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Southold Town Board o£Appeals
HAIN RI'lAD- BTATE RI'lAD 25 BOUTHIILD, L.I., N.Y.
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3696
Application Dated November ]0, ]987
TO:
Mr. John A. Bertani, Builder
for RICHARD NASS
1380 Oakwood Drive
Southold, NY 11971
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on Januar~ ]], ]988,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[×] Request for Variance to the Zoning Ordinance
Article XI , Section ]00-]]9.2
[ ] Request for
Application of RICHARD NASS for a Variance to the Zoning Ordinance,
Article XI, Section 100-119.2 for permission to locate open wooden deck
with a setback of less than 75 feet from existing bulkhead along canal,
at premises known as 50 Willow Point Road, Southold, NY; County Tax
Map District 1000, Section 56, Block 5, Lot 25.
WHEREAS, a public hearing was held and concluded on December lO,
1987 in the Matter of the Application of RICHARD NASS under Appl.
No. 3696; 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 surroundin9 areas; and
WHEREAS, the Board made the following findings of fact:
i. The premises in question is located in the "A" Residential
and Agricultural Zoning District and is identified on the Suffolk
County Tax Maps as District 1000, Section 56, Block 5, Lot 25.
2. The subject premises contains a total area of approximately
18,000 sq. ft. with frontage of 100+ feet along the north side of
Willow Point Road and frontage along Budd's Pond (canal) of 132
feet. The subject premises is more particularly known as Lot #23
on the approved Subdivision Map of Willow Point of June 16, 1966,
Map #4652.
3. The subject premises is improved with a 1½~story frame,
single-family dwelling as shown on the June 16, 1987 copy of a
survey prepared by August Nappi, Northport, NY, certified to
George and Ruth Dornauer, scaled out to 42± feet from the front
property line and 64± feet from the existing bulkhead.
(CONTINUED ON PAGE TWO)
DATED: January 25, 1988.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
F-age 2 Appl. No. 3696
Matter of RICHARD NASS
Decision Rendered January
ll, 1988
4. By this application, appellant requests a Variance under
the Provisions of Article XI, Section lO0-119.2(B) of the Zoning
Code for permission to construct a new open-wood deck construction
at the north side of the existing dwelling of a size approximately
30' by 10 feet as shown by the sketch submitted with this applica-
tion and leaving an insufficient setback at not less than 54 feet
from its closest point from the existing bulkhead.
5. Article XI, Section lO0-119.2(B) requires all buildings
and structures located on lots adjacent to tidal water bodies other
than the Long Island Sound to be set back not less than seventy-five
(75) feet from the ordinary highwater mark of such tidal water body,
or not less than seventy-five (75) feet from the landward edge of
the tidal wetland, whichever is the greater distance.
6. The Courts have held that the area setback variance must
meet the "practical difficulties" standard, considering at least
the following: (a) the relief requested is not substantial in
relation to the requirements; (b) the project as proposed is not
out of character with the neighborhood; (c) the circumstances of
the property are unique and are not personal in nature; (d) the
variance will not in turn be adverse to the safety, health, comfort,
convenience or order of the town; (e) the variance requested shall
be the minimal necessary; (f) there is no other method feasible
for appellant to pursue other than a variance.
7. It is the opinion of this Board as follows:
(a) the relief requested in relation to the requirements
is substantial; however the relief requested in relation to the
existing nonconforming setback as applied is not substantial;
(b) similar setbacks are established in the immediate
area;
(c) the circumstances of the property are unique and
the circumstances are not personal in nature, particularly due
to the nonconforming lot size, width, setback from bulkhead;
(d) the variance if granted as applied would not in
turn be adverse to the safety, health, comfort, convenience, or
order of neighboring properties;
(e) there will not be an increase in population density
thus created by this variance,
(f) there is no other method feasible for appellant
to pursue other than a variance;
(g) the relief requested is the minimal necessary and
is not unreasonable;
(h) that in view of all the above factors, the interests
of justice will best be served by granting the relief, as condi-
tionally noted below.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT a Variance for the construction of the
P~age 3 - Appl. No. 3696
Matter of RICHARD NASS
Decision Rendered January
ll, 1988
open-wooden deck construction, as applied in the Matter of the
Application of RICHARD NASS under Appl. No. 3696, SUBJECT TO
THE FOLLOWING CONDITIONS:
1. Deck not exceed a total 30' wide by 28 feet deep, or
extend further than 10 feet from the rear edge of the dwelling
as exists [as applied];
2. Nearest setback from the bulkhead for the proposed deck
be not closer than 54 feet [as applied];
3. The deck construction remain open and unroofed [as applied],
4. Any and all outside lighting shall
property (similar to a mushroom-type shield)
neighboring properties.
be shielded to the
and not adverse to
Vote of the Board: Ayes: Messrs.
Douglass and Sawicki. (Member Doyen of
This resolution was duly adopted.
Goehringer, Grigonis,
Fishers Island was absent.)
lk
GERARD P. GOEHRINGFR, CHAIR/W/~N
RECEIVED AND FILED BY
THE SOUTIIOLD TO%VN CLERK
Town Clerk, Town of SoutHold
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 b6 held by the SOUTHOLD TOWN BOARD OF APPEALS~
at a'Re9ular Meeting at the~Southold Town Hall, Main Road,
Southold, New York, on'~HURSDAY~ DECEMBER 10~ 1987 at the
following times:
7:30 p.m. Appl. No. 3566 ~ THEODOSE TRATAROS and ERAKLIS
APODIACOS. Variance to the Zoning Ordinance, Article III,
Section 100-31, Bulk Schedule, for approval of insufficient
lot area of proposed Parcel #1 in this pending set-off
division of land located along the south side of the Main
Roads and extending along the east side of Wiggins Lane,
Greenport, NY; County Tax Map District 1000, Section 35,
Block 5, Lot 3, containing a total area of 3.262 acres.
7:35 p.m. Appl. No. 3694 - THERESA CZECH~ Variance
to the Zoning Ordinance, Article III, Section lO0~31,Bulk
Schedule, for approval of the construction of open deck
with an insufficient rearyard setback from the east property
line at premises known as 150 Go]din Lane, Southold, NY;
County Tax Map District 1000, Section 135, '~lock 2, Lot 19.
7:40 p.m. Appl. No. 3695 - HENRY J. SMITH & SON.
Special Exception to the Zoning'Ordinance, Article VIII~
Section lO0-80(B) for permission to construct truck-storage
building in this "C-L~ght Industrial" Zoning District at
premises known as 2740.Peconic Lane, Peconic, NY; County
Tax Map District lO00, Section 74, Block 2, Lot 19.1.
