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Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. ]3971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Application of BRETT AND JANET KEHL for a 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, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. WHEREAS, a public hearing was held and concluded on October 6, 1988 in the Matter of the Application of BRETT AND JANET KEHL under Application No. 3778; 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 made the following findings of fact: 1. The premises in question is located along the south side of Main Bayview Road (House #5500), approximately 310 feet east of Core¥ Creek Lane in the Hamlet of Southold, Town of Southold, and is more particularly shown on the Suffolk County Tax Maps as District 1000, Section 78, Block 4, Lot 32. 2. The subject premises is located in the "A" Residential and Agricultural Zoning District, contains a total lot area of .603 of an acre, and is improved with the following structures, as more particularly shown on the Survey as Amended March 30, 1988 for proposed lot line change and prepared by Roderick VanTuyl, P.C.: (a) two-story, single-family frame house set back approximately 39 feet from the front property line along Main Page 2 Appeal No. 3778 Matter of BRETT AND JANET KEHL Decision Rendered October 26, 1988 Bayview Road, 26 feet from the easterly (side) property line, and 98± feet from the nearest rear [southerly] property line; (b) the subject 24' by 32' accessory garage structure set back approximately 19 feet from the nearest westerly {side} property line and 65+- feet from the front property line. 3. By this application, Appellants request permission to relocate existing dwelling-and-kitchen use from the main building to the area of the subject new construction (now an accessory building) which is proposed to be the new single-family dwelling structure, following expansion and completion, and removal of the existing building (presently the main dwelling which is in very poor condition). 4. For the record it is also noted: (a) a Certificate of Occupancy of Nonconforming Premises #Z13913 was issued October 9, 1985 for structures (a), (b), supra~ etc.; (b) Building Permit #15142Z was issued July 28, 1986 for the accessory garage/storage structure of a size 24' by 32' (26 feet high), with one garage level and storage above, pending at this time; (c) the Southold Town Planning Board on July 11~ 1988 approved the lot-line change Dursuant to the Survey Map prepared by Roderick VanTuyl, P.C., amended June 27, 1988, which straightened the lot line between this parcel and the westerly parcel by adding approximately 750 sq. ft. of land area. It is understood that this change was granted to allow more of a sideyard setback for the construction in question, a minimum of which 10 feet is required under Column "A" of the Bulk Schedule of the Zoning Code for a principal dwelling structure. PAge 3 - Appeal No. 3778 Matter of BRETT AND JANET KEHL Decision Rendered October 26, 1988 5. Article III, Section 100-32 of the Zoning Code permits accessory structures for storage and garage purposes accessory and incidental to the residential use of the premises, in the rearyard only, and at a maximum height of 18 feet. 6. Under the prior Appeal (No. 3641) rendered June 18, 1987, a variance was granted for the structure, as built, with conditions and in accordance with plans as filed under Building Permit #15142Z at a total height from ground level to the top of the roof 26 feet, and 25'2" from the top of the roof to the top of the foundation. 7. The Appellants have assured this Board that in no event will the premises ever be used by more than one single-family dwelling unit, and only one kitchen will exist at any one time. 8. In considering this appeal, the Board finds and determines: (a) the relief requested is minimal and is not unreasonable, under the circumstances; (b) the difficulties claimed are sufficient to warrant the conditional grant of this variance; (c) there is no other method feasible for appellants to pursue other than a variance; (d) the circumstances are unique to the property and are not personal in nature; (e) the granting of the relief, as conditionally noted, is within the spirit and intent of the zoning code; (f) in view of the manner in which the difficulties arose, and in view of all the above factors, the interests of justice will be served by granting the relief requested, and as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested under Appeal No. 3778 in the Matter of BRETT AND JANET KEHL for permission to relocate kitchen from the existing structure into the new rear construction, during the reconstruction of the subject