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HomeMy WebLinkAbout3715 Southold Town Board of Appeals ACTION OF THE ZONING BOAR Appeal No. 3715 Application Dated February 26, 1988 Mr. Garrett A. Stran§, Architect as Agent for BERNARD KIERNAN Main Road, Box 1412 Southold, NY 11971 TO: MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.l., N.Y. 11971 [ §FECpEIVED ANB' I Tow. DATE Q/~/~(/ HOUR Town Clerk, Town of Southol~d__- At a Meeting of the Zoning Board of Appeals held on May 12, 1988, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article XI_, Section 100-ll9.2(B) [ ] Request for Application of BERNARD KIERNAN. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct additions to dwelling and accessory structure(s) within 75 feet of ordinary high- water mark along Southold Bay. Location of Property: 1605 North Parish Drive, Southold, NY; County Tax Map Parcel No. 1000-71-1-15. WHEREAS, a public hearing was held and concluded on April 14, 1988 in the Matter of the Application of BERNARD KIERNAN under Appl. No. 3715; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located on the north side of North Parish Drive with frontage (lot width) of 155.0 feet and total lot area of 29,760 sq. ft. 2. The subject premises is identified on the Suffolk County Tax Maps as District lO00, Section 71, Block l, Lot 15. 3. The premises is improved with a two-story, single- family dwelling with attached garage as more particularly depicted by town assessment records and Site Plan prepared by Garrett A. Strang, Architect dated February 3, 1988. 4. By this application, appellant requests a Variance from the Provisions of Article XI, Section 100-119.2(B) of the Zoning Code for permission to construct raised deck with landing addition at 40 feet, accessory gazebo at 35 feet, and secondary grade-level construction at not less than 37 feet, all at the nearest point from the highwater mark along Southold Bay [see Site Plan Drawing #SP-1 dated (CONTINUED ON PAGE TWO) DATED: May 12, 1988. CHAZRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 Appl. No. 3715 Matter of BERNARD KIERNAN Decision Rendered May 12, 1988 February 3, 1988, and Drawing A-1 dated March 8, 1988 for all dimensions, elevations, size and shape]. 5. Article XI, Section lO0-119.2(B) requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. 6. For the record, it is noted that the dwelling structure as exists is presently nonconforming with an insufficient setback at 64 feet from the ordinary highwater mark, and 50 feet from the existing bulkhead. 7. Also shown on the maps submitted hereunder are stairs and stairway landings proposed northerly of the deck additions which are deemed not within the purview of this Board and are subject to review and consideration by the Southold Town Trustees under Chapter 97 of the Code of the Town of Southold. 8. In considering this application, the Board finds and determines: (a) that the dwelling as exists has a nonconforming setback; (b) that the variance in relation to the existing nonconforming setbacks in the area is not substantial; (c) that there will not be an increase in population density by this variance and accordingly no undue burden on available governmental facilities; (d) the grant of this variance, as conditionally noted below, will not produce a substantial detriment to adjoining properties; (e) the practical difficulties are unique to the property and are not personal in nature; (f) there is no other method feasible for appellants to pursue other than a variance; (g) in view of the manner in which the diffi- culties arose and in consideration of all the above factors, the interests of justice will be served by allowing the variance, with the following conditions. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance under the Provisions of Article XI, Section lO0-119.2(B) of the Zoning Code in the Matter of Appeal No. 3715 - BERNARD KIERNAN for the construction of a main deck, deck landing, gazebo(and deck construction at grade level),SUBJECT TO THE FOLLOWING CONDITIONS: 1. No structures be located closer than 25 feet to the outer edge of existing bulkhead; 2. The deck landing (if raised) shall be not closer than 25 feet to the outer edge of existing bulkhead; 3. The decks and landings remain open, unroofed and unenclosed [as proposed]; 4. Any and all lighting shall be shielded to the property; 5. Ground area near and around piles for stairs must be replanted to aid in the prevention of erosion; 6. All structures shall be built in a manner as to prevent erosion. 7. Construction of stairs and stairway landings shall be built in accordance with Town Trustee and Building requirements, and vegetation shall not be adversely affected. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Doyen. (Absent was: Member Sawicki.) This resolution was duly adopted. GERARD P. G~EHRINGER, ~AIRMAN 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, New York, on THURSDAY, APRIL 14, 1988 at the follow- ing times: 7:30 p.m. Appl. No. 3719 - SOUTHOLD SAVINGS BANK. Variance to the Zoning Ordinance, Article VI, Section 100- 60(C)[2](a) for permission to erect an oh~premises building identification sign, the lower edge of which will be less than four feet above ground. Location of Property: 1400 Railroad (Youngs) Avenue, Southold, NY, County Tax Map Parcel N6s. 1000-60-2-10.4 (prev. 10.2 & 10.3). 7:35 p.m. Appl. No. 3716 ROBERT E. WALDRON, JR. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition at rear of existing dwelling which is less than 75 feet from the mean highwater mark along dredged canal at James Creek, Mattituck. Location of Property: 2980 Ole Jule Lane, Mattituck, NY; County Tax Map Parcel No. 1000-122-4-17. 7:40 p.m. Appl. No. 3575 - ROSA J. HODGSON. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the insufficient area and width of parcel to be set-off in this pending division of land. Location of Property: North Side of Pine Neck Road, Southold, NY; County Tax Map Parcel No. 1000-70-6-33. Containing 7.152 acres total. 7:50 p.m. Appl. No. 3707 - JOSEPH F. CITARDI. Variances to the Zoning Ordinance, Articles: (a) XI, Section 100-119.2 as to insufficient setback from bank or bluff along the Long Island Sound, and (b) III, Section 100-31, Bulk Schedule, as to insufficient frontyard setback from the front [southerly] property line along C.R. 48, in this proposal to construct new single-family dwelling. Location of Property: 56225 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-44-01-22. Page 2 Notice of Hearings Regular Meeting April 14, 1988 Southold Town Board of Appeals 8:05 p.m. Appl. No. 3709 - EDWARD A. HANUS. (Recessed from February 18, 1988 as agreed). Special Exception for approval of Accessory Apartment within existing dwelling in accordance with the requirements of Article III, Section 100-305(15). Location of Property: 635 Lupton Point Road, Mattituck, NY; County Tax Map Parcel No. 1000-115-11-3. i 8:15 p.m. Appl. No. 3715 - BERNAR~D ~ERNA~N. Variance the Zoning Ordinance, Article XI, Section 100-119.2 for mission to construct additions to dwelling and accessory ucture(s) within 75'feet of the ordinary highwater mark ng Southold Bay. Location of Property: 1605 North Parish ve, Southold, NY~ County Tax Map Parcel No. 1000-71-1-15. 8:20 p.m. Appl. No. 3722 - MANFRED KUERNER. Varianc~~-~ to the Zoning Ordinance, and Article III, Section garage an additional two under Appl. No. 3706 and area at rear of dwelling Article XI, Section 100-119.2 lO0-31, for permission to extend feet from that previously granted to construct additional living with reduction of nonconforming sideyard at the north and south sides, insufficient total sideyards, excessive lot coverage, and within 75 feet of bulkhead along highwater of "Old Cove" [a/k/a Arshamomaque Pond]. Location of Property: East Side of Carole Road, Southold, NY~ County Tax Map Parcel No. 1000-52-2-3. 8:30 p.m. Appl. No. 3687 JON C. KERBS. (Recessed from March 17, 1988). Interpretation and, if necessary, Variance under Article XI, Section 100-119.2 of the Zoning Code, for permission to locate building pursuant to DEC Permit #10-86-0092 and Trustees Wetland Permit #373. Location of Property: East Side of Narrow River Road, Orient; County Tax Map Parcel No. 1000-27-2-5. 8:45 p.m. TARTAN OIL CORP.: (a) Appl~ No. 3633 - Special Exception under Article VII, Section 100-70(B) of the Zoning Code for approval of the establishment of a partial self-service gasoline station; and (b) Appl. No. 3636 - Variance under Articles VI, Section 100-62(B), VII, Section 100-70(B) for an Interpreta- tion of "retail shopping center" and for permission to establish convenience store as an accessory to the existing gasoline-service station. Page 3 - Notice of Hearings Regular Meeting - April 14, 1988 Southold Town Board of Appeals Location of Property: South Side of Main Road, West Side of Marratooka Lane, and the East Side of Sunset Avenue, Matti- tuck, NY, 1000-115-3-9. Zone: "B~l" General Business. 8:50 p.m. Appl. No. 3703 JOHN AND EVELYN KEATING. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct new dwelling and garage with an insufficient setback from top of bluff or bank along the Long Island. Location of Property: 19995 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-04-006. 9:00 p.m. Appl. No. 3710 THE COVE AT SOUTHOLD, INC. (Continued from March 17, 1988). The Board of Appeals will hear at said time and place any and all representatives or persons desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted prior to the conclusion of the subject hearin9. For more information, please call 765-1809. Dated: April l, 1988. BY ORDER OF'THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary FORM NO, 3 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL · ....... PI,F. ASE TAKE NOTICE that your application dated . ~.~.~. Y ........... 19 V ~... l.ocation of Property . .I.~.~ ;... ~.~.~.%.~:...~~.~ ........ Houge No. Street lion;lot County Tax Map No. 1000 Section . .-. ~.~ } ...... Block ..... ~.~ ...... Lot . ,J~ ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~,.~.~.. ~,~,~ .).~.. 7//.9..· Building Inspector Tow. o, souT. o..,,, ..w YO.,C _APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~_~ ~7/~j TO THE ZONING BOARD OF APPEALS, TOWN OF ~XJTHOLD, N. Y. !, ~ 'Garrett A. Stran~,for Kiern~a~ Main Rd. P 0 Box 1412 Name of Appellant Street and Number SouthoJ. d New York ......................................................................................................................... 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 ( ) ( ) (X) Garrett A Strana Name of Applicant for permit of Ida±n Road P.O.Box 1412 Southold New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to Construct I. LOCATION OF THE PROPERTY North Parish Drive, Southold "A"-Reside Street /~mlet / U~e District on Zoning Map DisLrict 1000 Section 71 Block 1 Lot 15 , , ................................................................................. ~,urren[ 0 ner Bernard & Corole KJ. ernan Map No. Lot No. 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 not quote the Ordinance.) Article X! Section 100-11~.2B 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. ]6 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (l~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ................................. Doted ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that FOFm (Continue on other side) IIII I I IIIIr REASON FOR APPEAL Continued ~i~-'f ~ ~ ~.~ .~ 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficult es or unneces- sary HARDSHIP because It would prohibit the construction oF accessory structures in the rear yard as required by the zoning as well as prohibit construction of the stair to the beach and dock thereby disallowing Full use of the property. 2. The hardship created is UNIQUE and is not shored by oll properties alike in the immediate vicinity of this property and in this use district because The existing residence was constructed prior to the adoption of the applicable section of the code thus leaving no alternative but tobuiZd the acessory structures with less than the required setback. Please note the area o( proposed construction is at an elevation of dpproximately 20 feet above the high water mark. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The area is developed'with existing residences most of which ore less than the required distance From the high water mark and hove access to the beach. This property, as well as neighboring p operties have been landscaped to within a very close proximity of the high water mark. The proposed construction is limited by the exlstance oF the previously mentioned 20 foot elevation and would not encroach on any existing wetlands. STATE OF NEW YORK ) ) ss COUNTY OF Suffolk Signature Sworn to this ~ .............................................. day of ,~:.~-~ ............................................ 19~ / Notary Public B~."~AP~. A. STRANG NOTARY PtJBLl~, State ot New York No, 4730095 ~allfied In Suffolk C~ ,~ ~ ~i~ ~30,1~.~ l--Id' TOWN OF SOUTHOLD OWNER STREET VILLAGE ~- DIST. SUB. LOT . F~RMER OWNER ' ' AGE BUILDING CONDITION N~ NOeL BELOW ABOVE FA~ Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 W~land Swom~and, FRONTAGE ON WATER /~ ~ ~ ~ ~*~..- ~ Brushlo~ FRONTAGE ON ROAD ~ ~ ' House Plot DEPTH . . . .... M. Bldg. Extension ~ 3--0 Extension Extension Porch /~ ~// -= Porch Breezew~/ ~3roge Patio Total" COLOR TRIM Foundation Basement Ext. Walls Fire Place Type Roof Recreation Roor~ Dormer Driveway Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd FIoo~ inette DR. BR. FIN. B. NOD. TH Pi[r~l SH MArp TO',,,,': F PROPERTY ,/EYED Vvf~CAROLE' P AT JTF~OLD "D_Z ~g. DN ~ '- M'~UMENT LIFE TrTL~_ INS ~R;~N~(~.I~T" OF HEARINC SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, APRIL 14, 1988 Appl. No. 3715 Applicant(s): Bernard Location of Property: County Tax Map ID NO. Kiernan 1605 North Parish Drive, 1000- 7]-]-]5. Southold Board Members present: Chairman Goehringer P. Goehringer, Members: Doyen, Douglass, Grigonis and Sawicki. Also present were approximately 45 persons in the audience, and Linda Kowalski, Secretary of Zoning Board of Appeals. (Absent was: Mr. tessard, Building-Department Administrator.) The Chairman opened the hearing at 8:28 o'clock p.m. and read the legal notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a .survey produced by Roderick YanTuyl, P.C. indicating the existing two-story framed house with an attached garage and circular driveway. The most recent date on that survey is November 27, 1987. And I have a copy of a site plan in- dicating an extensive deck provided by a planting area along with an extensive stairwell to the beach produced by Garrett A. Strang, Architect. The most recent da%e is March 8, 1988. We have others in the file dated before this. 'This is the most recent one. And I have a copy of the Suffolk County Tax Map indicating this and sur- rounding ~roperties in the area. Would you like to be heard sir? MR. STRANG : The application and the need for the variance I think speaks for themselves. We have an existing building which I believe was constructed some time in the early t960's which was con- structed, obviously, relatively close to the top of the bluffs to take advantage of the vista that is afforded to that particular site. ~The present owner at this time, after having lived in the house for ~' ~lmost 10 years I guess at this point, would like to construct a deck t/ ~zright off the living room area of the house as well as he presently // has it shown on the survey, a platform on the one corner of the property. I guess it would be considered the northwesterly corner again, at the top of the bluff. He would like to enlarge upon that. Although, the platform that is there presently, is elevated somewhat. The proposed reconstruction of that platform and the enlargement of it would be a platform at grade and there would be landscaping around it and to it and there are some existing trees and landscaping there that we intend to work around and sculpture a platform around this. So it's a quiet little area and the property that's enclosed by the trees is protected by some of the winds except those that come di- rectly off the Bay and it's a place they would like to stay and have a quiet time. So 'they want to enlarge upon it a little bit from what is there presently. The present access to the bulkhead and subsequent to the beach is somewhat afforded by a natured form of terracing along the easterly side of the property and really isn't good access. It's Page 2 - Thursday, ~ril 14, 1988 Public Hearing - Bernard Kiernan Southold Zoning Board of Appeals MR. STRANG (continued): not a step persay. It's terraced and inclined and it doesn't really afford proper access to the beach. They'd like to fore- go that and install a more permanent type of a structure in the form of a series of steps and landings to provide a safe, decent access to the beach. Part of the application, although I'm not certain that this Board addresses, has to do with the dock and the access to a floating dock which would be in the Bay. The last item that is shown on the application I would refer to is a gazebo which they would like to place up there. Again, to have a place to sit and take advantage of the view. The size of the gazebo is approximately 9 foot. It's a small little gar- den structure. It's nothing the size or scale of what we see in the park here. CHAIRMAN GOEHRINGER: That is the only roofed structure. MR. STRANG : It is the only roofed structure, is the gazebo. The deck is approximately, it will project approximately 15 feet in total out from the building. Part of that 15 feet will be encompassed by a platform type of bench in back of the guardrail. So it will be maybe about 12~ feet of useable deck area. So it's not in projection out from the building but the deck runs nearly the full width of the house. I want to call your attention to the area that's depicted on the site plan that I provided. As a path- way maybe misleading, in that it's depicted as if it may be elevated which it isn't. And further conversations with the owner, the path- way is, in their respect, more desireable to be a landscaped feature. Possibly just flat on the