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Home My WebLink About3764 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, ..IR. ~C~ERT J. DCU~LASS JOSEPH "~A~IC .KI James nlzlo, Jr. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 5OUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 ACTION OF THE BOARD OF APPEALS Upon application of DENIS O'BRIEN for Variances to the Zoning Ordinance, Article III, Section 100-31 and Article XI, Section 100-119.1 for permission to erect tennis court with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suffolk County Tax Maps as District 1000, Section 3, Block 3, Lot 3.5 along Private Road, Fishers Island, NY. WHEREAS, a public hearing was held and concluded on Octo- ber 6, 1988 in the Matter of the Application of DENIS O'BRIEN under Appeal No. 3764; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: -Page 2 - Appeal.No. 3764 Matter of DENIS O'BRIEN Decision Rendered October 6, 1988 1. By this application, appellants request Variances under Article III, Section 100-32, and Article XI, Section 100-119.1 for permission to erect tennis court with 10-ft. high fencing and gazebo or 15' x 20' covered wood structure, both accessory and incidental to the existing residential use of the premises, in the frontyard area, as more particularly shown by Map prepared by Shope Reno Wharton, Architecture, Drawing No. Sl, dated December 1, 1987 (Job No. 8626). 2. The premises in question is known and referred to as combined Lots #1 and #2 as shown on the Minor Subdivision Map as Revised May 29, 1987, for Francis Fiske Adams, and approved by the Planning Board as per Resolution adopted August 24, 1987. 3. The entire parcel contains a total area of 6.69 acres with frontage along the Sound of approximately 700 feet and is improved with a dwelling structure, under construction as per Building Permit issued July 10, 1987 under Building Permit #16195, also shown on the above-referenced Architect's Rendition dated December 1, 1987. 4. The proposed covered wood deck (gazebo-type) structure is shown to be 45+ feet at its closest point to the property line at the southwest corner, and the tennis court with fencing is shown to be not closer than 28 feet at its closest point to the property line at the southwest and the southeast corners. 5. Article III, Section 100-32 of the Zoning Code provides accessory buildings to be located only in the required rear yard. Most of the area normally feasible to construct is technically front yard, and there is no other alternative for appellant to pursue other than a variance. 6. Article XI, Section 100-119.1 of the Zoning Code provides a limitation of four feet for fences in the frontyard area. It is not practical to construct a tennis court with fencing at four feet high or less, and the request of the appellant is not unreasonable under the circumstances. It is the position of this Board in considering this application: (a) The relief requested is not unreasonable and is the minimal necessary; (b) the circumstances are unique to the property and are not personal in nature; (c) the relief requested will not alter the essential character of the neighborhood; -Page 3 - Appeal.No. 3764 Matter of DENIS O'BRIEN Decision Rendered October 6, 1988 (d) the variance, if granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (e) the relief in relation to the requirements is substantial; (f) the interests of justice will be served by granting the variance. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3764 in the Matter of DENIS O'BRIEN for permission to place accessory tennis court with 10-ft. high fencing and covered wood deck structures in the frontyard area, as more particularly shown on the Architect's Rendition dated December 1, 1987, prepared by Shope, Reno, Wharton Architecture. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was absent due to serious family illness.) (Member Dinizio abstained.) This resolution was duly adopted. lk GERARD P. GOEHRINGER -- CHAIRI~aN 2ECEIVED AND FILED BY THE SOUTHOLD TOWN CKE~. Ei Town Clerk, Town of Southo~l_d _ GERARD P. GOEHRINGER CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. RCD£RT J. DCU~LASS JOSEPH H, SAWICKI Southolcl Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. 119'7'1 TELEPHONE ~516) 765-1809 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the 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 THURSDAYr OCTOBER 6, 1988 at the following times: 7:35 p.m. Appl. No. 3765 JOSEPH SPITALIERE for a Variance to the Zoning Ordinance, Article III, Section 100-31 for the placement of a new dwelling structure with a reduced setback from the front property line. Location of Property: Right-of-way located along the eas~ side of Cedar Beach Drive, Southold, (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as 1000-90-4-14. 7:40 p.m. Appl. No. 3768 FRANK AND SANDRA CURRAN for a Variance to the Zoning Ordinance, Article III, Section 100-31 for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage (over Page 2 - Notice of Hearings ~ Regular Meeting of October 6, 1988 Southold Town Board of Appeals 20 percent), at premises known as 780 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01-016. 7:45 p.m. Appl. No. 3763 JOHN J. JESSUP for a Variance to the Zoning Ordinance, Article III, Section 100-31 for construction of an addition at the westerly side of the existing dwelling with a reduction in the total sideyards, at premises known as 90 East Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-7-15. 7:50 p.m. Appl. No. 3759 - TONY SCARMATO, INC. for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for approval of gazebo structure with an insufficient setback from an existing bulkhead along Peconic Bay, 235 Huckelberry Mill Road, East Marion, NY; Parcel No. 1000-31-16-9. at premises known as County Tax Map 7:55 p.m. Appl. No. 3755SE - TIMOTHY COFFEY AND THE COVE AT SOUTHOLD, INC. Special Exception to the Zoning Ordinance, Article III, Section t00-30C, for permission to erect Page 3 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals off-premises sign. Location of Property: South side o~ Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3. (Recessed from Prior Meeting). 8:00 p.m. Appl. No. 3758 - THEODORE KUDLINSKI~ JR. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct open deck addition with an insufficient rearyard setback from existing dwelling, at premises known as 605 Highwood Road, "Highwood at Ba!rview" Subdivision Lot No.~8, Southold, NY; County Tax Map Parcel No. 1000-78-9-50. 8:05 p.m. ELSIE D. YOUNG. Appl. No. 3760SE - Special Exception to the Zoning Ordinance for permission to establish Accessory Apartment in an existing dwelling structure in accordance with the requirements of Article III, Section 100-30B, subsection 15. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-1-10.3. Appl. No. 3761-V - Variance to the Zoning Page 4 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals Ordinance, Article III, Section 100-30B(15){M] to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of Building Inspector indicates dwelling met the requirements for a Certificate of Occupancy had application been made in a timely fashion. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-01-10.3. 8:15 p.m. JOH~ T. BEEBE - Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of two proDDsed parcels in this proposed set-off division of land, located along Beebe Drive, Cutchogue, NY; County Tax Map Parcel No. 1000-103-3-part of Lot 5. 8:20 p.m. ROBERT AND DIANNA BAKER. