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HomeMy WebLinkAbout3758 APPEALS BOARD MEMBERS GERARD P. GOt[HRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, I_.1., N.Y. ]197] TELEPHONE (516) 765 1809 ACTION OF THE BOARD OF APPEALS Application of THEODORE KUDLINSKI, JR. for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct open deck addition with an insufficient rearyard setback from existing dwelling, at premises known as 605 Highwood Road, "Highwood at Bayview" Subdivision Lot No. 8, Southold, NY; County Tax Map Parcel ID No. 1000-78-9-50. WHEREAS, a public hearing was held and concluded on October 6, 1988 in the Matter of the Application of THEODORE KUDLINSKI, JR. under Application No. 3758; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the east side of Highwood Road (House #605), approximately 550 feet south of North Bayview Road in the Hamlet of Southold, Town of Southold, and more particularly shown on the Suffolk County Tax Maps as District 1000, Section 78, Block 9, Lot 50. 2. The subject premises is located in the "A" Residential and Agricultural Zoning District, contains a total lot area of 20,399 sq.ft, and is improved with a single-family dwelling structure as shown on the March 20, 1984 survey prepared by Roderick VanTuyl, P.C. Page 2 - Appeal No. 3758 - Theodore Kudlinski Decision Rendered October 26, 1988 3. Article III, Section 100-31, Bulk Schedule, Column "A" of the Zoning Code requires a minimum rearyard setback at 35 feet for a principal dwelling structure. 4. The relief requested by this application is specifically a variance from the required 35 feet to 28 feet for the construction of a 12-ft. by 36 ft. attached open deck. 5. The dwelling as exists is shown to be set back 40 feet from the rear property line and 35.7 feet from the front property line, at its closest point. 6. It is noted that the lot in question is nonconforming as to lot area and lot depth, limiting the most practical building area. 7. In considering this application, the Board also finds and determines: (a) the relief requested is not substantial under the circumstances; (b) the relief if granted as requested will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all of the above factors, the interests of justice will be served by granting the relief, requested and conditionally noted below. as Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3758 for a 12' by 36' wide open deck with an insufficient rearyard setback at 28 feet, as applied in the Matter of the Application of THEODORE KUDLINSKI, JR. under Appeal No. 3758, AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck remain open and unroofed, as applied; 2. That any and all lighting be shielded to the property. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Members Sawicki and Doyen were absent, due to serious family illness. ) This resolution was duly adopted. GERARD Pi q~OE'HR'ENGER, C~IRMAN RECEIVED AND FILED BY THE SOUTHOLD TOYTN DATE '//~/~' HOUR Town Clerk, Town of Southold APPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. JOSEPH H, SAWlCKI NOTICE IS Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L,I.. N.Y. 11971 TELEPHONE (516) 765-1809 NOTICE OF HEARINGS HEREBY GI~N, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY~ OCTOBER 6, 1988 at the following times: 7:35 p.m. Appl. No. 3765 - JOSEPH SPITALIERE for a Variance to the Zoning Ordinance, Article III, Section 100-31 for the placement of a new dwelling structure with a reduced setback from the front property line. Location of Property: Right-of-way located along the east side of Cedar Beach Drive, Southold, (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as 1000-90-4-14. 7:40 p.m. Appl. No. 3768 - FRANK AND SANDRA CURRAN for a Variance to the Zoning Ordinance, Article III, Section 100-31 for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage (over Page 2 - Notice of Hearings ~ Regular Meeting of October 6, 1988 Southold Town Board of Appeals 20 percent), at premises known as 780 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01-016. 7:45 p.m. Appl. No. 3763 - JOHN J. JESSUP for a Variance to the Zoning Ordinance, Article III, Section 100-31 for construction of an addition at the westerly side oi the existing dwelling with a reduction in the total known as 90 East Road, Cutchogue, NY; 1000-110-7-15. sideyards, at premises County Tax Map Parcel No. 7:50 p.m. Appl. No. 3759 - TONY SCARMATO, INC. for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for approval of gazebo structure with an insufficient setback from an existing bulkhead along Peconic Bay, at premises known as 235 Huckelberr¥ Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. 7:55 p.m. Appl. No. 3755SE - TIMOTHY COFFEY AND THE COVE AT SOUTHOLD, INC. Special Exception to the Zoning Ordinance, Article III, Section 100-30C, for permission to erect Page 3 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals off-premises sign. Location of Property: South Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3. (Recessed from Prior Meeting). 8:00 p.m. Appl. No. 3758 - THEODORE KUDLINSKI, JR. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct open deck addition with an insufficient 605 rearyard setback from existing dwelling, at premises known as Highwood Road, "Highwood at Bayview" Subdivision Lot No. 8, Southold, NY; County Tax Map Parcel No. 1000-78-9-50. 