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HomeMy WebLinkAbout3803 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 R. SAWlCKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appeal No. 3803: Application of JAMES AND PHILOMENA MONICA for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of deck with an insufficient rearyard setback. Location of Property: 585 BayHaven Lane, Southold, NY; Terry Waters Map No. 2901, Lot No. 42; County Tax Map District 1000, Section 88, Block 4, Lot 31. WHEREAS, a public hearing was held and concluded on December 8, 1988 in the Matter of the Application of JAMES AND PHILOMENA MONICA, under Appeal No. 3803; 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 Bay Haven Lane, in the Hamlet of Southold, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 88, Block 4, Lot 31. 2. The subject premises is improved with a single-family, one-story frame dwelling as shown on the copy of survey map prepared by Roderick VanTuyl as surveyed September 18, 1973, and as shown on the sketched survey submitted under Building Permit No. 14076Z dated June 21, 1985, with sun porch addition amd 16' by 20' open deck addition. Page 2 - Appeal No. 3803 Matter of JAMES AND PHILOMENA MONICA Decision Rendered December 8, 1988 3. The subject premises contains a total area of 15,625 sq. ft. with frontage of 125.0 feet along Bay Haven Lane and is regulated under Column "A" of Article III, Section 100-31, Bulk Schedule, of the Zoning Code, which requires a minimum rearyard setback at 35 feet for a principal structure. 4. The relief requested by this application is specifically a variance from the required 35 feet to allow an open-deck to extend from the back of the house 20 feet, requiring a variance for approximately three feet with a setback as shown at approximately 32 feet. 5. It is understood that the subject deck was constructed pursuant to Building Permit No. 14076 dated June 21, 1985. 6. 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 Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3803 in the Matter of JAMES AND PHILOMENA MONICA for approval of the deck, as applied, PROVIDED that the deck which is the subject hereof remain open and unroofed, {with the exception of a temporary awning}, and not be enclosed or converted to habitable/floor area. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Sawicki. ~Absent were: Member Serge Doyen, due to serious family illness, and Member James Dinizio, Jr., due to bereavement). This resolution was duly adopted. iIECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE/~2//ffJ/_~ HOUR Town Clerk, Town of Southold MAIN ROAD- STATE ROAD 25 SOUTHOLD. L,I,. N,Y, 119'7] APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR SERGE DOYEN JR, JOSEPH H. SAWlCKI JAMES DINIZIO. JR. NOTICE OF HEARINGS TELEPHONE [516 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, DECEMBER 8~ 1988 at the following times: Appl.No. 3803 - JAMES AND PHILOMENA MONICA. ~riance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of deck with an insufficient rearyard setback. Location of Property: 545 Bay Haven Lane, Southold, NY; Terry Waters Map No. 2901, 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, Article XI, Section 100-119.2A for permission to locate swi~ingpool with fence enclosure with an insufficient setback from average line of bluff along the Long Island Sound. Location of Property: Marion, NY; Pebble Beach Farms, Inc. County Tax Map District 1000, Section 450 The Strand, East Subdivision Lot $135; 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 tQ rebuild existing nonconforming single-family dwelling. Location of Property: 185 Riley Avenue, Mattituck, NY; County Tax Map District 1000, Section 143, Block 4, Lot 29. 7:40 p.m. Appl. No. 3795 - PETER AND DOROTHY MICCICHE. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct detached garage in, an area other than the required rearyard. Location of Property: 270 Private Road ~12, Southold, NY; County Tax Map District 1000, Section 78, Block 6, Lot 4.1. 7:45 p.m. Appl. No. 3793 - JAMES AND STELLA MANOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(C) for permission to rebuild deck structure with 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, 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 Minor Subdivision Map for Philip Druhl, P.B. File $22, endorsed March 24, 1970. 