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-55-6-9. Page 5 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:30 p.m. Appl. No. 3779 - PETER AND DESPINA MAR~OPOULOS for a Variance to the Zoning Ordinance, Article III, Section 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of structure(s) with reduced sideyards, at premises known as Lot ~16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24. 8:40 p.m. Appl. GRISTINA VINEYARDS). Article III, Section No. 3769SE ~ CUTCHOGUE FARMS LTD. (a/k/a Special Exception to the Zoning Ordinance, 100-30B for permission to establish Winery, at premises located along the north sid~ of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-01-13. 8:50 p.m. Appl. No. 3764 - DENIS O'BRIEN for Variances to the Zoning ordinance, Article III, Section 100-31 and Article XI, Section 100-119.1 for permission to erect tennis court with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suffolk County Tax Maps as District 1000, Section 3, along Private Road, Fishers Island, NY. Block 3, Lot 3.5, Page 6 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:55 p.m. Appl. No. 3778 - BRETT AND JANET KEHL- Variance to the Zoning Ordinance, Article III, Section 100-32 and removal of Conditions rendered under Appeal No. 3641 on June 18, 1987 in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview Road, Southotd, NY; County Tax Map Parcel ID No. 1000-78-4-32. 9:~5 p.m. Appl. No. 3774SE - H & S ASSOCIATES Special Exception to the Zoning Code, Article VII, Section 100-70B for permission to construct addition to existing building, (maintaining the westerly yard setback)~for use partly for sales of auto par~s, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-2-24. 9:15 p.m. Appl. No. 3776 - HOWARD AND MARGARET BRODIS. Special Exception to the Zoning Ordinance, Article III, Section i00-30B(15) for permission to establish Accessory Apartment in a proposed addition to existing dwelling, at premises known as 435 Eastward Ct., Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. Page 7 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 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: Septenf0er 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski Notice to Newspapers: Please publish the above Legal Notice once, to wit, Thursday, September 29, 1988 and forward 11 Affidavits of Publication to: Board of Appeals, Main Road, Southold, NY 11971. TOWN OF SOUTItOLD BUILDING DEPARTblENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that)rout application dated .... ~ .... .'~.. ........ j'..~.., 19. ~ ~ for permit to ~.~~. ~.. ~ · .~.~.f~..~~ County Tax Map No. 1000 Section ...... ~ ..... Block ........ .~. .... Lot .... .~..< . .C~.... Subdivision ................. Filed Map No ................. Lot No. ' ~z~...~../~ ~=.~.z .... ~.....~........::~.~ .~. ....... RV 1/80 am~ned · Au-gu.st. 2.,. ....... 19.8.8. BOARD OF/~E ALTH ...... 3 SETS 6. jPLANS ~- ...... FORM NO. I SURVEY .......... TOWN OF SOUTHOLD CHECK .......... BUILDING DEPARTMENT SEPTIC FORM ............. : TOWN HALL NOIIFY SOUTHOLD, N.Y. 11971 CALL ................ TEL.: 765-1802 MAlL TO: ,proved ................. 19... Permit No ............ sapproved a/c..°O'/.'~-/°~....~'.. ~ff-/.~ ....... (Building Inspector} APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 :s of plans, accurate plot plan to scale, Fee according rd schedule. b. Plot plan_showing location of lot and of buildings on premises, relationship to adjoining premises or public streets areas, and giving a detailed description of layout of property must be drawn on the diagram which is par~ of this appli- tion. c. The work covered by this application may not be commenced before issuance of Building Permit, d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit ,all be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy mil 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 uilding Zone Ordinance of the Town of Southold. Suffolk County, New York, and other applicable Laws, Ordinances or ,egulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. he applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to dmit authorized inspectors on premises and in building for necessary inspections. (Signatttre of applicant, or name, if a corporation) ...Pr.O: .B.o.x..5.1.~., .F.i.sh.e.rs. !s.l.a.n,d: .N..Y ................ (Mailing address of applicant) ~tate whether applicant is owner, lessee, "agent, architect, engineer, general contractor, electrician, plumber or builder. ..... .A?.e.h!t.e.e.t. 7 .S.h.o. pp..R.e.n.o. ?.h.a.r. tp.n..A.s.so. 9i.a.t.e.s.q .A~a.n..S.hpp.e ......................................... Name of owner of premises ...M.?....D.e.n!s..O.i.B.r!o,n' ........................................................ (as on the tax roll or latest deed') [f applicant is a corporation, signature of duly authorized officer. Not Applicable (Name and title of corporate officer) ALL CONTRACTOR'S MUST BE SUFFOLK COUNTY LICENSED Builder's License No, . .np.t .a. p121i, qa.b.l.e ............ Plumber's License No. ,riP.t.a.pj2.1iqa.b.l.e ............ Electrician's License Nd.n°.t .a.p.p.l!e.a.b.l.e ............ Other Trade's License No..N.e.w..E.n.g.l.a.n.d.T.e.n.n!s.... Lie. 1. Location of land on which proposed work will be done .................................................. Private' Road (no name) Private Road (no name) Fishers Island House Number Street Hamlet County Tax Map No. 1000 Section ...3 ............. Block .... .~ ............ Lot. s~..?: ~ . .,,5"f~.. ....... Subdivision ..................................... Filed Map No. 22 ., Lot"l' & 2 (Name) , . , 2. State existing use and occupancy of premises and intended use and occupancy of propose~:~nstruction: Single Family Dwelling a. Existing use and occupancy ............................................................ ¢ ......... Single Family Dwelling ~ ~ ~ b. Intended use and occupancy ........................... . .... 3 Nature of work .check which appli. Jle): New Building .......... Additi¢ .......... Alteration .......... Repair .............. Removal ............. Demolition .............. Other Work..X ............. Tennis Coupt ( scnp3xo~n) 4 Estimated Cost.· ..$3.9-0-0-0.'99 .......................... Fee ................. ~ .............. (to be paid on filing this application) 5, If dwelling, number o f dwelling units 0 Number of dwelling units on each floor ................ [f garage, number of cars .... 0. ............................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use . ? Dimenmons of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear ................. Depth ...................... Height ...................... Number of Stories ...................... & Dimensions of entire new construction: Front 60 Rear 60 Denth 120 Height ..... 1. q ........ Number of Stories . 8 9. Size of lot: Front ....4.0.0. f.t... ............ Rear .... §.0.0. f.~.. ........... Depth .~..6.0.0 .f.t: .............. '0. Date of Purchase . .1.2./.2.2 [8. ~ .................... Name of Former Owner .F.~.a.n. qi.s?.i.s.k.e..A.d.a.m.s..~?: ....... .1. Zone or use district in which premises are situated..'r.e.s.i.d.en, t.i.a.1 .......................................... ,2. Does proposed construction violate any zoning law, ordinance or regulation: . .y.e.s. ....................... .3. Will lot be regraded ....nD ....................... Will excess fill be removed from i~emi~es: Yes ~Noj 4. Name of Owner of premises .. 1).e~ .Q'.B?ie.n. ...... Address .P, .O: .B. qx. 5.1.6, ?. i .s .h .e r s. p~Soinaen~o.5.1.6:.7.8.S77. 7. 6.7.. · Shoe Reno Wharton Assoc. ddres~18 W. ~u[.nsfig~Avew Phone No 203-869-7250 Name of Architect ... P ....................... A q ~,~onv,,~-m - ,. ........................... NIsm~ tafC'~ntr.