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HomeMy WebLinkAbout3793 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 SDUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 ACTION OF THE BOARD OF APPEALS Appeal No. 3793: Application of JAMES MANOS for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2C for permission to rebuild deck structure with 30+- sq. ft. expansion, within 75 feet of the nearest freshwater wetlands near Great Pond. Location of Property: 2147 Lake Drive, Southold, NY; County Tax Map District 1000, Section 59, Block 5, Lot 2.2; also known as Lot #4 on the Minor Subdivision Map for Philip Druhl, Planning Board File No. 22, endorsed March 24, 1970. WHEREAS, a public hearing was held on December 8, the Matter of the Application of JAMS$ M^N0$ Appeal No. 3793; and 1988, in under WHEREAS, at said hearing all those who desired to be heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the west side of West Drive, in the Hamlet of Southold, Town of Southold, is referred to as Lot No. 4 on the "Map of Minor subdivision Land of Philip Druhl" as surveyed January 22, 1970, and is identified on the Suffolk County Tax Maps as District 1000, Section 59, Block 5, Lot 2.2. 2. The subject premises contains a total area of approximately 23,000 sq. ft., lot width of approximately 103.86 feet, average lot depth of 276+_ feet, and is improved with a Page 2 Appl. No. 3793 Matter of JAMES MANOS Decision Rendered December 16, 1988 single-family, split-level frame dwelling, all as more parti- cularly shown on the copy of survey dated August 30, 1974, prepared by Roderick VanTuyl, P.C. 3. By this application, appellant requests a Variance from the Provisions of Article XI, Section 100-119.2C to reconstruct open deck addition and expanding same 30 square feet and leaving a scaled setback at 38 (or more feet), at its closest point from the edge of shoreline, shown on the August 30, 1974 survey. The setbacks provided and requested by applicant from the closest point of the deck area are: (a) 47'6" from the nearest wetland grass area; (b) 33' to the closest step of staircase leading to existing dock; (c) 48 feet from the deck to existing dock structure. 4. Article XI, Section 100-119.2C of the Zoning Code requires all buildings and structures located on lots adjacent to any freshwater body shall be set back not less than seventy-five (75) feet from the edge of such water body or not less than seventy-five (75) feet from the landward edge of the freshwater wetland, whichever is the greater. 5. The dwelling was constructed prior to the enactment of Section 100-119.2C of the Zoning Code by Building Permit 97189 dated April 19, 1974, with setbacks of 14 feet from the easterly side property line, 17 feet from the westerly side property line, 38+- feet from the shoreline, and 143+- feet from the front property line. 6. For the record it is noted that there will be no excavating or similar activities seaward of the existing deck area. 7. It is the position of this Board that in considering this application: (a) the relief if granted will not alter the essential character of the neighborhood; (b) the difficulties are uniquely related to the property and are not personal in nature; (c) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (d) that the variance requested is not substantial in relation to the existing construction and is reasonable under the circumstances; Page 3 - Appeal No. 3793 Matter of JAMES MANOS Decision Rendered December 16, 1988 (e) that the relief as requested will not alter the essential character of the neighborhood; (f) in view of all of the above, the interests of justice will best be served by granting the relief requested, conditionally noted below. as Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3793 in the Matter of the Application of JANES MANOS for reconstruction of an existing deck and 30 sq. ft. expansion at rear of the existing dwelling as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck not extend any farther than the existing deck, with the exception of the 30 sq. ft. expansion along the east side on a diagonal to window, as applied; 2. There be no excavating or disturbance of the land area between the deck and Great Pond; 3. The deck remain open and unroofed, as applied (except that a temporary/seasonal awning may be permitted). vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Member Doyen of Fishers Island was absent due to serious family illness.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN Southold Town Board of Appeals MAIN ROAD- STATE RrlAD :~5 SOUTHOLD, L.I., N.Y. 11921 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE OOYEN, JR. JOSEPH H. SAWlCK[ JAMES DINIZIO, 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, DECEMBER 8, 1988 at the following times: 7:30 p.m. Appl. No. 3803 - JAMES AND PHILOMENA MONICA. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of deck with an insufficient rearyard setback. Location of Property: 545 Bay Haven Lane, Southold, NY; Terry Waters Map No. 2901, L0t 42; County Tax Map District 1000, Section 88, Block 4, Lot 31. 7:35 p.m. Appl. No. 3792 - NICK THEOPHILOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2A for permission to locate swimmingpool with fence enclosure with an insufficient setback from average line of bluff along the Long Island Sound. Location of Property: 450 The Strand, East Marion, NY; Pebble Beach Farms, Inc. Subdivision Lot #135; County Tax Map District 1000, Section 21, Block 5, Lot 5. Page 2 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 7:37 p.m. Appl. No. 3791 - JAMES H. BERGERON. Variance to the Zoning Ordinance, Article III, Section 100-30A(1) and Article XI, Section 100-118, for permission to rebuild existing nonconforming single-family dwelling. Location of Property: 185 Riley Avenue, Mattituck, NY; County Tax Map District 1000, Section 143, Block 4, Lot 29. 