steps like an existing lawn as opposed to a pavement type of arrangement. So the extent of the structure that we're really dealing with would be the deck, the landing connecting the deck to the stairs which will descend to the beach. There is a secondary intermediate platform which takes you from the deck down to grade. The gazebo and the other platform on the east side, I don't know if that will be considered a structure or not. It's flush with the grade. CHAIRMAN GOEHRINGER: The deck on the north side or the left hand side you're referring to? MR. STRANG : I'm talking the area .... I refer to it on my site plan as a proposed wood platform with grade. We have a rela- tively limited area to deal with between the house and the top of the bluff if the Board has visited the site. I'm sure they're fa- miliar with it. And obviously the deck, walking on that side of the house, there's no way to elleviate the 75 foot setback require- ments because the house itself is only about 64 feet back. CHAIRMAN GOEHRINGER: The only thing that reminds m{e of a similia£ ap- plication was, of course, a much higher cliff on the Sound which we had placed in the decision. If the Board so desires to grant this application, extensive finding that there would be no erosion caused by the stairway. And since you have told us that you're going to Page 3 - Thursday, ~il 14, 1988 Public Hearing - Be~ard Kiernan Southold Zoning Board of Appeals CHAIRMAN GOEHRINGER (continued): place plantings in that area anyway, we assume that's just a sup- portive covenant basically or restriction. MR. STRANG : We have no problem with that. The bluff, if you will, may be a misnomer in this case. It's an incline. It has been landscaped over the years and maintained with vegetation. It has shown absolutely no evidence of deterioration or erosion at all. CHAIRMAN GOEHRINGER: Ok. Thank you very much Mr. Strang. A very nice plan. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Questions from Board members? Hearing no further questions, I make a motion closing the hearing, reserving decision until later. Ail in favor - AYE. DEPARTMENT OF' PLANNING OCOUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN DIRECTOR OF PLANNING June 14, 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 Con~nission 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) Bernard Kiernan 3715 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRiGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: X× Variance from the Zoning Code, Article xI., Section 10.Q~.11~2(.~) Variance from Determination of Southdld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:3715 Applicant:Sernard Ki. erna~ Location of Affected Land: 1605 North Parish 9~i~e~ South~l~? County Tax Map Item No.: 1000-71~1~.15 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound o~ Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area 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 additions to dwellin~ and accessory structures' within 75 feet of ordinary' high~ warer mark Copies of Town file and related documenCs enclosed for your review. Dated: ~u~e 10, 1988 Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 BOUTHOLD, I_.1., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Mr. Garrett A. Main Road P.O. Box 1412 Southold, NY Strang, 11971 RoA, June 8, 1988 Re: Appl. No. 3715 - Bernard Kiernan (Variance) Dear Garrett: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board ~f Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to issuance of any permits be applicable. return to or other the Building Department for approvals in writing as may Please do not hesitate to call either our office (765-1809) or that of the Building Inspector. (765-1802) if you have any questions. Yours very truly, Enclosure Copy of Decision to: Building Department Town Trustees Clerk Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Commission FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 May 26, 1988 TELEPHONE (516) 765-1892 Mr. Garrett A. Strang Architect Main Road Box 1412 Southold, New York 11971 Re: Bernard & Carole Kiernan - 1000-071-01-15 Dear Mr. Strang: The following action was taken by the Board of Town Trustees during their regular meeting held on May 25, 1988 regarding the above matter. WHEREAS, Garrett A. Strang on behalf of Bernard & Carole Kiernan applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated February 8, 1988, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Tow~ respect to said application on May 25, 1988 at persons were given an opportunity to be heard, WHEREAS, the Board members have personally viz familiar with the premises in question and the su~ the Board has considered all the testimony and d( concerning this application, and WHEREAS, the Board has determined that the prc affect the health, safety and general welfare of ti NOW, THEREFORE, BE IT RESOLVED that Garrett A. Strang on behalf of B BE AND HEREBY IS GRANTED PERMISSION UNDt THE WETLAND ORDINANCE OF THE TOWN OF SC a catwalk from a bulkhead, across the beach to a a floating dock in a "T" configuration. Property Drive, Southold. This permit will expire two years from the date it not commenced by said date. There are two insp Garrett A. Strang for Bernard & Carole Kiernan - Page 2. Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. 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. Please return to the Building Dept. for a determination on the need of any other permits that may be required for this project. Kindly remit $10.00 for inspection fees that are due at this time. Very truly yours, FAK: ip ank A. ~Ku]awski, Jr. :President Board of To~n Trustees cc: Commissioner Thomas C. Jorling, D.E.C., Albany Robert A. Greene, D.E.C., Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management John Holzapfel, Chairman, Southold Town C.A.C. Victor Lessard, Admin., Building Dept. Planning Board Board of Appeals Town Clerk's Bulletin Board file Bernard and Carole Kiernan FRANK A. KUJA~/SKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 May 26, 1988 TELEPHONE (516) 765-1892 Mr. Garrett A. Strang Architect Main Road Box 1412 Southold, New York 11971 Re: Bernard & Carole Kiernan - 1000-071-01-15 Dear Mr. Strang: The following action was taken by the Board of Town Trustees during their regular meeting held on May 25, 1988 regarding the above matter. WHEREAS, Garrett A. Strang on behalf of Bernard & Carole Kiernan applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated February 8, 1988, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on May 25, 1988 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that Garrett A. Strang on behalf of Bernard & Carole Kiernan BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: construct a catwalk from a bulkhead, across the beach to a fixed dock leading to a floating dock in a "T" configuration. Property is located on North Parish Drive, Southold. This permit will expire two years from the date it is signed if work has not commenced by said date. There are two inspections required and the Garrett A. Strang for Bernard & Carole Kiernan - Page 2. Trustees are to be notified upon the completion of the work. Prior to the issuance o£ said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the per£ormance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. 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. Please return to the Building Dept. for a determination on the need of any other permits that may be required £or this project. Kindly remit $10.00 for inspection fees that are due at this time. FAK :ip Very truly yours, rank A. {/Ku]awski, Jr. -President Board of To,~n Trustees Commissioner Thomas C. Jorling, D.E.C., Albany Robert A. Greene, D.E.C., Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management John Holzap£el, Chairman, Southold Town C.A.C. Victor Lessard, Admin., Building Dept. Planning Board Board o£ Appeals Town Clerk's Bulletin Board file Bernard and Carole Kiernan TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, APRIL 14, 1988 Appl.-No. 3715 Applicant(s): BERNARD KIERNAN Location of Property: 1605 North Parish County Tax~ Map ID No. lO00- 71 z 1 15 Drive, Southold, NY Board-Members'present were: Chairman Goehringer P. Goehringer, Members Serge Doyen, Charles Grigonis, Robert J. Douglass and Joseph H. Sawicki. Absent was: Victor Lessard (Building Dept.). Also present were Linda Kowalski, Board Secretary, and 25 persons at the beginning of the meeting. The Chairman opened the hearing at 8:28 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a'copy of a survey produced by Roder~c~ VanTuyl, P.C. ~n~icating th~ existing .t~o-story frameo house with attacneo garage ano circular orlveway. The most recent date on that survey is November 27, 1987. I have a copy of a site plan indicating an extensive deck, gazebo and planting area along with an extensive stairwell to the beach produced by Garrett A. Strang, Architect--most recent date is March 8th, 1988. We have others in the file that are dated before this, the most recent one. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Would you like to be heard, sir? GARRETT A. STRANG, R.A.: Thank you. The application and need for the variance, I think, speak for themselves. We have an existing house which I believe was constructed sometime in the early 1960s. It was constructed obviously relatively close to the top of the bluff to take advantage of the vista that's afforded from that particular site and neighboring sites. The present owner at this time, after having lived in the house for almost lO years, I guess, at this point, would like to construct a deck right off the living room area of the house as well as-- he presently has it shown on the survey, a platform, on the one corner of the property I guess it would be considered the northwesterly corner--again at the top of the bluff. He would like to enlarge upon that, although the platform that is there presently is elevated somewhat--the proposed reconstruction of that platform and the enlargement would be a platform at grade, and it would be landscaping around it, too, and there are some existing trees and landscaping there that we intend to work around, a sculpture platform around this. Sort of a quiet little area in the property Page 2 - Transcript of Hearing Matter of BERNARD KIERNAN #3715 Board of Appeals April 14, 1988 MR. STRANG (continued): that's enclosed by the trees to protect it from some of the winds except those that come directly off the Bay, and it's a place where they like to sit and have a quiet time. So they want to enlarge upon it a little bit from what's there presently. The present access to the bulkhead and subse- quently to the beach is somewhat, is afforded by a makeshift form of terracing along the easterly side of the property, and it really isn't good access. It's not a step per se-- it's terraced and inclined and it doesn't really afford proper access to the beach. They'd like to forego that and install a more permanent type of a structure in the form of series of steps and landings to divide a safe, des- cent and ascent on the beach. Part of the application, although we're not certain if this Board addresses it has to do with the dock and the access to a floating dock, which would be in the Bay. The last item that's shown on the application is referred to as a gazebo, which they would like to place up there again to have a place to sit and take advantage of the view. The size of the gazebo is approximately 9' It's small. It's a small garden structure. It's nothing the size or scale of what we see developing at the park here on the corner (in Southold). CHAIRMAN: Can I just ask-- that is the only roofed structure? MR. STRANG: That is the only roofed structure. It's the gazebo. CHAIRMAN: Thank you. MR. STRANG: The deck is approximately--it will project approximately 15 feet total out from the building. Part of that 15 feet will be encompassed by a platform-type of bench to act as a guardrail, so it'll be about maybe 12½ feet of usable deck area. So it's not projection out from the building. Plus the deck runs nearly the full width of the house. I wanted to call to your attention the area that's depicted on the site plan that I provided as a pathway may be Page 3 - Transcript of Hearing Matter of BERNARD KIERNAN #3715 Board of Appeals April 14, 1988 MR. STRANG (continued): misleading in that it's depicted as if it may be elevated and which it isn't, and further conversations with the owner-- the pathway is their respect more desirable to be a land- scape feature--possibly display ( ) with the existing lawn as opposed to a -type of an arrangement. So the extent of the structures that we're really dealing with-- the deck, the landing from and connecting the deck to the stairs which would descent to the beach--there is a secondary intermediate platform which takes you from the deck down to grade, gazebo, and the other platform on the east side-- I don't know if that would be considered structure or not but it's to be at grade. CHAIRMAN: The deck on the north side or the-- are you referring to the lefthand side? MR. STRANG: I'm talking to you--yeah--the area I refer to on my site plan is the proposed wood platform at grade. Yes. CHAIRMAN: Ok. MR. STRANG: ~ We have a relatively limited area in which to deal with between the house and the top of the bluff if the Board has visited the site. CHAIRMAN: Yes. MR. STRANG: I'm sure they are familiar with it. Obviously the deck working on that side of the house--there's no way to alleviate the 75 ft. setback requirements since the house itself is only about 64 feet back from the highwater mark. CHAIRMAN: The only thing that reminds me of a similar appli- cation was, of course, a much higher cliff on the Sound, of which we had placed in the decision if the Board so desires to grant this application. Extensive findings that there be no erosion caused by the stairway, ok. And since you have told us that you are going to place plantings in that area anyway, we assume that's just a supportive covenant basically or restriction. Page 4 - Transcript of Hearing Matter of BERNARD KIERNAN #3715 Board of Appeals - April 14, 1988 MR. STRANG: We have no problem with that. The bluff, if you will, may be a misnomer in this case. It's an incline that has been landscaped over the years and maintained with vege- tation that has shown absolutely no evidence of deterioration or erosion at all. CHAIRMAN: I thank you very much, Mr. Strang. It's a very nice plan. Would anybody else like to speak in favor of this application? Anybody like to speak against the applica- tion? (No one) Questions from Board Members? (None) Hearing no further questions, I'll make a motion closing the hearing and reserving decision until later. MEMBERS SAWICKI AND GRIGONIS: Second. Vote of the Board: Ayes: All. Respectfully submitted, '[inda F. Kowalski, Secretary Southold Town Board of Appeals HENRY P. SMITH JOHN M. BREDEMEYER, III, President John Bednoski,~Jr. ALBERT KRUPSKI, JR., Vice-President TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 March 25, 1988 Mr. Garrett A. Strang Architect Main Road, P. O. Box 1412 Southold, New York 11971 Re: Mr. & Mrs. Bernard Kiernan Dear Mr. Strang: Pursuant to your request for a waiver of the Wetland Ordinance for the above referenced, please be advised that the Trustees have inspected the property on March 17, 1988. The Board has approved your request for a waiver for the construction of a deck, gazebo, and stairs landward of the bulkhead. The Board declared lead agency on the remainder of the application. Should you have any questions or concerns, please do not hesitate to contact this office at the telephone number listed above. Very truly yours, John M. Bredemeyer, III President Board of Town Trustees JMB:ip cc: Bldg. Dept. 10-88-0318 FACILITYIPROGRAM NUMBERIs) [--"~ Article 15, Title 3; 6NYCRR 327, 328. 329: Aquatic Poatloldas ~'-----~ Article 15, Title 5: Protection et Water [----~ Article 15, Title 15: Water Supply F'-'-] Article 15, Title 15: Wmr Transport ['~ ArUcla 15, Title 15: Long Island W~lls C-'] Article 15, Tltle 27: WIId,'Scenio and Recreational Rivers NEW YORK STATE DEPARTMENT OF ENVIRONMEN~ONSERVATIOH PERMIT Under the Environmmdal Consmvation Law [~-~ 6NYCRR 608: Water Quality Certification -- Article 17. Titles 7, 8: __ SPDES [--'---I Artlcle 19: Air Pollution Control* -- Article 23, Title 27: __ Mined Land Reclamation -- Article 24: __ Freshwater Wetlands N--New, R--Ronewal, M--Modification, C-Construct (*only), O-Operete (*only) pERMIT ISSUED TO Bernard & Carote Kiernan EFFECTIVE DATE 3/8/88 EXPIRATION DATE(s) 3/31/90 Article 25: Tidal Wetlands -- Article 27, Title 7; 6NYCRR 360: __ Solid W;mte Management* -- Article 27, Title 9; 6NYCRR 373: __ Hazardous Waste Management -- Article ~4.: __ Coastal Erosion Management -- Article 36: __ Floodplain Management -- Articles 1, 3, 17, 18, 2?, 37; __ 6NYCRR 380: Redlation Control ADDRESS OF PERMITTEE 25 Wallace Dr.t Plainview, NY 11803 AGENT FOR ~RMITTEE~ONTACT PERSON [ TELEPHONE NUMBER Oarrett A. ScranN, P.O. Box 1412~ Main Rd., $ouChold, NY 11971 NAME AND ADDRESS OF PROJECT~ACILITY (If d~rwnt from pm~nit~) North Parish LOCATION OF PROIECTIFACIUT' ICOUNTY I TOWN~iTYNIL~GE { UTM COORDINATES Southold Bay Suffolk Souchold DE~RIMION OF AUTHORIZED ACTiViTY Construct a 30'x4' catwalk, 5'x4' tamp and two 16'x4' and one 40tx4t "T' shaped floats. All work shall be in accordance with the attached ~/SDEC aPnrovnd plan. GENEeAL CONDITIONS By acceptance of Ibis permiI, the permittee a~ thai the I)eflnit is continent upon strict compll- ince with h ECL, all alq~li~bl~ r~latiom ami tim o~mlltlom ~li~d he.in or attad~d The permittee shall lile in the office of the approp{iate reWonal permit admiolstrato~, o~ other office d~siBnated in the special conditions, a notice of intention to commence work it least 48 hours in advance of the time of commmlcement and shall al~o notify him/h~r promptly in writin8 of the completion of the wo~ The permitted wo~ shell he subj~t to inspectio~ by an autlno~ized representative of the Depmtm~ of E nviro~mental Consefvitic~ which may ruder {t~ wo~ suspemind if the public intm~st so requir~ pursuant to ECL ~71~301 aIKI SAPA ~401(3). The pmmi~ has accepted expressly, by the executm~ of the apphcetmn, the full lelal re~punslbd~v for all damales, d~rect m ~edsrect, of what~ nahum and by whomMr Any mc~ificetion of ~is permit s~,nt~[_.