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Home My WebLink About3834Southold Town Board of Appeals . .... APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZ[O, JR. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, APRIL 13, 1989, at the following times: 7:35 p.m. Appl. No. 3832 - JOHI~ FORSBERG. Variance to the Zoning Ordinance, Article XXIV, Section 100-242 (and Article III-A, Section 100-30A.3) for permission to construct deck(s) to existing single-family dwelling structure, maintaining the nonconforming sideyard setback as exists at the westerly side. Lot area of premises is nonconforming at approximately 11,500 sq. ft. in this R-40 Zone District. Location of Property: 1310 West Road, Cutchogue, NY; 7:40 p.m. Appl. No. 3839 County Tax Map No. 1000-110-5-12. - DIANE DUNBAR. Variance to the Zoning Ordinance, Article III, Section 100-31 as disapproved, Article III-A, Section 100-30A.3 and Article XXIV, Section 100-242B for permission to construct open deck addition with an Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 insufficient setback from the front property line along Dogwood Lane (west). Lot area of premises is nonconforming at 16,423+- square feet in this R-40 Zone District. Location of Property: 615 Dogwood Lane, East Marion; Map of Gardiners Bay Estates, Section 2, Lot Nos. 98 and 99; County Tax Map No. 1000-37-1-11. 7:45 p.m. Appl. No. 3833 - PETER DESANCTIS. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for approval of open deck addition with an insufficient setback from the southerly side property line, adjacent to existing fence enclosure. Lot area of premises is nonconforming at approximately 26,964 sq. ft. in this R-40 Zone District. Location of Property: 380 Inlet Lane, Greenport, NY; County Tax Map No. 1000-43-5-2. 7:50 p.m. Appl. No. 3836 - ANNA SCHALLER. Variance to the Zoning Ordinance, Article III, Section 100-31 as disapproved, Article III-A, Section 100-30A.3, and Article XXIV, Section 100-242B for permission to construct (garage) addition with an insufficient setback from the northerly side property line and Page 3 - No~ice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 insufficient total sideyards. Lot area of premises is nonconforming at approximately 11,718 sq. ft. in this R-40 Zone District. Location of Property: 115 Parson's Boulevard (Private Road), East Marion, NY; Map of Gardiners Bay Estates, Lot 77 and part of 78; County Tax Map Parcel No. 1000-37-2-5. 7:55 p.m. Appl. No. 3837 - WAYNE L. AND TERESA A. MAZZAFERRO. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article III-A, Section 100-30A.3 for permission for approval of existing swimmingpool with deck areas which will have an insufficient rearyard setback when attached by a raised deck to the rear of the existing dwelling. Lot area of premises is nonconforming at 10,000 sq. ft. in this R-40 Zone District. Location of Property: 1650 Gillette Drive, East Marion, NY; Map of Marion Manor, Lot ~17; County Tax Map Parcel No. 1000-38-2-17. 8:00 p.m. Appl. No. 3835SE - ARTHUR V. JUNGE, INC. Amendment to Special Exception Granted under Appl. No. 3705 under Article VIII, Section 100-80B of the prior Zoning Regulations for this previously zoned C-Light Industrial Zone District, now re-zoned to Light Industrial, Article XIV, Section 100-141, to include establishment of car repairs with outside storage and future occupancy of vacant building area at easterly Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 side of building (a use to be a permitted use in this Zone District). Location of Property: 22355 C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 19; containing 45,589+- sq. ft. in lot area. 8:05 p.m. Appl. No. 3834 - FRANK CURRAN. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3, and Article ]~XIV, Section 100-242, for an amendment to prior Z.B.A. Appeal No. 3769 rendered October 26, 19B8, for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage, at premises known as 780 Ha~aters Road, Cutchogue, NY; County Tax Map Parcel No. q. 000-111-01-016. Lot is nonconfOrming with a lot area of 19,080 ft. in this R-40 Zone Distri~t.~ 8:15 p.m. Appl. No. 3819 - RUTHANN BARTRA. Variance to the Zoning Ordinance, Article III, Section 100-32, for approval of lot containing insufficient lot area located along the easterly side of Breakwater (or Luthers) Road, Hamlet of Mattituck, NY; identified on the Suffolk County Tax Maps as District 1000, Section 106, Block 9, 2.004 (part of 2.1). The premises is located in the R-80 Zone District. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 8:20 p.m. Appl. No 3787 - MARION ROBINS. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for approval of four parcels with insufficient lot area in this pending subdivision located along the east side of Little Neck Road, the north side of Baldwin Place, and the west side of Strohson Road, in the Hamlet of Cutchogue; County Tax Map No. 1000-103-10-2. Total lot area: 6.039 acres. The premises is located in the R-80 Zone District. 8:30 p.m. Appl. No. 3813 - SHELDON HILLS as Trustee for Barterama Corp. Employees Profit"Sharing Trust. Variances requested to reduce side yards to less than the required 20 and 25 feet, and less than the total 45 feet for both sideyards, on this 2+ acre vacant parcel. Zone District: R-80. Location of Property: Private Right-of-Way referred to as Private Road #11 (also referred to as Aldrich Lane Extension), extending off the north side of Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 12; Southold Town Planning Board Approved Set-Off Map March 4, 1985. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 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: March 30, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies to the following on or about March 31, 1989: Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board ZBA Board Members (with file copies) ZBA Individual Files Mr. and Mrs. John Forsberg, 259 Lincoln Avenue, Rockville Centre, NY 11570 Mr. and Mrs. George Dunbar, 19 Scott Drive, Melville, NY 11747 Mr. Warren A. Sambach, P.O. Box 1033, Cox Lane, Cutchogue 11935 Mr. and Mrs. Peter DeSanctis, 512 Park Avenue, Manhasset, NY 11030 Mr. and Mrs. Wayne L. Mazzaferro, P.O. Box 238, East Marion, NY 11939 Arthur V. Junge, Inc., P.O. Box 768, Cutchogue, NY 11935 Environment East, Inc., 3075 Indian Neck Lane, Peconic, NY 11958 Michael J. Hall, Esq., Youngs Avenue, Southold, NY 11971 Mr. and Mrs. Gustav Bartra, 227 East Breakwater Road, Mattituck, NY 11952 Mr. Kenneth Hills, Mountain Home Builders, Inc. 24 South Court, Roslyn Heights, NY 11577, (for S. Hills) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL , , Date . .~./~.. ..~.~..~ .... PLEASE TAKE NOTICE that your application dated . ~ , 19 ~ forpe~itto ~~~~/~ ~'~ .................... / "' ~) ........................... at Location of Property h3,;,Z~' .~~.. ~ . ........ ~ Street ................... ;'~/e~ County Tax Map No. 1000 Section .... /~ · .... Block ... ~ / Lot ~/~ Subdivision ................. Filed Map No .... Lot No. ~ ~ .... ~.. ... .~., ~- ..~..- ..... ~ .... ~...5~7...=.~= ~--~--~ .......... ~ ....... - ....... q .... Z... ~ .................................. .... RV 1/80 TOWN OF SOUTHOLD, t ~ t;~', F.,~'l , APPEAL FROM DECISION OF BUILDING INSPECTORi~AR... 07 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (We).~.;.~::..t.r.~..n..~....~..?..~..~.~.,....z...q~., ........... of .to..7~5..z. ~.a..f.~.~...~.e...q~...L.~..n..e. ........................ Name of Appella.nt Street and Number :~9..o....q.i..c. .................................................................................. ...[x)~.. .................. HEREBY APPEAL TO Municipality State APPEAL NO.~' ~ ~ ~' ~'' DATE .~ar.~h.,.6.~,..~9.~q 9 THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (~) .~.nu± r.2 nm~.r~h..E.a~.~ ~...Inc ............................. Name of Applicant for permit of 303£ !a4i~ N~k T~n~. Le..c..?.n~t.~.~...,..wT. li9~8 ................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ~ermit to build 1. LOCATION OF THE PROPERTY 780 Haywaters Road, Cutchogue, residential Street Use District on Zoning Map 1.O0O...lll...01..016- - - .................... O.w. ga.~.,...F2ank' & Snadra Curran~ 780 H~ywaters rd, Iv~ap No. Lot No. chogue, NY 11935 Cu t- 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.) 