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HomeMy WebLinkAbout3804 Southold Town Board of Appeals MAIN ROAD- STATE RnAD ~.5 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appeal No. 3804: Upon application of ELLEN BLACK GUYTON for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Article XI, Section 100-118 for permission to rebuild nonconforming accessory (storage-garage) building in the frontyard area. Location of Property: 3331 Private Right-of-Way extending off the west (northwest) side of Grand Avenue, Mattituck, NY; County Tax Map District 1000, Section 107, Block 01, Lot 11. WHEREAS, a public hearing was held and concluded on December 8, 1988 in the Matter of the Application of ELLEN BLACK GUYTON under Appeal No. 3804; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: Page 2 - Appl. No. 3804 Matter of ELLEN BLACK GUYTON Decision Rendered December 16, 1988 1. By this application, appellant requests a Variance under Article III, Section 100-32, and Article XI, Section 100-118 for permission to rebuild accessory building0 of a size 35 ft. x 21 ft., replacing an existing accessory storage building, in the frontyard area, as more particularly shown by Map prepared by Roderick VanTuyl, P.C. December 6, 1988 (for Mary A. Black dated October 7, 1968). 2. The premises in question is a described parcel of land containing a total lot area of approximately 1.75 acres with 198.18 ft. frontage along the westerly side of a private right-of-way (which extends off the west side of Grand Avenue) and 205.21 feet (tie line) along Mattituck Creek, Hamlet of Mattituck, Town of Southold, more particularly identified on the Suffolk County Tax Maps as District 1000, Section 107, Block 1, Lot 11. 3. The subject parcel is improved with a single-family, two-story frame house and three accessory structures, all as shown on the above-mentioned survey. 4. The accessory building which is the subject of this application is proposed to be located four feet from its nearest setback to the front property line in the general "footprint" of the structure being replaced. The structure is shown to be set back 110+- feet from the ordinary highwater mark of Mattituck Creek (to the west) and 40+- feet from the northerly (side) property line. 5. Article III, Section 100-32 of the Zoning Code provides accessory buildings to be located only in the required rear yard. 6. Article XI, Section 100-118 of the Zoning Code prohibits replacement of nonconforming buildings by more than 50% of its fair market value. 7. It is the position of this Board in considering this application that: (a) the circumstances are unique to the property and are not personal in nature; (b) the relief requested is not unreasonable and is the minimal necessary; (c) the relief requested will not alter the essential character of the neighborhood; (d) there are other accessory buildings also located in the frontyard area; (e) there is no other method feasible for appellant to pursue other than a variance; Page 3 - Appeal No. 3804 Matter of ELLEN BLACK GUYTON Decision Rendered December 16, 1988 (f) the variance, if granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (g) the interests of justice will be served by granting the variance. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested under Appeal No. 3804 in the Matter of ELLEN B. GUYTON for permission to replace accessory building in the frontyard area, to be used accessory and incidental to the residential use of the premises (for storage purposes), SUBJECT TO THE FOLLOWING CONDITIONS: 1. No plumbing or other utilities permitted, with the exception of electricity; 2. The frontyard setback be no closer than that as applied; 3. No excavation or disturbance to areas seaward of the subject building(s); 4. The subject accessory building not be used for sleeping or habitable quarters. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Member Doyen was absent due to serious family illness.) This resolution was duly adopted. lk RECEIVED AND FILED BY THE SOUTHOLD TO~VN C~.~ __Town Clerk, Town o4 Southold GERARD P. GOEHRINGER, CHAIRMAN $outhWd MAIN RDAD- BTAT~- RnAD APPEALS BOARD .MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONtS, .IR. SERGE DOYEN, .IR. JOSEPH H, SAWICKI JAMES DINIZIO, JR. Board of Appeals NOTICE OF HEARINGS 25 SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE 516 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, DECEMBER 8., 1988 at the following times: 7:30 p.m.' Appl. No. 3803 JAMES AND PHILOMENA MONICA. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of deck with an insufficient rearyard setback. Location of Property: 545 Bay Haven Lane, Southold, NY; Terry Waters Map No. 2901, Lot 42; County Tax Map District 1000, Section 88, Block 4, Lot 31. 7:35 p.m. Appl. No. 3792 - NICK THEOPHILOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2A for permission to locate swimmingpool with fence enclosure with an insufficient setback from average line of bluff along the Long Island Sound. Location of Property: 450 The Strand, East Marion, NY; Pebble Beach Farms, Inc. Subdivision Lot $135; County Tax Map District 1000, Section 21, Block 5, Lot 5. Page 2 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 7:37 p.m. Appl. No. 3791 - JAMES H. BERGERON. Variance to the Zoning Ordinance, Article III, Section 100-30Afl) and Article XI, Section 100-118, for permission to rebuild existing nonconforming single-family dwelling. Location of Property: 185 Riley Avenue, Mattituck, NY; County Tax Map District 1000, Section 143, Block 4, Lot 29. 