~},~,~ei, k~lhe i. writi,,..nd ett.ched her.o. tPERMIT ISSUANCE DATE 3-8-88 AUTHORIZED SIGNATURE cc: BHHP PERMIT ADMINISTRATOR [ ADDRESS Alfred T. Kellar BidS. 40 SUNY Rm. 219 Stony Brook, NY lit ~ff~_.~'f' ~ ~-,~'.~_.~ ~rces d t~ S~M. t~ W my ~ M~f~ ~ I~ ~pirt~nt I~e~ w~l ~ ~ t~ Slice, aK if, u~ th expi~ltion M ~iIKItM ~ t~ wll~N ~e~ aut~dz~ shall not ~ tom- C~ltM my ~iM, ~e iii M iny ~t~ of t~ sUuCtUre M lift I~ cflt~ to in fMme~ co~iti~ ~e nlv~ilble iK I1~ cGci~ of t~ witeK~(~. No claim shit ~ made t~ Sti~ st N~ Yo~ ~ icc~flt si Iny such rem~al or 11. This ~ Stlte M ~ YMk s~ll in ~ clse h IbMe fM ~ iniu~ w ~ s~H M w~ ~rein ~t~iz~ ~h mit ~ clu~ by M result ~r~ future o~riti~s u~ertaken ~ t~ Stlte for t~ con~itt~ M imp~nt of nivilition, M (M ot~f ~t~s, ~ cli~ M dsht to C~flsMM ~il iccrve fr~ iny wch 12. Crintinl of this permit ~s not rel~e~ t~ applicant of the responst- bii,~y o~ obtiimn8 any off,er pe~ission, consent or lpprovll h~ ~ U.S. Army Corps of Enlin--rs, U.S. Coast ~ui~d, ~ew Yo~k State Off~e of Gewll S~ M I~il I~nment w~h may ~ f~mred, 13. Ail ~c~sl~ preciut(ons shaft ~ tiken to p~Kiude cofltiminifi~ of Iny wetlind or witeMIy by suspended ~l&ds, sediments, fuels, soi~fl~, lu~iclnU. ~xy c~t~nss, plants, concrete, leichite ~y w ~N d~a~e lo ~v~ible chMS M to I~ ~s ~ 16. il u~ t~ e~i/it~n or revocation of this ~fmit, t~ Pr°Sect here~ ~o t~ Sta~e, i~ ~o such extent and in such lam I~ min~ is ~ ~aKMnt M Envi~nmen~l C~.~i~ion may r~uke, ~emove iii o~ lo iu fMm~ condilion. No claim shall ~ mide iilinsl t~ SIi~ N~ YMk on icc~nl of iffy such removil M iilerition. 17. If iriM~ un~ ~cticle ~6, Ibis ~rmil 4~s ~t siinify in iffy this ~ proiKt will ~ free horn 1~. Ii 8rin~ under 6 NYCKK PeK ~, the NYS Deplamenl of Environ- mentil Consewation h~reby ce.ifies Ihat ~ mbiect proiecl will noi c~bi~ elliuenl limitations or oi~r limi~ions or sla~irds under ~lio~ ~, ~2, ~3, ~ and ~7 of t~ Clelfl Wider ~ct of ~977 (PL 9S-217] provMed shit iii of I~ conditions lisi~ herein I~e 19. ~11 KtivKies authorized by this permit must ~ in s.ict con,romance with ~ a~rov~ ~am su~itt~ ~ t~ ap~icant M hb alent as pa~ of t~ ~rmit application. Such appro~d plans were prepared by ~ SPECIAL CONDITIONS I. Dock and timber catwalk shall not be greater than 4' in width and be ,a minimum of 3% it. above grade over vegetated tldal wetlands. Supplementary Special Conditions (A) thru (J) attached. VIC FEAST NUMO£S 10-88-03 18 ~ 2 _ of 3 pROGRAM/FACILITY NUMBEK Room 219, Stony Brook, NY 11794 .,Aj,r~view has be,eh made o.f. your prRpos, al to:.~)~ ~, .(~12-t~.%00 ~r' ~e~ ~nformation you have submitted, the New York State Department of Environmental Conservation has determined that the parcel ~ project ' · 1s. Greater than 300' from inventoried tidal wetlands. greater than 100' in length which was constructed prior to'9/20/77. Landward of the 10' above mean sea level elevation contour on a gradual, natural slope. Landward of the topographic crest of a bluff, cliff or dune which is greater than 10' in elevation above mean sea level. Listed in Part 661.5 of 6NYCRR (Tidal Wetlands Land Use Regulations) as a use not requiring a permit or notification letter of approval. Therefore, no permit is required under the Tidal Wetlands Act (Article 25 of the Environmental Conservation Law). Please be advised, however, that no construction, sedimentation or disturbance of any kind may take place seaward of the 10' contour or topographic crest without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation in this area as a result o~,your project. Such precautions may include providing adequate work area between the 10' contour or topographic crest and the project (i.e. a 15' to 20' wide construction area) or erection of a temporary fence, barrier, or hay bale berm. Please note that any additional work, or modification to the project as described, may require authorization by this Department. Please contact this office if such are contemplated. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Very truly yours, gional Permit Administrator Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11g'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBER~' April 14, 1988 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. S · E . Q . R . A . SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWlCKI Notice of Determination Of Non-Significancn APPEAL NO.: 3715 PROJECT NAME: BERNARD KIERNAN 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 [ ] DESCRIPTION OF ACTION:Permission to construct additions to dwelling and accessory structure(s) within 75 feet of ordinary highwater mark along Southold Bay .~ LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1605 North Parish Drive, Southold,. NY 1000-71-1-15 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 r~lief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, 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. (3) Information. has been submitted'by applicant or his agen~ in- dicating that the project will not involve the disturbance of wetland~ g~asses or areas subject to flooding which may be considered wetlands. mc NOTIC~ IS HEREBY GIV- EN,~ PUrsuant to Section 267 of .t~"~wn Law and the Code of ~(~ ~ilbwn of Southold, the Toll'O~ln~ hearings ~li be held : Rt~illr Id~tia~ at l~e ~o~thold Tow~-Iall, Main Road, Southold~ NY, on ~ APRIL 14~ 1988 at the foliow- ing times: 7:35 p.m.' Appl. No. 3719- SOUTHOLD SAVINGS BANK. V~'ianee to the Zoning Ordinance, Article VI, Section 100-60 (C} [2] (a) for permission to erect an on-premises building identification sign, the lower edge of which will be less than four feet above ground. Loca- tion of Property: 1400 Railroad (Youngs)'Avenue' Southold, ~ County ~ax Map Parcels Nog. 1000-60-2-I.4 (.m'~. 10.2 & 10.3). 7:35 p.m. A~pl. No. 3716- ROBERT E. WALDRONI JR. Variance to the Zoning Or- dinance, Article XI, Section 100-119.2 for permission to con- struct deck addition at rear of existing dwelling which is less than 75 feet from the mean highwater mm;k along dredged canal at James Creek, Mat- tituck. Location of Property: 2980 Ole Jule Lane, Ma~'titgick, N~ County T'~ Map ~No. 1000.122.4.17,/(,~ :~:" 7:40 p.mi ~ippl. NO,~'3575- ROSA J; · HODOSON. Variances to)life Zoning Or- dinance' Arttcle III, Section 100-31, Bulk Schedule, for ap- proval of the insufficient area and width of pamel to be set-off in this pending division of land. Location of property: North Side of Pi~ie Neck Road, Southold, NY; County Tax Map Parcel No. 1000-70-6-33. Con- taining 7.152 acres total. 7:50 p.m. Appl. No. 3707- JOSEPH F. CITARDI. Variances to the Zoning Or- dinance, Articles: (a) Xl, Section 100-119.2 as to insufficient set- back from bank or bluff along the Long Island Sound, and (b) 111, Section 100-31, Bulk Schedule, as to insufficient frontyard setback from the front [southerly] proper~y line along C.R. 48, ~11 thi~,ln~qxnal to con. struct new single-family dwell- lng. Lo~ati0n of Property: 56225 C;R; ;48, Greenport, NY; County Tax M~p' Parcel No. 1000-44-01-22. 8:05 p.m. AppL No. 3709- EDWARD A. HANUS. (Recess- ed from February 18/1988, as agreed). Special Exception for approval of Accessory Apart- ment within existing dwelling in accordance with the re- quirements of Article III, Sec- tion 100-30B(15). Location of Property: 635 Lupton Point Road, Mattituck, NY; County Tax Map Parcel No. 8:15 p.m. AppL No. 3715- BERNARD KIERNAN. Variance to the Zoning Or- dinance, Article Xl, Section 100.119.2 for permission to con- struct additions to dwelling and accessory structure(s) within 75: feet of the ordinary highwarer mark along Southold Bay. Loca- tion of Property: 1605 North Parish Drive, Southold, NY; County ~x Map Parcel No. g:20 p.m. Appl. No. 3722- ~ KUERNER. Variances to the Zoning Or- dinance, Article XI, Section 100-119.2 and Article III, Sec- tion 100-31, for permission to extend garage an additional two feet from that previously granted under Appl. No. 3706 and to construct additional liv- ing ama at rear of dwelling with reduction of nonconforming sideyard at the north and south sides, insufficient total sideyards, excessive lot coverage, and within 75 feet of bulkhead along highwater of "Old Cove" [a/k/a Arshamomaque Pond]. Location of Property: East Side of Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-3. 8:30 p.m. Appl. No. 3687- JON C. KERBS. (Recessed from March 17, 1988). Interpretation and, if necessary, Variance under Article XI, Section 100-119.2 of the Zoning Code, for permission to locat~ building pursuant to DEC Permit No. 10-86-0092 and Trustees Wetland Permit No. 373. Loca- COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for / weeks successively, commencing on the .......... ~ ........... day o~.