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HomeMy WebLinkAbout3805 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN R{3AD- BTATE RnAD 25 SnUTHI3LD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 ACTION OF THE BOARD OF APPEALS Appeal No. 3805: Application of PAUL AND MARGARET KAYSER for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2B for permission to construct addition with an insufficient setback from existing bulkhead. Location of Property: 1005 Mill Creek Drive, Southold, NY; County Tax Map District 1000, Section 135, Block 3, Lot 39. WHEREAS, a public hearing was held on December 8, 1988, in the Matter of the Application of PAUL AND MARGARET KAYSER under Appeal No. 3805; and WHEREAS, at said hearing all those who desired to be heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the south side of Mill Creek Drive, in the Hamlet of Southold, Town of Southold, is referred to on the unfiled "Map of Mill Creek Grove" as Lot 19 and part of 20, and is identified on the Suffolk County Tax Maps as District 1000, Section 135, Block 3, Lot 39. 2. The subject premises contains a total area of approximately 14,800 sq. ft., lot width of approximately 84 feet at the front-setback of the existing building, average lot depth ~f 154+_ feet, and is improved with a single-family, 1-1/2 story frame dwelling, all as more particularly shown on the copy of Survey dated February 26, 1980, prepared for the previous Page 2 - Appeal No. 3805 Matter of PAUL AND MARGARET KAYSER Decision Rendered December 8, 1988 owners, Larry C. Talbert and Rosemary H. Locastro by Roderick VanTuyl, P.C. 3. By this application, appellants request a Variance from the Provisions of Article XI, Section 100-119.2B to construct open deck addition extending 13 feet at the rear of existing dwelling, and leaving a scaled setback at 45 (or more feet from the edge of the existing concrete bulkhead along Arshamomaque Pond (or Old Cove). 4. Article XI, Section 100-119.2B of the Zoning Code (as amended) requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. The nonconformities of the property and building as exists are noted as follows: (a) the setback at 52+- feet from the existing bulkhead; (b) substandard lot area, width and depth. The fact that the dwelling was constructed prior to the enactment of Section 100-119.2B of the Zoning Code, as amended, and the nature of the preexisting nonconformities lend to the practical difficulties and related to the premises. 6. For the record it is also noted that the elevations of the grade at the vicinity of the dwelling structure is shown to be 10 feet, more or less, above mean sea level, and no excavating or similar activities will be conducted for the construction of this deck seaward of the existing dwelling. 7. It is the position of this Board that in considering this application: (a) the relief if granted will not alter the essential character of the neighborhood; (b) the difficulties are uniquely related to the property and are not personal in nature; (c) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (d) that the variance requested is not substantial in relation to the requirements and is reasonable under the circumstances; Page 3 - Appeal No. 3805 Matter of PAUL AND MARGARET KAYSER Decision Rendered December 8, 1988 (e) that the relief as requested will not alter the essential character of the neighborhood; (f) in view of all of the above, the interests of justice will best be served by granting the relief requested, conditionally noted below. as Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3805 in the Matter of the Application of PAUL AND MARGARET KAYSER for an 13-ft. open deck extension at rear of the existing dwelling as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck not extend any farther than 13 feet from the rear of the dwelling, as applied; 2. That the deck remain open, unroofed, and not be converted for additional living area {except for a temporary awning). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Sawicki. (Absent were: Member Doyen of Fishers Island due to serious family illness and Member Dinizio due to bereavement.) This resolution was duly adopted. lk RECEIVED AND FILED BY THE SOUTIiOLD DATE !ICU~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. SoUthold Town Board of Appeals MAIN RDAD- STATE RnAD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, DECEMBER 8, 1988 at the following times: 7:30 p.m. Appl. No. 3803 - JAMES AND PHILOMENA MONICA. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of deck with an insufficient rearyard setback. Location of Property: 545 Bay Haven Lane, Southold, NY; Terry Waters Map No. 2901, Lot 42; County Tax Map District 1000, Section 88, Block 4, Lot 31. 7:35 p.m. Appl. No. 3792 - NICK THEOPHILOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2A for permission to locate swimmingpool with fence enclosure with an insufficient setback from average line of bluff along the Long Island Sound. Location of Property: 450 The Strand, East Marion, NY; Pebble Beach Farms, Inc. Subdivision Lot ~135; County Tax Map District 1000, Section 21, Block 5, Lot 5. Page 2 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 7:37 p.m. Appl. No. 3791 - JAMES H. BERGERON. Variance to the Zoning Ordinance, Article III, Section 100-30A[1) and Article XI, Section 100-118, for permission to rebuild existing nonconforming single-family dwelling. Location of Property: 185 Riley Avenue, Mattituck, NY; County Tax Map District 1000, Section 143, Block 4, Lot 29. 7:40 p.m. Appl. No. 3795 - PETER AND DOROTHY MICCICHE. