Loading...
HomeMy WebLinkAbout3779Sound Beach ~r. Matti~uck ~suff. smdeyard setback - ~ew dwell~_~ ~ - z2/~3/s4 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHA1RMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals blAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765 1809 ACTION OF THE BOARD OF APPEALS Application of PETER AND DESPINAMARKOPOULOS for a Variance to the Zoning Ordinance, Article III, Section 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of structure(s) with reduced sideyards, at premises known as Lot ~16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24. WHEREAS, a public hearing was held and concluded on October 6, 1988 in the Matter of the Application of PETER AND DESPINAMARKOPOULOS under Application No. 3779; 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 referred to as Lot #16, Map of Captain Kidd Estates, and is more particularly shown on the Suffolk County Tax Maps as District 1000, Section 99, Block 1, Lot 24. 2. The entire premises has frontage along the north side of Sound Beach Drive 50 feet in length and depth of 150 feet. The subject premises is presently improved with a new dwelling structure under construction as permitted by Building Permit #14198Z dated August 13, 1985. Page 2 - Appeal No. 3779 Matter of PETER AND DESPINA MARKOPOULOS Decision Rendered October 26, 1988 3. The subject parcel is presently improved with a new single-family dwelling as depicted on the September 1, 1988 survey prepared by Young & Young, L.S., showing setbacks: (a) at 5.4 feet from the closest point between the westerly side property line and the outer edge of the six-foot wide deck; (b) at 10.3 feet at the northeasterly corner of the dwelling at the easterly sideyard; (c) at 21.7 (10.3 & 11.4) for both sideyards. 4. Article III, Section 100-31, Bulk Schedule, Column "A-40" of the Zoning Code requires minimum sideyards at 10 feet and 15 feet for a total of 25 feet. By Appeal No. 3297, a conditional variance was rendered December 13, 1984, permitting the construction of a principal dwelling structure with sideyards at not less than 10 feet and 12 feet, and total sideyards at not less than 22 feet. By Appeal No. 3623, a conditional amendment was rendered on May 11, 1987, permitting the reduction of the sideyards at not less than 10.3 feet at the easterly side and not less than 11.7 feet at the westerly side, provided there be no further protrusion into either or both sideyards by any construction (inclusive of steps, etc). 5. The relief requested by this application is specifically the walkway and step areas as shown on the September 1, 1988 Survey submitted and considered under this application. 6. 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 walkway and step areas are the minimal necessary and the Board agrees the request is not unreasonable. 7. It is also the opinion of this Board that there be no further protrusion into either sideyard area to less than that shown on this September 1, 1988 Survey, including steps, stoops, decks, outside shower stalls, or any other obstructions. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance in the Matter of PETER AND DESPINAMARKOPOULOS for approval of the steps and walkway areas in the westerly sideyard area as applied under Appeal No. 3779 and shown by the September 1, 1988 Survey prepared by Young & Young, L.S., SUBJECT TO THE FOLLOWING CONDITIONS: Page 3 - Appeal No. 3779 Matter of PETER & DESPINAMARKOPOULOS Decision Rendered October 26, 1988 1. There be no further encroachment into either sideyard area; 2. The easterly sideyard area must remain open and free of obstructions at all times. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio. (Members Doyen and Sawicki were absent.) resolution was duly adopted. Grigonis and This lk GERARD P. GOEHRINGER, RECEIVhD AND FILED BY THE [:,OUTi-~.OLD TOY,q;: C;-E~:tlr~ Town Clerk, Town Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONI$ JR SERGE DOYEN. JR. 2CD'-~T J. JOSEPH H, SAWICK! MAIN R{~AD- STATE RI-lAD 25 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Sect: Law and the Code of the Town of Southotd, the will be held by the SOUTHOLD TOWN BOARD OF AP] Meeting at the Southold Town Hall, Main Road, SOUTHOLD, L.I.. N.Y, 11~'71 TELEPHONE (516) 765-1809 on 267 of the Town following hearings EALS at a Regular Southold, NY 11971, on THURSDAY, OCTOBER 6, 1988 at the following times: 7:35 p.m. Variance to the Zoning Ordinance, Article III, for the placement of a new dwelling structure setback from the front property line. Locatic Right-of-way located along the east side of Ce Southold, (just south of General Wayne Inn) ax easterly and thence southerly direction to on the Suffolk County Tax Maps as 1000-90-4-14 Appl. No. 3765 - JOSEPH SPITALIERE for a Section 100-31 with a reduced of Property: dar Beach Drive, extending in an parcel identified 7:40 p.m. Appl. No. 3768 - FRANK AND 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 ~°t coverage (over Page 2 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 20 percent), at premises known as 780 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01-016. 7:45 p.m. Appl. No. 3763 - JOHN J. JESSUP for a Variance to the Zoning Ordinance, Article III, Section 100-31 for construction of an addition at the westerly side of the existing dwelling with a reduction in the total sideya~ds, at premises known as 90 East Road, 1000-110-7-15. 7:50 p.m. Variance to the Appl. No. Cutchogue, NY; County 3759 - TONY SCARMATC ~ax Map INC. for a Parcel No. Zoning Ordinance, Article XI, for approval of gazebo structure with an insui from an existing bulkhead along Peconic Bay, 235 Huckelberry Mill Road, East Marion, NY; Parcel No. 1000-31-16-9. 