accessory building into a new principal dwelling structure, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Proper permits are issued for the construction (or reconstruction) of a single-family dwelling (in accordance with : P~ge 4 - Appeal No. 3778 Matter of BRETT AND JANET KEHL Decision Rendered October 26, 1988 2. This variance is granted for a period of 18 months from the date of issuance of the Building Permit referred above, and will be allowed one extension at the discretion of the Board of Appeals; 3. The existing kitchen facilities must be removed from the existing structure; in no event will more than one kitchen area be permitted upon the entire site at one time; 4. Upon the application for a Certificate of Occupancy for this construction (or reconstruction), a Certificate of Occupancy may be issued and shall state only "single-family dwelling use" (not to be a second dwelling use); and the Certificate of Nonconforming Premises 9Z13913 issued October 9, 1985 shall no longer be in full force or effect. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent were Members Sawicki and Doyen, due to serious family illness.) This resolution was duly adopted. lk CHAIRMAN RECEIVED AND FILED BY] THE SOUTi-ICLD TOWN CI.ERI( DATE ///'~/%~ HOUR I/ ~,~ Town Clerk~ Town of ~ ~ Sout~old Page 2 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 20 percent), at premises known as 780 Ha!~waters 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 e~isting dwelling with a reduction in the total sideyards, at prem£ses 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 frg~m~__~g~.~xisting bulkhead along Peconic Bay, at premises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. 7:55 p.m. Appl. No. 3755SE - TIMOTHY COFFEY AND THE COVE AT SOUTHOLDr INC. Special Exception to the Zoning Ordinance, Article III, Section 100-30C, 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 of Main Road, $outhold, 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 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 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. JOHN T. BEEBE - Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of two propDsed 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 100-30BIt6) 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 MARKOPOULOS 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; 1000-99-1-24. 8:40 p.m. Appl. GRISTINA VINEYARDS). County Tax Map Parcel No. No. 3769SE - CUTCHOGUE FARMS LTD. (a/k/~ Special Exception to the Zoning Ordinance, Article III, Section 100-30B for permission to establish Winery, at premises located along the north sidD 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, Block 3, Lot 3.5, along Private Road, Fishers Island, NY. 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, 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 construct addition to existing building, (maintaining the westerly yard setback).for use partly for sales auto parts, 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 100-30B(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 Tow~ 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 For more information, will not start before the time allotted. please call 765-1809. Dated: Septenf0er 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GEtLARD P. GOEHRINGER, CF~AItLNLAN 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. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .... .~. . .~,~/~. .,. .~.: .y;. , . . ~, z ~. 7/ PLEASE TAKE NOTICE that your application dated.. ?..//./. ~ ................ 19. ~.~ ,~ocat~onof~o~.~ ~~ ......... ~~~~ ' ~ ....... ~~~ Subdivision ................. Filed Map No ................. Lot No ........ ' .......... ,s ~.tu~ ~e~ ~n~ ~,~a~o~ o~ ~ ~o,,ow~ ~oun~ .~~ ,~~.. ~..,~,. :~.,. :..."m~ ~ .~.~,:~:..~ ~..~:....~ ........... ~.~.~..:~~.. ~..~~:....~ .... RV 1/80 31988 TOWN OF $OUTI'IOLD, NEW YORK APPEAL F~R~M~D~C~I~ OF BUILDING INSPECTOR APPEAL NO. D^TE .......... TO THE ZONING BOARD OF APPEALS, '[OWN OF SOUTHOLD, N. Y. ......................... [ ........................ ~..'T' ........... I~l;~e of Appellcm~' Street and Number ............................ .,~,,.O.~..~....~.,9....L-.,~.~... .................................... !.~,'..~,,,,¥.!., ,,Y.q,~,.~..HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... ( ) ( ) WHEREBY THE BUILDING INSPECTORDENIED TO ................ ................ Street and Number' Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY I. LOCATION OF THE PROPERTY~5°° lY/,~IN .~..~..~Vi~-~l ...~...~,..~g.R..~2..~..~........~...~.~'.,.~..~,..T.!~..~.. .......... ~re~'~' '7~'~¥~'~ '~' O~e District ~n' Zoning Map D~str~ct 1000 SectionT~ BlockO~Lot 3~ c ..... · ................................................................................... ...:.