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HomeMy WebLinkAbout37733645 ' Sbundview Ave. 068 Peconic, NY ................. O1 ...................... 14 ~ Heigl, Gretchen 10/18/85 ~3418 sub-divide with insufficient total area APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINITIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765 1809 ACTION OF THE BOARD OF APPEALS Application of GRETCHEN K. HEIGL for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to connect deck to porch, leaving an insufficient setback fro the south(westerly) property line. Location of Property: Private Right-of-Way located off the North Side of Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 68, Block 1, northerly part of Lot 14 (now 14.1). WHEREAS, a public hearing was held and concluded on Octo- ber 26, 1988 in the Matter of the Application of GRETCHEN K. HEIGL, under Appeal No. 3773; 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, 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 at the northerly end of a private right-o f-way, extending off the north side of Sound View Avenue, in the Hamlet of Southold, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 68, Block 1, Lot 14.1. 2. The subject premises is improved with an one-story frame dwelling as shown on the survey map prepared by Roderick VanTuyl as surveyed July 3, 1986, and amended October 6, 1988. Page 2 - Appeal No. 3773 Matter of GRETCHEN K. HEIGL Decision Rendered November 16, 1988 3. Article III, Section 100-31, Bulk Schedule, Column "A-80" of the Zoning Code requires minimum sideyard setbacks at 20 and 25 feet for a principal dwelling structure. 4. The relief requested by this application is specifically a variance from the required 20 feet to 12.2 feet for the attachment of an existing stoop area containing approximately 30 sq. ft., exclusive of the steps, to an existing sideyard deck, presently setback 17.0 feet from the south(westerly) property line at its closest points, all as more particularly shown on the survey amended October 6, 1988. 5. The dwelling together with the subject stoop area and sideyard deck was constructed pursuant to Building Permit No. 15665 dated February 5, 1987. 6. It is noted that the lot in question was the subject of a prior Board of Appeals action rendered May 28, 1986 under Appl. No. 3418, which conditioned compliance of the "A-80" Bulk Schedule" as to minimum setbacks, and specific right-of-way improvements. 7. In considering this application, the Board also finds and determines: (a) the relief requested is minimal; (b) the relief will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property; (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. Dinizio, seconded by Mr. Goehringer, it was Page 3 - Appeal No. 3773 Matter of GRETCHEN K. HEIGL Decision Rendered November 16, 1988 RESOLVED, to GRANT the relief requested under Appeal No. 3773 in the Matter of GRETCHEN K. HEIGL for attachment of the stoop area to the existing open-deck area with an insufficient setback from the south(westerly) property line at 12.2 feet from the south(westerly) property line (and 10.3 feet to the actual step area), as shown on the Survey Map amended October 6, 1988, prepared by Roderick VanTuyl, P.C., SUBJECT TO THE FOLLOWING CONDITION: There be no further encroachment (expansion) other than as applied or existing that will violate the minimum setback provision for this (south) westerly yard area. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Sawicki and Dinizio. (Absent was: Member Grigonis {out of state}). This resolution was duly adopted. lk GERARD P. GOEHRINGER, C~AIRMAN Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAJ% CHARLES GRIGONIS. JR. SERGE DOYEN. JR. JOSEPH H. SAWlCKI James Dinizio, Jr. MAIN ROAD-STATE ROAD 25 NOTICE OF HEARINGS SOUTHOLD, L.I., N.Y, 11971 TELEPHONE t516; 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 WEDNESDAY, OCTOBER 26, 1988 at the following times: 7:30 p.m. Appl. No. 3773 - GRETCHEN K. HEIGL. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to connect deck to porch, leaving an insufficient setback from the south(westerly) propert~ line. Location of Property: Private Right-of-Way.extending off the North Side of Soundview Avenue, Southold, NY, County Tax Map District 1000, Section 68, _Block 1, northerly part of Lot 14 (now 14.1). 7:40 p.m. Appl. No. 3784 - JAMES YOUNG. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with insufficient front yard ( ~.B.A. Legal Notice '~ -2- October 2¢~'~1988 Hearings setbacks from the westerly and southerly property lines. Location of Property: Waters~" Southold, NY; Block 3, Lot 8. NE/s Minnehaha Boulevard at "Laughing County Tax Map District 1000, Section 87, 7:45 p.m. Appl. No. 3772 - JO~N G. PHILIPPIDES. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition at rear of existing dwelling with an insufficient setback from existing bulkhead. Location of Property: South Side of Old Cove Road, Southold, NY; County Tax Map District 1000, Section 52, Block 2, Lot 10.1. 7:50 p.m. Appl. No. 3785SE - RAYMUND NINE and CHARLES ZAHRA. Special Exception to the Zoning Ordinance, Article III, Section 100-30B{16} for permission to establish "Bed abd Breakfast Use," "an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casualr transient roomers, and renting of not more than three rooms. Location of Property: North Side of New Suffolk Avenue, Mattituck, NY; County Tax Map District 1000, Section 114, Block 11, Lot 20. 7:55 p.m. Appl. No. 3777 - CARL J. AND RUTH V. NELSON. Variances to the Zoning Ordinance, Article III, Sections 100-31 and 100-32, and Article XI, Section 100-119.1 for permission to construct tennis court with 10-ft. high fencing in the frontyard area and total lot coverage in excess of the maximum-permitted 20 ~Z.B.A. Legal Notice ~r~ -3, Oetober ~ 1988 Hearings percent. Location of Property: 1060 Moore's Lane, Greenport, NY; Eastern Shores Subdivision, Section 3, Lot 99; County Tax Map District 1000, Section 33, Block 2, Lot 43. 8:05 p.m. AppI. No. 3786 - MARION SACCONE. Variance to the Zoning Ordinance, Article III, Section 100-30, for permission to replace nonconforming trailer with new single-family dwelling, in addition to the established dwelling structures and uses. Location of Property: 66075 C.R. 48, Greenport, NY; County Tax Map District 1000,~Section 40, Block 2, Lot 7. 8:10 p.m. Appt. No. 3762.- ROBERT G. AND DIANNA BAKER. and Breakfast proposal, 2900 Boisseau Avenue, Southold; 1000-55-6-9. (Recessed from October 6, 1988). Bed 8:15 p.m. JOSEPH A. STOCKEN/M & N AUTO, INC. Location of Property: South Side of Front Street (Route 25), Greenport, NY; County Tax Map District 1000, Section 45, Block 6, Lot 5: Appl. No. 3783SE - Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for expansion of the present property by the addition of a new building to be utilized for the existing automobile service station and public garage, in addition to the continued sales of gasoline and proposed retail (grocery) store uses, all as shown on the August 4, 1988 Site Plan. Legal Notice ?-~ -4- October ~ 1988 Hearings Appl. No. 3782 - Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permission to convert existing building to retail (grocery) store, which is not listed as a permitted use in this "C-Light Industrial" Zone District, in addition to the existing sales use (of gasoline and diesel) and proposed new building for automobile servicing. 