7:55 p.m. AT SOUTHOLD~ Article III, Appl. No. 3755SE - TIMOTHY CO INC. Special Exception to the Zc Section t00-30C, for permission Section 100-119.2 ficient setback premises known as ounty Tax Map FEY AND THE COVE ning Ordinance, erect Page 3 Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals off-premises sign. Location of Property: Sol Road, Southold, NY; County Tax Map Parcel No. (Recessed from Prior Meeting). 8:00 p.m. Appl. No. 3758 - THEODORE KUD Variance to the Zoning Ordinance, Article III permission to construct open deck addition wi rearyard setback from existing dwelling, at ps Highwood Road, "Highwood at Ba~rview" Subdivisi Southold, NY; County Tax Map Parcel No. th Side of Main 1000-75-06-7.3. INSKI~ JR. Section 100-31 for an insufficient mises known as 605 ~n Lot No..8, 1000-78-9-50. 8:05 p.m. ELSIE D. YOUNG. Appl. No. 3760SE - Special Exception to the Zoning Ordinance for permission to establish Accessory Apartment in an existing dwelling structure in accordanc~ with the requirements of Article III, Section 100-30B, ~ubsection 15. Location of Property: 480 Grissom Lane, South01d,~-NY, County Tax Map Parcel No. 1000-78-1-10.3. Appl. No. 3761-V - Variance t¢ the Zoning Page 4 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals Building Inspector indicates dwelling met the Certificate of Occupancy had application been fashion. Location of Property: 480 Grissom NY; Ordinance, Article III, Section 100-30B(15){M~ to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of feq"uirernents for a ade in a timely ane, Southoid, County Tax Map Parcel No. 1000-78-01-10.3. 8:15 p.m. Ordinance, Article III, Section 100-31 for apl insufficient area and width of two propQsed p proposed set-off division of land, located alo Cutchogue, NY; County Tax Map Parcel No. 1000 Lot 5. JOHN T. BEEBE - Variances to the Zoning 8:20 p.m. ROBERT AND DIANNA BAKER. Spec ~oval of ~cels in this 5g Beebe Drive, -103-3-part of ial Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish Bed and Breakfast est~lishment in an ~iu~,dw~li~n~ ~n~Sp~e~ ~.291~0~I~ Avenue, Page 5 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals f8:30 p.m. Appl. No. 3779 - PETER AND DESPINA MARKOPOULOS or a Variance to the Zoning Ordinance, Article III, Section 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of structure(s) with reduced sideyards, at premises known as Sound Beach Drive, Mattituck, 1000-99-1-24. Lot ~16, Captain Kidd Estates, along the south side of NY; County Tax ~ap Parcel No. No. 3769SE - CUTCHOGUE F~R~S LTD. Special Exception to the 8:40 p.m. Appl. GRISTINA VINEYARDS). Article III, Section 100-30B for permission to at premises located along the north sid~ of th Cutchogue, NY; a/k/a Zoning Ordinance, establish Winery, Main Road, County Tax Map Parcel No. 1000-109-01-13. 8:50 p.m. Appl. No. 3764 - DENIS O'BRIEN for Variances to the Zoning Ordinance, Article III, Section 100~31 and Article XI, Section 100-119.1 for permission to erect tennis court with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premises identified ?n the Suffolk County Tax Maps as District 1000, Section 3, Block 3, Lot 3.5, along Private Road, Fishers Island, NY. Page 6 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:55 p.m. Appl. No. 3778 BRETT AND JA~ to the Zoning Ordinance, Article III, Section of Conditions rendered under Appeal No. 3641 c order to allow conversion of the subject build ET ~R~L- Variance 100-32 and removal n June 18, 1987 in ~lng as livable area in proposed reconstruction plan of dwelling, premises known as 5500 Main Bayview Road, Southold, NY; No. 1000-7B-4-32. 9:05 p.m. Appl. No. 3774SE - County S ASSOCIATES ~ax Map Parcel ID Special Exception to the Zoning Code, Article VII, Sec permission to construct addition to existing (maintaining the westerly yard setbackk for us of auto parts, added storage, and engine-rebui ding shop, premises located along the north side of the M~Lin Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-2-24. tion 100-70B for ~ilding, partly for sales at 9:15 p.m. Appl. No. 3776 - HOWARD AND MARGARET BRODIS. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(15) for permission to establish Accessory Apartment in a proposed addition to existing dwelling, at premises known as 435 Eastward Ct., Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. Page 7 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals The Board of Appeals will at said time ar and all persons or representatives desiring tc of the above matters. Written comments may a] prior to the conclusion of the subject hearing will not start before the time allotted. For please call 765-1809. Dated: September 16, 1988. place hear any be heard in each ~o be submitted Each hearing wore information, BY ORDER OF ~HE SOUTHOLD TOWN BOARD OF AP~ZALS GERAP~ P. GO~HRINGER, CHAIRMAN By Linda Kow~lski Notice to Newspapers: Please publish the above Legal Notice once, to September 29, 1988 and forward 11 Affidavits o Board of Appeals, Main Road, Southold, NY 119' wit, Thursday, Publication to: TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD. N.Y. NOTICE OF DISAPPROVAl File No ................................ Date PLEASE TAKE NOTICE that your application dated Horn/et for pemfit to construct, cfi.-...4~.....~~...~..o.~.. Location of Property . ~...~...'.'.~.... ~.~.. f.~..~.~f....-~. Hou$~o. ' Stree SubdMsJon' .................. Filed M~p No .............~... Lo~ ~o .................. is returned herewid, and di,approved on thc fi, llowin~ grounds ~.~~;~..~ ~..~..~..~.~.~. &~ .... ~..~ ....... / BuiJ~ng Inspector - Rtl 1/80 APPEAL NO. x~ .... ........................... MunicilSality THE ZONING BOARD OF APPEALS FROM THE DECISION OF APPLICATION FOR PERMIT NO ..................................... DATED WHEREBY THE BUILDING INSPECTOR DENIED TO DATE ....... ~ ...................... TO THE ZONING BOARD OF AP~EALS~ TOWN OF SOUTHOLD . Y. 1, (We) .. ~ ~ ..of ..