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct detached garage in an area other than the required rearyard. Location of Property: 270 Private Road %12, Southold, NY; County Tax Map District 1000, Section 78, Block 6, Lot 4.1. 7:45 p.m. Appl. No. 3793 - JAMES AND STELLA MANOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(C) for permission to rebuild deck structure with 30+- sq. ft. expansion, within 75 feet of the nearest freshwater wetlands near Great Pond. Location of Property: 2147 Lake Drive, Southold, NY; County Tax Map District 1000, Section 59, Page 3 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals Block 5, Lot 2.2; also known as Lot 94 on the Minor Subdivision Map for Philip Druhl, P.B. File ~22, endorsed March 24, 1970. 7:50 p.m. Appl. No. 3804 - ELLEN BLACK GUYTON. Variance to the Zoning Ordinance, Article III, Section 100-32, and Article XI, Section 100-118, for permission to rebuild nonconforming accessory (storage-garage) building in the frontyard area. Location of Property: 3331 Private Right-of-Way extending off the west (northwest) side of Grand Avenue, Mattituck, NY; County Tax Map District 1000, Section 107, Block 01, Lot 11. 7:55 p.m. Appl. No. 3794 - JERRY AND MARY GEORGES. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition(s) to existing dwelling with an insufficient setback from the top of bank along the Long Island Sound. Location of Property: 18565 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block 01, Lot 22.1. Page 4 - Notice of Hearings Regular Meeting -December 8, 1988 Southold Town Board of Appeals 8:00 p.m. Appl. No. 3734 - KATHRYN FLEET. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area, width and depth, of two proposed parcels in this pending division of land. Location of Property: North (Northwest) Side of Old Pasture Road, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 11, Lot 19.1. 8:05 p.m. Appl. No. 3780 - ARMANDO CAPPA. Variance to the Zoning Ordinance, Article III, Section 100-30C, for permission to erect ground sign, advertising off-premises business ("Ciccilino," Fine Italian Dining). Location of Property: South Side of Main Road and North Side of Old Main Road, Southold, NY; County Tax Map District 1000, Section 56, Block 6, Lot 11.1. 2e appl. NOo 3805 - PaUL AND MARGARET KAYSER. V Zoning Ordinance, Article XI, Section 100-119.2B for permission to construct deck addition with an insufficient setback from existing bulkhead. Location of Property: 1005 Mill Creek Drive, Southold, NY; County Tax Map District 1000, Section 135, Block 3, Lot 39. Page 5 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 8:15 p.m. VICTOR AND LINDA CATALANO: (a) Appl. No. 3800 - Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to locate swimmingpool, accessory to the existing residence, in an area other than the required rearyard. Location of Property: West Side of Private Right-of-Way extending off the South Side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.2. (b) Applo No. 3799 - Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-31, for permission to construct principal building for use as a poolhouse/cabana, accessory to adjoining residence, with an insufficient rearyard setback. Location of Property: South Side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.1. Page 6 - Notice of Hearings Regular Meeting - December 8~ 1988 Southold Town Board of Appeals 8:20 p.m. Appl. No. 3796 - ALFRED FALKOWSKI. Special Exception to the Zoning Ordinance, Article IX, Section 100-90 for permission to construct office building with storage upon this 6+-acre parcel. Zone District: "C-i" General Industrial. Location of Property: 8595 Cox Lane and the Southwest Corner of Oregon Road, Cutchogue, NY; County Tax Map District 1000, Section 083, Block 3, Lot 4.6. 8:30 p.m. Appl. No. 3807 - MOHRING ENTERPRISES, INC. Variance to the Zoning Ordinance, Article XI, Section 100-119 and Article III, Section 100-31, Bulk Schedule, for permission to locate new dwelling with an insufficient rearyard setback on a lot which has frontage along three roads: North Bayview Road, Pine Neck Road, and Kimberly Lane, Southold, NY; Subdivision Lot No. 20, Map of Paradise By the Bay; County Tax Map District 1000, Section 70, Block ~3, Lot 20.20. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: November 22, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski Please publish the above Legal Notice on or before December 1, 1988 and forward one Affidavit of Publication together with your voucher on or before December 6, 1988. Thank you. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ....O..%~.. ~ ..... ]..~. .....19 .~.. F.. for permit to ~ .~-~,...%'~'~-. ~....'~.o...-s~-~.~..~.. )-~.. ~ .............. at Location of Property ./.~. ?. ~ .... .~...,'~... ~ .~..~. ~.~. ........ C,.~~ ........ House No. Street Ham/et County Tax Map No. 1000 Section ...J. ~.~. ..... Block .... .C3.~ .~ .....Lot ...~ ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds , . .(~..--~. ,.~....~..~ .]..~. :' ?./~' .................... Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR NOV ~ G i988 APPEAL NO. ~_~ DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN c~T~9~. ~I~¥~ '7.~..~ / z ~/~/e. ,~f~ ff~.~.~_ of .................................. 1, (We)~ .................... ~i ....... ..................... : ......... j.ql~..~- 'F~,Lf_. ¢~-/~-// .L~/~,~ Name of Appellont-- Street a~l"~l~';'~ .......................... ..................... ..~...~.?..~..!.-~...~.~.L..~.. ..................................................... (...~...'.Y~,.~.