8:30 p.m. Appi. No. 3708 - DAVID WALKER/TURTLE ASSOCIATES. Variances to the Zoning Ordinance, Article III, Section 100-3I, for approval of parcel as exists with insufficient lot area and width and more particularly described in Deed at Liber 8721 page 433 dated October 25, 1979, having been set-off without Planning Board approval. Location of Property: 1300 Marratooka Lane, Mattituck, NY; County Tax Map District 1000, Section 115, Block 3, Lot 18.3 (previously part of 18.2). 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 .... Z.B.A. Legal Notice .... ~ -5- October 2~ "1988 Hearings prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-18~9. Dated: October 6, 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, October f~, 1988 and forward one Affidavit of Publication to: Board of Appeals, Main Road, Southold, NY 11971. Thank you. FORM NO. 3 TOBrNOFSOUTHOLD BUILDING DEPARTMENT TOWN CLERK'SOFFICE 'SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated....~ ~ .............. ,19 .~ .~. for permit to construct . .).'"~-X)YN-X)YN-~ . O.~..'~,~...~ ~ ~ 0~ ...... at Location of Property .~...~.q. ~..., .~..~.. '.1~.....(~..,...~~~ ........ House No. Street p/ Ham/et County Tax Map No. 1000 Section ....(~..~.~. ..... Block ..... ~ ~ ...... Lot /' [. ~... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds. ~.' ~c~. ~'..~...~)..d~..~. ~ Bulldog Inspector TOWN OF SOUTHOLD, NEW' YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. OATE .............................. 1, ~f) Gretcheg K. He.]lgl of 3645 Soundview Avenue Nome of Appellant Street and Number Southold NY 11971 ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. 15665Z DATED February 5, 1987 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) .R.p...b..e..r..t....4.o. ~ n..s..e,.n.......cq..e.a.¢.r..a..!...C...o.n..t.r..~..c..t...o r ) Name of Applicant for permit of ..4..3. ! ..! .L2 7..! ................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMISSION TO CONNECT DECK TO BACK PORCH 1. LOCATION OF THE PROPERTY ~.~6~`4~5~S~u~n~v~e~`¥~A~v~e~S~9~u~h~9~];j ............. .A. .................. Street /Hamlet / Use District on Zoning Map Distr~ct ]000 Section068Block01Lot 14 ~ . ................................................................................. [,urrent Ow,er Gretchen K. HeigJ_ Mop No, Lot No. Prior Owner. Wm___~. J. Keener 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 III Section 100'31 3. TYPE OF APPEAL AppeaJ is made herewith for (please check appropriate box) (K]) 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 made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (K) request for a variance and was made in Appeal No...3...4..]:...8. ..................... Dated ..~?..I....2..8...,....].-..9..8...6. ....................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATIO~OFTHE' ,0~DINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2 The hardsh~) created is UNIQUE and is not shored by oil oroperties alike in the immediate vicinity of this property aha in this use district because 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becausethe attachment of the existing and con- forming deck to the existing back porch would not cause either of those structures to encroach any closer to the property line tha~ they are at present, nor would the proposed 4' connection cause the resulting snrucnure to encroach any closer to the property line. The point of the existJng structures which is presently closest to the property line is the exnreme southeast corner of the steps of the existing back porch, and that will remain in glace whether the deck/porch connection is in place or .ot. The point at which the proposed connection be made faces the property line obliquely. The nearest neighboring structure is about 1257 to the south~ and can't be seen through dense woodland. Finally~ as is indicated in the photographs that accompany this appeal, the connected deck/porch is esthetically more appealing, and improves the overall appearance and value of the property. STATE OF NEW,YORK COUNTY TYPE OF.BUILDING . ,: . · LAND .... :~ 'r,'-,'~^ +~.'; ,.~ ~-.,~,.-.~ . : , .. , DATE , RF. JV~k~q ;' ',/' ~ ~' FRONTAGE ON WATFD J M. Bldg. Extension Extension Extension Foundatio~ Basement Ext, Walls :ire Place ;3~'~j L-- L_. Floors interior Finish -~, ~ Heat ~0-7 ~ ~ ~'e~ Porch Deck Breezeway Garage Pool Patio Driveway Attic Rooms 1st Floor Rooms 2nd Floor tEALTH -i . MAP OF Pr2.0F~E[~T'x .TH DEPARTMENT '.... . D~/,/ELLING oNLY,. . ...... LOCATION . HAVE BEEN INSPECTED .ITIE~ FOR THH THIS DEPARTMENT AND Section :, NV"c~' II 8 )~TI 'A'N'OV]HB~AI~ HilV2H JO'ld30 iiNNO0 ~]OJJNS I~DERICK VAN TUYL, '.:; ,~ ,~.':, V ..__ n--~..,..4' '.-?.,. sy~£Ms TO :'FTHE: COUNTY - TRANSCRIPT OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS OCTOBER 26, 1988 REGULAR MEETING Appl. NO. 3773 Matter of GRETCHEN K. HEIGL. Request for Variances to the Zoning Ordinance, Article III, Section 100-31, for permission to connect deck to porch, leaving an insufficient setback from the south(westerly) property line. Location of Property: Private ROW extending off the North Side of Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 68, Block 1, northerly part of Lot 14 (now 14.1). Present were: Chairman Gerard P. Goehringer, Charles Grigonis, Jr. and James Dinizio, Jr., constituting a quorum of the five-member Board. (Absent were: Serge Doyen due to serious family illness, and Joseph H. Sawicki.) Also present were: Linda Kowalski, Board Secretary, and approximately 30 persons in the audience at this time. ~.~.-The Chairman read the Legal Notice of Hearing for the record and proceeded with the public hearing, as follows: CHAIRMAN GOEHRINGER: I have a copy of a survey, most recent date is October 6, 1988 indicating the approximate placement of the house and the deck, which is affixed to the house on the property, and showing the specific nature of this particular appplication -- which is the stoop and the porch on the west side. And that was produced by Roderick VanTuyl, P.C., and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. And I have letters in the file in opposition. Is there somebody who would like to be heard? Sir. How do you do? How are you this evening. MR. FREDERICK HEIGL: I'm Mr. Heigl, Mrs. Heigl's husband. CHAIRMAN GOEHRINGER: I remember you from the last time. Page 2 - Hearing Transcript Matter of GRETCHEN K. HEIGL- Appl. No. October 26, 1988 ZBA Regular Meeting 3773 MR. HEIGL: With respect to the application, I would like to point out that the deck which is referred to in the application is standing - it isn't attached to the house - and is within the building envelope. The proposed section which adjoins the deck and the porch is four feet in length. At its closest point to the building envelope, that additional section would still be within the building envelope, 15 feet from the line. The point at which it would flout the law, if you will, the regulation-- is that by virtue of it being connected to the porch. The porch is closer to the line than the 15 feet; and while that is permitted, because it is a porch- and so I am lead to understand, it would not be permitted simply because it's attached to the deck, which I also understand. The reason I asked to be heard on this particular subject is one of the letters