~.~ ....... L.~ ......... Name' o~ Appella,nt u reet and Number .~.........HEREBY APPEL TO 'HE BUILDING INSPECTOR ON ................ ~"bF'X'~'~'i~T~gT~F~"' ............ o, ..... .... ........ Street and Number MunicipalJ State ( ) PERMIT TO USE ~ PERMIT FOR OCCUPANCY ( ) , 1. LOCATION OF THE PROPERTY .....~..~.~...,.~.R.~.~,~....~,Ef~: .. [.L:~.,.. L.~tL~ ........... Street /Hamlet Use District on Z~ing Mop District 1000 Section Block Lot C r nt ~/ .............................. ur e ~ner ~ Mop No, Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APP~LED (indicate the A~icle Secti~, Sub- section a~ragraph of the Zoning Ordinance by number. Do hal quote the Ordi.nance.) Article~ Section ~O~- ~ i TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ) A VARIANCE ~o the Zoning Ordinance or Zoning Map A VARIANCE due to lack Of access (State of New York r'own Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ) 4. PREVIOUS APPEAL A previous appeal (has) (h_qs _~ot) been rrade with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (/~0 request for a variance and was made in Appeal No..'..~....~....~....'~... ................ Dated ~'-//- ~' 7 REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ) A Variance to the Zoning Ordinance ) ~s requested for the reason that Form zBt (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or ~nPeces-i sary HARDSHIP because '"F'kc, s'~ ~ '~ ~ ~-~,~ ~,~e..', ~ ~~ ~ 2. The hardship created is UNIQUE and is not shared by all properties atike in the immediate vicinity of this property and in this use district because '~ ¢'-~q ~'~ ~-$ ~-nt ~ ~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) SS COUNT oF Signature~ Sworn to this ............... Z ........................... day of ....... REMARKS RECORD DISTRICT SUB. LOT /I ACREAGE ,/2' TYPE OF BUILDING MISC. Foundation Porch Porch Floors Interior Finish Roof Type Rooms '] st Fioo~' Rooms 2ad Floor / ./ / / rC HEALTH DEPARTMENT-OA?A FOR APPROVAL TO CONSTRUCT ~DDRESS NOTES: A = STAKE · = MONUMENT SUBDIVISION MAP FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON dAN. 19,1949 AS FILE .N0.1672 TOTAL AREA = 7500 S.E SURVEY FOR PETER MARKOPOLOUS LOT 16, "CAPTAIN KIDD AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY~ NEW YC ESTATES" YOUNGI & YOUNG ALDEN W. YOUNG, ?ROFESSIONAL ENGINEER AND LAND SURV~TOR H.Y.S. LICENSE NO. 12845 HOWARD W. YOUNG~ L~ND SURVEYOR N.Y.S. LICENSE N~).45893 SEPT. I., 1988 SEP~ 25~ 1987 dUNE 2~ t987 DATE: JUNE I 1986 SCALE= I" = $0~ NO. 86 - 556 400 OSTRANDER AVENUE RIVERHEAD~ NEW YORK DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN DIRECTOR OF PLANNING Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Co~ission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) etek & Sandra Curran r & Despina Markopoulos 3769 3779 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner TOWN'~ sOUTHdLD : ZONING BOARD OF APPEALS REGULAR HEARING OF THURSDAY, OCTOBER 6, 1988 Appl. No.: 3779 Applicant(s}: PETER AND DESPINA MARKOPOULOS Location of Property: Lot #16 S/s sound Beach Drive, Tax Map ID No.: 1000- 99-1-24 Mattituck October 6, 1988 Regular Meeting Present were: Chairman Gerard P. Goehringer; Member Charles Grigonis, Jr.; Member Serge Doyen, Jr.; Member James Dinizio, Jr. Absent was: Member Sawicki (due to serious family illness). Also present were: Board Assistant Linda Kowalski, and approximately 40 persons in the audience. The Chairman read the Legal Notice for this hearing, as published in the suffolk Times and L.I. Traveler-Watchman, Inc. CHAIRMAN GOEHRINGER: I have a copy of a final survey, most recent update is June 19th. I apologize. It's September 1, 1988 indicat- ing a two-story framed house and garage. And I believe the nature of this particular application would be the steps on the west side of the building. We have a Building Inspector here. Is that true Mr. Fischer on Markopoulos? MR. FISCHER: Yes. CHAIRMJtN GOEHRINGER: On the prior decision what we had don~ it restricted the steps. So we'll go with the people and ask them why they're here. How are you tonight? The nature of this appli- cation is what?' The steps on the west side. Ok. And you have only built the steps that lead to the deck area. You have not built the remaining steps that go alongside the building. Is that correct? MRS. MARKOPOULOS: No. CHAI~4AN GOEHRINGER: What you basically want to do is build the remaining steps that lead into the house. Is that correct? MRS. MARKOPOULAS: Yes. CHAIRMAN GOEHRINGER: Is there anything you'd like to say for the record? MRS. M-ARKOPOULOS: It's got to go all the way around in the fashion that we've taken. CHAIRMAN GOEHRINGER: It appears that you have 6 feet of steps as opposed to 3 feet which you are allowed and that was the reason, I assume, the denial by the Building Inspector. So it appears to be a little more sophisticated than what you have. The only other Page 2 - Thursday, ~ober 6, 1988 Public Hearing - PE~ AND DESPINA MARKOPOULOS · Southold Zoning Board of Appeals CHAIRMAN GOEHRINGER (continued): question that I wanted to ask you is; what is going on the east side of the building basically adjacent to the wood deck? Is there a shower or something that's going to be installed there. I saw some- thing ...... MRS. MARKOPOULOS: No. Not there. Yes it is on the east. CHAIrmAN GOEHRINGER: No, no. On your property; is there anything that's going to be built on the east side of the building at all? MRS. MARKOPOULOS: No. Just a shower. CHAI~.