~ ~ner ~E~ ~ ~,~ ~ Map No. l~O Lot No, ~2 Prior Owner ,~ %~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do nat quote the Ordi.nanee.) Article ']~ Section 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 6~ Cons. Laws Art. ! 6 Sec. 280A Subsection 3 4. PREVIOUS APPEL ~ previous oppeol (h~s) (hes not) been made with respect to this decision of the ~uilding Inspector or with respect to this proper~y. ~uch Gppe~l wos ( ) request ~or o speciol permit ( ) request ~or o vorionce and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance ,to the Zoning Ordinance is re uested for the reason that Ak-'Tr~/~ ~r_'~Ev~t ~o~ Z~I R mo¢~ ~ ~ ' (CoQtinue on other Loc k Co .5. REASON FOR APPEAL Continued 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difflcuJt~s ot sary HARDSHIp because Z~ <~.bel~. ~'c~ ~ ~ ~ all p~operti~s aiik~ '~n thi,' imm&dia]e 2 The hardship created is UNIQUE and is not shared by vicinity of this property and in this use district becouse [T-¢~ -?J~, i~ VD~N~ i~ /- 3 The Variance would observe the spirit of the Ordinance and WOULD _NOT CHARACTER OF THE DISTRICT because 3t4~ ,ff~r~/~ C.~ '~ . STATE OF NEW YbRK ) ' I% : ...... ..................................... Signature Sworn to this ........... o'~,~' ........................ day of.,..~...¢.'~,~..~....~...b¢.Jf. ...................... OWNER · FORMER OWNER IMP. TOW~ OF 50UT~OLD STREET VL, TOTAL LOT DATE RE~RKS AGE NOR NEW MAL FARM Acre Tillable Woodland Meadowland House Plot Tot~ BUILDING CONDITI ON BELOW ABOVE Value Per Value Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK COLOR Ix4. Bid3. Extension Extension Extens Porch Breezeway Patio O.B. Total ~3asement ~t. Walls Fire Place · ype Roof ~egreat~on Room ~ati~ / Dinette Floors J p/:,/~- K. Interior Finish ~¢,u~ L~p LR. Heat Rooms 1st Floor Rooms 2nd Floor Driveway IDR. FIN. B ~&P. OF PF?OPE?TY 5'U~VE',(E D DP_E-I-T AT BAYVtEV,/ TOWN OF' 5OUTHOLO ,: C' ;? :; 2.i38.84~ ~ CUIZV~. "---- AT ~[-:Y cr~E,~i4 LA. Iq,E: HO. B,51'00 E. I?.OAD 123-14 / / / / TOWN OF SOUTHOLD ZONING BOARD OF APPEALS REGULAR HEARING OF THURSDAY, OCTOBER 6, 1988 Appl. No.: 3778 Applicant(s): BRETT AND JANET KEHL Location of Property: 5500 Main Bayview Road, Tax Map ID No.: 1000- Southold 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 survey dated June 12, 1987 by Roderick VanTuyl, P.C. And in that survey we have a two-story framed house. And by the nature of this application as mentioned in the legal notice, we had allowed the Kehls to construct a two story garage of a rather large structure somewhat northwest of this particular dwelling. And in the nature of this application, they a~e requesting that we amend specific restrictions that we have placed on that. Would you like to be heard Mr. Kehl? MR. KEHL: No. I think it's well stated in the application. CHAIRMAN GOEHRINGER: I just want to ask you, from the time that I met with you in the office, what is the approximate time limit of the actual construction of the house? MR. KEHL: Well if everything worked out financially, hopefully start this summer. CHAIRMAN GOEHRINGER: So right now you'd be taking the kitchen off the rear part of the dwelling or taking the kitchen out of the rear part of the dwelling, placing that into the second story of the garage. Would you be utilizing the dwelling at all? MR. KEHL: Basically no. CHAIRMA~N GOEHRINGER: So you're basically going to move into the garage? MR. KEHL: Yes. ~'Page 2 - Thursday, October~ 1988 ~ublic Hearing - BRETT AND~NET KEHL Southold Zoning Board of Appeals CHAIRMAN GOEHRINGER: How much of the building do you have to take down to start the construction of the house that you want to add on to the garage? MR. KEHL: Just the kitchen. Well, that's the kitchen and underneath the kitchen is only the basement which contains the furnace, electric panel and water pump. CHAI~4AN GOEHRINGER: Do you think you'll dispose of the house, the existing two-story house when you actually start the construction? MR. KEHL: No. I'll have the other house up prior to the demolition of the other one in order to make the bank happy with the mortgage. CHAI~4AN GOEHRINGER: Ok. I see. That's the purpose of it. We thank you. Is there anybody else who would like to speak in favor of this application? Anybody against the application? Questions from Board members? Hearing no further questions, I'll make a motion closing hearing reserving decision until later. Ail in favor - AYE. ~.5~ COL. T ',,,, APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. RCD?