in the construction of the dwelling. We don't have a cliff or a lip or anything of that nature. So I don't know of anything they're going to be 131 RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 132 concerned with. I tend to think probably not much. We are not bound to wait for their decision. We think we will have it within the next two weeks. It's something that you know, if we were 165 feet in the area and 70 feet lip of the bluff. We are not concerned with it in this situation. We deal with soil and water whenever it concerns anything on the water, usually on the Long Island Sound. That's the primary reason. MR. GARRETT: If the point comes to being, I think part of the one of the D.E.C. requirements was to during the course of construction was to protect the area below the ten foot contour we will do with. MR. GOEHRINGER: That is probably the same situation. MR. GARRETT: That seems to be standard fare these days. The other question is, is it possible the Board m~y act on its decision at the next meeting? MR. GOEHRINGER: Yes. Because I'm sure RAM COURT REPORTING SERVICE (516) 727-3168 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 you want to start this MR. GARRETT: Yes, Board to take action on construction. we are awaiting this in addition. the MR. GOEHRINGER: On the 280 A aspects, briefly, if we so desire to ask for improvements, we will -- they can be done after the construction and we'll come back and look at them. This is nothing that an engineer has to look at because of the pretty good situation exists there. We have no idea what it will look like during the spring thaw. That's our concern DR. MITCHELL: We've been out there many seasons. Thank you. MR. GOEHRINGER: Best of luck. Have a good night. Hearing nothing further, motion to chose the hearing reserving decision until later. MR. DINIZIO: Second. MR. GOEHRINGER: The hearing (Time Noted: 11:30 P.M.) is closed. 133 RAM COURT REPORTING SERVICE (516) 727-3168 GARRETTA. STRANG MAIN ROAD, P.O. BOX 1412 SOUTHOLD. NEW YORK 11971 516-765-5455 October 11, 1989 Mr. Gerard P. Goehringer, Chairman Southold Zoning Board of Appeals Main Road Southold, New York 11971 Mitchell Application #3860 Dear Mr. Goehringer and Members of the Board: This is in response to comments of Suffolk County Soil and Conservation District (letter of October 2, 1989). First, both Southold Town Trustees and New York State Department of Environmental Conservation, as a requisite of approval, have required that we provide for erosion control during and after construction. This will be done via use of hay bales and restoration of the site upon completion of construction. Second, the site plan submitted includes the topographic data. It is my clients' intention not to change any of the grades, but to work with the existing land contours. Third, the extent of the landscaping is limited to res- toration of any disturbed existing vegetation. My cli- ents intend to maintain the site in a natural state. I trust the above addresses the issues raised by Mr. Thomas J. McMahon, Sr. District Technician, and will en- able the Board to render a decision in a timely manner. If you have any questions, please contact my office. Very truly your~ b/ ~- ~arrett A. Strang $OI1 AND WATER CONSERVATION DISTRICT COUNTY OF SUFFOLK ~ATRICK {~. H~I..PIN c~UFFOLK COUNTY EXECUTIVE October 2, 1989 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals P.O. Box 1179 Southold, New York 11971 Dear Mr. Goehringer: In reference to your request for our assessment of Appl. No. 3860 - Dr. Paul and Ellen Mitchell (Variance), please be advised that a site inspection was conducted on October 2, 1989. The inspection found the site to be a depressional area and within a natural drainageway. Soils on the site are mapped as Carver and Plymouth sands with 15 - 35 percent slopes. In the northeastern section of the lot, at the bottom of the depression, there is an area supporting the growth of saltmarsh grass - Spartina patens. Construction of a single family residence, garage and catwalk on this lot could cause severe soil erosion problems. Adequate plans for erosion and sediment control during and after construciton should be prepared and approved. A de- tailed plan showing existing and proposed grades should be included in the plan. In addition, surface drainage access details, and final landscaping plans should also be reviewed and approved. Hopefully you will find this information useful. If you require addtional informa- tion please contact this office. Sincerely yours, Senior District Technician GARRETT A. STRANG MAIN ROAD, P, O. BOX 1412 SOUTHOLO, NEW YORK 11971 September 22, 1989 Southold Town Board of Appeals Main Road P.O.Box 1179 Southold, New York 11971 Re: Mitchell application appeal 9 3860 Dear Mr. Goehringer and Members of the Board: As per your request at the meeting last evening, I am submitting a copy of the Southold Town Board of Trustees resolution dated August 1, 1989 in addi- tion to a copy of the DEC permit 9 10-89-0662. If you have any questions, or additional data is required, please contact this office. Very truly yours, C~S/g/encs. Garrett A. Strang Architect ERANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BRF. DEMEYER, 111 JOHN L. BEDNOSKI, JR. HENRY P. SMITH