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Home My WebLink About3795 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 ACTION OF THE BOARD OF APPEALS Appeal No. 3795: Upon application of PETER AND DOROTHY MICCICHE for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct detached garage in an area other than the required rearyard. Location of Property: 270 Private Road No. 12, Southold, NY; County Tax Map District 1000, Section 78, Block 06, Lot 4.1. WHEREAS, a public hearing was held and concluded on December 8, 1988 in the Matter of the Application of PETER AND DOROTHY MICCICHE under Appeal No. 3795; 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: Page 2 - Appl. No. 3795 Matter of PETER AND DOROTHY MICCICHE Decision Rendered December 16, 1988 1. By this application, appellant requests a Variance under Article III, Section 100-32 for permission to construct accessory (detached) garage in the most southeasterly frontyard area, as more particularly shown by sketched survey map, with setbacks of 12 feet from the private road (along the southeasterly property line), and a minimum of 35 feet from the northeasterly property line (along land now or formerly of Piscotta). 2. The premises in question is a 17,400+- acre parcel of land with 140.0 ft. frontage along the westerly side of a private right-of-way referred to as Private Road No. 12 (which extends off the south side of Bayview Avenue) and approximately 130 feet along dredged canal in the Hamlet of Southold, Town of Southold, more particularly identified on the Suffolk County Tax Maps as District 1000, Section 78, Block 6, Lot 4.1. 3. The subject parcel is improved with a single-family, one-story frame house and two small accessory structures, all as shown on the above-mentioned survey sketch under consideration. 4. The accessory garage structure is proposed of a size 26 ft. by 30 ft. It is understood that the two small existing accessory structures located along the front property line will be removed from the premises. 5. Article III, Section 100-32 of the Zoning Code provides accessory buildings to be located only in the required rear yard. 6. Article XI, Section 100-119.2 of the Zoning Code prohibits placement buildings within 75 feet of existing bulkheads, and there is no other alternative for appellant to pursue other than a variance. 7. It is the position of this Board in considering this application that: (a) the circumstances are unique to the property and are not personal in nature; (b) the relief requested is not unreasonable and is the minimal necessary; (c) the relief requested will not alter the essential character of the neighborhood; (d) there are other buildings also located in the frontyard area; (e) there is no other method feasible for appellant to pursue other than a variance; Page 3 - Appeal No. 3795 Matter of PETER AND DOROTHY MICCICHE Decision Rendered December 16, 1988 (f) the variance, if granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (g) the interests of justice will be served by granting the variance. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested under Appeal No. 3795 in the Matter of PETER AND DOROTHY MICCICHE for permission to place accessory building in the frontyard area, to be used accessory and incidental to the residential use of the premises (for storage purposes), SUBJECT TO THE FOLLOWING CONDITIONS: 1. No plumbing or other utilities permitted, with the exception of electricity; 2. The frontyard setback be no closer than that as applied; 3. The subject accessory building not be used for sleeping or habitable quarters. 4. The subject accessory building not exceed a total height (to peak) of 18 feet; 5. The overhead doors open to the side (or rear) of the building. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Member Doyen was absent due to serious family illness.) This resolution was duly adopted. GERARD P. GOEHRINGER, /CHAIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON~S, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZlO, JR, SoUthold Town B ard of'Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to SeCtion 267 of the Town Law and the Code of the Town of Southold, the will be held by the SOUTHOLD TOWN BOARD OF APt Regular Meeting at the Southold Town Hall, Mai NY 11971, on THURSDAY, DECEMBER 8, 1988 at the 7:30 p.m, Appl. No. 3803 - JAMES AND PHI Variance to the Zoning Ordinance, Article III, Bulk Scheduler for approval of deck with an in following hearings EALS at a n Road, Southold, following times: 5OMENA MONICA. Section 100-31, ~ufficient rearyard setback. Location of Property: 545 Bay Haven Lane, Southold, NY; Terry Waters Map No. 2901, Lot ~2; County Tax Map District 1000, Section 88, Block 4, Lot 31I 7:35 p.m. Appl. No. 3792 - NICK THEOPHIL~S. Variance to the Zoning Ordinance, Article XI, Section 100-119.2A for permission to locate swimmingpool with fence e~closure with an insufficient setback from average line of bluf~ along the Long Island Sound. Location of Property: 450 The ~trand, East Marion, NY; Pebble Beach Farms, Inc. Subdivision Lot 9135; County Tax Map District 1000, Section 21, Block 5, Lot 5. Page 2 - Notice of Hearings Regular Meeting December 8, 1988 Southold Town Board of Appeals 7:37 p.m. Appl. No. 3791 - JAMES H. BERGERON. Variance to the Zoning Ordinance, Article III, Section 100-30A(1) and Article XI, Section 100-118, for permission to rebuild existing nonconforming single-family dwelling. Location of Property: 185 Riley Avenue, Mattituck, NY; County Tax M~p District 1000, Section 143, Block 4, Lot 29. Appl. - PETER AND DOR.)THY MICCICHE. No. 3795 VarlaSce to the Zoning Ordinance, Article III, Section 100-32 for permission to construct detached garage in an area other than the required rearyard. Location of Property: 270 Private Road 912, Southold, NY; County Tax Map District 1000, Section 78, Block 6, Lot 4.1. 7:45 p.m. Appl. No. 3793 - JAMES AMD STE~LA MANOS. 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 Propertl Drive, Southold, NY; County Tax Map District ~ection ~ucture with 30+- ~t freshwater ~: 2147 Lake ~000, 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 ~22, endorsed 7:50 p.m. Appl. No. 3804 - ELLEN BLACK to the Zoning Ordinance, Article III, Section Minor Subdivision March 24, 1970. UYTON. Variance 100-32, and Article XI, Section 100-118, for permission t~ rebuild nonconforming accessory (storage-garage) building in the frontyard area. Location of Property: 3331 rivate Right-of-Way extending off the west (northwest side of Grand Avenue, Mattituck, NY; County Tax Map Distric~ 1000, Section 107, Block 01, Lot 11. 7:55 p.m. Variance to the Island Sound. Southold, NY; 01, Lot 22.1. for permission to construct addition[s) to exilting dwelling with an insufficient setback from the top of bank along the Long Location of Property: 18565 So~ndview 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. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area, width and depth, of two proposed parcels in this pending division of land. Location of Property: Road, Cutchogue, NY; Block 11, Lot 19.1. North (Northwest) Side of Old Pasture County Tax Map District 1000, Section 103, 8:05 p.m. Appl. No. 3780 - ARMANDO CAPP~. Variance to the Zoning Ordinance, Article III, Section 100-30~, for permission to erect ground sign, advertising off-premises business ( Clcclllno," Fine Italian Dining). Location Iof Property: South Side of Main Road and North Side of Old ~ain Road, Southold, NY; County Tax Map District 1000, S~ction 56, Block 6, Lot 11.1. I 8:10 p.m. Appl. No. 3805 - PAUL AND MARGkRET KAYSER. Variance to the Zoning Ordinance, Article XI, for permission to construct deck addition with setback from existing bulkhead. Mill Creek Drive, Southold, NY; Section 135, Block 3, Lot 39. ~ection 100-119.2B an insufficient Location of Property: 1005 County Tax Map District 1000, Page 5 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 8:15 p.m. VICTOR AND LINDA CATALANO: (a) Appl. No. 3800 - Variance to tk Ordinance, Article III, Section 100-32, for pc swimmingpool, accessory to the existing reside other than the required rearyard. Location of Property: West Side of Private Right-of-Way extending off the South Side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.2.1 e Zoning rmission to locate nce, in an area (b) Ordinance, Article III, Sections 100-30 and'10 permission to construct principal building for poolhouse/cabana, accessory to adjoining resid insufficient rearyard setback. Lecation of Pr Side of Great Peconic Bay Boulevard, Laurel, NY; District 1000, Section 128, Block 6, Lot 13.1. Appl. No. 3799 - Variance to th~ Zoning 3-31, for use as a ~nce, with an Dperty: South County Tax Map Page 6 Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 8:20 p.m. Appl. No. 3796 - ALFRED FALKOWSKI. Special Exception to the Zoning Ordinance, Article IX, Section 100-90 for permission to construct office building with storage upon this 6+-acre parcel. Zone District: "C-i" General Industrial. Location of Property: 8595 Cox Lane and the Southwest Corner of Oregon Road, Cutchogue, NY; County Tax Map District 1000, Section 083, Block 3, Lot 4.6. 