~<....HEREBY APPEAL TO Municipality S fate THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ........ i~arr;; ;f'X~plicont f;7'~;~[~ ................ of ........ ............. ...................... Street and Number Municipali~ *' Stale ( ) PERMIT TO USE ) PERMIT FOR OCCUPANCY ]. LOCATION OF ~HE P~OPE~TY Street ........................................... L..: ................ Mop No. · Lot No. Pri Or 0wner.~f~L~/~, - 2. PROVISION (S) OF THE ZONING ORDINANCE APP~LED (Indicate the A~icle Secti~, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi.nance.) Article ~J Section jbO~ 3. TYPE OF APPEAL Appeal is made herewith for (p]ease check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Consl Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has)~_)been made with respect to this decision of the Building Inspectar or with respect ta this property. Such appeaJ was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that l~orm ZBi (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The ~anance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) ss ...... .A.~ ....... ~....,/; ................... : .......... ~,~. ..................... ,..~ COUNTY OF ) ~orn to thi~ ................... ~...-~ ................... OWNER O~: $©gTHQL~ :LES. LAN D SEAS. IMP. VL. TOTAL FARM DATE DII~TRICT__ [ SUB. LOT ACREAGE AGE ' NEW Farm 'illable W .... " ;.-~ TYPE OF BUILD NG hIAL ~._, ,,/..: ,:> ?, COMM. IND, CB. MISC. REMARKS BUILDING CONDITION BELOW ABOVE NORMAL Acre Value Per Acre Value illable 2 riIlable 3 Moodland ~wampland ~rushland -louse Plot -ij Fxte~sio~ Extension Foundation Bath Floors Ext. Walls Extension Fire Place Porch Breezewo Patio Driveway Garage Interior Finish Attic Rooms 1st Floor Rooms 2nd Floor DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPEL. MAN December 22, 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) Paul & Margaret Kayser 3805 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals I~AIN ROAD- STATE ROAD 2[5 SnUTHDLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI James Dinizio, Jr. Pursuant to Article XIII of Board of Appeals the following to the Suffolk the Suffolk County Charter, the of the Town of Southold, New York, hereby refers County Planning Commission: Variance from the Zoning Code, Article XI , SectionlOO-Z19.2B Variance from Determination of South61d Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:3805 Applicant: Paul & Margaret Kayser Location of Affected Land: ~05 Mill Creek Drive, Southold, County Tax Map Item No.: 1000-135-3-39 Within 500 feet of: Town or Village Boundary Line NY ×× Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Boundary of Existing or Other Recreation Area Proposed County, State Proposed County, State or Federally Owned Land or Federal Park or or Existing or Owned by the Lines, Within Within Proposed Right-of Way of Any Stream or Drainage Channel County or for Which The County Has Established Channel One Mile of a Nuclear Power Plant One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct addition with an insufficient setback from existinq bulkhead Copies of Town file Dated:December 15, and related documents enc|osed for your review. 1988 APPEALS BOAR() MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765 1909 December 14, 1988 Mr. and Mrs. Paul Kayser 1005 Mill Creek Drive Southold, NY 11971 Re: Appl. No. 3805 - Variance for Deck Dear Mr. and Mrs. Monica: Transmitted herewith for your file and perusal is a copy of the determination rendered by the Board of Appeals recently concerning the above application. Please be sure to return to the Building Department for issuance of additional documents which may be necessary. A copy of this decision has also been furnished to their office to update their files. Wishing you and your family a Merry Christmas and Happy New Year! Yours very truly, GERARD P. GOEHRINGER Lin a Kowalski Enclosure Copy of Decision to: Office of the Building Inspectors Suffolk County Department of Planning Office of the Town Trustees Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS December 8, 1988 GERARD P. GOEHRINGER, CHAIRMAN S . E · Q . R . A . CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAW[CKI Notice of Determination of Non-Si~nificancm James Dinizio, Jr. APPEAL NO.: 3805 PROJECT NAME: Paul and Margaret Kaiser 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: PermissiOn to construct deck addition with an insufficient setback from existing bulkhead. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, particularly known as: 1005 Mill Creek Drive., SoDthold, NY 1000-135-3-39 more 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: L£nda 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. ,egai-N- ces NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, ~ut~aant to Section ~67 of thc Town of Southold, ti~,,~'lowing hearings ~,iB be behl~5~ the SOUTgOLD TOWN BOARD OF APPEAI~ at a Regular Meeting at the Southold Town HaH, Main Read, Southold, NY 11971, on ~ ~ at the foHowin8 7:30 p,m, Appl. No. 3803 -- ~AMES AND piRLOMENA MON- 1CA. Yntiance to the Zoning O~di- nance, Article H~, Section 100-31, Bulk Schedule, for approval of deck with an insufficient rea~/ard setback. Location of Property: 545 Bay Haven Lane, Southold, NY: Terry Waters Map No. 2901, Lot 42; County Tax Map Distria 1000, Section 88, Block 4, Lot 31. 