TELEPHOI~ (516) 765-1892 Garrett A. Strang PO Box 1412 Southold, N.Y. 11971 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 August 1, 1989 Re: Paul Mitchell, 1000-017-02-08, Orient, N.Y. Dear Mr. Strang: The following action was taken by the Board of Town Trustees during their regular meeting held on July 27, 1989 as follows: WHEREAS the Town Trustees have conducted an on site inspection of the subject property, RESOLVED that the Town Trustees approve the request made by Ellen and Paul Mitchell for a waiver to construct single family dwelling on above mentioned property. Please return to the Building Department for a determination on the need for any other permits which may be required for this project. FAK:jas cc: Bldg. Dept. Board of Appeals file Very truly yours, Frank A. Kujawski, Jr. ~w4-j President Board of Town Trustees 10-89-0662 Under ~he Fnvlronmental Con*ervafion 1.~ 7/24/~? 7/31/94 Article 15, Title 3; 6NYCRR 327, __ 328, 329: Aquatic Pesticides Article 15, Title 5: __ Protection of Water Article 15, Title 15: __ Water Supply Article 15, Title 15: __ Water Transport Article 15, Title 15: __ Long island Wells Article 15, Title 27: __ Wild. Scenic and Recreational Rivers 6NYCRR 608: Water Quality Certification J~ ArticleSPDES 17, Titles 7, 8: J----1 -- Article 19: ~ __ Air Pollution Control* Article 23, Title 27: ~ Mined Land Reclamation Fi'-] Article 24: Freshwater Wetlands N--New, R--Renewal, M--Modification, C--Construct (*only), O--Operate (*only) Article 25: Tidal Wetlands Article 27, Title 7; 6NYCRR 360: Solid Waste Management* Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management Article 34: Coastal Erosion Management Article 36: Floodplain Management -- Articles 1, 3, 17, 19, 27, 37; __ 6NYCRR 380: Radiation Control Ellen & Paul Mitchell ADDRESS OI P£RMITTEL 21 ~,iontrose Pl., Melville,NY 11747 AGENT For PERMITTEE cOnTact PErSoN TELEPHONE NUMBEr A &,;" Consultants, P.O.Box 367, Shoreham, NY 11786 Long Island Sound, Munn Lane, SCTM No. 1000-17-2-8 LOCATION 0~' PROIECT FACILITY COUNTY TOW~q~{X~ OTM COOROINATFS orient Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIvnY Construct a single family dwelling, deck, 4' wide catwalk having a central landin~ area no wider than 6' wide, and sanitary system. The ~]el!ing and deck to be ~ mzn[mum ut )~' landward of wetlands area and septic system a minimum of 100' landward of wetlands area. Construct a I0' x 10' platform at lower end of catwalk. Ail work z~ to be ~n accordance with attached plans stamped approved by I~SDEC, GENERAL CONDITIONS By acceptance ot this permit, the permittee agrees Ihat the permil is conlingenl upon strict compli- ance with the ECL, all applicable regulalions and the conditions specilied herein or attached hereto Permit Is;zL'aNcE DATE j Pern4~t ADMinIstrAtor ADDRESS Bldg.40,S~,p~. 219 7/24~89 ~ Christine J. Costopoulos ' ~ ' ~ ~' C~:~ Page 1 of I 95-20~6a (1/86]-- 25c ADDITIONAL 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, filJ, 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 a~ 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 iniury to the structure or work herein authorized which may'he 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 US. Army Corps of Engineers, U.S. Coast Guard. Ndw York State Office of General Services or local government which may be 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~ARTICL~S 15 (Title S), 24, 25, 34, 36 and 6 NYCRR~a~ 608 ( ) other environmentally deleterious materials associated with the proiect. 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 ~avigation 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 shaU, w;thout expense to the State, and to such extent and in such time and m~nner as the Department of Environmental Conservation may require, remove alt 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 m any way that the project will be free from flooding, 18 If granted under 6 NYCRR Part 608, the NYS Department of Environ- mental Conservation hereby certifies that the subject proiect 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 All activities authorized by this permit must be in strict conformance with the.approved plans submitted by the applicant Or his agent as part of the permit application. Such approved plans were prepared by G. Strang SPECIAL CONDITIONS 1. A row of hay bales must be staked in place along the FEMA A-8 zone line (11' elevation)in the 50' buffer zone area and remain ~n place until construction is completed. 2. Any portion of the 50' buffer zone seaward of the t2' contour elevation disturbed during construction must be restored to existing grade and replanted with native species; bayberry on 3' centers, rosa rugosa on 12" centers, e~ other groundeover plants in accordance with a planting scheme which mdst be approved by NYSDEC, 3. The remaining 50' buffer zone outside area of constructien shall have no disturbance to vegetation or topography. 