_~T J. DC~CLAr.,5 JOSEPH H, SAWICKI Southold Town Board of Appeals MAIN RI-lAD- STATE RnAD 25 SnUTHI3LD, L.I., N.Y. TELEPHONE (516) 765-1809 September 14, 1988 Mr. & Mrs. Brett Kehl 5500 Main Bayview Road Southold, NY 11971 Re: Appeal No. 3778 Dear Mr. & Mrs. Kehl: This letter will acknowledge receipt of your recent application before the Board of Appeals. The Board members will be conducting inspections and reviews in accordance with State and local laws prior to advertising this matter for a public hearing. In the interim please furnish us with proposed covenants which you have agreed to include as part of the file, indicating the nature of the removal of the existing house and construction of the rear building which is to be converted into the principal dwelling on this property. · Upon receipt of the above, we would expect that the hearing will be held on October 6, 1988. A copy of the legal notice as published in the Long Island Traveler-Watchman and Suffolk Times will be sent to you as confirmation following a resolution adopted by the Board. Please feel free to call at any time if you have any questions. tr Ver~v truly .yo/u~s,>~ ./ GERARD p. GOEHRINGER CHAIRMAN Southold Town Board of Appeals N1AIN RnAD- -~TATE RnAD 25 BnUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS October 6, 1988 GERARD P. GOEHRINGER, CHAIRMAN S . E . Q . R . A . CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIR©NMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significanc~ APPEAL NO.: 3778 PROJECT NAME: BRETT AND JANET KEHL This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold.' This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that'this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION: Variance and request to remove Conditions under Appeal No. 3641 rendered 6/18/87, to allow conversion of subject building for living ~rea in proposed reconstruction plan of dwelling LOCATION OF PROJECT: Town of Southold, County of. Suffolk, more particularly known as: 5500 Main Bayview Road, Southold, NY 78-4-32 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) This is an application concerning use of premises and is not directly related to new construction. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town }[all, 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 NCo~TICE ~F HEARINGS NO---"~"f~CE 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 WN BOARD OF APPEAL at a Regular Meeting at the Southold 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 111, 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-- [RANK AND SANDRA CUR- RAN for a Variance to the Zon- ing Ordinance, Article III, Sec- tion 100-31 for construction of a pool with deck and fence en- closure with an insufficient froutyard 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-- JOHN J. JESSUP for a Vari- ance 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, Cutch- ogue, NY; County Tax Map Par- cel No. 1000-110-7-15. 7:50 p.m. Appl. No. 3759-- TONY SCARMAi9, JN(7. for a Variance to the Zoning Ordi- nance, Article Xl, Section 100-119.2 for approval of gazebo. structure with an insufficient't setback from an existing bulk-~ head along Peconic Bay, at pre- mises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax 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 II1, 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). JR. Variance to the Zoning Ordinance, Article 111, 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 Ill, Section 100-3011, subsection 15. Location of Pro- perty: 480 Grisson Lane, Southold, NY; County Tax Map Pamel No. I000-78-1-10.3. Appl. No. 3761-V--Variance to the Zoning Ordinance, Arii- cie 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 Ill, 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 · i~ along Beebe Drive, Cut~hOgue, r ,: NY; County.-Tax'Map Parcel bio. 1000q03-3-part of Lot 5. 8:20 p.m. ROBERT AND DI- ANNA BAKER. Special Excep- tion to the Zoning Ordinance, Article 111, 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 I11, Section 100-31 and prior Appeal No. 3623 rendered May 11, 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--CUTCHOGUF D. / a RI- ~. Special Exception to the Zoning Ordi- nance, Article Ill, Section 100-30B for permission to estab- lish 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 111, 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 3 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 ASSOCIATF,q Special Exception to the Zoning Code, Article VII, Section 100-70B for permission to con- ~ struct addition to existingql building, (maintaining the west- · I eriy yard setback) for t~se part- ly for sales of auto parts, 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 Ill, 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) O COUN'O~FSUFFOLK 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, bas been published in said Long Island Travel -Watchman once each week for ..................... ~ . weeks successively, commencing on the ........... .