~-V~-~..c. , Swo~n to before me this ......... ./ ........... day of Notary Public Not~y P~blle, ~,at~ ~ New Y~ I~ur~-r~ ,~,f .......... - .... ,~, uw~ung wnn reauctzon 8:45 p.m. TARTAN OIL ~ORP.: i NOTICE IS HEREBY GIVEN, of no~conforming sideyard at the ~ pursuant to Section 267 of thc north and south si, 'nsufficient (a) Apph No. 3633 - Special Town Law and the Cgde of the ~total sidcyards, · .essive lot Exception under Article VII, t Town of Sou:hold, the following ~oVe~ge, and within 75 fe~t of Section IO0-70(B) of thc Zoning , ~ hearings will be held by the ~u_..~l~.~,d alnmg hi~hwater of "Old Code for approval of th e t, ~ARD OE ~ [a/k/a Arahamomaque Pond]. establishment of a partial self- ~O~K a APPEALS at a Regular Meeting at .ocs:ion of Property: East Side of service gasoline station; and 7 the Southold Town Hall, Main !arole Road, Southold, NY; Co) AppI. No. 3636 - Variance } SS: rr Road, Sou:hold, New york, on ounty Tax Map Parcel No. 1000- under Articles VI, Section 100- :FOLK L ~_~LURSDAY- A~nIL 14 198~ at 2-2-3. 62(B), VII, Section 100-70(B) for P; the following times: 8:30 p.m. Appl. No. 3687 an Interpretation of "retail C, 7:30 p.m. Appl. No. 3719 - - shopping center" and for 71 OU.~_~LQ_~INGS [~,NK. )N C. KER_BS. (Recessed from permission Io establish ~O32L~.EL~O Of Greenport, in Variance to the Zoning Ordinance, arch 17, 1988). Interpretation convenience store as an accessory ng duly sworn, soys that ho/she is M~ Article VI, Section 100-60(C)[2](a) ~, if necessary, Variance under to the existing gasoline-service to for permission to erect an on- ticlc XI, Section 100-119.2 of station, f THE SUFFOLK TIMES, a Weekly 1X~ premises building identification t Zoning Code, for permission Location of Property: South ,lished at Sreenport, in tho Town i sign, the lower edge of which will locate building pursuant to DEC Side of Main Road, West Side of slot be less than four feet above mit #10-86-0092 and Trustees Marratooka Lane, and the East Side Jtlty of Suffolk and State of New fiend Permit #373. Location of two ground Location of Property: of Sunset Avenue, Mattituck, NY, le Notice of which the annexed is · per:y: East Side of Narrow 1000-115-3-9. Zone: "B-I" gra~ 1400 Railroad (Youngs) Avenue, er Road, Orient; County Tax Southold, NY; County Tax Map General Business. has boon regularly published in parcel Nds. 1000-60-2-10-4 (prev. 3?.03 - of the subject hearing. For more ' said Newspaper once each week for ] 10.2 & 10.3). ~-~. information, please call 765-1809. 7:35 p.m. AppE No. 3716 - inance, Dated: April 1, 988· weeks successively commencing on the 7 ROBERT E. W~,LDRON JR. 9.2 for ' Variance to:he Zoning Ordinance, : ne~v BYORDER dayof Apr±l _ Article XI, Section 100-119.2 for th a n OFTHESOUTI{OLDTOWN permission to constlmct deck ad- top of BOARDOFAPPEALS / ditionatre.ro, dwelli 8 on, dredged canal at James Creek, Map Linda Kowalski, L' ~ r:~.2!. =( 3(.~> NY; County 'fax Map Parcel No. ~ Sworn3'6 before ma this 1000 122 4 17. 1SS). Advertise in day of{---d~-/L~-d--~d~ 19r.~c~ 7:40 p.m. App1. No. 3575 --,ear The Suffolk Tjmes/ ,//7 t~Q_SA J~SON. Variances toff t all the Zoning Ordinance, Article lii, 'ing News-Review /V~' Secdon l00-3l, Bulk Schedule, f°r ,ye BusiEtessDil'eOtol~y .:~/" //"-'{'x~d~; and width of parcel to be set off in *d. 477-0081 Location of Property: North Side m ?~-~000 J S_Q~tt F.~_.~ARDI. Variances to ERN~D KIE N~k~!. Variance to ~ '/ TOWN OF SOUTHOM)o NEW YO~K APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF API~EALS, TOWN OF SOUTHOLD, N. Y. I, ~ 'Garrett A Stran~,for Kiernan Main Rd'. P.O.Box 1412 Nome of Appellant ............................................................................ Street and Number Southo~.d New York ......................................................................................................................... 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 APer NO. ( ) ( ) (X) Garrett A. Strang Name of Applicant for permit of Idain Road P.O.Box 1412 Southo].d New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to Construct 1. LOCATION OF THE PROPERTY ............ .h..o...t...t.h..P..a..t.~..s.h...D.~.~.ve, Southold "A"-Reside Street /Hamlet / District 1000 Section 71Block 1 Lot 15 . . .................................................................................. burren~ Owner Bernard & Corole KJ. ernan Map No. Lot No. 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 not quote the Ordinance.) Article X! Section 100-119.2B 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () ( ) (X) ( ) 4. PREVIOUS APPEAL A previous appeal (~V~l~ (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 o variance and was made in Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because It would prohibit the construction of accessory structures in the rear yard as required by the zoning as well as prohibit construction of the stair to the beach and dock thereby disallowing full use of the property. 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 The existing residence was constructed prior to the adoption of the applicable section of the code thus leaving no alternative but to build the acessory structures with less than the required setback. Please note the oreo al proposed construction is at on elevation of bpproximotely 20 feet above the high water mark. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The area is developed'with existing residences most of which ore less than the required distance from the high water mark and have access to the beach. This property, as well as neighboring properties have been lanascaped to within a very close proximity of the high water mark. The proposed construction is limited by the existance of the previously mentioned 20 foot elevation and would not encroach on any existing wetlands. STATE OF NEW YORK ) ) ss COUNTY OF Suffolk ) Signature Sworn to this ~Z .............................................. day of '. ,~.~ ~ . ..................... · /j. ...................... 19~ ~otory Public B.~RBAP-^ ^, 5TR^NG NOTARY PUBLIC. State of New Yom No. 4730095 (~ified in ~ffolk ~ ~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel fr~e to call our office, 765-1809. Yours_ very tr~uly..~, ~ ~ GERARD P. GOEHR~NGER ~ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk Page 4 - Legal Notice Regular Meeting - April 14, 1988 Southold Town Board of Appeals Copies to the following on or about 4/4/88: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Individual Board Members(with copies Town Clerk's Bulletin Board of file) Bruer & Lark, Main Road, Box 1059, Southold, NY 11971 as Attorneys for Southold Savings Bank Mr. Robert E. Waldron, Jr., 2980 Ole Jule Lane, Mattituck, NY 11952 Mr. Garrett A. Strang, R.A. as Agent for Mrs. Rosa Hodgson P.O. Box 1412, Southold, NY 11971 Mr. Harold Conroy, Lighthouse Lane, 'Southold, NY 11971 Peconic Associates, Inc., One Bootleg Alley, Box 672, Greenport, NY 11944 Charles R. Cuddy, Esq., 180 Old Country Road, Box 1547, Riverhead, NY 11901, as Attorney for Mr. and Mrs. Edward A. Hanus Mr. Sam Ganshaw, Lupton Point Road, Mattituck, NY 11952 Mr. and Mrs. Jack Drobet, Box 965, Mattituck, NY 11952 Abigail A. Wickham, Esq. (Attn.: Joyce Steiner) in behalf of Mr. Joseph R. Corso Mr. Joseph R. Corso, 750 Lupton Point Road, Mattituck, NY 11952 Mr. and Mrs. Edward A. Hanus, 635 Lupton Point Road, Mattituck~ NY 11952 Mr. Garrett A. Strang, R.A. as Agent for Mr. Bernard Kiernan P.O. Box 1412, Southold, NY 11971 Patricia C. Moore, Esq., Moore & Moore, Box 23, Mattituck, NY 11952 as Attorneys for Manfred Kuerner and John & Evelyn Keating Stephen R. Angel, Esq. as Attorney for Jon C. Kerbs 108 East Main Street, Box 279, Riverhead, NY 11901 Mr. Jon C. Kerbs, Box 525, Greenport, NY 11944 Catriona Glazebrook, Esq., Twomey, Latham, Shea & Kelley 33 West Second Street, Box 398, Riverhead, NY 11901 William D. Moore, Esq., Moore & Moore, Box 23, Mattituck, NY 11952 as Attorney for Tartan Oil Corp. Mr. and Mrs. Gregory Ofrias, Sunset Avenue, Mattituck, NY 11952 Mr. Wilbur Klatsky, The Cove at Southold, 5044 Expressway Ronkonkoma, NY 11779 Mr. John Bredemeyer, President, Town Trustees Office Drive South, JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 117 9 Southold, New York 11971 TELEPHONE (516) 765-1801 February 26, 1988 TO: Southold Town Zoning Board of Appeals by G. FROM: Judith T. Terry, Southold Town Clerk Bernard Transmitted herewith is Zoning Appeal No. 3715 , application of Kiernan Strang for a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk APPEALS. TOWN OF SOUTHOLD In the Matter or' the Petition of Garrett A. Stran~r for Kiernan the Board of Aooeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU &.RE 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 (Variance) (~eltJalR~alr~l~l~eil~#l~lll~R~#LN~l~l~~ [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: Tax k4op No. 1000- 071-01-15 Bounded; North by Southold Bay South by North Parish Drive East by West By Radmin 3. That the property which is the subject of such Petition is located in the following zoning district: "A"- Residential 4. That by such Petition, the undersigned will request the following relief: Reduction in setack from high water mark to accessory structures. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XI Section, 10~)-119.2B 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative haye the right to appear and be heard at such hearing. Dated: February ~,1988 Petitioner Garrett A. Strong, R.A. PostOfficeAddress P,O,Box 1412 Southold, New York 11971 PROOF O _M_A_I F N ICE Ms. Nancye Ra~min 20 Adams Dr. Cresskill, Gregory & Carole Power 1745 North Parish Dr. CERTIFICATE OF MAILING *~ix~ -~,~ Garref. t A. Strangt R.A. . P.O.Box 1412 Southo~d~ N.Y. 11~71 ~s. Nancye Radmin 2~ AdamsD~ive r ~~--~' '~ Cressk~ N.J. 07~2~ PS FORM MAY 1976 3817 Cregory & CaroZe Pow,r i745 North Parish Drive Sour, hold, N.Y. 11971 RS FORM N.J. 07626 Sou~hold, N.Y. 11971 STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: Garrett A. Strang .~ residing at Main Road~ Mat%ituck~ New York , being duly sworn, deposes and says that on the ~4~ch day of F ~ ~ ...... ,19 8 8 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, direct'ed 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 mail~J at the United States Post Of- fice at Southold, New York ; that said Notices were mailed to each of said persons by (certified) (r~4ergd)xm~ik Sworn to before me this day of ~/Z-~-~ .19 .. No~ Public The ;;.Y.S. [nv~ronmental (luality Rt:viL::W ACt ruqu~r¢~.s sub- mission of this 'iii, and ~n erivtronmenLul iew will be made by this bo before any action is ta ~ORT ~N';LYO~.'~ENT.~L AS$:~SS~ENT FCPJ~ (a) In ord-'r to answer the questions in this ehor: gAF is ia ass:-.ed thac pre.ret will use currently available ~.fo~%lon conce~in~ the pro3ec: and t~ely ~c%~ of %he action, i~ is no: e~ec%ed %~ addi~ional ~udi~ r~emr~h (b) If any que~ulon ha~ been answered Yes ~he project ~y be si~iflcan~ and a cc~pleced E~vlro~en%al AsseSsment Fo~ i~ (c) If all quesuions have been answered No i% is l~ely %~ %hl~ project to the project site or physically alter more t~%n 10 acres of land? · · · · · · · · · , · · Yes X No 2. Will :here be a major chan~e to any ~lque or unusual land fo~ fo~d on the sits? · · , , , Yes X No ). W~i project alter or ~ve a large affec~ on an exis=ing body of wa%er? . . · · · · · · · · Yes X &, W~I project have a po~en~ially large ~ on ~o~d~%er quali~y? , , , , , , · · , · · * --Yes X No ~, W~l project si~ificantly effect drayage ~ on adjacen~ sites? , , . , , . , , , , . , Yes X 6. Will ~roJec% affect any %~ea%ened or endangered Tee X No plan~ or an~al species? , · , , · · · · · · · __ 7. W~I project rest% in a major adverse elf.c% on air quality? , , , , , , , , , , , , Y~s X ac%er of ~ho co~munl%y or scenic views or kno~ ~o be ~por~an~ ~o %he community? , . , , Yes X No 9. Will proJec= adversely ~pac~ any si$e or st~c~ ute of historic, pre-his~or!c~ or paleontological enviro~en~l area by a local agency? , . . Yes __~ No 10. W~I project have a ~Jor effec: on exis~g or future recreational opportunities? . . . Yes X No 11. Will project result in ~Jor ~raffic problems or cause a major effect to existing transpor%a~lcn systems? , , , , , , , . , , . , Yes X NO 12, Will proJec: re[~=~17 cause obJect~OnabZ~ o~ors~ ~oi~, glare~ vibra~ion, or elects!cai dis%ur~ ance as a res~ of the project's operation? . Yes X No 13. Will protect have any impact on public health oF safety? ' , , , , , , , , , , , , -- Ye~ ,,,X,, l&, Will proJeut &flee: ~he e~$t~n6 ~o~unit~ by directly causing a ~row%h xn permanent pop.a- t,on cf more t~an 5 pe~cen% over a one--year period er have a major negative effec~ on '5. Is there p,~~~ng th~ projec,? . Yes ~ , No PREPARER'3 SIGNATL~E: ~/~ TI~E: Archilec% REPRESENTING: Bernard & Cmrole Kierm~DATE: ~ebru~ry 8. ]988 February 8~ 1988 (Today's Date~ To: Southo!d Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Garre%% A. S%rang, for Kiernan Location of Property: __IO~ MOp No. ]00-07]-0]-]5 Norfh Pgrish Drive, Soufhold, N.Y. 11971 Dear Sirs: In reference to the New York State Tidal Wetlands Land-U~'3e Regulations, 6 NYCRR, Part 661, and Article 25 of the Hew York State Environ:nental Conservation Law, please be advised that the subject property iQ the within appeal application: (please ch,~ck ~e box) IX ] May be located within 300 feet of tidal wet]ands however, conntructed along the water-lying edge of this property is a bulkhead in very gc~d condition and at least ]00 feet in length.~ [ ] May b~ located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approx~mat~ly feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tid~i wetlands; and there is no bulkhead or · ccnc___e wall exis~zng on the premises. o[ ] not appear Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items(*) indicate your property does to fall within the jurisdiction of the N.Y.S. D.E.C.] Sincerely yours, (Signature please) falls wi~n D.E.C. jurisdiction, to our office before public hearing. NOTE: If proposed project approval must be received an[t submit[dd your application can be scheduled for a // FOI~M NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No. Z 2~08 Date Ap.,ril 28 19.6...6.... THIS CERTIFIES that the building located at Nor.~h..P.a~r.~,~h..D.~.~t.v..e ................. Street Map No. ~.~!rr..~ .......... Block No .......... :T-,7,, ........ Lot No. ~ ~..Q.tA.t..,h.Q.1...d.~ N. Yo . ........... conforms substantially to the Application for Building Permit heretofo~'e filed in this office doted ............................................ ..A..~..[.u...s..t....~..., 19..~.~.. pursuant to which Building Permit No..?/..8.~.3....~.. dated ................................ ..A..Q.[.~...s..t...,~....., 19...~...~.., was issued, and conforms to all of the requirements of the applicable provisions of the Iow. The occupancy for which this certificate is issued is ........ ...... gr. ~..Y.~.t,.e ...Qram.. ~.~i ly....O.w.~.l ~i~ ................................... /,~The certificate is issued to .....~.~....~...o.?...o..t..¥~....~.~..a...t..~...h..e...w..s. ................. .0...w~.....e..I'.. .......... (owne~,"lessee or tena~'~) ...................... ~of ~e aforesaid building. ~.DIApproval Mar. 9, 1966 by R. Villa Building Inspector THI~ INDF..NTURF., made the /2 ~ day of January , nineteen hundred and Seventy-nine, BE'DNF_~ DOROTHY L. MATTHEWS and ARLENE' MAGAW, residing at 1545 M-3150 North Parish Drive, Southold, New York 11971, US Life #78-52- 22997 DIST. 1000 SEC. 071 BLOCK O1 LOT 015, party of the first part, and BERNARD W. KIERNAN and CAROLE P. KIEP. NAN, his wife, both residing at 25 .Wallace Drive, Plainview, New York 11803, Part~ oi the s~ond part, ~'.I'I'NF..~ that the party of the first part, in consideration of ten dollars and o~her v~lu~ble co~sidera~io~ paid by the party of the second pan, does hereby ~rant and release unto the part], of the second part, the heirs or su_,xe___-~rs and assi~s of the par~; of the s~ond pan torever, AIL g~t certain plot, piece or parcel .of land,.with the buildin~ and improv~ment~ thereon lld~andbeing~ at Bay V~ew, ~n the Town o~ Southold, County Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly line of North Parish Drive which said point is distant 70.0 feet westerly abng said northerly line from its intersection with the easterly line of Northfield Lane, from said point of'beginning; RUNNING along said northerly line of North Parish Drive, North 71 degrees 24 minutes 50 seconds West, a distance of 155.0 feet to land of Hoolahan; THENCE along land of Hoolahan, North 18 degrees 35 minutes 10 ~econds East a distance of 164 feet, to ordinary high water mark of Peconic Bay; THENCE easterly along said high watermark, 155 feet more or less to a point which is a tie line course and distance of North 88 degrees 43 minutes 20 seconds East 164.81 feet; THENCE along land now or formerly of H. Sayre, South 18 degrees 35 minutes 10 seconds West a distance of 220.0 feet, to the point of Beginning. BEING AND INTENDED TO BE the same premises conveyed by F. Harold Sayre to Dorothy L. Matthews and Arlene Magaw, the parties of the first part herein, by deed dated May 14, 1965 and recorded in the Suffolk County Clerk's Office on May 17, 1965 in Liber 5746 of Deeds .at page 214. TOGETHER with all right, title and interest, if any, of the party of the firstpart in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHE.R with the ,aRpurtenanc~ and all the estau~ and rights of the parB, of the first part in and to said premises, TO HAVre AND Tv HOLD the premises herein granted unto the party of the second part, the heirs or successors and a~signs of the party of the second part torever.. 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- eratlon as a trust 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 improvement before using any part of the total of the same for any other purpose. The word "party" shall he construed as if it read "parties" whenever the sense o£ this indenture so requires. IN ~;%'I'I-NE.$$ Wl~F-JlEOle, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: (L.S.) (L.S.) STATE OP NEW YORK, COUNTY FFOLK ,,, On the /,,2.~'day of January, i9 79, before me personally came DOROTHY L. MATTHEWS and ARLENE lc. AC&W, to me known to be the individual S described in and who executed the foregoing instrument, and acknowledged that they executed the same. Notary Public. K~e+S,S~a G. TtR~¥, OR. NO1ARY PUOLIC, State ol Now York No. ~'U~4MO ~lJa~i~ ~n ~ff~lk C~n~ STATE OF NEW YORK, COUNTY OF On the day of 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 NEW COUNTY OF ss= On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that. executed the same. 