7:40 p.m. Appl. No. 3795 - PETER AND DOROTHY MICCICHE. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct detached garage in an area other than the required rearyard. Location of Property: 270 Private Road ~12, $outhold, NY; County Tax Map District 1000, Section 78, Block 6, Lot 4.1. 7:45 p.m. Appl. No. 3793 - JAMES AND STELLA MANOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(C) for permission to rebuild deck structure with 30+- sq. ft. expansion, within 75 feet of the nearest freshwater wetlands near Great Pond. Location of Property: 2147 Lake Drive, Southold, NY; County Tax Map District 1000, Section 59, Page 3 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals Block 5, Lot 2.2; also kno~rn as Lot 94 on the Minor Subdivision Map for Philip Druhl, P.B. File ~22, endorsed March 24, 1970. Appl. No. 3804 - ELLEN BLACK GUYTON. Variance to--Zoning Ordinance, Article III, Section 100-32, and Article XI, Section 100-118, for permission to rebuild nonconforming accessory (storage-garage) building in the frontyard area. Location of Property: 3331 Private Right-of-Way extending off the west (northwest) side of Grand Avenue, Mattituck, NY; County Tax Map District 1000, Section 107, Block 01, Lot I1. 7:55 p.m. Applo No~ 3794 - JERRY AND MARY GEORGES. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition(s) to existing dwelling with an insufficient setback from the top of bank along the Long Island Sound. Location of Property: 18565 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block 01, Lot 22.1. Page 4 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 8:00 p.m. AppI. No. 3734 - KATHRYN FLEET. VarianceS to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area, width and depth, of two proposed parcels in this pending division of land. Location of Property: Road, Cutchogue, NY; Block 11, Lot 19.1. North (Northwest) Side of Old Pasture County Tax Map District 1000, Section 103, 8:05 p.m. Appi. No. 3780 - ARMANDO CAPPA. Variance to the Zoning Ordinance, Article III, Section 100-30C, for permission to erect ground sign, advertising off-premises business ("Ciccilino," Fine Italian Dining). Location of Property: South Side of Main Road and North Side of Old Main Road, Southold, NY; County Tax Map District 1000~ Section 56, Block 6, Lot 11.1. 8:10 p.m. Appl. No. 3805 - PAUL AND MARGARET KAYSER. Variance to the Zoning Ordinance, Article XI, Section 100-119.2B for permission to construct deck addition with an insufficient setback from existing bulkhead. Mill Creek Drive, Southold, NY; Section 135, Block 3, Lot 39. Location of Property: 1005 County Tax Map District 1000, Page 5 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 8:15 p.m. VICTOR AND LINDA CATALANO: (a) Appl. No. 3800 - Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to locate swimmingpool, accessory to the existing residence, in an area other than the required rearyard. Location of Property: West Side of Private Right-of-Way extending off the South Side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.2. (b) Appl. No. 3799 - Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-31, for permission to construct principal building for use as a poolhouse/cabana, accessory to adjoining residence, with an insufficient rearyard setback. Location of Property: South Side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.1. Page 6 - Notice of Hearings Regular Meeting - Deceraber 8, 1988 Southold Town Board of Appeals 8:20 p.m. Appl. No. 3796 - ALFRED FALKOWSKI. Special Exception to the Zoning Ordinance, Article IX, Section 100-90 for permission to construct office building with storage upon this 6+-acre parcel. Zone District: "C-i" General Industrial. Location of Property: 8595 Cox Lane and the Southwest Corner of Oregon Road, Cutchogue, NY; County Tax Map District 1000, Section 083, Block 3, Lot 4.6. 8:30 p.m. Appl. No. 3807 - MOHRING ENTERPRISES, INC. Variance to the Zoning Ordinance, Article XI, Section 100-119 and Article III, Section 100-31, Bulk Schedule, for permission to locate new dwelling with an insufficient rearyard setback on a lot which has frontage along three roads: North Bayview Road, Pine Neck Road, and Kimberly Lane, Southold, NY; Subdivision Lot No. 20, Map of Paradise By the Bay; County Tax Map District 1000, Section 70, Block 13, Lot 20.20. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: November 22, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski Please publish the above Legal Notice on or before December 1, 1988 and forward one Affidavit of Publication together with your voucher on or before December 6, 1988. Thank you. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL .?'~.~..~...~.%~ ........................ ..."::cc..,~..~. 4:--~-~-~ ~ .... PLEASE TAKE NOTICE that your application dated .. ~~. for pemit to ~. ~ . ~g k...~..~ .~ ......... at Location of Property . ~:..'...'. ~..~ ~ ~ .... ~.~.~ .............. House ~o. County Tax Map No. I000 Section . .2 .~.~ ....... Block ...Q. [ ... Lot .. ~ { .......... Subdivision ................. Filed Map No ................. Lot No.. ' ........ is returned herewith and disapproved on the followhng grounds..~.~. ,/.~.~..'7...~..