7:35 p.m, Appl. No. 3792 -- NICK THEOPHILOS. Variance to the Zoning Ordinance, A~icle Section 100-119.2A for permission to locate swimminipeol with fence eaclosu~ with ~m insufBcieat sethack from average line <d bluff along the Long Island Sound, Location of Property= 450 The Strand, East Marion, NY; pebble Beach Farms, Inc. Subdiv~sinn Lot #135~ County Tax Map District 1000, Section 21, Binch 5, Lo~ 5, 7:37 p.m. Appl. No. 3791 -- JAMES H, BERGERON. Variance to the Ze~ing Ordinance, Article 1~, Section 100-30A0) and Article XI, Sectie~ 100-118, for permission to rebuild existin8 n~nce~formin8 sin- glo-family dwcllin8. Location of Pwpe~y: 185 Riley Avenue, Matti- rock, NY; County Tax Map District 1000, Section 143, Blech 4. Lot 29. 7:40 p.m. AppL No. 3795 -- PE- TER AND DOROTHY M/CC]CHE. Variance to the Zoning Ordinance, A~icin IR, Section 100-32 for per- mission to construct detached garage yard. Locatioa of Property: 270 vato Road #12, Southold, NY; County Ta~ Map Dis~ct 1000, Sec- tion 78, Block 6, Lot 4.1. 7:45 p,m. Appl. No. 3793 -- JAMES AND STELLA MANOS. Variance to the Zoning Ordinancel Arfide X~I, Section 100-119.2(C) for near Great Pend. Location of Prop- arty: 2147 Lake Drive, Southuld, NY; County Tan Map District 1000, Section 59, Block 5, Lot 2.2; also File #22, endorsed,Ma~ch 24, 1970. 7:50 p.m: AppL No. 3804 -- Privato R~ght-of-Way extending off the west (northwest) side of G~and pem,lssinn to construct addition(s) to Property: 18565 Soundview Avenue, of two preposed parcels in th~s pond, Property: No~ (NonhwesO Side of tioa 103, Block 11, Lot 19.1. 8:05 p.m. AppL No. 3780 ~ Sectina 100-30C, for permission to premises lyasiness CCi~.o,'* line Italian Dinins). Locatie~ of Property: NY; County Tax Map District 1000, Section56, BIo~6, L~ll.l, - ~ ~, 8:10 p.m. Appl. No. 3805 :-~ Ordinance, Article XI, Section 100,~,// 119.2B for permission to con~tmc~k deck Idd/tio~ v~th [n Insl~fBd~t set~ back fr~n exi$fin8 bulkhead. Loca- tion of Property: 1005 Mill Czeel~ Drive, Sonthuld, NY; County Ta~ Map Disttict 1000, Section 1~5~ (a) AI~pL No. 3~00-- Variance ~o the extsfi~ resident, In an area otber prope.y= West Side of Private R~gh;~ accessory to ~dj~ng residence, w~th Exception to thc Zoning Ordinance, Cutchogu~, NY; County Tax Mao 8:30 p,m. Alii- No. 3807 -- MOHRI~G ENTERPRISES, I~C. Variance to the Zeein8 Ordinance, Article XI, Section 100-119 and Article IH, Section 100-31, Bulk Schedule, for permission to locate new dwelling with an Insufficient rearyard setback on a 1(1 which has frontage along three roads: No~h Bayview Road, Pine Neck Road, and KimbeFly Lane, Somhold, NY; Subdivision Lot No. 20, Map of Paradise By the Bay; County Tax Map Dismct 1000, Section 70, Block The Board of Appeals will at said ti~e and place hear any and aH per- seas or rep~sentatives desiring to he heard In each of the above matters. Wriuen comments may ai~be sub- miued prior to thc conclusion of the subject hearing. Each hearing wilYn~¢ ~tart before the time allotted. Frr more information, please call 76~- 1809. Dated: November 22, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS' GERARD P. GOEHRINGEI~ CHAIRMAN By Linde Kowaiski 6135-1TD1 ~, / RY PtJ,~oLIC, St'~,~ of New~ York uffolk ~.0mltv N0, 4~,45bo0/- Term ~gires Februa~19~ ;ipal of J in ~k$ of NOTICE OF HEARINGS ; NOTICE IS HEREBY ';GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall~ Main Road, Southold, NY 11971, on THURSDAY~ DECEMBER 8, 1988 at the following tim~s: ' 7:30 p.m. Appl. No. 3803-- JAMES AND PHILOMENA MONICA. Variance to the Zon- ing Ordinance, Article Ill, Sec- tion 100-31, Bulk Schedule, for approval of deck with an insuf- ficient rearyard setback. Loca- tion of Property: 545 Bay Haven Lane, Southold, NY; Terry Waters Map No. 2901, Lot 42, County Tax Map District 1000, Section 88, Block 4, Lot 31. '7:35 p.m. Appl. No. 3792-- NICK THEOPHILOS. Variance to the Zoning Ordinance, Arti- cle XI, Section 100-119.2A for permission to locate swimming pool with fence enclosure with an insufficient setback from average line of bluff along the Long Island Sound. Location of Property: 450 The Strand, East Marion, NY; Pebble Beach Farms, Inc. Subdivision LOt //135; County Tax Map District 1000, Section 21, Block 5, LOt 5. 7:37 p.m. Appl. No. 3791- JAMES H. BERGERON. Vari- ance to the Zoning Ordinance, Article Ill, Section 100-30A(I) and Article XI, Section 100-118, for permission to rebuild exist, lng nonconforming single- family dwelling. Location of Property: 185 Riley Avenue, Mattituck, NY; County Ta~ Map District 1000, Section 143, Block 4, Lot 29. ~ 7:40 p.m. Appl. No. 3795-- PETER AND DOROTHY MICCICHE. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct detached garage in an area other than the required rearyard. Location of Property: 270 Private Road #12, Southold, NY; County Tax Map District 1000, Section 78, Block 6, Lot 4.1. 7:45 p.m. Appl. No. 3793-- JAMES AND S'I ELLA MANOS. Varianc~ to the Zon- ing Ordinance, Article Xl, Sec- tion 100-119.2(C) for permission to rebuild deck structure with 30+ sq. ft. expansion, within 75 feet of the nearest freshwater wetlands near Great Pond. Location of Property: 2147 Lake Drive, Southold, NY; County Tax Map District 1000, Section 59, Block 5, Lot 2.2; also known as Lot //4 on the Minor Sub- division Map for Philip Druhl, P.B. File #22, endorsed March 24, 1970. 7:50 p.m. Appl. No. 3804-- ELLEN BLACK GUYTON. Variance to the Zoning Ordi- nance, Article Ill, Section 100-32, and Article XI, Section 100-118, for permission to re- build nonconforming accessory (storage-garage) building in the frontyard area. Location of Pro- perry: 3331 Private Right-of-Way extending off the west (north-. west) side of Grand Avenue; Mattituck, NY; County Tax Map District 1000, Section 107, Block 01, Lot. 11. 