8:05 p.m. ELSIE D. YOUNG. Appl. No. 3760SE - Special Exception to the Zoning Ordinance for permission to establish Accessory Apartment in an existing dwelling structure in accordance with the requirements of Article III, Section 100-30B, subsection 15. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-1-10.3. Appl. No. 3761-V - Variance to the Zoning Page 4 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals Ordinance, Article III, Section 100-30B(15){M] to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of Building Inspector indicates dwelling met the requirements for a Certificate of Occupancy had application been made in a timely fashion. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-01-10.3. 8:15 p.m. JOHN T. BEEBE - Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of two propQsed parcels in this proposed set-off division of land, located along Beebe Drive, Cutchogue, NY; County Tax Map Parcel No. 1000-103-3-part of Lot 5. 8:20 p.m. ROBERT AND DIANNA BAKER. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-55-6-9. Page 5 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:30 p.m. Appl. No. 3779 - PETER AND DESPINA MARKOPOULOS for a Variance to the Zoning Ordinance, Article III, Section 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of structure(s) with reduced sideyards, at premises known as Lot ~16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24. 8:40 p.m. Appl. No. 3769SE - CUTCHOGUE FARMS LTD. (a/k/a GRISTINA VINEYARDS). Special Exception to the Zoning Ordinance~ Article III, Section 100-30B for permission to establish Winery, at premises located along the north sid~ of the Main Road, Cutchogua, NY; County Tax Map Parcel No. 1000-109-01-13. 8:50 p.m. Appl. the Zoning Ordinance, Section 100-119.1 for No. 3764 - DENIS O'BRIEN for Variances to Article III, Section 100-31 and Article XI, permission to erect tennis court with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premlses identified on the Suffolk County Tax Maps as District 1000, Section 3, Block 3, Lot 3.5, along Private Road, Fishers Island, NY. Page 6 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:55 p.m. Appl. No. 3778 - BRETT AND JANET KF/4L- Variance to the Zoning Ordinance, Article III, Section 100-32 and removal of Conditions rendered under Appeal No. 3641 on June 18, 1987 in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. - 9:05 p.m. Appl. No. 3774SE - H & S ASSOCIATES Special Exception to the Zoning Code, Article VII, Section 100-70B for permission to construct addition to existing building, (maintaining the westerly yard setback),~for use partly for sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-2-24. 9:15 p.m. Appl. No. 3776 - HOWARD AND MARGARET BRODIS. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(15) for permission to establish Accessory Apartment in a proposed addition to existing dwelling, at premises known as 435 Eastward Ct., Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. Page 7 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski Notice to Newspapers: Please publish the above Legal Notice once, to wit, Thursday, September 29, 1988 and forward 11 Affidavits of Publication to: Board of Appeals, Main Road, Southold, NY 11971. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTEIOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ..... <'.~ r¢.~ ..~ ........... 1 9 .? ~.. 1 for permit to construct..c~-..~.c~...c2.~~ ................................... at Locat,onof~rop~rty...~.e.C ..... ,~.'..7.4.~.....~..'-. ..... ~&. ...... ~ouse No, Street Ham et County Tax Map No. lO00 Section .............. Block .............. Lot .............. Subdivision ................ Filed Map No ................. Lot No..~-~ ............. ~ ~..F...~..,.~ ....v. ~.~,.. ~~.~.~.x..~..~.~..q...~. ~, r~5', .o:%,...~...z4...~...~,-~... _ ..-. ~..~....'.'2~.. :. ~..~..., ........................... Building Inspector RVt~O 'FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N.Y. 11971 TEL.: 765-1803 Examined ................ 19... Approved ................. 19... Permit No ............ BOARP OF HEALTH 3 oF PLANS SURVEY .......... CHECK ~ff~ ..... SEPTIC FORM ............. NOTIFY CALL ................ Disapproved a/c ..................................... (Bui/ding Inspector) APPLICATION FOR BUILDING PERMIT Date ................... 19... INSTRUCTIONS a. Tins application must be completely fried in by wpewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee accord/ng to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving 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 issued a Building Permit to the applicant. Such permk shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy 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, building code, housing code, and regulations, and ro admit authorized inspectors on premises and in building for necessary .... inspections...'~-.-~2r.~z~ .,~/', .~./- .~-- ............ (Signature of applicant, or name, if4/corporation) (Mailing address of applicant) State whether applicant Is owner, lessee, agent, architect, engmeer, general ~ontmctor, electrician, plumber or builder. .... ..................................................... - ............................ Name of owner of premises . ..~. ~oDO. Z~ .~.....~.~'..O.cT.~.X. I~. t- '~'~'' ..................................... (as on the rax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) ALL CONTRACTOR'S MUST BE SUFFOLK COUNTIr Builder's License No... ~ ............... LICENSED Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... 1. Location of land on which proposed work will be done ................................................. ~..~ H t e,-/4- W o o.D '1'~' O.-q-..!;:).., SO t/T ~ O L_I::::, House Number Street Hamlet County Tax Map No. 1000 Section '~ ~ Block ....... .~ Lot.. '-~ O Subdivision ..................................... Filed Map No ............. Lot {Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: E ~ F,4M¢c a. Existing use and ocCupancy . . .(~.~.~ ......... ~- ........................... ;..; .~..: ................. b. Intended use and occupancy d>c-'TD~b'/~. DEC[K ' - ' '*' 3. Nature of work (check which., plicable): New Build, ring .......... A :tion .......... Alteration ........ ~.~ Repair .............. Removal ....... Demolition .............. Other Work . .~. ~.C ~.~. ...... .~f..~.~ i (Description) 4. Estimated Cost . .O., ?.-~-~. ........................ Fee (to be paid on filing this application) 5. If dwelling, number o f dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars ........................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use 7. D:menmons o, ex~stmg structures, ~f any. Front... ~.0 ......... Rear . ~f/.V ........ Depth i ~i~ '/ .......... Height ............... Number of Stories . ~2d/. -E~ ................................................. Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ....................... 8. Dimensions of entire new construction: Front .... 3.~....' ..... Rear . 3.(~ .' .......... Depth .~ .............. Height .. lr.~. ~.t ......... Number of Stories ........................................................ 9. Size of lot: Front ../5($'.t. .............. Rear ,. {.~.~.,.7...Y' ............. Depth /[~.,i.~ .............. '. !0. Date of Purchase . . ~//~}t. l~.~,~. ................ Name of Former Owner }&.. ~.~'..~g~./~/~.d~S ....... 11. Zone or use district in which premises are situated ..................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: . ~.0. ............................ 13. W/Il lot be regraded ............................ Will excess filI be removed from premises: Yes No I4. Name of Owner of premises .................... Address ................... Phone No ................ Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Phone No.. 2/ ............. 15. Is this property located within 300 feet of a tidal wetland? *Yes ..... No ~ .... *If yes, Southold Town Trusnees Permit maybe required. PLO~F DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to ¢e¢. d, and show street names and indicate whether interior or corner lot. ~ ~_~. . STATE OF NEW YORK, S.S COUNtrY OF ................. ................................................. being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. He is the ......................................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make mud file tiffs application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ............. .~. ..... ;...day of...~"~Z%e..... ........... ,19 ?ff Notary Public .... ~2~.~... ~~.. Coun~ f'IOTARY PU6LIC. S~ate ef New YIN'k TOWN OF $OU~HOL~, ~1~ ~ APPEAL FROM DECISION OF BUILDING INSPECTO~L ~ '~8 APPEAL NO. ~ "'~'~"-~ J;J [P "~' DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF S~THOLD, N. Y 1, (W~,..¢..~.~LG..~.~m.~f .....~.~ ..... ~Q.~ ..... Name of Appellant Stree~ Number ........................................................... .............. ~ Municipoli~ 5tote THE ZONING BOARD OF APP~LS FROM THE DECISION oF THE BUILDING INSPECTOR ON APPLICATION FOE ~RMIT NO ..................................... DATED ~.~.~.,.~.~.~.,.L~.~... WHEREBY THE BUILDING INSPECTOR DEN ED TO - ....... ~ome of ~pplicont for permit ........ ........ ........ Street and ~mber State / Municipali~ ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ~..~.~. ....... ~.~.~x..qQ.~..~...C~......~..~..~ .............. · Stge.~t /Hamlet / Use District on Zonin~ '~;~ District lO00 Section?~Block~ Lot~C~ r ' ~ e~ ' ~ ........................................................................ , ........ bur en~ ~n r Im~m~ ~. [~),n~ d~ Map No. ~ Lot No ~ Prior 0wner.~o~¢~~ ~C~CL~v 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the A~icle S~Cfi~, ~- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi.nanae.) Article iL~ Section ./O~ * ~ ) 3 TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (/--~A VARIANCE to the Zoning Ordinance or Zoning Map I ) A VARIANCE due to Pack of access (State of New York Town Law Chop. 62 Cons, Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (hosing.has n~o~)--been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for a variance and was made n Appeal Na ............................... Doted ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~ A Variance ~o the Zoning Ordinance ( ) is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE"ORDINANCE would produce practJcaJ difficulties or u~neces- 2. The hardship created is UNIQUE and is not shared by ali properties alike in the immediate vicinity of this property and in this use district because J~c- -i~ -'~¢~. )GC~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because f '~ ~u..