7:45 p.m. ApplI. No. 3689 - PETER AND DIANE LUHRS.
Special Exception to the Zoning Ordinances Article VII,
Section lO0-70(B) for permission to construct addition
for a repair station in conjunctioB with Special Exception
Permit #3161 rendered October 11, 1983~ at premises known
as 45845 North Road, Southold, NY; County ~ax Map District
1000, Section 55, Block 02, Lot 17. Zone District: "B-l."
7:50 p.m. Appl. No. 3691 - HOSNY SELIM~- Variance to
the Zoning Ordinance~ Article III, Section 100-32 and
Page 2 Notice of h~6rings
Southold Town Board of Appeals
Regular Meeting - DeCember 10s
1987
Article XI, Section l:O0-119.2 for permission to locate inground
swimmingpool with decks and fence enclosure landward of
existing dwelling in the front yard and within TOO feet of
the Long Island Sound, at premises known as 855 Soundview
Avenue, Mattituck, NY; County Tax Map District 1000, Section
94, Block O1, Lot 07.
· /~ 8:05 p.m.~ Appl. No. 2696 -____RICHARD NASS.__ Variance to)x~
the Zoning Ordinance, Article XI, Section 100-119.2 for per-
mission to locate open wooden deck with a setback of less. ~
than 75 feet from existing bulkhead along canal, at premises
known as 50 Willow Point Road, Southold, NY; County Tax Map
District 1000,-Section 56, Block 5, Lot 25. _~
8:10 p.m. Appl. No. 3676 ~ ANTHONY ROBUSTELLI. Variances
to the Zoning Ordinance, .Articles: (a) III, Section 100-31
as to insufficient rear yard and side yard, and (b) XI,
Section lO0-119.2 as to insufficient setback from bulkhead
and ordinary highwater mark, End (c) III,'Section 100-31
as to excessive lot coverage, for the proposed construction
of a deck additions at premises known as 5 Haywaters Road,
Cutchogue, NY; Lot 23 and part 'of 22, Peconic Bay Properties~
County Tax Map District 1000, Section lll, Block 1, Lots 19
and 18.
8:15 p.m. Appl. No. 3671 ANDRE~ AND THOMAS CYBULSKI.
Variance to the Zoning Ordinance, Article III~ Section lO0-30A
for permission to utilize premises for book-publishing
operations, wholesale book storage, and updated 280-A
approval over the existing private right-of-way for such
use. Zone District: "A" Residential and Agricultural.
Location of Property: West Side Depot Lane, Cutchogue~ NYi
District 1000, Section 96, Block 5, Lot 1.2 and part of l.l.
8:25 p.m. Appl. No. 3543 - PETER AND BARBARA HERZ.
Variances to the Zoning Ordinance, A~ticle XI, Section
100-119.2 for permission to locate new single-family
dwelling with insufficient setbacks from existing bulk~
head and from highwater areas along Midway Inlet and Hog
Neck Bay, premises known as ~0 Cedar Point Drive, Southold,
NY; Cedar Beach Park Map, Part of Lots 152 and 110~ County
Tax Map Parcel No. 1000-90-02-13.1.
Page 3 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting - December 10,
1 987
8:40 p.m. Appl. No. 356t - DOROTHY L. ROBERTSON.
Variances to the Zoning Ordinance, Article III, Section
100-31, Bulk Schedule, for approval of the insufficient
lot area of two proposed parcels in this pending set-off
division of land with frontage along the south side of
North View Drive, the east side of Private Road and the
north side of South View Drive, Orient, NY; County Tax
Map District 1000, Section 13, Block l, Lot lO.
8:55 p~m. Appl. No. 3686 - FREDERICK AND DIANE RAYMES.
Variances to the Zoning Ordinance,~ Articles: (a) XI,
Section 100-1.19.2 for permission to locate dwelling with
a.~setback of less than 75 feet from existing bulkhead along
Gull Pond Inlet, (b)'Itt, Section 100-3~, for permission
to locate dwelling with an insufficient frontyard setback,
at premises known as 704 Wiggins Lane, Greenport, NY;
County Tax Map District 1000, Section 35, Block 4, Lot 19.
The Board of Appeals will hear at said time and place
all persons or repnesentatives desiring to be heard in each
of the above matters. Each hearing will not start before
the time allotted. Written comments may be submitted prior
to the conclusion of the subject hearing. For more informa-
tion, pleas~ call 765-1809.
Dated: November 18, 1987. BY ORDER OF THE SOUTHOLD TOWN
~OARDiOF ~PP.EALS
GERARD P. GOEHRINGER, CHAIRMAN
~inda ~owalski, Board Secretary
TOWN OFSOUTH@LD
BUILDiNG DEPARTMENT
TOWN CLERK'SOFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
· .~~..~...~.. :~.~.,, .~:~.~.-~.~ ........
PLEASE TAKE NOT[CE that your application dated ...~-~...~..~m..~...
for pemit to construct..~ ~. ~~ ................................... at
.
House No. Street Hamlet
County Tax Map No. 1000 Section .. ~ ...... Block ..... ~.~ ..... Lot . .~ .......
Subdivision.. Filed Map No ................. Lot No ..................
is returned herewith and disapproved on the following grounds..0~.' .~...~..~..~.~4.~.
BuJldLng Inspector
RV 1/80
TOWN OF SOUTHOLD,
APPEAL FROM DECISION OF BUILDING INSPEC]~ 0 ~
TO THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, N. Y;
APPEAL NO. '~ C c~ [-
Name of Appellant Street and Number
........................................................................................................ L.~.. .......... HEREBY APPEAl;. TO
Municipality State
THE:ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. DAT D ....... ; ...... ~,...~ ...............
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
of
........................................................... ., ................................... ........ .........
Street and Number M6nicipality State
( ) PERMIT TO USE
) PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY /6,
·
District 1000 Sectiond1~ Block ~([ot ZA~ _
.................................................................................. burrent Owner
/v~ap No. 'Lot No. Prior Owner /~2~'.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Sectien, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi.nonce.)
Article ~ Section
3, T~E OF APPEAL Appeal is mode herewith for (p~ease check appropriate box)
(~ A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
()
4. PREVIOUS APPEAL A previous appeal (has) (has 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! No ................................. Dated ......................................................................
