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HomeMy WebLinkAbout3717Southold Town Board of Appeals F4AIN READ- BTATE RnAD 25 S[311THnLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, ................SERGE DOYEN, JR, ACTION OF THE BOA~) OF APPEALS JOSEPH H. SAWICKI Upon Application of FREDERICK KOEHLERf JR. for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2B for permission to locate accessory structure along existing bulk- head at Cutchogue Harbor, premises known as 575 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-3-6. WHEREAS, a public hearing was held on June 2, Matter of the Application of FREDERICK KOEHLER, JR. No. 3717; and 1988, in the under Appeal WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; 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. This is an Application for a Variance under Article XI, Section 100-119.2B, as amended May 17, 1988, for permission to locate an accessory storage building incidental to the existing residence of the premises and for inside storage of the owner's boating and yard equipment as more particularly shown on the architect's rendition dated May 27, 1987, prepared by Samuels-Steelman. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 3, Lot 6. 3. The premises in question is a described parcel containing an area of 2.8+- acres, with frontage (lot width) along Old Harbor Road of 329.42 feet, and average depth of 660+- feet. P~ge 2 - Appeal No. 3717 Matter of FREDERICK KOEHLER, JR. Decision Rendered July 14, 1988 4. Article XI, Section 100-119.2B of the Zoning Code (as amended) requires all buildings or structures proposed on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than Sounds shall be set back not less than seenty-five (75) feet from the bulkhead. 5. On-site inspections find as follows: (a) the immediate area of this neighborhood does consist of parcels improved with accessory buildings with minimal setbacks from the bulkhead and Bay; (b) the height of the neighboring accessory buildings near the bulkhead and Bay are one-story (or less) in height and are used solely for storage purposes incidental to the existing residence and not for sleeping or income purposes; (c) extensive regrading and construction of a timber retaining wall has taken place since this board's previous decision under Appeal No. 3496 which appear to have rectified the previously-existing eroded and unstable bluff toe; (d) the slope is vegetated with Rugosa rose and appears fairly stable; (e) there is a wooden-plank walkway in a continuous slope without steps and very steep. (f) the premises is also improved with a single-family dwelling and accessory garage presently located in the northerly yard area (see architect's rendition for particulars}. 6. It is the opinion of the Board that due to the erosion factors in this area, and the precedents established in the immediate area, an accessory building in the area noted below (as an alternative to the location requested) for the purposes of storage incidental to this parcel is not unreasonable. 7. It is the position of this Board that: (a) the relief as alternatively granted herein is within the character of the immediate general area; (b) the relief requested is substantial in relation to the requirements; (c) the relief is related to the uniqueness of the property; (d) the variance, as alternatively granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring P~ge 3 - Appeal No. 3717 Matter of FREDERICK KOEHLER, JR. Decision Rendered July 14, 1988 (e) pursue; there is no other method feasible for appellant to (f) in considering the above factors, the interests of justice will be served by granting the following alternative relief. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance under Article XI, Section 100-119.2B (as amended) in the Matter of the Application for FREDERICK KOEHLER, JR. under Appl. No. 3717, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory storage building be located a minimum of ten (10) feet from the lowez b~lkhead {exclusive of overhangs, deck walkway, or step ~-%~ ~-~- ~ ~ 2. That the accessory storage building not be larger than the size 20 ft. x 12 ft. (exclusive of overhangs, steps, deck, walkway areas), and proposed four-ft, overhang can have posts within the above-mentioned 10-ft. setback; 3. That the accessory building be used for storage purposes incidental to the residence and not be used for sleeping or living quarters; 4. That the doors to showers must be on outside wall of the accessory building and not an interior doorway; 5. That plumbing facilities will be permitted for the shower(s) only; 6. That the height of this accessory building shall not exceed one-story (12 feet high); 7. Deck areas shall be permitted as proposed at ground level to the bulkhead, provided the height is not higher than two feet (2') elevation above the bulkhead; 8. Size of deck may be of a size as proposed on the May 27, 1987 rendition prepared by Samuels-Steelman, Architects. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER~ CHAIRM3~N 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 SOUTHOLO TOWN BOARD OF APPEALS at a Special Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, JUNE 2, 1988 at the foll6wing times: 7:30 o.m. Appl. No. 3718 - PATRICIA STEGNER. Variance to the Zoning Ordinance, Article XI, Section lO0-119.2B, for permission to locate new dwelling with an insufficient setback from existing bulkhead. Location of Property: 470 Private Road #12 (off the South Side of Main Bayview Road), Southold, NY; County Tax Map Parcel No. 1000-78-6-5 and 10.2 (now 10.3). 