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Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3647 Application Dated July 10, 1987 TO: Mr. and Mrs. John Wetze] 4635 Pequash Avenue Cutchogue, NY 11935 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on 0ct0ber 8, ]987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variancesto the Zoning Ordinance Article III , Section 100-3l, Bulk Schedule and Article XI, Section IO0-ll9~2(B) [ ] Request for Application of JOHN AND JOAN WEIZEL for Variances to the Zoning Ordinance, Article III, Section 100-31, and Article XI, Section 100-119.2, to construct additions to dwelling with reductions in the sideyard, and to construct addition landward of existing dwelling structure 70± feet from the nearest wetland edge or highwater mark along Eugene Creek. Location of Property: 4635 Pequash Avenue (Fleetwood Road), Cutchogue, NY; Fleetwood Cove Lot No. 12~ County Tax Map Parcel No. 1000-137-04-06. WHEREAS, a public hearing was held and concluded on August 20, 1987 in the Matter of the Application of JOHN AND JOAN WETZEL under Appl. No. 3647; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellants request Variances from the Provisions of Article III, Section 100-31, and Bulk Schedule, and Article XI, Section 100-119.2(B) for permission to construct extensions to existing dwelling as more particularly shown on survey dated February 2, 1987 prepared by Peconic Surveyors & Ehgineers, P.C., reducing the south (southeasterly) sideyard setback from the estab- lished at 8½± feet (when scaled) to 5'6" is sho~n on the sketched survey (or 6' shown on the original survey). 2. The premises in question is located along the east side of Pequash Avenue (a distance of 91.62 feet from its intersection with Fleetwood Road), in the Hamlet of Cutchogue, containiQg a total lot area of 8800± sq. ft. and frontage along Pequash Avenue of 80.00 feet. (CONTINUED ON PAGE TWO) DATED: October 8, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appl. No. 3647 Matter of JOHN AND JOAN WETZEL Decision Rendered October 8, 1987 3. The subject premises is shown on the (preexisting) 1938 Map of Fleetwood Cove as Lot No. 12 and is improved with an one-story, single-family frame dwelling structure having the following setbacks: (a) from the front property line along Pequash Avenue at 25.9 feet, (b) from the northerly side property line at 9.8 feet; (c) from the southerly side property line at 8½+ feet; (d) from the rear property line at 78+ feet; (e) from the approximate highwater mark at 59+ feet; [all as shown by the February 2, 1987 VanTuyl sur- vey. 4. Article III, Section lO0-31, Bulk Schedule, of the Zoning Code requires minimum sideyard setbacks at not less than l0 and 15 feet, or the established (which presently are 9.8 feet and 8.6± feet), and total sideyards at 25 feet. 5. Article XI, Section lO0-119.2(B) requires all build- ings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, which- ever is the greater distance. 6. It is the position of the Board that inasmuch as the southerly sideyard is presently nonconforming at 8.6± feet (rather than the required 15 feet) and that the present percentage of lot coverage is close to the maximum-permitted 20 percent, that this Board is without authority to grant the relief as requested herein. 7. The Courts have held that the area setback variance must meet the "practical difficulties" standard, considering at least the following: (a) the relief requested is not substantial in relation to the requirements; (b) the project as proposed is not out of the character with the neighborhood; (c) the circumstances of the property are unique and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, comfort, convenience or order of the town; (e) the variance requested shall be the minimal necessary; (f) there is no other method feasible for appel- lant to pursue other than a variance. 