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HomeMy WebLinkAbout3714Seawood Dr., Southold 5/I4/8I D-approval of insuff, area and width of 3 proposed parcels. ~/~/~/ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I.. N.Y. ~1~?1 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 37]4 Application Dated February ]6, ]988 TO: Charles R. Cuddy, Esq. as Attorney for DALE AND JO ANN MAYNARD 180 Old Country Road, Box 1547 Riverhead, NY 11901 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on April 7~ ]988, the above appeal was considered, and the action i~dicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III , Section ]00-3] [ ] Request for Application of DALE MAYNARD for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the insuffi- cient area and width of two parcels as approved by the Planning Board in the subdivision known as "Seawood Acres, Section I" Filed Map No. 2575. Location of Property: West Side of Seawood Drive, Southold, NY; County Tax Map Parcels No. 1000-79-7-64 and 65. WHEREAS, in the Matter and a public hearing was held and concluded on March 17, 1988 of the Application of DALE MAYNARD under Appeal No. 3714; WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the "A" Residential and Agricultural Zoning District with frontage along the west side of Seawood Drive of 200.0 feet and total lot area of approximately 25,500 sq. ft., and improved with one single-family, one-story dwelling with attached garage as more particularly depicted on the survey prepared August 16, 1967 by VanTuyl & Son. 2. The subject premises is shown on the "Map of Seawood Acres, Section One" as Lots No. 25 and 26 and on the Suffolk County Tax Maps as District 1000, Section 79, Block 7, Lots 64 and 65, respectively. (CONTINUED ON PAGE TWO) DATED: April 7, 1988. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appl. No. 3714 Matter of DALE AND JOANN MAYNARD Decision Rendered April 7, 1988 3. By this application, appellant requests approval of the insufficient lot area and width of each Lot #25 and Lot #26, each of a minimum of 12,500 sq. ft. and 100 ft., respectively, and as shown on the filed "Map of Seawood Acres, Section One,~' which map was approved by the Suffolk County Health Department on June 6, 1956, approved by the Southold Town Planning Board on May 29, 1956 (and June 19, 1956), and filed with the Suffolk County Clerk's Office June 26, 1956 as Map No. 2575, Abstract No. 2752, Book 10, Page 4. The subject Map included a total land area of approximately 15 acres with 39 lots of a size not less than 100 ft. x 125 ft., and 12,500 sq. ft. in area. 4. Article III, Section lO0-31, Bulk Schedule of the Zoning Code requires a minimum tot area of 80,000 sq. ft. and minimum lot width of 175 feet. The percentage of relief requested in relation to these requirements is substantial, having a shortage of 65,200± sq. ft. as to the northerly lot (Lot 25) and 66,750± sq. ft. as to the southerly lot (Lot 26). The percentage of relief requested as to lot width, or frontage, for each lot is approximately 40%. 5. Article III, Section lO0-31(A) excepted those lots having a lot area of less than 40,000 sq. ft. that were "held in single and separate ownership prior to November, 1971 and thereafter." The record shows that these parcels were not held in single and separate ownership by current or past conveyances. 6. Article I, Section lO0-12 excepts certain subdivision maps from the lot area and lot width require- ments of the current zoning code. Although there are numerous subdivision maps excepted under this provision, it is the understanding and belief of this Board that those subdivisions pre-dated the Town's subdivision regulations and/or zoning and consisted of a large per- centage of lots which had been improved or were under construction for single-family dwelling. The "Seawood Acres, Section One" development apparently did not meet those rules for exception by the Town Board at that time. 7. In viewing the character of the immediate area, the lots as proposed are deemed to be consistent as to the general configuration, lot area, width, depth, etc. 8. Also noted for the record is the prior appeal under Application No. 2812 and action rendered December 17, 1981, conditionally approving two lots out of three as applied (and as an alternative to the denial of three lots rendered July 9, 1981). 9. In considering this appeal, the Board also finds and determines: (a) the the practical difficulties claimed are sufficient to warrant a granting of this variance; (b) that the circumstances are unique to the property and are not shared by other properties in the neighborhood; (c) that there will be no substantial change in the char- acter of the neighborhood or detriment to adjoining Page 3 Appl. No. 3714 Matter of DALE AND JOANN MAYNARD Decision Rendered April 7, 1988 properties; (d) that the relief requested is substantial in relation to the current requirements; (e) that the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance; (f) that the variance will not in turn cause a substantial~ effect of increased dwelling density or be adverse to the safety, health, welfare, comfort, convenience or order of the town; (g) that in view of the manner in which the difficulty arose and in considering all the above factors, the interests of justice will be served by granting the variance as applied. 10. In conclusion, it is this Board's position that the owners/applicants not be required to re-submit an application to the Planning Board particularly since this subdivision map has been reviewed and approved by the Southold Town Planning Board previously. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3714 in the Matter of the Application of DALE MAYNARD approving the insufficient lot area and width of Lots No. 25 and 26 as shown on the "Map of Seawood Acres, Section One" filed in the Suffolk County Clerk's Office as Map No. 2575 on June 26, 1956. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk April 8, 1988 i ECEIVED AND FILED BY THE SOUTI{CLD TO~:~-N CLEilK Town Cl£rk, Town--'~' ~'-o~ Souikc!j : NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law ano the Code of the Town of Southold, the fol'lowing hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, MARCH 17, 1'98~ at the follow- ing times: /~ 7:30 p.m. Appl. No. 3714 DALE MAYNARD. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the insufficient are~ and width of two parcels as aD,roved by the Planning Board ir the subdivision known as "Seawood Acres-~ Section I", Filed Map No. 2575. Location of Property: West Side of Seawood Drive, Southold, NY; County Tax Map Parcels No. 1000-79-7- 64 and 65. 7:40 p.m. Appl. No. 3713 ROBERT STARON. Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of the construction of accessory storage shed with ar insuffi- cient setback from property l~nes at premises Known as 1490 Waterview Drive, Southold, NY; County Tax Map Rarcel No. 1000-78-7-54. 7:45 p.m. Appl. No. 3711 ERNEST AND DORIS ROBINSON. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construc~ deck with an insufficient setback from existing bulkhead at premises known as 915 Mill Creek Drive, Southold, NY; County Tax Map Parcel No. 1000-135-3-37. 7:50 p.m. Appl. No. 3712 ROBERT CLEMENS. Variances: (a) to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct additions to dwelling with an insufficient rearyard setback from the easterly property line, anu (b) for approval of access oursuant to New York Town Law, Section 280-a over a private right-of-way ex~ending off the south side of Main Bayview Road, Southold, NY; County Tax Map Parcel No. 1000-87-5-17. 8:00 p.m. Appl. No. 3543 - PETER AND BARgARA HERZ. Variances to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate new single-family dwelling Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting of March l~ 1988 with insufficient setbacks from exi~tin§ bulkhead and from highwater areas along Midway Inlet and Hog Neck Bay, premises known as 70 Cedar Point Drive, Southold~ NY~ Cedar 3each Park Map, Part of Lots 152 and 110; County Tax Map Parcel No. 1000-90-02-13.1. 8:20 p~m. Appl. No. 3687 JON C. KERBS. Interpretation and, if necessary, Variance unoer Article XI, Section 100-119.2 of the Zoning Code, for permission to locate bmilding 75 feet from the N.Y.S.D.E.C. determined tidal wetlands line as approved under DoE.C. Permit 710-86-0092 and ir accoroance with Town Trustees Wetland Permit No. 373 conditionally approveo June 25, 1987. Location of Property: East Side of Narrow River Road, Orient, NY; County Tax Map Parcel No. 1000-27-2-5. 8:35 p.m. Appl. No. 3710 THE COVE AT SOUTHOLD, INC. Variance under Article XI, Section 100-119.2 of the Zoning Code, for permission to locate buildings 75 or more feet from the N.Y.S. D.E.C. determined tidal wetlands line and at not less than 18 feet from the Town Trustees determined wetland grasses as approveo unoer Trustees Permit Application No. 601. Location of Property: South Side of Main Ba~view Road, Southold, NY~ County Tax Map Parcel No. 1000-87-5-20. The Board of Appeals will hear at sai~ ti~e and place all representatives or persons desiring to be heard in each of the above matters. Each hearing will not stlart before the time allotted. Written comments may be sub~mitted prior to the conclusion of the subject hearing. For more informa- tion, please call 765-1809. Dated: March 3, 1988. BY ORDER OF THE SOJTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linoa Kowalski, Board Secretary ',~0 P'~ ~ TOWN OF SOUTHOLD, NEW YORK ~EAL FROM DEC~SION OF BUILDING INSP~CTOR APPEL NO. ~ ~/~ ~ ~ ~ DATE .............................. TO THE ZONING B~ARD OF APPEALS, TOWN OF S~THOLD, N. Y. ewe) ...... .................................... of ................................................. Name of Appello~t Street and Numar ..................... ........................................................ .......... TO Municipality j State THE ZONING BOARD OF APPEALS FROM THE DECISION OF ~HE BUI~ING INSPECTOR ON APPUCATION FOR PERMIT NO ..................................... DATED~ ...................................................... (X) ( ) ( ) WHEREBY THE BUILDING iNSPECTOR DENIED TO Dale Maynard ~ Name of Applicant for permit of Seawood Drive, Southold, New York j Street and Number Municipallity State PERMIT TO USE PERMIT FOR OCCUPANCY Seawood Drive, Southdld District 1000 Section 79 Block7 Lot64&65 _ _ i Dale Maynard .................................................................................. burren~; uwne~ Map No. 2575 Lot No. 26, 25prior Owne~ Herbert W. Davids 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (l~ndicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by numl:~r. Do no~' quote the Ordinance.) ^rticle 100 Section 31 , 3. TYPE OF APPEAL Appeal is made herewith for (please!check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New YorkiZown Law Chap. 62 Cans. Laws Art. 16 See. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (has not) been ~ade with respect to this decision of the Building inspector or with respect to this property. Such appeal was ( ) request for a special permit (X) request for a variance REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance i ( ) is requested for the reason that the lots in question!~ identified as filed map lots 25 and 26 (tax map lots 64 and 65), were originally separate conforming lots~ all surrounding lot~ north and south of the subject lots are the same size as the lots in questions and lots within two hundred (200) feet of the subject lots, even those lots with significant slopes~ have had Cesidences construcu~d thereon. The facts hav~ substantially changed and the reason for denial of the application in 1982 is no longer germane. In addition to hold that lots mergei under the circumstances bere~ is a denial of due Prq¢~S.