~. ......... . .~.~..~...r~,,~m.~..~..~.. ~..~.. ~.~.,....Q.~ ..~...,~ ~... Building Inspector RV 1/80 TOWN OF $ouTHOLD, NEW YORK ~J0~ ~' ,~P~- FROM DECISION OF BUILDING INSPECTOR ·TO THE ZONING BOARD OF APPEAL,S, TOWN OF SOUTHOLD, N. Y , 1, ~We~.....~.~...C...~,.~,.~...~..~.~.~.~ ..................... ~..~.~..~.~ ...... Name o~ Appellc~t Street and Number ~.~...i.:.~......~~ ........ ..e~..~.....~.~, ......... ~.~.., ........ .ER~Y APP,, 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 o, ~:....~.~.....~..~ ......... ~.~.~..~ ......... i ...... ~..~.: ........ ~!.!~-..~.. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ]. LOCATION OF THE PROPERTY ~.~..,3..L..,..~,.,...,~........~.~...,..~,,~,,,.,.,,~.,~.....(~,..~iTt~c~'' Street /Hamlet / Use District on Zoning Mop District 1000 Section~O'~ Block I Lot I~ C rrent ........................................................................... I ...... u Owner ~(~ ~'~(~.- ~'t~b~l-~K) Map No. 'Lot No, Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article~ Section 3, TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( / A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 COns. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREvIOuS' APPEAL A previous appeal (has) (has not) been mode with respect to {his' decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appea.I No ................................. Dated ...................................................................... REASON FOP, APPEAL ( ) A Variance to Section 250A Subsection 3 (I,~A Variance to the Zoning Ordinance ( ) is requested for the reason that 1~orm ZB1 (Continue on other side) REASON FOR APPEAL Continued s4ry HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by ali properties aJike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK COUNTY OF~ SS Signature Sworn to this ....... ../..~...~. ..................... day of-....~.-c??..~:¢-~~ ................. 19 ~ *'~L'~ TOWN OF'iSOUTHOLD I~OPERTY RECORD CARD ~oo. 'o'/ - /~,/ OWNER STREET VILLAGE DISTRICT SUB. LOT ...K. C1c' ~. "~' Es. Z-/ LAND LI ~0 -'t7,©o -V~, ?~r,~; [ F,g, RM COMM. lIND. I CB. MISC. TOTAL J DATE REMARKS ~/C' rr~ 13009 Est. Mkt. Value AGE NEW Farm illable 1 NORMAL Acre BUILDING CONDITION BELOW Value Per Acre ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD/k.~-~-"'~' BULKHEAD ~i-. ¢-,'~'~' illable 2 DOCK liable 3 /oodland ~ampland . · 4 (',¢.C3 / ~tal -ushland ouse Plot TOWN OF $OUTHOLD PROPERTY RECORD CARD OWNER ~ _- STREET VILLAGE DIST. SUB. ..... n,,.. , ,..,; :: ~ . ,, ~_171/,,-A/ ..';. . FORMER OWNER ' S~ , /7~? RES. ~AS ., VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS - AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable I Tillable Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD ~'~'r ,,. ~. ,-~4", House Plot DEPTH BULKHEAD To~l DOCK M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio Total COLOR Foundation Basement Ext. Wails Fire Place Type Roof Recreation Room Dormer Driveway Bath Floors Interi6r Finish Heat Rooms 'tst Floor Rooms 2nd Floor ~?ette .LOC. ATtQhi .MAP ,&,m i'Ds 0 t M~AI~Y: A-~ BLACK MATTITUC~- DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E, KOPPELNIAN DIRECTOR OF PLANNING January 3, 1989 Town of $outhold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Con~aission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) James H. Bergeron Peter & Dorothy Micciche Victor E. Catalano ~ictor E. Catalano ~llen Black Guyton Mohring Enterprises 3791 3795 3799 3800 3804 3807 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals HAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONtS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI James Dinizio, Jr. Pursuant to Board of Appeals the following to X Article XIII of the Suffolk County Charter, the of the Town of Southold, New York, hereby refers the Suffolk County Planning Commission: __ Variance from the Zoning Code, ArticleIII SectionlO0-32 Article Xi,' Section 100-118 Variance Special from Determination of Southald Town Building Inspector Exception, Article , Section Special Permit Appeal No.: Location of County Tax Map Within 500 feet X 3804 Applicant: Affected Land: Item No.: 1000-107-1-11 of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Ellen Black Guyton 3331 Private ROW off west side Grand Ave., Matti- tuck, NY Land Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, or Within One Mile of a Nuclear Power Plant __ Within One Mile of An Airport. COMMENTS: ApplicantT'~~ permission to rebuild nonconforming accessory building (storage-garage) in frontyard. Copies of Town file and related documents enclosed for your review. Dated: December , 1988 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHE)LD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, DECEMBER 8, 1988 Appeal No. 3804 - Matter of ELLEN BLACK GtP~TON: Board Members present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr., Joseph H. Sawicki, and James Dinizio, Jr., constituting four of the five Members. Board Member absent was: Serge J. Doyen, of Fishers Island, to serious family illness. Also present were: Board Secretary Linda Kowalski, and approximately 25 persons in the audience. due Chairman Goehringer opened the hearing at 8:00 p.m. and read the notice of hearing for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey dated October 7, 1968 indicating a two-story framed house and sheds on a particular piece of property on Mattituck Creek -- on the east side of Mattituck Creek and off of a private right-of-way. And adjacent to the right-of-way is what they refer to as a barn, proposed building is 35 by 21. This is somewhat close to that as it exists. And it appears to be in delapidated condition and almost literally falling down, upon the physical observation by myself and the other Board Members. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is someone here representing? Please use the mike and state your name. DERRICK DOUBRAVA: My name is Derrick Doubrava, representing them on this. CHAIRMAN: Are you a builder? MR. DOUBRAVA: Yes. Page 2 - Appeal No. 3804 Z.B.A. Transcript of Hearing Matter of ELLEN BLACK GUYTON CHAIRMAN: Ok. And they seek to replace this yellow floating structure with something a bit more stable. MR. DOUBRAVA: Hopefully. CHAIRMAN: Ok. I know it's 21 by 35, but how high would the structure be? MR. DOUBRAVA: It's about a story and a half. They want to utilize a portion of the area above the garage for storage. And they're only summer residents and they have problems with vandalism in the winter, and so they have to put everything that they have in their possession out here indoors and lock it up in the winter. CHAIRMAN: Just as a side note, I find that hard to believe because the two dogs that are next door are unbelievable in that neighborhood. MR. DOUBRAVA: I believe it was a year ago they had a porch--someone built a fire on the porch, they broke into the cottage, and they have had documented problems there. CHAIRMAN: Again, a similar question I asked the gentleman who wanted to build the two-story garage, will there be any more than electricity in this building? MR. DOUBRAVA: I don't think so. CHAIRMAN: And there will be a cement floor? MR. DOUBRAVA: Right. CHAIRMAN: And they actually want to build it in its proposed location basically where the existing building is, which is approximately 3-1/2 feet from the right-of-way. MR. DOUBRAVA: Yes. CHAIP~L~N: I assume the right-of-way cuts into the brush area a little bit deeper than is actually shown on the survey. MR. DOUBRAVA: Yes. Page 3 - Appeal No. 3804 Z.B.A. Transcript of Hearing Matter of ELLEN BLACK GUYTON CHAIRMAN: Ok. We thank you very much. Is there anybody else that would like to speak in favor of this application? Is there anybody that would like to speak against the application? (None). Questions from Board Members? (None) Hearing no further questions, I'll make a motion reserving decision until later. The hearing was declared closed. Motion was made by Mr. Goehringer, seconded by Mr. Dinizio, and duly carried to conclude/close the hearing at this time. CHAIRMAN: Thank you very much for coming in. MR. DOUBRAVA: Thank you. Respectfully submitted, ~F--~. K W~r~tary Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAiRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHnLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 December 27, 1988 Mr. Derrick Doubrava, President Peconic Development Corp. P.O. Box 594 Mattituck, NY 11952 Re: Appl. No. 3804 - Ellen Black Guyton Dear Mr. Doubrava: Transmitted herewith for your file and perusal is a copy of the determination rendered by the Board of Appeals at our December 16, 1988 Special Meeting. Please be sure to return to the Building Department and any other agency which may have jurisdiction for issuance of additional documents which may be necessary. A copy of this decision has also been furnished to the Building Department Office to update their files. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Building Inspectors Suffolk County Department of Planning Southold Town Board of Appeals MAIN RnAD- STATE RnAD 25 50UTHnLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS December 8, 1988 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI James Dinizio, APPEAL NO.: PROJECT NA~E: S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significanc~ Jr. 3804 Ellen Black Guyton This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION: Permission to rebuild nonconforming accessory (storage-garage) building in the frontyard area. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 3331 Private ROW off Grand Ave., Mattituck, NY 1000-107-1-11 - 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) Construction proposed is landward of existing structures. (3) 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. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, gm~uant to Sec~on ~67 of the Tovm of Soethold, th.,e~,f~Bowing hearings wUl be huld~ thc SOUTHOLD TOWN BOARD OF APPEALS Regular Meeting at the Southold Town HaH, M-in Read, Southuld, ~ 11971, on ~ ~ at the following tm~ea: 7:30 p.m. Appl. No. 3803 -- JAMES AND PHU..OMENA MON- ICA. Valance to the Zoning Ordi- nance, Ardcle fl~, Section 100-31, Bulk Schedule, for approval of deck Location of Property: 545 Bay Haven Lane, Southcld, NY; Te~y Waters Map No. 2901. Lot 42; County Tax Map Distrct 1000, Section 88, Block 7:35 p.m. AppI. No. 3792 -- NICK THEOPHILOS. Variance to the ~.oning Ordinance, A~cle Section 100-119.2A for permission to locate swimmingpeol with fence enclosure with an insoffici~t setback from average line of bluff alga8 the LOn8 Island Sound. Location of Property: 450 The Strand, East Marion, NY: Pebble Beach Farms, Ina. Subdivision Lot #135;- County T~x Map District 1000, Section 21, Block 5, l.m 5. 