8. It is the opinion of this Board that: (a) the relief requested in relation to the requirements is substantial, being a variance of 55% from the total sideyard requirements although a minimal variance from the setback requirement from the high- water mark; (b) the setback of the dwelling to the east [presently of Lambert] is shown by survey dated May 20, 1983 prepared by Roderick VanTuyl, P.C. to have sideyards at 14 or more feet; (c) the circumstances of the property are unique and are not personal in nature, particularly due to the noncon- forming lot size, lot width, limited buildable area, etc~; (d) the variance if granted as applied would in turn be adverse to the safety, health, comfort, convenience, or order of neighboring properties; (e) there will not be an increase in population density thus created by this variance; (f) there is no other method feasible for appellant to pursue other than a variance [except overhead second-story construction]; (g) that in view of all the above factors, the interests of Page 3 - Appl. No. 3647 Matter of JOHN AND JOAN WETZEL Decision Rendered October 8, 1987 justice will best be served by granting the alternative relief, as further indicated below. 10. It is also noted for the record that the April 6, 1973 survey prepared by Young & Young, L.S. for the owners submitted under Building Permit #10767Z issued July 8, 1980, indicates new deck construction at the rear of the dwelling with a setback of 18 feet and with a lot coverage of 20± percent. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to GRANT the following alternative relief in the Matter of the Application of JOHN AND JOAN WETZEL under Appl. No. 3647: I. Proposed extensions at the subject southerly sideyard area not to exceed 8½ feet; 2. Both sideyard areas must remain open and free of obstructions at all times; 3. Any construction in excess of that shown on the February 2, 1987 survey prepared by Peconic Surveyors and Engineers, P.C. and which will exceed the maximum-permitted lot coverage requirement shall not be permitted without reapplica- tion to this Board (for relief from the lot-coverage require- ment, and any and all other provisions of the Code applicable thereto). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Grigonis. (Member Sawicki was absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, C~IRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CI.~.P~K Town Clerk, Town of Southold NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Cone of the Town of Southold, the following hearings will be held by the SOUTHCLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURS~ DAY, AUGUST 20, ]987 at the following times: 7:35 p.m. Appl. No. 3602 MARGARET McNAMARA. Variance to the Zoning Ordinance, Article XI, Section-'lO0-.ll9.2(B) for permission to construct wooden deck attached To existing dwelling with an insufficient setback from existing timber bul-khead and Peconic Bay. Location of Property: 640 Takaposha Road (Private Road #15), Southold~ NY-; County Tax Map Parcel No. 1000-87-06=10. 7:40 p.m. Appl. No. 3646 ROBERT AND NANCY MUIR. Variances to the Zoning Ordinance, Article III, Section 100~31, Bulk Schedule, for permission to construct additions to dwelling with an insufficient rearyard setback and insuffi- cient frontyard setback. Location of Property: Corner of Gillette Drive and Cleaves Point Roard, East Marion, NY; County Tax Map Parcel No. 1000-38-2-29. 7:45 p.m. Appl. No. 3643 EUGENE PERINO. Variance to the Zoning Ordinance, Article X}, Section 100-119.2 for permission to locate proposed dwelling with or without deck addition withi.n 75 feet.of nearest wetlands along the shore- line of Marion_Lake. Location of Property: West Side of private right-of-way known as "Truman's Path," East Marion, -NY~ County Tax Map Parcel No. 1000-31-12-16. 7:50 p.m. Appl. No. 3644 JOSEPH REINHART, FRED WIGHTMAN, ~nd DAVID FREY. Recessed hearing from July 16, 1987 to be reconvened. 8:00 p.m. Appl. No. 3647 JOHN AND JOAN WETZEL. ~ Variance to the Zoning Ordinance, Article III, Section 100-31 and Article XI, Section 100-119.2, to construct additions to dwelling with reduc- / tions in the sideya~d,--and to construct addition landward / of existing dwelling structure 70± feet from the nearest wetland edge or highwater mark along Eugene Creek. Location of Property: 4635 Pequash Avenue (Fleetwood Road), Cutchogue, NY; Fleetwood Cove Lot No. 12; County Tax Map Parcel No. 1000-137-04-006. Page 2 Notice of Hearings Regular Meeting - August 20, 1987 Southold Town Board of Appeals 8:05 p.m. Appl. No. 3648 - FERUCIO FRANKOLA. Variance to the Zoning Ordinance, Article XI, Section 100~119.2 for permission to construct swimmingpool, deck and fence enclosure within 75 feet of wetland area elong West Creek. Location of Property: 1900 Glenn Road, Southold, NY; West Creek Estates Lot No. 19; County Tax Map Parcel No. 1000-7~-02-36. 