7:50 p.m. Appl. No. 3804 ELLEN BLACK GUYTON. Variance to the Zoning Ordinance, Article III, Section 100-32, and Article XI, Section 100-118, for permission to rebuild nonconforming accessory (storage-garage) building in the frontyard area. Location of Property: 3331 Private Right-of-Way extending off the west (northwest) side of Grand Avenue, Mattituck, NY; County Tax Map District 1000, Section 107, Block 01~ Lot 11. 7:55 p.m. Appl. No. 3794 - JERRY AND MARY GEORGES. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition(s) to existing dwelling with an insufficient setback from the top of bank along the Long Island Sound. Southold, NY; 01, Lot 22.1. Location of Property: 18565 Soundview Avenue, County Tax Map District 1000, Section 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 CAPPA. Zoning Ordinancew Article III, Section 100-30C, to erect ground sign, advertising off-premises Variance to the for permission business ("Ciccilino," Fine Italian Dining). Location of Property: South Side of Main Road and North Side of Old Main Road, Southold, NY; County Tax Map District 1000, Section 56, Block 6, Lot 11.1. 8:10 p.m. Appl. No. 3805 - PAUL AND MARGARET KAYSER. Variance to the Zoning Ordinance, Article XI, Section 100-119.2B for permission to construct deck addition with an insufficient setback from existing bulkhead. Location of Property: 1005 Mill Creek Drive, Southold, NY; County Tax Map District 1000, Section 135, Block 3, Lot 39. Page 5 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 8:15 p.m. VICTOR AND LINDA CATALANO: (a) Appl. No. 3800 - Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to locate swimmingpool, accessory to the existing residence, in an area other than the required rearyard. Location of Property: West Side of Private Right-of-Way extending off the South Side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.2. (b) Appl. No. 3799 - Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-31, for permission to construct principal building for use as a poolhouse/cabana, accessory to adjoining residence, with an insufficient rearyard setback. Location of Property: South Side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.1. Page 6 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 8:20 p.m. Appl. No. 3796 - ALFRED FALKOWSKI. Special Exception to the Zoning Ordinance, Article IX, Section 100-90 for permission to construct office building with storage upon this 6+-acre parcel. Zone District: "C-i" General Industrial. Location of Property: 8595 Cox Lane and the Southwest Corner of Oregon Road, Cutchogue, NY; County Tax Map District 1000, Section 083, Block 3, Lot 4.6. 8:30 p.m. Appl. No. 3807 - MOHRING ENTERPRISES, INC. Variance to the Zoning Ordinance, Article XI, Section 100-119 and Article III, Section 100-31, Bulk Schedule, for permission to locate new dwelling with an insufficient rearyard setback on a lot which has frontage along three roads: North Bayview Road, Pine Neck Road, and Kimberly Lane, Southold, NY; Subdivision Lot No. 20, Map of Paradise By the Bay; County Tax Map District 1000, Section 70, Block 13, Lot 20.20. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: November 22, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski Please publish the above Legal Notice on or before December 1, 1988 and forward one Affidavit of Publication together with your voucher on or before December 6, 1988. Thank!you. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated .......................... ,19 ..... for permitlo/ :~....~-"'~[7..k .F'./f.~. 2T~.~. <~- .~..(~. -~(d-~..~:;~/~../:qC. ~ .......... at Location of Property .~. ."/..~.-'J .... .~.x~. .t~. .F'./.,~. ~. . .~fl. .tS(. .~. ........ House No. Street Hamlet County Tax Map No. 1000 Section .~. o?.'~. ....... Block .. (-.2..~,. ...... Lot .~.5./. ....... Subdivision f~'~. ~r3'~-~.. Filed Map No.. ZT.(-?./ .., Lot No .................. is returned herewith and disapproved on the following grounds ./.~2 -/'~t'fl:.7~./.<~t~... .~>7.,~,~c<~.t~.F__/~...,42~.. z~y.~c-.--z.c.:~...z~.~./:C... ?.~.~.... · .~.er.. 2~.c .~.....oz.--.'..~.?..-.~.-7,~.-.a...77....7 .... /.~.~.~..~. <~. ~, ..... ~.~, ........... ~q.. ?~..~,,..~.~,..~.z....ce. :s.c,...:.2:77..~.~..<~..,:r:~... .... Building Inspector RV 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y, 11971 TEL,: 765-1803 Examined....~., .t~'~A.. ?-..~..., 19 ~.ff· Approved .... ~-~-~.~...~.., 19 ~.~. Permit No..}.~..0.?.~...~. Disapproved a/c .................................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Received. ......... ~ ,~'9~... Date ................... 1 ... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before ~ssuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in xvhole or in part for any purpose whatever until ~ Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees [o comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspect~ ....... . 