\ ~ ¥ ~-~-~.4 ~ ~ STATE OF NEW.., YORK ) TOWN OF $OUTHOLD OWNER STREET PROPERTY RECO~:D CARD VILLAGE E W SUB. LOT FORMER OWNER N RES. ,iD ILl, LAND ) J AGE NEW FARM Tillable IMP. / TOTAL NORMAL Acre Woodland Meodowlond House Plot Total TYPE OF BUILDING FARM I COMM, CB. ~lCS, Mkt, Vo~ BUILDING CONDITION BELOW ABOVE Value Per Acre Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK COLOR TRIM Extension Extension Porch Porch Breezeway Garage Patio Total ?'/? Basement Ext, Walls Fire Type Roof RecreQtion Room Dormer Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway Dinette DR. BR. FIN. B '7 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS REGULAR HEARING OF THURSDAY, OCTOBER 6, 1988 Appl. No.: 3758 Applicant(s): THEODORE KUDLINSKI, JR. Location of Property: 605 Highwood Road, Tax Map ID No.: 1000- 78-9-50 Southold October 6, 1988 Regular Meeting Present were: Chairman Gerard P. Goehringer; Member Charles Grigonis, Jr.; Member Serge Doyen, Jr.; Member James Dinizio, Jr. Absent was: Member Sawicki (due to serious family illness). Also present were: Board Assistant Linda Kowalski, and approximately 40 persons in the audience. The Chairman read the Legal Notice for this hearing, as published in the suffolk Times and L.I. Traveler-Watchman, Inc. CHAIRMAN GOEHRINGER: I have a copy of survey produced'by Roderick VanTuyl P.C. dated November 1, 1983 ,indicating a one-family house pencilled in the rear is a deck approximately 12 by 36, approxi- mately 28 feet from the rear property line. And I have a copy of the Suffolk County Tax Map indicating this and surrounding proper- ties in the area. Is there somebody that would like to be heard? Is ~r. Kudlinski here? Yes. MR. WILENSKI: I'm his neighbor. He was called out of town. They had to go to a college with his son. So I came here at short notice. ,/CHAIRMA}~ GOEHRINGER: We are very rarely and this Board is really not an accusatory Board~ But could you explain to us how that deck is built already and has gotten there and so on and so forth? Are you familiar with that at all? MR. WILENSKI: Yes. It's attached to the back of his house. It has 4 by 4 footings into the ground with cement. I think it's 1 by 6'CVX planking with a rail around it. CHAIRMAN GOEHRINGER: Was a building permit applied for for the construction of this? MR. WILENSKI: That I could not answer. CHAIRM3%N GOEHRINGER: Ok. And he has no intention of roofing it in anyway. MR. WILENSKI: None whatsoever. CHAIRMAN GOEHRINGER:' We thank you very much for coming in for him. Is there anybody else who would like to speak in favor of this ap- plication? Anybody like to speak against the application? I should Page 2 - Thursday~ O~ober 6, 1988 Public Hearing - TH~ORE KUDLINSKI, JR. $outhold To%,~ Zonging Board of Appeals CHAIR~AN GOEHRINGER (continued): pause in between. Please feel free if anybody wants to raise their hand in the meantime. I apologize. Hearing no further questions, I'll make a motion closing the hearing reserving decision until later. Ail in favor - AYE. t~ F' CI-',ICACO TITLE ............. COMPANY (,.,.C) ~',.? · RODERICK VAN__T.U_YL. PmC ...... , .......... . L'CENSE LAND S.RVEYORS ~/- C.. GREENPORT NEW YORK l --- SUFFOLK CO, HEALTH DEPT. APVROVA_L H.S. NO. -- "-'~ ·'' · STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL j SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO. DEPT. OF HEALTH SERVICES. {S} APPLICANT SUFFOLK COUNTY DEPT. OF HEALTH SERVICES -- FOR APPROVAL OF CONSTRUCTION ONLY DA;rE: H. S. REF. NO.; APPR O V E D: · SUFFOLK CO. TAX MAP DESIGNATION: DIST. SECT. BLOCK ' PCL. IooO 078 ? Ko 'OWNERS ADDRESS: DEED: L ..... P. ~-~ ~ TEST HOLE STAMP '~,~ SEAL J PENNY LUMBER G#EENI,QIW', NY, 11B44 'l't% I'O ~+~E~ e ~ ~ ~t~ ~ ~ ~ ~ ~/~/~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 APPEALS BOARD MEMBERS October 6, TELEPHONE (516) 765-1809 1988 GERARD P. GOEHRINGER, CHAIRMAN ~. E. Q. R. A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H, SAWlCKI Notice of Determination of Non-SignificancR APPEAL NO.: 3758 PROJECT NAME: THEODORE KUDLINSKI, JR. 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 slgfilfl- 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: Construct open-deck addition with insufficient rearyard setback from existing dwelling LOCATION OF PROJECT: To~n of Southold, County of, Suffolk, particularly kngwn as: 605 Highwood Road, Southol~, NY 78-9-50 more REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR. SEQRA. FOR FURTHER INFORMATION, PLEASE CONTACT: 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 HEARINGS NOTICE 1S 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 APPEAL at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, OCTOBER 6, 1988, at the following times: 7:35 p.m. Appl. No. 3765-- JOSEPH SPITALIERE for a Variance to the Zoning Ordi- nance, Article Ill, Section 100-31 for the placement of a new dwelling structure with a re- duced setback from the front property line. Location of Pro- perty: Right-of-way located along the east side of Cedar Beach Drive, Southold, (just south of General Wayne Inn) and extending in an easterly and thence southerly di~ction to this parcel identified on the Suffolk County Tax Maps as. 1000-90-4-14. 