~.?. ~ ..... Sworn to before me this c:,~c) ~ ......... day of .... ~~. ..... ~ 9. Pg k^ ~:i'1 W. NOTARy PUBLIC, State o~ New York Main Road, Southold, NY; ~, south side ol ~ouna meacn ,egal Notices NOTICE OF HEARINGS NOTICE IS H~-EBY'GIVEN, ~unuant to Sec~ 2~ 67 ~ ~e To~ ~w ~d ~e ~e of ~e To~ of ,c hdd by ~e~ ~ at a R~g~r H~SDAY. ~B~ 6, 7:3~ p.m. A~I. No` 3765 ~ ew dw~g ~ ~ a ~u~ ~ of ~y: ~ht~-wsy ~ S~fo~ ~nty T~ M~s ss ~-14. ' 71~ p.m. Appl. No. 3768 -- ~ ~ SA~ C~RAN · v~mg~ (over 20 ~rc~t}, at ~ P~ No. 1~111~1~16. 7:45 p.m. A~I. No. 3763 ~ ~ f~ a Vafim~ ~ ldifion at ~e ~smdy Si~ of ~e ~ ~st Road, Cutcbogue, NY; ~ty T~ Map Panel No. 1~- 7:50 p.m. AppL No. 8759 ~ 3NY SCARMATO. ~¢, for a emi Exception lc Zoning Ordi- nance, A~clc l~lg~g.100-30C. for patmisfioa to~get uff-preal~ sign. Location of Property: S~ 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 -~ THEODORE KUDLINSKL Variance to the Zoning Ordinance, Article ITl, Section 100-31 for per- mission to construct open deck eddi- tion with an insufficient rea~yard set- back from existing dwelling, at premises known ns 605 Highwood Road, "Highwood at Bayview" Subdivision Lot No. 8, Sonshold, NY; County Tax Map Parcel No. 1000-78-9-50, 8.'05 pm, Appl. No. 3760SE -- Special Exception to the Zoning Ordinance for permission to establish Accessmy Apartment in an existing dwelling structure in accordance with the m- quirementa of Article 111, Section 100-30B, subsection 15. Location Property: 480 Orissom Lane~ Southold, NY; County Tax Map. Pa~-el No. 1000-78-1-10.3. Al:pl. No. 3761-V -- yariance to the Zoning Ordinance, Article Section 100-30B(15){M} to allow ce~versinn of dwelling for Accessory Apartment with Certificate of Occu- pancy dated after $anumy 1, 1984, al= though Affidavit of Building Inspector indicates dwelling met the quirement~ for a Certificate of Occu- pancy had application been made in a ~ timely fashion. Location e~ Property: 480 Orissom Lane, Southold, NY; County Tax Map Parcel No. I000- 78-O1-10.3. 8115 p,m. $OffN T. BEER~ -- Variances to the Zoning Ordinance, Article 1H, Section 100-31 for ap- proval of insufficient ama and width of two prolx~ed parcels in this pro- Ix~ed set-off division of land, located along Beebo D~ve, Cutchogue, NY; lriance to the Zoning Ordinance, County Tax Map Parcel No. 1000- 'tiele XI, sectlo~ 100-ll9,2forap- ~ 103-3-partofLotS. oval of gazebo structure wish an 8:20 p.m. ~ ~ufficient setback from xn existing ANNA BAKER. Special Exo~Imon t6 dkheed along Peconic Bay, at crimes known as 235 Huckelbeny dl Road, East Marion, NY; County ~x Map Parcel No, 1000-31-16-9. 7:55 p.m. Appl. No. 3755SE .- MOTHY COFFEY AND THE )VE AT SOUTHOLD. I~C. Spe- thc Zoning Ordinance. Article III, Section 100-30B(16) for pennission to estabUsh Bed and Breakfast estab- lishment in an existing dwelling, at premises known as 2900 Boisseau Avenue. Southold, N'Y; County Tax Map Parcel No, 1000-55-6-9. 8:30 p.m. AppL No. 3779 TER AND DESPINA MA~ Q.P-Q_.I.~ for a Variance to the Zoning Ordinance, Article I~. Seetin~ } 100-31 and prior Appeal No. 3623 I ~1 rendered May 11. 1987 for approval :of smJctor~s) with raduoad sideyards, at premises known as Lot #16, Captain Kidd Estates. along south side of Sound Beach Dri.e, ,nCento otMattituek, ln ~at~itock. ~y: Con~ty Tax ~ap[l~ m~orn~ sn~s that ha/aho Is Principal Parcel No. 1000-99-1-24: 8:~0 p.m. A~I. NO. 3769SE--~I.K Tlkl[$, a Woakl¥ NawspBper, C~CnOC. VE ~^RMS LTD. a,~n k In tho Town o! $0uthold, ~ount~ GRISTINA VINEYARD~), Special ~,~aon to th, zoo,80~di,tance. ~W York, and that th~ NoUee o! which ~iele m, S~i~ 100-~0~ fo~pa~- ~ eo~, has b~n r~ula~ puhlishnd in mission to establish Winery. at premi~esJ~tedalongtl~no~side le each week for 1 weeks of ~he Main Road, Cutchogue, NY; inolng on tho 2 9 day of County Tax Map Parcal No. 1000- g:50 p.m. Appl. No. :~764 -- I).I~R$_OAHRIE~ for Variances to the 100-31 and Article XI, Section 100- 119.1 for pannission to erect umin~ /.,-'~cou~ with lO-ft, high feaxcin8, and gazebo stmctore in an a~a other than Principal Clork identified on the Suffolk County Tax Maps as District I000, Section 3, Fishers Island, NY. 2 I f8:55p.m, AppL No. 3778 Article ~ Section 100-32 and m- NOTARY PUBUC, State ot New York Suffolk County No moral of Cooditions rendered under ~ r~rm E×0,res Appeal No, 3641 un June 18, 1987 in order to allow conversion of thc subject building as liwble area in proposed recopstruction plan of dwelling, at premises known as 3500 Main Bayvinw Ro~d, Southold, NY; County Tax Map Parcel ID No. IO(X)-784-3Z 9:05 p.m. AppL No. 3774SE --H & S ASSOCIATES Special Ex- ceptiofi to the Zoning Code, Article ~ V]~ Section 100-70B forpannlssion ?d building, (maintaining the westerly yard setback) for use partly for sales of auto psrts.