of opposition that I am aware of, the only one that I am aware of by the way, apparently was received just moments ago from Mrs. Lytle and alleges --certain allegations were made which are not entirely correct and I'd like to give you my understanding of what they are. CHAIRMAN: Sure. MR. HEIGL: In the first paragraph--the second paragraph she states that the proposed deck would be within the setback. I presume she means it would be closer to the line than the 15 ft. setback calls for. That's not very clear. At the end of the third paragraph, she states that additional construction closer to the property line will further increase the difficulty in her sale. I cannot address the difficulty of her sale nor is it my intention to try to do so. But any additional construction that we propose is simply the 4 ft. bridge, if you will, between the existing deck and the existing porch. And none of that will be closer to the property line than what is there now. Finally, the deck was removed and rebuilt--the deck has not been removed. The 4-ft. section had been removed. It was removed twice. It was put back once because I was told that it didn't make any difference and then when my misunderstanding was corrected, it was removed the second time. It is now removed. Ok? As far as her other comments concerning fill, which is on her property, the drainpipe part was correct. There was a drain that was lead to her property and when it was pointed out to me, I had it corrected by the builder. And that was long before the Certificate of Occupancy was even considered, let alone issued. Page 3 - Hearing Transcript Matter of GRETCHEN K. HEIGL- Appl. No. October 26, 1988 ZBA Regular Meeting 3773 MR. HEIGL, continued: As far as fill on her property, that would be a matter of dispute. And it there was any there, you'd be hard-pressed to find it today because the property is in fact returned to its natural state. In fact, if it was any more overgrown, we wouldn't be able-- it's tick-heaven up there now. So there's plenty of woods. Believe me. I would be glad to try to in any way satisfy any questions the Board might have, either now or at a later time. CHAIRMAN: What we're in effect talking about then is basically a four ft. reduction of the side yard, the -- I'm going to refer to it as a stoop. You referred to it as a porch, I believe. MR. HEIGL: It's a set of steps going up to the back door. Yes, sir. CHAIRMAN: That's approximately four feet wide? MR. HEIGL: Three-and-one-half. Four feet. CHAIRMAN: Ok. The edge of the house is approximately right on the edge of the side yard, so that basically it's a reduction of 3-1/2 feet then into the actual side yard? Instead of 15 feet, it's really 11-1/2. MR. HEIGL: Yes. Actually, accordingly to VanTuyl, it's 10.2 at the corner. CHAIRMAN: Right. Ok. Just so we have that for the record so we know it exactly. MR. HEIGL: That's ok. CHAIRMAN: Ok. I thank you, Mr. Heigl, and we'll see what develops after this next gentleman speaks and you may want to come back and rebut something that he says. Is there anybody else that would like to speak in favor of this application? Sir, would you like to speak concerning this letter at all? No? Page 4 - Hearing Transcript Matter of GRETCHEN K. HEIGL- Appl. No. October 26, 1988 ZBA Regular Meeting 3773 MRS. VIRGINIA LYTLE RUMPLER: I'd like to speak, not in favor. Good evening. My name is Virginia Lytle Rumpler. I'm speaking on behalf of my mother, Mabel Lytle, and as a taxpayer in the Town of Southold. My mother's land adjoins the Heigl property. The Heigls were granted a variance for a subdivision with an undersized plot. They then proceeded to erect a 2-1/2 story house without a building permit 15 feet from the line. The permit was then granted. A deck was added and was built with the house. When the deck went up, it was within this 15 ft. setback. I spoke with a builder. I went down to Town Hall. Curt Horton showed me the law that the steps from the kitchen, which you're calling the back porch the stoop, under the law, are allowed. The deck would not be allowed because it was within the setback. The deck would have to be removed. The deck was removed -- the four foot bridge was removed. The bridge went back. The Town said it must come out. The bridge came out -- the seal, I believe had been granted. I believe the Town has been more than lenient in this case and on behalf of my mother and as a taxpayer myself, request that this variance be denied. Thank you. CHAIRMAN: Thank you very much. Is there anybody else like to speak in opposition? (None) Is there anything you would like to say in rebuttal, sir? MR. HEIGL: I would just like to make one comment. I can appreciate and perhaps even be sympathetic with Mrs. Lytle's concern about what she perceives as a potential detriment to her capacity to sell the piece of property which has been subdivided. As to the references to the fact that the house has been built on a parcel that was undersized--a building permit was issued, the subdivision was permitted under a variance. That's history. And I really don't see what it has to do with the question at issue before this Board with all due respect. If there was merit in denying those requests, then again in my humble opinion and in all due respect, those respects should have been denied then. Let's not go back over ground that was covered once--the issue's settled. That's the only co~ent that I have to make. CHAIRMAN: Thank you, Sir. Anything else? Yes, sir. Just state your name again for the record if you wouldn't mind. Page 5 - Hearing Transcript Matter of GRETCHEN K. HEIGL- Appl. No. October 26, 1988 ZBA Regular Meeting 3773 BILL CHAMBERLAIN: My name is Bill Chamberlain, and I'm Mrs. Lytle's son-in-law. She had asked me to make some comments because of my close association with the real estate business. She is concerned, largely because the parcel is for sale and she needs the proceeds in order to continue the maintenance of medical bills and continue being able to live where she lives now. And every party that has looked at the property to date has sighted the proximity of this house as a draw back, and it being a detriment to buying this parcel. Thank you. CHAIRMAN: Thank you. Yes, Sir. MR. HEIGL: Can I respond to that please. I can't quarrel with you, Mr. Chamberlain. I'm in the real estate business, and I would be hard-pressed to comment one way or the other. The presence of that may or may not affect the saleability of that parcel. Short of taking the house down, which is not the subject that we're discussing tonight, I don't see how that's going to be resolved. Nor do I see the deck is going to seriously in any way impede or detract from the value of the adjacent parcel. I think it's a specious argument. CHAIRMAN: Thank you. Hearing no further comment, I'll make a motion closing the hearing and reserving decision until later. And we thank you all for your courtesies. That's both families. MEMBER GRIGONIS: Second. On motion by Mr. Goehringer, seconded by Mr. Grigonis, and duly carried, the hearing was declared closed (concluded) pending deliberations at a later time. The hearing was concluded at 7:44 p.m. Respectfully submitted, ~. ~nowa~etary Southold Town Board of Appeals DEPARTMENT OF' PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN :SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E~. KOPPELMAN