7:40 p.m. Appl. No. 3795 - PETER AND DOROTHY MICCICHE. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct detached garage in an area other than the required rearyard. Location of Property: 270 Private Road #12, Southold, NY; County Tax Map District 1000, Section 78, Block 6, Lot 4.1. No. 3793 - JAMES AND STELLA MANOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(C) for permission to rebuild deck structure with sq. ft. expansion, within 75 feet of the nearest freshwater wetlands near Great Pond. Location of Property: 2147 Lake Drive, Southold, NY; 30+- County Tax Map District 1000, Section 59, Page 3 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals Block 5, Lot 2.2; also known as Lot #4 on the Minor Subdivision Map for Philip Druhl, P.B. File #22, endorsed March 24, 1970. 7:50 p.m. Appl. No. 3804 - ELLEN BLACK GUYTON. Variance to the Zoning Ordinance, Article III, Section 100-32, and Article XI, Section 100-118, for permission to rebuild nonconforming accessory (storage-garage) building in the frontyard area. Location of Property: 3331 Private Right-of-Way extending off the west (northwest) side of Grand Avenue, Mattituck, NY; County Tax Map District 1000, Section 107, Block 01, Lot 11. 7:55 p.m. Appl. No. 3794 - JERRY AND MARY GEORGES. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition(s) to existing dwelling with an insufficient setback from the top of bank along the Long Island Sound. Location of Property: 18565 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block 01, Lot 22.1. Page 4 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 8:00 p.m. Appl. No. 3734 - KATHRYN FLEET. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area, width and depth, of two proposed parcels in this pending division of land. Location of Property: Road, Cutchogue, NY; Block 11, Lot 19.1. North (Northwest) Side of Old Pasture County Tax Map District 1000, Section 103, 8:05 p.m. Appl. No. 3780 - ARMANDO CAPPA. Variance to the Zoning Ordinance, Article III, Section 100-30C, for permission to erect ground sign, advertising off-premises business ("Ciccilino," Fine Italian Dining). Location of Property: South Side of Main Road and North Side of Old Main Road, Southold, NY; County Tax Map District 1000, Section 56, Block 6, Lot 11.1. 8:10 p.m. Appl. No. 3805 - PAUL AND MARGARET KAYSER. Variance to the Zoning Ordinance, Article XI, Section 100-119.2B for permission to construct deck addition with an insufficient setback from existing bulkhead. Location of Property: 1005 Mill Creek Drive, Southold, NY; County Tax Map District 1000, Section 135, Block 3, Lot 39. Page 5 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 8:15 p.m. VICTOR AND LINDA CATALANO: (a) Appl. No. 3800 - Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to locate swimmingpool, accessory to the existing residence, in an area other than the required rearyard. Location of Property: West Side of Private Right-of-Way extending off the South Side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.2. (b) Appl. No. 3799 - Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-31, for permission to construct principal building for use as a poolhouse/cabana, accessory to adjoining residence, with an insufficient rearyard setback. Location of Property: South Side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.1. Page 6 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 8:20 p.m. Appl. No. 3796 - ALFRED FALKOWSKI. Special Exception to the Zoning Ordinance, Article IX, Section 100-90 for permission to construct office building with storage upon this 6+-acre parcel. Zone District: "C-i" General Industrial. Location of Property: 8595 Cox Lane and the Southwest Corner of Oregon Road, Cutchogue, NY; County Tax Map District 1000, Section 083, Block 3, Lot 4.6. 8:30 p.m. Appl. No. 3807 - MOHRING ENTERPRISES, INC. Variance to the Zoning Ordinance, Article XI, Section 100-119 and Article III, Section 100-31, Bulk Schedule, for permission to locate new dwelling with an insufficient rearyard setback on a lot which has frontage along three roads: North Bayview Road, Pine Neck Road, and Kimberly Lane, Southold, NY; Subdivision Lot No. 20, Map of Paradise By the Bay; County Tax Map District 1000, Section 70, Block 13, Lot 20.20. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: November 22, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski Please publish the above Legal Notice on or before December 1, 1988 and forward one Affidavit of Publication together with your voucher on or before December 6, 1988. Thank you. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ... ~..~..~./..~. .............. , 19 .~..,~. To ~ry W44.. o..~...a~., a~. .......... PLEASE TAKE NOTICE that your application dated ~/~/~ ~ ~ ~ '~'~e'~ ........ ,~ ..... ,or p~=. to ~~~...~...~~ ....................... ~ Location of Property ..~.(.~ ........... ~ ~ ~~~ Hoose ~o. ' Street ............. County Tax Map No. 1000 Section ~ .. Block ~ Lot .~c .~ Subdivision ................. Filed Map No ................. Lot No. ' is returned herewith and disapproved on the following grounds. ~..~. ~... ~~~...~~ .... ~.~..~~.... ~ ~~.-~~~ ......................... I~specto~ RV 1/80 · row~ o~ sou'r,ok~.~?~,.' APPEAL FROM DEaS~ON O~ BUiLDiNG ~NSPECTORTo~ DATE ............................... TO THE ZONING BOARD OF APPEALS, TOWN ~¢D~l~l,lll~l~'ll Name of Appellom Street and Nun~l~r ......... ................................................. TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED..~..~..../~....~...~...~./~.~....~....~../.