7:55 p.m. Appl. No. 3794-- JERRY AND MARY GEORGES. Variance to the Zoning Ordinance, Article Xl, Section 100-119.2 for permission to construct addition(s) to exist-,a lng dwelling with an insufficient setback from the top of bank along the Long Island Sound. Location of Property: 18565 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block 01, Lot 22.1. 8:00 p.m. Appl. No. 3734-- KATHRYN FLEET. Variances, i to the Zoning Ordinance, Arti- cle ltl, Section 100-31, Bulk Schedule, for approval of insuf- ficient area, width and depth, of two proposed parcels in this pending division of land. Loca- tion of Property: North (North- west) Side of Old Pasture Road, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 11, LOt 19.1. 8:05 p.m. Appl.~No. 3780-- ARMANDO CAPPA. Variance to the Zoning Ordinance, Article Ill, Section 100-30C, for permis- sion to erect ground sign, adver- tising off-premises business' ("Ciccilino~' Fine Italian Din- ing). Location of Prop<rty: South Side of Main Road and North Side of Old Main Road, Southold, NY; County Tax Map District 1000, Section 56, Block 6, Lot 11.1. I 8 :10 p.m. Appl. No. 3805--"~ PAUL AND MARGARET// KAYSER. Variance to the Zon- I/ ing Ordinance, Article XI, Sec- ~ lion 100-119.2B for permission "3 to construct deck addition with ~ an insufficient setback from I \ existing bulkhead. Location of \ Property: 1005 Mill Creek Drive, I Southold, NY; County Tax Map District 1000, Section 135, Block 3, Lot 39. 8:15 p.m. VICTOR AND OLINDA CATALANO: (a) AppL No. 3800--Variance to the Zoning Ordinance, Arti-c~ cie Ill, Section 100-32, for per- mission to locate swimming pool, accessory to the existing residence, in an area other than the required rearyard. Location of Property: West Side of Pri- vate Right-of-Way extending off the South Side of Great Paconic Bay Boulevard, Laurel, N~ County Tax Map District 1000, Section 128, Block 6, Lot 13.2. ~ (b) Appl. No. 3799--Variance to the Zoning Ordinance, Arti- cle Ill, Sections 100-30 and 100-31, for permission to con- struct principal building for use as a poolhouse/cabana, acces- sory to adjoining residence, with an insufficient rearyard setbacle. Location of Property: South Side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.1. 8:20 p.m. Appl. No. 3796:-- ALFRED FALKOWSKI. Spe-~ cial Exception to the Zoning Dr~ dinance, Article IX, Secuon. 100-90 for permission to con- struct office building with stor, age upon this 6+_ acre parcel. Zone District: "C-I" General Industrial. Location of Proper- ty: 8595 Cox Lane and the Southwest Corner of Oregon Road, Cutchogue, NY; County Tax Map District 1000~ Section 083, Block 3, Lot 4.6. 8:30 p.m. Appl. No. 3807~ MOHRING ENTERPRISES, INC. Variance to the Zoning Or- dinance, Article Xl, Section 100-119 and Article Ill, Section 100-31, Bulk Schedule, for pet'- mission to locate new dwelling with an insufficient reaD, aM set- back on a lot which has fron~= age along three roads: North Bayview Road, Pine Neck Road~ Lane, Southold, and Kimberly NY; Subdivision Lot No. 20, Map of Paradise By the Bay; County Tax Map District 1000, Section 70, Block 13, Lot 20.20. The Board of Appeals will at said time and place hear any and all. persofis or representatives'de, siring'to~e heardln'eaeh 0f ih~' above .matters. Written cOm- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time al- lotted. For more information, please call 765-1809. Dated: November 22, 1988. BY ORDER OF THE SOUTHOLD TOWN . BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalskip IX, 12/1/88 (2) APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS To: F rom: Dated: Transmitted herewith is Zoning Appeal No. Paul & Margaret Kayser OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zonin§ Board of Appeals Judith T. Terry, Southold Town Clerk November 15, 1988 3805 Town Hall, 53095 Main Road P.O. Box 117 9 Southold, New York 11971 · TELEPHONE (516) 765-1801 · application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 List of Mailings Hearings for December 8, 1988 Southold Town Board of Appeals Copies mailed to the following on or about 12/1/88 Mr. & Mrs. James Monica 545 Bay Haven Lane Southold, NY 11971 Mr. Nick Theophilos 387 Broadway New York, NY 10013 Mr. James H. Bergeron 14 Birch Hill Drive Poughkeepsie, NY 12603 Mr. Otto Schoenstein (Re: Box 95 1645 Maple Lane East Marion, NY 11939 Micciche) Mr. James Manos 2147 Lake Drive Southold, NY 11971-1543 Peconic Development Corp. Box 594 Mattituck, NY 11952 (Re: Guyton) Ward Associates (Re: 1500 Lakeland Ave. Bohe~;ia, NY 11716 Georges) Abigail A. Wickham, Esq. Main Road - P.O. Box 1424 Mattituck, NY 11952 (Re: Fleet) Legal Notice of Hearings for December 8, 1988 Copies mailed to the following on or about 12/1/88 North Fork Sign Co. Main Bayview Rd. Southold, NY 11971 (Re: Cappa) Mr. & Mrs. Paul Kayser /1005 Mill Creek Drive Southold, NY 11971 Ms. Patricia Lloyd (Re: 471 Route 25A Rocky Point, NY 11778 Sambach Associates (Re: Box 1033 Cox Lane Cutchogue, NY 11935 Mr. Philip J. Cardinale Cardinale & Cardinale Main Road - P.O. Box W Jamesport, NY 11947 Catalano) Falkowski) (Re: Mohring) L.I. Traveler-Watchman, Inc. (Official Town Newspaper) Suffolk Times, Inc. Town Clerk Bulletin Board ZBA Office Bulletin Board ZBA Chairman and Members with copies from file ZBA Individual Files TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ?) ~ o~ DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Nome of Appellant Street and Number Southold Nq.w....~.o..r.,.k, ............. HEREBY APPEAL TO Municipolih/ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of 1005 Mill Creek Drive Southold New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit for ConStruction I~zll Creek Drive Southo/~d NY 1. LOCATION OF THE PROPERTY 1005 ':' .................... District 1000 Section 1311ock 0~L0t 39 .................................................................................. Current. 