8:30 p.m. Appl. No. 3807 - MOHRING ENTE~ Variance to the Zoning Ordinance, Article XI, and Article III, Section 100-31, Bulk Schedule to locate new dwelling with an insufficient rE a lot which has frontage along three roads: N PRISES, INC. Section 100-119 , for permission ~ryard setback on )rth Bayview Road, Pine Neck Road, and Kimberly Lane, Southold, ~; 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 and all persons or representatives desiring to of the above matters. Written comments may al prior to the conclusion of the subject hearin¢ will not start before the time allotted. For please call 765-1809. Dated: November 22, 1988. ~ place hear any be heard in each Do be submitted · Each hearing nore information, BY ORDER OF T~E SOUTHOLD TO~N BOARD OF APPE~S GERARD P. GOE~RINGER, CHAIRMAN By Linda Kowa~.ski Please publish the above Legal Notice on or be~!ore December 1, 1988 and forward one Affidavit of Publication t[ogether with your voucher on or before December 6, 1988. Thank you. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL To . ..~....~..~.~ ..... ~.~. ....f..~:...~.~.,. ~.~ ..... PLEASE TAKE NOTICE that your application dated ........ Z~ ~ .~ ........... 19 ~. Location of Property. House No. Street Hamlet County Tax Map No. 1000 Section ..... 2~ ..... Block ...... ~. ..... Eot ....~Z ...... Subdivision ................. Filed Map No ................. Lot No ........ ' .......... ,~ ==~ ~r~w~)=~ ~.~pro,e~ o. ~ ,o~ow~ ~roun~s .~.~., ._.~. ~...~-~....:~...... .: ..... / .. _t~Z: . ~ n ~ .e ~ ~f_. Building RV 1/80 .,~ ~ /~/v,L~:.,.Z~)/,%/_s TOWN OF SOUTH~D, N~ YORK OCT 3 1988 APPEL FROM DECISION OF BUILDING INSPECTOR AP. L NO. DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTI-~OLD, N. Y,~ ~-r- . _ ~, ................... ...... Name of Appella,nt~ t/d~ S~;~,top.~. ~treet and Numbe~ ......... ....~.~.~.,~.~....~.)...~. ..................................................................... 'g)....~...= ......... HEREBY APPEAL TO I State Municipality ii THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON -- .t ..................... APPLICATION FOR PERMIT NO ....................... DATEDI ...................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit Street and Number Municipal(ty State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ~--,d~-'J-¢ ~)B4 i~ S~o~Oi~- District 1000 Section ~ Block(~ Lot~/ C rrent ......................................................................... :.: ...... u Owner] ¢;~4fC P-- Mop No. Lot No. Prior 0wnerl 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article SeCtion, Sub- section and Paragraph of the Zoning Ordinance by number. Do no~ quote the Ordinance,) Article ~ Section ~ 3. TYPEOF APPEAL Appeal is made herewith for (please check appropriate box) (~/A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 cons~ Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~(has not) been rrade with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (~) request for a variance and was made in Appeal No ................................. Dated ................. ~ .................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (:;:>~ A Variance to the Zoning Ordinance ( ) is requested for the reoson that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produCe practical difficulties or unneces- sary HARDSHIP beeau~ 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this proper,ty and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NO? CHANGE THE Ck!ARACTER OF THE DISTRICT because ~'f~ ~ S )q ~c~ e ' STATE OF NEW YORK ) ) COUNTY OF $~f;a~ ) SS Signature Sworn to this ................. ..~..-~...~ ........... day of ....................................................... ~c-J~ J¢~¢~ , t9 ~P~¢> N~ery Publ~,, State of 528125850, $tdfolk Te;m ;.