7:35 p.m. Appl. No. 3723 - ANGELO SPETSIOTES. Variance to the Zoning Ordinance, Article XI, Section 100-119.2B for permission to construct deck addition at rear of dwelling with an insufficient setback from existing bulkhead at Budd's Pond, 1045 Budd's Pond Road, Southold, NY; Willow Point Subdivision Lot #11; County Tax Map Parcel No. 1000-56-5-13.1 (or 13). 7:40 p.m. Appl. No. 3732 ROBERT E. BIDWELL. Special Exception to the Zoning Ordinance, Article III, Section lO0-30B(I4) for a Winery for the production and retail sale of wine produced from grapes primarily grown at the Bidwell_Vineyards, premises located at the South Side of C.R. 48, Cutchogue, NY; County Tax Map Parcel No. 1000-96-4-4.3 (prev. p/o 4.1). 7:45 p,m. Appl. No. 3717 - FREDERIC KOEHLER~_, JRt_. Variance'~ the Zoning Ordinance, Article XI~ Secti6n lO0~ll9.2B for per- } ~ission to locate accessory structure ~lohg existing bulkhead at Cutchogue Harbor, premises know as 575 OlD ~rbor Road, New uffolk, the for: (b) (c) line off No. NY~ County Tax Map Parcel No. 1000-117-3-6. 7:50 p.m. Aopl. No. 3729 GEORGE R. Zoning Ordinance, Article III, Section (a) approval of insufficient lot area approval of insufficient lot depth of FURSE. Variances to lO0-31, Bulk Schedule of proposed Lot #2~ proposed Lot #2; approval of yard setbacks as apply from the new division to the existing dwellings. Location of Property: Right-of-way Bell Hill Avenue, Fishers Island, NY; County Tax Map Parcel 1000-009-03-002, containing 3.64± acres. Page 2 Notice of Hex ~ings S.outhbld Town Board o~-"Appeals Special Meeting - June 2, 1988 8:00 p.m. Appl. No. 3730 ESTATE OF DOROTHY RUSSELL. Variances to the Zoning Ordinance, Article III, Section 100-31 Bulk Schedule for: (a) approval of insufficient lot area of proposed Lot #1 and Lot #2; (b) approval of insufficient lot depth of proposed Lot #2; (c) approval of ~nsufficient yard setbacks as apply from the new division line to the existing dwellings. Location of ProperTy: North Side of Beach Avenue and West Side of Heathulie Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-009-11-9.1 (prey. 9), containing 2± acres. 8:10 p.m. Appl. No. 3731 NORTH FORK COUNTRY CLUB. Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of the placement of accessory gazebo structure in the frontyard area, premises known as 25650 Main Road, Cutchogue, NY; County Tax Map Parcel No. lO00-109-4-Lots l, 3, 4, and 7. 8:20 p.m. Appl. No. 3727 DOROTHY ABBOTT-. Variances to the Zoning Ordinance: (a) Article III, Section 100-31, Bulk Schedule, and (b) Article XI, Section 100-119.2A, for aoproval of attached deck with an insufficient easterly sideyard setback and insufficient setback from top of bluff along the Long Island Sound, premises known as 380 Private Road No. 3 (extending off the West Side of Rocky Point Road), East Marion, NY; County Tax Map Parcel No. 1000-21-1-2. 8:30 p.m. Appl. No. 3726 CLIFF & PHIL'S LOBSTER HOUSE. Variance to the Zoning Ordinance, Article VI, Section lO0-60C for permission to erect off-premises-advertising s~gn for restaurant Cpreviously Beachwood Cafe). Location of Premises for Sign: South Side C.R. 48, Southold, NY~ County Tax Map Parcel No. 1000-59-10-4. (Owner: Edward F. Koster). 8:35 p.m. Appl. No. 2721 RUSSELL E. PLANITZER. Variances to the Zoning OrdiNance, Article III, Section 100-32 for permission to locate pool, fence enclosure, pergola structure, and part of garden enclosure, in the frontyard area. Location of Property: Private Road, Wilderness Point, Fishers Island, NY; County Tax Map Parcel No. 1000-12-2-6.5, 6.9 (prey. 6.6). 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 m~y be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. DATED: May 12, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE .OF DISAPPROVAL To . . ~ . . . .~-~..~ .~....,9...~....~. !~.~.( .... . PLEASE TAKE NOTICE that your application dated . .~. ~..~...~..g ........ 19 .'~.. .~. Location of Property . .~.7:~ .... ~. ~~.. ~ ..... ~.. ~ I ~ ..... County Tax MapNo. lO00Section ..'.1.1..~ ...... Block ... O~ ,. lot ,~.~, ..... Subdivision ................. Filed Map No ................. Lot No .................. . ~~..~...~ .~./?... _~....~..o~......Lt~....~. ~/i~. :.:~'-,s reit,rhea, herewith andflisapproved on' thc tbllowing grounas .~:~.~~ .......... Builamg Inspector RV 1180 FORM NO. 1 TOWN OF SOUTHOLD BUJ LDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL,: 765-1803 Approved ..... d/./.~.4.. ~ 19 7JPermit No./..~../.~./..7 ~ Disapproved a/c ............. T~...~...... ~. ......... ......................................... .~,~/. · ..... (Building Inspector) APPLICATION FOR BUILDING PERMIT Application No./..~..~./. .......... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Build'rog Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and g~ving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No btdlding shall be occupied or used/at whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. ' APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, buildir~g~ousing code, trod regulations, and to admit authorized inspectors on premises and in buildings for necessary inspections. ~ (Signature of applicant, or name. if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ... ~ .o.~ ~ p.e.....~.~.../...<~. ~. r-.rc4~.~..n:>.~.. ............................................................ Name of owner of premises. . ~..&~. ~-~.X. 7.~.ff~/.*.'- . .~..: ................ O-J/Pfc. z-/~',x// .................................