REASON FOR APPEAL
yA Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
)
~s requested for the reason that
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
Sary HARDSHIP because ~ , ~ , ~ , ~ ~
vicinity of this property and in this use district because
The hardship created is UNIQUE and is not shared by ail properties affke in the immediate
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because ~4r~ ~.t ~ cc~L~r,~._i ~ t~tc~ 6cf-d.~
STATE OF NEW YORK )
)
COUNTY OF~L'~?~3~~-- )
SS
Sworn to this ................................. ..~..~...
~[gnature
day of.....~?~L~..~g~[~';.~. ..................... ]9 ~2
Notary Public
OWNER
FORMER OWNER
TREE'['
CArD
N E
W
SUB. t/' LOT :;9 .~ T>-
SEAS. VL. FARM CB. MICS. Mkt. Value
IMP.
TOTAL
/70 u
_ COMM.
DATE REMARKS
, F~/f
AGE BUILDING CONDITION
i~EW NORMAL BELOW ABOVE
FARM Acre
TilI~ble FRONTAGE ON WATER
Woodland FRONTAGE ON ROAD
Meadowlar~d
House Plot
Value Per Value
Acre
Total
DEPTH
BULKHEAD
DOCK
M. Bldg. 4 ¢JF "d,o -' 9 7 o 3 7 ;)~'
Extensbn
Extension
Porch
Porch
Breezeway
Garage
Patio
!O,B.
Total
Foundation
Ext. Walls
Fire Place
/!/0
Bath
Floors
~nterlor Finish
Heot
Type Roof Rooms ]st Floor
Recreation Room Rooms 2nd Floor
Dormer Drivewey
71
TRANSCRIPT OF HEARING
SOUTHOLD TOWN BOARD OF APPEALS
REGULAR MEETING OF
THURSDAY, DECEMBER 10, 1987
Appl. No. 3696
Applicant(s); RICHARD NASS
Location of Property: 50 Willow Point Road,
County Tax Map ID No. 1000-56 - 5 -25
Southold
Board Members Present Were: Chairman Goehringer P. Goehringer,
Members:; Grigonis, Douglass, Doyen and Sawicki.
Absent was: (None) Also present were: Victor Lessard
Linda Kowalski, Z.B.A. Secretary and approximately
audience.
(Building Dept.)
persons in the
The Chairman opened the hearing at 8:20 o'clock p.m. and read
the notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a copy of a sketch of a survey indicating
the deck to be placed approximately 65 feet from the bulkhead, approxi-
mately 12½ feet by 15 feet. And I have a copy of the Suffolk County
Tax Map indicating this and surrounding properties in the area. The
figure of 65 feet is incorrect. That is from the house, not from the
new wood deck, the proposed wood deck. Is there somebody who would
like to be heard on behalf of this application? This is the Nass ap-
plication. Is Mr. Bertani here? We're going to have to send a let-
ter to Mr. Bertani asking him how far the deck is from the bulkhead
since this is not a natural plan drawn to sketch. Is there anybody
else who would like to speak in favor or against this application?
Hearing no further questions, I'll make a motion closing the hearing
reserving decision until later.
Ail in favor - AYE.
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
PATRICK (~. HAl. PIN
SUFFOI.K COUNTY EXECUTIVE
360-5206
February 1, 1988
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County
Administrative Code, the following application(s) which have been referred to
the Suffolk County Planning Commission are considered to be a matter for local
determination. A decision of local determination should not be construed as
either an approval or a disapproval.
Applicant(s)
Municipal File Number(s)
Richard Nass 3696
Very truly yours,
Lee E. Koppelman
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
VETERANS MEMORIAL HIGHWAY
HAUPPAUGE, L.L. NEW YORK 11788
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS. JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
INTER-DEPARTMENTAL MEMORANDUM
TO: Town Clerk's Office
FROM: Board of Appeals
SUBJECT: Filing of Original Decision
Appl. No.~,~ - )~
Transmitted herewith for filing with your office is the
original Determination of the Board of Appeals in the above
matter.
Please stamp and return this letter indicating receipt of
same.
Thank you.
JAN 2 6 1988
~" m.~ ~
(Stamp or Signature)
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Pursuant to Article XIII of the Suffolk County Charter, the
Board of Appeals of the Town of Southold, New York, hereby refers
the following to the Suffolk County Planning Commission:
×× Variance from the Zoning Code, Article ×I , Section 100-119.2
Variance from Determination of Southold Town Building Inspector
Special Exception, Article , Section
Special Permit
Appeal No.: 3696 Applicant:Richard Nass
Location of Affected Land:50 Willow Point Road, Southold,
County Tax Map Item No.: 1000-56-5-25
Within 500 feet of:
Town or Village Boundary Line
NY
XX
Body of Water (Bay, Sound oF Estuary)
State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, State or
Boundary of Existing or Proposed County, State or
Other Recreation Area
Federally Owned Land
Federal Park or
or
Existing or Proposed Right-of Way of Any Stream
Owned by the County or for Which The County Has
Lines,
Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport.
or Drainage
Established
Channel
Channel
COMMENTS: Applicant is requesting permission to locate open wooden
deck with a setback of less than 75
Copies of Town file and related documents enclosed for your review.
Dated: January 28, 1988
Southold Town Board of Appeals
MAIN ROAD- STATE RrlAD 25 SrlUTHEILD, L.I., N.Y. 11971
TELEPHONE (516) 765 1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
January 25, 1988
Mr. John A. Bertani,
1380 Oakwood Drive
Southold, NY 11971
Builder
Re: Appl. No. 3696 Richard Nass (Variance)
Dear Mr. Bertani:
Transmitted herewith for your file and perusal is a copy
of the official findings and determination recently rendered
by the Board of Appeals, the original of which has this date
been filed with the Office of the Town Clerk.
Please be sure to return to the Building Department for
issuance of any permits or other approvals in writing as may
be applicable.
Please do not hesitate to call either our office (765-1809)
or that of the Building Inspector (765-1802) if you have any
questions.
Yours very truly,
Enclosure
Copy of Decision to:
Building Department
Suffolk County Planning
Commission
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
HENRY P. SMITH, President
JOHN M. BREDEMEYER, Vice-Pres.
PHILL1P J. GOUBEAUD
ALBERT KRUPSKI, JR.
ELLEN M. LARSEN
TELEPHONE
(516) 765-1892
BOARD OF TO~:N TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
September 25, 1987
Mr. John Bertani
1380 Oakwood Drive
Southold, New York
11971
Re: Nass Residence- 185 Willow Point Road, Southold
Dear Mr. Bertani:
The following action was taken by the Board of Town Trustees during
their regular meeting held on September 24, 1987 regarding the above matter.