~ires O;~/;~' 31. FORMER OWNER SEAS. LAND IMP. TOTALL DATE SOUTHOLD VILLAGE RECORD CARD DISTRICT SUB. LOT ACREAGE ~..,, ~.- TYPE OF BUILDING COMM. ~l ~D. I CB I MISC. lest. Mkt. Value REMARKS A~GE NEW Farm Tillable Tillable Tillable 3 Woodland Swamplan_~. Brushland BUILDING CONDITIOF, Ac re BELOW Value per Acre ABOVE FRONTAGE ON WATER / U O Jb ' ~ ~/.~ ~ ~o Value FRONTAGE ON ROAD BULKHEAD DOCK Total M. Bldg, Extension Extension Extension Breezeway Garage Foundation Ext. Wails F i re, P'lace Bath Floors interior Finish Heat Porch Roof Type Porch Rooms 1st Floor Patio Rooms 2nd Floor Driveway Dormer DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK (~. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPE[LMAN 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 Co~mission 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) ~pames H. Bergeron eter & 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 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI James Dinizio, Jr. Pursuant to Board of Appeals the following to X 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 ZZI , Section 100-32 Variance from Determination of SouthOld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3795 Applicant: Peter and Dorothy Location of Affected Land: 2?0 ?r±vate Road ~17, ~ou~ol~, County Tax Map Item No.: 1000- ~-6-4.1 Within 500 feet of: Town or Village Boundary Line NY × Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area 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 L~ithin One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct detached garage in ar~ other than reqquired rearyard. Copies of Town file and related documents enclosed for your review. Dated: December 29, 1988 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONtS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES D[NIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 December 28, 1988 Mr. Otto Schoenstein, Builder P.O. Box 95 East Marion, NY 11939 Re: Appeal No. 3795 - Peter and Dorothy Micciche Dear Mr. Schoenstein: Transmitted herewith for your perusal and file is a copy of the determination rendered by the Board of Appeals at our December 16, 1988 Special Meeting. Please be sure to return to the Building Department and any other agency which may have jurisdiction for issuance of additional documents which may be necessary. A copy of this decision has also been furnished to the Building Department Office to update their files. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Building Inspectors Suffolk County Department of Planning ,*o .~i'/ .-/...*'-~.;. W,; /4 . % / ~' .,~ / .~j' ~ ~' / ~ ' , , ~"% ,. ', ,' ~. ~ : '~/ ~1 ' _ / .~ -~-..,~ ¢~ ., --. .t ~ / ,'~'~'~ ~. ~ ~ . ~-~ · /~- ' 7 X~ :' ',' .. ~%.. ~7 · PETER ~ DOROTHY MICCICHE 8 ~,~ 7,~ 0 ~'~7~.- , FR~JKL/~ E, ~ DOROTHY~MPKI~S ' / ~ ~~ AT BAY VIEW ~F "EW~ / '. $UFW~K COUNTY N ~ / /~°~- - "~" ~ CH~C400 TITtE INSURANCE COMPanY 1 -9 ~v~" C(2,~ Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHrlLD, /.I., N.Y. 1t9'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS December 8, 1988 GERARD P. GOEHRINGER, CHAIRMAN S. '~. Q o R. a CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance James Dinizio, Jr. APPEAL NO.: 3795 PROJECT NAME: Peter and Dorothy Micciche 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. ~n TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION: Permission to construct detached garage in area other than the required rearyard. LOCATION OF PROJECT: Town of Southold, particularly known as: 270 Private Rd. #12, 1000-78-6-4.1 County of, Suffolk, more Southold, NY REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Construction proposed is landward of existing structures. (3) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town }[all, Southold, NY 11971- tel. 516- 765-1809 or 1802. ' ' on Copies of this notice sent to the applicant or his the Town Clerk Bulletin Board. agent and posted ~ C~onty Tax Map District 1000, Sec- (tinn 78, Block 6, Lot 4.1. ~. 7:45 p.m. Appl. No. 3793 -- NOTICE OF HEARINGS JAMES AND STELLA MANOS. NOTICE IS HEREBY GIVEN, ~rsuant to Section ~67 ~ the Town ~ Semhold, d~,,,k~owin8 hearings will be hcld~t~ thc ~ ~.~)~ at a Resular Meetin8 at the Southuld Town Hall, Main Road, Southold, NY 11971, on ~ CEM~F.R 8. 