7:40 p.m. Appl. No. 3768-- FRANK AND SANDRA CUR- RAN for a Variance to the Zon- ing Ordinance, Article Ill, Sec- tion 100-31 for construction of a pool with deck and fence en- closure with an insufficient frontyard setback and excessive lot coverage (over 20 percent), at premises known as 780 Hay- waters Road, Cutchogue, NY; County Tax Map Parcel No: 1000-111-01-016. 7:45 p.m. Appl. No. 3763-- JOHN J. JESSUP for a Vari- ance to the Zoning Ordinance, Article Ill, Section 100-31 for construction of an addition at the westerly side of the existing dwelling with a reduction in the total sideyards, at premises known as 90 East Road, Cutch- ogue, NY; County Tax Map Par- cel No. 1000-110-7-15. 7:50 p.m. Appl. No. 3759-- TONY SCARMAiO. INC. for a Variance to the Zoning Ordi- nance. Article XI, Section 100-119.2 for approval of gazebo structure with an insufficient& setback from an existing bulk-'~' head along Peconic Bay, at pre- mises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. 7:55 p.m. Appl. No. 3755SE --TIMOTHY COFFEY AND THE COVE AT SOUTHOLD, INC. Special Exception to the Zoning Ordinance, Article 111, Section 100-30C, for permission to erect off-premises sign. Loca- tion of Property: South Side of Main Road, Southold, NY; County Tax Map Parcel No. I000-75-06-7.3. (Recessed from Prior Meeting). JR. Variance to the Zoning Ordinance, Article Ill, Section 100-31 for permission to con- struct open deck addition with an insufficient rearyard setback from existing dwelling, at pre- mises known as 605 Highwood Road, "Highwood at Bayview" Subdivision Lot No. 8, Southold, NY; County Tax Map k..._Parcel No. 1000-78-9-50. ~ 8:05 p.m. ELSIE D. YOUNG. Appl. No. 3760SE--Special Exception to the Zoning Ordi- nance for permission to estab- lish Accessory Apartment in an existing dwelling structure in ac- cordance with the requirements of Article II1, Section 100-3015, subsection 15. Location of Pro- petty: 480 Grisson Lane, Southold, NY; County Tax Map Parcel No. 1000-78-1-10.3. Appl. No. 3761-V--Varian.ce to the Zoning Ordinance, Arti- cle lIl, Section 100-30B(15)[M] to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of Building Inspector indicates dwelling met the requirements for a Certificate of Occupancy had application been made in a timely fashion. Location of Property: 480 Gris- son Lane, Southold, NY; Coun- ty Tax Map Parcel No. 1000-78-01-10.3. 8:15 p.m. JOHN T. BEEBE-- Ifi~ Variances to the Zoning Ordi- nance, Article 111, Section 100-31 for approval of insuffi- cient area and width of two pro- posed parcels in this proposed set-off division of land, located · il along Beebe Drive, Cuteh0gue, ,ct: NY; County.-Tax'Map Parcel i~o. 1000q03-3-part of Lot 5. 8:20 p.m. ROBERT AND DI- ANNA BAKER. Special Excep- tion to the Zoning Ordinance, Article Ill, Section 100-30B(16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Ave- nue, Southold, NY; County Tax Map Parcel No. 1000-55-6-9. 8:30 p.m. Appl. No. 3779-- PETER AND DESPINA MAR- KOPOULOS for a Variance to the Zoning Ordinance, Article 111, Section 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of struc- ture(s) with reduced sideyards, at premises known as Lot #16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-I-24. 8:40 p.m. Ap~p. No. 3769SE--CUTCHOGUF, /k a RI - ~. Special Exception to the Zoning Ordi- nance, Article II1, Section 100-30B for permission t~ estab~ lish Winery, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-01-13. 8:50 p.m. Appl. No. 37i,4 - DENIS O'BRIEN for Variances to the Zoning Ordinance, Arti- cle 111, Section 100-31 and Ar- ticle XI, Section 100-119.1 for permission to erect tennis court with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suf- folk County Tax Maps as Dis- trict 1000, Section 3, Block 3, Lot 3 5 along Private Road,. Fishers Island, NY. 8:55 p.m. Appl. No. 3778~ .B.R ~TT AND.JANET KEHL-- Variance to the Zoning Ordi- nance, Article Ill, Section 100-32 and removal of Condi- tions rendered under Appeal No. 3641 on June 18, 1987 in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. 9:05 p.m. Appl. No. : 3774SE--H & S ASSOCIATES, Special Exception to the Zoning ' Code, Article VII, Section 100-70B for permission to con- A struct addition to existingq~ building, (maintaining the west- 'l erly yard setback) for ~se part- ly for sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue' NY; County Tax Map Parcel No. 1000-102-2-24. 9:15 p.m. Appl. No. 3776-- HOWARD AND MARGARET BRODIS. Special Exception to the Zoning Ordinance, Article Ill, Section 100-30B(15) for per- mission to establish Accessory Apartment in a proposed addi- tion to existing dwelling, at pre- mises known as 435 Eastward Ct., Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time al- lotted. For more information, please call 765-1809. Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski IX, 9/29/88 (50) ~COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ....................... /.. ·. weeks successively, commencing on the r~ Sworn to before me this c~c'~ c~ ......... day of .... ..... Notary Pbl:)lic KA ctl W. ~;OEI~GE$~ON Main Road, Southold, NY; [ south side o! ~ouna ueacn !..e, gal Notices NOTICE OF HEARINGS NOTICE IS HrlREBY'GIVEN, mr~uant to Sex~,"267 o~ ~e Town ,aw and the Code of thc Town of ;onthold, the following hearings ~ ~e held by the i,~L~'dQ,L~I~_T.Q.~ ~at aReg~hr /leedng st the Southold Tow~ Hall, fain Road, Sonthold, NY 11971~ c~ HURSDAY~ OCTOBER & 1988'a~ ~e following times~ 7:35 p.m. Appl. No. 3765 -- ;~.,P. tt.$~.I~i~ for .a Variance ecfon 100-31 for the pleoranent of a ~'w dwelling stmctom with a reduced atback from the float properly line. ocation of Property= Right-of-way ~ated along the east side of (~eder ~enend Wayne Inn) and ext~rdingJn a easterly and thence south~cly imction to this parcel identified on ~e Suffolk County Tax Maps as 000-90-4-14. ' 7=40 p.m. Appl. No. 3768 -- RANK AND SANDRA CURRAN >r a Variance to the Zoning Ordi- race, Article I~ Section 100-31 for instruction of a po~ with deck and ontyard setback and excessive lot ~verage (over 20 imrcent), at -emi,es Imown as 780 Haywaters cad, Cutchogue, NY~ County Tax lap Parcel No. 1000-111-01-016. 7~45 p.m. AppL No. 3763 --,- H-IN L IESSUp for a Variance to · Zoning Ordinance, Article I~, :ctinn 100-31 for constmctlon ~f an ldition at the westerly side of the isting dwelling with a red~ction in e total sideynrds, at i~mi~es known , 90 East Road, Cutchogue, NY; ounty Tax Map Parcel No. 1000- 0-7-15. 7:50 p.m. AppL No. 3759 -- DNY SCARMATO. 1NC. for a ~ Exception to the Zo~ng Ordi- nance, A~icle I]~..~iI~100-30C, for permission ]~[ct off-premises sign. Locallon~perty: South Side of Main Road, Southold; NY; County Tax Map Parcel No. 1000- 75-06-7.3 0~ecessed from Macing). ~T8:00 p.m. Appl. No. 3758 ' HEODORE KUDIJNSKL Variance to the Zoning Ordinance Article 1~ Section 100-31 for per, mission to const~et open d~ck addi. ~ S:05 p.m. ~ Appl. No. 3760SB -- $peci~ Exception to the Zoning Ordinance 1004OB. subsectie~ 15. Location Appl. No. 3761-V --.Variance Section 100-30B(15){M} to allow Map Parcel No. 1000-55-6-9. 8:30 p.m. Appl. No. 3779 TER AND DESPINA O~P-.~LL.O~ for a Variance Zoning Ordinance, Article III, Sectior 100-31 and prior Appeal No. 3623 re~dered May 11, 1987 for approval 'of suucto~s) with reduced sideyards, at premises known as Lot #16, Captain Kidd Estates, along south side of Sound Beach Drive, ~H~n~o of Mattitueksln ___._ Tax MaPm Principal 8:40 p.m. Appl. No. 3769SE -- ~[,[~ TlMIgSs · Weekly #awspapers CUTCHOGUE FARMS LTD. (a~/a no,~.~ .............. [1~ n the Town of $outh0ld, ~oun~/of Exception to the Zoning Ordinance ~OW Yofk~ ~d ~[~ [h~ ~oil©e of which A.rti~e H~, Sectino 100-30B for per- ] ©O1~! h~ b~n r~ulady Imblish~l In mission to establish Winery, at promises located along the no~h side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000- 109-01-13/ 8:50 p.m. Appl. No. ~764 -- ~.~ for Valances to the Z~ting Ordinance, Ardcle III, Section 100-31 and A~icle XI, Section 100- 119.1 for permission to erect tennis /~co~t with lO-ft, high fencing and gazebo structure in an area other than the m~lnired rea~ard, at premises identified on the Suffolk County Tax Maps as District I000, Section 3 Block 3, Lot 3.5, along Private Roa~ Fishers Island, NY. 8:55 p.m. AppL No. 3778 -- Variance to the Zoning Ordinance, :o each week for 1 weeks inclng on tho 29 day of 88 Principal Clerk ~--~ MARY K. O£GNAN quirements for a Ccr~ficate ufOccu. Article ]~, Section 100-32 and re- psncy had application been made in a/~,~ moral of Conditions ~ndered under timely fashion. Location of Property: Appeal No. 3641 on June 18, 1987 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000- 78-01-10.3. 8:15 p.m. JOHN T. BEERF -- Variances to the Zoning Ordinance, Article H~, Section 100-31 for proval of insufficient area and width of two proposed parcels in Oas pro- po~ed act-off division of land, located along Beeba Drive, Cutchegue, NY; in order to allow conversion of the subject b~llding as livable area in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview ROad, Southold, NY; County Tax Map Parcel ID No. I000-78-4-3Z 9:05 p.m. AppL No. 3774SE --H & S ASSOCIATES Special Ex- ception to the Zoning Cede, Article NOTARY PUBLIC, State ? New York Suffolk County mance to the Zening Ordinance, County Tax Map Parcel No. lO00- · ielcXI, Section 100-119.2forap. ~.~19 103-3-pan of Lot 5. oval of gazebo structure with an 8:20 p.m. ROBERT AND D~; ~ufficlent setback from a~ ex~sting ANnA BAKER. Special Exception tlkhead along Peconic Bay, at cruises known as 235 Huckalban, y tH Road, East Marion, NY; County ~x Map Parcel No. 1000-31-16-9. 7:55 p.m. Appl. No. 3755SE .- MOTHY COFFEY AND THE )VE AT SOUTIIOLD. INC. Spe- the Zoning Ordinance, Article Section 100-30B(16) for permission to establish Bed and Breakfast estab- lishment in an existing dwelEng, at prea~ises known as 2900 Boisseau Avenue, Sonthold, NY; County Tax VIL Section 100-70B for permission to construct addition to existing bollding, (maintaining the westerly yard setback) for use partly for sales of auto pans, added storage, and eh- fine-rebuilding shop. at premises lo- cated along the north side of the Main Road, Cutchogue, NY; Coumy Tax Map Parcel No[1000-102-2-24. 