WHEREAS, John Bertani on behalf of Richard Nass requested a Waiver of
the Wetland Ordinance for the construction of a 30' x 10' deck landward of an
existing bulkhead on property located on Willow Point Road, Southold, and
WHEREAS, the Board members have personally viewed and are familiar with
the premises in question and the surrounding area, and
WHEREAS, the Board considered all the documentation submitted concerning this
request, and
WHEREAS, the Board made the following findings of fact:
1. By this request appellant requests permission to construct a 30' x 10'
deck landward of an existing bulkhead.
2. The subject property is located on Willow Point Road, Southold.
3. The project will not affect the health, safety and general welfare of
the people of the town.
NOW, THEREFORE, BE IT
RESOLVED that John Bertani on behalf of Richard Nass be and hereby is granted
a Waiver of the Wetland Ordinance as requested to construct a deck 30' x 10' on
property located on Willow Point Road, Southold.
Please be advised that there is a $25.00 fee due at this time for the waiver
granted.
Please return to the Building Dept. for a determination on the need of any other
Town Permits that may be required for this project.
John Bertani - Richa~Nass
Page 2.
Very truly yours,
Henry P. Smith, President
Board of Town Trustees
HPS :ip
cc: Commissioner Thomas C. Jorling, D.E.C., Albany
Robert A. Greene, D.E.C., Stony Brook
Stepl~en Mars, Army Corps of Engineers
Tl~omas Hart, Coastal Management
John Holzapfel, Chairman, Southold Town C.A.C.
Victor Lessard, Admin., Building Dept.
Planning Board
Board of Appeals
file
/'
N eeyu'b~ccS~t e~ De~H~n er~ie.f, E I~li~jr} rru~ t alsoft @ s e rv at ion
Room 219, Stony Brook, NY 11794 /(?/~/;/~)-]
/ ~/
MQSS
~[~.~ Henry O. Williams
A ,relyi ew has ~been, ,made O?
~sed on the information ~ou have submitted, the New YOFR State Department
of Environmental Conservation has determined that ~he parcel
~ project is: --
Greater than 300' from inventoried tidal wet lands.
Landward of a substantia] man-made st,ucture Oil' lq~O/lq~
greater than 100' in length which was constrnc~ed prior ~o 9/20/7V.
Landward of the 10' above mean se~ level elevation cont. ou~ on a
gradual, natural slope.
Landward of the
greater than 10'
topographic crest of a bluff, cliff or
ill elevation above lllefln sea leve2.
dune which is
Listed in Part 661.5 of 6NYCRR {Tidal Wetland,4 Land Use It,.gul~ ions)
as a use not requiring a permit or notification letter of apprmval.
Therefore, rio permit is required under t.t~e Tidal Wetland'3 Act: (Art. it[t, 25
of the Environmental Conservation [,aw). Please be advised, however, that
no construction, sedimentation or disturbance of any kind may take place
seaward of the 10' contour or topographic: crest without a permit. I~ is
your responsibility to ensure that all necessary precautions are taken to
prevent any sedimentation or other alteration or disturbance to the
ground surface or vegetation in this area as a resu2~ of your project.
Such precautions may include providing adequate work drea between the
10' contour or topographic crest and the project (i.e. a 1'.)' to, 2t)' wide
construction area) or erection of a temporary fence, ha,, ~i12~ , or hay
ba]e berm.
Please note that any additional work,
described, may require authorization
this office if such are contemplated.
or modification Lo
by this Department
the [)ro jt!£t as
Please cent. scl
Please be further advised that this let. ret does not relJew~ you o£ the
responsibility of obtaining any necessa[y permits or approvals from other
agencies.
Very truly yours,
Depdty Regional Pea'mit Admini.~lrator
51T ~-- PLAN
tlENRY P. SMITtt, President
JOHN M. BREDEMEYER, Vice-Pres.
PHILLIP J. GOUBEAUD
ALBERT KRUPSKI, JR.
ELLEN ~I. LARSEN
BOARD OF TOWN TRIS'FEES
TOWN OF SOUTHOLD
Town Hall, 530~}5 Main Road
P.O. Box 728
Southold, New York 11971
{516} 765-I892
September 25, 1987
Mr. John Bertani
1380 Oakwood Drive
Southold, New York
11971
Re: Nass Residence- 185 Willow Point Road, Southold
Dear Mr. Bertani:
The following action was taken by the Board of Town Trustees du'i;~g
their regular meeting held on September 24, 1987 regarding the above matter.
WHEREAS, John Bertani on behalf of Richard Nass requested a Waiver of
the Wetland Ordinance for the construction of a 30' x 10' deck landward of an
existing bulkhead on property located on Willow Point Road, Southohl, and
WlIEREAS, the Board mmnbers have personally viewed and are familiar with
the prmnises in question and the surrounding area, and
WIiEREAS, the Board considered all the documentation submitted concerning thi:~
request, and
WHEREAS, the Board made the following findings ol fact:
1. By this request appellant requests permission to construct a 30' x 10'
deck landward of an existing bulkhead.
2. The subject property is located on Willow Point Road, Southohl.
3. The project will not affect the health, safety and genera] wellare ol
the people of the town.
NOW, THEREFORE, BE IT
RI';SOLVED that John Bertani on behalf of Richard Nass I>c and hereby i:; granttd
a Waiver of the Wetland Ordinance as requested to construct a deck 30~ x t0~ on
property located on Willow Point Road, Southold.
Please be advised that there is a $25.00 fee due at this time for the waiver
granted.
Please return to the Building Dept. for a determination on the need of any nther
Town Permits that may be required for this project,
John Bertani - Richard
Page 2.
Very truly yours,
Henry P. Smith, President
Board of Town Trustees
HPS:ip
cc: Commissioner Thomas C. Jorling, D.E.C., Albaoy
Robert A. Greene, D.E.C., Stony Brook
Stephen Mars, Army Corps of Engineers
Thomas Hart, Coastal Management
John Holzapfel, Chairman, Southold Town C.A.C.
Victor Lessard, Admin., Building Dept.