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name aJ]d title of corporate officer) Builder's License No .... f..O.c/ ................. Plumber s License No ......................... Electrician's License No ....................... Other Trade's License No ...................... Location of land on which proposed work wlil be done .................................................. · ...... ...... .......... .......... House Number Street Hamlet (~, ~ County Tax Map No. 1000 Seclion ...... .//.7 ........ Block ........ ~.. ....... _ · p_~,,-r ~,.~ x~ LOt ................... Subdivision ..................................... Filed Map No ............... Lot .............. (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .... /....~.A-.~. { ~..~....~'~...~.~..i.~..~.,?.t.~(.~./.: .................................. b. Intended use and occupancy ...._~..g:..A~-....~.../..~. p.~.'~ ............................................... 3. Nature of'work (check which applicable): New Building .... ~... Addition .......... Alteration .......... Repair .............. Removal ....... · :. Demolition .............. Other Work. f r~ (Description) 4, Estimated Cost ........ ~..O7'..~.. :.~.'~. ................... Fee ...... ~ . ~ ............................. (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars ........................................................................ 6. If ..... business, commercial or mixed occupancy specify naturez''~'- and~ extent of each ty~e~ of, use .......... ........... ~.. ~ ..... 7. Dunansmns of ~x~st~ng structures, ~f any: Front ..... ~ ,~. ....... Rear .... ~. _~.. ..... Depth .... Height ..... /..%. ....... Number of Stories ..... .~ .................................................. Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ............... ~ ....... 8. Dimensions of entire new construction: Front ...... ~'.~. ~ .... Rear ..... /.'~. ". .....Depth ..../~ ......... Height ....... ~.' .~ ...... Number of Stories ..... [ ...................................... .,, ........... 9. Size of lot: Front .... Y. ¢~...~ ............ Rear .... y. ~ .o.. ~ .......... Depth .... ~ ~ ............. 10. Date of Purchase ...... Y..~.~.~7.~.' ............... Name of Former Owner ...Z~,.~4we~,?.~.-r....~..qz. ~..~,~. ..... I 1. Zone or use district in which premises are situated .... '.~,..~ ~.~!..~. ~y .r~--. ................................ 12. Does proposed construction violate any zoning law, ordinance or regulation: ...... &J. ~ ....................... 13. Will lot be regraded ....... ~¢.~'.~. ................. Will excess fi, ll be removed from premises: Yes 14, Name of Owner of premises &~.~.~.~.~.-.~.,~.~r..~/...t?~.*~.~ddress ~.~.~4~-x~..~. ~.~. ~., ~ Phone No..%~..' .':~.-~f% Name of Architect ............................ Address ;_ .................. Phone No ................ Name of Contractor ,. Y~.L~. ~ .tA~. ~.~.~.*..~-~-. .... Address .r--f~g,c.~. ¢q. ~. ~.~.. ~.- ..... Phone No; ? '* ' PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set-back dimensim~s from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW ¥~ORK, COUNTY OF..~..q &45.~..~.t.~.... S.S ........... /.q/~:.~,'.~...~ ~ *~ ~ ~ ........... being duly sworn, deposes ~d says that he is the applic~/ (Name of individu~ si~ing contract) above nmed. He is the ......................................................................................... (Contractor, agent, co,orate officer, ere.) of s~d owner or owne~, ~d is duly authored to peffo~ or have perfo~ed the said work and ro m~e and f~e ~s app~cation; that ~I statements contorted ~ this application ~e rme ro the best of Ms ~owledge ~d belief; ~d that the work will be perfo~ed in the m~ner set forth in the application filed therewi~. Sworn to before me this .......... of ,~,~- TOWN OF SOUTHOLD, NEW YORK ' ' ~,~I~A~-- ~FR~)M DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ............................. TO~-FHE ~7_~NG BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. .................... of .............. N6me of Appellant Street and Number F~rmingd~le 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 ( ) ( ) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ~1~d~H~?~b~.~-~r~R~9~c~.~e~u~f~f~1~k.~;~.~e.~R~ ....................... Street /Hamlet / Use District on Zoning Map District 1000 Section Block Lot ................................................................................ Current Owner Frederick Ko~hler /~0N-~'17-3-5 & 6 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 Ordi.nance.) Article _~ Section 100-1!9.2 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (XX) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art, J6 Sec. 280A Subsection 3 () 4, PREVIOUS APPEAL A previous appel_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 ( v'~ request for a variance ( ) xx) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ~orm ~.~, (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP Because ~'~' ' ' Deniai of this requested application would not allow applid~nt tO' fully utilize the potential of his property. 2. The hardship created is UNIQUE and is not shared by oli properties alike in the immediote vicinity of this property and in this use district becouse NO other accessary building exist in this area. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF'THE DISTRICT because Proposed accessary building construction will be in keeping with the character of the neighborhood. STATE OF NEW YORK ) COUNTY SS ~ignature / ~ BARBARA TYREE ROSS No, 4858364 FORMER OWN Ti abh Woodlar Swampland Extension Extension Extension Foundation Basement Ext, Walls PJace Porch Porch Bath =]oars nterior Finish Roof Type Southold Town Board of Appeals HAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. April 3, 1989 12:25 p.m. TO WHOM IT MAY CONCERN: Today our office received a complaint, referred from the Building Department, concerning the construction of a boathouse at New Suffolk in excess of 12 feet (after receiving copies of the ZBA Decision rendered under Appeal No. 3717 in the Matter of Frederick Koehler from the Building Department). I assisted her to the Building Department and explained that the woman should either see the head of the building department, or submit her complaints/concerns in writing to the building department. (She was not aware that ZBA office was not the correct department to go to since she was already at the Building Department.) The complainant indicated she did not object to the Koehlers having a boathouse, but did object to the height which was so much higher than the properties directly to the south. (The ZBA conditions included a restriction to the maximum height at one-story, or 12 feet.) The Building Department clerical advised that the inspection record shows there was an inspection, since the notation on the card said "first inspection ok." No one knew whether or not the inspection approved the height of the structure. The property owner indicated she would correspond in writing since an Inspector did not appear to be available to discuss the nature of her problem. Copies to: ZBA Members (for info purposes) APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 August 17, 1988 Mr. James L. Gray Pudge Corporation Main Road Southold, NY 11971 Re: Appeal No. 3717 - Frederick Koehler, Jr. (Variance Dear Mr. Gray: In connection with the above Appeal, enclosed is a copy of a letter from the Suffolk County Department of Planning. Yours very truly, GERARD P. GOEHRINGER CHAI~N tr By Linda Kowalski Enclosure DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5513 LEE: I~'. KOPPELMAN DIRECTOR OF PLANNING August 12, 1988 Town of Southold Zoning Board of Appeals Applicant: Frederick Koehler, Jr. Mun. File No.: #3717~ S.C.P.D. File No.: SD-88-28 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: With the understanding that premises will be encumbered by appropriate use and developmental restrictions as set forth by the Zoning Board of Appeals. Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VIETERAN-"=i MEMORIAL HIGHWAY HAUPPAUGE. LI., NEW YORK 11788 ~OIL AND WATER CONSERVATION DISTRICT COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY ~'XI~CUTIVE 20, 1988 STANLEY A, F)AUZIrR DIS'r~ICT MANAGER Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer: As per your request, we have updated our assessment regarding Appeal No. 3717 - FREDERICK KOEHLER, JR., (Variance). A site inspection was conducted on May 19, 1988. As you mentioned in your letter, extensive regrading and construction of a timber retaining wall has occurred at the site. These activities have rectified the eroded and unstable bluff toe which was noted in our prior assessment dated June 26, 1987. Almost all of our concerns mentioned in the prior assessment have been addressed. Those remaining relate to final grades, surface runoff water management and re- vegetating. The existing grade landward of the new retaining wall is steeper than the recommended maximum 2:1 slope; however, the slope is vegetated with Rugosa rose and appears fairly stable. Therefore, the slope should not be disturbed unless a problem develops. Existing grades still channel surface runoff water to the south-east corner of the property, where access to the cabana is located. This area is very steep and could easily become eroded due to concentrated water flows. Instal- lation of a ~rywell or catch basin and outlet pipe could alleviate potential soil erosion problems in this area. In addition, the existing wooden plank walkway is a continuous slope without steps. This walkway is dangerously steep, especially when wet, and should be altered to reduce the steepness. Revegetating the slope has been completed except for a small area along the far north end of the new retaining wall. This area should be vegetated with peren- nial vegetation. I hope this information will be useful to you, if you require any additional information please contact our office. Sincerely yours, Thomas J. McMahon Senior Soil District Technician PECONIC Pi. AZA DEPARTMENT OF HEALTH SERVICES June 22, 1987 COUNTY OF SUFFOLK~l~ Michael A. LoGrande SUFFOLK COUNTY EX£CUTIVE DAVID HARRIS. M.D.. M.P.H. COMMISSIONER Ms. Linda Kowalski Board Secretary Southold Town Board of Appeals Main Road - State Road 25 Southold, New York 11971 Dear Ms. Kowalski: As per your telephone conversation of this date, with my secretary, returned herewith is your copy of the site plan for the proposed cabana pump station for Mr. and Mrs. Frederick Koehler. No inspections are required by this office; however, we are requesting that a certification letter, from a professional engineer, be submitted to this office for the installation. This approval does not include any water service installa- tion. Please note this approval has reference number 86S0-104. Should you have any additional questions, please feel free to contact this office. Very truly yours, Associate Public Health Engineer Bureau of Wastewater Management SAC:cah Enclosures COUNTY CENTER RIVERHEAD. Ny. t 1901 (516) 548-3312 