~ REASON FOR APPEAL Continued ]. STRICT APPL~CA'FiON OF THE ORD]NANCE would produce pr¢ctica8 diffiCulties ar u~neces- sery HARDSHh because the lots on the filed map ~ f~ -~ ~---~ ~: ...... lots create¢ s~nce the filing of ~be map ~ Seawooa ~== a-e ~ aDproximately~ ~ ~ the same size =~d configuration aha tc p~e~r ~=-~ nne use cf one ~o~ when all othe~-~ ~s~=~, ~'-~:~z~a~ueu~ ....... ~ =re~ ~-~ - ~u~ =~=z~r=~y aha !meoses a penalty on ~'~ ~ ~ 2. The hardship created is UNIQUE and is not shared by ali properties alike ]n the immediate vicinity of this proper["y and in this use district because no other i0t in the immediate vicinity of oecitioner~s Lot is the size of petitioner's zon~~ ' in ~=~t~=~ adjoining sma£1sr- 10ts have een ~re_~ea and Du~lt upon° 3. The Variance would observe the spirit of the Ordinance and WOULD NO? CHANGE THE CHARACTER OF THE DISTRICT ~ecause substantially ail lots ~n the Seawood Acres subc~v~$~c~ are developed with a lot size of 12~500 square feet° OF $O JTHJ@LD I VILLAGE RES. LAND SEAS. VL. ~,// FARM TOTAL DATE COMM. CB. MlCS, CARD REMARKS TYPE .OF BUILDING Mkt. Value AGE. BUILDING CONDI'I'ION NEW NORMAL. BELOW ABOVE FARM Acre Value Per V~lue Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH i BULKHEAD House Plot Total I DOCK OWNER FORMER OW ,N, ER STREET N WLL~r~E t~ ?~ B.__ LO'r~ ~.. (~ ACR. I. TYPE OF BUILDING AGE NEW NORMAL t3 Et.OW ABOVE FARM Acm Tillable 1 ........ Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Total BUILDING CONDITION Value Per ..,:. Value Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK qD IMP. TOTAL DATE REMARKS ~-::. VL FARM CO~. C~. MISC. Mkt. Vo~.~ M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio Total COLOR TRIM I Foundation ement F~xt. Walls Fire Place Roof Recreation Roo Dormer Driveway Bath Floors Interior Finish Heat Rooms 2nd FIoo LR. 'FIN. B. P Southo wn Board of Appeals MAIN ROAD STATE ROAD 25 SOUTHOLD, I-.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH R. SAWICKI April 8, 1988 Charles R. Cuddy, Esq. 180 Old Country Road P.O. Box 1547 Riverhead, NY 11901 Re: Appeal No. 3714 - Dale and JoAnn Maynard (Variance) Dear Mr. Cuddy: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board 6f Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to return to issuance of any permits or other be applicable. the Building Department for approvals in writing as may Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Enclosure Copy of Decision to: Building Department Southold Town Planning Board Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Southold Town Board of Appeals ~AIN ROAD-BTATE RnAD 25 BDUTHnLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS- March 17, 1988 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · E · Q . R .A . SERGE DOYEN, .iR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWlCKI Notice of Determination of Non-Significanc~ APPEAL NO.: 3714 PROJECT NAME: D~LE MAYNARD 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 signifi- cant adverse_effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: ~X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION:insufficien~ area and width of two parcels as approved by Planning Board in subdivision known as "Seawood Acres" LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: W/s Seawood Drive, Southold, NY 1000-79-7-64 and 65 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) Information has been submitted by applicant or his agent in- dicating that the project will not involve the disturbance of wetland grasses or areas subject to flooding which may be considered wetlands. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, 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. mc NOTICE OF FII~AR~O~ NOTICE IS HEREBY GIV- EN, pUrsunnt 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 at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY on THURSDAY, MARCH 17. 1988 at the follow- ing times: ~7:35 p.m. Appl. No. 3714- DA~E MAYNARD. Variance to the Zoning Ordinance, Article Ill, Section 100-31, Bulk j Schedule, for approval of the in- / sufficient area and width of two~ parcels as approved by the Plah-~ ning Board in the sub~ivision~_ known as"Seawood Acres, Sec- / tion I:' Filed Map No. 2575. Location of Property: West Side of Seawood Drive, Southold, NY; County Tax Map Patois No. 1000-79-7-64 and 65. / 7:40 p.m. Appl. NO. 3713- ~ Varian~ to the Zoning Ordinance, Article Ili, Section 100-32 for approval of the construction of accessory storage shed with an insufficient setback from property lin~s at premises known as 1490 Water- view Drive, Southold, NY; County Tax Map Parcel No. 1000-78-7-54. 7:45 p.m. Appl. No. 3711- ~IINEST AND DORIS/ "~' ........ Variance to the Zoning Ordinance, Article Xl, Section 100-119.2 for permission to construct deck with an insuf- ficient setback from existing bulkhead at premises known as 915 Mill C~ek Drive, Southold, NY, County Tax Map Parcel No. 1000-135~3-37. 7:50 p.m. Appl. No. 3712- ROBERT CLEMENS. Variances: (a) to the Zoning Or- dinance, Article Ill, Section 100-31, Bulk Schedule, for per- mission to construct additions to dwelling with an insufficient rearyard setback from the easterly property line, and (b) for approval of access pursuant to New York Town Law, Section 280-a over a private right-of-way extending off the south side of Main Bayview Road, Southold, NY; County Tax Map Parcel No. 1000-87-5-17. 8:00 p.m. Appl. No. 3543- PETER A~ HERZ. Variances to the Zoning Ordinance, Article XI, Section palutHt dlaH COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ...................... ./ .... weeks ? successively, commencing on the ............ ~//.7. ..... 8:20 p.m. Appl. No. 3687- JON C. KERBS. Interpretation and, if necessary, Variance under Article XI, Section 100-119.2 of the Zoning Code, for permission to locate building 75 feet from the N.Y.S.D.E.C. determined tidal wetlands line as approved under D.E.C. Permit No. 10-86-0092 and in accor- dance with Town Trustees · Wetland Permit No. 373 condi- tionally approved June 25, 1987. Location of Property: East Side of Narrow River Road, Orient, NY; County Tax Map Parcel No. 1000-27-2-5. 