3. TYPE OF APPEAL Appeal is made herewith for (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 (X) request for a variance and was made in Appeal No. J.?6~ ...................... Doted ....Oo.t.o~o~m..2Yo~...l..Og8 ............................ ) X) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested for the reason that Form zm (Continue on other side) REASON FOR APPEAL Continued J. STRICT APPLICATION CF..THE ORDINANCE would produce practical difficulties or unneces- sar~ HARDSHIP becouse the area indicated is the only direction to en- -la~ge tho pool and deck area. Hsving r~onitored the ground wa~er level the fall and winter, we find thgt there will be less depth in which the pool could be dug due to the extreme weather and t~des of the season. Reali~in~ this we are asking fir and In- crease in lot coverave of 2~. 2. The hardship created is UNIQUE and is not shared by ali properties alike in the immediate vicinity of this property and in this use district because this pro!w rt~ as c~n be seen ~n the survey, has much of its deeded land under water~ ~n- like many of the ~ other homes;u~re ~rroston has not taken such a severe toll~ Most of the other homes in the area seasonal and not year round as in this case. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~.ost of the homes located ~n the erman's Beach area, are efthe year round or seasonal are on Su~- standard lots, and most if not all have conditions which if builk today would require similar types of variences. STATE OF NEW YORK ) ss COUNTY OF~ ~ ) i ...Z./..-~ ................ : ................. :,.....,1 ............................ Signature Sworn to this ......... 7. ................................... day of '~V~f:.!~z:~=. ............... 19 ~ Notary Public HELEN K, DE NOTARY PUBLIC, State ol ,~ew York No. 4707,8/~, Safi'ol~ County Term ~xpires M~ch 30, 19 ,,. TOWN OF SOUTHOLD .~OPERTY RECORD CARD FORMER OWNER STREET N S VILLAGE DI~ICT I SUB. C"~.'~.~- ~ACREAGE ...': ~ ~' i' , W , ~ , TYPE OF BUILDING SEAS. ~ VL FARM CO/v'v~. LAND IMP. TOTAL Tillable 1 T/liable ' 2 '~illable 3 Woodland Swampland Brushland 'House Plo{'~ Total .- , ...... BELOW DATE ABOVE Extensi~ Exte/ o Exten~io~ Por ~c~, ~ Deck B reezewa, Garage ~z ×v-,t '-' lt..8 ,IO Foundation Basement Ext. Walls Fire Place Pool Patio Driveway Bath Floors Interior Finish Heat Attic Rooms 1st Floor Rooms 2nd Floor APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. JOSEPH H.$AWICKI JAMES DINIZIO. JR. Southold Town Board of Appeals MAIN ROAD-BTATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765 1809 ACTION OF THE BOARD OF APPEALS Application of FRANK AND SANDRA CURRAN for a Variance to the Zoning Ordinance, Article III, Section 100-31, for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage (over 20 percent), at premises known as 780 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01-016. WHEREAS, a public hearing was held and concluded on October 6, 1988 in the Matter of the Application of FRANK AND SANDRA CURRAN under Application No. 376~; 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 made the following findings of fact: 1. The premises in question is known and referred to as 780 Haywaters Road, in the Hamlet of Cutchogue, Town of ' Southold, is identified as part of Lot #45, part of #27, and Lot #26, on the Maps of "Peconic Bay Properties" at Fisherman's Beach, and is more particularly shown on the Suffolk County Tax Maps as District 1000, Section 111, Block 1, Lot 16. 2. The entire premises has frontage along the north side of Haywaters Road of 120+- feet in length and varied depths of 128 and 100 feet. The subject premises is presently improved with a single-family dwelling structure as more particularly shown on the August 3, 1988 sketch submitted for consideration. Page 2 - Appeal NO. 376~ Matter of FRANK AND SANDRA CURRAN Decision Rendered October 26, 1988 3. The setbacks of the existing dwelling are shown on the sketched submitted hereunder to be: (a) 12 feet at the northwesterly corner of the dwelling to the westerly side property line (along the bulkhead); (b) seven feet, more or less, from the nearest northerly {rear} property line; (c) 19 feet, more or less, from the easterly side property line at its closest point; (d) 51+- feet from the front property line along Ha~waters Road. 4. Article III, Section 100-31, Bulk Schedule, Column "A-40" of the Zoning Code requires a minimum frontyard setback at 35 feet and maximum total lot coverage at 20 percent. 5. Section 100-33 permits the "...average setback of the existing dwellings within 300 feet of the proposed...on the same side of the street, same block and same use district .... " 6. The location of the proposed pool and fence enclosure is within the frontyard area. The setback is requested at 12 feet for the fence from the westerly side property line and at 30 feet from the front property line. 7. The total lot ~ u£ the e~i~tin~ ~:~llin~ is shown to be 19,080 sq. ft. (inclusive of land underwater), or 15,470 of the upland area. The square footage of the house is given at 3066 sq. ft., and the coverage for the pool and deck is given at 833 sq. ft. The percentage of the existing dwelling coverage is 19%, and the total percentage if this variance is granted is shown to be within a half percent of 25% (25 - 25-1/2%). 8. It is the position of this Board that in considering this application, the nonconformities of the lot and limited buildable area do lend to the nature of the practical difficulties. The relief requested is the minimal necessary and 'the Board agrees the request is not unreasonable under the circumstances. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested in the Matter of the Application for FRANK AND SANDRA CURRAN under Appeal No. 3768 as applied under Appeal No. 3768, SUBJECT TO THE FOLLOWING CONDITIONS: P~ge 3 - Appeal No. 3769 Matter of FRANK AND SANDRA CURRAN Decision Rendered October 26, 1988 1. The total lot coverage shall not exceed the amount requested (at 25+-%); 2. Screening with three-ft, high evergreens every six feet be placed and continuously maintained on the outside of the fence enclosure; 3. The new construction remain open and unroofed (as applied)-. 4. There be no lighting which may be adverse; 5. The pool construction not be elevated more than three feet above grade level (with the exception of minimal step areas). Vote of the Board: Ayes: Messrs. Goehringer, Dinizio. (Members Doyen and Sawicki were absent.) resolution was duly adopted. Grigonis and This lk GERARD P. GOEHI~INGER ~/~ CHAIRMAN BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, loseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEAr..~ Appeal No. 3963: Application for FRANK CURRAN. Variance to the Zoning Ordinance, Article III, Section 100-30A.4 (100-33) and Article XXIII, Section 100-239.4B, as disapproved, for permission to construct an accessory building in an area other than the required rear yard and with a setback of less than 75 feet from the bulkhead. Location of Property: 780 Haywaters Road, (Peconic Bay Properties Subdivision), Cutchogue, NY; County Tax Map District 1000, Section 111, Block 1, Lot 016. WHEREAS, a public hearing was held on September 26 1990 under Appeal No. 3963; 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, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. The premises in question is known and referred to as 780 Haywaters Road, in the Hamlet of Cutchogue, Town of Southold, is identified as part of Lot #45, part of #27 and Lot #26, on he Map of "Peconic Bay Properties" at Fishermen's Beach, and is more particularly shown on the Suffolk County Tax Maps as District 1000, Section 111, Block 1, Lot 16. 2. The entire premises has frontage along the north side of Haywaters Road of 120+- feet in length and varied depths of 128 feet and 100 feet. The subject premises is presently improved with a single-family dwelling structure as more particularly shown on the July 19, 1990 sketch submitted for consideration. Page 2 - Appl. No. 3963 Matter of FRANK CUI{R/tN Decision Rendered October 17, 1990 3. By this application, appellant requests variances for permission to locate a new 20 ft. by 30 ft. accessory garage/structure in the easterly side yad area with a setback of three feet from the easterly property line and 8-1/2 feet from the closest setback from the outer edge of the bulkhead along Ha~waters Cove. .4. Although the amount of relief requested by this application is substantial in relation to the requirement, the setbacks requested are not out of character with those generally existing in the in%mediate neighborhood and with those setbacks of the existing dwelling on this parcel. The accessory garage structure will not be closer to the bulkhead than the dwelling structure and will not be closer than 75 feet to the front property line along Haywaters Road. 5. For the record it is noted that a Waiver Permit has been issued by the Southold Town Trustees on September 27, 1990. 