4; d; 4 (Si~dture of app~cant, ~-r name, if a corporation) ...... ............ (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, en~neer, general contractor, electrician, plumber or builder. Name of owner of premzses ...... '.~..~ ~ .~.. ..... ~.RO./~.t.C[ ~~. ............................................ (as on the tax roll or latest deed) If applicant is,,a~9orporation, signature of duly authorized officer. ''(Name and btle of corporate officer) Builder's License .... ......... Plumber's License No ......................... Electrician's License No ....................... Other Trade's bicinse No .... , .................. 1. Location of land on which proposed work ~vill be done .................................................. .., ................. ............... .................... House Number Street Hamlet County Tax Map No. 1000 Section .... 2.~.02 ......... Block ..... .z~ ........... Lot.....~. '~ ............ Subdivision... /. .... ~. ......................... Filed Map No. , .~.~..o../ ....... Lot ............... (Name) 2. State existing use and occupancy of premises and intended use aqd occupancy of proposed construction: a. Existing use and occupancy ...... .~..~.'.~. G.C. f..'~.. ~. ............................................... b. Intended use and occupancy ~'~fl/'~ <l o ,y~,.~ 3~-.,~ .~. _~_,~,. ~/{.. ( 'v"~f-~ /~ 3. Nature of work (check which applicable): New Building ' Addition .. ~ ..... Alteration ~' Repair' . ............. Removal .............. Demolition .............. Other Work ............... f~I ~ 5 ~ ~/~ ~ (Description) 4. Estimated Cost.. -A · 7~- ?..) .q .c.~: ....................... Fee ...................................... '~ (to be paid on ming this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars ........................................................................ 6. If business, commercial or mLxed occupancy, specify nature and extent of each type of use · . t ' ' oepm ............... 7. Dimensmnsofexistingstructures,~fany:Front....~..© ......... Rear ..~.c. ......... '&"2 .... ~'~ ......... Height ./. ............ Number of Stories O,¢E. .. Dimensions of same structure with alterations or additions: Front .. ~.q ........... Rear ./.v.q ............. Depth ....ff~ ................ Height .... /?.: .............. Number of Stories... ¢..~.f.~ ............... 8. Dimensions of.entire new construction: Front .... ~.q ........ Rear .... :~.c~. ........ Depth . .~ .~ ........... Hei~h_t .../,.J..'. ..... N tuber of Stories . ·. q/~'~ .................................... 9. Size of lot: Front .... /.~..5]' .............. Rear ..../.~ ~ ~ ............. Depth ../.'¢.~f ............... 10. Date of Purchase ............................. Name of Former Owner . .~g./.~.~... ~..~2.4'c.c. ~' .......... 1L Zone or use district in which premises are situated .... ~/~.~..~.c. .................................. 12. Does proposed construction violate any zoning law, ordinance or regulation: ..../.'~o.~ ......................... 13. Will lot be regraded ........ ./~.q ................. Will excess fall be removed from premises: Yes 14. Name of Owner of prem~ses ~.~,.,a~- ~¢~';CA' Address ~-~-£.,~v?~,/,~ c~,~ PhoneNo..7/!~F./.¥.7..~.. Name of Architect ........................... Address ................... Phone No ................ · ~.~ .a{£t~c,~ ~6~t¢,~ ................. Name of Contractor ~e .,:.: ......... <~./.~/.¢.~.~?..~. Address ~.~7~I,~ 4~,,'~ ... Phone No. ~fi.~?..~.~ff.~. P10T DIAGRAM Locate clearly and distinctly al! bu;Adings, whether existing or proposed, and. indicate ali set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. j ~5~ STATE OF NEW v, Cx)P, elqe COUNTY OF .... '.¥.'C. 9.: .... S.S ........... /~.*/~. ~..~'. 7~....~.. '....~.'~..//..c' ................ being duty sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. Heis the (Contractor, agent, corporate officer, etc.) of s~d owner or owners, ~d is duly auto,ed to perfo~ or have peffo~ed ~e said work and to m~e ~d f~e this application; that all statements contained ~ ~ application are rme to the best of his ~owledge and belief; ~d that the work will be perfo~ed in the m~ner set for~ ~ the application filed therewith. Sworn to before me this ............ ~ ........ day of ..... ~ ......... , 19~ No. ~7aa~m (Signature of applicant) ~Ci'~f ~'~' TOWN OF. $OUTHOLD, NEW YORK APPEAL FROM~'DECISJbN OF BUILDING INSPECTOR NO. X2 Zk3 DATE/..~.....--.~.Z..~.~. ....... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. / ,, ........ ............... ........ ....... ........................... ~- Name of Appellant ~treet and Number ..~.. ~..~!..Z..t.~.:~}_',~,.~, ..................................................................... .~.......~.. ......... HEREBY APPEAL TO Municipality Sto{fe THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. /...~.....0....?...~...--......~,.... DATED ..(.~. ................................................ WHEREBY THE BUILDING INSPECTOR DENIED TO ~.~-~ ~r~ ¢-¢._ Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ]. LOCATION OF THE PROPERTY .................... ~';~'"7~/~'~'~:'7'"'~"6[~;~"~"~"~p District 1000 Section ~'Block,~Lot~ , . ...................................................... ~urren~ ~ner Map No. Lot No. PPJOP 0~ner -? 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ..~JH~ Section 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (-~') A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York ']'own Law Chap: 62 Cons. Laws Art. 16 Sec: 280A Subsection 3 (') 4. PREVIOUS APPEAL A previous appeal (has) (has_h~not) been made 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 Appea.I No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ~ A Variance to the Zoning Ordinance ) ~s requested for the reason that Form ~.~1 (Continue on other side) IZEASON FOR APPEAL Continued 1; STRICT APPLICATION OF THE ORDINANCE would produce practical difficuities or unneces- / vicinity of this property and in this use district because The hardship created is UNIQUE and is not shared by all properties alike in the immediote 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OFTHEDISTRICTbecause /~/~ /~.~ ,d~ ~;~'~/P/ A~4~ STATE OF NEW YORK )) ss ........ ~,~,.~..~.,.f;~,~'. ...... z/(.~,,.~.~l'l. ............ COUNTY OF ) Sworn to this day Of ........................... ._.,~ ~.. ~? - v- JV TOWN OWNER FORMER 4DWNER OF SOUTHOLD STREET PROPERTY RECORD CARD V I LLAGE W DIST..._.]. SUB. LOT TYPE OF BUILDING LAND ,//~o AGE NEW FARM Tillable 1 Tillable 2 Tillable 3 Woodland Swampl,and Brushland House Plot Total SEAS. IMP. jVL. FARM TOTAL DATE BUILDING CONDITION NORMAL BELOW ABOVE Acre Value Per Value Ac re COMM, CB, MISC. Mkt. Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK M. Bldg. ~xtgns~on Extension Extension Porch Breezeway Garage pa!Jo O.B. Total COLOR TRIM Foundation Basement Ext. Wails Fire Place Type Roof Recreation Dormer Finish Heat Rooms Ist Floor Rooms Driveway i, '--~ - PiPE "' FORM NO. 3 TO~fN OF SOUi'HOLD BUll.DING DEPARTMENT TOWN CLERK'S OFFICE ~OUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE'~ that your application dated ,'or,,e,,,i,.,,,' '- '/;,k · '4'~a'. ~.":~'"Z'.~ .~..~. Ze ~.~,O.,,.,C ~ ...... at ~t~o,, or ~'ro~r~. ,.,.%'(...~.....~.~.V. e/.~....~...../-~.~ ...... ..~r-~/.~...~?.-..a~. "/ Strait Hamlet Co.,t¥ t,,, ~a~, ~o. lO00 S~otio,, .C7,9'.C ....... mo=~, .. C; ' ' ... Lot O..,g. ,/ subaiviaon/,i~. ~.,~-~.. Fil~ Map ~o....g.~..0../ ........ Lot ,o.....6~..Zr .......... is returned ;mr=with and disapproved on the following ~ounds .,/~..,0~: .--~./.~ .~...~76~-'-d'~~ · c,,,,,,~,~.. ..... .~.: ~..~/.vo. z~..~... ~...,~,~..,~c~z.,,.e...z~.L... /.~ .~ .~.~';c2.~' .-..,,~...~.~..~., ,,,...c,,~ ,..o,,..c _ - .... .. ...~ .......... ,~ ,~.. ........... .......... c.¢~ Build±n~ In~pecto:c DR ~0~,~ NO. fl TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) NO 14076 Z g ront e~Lt~-~ Permission Is hereby ~..~.........~..........~... ~....~'~.; .~.,...~x~ c- · ,, .,.., , ,~, , ~ . ,o.,.....~ .'~,,..,, ~P,,-,..~..~ ~,~~ ~ ~ ~.~.~...~.....~.~.t.....~..~ ................... tO ...~. ;..~ ~-.~ ~.;-~'~'**''~ ...... ~ ..... , ~ ~ J . . -- ~~.~~ ,....~ .............................. ~~.....~..~..: ........ ~ ~ ~~ ~....:...~ p ............ ~ ............................................... .~.~ ................................... ~ . ~.~'~ ~, ~o. ,000 ~,,o.....~.~A ........ ,,~ ..... .aA ......... ~o~ No ...... ~ ............. pu~uont to opplicotion dot~ ....... ~~"~ .................. , 19.~.~., ond opprov~ by the Building Inspector. Fee $...~.~......: ........... Building Inspector Rev. 6/30/80 765-!902 9 eM TO a P~ FOLLOX' ' ~0 REQUIRED 1. FOR P~de~n coNCRET~Lu~B~N6 ~ cO~ t~ OCCUPANCY OR t~S,~ iS'Ui, tLAWFUL 'r ,- ~u-F~ F7 'A/ELLS APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWiCK~ JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 December 14, 1988 Mr. and Mrs. James Monica P.O. Box 813 545 Bay Haven Lane Southold, NY 11971 Re: Appl. No. 3803 - Variance for Deck Dear Mr. and Mrs. Monica: 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 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. Wishing you and your family a Merry Christmas and Happy New Year! Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Building Inspectors Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. l~g?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS December 8, 1988 GERARD P. GOEHRINGER, CHAIRMAN S . E · Q . R · A . CHARLES GRtGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION James'J°SEPH H.S%WICKIDlnizio, jr.N°tice of Determination of Non-Si~nificanc~ APPEAL NO.: 3803 PROJECT NAME: James and Philomena Monica This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a sIgnifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION: ApprovaI of deck with an insufficient rearyard setback. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 545 Bay Haven Lane,. South~ld, NY 1000-88-4-31 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA. (3) Construction proposed is landward of existing structures. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, 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. · egal Notices NOTICE OF HEARINGS NOTICE IS HEREBy GIVEN, pursuant to Section ,267 of the Town of Southold, th~f~owin8 hearings will be bellBOy the SOUTHOI.fl ~FOWN BOARD OF APPEAl R at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY. DE- ~ at the following times: 7:30 p.m. Appl. No. 3803 -- JAMES AND PH]LOMENA MON-~ ICA. Vatiance to the Zoning Ouli- nance, Article II1, Section 100-31, B.~. Schedule, for approval of deck g with an insufficlem rearyard setback. Location of Property: 545 Bay Lane, Southold, NY; Tcrt-y Waters Map No. 2901, Lo~ 42; County Tax Map Disuict 1000, Section 88, Block 7:35 p.m, Appl. No. 3792 -- NICK THEOPHILOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2A for permission to locate swimmingpooI with fence encl~ure with ~u insufficient setback from average line of hinff along the Long Island Sound. Location of Property: 450 The Strand, East Marion, NY; Pchble 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 Il. EERGERON. Variance to the Zoning Ordinance, A~icle III, Section 100-30A0) and Article Sectin~ 100-118, for punnission to rebuild e~J~ting nonconforming sin- gin-family dwelling. Location of Prope,y: 185 Riley Avenue, Matti- tock, NY; County Tax Map District 1000, Sectimm 143, Bleck 4, Lot 29. 7:40 p,m. Appl. No. 3795 -- PE- TER AND DOROTHy MICCICHE. Variance to the Zoning Ordinance, Article Ill, Section 100-32 for per- .mission to construct detached garage m mm ama meat than the required mar_ yard. Locatie~ of Prope~y: 270 pti. vate Road #12. ~[outhold, NY; Co~mty Tax Ma! ~Ulct 1000, Sec- tion 78, Block 6,N[~ 4.1. 7:45 p.m. Appl. No. 3793 -- ~AMES AND S~LLA MANOS. Va~n~ ~ ~e ~ing Ordnance, A~e ~, ~ {~ 119.2(C)for ~ssi~ to ~b~d deck structure n~r O~t P~d. ~ of Pap- ery: 2147 ~e Drive, ~u~old, Section 59, Bilk 5, ~ 2.2; also ~o~ as ~ ~4 ~ ~e Minor Sub- &~si~ Map for P~ip ~hl, P,E. File ~22, ~do~ Mamh 24, 1970, 7:50 p.m, Appl. No. 3804 ~ EL~ B~CK GU~N. Vafi~ce Pm~y: N~ ~w~t) Side of Section 100-30C, for permission to erect.ground sign, advertisin,g, pr~mses besiness ("Ciccilino, huluin Dining0. Location of Property: South Side of Main Road and No~th Side of Old Main Road, Southold; NY; County Tax Map District 1000~ Section 56, Block 6, Let 11.1. 8:10 p.m. Appl. No, 3805 --~ PAUL AND MARGARET/ KAYSER, Variance to the Zoning O~dinance, Article XI, Section 100, 119,2B for permission to construct. deck addition with an insufllclem set. back from exis~ng bulkhead. Loca- tion of Property: 1005 Mill Creek Dtive, Southold, NY; County Tar Map District 1000, Section 1~5; Block 3, Lo~ 39. 8:15 p.m. VICTOR AND LINDA CATALANO: (a) Appl. No. 3800 -- Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to locate swimmingpool, accessory to the existing residence, in an area ether than the required reavyard. Location of. Property: West Side of Private Right. of-Way extcndin8 off the South Side. of Great Peconic Bay Boulevard,. Laurel, NV; County Tax Map District 1000, Section 128, Block 6, Lot 13.2. Co) AppL No. 3799-- Variance to the Zoning Ordinance, Amc!c ITI, Sections 100-30 and 100-31, for per~ mission to construct principal build: lng for use a~ a poolhouse/cabana~ accesso~ to ~djoinin§ residence, an insufficient rea~yard sethack. Lo- cation 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 FALKOWSKL Special EXCelXion to the Zoning Ordinance, Article IX, Section 100-90 for permission to construct office building with storage upon this acre parcel. Zone District: General Industrial. Location o£ Property: 8595 Cox Lane and the 8:05 p.m, Appl. No. 3780 -- Southwest Comer of Oregon Road, ARMANDO CAPPA. Vatinnce to Cutchogue, NY; County Tax Map the Za~in80rdinat~e, A~/~h. Irt_ r~.,-. ...... , . Lo~ 4.6. 