Planning Board
Board of Appeals
file
NOTICE OF HEARINGS
NOTICE IS HEREBy
GIVEN, pursuant to Section 267
of the Town Law a~d the Code of
the Town of Seuthold, the follow-
ing hearings will be held by the
SOUTHOLD TOWN BOARD
OF APPEALS, at a Regular
Meeting at the Southold Town
Hall, Main Read, Seuthold, New
IH, Section 100-32 and Article
~I, Section 100-119.2 for permis-
mon to locate inground swim-
mingpeol with decks and fence
enclosure landward of existing
dwelling in the front yard and
within 100 feet of the Long Is-
land Sound, at premises known
as 855 Soundview Avenue, Mat-
tituck, NY; County Tax Map
York, on THURSDAY, DE- District 1000, Section 94, Block
CEMBER 10, 1987 at the fol- -- 01, Lot 07.
lowingtimes: ~ R~APi~).,.A,p~p]A .No. 3696 -
7:30 p.m. Appl No 3566 - [ ~o~. variance to
THEODOSETR~T~OSand [ the Zoning Ordinance, Article
ERAKLIS APODIACOS ~x XI, Section 100-119.2 for permis-
" ' · ~ .' ~ sion to locate open wooden deck
nance, Article III, Section 100- ] w~th a setbac~
osed Parcel #1 in this pending ~ ' low Point Read, South-
set-off division of land located /.°ld'~N.~Y~;~C°~unt~' Ts.x_ M~a.p Dm-
along the south side of the Main [~r~c~ ~voo, ~echon 5o, 15lock 5,
Road, and extending along the ~__Lo~.
east side of Wiggins L~-- : p.m. Appl. No. 3676~'
--'-' ANTHONY ROBUSTELLI.
Greenpert, NY; County Tax Map
District 1000, Section 35, Block
5, Lot 3, containing a total area
of 3.262 acres.
7:35 p.m. Appl. No. 3694 -
THERESA CZECH. Variance
to the Zoning Ordinance, Article
III, Section 100-31, Bulk
Schedule, for approval of the
construction of open deck with
an insufficient rearyard setback
from the east property line at
premises known as 150 Goldin
Lane, Seuthold, NY; County Tax
Map District 1000, Section 135,
Block 2, Lot 19.
7:40 p.m. Appl. No. 3695 -
HENRY J. SMITH & SON.
Special Exception to the Zoning
Ordinance, Article VIII, Section
100-80(BI for permission to con-
struct truck-storage building in
this "C-Light Industrial" Zoning
District at premises known as
2470 Peconic Lane, Peconic, NY;
County Tax Map District 1000,
Section 74, Block 2, Lot 19.1.
7:45 p.m. Appl. No., 3689 -
PETER AND DIANE LUHRS.
Special Exception to the Zoning
Ordinance, Article VII, Section
100-70(B) for permission to con-
struct addition for a repair sta~
tion in conjunction with Special
Exception Permit #3161 re-
ndered October 11, 1983, at
)remises known as 45845 North
Road, Southold, NY; County Tax
Map District 1000, Section 55,
Variances to the Zoning Or-
diannce, Articles: (al III, Section
100-31 as to insufficient rear
yard and side yard, and (b) XI,
Section 100-119.2 as to insuffi-
cient setback from bulkhead and
ordinary highwater mark, and
(c) HI, Section 100-31 as to ex-
cessive lot coverage, for the
proposed construction of a deck
addition, at premises known as
5 Haywaters Read, Cutchogue,
NY; Lot 23 and part of 22,
Peconic Bay Properties; County
Tax Map District 1000, Section
111, Block 1, Lots 19and 18.
8:15 p.m. Appl. No. 3671 -
ANDRE AND THOMAS
CYBULSKI. Variance to the
Zoning Ordinance, Article III,
Section 100-30A for permission
to utilize premises for b~ok-pub-
lishing operations, wholesale
book storage, and updated 280-A
approval over the existing pri-
vate right-of-way fbr such use.
Zone District: "A" Residential
and Agricultural. Location of
Property: West Side Depot Lane,
Cutchogue, NY; District 1000,
Section 96, Block 5, Lot 1.2 and
partofL1.
8:25 p.m. Appl. No. 3543 -
PETER AND BARBARA
HERZ. Variances to the Zoning
Ordinance, Article XI, Section
100-119.2 for permission to 1o-
cate new single-family dwelling
exist~g bulkhead ~d ~m
~ghwa~ ~ ~o~ Midway
Inlet ~d H~ N~k-Bay, p~m-
DNve, ~u~ld, NY; Ce~r
Beach P~k Map, P~ of ~
152 ~d 110, Co~ty T~ Map
8:40 p.m. Appl. No. 3561 -
31, Bulk ~h~ule, for app~vai
of the insufficient lot a~a of two
pm~d p~cels in ~is ~nding
~t~ff di~sion of land with f~n-
tage along the ~u~ side of
No~h View Drive, the east side
of ~iva~ ~ad and the no~h
ride of ~uth View D~ve, O~ent,
NY; County Tax Map District
8:55 p.m. Appl. No. 3686 -
FREDERICK AND DI~E
RAYMES. Vari~ces W the
Zoning O~inance, A~icles: (a)
XI, ~ction 100-119.2 for ~is-
sion ~ loca~ dwelling with a
~thack of less than 75 feet from
existing bulkhead along Gull
Pond Inlet, (b) III, ~ction 100-
dwelling with an i~cient
fmnty~ ~tback, at premiss
kno~ as 7~ Wig~ns Lane,
Gr~n~, NY; County Tax Map
Dist~ct 10~, ~ction 35, Block
The Board of Ap~als will
hear at said time and place ail
ing ~ ~ heard in each of the
a~ve maters. Each hearing
be submit~d prior ~ the conclu-
sion of the subj~t hea~ng. For
more info~ation, pl~ call
765-1809.
DaSd: Novem~r 18, 1987.
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEA~
GE~RD P. ~EH~NGER,
CHAI~AN
Linda Kowaiski,
Board ~ta~
5789-1TD3
SS:
:ento of Greenport, in
uly sworn, says that ha/she is
IE SUFFOLK TIMES, a Weekly
sd at Greenport, in the Town
, of Suffolk and State of New
otice of which the annexed is
been regularly published in
~ce each week for l
commencing on the
ir 19 87_
Principal Clerk
this
N~OTICE OF HEARINq}~
NOTIcE IS HEREBY GIV-
EN, pursuant to Section 267 of
the Town Law and the Code of
the Town of Southold, the
tOllowing hearings will be held
by the SOUTHOLD TOWI~
BOARD OF APPEALS at a
Regular Meeting at the Southold
Town Hall, Main Road,
Southold, NY on THURSDAY~
DECEMBER 10~ 1987 at the
following times:
7:30 p.m. Appl. No. 3566-
TH~QDOSE TRATAROS
AND ERAKLIS APODIACOS.
Variance to .the Zoning Or-
dinance, Article III, Section
100-31, Bulk Schedule, for ap-
proval of insufficient lot area of.
proposed Parcel No. I in this
pendini~ set-off division of land
located along the south side of
the Main Road, and extending
along the east side of Wiggir~s
Lane, Greenport, NY; County
Tax Map Dlsirict 1000, Section
35, Block 5, Lot 3, containing a
total area of 3.262 acres.