4. No fill is to be brought to the site without additional prior approval by DEC. Supplementary Special Conditions (A) through (J) attached. DEC PERMIT NUMBER 10-89-0662 PROGRAM/FACILITY NUMBER N/A Page 2 of 3 · · SUPPI,EMENTAR¥ SPECIAL CONDITIONS The following conditions appl7 t.o all permits: Do Go If any of the permit conuit ]ol~s are unclear,the permittee shall con- tact the Division of Regulatory Affairs at the address and telephone noted below. A copy of this permit with supplementary conditions and approved plans shall be avai]able at the project site whenever authorized work is in progress. The permit sign enc]osed with the pea'mit or a copy of letter of approval shall be protected from the weather and posted in a con- spicuous location at the work site until completion of authorized work. At least 48 hours p~-lor to commencement of the project, the permittee shall complete and return the top portion of the enclosed receipt form certifying that he is ful]y aware of and understands all provisions and conditicns of this permit· Within one week of completion of the permitted work, the bottom portion of that form shall also be com- pleted and returned. For projects involving activities to be accomplished over a period of more than one year, the permittee sh~l] notify the Regional Permit Administrator in writing at least 48 hours prior to the commencement of resumption of work each year. if project design modifications t=k= place after permit issuance, the permittee shall submit the appropriate plan chauges for approval by the Regioual Permit Administrator prior to undertaking any such modi- fications. The permittee is advised that substantial modification may require submission of a new applic=tion for permit. All necessary precautions shall be taken to preclude contamination of any wet]ands or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. Any failure to comply precisely with al/ of the terms and conditions of this permit, uu]ess authorized in writing, shall be treated as a violation of the Environmental Conservatiou Law. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, NY District, 26 Federal Plaza, New York, NY 10278, (Attention: Regulatory Functions Branch), prior to commencement of work authorized herein. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land [Itilization, Office of General Services, Tower Building, Empire State Plaza, Albany, NY ]2242, which may be required ~or any encroachment upon State-owned lands underwater. Regional. Permit Administrator NYS Dept. of Environmental Conservation Bldg. 40, SUNY-Room 219 Stony Brook, NY 11794 (516) 75]-7900 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 ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 August 23, 1989 Mr~ Garrett A. Strang P.O. Box 1412 $outhold, NY 11971 Re: Appl. No. 3861 - Paul Mitchell (Variance) Dear Mr. Strang: This letter will acknowledge receipt of your application for a variance and confirm that the Board Members are individually conducting field inspections and reviews as may be required by state and local laws during the next couple of weeks concerning your application. In the interim, we ask that the outside corners of the proposed construction be flagged, if not already done so. The public hearing on this application is expected to be held on or about September 21, 1989, at the Southold Town Hall, Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (with the exact time)in the near future. We do sincerely thank you for your continued patience during this period of transition within our department. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN dff ;"~ '~K A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN I'RUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 August 1, 1989 Garrett A. Strang PO Box 1412 Southold, N.Y. 11971 TELEPHONE (516) 765-1892 Re: Paul Mitchell, 1000-017-02-08, Orient, N.Y. Dear Mr. Strang: The following action was taken by the Board of Town Trustees during their regular meeting held on July 27, 1989 as follows: WHEREAS the Town Trustees have conducted an on site inspection of the subject property, RESOLVED that the Town Trustees approve the request made by Ellen and Paul Mitchell for a waiver to construct single family dwelling on above mentioned property. Please return to the Building Department for a determination on the need for any other permits which may be required for this project. FAK:jas cc: Bldg. Dept. Board of Appeals file Very truly yours, Frank A. Kujawski, Jr. President Board of Town Trustees W . ' ) · .i ~ ~N~ew~o~ State Departmunt of Environmental Conservation /~/ Building 40--SUNY, Stony Brook, New York 11794 (516) 751-7900 Thomas C. Jorllng Commissioner June 8, 1989 Mr. Alfred T. Kellar A & M Environmental Consultants ]6 Mills Rd. Stony Brook, NY 11790 Re: NYSDEC Application # 10-89-0662 Mitchell, Ellen & Paul Dear Mr. Kellar: The Department of Environmental Conservation has reviewed your application and has the following con~nents: 1. The "wetland area" (as noted on submitted survey) has the values of wildlife habitat, sediment control and pollution control. 