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGORIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI May 16, 1988 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil & Water Conservation Peconic Plaza - Route 58 164 Old Country Road Riverhead, NY 11901 District Re: Appl. No. 3717 FREDERICK KOEHLER, JR. (Variance) (Prior Assessment Under Appeal No. 3496) Dear Mr. Pauzer: We presently have an application, amended from a previous submission during 1987, for the construction of an accessory boat-storage facility between two existing retaining structures as shown on the attached architectural renditions, lastly revised July 15, 1987, prepared by Samuels-Steelman Architects. Since your evaluation of the project last year, it is our understanding that extensive regrading has been done and placement of a retaining wall above the lO-ft, elevation was constructed. May we ask your updated assessment of this project and premises. The public hearing has been calendared for June 2, 1988; however, if you feel more time is necessary, please don't hesitate to let us know. Also enclosed for your file are copies of the Suffolk County Tax Map and pertinent material submitted with this (and the previous) application. Thank you for your time and assistance. Yours very truly, GERARD P. GOEHRINGER lk CHAIRMAN Enclosures Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SnUTHOLD, L.I., N.Y. llgT1 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS June 2~ 1E.88 GERARD P. GOEHRINGER, CHAIRMAN S . E . Q · R . A . CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3717 PROJECT NAME: FREDERI'CK KOEHLER 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: Acces~o~ys?tructure along exit-ting 5ulkhead at Cutchogue Harbor. LOCATION OF PROJECT: particularly knQwn as: 575 117-3-6 Town of Southold, Countv of Suffolk, more Old Harbor Ro~dt New S~fol~; NY' 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) Separating the project in que~ti.on from the waterfront or tidal area is other construction and~or a ~ulkh~ad in good cond~ti0n~ (13) The relief requested is~ a gethack variance ag regulated Secti~]l~ ~fA~J PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel 516- 765-1809 or 1802. ' · Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc NOTICE OF HEARING~, LLNOTICE IS HEREBY GI¥- I~ pursuaht t~igection 267 of t~' Town Law ~.~d the.Code of tl'~ Town Of:~ooUthold, the fi~lowing hearl~gg will 'be held I¢] the SouTHg[J~, TOWN Special Meefing;at 'file' Sb'ufilold Town Hall, ~ Main ~ Road, Southold, New York, on THURSD~ at tlm following times; 7:30 p.m;: Appl No.'3718- PATRICIA ~' SI~EONI~,R. Variance to !i~ ~ni~ .Or- 100-i19.2B for ~ to sufficient setlmf, k from ~xi~ting bglkhead. Loe. ation: bf lh, oper~ t.~ 470 Private Ro~No:~{off t~ south Side Of Road), SouthOld, bly; ~ Map Parcel No.~I000-~8-6-5 a~d 10.2 (now 10.3)~ ~:35 p.m. Appl. No. 3723- Variance to the Zoning Or- dnance, Article Xl, Section 100-11~2B for permission to construct deck addition at rear of dwelling with an insufficient setback from existing bulkhead at Budd's Pond, 1045 Budd's Pond Road, Southold, NY; Willow Point Subdivision Lot No 11; County Tax Map Parcel No. 1000-56-5-13.1 (or 13). 7:40 p.m. Appl. No. 3732- ROBERT ~. BIDWELL. Special Exception to the Zoning Ordinance, Article Ill, Section 1C,0-30B(14) for a Winery for the production and retail sale of wine produced from grapes primarily grown at the Bidwell Vineyards, premises located at the South Side of C.R. 48, Cutchogue, NY; County Tax Map Parcel No. 1000-96-4-4.3 (prey. p/o 4.1). ~ 7:45 p.m. Appl. No. 3717- FREDERICK KOEHLER~ JR. Variance to the Zoning Or- dinance, Article XI, Section~ 100-119.2B for .permission to locate accessory structure along existing bulkhead at Cutchogue Harbor, premises known as 575 Old Harbor Road, New Suffolk, NY; County 2hx Map Parcel No. 7:50 p.m. Appl. No. 3729g- "I~'~EORGE R. FURSE. Variances to the Zoning Ordinance, Arti- cle 111, Section 100-31, Bulk Schedule, lbr: (a) approval of in- sufficient lot area or proposed Lot No. 2; (b) approval of insuf- ficient lot depth of proposed Lot N6. 2; (c) approval of yard set- backs as apply from the new division line' to the existing dwellings. Location of Proper- ty: Right-of-way off Bell Hill Avenue, Fishers Island, NY; lll~_.~ounty_~ Ma~ Pamel NO.- COUNTY OF SUFFOLK ss: 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 ........ L~..d;''. ~ ....... da .ofi("~(~..~':':?<'?.~.."~7,] ........ , 19.4.d.'. ~ Sworn to before me this ..................... day of Notary Public BARBARA FORBES l~otary Public, ~ of New York Qualifi~l ia 8uf.~olk CounW NOTICE OF ltEARINGS NO~CE IS HEREBY GIVEN, ~ STA~ OF N~ YOR~ pursuant t ~S~nd' 26? of the Town La the Code of the Town of Southold~ the following hearings will be held by the SOUTHOLD TOWN BOARD QF APPEALS at a Special Meeting at the Southold Town tlall, Main Road, Southold, New York, on THURSDAY. JUNE 2. 19gg at the following times: 7:30 p.m. Appl. No. 3'718 - PATRICIA STEGNER. Variance to the Zoning Ordinance. Article XI. Section 100-119.2B for pennis- sion to locate new dwelling with an insufficient setback from exist- ing bulkhead, Location of Prop- eny: 470 Private Road #12 (off the South Side of Main Bayview Road), Southold, NY; County Tax Map Parcel No. 1000-78-6-5 and 10,2 (now 10.3). 7:35 p.m. AppL No. 372 ANGELO SPETSIOTFS Varia to the Zoning Ordinance, XI, Section 100-119.2B for t mission to construct deck addb at rear of dwelling with an insu: '[[nj u! l!sodap atp jo atp ~atJe s~ep (0£) ~(u!tp u!tp!~ puc 'UO!l!puoa poo~ u! 