1988 at the foHov~n8 umea: 7:30 p.m. Appl. No. 3803 -- JAMES AND PIOLOMENA MeN- 1CA. Variance to thc Zonin8 Ordi- nance, A~icle HI, Section 100-31, Bulk Schedule, for approval of deck L~atin~ of Pmpe~y: 545 Bay Haven Lane, Southold, NY; Ten~ Waters Map No. 2901, Lot 42; County Tax Map Dis~ot 1000, Section 88, Block 4, Lot 31. 7:35 p.m. Appl. No. 3792 -- NICK THEOPHILOS. Variance to the Zoning Ordinance, A~inin XI, Sectin~ 100-119.2A for Permission to locate swimmingpool wi~h fence enclosure with an insufficimt sotbuck from averase line of bluff alon8 the Lon8 Island Sound. Location of Property= 450 The Strand, East Marion, NY; Pebble Beach Farms, Inc. Subdlvisio~ Lot #135;- County Ta~ Map District 1000, Section 21, Block 5, LOt 5. 7:37 p.m, Appl. No. 3791 -- IAMES H. BERGERON. V~iance to the Zoning Ordinance, Article Section 100-30A(I) and Article XI, Section 100-118, for pen-nissio~ to rebuild elistm8 nonconformin8 sin- §lc-family dwelling. Location of Property: 185 Riley Avenue, Matti- tuck, NY; County Ta~ Map District c.tnl,Section 143, Block 4, Lot 29. p.m. Appl. No. 3795 -- PE-'~ AND DOROTHY IVBCC~CH~ ce to the Zemng Ordlnance, kf · I~, Section 100-32 for per-J yard. L, xatinn of Property: 2'/0 Vahnnce to the Zoning Ordinance, Article Il, Section 100-119.2(C) for parmission to rebuild deck structure v~h 30~ sq. ft. expansion, widdn 75 feet of the hearst freshwater wedande near Gre~t Pond. Location of Prop- erty: 2147 Lake Drive, Southuld. NY; County Tax Map District 1000, Section 59, Block 5, l.m 2.2; also known as Let #4 on the Minor Sub- division Map for Philip Dmhl, P.B. File #22, e~dorsed~March 24,1970. 7:50 p.m. Appl. No, 3804 -- FI l .l~l BLACK GU¥1Y3N. Vadance to the Zoning Ordinance. Article HI, Section 100-32, and Article XI, Sec- lion 100-118, for permission to build nonconforming accessory (storage.garage) building in the fm~t- yard area. Location of Pmpem/: 3331. private Right-of-Way extendin8 off. the west (northwest) side of Grand Avenue, Mattituck, NY; County Tax Map District 1000, Section 107, Block 01, Lot Il. 7:55 p.m. Appl. No. 3794 JERRY AND MARY GEORGES. Vnilance to the Zoning Ordinance, Article XI, Section 100-119.2 for Pennissinn to construct addition(s) to existing dwelling with an setback from the top of bank the Lon8 Island Sound. Location of Pmpe~y: 18565 So~mdview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block 01; Lot 22.1. 8:00 p.m. Appl. No. 3734 KATRRYN FLEET. Variances to the Zoning Oulinmce, A~cle to, Section 100-31, Bulk Schedule, for approvaL- of insufficient ama, width and depth,' of two proposed parcels in this pand, in8 division of land. Location of Property: No~ 0aos~west) Side of Old Pasture Ro~d, Cotchogne, County Tax Mep District 1000, Sec- tioa 103, Block 11, Lot 19.1. 8:05 p.m. Appl. No. 3780 ARMANDO CAPPA. Variance to the Zonin8 Ordinance, Article ITt Section 100-30C, for Penni,ion to erect ground sign, edvertisin8 off- promises business ('CinciEno,' Fine h.]i~,~ DininS). Locstion of Properly: South Side o~ Main Road and Noah Side of Old Main Road, Southold; NY; County T~x Map District 1000~ Section 56, Block 6, Lot ILL ' 8:10 p.m. AppL No. 3805 PAUL AND MARGARET/' KAYSER. Variance to the Zoning Ordinance, Ardcle XL Sectio~ I00, 119.2B for permisai~m to co~stmct- deck ndditinn with an insufficient set, buck from existing bulkhemi. Loca- tion of Property: 1005 Mill Creet Drive, Soothold, NY; County Tax Map District 1000, Section 135; Block 3, Lot 39. 8:15 p.m. VICTOR AND LINDA CATALANO: (a) Appl. No. 3800 -- Var~nce to the Zoning Ordinance, Article Section 100-32, for permission to locate swimminipool, accessory to the existing residence, in an ama other. Property: West Side of l~vate Right. of-Way extending off the South Side. of Great Pcconin Bay Boulevardc Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.2. (b) AppL No. 3799-- Variance to the Zoning Ordinance, Artictc HI, Sections 100-~0 and 100-31, fo~per: rdission to co~stmct principal build'- lng for use as a poolhouse/cabana~ accessory to ~ljdiinn8 r~id~cc, with. cation of Property: South Side of Great P~oinc Bay Boufev~d, Laurel, NY; County Tax Map District 1000. Section 128, Block 6, Lot 13.1. 