~ntc~r New England Tennis ~dress'B~.hS, a~dSahk~J~d. ~ ~, 203-272-8~79 [5. Is this property located within 300 feet of a tidal wetland? *Yes ..... No *If yes, Southold Town Trustees Permit maybe required. PLOT DIAGRAM Locate dearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from ~roper~y lines. Give street and block number or description according ~o deed, and show street names and indicate whether nteriof or coruer lot. (see attached plot plan) [_____.~..~..~.?.~.¢-. ' ...................... being duty sworn, deposes and says that he is the applicant (Name of individual signing contract). bore named. ie is the ....... .~, ./-.~): ?~..~..'.../~. ~'~. ?.~. ......................................................... (Contractor, agent, corporate officer, etc.) said owner or ownem. ~d is duly authored to perfo~ or have performed the said work and to m~e ~d file ~s pplication; that all statements cont~ned M this application am true to the best of his ~owledge and belief; and that ~e ~ork will be per[ome~ in me m~ner set foah.in the application filed therewi~ worn ro before me~-this ................. o nt, ,V//W // .~E'~ ,l ~ ~ ~ '.., , ..... ~ - :xx. :~.-~ ............... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DA~-P August 2 1988 TO THE ZONING BOARD OF API~ALS, TOWN OF SOUTHOLD0 N. Y. Allan ~hope . of Private Roa.d. 1, (We] ........... , ................................................................................................................................ Name of Appellant Street and Number Fishers Island New York ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... r3AT~r3 August 2, 1988 WHEREBY THE BUILDING INSPECTOR DENIED,TO ( ) ( ~ (X) Name of Applicant for permit of Private Road Fishers Island New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Construction of Tennis Court With Tennis Court Fence 1. LOCATION OF THE PROPERTY Street /Hamlet / Use District on Zoning Map Distric~ t000 Section Block Lot ~ _ _ ..... - ............................................................................. ~urrent Uwner Denis O'Brien Mop No. Lot No. Prior Owner Francis Fiske Adams Jr. 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 III Section 100.32 3, TYPE QF.. APPEAL Appeal is made herewith for (p'le'afse check appr0pr-i.ate box) (X) A VARIANCE to the Zoning Ordir~3nce or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) ~ 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 Not Applicable - and was made ,in Appeal No ........................... Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A ~Vari'ance' to the Zoning Ordinance ~ J~C-~/~S~J-~,~J~JC~, ~-'{)l ( ) ~and-'gazebo ,s requested for-the reason that we wish to construct a single tennis court'hnd have no available area behind the house. (75 ft. to the water) -- Porto ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practica! difficulties or unneces- sary HARDSHIP because placement of a tennis court behind the house would be impossible because the house is situated on a large building 10t approximately 78 ft. from the edge of Fishers Island Sound; the area between the house and water is regulated by the D.E.C. for no construction, which leaves the only possible location for a tennis court in the front yard. .2.. The hardshie created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because of the linear shape of this building lot and the location of the house in proximity to the water. 3.' The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed location for this tennis court is within a heavily wooded area Completely invisible from all adjacent p~operties and streets. ,./~'-~- ? =-. ~~"~, .~:'. TOWN OF SOUT~0L~ "~OPERTY'r' RECORD CARD OWNER STREET FORMER OWi~ER N RES. SEAS. (~VL~. ,_~/,,~ FARM LAN D IMP. TOTAL DATE l~,lO0 VILI.~, GE I DIST,/ SUB. LOTS E _ ACR. ' " W 0 , ~ e ~ I J TYPE OF?13UILDING COMM. CB. MISC. Mkt, Value REMARKS i ~.. OOAGE ~ NORM^ NEW ~ L FARM Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland BUILDtNG CONDITION ' BELOW ABOVE Value Per Value Acre FRONTAGE ON WATER Brushland / FRONTAGE ON ROAD DEPTH BULKHEAD - DOCK _ . TOWN OF SouTHOLD OWNER sTREET VILLAGE i DIST SUB. LOT FORMER OWNER N E O' ~ . ACR. j ~ RES. S~S. ~. J FARM COMM. CB. MISC. Mkt. Value : ~ ~ND IMP. TOTAL DATE REMARKS , ; " ' AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE . FARM Acre Volue Per V~lue Acre : " Tillable 1 ~ : ,~, Woodland ~, ?d ~ ~ '/~ -.~. ~ ~ Swampland FRONTAGE ON WATER ~, ' ~ Brushbnd FRONTAG~ON ROAD ~: ~ : ~ '-',~e Plot . DEPTH ~0~' ' ' ',/ '" :,' . BULKH~D ~. DEPARTMENT OF plANNING 'OF' SUPFOL:K-' . PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E, KOPPELMAN DIRECTOR OF PLANNING November 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 Co~mission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Carol A. Maguire Seymor & Merle Levlne The Cove at Southold (Henry J. Smith) Tony Scarmato, Inc. John J. Jessup FDenis O'Brien 3740 3750 3756 3759 3763 3764 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI James Dinizio, Jr. Pursuant to 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: xx Variance from the Zoning Code, Article III , Section 100-31 Variance from Determination Special Exception, Article Special Permit Article XI, Section 100-119-1 of South~ld Town Building Inspector , Section Appeal No.: 3764Applicant: Denis O'Brien Location of Affected Land: Private Road, Fishers Island, NY County Tax Map Item No.: 1000- 3-3-3.5 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Boundary of Existing or Proposed County, State or Other Recreation Area Federally Owned Land Federal Park or or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant __ Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to~__~rt ~ith 10' hiqh fe~cinq and qazebo structure in area other than required rearyard. Copies of Town file and related documents enclosed for your review. Dated: October 27,1988 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, .IR. SERGE DOYEN, JR. ~:"~T J. 3CL:CLA33 JOSEPH H. SAWlCKI James D~n~z~o, Or. October 20, 1988 Mr. Allan P. Shope 18 West Putnam Avenue Greenwich, CT 06830 Re: Appeal No. 3764 - Denis O'Brien (Variances) Dear Mr. Shope: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals. Please be sure to return to the Building Inspectors' Office for other actions or permits which are appropriate. A copy of this decision has also been furnished to the Building Department to update their files. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN. / , ~y Linda Kbwalski Enclosure Copy of Decision to: Office of the Building Inspectors Suffolk County Department of Planning TOWN OF SOUTHOLD ZONING BOARD OF APPEALS REGULAR HEARING OF THURSDAY, OCTOBER 6, 1988 Appl. NO.: 3764 Applicant(s): DENIS O'BRIEN Location of Property: Private Road, Fishers Tax Map ID No.: 1000-3-3-3.5 Island October 6, 1988 Regular Meeting Present were: Chairman Gerard P. Goehringer; Member Charles Grigonis, Jr.; Member Serge Doyen, Jr.; Member James Dinizio, Jr. Absent was: Member Sawicki (due to serious family illness). Also present were: Board Assistant Linda Kowalski, and approximately 40 persons in the audience. The Chairman read the Legal Notice for this hearing, as published in the suffolk Times and L.I. Traveler-Watchman, Inc. CHAIRMAN GOEHRINGER: I have a copy of a site plan indicating the proposed tennis court and its proximity to the existing rights-of way and Private Road dated December 1, 1987. And I have a copy of the Suffolk County Tax Map indicating this and surrounding proper- ties in the area. Mr. O'Brien who is to my left, has afforded us with pictures of the existing placement of the tennis court and the existing area of the proposed gazebo or viewing area. Is there anything you'd like to add to the