'suo!tea -!j!aadS puc s~tpt~mCi atp to tuma~ 96-4-4,3 (prev. plo 4.1). cient setback from existing bu 7:45 p.m. Appl. No. 3717 head at Budd's Pond, 1045 Bud /~ I:!~I:I~E ~.ICK KOEIILER JR, Vad Pond Road, Southold. NY; Will [ ~''''''~o~ing Ordinance, Point Suhd vision Lot #1 ~ a~¢e t.o.. ~ ,'..n 100-119.2B for County Tax Map Parcel No. 1~, / ucle .Xl:_~e~ locat~ accessory 56 5-13.1 or 13) perm~ss~ 7 40 ~ A' I No S~a~ ~ st~cture along existi, g bulkh~a RO~E~ . o.~ ..... · X at Cutchogue llarbor, premise L .......... wELl,, Specll } ~nown as 5~5 Old Harbor Rna Exception to the Zoning Ordi] ~; Suffok NY; County ax M [ nance, Article III, Section 100/ ~cw I No i000-11~-3-6. 30B(14) for a Wine~ for the P~'/ ' a%c:~'0' p-m Appl. No. 3729 - duction and retail sale of wine produced from grapes primarily ~e Zon~g Ordnance, Article 111, grown at the Bidwell Vineyards, Section 1~-31, Bulk Schedule for: promises l~aled at ~e South Side ...... of C.R. 48. Cmchogue, NY; CI~ ~unty T~ Map Par~l No. 1~- ~da Kowalski, Board Secreta~ COUNTY OF SUFFOLlq Christina contento of Mattltuck, In said County, being duly sworn, says that he/sha Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, publIshed at Mattituck, In the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed Is a printed copy, has been regularly published In said Newspaper once each week for 1 weeks successively, commencing on the 26 day of May 19 ~8 Principal Clerk Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 BnUTHDLD, L.I., N.Y, 11cj71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT .I. DOUGLASS ,IOSEPH H. SAWICKI 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 frae to 'call our office, 765-1809. Yours very tr,ulv_.~., ~ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk Copies mailed to the following 5/18/88: Mrs. Patricia Stegner, 91 Laurel Drive, Smithtown, NY 11787 Mr. Angelo Spetsiotes, 1045 Budd's Pond Road, Southold, NY 11971 Mr. Robert E. Bidwell 27 Montrose Place Melville, NY 11747 Mr. James Gray, Sr., P.O. Box 1465, Southold, NY 11971 (as Agent for Mr. Frederick Koehler) Stephen L. Ham, III, Esq. Matthews & Ham, 45 Hampton Road, as Attorneys for George R. Furse Southampton, NY 11968 and Estate of D. Russell Richard F. Lark, Esq., P.O. Box 973, Main Road, Cutchogue, NY 11935 John M. Wa§ner, Esq., Esseks, Hefter & Angel, 108 East Main Street, Riverhead, NY ll901 as Attorneys for Dorothy Abbott P.O. Box 279, Cliff's and Phil's Lobster House, Inc., 50 North Sea Drive, Southold, NY 11971 Robert A.M. Stern Architects, 211 West 61st Street, NY, as Agents for Mr. Russell Planitzer Mr. Charles Kadushin, 242 West 101 St., NY, NY 10025 NY 10023 Suffolk Times, Inc., P.O. Box F, Greenport, NY 11944 L.I. Traveler-Watchman, Traveler St., Southold, NY 11971 (Board'Members with copies of files 5/19/88) Building Dept., Planning Board, Bulletin Board JUDITH T TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 7654801 March 4, 1988 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3717 , application of Frederick Koehler, Je!;' 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 Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L,l., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Pursuant to Article XIII of the Suffolk County Board of Appeals of the Town of Southold, New York, the following to the Suffolk County Planning Variance from the Zoning Code, Article ×I , Variance from Determination of Southold Town Special Exception, Article , Section XX Charter, the hereby refers Commission: Section 100-119.2B Building Inspector Special Permit Appeal No.:3717 Applicant: FREDERICK KOEHLER, JR. Location of Affected Land:575 Old Harbor Road, New Suffolk, County Tax Map Item No.: 1000- 117-3-6 Within 500 feet of: Town or Village Boundary Line NY XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or State or Federally Owned Land Federal Park or or Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. or Drainage Established Channel Channel COMMENTS: Applicant is requesting permission to locate accessory ~n~ ~l~ng .existing bulkhead at Cutchogue Harbor Copies of Town file and related documents enclosed for your review. Dated: August 9, 1988 APPEALS BOARD MEMI~ERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ~C~,E~,T J. DC, U~,LACC JOSEPH H. SAWICKI Mr. James L. Gray Pudge Corporation Main Road Southold, NY 11971 Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'7'1 TELEPHONE (516) 765-1809 August 5, 1988 Re: Appeal No. 3717 - Frederick Koehler,'Jr. (Variance) Dear Mr. Gray: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to return to the Town Building Department for issuance of any permits and other approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, Enclosure Copy of Decision to: Building Department GERARD P. GOEHRINGER By Linda Kowalski TRANSCRIPT OF HEARING SOU~LD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, JUNE 2, 1988 Appl. NO. 3~17 Applicant(s): Frederick Koehler, Jr Location of Property: 575 Old Harbor Road, New Suffolk County Tax Map No. 1000- Board Members present: Chairman Goehringer P. Goehringer, Members: Doyen, Douglass, Grigonis and Sawicki. Also Present: Victor Lessard, Building Inspector and Linda Kowalski, Secretary of Zoning Board of Appeals. The Chairman opened the hearing 8:08 o'clock p.m. and read the legal notice for the record. Motion was granted to waive the reading of the application. CHAIRMAN GOEHRINGER: I have a copy of th~ plans from the applicant. And I just wanted to mention for the record that there has been a prior