8:35 p.m. AppL No. 3710- THE COVE AT SOUTHOLD~. INC. Variance~under Article XI, Section 100-119.2 of the Zoning Code, for permission to locate . buildings 75 or more feet from the N.Y.S.D.E.C. determined tidal wetlands line and at not less than 18 feet from the Town Trustees determined wetland grasses as approved under Trustees Permit Application No. 601. Location of Property: South Side of Main Bayview Road, Southold, NY; County Tax Map Parcel No. 1000-87-5-20. The Board of Appeals will hear at said time and place all representatives or persons desir- ing to be heard in each of the above matters. Each hearing will not start before the time allot- ted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: March 3, 1988 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS~. GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary 1T-3/10/88(5) ,re me this /~; '¢ day of ........ ,9 Notary Public BARBARA FORBES Notary Public, State of New York No. 4PJ~6846 Qualified in Su£folk County Commission Expires //~ )/ 19oed' / Drive, Sou·hold, NY. Coun · , ty Tax J sade of Mare Bayv~w Road, 'r~u CO Map Parcels No. 1000-79-7-64 7:40 p.m. Appl. No 3713 ;- ~?:~'[~'~7--~d~~' ~,a~ 100-119.2 of tba Zoning Code, for ~ Vance to NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant tO Se~tim 267 of the Town Law and the Code of the Town of Sou·hold, the following he~riugs will be held by the SOUTNOLD TO~,v~r EIOARD OF ~ at · R~ular Meeans at the Somhold Town HaH, Main Road, Southcid, New York. on THURSDAy. MARCH 17. I 9~n at the follow:inS times: ~ 7:30 p.m. AppL No. 3714 - Zoning Ordinance, Article Ilf,~ Section 100-31, Bulk Schedule, for approval of the insufficient area and width of two parcels as approved by the Planning Board in the subdivision known as 'Se·wood Acres, Secti~ 1". Ffl~ Map No. 2575. Location of the Zoning Ordinance, A~icie r!q, Variances to the Zoning or more feet from the N.Y.S. Section 100-32 for al~ of the construction of accessory storage shed with en insufficient se·beck. from property lines at premises known as 1490 Wstenrinw D~ive, Sou·hold, NY; County T~x Map Parcel No. 1000-78.7-54. 7:45 p.m. Appl. No. 3711 - Variance tO the Z~ming Ordin~ee, Article XI, Secrion 100-119.2 for purmissien to construct deck an insufficient -setback from existing bulkhead at ises known as 91~ Southold, NY. Comny Ta~ Map Pnrcel No. 1000-135-3-37. 7:50 p.m. Appl. No. 3712 - (a) to the Zoning Ordinance, A~cle I11, Section 100-31, Bul~ Schedule. for permission to construct additions to dwelling with an insufficient rearyard setback fr~n the easterly prepu~y · line, and (b) for approval of acee~s pursuant to New Yoth Town Law, Sec~on 280-a over a pffvate fight- Ordinance, A~tir. le'Xl, S~tion 100-119.2 for purmisalos to Ioeite new sil~*flmlly.dv~l~ with insufficinnt SOt~cks from existing bulkhead and Yrom highwater areas along Midway Inlet and Hog Neck Bay. known as 70 Codar Point D6ve, Sou~old. NY; Cedar Be.~h Park Map, Part of Lms 152 and Il0; Comty T~x Map l~el No. 1000: 90-02-13.1. $:20 p.m. AppL No. 3687 - ~ Int~q,,~arion and, if necessary. Variance under A~cle XI, Section 100-119.~ of the Zoning Code, for putmlstion tO locate building 75 fe~l from the N.Y.S.D.E.C. determined tidal wetlands line as approved under D.E.C. determined tidal wetlands line and at not less than 18 fee3~ from the Town Tm~tzes detennlned wminnd grasses as approved under Trustees Permit Application No. 601. Location of Prepurty: Sooth Side of Main Eay~dew Road, Son·hold. NY; County Tax Map Parcel No. 1000-87-5-20. The Board of Appeals will hear at said time and place all · ~.,,~e~tatives or persons desifin~ to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted prior tO the co·cia·ion of the subject hearing. For more iuformarion ~ease call 765-1809. Dated: Marc~i 3, 1988. BY ORDI~ of Greenport, in ~rn, says that he/she is ':OLK TIMES, a Weekly reenport, in the Town folk and State of New ~ which the annexed is ,egularly published in ch week for [ encing on the __[_0 __ 19___88 accordance with Town Trustees TOWNBOARDOFAPPEALS Wetland Permit No. 373 GERARD P. GOEF~INGER, )rincipal Clerk c~mdirio~ally approved June 25, CHAPMAN 1987. Location of Property: East Linde Kowalski+ /// Side of Narrow River Ro~, Ori~t. Board ~ / NY; Coonty Tax Map Parcel No. 5851-1TM10 ,'~qTARY PL',BH£, State 0( ~ew ¥0vk APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 BOUTHDLD, L.I,, N.Y. llc:J?l TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to 'call our office, 765-1809. Yours very tr~ulv_~, , ~ G~RA~D P. GOEHR~'NGER J CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, MARCH 17, 1988 Appl. No. 3714 Applicant(s): DALE MAYNARD Location of Property: W/s Seawood Drive, Southold County Tax Map ID No. 1000-?f - ~ - ~'~ ~ Board Members Present: Chairman Gerard _ P. Goehringer Members: Grigonis, Doyen, Douglass(Mr. Sawicki was absent) Also Present: Victor Lessard (Building Department) Linda Kowalski, Z.B.A. Secretary and approximately 30persons in the audience. The Chairman opened the hearing at 7: 30 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey indicating the house lot which is lot number 26 and lot 25 which basically is the nature of this particular application. However, we are really separating both the house and the lot interchangeably. And we have a map drawn by Roderick VanTuyl and Son, most re- cent date is August 16, 1967. There appears to be a new print of that map. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard? Mr. Cuddy. MR. CUDDY: I represent Dale and Joann Maynard, the owners of the subject parcel, lots. If I may, I'll try and raise my voice, I would like to come forward because I have a lot of material that I'd like to present to the Board. And I think it might be easier to do it up there then stand back here and walk back and forth. Does everybody have a copy, first of all, of the map, VanTuyl's map showing lots 25, 26 and 27? Ok. As the Board is aware, it had previously had an application to di- vide or separate off lot 27 and it granted that application in 1981. But at that time, they denied the application for 25 and 26 to be separate lots. I would submit that that was an over- sight by the Board based upon what I believe is the applicable law. And I would offer to the Board a map of Seawood Acres which is identified, not only the lots in question and showing all of the ownership on both sides of Seawood Drive but I be- lieve this map also shows that it was approved by the Planning Commission of the Town of Southold. This was a map that has Page 2 - Thurs,, March 17, 1988 Public Hearing~Dale Maynard Southold Town Z.B.A. MR. CUDDY (continued): lots essentially which are between 12/5 and 13/5 square feet. Prior to the time that this map was approved, the town approved a map in East Marion called the Map of Marion Manor and I'm go- ing to offer that as an exhibit too. And the reason that I of- fer this map is that this is the same size lots. Twelve five, thirteen thousand square feet as this map except this was three years earlier than the Seawood Acres map. In 1958 and '59, the town also approved maps; Terry Waters at Bayview. They approved a further map and this is in the Hamlet of Southold that I'm talking about. The Map of Bayhaven at Southold. These lots on this map, both maps are also approximately 13 thousand to 15 thousand square feet. I offer those two maps to the Board. The reason I present all these maps to you is simply this; that in 1971 and in 1973 when the Board was upzoning, at that time in 1971; the lots on the Seawood Acres Map, 25, 26 and 27 were 12 thousand 500 square feet or more or legal lots. And only by the accident of upzoning, having the parcel in one name, do you have a merger. But all of the maps I presented to you and 43 other maps were exempt from the merger. That's by your section 100-13. I don't find any rhyme or reason in taking a map in 1956, Seawood Acres, and denying that exemption. When a 1953 map, a 1958 map and a 1959 map received the exemption. And I would submit to you that the 1956 map of Seawood Acres is entitled to the same treatment which is to allow the lots that exist. In other words, 25 should be a lot, 26 should be a lot as is 27 which you granted. So I would respectfully request that as a matter of law, that you con~ider that this lot number 25 should be set off. I would al- so say to you that factually, the situation I think, has markedly changed since 1981. To the north of the lots that are shown as 25 and 26 are lots that were not on the file map originally and they're noted on this map. They're drawn in right here. Those lots existed prior to 1969. They're presently in three separate owners and I have copies of those maps. I've identified these maps by the tax map numbers. The tax map numbers here for in- stance, for 25 is 64. So the lot that is immediately to the north of 25 is 64, 62, 61. These parcels were acquired at dif- ferent times. But originally, the intended to be clause shows that in 1969 they existed as separate lots. So at the time they were created, they met the zoning requirements. They've since, conveyed to new owners. Two of the three lots have houses on them. The lots are the further north. The lot that is immedi- ately adjacent to 25 is vacant. The lot to the north of it is owned by Dunn. The lot next to that is owned by McKyver. CHAIRMAN GOEHRINGER: That's a fairly new house. MR. CUDDY: Both those houses are new houses. And I would just offer up three copies of deeds for those respective lots. Per- haps just to assist a little bit, this is a tax map showing the same information on it except that these lots now are numbered consecutively so that you can see where they are and they fit right in here. I would also offer up to you at this time a con- tour map done by VanTuyl. It's in two sections. I'm doing this to show you the houses that are built there so we can project what a house on 25 would look like. This shows you the lots in Page 3 - ~hursda~arch 17, 1988 Public Hearing --~Dale Maynard Southold Town Z.B.A. MR. CUDDY (cmntinued): question. There is the existing house of Mr. Maynard right here. This is the building envelope that would meet the old standards of 35 foot setbacks based on the old "A" District. Immediately to the north then, would be this map. So that running it this way, these lots basically have the same contours. The Dunn house is on the middle lot. That house has exactly, that lot has ex- actly the same contours that are on this lot when you match them up. When you heard the case in 1981, there was no houses on those lots. I think that looking at the lots themselves, there may have been an error made as to which lot was steeper. But certainly, the Maynard lot which is 25, has no greater slope than the Dunn lot which is the middle one on the contour map. We have for the Board, I don't expect you to review them all, but these are pic- tures of the various lots that we're talking about, tax map lots, showing the angles, showing the houses that are on them. They are new houses. They have been built in the last two years. I would also submit to the Board, copies of appraisals, appraisal state- ments from A.W. Albertson, Marion King and from Hahn Realty stating in effect that the two lots sold separately would be 45 to 50 thousand dollars different then the whole package. That is 25 and 26 sold as one lot. Mr. Maynard acquired his lot, the parcel here, in~1982- He would very much like to sell the parcel which is desig- nated as 25 which is the vacant lot. He's been approached by a Mr. Keirnan who is here tonight. Mr. and Mrs. Maynard are here. Mr. Kiernan is here. Mr. Kiernan has lived here all his life. He wants to remain here and this lot is a lot that he can afford to buy. It will be sold in the vicinity of 16 thousand plus dollars to him. It's not as affordable as we think of it in the planning area but it's certainly an affordable lot to somebody who is try- ing to stay here. He can manage this situation and he can pay for it and he can build a house on it. That's certainly a make way type bargaining but I do point out to you that there is