2o Therefore, the project should be revised to have a minimum of 60' setback from this wetland, in order to minimize impacts to it and allow for a 50' undisturbed buffer between the wetlands and all construction and landscaping activities. With slight changes in configuration and/or location, seem the structures - house and deck, could meet a 60' a change of I0'. it would setback, Thank you for your cooperation. RNT:j f cc: E & P Mitchell F. Kujawski (Tn. Southold Trustees~/ G. Goehringer (Tn. Southold ZBA)~/ file Very truly yours, Robert N. Thurber Senior Environmental Analyst APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$,JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZlO, 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 June 21, 1989 Mr. Garrett A. Strang, Main Road, Box 1412 Southold, NY 11971 RoAo Re: App1. No. 3860 - Dr. and Mrs. Paul Mitchell (Variance) Dear Garrett: This letter will confirm that the Board Members are individually conducting field inspections and reviews as may be required by state and local laws during the next couple of weeks concerning the above application. We understand that in the interim, photographs will be furnished for the record of the entire right-of-way, together with sketches or renditions certifying the legal width and traveled width, from the Main Road to the proposed driveway area of the subject premises. As mentioned, the public hearing on this application is expected to be held about the last Thursday in July 1989 (alternatively the following Thursday, August 3rd if the Meeting Hall is not available on the earlier date) at the $outhold Town Hall, Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (with the exact time) in the near future. Please feel free to call at any time if you have questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr: Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO2~F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 March 11, 1992 Mr. Garrett A. Strang P.O. Box 1412 Southold, NY 11971 Re: Your request for Right-of-Way inspection in the matter of Paul and Ellen Mitchell--Our File # 3860 Dear Mr. Strang: This letter will confirm that I have personally inspected the Right- of-Way improvements pursuant to your letter of March 4, 1992. It is our position that the improvements a~e more than adequate to meet the conditions of our decision rendered on October 12, 1989. We will provide the Building Inspector with a copy of this letter for his permanent record. GPG:lam cc: Building Department ATTN: Victor Lessard Very truly yours, Gerard P. Goeh~inger, ch~irm~_~ Dr. & Mrs. Paul Mitchell ry, (R-80 Zone District.) Property Lot.3-5.1. 7:45 l~m. AppL No. 3863 -- N~- CBOLAS TSIRKAS. Variance to XXIV, ,Section 100-244, as disap- ~ one family dwelling with an insu~- ism, County Tax Map Disu'i~ 1000, Sec~inn 033, Block 01, Lot IL EDWIN KINSCHEI~, Variance to Se~ion 106-20, (Article ffI, Serifa 100-31, as disapproved), for pending subdivision (R-40 Zone District.) Property Lo,orion: 350 Section 100-239d, B. (Article a ~e f~mily dwellin~ with ~ insuf- m~ely 75 feet from the bulkhead in this R-40 Zone District. Property Ix~c~tinn: 1390 Bayview 1000, S~tio~ 37, Block 5, L~ 22. CHARLES AND CAROL BURST. Article rff A, S~fio~ 100-30 A.3, dis~,,~wd, for pem~sion .pending subdivision, (Light Busi- ness Zoning Disu~ (LB), Property Southold, County Tjx Map Districs in 100 feet fr~n Long Island Sound in thh R-40 Zone District, Loc~tion of Property: 90 PeRy's Drive, Or/- 8:15 p,m. Appl. No. 3852 -- Map No. 1000, Section 0~7, Block 04, Lin01. LIOT PASKOFE Variance to the Section 100-30A.3, (Article XX]~, Section 100-231 (A), as disap- sid~ yard ~nd accesso~- fenc~ (trcl= lis) in front yard at the height of is n~coufonning in this R-40 Zone District. Property Location 205 North Se& Drive, Southold, NY, Co~n~ T~x M~p No. 1000, S~,ion ~4. Block 4, Lol 4. tion 100-119.2. (Article I, Sectio~ 97-12C, as disapproved) for pennis- sion to construct a deck addition within 75 feet of water or wetlands. Zoning District R-40. Property Lo~ation: 2535 Cedar Lane, East Marion; County T~x M~p No, 10~0, Se~iion 037, Block 04, Lo~ 10. 8:30 p.m, AppL No. 3857 -- MICHAEL TOI~ALIS. Vafi~n~ the Zoning Ordinance, Article XXIV, Sgfion 100-244, As disal~ yard sethack for nonc.~nforming in a R-40 Zone District. Property Lo~tlon: 50 C~pt~in Kidd Drive, 1000, Section 106, Block 03, Lo~ 02~. BI~-NARD COSIMANO. Vari~nc~ XXIII, S~lion 100-~39d, B. (A~i- cie XXIV, Section 100-244, di~q~roved) for permissi~s to c~- this R-40 Zone District. Property Southold, County Tax Map No. cie V, Section 100-50B Special ]~xcpp~ion, (Article X~I, as disap- d~fi~l (RR) Zone Dimi~. Lo~tinn: 61475 Coumy 48, G~n- pon, County T~x Map No. 1000, Sectim 045, Block 01, Lo~ 01. 8:45 p.m. Appi. No. 3770 -- PORT OF EGYPT. Vsrinnce to the Z~in80rdin~n~, A~icle XII, Sec- tion 100-121C - 122, (Se~ion 2~9D, ~s disapprowd) for l~rmis- Building with insufficient s~lb~ks Marine II (M-II) Zoning District. 