record Mr. O'Brien. MR. O'BRIEN: No, it speaks for itself. CHAIRMAN GOEHRINGER: This is the first time you're not going to say anything. Is Mr. Shoppe here? I'm sorry sir. MR. SHOPPE: I think this application is fairly self explanatory. The one thing that I would add to it is that we made an effort to choose a location for this tennis court. And although it is for- ward the front of the front of the property, it was the only place on the property that we could put it that it would be in fact, in- visible from all adjacent properties and invisible from the O'Brien resident itself. I think if you visit Fishers and see this site, you'll find it both during winter and summer, from the street as well as the adjacent property owners, that this is an invisible proposal. Not screened, it's invisible. MR. O'BRIEN: In other words, more than five feet beyond what I call the apron of the tennis court, you can't see anything. CHAIRMAN GOEHRINGER: What about lighting? Page 2 - Thursday,-OctobW6, 1988 Public Hearing - DENIS O'BRIEN So6thold Zoning Board of Appeals MR. SHOPPE: There's not going to be any lighting for this tennis court. CHAIrmAN GOEHRINGER: The square building which is not really a gazebo is basically going to be the viewing building. MR. SHOPPE: A small viewing area. I believe it's a building about 12 by 15. Again, without power, without walls. It's just a small covered area to protect people from the sun. CHAIRMAN GOEHRINGER: We thank you very much for coming in. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Questions from Board members? I'll make motion granting this as applied for. Ail in favor - AYE. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, .IR. JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 1tc:J71 TELEPHONE (516) 765-1809 October 6, 1988 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Si~nificanc~ APPEAL NO.: 3764 PROJECT NAME: DENIS O'BRIEN 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 sig~ifi- 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: To erec~ tennis court with 10 ft. high fencing and gazebo structure in an area other than required rearyard LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Private Road, Fishers Island, ~Y 3-3-3.5 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 FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall Southold, NY 11971; tel. 516- 765-1809 or 1802. ' ' Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc ~D Southold, N.Y. 11971 (516) 765-1988 September 1, 1987 Mr. Thomas T. McVann, Jr. P.O. Box 827 Westhampton~ Beach, NY 11978 RE: Adams/O'Brien Property Lot line change at Fishers Island Dear Mr. McVann: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, August 24, 1987. RESOLVED that the Southold Town Planning Board approve teh lot line change of plan made for Francis Fiske Adams, Jr. located at Fishers Island, survey dated as revised May 29,' 1987, subject to: Covenants and Restrictions filed withthe office of the County Clerk stating that lots no. 1 and 2 will be sold as one unit, even upon the completion of dwelling units. Would you please forward a draft copy of the covenants and restrictions to our office for review by.the Town Attorney prior to filing same with ~he County Clerk's office. if you have any questions, contact our office. please don't hesitate to Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary S H O P E R E W H A R T O N ~'A~I' S O C I A T £ S ARCHITECTURE INTERIOR ARCHITECTURE September 20, 1988 Ms. Linda Kowalski Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Dear Linda: Please accept the enclosures as an amendment to our application for the O'Brien Property Tennis Court being considered on October 6, 1988. We have mailed a new application to the building department for rejection which should be on your desk within a day or so, and all neighbors have been notified per your regulations. Please let me know if we can be of further assistance. Sincerely, Allan P. Shope PARTNER Enclosures APS/dh 18 WEST PUTNAM AVENUE GREENWICH, CT. 06830 203 869-7250 NOTICE OF.~.EARINGS NOT~CE 1~' H~Y 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 APPEAl .S at a Regular Meeting at the $outhold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, OCTOBER 6, 1988, at the following times: 7:35 p.m. Appl. No. 3765-- JOSEPH SPITALIERE for a Variance to the Zoning Ordi- nance, Article Ill, Section 100-31 for the placement of a new dwelling structure with a re- duced setback from the front property line. Location of Pro- perty: Right-of-way located along the east side of Cedar Beach Drive, Southold, (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as 1000-90-4-14. 7:40 p.m. AppL No. 3768-- FRANK AND SANDRA CUR- RAN for a Variance to the Zon- ing Ordinance, Article Ill, Sec- tion 100-31 for construction of a pool with deck and fence en- closure with an insufficient frontyard setback and excessive lot coverage (over 20 percent), at premises known as 780 Hay- waters Road, Cutchogue, NY; County Tax Map Parcel No; 1000-111-01-016. 7:45 p.m. AppL No. 3763-- ~ for a Vari- ance to the Zoning Ordinance, Article Ill, Section 100-31 for construction of an addition at the westerly side of the existing dwelling with a reduction in the total sideyards, at premises known as 90 East Road, Cutch- ogue, NY; County Tax Map Par- cel No. 1000-110-7-15. 7:50 p.m. AppL No. 3759-- TONY SCARMA~iL). INC. for a Variance to the Zoning Ordi- nance, Article XI, Section 100-119.2 for approval of gazebo structure with an insufficientx setback from an existing built. head along Peconic Bay, at pre- mises known as 235 Huckelberry Mill Road, East Marion, NY; County 'Fax Map Parcel No. 1000-31-16-9. 7:55 p.m. Appl. No. 3755SE --TIMOTHY COFFEY AND THE COVE AT SOUTHOLD., INC. Special Exception to the Zoning Ordinance, Article Ill, Section 100~30C, for permission to erect off-premises sign. Loca- tion of Property: South Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3. (Recessed from Prior Meeting). 8:00 p.m. AppL No 3758-- JR. Variance to the Zoning Ordinance, Article Ill, Section 100-31 for permission to con- struct open deck addition with an insufficient rearyard setback from existing dwelling, at pre- mises known as 605 Highwood Road, "Highwood at Bayview" Subdivision Lot No. 8, Southold, NY; County Tax Map Parcel No. 1000-78-9-50. 8:05 p.m. ELSIE D. YOUNG. Appl. No. 3760SE--Special Exception to the Zoning Ordi- nance for permission to estab- lish Accessory Apartment in an existing dwelling structure in ac- cordance with the requirements of Article III, Section 100-30B, subsection 15. Location of Pro- petty: 480 Grisson Lane, Southold, NY; County 2~x Map Parcel No. 1000-78-1-10.3. Appl. No. 3761-V--Variance to the Zoning Ordinance, Arti- cle Ill, Section 100-30B(15)[M] to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of Building Inspector indicates dwelling met the requirements for a Certificate of Occupancy had application been made in a timely fashion. Location of Property: 480 Gris- son Lane, Southold, NY; Coun- ty Tax Map Parcel No. 1000-78-01-10.3. 8:15 p.m. JOHN T. BEEBE-- 6 Variances to the Zoning Ordi- nance, Article III, Section 100-31 for approval of insuffi- cient area and width of two pro- posed parcels in this proposed set-off division of land, located along Beebe Drive, CutehOgue, NY; County Tax'Map Pan,el/'~o. 1000q03-3-part of Lot 5. 8:20 p.m. ROBERT AND DI- ANNA BAKER. Special Excep- tion to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Ave- nue, Southold, NY; County Tax Map Parcel No. 1000-55-6-9. 