some merit in having somebody buy a lot that can afford to put a house on it and remain here as opposed to going some other place. I would ask the Board, based upon the fact that I think there was an oversight, as a matter of law, as to the exemptions. And fur- thermore, I think that the facts show that there can be a house built upon this. And one of the reasons for your earlier denial was a question of contour line. I think that the contours show that you can build on lot 25 just as well as you can build on the lot that's two lots away. I believe that the~e are compelling reasons today that weren't there in 1981 to,dress this particular application and approve it to divide both those lots so that Mr. Maynard has the same lot as everybody else in Seawood Acres and there are over thirty lots that are small lots in that area. It's certainly not going to adversely effect the neighborhood and I suggest that it's in keeping within precisely with what the town had in mind for that area. Mr. Maynard is here. Mr. Kiernan is here. A neighbor is here if there are any questions. Page 4 - Thursdi March 17, 1988 Public Hearing ~ale Maynard Southold Town Z.B.A. CHAIRMAN GOEHRINGER: I don't have any questions to be perfectly honest with you. If anybody would like to speak, they're welcome to for the record. And we thank you very much. MR. CUDDY: Thank you for listening CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak in favor of the application? Anybody like to speak against the application? Hearing no further questions, I'll offer a motion gentlemen, closing the hearing and reserving decision until later. Ail in favor - AYE. Distribution Hearings Southold List of March 17, 1988 Town Board of Appeals Copies to the foll6wing on or about March 8, 1988: Suffolk Times (Personal Delivery 3/8) L.I. Traveler (Personal Delivery 3/8) Charles R. Cuddy, Esq. (for Maynard) 180 Old Country Road, Box 1547, Riverhead, NY ll901 Mr. and Mrs. Robert Staron, Waterview Drive, Southold, NY 11971 Mr. and Mrs. Ernest G. Robinson, 223 Diane Place, Paramus, NJ 07652 Mr. Garrett A. Strang, R.A. as Agent for Robert Clemens Box 1412, Southold, NY 11971 Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 Patricia C. Moore, Esq., Box 23, Main Road, Mattituck, NY 11971 Attorneys for Mr. and Mrs. Peter Herz Richard J. Cron, Esq., Cron & Cron, Main Road~ Cutchogue, NY 11935 Stephen R. Angel, Esq. as Attorney for Jon C. Kerbs Esseks, Hefter & Angel, Box 279, Riverhead, Mr. Jon C. Kerbs, Box 525, Greenport, NY 11944 NY ll901 The Cove at Southold, Inc., 5044 Expressway Drive South,-Ronkonkoma 11779 Others: Mr. Robert Thompson and Mrs. Jean Dickinson Thompson P.O. Box 309, Southold, NY 11971 James Bitses, Esq., Main Road, Southold, NY 11971 Mr. and Mrs. Wesley R. Dickinson, Bayview Road, Southold, NY 11971 Mr. David Gunselman, Hiawathas Path, Southold, NY 1t971 Mrs. Robert W. Greene, Main Bayview Road, Southold, NY 11971 Laughing Waters Property Owners Assn., Inc., Box 20, Southold, NY Mrs. V. Gifford, Box 312, Southold, NY 11971 Mr. Bud Young, Private Road off Main Bayview Road, Southold, NY Southold Town Trustee Office Southold Town Building Inspectors Office Town R611 Bulletin Board (lobby) Individual ZBA files Individual Board Members with related info from file 11971 11971 JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 February 16, 1988 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No.3714 , application of Dale Maynard for a variance. Also included in notification to adiacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. 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 GHAItLES 1{. G~3DDY ATTORNEY AT LAW 180 O~ GOUNT~Y ROAD (~TE. 58) R~RmD, NY 11901 February llth, 1988 Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Dale Maynard Dear Sir or Madam: In connection with the above application for a variance hearing, the applicant seeks permission to separate merged lots into lots as shown on the filed map and tax map which property is located the Residence A District. We enclose the following: 1. Zoning Board Application; 2. Notice of Adjoining Property Owner's Form; 3. Four survey prints; 4. Short Environmental Assessment Form; 5. Zoning Board of Appeals Questionnaire; 6. and a check in the amount of $150.00. Please place this on your calendar for the March, 1988, meeting and notify us of the anticipated time that the application shall be heard. Thank you. Very truly yours, Charles R. Cudd~J CRC: cz enclosures ((~ ,. ~ ( d,£~ t , c in BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Dale Maynard to the Board of Appeals of the Town of Southold TO: HAROLD REESE, JR. 855 Sunrise Highway Lynbrook, NY 11563 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) (:~~(~q~aifa~d~a~t~ (Other) [circle choice] 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: Seawood Drive, Southold, New York District 1000 - Section 79 - Block 7 - Lots 64 and 65 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residence (A-80) 4. That by such Petition, the undersigned will request the following relief: Relief from bulk schedule includinq butnot limited to approval of lot area for lol~ having dimensions of approximately 100' x 130'3 known as Lots 64 & 65 on the tax map and LolLs zb anO 7b on ~iled map $. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- signed are Article 100 Section 31 [ ] 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 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 Towf~ 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: February 12th . 198~ DALE MAYNARD Petitioner Owners'Names: Dale Maynard Post Office Address 6 Peter Cooper Road New York,NY 10010 Tel. No. ( ) [Copy of sketch or plan purposes.] showing proposal to be at'taCh'&d-.'