7:35 p.m. Appl. No. 3694-
THERESA CZECH. Variance
to the Zoning Ordinance, Arti-
cle Ill, Section 100-31, Bulk
Schedule, for approval o!' the
construction of open deck with
an insufficient rem'yard setback
from the east property line at
premises known as 150 C~oldin
Lane, Southold, NY; County
Ta:, M,~p District I~0, Scctlc, n
135, Block 2, Lot 19.
7:40 p.m. Appl. No. 3695-
HENRY J. SMITH & 'SON.
Special Exception to the Zoning
Ordinance, Article VIII, Section
100-80(B) for permission to con-
struct truck-storage building in
this "C-Light Industrial" Zon-
ing District at premises known
as 2740 Peconic Lane, Peconic,
NY; County Tax Map District
1000, Section 74, Block 2, Lot
· 19.1.
7:45 p.m. Appl. No. 3689-
PETER AND DIANE LUHRS.
Special Exception to the Zoning
Ordinance, Article VII, Section
I00-70(B) for permission to con-
struct addition for a repair sta-
tion in conjunction with Special
Exception Permit No. 3161
rendered October 11, 1983, at
premises known as 45845 North
Road, Southold, NY; County
Tax Map District 1000, Section
55, Block 02, Lot 17. Zone
District: "B-I!'
7:50 p.m. Appl No. 3691-
}~OSNY SELIM. Variance to
the. Zoning Ordinance, Article
111, Section 100-32 and Article
XI, Section 100-119.2 for per-
mission to locate inground
swirrl~g po01 w~rh decks and
tenc~lqosure landward of ex.
isting u"welling in the front yard
and within 100 feet of the Long
Island Sound, at premises
known as 855 Soundview
Avenue, Mattituck, NY; Coun-
ty Tax Map District 1000, Sec-
lion 94, Block 01, Lot 07.
~..'"'R 8:05 p.m. Appl. No. 3696-~N
ICHARD NASS. Variance to
the Zoning Ordinance, Article
XI, Section 100-119.2 for per-
mission to locate open wooden/
deck with a setback of less thanf
75 feet from existing bulkhead~
along canal, at premises known
as 50 Willow Point Road,
Southold, NY: County Tax Map
District 1000, Section 56, Block
5, Lot 25.
8:10 p.m. Appl. No. 3676- AN..~.~/-
THONY ROBUSTELLI.
Variances to the Zoning Or-
dinance, Articles: (a) 111, Section
100-31 as to insufficient rear
yard and side yard, and (b) XI,
Section 100-119.2 as to insuffi-
cient setback from bulkhead
and ordinary highwater mark,
and (c) Ill, Section-100-31 as to
excessive lot coverage, for the
proposed construction of a deck
addition, at premises known as
5 Haywaters Road, Cutchogue,
NY; Lot 23 and part of 22,
Peconic Bay Properties; Coun-
ty Tax Map District 1000, Sec-
tion 111, Block 1, Lots 19and 18.
8:15 p.m. AppL No. 3671-
ANDRE AND THOMAS
CYBULSKI. Variance to the
Zoning Ordinance, Article 411,
Section 100-30A for permission
to utilize premises for book-
publishing operations, wholesale
book storage, and updated
280-A approval over the existing
private right-of-way for such
use. Zone District: "A" Residen-
tial and Agricultural. Location
of Property: West Side Depot
Lane, Cutchogue, NY; District
1000, Section 96, Block 5, Lot
1.2 and part of l.l.
8:25 p.m. AppL No. 3543-
PETER AND BARBARA
HERZ. Variances to the Zoning
Ordinance, Article XI, Section
100-119.2 for permission to
locate new single-family dwell-
ing with insufficient setbacks
from existing bulkhead and
from highwater areas along
Midway Inlet and Hog Neck
Bay, premises known as ~'0
Cedar Point Drive, Southold,
NY; Cedar Beach Park Map,
Part of Lots 152 and 110, Coun-
ty Tax Map Parcel No.
1000-90-02q 3.1.
8:40 p.m. Appl. No. 3561-
DOROTHY l.. ROBERTSON.
Variancc~ to the Zoning Or-
dinance, Article 111, S/~ction
· 100-31, Bulk S~lli[?le, for ap-
proval of the ins~l[ient lot area
of two proposed parcels in this
pending set-off division of land
with frontage along the south
side of North View Drive, the
east side of Privatelioad and the
north side of South View Drive,
Orient, NY; County Tax Map,
District 1000, Section 13, Block
1, Lot 10.
8:55 .p,m. Appl No. 3686-
FREDERICK AND DIANE
RAYMES. Variances to the Zon-
ing Ordinance, Articles: (a) XI,
Section 100-119.2 for permir~ion
to locate dwelling with a setback
of less than 75 feet from existing
bulkhead along Gull Pond Inlet,
(b) Ill, Section 100-31, for per-
mission to locate dwelling with
an insufficient frontyard set-
back, at premises known as 704
Wiggins Lane, Greenport, NY;
County Tax Map District 1000,
Section 35, Block 4, Lot 19.
The Board of Appeals will
hear at said time and place all
persons or representatives desir-
ing to be heard in each of the
above matters. Each hearing will
not start Before the time allot-
ted. Written comments may be
submitted prior to the conclu-
sion of the subject hearing. For
more information, please call
765-1809..
Dated: N~vember 18, 1987
BY ORDER OF THE
SIg'UTHOLD TOWN
BOARD OF APPIz;ALS
GERARD P. GOEHRINGER,
CHAIRMAN
Linda K6walski,
Board Secretary
1T-12/3/87(15)
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County~
and that the notice of which the annexed is a printed copy,
has been published in said Long ]sland Traveler-Watchman
once each week for. ..................... ~... weeks
successivd¥, commencing on the .......... ~ ...........
Sworn to before me this .......... :'. ......... day of
19 . . ...
Notary Public, State of New York
No. 4806846
Qualified in Suffolk County
Commission Expires ~/Tz~/
Southold Town Board of Appeals
MAIN ROAO- ~TATE ROAD 2.% SOUTHE)LD. L.L, N.Y, 119'71
TELFPll ~rJE (! l(J~ /(~%
APPEALS BOARD
MEMBERS
RARD F (iOEHRiNGER, CHAIRMAN
/RLES GRi(;ONIS, JR
RGE DOYEN, JR.
i/[:R7 J DOUGLASS
EPfi H SAWICKI
TO WHOM tT MAY COHCERN:
Enclosed herewith as confirmatioD of the time add date
the public hearing concerning your recent dpplication
copy of the Legal Notice as published in tile L.!. Tr,vel ~r-
',latcnman, Inc. and Suffolk Weekly Times, ibC.