~..~.7 WHEREBY THE BUILDING INSPECTOR DENIED TO ......... ................. Name of Applicant for permit ...................................................... , ............................... , ........................... 4/..Z. Street and Number ! Municipality / State / / ( ) PERMIT TO USE ( 1. LOCATION OF THE PROPERTY ~../.~.'7 Street /Hamlet. / U~ District on Zonin~ Map .D.i..s..t. :!.c..t....?,O.,O....S..e..c..t..!.°..n...~.~....B1..°..c..~..2~:.~... C u r r e n t O~ner Map No. ~' Lot No. Prior 0~ner ~,'~l/-/~l? 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article S~ction, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ~tic~e )~ ~ Section /~-' //~'. ~ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) 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 (/V/) Art. 16 Sec. 280A Subsection 3 3'"~-CT{O~I / g ~ --/. / ~l , 4. PREVIOUS APPEAL A previous appeal ~J~(hos not) been mode with resl~ct to this decision of the Building Inspector or with respect to this property. Suc~ appeal was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ) A Variance to the Zoning Ordinance requested for the reason that ~~ ~c~p~ ~/~ ~/~1o~ ~ ~.~~~ ~/c~ ~ou~ [~ontinue on other siae/ REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE OPIDINANCE would produce practical difficulties or unneces- sary HARDSHIP because GOAt T'/A/~/~T'~;~ /~-(.,~ ~y- O~.~ ~tST~ ~ ~l~ bd~~ ~ ~ ~- T~ PR~P~ ~. 2. The hardship created is UNIQUE and is not shared by all properties ojke in the imme~iiate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~ ~'~ STATE OF NEW YORK ) couNTY oF% (ld ss Sworn to thi~ ............................ (.,~.' ...... t ...... day Notary Public CLAIRE L GLEW NMIfy I~Jblic, State of New Yo~ C~m~' No. 4~79606 / Iifle(I in Suffolk ~,u,~, ~, zTOWN OF SOUTHOLD PROPERTY R~.C~ORD CARD WNER STREET VILLAGE DIST. SUB. LOT ,~/', ,q.;j:, ^ ,;, C ,' '~ - :?"£? i';.; .'/ ..5' fI'/ /2 A,/D ,~ ~ L,J F .~'0,.~:;(,~ ~-;...'~ E ACR. DRMER OWNER N A~ ~ ~ ~ S W ~PE OF BUILDING ~/~ 'S~S. VL. FARM COM~. CB. MICS. ~kt. V~lue ~N~ IMP. TOTAL DATE ~RKS ,ble ~ FRONTAGE ON WATER ~land FRONTAGE ON ROAD ~dowlond DEPTH Plot BULKH~D COLOR TRIM M. Bldg. Extension Extension Extension Po~h I~c i, Foundation Basement Ext. Walls .~au BZ ~ Bath Floors Interior Finish Breezeway Fire Place qeat Garage Type Roof ~,ooms 1st Floor Patio Recreation Room Rooms 2nd Floor O.B. Dormer Total Driveway /L Dinette LR. FiN. B :£ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK (~, HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN DIRECTOR OF PLANNING January 10, 1989 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) dames & Stella Manos 3793 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ~C~T J. ~CUCLA£~ JOSEPH H. SAWlCKt James Dinizio, Jr. Pursuant to Article XlII Board the following to the Suffolk County of the Suffolk County of Appeals of the Town of Southold, New York, x Charter, the hereby refers Planning Commission: Variance from the Zoning Code, Article ×I , Section 100-119.2(C) Variance from Determination of SouthOld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3793 Applicant: James and Stella Manos Location of Affected Land: 2147 Lake Drive, Southold, NY County Tax Map Item No.: 1000-59-5-2.2 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owned Land State or Federal Park or or Existing or Proposed Right-of Way of Any Stream or Drainage Owned by the County or for Which The County Has Established Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. Channel Channel COMMENTS: Applicant is requesting permission to rebuild deck structure with 30 sq. ft. expansion within 75 feet of wetlands Copies of Town file and related documents enclosed for your review. Dated: January 3, 1989 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DIN[ZIO, JR. Southold Town Board of Appeals HAIN ROAD- r~TATE ROAD 25 SOUTHOLD, L.I., N.Y. llSl?l TELEPHONE (516) 765 1809 December 30, 1988 Mr. James Manos P.O. Box 1543 Southold, NY 11971 Re: Appeal No. 3793 - Variance Dear Mr. Manos: Transmitted herewith for your perusal and file is a copy of the determination rendered by the Board of Appeals at our December 16, 1988 Special Meeting. Please be sure to return to the Building Department and any other agency which may have jurisdiction for issuance of additional documents which may be necessary. A copy of this decision has 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 5 Viking Road Glenwood Landing, December 12, 1988 New York 11547 Board of Appeals Southold Town Hall Gerard P. Goehringer, Chairman Main Road - S.R. 25 Southold, New York 11971 Dear Mr. Goehringer, I would like to thank the Zoning Board for giving me the oppor- tunity to review the James Manos application. My only comment is that this proposed construction is less than 50 feet from Great Pond and has received a waiver for a wetland per- mit. My application, which received prior building department approval, is proposing construction for a single family home located approximately ten times further away from Great Pond, and yet it is under strict environmental review. I do not have any objections regarding the Manos variance. I simply ask the Board to be consistent in their decision making pro- cess on this application as well as my own. Sincerely, Christopher Connors cmk CC: Wickham, Wickham, & Bressler Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. December 9, 1988 Mr. Christopher Connors 5 Viking Road Glenwood Landing, NY 11547 Re: Appeal No. 3793 - James Manos (Variance for Deck) Dear Mr. Connors: Pursuant to our telephone conversation this morning, this will confirm that the written portion of the hearing in the above application was extended until Thursday, December 15th. Attached