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. WITHOUT COVENANT AGAINST Gg. ANTOI%'$ ACT~ TITL~No. M-3150 US Life ~78-52-22997 DOROTHY L. MATTHEWS and ARLENE MAGAW TO BERNARD W. KIERNAN and CAROLE P. KIERNAN, his wife. .......... -"~*gr~.~ s;; U~'IJFE TITLE INSURANCE Company of New York SECTION 0 71 BLOCK 01 COT 015 : ' COUNTY Ok TOWN Suffolk, Southold Recorded B¥: TITLE INSURANCE Company of New York /27W. Maifl Str~t Riverhead, N.Y. 11901 Room 219, Stony Brook, NY 11794 Commissioner B~a~e~o~ th~-'~nformation you have submitted, the New York State Department of Environmental Conservation has determined that the parcel ~ project is: Greater than 300' from inventoried tidal wetlands. ~Landward of a substantial man-made structure ~,~9~.~~ greater than 100' in length which was constructed prior to' Landward of the 10' above mean sea level elevation contour on a gradual, natural slope. Landward of the topographic crest of a bluff, cliff or dune which is greater than 10' in elevation above mean sea level. Listed in Part 661.5 of 6NYCRR (Tidal Wetlands Land Use Regulations) as a use not requiring a permit or notification letter of approval. Therefore, no permit is required under the Tidal Wetlands Act (Article 25 of the Environmental Conservation Law). Please be advised, however, that no construction, sedimentation or disturbance of any kind may take place seaward of the 10' contour or topographic crest without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation in this area as a result o~.your project. Such precautions may include providing adequate work area between the 10' contour or topographic crest and the project (i.e. a 15' to 20' wide construction area) or erection of a temporary fence, barrier, or hay bale berm. Please note that any additional work, or modification to the project as described, may require authorization by this Department. Please contact this office if such are contemplated. Please be further advised that this letter does not relieve you of the responsibility, of obtaining any necessary permits or approvals from other agencies. Very truly yours, Deputy Regional Permit Administrator DEC PERMIT NUMBER 10-88-03 18 FACILITY/PROGRAM NUMBER(s) ./A NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PERMIT Under the Environmental Con.ewatio. Law EFFECTIVE DATE 3/8/88 EXPIRATION DATE(s) 3/31/90 -- Article 15, Title 3; 6NYCRR 327, __ 328, 329: Aquatic Pesticides Article 15, Title 5: Protection of Water Article 15, Title 15: Water Supply Article 15, Title 15: · Water Transport Article 15, Title 15: Long Island Wells Article 15, Title 27: Wild, Scenic and Recreational Rivers 6NYCRR 608: Water Quality Certification Article 17, Titles 7, 8: SPDES -- Article 19: __ Air Pollution Control* -- Article 23, Title 27: __ Mined Land Reclamation [~J Article 24: Freshwater Wetlands N--New, R--Renewal, M--Modification, C--Construct (*only), O-Operate (*only) J~ N--"-I Article 25: Tidal Wetlands J-----J Article 27, Title 7; 6NYCRR 360: Solid Waste Management* J~-J Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management [--~ Article Coastal Erosion Management [~] Article 36: Floodplain Management J'~J Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO Bernard & Carole Kiernan ADDRESS OF PERMITTEE 25 Wallace Dr., Plainview~ NY 11803 AGENT FOR PERMITTEE/CONTACT PERSON Oarrett A. Strang, P.O. Box 1412, Main Rd., Southold, NY 11971 NAME AND ADDRESS OF PROJECT/FACILITY (If different from Permlttee) North Parish Dr. LOCATION OF PROJECT/FACILITY COUNTY I TOWN/CITY/VILLAGE Southold Bay Suffolk I Southold DESCRIPTION OF AUTHORIZED ACTIVITY Construct a 30'x4' catwalk, 5'x4' TELEPHONE NUMBER JUTM COORDINATES ramp and two 16'x4~ and one 40~x4' "T" shaoed floats. All work shall be in accordance with the attached NYSDEC apprgy~ plan. GENERAL CONDITIONS By acceptance of this permit, tie permitlee a~eet that the permit is continsent upon strict compli- ance with the ECl., all applicable relulations and the conditions specified herein or attached hereto. The permittee shale f lie iQ the of lice of tha apprppriate regional permit admioistramr, or other of lice designated in the special conditions, a notice of intention to commence work at least 48 hours in advance of the time of commencement and shall also notify him/her promptly in writing of the completion of the work. The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservatio~ which may ocder the work suspended if the public interest so requires pursuant to ECL §71-0301 and SAPA §401(3J, The permittee has accepted expressly, by the execution of the application, the full legal responsibility for all damages, direct or iedireck of whatev~ nature, and by whomever suffered, arising out of the pn~ject described herein and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and descrip- tion resulting from the said project· The Department reserves the right to modify, suspend or revoke this permit at any time after due notice, and, if requested, hold a hearing when: a) the scope of the project is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations are found; or b) the permit was obtainnd by misrepresentation or failure to disclose relevent facts; or c) newly discovered information or significant physical chanBes are discovered since the permit was issued. The permittee is responsible tot keepinB the permit active by submitting a renewal application, including any forms, fees or supplementel information which may he required by the Department, no later than 30 days 1180 days for SPDES or Solid or Hazarduous Waste Management permits) prior to the expiration date. This permit shall not he construed as conveying to the applicant any right to U*espass upon the lands or interfere with the riparian rights of others in order to peHorm the permitted work or as authorizinR the impairment of any rights, title or interest in real or personal property held or vested in a person not a party t~ the permit. The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights*of-way which may be required for this project Issuance of this permit by the Department does not, unless expressly provided for, modify, supersede o~ rescind an order off consent or determination by the Commissioner AnY m~di~ication ~f thi~ pe~m~ ~r~nt~j~ ~e~rr~e~tnmnu~j~be ~n w~i~ing ~nd attached horet~. ('~/~ f~R"JT~ ~--'----I · ' q 1 ' SSUANCE SIC"~TU REOATEPE RM~T A[~MINIST-RATOR ]~ldg ,^CORERS S~ony Brook, ~]Y ~,~'.~8~-88 Alfred T. Kellar 40 SUNY Rm. 219 4 / cc: QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~TH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict 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? ~Ph0t0graphs please) 4. Are there any existing or proposed fences, cDncrete barriers, decks, etc?~P]ease submit e]evati0n sketches.) If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State 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 ~ Yes ~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Yes Yes No Yes ~ Yes No Yes ~ 10. 11. 12. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Is new construction proposed in the area of contours at 5 feet or less as exists? If new construction is proposed in an area within 75 feet of wetland grasses, or land area at 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? ~ No 13. Please list present use or operations conducted upon the subject property at this time and proposed ~/,~ Please submit photographs for the record· I certify that the above statements are true and are being submitted for relian~the~oard o~~n considering my application. Signature (Property Owner) ~uthorized Agent) WETLANDS [Amended 8-26-7(; by L.L. No. 2-1976, 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently coy- ered with~ or which border on, tidal waters, or lands lying beneath tidal waters~ which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, fla~.~ or other Iow lying lands subject to tidal action: (2) Ali banks, bogs, meadows, fiats and tida~ marsh : subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and Iow march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection Al2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESItWATER WETLAN DS: (1) "Fr ' esnwater wetlands' as · -~mea in Article 24, Ti- tle 1, § 244)107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- !and," as defined in Subsection B(1) and lying with- m seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 2.25-85 $OUTHOLD -?- '.,< t~ HAP ~.~.A~ I"" 5U~ ~"'"",...,~ ,.,' .:' -, , ;'.,"'~,.,.,= ,... . / ..-'.~-"";'~~ ,.. \ '[ :.:. '~,%."~'-, '-'~'-: -",' n ..~ -'-. ,.',- ,--. -,- ,.~;..~_"-' ,-,,-,, [". ,-,..,.~__._'"".Z.... --' ;. ,~ ,-.~ ~"L.,."'~ I f ,-~..,,:_,~ I ,.~ ~ _-~ _ - _ _ ~~;~..~... ,' ,.. , . ~'~:~ A. STRANG }"'~""~)~ / Main ~oad R O. Box 1412 Southofd ~.~. ~071 ~ 516- 765- 5455 ' ., _~:. .., ..,.,,.,r~ GARRETT A. STRANG architect ' Main Road RO. Box 1412 Southold N,Y. 11971 516- 765 - 5455 ~ ~?~¢¢ GARRETT A. STRANG r~ ~ ~,~ ~,,.:~ ~ Main Road P.O.516Box. 7651412- Southold5455 N.Y. 11971