~N GOEHRINGER: How big is that shower going to be? Do you know? MRS. MARKOPOULOS: It's about 4 by 4. CHAI~4AN GOEHRINGER: We just wanted to know that because I did see the steel grommets in the cement. We thank you for discussing that with us. Is there anybody else that would like to speak in favor of this application? The question about the retaining wall in the back of the building, you had some logs back there that are used or utilized for a retaining wall. Are they going to be moved at all or are they going to remain stable? MRS. MARKOPOULOS: They're going to remain. CHAIRMAN GOEHRINGER: They're going to remain there. MRS. MARKOPOULOS: It's the retaining'wall. CHAIRMAN GOEHRINGER: It's the retaining wall to stop the erosion of the sand coming toward the house. Thank you. Is there anybody else who would like to speak against this application? Questions from Board members? Hearing no further questions, I'll make a motion closing the hearing reserving decision until later. Ail in favor - AYE. Page 3 - Appeal No. 3779 Matter of PETER & DESPINAMARKOPOULOS Decision Rendered October 26, 1988 1. There be no further encroachment into either sideyard area; 2. The easterly sideyard area must remain open and free of obstructions at all times. 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 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 -~OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCK( 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: X Variance from the Zoning Code, Article III, Section 100-31 Variance from Determination of South~ld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3779 Applicant: Peter and Despina Markopoulos [0cati0n Of Affected Land: Lot #16, Captain Kidd Estates S/S Sound Beach Driv County Tax Map Item No.: 1000- 99-1-24 Mattituck, NY Within 500 feet of: Town or Village Boundary Line X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary Other Rec Thruway State or Federally Owned Land of Existing or Proposed County, State or Federal Park or reation Area Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Lines, or Within One Mile of a Nuclear Power Plant __ Within One Mile of An Airport. COMMENTS: App walkways in or Drainage Channel Established Channel licant is requesting permission to construct steps and westerly sideyard area. Copies of Town file and related documents eHc]osed for your review. Dated: Noveraber 9, 1988 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. 11971 TELEPHONE (516) 765-1809 November 3, 1988 Mr. and Mrs. Peter Markopoulos 222-08 43rd Avenue Bayside, NY 11361 Re: Appeal No. 3779 - Variance Dear Mr. and Mrs. Markopoulos: Transmitted herewith for your file and perusal is a copy of the determination rendered by the Board of Appeals concerning the above application. Please be sure to return to the Building Inspectors' Office, and any other agencies which may be involved, for other actions or permits which are appropriate. Copies of this decision have also been furnished to the Building Department Office to update their files. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Building Inspectors Suffolk County Department of Planning Southoid Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS October 6~ 1988 GERARD P. GOEHRINGER, CHAIRMAN $.E.Q.R.A. CHARLES GRtGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ..~CDZ.~T'.~ DCU~LA39 JOSEPHH. SAWlCKI Notice of Determ~,nation of Non-Significanc~ APPEAL NO.: 3779 PROJECT NAME: PETER AND DESPINA MARKOPOULOS This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a sig..lifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application*pending for the same or simil&r project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION: Approval~ of structure(s) with reduced sideyards LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Sound Beach Drive, Mattituc~, NY 99-1-24 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Construction proposed is landward of existing structures. (3) 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 th& applicant or his agent and posted on the Town Clerk Bulletin Board. mc 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 APPEAL at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, OCTOBER 6, 1988, at the following times: 7:35 p.m. Appl. No. 3765-- JOSEPH SPITAL1ERE for a Variance to the Zoning Ordi- nance, Article Ill, Section 100-31 for the placement of a new dwelling structure with a re- duced setback from the front property line. Location of Pro- perty: Right-of-way located along the east side of Cedar Beach Drive, Southold, (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as 1000-90-4-14. 7:40 p.m. Appl. No. 3768-- FRANK AND SANDRA CUR- RAN for a Variance to the Zon- ing Ordinance, Article Iii, Sec- tion 100-31 for construction of a pool with deck and fence en- closure with an insufficient frontyard setback and excessive lot coverage (over 20 percent), at premises known as 780 Hay- waters Road, Cutchogue, NY; County Tax Map Parcel No: 1000-111-01-016. 7:45 p.m. Appl. No. 3763-- JOHN J. JESSUP for a Vari- ance to the Zoning Ordinance, Article Ill, Section 100-31 for construction of an addition at the westerly side of the existing dwelling with a reduction in the total sideyards, at premises known as 90 East Road, Cutch- ogue, NY; County Tax Map Par- cel No. 1000-110-7-15. 7:50 p.m. Appk No. 3759-- TONY SCARMAIL}. INit. for a Variance to the Zoning Ordi- nance, Article Xl, Section 100-119.2 for approval of gazebo ,. structure with an insufficient&' setback from an existing bolg-~ head along Peconic Bay, at pre- mises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. 