are copies of the sketch, application and Town Trustee waiver which have been made a part of our file for your convenience. Please feel free to submit your comments in writing by personal delivery, mail delivery, Or fax machine (our #765-1823). Yours very truly, lk Enclosures cc: Mr. and Mrs. James Manos GERARD P. CHAIRMAN GOEHRINGER 5 Viking Road Glenwood Landing, New York 11547 December 8, 1988 Board of Appeals Southold Town Hall Main Road - S.R. 25 Southold, New York 11971 To Whom It May Concern, Today, I became aware of an application for a variance for Section 59/Block 5/Lot 29.1 belongin§ fo Mr. Manos before the Zoning Board of Directors. I am writing this letter to the Board requesting a postponement of this hearing. I would like the opportunity to be informed of the nature of the variance requested, as my property is adjacent to the applicant and therefore, I am a party in interest. Sincerely, Christopher Connors cmk CC: Wickham, Wickham, & Bressler JAMES MANOS ATTORNEY AT LAW 2440 BRIGHAM :~TREET //47/ FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, 1II JOHN L. BEDNOSKI, JR. HENRY P. SMITH TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 November 29, 1988 Mr. James Manos 2147 Lake Drive Southold, N.Y. 11971-1543 RE: Property on Great Pond, Southold, N.Y. Dear Mr. Manos: The following action was taken by the Board of Town Trustees during their regular meeting held on October 27, 1988 on the above referenced property: WHEREAS James Manos applied to the Town Trustees for a waiver to rebuild a stairway and enlarge a deck at property located at 2147 Lake Drive, Southold, N.Y. Property is identified on the Suffolk County Tax Map as 1000-59-5-2.2. WHEREAS the Town Trustees have conducted an on site inspection of the subject property, and NOW THEREFORE BE IT RESOLVED that the Southold Town Trustees approve the request for WAIVER for James Manos to rebuild stairway and construct 30 square foot addition to existing deck to above mentioned property. Please be advised that this determination is not a determination for any other agency or department which may have jurisdiction in this matter. Very truly yours, . Frank A. Kujawski, Jr.f~ President Board of Town Trustees FAK:jas cc: Bldg. Dept. file ZBA~ QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS TO THE BOARD OF AFPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes N~ 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.) ~ No b)Are there any areas open to a waterway without bulkhead? No 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, c~ncrete barriers, decks, etc? 5. If project is proposed for an accessory building or No above structure, is total height at more than 18 feet average ground-~l? State total: ft./7~? Yes No 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground--~l? State total: ft. Yes NO 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. ~/ No 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? Yes State Permit # and Nature: Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Yes Y_e 3 es)h 6 Yes N(~ Yes No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? 13. Please list present use or operations conducted upon subject property at this time and proposed ~/~ Please submit photographs for the record· I certify that the above statements are true and are being submitted reliance by the Board of~Appeals in considering my application. Signa~~ {~rop~rty ~wner) (Authorized Agent) 1/ss Yes Yes ~ Y~ No the for WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (I) All lands generally covered or intermittently cov- ered with, or which bord~r on, tidal waters, or lands lying beneath tidal waters, which at mean Iow tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or ether Iow lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides aud upon which gro~vs or may grow some or any of thc following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, gronndsel, marshmallow and Iow march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A{2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANI)S: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions l(a) to ltd) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection Bt1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "fi'cshwater wetland." ( 9705 z.~.sa o APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals HAIN RDAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~?1 TELEPHONE (516) 765 1809 December 1, 1988 Mr. and Mrs. James Manos P.O. Box 1543 Southold, NY 11971 Re: Appeal No. 3793 - Variance Dear Mr. and Mrs. Manos: Please provide us with the following as early as possible: (a) measurement of the distance from the outer edge of the deck to the existing dock structure; and (b) measurement of the distance from the outer edge of the deck to the nearest wetland grass area. (c) recent photographs of the area between the deck and the dock or wetland areas for our file. The hearing, as you know, has been scheduled to start at 7:45 p.m. on Thursday, December 8, 1988, and one of the owners should be present to answer questions, if any. Thank you. Yours very trulv._ GE~ P. GOEHRINGER CHAI~ lk MAE- -OF IVllNO~ SUB-DIVISION PHILIP DI:TUHL SOUTHOLD TOW~ OF ,~OuThOLD,~_=Y, Southold .Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS December 8 r GERARD P. GOEHRINGER, CHAIRMAN S. E. Q. R. A. CHARLES GRIGONIS, .JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance James Dinizio, Jr. 1988 APPEAL NO.: 3793 PROJECT NAME: James and Stella Manos This notice is iss'ued 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 withid 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 [ ] Exempt DESCRIPTION OF ACTION:Rebuild deck structure with 30 sq. ft. ~xpansion, within 75 feet of the nearest freshwater wetlands near Great Pond. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly knpwn as: 2147 Lake Drive, Southold, .NY 1000-59-5-2.2 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA. (3) There shall be no disturbance of land within 10 or more feet of the e.~i~t.~lq wetland area. ~oR ~URTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mgm NOTICE OF HEARINGS NOTICE ~S HEREBY GIVEN, ~ursunnt to Sec~on ~67 of the Town ~f Soothold, th~owin~ hearings ~ill be he]~q~, the ~ ~.cRuinr Meeting ~t the S~utho]d roan Ha]], Main Road. Soutbold. ~ II~l, o~ ~ ~ at the foflowlns 5roes: 7:30 p.m. Appl. No. ~803 -- ]AME~ AND PHILOMENA MON- ICA. Variance to the Zoning Ordi- nance, Article III, Section 100-31, [~u]k Schedule. for approval of deck with an insufllcinm rea~]ard setback. Location of Property: 545 Bay Haven Lane, Southold, NY; Te~ry Waters Map No. 2901, Lot 42; County Tax Map Disuict 1000, Seetie~ 88, Block 4, Lot 31. 7:35 p.m. Appl. No. 3792 -- NICK THEOPHILOS. Variance to the Zoning Ordinance, Art/cie Section 100-119.2A for permission to locate swimmnigpool with fence e~closu~e with an insoff'tcie~t setback from average I/ne of bluff along the Long Island Sound. Location of Property: 450 The Strand, East Marion, NY; pebble Beach Farms, inc. Subdivision Lot #13~ County Tax b~ap District 1000, Section 21, Binck 5, Lot 5. 7:37 p.m. Appl. No. 3791 -- JAMES H. BERGERON. Vatimce to the Zoning Ordinance, A~icle III, Sectlo~ 100-30A(1) and A~icin XI, Section 100-118, for permission to ~bufld exi~tnig nonconforming sin- gle-family dwellthg. Location of Property: 155 Riley Avenue, Matti- tuck, NY; County Tax Map District 1000, Section 143, Block 4, Lot 29. 7:40 p.m. AppL No. 3795 -- PE- TI~ AND DOROTHy MICC~CHE. Variance m the Zoning Ordinance, Anicin III, Section 100-32 for per- m/ssion to construct detached garage ~ in an area other than the reqni~d ~ar- yard. L~aUon of Property: 270 Pt/- JAMES AND STELLA MANOS. Variance to thc Zoning Ordinance. Amcle XI, Section 100-119.2(C) for permission to rebuild deck structure near Great Pond. Location of Prop- pemtission to construct addition(s) to Prop~y: 18565 Soundview Avenue, Of tWO prol~oS~l parcels iii this penal, Property: Noah (Northwest) Side of Section 100-30C. fo~ permission premises basincss (~CinciEno," Fine Bali~n Dining). Lo~tion of Pmpe~y: NY; County Tax Map DisUict Sccrioo 56, Block 6, Lot I1.1. Ordinance, Article XI, Section (a) Appl. No. 3800 -- Variance to Co) AppL No. 3799 -- Variance to acce~seo/to ~ljoimng r~sidence, wi~ Cutchogue. NY; County Tax Man 8:30 p.m. Appl. No. 3807 -- MOHRING ENTERPRISES. Variance to the Zoning Ordinance. Article XI. Section 100-119 and Article 1~. Section 100-31. Bulk Schedule. for pennissio~ to locate new dwelling with an insufficient rea~/ard setback on a lo~ which ba~ frontage along three roads: North Bayvicw Ro~d. Pine Neck Road. and Kimberly Lane. Southold. NY; Subdivision Lot No. 20. Map of Paradise By the Bay; County Tax Map Disuict 1000. Set,on 70. Block The Board of Appeal.~ will at said time and l~ace hear any and all per~ ~on~ of representatives desiring to ho heard m each of the above matters. Wri~en comments may als~be ~ub- miued prior to the conchi$ion of the subjec~ hea~ng. Each baafng wilYnct start before the time allotmd. mom information, please ~ ~/6~- 1809. Dated: November 22, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS' GERARD P. GOEHRINGER~ CHAIRMAN By Linda Kowal~ki 6135-1TD1 ~',' / t~'-~OTA MAI?Y K. DEGNAN RY Pb~ ! !C Sbt? of N~w York Term Expires Februar,'~(/,/19 ~,/'~ ipal )er, ~ of hich of 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 bearings 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~ DECEMBER 8, 1988 at the following tim?s: 7:30 p.m. Appl. No. 3803-- JAMES AND PHILOMENA MONICA. Variance to the Zon- ing Ordinance, Article Ill, Sec- tion 100-31, Bulk Schedule, for approval of deck with an insuf- Ficient rearyard setback. Loca- tion of Property: 545 Bay Haven Lane, Southold, NY; Terry Waters Map No. 2901, Lot 42, County Tax Map District 1000, Section 88, Block 4, Lot 31. 7:35 p.m. Appl. No. 3792-- NICK THEOPHILOS. Variance to the Zoning Ordinance, Arti- cle XI, Section 100-119.2A for permission to locate swimming pool with fence enclosure with an insufficient setback from average line of bluff along the Long Island Sound. Location of Property: 450 The Strand, East Marion, NY; Pebble Beach Farms, Inc. Subdivision Lot #135; County Tax Map District 1000. Section 21, Block 5, Lot 5. 7:37 p.m. Appl. No. 3791- JAMES H. BERGERON. Vari- ance to the Zoning Ordinance, Article III, Section 100-30A(I) and Article XI, Section 100-118, for permission to rebuild exist, ing nonconforming single- family dwelling. Location of Property: 185 Riley Avenue, Mattituck, NY; County TaX Map District 1000, Section 143, Block 4, Lot 29. 7:40 p.m. Appl. No. 3795-- PETER AND DOROTHY MICCICHE. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct detached garage in an area other than the required rearyard. Location of Property: 270 Private Road//12, Southold, NY; County Tax Map District 1000, Section 78, Block 6, Lot ~ 7:45 p.m. Appl. No. 379 f JAMES AND STEL ] MANOS. Varianc~ to the Zono ~x ing Ordinance, Article XI, Sec- I tion 100-119.2(C) for permission 1o rebuild deck structure with 30_+ sq. ft. expansion, within 75 feet of the nearest freshwater wetlands near Great Pond. Location of Property: 2147 Lake Drive, Southold, NY; County Tax Map District 1000, Section 59, Block 5, Lot 2.2; also knovea~ /as Lot #4 on the Minor Sub- /division Map for Philip Druhl, ~{P.B. File #22, endorsed March ~.k 24, 1970. 