6. In considering this application, the Board also finds and determines: (a) the nonconformities of the land and building in question lend to the 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 dwelling as requested will not change the essential character of this residential comunity; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, and will be within the limitations set for lot coverage at less than the 20 percent of the total lot area; (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. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested under Appeal No. 3963 in the Matter of FRANK CURRAN for the location of a 20 ft. by 30 ft. accessory garage structure with reduced setbacks Page 3 - Appl. No. 3963 Matter of FRANK CURRAN Decision Rendered October 17, 1990 from the existing bulkhead at 8-1/2+- feet and at not less than three feet from the easterly side property line, SUBJECT TO FOLLOWING CONDITIONS: 1. That there be no disturbance of the land between the garage structure and the existing bulkhead (and no disturbance to any bulkhead tie backs). 2. That leaching basins and gutters with down-spouts to ~-properly retain run-off on site be placed where necessary. 3. That the garage have overhead or pull-out doors at a height of approximately seven feet (and not less than six feet in height) on the northerly side facing Haywaters Cove and on the southerly (front) section facing Haywaters Road for ingress and egress. 4. That the height of the garage to the top of the ridge not exceed 20 feet; 5. That the accessory building be used only for garage or storage purposes, as applied, with no utilities except electrical utilities. 6. That the relief granted hereunder will supersede that relief granted under Appeal No. 3768 for a pool with deck and fence enclosure, which is now withdrawn from the record. Any proposed for construction other than as applied herein will require a separate variance application for consideration. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio. This resolution was unanimously adopted. lk GERARD P. GOE~RINGER, CHAIRMAN "~thold Town B~ard of Appeals -49- November 5, 1981 RESERVED DECISION: Appeal No. 2912. Upon application of Frank Curran, by Peter R. Stoutenburgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory structure in the sideyard area at 780 Fishermen's Beach Road, Cutchogue; Peconic Bay Properties, Inc. Filed Subdivision Map No. 286, Lots 26 and part of 27; County Tax Map Parcel Item No. 1000-111-1-16. The public hearing concerning this appeal was held earlier this evening, at which time decision was reserved. By this appeal, applicants seek permission to construct an accessory building (proposed shed) containing a square foot- age of 312 square feet, in the sideyard area with a setback from the easterly sideyard line of not less than three feet and a setback from the northwesterly end of the rear yard property line of six feet. The premises in question contains an area of 15,470 square feet with road frontage along Haywaters Road of 120 feet. The premises is improved with.a substantial one- family dwelling and newly constructed addition, containing a total area of approximately 3,130 square feet. The applicant's agent has submitted for the record the percentage of lot cover- age which has been provided by Roderick VanTuyl, P.C., licensed surveyor, of which the existing dwelling with new addition covers 20% of the lot, and together with the proposed shed covers 22%. The board does find that the premises contains no practicable buildable rearyard area, and the location of the existing dwell- ing lends itself to the practical difficulties in locating the proposed shed in the sideyard area. The board agrees that the proposed location of the shed is the most feasible and practical under the circumstances; however, Section 100-31, Bulk Schedule, of the code requires a maximum percentage of lot coverage to be 20%. Therefore, it is the determination of this board that the size of the new accessory building be reduced to 200 square feet, or, that 112 square feet of'building area be eliminated from either structure (the shed or the dwelling), which will be within the spirit of the zoning ordinance. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. was On motion by Mr. Goehringer, seconded by Mr. Grigonis, it RESOLVED, that the application of Frank Curran and wife, Southold Town Board of Appeals -50- November 5, 1 Appeal No. 2912 be GRANTED, SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the shed shall not exceed 200 square feet in' area when using Roderick VanTuyl, P.C.'s calculations as to lot coverage; (2) That the setback of the shed will be a minimum of 10 feet from the existing bulkhead and a minimum of five feet from the side yard property line; (3) storage ); That the shed shall not be for habitable use (strictly (4) That the shed be not more than one-story; (5) That this matter be referred to the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter. Location of Property: 780 Fisherman's Beach Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-1-16. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. This resolution was unanimously adopted. RESERVED DECISION: APPEAL NO. FL-9. Upon application of Frank Curran, by Peter R. Stoutenburgh, 3075 Indian Neck Lane, Peconic, NY for a variance to the Flood Damage Prevention Law, Chapter 46-8~ Sections 46-17, 46-18, 46-19, for permission to construct improvements exceeding 50% of the market value of existing structure, with base floor below the 8-foot minimum elevation above mean sea level in a Zone A, at 780 Fishermen's Beach Road, Cutchogue, NY; Peconic Bay Properties, xnc.; Filed Subdivision Map No. 286, Lots 26 and part of Lot 27; County Tax Map Parcel No. 1000-111-1-16. The public hearing concerning this appeal was held earlier this evening, at which time decision was reserved. The Board made the following findings and determination: By this appeal, applicants seek approval of the construction of an addition containing square footage of approximately 270 to be located at the southerly end of the existing one-family dwelling with a setback of approximately 63 feet from Haywaters Road and approximately 20 feet from the side property line (abutting Lot 25), and permission to construct new accessory storage shed containing an area of 312 square feet, both structures of which the building inspector concludes to exceed 50% of the market value and which ?outhold Town Board of Appeals -5~- (Appeal FL-9 - Frank Curran, continued:) November 5, should therefore comply with all constructions methods and res- trictions in this A-4 Flood Zone. The premises in question contains area of 15,470 square feet with road frontage along Haywaters Road of 120 feet. The premises is improved with a substantial one- family dwelling and newly constructed addition, containing a total area of approximately 3,130 square feet. The ground eleva- tion above mean sea level is 5-8 feet at the westerly side of the existing dwelling and 8-5 feet at the easterly side of the existing dwelling. The proposed shed will have a slab foundation without crawl space area at 5-9 feet above mean sea level. The Flood Insurance Rate Map (FIRM) indicates that the property is located in a A-4 Flood Zone with a minimum elevation at 8 feet above mean sea level. The Board finds that 'there are homes in the neighborhood of the lot in question of similar size, and the dwell- ings' lowest floors are constructed below the minimum base flood level. The Board also finds that the lot in question meets the standards set forth in Section 46-16A of the Code since it contains an area of less than one-half acre and is contiguous to and sur- rounded by lots with existing structures constructed