8:30 p.m. Appl. No. 3807 -- MOHRING ENTERPRISES, ~NC. Variance to the Z~oing Ordinance, Article XI, Section 100-119 and Article ~, Section 100-31, Bulk Schedule, for punnissi~m 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 kg in Kimberly Lane, Southold, NY= ipal Subdivision Lot No. 20, Map of Paradise By the Bay; County Tax Map District 1000, Section 70, Block ¥ of · The Board of Appeals will at said tune and place hear any and all per- hieh sc~s or representatives desiring to be ~d In heard in each of the above matters. Wriuea comments may also be sub- ~ ks mitred prior to the conclusion of the subject heating. Each heating will no~ {f 0 f start before the time allotted. Fo~ more information, please call 765- 1809. Dated: November 22, 1988. BY ORDER OF ~ THE SOUTHOLD TOWN BOARD OF APPEALS. GERARD p. GOEHRINGER~ CHAIRMAN By Lmda Kowalski 6135-1TDl NOTICE OF HEARINGS NOTICE IS H E ~ii~.E BY GIVE~ ~,~'suant~4~ ~ion , ~~the C?l~[ll~$uth~ld, t~ing heanMgs will be aOUW OL ~ ~AgD OF APPEALS at '9 Regula{ ~eting at the Sou~h61d Town Hall~ Main Road, Southold, NY 11971, on THURSDAYr DECEMBER 8, t98~ at~ f~owin~t~gs~ Appl. No. AND PHI~MENA MONICA. %fiance t6 the ~n- lng Ordinance, Article Ill, Sec- tion 1~31, Bulk Schedule, for approval of deck with an insuf- ficient rearyard setback. Loca- tion of ~operty: 545 Bay Haven Lane, Southold, NY; %try Waters Map No. 2~1, Lot 42, County T~ Map District 1~, Section 88, Block 4, ~t 31. 7:35 p.m. AppL No. 3792~ NICK THEOPHILOS. %fiance to the ~ning Ordinance, Arti- cle Xl, Sectio~ 1~-119.2A for permission to locate swimming pool with fence enclosure with an~ insufficient setback from average line of bluff along the ~ng Island Sound. ~cation of Property: 450 The Strand, East Marion, NY; Pebble Beach Farms, Inc. Subdivision Lot ~135; County %x Map District 1~. Section 21, Block 5, ~t 5. 7:37 p.m. Appl. No. 3791~ JAMES H. BERGERON. ance to the Zoning Ordinance, Article Ill, Section l~-30A(I) and Article XI, Section 1~-118, for permission to rebuild exist- ing nonconforming single- family dwelling. Location of Property: 185 Riley Avenue, Mattituck, NY; County Map District 1~, Section 143, Block 4, ~ 29. 7:40 p.~ Appl. No. 3795~ PETER AND DOROTHY MICClCHE. %fiance to the ~ning OMinance, Article Ill, S<tion 1~-32 for permission to construct detached garage in an hrea other than the required ~aryard. ~cation of Property: '270 Private Road ~12,' Southold, NY; County %x Map Dist[ict 1~, Section 78, Block 6, 7:45 p.m. AppL No. 3793~ JAMES A;~ S~ ELLA MANOS. %rmnce to the ~n- ins Ordinan(e, Article XI, Sec- tion 1~-119.2(C) for ~rmission to rebuild deck structure with 30+ sq. ft. expansion, within 75 feet of the nearest freshwater wetlands near Great Pond. ~cation of Pm~rty; 2147 ~ke Drive, Southold, NY; County %x Map District 1~, Section 59, Block 5, ~t 2.2; also known as Lot #4 on the Minor Sub- division Map for Philip Druhl, P.B. File #22, endorsegl March 24, 19~0..'~, &,..~Z %~nce to the ~nifig nan',' Article ~ll, Section 100-g2, a~ Article XI, Section 1~-1~ for ~issi~ b re- bu~brZi~ ~C~ry (stO~mge) buildi~ M the fmnt~a. ~ation of ~y:'~Pri~te ~t~f-Way extend]~off th¢ ~est ~n~th- west) siSe Of ~nd Mattitu~, NY; Cou~y Map District 1~, Section 107, Block 01, ~t. 11. 7:55 p.m. Appl. No. JERRY AND MARY GEORGES. %fiance to the Zoning OMinance, Article XI, Section 1~-119.2 for permission to construct addition(s) to ~ist-,~ lng dwelling w~th an insufficient setback frog?the top of along the ~ng Island Sound. ~cation of Property: 18565 Soundview Avenue, Southold, NY; County %x MaD District 10~, Section 51, Block 01, ~t 22.1. 8:00 p.m. Appl. No. 3734~ KATHRYN FLEET. %riances to the ~ning OMinance, Arti- cle Ill, Section 1~-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 0f Old Pasture Road, Cutchogue, NY; County Map District 1~, Section 103, Block 1}, ~t 19.1. 8:05 p.m. Appl.'No. 3780~ ARMANDO CAPPA. %fiance to the ~ning OMinance, Article Ill, Section 1~-3~, for ~rmis- sion to e~t 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; Counfy %x Map District 1~, Section 56, Block 6, ~t ll.I. 8:10 p.m. Appl. No. 3805~ PAUL AND MARGARET KAYSER. %fiance to the ~n- ins Ordinance, Article Xl, Sec- tion 10~119.2B for permission to construct deck addition with an insufficient setback' from existing bulkhead. ~cation of Pro~rty: I~5 Mill Creek Drive, Southold, NY; County T~ Map District I~, ~ction 135, Block 3, Lot 39. 