-added storage, and en- gine-rebuilding shop. at premises lo- cated along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No~'1000-102-2-24. 9115 p.m. Appl. No. 3776 -- HOWARD AND MARGARET BRODIS, Special Exception to the mitred prior to the conclusion of {he Zoning Ordinance, Aninle III, Section subject hearing. Each heating will not 100-30B(I 5) for permission to estab- start b~fom the time allotted. For lish Aceessor~ Apartment th a pro- more information, please call 765- posed addition to existing dwelling, at 1 ~09. preq~ae~ kno~n as 435 Eastward Ct., Dated: September 16, 1988. Matdtuck, NY; County Tax Map BYORDEROF Parcel No. 1000-115-7-9. THE SOLrrHOLD TOWN The Board of Appeals will at said BOARD OF APPEALS time and place hear any and all per- GERARD P. GOEBRINGER, heard in each of the above mattem By Linde K-owalski Written comments may ai~o be sub- 6071-1TS29 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON)S, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 5OUTHOLD, 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. 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. Yours very truly, GERARD P. GOEHRINGER lk CHAIRMAN 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, Richard F. Lark, Esq. as Attorney for Cutchogue Farms Ltd. Main Road, Box 973, Cutchogue, NY NY~1951 11935 J. Kevin McLaughlin, Esq. as Attorney for Petrol Stations Re: Cutchogue Farms Ltd. 828 Front Street, Box 803 Greenport, NY 11944 Mr. Allan P. Shope as Architect for Denis O'Brien 18 West Putnam Avenue Greenwich, CT 06830 /~r. 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, Traveler Street Southold, NY 11971 Inc. 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) JUDITH T. TERRY To: F rom: Dated: Transmitted herewith is Zoning Appeal No. Brett & Janet Kehl OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD $outhold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk September 2, 1988 3778 Town Hall, 53095 Main Road P.O. Box 1179 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 TOWN OF SOUTHOLD, NLJ~V YORK APPEAL FROM DECISION OF BUILDING INSPECTOR ^PPEAL '/il TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,. ................................................... ....... Name of Appellant Street and NumJ~r ............................ ..~...?,.?,.?...~...O,...L..L~.. .................................... ..~..~..V'.!....Y..O.~..K,..HEREBY APPEAL TO Municipality 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 Name of Applicant Jo;"'~;~';~i~ ................ Street and Number' / Municipality Stole PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY55c~ /V/bIN .~.~.'(t/IF-~,J ...~. ,~t~..~.~ .................... ~'r~'~' ')¥ii'~h'~'i~")"'"O~'"~ii~;j~i' Mop No. IOOo Lot No. ~. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section end Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance,) Article ~ Section IO0-JZ(t~") 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4, P~E~iOUS APPEAL A previous oppeol (hos) (hos not) been mode with respect to this ~cision of t~e Building Inspector or with respect to this property, Such oppeol wos ( ) request for o specioJ permit ( ) request for o vorionce ond wos mode in ~ppeol ~o ................................. Doted ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 A Variance .to the Zoning Ordinance ) Alko~ r~ '~a Ab~ To oil ~vE~ C0~0¢~- 'l'k;s ;'r&vervl~. -to The otb %-~Att-Tol~t ~:V~ 'T~ot~k '3'~,z .ST~.~c'tu?,~ N~e..T$ Alt ~--F#I~ MMl~ Loc.\ C*~eS. REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or Uhne~es- 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 E'~_~J ~lno~ 1~ ¥~.,P~I~r.~ {-% 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because '~ ,~/f~r~ c:l~ '~ &Tl'hr. lilF.~ STATE OF NEW YbRK ) /'3 ~//~ ' New York BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (l~'ianc-"'~) (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: =.~'bo /~l~J ~,=~,~,v~-w .i~¥~ ~.eT~o~j J~-w,'¥or-k. ) ~ %~r~ ~ 3, Thai the properl,~ which is the subiect of such Petition is located in the following zoning district: 4. lhat by such Petition, the undersigned will request the following relief: S. 1hat the provisions of ~he Southold Town Zonin~ Code applicable to the relief sousht by the under- signed are ~ticle ~ ~c~ [ ] Section ~80-R, Ne~ York Town Law for approval of access ove~ righ~(s)-of-way. 6. Thai 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) T~5-[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. Petitioner Owners ' Name s :. 'B~mTF Post Office Address Tel. No. [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTI~:F ATTACH CERTIFIED MAIL RECEIPTS STATE OF NEW YORK ) COUNTY OF SUFFOLK) ~lr-W ¥~K IIqTI , being duly sworn, deposes and says/that On the , ,, day of ,19 . deponent mailed a true copy of the Notice set forth on there. 