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Home My WebLink About3807APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board o£ Appeals NIAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE BOARD OF APPEALS Appeal No. 3807: Application of MOHRING ENTERPRISES, INC. for a 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. WHEREAS, a public hearing was held and concluded on December 8, 1988 in the Matter of the Application of MOHRING ENTERPRISES, INC. under Appeal No. 3807; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board 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 easterly side of North Bayview Road, the southerly side of Pine Neck Road, and the westerly side of Kimberl¥ Lane, in the Hamlet of Southold, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 70, Block 13, Lot 20.20. 2. The subject premises is identified on the Paradise-By-The-Bay Subdivision Map as Lot No. 20; and at the time of filing this application, the lot was vacant land. Page 2 - Appeal No. 3807 Matter of MOHRING ENTERPRISES, INC. Decision Rendered December 16, 1988 3. The subject premises contains a total area of 47,559 sq. ft. and is regulated under Column "A-40" of Article III, Section 100-31, Bulk Schedule, of the Zoning Code, which requires a minimum rearyard setback at 50 feet for a principal structure. The subject premises contains three frontyard areas along the above-noted streets. 4. By this application, appellant reguests an interpretation and a variance approving a 215 ft. long by 85 feet deep, and to locate a new principal dwelling structure as shown on the September 21, 1988 Survey Map prepared by Peconic Surveyors & Engineers, P.C. with setbacks shown as follows: (a) 70 feet from the northerly front property line along Pine Neck Road; (b) 50 feet from the easterly front property line along Kimberly Lane; (c) 223+- feet from the front property line along North Bayview Road; (d) 15 feet from the southerly property line along Lot No. 19. 5. Article XI, Section 100-119 of the Zoning Code provides as follows: CORNER LOTS. (Amended 2-1-1983). On a corner lot, front yards are required on both street frontages, and one (1) yard other than the front yards shall be deemed to be a rear yard, and the other or others, side yards. No obstruction shall be erected or maintained at street intersections within the triangle formed by the street lines of such lot and a line drawn between points along such street lines thirty (30) feet distant from their point of intersec- tion. 6. Article III, Section 100-31, Column "A-40" of the Bulk Schedule, of the Zoning Code, requires minimum: (a) front yards at 50 feet each; (b) rear yard at 50 feet; (c) minimum sideyard at 15 feet; (d) total side yards at 35 feet. 7. Also noted in the subdivision records and the survey map are the restrictions for "natural state" buffers within 20 feet of the front property lines along North Bayview Road and Pine Neck Road, and the requirement for no access off of Pine Neck Road or North Ba~iew Road. 8. Also noted is the fact that some time subsequent to the filing of the variance application and prior to the hearing of this application, a foundation was constructed without the issuance of a Building Permit. In rendering this decision, it is noted that the Board Members do not sanction such unauthorized activities; and the property owner has done so at his own risk. Page 3 - Appeal No. 3807 Matter of MOHRING ENTERPRISES, INC.~ Decision Rendered December 16, 1988 9. In considering this application, the Board also finds and determines: (a) the relief requested is minimal and is not self-created; (b) the relief will not alter the essential character of the neighborhood; (c) the difficulties and circumstances are unique and are not personal in nature; (d) 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; (e) in view of all of the above factors, the interests of justice will be served by granting the relief, requested and conditionally noted below. as 10. No interpretation has been made by this Board to deem either one of the three frontyards a side or rearyard; and accordingly, the front yard areas must continue to be deemed front yards under Section 100-13 - Definitions, of the Zoning Code. Although this does not directly affect expansion of the principal dwelling structure, the location of any proposed accessory buildings or uses will be required to be reviewed by the Board of Appeals by separate application. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance to locate new principal dwelling structure with an insufficient setback at 15 feet from the southerly property line, 70 feet from the northerly property line, and 50 feet from the easterly property, as applied in the Matter of Appeal No. 3804 for MOHRING ENTERPRISES, INC. Vote of the Board: Sawicki, and Dinizio. serious family illness. Ayes: Messrs. Goehringer, Grigonis, (Absent was: Member Serge Doyen, due to This resolution was duly adopted. iiECEIVED AND FILED BY T~ SCUYiiCLD TOWN DATE /~/~/~ HOUR I/ Town Clerk, Town of Southold GERARD P. GOEHRINGER, C~AIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHR]NGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZ[O; JR. SouthOld Town BOard of Appeals MAIN RnAD- STATE: ROAD 2:5 S[3UTHE3LD, L.I., N.Y, llC)?l TELEPHONE (516) 765 1809 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Sect: Law and the Code of the Town of Southold, the will be held by the SOUTHOLD TOWN BOARD OF AP~ Regular Meeting at the Southold Town Hall, Mai NY 11971, on THURSDAY, DECEMBER 8, 1988 at ths 7:30 p.m. · Appl. No. 3803 - JAMES AND PHI Variance to the Zoning Ordinance, Article III Bulk Schedule, for approval of deck with an in rearyard setback. Location of Property: 545 Southold, NY; Terry Waters Map No. 2901, L~t Map District 1000, Section 88, Block 4, Lot 3] 7:35 p.m. Appl. NOo 3792 - NICK THEOPHIL the Zoning Ordinance, Article XI, Section 100- permission to locate swimmingpool with fence e! insufficient setback from average line of blufJ Island Sound. Location of Property: 450 The Marion, NY; Pebble Beach Farms, Inc. Subdivis County Tax Map District 1000, Section 21, Bloc] .On 267 of the Town following hearings EALS at a n Road, Southold, following times: LOMENA MONICA. Section 100-31, sufficient 3ay Haven Lane, [2; County Tax ~S. Variance to [19.2A for Lclosure with an along the Long trand, East .on Lot $135; 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. BERG the Zoning Ordinance, Article III, Section 100 Article XI, Section 100-118, fOr permission to nonconforming single-family dwelling. Locatio 185 Riley Avenue, Mattituck, NY; County Tax M Section 143, Block 4, Lot 29. 7:40 p.m. Appl. No. 3795 - PETER AND DOR Variance to the Zoning Ordinance, Article III, for permission to constrUct detached garage in than the required rearyard. Location of Prope Road 912, Southotd, NY; County Tax Map Distri 78, Block 6, Lot 4.1. 7:45 p.m. Appl. No. 3793 - JAMES AND STE Variance to the Zoning Ordinance., Article XI, 100-119.2(C) for permission to rebuild deck st sq. ft. expansion, within 75 feet of the neare wetlands near Great Pond. Location of Propert Drive, Southold, NY; County Tax Map District RON. Variance to -30A(1) and rebuild existing of Property: ~p District 1000, DTHYMICCICHE. Section 100-32 an area other ~ty: 270 Private ~t 1000, Section 5LAMANOS. ~ection ~ucture with 30+- freshwater 2147 Lake L000, 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 94 on the Map for Philip Druhl, P.B. File 922, endorsed 7:50 p.m. Appl. No. 3804 - ELLEN BLACK to the Zoning Ordinance, Article III, Section Article XI, Section 100-118, for permission tc nonconforming accessory (storage-garage) build frontyard area. Location of Property: 3331 Right-of-Way extending off the west (northwes Avenue, Mattituck, NY; County Tax Map Distric 107, Block 01, Lot i1. 7:55 p.m. Appl. No. 3794 - JERRY AND MA~ Variance to the Zoning Ordinance, Article XI, for permission to construct addition(s) to ex~ with an insufficient setback from the top of Island Sound. Southold, NY; 01, Lot 22.1. ~inor Subdivision ~arch 24, 1970. · YTON. Variance 100-32, and rebuild ing in the rivate side of Grand 1000, Section Y GEORGES. Section 100-119.2 sting dwelling ank along the Long Location of Property: 18565 Solndview Avenue, County Tax Map District 1000, S.~ction 51, Block Page 4 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 8:00 p.m. Appi. No. 3734 - KATHRYN FLEET the Zoning Ordinance, Article III, Section 100 Schedule, for approval of insufficient area, of two proposed parcels in this pending divisi Location of Property: Road, Cutchogue, NY; Block 11, Lot 19.1. North (Northwest) Side County Tax Map District 8:05 p.m. Appl. No. 3780 - ARMANDO CAPPA Zoning Ordinance, Article III, Section 100-30C to erect ground sign, advertising off-premises ("Ciccilino," Fine Italian Dining). Location South Side of Main Road and North Side of Old Southold, NY; County Tax Map District 1000, 6, Lot 11.1. 