1000, Section 056, Block 04, 0~, enclosed with glass windows with Loc~fion: End of M~ple I~ne, Mst (RR) Zone District, County Map No. I000, Se~ion 38, Block 7, family dweEin8 with insufficient from yard s~b~ck in this R40 Zone Map District 1000, Section 017, ~he subject heating. Each hearing please ~ 765-1809, CHAIRMAN COUNTY OF SUFFOLK) Patricia Hea~ _of Mattituck, in sald'--~County, being duly sworn, says that I~lshe Is Principal Clerk of THE SUFFOLK TIMES, o Weekly Newspaper, publIshed at Mattltuck~ In tho Town of Southold, ~oun~ of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, bas been regu¼r~' published in said Newspaper once each week for 1 _ weeks successivelY, commencing on the 1~%~ day of t9_ _ Principq~Clerk Sworn to before'me th~ NOTICE OF H~RINGS- NO~CE IS HEREBY GIVEN~ ~u~t to ~ 267 ~ ~e To~ ~w ~d ~e C~e of ~e Town of Sou~old, ~e following ~arings will be held by the SOU~HOLD ~ BOA~ OF ~ ~t a Reg~ar Meeting, at th~ou~old To~ HaH, Main Road, S~thold, NY 11971, on THURSDAY, low~g ~: 7:30 p.m. Appl. No. 38~1 ~ SOUTHOLD FREE LIBRARY. spprowd, (nonconfomlng Bulk H~ Bus,ess dis~ct) Location: 53705 Msin Southold; County Tax Map 7:35 p.m. Appl. No. 3859 ~ EMANUEL PIPERAKIS AND D~OS AG~O~ULOUS. Vafi~ce to &e ~g O~ce, A~icie XXIII, Section 100-239d (A) (l), as disa~v~, for with deck and fence, wi~in .1~ feet f~ S~d ~ ~is R-~ ~e District. Prope~y ~carion: 3410 No~ Se~ Drive, Orient; Coun~ Tax Map No. 1000, Section 15, 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 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE 1516) 765-1809 September 21, S,E.O,.R.X. TYPE II ACTION DECLARATION 1989 Appeal No. 3860 Project/Applicants: County Tax Map No. Location of Project: Dr. Paul Mitchell 1000- 17-2-8 1015 Munn Road, Orient, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct a single family dwelling with insufficient front yard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATIST[CS OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: June 12, 1989 Transmitted herewith is Zoning Appeal NO. 3860 , application of Garrett A. Stran[i for Mitchell for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; letter relative to NYS Tidal Wetlands Land Use; Notice~of'Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ...~ .~.~. ( .q./..~. ....................... · ..~~$L. ~. :.~.:. ! ~..~.~./ ...... your applicationc~ .~' __,dated." .....~..,~q--~..~. ...........19 PLEASE TAKE NOTICE that for permit to ..~..~'....~....Oy~....~.~. '..~ .~.. ~ ............ at Location of Property ........../O,&- ..~. ,~....~..~..' ........ .(~.~' ~ ............. House No. Street Hamlet County Tax Map No. I000 Section .... .~! ."~ ..... Block .... .~. ~ ..... Lot ...~...~ ........ Subdivision ................. Filed Map No. : ............... Lot No ............... .~... is re~rned herewith and disapproved on the foIlowing grounds . .~..~..~.~.o~......~...~.~....~., Building Inspector RV 1/80 o CPROJ~I,n. NUMGER 617-2 :~Cr Appendix State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS ORly P_ART I--PROJECT INFORMATION (To be completed by APl31icant or Project sponsor} 1. APPLICANT/SPONSOR J 2. PROJ£CT NAME _ Garrett A. Strang, for Mitchell Mitchell Residence ~. PROJECT LOCATION: = __ Munlc~oa~:¥ Or ient Coun,v Suffolk Northwest terminus of private road known as Munn Road Suffolk County Tax Map # 1000-17-02-08 [] New [] Expansion [] Modiflcatlon/alleraflon 6. DESCRIBE PROJECT BRIEFLY: Construction of Single Family Dwelling with attached decks and boardwalk to the beach. Installation of required Sanitary system and private well~ ?. AMOUNT OF ~,ND AFFECTEO: SEQR Iniliallv _ 1 . 375 ac,es Ultimately 1 . 375 WILL PROPOSED ACT;ON CO:~PLY WITH EXISTING ZONING OR OTHER EXISTING LANO USE RESTRICTIONS? Access to property 280a [] Pa,k/Forest/Open space [] Other 10. DOES ACTIO¢~ INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL.. STATE OR LOCAL}? .* [] Yes [] No I! yes, Iisi agency(s) and permit/approvals I!. OOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? I CERTIFY THAT THE INFORMATION PeovirlEo ABOVE IS ]'RUE TO THE BEST OF MY KNOWLEDGE J A~Ohcanl/$ponsor name: Garrett A~7 Stranq, R.A. ca,,,: June Il the action is in the Coastal Area. and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) 9 , 1.989 of this form, and an environmental review w~ll be mhUe by The N.¥.S. Environmental Quality Review Act requires submlsslon (a) In--order ~o answer the questions in this short EAF it is assumed that the preparer will use currently available information COncerninG t~e pro]ect and the likely impacts of the action. It is not expected that additional studies, research Or other investigations will b~ undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is no~ significant. (d) £~nvironmental Assessmene 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? ~es X NO 2. Will there be a major change to any unique or unusual land form on the site? 3. Will project alter or have a large effect on Yes X No 4. Will project have a potentially large, imuact on groundwater quality? Yes ~ No 5. Will project significantly effect drainage flow on adjacent sites? · Yes X No 6. Will project affect any threatened or endancered plant or animal species? - ., Yes X NO 7. Will project result in a major adverse effect on air quall~y? 8. Will project have a major effect on Visual char- known to be importan~ to the community? ~Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontoloqi=u[, importance or any site designated as a critical envlrcnmental area by a local agency? Yes i0. Will project have a m~jor effect on existinq or future recreational opportunities? Yes ,X NO ll. 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 14. will prO)ect affect the existing community by ~¥es period or have a ma]or negat&ve effect on the charact6~r of the community Or neighborhood? RebreSenting~ Dr.& Mrs. Paul Mitchell Z~A ~/75 Oate:~lln~ 9: ~9~9 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~ITH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? 