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 $outhold; that said Notices were mailed at the United States Post Of- rice at ; that said Notices were mailed to each of said persons by (certified) (regis{ered) mail. Sworn tO before me this. ~/ ~,~ Notary Public -~ ELIZABETH ANN NEVILLE Notary Public, State of New York No. 52-8126860, Suffolk Coup.W,- Term Expires O,..l~r 31, (This side does not property owners.) have to be completed on form transmitted to adjoining RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAiL (See Reverse) P 0 State and Z Fee P 933 163 175 RECEIPT FOR CERTIFIED MAIL (See Reverse) Street nd NO Fee F P 933 163 172 RECEIPT FOR CERTIFIED MAIL (See Reverse) ReS[rlCted Delivery Fee P 9 3~H~I117 4 RECEIPT FOR CERTIFIED MAIL (See ,%vers~) Street and N.~_~g~ P O State and ZIP Code Postage P 93'3-'-~6J~.~ 173 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNAI~ONAL MAlt (See Reverse) Stre t and NO PO Sae~dZ~PCode ¢. Postage Speoal Dehvery Fee Restricted Delivery Fee Return Receipt showing to whom and vered Return om. Date ' r ~ ~1~ 2/87~--Text 12 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only T I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR SOR t 2. PROJECT NAME 3. PROJEOT LOCATION: Mu~lell)mlty ~ ~O~J'1' H OI. ~ County ~tJ 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) t~cl-71 5. IS PROROSED ACTION: New C~ Exoanslon [] M ocli flcat ionlalteratton 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially ~' ~:~ acres Ultimately · (~ acres E. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~Ye$ [] No If NO, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? , [~ nes~dgnf~al [] Induet,l.I :,Fi Commercial [] AOriculture [] ParkJForest/Op.n space [] OIher Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY {FEDERAL, STATE OR LOCAL)? ' [~No If yes. list agency(s) and permitlapprova~s il. 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. AB A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIRCARQN? DYes ~'No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE 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 onreverse sade)' ' 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 INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that &dditional 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. (¢) If all questions have been answered ND it is likely that the ~oject is not significant. (d) ~nvtronmental 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 ~/No 3. Will project alter or have a large effect on a~ existing body of water? Yes ~No 4. Will project have a potentially large, impact on groundwater quality? Yes 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 vi%ws 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 paleontologiua~ importance or any site designated as a critical envircnmental area by a local agency? __Yes ~No 10. will project have a major effect on existing or future recreational opportunities? ~Yes ~No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes ~/No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes ~No 13. Will project have any impact on public health or safety? . Yes ~No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes ~No period or have a major negative effect on the ~ charact~ of the conumunity or neighborhood? 15. Is there public controversy COncerning the project? Yes ~NO OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HiLL SOUTIiOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFY that the Land f~! Building(s) Pre C.O. #- Z13913 Date-~ct. 9t1985 located at__ 5130 Main Bayview Rd. Southold Street Hamlet shown on County tax nu~p as District 1000, Section 078 · Block 04 Lot 032 · does~not)conform to the present Building Zone Code of the Town of Southold for the following reasons: Insufficient set-back on accessory Insufficient total area. structure ( chicken coop .) , On the basis of information presented to the Building Inspector,s Office, it has been determined that the above nonconforming /Z/Land /~ Building(s) /Z/use(s) ~xisted on the effective date the present Building ZonTCode of the ~%~f~"~" ~Town of Southold, and may be continued pursuant toand subject to the appli- ', cable provisions of said Code. IT IS FURTHER CERTIFiED that, based upon information presented to the Building Inspector,s' Office, the occupancy and use for which this Certifi- cate is issued is as follows~ Property cgntains a two stor¥~ one ~ith an attached .orch. p . · .an accessory work_s~...~ro..?ft ~also. contains in the AUResidential_Aar]~.