8:10 p.m. Appl. No. 3805 - PAUL AND MA~ Variance to the Zoning Ordinance, Article XI, for permission to construct deck addition witl setback from existing bulkhead. Location of Mill Creek Drive, Southold, NY; County Tax Map Section 135, Block 3, Lot 39. Variances to -31, Bulk width and depth, on of land. of Old Pasture 1000, Section 103, Variance to the for permission business of Property: Nain Road, ~ction 56, Block kRET KAYSER. Section 100-119.2B an insufficient ~operty: 1005 District 1000, Page 5 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals Side of Private Right-of-Way extending off the Great Peconic Bay Boulevard, Laurel, NY; Cour District 1000, Section 128, Block 6, Lot 13.2. (b) Appl. No. 3799 - Variance to t~ Ordinance, Article III, Sections 100-30 and lC permission to construct principal building roi poolhouse/cabana, accessory to adjoining resid insufficient rearyard setback. Location of Pi Side of Great Peconic Bay Boulevard, Laurel, District 1000, Section 128, Block 6, Lot 13.1 South Side of ty Tax Map e Zoning 0-31, for use as a ence, with an operty: South Y; County Tax Map 8:15 p.m. VICTOR AND LINDA CATALANO: (a) Appl. No. 3800 - Variance to t~e Zoning III, Section 100-32, for p~rmission to locate Ordinance, Article swimmingpool, accessory to the existing residence, in an area other than the required rearyard. Location of Property: West Page 6 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 8:20 p.m. Appl. No. 3796 - ALFRED FALKO%SKI. Special Exception to the Zoning Ordinance, Article IX, Section 100-90 for permission to construct office building w~th storage upon this 6+-acre parcel. Zone District: "C-i" General Industrial. Location of Property: 8595 Cox Lane and the outhwest Corner of Oregon Road, Cutchogue, NY; County Tax Map strict 1000, Section 083, Block 3, Lot 4.6. r~Appl'~the No. 3807 - MOHRING ENTF~PRISES, INC. Va Zoning Ordinance, Article XI, Section 100-119 and Article III, Section 100-31, Bulk Schedule, for permission to locate new dwelling with an insufficient re~ryard setback on a lot which has frontage along three roads: NDrth Bayview Road, Pine Neck Road, and Kimberly Lane, Southold, N~; Subdivision Lot No. 20, Map of Paradise By the Bay; Count Tax Map District 1000, Section 70, Block 13, Lot 20.20. The Board of Appeals will at said time an 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 hearin¢ Each hearing will not start before the time allotted. For lore information, please call 765-1809. Dated: November 22, 1988. BY ORDER OF T[E SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOE~RINGER, CHAIRMAN .................................Bv Linda K wa]~k~~_~_~ ............. X Please Publish the above Legal Notice on or be$ore December 1, 1988 and forward one Affidavit of Publication ~ogether with your voucher on or before December 6, 1988. Thank you. FORM TOWN OF SOUTHOLD BUILDING DEPARTbIENT TOWN CLERK'S OYFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To ....... 347 GLEN COVE AVE. SEA CLIFF, N.Y. 11579 PLEASE TAKE NOTICE that your application dated .. ~fi.~ '.. Construct a one family dwellin~ ~r permit to '~'~6' J§ ................. 19 88 ¥'L~NE .............. Location of Property 135 ~qORTH BAY VIEW RD. SOUTH~LD House No. Street Hamlet County Tax Map No. 1000 Section ...7.0.... ' Block . .1.3. ........... Lot 20.20 Subdivision ................. Filed Map No ............... Lot No ........ ' .......... is returned herewith and disapproved on the following pounds . .u.n. ?.r..A. r ........ t i c 1 e .,...........I I I S e c t i o n 100-31 proposed construction will have insufficient rea~ yard set back. Act, ion re. quit. ed by Zoning Board of Appeals. Modular home constr.uction plans req. uire a stamp of approvsl from New York State/ ............... : ......... Division of Housing and Commu~lity Renewal eo~ )lete with s~gnature and date of approval. THOMAS J. fin~ Inspector SHER RV 1/80 TOWN OF SOUTHOLD, NEW YOI APPEAL FROM DECISION OF BUILDING INSPECTOR ~ ~, D ,NOV ~ 51 TO THE ZONING BOARD OF APPEALS, TOWN OF S~l]~l-~J), 1~ ~, (we).~.?..~:~..%~7..~c~.£.t~.......~....c ....... o, ...~..~Z....~ Name of Appella,nl St ..................................... '~a';~;ii~ ............................................. THE ZONING BOARD OF APRILS FROM THE 'DECISION OF APPLICATION FOR PERMIT NO ..................................... DATED 'eet and Number ~.~a~..:......;HEREBY APPEAL TO HE BUILDING INSPECTOR ON ........... Z...~z.~..L:...~..: ........... WHEREBY THE BUILDING INSPECTOR DENIED TO ...~..?..~..~.: ?....%...~Z% z.t'.:~....~ ........ Name'of Applicant for permit of ....... ~.5.~....~...~...~.~. ~ ~ ............... .g..~.~... Municipali~ Street and Number ( ) PERMIT TO USE ( ) ,PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .~.j..~.......c~...C.~.~.t~....%.~......~..2.~..]~ Street /Hamlet D~strict 1000 Section'~O Block~ Lot ~.~'~ _ ................................ ~ ................................................. burrent Owner Iv~op No, · Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (I section and Paragraph of the Zoning Ordinance by number. Do not Article ~1 .~ il/ Section J ~m '~ I t~ .- t o ~ -5 3. TYPE OF APPEAL Appeal is made herewith for (please (-)() A VARIANCE tb the Z. oninq Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Art. 16 Sec. 280A Subsection 3 (~') '~¢~z~o % ~ x ~., 4. PREVIOUS APPEAL A previous appeal (has) (has not) been rr of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for a variance and was made in Appea.I No ................................. Dated ............... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (/~ A Variance to the Zoning Ordinance ~ X I ( ) A--.....L,.~.._ ~1' is requested for the reason that (Continue on other side) Form. Use District on Zoning Map ~dicate the Article Section, Sub- quote the Ordi.nance.) :heck appropriate box) rown Law ChaP. 62 Cons. Laws ode with respect to this decision REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficUlties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. Tt~e Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CbIARACTER OF THE DISTRICT because STATE OF N -- - Sworn to this ................... ..~X.'.?... .............. day of ....... ~'~'.~..~:....'.~...//~(7...~....~.~.,..~.. ......... 19 Notary Public ~ ~ ',~ ~r~-~~/$- ~o,~ ~TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. ~ LOT FOR~ER OWNER N ~ E ACR. . ] t / I ~ S W TYPE OF BUILDING RES. S~S. VL. ~// FARM COMM. CB. MICS. Mkt. Volue "~ IMP. TO~.L DATE ~A~S ~ '7// ~' // . · r:~' ~ /,~z;,Zl .... , ~ , , f Tillable FRONTAGE ON WATER Wo~land FRONTAGE ON ROAD ./~_~, / Meadowiand DEPTH House Plot BULKH~D Total DWEL£1N~ C,?, ~ Y/ELL OVF..R PINE NECK ROAD 06' 804 E ~5,00' VACANT S 86° 06'50" W ARE~ ~ 47,5.figsq. ft. I. 092acres SUR VE Y OF LOT 20 --' MAP OF' PA/:?AD/$E BY THE BAY FILED NOV. ~ 1976 FIL~ NO, A T SOU THOL O · ~.~ TO~N OF SOUTHOLD SUFFOLK COUNTY~ N.Y. - ~ ~ ~- 70- 1~~ Scale r"= OcL ~6, 19~7 Nov 2/, /988fcerl~ Prepared i~ accordance with fhe minimum etc~da~H far title surveys a~ eat~bI~hed ~ the L. L A. L. $. arid approved and adopmc/ ~r ouch uee by The New ¥o~k State La~d E CER T/F/ED TO: COMMONWEAL TH LAND TIT~ ~ INSURaNcE ~-OMP,~iVy NORTH FORK SANK & TRUST (51 P.O. D L/C, NO. ~ ENGINEER~ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK (~. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN DIRECTOR OF PLANNI~ January 3, 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 Con~nission 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) James H. Bergeron Peter & Dorothy Micciche Victor E. Catalano Victor E. Catalano Ellen Black Guyton Mohring Enterprises 3791 3795 3799 3800 3804 3807 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE. LI.. NEW YORK 1 1781~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I,, N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR, JOSEPH H~..SA~IC. KI James UlnlZlO~ Jr. Pursuant to Board of Appeals the following to Article XIII of the Suffolk County Charter, the of the Town of Southold, New York, hereby refers the Suffolk County Planning Commission: Variance from the Zoning Code, Article ×Z , Section 100-119 Article III, Section 100-31 Variance from Determination of South~ld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3807 Applicant: Mohring Enterprises Location of Affected Land: No. Bayview Rd., Pine Neck Rd. County Tax Map Item No.: 1000-70-13-20.20 Within 500 feet of: Town or Village Boundary Line & Kimberly Lane Southold, NY X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Boundary of Existing or Proposed County, State or Other Recreation Area Federally Owned Federal Park or Land or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to locate new dwelling insufficient rearyard setback on lot having frontage along three roa~s. Copies of Town file and re]ated documents enclosed for your review. Dated: December 20, 1988 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals NfAIN RI:3AD- E~TATE RnAD 25 E~F'IUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 December 21, 1988 Philip J. Cardinale, Esq. Cardinale & Cardinale Main Road - P.O. Box W Jamesport, NY 11947 Re: Appl. No. 3807 - Mohring Enterprises, Inc. Dear Mr. Cardinale: Transmitted herewith for your file and perusal is a copy of the determination rendered by the Board of Appeals recently concerning the above application. Please note that it was the position of the Board not to approve the entire building envelope and determined all accessory buildings will require additional review through the