DIRECTOR OF PLANNtNG December 12, 1988 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Co~anission 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) Elsie D. Young Grbert & Dianna Baker etchen K. Heigel James Young 3760 3762 3773 3784 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 ' SOUTHOLD, L.I., N.Y. 11':371 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. R$~F-~,T J. DGUGLA33 ' JOSEPH H. SAWlCKI James D5nizio, dr. Pursuant to Article XlII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×× Variance from the Zoning Code, ArticleTlZ , SectionlO0-31 Variance from Determination of South~ld Town Building Inspec{or Special Exception, Article , Section Special Permit Appeal No.: 3773 Applicant: Gretchen K. Heigl Location of Affected Land: Private ROW off N/s County Tax Map Item No.: 1000- ~-1-14.1 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) Soundview Ave., Southold, NY State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area State or State or Federally Owned Land Federal Park or or 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, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to ~nne~ porch, !e~V!~g ~n in~imlmnf ~e¼~ ~nm eh~ south (westerly/ property line Copies of Town file and related documents enclosed for your review. Dated: Deceraber 6, 1988  Southold Town Board of Appeals ~'~ ~°~ ' ~ ~°~° ~ ~°~°~'~i~/~7~o~ APPEALS BOARD MEMBERS GERARD P. GOEHRtNGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR, December 5, 1988 Mr. and Mrs. Frederick Heigl P.O. Box 32 Peconic, NY 11958 Re: Appeal No. 3773 - Variance Dear Mr. and Mrs. Heigl: Transmitted herewith for your file and perusal is a copy of the determination rendered by the Board of Appeals recently concerning the above application. Please be sure to return to the Building Department 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 Enclosure Copy of Decision to: Office of the Building Inspectors Suffolk County Department of Planning SUFFOLK CO. HEALTH ~i:,l" ~. AFFT. OVAL H.S. NO. B6.-SO-144. STATEMIGN1]" O~' iNTeNT THE WATER SUPPLY AND SEWA~ OlSIK)SAL SY~E~ FOR THIS RESI~KE WILL CONF~M TO T~ ST~Aff~ OF THE ~FF~K CO. OE~. M HEALTH ~RVICES. (SI A~IcANT SUFFOLK COUNTY DEPT. OF HEALTH SERVIC£S -- FOR APPROVAL OF CONSTRUCT fON O~LY DATE: H. s. REt. NO.: APPROVED: ~ ~FOLK CO. TAX ~ DE~ONATI~: DIST. ~CT. ~K 'OWNE~ AD~: ~ED: L.~]~ P.464 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBerT 3. -r2~£'--".S$ JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, l.l., N.Y, 11971 TELEPHONE (516) 765 1809 UPDATE FOR Z.B.A. RECORD The Building Inspector(s) confirmed today with me that the subject porch is legal as exists with a setback of less than 15 feet from this westerly side property line since it is 30 sq. ft. or less and detached from the nearby deck. I was informed that they do not have a diagram showing the dimensions of the porch construction and do not have the setback of the porch or stairs to the westerly property line. A letter was previously sent to the applicants requesting the setback and dimensions of the porch and deck area within our jurisdiction since same according to the Building Inspector is within the 15-ft. setback. September 15, 1988 ~...~ ~.~ lk Memorandum from. 0 · BLDG DEPT T,~WN OF To: From: own Board of Appeals L, SOUTHOLD, N.Y. 11971 765-1809 Date: ~//~'.~:.~C~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR, SERGE DOYEN, JR. RC~."7, T J. DOUCLA~ JOSEPH H. SAWlCKI Southold Town Board of Appeals TOWN OF SOU~O~ TO: Building Department FROM: Board of Appeals DATE: September 6, 1988 SUBJECT: Pending Building Permit #15665Z Property Now of Gretchen Heigl - 1000-68-1-14.1 We have an appeal pending by the above property owner concerning a'Notice of Disapproval dated July 28, 1987 for a deck attached to the newly constructed dwelling structure. The applicant has informed our office that the subject deck and porch areas are conforming as exist. Please provide us with copies of all documents in the above Permit File and Road File, and copy of the sketch showing the areas disapproved for this Board's jurisdiction (if available) since the map submitted to our office by the applicant does not furnish same. Thank you. I'dAP OF_ :PROP:Ei-~.Ty -- .. -._:?.,~?..U_(4_VEYEO :FOr2.. LO, L_:t,::S_~. :~ ~Z':.: ' Memorandum from.... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 From: 765-1809 '7 Date · APPEALS BOARD MEMBERS GERARD P. GOERRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. $outhold Town oard of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (5'~6) 765-1809 INTER-DEPARTMENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: Building Department Board of Appeals September 6, 1988 Pending Building Permit #15665Z Property Now of Gretchen Heigl - 1000-68-1-14.1 We have an appeal pending by the above property owner concerning a'Notice of Disapproval dated July 28, 1987 for a deck attached to the newly constructed dwelling structure. The applicant has informed our office that the subject deck and porch areas are conforming as exist. Please provide us with copies of all documents in the above Permit File and Road File, and copy of the sketch showing the areas disapproved for this Board's jurisdiction (if available) since the map submitted to our office by the applicant does not furnish same. Thank you. Southold Town Board of Appeals MA N ROAD- STATE ROAD 25 5OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI September 6, 1988 Mr. and Mrs. Frederick Heigl 3645 Soundview Avenue Southold, NY 11971 Re: Appeal No. 3773 Dear Mr. and Mrs. Heigl: This letter will acknowledge receipt of your application filed on August 30, 1988 and confirm that the Board Members will be conducting reviews and field inspections prior to the public hearing on this matter. In reviewing the file, we find that the copy of the survey sketch which was submitted does not show the exact setback from the nearest corner of the "porch" existing or from the nearest corner of the "deck", existing or proposed. Please furnish a sketch and/or copy of a revised map showing the existing porch and deck separations, dimensions, and setbacks as exist and proposed. Also, we must ask that you return to the office in order to sign and have re-notarized the Neighbor Notice Form. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN SoutholdBoard of Appeals Town . APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI Mr. and Mrs. Frederick Heigl 3645 sound~w Avenue Southold, ~11971 Re: Appeal No. 3773 September 6, 1988 Dear Mr. and Mrs. Heigl: This letter will acknowledge receipt of your application filed on August 30, 1988 and confirm that the Board Members will be conducting reviews and field inspections prior to the public hearing on this matter. In reviewing the file, we find that the copy of the survey sketch which was submitted does not show the exact setback from the nearest corner of the "porch" existing or from the nearest corner of the "deck", existing or proposed. Please furnish a sketch and/or copy of a revised map showing the existing porch and deck separations, dimensions, and setbacks as exist and proposed. Also, we must ask that you return to the office in order to sign and have re-notarized the Neighbor Notice Form. Yours very truly, GERARD P. CHAIRMAN GOEHRINGER So thold Tow B rd of Appe Is  MA N ROAD- STATE ROAD 25 SOLITHOLD, L.I., N.Y. 1197~ TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ~CD~2T J. DCUCLA~$ JOSEPH H. SAWtCKI INTER-DEPARTMENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: Building Department Board of Appeals September 6, 1988 Pending Building Permit $15665Z Property Now of Gretchen Heigl - 1000-68-1-14.1 We have an appeal pending by the above property owner concerning a'Notice of Disapproval dated July 28, 1987 for a deck attached to the newly constructed dwelling structure. The applicant has informed our office that the subject deck and porch areas are conforming as exist. Please provide us with copies of all documents in the above Permit File and Road File, and copy of the sketch showing the areas disapproved for this Board's jurisdiction (if available) since the map submitted to our office by the applicant does not furnish same. Thank you. Memorandum from.... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 To: From: Date PeconJc, ~'~ 11~:5S October 26~ 7985 Southold Town Board of Appeals ~lain Road Southold, NY 119.71 Ne: Variance ~eque,~t /,,~77~ -'~retchen ,. :emal Appl. "'= .~ent le..en. As the owner of property adjacent to the 2eigl's southwest property line, I wish to comment on their request for a variance affectin~ the set-bac-: from that line. The !leig!'s house is a 2-story structure, the walls of which ~ come t,% ~ feet from the property line in question, the mini!mm allowed by law (the lot, created by subdivision about ]g$5, is less than two acres). ~he proposed dec:,~ would be within this set-bac-~. mecentiy the Town ~oard approved the subdivision of :ny property into two parcels, ~.4~ and 6.6 acres, with the stipulation that no further subdivision be made. The parcel adjoining the ~eis1 property is for sale. mhis sale is very important to me, as the proceeds are needed for my continued support. Unfortunately, all_ prospective buyers to date have cited the proximity of the leigl's house as a detriment, and I am concerned that any additional construction closer to the property line will further increase the difficulty of a sale. To give you some background, the !.eigl house was constructed in ~950-$7 with the dec~ in place, resulting in a set-bacH of about ]O feet. In addition, fill was placed on my property, together with a drainpipe which emptied inside my property. I made several complaints to the Town Building Dept. The decx was removed and then re-built several tizzies. 'The drainpipe was removed, but my request for removal of the fill, which extends about 20 feet inside the property line, and for restoration of the land to its natural state, has not yet been complied with. In view of the above, ! wish to express :ny opposition to the request for variance. Yours truly, Southold Town Board of Appeals MAIN RnAD- STATE REiAD 25 S{3UTHr3LD, l.l., N.Y. 119'71 TELEPHONE (516) 766-1809 APPEALS BOARD MEMBERS October 26, 1988 GERARD P. GOEHRINGER, CHAIRMAN S · E. Q. R. A. CHARLES GRIGONJS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION RO'3-ERT J. 9g'JCLASS JOSEPH H. SAWJCKJ Notice of Determination of Non-Significanc~ James Dinizio, Jr. APPEAL NO.: 3773 PROJECT NAME: Gretchen K. Heigl 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: IX] Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION: Permission to connect deck to porch, leaving an insufficient setback from the south (westerly) property line. LOCATION OF PROJECT: Town of Southold, County of. Suffolk, more particularly known as: Private ROW off Soundview Ave., Southold, NY 68-1-14.1 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 C STATE OF NEVORK) )ss: COUNTY OF SUFFOLK) of Mattituck, in Chris tina~ Con. tenSO said County, being duly sworn, says that he/she is principal Clerk of THE SUFFOLK TIMES, · Weekly Newspaper, published at Mattituok, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is · printed copy, has been ~eguindy published in said Newspaper once each week fo; _~ weeks successively, oommencing on the 20 day of October 19 88 Pdncipal Clerk Legal Notices NOTICE OF HEARINGS NOTICE L~ HEREBY GIVEN, i~nin t6~ion 267 cd' the To~n Law nnd the Code of the Town of Semhold, the fdlowln8 belongs will ~ at a Regular Mcedn~ at thc Seuthold Town Hall, Main Road, Semhold, NY 11971, on NY; County Tax Map District 1000, Selden 87, Block 3, Lot 8. 7:45 p.m. Appl. No. 3772 - JOHN G. PHILIPPIDES. Variance to the Z~in80r~nmoe, A~ricle Xl. Section 100-119.2 f~ Permission to construct deck nddition at tear of ex- ./iating dwelling with an insuffic~mt cation of Pricey: Sonth Side of Old Cove Road, Seothold, NY; County Tax Map District 1000, Section 52, Block 2, Lot 10.1. WEDNESDAY. OCTOBER 26. 1988 ' 7:50 p.m. Appl. No. 37858E - a~ thc followins times: ~ RAYMOND NINE and CHARLES ~' 7:30 p.m. Appl. No. 3773 -'~ ZAHRA. Special Exceplion to the the Zonina Ordinance, Article 1Ti, ~ 100-30B{ 16} for Penmsston to es- S~ction 1~0-31 for permission to ~ teblish "Bed and B~eakfast Use," "an c~-mect deck to ix~ch, leaving an in- ~ ovmcr-oco~pied building, ether thm~ a ~sufficient setback from the ] hotal, where ledging and btcakfast ts [south(wcstedy}im=pertyline. Loca- I pmvidedfe~notmo~thansixcastm], /lion of pr~grt¥ Private Right-of- ~ transi~t ro~ners, and tenting of not ~Sotmdvicw Avenu¢,Semhold, NY; ~ Prope~y: NonhSideofNewSuffolk ~. Cmmty T~-x Map Dimic~ 1000, Sec- ~ Avenue, Mattimck, NY; Co~mty Tax 14 (now 14.1). r~ Block 11, L~ 20. 7:40 p.m. Appl. No. 3784*'- 7:55 p.m. Appl. No. 3T'/? - JAMES YOUNG. Variance to thc CARL J. AND RUTH V. NELSON. Variances to the Zoning Ordinance, Arfidc BI, Sections 100-31 and 100- 32, and Article XI. Seedon 100-119.1 for permission to construct tennis ~onrt with 10-ft. high fencing in the f~x~tyard men and total let coverage in excess of thc maxlmum-pen~tted 20 Swnm to he,re nm this ~ y p~BLIC, State ot New Y0vk ~yo'~ L,.t~l ~ - ~ ~L ~fi~: I~ S~u~,~ ~o~c Au- ~'s ~, O~, NY; ~st- ;ust 4, 1988 S~ ~. 99; ~nty Tax Map ~d~ 1000. Section 33, Block 2, Le~ 43. 8:05 p.m. Appl. No. 3786 - MAR/ON SACCONE. Variance to the Zoning Ordlnnnce, A~ide Secdon 100-30, ~or pemdssion to m- plato noaconfomdn~ ualkr with new single-family dw~llln~ in addition to the esteb~sbed d ~e,]~n~ suutames and uses. Location el Pmpeny: 66075 C.R. 48. G~.e~pe~ NY; Cmmty Tax Map Dimia 1~0~, Secsim~ 40, Block g:10 p.m. A~.' No. 3762 - ROBERT G..~ND= DIANNA BAKE~. Bed and Bn~fHt IXOpesal, 1000-55-6-9. & . INC. Loc. a~ion of Prof--5,: ~ Side of Front St~t (Route 25). Gteenpon, NY;County Tax ]Vl~ District 1{300. ~on 45. Block 6, Let $: · AppL No. 3783SB - Special Ex- cep~on to the ZoninB Ordinance, fcle VIIL Section 100-80 for expan- sion of the present preperty by thc addition d · new boiklins to be ut/- l/ged for the ex/sling all~s~%obile ser- vice station and public garage, in addilion to the continued sales of gavel/ne and proposed mail exis~ng bnil6in~to 8:50 p.m. A~I. No. 3708 - DA~ W~~ A~O- ~S. Vad~ to ~e Z~in~ 31, for ~ w~ ~*~fi~t I~ ~a ~d ~d~ ~ m~ ~dy L~ation of Pr~erty: 1300 Mn~t~a Co~ty Tax Map Distd~ 1~, h~ ~ ~ of ~e a~e matto~, 1~. BY ~DER BO~ OF A~ ~-1~ GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings wilt be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on WEDNESDAYI OCTOBER 26, 1988 at the following times: , 7:30 p.m. AppL No. 3773 .-~ JGRETCHEN K. HE/GL Vari- /' ance to the Zoning Ordinance, · ~Article 111, Section 100-31 for .