below the base flood level. In passing upon this application, the Board has considered all technical evaluations; all relevant factors; all standards specified in the Code; and all of the applicable factors contained in Section 46-15B, subdivisions (1) to (11), inclusive, of the Code. The Board further finds and determines that: (1) There is a good and sufficient cause for the grant of this variance; (2) A failure to grant the variance would result in exceptional hardship to the applicant; (3) The grant of a variance will not result in increased flood heights, or additional threats to public safety, or extraordinary public expense, or create nuisances, or cause fraud, or victimize the public, or conflict with existing local laws or rules or regulations. On motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that the application of Frank Curran and wife, Appeal No. FL-9 BE AND HEREBY IS GRANTED a Variance from the Pro- visions of the Flood Damage Prevention Law of the Town of Southold to construct addition and accessory storage building with minimum base flood elevations as applied for, on premises known as 780 Fishermen's Beach Road, Cutchogue, NY; Peconic Bay Properties, Inc. Filed Subdivision Map No. 286, Lots 26 and part of Lot 27; County Tax Map Parcel No. 1000-111-1-16, SUBJECT TO THE FOLLOWING CONDI- TIONS: (1) That prior to the commencement of construction, the applicant apply for and obtain a Development Permit from the Town Building Inspector, pursuant to the provisions of the Flood Damage _d Town Board of Appeals -5~- (Appeal FL-9 - Frank Curran, continued:) November 5, 1981 Prevention Law; (2) That there shall be no habitable (living) area at any time below the requested minimum base flood level; (3) That there shall be no habitable living area below the first floor of the new addition, such as cellar, basement, utility or storage areas; AND IT IS FURTHER RESOLVED, that pursuant to the Provisions of Section 46-16F of the Code, the applicant is-'hereby.given notice that the structure for which this variance is granted will be per- mitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation; AND IT IS FURTHER RESOLVED, that the Secretary to this Board transmit copies of this determination to' the applicants and to the Town Building Inspector. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. This resolution was unanimously adopted. Richard J. Cron, Esq. and Arthur M. Schwartz, M.D. appeared before the board tonight at the advice of the Chairman to discuss a right-of-way which will be the subject of a variance application for "approval of access." Apparently, Mr. Cron and Dr. Schwartz misunderstand that an application should have first been filed before discussing this matter. Mr. Cron said they will file an application as early as possible. RESERVED DECISION PENDING in the matter of APPEAL NO. 2893 - MATTITUCK AIR BASE. The board agreed to deliberate and research this matter further, and that a Special Meeting is hereby scheduled to be held next Saturday morning at approximately 9:15 a.m. Being there was no further business properly coming before the board at this time, the Chairman declared the meetng adjourned at approximately 11:30 p.m. Respectfully submitted, Li~da F. Kowalski, Secretary Southold Town Board of Appeals Meeting Date: Apr~~89 Appeal No. 3834 Members Absent, if any: Applicants: Frank Curran Relief requested and kocation:Construct pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage 780 Haywaters Rd.' Cutchogue 111-1-16 Charles Serge James Gerard Joseph GrJgonis Doyen Din i z i o Goehringer SawickJ Resolution made by: Seconded by: [ ) [ ) ( ) ( )' [ ( ) ( ) ( ) ( ) [ ACTION: ( ) Approve as applied ( ) Deny as applied ( ) Deny without prejudice ( ) Deny ( ( ) Subject to County Planning Referral ( ) Subject to Planning Board approval ( ) Subject to D.E.C. Withdrawn ~Vithout Prejudice as requested Approve with the following Conditions: [I] [2] '[31 [4] ( ( X ) Prior application conditions appllca[[ This Variance is temporary for a maximum Special Exception criteria appll(of two years, EXCEPT NOTES: period VOTE OF THE BOARD: ] where the proeosed subdivision has been finalized by all agencies and the parcels have been transferred by dee~ or other legal COnveyance to reflect the subdivi- sion lines accordingly. [ ] a building permit has been properly issued and construction commenced within this limited two-year period. Ayes: ( ) CG ( ) SD ( ) JD ( ) GG ( ) JS Nays: ( ) CG ( ) SD ( ) JD ( ) GG ( ) JS Abstain: ( ) CG ( ) SD ( ) JD ( ) GG ( ) JS Absent: ( ) CG ( ) SD ( ) JD ( ) GG ( ) JS Resolution was passed: ( ) unanimously Resolution was not passed: ( ). This application was recessed until ( ) by majority vote Environment East, Inc. R. R. No. 3 - 3075 Indian Neck Lane Peconic, New York 11958; 516-734-7474 April 10, 1989 Southold Town Board of Appeals Town Hall M,~h~ Ro~d $outhold, NY 11971 Dear Sirs, As agent for Mr. Frank Curran, we are requesting that a hold be put on the application for a variance, Application # 3834, for front yard set back and lot coverage. The NYS alternative lo/e~'~-~ for t~e proposed pool ~and ,d, eck. Sincuruly, Petter R. Sto~tenbur~h President ~nvironmen~ ~ast, Inc. Department of Environment Conservation has suggested an We are TOWN OF SOUTHOLD, NEW YORK RECEIVED~ APPEAL FROM DECISION OF BUILDING INSPECTORMAR''' O? 1989 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, ~We).~:..:.~:.~.?.~..~..~..~..s..t.~...Lq.q., ........... of .~..0..7.~....~.~..~..~...:¥.e...°.l.~....~.~.e. ........................ Name of Appella,nt Street and Number Peconic N~ ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON DATE .~ane, b...b ,...~989 APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO .~.nu± m.a ~. ~t..E.a~.t.....Iaa ............................. Nome of Applicant for permit of .... 3.0.7£...T,.~,~ tie. .c.~ ~.n~. Le..q ~..n.A..e.~ ,..~......Z..t..9.~.8 .............. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) ~ermit to build 1. -LOCATION OF THE PROPERTY 780 H~ywaters Road, Cutchogue, residential Street Use District on Zoning Mop 1.OOO.,lll..-.01,O16 .................... 0.w. ne.r..:...Fr, ank & Snadra Curran~ 780 H~ywaters rd, /v~op No. Lot No. chogue, ~ 11935 Ct~ t- 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.) 3. TYPE OF APPEAL Appeal is mode herewith for (X) A VARIANCE to the Zoning Ordinonce Or Zoning Map ~ ) A VARIANCE due to lack o~ occess (State of New York Town Law Chap. ~2 Cons. Laws Art. 16 Sec. 280A Subsection ~ 4. PREVIOUS APPEAL A previous appeal (~ (has not) been made with respect to this decision of the Building Inspector or ~vith respect to this property. Such appeal was ( ) request for a special permit (~) request for a variance and was made in Appeal No..~.~>g ...................... Dated ....0a.go.b~..~.~...1.9~8 ............................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (3:) A Variance to the Zoning Ordinance ( ) is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued ~. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sa[~ HARDSHIP because the area indicated is the only direction to en- ~la~ge tho pool and deck area. H~vlng monitored the Eround wa~er level the fall and winter, we find tha't there will be less depth ia which the pool could be dug due to the extreme weather and tides of the season. Realizing, this we are asking, fir and in- crease in lot covetable of 2%. 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 this pro;~e~t¥, as ean be seen on the survey, has m~c~ of, its deeded land under water, ~n- like many of the ~ other homes;wh~z,e errosion has not taken such a severe toll~ Most of the other homes in the area seasonal and not year round as in this case. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~ost of the homes located r~n the erman's Beach area, are eithe year round or seasonal are on Su~- standard lots, and most if nat all have conditions which if bull2 today would require similar types of variences. STATE OF NEW YORK ) ) ss COUNTY OF~,b~(~ ) Signature Sworn to this ......... 7. ................................... day of ........... ~!.~.!.x~..~r: .......................... ,~ ~-~ ...... ,...,~.L.,,.~ ......... : .................... : ............................ Notary Public ~E£N K DE VOE t2_O .......... ALLPROP( ~J A-C LITTLE' Residential Homier Del~ Res~t/Residenfi~ Residenfiel/Office Limifed Busine~ Hamlet Business Genera/Busine~ Marine Z Marine ~ Light Indus~ial/Office Light Indus~al 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 SOUTHOLD. L.I., N.Y. llgT1 TELEPHONE {516) 765-1809 ACTION OF THE BOARD OF APPEALS Application of FRANK AND SANDRA CURRAN for a Variance to the Zoning Ordinance, Article III, Section 100-31, for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage (over 20 percent), at premises known as 780 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01-016. WHEREAS, a public hearing was held and concluded on October 6, 1988 in the Matter of the Application of FRANK AND SANDRA CURRAN under Application No. 3769; 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 made the following findings of fact: 1. The premises in question is known and referred to as 780 Haywaters Road, in the Hamlet of Cutchogue, Town of Southold, is identified as part of Lot #45, part of #27, and Lot #26, on the Maps of "Peconic Bay Properties" at Fisherman's Beach, and is more particularly shown on the Suffolk County Tax Maps as District 1000, Section 111, Block 1, Lot 16. 2. The entire premises has frontage along the north side of Haywaters Road of 120+- feet in length and varied depths of 128 and 100 feet. The subject premises is presently improved with a single-family dwelling structure as more particularly shown on the August 3, 1988 sketch submitted for consideration. ~age 2 - Appeal NO. 3769 Matter of FRA/qKAND SANDRA CURRAN Decision Rendered October 26, 1988 3. The setbacks of the existing dwelling are shown on the sketched submitted hereunder to be: (a) 12 feet at the northwesterly corner of the dwelling to the westerly side property line (along the bulkhead); (b) seven feet, more or less, from the nearest northerly {rear} property line; (c) 19 feet, more or less, from the easterly side property line at its closest point; (d) 51+- feet from the front property line along Haywaters Road. 4. Article III, Section 100-31, Bulk Schedule, Column "A-40" of the Zoning Code requires a minimum frontyard setback at 35 feet and maximum total lot coverage at 20 percent. 5. Section 100-33 permits the "...average setback of the existing dwellings within 300 feet of the proposed...on the same side of the street, same block and same use district .... " 6. The location of the proposed pool and fence enclosure is within the frontyard area. The setback is requested at 12 feet for the fence from the westerly side property line and at 30 feet from the front property line. 7. The total lot coverage of the existing dwelling is shown to be 19,080 sq. ft. (inclusive of land underwater), or 15,470 of the upland area. The square footage of the house is given at 3066 sq. ft., and the coverage for the pool and deck is given at 833 sq. ft. The percentage of the existing dwelling coverage is 19%, and the total percentage if this variance is granted is shown to be within a half percent of 25% (25 25-1/2%). 8. It is the position of this Board that in considering this application, the nonconformities of the lot and limited buildable area do lend to the nature of the practical difficulties. The relief requested is the minimal necessary and 'the Board agrees the request is not unreasonable under the circumstances. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested in the Matter of the Application for FRANK AND SANDRA CURRAN under Appeal No. 3768 as applied under Appeal No. 3768, SUBJECT TO THE FOLLOWING CONDITIONS: ~age 3 - Appeal No. 3769 Matter of FRANK AND SANDRA CURRAN Decision Rendered October 26, 1988 1. The total lot coverage shall not exceed the amount requested (at 25+-%); 2. Screening with three-ft, high evergreens every six feet be placed and continuously maintained on the outside of the fence enclosure; 3. The new construction remain open and unroofed (as applied): 4. There be no lighting which may be adverse; 5. The pool construction not be elevated more than three feet above grade level (with the exception of minimal step areas). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Members Doyen and Sawicki were absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER ~/ CHAIRMAN · ~' ~ B?ard of Appeals -49- November 5, 1981 RESERVED DECISION: Appeal No. 2912. Upon application of Frank Curran, by Peter R. Stoutenburgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory structure in the sideyard area at 780 Fishermen's Beach Road, Cutchogue; Peconic Bay Properties, Inc. Filed Subdivision Map No. 286, Lots 26 and part of 27; County Tax Map Parcel Item No. 1000-111-1-16. The public hearing concerning this appeal was held earlier this evening, at which time decision was reserved. By this appeal, applicants seek permission to construct an accessory building (proposed shed) containing a square foot- age of 312 square feet, in the sideyard area with a setback from the easterly sideyard line of not less than three feet and a setback from the northwesterly end of the rear yard property line of six feet. The premises in question contains an area of 15,470 square feet with road frontage along Haywaters Road of 120 feet. The premises is improved with.a substantial one- family dwelling and newly constructed addition, containing a total area of approximately 3,130 square feet. The applicant's agent has submitted for the record the percentage of lot cover- age which has been provided by Roderick VanTuyl, P.C., licensed surveyor, of which the existing dwelling with new addition covers 20% of the lot, and together with the proposed shed covers 22%. The board does find that the premises contains no practicable buildable rearyard area, and the location of the existing dwell- ing lends itself to the practical difficulties in locating the proposed shed in the sideyard area. The board agrees that the proposed location of the shed is the most feasible and practical under the circumstances; however, Section 100-31, Bulk Schedule, of the code requires a maximum percentage of lot coverage to be 20%. Therefore, it is the determination of this board that the size of the new accessory building be reduced to 200 square feet, or, that 112 square feet of'building area be eliminated from either structure (the shed or the dwelling), which will be within the spirit of the zoning ordinance. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. was On motion by Mr. Goehringer, seconded by Mr. Grigonis, it RESOLVED, that the application of Frank Curran and wife, Southold Town Board of Appeals -50- November Appeal No. 2912 be GRANTED, SUBJECT TO THE FOLLOWING CONDITIONS: 5, 19~0.. (1) That the shed shall not exceed 200 square feet in' area when using Roderick VanTuyl, P.C.'s calculations as to lot coverage; (2) That the setback of the shed will be a minimum of 10 feet from the existing bulkhead and a minimum of five feet from the side yard property line; (3) That the shed shall not be for habitable use (strictly storage); (4) That the shed be not more than one-story; (5) That this matter be referred to the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter. Location of Property: 780 Fisherman's Beach Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-1-16. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. This resolution was unanimously adopted. RESERVED DECISION: APPEAL NO. FL-9. Upon application of Frank Curran, by Peter R. Stoutenburgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Flood Damage Prevention Law, Chapter 46-81 Sections 46-17, 46-18, 46-19, for permission to construct improvements exceeding 50% of the market value of existing structure, with base floor below the 8-foot minimum elevation above mean sea level in a Zone A, at 780 Fishermen's Beach Road, Cutchogue, NY; Peconic Bay Properties, Inc.; Filed Subdivision Map No. 286, Lots 26 and part of Lot 27; County Tax Map Parcel No. 1000-111-1-16. ~ The public hearing concerning this appeal was held earlier this evening, at which time decision was reserved. The Board made the following findings and determination: By this appeal, applicants seek approval of the construction of an addition containing square footage of approximately 270 to be located at the southerly end of the existing one-family dwelling with a setback of approximately 63 feet from Haywaters Road and approximately 20 feet from the side property line (abutting Lot 25), and permission to construct new accessory storage shed containing an area of 312 square feet, both structures of which the building inspector concludes to exceed 50% of the market value and which Southold Town Board of Appeals -5~- (Appeal FL-9 - Frank Curran, continued:) November 5, 198I~...