8:15 p.m. VICTOR AND to the existing ~r than vale Section (b) to the Zonin~ Arti- cle lll,:Sections 100-30 and 100-31, for permission to i:on- struct principal building for use as a poolhouse/cabana, acces- sory to adjoining residence, with a~ insufficient rearyard setback. Location ctf Property: South Side of Great Peconic Bay Boulevartl} Laurel~ Nyi County Tax Map District '~000.~ Section 128, Block 6, Lot 13.1. 8:20 p.rn. Appl. No. 3796'-- ALFRED FALKOWSKI. Spe: rial Exception to the Zoning Or'- . dinance,. Article IX, Section 100-90 for permission to con- struct office building with stor, age upon this 6_+ acre parcel. Zone District: "C-l" General Industrial. Location of Proper- ty: 8595 Cox Lane and the Southwest Corner of Oregon TR~0~d, Cutchogue, NY; County Map District 1000~ Section 08~ Block 3, Lot 4.6. 8;30 l~.m. App[. No. 3807 MOHRiNG ENTERPRISES, INC. Variance to the Zoning Or- dinance, Article XI, Section 100-119 and Article Ill, Section 100-31, Bulk Schedule, for per- mission to locate new dwelling with an insufficient rearyard set- back on a lot which has from~ age along three roads: North Bayview Road, Pine Neck Road; and Kimberly Lane, Southold, s~ NY; ~Subdivision Lot No. 20, Map oL Paradise By the Bay; Couht~ Tax Map District 1000, Section 70, Block 13, Lot 20.20. The Board of Appeals will at said time and place hear any and all persoris:~r repres0ntalivea'de- siring*~'be heard ln'~ael~ ~f'the above 'matters. Written com- rnnents may a!so 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 Kowalskiz.~ IX, 12/1/88 (2) Southold Town Board of Appeals MAIN RnAD- STATE ROAD 25 SOUTHOLD, L.I.o N.Y. llc:J'T1 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI 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 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZ~O, JR. Southold Town Board of Appeals MAIN ROAD- =~TATE RaAD 25 SaUtH[3LD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 List of Mailings Hearings for December 8, 1988 Southold Town Board of Appeals Copies mailed to the following on or about · /Mr. & Mrs. James Monica 545 Bay Haven Lane ~,~ ~ ~ Southold, NY 11971 Mr. Nick Theophilos 387 Broadway New York, NY 10013 Mr. James H. Bergeron 14 Birch Hill Drive Poughkeepsie, NY 12603 Mr. Otto Schoenstein (Re: Box 95 1645 Maple Lane East Marion, NY 11939 Micciche) 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. Bohemia, NY 11716 Abigail A. Wickham, Esq. (Re: Main Road - P.O. Box 1424 Mattituck, NY 11952 Fleet) 12/1/88 Legal Notice of Hearings for December 8, 1988 Copies mailed to the following on or about 12/1/88 North Fork Sign Co. Main Bayview Rd. Southold, NY 11971 (Re: Cappa) Mr. & Mrs. Paul Kayser 1005 Mill Creek Drive Southold, NY 11971 Ms. Patricia Lloyd (Re: 471 Route 25A Rocky Point, NY 11778 Sambach Associates (Re: Box 1033 - Cox Lane Cutchogue, NY 11935 Mr. Philip J. Cardinale Cardinale & Cardinale Main Road - P.O. Box W Jamesport, NY 11947 Catalano) Falkowski) (Re: Mohring) L.I. Traveler-Watchman, Inc. (Official Town Newspaper) Suffolk Times, Inc. Town Clerk Bulletin Board ZBA office Bulletin Board ZBA Chairman and Members with copies from file ZBA Individual Files JUDITH T. TERRY To: F rom: Dated: Transmitted herewith is Zoning Appeal No. Mr. & Mrs. James Monica OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk November 15, 1988 3803 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 IELEPHONE (516) 765-1801 · application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk II~OARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT' the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That itJ~be intention of the undersigned to petition the Board of Appeals of the Town of Southold to requesta (V;~riance)~Special Exception) (Special Permit) (Other) [¢±rcle ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the ,~oper t y_ whi~.~q[.~.~ I /-)/~ ~is the subjectT_l~L~°f such Petition is located in the following zoning district: 4. That by such Petition, the under-.~ign~ed will request the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are A~t~.cle ~ ~::~tLon /~1 ~ I [ ] Section ~80-^, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be hea,rd~at such hearing. Petitioner Owners ' Names: Post Office Address PROOF OF MAILING OF NOTICE ADDRESS p 67~ Sq~ St=q RECEIPT FOR cERTIFIED M~IL {See STATE OF NEW YORK ) SS.: COUNTY OF SUFFOLK) ~,,~ /~0/,_~/{q~. ~ , residing at ~'~ j being duly sworn, deposes and says that on the' /~ . day ~c~r~-~-~'~ , .