8:30 p.m. Appl. No. 3779-- PETER AND DESPINA MAR- KOPOULOS for a Variance to the Zoning Ordinance, Article 111, Section 100-31 and prior Appeal No. 3623 rendered May Il, 1987 for approval of struc- ture(s) with reduced sideyards, at premises known as Lot #16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24. 8:40 p.m. No. 3769SE--~ D a RI- ~. Special Exception to the Zoning Ordi- [ nance, Article III, Section 100-30B for permission to estab~ fish Winery, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-01-13. ~ 8:50 p.m. Appl. No. 37i,4 - DENIS O'BRIEN for Variances to the Zoning Ordinance, Arti- cle Ill, Section 100-31 and Ar- ticle XI, Section 100-119.1 for permission to erect tennis court with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suf- folk County Tax Maps as Dis- trict 1000, Section 3, Block 3, Lot ? 5 along Private Road, %Fishers Island, NY. 8:55 p.m. AppL No. 3778'-~ BRETT AND JANET KEHL-- Variance to the Zoning Ordi- nance, Article 111, Section 100-32 and removal of Condi- tions rendered under Appeal No. 3641 on June 18, 1987 in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4.32. 9:05 p.m. Appl. No. 3774SE--H & S ASSOCIATES. Special Exception to the Zoning Code, Article VII, Section 100-70B for permission to con- struct addition to existin~ql building, (maintaining the west. 'l erly yard setback) for fi.se part- ly for sales of auto parts, added I storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-2-24. 9:15 p.m. Appl. No. 3776-- HOWARD AND MARGARET BRODIS. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(15) for per- mission to establish Accessory Apartment in a proposed addi- tion to existing dwelling, at pre- mises known as 435 Eastward Ct., Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. 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 com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time al- lotted. For more information, please call 765-1809. Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski IX, 9/29/88 (50) OCOUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ....................... /.... weeks successively, commencing on the ......... ~'.~ ~. ..... Sworn to before me this c:,~c~ eg ........... day of .... ..... Notary Pt:fblic I(Ar'Ei'~ W. ~OEt~C-I~$ON NO,,...y PU~HC. State or N3w ¥or~ No. 4~42 ISO Main Road, Southold, .NY_; i south side ot ~ouna ~eacn ,egal Notices NOTICE OF HEARINGS NOTICE IS N.~iREBY'GIVEN, ursuant to ~ 267 o~ ~e Town .aw and the Code of the Town of ~oothold, the foliowing bearings e bald by the ~ iOARD OF APPEAL~ at a Regular le~6ng at the Southeld Town H~dl, Iain Road, $outhcid, NY 11971, on HURSDA¥. OCTOBER 6. 198g'al e following 7:35 p.m, AppL No. ~765 -- ~ for ~ varmce :ction 10031 for the ple~em, era of a ~'w dwell~g etmcmre with a reduced :~ack from the f~nt proparW ocation of Propa~y: P~ght~f-way ~ated along the cast side of Cedar each Drive. Sootbold, (just south of clleml Wayne inn) md extending,in i easterly and thence southerly rcction to this parcel identified on c Suffolk Cmmty Tax Maps as 7:40 p.m. AppI. No. 3768 -- ~,AN~ AND SANDRA CURRAN r a Variance to the Zoning Ordi- race, Article ~ Sectim~ 100-31 for ncc enclosure with an insufficient omyard setback and excessive lot )verage (over 20 percent), at cnrises known as 780 Haywate~ ~l. Cutchogue, NY; County Tax ap Pamel No. 10~0-111-01-016. 7:45 p.m. Appl. No. 3763 -~ ~ for a Variance to e Zoning Ordinance, APicin ITl, ~ctinll I00-3l for c~stmetinn ~ an =dillon at the wcsterty side of the istmg dwelling with a reduction in -' total sldeyards, et pmnis~ Imown 90 East Road, Cutchogue, NY; ~unty Tax Map Parcel No. I000- 0-7-15. 7:50 p.m. AppI. No. 3759 -- )NY SCARMATO. INC for a cial Exception to Ibu Zoning Ordi- nance, A~icle for pannissiea~ct off-premises sign, Location ~Wproper t y: Sou t h Side of Main Road, S~mthold; NY; County Tax Map Parcel No. 1000- 75-06-7.3 (Recessed from Prior 8:00 p.m. AppL No. 3758 -- THEODORE KUDLINSKI. JR. Variance to the Zoning Ordinance, Article I~, Sectic~ 100-31 for per, mission to construct open deck addi- tion with an insufficient rearyard set- back from existing dwelling, at premises known as 605 Highwoud Road, 'Highwood at Bayvicw" Subdivision Lot No. 8, Southold, NY; County Tax Map Parcel No. 10130-78-9-50. g:05 pm. ~ Appl. No. 37605E -- Special Map Parcel No. 1000-55-6-9. 8:30 p.m. Appl, No. 3779 TaR AND DESPINA Mt OPOUL08 for a Variance to'~q Zoning Ordinance, Article fir, Sectlo 100-31 and pror Appeal No. 3623 re,dared May 11, 1987 for approval 'of slmcto~(s) with reduced sideyards, at promises known as Lot #16, Captain Kidd Estates, along south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24: g:40 p.m. AppL No. 37695E -- ntento of Mattituck, In sworn, says that he/sho Is Principal ,LK TIMES, a Weekly Newspaper, CUTCHOGUE FARMS LTD. Ca/li~A~l~ In the Town of Southold, County of GRISTINA VINEYARD~), Special Exception to the Zoning Ordinance ~W York, and that the Notice of which A~c~e HI, Section 100-30B forper- ~1 c0p~, has been mgulady published In mission to establish Winery. at pmmisesloc~tcdsiongthenorthside .'0 each week for 1 weeks of t~ ~ Ro~d, Cat~ogue, S¥; ,neing on the 2 ~ day of County Tex ~ap Parcel No. 1000- Exception to the Zoning Ordinance for parmlssion to cstab~h Access~/ structure in accordance with the re~ I ~ for Vanances to the quirements of Article HI. Section i~ Z~oningOrdinance, A~.cleI~,Secti~ · ~. .......... · · 100-31 and Article XI, Section 100- Southold, NY; County Tax Map ff..'~cou~ with 10-f~. high fehcingand Parcel No. 1000-78-1-10 3 'ff .¥zebo structure m an ar~a other than Appl. No. ~761~V -- ,Varian~-ff the ~uired rea~yard, at premises ......... ;,~'~ ide~tifiad on the Soffolk County Tax Secuon 100-~0B(15)(Mi to aliow~ ~ ' ' · Mapa as District 1000, SecIlon 3 ........ - "! BIock 3, Lot 3 5, along Prvate Roa~ pancydatedafterJanua~, 1, 1984, al= 8.'55 p.m. AppL No. 3778 -- though Affidavit of Building Inspeaor ~[~[~,]~ -- indicates dwelling met the ~c; Variance to the Zoning Ordinance, -- quircments for a Certificate of Occu_ Article l~ Section 100-32 and tc- pancy had application been made in a/~$ moral of C(mditiens rendered under timely fashion. Location of Prapeny: Appeal No, 3641 on ~'unc 18, 1987 480 Grssom Lane, Southold, NY; in order to allow conversion of thc County 'mx Map Parcel No. 1000- 78-01-10.3. 8:15 p.m. JOHN T. BEERE -- Variances to the Zoning Ordinance, Aninle III, Section 100-31 for ap- provsi of insufficient area and width of two proposed parcels in titis pro- posed set-off division of land, located -- along Bccba Drive, Cutchogue, NY; subject build~ng as livable al~a in proposed reconstruction plan of dwelling, at pre&ises known as 5500 Main Bayvlew Road, $outhold, NY; County Tax Map Parcel ID No. 1000-78-4-32. 9:05 p.m. AppL No. 3774SE --H & S ASSOCIATES Special Ex- cap6od to the Zoning Code, Article Principal Clerk MARY K. DEBNAN NOTARY PUBLIC, State ot New York Suffolk C0untv ~ ~rm Exolres Februar~l,~lgy~) ~riance to thc Zoning Ordinance, County Tax Map Parcel No. 1000- ticleXI, Scction 100-119.2forap- ~.~ 103-3-partofLotS. wsi of gazebo etmCtUrc with an ufficient setback fpmn a~n existing lkhead along Peconin Bay, at :mises known as 235 Huckclban~ ~11 Road, East Marion, NY; County x Map Parcel No. 10fl0-31-16-9. 7:55 p.m. Appl. No. 3755SE.- MOTHy COFFEY AND THE WE AT SOUTHOLD. I~, Spa- VII. Section 100-70B for parmisslon /.to construct addition to existing 8:20 p.m. ROBERT AND Di= ?t building. (maintaining the westerly ANNA BAKER. Special Exceptien t6 the Zoning Ordinance, A~cle Section 100-30B(16) for permission yard setback) for use partly for sales of auto parts, added storage, and en- gine-rebuilding shop, at premises lo- cated along the noah side of the Main Road, Cutchogue, NY; Coumy Tax Map Parcel No/J000-102-2-24. 