7:50 p.m. Appl. No. 3804-- ELLEN BLACK GUYTON. Variance to the Zoning Ordi- nance, Article Ill, Section 100-32, and Article XI, Section 100-118, for permission to re- build nonconforming accessory (storage-garage) building in the frontyard area. Location of Pro, perry: 3331 Private Right-of-Way extending off the west (north- west) side of Grand Avenue; Mattituck, NY; County Tax Map District 1000, Section 107, Block 01, LOt. 11. 7:55 p.m. Appl. No. 3794-- JERRY AND MARY GEORGES. Variance to the Zoning Ordinance, Article XI, Section 10(M 19.2 for permission to construct addition(s) to exist-,',' ink dwelling with an insufficient setback from the top of bank along the Long Island Sound. Location of Property: 18565 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block 01, Lot 22.1. 8:00 p.m. Appl. No. 3734-- KATHRYN FLEET. Variances to the Zoning Ordinance, Arti- cle I11, Section 100-31, Bulk Schedule, for approval of insuf- ficient area, width and depth, of two proposed parcels in this pending division of land. Loca- tion of Property: North (North- west) Side of Old Pasture Road, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 11, Lot 19.1. 8:05 p.m. Appl. No. 3780-- ARMANDO CAPPA. Variance to the Zoning Ordinance, Article Ill, Section 100-30C, for permis- sion to erect ground sign, adver- tising off-premises business~ ("Ciccilino~' Fine Italian Din- ing). Location of Property: South Side of Main Road and North Side of Old Main Road, Southold, NY; County Tax Map District 1000, Section 56, Block 6, Lot 11.1. 8:10 p.m. Appl. No. 3805-- PAUL .AND MARGARET KAYSER. Variance to the Zon- ing Ordinance, Article XI, Sec- tion 100-119.2B for permission to construct deck addition with an insufficient setback from existing bulkhead. Location of Property: 1005 Mill Creek Drive, Southold, NY; County Tax Map District 1000, Section 135, Block 3, Lot 39. 8:15 p.m. VICTOB AND LINDA CATA LA NO: (a) Appl. No. 3800--Variance to the Zoning Ordinance, Arti-s cie Ill, Section 100-32, for per- mission to locate swimming pool, accessory to the existing residence, in an area other than the required rearyard. Location of Property: West Side of Pri- vate Right-of-Way extending off the South Side of Great Peconic Bay Boulevard, Laurel, NY.; County Tax Map District 1000, Section 128, Block 6, Lot 13.2. . (b) Appl. No. 3799--Variance to the Zoning Ordinance, Arti- cle Ill, Sections 100-30 and 100-31, for permission to con- struct principal building for use as a poolhouse/cabana, acces- sory to adjoining residence, with an insufficient rearyard setback. Location of Property: South Side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.1. 8:20 p.m. Appl. No. 3796-- ALFRED FALKOWSKI. Spez cial Exception to the Zoning dinance, Article IX, Section 100-90 for permission to con- struct office building with stor- age upon this 6_+ acre parcel. Zone District: "C-I" General Industrial. Location of Proper- ty: 8595 Cox Lane and the Southwest Corner of Oregon Road, Cutchogue, NY; County Tax Map District 1000~ Section 083, Block 3, LOt 4.6. 8:30 p.m. Appl. No. 3807-- MOHRING ENTERPRISES, INC. Variance to the Zoning Or- dinance, Article XI, Section 100-119 and Article Ill, Section 100-31, Bulk Schedule, for per- mission to locate new dwelling with an insufficient rearyard set- back on a lot which has front~ age along three roads: North Bayview Road, Pine Neck Road; and Kimberly Lane, Southold?' NY; Subdivision Lot No. 20, Map of Paradise By the Bay; County Tax Map District 1000, Section 70, Block 13, Lot 20.20. The Board of Appeals will at said time and place hear any and all persoris or representatiVeS'de, siring~tobe heard In each of ~hle' 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: November 22, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski~j IX, 12/1/88 (2) Southold Town Board of Appeals ~, ~,_'~;~?;~'~'~Y MAIN ROAD STATE ROAD 25 SOUTHO APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, 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, GERARD P. GOEHRINGER CHAIRMAN Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAW[CKI JAMES DINIZIO, JR. List of Mailings Hearings for December 8, 1988 Southold Town Board of Appeals Copies mailed to the following on or about Mr. & Mrs. James Monica 545 Bay Haven Lane Southold, NY 11971 Mr. Nick Theophilos 387 Broadway New York, NY 10013 Mr. James H. Bergeron 14 Birch Hill Drive Poughkeepsie, NY 12603 Mr. Otto Schoenstein (Re: Box 95 1645 Maple Lane East Marion, NY 11939 Micciche) 2r. James Manos 147 Lake Drive PD ~ /~ Southold, NY 11971-1543 Peconic Development Corp. Box 594 Mattituck, NY 11952 (Re: Guyton) Ward Associates (Re: Georges) 1500 Lakeland Ave. Bohe~ia, NY 11716 Abigail A. Wickham, Esq. (Re: Main Road - P.O. Box 1424 Mattituck, NY 11952 Fleet) 12/1/88 Legal Notice of Hearings for December 8, 1988 Copies mailed to the following on or about 12/1/88 North Fork Sign Co. Main Bayview Rd. Southold, NY 11971 (Re: Cappa) Mr. & Mrs. Paul Kayser 1005 Mill Creek Drive Southold, NY 11971 Ms. Patricia Lloyd (Re: 471 Route 25A Rocky Point, NY 11778 Sambach Associates (Re: Box 1033 - Cox Lane Cutchogue, NY 11935 Mr. Philip J. Cardinale Cardinale & Cardinale Main Road - P.O. Box W Jamesport, NY 11947 Catalano) Falkowski) (Re: Mohring) L.I. Traveler-Watchman, Inc. (Official Town Newspaper) Suffolk Times, Inc. Town Clerk Bulletin Board ZBA Office Bulletin Board ZBA Chairman and Members with copies from file ZBA Individual Files JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: October 19, 1988 Transmitted herewith is Zoning Appeal No. James Manos 3793 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 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 Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals of the Town 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 ~Special Exception) (Special Permit) (Other) [e±rc3.e cho±ce] of the Petition is 2. That the property which is the.subject located adjacent to your property and is des- cribedasfollows: ~.1¥7 /...,4.1c:~ Z~.,~I~/~ .,~Du~'/fO~/~ ~/.