7:55 p.m. Appl. No. 3755SE --TIMOTHY COFFEY AND THE COVE AT SOUTHOI D. INC. Special Exception to the Zoning Ordinance, Article ltl, Section 100-30C, for permission to erect off-premises sign. loca- tion of Property: South Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3. (Recessed from Prior Meeting). AppL No 3758-- THEODORE KUDLINSKI. JR. Variance to the Zoning Ordinance, Article Ill, Section 100-31 for permission to con- struct open deck addition with an insufficient rearyard setback from existing dwelling, at pre- mises known as 605 Highwood Road, "Highwood at Bayview" Subdivision Lot No. 8, Southold, NY; County Tax Map Parcel No. 1000-78-9-50. 8:05 p.m. ELSIE D. YOUNG. Appl. No. 3760SE--Special Exception to the Zoning Ordi- nance for permission to estab- lish Accessory Apartment in an existing dwelling structure in ac- cordance with the requirements of Article Ill, Section 100-3015, subsection 15. Location of Pro-. perty: 480 Grisson Lane, Southold, NY; County Tax Map Parcel No. 1000-78-1-10.3. Appl. No. 3761-V--Variance to the Zoning Ordinance, Ar(i- cie Ill, Section 100-30B(15)[M] to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of Building Inspector indicates dwelling met the requirements for a Certificate of Occupancy had application been made in a timely fashion. Location of Property: 480 Gris- son Lane, Southold, NY; Coun- ty Tax Map Parcel No. 1000-78-01-10.3. 8:15 p.m. JOHN T. BEEBE-- ~t Variances to the Zoning Ordi- nance, Article 111, Section 100-31 for approval of insuffi- cient area and width of two pro- posed parcels in this proposed set-off division of land, located along Beebe Drive, Cutffhogue, NY; County Tax'Map Panel bio. 1000al03-3-part of Lot 5. 8:20 p.m. ROBERT AND Dl- ~. Special Excep- tion to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Ave- nue, Southold, NY; County Tax Map Parcel No. 1000-55-6-9. ~ fKp8:30 p.m. Appl. No. 3779-- ETER AND DESPINA MAR- OPOULOS for a Variance to the Zoning Ordinance, Article Ill, Section 100-31 and prior Appeal No. 3623 rendered May I1, 1987 for approval of struc- ture(s} with reduced sideyards, at premises known as LOt #16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. x~000-99-1-24. 8:40 p.m. No. 3769SE--CUTCHOGUE FARMS LTD. la/k/a GRI:~- Special Exception to the Zoning Ordi- nance, Article Ill, Section 100-30B for permission to estab- lish Winery, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-01-13. 8:50 p.m. Appl. No. 37i~4 - DENIS O'BRIEN for Variances to the Zoning Ordinance, Arti- cle Ill, Section 100-31 and Ar- ticle XI, Section 100-119.1 for permission to erect tennis court with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suf- folk County Tax Maps as Dis- trict 1000, Section 3, Block 3, Lot 3 5 along Private Road,~ Fishers Island, NY. 8:55 p.m. Appl. No. 3778~ BRETT AND JANET KEHL-- Variance to the Zon~ nance, Article Ill, Section 100-32 and removal of Condi- tions rendered under Appeal No. 3641 on June 18, 1987 in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. 9:05 p.m. Appl. No. 3774SE--~ Special Exception to the Zoning Code, Article VII, Section 100-70B for permission to con- ~q struct addition to existing~4l building, (maintaining the west- · erly yard setback) for Use part- ly for sales of auto parts, added storage, and engine-rebuilding ' shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-2-24. 9:15 p.m. Appl. No~ 3776-- H,,OWARD'AND MARGARET BRODIS. Special Exception to the Zoning Ordinance, Article I11, Section 100-30B(15) for per- mission to establish Accessory Apartment in a proposed addi- tion to existing dwelling, at pre- mises known as 435 Eastward Ct., Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time al- lotted. For more information, please call 765-1809. Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski IX, 9/29/88 (50) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for.. , / weeks d~r~. .., ~ .<f...~.. ~.. Sworn to before me this c~C~ ~ ..................... day of Notary Pl:~o I ic ,~ c~ W. EOERC-E$SON Main Road, Southold, NY; j south side ot ~oun(~ ~eacn egai Notices NOTICE OF HEARINGS NOTICI~ IS H~pREBY'GIVEN. ~ursuant to Sec~ ~67 o~ the To~ .aw and the Code of the Town of ;omhold, the following hearings ~ ~ bcid by the ~ ~ at a Reg~ar ~ee~ng at tbe Southold Town H~E, laln Ro~d, Sonthold, NY 11971, on 7:35 p.m. AppL No. 3765 -- ~ for .~ Variance ~ the Zoning O~Enance, ~A~cie m, ection 100-31 fo~ the p]ac~n~ eat of a ew dwelling xtmctu~ with a redm~ed ~.thack from the f~nt pr~e~y line. ocation of Property: Right-of-way ~ach D~ve, Southold, (just smith of ~enetal Wayne Inn) and exte~n&in irection to this percel identified on ~e Suffolk Coonty Tax Maps as 7:40 p.m. Appl. No. 3768 -- R~N~ AND SANDRA CURR.~N ~r · Variance to thc Zoning Ordi- ~, Article ll~ Sec~on 100-31 for ~stmc6on of · pe~ with deck and ~ce enclosure with an insufficient on,yard setback and excessive lot )verage (over 20 percent), at -cruises knova~ as 7gO Haywaters oad. Cutchogue. NY; County Tax lap Palpal No. 1000-111-01-016. 7:45 p.m. AppL No. 3763 -~ =e Zoning Ordinance, A~icin III. x'tion 100-31 for c~mtmetie~'0f an lditinn at the westerly side of the ~ting dwdbng with a reduction in e tcsal sideyards, at premises known 90 East Road, Cutchogue, NY~ ~unty Tax Map Parcel No. 1000- 7:50 p.m. Appl. No. 3759 -- ')NY SCARMATO. IN(~ for · ciel ExCapO~ to the Zoning Ordi- nance, ARticle I~. Seetitm-100-30C, for permlssioq~vect off?remises sign. Locatital~Property: South Side of Main R'~d, Southoldl NY; County Tax Map Parcel No. 1000- 75-06-7.3 (Recessed from Prior Meeting). 8:00 p.m. AppI. No. 3758 THEODORE KUDLINSKI. JE Variance to the Zoning Ordinanv Article IX[, Section 100-31 for pea mission to construct open deck add ,lan with an insufficient rea,yard set back from existing dwelling, at premises known as 605 H~ghwood Road, #Highwood at Bayview" Suhdlvision Lot No. 8, Sou,hold, NY; County Tax Map Parcel No. 1000-78-9-50. 