9:15 p.m. AppL No. 3776 -- HOWARD AND MARGARET BRODIS. Special Exception to thc Z~ln8 Ordinance, Article I~, S~cfion 100-30B(15) for permissi~ to estab- lish Accessorl( Apartment in a pro- posed addition to existing dwelling, at prcr~ses known as 435 Eaatward CL, Matt~tuck, NY; County Tax Map Parcel No. 1000-115-7-9. · The Board of Appeals will at said time and place hear any and ell per- sons,or representatives dcsi6ng to be heard in each of the above matter~. Written comments may also be sub- more information, please call 76~- Dated: September 16, 1988. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CH~IRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 BOUTHOLD, L.I., N.Y. 11~71 TELEPHONE (516) 765-1869 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. : Someone should appear in your behalf during the public hearing. Questions may arise from Board Members or persons in the audience during the hearing. Your hearing is expected to start at the time advertised in the Legal Notice, and you will not be required to appear earlier. Please feel free to call our office prior to the hearing date if you have any questions or wish to review your file. Your~ very truly, GOEH~INGER GERARD P. CHAIRMAN lk Copies to the following on or about 9/21/88: Mr. Joseph Spitaliere (picked up personally 9/21/88) Environment East, Inc. as Agent for Frank and Sandra Curran as Agent for John J. Jessup 3075 Indian Neck Lane Peconic, NY 11958 J. Kevin McLaughlin, Esq. as Attorney for Tony Scarmato, Inc. 828 Front Street, Greenport, NY 11944 Mr. Wilbur Klatsky, The Cove at Southold, 5044 Expressway Drive South, Ronkonkoma, NY 11779 Mr. and Mrs. Alvan Terry, Box 35, Main Road, Peconic, NY 11958 Re: The Cove at Southold - Sign Mr. Theodore S. Kudlinski, Jr. 605 Highwood Road, Box 1052, Southold, NY 11971 Mrs. Elsie D. Young 480 Grisson Lane, Southold, NY 11971 Abigail A. Wickham, Esq. as Attorney for John T. Beebe Main Road, Box 1424, Southold, NY 11971 Mr. and Mrs. Robert Baker 2900 Boisseau Avenue, Southold, NY 11971 Mr. and Mrs. Peter Markopoulos 605 Sound Beach Drive, Mattituck, NY ~1951 Richard F. Lark, Esq. as Attorney for Cutchogue Farms Ltd. Main Road, Box 973, Cutchogue, NY 11935 J. Kevin McLaughlin, Esq. as Attorney for Petrol Stations Re: Cutchogue Farms Ltd. 828 Front Street, Box 803 Greenport, NY 11944 ~r. Allan P. Shope as Architect for Denis O'Brien 18 West Putnam Avenue Greenwich, CT 06830 Mr. and Mrs. Brett Kehl 5500 Main Bayview Road Southold, NY 11971 Mail List continued for October 6, 1988 Legal Notice: H & S Associates P.O. Box 915 Cutchogue, NY 11935 Mr. and Mrs. Howard Brodis 435 Eastward Court Mattituck, NY 11952 Suffolk Times, Inc. Main Road Mattituck, NY 11952 L.I. Traveler-Watchman, Inc. Traveler Street Southold, NY 11971 Individual ZBA files ZBA Members Building Department (V. Lessard) Supervisor and T.B. Members Town Attorney Town Clerk Bulltin Board (west side) Z.B.A. Bulletin Board (east side) I)OARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of to the Board of Appeals of the Town of Southold TO: Mr. Henry Gerry 4l E. 62nd Street Hew.York, New York 10021 NOTICE TO_ ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thee intention of the undersigned to petition the Board of Appeals of the Town of $outhold to request a ~ (Special Exception) (Special Permit) (Other) [circle choice] ' 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 6.69 Acres owned by Mr. Denis O'Brien 3. That the property which is the subject of such Petition is located in the following zoning district: Fishers Island - Private Road 4. That by such Petition, the undersigned will request the following relief: To allow construction of .a single tennis court and 10 ft. high tennis court fence in the front yard concealed by existing trees per attached plot plan~ and adjacent gazebo. ~..That the provis!ons of the Southold Town Zoning Code applicable to the relief sought by the under- signed are A~l~.cle III Section 100.32 [ ] Section Z80-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. .(5!6) 765-!809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; thata notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of SouthoId and designated for the publication of such notices: that you or your representative have the right to appear and be heard at such hearing. Dated: AuKust 2t 1988 Allan P. Shope Petitioner 0wners'Names: D&nisO'Brien Post Office Address P;'O: Box 516 Fishers'Island, NY Tel. No. (203) 869-7250 .['~opy ~f sketch or plan showing proposal to be attached for convenience pu~pqse$'.] PJ~OOF OF MAILING OF NOTI~'r )~TTACH CERTIFIED MAIr. R~CEIPT~ P 701 852 033 RECEIPT FOR CERTIFIED MAIL __ (See Reverse) . s,,~,.~, ~.o ~ ~-~c~. .cZ--- - S~ia~ ~hvery Fee P-546 359 510 RECEIPT FOR Ct-RTIFi~ 0 MA~L AUan Shope , residing a~ 1084 Lake Avenue, Greenwich, CT 06830 of~6u~t / ~o~ ' ~ beiniduly ~orn, depo~ and u s ' , ~988/~ deponent mailed a ~r ........... , ..y .that o~ the.~ da~ ve~ side hereof, di}ected to each or the above.n ~ .......... ~ --,~uy o~ me Nol~ce ~t forth on the re. a..... ~..~.~ a~ me aaares~s scl opposite thor r~ctive ~m~; that the add~es~s set opposite the pames of said ~rsons are the addr~ses of said persons as ~hown I~ current ~s~sment roll Of th· TOwn o~ Sout~old, that ~id No/ic~ were i .... on rice at Greenwlch~ Connecticut ' - ....... ~t the ired Stat~ Post · '"-':'51:~'~D[~'~o~'[~~r~¢ H~' ~l I~ fi ~ ~ 4 :', ': - t '~ ' ... - '...-.. <' ,'z r8~~.I~ION ~r (This side does not have to be proper3y owners..) completed on form transmitted to adjoining ~OARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oil the Petition of to the Board of Aooeals of the Town of Southold TO: Mr. Christopher Roosevelt Middle Patent Road Armonk, New York 10,504 · NOTICE TO ADJACENT PROPERTY OWNER YOU ARE.HEREBY GIVEN NOTICE: 1. T~ intention of the undersignedtopetition the Board of .Appea s of the Town of Southold to request a(i~ariance_~(Special Exception)(Special Permit) (Other) [ci:cle choice] 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: 6.69 Acres owned by Mr. Denis O'Brien 3. Tha, the property 'which is.the subject of such Petition is located in the following zoning district: Fishers Island - Private Road ' 4. Thai by such' Petition, the undersigned will request the following relief: To allow construction of single tennis court and z0 i't. high tennis court' fence in the front yard concealed by existing trees per attached plpt plan, and adjacent gazebo. 5. That the provis{ons of the Southold Town Zoning Code applicable to the relief sought by the under. signed are Attic:lo III · Sectic~ 100.32 . [ ] Section g80-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be file. d in the Southold Town Clerk's Office at Main Road, Southold, New York and you may' then and there examine the same ct uring regular office hours. (516) 765-].809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board. ore Appeals; tha} a notice of sUch.hearing must' be published at least five days prioi' to the'date of such hearingtn the Suffolk'Times and in the Long Island T~aveler-Mattituck Watchman, newspapers published in the Town, of Southold'and designated for the publication of such rbotices; that you or your representative have the right to ap)sear and be heard at'such hearing. Dated:' .August 2, 1988 or plan showing Allan P. Shope Petitioner 0whets'Names: DenisO'Brien Post Office Address P.O. Box 516 Fishers Island~ NY Tel. No. {203 ) 869-7250 proposal to be attached for conveolence PROOF OF MAILING OF NQTI~.F ATTACH CERTIFIED ,MAIL RECEIPTS P 701 852 031 RECEIPT FOR CERTIFIED MAIL NOT FOIl INTERNATIONAL MAIL (See Reve,se) TOTAL P~'maa and Fee~I~. P-546 359 509 RECEIPT FOR CERTIFIED MAIL , residing at 1084 Lake Avenue, Greenwich, CT 06820 , bein~ duly sworn, deposes and says thal on the l fit day ~L~' of, August / .C.t J?