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, c~ncrete barriers, decks, etc? Se If project is proposed for an accessory building or structure, i~ total height at more than 18 feet above average ground 1-~-~17 State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ~ ft. 7. Are there other premises under your ownership abutting 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 No No Yes N~ < No Yes 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.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Yes Yes No Yes No Yes No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from'~contract) 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 N~ Yes ~ No 13. Please list present use or operations conducted upon the subject property at this time Vacant Land and proposed Sinqle Family Dwelling Please submit photographs for the record. I certify that the above statements are true and are being submitted for reliance by th~ ~ard of A~ppe~s in considering my application· ~~z3'?~- -~=~- (Garrett a. Strang, m.a.) Signature ~z~-~X~[~0~-~ (Authorized Agent) 1/88 WETLANDS [Amended 8-26-7(; by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (I) All lands generally covered or h~termittently cov- ered with, or which bord~r on, tidal waters, or lands lying beneath tidal waters, which at mean low title are covered by tidal waters to a ma×imum depth of five (5) feet, including but not limited to banks, bogs. salt marsh, swamps, meadows, flats or other Iow lying lands subject to tidal actian; (2) All banks, bogs, meadows, fiats arid tidal marsh subject to such tides mad upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, grmmdscl, marshmallow and Iow march cordgrass; anti/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection At2) and lying within seven- ty-five (75) feet landward of the mast landward edge of such a tidal wetland. FRESHWATER WETLANDS: (i) "Fr ' · esnwater wetlands" as defined in Article 24, Ti- tle 1, § 2,1-0107, Subdivisions l(a) to ltd) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- !and," as defined in Subsection Bt1) anti lying w/th° in seventy-five (75) feet landward of the most land- ward edge of a "fi'eshwater wetland." ( 9705 z.2~.~ 8~08-721020 33 0072 07 000268 December 16, 1987 8708-721020 33 0072 12 000901 December 16, 1987 Fee LOaN Natne of lnsur~i: PAUL L. MITCHELL AND ELLEN MITCHELL, HIS WIFE The mtateor interestinsuredby &is po~cy~ FEE SIMPLE v~tedin ~einsuredby means of Deed dated December 7, 1987, made by Barbara B. D0rman, as survivin9 tenant by the entirety SCHEDULE A The premises in which the insured has the estate or interest covered by this policy is described on the description sheet annexed. SCHEDULE B The following estates, interests, defects, objections to title, liens, and incumbrances and other matters are excepted from the coverage of this policy. 1. Defecls and incumbrances arising or becoming a lien after the date of this policy, except as herein provided. 2. Consequences of Ihe exercise and enforcement or attempted elllOrCe- ment ol any governmental, ~,ar or police powers over the premises. 3. Any lags, regulations or ordinances (including, but not limited to zoning, bt,riding, and environmental proteclion) as to the use. occupancy, subdivision or ~mprovemen~ of the premises adopted or imposed by any governmental body, or the effect of any noncompliance with or any violation thereof. 4. Judgments againsl the insured or estates, interests, defects, objectiohs, liens or incumbrances created, suffered, assumed or agreed to by or with the privily of the insured. 5. Title ~o an), property beyond the lines of the premises, or title to areas wifldn or rights or easements in any abutting streets, roads, avenues, lanes, ways or waterv, a>s. or the rigbt to maintain therein vaults, tunnels, ramps or any other structure or improvement, unless this policy specifically provides thai such titles, rights, or easements are insured. Notwithstanding any provisions m this paragraph to thc contrary, this policy, unles~ other- 6 Title to any personal properly, whether the same be attached ~o or used in connectlon with said premtses or otber~sse. 7. Mortgage dated December 16, 1987, made by Paul L. Mitchell and Ellen Mitchell to The Banking Center, Inc. in the amount of ~ 8. Survey made by Roderick Van Tuyl, PC, dated 2/22/80, shows premises as vacant land with the exception of a shed; shows reserved beach area in northerly portion of premises; ri§bt of ways along southerly and easterly lines of premises. Except any changes since 2/22/80. Authorlz~ Signatory Subject to Right of Ways recorded in Liber 4789 page 99, as recited in description herein. NOTE: ATTACHED HERETO ADDED PAGES. FORM 3265 Title No. CHICAGO TITLE INSURANCE COMPANY 8708-721020 (Amended 12/16/87) DESCRIPTION Orient, Town of Southold, County of Suffolk, and State of New York,~oun~ and described as follows: BEGINNING at a point at the southerly co~ner of premises about to be described, said point intersecting a right of way to Main Road; RUNNING THENCE from said POint of beginning along land now or formerly of Rowsom, the following three courses and distances: l) North 12 degrees 02 minutes 20 seconds West 41.95 feet; 2) North 34 degrees 15 minutes West 98.78 feet; 3) North 30 degrees 15 minutes 30 seconds West 148.80 