8:10 p.m. Appl. No. 3655 ELLEN HOPE DeMARIA. Variance from Condition No. I rendered July B- 1965 under Appeal No. 785~ and Article III, Section lO0~32~-for approval of the construc- tion of accessory storage shed in fro~tyare --area as shown on survey prepared by Roderick VanTuyl, P.C, April 9, '984. Location of Property: West Side of Private Road (We~t View Drive), Orient, NY; County Tax Map Parcel No. 1000-13-3-3. 8:15 p.m, Appl. No. 3656 NICHOLAS IPPOLITO. Variances to the Zoning Ordinance~ Article III, Section 100-31, and Article XI, Section -00-119.2, for oermission to construct garage addition to dwelling wit~ an insufficient southerly sideyard setback, insufficient total sideyards, insufficient setback from bulkhead along Arshamomaque Pond, and excessive lot coverage. -Location of Property: 230 Carole Road, Southold, -NY; County Ta~ Map Parce~ No~ 1000~052~02-00~. B:30 p.m. App!. No. 3653 - NORTH ROAD ASSOCIATES. Variance pursuant t-o-New York Town Law~ Section 280-a, for approval of access over p~ivate right-of-way extending 170 feet from the north side of Main Road-~ Orient~ NY; County Tax Map Parcels No. 1000-18-4-1.3 and 2. 8:40 p.m. Appl. ~o. 3592 BENTE SNELLENBURG. Hearing recessed from July q6, 1987. 8:50 p.m. Appl. No. 3654 - WILL~AM MOORE, ESQ. and BENJAMIN HERZWE~G, E.SQ. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to establish ~'building envelope'~ with setbacks of not less than 38 feet from nearest wet-land along existing not less than 30 feet from the front property approved under Appl. No. 3412 June 30, 1987). of Property: 675 Meadow Lane, Mattituck~ NY; Estates Lot No. 42; County Tax Map Parcel No. two-foot contour and line (as [ocation Mattituck 1000-115-5-7. The Board of Appeals will hear at all persons or representatives desiring of the above matters. Each hearing will said time and place to be heard in.each not start before Page 3 Notice of Hearings Regular Meeting - August 20, 1987 Southold Town ~oard 9f Appeals the time allotted. Written comments may be submitted prior to the conclusion of the subject hearing. For more.information, please call 765-1809. Dated: J~ly 27, 1987. BY ORDER OF THE SOUTHOLD TOWN B~ARD OF APPEALS GERARD P.. G~EH~INGER~ CHAIRMAN Linda Kowa]ski, Board Secretary Not.ice to Newspapers:- Please publish once, to wit: and forward two.~ffida~s of.publication to: Board of APpeals~ain Road~ .Southold, NY 11971. August 6th ...... jL__-_~, ........ z .............................................. x FORM TOWN. OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTI~OLD, N,Y. NOTICE OF DISAPPROVAL File No ................................ To '~ :~, .~ ~ .~.~..~ ...... .~~~ .~:~.,..[~ ~ .... PLEASE TAKE NOTICE that your ~pptication dated . .~.. ,~. ......... , t9 ~ .~. for pe~it to construct ..... m.. ~~ .~¢...~. ~~. 5..~~, at House No. ~ S~reet . t ~ Hamle~ co,~ty ,~ U~p No. ~000 S~t~o~ .../.~.~ ....U~o~k .... ~ ~ ...... L,t . 9~ ......... Subdivision ................. Filed Map No ................. Lot No. <~. .............. is returned herewith and disapproved on,tl~e following grounds..(~. :~.. ~ .e~x~..~. ]..~.~. ~..~.. [ ,_~-~.~. 0..~-~v. ~~.~. ~.~..~. ~....-~...: ~,, .~.~. ............................ ........... Building Inspector FORM NO, 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 (Building Inspector) APPLICATION FOR BUILDING PERIVIIT INSTRUCTIONS a. This application must be completely ~led in by typewriter or in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises; relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawd on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occapied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolitign, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit author/zed inspectors on premises and in buildings for necessary inspections. ~ ,~ef. gl~ature of applicant, or name, if a~rporation) . . .:.. (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner o f premises ...... ~ ?. ~ .... ~.: . . . ./~.