appeal on this and we're talking about a parcel just under 3 acres. Mr. Gray, would you like to be heard? MR.,GRAY: My name is Jim Gray and i'm going to represent Mr. Koehler because he's in China 'and he wanted to build this as an accessory building for boat supplies, boat sales. Whatever you want to say. And the place for the kids who are entertaining have a place to change downstairs. That's about it. CHAIRMAN GOEHRINGER: Ok. In reviewing the plan, we noticed that it is really the same plan as the last plan except that they changed the word Cabana to Boat Storage and deck. It is my opinion, not the Board's because I am the only one... I'm speaking, I'm not speaking for the Board. I'm speaking for myself now as a member of this Board, that a building does not specific represent a boat storage building. We have most recently granted boat storage build- ings. Not a heck of a lot of them but we did one in Nassau Point for a person by the name of Mazzo. It was quite a bit smaller than this. There wasn't as much deck area and this just doesn't give us the effect of being a boat storage building. It looks more like a small house to be honest with you. That's just my opinion on the situation. I don't know how the Board feels about it. MR. GRAY: Well, he's going to do a nice job on it. It's not going to be house. There's not going to be living quarters. They are not going to do no trucking at all down there. There will be no bathrooms down there. It's going to be a place where people can change and sit and relax. CHAIRMAN GOEHRINGER: I know you're at a disadvantage here with him being in a foreign country and so on and so forth. TAPE ENDED CHAIRMAN GOEHRINGER: I don't know what to suggest to you at this point. I really don't. I don't know how the Board feels about it. If you want us to go with it, we'll go with it and see what happens. Page 2 - Thursday, Ne 2, 1988 Public Hearing - ~rick Koehler, Southold Zoning Board of Appeals ~. GRAY: It's going to be a beach house where they can come down and sit around on chairs and put their umbrella. There will be no living quarters. There will be no cooking, no laboratories. So it's going to be a storage building. When they close up, they're going to put everything in there and slam the doors shut. It will be very attractive on the outside. CHAIRMAN GOEHRINGER: Alright. We'll go with it and see what hap- pens. We have the application before us so we'll see what happens. MR. GRAY: I just want to say that if you do feel favorably to it, this Mr. Koehler is a very generous man. He started a school 25 years ago for young boys, nine years through eighteen years of age on the streets. It's called" of the Angels" in Syosset. And he has quite a gathering of sisters and priests out there once a year. And if you're going to favor it, I'd like an okay as soon as possible so they can build it. They have a deck down there and they'd like to put that up so the sisters can have a place. There will be no boys out there. Just the sisters that do all the work in the school. The school has been built up. He's very generous. So I'd like the Board to consider that if they do feel in favor of it, to give me an okay as soon as possible so we can get it up by July 15th. CHAIRMAN GOEHRINGER: Ok. Well, we thank you for coming in. We thank you for representing him. We'll see what we can do. MR. GRAY: Thank you very much. CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the ap- plication? Questions from Board members? Hearing no further ques- tions, I'll make a motion closing the hearing and reserving decision until later. Ail in favor - AYE. BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter of the Petition of : : Frederick Koehl~r: .lr : to the Board of Appeals of the Town of Southold : TO: Ms. Mary Benbow 2000 Lookout Court Winston, Salem, NC 27106 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 (Variance) ~X~~i&I:I~iI(~Ifa/~X~-,vt~XXX~(e~;~/~(zv~x~C~xXx ). 2. That the property which is the subject o~f~th.e. Pql~itioo. is located adjacent to your property and is des- cribed as follows: 01d Harbor Road, New SUTTOIK New l[OrK Also known as Section 117,Block 3, Lots 5 & 6 3. That the property which is the subject of such Petition is located in the following zoning district: AR ~0 4. That by such Petition, the undersigned will request the following relief: A varience to construct an accessar.v Duildinq behind bulkhead line $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XI SectionJD0-119.2 & ARt I. Section 97-13 ( A-3 ) [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-wRy. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there exami~ the same during regular office hours. (516) 765-1809. ' (7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:' February 5. 1988 Petitioner Owners'Names: Frederick J. Koehler, Jr. Post Office Address C/O Bud Realt~ 108 Allen Boulevard Far,in,dale, New York Tel. No. ( ) ,[Copy of sketch or ~urposes.] plan showing proposal to be attached for convenience PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Ms. Mary Benbow 2000 Lookout Court Winston, Salem NC 27106 Mr. & Mrs. Douglas Whelan 9111 Don Mills San Antonio TX 78200 Mr. James Given III 57 High Farms Road · West Hartford, CT 06107 Mr. & Mrs. Richard Kirk Guiton 109 Lynbrook Avenue .Poi. nt LOokout, New York 11569 Ms Elizabeth Whelan Box 148 Jtew Suffolk, New York 11956 o to ,.:: ,~ '/cZ' STATE OF NEW YORK COUNTY OF SUFFOLK ) SS.: ) Jill M. Andrade , residing at P.O. Box 147 975 Navy STreet~ Orient New York 11957 , being duly sworn, depOSeS and says that on the ~ day of-E:O~iq~i:i~T I~~ .19 88 , deponent ma ed a true Copy of the Notice set forth on 'the re- verse side hereof, directed to each of the above-named persons at the add~es~e~ set opposite their respective names; that the addresses set opposite the names of said persons are the ~ddresSes of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southol d. New York 1 ]971 ; that said Notices were m~iled to each of said persons by (certified) (rRKi~N~'R(qX mail. Sworn to before me this '¥' day of Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTliOLD, N.Y. NOTICE OF DISAPPROVAL ~~~.. ~..