~0ermission to connect deck to ~' porch, leaving an insufficient~ setback frOm the south(westerly} property line. Location of Pro- petty: Private Right-of-Way ex. tending off the North Side of Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 68, Block 1, north- ~..~erly part of Lot 14 (now 14.1~ 7:40 p.m. Appl. No. 3784"-- JAMES YOUNG. Variance to the Zoning Ordinance, Artic~g,,,' 111, Section 100-31 for permis-. sion to construct addition to dwelling with insufficient front yard setbacks from the westerly and southerly property lines. Location of Property: NE/s Minnehaha Boulevard at "Laughing Waters;' Southold, NY; County Tax Map District I000, Section 87, Block 3, Lot 8. ._7:4~5.p.m~_Appl. No. 3772-- JOHN G. PHILIPPIDES. Vari- ance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck ad- dition at rear of existing dwell- ing with an insufficient setback from existing bulkhead. Loca- tion of Property: South Side of Old Cove Road, Southold, NY; County Tax Map District 1000, Section 52, Block 2, Lot 10.1. ~ p.m. Appl. No. 3785 SE--RAYMOND NINE and CHARLES ZAHRA. Special Exception to the Zoning Ordi-. nance, Article 111, Section 100-30B[16] for permission to establish "Bed and Breakfast Use~' "an owner-occupied build- ing, other than a hotel, where lodging and breakfast is provid- ed for not more than six casual transient roomers, and renting of not more than three rooms Location of Property: North Side of New Suffolk Avenue Mattituck, NY; County Tax Map District 1000, Section 114 Block 11, Lot 20. 7:55 p.m. Appl. No. 3777---/ CARL J. and RUTH V. NEL- SON. Variances to the Zoning Ordinance, Article Ill, Sections 100-31 and 100-32, and Article X.l, Section 100-119.1 for permis- sron t onstruct tennis court with~ high fencing in the frontyar~---'~' area and total lot coverage in excess of the maxi. mum-permitted 20 percent. Location of Property: 1060 Moore's Lane, Greenport, NY; Eastern Shores Subdivision, Section 3, Lot 99; County Tax Map District I000, Section 33, Block 2, Lot 43. 8:05 p.m. Appl. No. 3786-- MARION SACCONE. Variance to the Zoning Ordinance, Arti- cl.e I!1, Section 100-30, for per- .rmsston to replace nonconform- Ing trailer with new single, family dwelling, in addition to the es- tablished dwelling structures and uses. Location of Property: 66075 C.R. 48, Gseenport, NY; County Tax Mai S~tipn 40, Block~ 2, Lo~ ?.~ COUNTY OF SUFFOLK i~T~ATE 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 ............ ~.~..~..'~..... BAKER. Bed and Breakfast Proposal, 2900 Boisseau Ave- nue, Southold; 1000-55-6-9. (Re- cessed from October 6, 1988). 8:15 p.m. JOSEPH A. STOC- KEN/M&N AUTO,/NC. LOca- tion of Property: SOuth Side of Front Street (Route 25), Green- port, NY; County Tax Map Dis- trict 1000, Section 45, Block 6, Lot 5: Appl. No. 3783SE--Special Exception to the Zoning Ordi- nance, Article Vlll, Section 100-g0 for expansion of the pre. sent property by the addition of a new building to be utilized for the existing automobile service station and public garage, in ad- dition to the continued sales of gasoline and proposed retail (grocery) store uses, all as shown on the August 4, 1988 Site Plan. Appl. No. 3782--Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permis- sion to convert existing building to retail (grocery) store, which is not listed as a permitted use in this "C-Light Industrial" Zone District, in addition to the exist- ,- ing-'sales use (of ~iesel) and Proposed new build- lng for automobile servicing. 8:30 p.m. Appl. No. 3708-- DAVID WALKER/TURTLE ASSOCIATES. Variances to the Zoning Ordinance, Article Il/, Section 100-31, for approval of parcel as exists with insufficient lot area and width and particularly described in Deed at Liber 8721 page 433 dated Oc- tober 25, 1979, having been set- off without Planni ag Board ap- proval. Location of Property: 1300 Marratooka Lane, Matti- tuck, NY; County Tax Map Dis- trict 10~0, Section 115, Block 3, Lot 18.3 (previously part of 18.2). The Board of Appeals will at said time and place hear any and ~l.persons or rePreSentatives de- siring 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 lotted. For more information, please call 765-1809. Dated: October 6, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN By Linda Kowalski IX, 10/20/88 (3) .................. day of ry Public I, RA k $OHNEIt'ER JBLIC, State of Ney., No. 4806846 led in Suffolk Co: n~;y Ssioa Expires ~//~, APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. JOSEPH H. SAWlCKI James Dinizio, Jr. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 -qOUTHOLD, L.I., N.Y. 119'71 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, GERARD P. GOEHRINGER CHAIRMAN Southold Town Board of Appeals IVlAIN ROAD-STATE ROAD 25 SOUTHDLD. L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI James Diniz~o, List of Mailings Hearings for October 26, 1988 Southold Town Board of Appeals Copies to the following on or about October 14, r. and Mrs. Frederick Heigl P.O. Box 32, Peconic, NY 11958 1988: Mr. William Chamberlain (Re: Heigl) Huntington Station, NY 11746 22 Bowden Drive, Horton Construction Co. Attention: Mr. Gerry L. Horton P.O. Box 1442, Mattituck, NY 11952 Mr. John G. Philippides 35 Avalon Road, Garden City, NY 11530 Mr. Charles Zahra and Mr. Raymond Nine Mattituck, NY 11952 1830 Pike Street, Mr. and Mrs. Carl J. Nelson P.O. Box 373, Greenport, NY 11944 Mr. and Mrs. William L. Schroeher (Re: Nelson) 525 Greenhill Lane, Box 608, Greenport, NY 11944 J. Kevin McLaughlin, Esq. 828 Front Street, Greenport, NY 11944 as Attorney for Marion Saccone as Attorney for Joseph A. Stocken as Attorney for Turtle Associates (David Walker) William D. Moore, Esq. Box 23, Suite 3, Mattituck, NY 11952 as Attorney for Mr. and Mrs. Robert Baker Legal Notice of Hearings for October 26, 1988: Copies to the following on or about 10/14/88: Mr. and Mrs. Robert G. Baker 2900 Boisseau Avenue, Southold, NY 11971 Gary Flanner Olsen, Esq. (Re: Walker/Turtle Associates) as Attorney for Mr. and Mrs. J. Lowell Main Road, Box 706, Cutchogue, NY 11935 Mr. and Mrs. Jackson Lowell 1100 Marratooka Lane, Box 266, Mattituck, NY 11952 Mrs. Catherine Woodhull Marratooka Lane, Mattituck, NY 11952 Charles R. Cuddy, Esq. 180 Old Country Road, Box 1547, Riverhead, NY 11901 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 TOV/N CLERK REGISTRAR OF VITAL STATIST[CS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: August 30, 1988 Transmitted herewith is Zoning Appeal No. 3773 Gretchen K. Heigl · 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 ~nllthnld "l'n:~n ¢~larl4' TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number Southold NY Municipality 11971 ............................ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. 15665Z DATED February 5, 1987 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) .R. 9.b. ~.v. ~ ....4 .~..h. n .~..e..n.......Cq.v.n .¢.r.n.L..~.2 n.k r..~..q .~.9 r ) Nome of Applicant for permit of X...LLg..v..k ................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMISSION TO CONNECT DECK TO BACK PORCH 1. LOCATION OF THE PROPERTY ~3.~.4.~.5..~g.u.~.n.~.d.y.~.~.e..V~fl.~v.e.~.S.~.~..u.~L.h..~.