Board of Appeals. Please be sure to return to the Building Department for issuance of additional documents which may be necessary. A copy of this decision has also been furnished to their 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 Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. List of Mailings Hearings for December 8, 1988 Southold Town Board of Appeals Copies mailed to the following on or about 12/1/88 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) Mr. James Manos 2147 Lake Drive Southold, NY 11971-1543 Peconic Development Corp. Box 594 Mattituck, NY 11952 (Re: Guyton) Ward Associates (Re: 1500 Lakeland Ave. Bohe~ia, NY 11716 Georges) Abigail A. Wickham, Esq. Main Road - P.O. Box 1424 Mattituck, NY 11952 (Re: Fleet) 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 TOWN CLERK To: F rom: Dated: Transmitted herewith is Zoning Appeal NO. Mohring Enterprises· Inc. OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk November 25, 1988 3807 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; lektter 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 ~a~n ~oad November 23, 1988 Ms. Linda Kowalski Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Paradise by the Bay Variance Application Southold, NY Dear Ms. Kowalski Enclosed please find required documents for Zoning Board of Appeals variance application re the above, as per instruction sheet and our discussion, including, Notice of Disapproval from the Town Building Department, application in triplicate, Environmental Assessment form, Zoning Board of Appeals questionare, copy of vacant land certificate of occupancy for the lot, four original prin s of the survey and a check for $150 filing fee. As per our discussion and the^copy of the subdivision map, applicant is surrounded by three roads and"owns or has an interest zn, as per section 100-125, the lots 12-19 immediately adjacent to this one, bringing us to North Bayview Road. Accordingly, the subject property is effectively bordered by streets only and, therefore, as per our discussion, published notice is all that would appear to be required by section 100-125 in this case. Should you wish any further notice, please advise upon receipt. Thank you for your prompt attention and cooperation. Sincerely PHILIP J. CARDINALE PJC/cmg eno. DWE/-L/NG CP. & WELL oVER iO0' SURVEY OF LOT 20 PINE NECK ROAD STK 295.00' N 86° 06' 50" E L,.~ I rE.¢~ 1 ,.o'S . AREA = 47,559sq. ft. ~~~ ~ ( VACANT ) or · ~ v ~ ~ f.092acres Prepared in accordance with the m/~imum standards for title surveys as e~tabJi~,~J by the L.I.A.L.S. and approved and adopted for such use by The New York State Land Title A~eciation. MAP OF PA RA D/SE B Y THE BAY ~"ILED NOV. 4~ 1976 FIlE NO, 6465 A T SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. I000 - 70 - 13 - 20.20 Scele I'" = 40' Oct. 26, 1987 MAIN ROAD SOUTHOLD, N. Y. 11971 LIC. NO. 49668 & ENGINEERS, P.C. ~ NECK PINE / / I I ./ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y, TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS December 8, 1988 GERARD P. GOEHRINGER, CHAIRMAN S · 'R.. Q . R · A . CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPHH. SAWICKI Notice of Determination of Non-Significance James Dinizio, Jr. APPEAL NO.: 3807 PROJECT NAME: Mohring Enterprises 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 cant adverse effect on the below. the within project not to have a sig~[ifi- environment for the reasons indicated 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: Permission to locate new dwelling with an insufficient rearyard setback on a lot which has frontage along three roads LOCATION OF PROJECT: Town of Southold, County of Suffolk, more · particularly kngwn as: North Bayview Rd., Pine Neck Ro~d and Kimberly Lane, Southold, NY 1000-70-13-20.20 REASON(S) SUPPORTING THIS DETENMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Construction proposed is landward of existing structures. (3) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsKi, Secretary, Southold Town Board of Appeals, Town 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. NOTICE OF HEARINGS NOTICE IS HEREBY ~C~iVEN, pursuant to Section 267 of the Town Law and thc r~0dc 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 HalI~ Main Road, Southold, NY 11971, on THURSDAYt DECEMBER 8, . 1988~ atlh~ fqllo.wing tim.eft: '7:30 p.m. Appi. No. 3803-- JAMES AND PHILOMENA MONICA. Variance to the Zon- ing Ordinance, Article III, 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 111. Section 100-30A(I) and Article XI, Section 100-118, for permission to rebuild exist; lng 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 Ill, 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. 