0~ner Paul & Margaret Kayser Mop No. Lot No. Prior 0wnerLarry Talbor & R~_~rt~O 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 X i Section 100-119.2 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (') A VARIANCE due to lock of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 (X) A Variance due to Construction within 75 feet o£ Water 4. PREVIOUS APPEAL A previous appeal (~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Varionce to Section 280A Subsection 3 ( ) A Variance to the Zoning O~inance ~X) A Variance to Article X 1 Section 100-119.2 is requested for the reason that ~orrn ~.S~ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed deek would not obstruct &nyones view of the water~ Our neighbors i.e. the next 2 houses on the northwest side~.haYe similar decks to the one we are proposing theirs are also on the waterfront '~ide o~ the hous~ The propose~ Deck would enhance the looks of the house and in turn the neighborhood. COUNT* O~ ~ ....... ; ......... ' ......... "/'~r~'~'~i'~'r~ .......... YZ' ............... Sworn to this ..................... Z~ ................. day of...../~.....~ .......... ~ Notary Public BAR~ARA ~I'EPNOWSKI Notary PubtJc, State of ~ow York No. 4~4,~752 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of to the Board of Appeals of the Town of Southold NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~ !ntention of the undersigned to petition the Board of Appeals of the Town of Southold torequest a~ari~(Special Exception)(Special Permit) (Other) [¢±rc1.e oho±ce] 2. That the property wi]ich is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 'J~/~j% ~)L~b/~/ t% c~ I~ ~'~ oF yeO,'~ ~y / 3.~That,the property which is the subject of such Pe~.tition is located in the following zo~ning district: 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article X J Section /00-- I~'/ [ ] Section 280-^, New York Town Law for approval of access over r~ght(s)~of-wa.y. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1.809. 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. Petition 0wners' Nam Post ~fice Add~ Tel. [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS E P O12,609 736 RECEIPT FOR CERTIFIED MAIL (See Reverse) Postage ._ ~ TOTAl - P O12 609 736 RECEIPT FOR CERTIFIED MAIL (See STATE OF NEW YORK) COUNTY OF SUFFOLK) ' ~'~- II ~7/ , being duly sworn, deposm and says that on the /& day of ~o)Pm ~ , 19 ~ . deponent mailed a true copy of the Notice set forth on the re- veme side hereof, directed to each of the above-named persons at the addres~ 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 assessment roll of the Town of Sourhold; that said Notices were mailed at the United States Post Of- rice at ~ (registered) mail. Sworn to before me,this / ~ day of ~'7~(]~/~77 _/C~..~F' , 19 o~ Notary Public ~R~RA STE~ ~a~ gic, State ~ ~ y~ No. ~752 ; that said Noti/~were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold : i~O~TCL~R ~,~ o~Oq~ NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~ar~a_nc~ (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- cribedasfollows: 'T~E* ~o~Oe~'Y 13 oH 7-~ ~DoTH ~yoo.ep~0~lO~y 3. That the propertv~which is the subject of such Petition is located ~(~ oo ~['7 -7'-;f~)~/Jf~'/g:) I ooo .~ ~--c-/-'{6fg in the foliowing zoning district: 4. That by such Petition, the undersigned will request the following relief: ~,~O;,~ l~l~.~/b~ ~'O co sr cr cm. $. That the provisions of the Southoid Town Zoning Code applicable to the relief sought by the under- signed are Article J( / ~e~on !oo~ IIq. ~- [ ] Section Z80-A, New York Town Law for approval of access over r~ght(s)-0f-way. 6. That within five 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, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeats; 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 an~l be heard at such hearing. Tel . Petitidner Post Office Address [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTI(:F ATTACH CERTIFIED MAIL RECEIPTS P 012 609 735 P 012 609 735 RECEIPT FOR CERTIFIED (See Reverse) TOTAL POS~ Fees RECEIPT FOR CERTIFIED MAIL (See F~everse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) , residing at , being duly sworn, deposes and says that on the /4 day of !?~),)em&o,z ,19 ~'/d , 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 mailed at the United States Post Of- fice_.~lL So ~ ~ T ~0 ~b ; that said Notices were mailed to each of said persons by ~)) (registered) mail' /~___~._._~ Sworn to before me Vnis /'~ ~/~~~2/'' day of //~/,~ !.a~/~ ././~z~/---, 19 ~ / - ~lotary Public/ ~. ~7S2 (This side does not have to be completed on form transmitted to adjoining property owners.} PROJECT I.D: NUMBE~ 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 I 2. PROJEGT NAME 3. PROJECT LOCATION: ! SEQR 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 5. IS PROPOSED ACTION: [] New [] Expansion [] ModiflcatlonlalteraRon 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Inilially ~////) acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 1-=I Yes [~No If NO, describe briefly :~ [ %'~,'?~..- ~ ~ i~_ /-~ .