feet; RUNNING THENCE along land now or formerly of Dow, North 47 degrees 41 minutes 30 seconds East 270.00 feet to Long Island Sound; RUNNING THENCE on a tie line course of South 69 degrees 40 minutes 50 seconds East 106.57 feet to land now or formerly of Mayer; RUNNING THENCE along last mentioned land the following courses and distances: 1) South 25 degrees 30 minutes West 84.00 feet; 2) South 11 degrees 40 minutes 40 seconds West 129.62 feet; 3) South 26 degrees 52 minutes 20 seconds West 216.57 feet to the point or place of BEGINNING. SUBJECT to right of way over the southwesterly portion of premises. SUBJECT to right of way over the easterly portion of the premises. TOGETHER with a right of way along the southwesterly boundary of the premises also with a right of way from the southeasterly corner of the premises southerly to the Main Road. DESCRIPTION PAGE'-TWO-CONTINUED YD. No title is insured to any land lying below the mean high water line of Long Island Sound. 11. Except riparian rights and easements of others to and over Long Is~d Sound but policy does not insure any riparian rights or easements in favor ~'~he owner of the premises herein. 12. Except the right of the United States Government to establish harbor, bulkhead or pierhead lines, or to change or alter any such existing improvements thereon (including buildings or other structures) from land now or formerly lying below the mean high water mark Of Long Island Sound without compensation to the insured. 13. Except rights of the United States Government, the State of New York and the Town of Southold, or any of their departments or agencies to regulate and control the use of the piers, bulkheads or land under water and land adjacent thereto. ~4~ Except 2nd half taxes $399.71. JAMES A. SCHONDEBARE TOWN AI~ORNEY ROBERT H. BERNTSSON ASSISTANT TOWN ATTORNEY OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD NOTICE Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1939 PLEASE BE ADVISED DUE TO TWO LAWSUITS AGAINST THE TOWN OF SOUTHOLD. BROUGHT COLLECTIVELY BY THE NORTH FORK ENVIRONMENTAL COUNCIL. LEAGUE OF WOMEN VOTERS, SOUTHOLD~2000 AND MESSRS, WEISMANN AND FLYNN. THAT ANY PERMIT. APPROVAL OR ANY OTHER ACTION TAKEN PURSUANT TO CHAPTER 100 OF THE CODE OF THE TOWN OF SOUTHOLD, ZONING. MAY BE INVALIDATED BY THE COURT; PROCEED AT YOUR OWN RISK. EAST MARION NY 11~J9 ..................................................................... - -- -- - --- - - '-'''-L~,-L~,-L~£,2L2~2_~££~,,',~___~ .... 2,-. 11.-Z-$.1 REEVES EDWIN K & WF 14 CENTER ROAD NIANTIC CONN U65~! "~-~,~-7~-~,~.., ~-~T,~--~%~T~ ........................................................................... 1~.-~-~ LONG BEACH & OTHER COMMON ~5859 ~ ORIENT NY UUUO0 ' ..................................................... - ~2-- ............ - - -2~-~-~-~J~-~2~J2~L~'J-J~J~£'~ _j~j. ............ lf.-&-b DOW BARBARA &~ CHESTNUT BILL ~5~9 ROSLYN NY 11~f6 ~55B~ ORZENT NY 1195~ .................. ~-~--~2-~-2~,%~,~__~-___& __~ ......... ~ -~_~ - ~- ~2~&~£~_~~-£ ~-~ ............ 1~.-Z'8 MITCHELL PAUL & ELLEN ....... Z1 MONTROSE PLACE MELVILLE NY ORIENT, N.Y. 11~ -:~' '~ ......... ~---~-'~E:---~'~-~-~-----~- .... - ~ ............. '~-~--~-~:~'~'-~L~-~--~--~_~_~__,~ .............. I~.-2-11 TOWNSEND DORMAN MACKAY 46 ELM SEA LANE 2:_2T-':F: ................................................................................................................. 1~.-g-1~ - DORMAN eARaA~A B ....... CORPUS CHRISTI &~SU~¥ 4554 OCEAN DRIVE #TU~ TEXAS ~.~Z-I~.Z DUCROT BEATRICE ~SU EAST 49TH ST ~lJSU9 NEW YORK NY 10U1! ............................................ ~ &-- ~T,~,-~, T~-2~1~5 ~"OT BE~--- 5~U EAST 4VTH ST ~5~ NEW YORK NY ~UUlF .......................................... ~--' ........................ ~--= ~---g:2 2~£: 1~.-Z-1~.~ KARDWELL NANCY P ~ JOSEPH PO GOX ORIENT,N Y 11~ ~--2=16 DucR~T BEAY~IcE 5~U EAST 4~TH ST ~15~y NEW YORK NY ' ............... - L2~:'--:~L-~:~-:~:'~--~-~-"~-*-~ ............. - --- ~-L .... ~ ~:___:~. -~ ....:,~,g~ ,:~---:~:2~,. ..... ~ ............. t~.-2-1~ DORMAN LAWRENCE B ~ - ................ ~59 REMSEN'S LANE OYSTER BAY NY 11 4~5~89 BOX 125 ~ ORIENT NY ......................._ _. ~ .... =~__~___,£~L ...... ___~______, ........ ~_~.~___~L~,,~_~,,~,~L_~_~_~_~_~ ....... 17.-5-$.1 MAHAFFY REID A & WF . _ ~50 BIRDS~YE LANE ORIENT NY R-80 .R-200 ~ Mailing List of Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 Copies to the following on or about September 9, 1989: Suffolk Times, Inc. (Personal Delivery) L.I. Travel-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board (East Hall) ZBA Board Members (with copies of files) ZBA Individual Files Mr. Thomas C. Samuels, as Agent for Southold Free Library 25235 Main Road, Cutchogue, NY. 11935 Southold Pools, as Agent for Piperakis and Argiropoulous P.O. Box 1412, Southold, NY. 11971 Mr. Richard Lark, Esq. for Elizabeth McCance, Main Road, P.O. Box 973, Cutchogue, NY. 11935 Mr. Nicholas Tskirkas, 35-04 208th Street, Bayside, NY. 11361 Ms. Marie Ongioni, Esq. for Edwin Kinscherf, 218 Front Street, Greenport, NY, 11944 Mr. Merlon Wiggins, Esq. for Leopold Stern, Jr. Peconic Associates, P.O. Box 672, Greenport, NY. 11944 Edson and Bruer, Attorneys at Law, Esq. for Charles and Carol Burst P.O. Box 1466, Southold, NY, 