~.- .~.~..~..~. ........................................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No ....... Jr...A .............. Plumber's License No. ~/;~- Electrician's License No .... x~./~ ............... Other Trade's License No. .~.~.~.7:~'' .~ .............. 1. Location ofland on which proposed work will be done ..... ' House Number Street Hamlet County Tax Map No. 1000 Section . ~.~ ...... Block .................... (Name) 2. State ex/sting use and occupancy of premises and intended use and occupancy of proposed construction: Existing and 3. Nature of work (check which appncable): New Bu[.ding .......... Add~;~on .......... ~Jteration Repair .............. Removai .............. Demolition .............. ©thor Work .~ 4. Estfim~t~d Cost ....... ~.~ .......................... Fee .... ~ ~..~ 5. If dweilin~, number of dwelhng units ............... Number of dwei!in~ un,ts on each floor Zf g~age, number of cm~ 6. ~f business, commercial or mixed occupancy, specLfy nature and ext~nt of each type of use 7. Dkmensions of exisring structures, if any: Front ............... Rear .............. Depth Hz%hi ............... Number of Stories D~nsions of s~me structure with alterations or additions: Front ................. Rear Depth ...................... Haiti ...................... Number of Stories 8. DLmensinns of entire new construction: Front ............... ~zm ............... Depth 9. Sic of lot: Front ...................... R~ ...................... Depth 1O. Date of Purci~ase ............................. N~e of Foyer Owner i 1. Zone or as~ district in wMch premises are situated .................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: .~ tg. Will lot be regraded ............................ Will excess filI be removed from premises: Yes I4. N~me of Owner of premises ~..Z ~..~f¢.g~... Address~4 ¢~?.~f .~?~f~=e Ne ................ N~e of ~chitect ........ ~* ......... ~ ...... Address ................... Phone No. N~e ~f Contractor ;~;F~ .............. Ad&ess ................... Phone' PLOT D[AG~ Locate clearly and distinctly all buildings, Whether existing or proposea, mc. mdma~e~_~" se~-oac~ ,~k.-n.~n.~ons'~' ~ ~: from Croperty shes. G~ve s.reet and block number or description accordir~g to deed~ a-nd show street names and indicate whether interior or comer lot. STATE OF NEW YO~RK,e.__~, ,, S.S : COUNTY OF .... ~?.r.~. r:t ..... -J~ff~-~ ~' ~~ being du~y sworn, deposes ~d says that he is the a~]icant (Name of individual signing contract) above named. He is the ........... .~.q~..~7 .~ .... ,.: ....................... ~ .............. ~ ...................... (Contractor, agent, corporate officer,-etc.) of said owner or owners, and is duly authorized to perform or have pe~o~ed the said work ~d to :~e and file application; that M1 statements cont~ed ~ this application am tree to the best of his ~owledge a~d beEef; and that the work wgl be perfo~ed in the m~ner set forth in the application ileal therewith. Sworn to, before me this ' JUL 1,!. 01~7 APPEAL FROM DECISION OF BUILDING INSPECTOR TOWN OF SOU'THOLD, NE~ YOR~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. NO. $ DATE .............................. ~ Name of Appellont Stre~2nd Number .................. ~.~ .~....~..~-~.. ................................................... ...~..;~..: ......... HEREBY APPEAL TO MunicipaJity State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....... .-'~.~-....~...~....~...~......./..~?.Z .......... WHEREBY THE BUILDING INSPECTOR DENIED TO ...... ............... Nome of Applicant for permit Street and Number Munic~palffy State ) PERMIT TO USE pE~T FO~ OCCUPANCY ,. ................ Mop No. Lot No. Prior Owner. /~.