8.'05 p.m. ~ Appl. No. 3760SE -- Special Exception to the Zoning Ordinance for Fennission to establish Accessory Apartment in an existing dwelEn8 structure in accordance with the re~ Map Parcel No. 1000-55-6-9. fozEpS:30 p.m. ApFI. No. 3779 --.~.~ R AND DESPIN.~ ~ m' OULO~ for a Variance t~e ~ O~m~, A~e ~, 1~-31 md p~or A~ No. 362~ ~ May 1 I, 1987 for a~mv~ 'of ~s) ~ ~ si~, at p~mis~s known as ~t ~16, CapOn ~dd Estates, along south side of Sound Beach Drive, Matfituck, NY; County T~ Map Pa~ No. I~-99-1 te n~o of Mattltuek, In Ksworn, says that he/she is Principal TIMES, a Weekly Newspaper, qniremems of Article ITt, Section 100-30B, subsection 15. Locarion of Property: 480 Grissom Lane~ Sou,hold, NY; County Tax Map. Parcel No. 1000-7g-1-10.3. Alii. No. 3761 -V -- yariance to the Zoning Ordinance, Article/~, Section 100-30B(15){M] to allow c~version of dwelling for Accessory Apemneot with Certificate of Occu- pancy dated ufter Jamm~ I, 1984, al= though Affidev~t of Building Inspector indicates dweUing met the ~ qui~e~eots for a Cer~fic~t~ of Occm pancy had apl~cati~n been made in a innely fashion. Locati~m ef Preperty: 480 Grlssom Lane. Southold, NY; County Tax Map Parcel No. 1000- 78-01-10.3. 8:15 p.m. JO~N T. BEEBE -- Variances to the Zoning Ordinance, A~cie ~, Section 100-31 for proval of insufficient area and width of two proposed parcels in th~s pro- posed set-off div~ion of [and, located aleng Beebe Drive, Cotoho~ue, NY; 8:40 p.m. Appl. No. 3769SE --, C~CHOOUE EARAfS LTD, a/~/a In tho Town of Southold, County of GRISTINA VINEYARD:~), Special York, and that the Notice of which COl)Y, has been regularly published In :o each week for i weeks )nclng on the 29 day of Exception to the Zoning Ordinance A.~ic~e I~ Section 100-30B for per- mtssmn to establish Winery, at premises located along the north side of the Main Road. Cutchogue, NY; County Tax Map Parcel No. 1000- 109-01-13.' 8:50 p.m. Appl. No. ~764 -- ]~]]].~ for Variances to the Zoning Ordinance, Article ]~, Section Principal Clerk ~MARY K. DEGN~N  NOTARY PUBLIC, State 0l Ne~ York Suffolk County Na ag4~,60~ 100-31 and Article X[, Section 100- llgA for permission ~o erect tennis /..~'~court with 10-ft. high fencing and gazebo structure in m a~.a other than the Iv.~inmd ma~yard, at pren~ses identified on the Suffolk County Tax Maps ~s District 1000, Section 3 Block 3, Lot 3.5, along Private Roa~ 8:55 p.m. AppL No. 3778 -- Variance to the Zoning Ordinance, ARt/cie l[I. Section 100-32 and re- moval of Ca,dj,ions rendered under Appeal No. 3641 on Iune 18. 1987 in order to allow conversion of subject building as livable M~a in proposed reoonstmction plan of dwelling, at premises known as 5500 Main Bayview Road, Sonthold, NY; County Tax Map Parcel ID No. 1000-78-4-32. 9:05 p.m. AppL No. 3774SE --H & S ASSOCIATES Special Ex- ceptin~ to the Zoning Code, Article ariance to the Zoning Ordinance, County Tax Map P~rcel No. 1000- ~cie XI, Sectinn 100.119.2forap. ~9 103-3-par,of LOtS. oval of gazebo atructur~ with an ~ ~ufficient setback from an existing 8:20 p.m. ~~- dkhead along Peconic Bay, at ~SpecialExcaprionin .mfises known as 235 Huckelbutry the Zoning Ordinance, Article I~, t~ Road, East Marion, NY; County Section 100-30B(16) for permission ,x Map Parcel No. 10(]0-31-16-9. to estabEsh Bed and Breakfast estab- lishment in an existing dwelling, at 7:55 p.m. Appl. No. 3755SE .-- premises known as 2900 Boisseau MOTHY COFFEY AND THE VII, Section IO0-70B for permisrion to construct addition to existing ~f building, (maintaining the westerly yard setback) for use partly for sales of auto pans, added storage, and en- gine-rebuilding shop. at premises lo- cated along the north side of the Main Road, Cutehogue. NY; County Tax Map Parcel No_(1000-102.2-24. )VE AT SOUTHOLD. IN(~, Spe- Avenue, Southold, NY; County Tax 9:15 p.m. AppL No. 3776 -- HOWARD AND MARGARET BRODIS, Special Exception to the Zoning Ordinance, Article HI, Sectic~ 100-30B(15) for permission to estab- lish AccessorZ Apanmont m a pro- posed addition to existing dwelling, at preRllses known as 435 Eastward Ct., Mattltuck, NY; County Tax Map Parcel No. 1000-115-7-9. · The Board of Appeals will at said ume and place hear any and ali per- sons~or representatives desiring to be heard in each of the above matters. Written comments may also ~e sub- mitted prior to thc conclusion of the subject hearing. Each heating will not start before the time allotted. For more information, please cae 76.5- 1809. Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGF~R, CHAIRMAN By Linda Kow~ski 6071-1TS29 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. ~l'lCJ'7~l TELEPHONE (516) 765-1809 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. ~ Someone should appear in your behalf during the public hearing. Questions may arise from Board Members or persons in the audience during the hearing. Your hearing is expected to start at the time advertised in the Legal Notice, and you will not be required to appear earlier. Please feel free to call our office prior to the hearing date if you have any questions or wish to review your file. Yours very truly, GOEHRINGER GERARD P. CHAIRMAN lk Copies to the following on or about 9/21/88: Mr. Joseph Spitaliere (picked up personally 9/21/88) Environment East, Inc. as Agent for Frank and Sandra Curran as Agent for John J. Jessup 3075 Indian Neck Lane Peconic, NY 11958 J. Kevin McLaughlin, Esq. as Attorney for Tony Scarmato, Inc. 828 Front Street, Greenport, NY 11944 Mr. Wilbur Klatsky, The Cove at Southold, 5044 Expressway Drive South, Ronkonkoma, NY 11779 Mr. and Mrs. Alvan Terry, Box 35, Main Road, Peconic, NY 11958 Re: The Cove at Southold - Sign Mr. Theodore S. Kudlinski, Jr. 605 Highwood Road, Box 1052, Southold, NY 11971 Mrs. Elsie D. Young 480 Grisson Lane, Southold, NY 11971 Abigail A. Wickham, Esq. as Attorney for John T. Beebe Main Road, Box 1424, Southold, NY 11971 Mr. and Mrs. Robert Baker 2900 Boisseau Avenue, Southold, NY 11971 ~.