~, ~. ~' d~onentmailedatruecopyoftheNoti~eset~orth°n~?re' of ~~~ L~'abov~'-na~ed persons at the addresses set opposite their respective ver~ side ~ereof, directed to each namm; that the addresses set opposite the names of said persons are the addresses of said persons as shown on ent roll of the Town of Southold; that said Not ces were malted at the United Stat~ Post Of- the curren~ assessm · ~ ~. ~ ~ ~ · ,k~, ~id Notices were mailed to each of said persons by riceat Y~ ~ 7~ " ..... (certified) (registered) mail. t Sworn to before me this /~ - . day o~1~ 9 ~ _ Notary Public ~ (This side does not have to be property owners.) completed on form transmitted to adjoining ~ropa~er will u~ currently ~vailablo ~nfonn~tlon concurnlng tho project and tho or other tnve~:igatlona w~l be ~dortakon, (b) I~ any question baa boon anoworod Y,:~) ~)m pro~(~c~ ,:~y L~ :,~:n~r~c~nc nnd a . l~,nl£1, canr., ~, W~I project ro~% In a lar'8o phy~lc.l clumgo to the pro~ct sit~ or physically niter more than 10 acres of ~and? . , . , . , Will thor~ bQ a ~Jom chanEo %o unusual lan~ fo~ found on tho W~i pi'eject ~ltor 07 havo a la~;o uffoct on an oxtu%in~ body of wu~r? , · . . G.W~I project have a potentially lal'~u lmpacb on gro~dwatcr quality? · , · · · ~. W~I project sl~lflcantly, uffdct dralna;]o fl~,~ on adjacent slice? , · · · · -plant or ani%ll spccieu? . . . . 7. W~i projee% res%~t la . major .dv(uu., ofl'~:ct oa air quality? , , , , W~i project havc'a ~mJor offoct cn vi,unl kno~ to ba i~portallt %o tho co)r.~unit7? 9. Will projec~ advarsoly impact any sit~) oz' :ltruc~- UFO of h~oric) pro-historic, or I)aluoncoloElc~L ~mportanco o~ any site dosiEn, tnd o~vlronmon~ urea by a local aRancy? . · · lO. W~i project haw a ~Jor affect on exlu~a or future recreational opport~itio~7 ~11. Will project r~sult' in ~m%~or traffic i>roblemn or 12. ~'{ill project regularly cause ,)b 13* Will proJoc~ have ally impact On public health or characte~ of ~ho co~mnlnity ~r nul,;l,~,,)rl~ocd'. . 15. I~ thcre public Contl'ovur:~7 co:c, PRgPLqER' S SICNATL~E: ~ ~ r~ ~ r / . ~ESTIONNA[RE, TO BE COMPLETED ArID SUBHITTED ~ITH~-OUR APPLIC~TIO~I FORI.lS TO TIlE 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 contours9 ... · .. .~ ' ' Yes /1/ 2.a) Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Yes *b) Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes 4. Are the/e any existing or proposed fences, concrete barriers, decks, etc? ' 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Yes Are there other premises under your ownership abutting this parcel? If.yes, please submit copy of deed. Yes 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.): lC. Planning. Board Town Board Town Trustees County Health Department Village' Of Greenport N.Y.S.D.E.C. Other Ye s ~1~ Yes ~; Yes ~ Yes I~ Ye s ~ Yes Yes Is premises pending a sale or conveyance? If yes, please submit copy of namgs or purchasers and conditions of sale.(from contract). 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 a~ 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 To~n Code? Yes ll. : Yes ~N Y e s ~;' 13. Please list present use or ope~.~on, ~-nm'~cte.~ up_on the subject prgperty at this time ~.__~'~ and proposed *Please submit photographs for Lbe record. I certify that the above statements are true and are being submitted for reli,ance by the Board of. Appeals in considering my application. Sign~ure (Proper~y O;.mer) (Authorized Agent) § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TI~.USTEES -- Tho Board of Trustees of tho Town of Southold. [Added 6-5-64 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 hy L.L. No. 2-1976; 3-2~- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or iatermittcntly cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at. mean low tide arc covered by tidal water~ to a maximum depth of five (5) feet, including but not limited to banks. bogs, salt marsh, swamps, meadows, fiats or other ]ow lying lands subject to tidal action; (2) All banks, bogs. meadows, fla~s ami tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and Iow march cordgrass; and/or (3) All land immediately adjacent to a tidal ~vetl:md as defined iu Subsection At2) and lying within seven- ty-five (75) feet bmdward of the mt,:st hmdward edge of such a tidal wetland. FRESIIWATEI{ WETLANDS: (1) "Freshwater wetlanlls" :ts defined in Article 2.1, Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environment~d Couservation Law of ;he State of New York: and (2) All land immediately adjacent to a "freshwater wet- land," as dcfiucd in Subsection B(1) ami lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705