8:20 p.m. AppI. No. 3796 -- ALFRED FALKOWSKI. Special Article IX, Section 100-90 lot permission to construct office building with storage upon this &ere parcel. Zone Disthct: 'C-I General Industrial. Location o£ Property: 8595 Cox Lane and the Southwest Coreer of Oregon Road, Cutchogue, NY; County Tax Map 8:30 p.m. AppI. No. 3807 -- MOHR~G ENTERPRISES, I~C. Variance to the Zo~ng Ordinance, Article Xl, Section 100-119 nad Article Ill, Section 100-31, Bulk Schedule, for permission to locate new dwelling with an insufficient renryard setback on a lot which has frontagn gong three roads: North Bayview Road, Pine Neck Road, and Kimberly Lane, Southold, Subdivision Lot No. 20, Map of Paradise By the Bay; County Tax Map District 1000, Secdon 70, Block The Board of Appeals will at said time and place hear any and aH pe~- ~s or representatives desihn8 to be heard in each of the above matters. Wriuen cemmenu may also. be sub- miued prior to the conclusion of the subject hearing. Each heating win*not start before the time allotted. more information, please call 1809. Dated: November 22, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS' GERARD P. GOEHRINGER~ CHAIPJvlAN By Linda Kowalski 6135-1TD1 k, in ipal of ~h d In o! / ~ MA~%' K. DEGNAN . I~RY PhalLIC ~t~te '~f New York Term apires ~ebrua~19~ NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall~ Main Road, Southold, NY 11971, on THURSDAY~ DECEMBER 8, 1988 at the follo~ving tim?s: ' 7:30 p.m. Appl. No. 3803-- JAMES AND PHILOMENA MONICA. Variance to the Zon- ing Ordinance, Article Ill, Sec- tion 100-31, Bulk Schedule, for approval of deck with an insuf- ficient rearyard setback. Loca- tion of Property: 545 Bay Haven Lane, Southold, NY; Terry Waters Map No. 2901, Lot 42, County Tax Map District 1000, Section 88, Block 4, Lot JI. 7:35 p.m. App[. 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 Ill, 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 TaR [ Map District 1000, Section 143,] ~Block 4, Lot 29. ~-~ /~ 7:40 p.m. Appl. No. 3795-- I} /PETER AND DOROTHY[/ I MICCICHE. Variance to the,/ ~-~ Zoning Ordinance, Article Ill,/ ] Section 100-32 for permission to{, / construct detached garage in ]' area other than the required ~ [ . rearyard. Location of Property: ~1 ~ 270 Private Road #12, Southold, \ {NY; County Tax Map District ~1000, Section 78, Block 6, Lot ~ 7:45 p.m. Appl. No. 3793-- JAMES AND S1 ELLA MANOS. Varianc~ to the Zon- ing Ordinance, Article XI, Sec- tion 100-119.2(C) for permission i 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 DruM, 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 111, Section 100-32, and Article XI, Section 100-I18, for permission to re- build nonconforming accessory (storage-garage) building in the frontyard area. Location of Pro- perry: 3331 Private Right-of-Way extending off the west (north- west) side of Grand Avenue; Mattituck, NY; County Tax Map District 1000, Section 107, Block 01, Lot. Il. 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-0a 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 FLEET. Vafiances~ 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 III, Section 100-30C, for permis- sion to erect ground sign, adver- tising off-premises business' ("Ciccilino~' Fine Italian Din- ing). Location of Property: South Side of Main Road and North Side of Old Main Road, Southold, NY; County Tax Map District 1000, Section 56, Block 6, Lot 11.1. 8:10 p.m. Appl. No. 3805-- PAUL .AND MARGARET KAYSER. Variance to the Zon- ing Ordinance, Article XI, Sec- tion 100-119.2B for permission to construct deck addition with an insufficient setback from existing bulkhead. Location of Property: 1005 Mill Creek Drive, Southold, NY; County Tax Map District I000, Section IJS, Block 3, Lot 39. 8:15 p.m. VECTOR AND LINDA CATALANO: (a) Appl. No. 3800--Variance to the Zoning Ordinance, Arti-O 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 I000, Section 128, Block 6, Lot 13.2. ~ (b) Appl. No. 3799--Variance to the Zoning Ordinance, Arti- cle 111, Sections 100-30 and I00-31, for permission to con- struct principal building for use as a poolhouse/cabana, acces- sory to adjoining residence, with an insufficient rearyard setback. Location of Property: South Side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.1. 8:20 p.m. AppL No. 3796~ ALFRED FALKOWSKI. Spez cial Exception to the ZoningDr: dinance, Article IX, Section. 