~ ~ T/-/~ ~/ 7 ~ ~,,7~ /-~,~Z~ ~-. ~ /~' ~,~ 9. WHAT IS PRESENT LAND USE N VICINITY OF PROJECT? / [~lResidential [] Industrial ![] Commercial [] Agriculture [] Park/Forest/Open space [] Other 10. DOES ACTION iNVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl STATE OR LOCAL)? [~ Yes [] NO Il yes, list agency(s) and permit/approvals 11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If ye~, Iisi agency name ancl permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes ~No I CERTIFY THAT T INFORMATION PROVIDED ABOVE IS TRUE TO Applicant/sponsor name: ~ SJqnalure: THE BEST OF MY KNOWLEDGE Date: If the action is in the Coastal Area. and you are a state agency, complete the Coastal Assessment Form before proceeding with this a~.~Sessment 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 FOB4 INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts Of th~ 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 ia likely that the project is not significant. (d) ~nvlronmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes ~ NO 2. Will there be a major change to any unique or unusual land form on the site? Yes 3. Will project alter or have a large effect on an existing body of water? . Yes ~ NO 4. Will project have a potentially large, impact on groundwater quality? Yes ~No 5. Will project significantly effect drainage flow on adjacent sites? . · Yes ~No 6. Will project affect any threatened or endangered plant or animal species? .. Yes ~ NO 7. Will project result in a major adverse effect on air quality? Yes ~No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? . Yes ~ No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologiuaL importance or any site designated as a critical envircamental area by a local agency? ___Yes ~No 10. Will project have a m~jor effect on existing or future recreational opportunities? Yes ~No 11.Will project result in major traffic problems or cause a major effect to existing transportation · systems? ___Yes ~ NO 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes ~No 13. Will project have any impact on public health or safety? ~Yes ~No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion o~ more than 5 percent OVer a One-year period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is ~here public ~ntroversy Preparer' s Signature: Representing: / Yes. ~ NO COncerning the . . Yes ~._No FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southoid, N.Y. Certificate Of Occupancy No. Z17044 Date July l, 1988 THIS CERTIFIES that the building .... A~.d.i~ ~ p.n ................................... Location of Property 80 Mill Creek Drive Southold ,~6s:- ~o1 ............ - ........... :~}/e;~' ....................... h~,/e~ County Tax Map No. 1000 Section .. ! .3.5 ....... Block 0 3 .Lot 3 9 Subdivision ............................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore filed in this office dated May 2 8, l 98 7 pursuant to which Building Permit No. 16 0 88 Z dated.....June ....... t 8. ....., 198. 7 ......... was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for wlfich this certificate is issued is ......... Dormer addition to an existing one family dwelling. The certificate is issued to PAUL KAYSER ..................... io¥.;),~.ir~'~ir .......... ' .......... of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO ............ N.0. 1. ~ .8 .4.6.. J..u p.~,. ] .6 .... [ 9. .8.8 ............. PLUMBERS CERTIFICATION DATED: Henry J. Smith & Son, Inc. 5/4/88 Rev. 1/81 T,\X MAP I)I"_SIGNAq'ION ~st. 1000 Sec. 135OO BIL.O3 o O I ot(~39 OOe' CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. 1012 pi 6.0 THIS INDEKI1JRE, made the BETWEEN ~) ,30 , nineteen hundred and eighty six LARRY C. TALBERT & ROSEMARY H. LoCASTRO, his wife, residing at: 2 Horatio Street, New York, New York 10014 party of the first part, and PAUL W. KAYSER & MARGARET KAYSER, his wife, residing at: ,~ o.o~s Avenue, Freeport, New York 11520 party of the second part, WITNES,S~iH, that the party of the first part, in consideration of TEN SE? 11 1988 L'TFIANSFER TA:~ SUFFOLK · COUNTY dollars, lawful money of the United States, and other lawful consideration, paid by the party of the sex:ond part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, .&Il. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and~ing in~ North of Village of Southold, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southeasterly side of Mill Creek Drive, distant 284.91 feet easterly from the corner formed by the intersection of the southeasterly side of Mill Creek Drive with the easterly side of Meadow Lane said beginning point also being here the southwest corner of premises to be described and the northeast corner of land now or formerly of Auld intersects the southeasterly side of Mill Creek Drive; RUNNING THENCE northeasterly along the southeasterly side of Mill Creek Drive along an arc of a curve bearing to the left, a distance of 59.14 feet to land of Schecter, formerly Richmond; RUNNING THENCE south 68 degrees 28 minutes east along said land 144.20 feet to the ordinary high water mark of Arshamomaque Pond; RUNNING THENCE south 30 degrees 27 minutes west 107.60 feet; RUNNING THENCE south 67 degrees 19 minutes west. 30.34 ~eet to land now or formerly of Auld; RUNNING THENCE north 38 degrees 20 minutes west along said land, 163.0 feet to the southeasterly side of Mill Creek, the point or place of BEGINNING. The within described real property is not encumbered by a credit line mortgage. Together with all right title and interest of the party of t~e first part to a samll trianglar parcel approximately 6 feet in lenghh adjoining the northeast corner of the above described parcel as more particularly sh~wr~n a survey by RDderickVanTuyl prepared for Larry C. Talbert and Ros~naryH. LoCastro dated 2/26/80. STATm OF'NL~Y YOmK. COUNTY OF SUFFOLK ,,: On the ,~.