~e.~ ,19 88 /~'~deponent mailed a true copy of the Notice set forth on the re- verse side hereof, di~e~red t~ each of Ihe above-named ~rsons at the addres~s set opposite Ih~r rmp~tive name; that the addres~ se; opposite the names of said persons are the addresses of sa d )ersons as shown on ~, curr~e~m~nLrol, of~ Town of Soufhold; ,hal uid Notic. were mailed at th United Stalin Pos, ~- · al tcn~ uonnect]cu[ ; ~hat said Notices ~er~ail~o e ]c~said persons by · (~[lfied) (re~islered) mail. I // "~ / / ' ~,~'~ ~~ ~s .~ ~ ~ I /J/ /~/ /~. . _x~~~ ~,~~ · b~ic / ' (1,,i$ Side . property lot have to be completed on owners. ) form transmitted to adjoining BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter of the Petition of 1~0 ~h~ Board of Appeals of the Town of Southold TO: Mr. Christopher Roosevelt Middle Patent Road Armonk, New YOrk 10504 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thane intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~(Sp~ciat Exception)(Special Permit) (Other) [¢i:c.1e choice] I. 2. That the property ·which is the subject of the Petition is located adjacent to your property and is des- cribed ms follows: 6.69 Acres owned by Mr. Denis O~Brien 3. Thal the property which is the subject of such PetitiOn is located in the foil0wing Zoning district: Fishers Island - Private Road ......... 4. That by such Petition, the undersigned will request the following relief: To allow construction of a single tennis ~ourt and 10 ft. high tennis court fence in the front yard concealed by existing' trees per attache_d plot Dian, and adjacent ~'azebO.' $. That the provisions of the $Outhold Town Zoning Code applicable to the relief sought by the under. signed are Article III Section 100.32 [ ] Section 280-A, New York Town Law for approval of access over right(si-of-way. 6: That withlh five days from*the date hereof, a written Petition requesting the relief specified above be filed in theSouthold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine thCs.amp dur ng regu ar 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 ,.[~Boar~'of.APpeals; that a notice of such hear n8 must be -ubl Shed a east f v- · , - - , , ;- ': .. . r . ,~ u,my~, prior .[O [ne 'sate m SUCh hearlng~n the S~uffolk TIm~ and in the Long I.sland Traveler-Mattituck Watchman, newspapers publ shed'in the Towfl-of.ibb~th~ld'~nd designated for the pubhcatlon of such notices; that you or your reoresentative have the right to ~ppear and be heard at Such he.aring. Oatedf August 988 . ~-: }[Cb/k O.f iketch - ~i- p. ur.posex_."]~ or plan showing Allan P. 8hope Petitioner Owners ? Names :Denis O'Brien Post Office Address P.O. Box 51§ Fishers Island,' NY Tel. No. (203 ) 869-7250 proposal to be attached for convenience NAME · PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS P 701 852 032 RECEIPT FOR CERTIFIED MAIL NO ,NSURa~CE coweao~ e~OwoEo N0! FOR iNTERNATiONAL hdAIL (See Reverse) P-546 359 507 H~CEiPT '"' ; g. s,.,,,, :,..c.o.. -: ] STATE OF'fq~W-'~ COUNTY 0~,~.) ss.: _, Allan Shope , residing at 1084 Lake Avenue, Greenwich, CT 06830 of August / ~-.tT~' x ', - , being duly sworn, deposes and says that on the 1st da 1988 / ~'~,, deponent mailed a true copy of the Notice set forth on the re- y ve~ side hereof, d~ected ~o each of'the above-named persons al the addresses se~ opposite thor respeclive name; that ~he addres~s set opposite lhe names of said persons are the'addr~ses of said persons as shown on ~he currenr ass~smen~ roll of the Town of Southold; ~ha~ said NoHces were ma*led al the Uni ed Sta~ Pos~ rice a~ Greenwich, Connecticut ; lhal said Nolices ere ~iled · f said p~sons by (This side does not property owners.) have to be completed on form transmitted to adjoining JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 117 9 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: August 2, 1988 Transmitted herewith is Zoning Appeal NO. 37§4 , application of Allan Shope for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; latter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of to the Board of Appeals of the Town of Southold TO: Mr. Christopher Roosevelt Middle Patent Road Armonk, New YOrk 10504 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~(Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 6.69 Acres owned by Mr. Denis O'Brien 3. That the property which is the subject of such Petition is located in the following zoning district: Fishers Island - Private Road 4. That by such Petition, the undersigned will request the following relief: To allow construction of a single tennis court and 10 ft. high tennis court fence in the front yard concealed by existing trees per attached plot plan. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100.32 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above wil~ 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. (53.6) 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: August 2, 1988 Allan P. Shope Petitioner Owners ' Names: Denis O'Brien Post Office Address P.O. Box 516 Fishers Island, NY Tel. No. (203 ) 869-7250 [Copy of sketch or plan showing proposal to be attached for conYenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 701 852 03~ RECEIPT FOR CERTIFIED MAIL (See Reverse) Postage Certified Fee Speoal Dehvery Fee Restricted Dehvery Fee Return Receipt showing to whom and Oate Dehvered Date. and STATE OF~ CO.NT Allan Shope , residing at 1084 Lake Avenue, Greenwich, CT 06830 , being duly sworn, deposes and says that on the 1st day of August ,1988 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were ma,Ued at the United States Post Of- ficeat(certified)Greenwich'C°nnecticUt(registered) mail. ; that said Not;es ~_e~ed ~_~f said persons by Sworn to before me. this day of ~a~&~''- , · Notary Public ' (This side does not have to be completed on form transmitted to adjoining property owners.} BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of to the Board of Appeals of the Town of Southold TO: Mr. Henry Gerry 41 E. 62nd Street New York, New York ]0021 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) [c±rcle cho±ce] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 6.69 Acres owned by Mr. Denis O'Brien 3. That the property which is the subject of such Petition is located in the following zoning district: Fishers Island - Private Road To allow construction of 4. That by such Petition, the undersigned will request the following relief: a single tennis court and 10 ft. high tennis court fence in the front yard concealed by existing trees per attached plot plan. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III ~c~on 100.32 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (53.6) 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: August 2, 1988 Allan P. Shope Petitioner Owners ' Name s: Denis O'Brien Post Office Address P.O. Box 516 Fishers Island, NY Tel. No. (203) 869-7250 [Copy of sketch or plan showing proposal to be attached for cQnvenience purposes.] NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 701 852 033 RECEIPT FOR CERTIFIED MAIL (See Reverse) ~ Off St le and IP Code Poslage Cerhfied Fee Specla~ Delivery Fee ~o whom and~~ :Oate. and ~dress O' De~] TOTAL ~ [~e aha 6ee~ COUNTY OF ~ ) ss.: AHan Shope 0 residing at 1084 Lake Avenue, Greenwich, CT 06830 , being duly sworn, deposes and says that on the 1st day , deponent mailed a true copy of the Notice set forth on the re- of August ,1988 verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were ~]J(i!ed~t the United States Post Of- fice., Greenwich, Connecticut ; t hat said ~~~.