~r. and Mrs. Peter Markopoulos 605 Sound Beach Drive, Mattituck, NY ~1951 Richard F. Lark, Esq. as Attorney for Cutchogue Farms Ltd. Main Road, Box 973, Cutchogue, NY 11935 J. Kevin McLaughlin, Esq. as Attorney for Petrol Stations Re: Cutchogue Farms Ltd. 828 Front Street, Box 803 Greenport, NY 11944 Mr. Allan P. Shope as Architect for Denis O'Brien 18 West Putnam Avenue Greenwich, CT 06830 Mr. and Mrs. Brett Kehl 5500 Main Bayview Road Southold, NY 11971 Mail List continued for October 6, 1988 Legal Notice: H & S Associates P.O. Box 915 Cutchogue, NY 11935 Mr. and Mrs. Howard Brodis 435 Eastward Court Mattituck, NY 11952 Suffolk Times, Inc. Main Road Mattituck, NY 11952 L.I. Traveler-Watchman, Traveler Street Southold, NY 11971 I~lc. Individual ZBA files ZBA Members Building Department (V. Lessard) Supervisor and T.B. Members Town Attorney Town Clerk Bulltin Board (west side) Z.B.A. Bulletin Board (east side) JUDITH T. TERRY TOWN CLERK To: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road P.O. Boxl179 Southold, New York 11971 TELEPHONE (516) 765-1801 From: Judith T. Terry, Southold Town Clerk Dated: September 8, 1988 Transmitted herewith is Zoning Appeal No. 3779 Peter and Despina Markopoulos 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 Clerk · PROJECT I.D. NUMBER Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR I 2. PROJECT NAME 3. PROJECT LOCATION: 4. PRECISE LOCATION {Street address and road intersections, prominenl landmarks, etc., or provide ma~) SEQR 5. IS PROPOSED ACTION: [] New [] Exbanslon [] Modification/alteration 6. D CRIBE PROJECT BRIEFLY: ~ , 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9. WHAI IS PRESENT LAND USE IN VICINITY OF PROJECT? ~R~sidenlial [] Industrial [] Commercial [] Agncullure [] 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 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If yes, list agency name and permitlapproval 12. AS A RESULT OF PROPOSED ACTION WILL EX~STING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appricantlsponsor name: Date: Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER I (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an enviro'nmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessmen~ 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes ~NO 2. Will there be a major change to any unique or unusual land form on the site? Yes ~No 3. Will project alter or have a large effect on an existing body of water? __Yes 4. Will project have a potentially large impact on groundwater quality? ~Yes ~ No 5. Will project significantly effect drainage flow on adjacent sites? , Yes J 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 %1 No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologi=al importance or any site designated as a critical envircamental area by a local agency? _~Yes No 10. Will project have a m~jor effect on existing or future recreational opportunities? Yes ~No i1. 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 there public controversy concerning the project? Yes ~No Preparer' s Si~n atur e :~4~ 4~ Representing: Oate: BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter m' the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE ~ TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a.(Variance) (Special Exception) (Special Permit) (Other) [circle choice] ). That the property which is the subject of the Petitio~kis located ad acent ~tp your ~p~/OCD. erty and is des- cribed as follows: /~' ~©~IAC~ ~C~ ~ ~~( 3. That the property v~hich is.fh~e~su/~ject of such Petition is located in the following zoning district: 4. That by such P,e,ition, the undersigned will request the follow, in, relief: ~ Al! ~ i ~ I I ' $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section !0~ - ~ I [ ] Section ZS0-A, New York Town Law for approva] of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: t I Petitioner Owners'Names: Post Office Addr~s Tel. N0. (~iL [Copy of sketch or purposes.] plan showing proposal to be NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL R~CEIPTS P %2~%~62 860 RECEIPT FOR CERTIFIED MAIL N0 ~NSURANCE COVERAGE PROVIDED NOT FOR INTERNATrONAL MAiL (See Reverse) Code P 933 162 936 RECEIPT EOR CERT~F~EO MA~L NO INSURANCE COVERAGE PROV~DEO NOT FOR INTERNAT~ONAL MAIL (See Reverse) RECEIPT FOR CERTIFIED MAIL NOT FOR ~NTERNAT~ONAL MAIL (See Reverse) PC STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.; ~Ct.~/.~ ~[' ~ /VL~ /1' 3 ~ / . being duly sworn, deposes and says that on the ~ i day of .c:~,~ / O/rn/~a~._ ' ,19 r-s-~c , deponent mailed a true copy of the Notice set forth on the re~ verse side/hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the currept assessfnept roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at x'/~ ~ /[/d ; that said Notices were mailed to each of said persons by (certified) (registered) mail. -- Sworn to before me this ~ day of~.~,~.~_ , 19 ¢~¢:~ NCotary Public (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD ~ln the M~atter m the ~tition of : to the Board of Apl~eals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [¢±rcZe oho±eel ). 2. That the property which is the subject, of the Pxtitiq~ is I(~cated adjacent to your property and is des- cribed as follows: ~O-~- ~) ~.~.~v~ ~:~_ ~ ~,~ 3. ~at the~.L/~ ~-~/'. ~Pr'°'perty which is the ~_subject 4. T. halt by ~uch~Petiti~n, the undersigne~ will request the following rel~f/: . of such Petition is located in the following zoning district: $. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section [ ~ C3 / [' ] Section 280-A, New York Town Law for approval of access over r~ght(s)-of-wa~v. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southoid Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (51_6) 765-1_809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Owners 'Names :~)~-% er Post Office Address Tel. No. (~1~) [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTJCF ATTACH CERTIFIED MAIL RECEIPTS STATE OF NEW YORK ) COUNTY OF SUFFOLK) , residing at , being duly sworn, deposes and says that on the day of ,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 persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of ,19 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.} BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter or the Petition of : to th~ Board of ~p als of the lown of $outhold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [¢±r¢le cho±¢e] ). 2. That the propers which is t,l~e subject oft,he Petitipn is located adjacent to ¥o, ur, p.~aperty/and is des- 3. That ~¢ property whi,ch Ls the subject of such Petition is located in the following zoning district: , I 4. That b~ such. Petition, the upd~'rsigned will~ request the f¢~in~ relief: , -- ¢ / / / $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are A:~cle i~,LL ~t_L~ /~o O- -~ ~ [ ] Section 28~A, New York Town Law for approval of access over r~ght(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the 5outhold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 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 qotice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town Of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Owne rs 'Names: Ce-~e_r ~-.~.~¢~ \ n.~.,~ .~c.~ ~-ot ,,jo~ Post Office Address Tel.-No. ~ ) ~_ 7~ [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OFSUFFOLK) , residing at , being duly sworn, deposes and says that on the __ day of ,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 persons are the addresses of said persons as shown on the current assessment roil of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of ,19 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.} BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter m the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [¢±r¢.1e cho±¢e] ). 2. That the property which is the subject of the Petition is located ~adjacent to yqur pr~op,er4~v~and.,is des- cribed as follows: ~'C?..~- .f>O~cf ~:~_~,~d-~ ~i ~ ~/'~/~ 3. That the pro. l?erty wh, jFh is tl~e~ubjec,t of Fuch Petition is located in the following zoning district: 4. That by such Petition, the undersigned will reques[ the following relief: , n, ~ I / L / / $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- Article ~ Section I OO- ~5 I signed are [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (5'16) 765-].809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ~?~ Petitioner Owners'Names: Post Office Address Tel. No. [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS STATE OF NEW YORK ) COUNTY OF SUFFOLK) , residing at , being duly sworn, deposes and says that on the day of ,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 persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of ,19 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~,~ITH Y©U?, APPLICAT~[ON l.'(31~lS 'FO T:IE i~t):\RD ~3F APPEALS Please complete, sign and return t~ the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to, depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes ~ 2.a)Are there any areas which conu~in 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 structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, cpncrete barriers, decks, etc? 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. 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: e~s jNo Ye~ No Yes Yes ~ Yes ~ Yes ~ Do state whether or not applications arc. 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 ~ Yes ~ Yes ~ Yes ~ Yes ~ 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes 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 app%ication to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes ~ 13. Please list present use or operations conducted upon the subject property at this time ~c~ ~,%~ ~ and proposed ~$~ ~,~.~. Please submit photographs for the record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application. Signature ) (Au~horizeu AgenU) 1/88 WETLANDS [Amended bl-_fi-,i, hy L.L. No. 2-1976; 3-26- 85 hy L.L. Na. 6-1985]: A. TIDAL WETLANDS: (I) All lands ~enernlly cover.d or intermittently cov- ered with, or whict~ bord~.r on, tidal waU~r:~, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, ine/oding but not limited ~ banks, bogs, salt marsh, swaml~s, meadow,, flats or other low lying lands subject to tidal action: (2) All banks, bags. meadows, flats end tidal marsh subject ~ such tides and ul~on which grows or may grow some or any of the following: salt hay, black grass, saltwort, sea lavender, tall eordgrass, high bush, cattails, gronndsel, marshmallow and Iow march cordgrass; ami/ar (8) All land immediately adjacent to a tidal wetland as defined in Subsection A~2) and lying w/thin seven- ty-five (75) feet lamlward of the most landward edge of such a tidal wetland. ~RESHWATER WETLANI)S: (1) "Freshwa~r wetlands" as defined in Article 2,1, Ti- tle 1. ~ 24-0107, Subdivisions l(a) ~ l(d) inclusive, of the Environmen~l Conservation Law of the Sta~ of New York: and (2) Ail land immediately adjacent to a "freshwater wet- land," as def/oed in Subsection 13(I) and lying with- m seVenty-five (75) feet landward of the most land- ward edge of a "fl'eshwmer wetland." 9705