9:15 p.m. Appl. No. 3776 -- HOWARD AND MARGARET BRODIS, Special Exception to the ~ Ordinance, Article Ill, Section 100-30B(15) for permission to estab- lish Accessoi~ Apartment in a pro- posed addition to existing dwelling, at prc~ptses kno~ as 435 Eastward Ct., Matt~tuck, NY; County Tax Map Parcel No. IG00-115-7-9. The Board of Appeals will at said time and place bear any and all per- sons,or repmsematives desiring to be beard in each of the above matters. Written comments may also be sub- mitted prior to the conclusion of the subject heating. Each hearing will not start before the time allotted. For more information, please call 76.5- 1809. Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHR1NGER, CHAIRMAN By Linde Kowsiski 6071-1TS29 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SnUTHr'ILD, L.I., N.Y. 119'7'1 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. ~ Someone should appear in your behalf during the public hearing. Questions may arise from Board Members or persons in the audience during the hearing. Your hearing is expected to start at the time advertised in the Legal Notice, and you will not be required to appear earlier. Please feel free to call our office prior to the hearing date if you have any questions or wish to review your file. Yours very truly, GOEHRINGER GERARD P. CHAIRMAN lk Copies to the following on or about 9/21/88: Mr. Joseph Spitaliere (picked up personally 9/21/88) Environment East, Inc. as Agent for Frank and Sandra Curran as Agent for John J. Jessup 3075 Indian Neck Lane Peconic, NY 11958 J. Kevin McLaughlin, Esq. as Attorney for'Tony Scarmato, Inc. 828 Front Street, Greenport, NY 11944 Mr. Wilbur Klatsky, The Cove at Southold, 5044 Expressway Drive South, Ronkonkoma, NY 11779 Mr. and Mrs. Alvan Terry, Box 35, Main Road, Peconic, NY 11958 Re: The Cove at Southold - Sign Theodore S. Kudlinski, Jr. 605 Highwood Road, Box 1052, Southold, NY Mrs. Elsie D. Young 480 Grisson Lane, Southold, NY 11971 Abigail A. Wickham, Esq. as Attorney for John T. Beebe Main Road, Box 1424, Southold, NY 11971 11971 Mr. and Mrs. Robert Baker 2900 Boisseau Avenue, Southold, NY 11971 Mr. and Mrs. Peter Markopoulos 605 Sound Beach Drive, Mattituck, NY~1951 Richard F. Lark, Esq. as Attorney for Cutchogue Farms Ltd. Main Road, Box 973, Cutchogue, NY 11935 J. Kevin McLaughlin, Esq. for Petrol Stations Re: 828 Front Street, Box 803 Greenport, NY 11944 as Attorney Cutchogue Farms Ltd. Mr. Allan P. Shope as Architect for Denis O'Brien 18 West Putnam Avenue Greenwich, CT 06830 Mr. and Mrs. Brett Kehl 5500 Main Bayview Road Southold, NY 11971 Mail List continued for October 6, 1988 Legal Notice: H & S Associates P.O. Box 915 Cutchogue, NY 11935 Mr. and Mrs. Howard Brodis 435 Eastward Court Mattituck, NY 11952 Suffolk Times, Inc. Main Road Mattituck, NY 11952 L.I. Traveler-Watchman, Inc. Traveler Street Southold, NY 11971 Individual ZBA files ZBA Members Building Department (V. Lessard) Supervisor and T.B. Members Town Attorney Town Clerk Bulltin Board (west side) Z.B.A. Bulletin Board (east side) PROJECT I,D, NUMBER 617.21 ~ Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) Munlcl0ality 4. PRECISE LOCATION (Street address and road intersect~ns, prominent landmarks, etc., or provide map) SEQR 5. IS PROPO ACTION: ~ [] Exbansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially _ acres Ultimately acres 8. WILL PROP~QSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EX ST NG LAND USE RESTRICTIONS3 J~es [] NO If NO, describe briefly g. WHAT IS PRESENT LANC USE IN VICINITY OF PROJECT? ~ntial [] Industrial [] Commercial [] Agricullure [] Park/Forest/Open space [] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? [] Yes [~o If yes, list agency(s) and permit/approvals 11. DOES ~No ANY ASP T OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes If ye~, list agency name and permitlabprova~ CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area. and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSbIENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment Will project result in a large physical change to the project site or physically alter more than 10 acres of land? 2. Will there be a major change to any unique or unusual land form on the site? .. 3. Will project alter or have a large effect on an existing body of water? 4. Will project have a potentially large impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered plant or animal species? Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envirc~mental area by a local agency? Yes 10. Will project have a major effect on existing or future recreational opportunities? ___Yes 11. Will project result in major traffic problems or cause a major effect to existing transportation · systems? ___Yes . _ 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes ~// Yes /o~/ Yes ~ Yes O~ 13. Will project have any impact on public health or safety? 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the charact~-~ of the corcmunity or neighborhood? 15.