~ should therefore comply with all constructions methods and res- trictions in this A-4 Flood Zone. The premises in question contains area of 15,470 square feet with road frontage along Haywaters Road of 120 feet. The premises is improved with a substantial one- family dwelling and newly constructed addition, containing a total area of approximately 3,130 square feet. The ground eleva- tion above mean sea level is 5-8 feet at the westerly side of the existing dwelling and 8-5 feet at the easterly side of the existing dwelling. The proposed shed will have a slab foundation without crawl space area at 5-9 feet above mean sea level. The Flood Insurance Rate Map (FIRM) indicates that the property is located in a A-4 Flood Zone with a minimum elevation at 8 feet above mean sea level. The Board finds that'there are homes in the neighborhood of the lot in question of similar size, and the dwell- ings' lowest floors are constructed below the minimum base flood level. The Board also finds that the lot in question meets the standards set forth in Section 46-16A of the Code since it contains an area of less than one-half acre and is contiguous to and sur- rounded by lots with existing structures constructed below the base flood level. In passing upon this application, the Board has considered all technical evaluations; all relevant factors; all standards specified in the Code; and all of the applicable factors contained in Section 46-15B, subdivisions (1) to (11), inclusive, of the Code. The Board further finds and determines that: (1) There is a good and sufficient cause for the grant of this variance; (2) A failure to grant the variance would result in exceptional hardship to the applicant; (3) The grant of a variance will not result in increased flood heights, or additional threats to public safety, or extraordinary public expense, or create nuisances, or cause fraud, or victimize the public, or conflict with existing local laws or rules or regulations. On motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that the application of Frank Curran and wife, Appeal No. FL-9 BE AND HEREBY IS GRANTED a Variance from the Pro- visions of the Flood Damage Prevention Law of the Town of Southold to construct addition and accessory storage building with minimum base flood elevations as applied for, on premises known as 780 Fishermen's Beach Road, Cutchogue, NY; Peconic Bay Properties, Inc. Filed Subdivision Map No. 286, Lots 26 and part of Lot 27; County Tax Map Parcel No. 1000-111-1-16, SUBJECT TO THE FOLLOWING CONDI- TIONS: (1) That prior to the commencement of construction, the applicant apply for and obtain a Development Permit from the Town Building Inspector, pursuant to the provisions of the Flood Damage _d Town Board of Appeals -5~- (Appeal FL-9 - Frank Curran, continued:) November 5, 1981 Prevention Law; (2) That there shall be no habitable (living) area at any time below the requested minimum base flood level; (3) That there shall be no habitable living area below the first floor of the new addition, such as cellar, basement, utility or storage areas; AND IT IS FURTHER RESOLVED, that pursuant to the Provisions of Section 46-16F of the Code, the applicant is hereby~given notice that the structure for which this variance is granted will be per- mitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation; AND IT IS FURTHER RESOLVED, that the Secretary to this Board transmit copies of this determination to~ the applicants and to the Town Building Inspector. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. This resolution was unanimously adopted. Richard J. Cron, Esq. and Arthur M. Schwartz, M.D. appeared before the board tonight at the advice of the Chairman to discuss a right-of-way which will be the subject of a variance application for "approval of access." Apparently, Mr. Cron and Dr. Schwartz misunderstand that an application should have first been filed before discussing this matter. Mr. Cron said they will file an application as early as possible. RESERVED DECISION PENDING in the matter of APPEAL NO. 2893 - MATTITUCK AIR BASE. The board agreed to deliberate and research this matter further, and that a Special Meeting is hereby scheduled to be held next Saturday morning at approximately 9:15 a.m. Being there was no further business properly coming before the board at this time, the Chairman declared the meetng adjourned at approximately 11:30 p.m. APPROVED._ '?' . C~airman 8oarcl o[ Appeals~ Respectfully submitted, L~nda F. Kowalski, Secretary Southold Town Board of Appeals Environment East, Inc. R. R. No. 3 - 3075 Indian Neck Lane Peconic, New York 11958; 516-734-7474 April 10, 1989 Southold Town Board of Appeals Town Hall Main Road Southold, NY 11971 Dear Sirs, As agent for Mr. Frank Curran, we are requesting that a hold be put on the application for a variance, Application # 3834, for front yard set back and lot coverage. The NYS alternative lo/~'~'{-~, for the proposed pool \ Presidunt s=vi=on~,en~s t, xno. / Department of Environment Conservation has suggested an We are and deck. · I / 2-0' I ~ ~YVVA1 L Envir~ment East, Inc. R. It. No. 3 - 307S lf~an No~k kdm o Perone, New Yorli 1 516-734-7474 To Whom Zt May T, ~rank Curran for pormit8 to coastruct a _Pool. deck. & ~e~ce Dept. of Eaviroa. Conserv. Of Southold NOTICE OF HEARINGS ' NOTdCE IS HEREBY GIVEN, pursuant tO Section 267 of the Town Law and the Code of the Town of Southold, the following hearings .will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, APRIL 13, 1989, at the following times: 7:35 p.m. Appl. No. 3832-- JOHN FORSBERG. Variance to the Zoning Ordinance, Arti- cle XXIV, Section 100-242 (and Article III-A, Section 100- 30A.3) for permission to con- ~.~;strhct deck(s} to existing single- family dwr~lling structure, main- ~taining the nonconforming side- yard setba,'ck aa exists at the westerly sMe. Lot area of pre- mises is nonconforming at ap- proximately 11,500 sq. ft. in this R-40 Zone District. Location of Property:all310 West Road, Cutchogue, NY; County Tax Map No. 1000-110-5-12. 7:40 p.m. Appl. No. 3839-- DIANE DUNBAR. Variance to the Zoning Ordinance, Article III, Section 100-31 as disap- proved, Article III-A, Section 100-30A.3 and Article XXIV, Section 100-242B for permission to cons;truct open deck addition with an insufficient setback from the front property line along Dogwood Lane (west). Lot area of premises is noncon- forming at 16,423:t: square feet tion of Property: 615 Dogwood Lane, East Marion; Map of Oardiners Bay Estates, Section 2, Lot Nos. 98 and 99; County Tax Map No. 1000-37-1-11. 7:45 p.m. Appl. No. 3833--~r'~ PETER DESANCTIS. Variance to the Zoning Ordinance, Arti- cle Ill-A, Section 100-30A.3 for approval of open deck addition with an insufficient setback from the southerly side proper- ty line, adjacent to existing fence enclosure. Lot area of premises is nonconforming at approxi- mately 26,964 sq. ft. in this R-40 Zone District. Location of Pro- perty: 380 Inlet Lane, Green- port, NY; County Tax Map No. 1000-43-5-2. 7:50 p.m. Appl. No. 3836-- ANNA SCHALLER. Variance to the Zoning Ordinance, Arti- cle I11, Section 100-31 aa disap- proved, Article III-A, Section 100-30A.3, and Article XXIV, Section 100-242B for permission to construct (garage) addition with an insufficient setback from the northerly Side proper- ty line and insufficient total sideyards. Lot si'ca off premises is nonconforming at approxi- mately 11,718 sq. ft. in this R~0 Zone District. Locati°n of Pro- perty: 115 Parsons' Boulevard, (Private Road), East Marion, NY; Map of Gardiners Bay Es- tates, LOt 77 and part of 78; County Tax Map Parcel No. 1000-37-2-5. 7:55 p.m. Appl. No. 3837-- WAYNE L. AND TERESA A. · MAZZAFERR.0 Variance to the Zoning'Ordinance, Article XXIV, Section 100-244 and Ar- ticle III-A, Section 100-30A.3 for permission for approval of existing swimming pool with deck areas which will have an in- sufficient rearyard setback when attached by a raised deck to the rear of the existing dwelling. Lot area of premises is~ noncon- forming at 10,000 sq. ft. in this R-40 Zone District. Location of* Property: 1650 Gillette Drive, East Marion, NY; Map of Marion Manor, Lot # 17; Coun- ty Tax Map Parcel No. 1000-38- 2-17. 