~Z~ ,~~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (~ndicate the Article Section, Sub- section and Pa_~graph 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 ta the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to Iack 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) (]gos~no~l~ been mode with respect to this decision of the Building inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for a variance and was mode in Appeal No ................................. Doted ...................................................................... ( ) (X) ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance (Continue on other side) REASON FOR APPEAL Continued l. STRIC'T APPLICATION OF THE ORDINANCE wou~d produce pr~:c¢~ca~ difficu~t[®s or ~znneces- scry HARDS[qlP because 2. The hardship created is UNIQUE and is ~ot shared by alt properties a!ike ir~ t;~e immed!a'te tm~- property and ~n this use d]strfct because vicinity of 3. The Variance would observe '¢he spirit of the Ordinance and WOULD NO¥ CHANGE THE CHARACTER OF THE DISYR[CT because STATE OF NEW YORK ) ) ss COUNTY OF N~$ssv: ) Sigmoture Sworn to this ,~J~.,. day of ........ ~;-2!¥ ........................................ ;9 87 OWNER STREET VIL~GE EORMER OWNER DISTRICT SUB. ACREAGE LOT LAND ! Tillable 2 Tillable 3 Woodland Swampland S SEAS. VL IMP. TOTAL FARM DATE W COMM. J IND. TYPE OF BUILDING CB. J MISC. Est. Mkt. Value AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD BULKHEAD DOCK BrushlamC-- House Plot Total g~ Extension Extension _ ,! ? 5 L._Z~//~ /'.F°und°ti°n ~/E~'5_ Both ; ' Basement A~ b Floors .......... /~c~ ~2~-'~ j ,~_c~ i Ext Wa s /Interior Finish Extension ~? ' , " He~t ,*L'r~ , ,,.~ , .. , .,~ ~ t. ; .}5' ~ , Porch Roo~Type ~ .. ¢ ~ Porch Rooms 1st Floor Breezeway ~ ~atio Rooms 2nd Floor j D~ivewoy Dormer Garage / FLEETWOOD C REEK LOT NOS. REFER TO MAP OF FLEETWOOD COVE FILED dULY 1,1938 INTHE OFFICE PLAN OF PROPERTY OF THE SUFFOLK COUNTY CLERK AS MAP NO. JOHN WETZEL ~ JOAN WE~EL AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY ~ ~000 1~7 - 04 06 SCALE; ~" = 30' FEB. 2 ~987 N.Y.S . LJC. NO. 496~8 PECONIC SURVEYORS {516) 765 - 5020 R O. BOX 909 WA iN ROAD SOUTHOLD~ N.Y. li97i ENGINEERS~ RC. 87 - TRANSCRIPT~ OF HEARING SOUTHOLD TOWN BOAR'D OF- APPEALS REGULAR MEETING OF THURSDAY, AUGUST 20, 1987 Appl.-N0. 3647 Applicant(s): JOHN AND JOAN WETZEL Location of Property: 4635 Peq~ash Avenue, County Tax_ Map ID No. lO00- ~ Cut~hogue Board Members present were: Chairman Goehringer P. Goehringer, Members: Grigonis, Douglass, Doyen and Sawicki. Absent was: (None). Also present were: Victor Lessard (Building Dept.), Linda Kowalski, Z.B.A. Secretary, and approximately 25 persons in the audience. The Chairman opened the hearing at 8:00 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey produced by Young & Young. The most current date is April 6, 1973, indicating approxi- mately three areas of concern to be added to on the south side of the structure and indicating the north side of approximately (North west side) 9 feet 8 inches to the property line. On the south side, if the variances were granted, approximately (I assume that is) 5 foot 6 inches. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Would you like to be heard Mr. Wetzel? MR. WETZEL: I woul~ just like to say that I think we submitted an updated survey dated February, 1987. We can provide that if you need it. CHAIRMAN GOEHRINGER: Maybe it would be helpful. It's probably been updated, the existing one that I have here anyway. I just wanted to mention that it is usually the policy of thi~ Board in granting a re- duction of less than 10 feet on one side, that a covenant be placed on the other side of the house that there be no further reductions. And the .purpose of that is; that if there were any other reductions on the opposite of the house, it would preclude you from getting any equipment to the rearyard or the water side. So I am asking you; do you have any objections to... MR. WETZEL: I can safely say that that will never occur. CHAIRMAN GOEHRINGER: Ok. And as you know, this variance, if it is granted, goes along with the land. So if you were ever to sell the house, that's the reason why We put the restriction on because some people like to build'right to their property line. And therefore, '~age 2 - August 20,~87 Public Hearing - J~and Joan Wetzel Southold Town Board of Appeals CHAIRMAN GOEHRINGER (continued): precludes them from getting any equipment to the rearyard. And some- times that's necessary for the servicing of wells and cesspools and bulkheads and all the rest of the things that go on in the process. So if you have no objection... It is here. I'm sorry. You're right. Is there anybody else