7:37 p.m. AppL No. 3791 -- JAMES H. BERGERON. Vmlance to the Zoning Ordinance, A~icin Section 100-30A0) and Article XX, Section 100-118, for permission to rebuild existing nonconforming sin- gle-inmily dwelling. Location of Property: 185 Riley Avenue, MattS- tuck, NY; County Tax Map District 1000, Section 143, Block 4, Lm 29. 7=40 p.m. ApI~. No. 3795 -- PE- TER A.ND DOROTHY MXCC~CHE. Ya~ance to the zonm8 Ordinance, Article Hl, Section 100-32 for per- mission to comt~ct detached gan~ge y~-d. Location of Prope~y: 270 P~- rate Road #12, Southold, County Tax Map District 1000, Sec- tion 78, Block 6, Lot 4. l. 7:45 p.m. Appl. No. 3793 -- lAMES AND STELLA MANOS. Variance to the Zonln80rdinance~ Ardcle XI, Section 100-119.2(C) for permission to rebuild deck st~cture fact of the nearest fmthw~er wedands near Great Pond. Location of Prop- arty: 2147 Lake Drive, Southcld, NY; County Tax Map Distrct 1000, Seclio~ 59, Block 5, Lot 2.2~ also known as Lot #4 on the Minor Sub- division Map for PhUip Diuhl, P.S. l~il¢ #22, endoned..March 24, 1970. /'-'~7:50 p.m. App1. No. 3804 --~ ~! ! PN BLACK GUYTON. Yariance. to the Zonin8 ordinance. A~icle I~, Section 100-32, and Article XI, Sec- tion 100-115, for permission to build nonconforming accessory (storaae-gnragc) building in the front~ yard area. Location of Prepe~y: 3331. Private Right-of-Way ex~ndin$ off the west (northwest) side of G~and Avenue, Mattiteck, NY= County Tax Map District 1000, Section 107, Block 01, Lot 11. 7:55 p.m. AppL No. 3794 ~ JERRY Al,03 MARY GEORGES. Variance to the Zen~ng Ordinance, Article XI, Section 100-119.2 for pem~sion to construct addition(s) to existing dwclUnS with an insuffidem scthack from thc top of bank alga8 the Long Island Sound. Locali~ of Property: 18565 Sonndview Avenue, Southuld, NY= County Tax Map District 1000, Section 51, Block 01~ Lot 22.1. 8:00 p.m. Appl. No. 3734 ~ KATHRYN FLEET. Variances to the Zoning Ordinance, Adiclc H/, Sec~on 100-31, Bulk Schedule, for approval- of insofficicnt area, width and depth, of two proposed parcels in this pend= in8 division of innd. Location of Property: No~h (No,west) Side of Old Pasture Road, Cetchoguc, NY; County Tax Map District 1000, Sec- tion 103, Block 11, LO~ 19.1. 8.'05 p.m. AppL No. 3780 ~ ARMANDO CAPPA. Variance to the Zonin# Ordinance, Article Section 100-30C, for permission to erect ground si~n, advertising off- premises business CCiccilino," Fine Ealian Di~mg). Locadon of Property: South Side of Main Road and North Side of Old Main Road, Southold; NY; County Tax Map Distrct 1000, Section 56, Block 6. Lot ll.l. · 8:10 p.m. AppL No. 3805 r- PAUL AND MARGARET/' KAYSER. Variance to the Zoning ordinance. Afficle XI, Section 100, 119.2B for permission to construct. deck ~ddition with an inndftd~t ~ct, beck frc~n existini bulkhead. LOca* lion of Property: 100~ Mill Creel/ Drive, Southold, NY; County Map Distrct lO00, Section Block 3, Lot 39, 8:15 p.m. VICTOR AND LINDA CATALANO: I·) Ap~l. No. 3800-- Yadance to the Zonin8 Ordinance, Article Section 100-32, for permission to locate swimminspeol, accessory the exislin8 resldmce, in an area ctber- Property: West Side of private Right. of*Way extendin8 off the South Side. of Great Peconic Bay Boulevard,. Lanai, NY; County Tax Map D/sttict 1000, Section I~$, Block 6, Lot 13.2. /b) Appl, No, 3799 -- Variance to the ZoOm8 Ordin·nce, Artinlc IH, Sections 100-30 ~m:1100-31, for per: mission to c~stmct [~ncipal build-' in8 for use ns a poolhouse/cchana~ an insufficient rearyard setback. LO- cation of Property: South Side of Great Peconlc Bay Boulevard, Lanai, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.1. 8:20 p.m. App1. No. 3796 -- ALFRED FALKOWSKL Special Exce~on to the Zo~ng Ordinance, Article ~X, Section 100-90 fo~ permission to construct office building with storage upon this acre parcel. Zone District: "C-I-' Gcneral Industrial. Localion Property; 8595 Cox Lane and the Southwest Comer of oregon Road, Cutehogue, NY; County Tax Map 8:30 p.m. Appl. No. 3807 MOHRING ENFV. KPRISES, INC. Variance to the Z~min& Ordinance, A~inle XI, Section 100-119 ·nd Article IH, Section 100-31, Bulk Schedule, fo~ permission to locate new dwelling with an Insufficient re,yard setback on ·Im wh~h has frontage along three roads: North Bayview Road, Pine Neck Road, and Kimberly L~ne, Sonthold, NY; Subdivision Lot No. 20, Map of Paradise By the Bay; County Tax Map Dist~ct 1000, Section 70, Block The Board of Appenl~ wi}l at said time and place hear any and aH pet- sons or rep~sentetives desitin~ to be heard in each of the above matters. Written comment~ may als~bu sub- mitred ptior to the c~mclusion of the subjec~ hearln8. Each hearing will' net start before the time allotted. more ioformation, please call 76~- 1~09. Dated: November 22, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS' GERARD p. GOEHRI~GER; CHAIRMAN By Linda Kow~lsld 6135-1TD1 / AUA~Y K.~EGNAN RY PU~,LiC, .:~t~te of New~ York uffotk Collrd¥ N0. 4~.