8:00 p.m. AppL No~ 3835SE --ARTHUR V. JUNGE, INC. Amendment to Special Excep- tion Granted under Appl. No. 3705 under Article VIII, Section 100-80B of the prior Zoning Regulations for this previously zoned C-Light Industrial Zone District, now re-zoned to Light Industrial, Article XIV, Section 100-141, to include eatablishmem r SiOmg~ and fut~ ~u~ancy of vacant building area at easterly side of building (a use to be a permitted use in this Zone Dis- trict). Location of Property: 22355 C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 19; con- taining 45,589+ sq. ft. in lot NK CURRAN. Variance to the Zoning Ordinance, Article Ill-A, Section I00-30A.3, and Article XXIV, Section 100-242, for an amendment to prior Z.B.A. Appeal No. 3769 render- ed October 26, 1988, for con- struction of a pool with deck and fence enclosure with an in- sufficient frontyard setback and excessive lot coverage, at pre- mises known as 780 Hagwaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000.111-01- 016. Lot is nonconforming with a lot area of 19,080 sq. ft. in this R-40 Zone District. ' ~ 8:15 p.m. Appl. No. 3819~-'~ RUTHANN BARTRA. Variance to the Zoning Or- dinance, Article 111, Section 100-32, for approval of lot con- taining insufficient lot area located along the easterly side of Breakwater (or Luthers) Road, Hamlet of Mattituck, NY; iden- tified on the Suffolk County 'lhx Maps as District 1000, Section 106, Block 9, 2.004 (]art of 2.1). The premises is located in the R-80 Zone District. 8:20 p.m. Appl. No. 3787--- -- MARION ROBINS. Variance to the Zoning Ordinance' 'Article III-A, Section 100-30A.3 for ap- proval of four parcels with in- sufficient lot area in this pend. ing subdivision located along the east side of Little Neck Road, the north side of Baldwin Place, and the west side of Strohson Road, in the Hamlet of Cutchogue; County Tax Map No. 1000-103-10-2. Total lot area: 6.039 acres. The premises is located in the R-80 Zone District. 8:30 p.m. Appl. No. 3813- SHELDON HILLS as Trustee for Barterama Corp. Employees Profit Sharing Trust. Variances requested to reduce side yards to less than the required 20 and 25 feet, and less than the total 45 feet for both sideyards, on this 2+ acre vacant parcel. Zone ~,-~ District: R-80. Location of Pro- perty: Private Right-of-Way re- ferred to aa Private Road # 11 (also referred to as Aldrich Lane Extension), extending off the nortb side of Sound Avenue, Mattituck, NY; County ~ Map District 1000, Section 112, Block 1, Lot 12; Southold Town Planning Board Approved Set- Off Map March 4, 1985. 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 corn- ~ 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, r please call 765-1809. Dated: March 30, 1989 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski .... lX, 4/6/89 013¥ NOTICE OF HEARINGS NO~ICE IS HEREBY GIVEN, p~uant to Scion 267 of die Town Law and ~e Code of die Tow~ of BOARD OF APPEALS at · Resular M~i~. at ~1~ Son~old Town Hall THURSDAY, APRIL 13, 1989, at the followi~ ~: ?:35 ~.m. Appl. No. 3832 -- JOHN FOI~BERG. V~nce to the Zoning Ordinance, Article XXIV, Se~m 100-242 (and Article ~I-A, Se~ion 10J}-3OA.3) for pem~ulon to ~muot deck(O to o. iaing ~in~le. .family dwelling mUoture, m~inuin- back ·s exisu at tbo westerly side. .~t ~ of pt~Gtu is noaconf~xn. mg at appmxlrtmely 11,500 sq. fi. in this R-40 Zoos Dimicc Locatio~ of Property: 1310 West Road, Cmchogu~. NY; County Tax Map No. 1(]00-110-5-12. · 7:40 ixm. AppL No. 3839 -- DI- ANE DUNBAR. Vafianc~ lo ~he Zo~ng Ordimn~, Article hi, Seaion 100-31 as disag~,,,~ed, Article Ill-A, GardIBay Estates, L~ 77 and part o'~1~; County Tax Map Patcid tached by a raised deck to the rear of the ex~sting dwelling. Lot area of Prenuse~ is nonconinm~n8 at 10,000 Location of Property: 1650 Gillette Drive, East Mnrlon, NY; Map of 8:00 p.m. AppL No. 3835SE -- previ~asly zooed C-Light Indust~al Z~ne D~stdet, now ~-zoned to ~ght Indue'iai, Article XIV, Section 100- easterly side of building (a use to bo · permitted use in this Zone District). Location of Property: 22355 C.R. ,~:t~ 100-242, for'~m amendment to prior Z.B,A. Appeal No. 376~. rendmv, d Octo~er 26, 1988, for em-/ struetinn of · ~ with deck County Tax Map Parcel No. 1000- with a lot area of 19,080 sq. ft. in 8:15 p.m. AppL No. 3819 RUTHANN BARTRA. Variance to Section 100-32, for approval of lot along the easterly side of Breakwater (or Lutbors) Road, Hamlet of Matti- R-gO Zaae District. 8:20 p.m. Appl. No. 3787 -- Zc~ng Ordinance, Ardcle HI.A, Sec.. ti~ I00-30A.3 fo~ approval of four parce~ with insufficient lot area in Sec6~ 100-30A3 and Anlcle XXIV, this pending mbdivi~ian located alaag Section 100-242B fo~ permission to the east side of !.~#1. Neck Road, the I~muses ts non- 'Map No. 1000-103-10-2. Total lot oonfe~rdn~ at 16,423d: square feel in this R-40 Zone D~tiet. Location of a~a: 6.039 acres. 'Fne premises is Pmpe~y: 615 Dogwood Lane, East l~atedin the R-8OZone Disttict/ff-O 8:30 p.m. Appl. No. Marioa: M.p of Oa~dinen Bay Es-. SHELDON HILLS as Trustee for tetes, Seetkm 2, Lot Nos. 98 and 99; Batlerama Corp. Employees Profit County Tax Map No. 1000-37-1-1L 7:45 p.m. Appl. No. 383~ -- PE- Sharing TmsL Variances requested to TER DESANCTIS. Variance to the reduce side yards to less than the re. Zoning O~in~, Anlde I~-A, See- quired 20 and 25 feet, and less than tiaa 100-3OA.3 fo~ approval of open the ~ 45 feet for both s~d~ymds, on deck addition with an insufficient set. this 2+ ac~ vacant parcel. Zone Dis. · triet: R-80. Location of Property: fo .rating at apptoximatcly 26,964 sq. off the norlh side of Sound Avenue, ft. m this R-40 Zone District. Loca- Mattituck, NY; C~nty Tax Map tion of Property: 380 Inlet Lane, District 10O0, Section 112, Bleck 1, 1OOO43-5.2. Board Approved Set-Off Map March ANNA SCHALLER. Variance to the Z~ing On,ante, Article 1~ Section . The Board of Appeals will at said XX/V, Seelion 100-2421] for pe~dis- heard in each of the abOve matters. naa to construct (garage) addition no~edy side [nope~y line and insof, subject hearing. Each hearing will not ficimt to,al ~ideyards. I~ a~a of slart before the time allotled. Addi- p~nises is nonconforming at ap- Im~ximately 11,718 sq. ft. in this R. · ,.,,. S~a S~&ls, noxt paoo STATE OF NEW ~ ) SS: COUNTY OF SUFFOLK) Maribeth Powers of Mattituck, ln said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattltuck, In the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, Ires been regula~y published in said Newspaper once each week for ~ weeks successively, commencing on the 6 day of 1%9 Continued from' j:)revious/bane Principal Clerk tional time for your pre.~enmtion win be available, if needed. For more in- formation, please call 765-1809. Dated: March 30, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRJNGER CItAIRMAN 6251-1TA6 uy L~da Kow~lsk~g Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 c:DUTHOLD, L.I., N.Y. 11971 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. TELEPHONE (516) 765 1809 April 13, 1989 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3834 PROJECT NAME: FRANKCURRAN This notice is issued pursuaht 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 ot~er department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] ~ype~II [ ] Unlisted [ ] DESCRIPTION OF ACTION:Amendment ko prior Z.B.A. Appeal No. 3769 for construction of a pool with deck and fence enclosure with insufficient frontyard setback and excessive lot coverage. LOCATION OF PROJECT: Town of Southold, County of,~ffolk, particularly knQwn as: 780 Haywat. ers,~oad, Cutchogue, more 1000-111-1-16 ' ' - REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessmeqt in the short form has been submitted which indicates that no ~ignificant adverse effects to the environment are likely to occur should this project'be imple- mented as planned; (2) The relief requested is~a ~etback varian'ce as regulated by Section 617.13, 6 NYCRR, SEQRA. FOR FURTIIER INFORMATION, I~LEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals$.Town H~ll, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to ~he applicant or his agent and posted on the Town Clerk Bulletin Board, Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOERRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICK[ JAMES DINIZI0, JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. 