___,~ h of said persons by (certified) (registered) mail. Sworn to be~fore ~.~, ~his IS~ Notary Pubic (This side does not have to be completed on form transmitted to adjoining property owners.} BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter m the Petition of to the Board of Appeals of the Town of Southold TO: Mr. Christopher Roosevelt Middle Patent Road Armonk, New York 10504 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha~4-L~,the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the sub ect of the Petition is located adiacent to your property and is des- cribed as follows: 6.69 Acres owned by Mr. Denis O Brien 3. That the property which is the subject of such Petition is located in the following zoning district: Fishers Island - Private Road 4. That by such Petition, the undersigned will request the following relief: To allow construction of a single tennis court and 10 ft. high tennis court fence in the front yard concealed by existing trees per attached plot plan. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100.32 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (5].6) 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: August 2, 1988 Allan P. Shope Petitioner Owners ' Names: Denis O'Brien Post Office Address P.O. Box 516 Fishers Island~ NY Tel. No. (203 ) 869-7250 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 701 852 031 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTEflNArlONAL MAiL (See Reverse) P State and ZIP Code Postage Ceridied Fee Speoal Oehvery Fee Restncted Dehvery Fee Date and Afess TOTAL Pc~ze and Fees,~ Postmar~o~ate Allan Shope ,residing at 1084 Lake Avenue, Greenwich, CT 06830 , being duly sworn, deposes and says that on the 1st day deponent mailed a true copy of the Notice set forth on the re- of August ,19 88 verse side hereof, directed tO each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Greenwich, Connecticut ;that said Notices ~er,~/mailed~o eac~¢said persons by Notary Public ~ ' (This side does not have to be completed on form transmitted to adjoining property owners.) ,14-16-4 (2187~--Text 12 PROJECT I.D. NUMBER 617,21 ~..~ Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Allan Shope O'Brien Tennis Court 3. PROJECT LOCATION: Municl~3ality Fishers Island County Suffolk SEQR 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Private Road Fishers Island, New York 5. IS PROPOSED ACTION: [] New [] Exf3anslon [] Modification/alteration 6, DESCRIBE PROJECT BRIEFLY: Single Tennis Court to be built in completely concealed wooded area on single family dwelling lot. 7. AMOUNT OF LAND AFFECTED: Initially ~/8 acres Ultimately 2/8 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [~NO If No, describe briefly variance applied for tennis court in front yard. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open space [] Other Describe; 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? [~Yes [] No If yes, list agency(s) and permit/approvals Building Department - Town of Southold. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERM T OR APPROVAL? [] Yes [] No If ye~, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [~[ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE } Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order ~o answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary'. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? ~es X NO 2. Will there be a major change to any unique or X unusual land form on the site? ~, Yes No 3. Will project alter or have a large effect on an existing body of water? Yes X No 4. Will project have a potentially large, impact on groundwater quality? Yes X No 5. Will project significantly effect drainage flow X on adjacent sites? ____Yes NO 6. Will project affect any threatened or endangered plant or animal species? Yes X No 7. Will project result in a major adverse effect on air quality? Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes XNo 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircamental area by a local agency? Yes XNo 10. Will project have a major effect on existing or future recreational opportunities? Yes XNo 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes bo 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes XNo 13. Will project have any impact on public health or safety? Yes ~No 14. Will project affect the existing conununity by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes ~o period or have a major negative effect on the ~ ~ charact~ of the community or neighborhood? 15. Is there pub~i~o~ve~s~ concerning the ~roject? / J/l~/~ ~ ' Yes X____No Representing; Mr. Denis O'Brien / Date: August 2, ]988 ZBA ~/75 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~ITtt YOUil APPL£CATION [.'Oi~.IS 'PO THE BOARD (3F A[~PEALS Please complete, sign and return t~'~the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to!depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. ~ 1. Are there any proposals to change or alter land contours? Yes 2.a)Are there any areas which conuain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) not within 300ft. Yes ~ b)Are there any areas open to a waterway without bulkhead? Yes not within 300 ft.- per attached survey 3. Are there existing structures at or below around level, etc? (see attache~ survey) such as patios, foundations, Yes N~ 4. Are there any existing or proposed fences, cDncrete Tennis CourtFence Proposed only O No 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-~-~t? State total: ft. Yes ~ If project is proposed for principal building or structure, is total height at more than 35 feet above average ground-T~l? State total: ft. 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. ~ No 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: O'Brien House, Building Permit# ~ No Do state whether or not applications ar%.pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Yes Yes Nc Yes Nc Yes Yes Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made app%ication to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes 13. Please list present use or operations conducted upon the subject property at this time single family house and proposed single family house wit~ tennis cou/t ' Please submit photographs for the rqgord. / t certify that the above statemen~re~r~and are being submitted reliance by the Board of Appeal/ }~/~ng my application· 'gn ure (Property O~Tner) ~(-Aut~orize~ /gen~) for 1/88 WETLANDS [Amended 8-26-7t; I)y L.L. No. 2-1976; 3-26- 85 by L.L. Nl~. 6-1985]: A. TIDAL WETLANDS: (1) All lands genernll~, ct~v~r~,d or in~rmittent~y env- ered with, or which borth.r on, tidal wa~rs, or la~ds lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, includin~ but not limited ~ banks. bogs. sar marsh, swaml~s, meadows, flaLq or other Iow lying J~nds subject to tidal action: (2) All banks, bogs. mead~ws, flats and tidal marsh subject ~ such tides a~(i upon Which grows or may grow some or any of tbe following: salt hay, black grass, saltwort, sea lavender, tall cord~r=~, high bush. cattails, groundsel, marshmallow and march cordgrass; and/or (3) All land immediately adjacent to a t/dui wetland as defined in Subsection A~2) and lying within seven- ty-five (75) feet landward of the most landwar(t edge of such a tidal wetland. FRESIIWATER WETLANDS: (1) "Freshwa~r wet ands" as defined in Article 24. Ti- tle 1. j 24-0107, Subdivisions l(a) ~ l(d) inclusive. of the Environmen~l Conservation Law of the Sta~ of New York; and (2) All Iand immediately ad,facent ~ a "~reshwater wet- ~and," as del'ned m Subsection B(1) and lying with- in Seventy-five (75) feet landward o~ the most land. ward edge ~f a "freshwater wetland." 9705 ,q