~O~ ~Qvenience PROOF OF MAll. lNG OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Harold Reese, Jr. - 855 Sunrise Highway, Lynbrook , New York 11563 P 429 503 786 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Christine Zaweski , residing at Riverhead, New York , being duly sworn, deposes and says that on the 1Zth day of Februar,y ,19 88 , 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 Po~t Of- fice at Ri verhead ~ New York ; that said Notices were mailed to each of said persons by (certified) (rxe~i~~ mail. Sworn to before me this 12th CHARLES R. CUDDY Nelmy Public, State of New York No. 5872225 Qualified in Suffolk County Commission Expires Dec. 31, 1988 (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : Dale Maynard : . to the Board of Appeals of the Town of Southold : TO: HAROLD REESE, 855 Sunrise Highway Lynbrook, NY 11563 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) (~rel:~:r~i~;P&Fl~ (Other) [circle choice] ). 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: Seawood Ortve~ South01d~ New York District 1000 - Section 79 - 81ock 7 - Lots 64 and 65 3. That the property which is. the subject of such Petition is located in the following zoning district: !'A" Residence (A-80) 4. That by such Petition, the undersigned will request the following relief: Relief from bulk schedule including but not limited to aporova! of lot area for . lo~ havinQ dimensions of approximately 100' x 120', known as Lots 64 and 65 on the tax map and Lots ~5 and 26 on filed map ~_575. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are ~.cle 1000 Secrr~c~ 31 [ ] 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 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: February 12th , 1988 DALE MAYNARD Petitioner Owners'Names: Dale Maynard Post Office Address 6 Peter Cooper Road New York, NY 10010 Tel. No. ( ) [Copy of sketch or purposes.] plan showing proposal t,~ b9 attached for convenience PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Harold Reese, Jr. - 855 Sunrise Highway, Lynbrook, New York 11563 P 429 503 787 1'&7 STATE OF NEW YORK ) COUNTY OF SUFFOLK) Christine Zaweski , residing at Riverhead, New York , being duly sworn, deposes and says that on the~ day of Fmhr,~ary ,19 88 , deponent mailed a true copy of the Notice set forth ~e- verse side hereof, directed to each of the above-named persons at the addresses set opposite their res~ names; that the addresses set opposite the names of said persons are the addresses of said persons as ~1tom, II on the current assessment roll of the Town of $outhold; that said Notices were mailed at the United State~ rice at Riverhead, New York ; that said Notices were mailed to each of Said per~ by (certified) ~r,e/j~:ter~-xl) mail. Sworn to before me this 12th day of February ,19 88 Christtn~eskt CHARLES R. CUDDY N~aty Public, State of New York No. 5872225 Caetm~1.1~. in Suffolk County imlion F-.x,oires De~. 31. 1988 (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 Dale Maynard to the Bo~d of Appeals ofthe Town of Southold TO: DAVID G. FEAVEL Seawood Drive Southold, NY 11971 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) (;l~t~el:kit~.,~l~;el~Xg~KRe~'NIO~ (Other) [circle choice] 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: Seawood Drive, $outhold, New York District 1000 - Section 79 - Block 7 - Lots 64 and 65 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residence (A-80) 4. That by such Petition, the undersigned will request the following relief: Relief from bulk schedule including but not limited to approval of lot area for lotS havin.q dimensions of approximately 100' x 130' ~ known as Lots 64 and 65 on the tax map and Lots 25 and 26 on filed map ~2575. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 100 Sectic~ ~1 [ ] 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 ma)' then and there examine the same during regular office hours. (516) 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 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: Februar), 12th , 1988 DALE MAYNARD Petitioner Owners'Names: Dale May. nard Post Office Address 6 Peter Cooper Road New York, NY 10010 Tel. No. ( ) [Copy of sketch or purposes.] plan showing proposal to be atta'¢hea' f~> ~omvenience NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRES~S David Feavel Seawood Drive, Southold, NeW York 11971 P 429 503 788 STATE OFNEWYORK) COUNTY OFSUFFOLK) SS.: Christine Zaweski ~ residing at Riverhead, New York , being duly sworn, deposes and says that on the ] 2th day of February ,19 88 , 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 Riverhead, New York ; that said Notices were mailed to each of said persons by (certified) ;(~i~vo~ mail. Sworn to before me this 12th day of .__February _ ,19 ~8 ( -- Notary P~Jblic- (~ Christine ~ R. CUDDY Pub#e, State of New ~ ~872225 ~uallrmd in Suffc4k County Commi~on EKoires Dec. 31, 1988 (This side does not have to be completed on form transmitted to adjoining property owners.) cr other lnvon~igotion~ ~v~l bo tmdortalion. (b) l~ any qu~on has boa~ ~nm~or~d '[,~ (C) Ir n!l quuationa have been (d) ~_nvlrn~m,.ntnl A~nnnsm, n~ 1, W~i proJec~ ro~t In a la~go ph~nicnl clmngo %o %he project site or phy:~ically alter moru than 10 acreo of land? . · ..... 2, Will thoro bo a ~Jor chnngo to nny ,n~lqUO Or unuuual land fo~ found on tho ~ltu? Will Fro Jeer el%or or hove n lar,;u uff.cu ~. W~I project have a potuntlnlly l:nMu lmlmc~ on gro~e~atcr quali~7? · . . . ..... 'f.,,.~X ~. W~i project ol~ificnntly, off,:ct rl~alna~? 6. Will project affect any thrent,;n,.I or -plant or anLv.~l specten? , ....... 7. Will proJoct remit tn n ir/tirol' I~dVlq':m W~i project havo'a ~m.Jor offoct C,~ vt:mai 9. Will proJoct advoraol7 impact .ny ~tt.,) crc of hS~toric, pro-historic, or Imloo~tologlcul ~wliroamen~l aro~ by a local al~oncy? W~I proJoct h~vo a ~or offoct on oxls~g ~uture roerea[ional opport~nitiua't ll. Will proJoct.roault' in ~p.2Jm· traffic i>roblet,m systems ? · · 7.-'; X 12. Will proJoct rogt~arly cau:;o -b.l.ct~t)n;tble (;dart:, 1~. Will project have any impact on publtc hctll, th or saf°tY? 'f X IL. Will proJocc ~,ffoct tho uxl'Jtlm: cor.~..m~W [~. Ia there publ.q co t o~ ' v c m''~ ~ , , ,u'~,''c ' Y '. P~rP~lrE.S S/C:I,%T.~EI .......... TITL:': Attorne~ __ ~.,.