100-90 for permission to con- struct office building with stor, age upon this 6_+ acre parcel. Zone District: "C-I" General Industrial. Location of Proper- ty: 8595 Cox Lane and the Southwest Corner of Oregon Road, Cutchogue, NY; County Tax Map District 1000, Section 083, Block 3, Lot 4.6. 8:30 p.m. Appl. No. 3807-- MOHRING ENTERPRISES, INC. Variance to the Zoning Or- dinance, Article XI, Section 100-119 and Article Ill, Sectiofl 100-31, Bulk Schedule, for mission to locate new dwelling with an insufficient rearyard set- back on a lot which has fron~z age along three roads: North Bayview Road, Pine Neck Road¢ and Kimberly Lane, Southold, NY; Subdivision LOt No. 20, Map of Paradise By the Bay; County Tax Map District 1000, Section 70, Block 13, Lot 20.20. The Board of Appeals will at said time and place hear any and all persofis or repres~ntatives'de- siring to ~e heard Iff each Ofthe' } above;matters. Written cOm- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time al- lotted. For more information, please call 765-1809. Dated: November 22, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalskia IX, 12/I/88 (2} APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board o£ Appeals MAIN RnAD- r~TATE ROAD 25 BOUTHI~LD, l.l., N.Y. 119'71 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI 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: Georges) 1500 Lakeland Ave. Bohe~ia, NY 11716 Abigail A. Wickham, Esq. (Re: Main Road - P.O. Box 1424 Mattituck, NY 11952 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 OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: Oct. 28, 1988 Transmitted herewith is Zoning Appeal NO. 3795 , application of Peter and Dorothy Micciche for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD J~ the Matter oY the Petition of : : to the Board of Appeals of the lown of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~(Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribedas follows: '~..,~,.,,q_~ o ~ '~-~rc.~_ +*-4:~rc*o'+& c~ IL~,~_ r ~k C - 3. That the property which is the subiect of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: $. That the provi~f the Southoid Town Zoning Code applicable to the relief sought by the under* signed are Article ~ Sectic~ /~-o - ~ ~- [ ] Section 280-^, New York Town Law for approva] of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the ri~ht to appear and be heard at such hearing~ Petitioner Owners'Names: Post Office Addr~s Tel. [Copy of sketch purposes.] or plan showing proposal a~/wela t~ ~oJ~ ,~lduq ~t~ to b~~~enlence PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS p 012 6DA 105 RECEIPT FOR CER'T~FIED MAIL P 012 608 049 ~ RFCI=IPT 1=Oi4 C:I:=RT~IIEO MAIL ?~OT FOR INTERNAHONAL MAIL L~ (See Reverse) ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.; /UIO'r'~ ~ ~ . [[9 ~'=) . , being duly sworn, deposesland say~ that on the:~'./-~ day of ,~ ,-~-/- a z~ cr ,1 g r~ ~/ , deponent mailed a ~rue copy of the Notice ~t forth on the re- ve~ side hereof, directed to each of the above-named ~ons at the addresses set opposite thor rmpective name; that the addresses set opposite the names of said persons are the addr~ses of said persons as shown on the current assmsment roll of the Town of Southold; that said Noticm were mailed at the United Stall Post ~- rice at ~/~. ~. ~, Sworn to before me this day of _~gC/z-~,~./- ,~ ' / No,a;y;ub,ic [ E~B~ ~N N~ ; that said Notices were mailed to each of said persons by (This side does not have to property owners.) be completed on form transmitted to adJotn,(ng I PROJECTLG. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) A LICANT/SPONSOR 3. PROJECT LOCATION: 4. PRECISE LOCATION (Street address and road intersections, p~ominent landmarks, etc., or ~rovide map) SEQR 5. IS PROPOSED ACTION: vl~ New [] Expansion [] Modiflcationlalteration 6. DESDRIBE PROJECT BRIEFLY: ~_ ~_~ i~..' G~qg~_ 13 qE / 7. AMOUNT OF ~ND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] NO If NO, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~ ~esidential ~-~ Industrial ~',[] Commercial [] Agriculture [] Park/Forest/Open sbace [] Other Describe; 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] NO If yes, list agency(s) and permit/approvals I t. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAL D PERMIT OR APPROVAL? Yes ~[No If ye~, list agency name and permit/approval AS A RESULT F PROPOSED ACTION PERMIT/APPROVAL REQUIRE MODIFICATION? 