>=,.,go0 ~ Term ~pJres Februa~9~ Jn ,~lpal per, hlch ! in ,ks of NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section ~67 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 THURSDAYI DECEMBER 8, 1988. at the follo~ving tim~s: ' 7:30 p.m. Appl. No. 3803-- JAMES AND PHILOMENA MONICA. Variance to the Zon- i'ng Ordinance, Article Ill, Sec- tion 100-31, Bulk Schedule, for approval of deck with an insuf- ficient rearyard setback. Loca- tion of Property: 545 Bay Haven Lane, Southold, NY; Terry Waters Map No. 2901, Lot 42, County Tax Map District 1000, Section 88, Block 4, Lot 31. '7:35 p.m. Appl. No. 3792-- NICK THEOPHILOS. Variance to the Zoning Ordinance, Arti- cle Xl, Section 100-119.2A for permission to locate swimming pool with fence enclosure with an insufficient setback from average line of bluff along the Long Island Sound. Location of Property: 450 The Strand, East Marion, NY; Pebble Beach Farms, Inc. Subdivision LOt #135; County Tax Map District 1000. Section 21, Block 5, Lot 5. 7:37 p.m. Appl. No. 3791- JAMES H. BERGERON. Vari- ance to the Zoning Ordinance, Article Ill, Section 100-30A(I) and Article Xl, Section 100-118, for permission to rebuild exist- ing nonconforming single- family dwelling. Location of Property: 185 Riley Avenue, Mattituck, NY; County Tag Map District 1000, Section 143, Block 4, Lot 29. 7:40 p.m. Appl. No. 3795-- PETER AND DOROTHY MICCICHE. Variance to the Zoning Ordinance, Article Ill, Section 100-32 for permission to construct detached garage in an area other than the required rearyard. Location of Property: 270 Private Road #12, Southold, NY; County Tax Map District 1000, Section 78, Block 6, LOt 4.1. 7:45 p.m. Appl. No. 3793-- JAMES AND S'I ELLA MANOS. Varianc~ to the Zon- ing Ordinance, Article Xl, Sec- tion 100-119.2(C) for permission to rebuild deck structure with 30_+ sq. ft. expansion, within 75 feet of the nearest freshwater wetlands near Great Pond. Location of Property: 2147 Lake Drive, Southold, NY; County Tax Map District 1000, Section 59, Block 5, Lot 2.2; also known as Lot #4 on the Minor Sub- division Map for Philip Druhl, P.B. File #22, endorsed March 24, 1970. f 7:50 p.m. Appl. No. 3804--' ELLEN BLACK GUYTON. Variance to the Zoning Ordi- nance, Article Ill, Section 100-32, and Article Xl, Section 100-118, for permission to re-/ build nonconforming accessory/ (storage-garage) building in th~ frontyard area. Location of Pro~. perry: 3331 Private Right-of-Way~:~ extending off the west (north- west) side of Grand Avenue; · Mattituck, NY; County Tax Map District 1000, Section 107, Block 01, LOt. Il. 7:55 p.m. Appl. No. 3794-- JERRY AND MARY GEORGES. Variance to the Zoning Ordinance, Article Xl, Section 100-119.2 for permission to construct addition(s) to exist-,a in# dwelling with an insufficient setback from the top of bank along the Long Island Sound. Location of Property: 18565 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block 01, Lot 22.1. 8:00 p.m. Appl. No. 3734-- KATHRYN FLEET. Variances to the Zoning Ordinance, Arti- cle 111, Section 100-31, Bulk Schedule, for approval of insuf- ficient area, width and depth, of two proposed parcels in this pending division of land. Loca- tion of Property: North (North- west) Side of Old Pasture Road, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 11, Lot 19.1. 8:05 p.m. Appl. No. 3780-- ARMANDO CAPPA. Variance to the Zoning Ordinance, Article Ill, Section 100-30C, for permis- sion to erect ground sign, adver- tising off-premises business' ("Ciccilino," Fine Italian Din- ing). Location of Property: South Side of Main Road and North Side of Old Main Road, Southold, NY; County Tax Map District 1000, Section 56, Block 6, Lot ll.l. 8:10 p.m. AppL No. 3805-- PAUL AND MARGARET KAYSER. Variance to the Zon- ing Ordinance, Article XI, Sec- tion 100-119.2B for permission to construct deck addition with an insufficient setback from existing bulkhead. Location of Property: I005 Mill Creek Drive, Southold, NY; County Tax Map District 1000, Section 135, Block 3, Lot 39. 8:15 p.m. VICTOR AND LINDA CATALANO: (a) Appl. No. 380(OVariance to the Zoning Ordinance, Arti-+* cie Ill, Section 100-32, for per- mission to locate swimming pool, accessory to the existing residence, in an area other than the required rearyard. Location of Property: West Side of Pri- vate Right-of-Way extending off the South Side of Great Peconic Bay Boulevard, Laurel, NY; 'County Tax Map District 1000, Section 128, Block 6, Lot 13.2. , (b) AppL No. 3799--Variance to the Zoning Ordinance, Arti- cle 111, Sections 100-30 and 100-31, for permission to con- struct principal building for use as a poolhouse/cabana, acces- sory to adjoining residence, with an insufficient rearyard setback. Location of Property: South Side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.1. 8:20 p.m. Appl. No. 3796-- ALFRED FALKOWSKI. Spe: cial Exception to the Zoning Dr~ I' dinance, Article IX, Section.' 100-90 for permission to con- struct office building with stor, age upon this 6_+ acre parcel. Zone District: "C-I" General Industrial. Location of Proper- ty: 8595 Cox Lane and the Southwest Corner of Oregon Road, Cutchogue, NY; County Tax Map District 1000~ Section 083, Block 3, Lot 4.6. 8:30 p.m. Appl. No. 3807:- MOHRING ENTERPRISES, INC. Variance to the Zoning Or- dinance, Article XI, Section 100-119 and Article Ill, Section 100-31, Bulk Schedule, for per- mission to locate new dwelling with an insufficient rearyard set- back on a lot which has from= age along three roads: Nort§ Bayview Road, Pine Neck Road; and Kimberly Lane, Southold,~' NY; Subdivision Lot No. 20, Map of Paradise By the Bay; County Tax Map District 1000, Section 70, Block 13, Lot 20.20. The Board of Appeals will at said time and place hear any and all persoris or repres~ntativ~'de, siring'tr, ~0e heard In ea~ Of thi:~ above ;matters. Written c6m- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time al- lotted. For more information, please call 765-1809. Dated: November 22, 1988. BY ORDER OF THE SOUTHOLD TOWN . BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalskiv IX, 2/ /88 (2) APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GEP~kRD P. GOEHRINGER CHAIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, JOSEPH H.$AWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN RI-lAD- STATE Rr~AD 25 SOUTH[3LD, L.I., N.Y. 119'71 TELEPHONE (516) 765 1809 List of Mailings Hearings for December 8, 1988 Southold Town Board of Appeals Copies mailed to the following on or about 12/1/88 Mr. & Mrs. James Monica 545 Bay Haven Lane Southold, NY 11971 Mr. Nick Theophilos 387 Broadway New York, NY 10013 Mr. James H. Bergeron 14 Birch Hill Drive Poughkeepsie, NY 12603 Mr. Otto Schoenstein (Re: Box 95 1645 Maple Lane East Marion, NY 11939 Micciche) Mr. James Manos 2147 Lake Drive Southold, NY 11971-1543 .~Beconic Development Corp. ox 594 Mattituck, NY 11952 (Re: Guyton) Ward Associates (Re: Georges) 1500 Lakeland Ave. Bohe~;ia, NY 11716 Abigail A. Wickham, Esq. Main Road - P.O. Box 1424 Mattituck, NY 11952 (Re: Fleet) Legal Notice of Hearings for December 8, 1988 Copies mailed to the following on or about 12/1/88 North Fork Sign Co. Main Bayview Rd. Southold, NY 11971 (Re: Cappa) Mr. & Mrs. Paul Kayser 1005 Mill Creek Drive Southold, NY 11971 Ms. Patricia Lloyd (Re: 471 Route 25A Rocky Point, NY 11778 Sambach Associates (Re: Box 1033 - Cox Lane Cutchogue, NY 11935 Mr. Philip J. Cardinale Cardinale & Cardinale Main Road - P.O. Box W Jamesport, NY 11947 Catalano) Falkowski) (Re: Mohring) L.I. Traveler-Watchman, Inc. (Official Town Newspaper) Suffolk Times, Inc. Town Clerk Bulletin Board ZBA Office Bulletin Board ZBA Chairman and Members with copies from file ZBA Individual Files JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS To: F rom: Dated: November 15, 1988 Transmitted herewith is Zoning Appeal No. Peconic Development Corp. OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk 3804 Town Hall, 53095 Main Road P.O. Box I 179 Southold, New York 11971 TELEPHONE (516) 765-1801 , application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of to the Board of Appeals of the Town of Southold TO: LO. 'Sgl 1/7?O'- YOU ARE HEREBY GIVEN NOTICE: I NOTICE TO ADJACENT PROPERTY OWNER %¢¢. -I - I L 1. T~ntention of the undersigned to petition the Board of Appeals of the Town of Southotd torequest ~Special Exception) (Special Permit) (Other) ). 2. That the property which is the ~U_bbiect of the Petition is I.o~:ated adjacent to your property and is des- cribed ,ls follows: ~,LL (. I~ ~LV~CIC ~-Cx, LL'TtvU 3. That the property which is the subject of such Petition is located in the following zoning district: L 4, That by such Petition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section ~ (~ --5 '~- [ ] Section 280-^, New York Town Law for approval 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 Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (5].6) 765-].809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times andin the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Owners' Names:~_~(= ..~.c~st Office Address Tel. no. '(~lc~ ) [Copy of sketch or plan showing proposal to be attached .%or Convenience purposes.] ,~ NAME PR F M N I E ATTACH CERTIFIED MAILRECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: of , being duly sworn,rdeposes a~c:~'~ys that oh the {~ day , deponent mai!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 addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Soulhold; that said Notices were mailed at-the United States Post Of- rice at. ~ © ~ ~.r, I c~ i'~. L~. ; that said Notices were mailed t~ each of said persons by tifie~'~ (registered) mail.' I Sworn to before me this \ day of ~C~rn¥,~a- ,19 / Notary Public UNDA J. COOPER _ / Notsq~ Public, S~e of New Yo~ No. S. Uk ,j Term Expires December 31, 19..~ (This side does not have to be completed on form transmitted to adjoining property owners~) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ol the Petition of to the Board of Appeals of the Town of Southold : TO: YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. Th~l. LLz-Ls..~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~(Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is.the subject of the Petitior~ is located adjacent to your property and is des- ,~_ cribed as follows: ~ (J,. ~I~ ~;~ L I°~ ~,. 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the followin§ relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section I~ ~ [ ] Section 280-A, New York Town Law for approval 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 flied in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of 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. retltloner 0w e s',ame : Po~t Offic~ddr~s Tel. No. [Copy of sketch or purposes.] plan showing proposal to be attaG~'for '~onvenience PR FOF MAI IN NOTI E ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATEOFNEWYORK) COUNTY OF SUFFOLK) SS.: , being duly sworn, deposes and says that on the / day of ~, ~.