~.,..~.~.~.~ .... PLEASE TAKE NOTICE that your appl cat on dated .~~. ~.~ ........ 19 ~ LocatonorProperty ~7~ ~& H,~ ~ ~ County Tax Map No. 1000 Sectiou . .'. 1.1..~ ...... Block .... ~.~ ...... Lot . . .~.~. ....... Subdivision ................. Filed Map No ................. Lot No .................. ~ ..... ~ ............ .~ ...... ~..~.~.....~:~....~.:.~~.. ~:~ ~ ./"~ "~ov ............................. _ .~ .~.~ .......... Building Inspector RV 1/80 (bi I~ any quao~on boa boon onm~or~,d Y,::~ tim u'o~cct ~'z~y L,: :lt;?J~rlcor,~ nnd ,' cc~p~ocod ~nvlronmonc~ A~uo~mun~ Fo~ 1:~ neccu~ar7. (¢) I~ ~1 qu~tton~ havo boon an~uer'c,J ~o~ ~gntflcan~, 1, W~i proJccc ro~ In o ~nr'~o physical clu, ngo th~n ~0 ~crca o~ l~nd? , , , ' ' , _ 7~.::XX 2, ~111 thoro bo n ~Jor chang~ to awl ,mlquo or unuuuul ~and fo~ found on tho ~lr.c? , an oxlu%ln~ body of wutur? ..... ~* W~I proJact have a potunttally hr~v~ gro~dwotcr quaZtty7 , , , , . . . 6, Will project ~ffoct nny thruat,:n,.I or cndai yJ r , "plant or anir.~l ~pcciou'? . . __~ U~i projoe% rest~t in n ~rajcr ndv,~r,.,,, air quall%y? ~ . ~ . , .... g, W~l project hava 'a tmJor of/oct Ca kno~ ~o bo /~por~aat to ~ho co;nr,.r,.t%77 * · * 7 9, Will pro3oct advorooly i~pact uny ~!t., cra of historic, pro-historic, or pnloonto~o~lcu[ o~vironm~n~l aroa by fl local ai{uncy? · * * ... 10. W~i proJoct havon ~Jor affoe% on oxlut~ or future rocrcatlonal opport~qtttou'~ ' * ' ~11. Will proJoc~.rasult' iii r~%Jof ir:il'fie ". XX 12. Will projoct ro~t~arly cau:;o ,,I) l,tctiun;dde 1), Will projocb have any impact on pub] lc hc/l).th tlr '~ XX lA. %';~1~ proJoct ~,ff~Ct tho uxl:~l~uj: co,,m,ml%y b7 I~ there public COII%I'OVHYtIy CiJlli'~:l'iltl,,' ,,,,,.. '- ..... QUEST[O;INA[RE TO BE CO;'IPLETED AND SUBH[TTED WITH YOUR APPLICATION FORHS TO TIlE BOARD OF A~?ALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict ~hese areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. *b) 3. 4. Are there any proposals to change or alter land contours? Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by ~n Code, Ch. 97 for your reference.) there any areas open to a waterway without bulkhead? Are there existing structures at or below ground level, such as patios, foundations, etc? Are theFe a~is~ing or proposed fences, concrete barriers~,.~eck's~ etc? . If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State .total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground~l? State total: ft. Are there other premises under your Ownership abutting this parcel? If ~es, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership,'if any)? State Permit ~ and Nature: Yes · Yes Yes Yes Yes Yes Yes 9. Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning. Board Town Board Town TrUstees County Health Department Village' Of Greenport N.¥.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). ll. Is new construction proposed in the area of contours at 5 feet or less as exists? 12; If new construction is proposed in an area within 75 feet of wetland grasses, or land area at a~ eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch'. 97 of the Town Code? 13. Please list present use or operations ~onducted upon the subject prpperty at this time and proposed *Please submit photographs for the record. certify that J;he abovejtat~lents are true and Ir~ance/iby t~ ~o~qd of/~pp~als in considering Signature (Property Owneff~Jt (Authorized~genK) are being submitted my application. Yes 'Yes Yes Yes Yes 'Yes Yes Yes. '(~) Yes ~ Yes :~'Nc: for · C. § 97-13 WETLAN~)S § 97-13 TOWN ~ The Town of Southold. TRUSTEES -- Tho Bonrd of Trustees of the Town of $outhold, [Added 6-5-84 by L,L. No. 6-198,1J WETLANDS [Amended 8-26-76 Ity L.L. No, 2-1976; 3-26- 85 by L.L, No, 6-1985]: A, TIDAL WETLANDS: (I) All lands generally covered or intermitteutly cov- ered with, or which border on, tidal waters, or'lands lying beneath tidal waters, which at mean Iow thie are covered by tidal wator~ to a maximum depth ot five (5) feet, includin~ but not limited to banks, bogs. salt marsh, Swamps, meadows, flat~ or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats ami tidal 'marsh : subject to such tides and upon wlfich grows or may grow some or any. of the following: salt hay, black grass, saltworts, sea lavender, tall cord~russ, hi~.h bush, cattails, groundsel, marshmallow and Iow march cordgrass; and/or (3) All land immediately adjacent to a tidal wethmd as defined iu Subsection Al2) and lying within seven- ty-five (75) feet bmdward of the m.:~t laudv.'ard edge of such n tidal wetland. FRESIIWATER WETLANDS: (1) "Freshwater wetlands" as defined iu Article 2.1. Ti- fie 1, § 2-I-0107~ 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 "freshwaler wet- !anti," as defiued ill Subsection Il(1) and lying with- In seventy-five (75) feet landward of the most laud- ward edge of a "freshwater wetland." 9705 LA~v~ r~O I / V~ 9'?~. ~ ~ To? ~"~ ,iv, 11 ~/~,~ ~