who would like to speak in favor of this appli- cation? Is there anybody who would like to speak against the appli- cation? Sir. MR. LAMBERT: I own the property. My wife, Deborah and I own the home adjoining on the side where it would be 5~feet 6 inches. Ok. Our objection is that we feel... I'd like to give an over view of our situation. We originally bought the house and we purchased the house in 1983. The lot on the other side, opposition of the Wetzels, was vacant. We asked the real estate broker at that time if we could purchase that lot and she said she would see what she could do. She spoke to the owner of the property and they told us that they were not selling the property. We asked, at that time, would a house ever be built on that property? And we were told by the real estate peo- ple that a house could not be built on that property because the di- mensions were such with the building codes that existed, they would not be able to build. Apparently, there were people who were in op- position to that and the people were denied a permit when they origin- ally applied to build. Then I guess there was a variance hearing like-~ we're attendihg now. And as I understand it, that was denied. I'm not sure if this is record. I'm only going on heresay. At that time, as I was told, there was a court decision rendered enabling the people ad- joining us on the other §ide'(Paulene Ketchu~ to b~ild a home which she did. Unfortunately, the home is not in the character of the exist- ing homes. The Wetzels also, I think I'm correct in saying, they ob~ jected to the size of the home and other neighbors in the area object- ed to the size of the home. They refer to it as a Knights of Columbus Recreational Hall. It was a two-story structure which is out of charac- ter of all our homes. The Wetzel's home and our home are identical. Our home has been added on to previously, winterized and an addition was made. But the structure of the house is basically the same. Ok. Now since there house is internally the same as ours and could have additions for additional living quarters if they want to retire to the home. They could go up and redo the second story of the home which is what is done in our. house. And they don't want to do that from what they have told me because they feel that would change the internal character of their home. So when we originally moved in, we had an empty lot. Now, we have a two-story home that's within 11 feet of the property line which I think is the distance that is required. It is right to the tee. It surrounds our house. ~People refer to our house as the garage for that house. Now we find out that the Wetzels on our other side, want to come within 5 feet 6 inches of our property line which is against .... You could figure that to be more than 6 feet and a half or whatever it is the distance between the 11 and 5 and a half feet. So we feel like we're being sandwiched in. At that time, we decided to sell our home. And we felt that if they were go- ing to do this, we were going to move because we felt like we were being closed in. So we put our home on the market and we looked for another home in the area because we didn't want to leave the area. We like the area so much. We put a bid in on the house, they didn't Page 3 - Augustt, 1987 Public Hearing - John and Joan Wetzel Southold Town Board of Appeals MR. LAMBERT (continued): want to sell at this time. They had the house rented. It's also on East Creek. It's waterfront also. They had it rented for the summer and they took it off the market and they changed their mind. The Wetzels even expressed interest in buying our house. They said that they might even be interested in our home. Our home is there home except what is done, is done internally and up to'the second story. There is an addition on the first story that goes out to- wards Pequash Avenue which ~s our master bedroom. I don't know the distance from the road that they are now if they could do that. But basically, they would have the same that we have, more living space and they wouldn't have to dome within 5 feet 6 inches. There is de- iinitely no way that anybody could get any equipment back to the creek. If there was ever fire, there is boats in the creek, if