7:45 p.m. Appl. No. 3793-- JAMES AND STELLA MANOS. Variance' to the Zon- ing Ordinance, Article Xl, Sec- tion 100-119.2(C) 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 Sub- division 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 Ordi- nance, Article III, 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, -I petty: 3331 Private Right-of-Way extending off the west (north- West) side of Grand Avenue; · Mattituck, NY; County Tax Map District 1000, Sect on 10'/~ 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 exist-,~ lng 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 FLEETr Variances, to the Zoning Ordinance, Arti- cle Ill, 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 100-3{3(2, 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 Xl, 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. VICTOR AND LINDA CATALANO: (a) Appl. No. 3800--Variance the Zoning Ordinance, Arti-ct 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~ Pi'operty: 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. Spe-' cial Exception to the Zoning .Ora 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. Appl. No. 380%- MOHRING ENTERPRISES, INC. Variance to the Zoning Or- dinance, Article XI, Section 100-119 and Article Ill, Sectiotl 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 10~0, Section 70, Block 13, Lot 20.2~ Thc Board of Appeals will at said lime and place hear any and al} persori~or representative~'de- - ' siringto ~be heard I~ ~aeh Of thif t ahove;niatters. 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 Kowalskip X, i2/1/88 (2) NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, ~urm~t m Se~inn ~67 of the Town ~f Somhold, il~owing he.lags ~ata 2¢gular Meeting at the Somhuld town Hall. Main Rood, Southold. ~ at the following ,.imes: 7:30 p.m. AppI. No. 3103 -- JAMES AND PHILOMI~IA MON- ICA. Vnsiance to the Zoning Ordi- nance, Article IH, Secti~ 100-31, Bulk Schedule, for approval of de~ Locati~ d Property: 545 B~y Hawn Lane, Southold, NY; Terry W~ter~ Map No. 2901, Lot 42; County Tax ~p Dist~ct 1000, Se~ion 88, Block 4, Lo~ 3L 7:3~ p.m. Appl. No. 3792 -- NICK THEOPHILOS. Vasiance to the Zoning Ordinance, A~icle XI, Section 100-119,2A for permission to locate swimmingpool with fence eucl~um with an in sulTt clmt setback from average {ine of bluff along thc Long Island Sound. Location of Property: 450 The Strand, East Marion, NY; Pebble Beach Farina, Inc. Subdivision Lot #135~ County Tax Map District 1000, Section 21, Block 5, Lm 5. 7:37 p.m. AppL No. 3791 -- IAMNS H. EERGERON. V~siance to the ~ing Ordinance, Afllcle Section 100-30A0) and Article Section 100-11g, fo~ permission to rebuild existing nonce~forming sin- #lc-family dwelling. Location of Propezty: 185 Riley Avenue. Matti- rock, NY; County Tax Map District 1000, Section 143. Block 4, Lot 29. 7:40 p.m. Appl. No. 3795 -- PE- ~ AND DOROTHY MICCXCHE. Varbnce to the Zoning Ordinance. Article IH, Secticm 100-3:2 for per- missle~ to c~stmct deteched County Tax Map Dis~ct 1000, Sec- ~ 78, Block 6, L~ 4.1. 7:45 p.m. AppL No. 3793 -- JAMES AND STELLA MANOS. Variance to the Zoning Ordinance; Aflicle XI, Sec~m 100-119.2(C) for permission to re~ild deck structure with ~O~ sq. fL exl~nsion, within 75 fee~ of the ~ f~cshwater wetlands near Great Pobd. Location of Prop- erty: 2147 Lake Drive, Southold, NY; County Tax Map District 1000, Section 59, Eloch 5, Lot 2.2; also known as Let #4 on the Minor Sub- division Map for Phi~p Oruhl, P.B. File #22, endorsad~March 24, 1970. 7:50 p.m.~ Alipl. No. 3804 -- ELLEN BLACK GUYTON. Variance. to the ~m~ng Ordinance. Article HI, Sec~on 100-32. and Article XI. Sec- tinn 100-115, for permission to re- build nonconforming accessory (storage-garage) building in die front~ yard area. Location of Property: 3331. Private Right-of-Way extending off. the west (nord3wes0 side of Grand Avenue, Mauimck, NY; County Tax Map District 1000, Section 107, Block 01, Lot 11. 7:55 p.m. Appi. 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 insu ff'tcie~t setback from the top of bank alan8 the Long Island Sound. Location of Property: 18565 So~ndview Avenue, Sonthold, NY; Ceunty Tax Map District 1000, Section 51, Block 01', Lot 22-1. KATHRYN NLEET. Vatiane~ to the' Zc~ng Ordnance, A~icle I~, Sectinfl 100-31, Bulk Schcdule. for approval of inmff'tcimt are~. width and dep~,' of two pmposad F~rcels in this pend, ~ In# division of land. Location of Property: Noflh (Northwest) Side of Old Pasture Re~d, Cutehogue, NY; County Tax Map District 1000, Se¢- tiofl 103, Block 11. Lot 19.1. 