11971, Mr. Rudolph Bruer, Esq. for Henry Arbeeny, P.O. Box 1466, Southold, NY, 11971 Mr. Lawrence M. Feeley, for Cipitelli Bros. Realty, Ward Associates, 1500 Lakeland Avenue, Bohemia, NY 11716 Mr. Warren A. Sambach, Sr. for Richard DiBlasi, P.O. Box 1033, Cox Lane, Cutchogue, NY 11935 Mr. Charles R. Cuddy, Esq. for Elliot Paskoff, 180 Old Country Road, P.O. Box 1547, Riverhead, NY 11901 Mr. Kenneth Stein, 5 Witchwood Lane, Chappaqua, NY. 10514 Mr. and Mrs. Michael Toffalis 50 Captain Kidd Lane, Mattituck, NY 11952 Mr. Jim Delucca, for Bernard Cosimano 15 Linda Lane, Riverhead, NY 11901 Mr. Garret A. Strang, for Paul Mitchell P.O. Box 1412, Southold, NY 11971 Mr. Richard. T. Haefeli, Esq. for Cliffside {Tide Mark) 184 Main Street, P.O. Box 1112, Westhampton Beach, NY 11978 Mr. Merlon Wiggins, For Port of Egypt 1 Bootleg Alley, Greenport, NY, 11944 Mr. William D. Moore, Esq. for Crescent Beach Condo. Main Road, P.O Box 23, Mattituck, NY 11952 Mr. and Mrs. Domenico LoRe 21 Chatteua Drive, Box 24, Oakdale, NY 11769 Mr. and Mrs. Nick J. Cassimates 150 Captain Kidd Drive, Mattituck, NY 11952 Ms. Margeret Drape 160 Breakwater Drive, Mattituck, NY 11952 BOARD OF APPEALS. TOWN OF SOUTHOLI~ In the Matter o~ the Petition of to the Board of Appeals of the Town of 5outhold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention nf the undersigned to petition the Board of Appeals of the 1own of Southold to request a (Variance) (~XJ~l(k#~(0r~ ~) (~i~c,~a~X~ [circle choice1 2. ]'hal the properly which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ___ 1015 Munn Lane, Or±ent New York .......... Tax _M_a_p_ L 1000-17-2-8 3 Thai the property which is the subject of such Petition is located in the following zoning district. R-40 4 1 h.sl t,'~ ~,.,h Pel~li.n, tht' undersigned will requesl the following relief: ...... Permissioq ~o~_c99~_trggt a ~ingle ~famil~_ dwellinq~d__e__c_ks~ an_d ...... Walk to Beach with access to the site via a deeded Right-of Way. Relief for reduced second front yard from 50' to 40' 5. ]thai Iht' pr.vi~ion~ uf tile Southold Town Zoning Code applicable IO lhe relief sough[ by [he under- signedare Article III A Section 100-30A-3 Ix] Section 280-A, New York Town Law for approval of access over right(s)-of-way. ~ lha[ within five days trom the dale hereof, a writlen Pelilion requesting lhe relief specified above will be filed in Ihe 5uulhold Town Clerk's Office at Main Road, $outhold. New York and you may then and there examine the same during regular office hours. (516) T~5-1809. 7 lhat helnre the relief sought may be granled, a public hearing must be held on the matter by the Board of Appeals; Ibdl a notice of such hearing must be published at least five days prior to the dale of such hearing in Ihe Suffolk 1 Jmes and in the Long Island Traveler-Mattituck Watchman, newspapers published in Ihe 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: June 9, 1989 Amended: July 17, 1989 Petitioner Garrett A. Strang, for Mitchel Owners'Names:Dr&Mrs Paul~_i~tgDell PostOfficeAddress c/o Garrett A. Strang, Architect P.O.Box 1412, Southold N.Y. 11971 Tel. No. (516 ) 765-5455 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED [~, IL RECEIPTS ADDRESS Ms. Barbara Dow 40 Chestnut Hill, Roslyn, N.Y. Mr.& Mrs. George Rowsom Terry's Point, Orient, New York Mr. Reginald Tuthill US. POSTAL SERVICE CERTIFICATE OF MAILING Garrett A. Stranq, R.A. P.O.Box 1412 Southold, New York 11971 Ms. Barbara Dow P.O.Box 86, Orient, N. 40 Chestnut Hill Roslyn, New York, 11576 MAY BE USEO FOR DOMEST)C AND INTERNATIONAL MAIL, DOES NOT PROVIDE Y. 11957 Mr.& Mrs. Georqe Rowsom Terr¥'s Point Orient, New York 11957 MAY BE USED FOR DOMESTIC AND iNTERNATIONAL MAIL, DOES NOT PROVIDE PS FORM MAY1976 3817 GPO: 1977-750-851 Mr. Reginald Tuthill __P__. O. Box 86 Orientr New York 11957 MAY BE USED FOR DOMESTIC AND iNTERNATIONAL MAIL, DOES NOT PROVIDE ~CPO: 1977-750-851 PS FORM MAY 1978 3817 COUNTY OF SUFFOLK) 99: 115,76 11957 Garrett A. Strang , residing at Main Road, Mattituck New York , being duly sworn, deposes and says that on the 17th day of July ,19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said person9 are the addresses of said persons as shown on the current assessment roll of the Town of ~outhold; that said Notices were mailed at the United States Post Of rice at Southold (certified) (registered) mail. Sworn to before me this / 7 day of ~, , 19 __~ g Notary Public ; Ihal said Notice~ were mailed to each of said persons by HELEN IL DE VOE NOTARY PUBLIC, State of New Y0d~ N~ 4707878, Suffolk Term Ex~re~ March 30,19 '/J (This side does not. have property owners.) to be completed on form transmitted to adjoinin§ Z N.Y.S. LIC. pE CONIC SURVEYORS (516) 765 - 502.0 P.O. BOX 909 MAIN ROAD SOUTHOLD, N.Y. 11971 ~RC. ROSE SILVERSTONE ~ '1 N/O /F WELLS HAROLD L PARTLON PRIVATE ROAD A~D OTHERS 12~/4'~' WIDe) KATHLEEN PARTLON o. ,Dc,,,o, MAP OF RIGHT OF WAY TOWN OF SOUTHOLD ~.,~.. ~/O/F ~ ~ I000 ' 017 - O~ - II ~ JULY 7, 1989 NO. 496~8 88 -693 A ,: ';' , ""Y / ,t '~ "' , ,' ,,,, , ,, . ' ' ' ; :' ~ ,I t : . ~ , ~' . % . ,. %% . ,:, % ' ~ ,.,, / . .,~ ,~ - ~ ~ "'~ ..... ~ / ~, ' ..~ , .~,.,~ ..~.~-- ,~ .... . ,, , ~.~,~ ~,~ ( ) ~ ~ ,, , ~ ~ ,, , . , , , , ,,,, ' ' ' ' ': ' ' '" ' ' Fr'~~'~' ., ,.. ,, . . , .., , , :,,: ,