~ ..... o~ ~urage. Property situated a Town maintained Rd. - ..... ~ax one w~th access to M ' v'ew Rd. The Certificate is issued to SMITH~ PAUL of the aforesaid building. (owner~ Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO.... N/A NOTICE IS HEREBY GIVEN that the owner of the above premises NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with al~ applicable codes and ordin- ances, other than the_. Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- tions. .. Buudm.~ 'inspector FORM NO. 4 * " TOWN OF $OUTHOLD BUILDING DEPARTMENT Office of the Building Inspecto; Town Hall Southold, N.Y. Certificate Occupnncy No..Z. 15897 ............ Date . July I Ig87 Tills CERTIFIES that tile building Acce s s.o r.y ............ Location of P 5500 HAIN BAYVIEN ROAD SOUTHOLD '' .............. roperty .............. House No. ' ..... · County Tax Map No. 1000 Section 0 78 StrUt' ............................ H~mlet ~i~ ' ' ........... Block .0.4 · ~ .., 032 ...... '" ' · ..... Flied Map No.' . . 1,,, ~,,, conforms substantially to the Application for Building Permit heretofore filed in this office dated .... July 23., 986 ............. pursuant to which Building Permit No. 15 ly 28 daled .. Ju , 1986 .................... was ~ssued, and conforms to all of the requirements ppis ' yfo ' of tile a cable provisions of the law. The occupant r which this certificate is issued is ......... ... Accenso.ry sarape as applied for The certificate is issued to BRETT & JANET .KEIIL of the aforesaid building. (owner,~l~oTr~X Suffolk County Department of Ilealth Approval N/A UNUI'~RWRITERS CERTIFICATE NO N../.~ PI. UHBERS CERTIFICATION DATED: Z.B.A. appeal '#3661 Non-habitable 1/81 N/A Braiding Inspector, QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~TIt YOUR APPLICATION FO~,I$ TO TiIE BOARD OF APPEALS Please complete, sign and return t~k the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to[depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Yes ~ b)Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? ~ ~_~ ~, ~ ~ No 4. Are there any existing or proposed fences, c~ncrete ~ barriers, decks, etc? Yes If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes ~6) Be If project is proposed for principal building or structure, is total height at more than 35 feet above average ground--l-~l? 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 Q Yes ~ Yes~ 9. 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 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) 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 Yes Yes YeS Yes Yes Yes Yes ~ Ye, 13. Please list present use or operations conducted upon the subject property at this t~me ~--~ and pr?posed ~ ~i~ k,~ ~ Please submit photographs ~or the r~cord. I certify that the above statements are true and are being submitted for reliance_by the ~oard of Appeals in c~nsider%ng my application. Signature ~perty Owner) (Authoriz~d~ent) 1/88 WETLANDs [Amended 8-2fl-7(; hy L.L. No. ~-1976; 3-26- 85 by L.L. No. 6-19(q5]~ A. TIDAL WETLANDS: (1) All lands generally corm-ed or intcrnfit~.,ntly cov- ered with, or which bord.r on. tidal waters, or lands lying beneath tidal waters, which at mcan Iow tide are covered ~)y tidal waters to a max~rnunl depth of five (5) feet. including but not limited to banks. bogs, salt marsh, swam I~s. meadows, flats or Other Iow lying lands subject to tidal actmn: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall eordgrass, high bush. cattails, groundsel, marshmallow and Iow niarch cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection Al,.) and lying' within seven. ty-five (75) feet lamlward of the most landward edge of such a tidal wetland. FRESIIWATER WETLANI)S: (1) Freshwater wetlands" as defined in Article24 tlc 1. § 24-0107, ubdivmmns l(a) to l(d) inelusivO? of the Environmental Conservation Law of ~he Stats: of New York: and · (2) All land immediately adjacent to a "freshw tter wet- land." as defined in Subsee'tion BI1) and lying with- in seventy-five (75) feet landward of the most land ward edge of a "fresh,rater wetland." 9705 TOWN OF SOUTNOLD RD Southold, N.Y. 11971 (516) 765-1938 07/11/88 NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR part 617, Section 617, Section 617.10 and chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board, as lead agency for the Unlisted action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The.Lot Line changg, of Brett and Janet Kehl is on Main Bayview at Southold. SCTM #1000-78-4-32. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Jill M. Thorp, Secretary Southold Town Planning Board, Main Road, Southold, NY 11971. Copies mailed to the following: Suffolk County Department of Health Services Suffolk county Planning Commission NYS Department of Environmental Conservation Supervisor Murphy Thomas C. Jorling, DEC Commissioner Judith Terry, Town Clerk Applicant Planning Board