8.'05 p.m. AppL No. 3780 -- ARMANDO CAPPA. Variance to the Zaning Ordinance, Aflicle Nr Section 100-30C. for permls~ion to e~ct ground alga. advertising off- p~mises business CCiccllino," Fine T,,[{,,~ Dining). Location of Properly: South Side of Mm Raad and North Side of Old MaIn Road. Southuld; NY; County Tax Maim District Soction.~,Blc~k6. Let 11.1. · g:lO p.m, Appl. No. 3g05 r~ PAUL AND MARGARET/' KAYSER. Variance to the Zoning Ordinance, A~tcle XI. Section 100, 119.21{ for penuiuinn to ccmtmct. back from existing bulkhead. Loca- tin~ of I~c~esmy: 1005 Mill Drive, Southold, NY; County Map District 1000. Section 135~ Block 3. Lot 39. 8:15 p.m. VICTOR AND LINDA CATALANO: (a) Appl. No. 3800-- Variance to the Zoning Ordinance, Article HI, Section 100-32, for penuisalon to locate swimmingpool, accessory to the e~isting residence, in an area other- Prope~y: West Side of Private Ri~ht~ of-Way extending off the South Side. of Great Pecoul¢ Bay Boulevard,. Laurel, NY: County Tax Map Disttict 1000, Section 128. Block 6, Let 13.2. Om) AppL No. 3799 -- Vatiance to the Zoning Ordinance, Articl~ HI, Sectiom 100-30 ~d 100-31, fo~ per-' mission to construct principal build-' in# f~r u~e aq · poolhou#e/cchana~ an in~ufflclent ma~,/ard setback. cation of Property: South Side of O~at Peeoinc Bay Bonlevard, Lau~l, NY; County Tax Map District 1000. Secrieu 128, Block 6, Lot 13.1. 8:20 p.m. Appl. No. 3796 -- ALFRED FALKOWSKL Special Article IX, Section 100-90 fo~ permission to e~$truet office building with storage ulxm th~s 6~ a¢~ parcel. Zone District: "C-I'" General Indust~al. Lo~ation o£ Property: 8595 Cox Lane and the Southwest Comer of O~gon Road, Cutchogue, NY; Coumy Tax Maim MOHRING ENTERPRISES. mC. Variance to the Zeoing Ordinance, Article XI, Section 100-119 and Article HI, Section 100-31, Bulk/ Schedule, for permission to locate(~ new dwelling with an Inmfficiem~ ~Jv/ard setback on · let which has frontage along three roads: Bayview Road, Pine Neck Road, and Kimburly Lane. Southold. NY; Subdivision Lot No. 20. Map of Paradise Ey the Bay; County Tax ,~Msp Distsict 1000, Sectinn 70. Block The Board of Appeul,~ will at time and place hear any and all per- se~s o~ ~p~esentatives des~ng to be heard in each of the above matters. Wriue~ comments may xi~.be sub- miued prior to the conclusion of the mbject hearing. Each hearing start before the time allotted. F~r mom information, please call 76~- 1809. Dat~l: Novembur 22. 1985. SY ORDE~ OF THE SOUTHOLD TOWN EOARD OF APPEALS' GERARD P. GOEHRINGER; CHA]~RMAN By .Linda Kowalski 6135-1TD1 Ipal o! hlch ih o! / RY PUGLIC, ,~t~te 0~ Ne~York ' "~uff0lk County No 4~456~0/, Term E~pires February/19 ~,/x Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2S =~OUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 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 C PROJECTI.D. NUMBER 617.2~L~r SEQR 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) ,. APP.CANT/SPONSOR I" "OJECT,AME. 3o PROJECT LOCATION: Mun,c,pa,,,v ~% ~ ~ ~ Cou..~ ~ ~ ~ ~ 4. PRECISE LOCATION (Street address and roa~ intersections, prominent landmarks, etc., or provide maD) E. IS PROPOSED ACTION: [] New [] Expansion 6. DESCRIBE PROJECT BRIEFLY: [~ Modificat Ionlalteratlon AMOUNT OF LAND AFFECTED: Initially ,/ acres Ultimately / acres WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? /~Yes [] No II NO, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINIIY OF PROJECT? ~Residentia, [] Industrial t.[] Commercial [] Agriculture [] Park/Forest/Open space [] DescnPe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~Ye$ [] No Il yes, list agency(s) and permit/approvals 1 t, D ES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL'~ ~Yes [] No If ye~, list =§ency name and permit/approval ,~. AS A .ESULI OF P.oPOSED ACTION W,LL EX~ST,NG PE.~,T~APP.OV^L REOU,RE ~OD,F,CA.ON? {:::]Yes ' CERTIFY THAT THE iNFORMATION PROVIDED ASOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantlsponsor ~ ~,.~ ~C~ '~5 ~ b~ Date: ' 1 Slqnature: If the action is in the Coastal Area. and you are a state agency, complete the Coastal Assessment Form before proceeding with this a~.r~essment OVER I (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be ~:ade by this board before any action is taken. SNORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it i~ assumed that the preparer will use currently available information concerning the project and the likely impacts Of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? 2. Will there be a major change to any unique or unusual land form on the site? 3. Will project alter or have a large effect on an existing body of water? 