~ ~lj~ ~ - -,. . 3. That the property which is the subject of such Petition is I~ated in the following zoning district: 4. That by such Petition, the undersigned will request t~e followi.~ relief: ~/~ ~ ~ ~- ~ . ~ /~_ . .5. That the provisions, of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ / Secti~ /m ~-/! .~. ? ~ [ ] Section Z80-A, New York Town Law for' appr'ova] of access over' r'ight(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. (53.6) 765-3.809. 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 day's'prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspaperspublished 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: [Copy of sketch or plan purposes.] s'howing proposal be to 5/10 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS Xzz + WF. ficeat ,.5'0 0'1"HoI.-D. At,x/. (certified) (registered) n~rail. ' STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ~~ _~ , being duly sworn, depos~ an~says that on the ~ day of ~~, ,19 ~ , deponent mailed a true copy of the Notice set forth on tfie re- ve~ sld~ h~reof, ~Sected to each of the-abOve-named persons at the addresses set opposite thor respective namm; that the addresses set opposite lhe names of said persons are the addr~ses of said persons as shown on the current assmsment roll of the Town of Southold; that said Nolic~ were mailed at the United Stat~ Post ; that said Notices were mailed to each of ~id persons by (This side does not have to property owners.) be completed on form transmitted to adjoining : ' I PR~)JECT 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[~..~ ~'~/~'~"~ I 2. PROJECT NAME 3. PROJECT LOCATION: 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc.. or provide map) $. ~s 6. DESCRIBE PROJECT BRIEFLY: - - 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS* ' [] No If No, describe briefly ' ~. WR^T ~s PRESENT LA~,~ U~e ,N wc N TY oF PROJECT? ~ Residential [] !ndu~,trial [] Commercial [] Agriculture [] Park/Forest/open space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE CR LOCAL)? ~fes [] No If yes, list agency(s) and permit/approvals ~1'0 11. DOES ANY ASP[CT..~ OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ,~Ho If yes, list agency name and permit/approval t~. ^s A RESULT DP PROPOSED ACT,ON W,LL EX,STIN~ PERM,T/APPROVAL R[OU,RE MOD,F,CATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE 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 1 P~IR~To be corn. plated by A. DOES ACTION EX~'CEEO~y TYPE I THRE~ 6 NYCRR, ~'~ [] Ye.~..~.___~_s [] No · If yes, coordinate the review process and use the FU~.~ S. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 may be superseded by another invotved agency, if NO, a negative declaration [] Yes [] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Ct. ExisUng air quality, surface or*groundwater quaJity or quantity, noise levels, existing tratflc patterns, solid waste production or disposal potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3, Vegetation or fauna, fish, shegfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as ofhciagy adopted, or a change in use or intensity of use of land or other natural resources? Explain brlefl C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term, short term, cumulative, or other effects not identified in Cl-C§? Explain briefly. C7. Other impacts (incl[lding changes in use of either quantity or type of energy)? Explain briefly. D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its la) setting (i.e. urban or rural); lb) probability of occurring; lc) duration; id) irreversibility; (e) geographic scope; and (fi magnitude. If necessary, add attachments or reference supporting materials. Ensure that' explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or mo're potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result Jn any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: 2 COUNTY OF SUFFOLK STATE OF NEW YORK ) )SS: in completing this application I hereby authorize the q agent or representative to enter onto my property to i~pect ~e premises in conjunction with review of this application. s~0~ OF APPLICANT SWORN TO BEFORE ME THIS NOTARY PUBLIC EXAMINED APPROVED APPROVED "WETLANDS" PERMIT (~HAPTER 97) "BOAT,DOCKS, WHARVES" PERMIT (CHAPTER 32) DISAPPROVED "WETLANDS PERMIT" (CHAPTER 97) DISAPPROVED "BOATS,DOCKS, WHARVES" PERMIT CONDITIONS, IF ANY (CHAPTER.32) ~.. EXAMINING BODY SIGNATURE OF CHAIRMAN COMPUTATION OF FEES Approved 2/27/85 .~ Ii 7'~'4/) 7-1.~-. --- /db' PERMIT NO. 15273-0069 NEW YORK ST~EPARTMENT OF ENVIRONMENTAL PERMIT CONSERVATIOt UNDER THE ENVIRONMENTAL CONSERVATION LAW' ^RT,CLE tS. (P.otec, io. of [] ART,C, (Tida, Wet,.ds) ARTICLE 24, (Freshwater Wetlands) [] ARTICLE 36, (Construction in Flood Hazard Areas) PERMit ISSUED TO James Manos ADDRESS OF PERMITTEE 2147 Lake Drive, Southold, NY 11971 LOCAIlON OF PROJECT (Seclion ot stream, tidal weUand, dam, building) 2147 Lake Drive, Southold DESCRIPTION OF PROJECT Construction of a railroad tie retaining wall and st~rway above mean high water and a dock 3'6" wide extending not more than 13' beyond the line of mean high water in accordance with work plans filed with the Department of Environmental Conservation. CO~4MUNITY NAME (City, Town, Village) Southold COUNTY Suffolk t. Tgi, permillee shall file in Ihe office of the appropriale Regional Permit Adminislralor, a notice of intention to commence work at least 48 hours in advance DJ the time of commencemem and shall also noilly him prompHy in wriling of Ihe complelion of the work. 2. The permitted work shall be subject 1o inspeclion by an authorized represenlative of lhe Departmenl of Environmenlal Conservation who may order the work suspended if lhe public inleresl so requires. 