~ ,~,, ~ .19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof,' directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current a~sessment~ roi! o~f the Town of $outhold; that said Notices were mailed at the United States Post Of- fice~at~-~ .~L-~-c~..-~i[~ ~ ~ ; that said Notices were mailed to each of said persons by ~reg~stered) mail. Sworn'l~c~efore me this day of ~ (,~( ~y~..J~. 19 · Nota-/y Public - ~/- (This side does not have to be completed on form transmitted to adjoining property owners.) PROJECT I.D. NUMSER C1 617.21 ~. Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME 3. PROJECT LOCATION: 4. PRECISE LOCATION (Street address and road intersecflons, prominent landmarks, etc., or provide mag) 5. IS PROPOSED ACTION: E] New [] Exbanslon 6. DESCRIBE PROJECT BRIEFLY: ~-Modificat Ionlalt eratlon I CERTIFY THAT THE INFORMATION PROVIDED ABOVE I$ TRUE TO THE eEST 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 I (Continued on reverse side) AMOUNT OF D AFFECTED: 8. WILL PROPOSED ACTION COMPLy WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes ~NO If NO. describe briefly ~ ~' g. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? "~ ~qe$idential [] Industrial :[] Commercial [] Agriculture [] Park/Forest/Open sgace [] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAL)? [] Yes I~o If yes, list agency(s) and permitlapprovats 1 I. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL7 [] Yes [~o If ye~. list agency name and permiflapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MOD F CATION~ [] Yes ~,.N o SEQR The N.Y.S. Environmental Quality Review Act requires submission of this form, and an enviro'nmental review will be made by this board before any action is taken. SRORT ENVIRONMENTAL ASSESSMENT 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 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes ~ NO 2. Will there be a major change to any unique or unusual land form on the site? Yes ~ No 3. Will project alter or have a large effect on an existing body of water? Yes ~ No 4. Will project have a potentially large, impact on groundwater quality? Yes ~ No 5. Will project significantly effect drainage flow on adjacent sites? .. Yes ~ No 6. Will project affect any threatened or endangered plant or animal species? Yes X No 7. Will project result in a major adverse effect on air quality? Yes ~ No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? ___Yes ~No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? ___Yes ~No 10. Will project have a major effect on existing or future recreational opportunities? ~Yes ~NO 11.Will project result in major traffic problems or cause a major effect to existing transportation · systems? ____Yes 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes XNO 13. Will project have any impact on public health 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes period or have a major negative effect on the ~ charact~ of the community or neighborhood? 15. Is there public controversy concerning the project? ~Yes ~ No Preparer' s $i~nature~ Repres enting: ~A~ ~ F~ Date: ~_~__ QUESTiO:~NAIRE TO BE COMPLETED AND SUB?~ITTED ~ITH YOUR APPLICATION FOR~4S 'FO TIIE BOARD OF Al:PEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes ~ 2.a)Are there any areas which Contain wetland grasses? (Attached is a list of the Wetland grasses defined by Town Code, Ch. 97 for your reference.) Yes b)Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? ~ No 4. Are there any existing or proposed fences, cDncrete barriers, decks, etc? Yes ~ If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground' level? State total: ~. ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average groundl-i~-~l? State total: ft. ~ No 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes ~ 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? Yes ~ State Permit ~ and Nature: Do state whether or not applications are. pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Yes No Yes No Yes No Yes No Yes No Yes No Yes No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from cQntract) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made app%ication to the Town Trustees for an 'inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes Yes ~ Yes 13. Please list present use or operations conduQted upon the subject property at this time ~%%~ ~,/ ~ and proposed ~q~, Please submit photographs [or tl~e record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application. Signature (Proper~y Owner)~e~d~ 1/88 WETLANDS [Amended 8-2fi-71; by L.L. No. 2-1:)76; .2-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covervd or intermittently ered ~vith, or ~vhlch border on, tidal waU:rs, 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, swamps mea¢ ows flats or other low lying lands subject to tidal action: (2) All banks, bogs. moadmvs, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, sattworts, sea lavender, tall eordgrass, high bush, cattail& groundsel, marsi~mallow and Io~v march cordgrass; and/or (3) All land immediately adjacent to a t/dal wetland as defined in Subsection A~2) and lying xvitbin seven. ty-five (75) feet lamtward of tho most landward edge of such a tidal wetland. FRESIIWATER WETLANDS: (1) "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 a(t,/acenl~ to a "i'resh~vater wet- !and," as defined in Subsectiox, q B(1) anti lying with- m seventy-five (75) feet landward of the most land- ward ed eof "· g a fieshx~ater wetland." 9705