Someone should appear in your behdlf during the public
hearing in the event there are questions from board men~bers
ur persons in the audience. Please be assured that your
public hearing will not start before the time allotted
the Legal Notice-~
If you have any questions, please feel fr~e Lo call
our office, 765-1809.
Eqc] osure
Linda Kowal ski
Secretary and BoaFd Ciurk
Page 4 - Legal Notice Mailing List
Southold Town Board of Appeals
Regular Meeting December 10, 1987
Copies Mailed On or About 12/1/87 to:
Mrs. Elizabeth Pantelis, 5804 Seventh Avenue, Brooklyn,
Mr. H. Stabile, P.O. Box 245, East Marion, NY 11939
Mrs. Dinos Zervos, Orient, NY 11957
NY 11220
Mrs. Theresa Czech, 4 Goldin Lane, Southold, NY 11971
Mr. Henry J. Smith, Henry J. Smith & Son, Main Road, Southold, NY 11971
Mr. and Mrs. Peter Luhrs, ll30 Soundview Avenue, Southold, NY 11971
Mr. Hosny Selim, 671 Vandam Street, North Woodmere, NY 11581
Dino Rossini, Esq., 151 Hempstead Turnpike, West Hempstead, NY 11552
Mr. Ronald Stritzler, 51 Stirrup Lane, Roslyn Heights, NY
(Re: Selim)
Mr. John Bertani, 1380 Oakwood Drive, Southold, NY 11971
(Re: Nass)
11577
Mr. Anthony Robustelli, 48 Revere Road, Manhasset, NY ll030
Abigail A. Wickham, Esq., Box 1424, Mattituck, NY 11952 (Re:
Mr. Steven C. Fuchs, 4 Knoll Top Road, Stony Brook, NY 11790
Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971
Cybulski)
Patricia C. Moore, Esq., Edson & Bruer, Main Road, Southold, NY 11971
(as Attorney for Peter and Barbara Herz)
Richard J. Cron, Esq., Cron & Cron, Main Road, Cutchogue, NY 11971
J. Kevin McLau~hlin, Esq., Box 803, Greenport, NY 11944
Rudolph H. Bruer, Esq., Main Road, Southold 11971 (Attorney for D.Robertsonl
Mr. and Mrs. Frederick Raymes, 24 Woodlot Lane, Huntington, NY 11743
APPEALS BOARD
MEMBERS
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
December 10, 1987
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS. JR. S .E .Q .R.A.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLAt{ATION
JOSEPH H. SAWICKI Notice of Determination of Non-Significance
APPEAL NO.: 3696
PROJECT NAME: RICHARD NASS
This notice is issued pursuant to Part 617 of the implementzng
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: IX] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Proposed open deck with setback at less
75 feet from existing bulkhead
than
LOCATION OF PROJECT: Town of Southold, County of Suffolk,
particularly known as: 50 Willow Point Road, Sout~old, NY
1000-56-5-25
more
REASON(S) SUPPORTING THIS DETE~qINATION:
(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 FURTttER INFORmaTION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802.
Copies of this notice sent to the applicant or his
on the Town Clerk Bulletin Board.
agent and posted
mc
1UDITtt T. TERRY
TOV/N CLERK
OFFICE OF THE TOWN CLERK
TO;VN OF SOU/ttOLD
November 10, 1987
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 1197l
TELEPHONE
(516) 765-1801
TO:
FROM:
Southold Town Zoning Board of Appeals
Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3696 , application of John Bertani/
Richard Nass for a variance. Also included in notification to adjacent property
owners; Short Environmental Assessment Form; Letter relative to N.Y.S.
Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department;
survey of property; and any other attachments relative to this application.
Judith T. Terry
Southold Town Clerk
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petitio~ of :
to the Board of Appeals of the Town of Southold :
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. Tha~ 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]
1.
2. That the property which is the~ub ect of the Petition is located adjacent to your property and is des-
cribed as follows: ~.~C) ~l-J,IJO~ /'30,~Y ~?d-.; ~-"b%O d..--/
3. That the property which is the subject of su~,~ Petition is located in the following zoning district:
4. That by such Petition, the undersigned will request the following relief: ~)~/-/Tl~,Jd'/~ ~ ~
5, That the provisic~ the Southold Town Zoninigi.Cckde applicable to the relief sought by the under-
signed are Art±¢le ~ Sectic:r~ ~°-.O ~.~ c/.~, ~..
[ ] Section ~80-A, New York Town Law for approva~o~3access ove~ r~ght(s)-of-w~.
6. That within fi~e days from the date hereof, a written Petition requesting the relief specified above will
be filed in the $outhold Town Clerk's Office at Main Road, $outhold, New York and you ma), then and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: /~JO, Lo., /~/~
Petitlon~
Owners 'Names:
Post Office Address
NAME
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
PS Form 3800, June 1985
I
PS Form 3800, June 1985
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
d61 ~ ~o I~ , being duly sworn, deposes and says that on the ~ day
of ~C~ *~ ,19 ~ , deponent mailed a true copy of the Notice set forth on the re-
ve~ side hereof, directed to each of the above-named persons at the addresses set opposite thor respective
name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current Rssess,rne~nt roll of the Town of Southold;
fict..at-~ ~Jo ~L ~7%0 Id~
~ (registered) mail.
Sworn to before me this ~ ~
Notary Public
that said Notices were mailed at the United States Post Of-
; that said Notices were mailed to each of said persons by
(This side does not
property owners.)
have to be
completed on form
transmitted
to adjoining
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Clerk's Office
Southold, N. Y.
Certificate Of Occupancy
No.Z~.~f~,)~ ....... Date ............ .0.~t .....~ ...... , 19 ?.1..
THIS CERTIFIES that the building located at ...~t~[~_<)~,~. ?o~.nt. ,~.oa~l ..... Street
Map No. ~'~ ~-~-.~q~'.'. ?lq. Block No ........... Lot No.. ~ ....... ~o.~ho~k4... N ~f, ....
conforms substantially to the Application for Building Permit heretofore filed in this office
dated ....... ~pr.ll ..... 16. , 19.~1. pursuant to which Building Permit No..~2~1+/~..
dated ......... ~p~:11 .... 1~..., 19.?~., was issued, and conforms to all of the require-
ments of the applicable provisions of the law. The occupancy for which this certificate is
issued is .. :. ~';[.~..~ne. ~.aml~.. dwe.~lng ......................................