3. As a condilion of the issuance of Ibis permil, lhe applicanl has ac~ cepled expressly, by Ihe execulion of the applicalion, lhe tull legal respon- sibilily for all damages, direcl or iedirecl, of whalever nalure, and by whom- ever suffered, arising DUI ot the projecl described herein and has agreed 1o indemnity and save harmless lhe State from suils, actions, damages and cosls of every name and descriplion resulling from 1he said projecl. 4. Any material dredged in the prosecution of lhe work herein permitted shall be removed evenly, wilhoul leaving large refuse piles, ridges across the bed ot the waterway or flood plain or deep holes that may have a tendency to Cause injury to navigable channels or to the banks of Ihe walerway. 5, Any material 1o be deposiled or dumped under this permit, eilher in the walerway or on shore above high-water mark, shall be deposiled or dumped al the locality shown on the drawing hereto a~lached, and, it so prescribed lhereon, wilhin or behind a good and subslantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 6. There shall be no unreasonable interference wilh navigalion by the work herein aulhorized. 7. That if fulure operalionsby lhe State of New York require an alteralion in lhe position of the slruclure or work herein authorized, or if, in the opinion of the Deparlmenl of Environmenlal Conservation il shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the heallh, safely or welfare of the people of the 5tale, or loss or destruction of Ihe natural resources of the State, the owner may be ordered by the Depart- ment Io remove or alter Ihe structural work, obstructions, or hazards caused Ihereby without expense to the State; and if, upon the expiration or revocation of this 'permit, the struclure, fill, excavation, or other modification of the watercourse hereby aulhorized shall not be completed, the owners shall, wilhoul expense lo the Slale, and Io such extent and in such time and manner as the Department of Environmenlal Conservation may require, remove all or any porlion of the uncompleted structure or fill and restore lo its former condition the navigable and flood capacity of Ihe watercourse. No claim shall be re~de against the State of New York on accounl of any such removal or alteration. J TOWN Southold J FIA COMMUNITY NO. J DAMNO. PERMIT EXPIRATION DATE - June 30, 1976 GENERAL CONDITIONS 8. Thai the State of New York shall in no case be liable for any damage or injury 1o the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 9. That if the display of lighls and signals on any work hereby authorized is nol otherwise provided for by law, such lights and signals as may be pre- scribed by the United 5tales Coast Guard shall be installed and mainlained by and at the expense of the owner. 10. Ail work carried out under this permit shall be pedormed in accor- dance with established engineering practice and in a workmanlike manner. 11. If granted under Articles 24 or 25, the Department reserves the right to reconsider this approval at any time and after due notice and hearing to continue, rescind or modify this permit in such a manner as may be found to be jusl and equitable. If upon the expiration or revocation of this permit, the modification of the wetland hereby authorized has not been completed, the applicant shall, without expense to fbe State, and to such extent and in such time and manner as the Departmenl of Environmental Conservation may require, remove all or any portion of the uncompleted structure or flu and restore the si~e to ~Is former condition. No claim shall be made againsl the State of New York on account of any such removal or alteration. 12. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others to perform the permitted work or as aulhorizing the impairment ot any rights, title or interest in real or persona~ property held or vested in a person not a party Io the. permit. 13. The permittee is responsible for obtaining any other permils, ap- provals, lands, easements and righls~f-way which may be required for this project. 14. If granted under Article 36, this permit is granted solely on the basis of 1he requirements of Article 36 ot the Environmental Conservation Law and Part 500 of 6 NYCRK (Construction in Flood Plain Areas having Special Flood Hazards - Building Permits) and in no way signifies that fhe pro ecl will be free from flood ng. 15. By acceptance of this permit the permittee agrees that the permit is contingent upon strict compliance with the special conditions on the reverse side. 95-20-4 (9/75) (SEE REVERSE SIDE March 25, 1970 Philip W. Druhl 551 De Mott Avenue Ball, in, klew York 11501 Dear Sir; ~t a regular meeting of the Southold Town Planning Board held on 14arch 24, 1970, the final maps for your minor subdivision located at West & Lake Drive, Southold, N.Y. were presented to the Board. Enclosed please find a copy of the approved final map, signed by the Chairman on March 24, 1970, and your receipt for application fee in the amount of $50.00. Sincerely yours, John %~lckham, Chairman Southold Town Planning Board ~/bn encl 79 FitchburE St Ba shore ..~. Doar .'~ have had many inquiries about ,.est Oriva~ ~o.~tho!d~ Pleas~ · '~~ a~v~= anyone intercepted ~i~at .... ',~ .~_ ~ ninor subdivision ( No 2~) on file with our Planning Roard~ and has been approvea by the Appeals board (No1506) March 1972 %maer cur ne%~ zoning ordinance. These are all usable single lots for one.ar..l~,' -'~'- aw~.n~...;' ~-' ~ Yours truly B~i!dlng Inspector / ..... 313