~ day O~ ~'~ Kx~~ 1986 , before me personally came LARRY C. TALBERT to me Imown to executed the fo~; Notary; Pu~ ng~:s, individual described in and who trument, and acknowledged that GARY FLANNER OLSEN Notary public St~,~.~ Nuw York No Quell{led in Suito~k Coune/ Commission Expires Marcl~ $0. tg..E-d STATE OF NEW YORK, COUNTY OF ss: On the day o£ 'L 19, , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF PENNA. COUNTY ~ (S On the / ~7/ day of ~/~_~..~'~ 1986 }){=fore me person~d]y' &e -~- ~ ' ROSEMARY H. LoCASTRO to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same, Notary ~Pub! i C SUZANNE ZERRER. NOTARV n,~' ..~' UPPER MAKEFI[LD iWP., 8U(;r,S {. y MY COMMISSION EXPIRES JULY ~, 1~9 Membec Pennsyl~fiia Association of ~JOtaJie~ STATE OF NEW YORK, COUNTY OF' ss: On the day of 19 before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows ; to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. TALBERT & LoCASTRO TO KAYSER TRANS-AMERICA ABSTRACT SERVICE INC. 185 HILLSIDE AVENUE WILLISTON PARK, N.Y. 11596 (516) 747-4824 JI S C -,ON I 5 O COUNTY OR TOWN TAX BILLING ADDRESS L RETURN BY MAIL TO: Walter Wagner, Esq. 81Hempstead Ave. Lynnbrook, NY 11563 Zip No. XINflO0 ~90J~n~ JO ~390 TO~E'II-iER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all tfie estate and rights of the party of the first part in and to ~aid premises, TO I-lAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AI~ID the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a lrust fund to be applied first for the purpose of paying' the cost of the improvement and will apply the same first to the payment of the cost of the improve~nent before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN Wl'l-h'F-..q~ V4HEREOI7~ the party of the first part has duly executed ihis deed the day and year first above written. IN PRESENCE OF: ROSEMARY H. ~ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 APPLICATION NO, IDENTITy OF APPLICANT ADDRESS OF APPLICANT AGENT ~/~ DATEOFAPPLICATION 2.. ........... PHONE NO . PERMIT REQUESTED TO C.]-(~'/S)L~U~')L ~'~)~__.~-.~/.~. LOCATION OF PROPERTy FOR WHICH PERMIT WANTED HOME ADDRESS OF PERMIT APPLICANT IF DIFFERENT FROM AFORESAID LOCATION CREEK. BAY OR HARSOR FRONTING size oF PROPOSED woR~ ',~_&_- £~__L_~_ LENGTH ...... ~..~ ! HEIGHT ABOVE HICH DEPTH BELOW LOW WATER____~_~ YARDS TO BE EXCAVATED WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY___~.. DEPTH AT LOW TIDE . DISTANCE TO THE NEAREST DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN THE AREA l~ THIS FOR PRIVATE OR BUSINESS USE?____~/~/~ MANNER IN WHICH MATERIAL WILL BE REMOVE OR ~-~L FT. DESCRIBE ANY KNOWN PRIOR OPERATIONS CONDUCTED ON THE PREMISE AND WHETHER ANY PRIOR LICENSE OR PERMITS HAVE BEEN ISSUED TO ERRECT STRUCTURES OR TO DREDGE OR DEPOSIT PILL ON SAID PREMISES AND WHETHER ANy PERMITS OR LICENSES WERE EVER SUSPENDED OR REVOKED BY A GOVERNMENTAL AGENCy .4,/& ~ DESCRIBE FULLY THE REHABILITATION AND PROPOSED CONDITION OF THE PREMISES AFTER THE WORK IS COMPLETED INCLUDE AN ADDITIONAL SURVEY OF THE PROJECT SITE IF NECESSARy~___.~.7~ WRITTEN CONSENT OF THE OWNER OF THE PROPERTy, IF NOT THE SAME AS THE APPLICANT, ARE THERE ANY COVENANTS OR RESTRICTIONS IN Y~UR DEED THAT WOULD PROIIIBIT TIIIS PROJECT? ,U,9 QUESTiO[~NAIRE TO BE COMPLETED AND SUB~I~TTED YOUR APPLICAT£ON ["Oi~3'IS 'FO THE BOARD OF APPEALS Please complete[ sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? 2.a)Are there any areas which Contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, c~ncrete barriers, decks, etc? If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground-~-~l? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. 7. Are there other premises under your ownership abutting this parcel? If yes, 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 N~ Yes ~ Yes N~ Yes ~ Yes N~ Yes N~i 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 YesN Yes Yes ~ Yes Yes ~ Yes ~ Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from cqntract) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have · you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes N~' Yes N~ Yes ~) 13. Please list present use or operations conducted upon the subject property at this time i~',,CC.e and proposed Please submit photographs [or the record. I c.ertify ~hat /the above statements are true and are being submitted for reliance /~//t~ Board of Appeals in considering my application. Signa~ (~operny Owner) (Auzhorized Agent) - 1/88 WETLANDs [Amended 8-2fi-7G by L.L. No. 2-1970; 85 hy L.L. No. 6-19851: A. TIDAL WETLAIqDS: (I)All lands ~enernlly covernd or io~rmittently cow ered wi~h. or which bord~.r on. tidal wutcrs, or lands lyin~ beneath tidal waters, which at mean low tide '. are covered by tidal waters to a mnximum dep:h of five ~5) feet. inchalin~ but not limited ~ banks. bogs. salt marsh. Swamps. meadows, fla~s or other low lying lands subj~ct tn tidal acfiom (2) All banks, bogs. meadows, fla~s and tidal marsh : subject ~ such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltwort, sea lavender, ~11 cord~ra~, high bush. cattails, gronndsel, marshmallow and Iow march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A{2) and lying within seven- ty-five (75) feet landward of the must landward edge of such a tklal wetland. FRESHWATER WETLANI)S: (i) "Freshwa~r wetlands" as defined in Article 2,1. tie 1. j 24-0107, Subdivisions 1(a) ~ l(d) inclusive. of the Environmen~l Conservation Law of :he Sta~ of New York; and (2) All land immediately adjacent t~ a "freshwater wet- !and," as defined in Subsection Uti) and lying with- m seventy.five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705