The certificate is issued to ...0enrge. [5.o~n~uer ...... 0wne~ .......................
(owner, lessee or tenant)
of the aforesaid building.
Suffolk County Department of Health Approval . .&.~lgua~..
,~NST~UCTIOt~S~
(a) [~ order [o a~swo= tho quoJr, lon'.] tn thl~ short EAF ts 13 asnumed tho[ th
~O~y ~paC[3 Of tho action, I~ is ~ot oxpocted tl~,'~t addltic, na[ :t~udlo~ rocearc:
or o[hor ~nvostigations w~l bo ~dortai[on.
(b) If any question ha~ boon answor~md Y.:n ~ho proJec~ rny Lo :)t~;n!flcant and
cc~plo~gd Enviro~ental Assessment Fo[~ In nucu3sa~7,
pot
(d) ~'lvt ronmentnl
1. Will project ro~ul~ ~n a la~go phy.uical CIWAngo
to ~hc project site or physically alter moro
%hah lO acres of land?, , , ..... , ,
2. Will thoro bo a ~Jor chango to uny ,,niquo
unuuuul land fo~ found on tho mite? .
W~i ~ro~cZ al~or or havo a lnrilu off.ct on
an axtu%in6 body of ~a~or? , ....
&. W~! project have a potentially largo lmpncb on
W~i proJec~ sl~iflcnntly.~ff,~ct drainage
Will project affoc~ any t[~on~,:n.d or wnd~ngerod
7. W~i proJ~e~ res~% in a ~aJor .dwuu,. off{:ct
W~i proJec~ haw 'a :m Jot effect cn vl:):~al
Will pro~ec~ advoruoly Impac~ uny sit, or :~truct~
ufo of h$o~orl~ pro-hl~goric, or
~mportnnco o~ any site dosignat~d a:; n cr~%lcal
o~vironmon~l urea by a local al[uncy? , . ,
10, W~i pro3oc~ haw a ~3or effect On oxlu~g
future recreational opport~nitt~;uV , .
~11. Will project.result' in m%3nr trill'lc problenw{ or
12. Will ~roJoc~ rag%~arly cauuo objectionable
Will pro3oc~ have any impact on public he~l%h
safut7?
iL. Will proJoct ~,ffoct tho oxlutln{: co~u,,,,nz%7 bY
15. lo there '
_ Ycu ~
QUEST[O;INA[RE TO BE COMPLETED AND SUBMITTED
WITH YOUR APPLICAT[O~I FORMS 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 ~hese 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
Z.a}
*b)
4.
®
Are there any areas which contain wetland grasses?
(Attached is a list of the wetland grasses defined by
~n Code, Ch. 97 for your reference.) Yes
there any areas open to a waterway without bulkhead? Yes
Are there existing structures at or below ground level,
such as patios, foundations, etc? Yes
Are there any existing or proposed fences, concrete
barriers, decks, etc?
If project is proposed for an accessory building or
structure, is total height at more than 18 feet above
average ground level? State total: ft.
If project is proposed for principal building or
structure, is total height at more than 35 feet above
average ground level? State ~otal: ft.
Are there other premises under your ownership abutting
~hi$ parcel? If ~es, please submit copy of deed.
Are there any building permits pending on this parcel
(or abutting land under your ownership,-if any)?
State Permit # and Nature:
Yes
Yes
Yes
Yes
Yes
9. Do state whether or not applications are pending
concerning these premises before any other department
or agency (State, Town, County, Village, etc.):
Planning. Board
Town Board
Town Trustees
County Health Department
Village' Of Greenport
Other o
10. Is premises pending a sale or conveyance?
If yes, please submit copy of names or purchasers
and conditions of sale.(from contract).
ll. Is new construction proposed in the area of contours
at 5 feet or less as exists?
12~ If new construction is proposed in an area within
75 feet of wetland grasses, or land area at 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 Town Code?
13. Please list present use or operations ~onducted upon the
subject prpperty at this time I ~r'~h~
*Please submit photographs for the record.
I certify that the above statements are true and
re]Jance by the Bogrd o~Appeals in considering
Signature (~-- (~t~orized~jen~.)
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
are being submitted
my application.
for
Nc
§ 97-13
WETLANDS § 97-13
TOWN ~ The Town of Southold.
TRUSTEES __ The Board of Trustees of the Town of
$outhold. [Added 6.5-84 by L.L. No.
WETLANDS [Amended 8-26-70 by L.L. No. 2-1976;
85 by L.L. No. 6-1985]:
A. TIDAL WETLANDS:
(1) All lands generally covered or intermittently cov-
ered with, or which border on, tidal waters, or'lands
lying beneath tidal waters, which at mean low title
are covered by tidal waters to a maximum depth of
five (5) feet, including but not limited to banks,
bogs. salt marsh, swamps, meadows, flats or other
low lying lands subject to tidal action;
(2) All banks, bogs, meadows, flats and tidal 'marsh
subject to such tides and upon width grows or may
grow some or any. of the following: salt hay, black
grass, saltworta, sea lavender, tall cordgrass, hi~,,h
bush. cattails, groundsel, marshmallow and law
march eerdgrass; and/or
(3) All land immediately adjacent to a tidal wetland :is
defined iu Subsection A(2) and lying within seven-
fy-five (75) feet hmdward of the m.:~t hmdwai'd
edge of sud~ a tidal wetbmd.
FRESIIWATER WETLANDS:
(1) 'Freshwater wet ands"as defined iu Ar£icle o .,.
tie 1, § 2-t-0107, Subdivisions 1(a) to l(d} inclusive,
of the Environmental Conservation Law of the State
of Now York: and
(2) Ail lamt imtnedh~teb, adjacent to a "freshwater wet-
land," as defh~ed ill Sul soetlou Il(l) and b'ing with.
in seventy-flee (75) feet landward of the most land-
· wnrd edge of a fl eshx~ ~tq' wetland."
9705
P.O, BOX
HQRTHPORT. N.Y. 1178!
SURVEY OF LOT(s)
MAP OF
LOCATION
DATE
CERTIFIED ONLY TO
LIC. NO. 46021
PHONE
(616) 754o0733
23 BLOCK.
WILLOW POINT /'~
^RSHAMOMOOUE, TOWN OF SOUT,OLD, SUFC~U
6/16/87
SCAL~,i
GEORGE & RUTH DORNAUER, SOUTHOLD SAVIN6~,
COMMONWEALTH LAND TITLE INS. CO.
· TITLE ACA 1G357 S
DUE EAST
~o/
CANAL
132.0
po~N'I'