4. Will project have a potentially large, impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered plant or animal species? 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? 9. Will project adversely impact any site or struct- ute of historic, pre-historic, or paleontologi=ul importance or any site designated as a critical envircamental area by a local agency? 10. Will project have a m~jor effect on existing Or future recreational opportunities? i1. Will project result in major traffic problems or cause a major effect to existing transportation systems? 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? 13. Will project have any impact on public health or safety? 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there publi~'~troversy concer~ng/4he project? ' Preparer's Signature, Yes /NO Yes /NO · ___Yes ~o Yes ~No Yes ~NO Yes ./No . Yes /No Yes /No Yes ~No Yes _~No Yes ____/No TOWN I'~I,' SOUTItOI,D ¢)i'Fl('li ()F llUII. PIN¢; INSI'EC'I'OR ILO. !lOX 728 TOWN IfA I..L SOUIII{)I D,N.Y. tl971 CI';WI'[FICATI'; O[: OCCUFANCY TEL. 765-18 ).. Z-16496 NO ................ December 15, 1987 DATE ......................... VACANT Thi'; CI;I~.TIF[ES that thc lot 90 Ki. mberly Lane Southold, N.Y. Locqkl,m ,,f Pr.perky ."; }lOUSE # STREET t~ET Co.nty" - .70 .Block ...... 13 20. ~O 1, ,. la~ #, Section ..................... Lot ......... , . . . M/o Paradise By the Bay ..... 6463 . _ #..~. ~ont o~ ms >;.l>~;l nt:l. i.~l ly t.. thc apl~l icable provisions of the Zot/ing Code of 'I'1.~ pr.,mi:.t,s are located i.n the A Residential Agricultural Z:mcd Jli~;kri,:t :md mqy b~ u*;ctl lot such uses as are presently aukhorizcd by thc };o;~il~}~ (;(~tlt~ ill :;ll('h dit;tt'iCt subject to, however, all of thc PIOIIRING ENTERPRISES INC. (,~wm;r, ~[ ~ ~(~_,l:X ~ ~( ~ -vc~ 1I *Yt.~,):< X' Building Inspector QUESTIONNAIRE TO BE COMPLETED AND SUB~IITTED YOUR APPLICATION FO?d,IS 'FO Tile BOARD OF APPEALS Please complete[ sign and return to the Office of tile Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? 2.a)Are there any areas which Con=ain wetland grasses? (Attached is a list of the Wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? Yes Yes ~ Yes ~ Se Are there existing structures at or below ground level, such as patios, foundations, etc? Are there any existing or proposed fences, cDncrete barriers, decks, etc? If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground-~l? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground-~l? State total: ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes ~ Yes Yes Yes No Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit % and Nature: Yes Do state whether or not applications are. pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Yes Yes ~ Yes~ Yes~ Yes~ Yes~ Yes~ 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from cQntract) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have . you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes Yes ~ Yes 13. Please list present use or operations conducted upon the subject property at this time and proposed ~ ~"'~/ Please submit photograp~%~ ~o~- .h~ftl~e record. above statements true are certify that th are . .and being submitted for ~eliance by t~a~ of Appea~ ~conslderlng my application· Signature (~roper~ O~er)/~horized AgenC) WETLANDs [Amemled 8-2[;-7t; by L.L. No. 2-1976; 3-26- 85 by L.L. No. A. TIDAL WETLANDS: (1) All lands generally coverlid or in~rmittently cov- ered with, or whicb bord~r on, tidal w~rs, or lands lyin~ beneath tidal waters, which at mean Iow tide . are covered by tidal waters to a max~mnm depth of five (5) feet. including but not limited m banks. bogs. salt marsh, swamps, meadows, flats or other Iow lying lands subject to tidal action: (2) All banks, bogs. meadows, fiats and tidal marsh subject ~ ~uch tides and upon which grows or may grow some or any of the following: salt hay. black grass, saltwort, sea lavender. ~xll cord~rass, high bush. cattails, groundsel, marshmallow and Iow march cordgrass: and/or (3) All land immediately, adjacent to a tidal wetland as defined in Subsection A[2) and lyfn~ within seven- ty-five (75) feet landward of the mast landward edge of such a tidal wetland. FREsIIWATER WETLANDS: (1) 'rreshwa~r w .... etIands as defined m Art c e 2,1. Ti- tle 1. ~ 24~I07. Subdivisions 1(a) ~ l(d) inclusive. of the Environmen~l Conservation Law of the Sta~ of New York: and (2) All land immediately adjacent to a "freshwater wet- !and," as defiaed in Subsection kl(1) and lying with- in seventy-five (75) feet landward of the most land. ward edge of a "freshwater wetland." 9705