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, GERA}~D P. GOEHRINGER CHAIRMAN JUDITH T. TERRY To: From: Dated: Transmitted herewith is Zoning Appeal No. Environment East, Inc. (Frank Curran) OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk March 7, 1989 3834 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York i 1971 TELEPHONE (516) 765-1801 · application of 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 Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWiCKI JAMES DIN[ZIO, JR. April 13, S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION 1989 Notice of Determination of Non-Si~nificancm APPEAL NO.: 3834 PROJECT ~;Ab~: FRANK CURRAN 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 To~ of Southold. This board determines the within project not to have 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 similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION:Amendment to prior Z.B.A. Appeal No. 3769 for construction of a pool with deck and fence enclosure with insufficient frontyard setback and excessive lot coverage. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 780 Haywaters Road,. Cutchogue,'NY 1000-111-1-16 REASON(S) SUPPORTING TtIIS DETER~INATION: (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 FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town }[all, 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. I'PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR 1. APPLICANT/SPONSOR 2. PROJECT NAME 4. PRECISE LOCATION (Street address a~ road intersections, prominent landmarks, etc., or provide map) 5. IS PROPOSED ACTION: [] New ~ Expansion [] Modificatlonlalteratlon 6, DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED; Initially . ,~ % acres Ultimately · 3~ acres 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? ~ Residential [] Industrial [] Commercial [] AgRcullure [] Park/Forest/Open space [] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl STATE OR LOCAL)? [~Yes No If yes, list agency(s) and permit/approvals kl,"i~~, ~),~C. PP.o~Ec~T ..~ /O- g~- 11. DOES A~Y ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~Yes ~ No ff ye~, list agency name and permitlapprovat I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appllcantlsponsor name: E,~vl ro~el~'~ o %JF I nc, ~lgnature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form betore proceeding with this assessment I side) OVER I (Continued on reverse The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSNENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes ~NO 2. Will there be a major change to any unique or unusual land form on the site? Yes V No 3. Will project alter or have a large effect on an existing body of water? __Yes ~/ No 4. Will project have a potentially large impact on groundwater quality? Yes %/ NO 5. Will project significantly effect drainage flow on adjacent sites? Yes V 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- acter of the community or scenic views or vistas ~ known to be important to the community?' Yes NO 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Yes %/ No 10. Will project have a major effect on existing or future recreational opportunities? Yes J No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? .., Yes ~No 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 ~ No 14. Will project affect the existing community by directly causing a growth in permanent popula- ~ tion of more than 5 percent over a one-year Yes No period or have a major negative effect on the ~ charact~-~ of the community or neighborhood? 15. Is ~here pub~-~controversy~ concerning the ~ Preparer' s Signature :~/~ ? /~ Representing: /~ ~, CO~, ~ ~_~. Date: QUEoTIOJNAIRE TO BE COHPLETED AND SUBMITTED YOUR APPLfCAT~iON ["O~S '['O TiIE 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 ottler supporting documenta- tion. \ 1. Are there any proposals to change or alter land contours? Yes G 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Yes ~ b)Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing__s~n~u~tures at or below ground level, such as~a~ ~dati~n-~s~, ets? ~ No 4. Are there any existing or ~posed fen~ces~ cDncrete barriers, decks, etc? Y~ No 5. If project is proposed for an accessory building or structure, is 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 level? State total: ' ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes Yes Yes ~ Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit ~ and Nature: 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. ~o?~ Other Yes No Yes No Yes No Yes No 'Yes No ~ No Yes No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or pu~rchasers 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 ~ Yes 13. Please list present use or operations conducted upon the subject property at this time and proposed Please submit photographs [or the record. I certify that the above statements are true and are being submitted for reliance ~2/'~/°f/Appeals in considering my application. $igna~ur~ (Prop~er~y owher) -~(Au~norize~ Agent) 1/88 WETLANDs 8~ [Amended 8-2fi-7~; by LL ~ by L.L. N~. 6-19,~51: No. 2-1976: 3-2[;- A. TIDAL WETLANDS: (I) All lands genernlly c~ver.d or intermittently vow ered w/th, or which bord.r on, tidal waters, or l:mds ]YinK beneath t/da{ wn/er~, which aC mean Iow lide are covered by t/da/ w~iers to a max/mum depth of five (5) feet. includin~ but not limited ~ ban~s. bogs, salt marsh, swamps, mea~ ow~ fiats or Other low lying/ands sub,eot to tidal act/on: (2) All banks, bogs, meadows, fiats and ti, iai marsh subject ~ such tides and Upon which ~'rows or may grow some or any of the following: salt hay, black grass, saltwort, sea lavender, tall cord~rass, high bush. cattails, gro ndsel marshmallow and Iow march cordgrass; ami/or (3) AIJ land immediately adjacent to u tidal wetland as defined in Subsection A(2) and Jyin~ within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) ~Freshwa~r wetlands" us defined in Art/cie 2.1. Ti- tle 1. ] 24-0107, Subdivisions l(a) ~ l(d) inclusive. of the Environmen~l Conservation of New York: and La~v of the Sta~ (2) All land immediately, adjacent ~ a "freshwater wet- land," us defined in Subsection BiD and lying with- in seventy-five (75) feet landward of the most land- ward edge of a 'fresh ~veter wetland." 9705 III- /- LITTLE' Resid~i'icll Lo,. ;.~,~ ~ ~ Residential Lo~ D~ Residential Lo~ D~: Residential Lo- ~ Resider~ial L~ l)e~a Resort/Residential Residential/Office Limited Business Hamlet Business General Business Marine '1' Marine Tr Light Industrial/Office Light Industrial ALL PROPl I ///- /- BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Aooeals of the Town ~f ~thold : TO: NOTICE TO ~ ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That i~,..is~e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~ (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which ts the subject of the Petition Is located adlacent to your property and Is de~. / 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: "FI~,-,.4- o. ~,, \ 5, That the provisions of the Southold T0wrt Zo~linl{ Code applicable to the relief s0uaht by the under, signed are /Lrt:Lcle ~ ~tJ.m'l / ~ 0 - ~ I [ ] Section 280-A, New York Town Law for approva] of access over right(s)-of-wRy. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the' rich/to appear and be heard at such hearlnI. Dst.ed: ;,% ~ ~0, ~e~ Petitioner 0whets ' Names: Fe~ & ~.~ C~c~ Post Office Addrms Tel. No. (Gib) 73~ -Tq7q [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVlOED NOT FOR INTERNATIONAL MAIL (See Reverse) p 933 161 326 RECeiPT R~!~q"~'~T~F~D MA~L STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ' , beinl duly sworn, depo~ and ays that on the 7 day of ~ ~ ~ ,19 ~, deponent mailed a true copy of ~he Notice set forth on the r~ ve~ lade hereof, directed lo each of the above-named ~rsons at the addrea~l icl opposite lh~r re.clive name; that the addres~ ~et opposite ~he names of said Persons are Ihe addr~ of ~ald ~r~ons as Ihow~ o~ (certified) (registered) mail. / ~ ~ . ~1~ ~ NOTARY PUBLIC St~t~,o~ ~ew Yor~¢ Nc. 470787~, S~to,k C0u~ ~' ~ Notary Public ~m Excres M~ch 30, 19~ / (This side does not have to be completed on form transmitted to adjoining property owners.}