~.1;.d. ............. .A. .................. Street /Hamlet / Use District on Zoning Map District 1000 SectionO68BlockOlLot 14 Current Owner Gretchen K Heigl Iv~op No. Lot No. Prior Owner Wm. J. Keener 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 III Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (XX) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec, 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (X) request for o variance and was mode in Appeal No...3...4..]...8. ..................... Dated ...H..a..~....2..8..,....]..2,8,..6. ....................................... ) X) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by oil properties alike 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 becausethe attachment of the existing and con- forming deck to the exzsting back porch would not cause either of those structures to encroach any closer to the property line than they are at present, nor would the proposed 4' connection cause the resulting structure to encroach any closer to the property line. The point of the existing structures which is presently closest to the property line is the extreme southeast corner of the steps of the existing back porch, and that will remain in place whether the deck/porch connection is in place or not. The point at which the proposed connection be made faces the property line obliquely. The nearest neighboring structure is about 125' to the south, and can't be seen through dense woodland. Finally, as is indicated in the photographs that accompany this appeal, the connected deck/porch is esthetically more appealing, and improves the overall appearance and value of the property. STATE OF NEV~,~YORK ) S~gnature/ Sworn ~_ 6~ ~ ,q'" ~' ~ :'~ ',' ~ ~',V York ~ Not ~ Pu~,~ '- ~ · ~ ' Not6ry Public ~ OualifieJ in Su~;::,k County /~[o;misslon Expires M~y BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o]; the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 1. 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: 3645 Sonndview Av~nll~: .qr~,~-hr~]~; 1%T¥ 11Q71 County Tax Map 1000, Sectinn 068: Bln~ ~1~ T.nr P/n IA 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 following relief: Permission to connect an existing and conforming deck to an existing back porch. Although both structures are presently in place, connectin8 them would constitute a violation of the 15' setback requirement. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-91 [ ] Section 280-^, New York Town Law for approva] of access over right(si-of-wRy. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the tight to appear and be heard at such hearing. Petitioner ~ Owners'Names: Gretchen K. He Post Off, ce Address PO Box 32 Peconic. NY 11958 LYTLE, Henry B. & wf PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS PO Box 1156, Peconic, NY 11958 P 787 648 434 RECEIPT FOR CERTIFIED MAIL NO ~NSURANCE COVERAGE PROVIDED NOT FOR ~NTERNATIONAL MAIL (See Reverse) Street' and N~ L P O State and ZIP Code FULTZ, Gloria STATE OF NEW YORK COUNTY OF SUFFOLK of verse side No PO, Slate and ZIP Code , Postage Certified Fee Restricted Delivery Fee lo whom and Date Delivered Date, and Address of names; that the addresses set opposite the na~of ~ - / / the current assessment roll of the Town Of Southol(I ',, "' rice at - (certified) (registered) mail. '""~ ? ! ~' day ion the pective shown on ires Post Of- persons by Tem~ Expires December 31, 1~..~." (This side does not have to be completed on form transmitted to adjoining property owners.) (a) Xn order ~o ~n~we~ ~ho quaatAon~ ~roparar will u~ c~rrontly ~vatlablo infon~tion ~oncor~n~ ~017 ~pac:3 oA tho action. I~ is not uxpectcd th:At addltl~,,,~l or othor tnvosciga~ions w~l be ~dor[akon, (bi If any question has bean ans~or~,d cc~plo~ad Enviro~en~al ~ssossmon~ Fo%~ is neccssaxT. (c) ~ all qu~atlons have been answered po~ significant. (d) ~nviro~entnl A~en~men~ 1. W~i project reset ~o thc project ~ito or phy~ically al~er morc th~n 10 ocre~ o~ l~nd? . · . · · · · · · . 2, Will thoro bo a ~Jor chan~o to unuuual land fo~ found on tho ~ltc? · . W~i rroJect al:or or havo a an oxiuting bo~y of ~.W~i project havo a potontially largo gro~dwatcr quality? . . ~. W~i project ~l~iflcaatly. off~ct 6. Will project affect any -plant or anL~l ~pccien? . ....... W~i project ro~t in mir quality? 8. W~i project havo'a ~.~Jor of foci cn via,mi char.- actor of tho tom. mutiny kno~ ~o bo ~portant to tho court, unity? · · · Will p~o~c~ ~dvcrooly i~pact i~portanco or any site douignated onvironmo~l area 10. W~i project h~vo future recreational oppor~iti,)~7 · · . 11. WAll proJect.r~oult' in ~Jor ~r:~fl'lc problem:, o;- ca~a~ ~ m~Jor o~ec& 12. Will proJoct ro~arly noise~ claro~ vibration, or cloctr~cal 13* Will proJoct havc any impact on Imbl ic hel~]tb or sal'ctY'f Will pro30c~ Arfoc~ d~roctly causing a ~ruwth tlon o~' moro then ~ purcent ovor a cne,-yu~r PRE . , e , ' ~ - STATE DEPAP, TN~ OF ~-~I.~01~iEI,~TAL CO~SERVATIOH P, eEulatory Affairs Unit ~ldz.' 40, 5~X--P.o~ 219 Stony ~rook~ ~ 11794 Deer $ A~t~ n...0revie~* has been ~cat~on ~ n o parcel , ~ project to be: ~ Greeter than 300* from inventoried tidal wetlands. Lendward of a substantial man-made structure, greeter than 100t in length constructed prior to September 20, ~97~ Landward of 10~ contour elevation above ~ean asa level on · gradual, naturel slope. Land~ard of topographical crest of bluff~ cliff or dune in excesa of l0t in elevation ebove mean sea level. Therefore, no permit under Article 25 (Tidal ~etlands of the Enviromaental. ConserVation La~0 is required at this time since the current proposal ~s beyond State mendated Jurisdiction pursuant to 'this act. ~l~ever, any additional ~mrk or modifications to the project may require a per~it, It is your responsibility to notify this office, in writing, if such additional york or modifications are contemplated. Very truly y .ours~. Alternate Permit Administrator CTIhDDR:co * s FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z17191 Date AUGUST 12f 1988 THIS CERTIFIES that the building. Location of Property. 3645 House No. County Tax Map No. 1000 Section ONE FAMILY DWELLING SOUNDVIEW AVENUE SOUTHOLD Street Hamlet 68Block 1 Lot 14.1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated DECEMBER 9, 1987 pursuant to which Building Permit No. 15665Z dated FEBRUARY 5f 1987 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ORE FAMILY DWELLING WITH DECK. ** The certificate is issued to GRETCHEN HEIGL (owner, 86-s0-144 4/9/87 of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. N808876 PLUMBERS CERTIFICATION DATED ROBERT JOHNSEN 6/9/87 **VARIANCE & BUILDING PERMIT REQUIRED BEFORE CONNECTING DECK & PORCH. ~3 ff6ilding ~spect6r Rev. 1/81 CONSULT YOUR LAWYER IIEI~ s'~UMENT--T~ TiJlS INDENTURF~ made the /~{~ day ol BETWEEN WILLIAbl J. KEENER 2921 South Ocean Blvd. ~[~gg/ Iligbland Beach, Florida parly of Ibc first part, and GRETCIII'~N IlEIGLr ~residin§ at, 106 Salisbury Ave. C. nrdon City, New YOrk 11530 4,¸ AND Ihe party .f thc first l~trt covens. Is tirol the Irarty ol the first part has .or (h.se or suffered al,ythhig ANI) Ihe Imrtv ol the first part, in compiia,scc with Secl on 13 ~ the Lieu Law, o)veuaais that the firsl Is. fl will r~eive thc om~hlernlion {,)r this ,m~i~eyance a~.l will h.ld Ihe ~h. ht I. receive ~ucis c,msld- eu~li.n as a trusl {uud to he applied lirsl {or Ibc purl~se.ol I,ayi"g Ihe cusl o{ Iht erupt.veto,mi dud will npply the same first to Ihe Im)',u~mt ol the cost ol the i,nprovcn~ent ~lorc usiug auy I~-t ol lilt Iolal o[ the sm.e The xxxsrd "party" shall be co.strued as ii il read "parties" whenever the se.se of this hsde.ture so requires. IN W~'N~ WtI~OF, the l~tty oi the fi~st part has duly ~ecuted this deed dsc day a.d year first aN)ye written. $..