=~=..), ~. Dale Maynard - -~ ...... QU~STIO,,,A[RE TO BE COMPLETED AND SUBMITTED NITH YOUR APPLICATION FORMS TO TIlE BOARD OF ,,~. -PP[ALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is ans~ered to any questions below, please be sure to depict ~hese areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any propqsals to change or alter land contours? Yes 2.a} Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) , Yes *b) Are there any areas open to a waterway without bulkhead? Yes 2. Are there existing structures at or below ground level such as patios, foundations, etc? ' Yes Are theFe any exis$ing or proposed fences, concrete 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 ~otal: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Are there other premises under your ownership abutting this parcel? If.yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership,'if any)~ State Permit # and Nature: ' Yes Yes Yes Yes Yes Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning. Board Town Board Town Tru'stees County Health Department Village' Of Greenport N.Y.S.D.E.C. Other 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale.(from contract). ll. 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 the subject prgperty at this time and proposed *Please submit photographs tor the record. -- I certify that the above statements are true and are being submitted reliance by~o~~peals in Considering my application. ~ign--~"~ure (Property Own~/~- (Authorized Ag~nc) Yes Yes Yes Yes Yes Yes Yes for § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TI~.USTEES __ The Bonrd of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. WETLANDS [Amended 8-26-76 hy L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently coy. ercd with, or which border on, tidal waters, or'lands lying beneath tidal waters, which at mcan low tide are covered by tidal water:~ to a maximum depth of five (5) feet, including- but not limited t~ banks, bogs, salt marsh, swamps, meadows, flats or other lo~v lying lands ~ubject to tidal action; (2) All banks, bogs, meadows, flats and titlal 'mar~h : subject to such tides and upon which grows or may grow some or any. of the followin~': salt hay, black grass, saltworts, sea' lavender, Lall cordgrass, high bush, cattails, groundsel, marshmallow and Iow march cordgrass; and/or (3) All land immediately udjacent to a tidal wetland as defined iu Subsection Al.) and lying within seven- ty-five (75} feet landward of the m.:~t landwai.d edge of such a tidal wetla.d. FRESIIWATER WETLANDS: (1) "Freshwater wetlands" :ts defined in Art/cie 2.1, Ti- tle 1, § 2-1-0107, Subdivisions l(a) to lid} inclusive, of the Environment:d Cooservation Law of tho State of New York; and (2) All ]anti immediately adjacent to n f cshw; let wet- ]and," as deflucd ill Su sect/on I~(1)and lying with. m seventy-five (75) feet landward of the most land. ward edge of a "fi eshxx utcr wctlaud." 9705 CONSULT YOUR LAWYER BE~ SIGHING THIS INStRUMENT--THIS INSTRU~SHOULD BE USED BY LAWYERS ONLY, THIS INDF. N'rlJR~nm~ the21st BWINVEEN HERBERT W. DAVIDS, residing at 35 Lakeview Drive, Riverhead, New York 11901 and PAULA OEHBrR DAVIDS, residing at 745 Seawood Drive, Southold, New York 11971 day of September , ~netcen hundred a~d eighty-two party of the first part, and DALE MAYNARD and JO ANN MAYNARD, hi~ wife, Cooper Eoad, New York, New York 10010 both residing at 6 Peter TAX MAP DESIGNATION D,n. 1000 S~. 079 Blk. 07.00 Lot(,): 064.000 065.000 of the second part, ~tlll~F.J..q~'t, that the party of the first part, in consideration of Ten ($10o00) ..................... dollars, lawful money of the United States, paid by the party of the second par~, does hereby grant and release unto the party of the second part, the heirs or and assigns' of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lyingand ~ingimOi~ at Southold, in the Town of Southold, County of Suffolk and State Df New York, known and designated as and by the Lot Numbers 25 and 26, on a certain map entitled, "Map of Seawood Acres, Section One", and filed in the Office of the clerk of the County of Suffolk on June.26th, 1956 as Map No. 2575. BEING AND INTENDED TO BE part of the premises conveyed to the grantors ihereln by deed dated August 23, 1967, recorded September 11, 1967 in :Liber 6217 at page 409. 5306 TOC.~TPIER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, ~ TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors aud assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with S~ction 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. ~ ~ ~'IEREOF, the party of the first part ha.s duly executed this deed the day and y~ar first above written. Paul. a Oohrl. e Davidq 21st~y~ September,19 82, befomma ~cmme Herbert Wo Davids and 0ehrle Davids to me Imown to be the individual s described in and who executed the foregoing instrument, and acknowledged tlmt RUDOLPH H. BRUER Notary Public, State of New York Ne. 52-0465530 Qualified in Suffolk County Commission Expires March 30. 198~ STAT~ OF NEW YOLK, COUNTY OF On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so i affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by llke order. the day of personally enme 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the ~ame. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows ; to be the individual described in and who executed the foregoing instrument; that ,he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. ;atgain anl al,' WFI'H COVENANT AGAINST GRANTOR'S ACTS r, Tl. No. Herbert W. Davids and Paula Oehrle Davids TO Dale Maynard and JoAnn Maynard, his wife, Recorded IJ.'].IFE TITLE INSURANCE Company of New York 127 W. Main Street Rivqrhead. N.Y. 11901 Mec.Lr' SECTION BLOCK LOT ~]I~R TOWN of Southold XXX~x~ County of Suffolk RETURN BY MAIL TO: Mr. Dale Maynard 6 Peter Cooper Road, Apt. 10G New York, New York 10010 Zip No. (~) COUNTY OF SUFFOLK T~O~__~_ SOUTHOLD ~ Rea co~,~ c,~t,~ Jm~m~. IOOO Properly Tax Service Agency VIL~G[~ -- -- Rive heod, L I., New York J~ ~c*.~,,~ - J PROPE