~J~:------~o~ub~/c°ntr°versy concer~g the Preparer' s Si~natu~~~ Representing: Date: ZBA 9/75 _ Yes , o~'"' BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter cT' the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE ?o ADJACENT PROPERTY OWNER ~ YOU ARE HEREBY GIVEN NOTICE: 1. Th~ !ntention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~__ariance~(Special Exception) (Special Permit) (Other) [circle choice] ~ 2. That the property which is the subject of the Petition is located adiacent to your prpperty a0d yes- cribedasfollows: t'~. ~-~c~ Cl~-c~ ~ ~:~'~ c_~_~ ~'~<~l'Y~C_~ I ~C ~ . · T~ha the p opert¥ hich is the subiect of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: .l~O i r',¢ Y'C~C~ C' $. That the provi~i,~n~ 9f the $outhold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section /~ d '- ,-:~ / [ ] Section 280-A, New York Town Law for approva] of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the $outhold Town Clerk's Office at Main Road. Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 7~5-1809. 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 ap~,s~r and be heard at such hearing. Petitioner Posl.~Office AdOJ'ess [Copy of sketch or plan showing proposal purposes.] to be attached for convenience PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS P 933 161 76~ RECEIPT FOR CERTIFIED"~r~' NOT FOR iNTERNA;10NAL MALL (See [~everse) L~O , State~a~d ZIP ¢o~ ~. · %! . ,r~'*t E! 933 1~1 763 FOR C£RTIFN£O MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) State and P 933 161 764 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAE (See Reverse) ZIP Code Postage d Fee Special Dehvery Fee Restricted Delivery Fee Return ReCelptShow whom and Bat, p_ 933 161 760 RE~CEtPT FOR CERTIFIED MAIL NO ~NSURANCE COVERAGE pROViDED NOT FOR INTERNATIONAL MAIL (See Reverse) Street and No State and ZIP Postage CertlGed Fee Speoal Dehvery Fee Dehvery Fee Relurn Recmpt showing p~stmark o~at~ ~ ~ '" ~*~'7% ~¢ Post&ge Fee Speoa~ Dehvery Fee Reslncted Delivery Fee Return Receipt shOwing Date TOTAL Postage; ~ Fees Postmark or 19 S of said sai Notary Publi, MARY ANN CYBUL~Y~ #OTARY PUBLIC, State of New I~ m Suffolk County No 52-589~900 (This side does not have to be completed on form transmitted to adjoining property owners.} FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Certificate Of "Occupancy ......... Date ....... J~ccb. 2.5 ................. 1982. THIS CERTIFIES that the,~.o.~. : .. Location of Property ~0~ Hi~hwood' Road Southold County Tax Map No. 1000 Section . .0.7.6 ....... Block ...0.9. .......... Lot ...0.5. 0...' ......... Subdbdsion. ~1~o..q.f. [I.i.~h.w. 99.d..a.t..B.a.y.v.i.e.w. Filed Map No..5.5.~7 .... Lot'N-~. ~....-~ ~- .... '..conf6rms substantially to the applicable proyisions of the Zoning;... Code of the Town of Southold. The premises are located in the ....... 'A' ~esidential-Aaricultuval Zone 9 District and may be used.. for such uses as are presently authorized by the Zoning Code in such. district subject to, however, all of the. requirements of the Zoning.. Code. This lot 100-12. is excepted from the-lot area and lot width requiremenL, This lot has access on Highwood Road, a Town maintained street. The certificate is issued to . Raymona T. ~l'a'r~cy--Carol McLean .................... ioV, ki ..................... of the afores~iid .i6~..- Building Inspecto~' Rev4~9 '- · QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~TI{ YOUR APPLICATION FO~.iS TO TI{E BOARD OF APPEALS Please complete, sign and return t~ the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to!depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. ~ 1. Are there any proposals to change or alter land contours? Yes Q 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Yes ~ b)Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, /-~ such as patios, foundations, etc? Yes 4. Are there any existing or proposed fences, cpncrete ~ barriers, decks, etc? ~No 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes e If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Yes ~ 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes 10. Do state whether or not applications ar~ pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes ~ Yes q~ Yes ~ Yes Yes Yes Yes Yes ~ 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made app%ication to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes Yes 13. Please list present use or oper~ations conducted up.on 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 relianc~ the Board o~ App~'f~in consi~erin~ my application· Signature (Property Owne/)] (Authorized A~)' 1/88 WETLANDS [Amemied 8-26-7t; 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 whlcb bord~r on, tidal wavers, or lands lying beneath tidal waters, which at mean Iow tide are covered by' tidal waters to a maximum depth of five (5) feet. including but not limited to banks, bogs, salt marsh, swaml~s, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon whleb grows or may grow some or any of tho followimr: salt bay, black grass, saltworts, sea lavender, tall cordgrass, high bush. eattoila, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A{2) and lying' within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANI)S: (I) "Freshwater wetlands" as defined in Article 2,1, Ti- tle 1. § 24-0107. 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 "freshwater wet- !and." as defined in Subsection Il(1) an(/lying with- in seventy.five (75) feet landward of the most land- ward edge of a "fi'eshwnter wetland." 9705 TOWN OF $OUTHOLD RD