~ ...... APR 0 1 1985 TRANSrK~ T~ CO' party ott e second part' " ' nd other 'valualde consideralioe WITNF...S~'TH, that the party o{ the first art, in consideration o[ Ten ~onars a ' paid by the pa.v ol the sec.nd part, does ~erehy gram and release umo the party o[ the second ~, the heirs - · ' si soi the 1)arty oi the second pa~t Iorever, , . or successor$ and as ~ , · · ' -~ '--ildin-s m~ improvements thereon ore. ed, situate, ALL that cettaln plot, piece or parcel o[ land, with me uu s' ti.gaml[~.g~& and 8ituat~ at Peeonie. in th~ T~.u ol7 South~l.d~ .1' .~ ~1 I orr and Slut. of N~o YorR~ and ba~ng, m.l'~ par and deserib6d as folto.sl , BI.:~;INNING at a l~Oillt O~ th~s southuest~rly i:OFn~F o~; the runn[nll thenc~ in a g~n~ral northerly or northwe:;t~rl.y direeti(,. the en~;t~rl.y line of ~atd land now or [or.m,l'ly o1' II.nry I.ytl~, fl. ~,f, lt' 50" W. ,t di. stan(:e of 1507./~5.'fe~t, mor~ or less, to the ordkn,,rY hiRh .nter' t~ne of Long Island Sollndl thence rnnntnll In a B~ner;~ I ea:~terl, y direction al. drill the ordinary hillh ~at~r tin. or t, Onl$ Isl,ln,I lJoun(I N. 53° 2B' 2i)" g. a distane~ of 112.5 I. eet. mnre or less, I,, ~1,, in a general sonth~rly direction al. ong the westerly line off a ~' 50" dintanc~ o{' 155ll {e,~t~ )i) foot ril;i~t-ot--ay S. 45~ /lO' E. a Avenue, S.; MI° 22' 30" W. a (l~stance of 117.88 feet to the point )lace of bell[nn~ng. · ro(;I.:'rlll::lt .ltl, all the right, title and interest, if any, or tit- party of the first part of~ tn andd ~o Soundvie- Avenue adjacent said l, remis~s .and'to th~ center lin~ thereof. T()t;ETIIIiR .ith all the rigllt~ title and inter-st, ir any, .I pnrty or the first part o[, in and to gon~ island Sound lyln~ a(li;, ....... , riBht-of--ay for tile purpo.e of {n~,ress and Io(,I..llll;I. .ith a nlong th~ ~asterty side of the premises heret, n deserth.d runninl; Soun(Ivieu }venu~ to Long Island Sound and being 30 feet in width. T()(;IUI'III(R wilh all rigid, lille and interest, il a.y, ol t ,e party o[ the first p;,rt in and to soy streets and i,)ads :d)ulli.g lite slx,ye (lescribed I)remlses to the ceuter liues ther~f; TOGliTII I(R with the al)pUdeoauces ;..I nil Ibc estate a.d rights of the party o[ the first part in ami to said I)rcmlses; TO IIAVE AND TO I I()1 .I) Ihe prrmlses h~reiu gtauted unto the part~ o[ file sccoad ~art, the hells or successors Slid assigus dm party 0[ lhe second part forever. · a~,Is Or ~£~KIC0[RIc, COUNTY O~ PA],~i J~EACI~ s. STATE OF NEW YORK. COUNTY Ibc /,fn d~ ol /~,~ 19~ fore thc On the I,ets.u~lly ~me persoally c~e Will,am J. Keener me kn.~vu lo be tbe individual descril~d iii and rxrculcd Iht for~'R.i.g iuslrument, and acknowledged that ,execa~d the ~me. / ,notary publxe '':':' NOTARY PUNtIC SIAT[ OF rLO~tOi MY COMMISSION tXP. #AN 3, 1988 STATE 01: NEW YORK, COUNTY OF ' '~' ;:*, il,,: dai o; 19 ~'~ ..' k.owu, who. being by me duly sworn, did depose aud say that Itc resides at No. Ihal be is the , the corporation described i. a.d which executed the foregoing iuslrnmeut; that be I<..ws the se;d .f said corporation; lbat the se}d allixed t,r ~,:.~l iustrument is such corlmrate seal; tbnt it was so ~,~lix~:d by .rdcr of the }yard o[ directors of said corpora- ii<m, aud that be signed fl name tbereto by like order, 19 , belnte nle Tn me known to be the individual descrilmd in and who executed the foregob,g instrument, and acknowledged Il:at executed the same. STATS OF NEW YORK. COUNTY OF Or. t}~c :!ay of !O , bernie ?,.- personally came Ibe subscribing wituess to the [oregolng instn.ueut, with whom I am persunally acquainted, who, being I~y me duly sworn, did depose and say tbat be resides at No. ; that he knows to be the individnal described in and who executed the foregoing instrument: that. he, said snbscribing witness, was present ami saw execute the same: and that he, said wituess, at the same time subscribed h name as witness tbemo. \viii, ( OV}N^NI A(;^lr,iSl (;I~^NIO~.'S At:IS K EENI']R 'I 0 IIEIGL TITL GUARANTEE- N WYORK : A IICOR TITL~ INSURANC~ COMPANY SE¢I ION 68 IIL(:CK IL to~' 14 COUNTY ~X~ Suffolk TAX RII,IJNG Anl)RESS Robert F. ttall, Esq. Youngs Avenue Southold~ New York 11971 Zip No. 'O QUESTIONNAIRE TO BE COMPLETED AND SUBHITTED WITH YOUR APPLICATIO~t FORHS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? ... : . '' Yes ~ 2.a) Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by *b) ~n Code, Ch. 97 for your reference.) Yes 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 the~e any existing or proposed fences, concrete barriers, decks, etc? 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. 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. Are there other premises under your ownership abutting this parcel? If.yes, please submit copy of-deed. Are there any building permits pending on this parcel (or abutting land under your ownership,-if any)? State Permit # and Nature: '~)<' Yes I, Yes ~1~ Ye s x~F · /~XYes 1~i Yes ,.~' IN 9. Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning. Board Yes Town Board Yes To~.~n Trustees Yes County Health Department Yes Village' Of Greenport Yes N.Y.S.D.E.C. Yes Other Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of namgs or purchasers and conditions of sale.(from contract). Yes )~ ll. Is new construction proposed in the area of contours at 5 feet or less as exists? ~- .. Yes ~N 12~ If new construction is proposed in an area within 75 feet of wetland grasses, or land area at a~ eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under Yes K~ the requirements of Ch. 97 of the Town Code? 13. Please list present use or operations conducted upon the subject Property at this time Private ~eside~ce and proposed p~qwr~ ~±~enE~ *Please submit photographs for the record. [ certify that the above statements are true and are being submitted for reliance~J~ry th~_e Board of ~ppe~ls i~coj~sidering my application. Sffgna ~re (Prope:r cy~ LT~no~) (Au~>i zed Agent) 3/2,,7 1 k § 97-13 WETLANDS § 97-13 TOWN -- Thc Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 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 cov- ered with. or which border on. tidal waters, or'lands lying beneath tidal waters, which at mean low tide are covered by tidal water:; to a maximum depth of five (5) feet. including but not limited to banks. bogs. salt marsh, swamps, 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 which grows or may grow some or any of the following-: salt hay. black grass, saltworts, sea lavender, tall cordgrass, high bush. cattails, groundsel, nmrshmallow and Iow march cordgrass; and/re' (3) All land immediately adjacent to a tidal (vetl:md as defined ill Subsection A(2) and lying w/thin seven- ty-five (75) feet landward of the mt,~t hmdward edge of such a tidal wetbmd. B. FRESIIWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 2.1. Ti- tle 1. § 2.1-0107. Subdivisions l(a) to l(d) inclusive. of the Environment~& Conservation Law of the State of New York: and (2) All ]and immediately adjacent to a "fresh water wet- land." as defined in Subsection B(1) amt lying with- in seventy-five (75) feet landward of tile most land- ward edge of a "fl'eshwater wetland." 9705 J ~"'~' I /© cou~¥oF SUFFOLK ~-- ~ReaJ Prol~erty Tax Serv ce Aaenc ...............