12. []Yes ~NOFPo WILL EXISTING I CERTfFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE SEST OF MY KNOWLEDGE Signature: If the action is in the Coastal Area. and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) ~nvironmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than l0 acres of land? Yes ~o 2. Will there be a major change to any unique or unusual land form on the site? __Yes ~No 3. Will project alter or have a large effect on an existing body of water? Yes ~No 4. Will project have a potentially large, impact on groundwater quality? Yes ,~No 5. Will project significantly effect drainage flow on adjacent sites? · Yes ~o 6. Will project affect any threatened or endangered plant or animal species? Yes ~No 7. Will project result in a major adverse effect on air quality? Yes ~No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? ____Yes ~No 9. Will project adversely impact any site or struct- ute of historic, pre-historic, or paleontologieal importance or any site designated as a critical envircamental area by a local agency? Yes ~No 10. Will project have a major effect on existing or future recreational opportunities? Yes ~No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? ~Yes ~No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? __Yes ~No 13. Will project have any impact on public health or safety? _ Yes ~NO 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year ~¥es ~No period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there public controversy COncerning the . project? Preparer's Signature: Representing: ZBA ~/75 Date:~~ QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~ITH YOUR APPLICATION ["0~'15 TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals 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 ~reas open to a waterway without bulkhead? ~ ~o 3. Are there existing structures at or below groBnd~ ~, xe~, such as patios, foundations, ets? ~ fi0~e~ b~}~ ~ No 4. Are there any existing or proposed fences, cDncrete barriers, decks, etc? Yes ~ Se 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. ~ No Yes NO 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes N~ 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? Yes ~ State Permit # and Nature: 10. 11. 12. Do state whether or not applications ar~pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees ~m_u4 County Health Department Village of Greenpor% N.Y.S.D.E.C. Other Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from cQntract) Is new construction proposed in the area of contours at 5 feet or less as exists? If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made app%ication to the Town Trustees for an -inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? I Yes NN Yes Yes Yes Yes Yes ~ Yes( Yes ~ Yes 13. Please list present use or operations conducte.~d upon the subject property at this time / ~/~/~ and proposed ~ ~'~,~-~ ~-~,~ 9~- Please submit photographs ~or the record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application. Signature (Property Owner) (A~thorized Agent) 1/88 WETLANDS [Amended 8-26-7(; by L.L. No. 2-1976; 85 by L.L. No. 6-19,q5]: A. TIDAL WETLANDS: (1) All lands generally covered or in~rmi~tently c~v- ered with, or which bor&,r on, ti(Iai waC:rs, or lands ' lyinff beneath ~idal watcr~, which at mcan ~ow t~dc . are covered by tidal waters to a m~ximum depth five (5) feet. including but not limited ~ banks, bogs, salt marsh, swam[~s, meadows, flat~ or other low lying lands subject to ~Jdal ac6on: (2) All banks, bogs, meadows, flats and ~idal marsh : subject ~ such tides and uDon which grows or may grow some or any of the fo~lowinff: salt hay, black grass, sakwor~, sea lavender, tall curdffrass, hiffh bush, cattails, gronndsc], marshmallow and Iow march cordgrass; and/or (3) All land Jmmedla~ely adjacent to a tidal wet[and as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal ~vetland. FRESHWATER WETLANDS: (I) "Freshwa~r wetlands" as defined in Article 24, Ti- tle 1. j 24-0107, Subdivisions l(a) ~ l(d) inclusive, of the Environmen~l Conservation ~w of the Sta~ of New York; and (2) All land immediately adjacent t~ a "freshwater wet- land," as defined in Subsection B(1) and lying with- in Seventy-five (7,5) feet landward of the most land- ward edge of a "freshwater wetland." 9705