there ever was a fire there, there's no access in between our homes. And I lived with my wife for 35 years in Brooklyn, and I know that it is to be woken up in the middle of the night when the neighbor's house is on fire and your house is on fire becuase you're so close. I just don't feel that it's within the character of the area to be within 5½ feet of our property and I don't know if my wife has anything else to say. MRS. LAMBERT: What makes it bad is that the angles of the houses are that when they put the 8 foot extension on the back which would come to the 5 feet 6 inches closer, our house is this way and their house is this way. So that angle there makes it very difficult. Our deck is right there. And as it is right now, their deck to our deck, there is very little privacy. As a matter of fact, they know. They put some trees in so they would have some more privacy. I feel like that what they're trying to accomplish now is not going to ac- complish that. If anything, it's only going to make that worse. CHAIRMAN GOEHRINGER: Could you furnish us with a survey of your property so that we might be able to look at it? MR. LAMBERT: Sure. CHAIRMAN GOEHRINGER: Thank you. say in rebuttal? Is there anything you would like to MR. WETZEL: They're still good neighbors. CHAIRMAN GOEHRINGER: That's what we like to hear. Is there anybody else who would like to speak against the application? Ok. Hearing no further questions, I'll make a motion closing the hearing pending the receipt of the survey from Mr. and Mrs. Lambert. Ail in favor - AYE. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK MICHAEL A. LOGRANDE SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E, KOPPELMAN DIRECTOR OF PLANNING October 28, 1987 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-]4 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission 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 Nt~ber(s) Margaret McNamara WJohn & Joan Wetzel William Moore & Benjamin Herzweig Nicholas Ippolito Paul & Corrine Ferdenzi 3602 3647 3654 3656 3658 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board o£ Appeals MAIN ROAD- STATE RnAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (5161 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: xx Variance from the Zoning Code, Article zIz , SectionlO0-31 Bulk Sched Article XI, Section 100-ZZ9.2(B) Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:3647 Applicant: Mr. and Mrs. John Wetzel Location of Affected Land: 4635 Pequash Ave., Cutchogue, County Tax Map Item No.: 1000-137-04-06 Within 500 feet of: Town or Village Boundary Line NY XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned La Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream or Drdinage Channel Owned by the County or for Which The County Itas Establi~h{}d Channel Lines, Within One Milo of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct additions with reductions in sideld.D~d addition landward_~ the nearest wetland edge. Copies of Town file and Dated: October 22, 1987 related docume, nCs enclosed for your APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board 'of Appeals MAIN ROAD-STATE ROAD 2S SOUTHOLD, L.I., N.Y. ll~J'71 TELEPHONE (516) 765 1809 October 19, 1987 Mr. and Mrs. John Wetzel 4635 Pequash Avenue Cutchogue, NY 11935 Re: Appl. No. 3647 - (Variances) Dear Mr. and Mrs. Wetzel: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, Enclosure Copy of Decision to: Building Department Suffolk County Planning GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski Commission CI.EMICALBAN~ , 277 Park Avenue~ New York, N,Y. ~/~,/~ C(JT Z H~J~ TOwN 0~' ~'~, tl '1 / / // PENNY LUMBER j, / // MAIN RO.,I~) ..lOX 67 GREENPOFIT. N.Y. 11944 ROAD -BOX 57 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.h, N.Y. 119'71 APPEALS BOARD MEMBERS August 20, TELEPHONE(516) 7651809 1987 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. ,~. E. Q. ]),. ~A.. SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRON~[ENTAL DECLARATION JOSEPH H. SAWICKI Notice of Dc~terminat[on of Non-Sicnificance APPEAL NO.: 3647 PROJECT NAME: JOHN AND HOAN WETZEL This notice is issued pursuant to Part 617 of the impleraentin9 regulations pertainin9 tc Article 8 of the N.Y.S. Environmental Quality Review Act of the Euviron~c:ntal Conservation Law arid Local Law ~!44-4 of the Town of Southoid. ~ This board determines tn~' e within project, so! to have a signifi- cant adverse effect on the envirohm~.,t~ · -",~,~ ~oz' the--r~Jasons indicated k~elow. Please take further not].ce that this declaration should not bo considered a detezmination made for any other department or agency which may also have an app~.lca'alon pending for the ~ame or slml±ar project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCI.{IPTION OF ACTIOn?: Construct additions to dwelling with re- ductions · n sideyard and construct addition landward of existing dwelling structure 70 feet from nearest wetland edge LOCATION OF P..O~ECT: Town of Sou~]lo!d, County of Suffolk, more particularly known as: 4635 Pequash Avenue, Cut_chogue, NY 1000-137-4-6 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assess~lent in the short form has been submitted which indicates that no signi£icant adverse effects to the environment are likc!ly to occur should this project be impl_,- monied as planned; (2) Information has been submitted by applicant or his agent indi- cating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which amy be considered wetlands. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Anpeals, Town Hall, Southold, NY 11.971; tel. 5].6- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. (3) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQNA APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- .STATE ROAD 2.5 .SOUTHOLD, L.l., N.Y. 11971 TELEPHONE (5'16) 765-1809 July 27, 1987 Mr. and Mrs. John Wetzel 4635 Pequash Avenue Cutchogue, NY 11935 Re: Appeal No. 3647 (Variance) Dear Mr. and Mrs. Wetzel: This letter will acknowledge receipt of your recent applica- tion. The Members of the Board of Appeals will be conducting field inspections and environmental reviews as may be required by State and Local Laws prior to their scheduling your application for public hearing.* Although the earliest available date for public hearing at this time is on or about August 20th, written confirmation will be sent to you within the next couple of weeks. A copy of th~ legal notice of hearings will be sent to you prior to publication in the Suffolk Times and L.I. Traveler-Watchman by our office. Please feel free to call if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski P.S. Please arrange for "flags" at the corners of proposed construction for all areas within the 75-ft. setback from wetlands for Board inspections. Thank you. Dot FLEETVWOOD ROAD REVISIONS NOTE: · -' MONUMENT ~I~OIV/SION MAP F/LED tN THE OFF/CE OF THE CL ERK OFSUFFOLK ¢OUNTY ON ,/ULYI, I $$~ AS F/~ NO. I~. YOUNG & YOUNG 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK ALDEN W. YOUNG HOWARD W. YOUNG SURVEY FOR: JOHNWETZEL & JOANWETZEL LOT NO. 12 ," FLEETWOOD CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK C0., N.Y. SCALE: I" = 30' DATE:APR. 6, 19Z5 73 - 293 Legal Notices NOTICE OF ttEARINGS NOTICE IS HEREBY (lIVEN, pursuant to Section 267 .I the Town Law and the Code el the Town of Southold, the follow- ing hearings will be held by the SOUTItOLD TOWN BOARD OF APPEALS at fl Regular Meeting at the Southold Town Hall, Main Road, ~mthold, New ' York on THURSDAY~ AU- GUST 20, 1987 at Hm fiAlowing 7:35 p.m. Appl. No 3602 - MARGARET McNAMARA. Variance to the Zoning Ordi- nance, Article XI, Section 100- llg.21B~ h)r permission to con- struct wooden deck attached to .xisting dwelling with an insuf- I~cicnt setback from existing timber bulkhead and Peconic Bay. Location of Property: 640 Takaposha Road (Private Road # 15L Seuthold, NY; County Tax Map ~arcel No. 1000-87-06-10. 7:40 p m. Appl. No. 3646 - ROBERT AND NANCY MUIR. Variances to the Zoning Ordinance. Article III, Section mmsion to construct additions to dwelling with an insufficient rearyard setback and insufli dcm frontyard set6ack l~ca- Tax Map Parcel No 1000-38-2- 7>15 pm Appl No. 36.43 EUGENE PERINO. Variance XI, Sectmn 100-1192 for pcrmis- with or without deck addi!ion Path,' East Marion, NY: County 7:50 p.m. Appl No. 3644 JOSEPH REINHART, FRED WIGHTMAN, and DAVID FREY. Recessed hearing h'om July 16, 1987 to be reconvened. iff:00 pm. Appl. No 3647 JOHN AND JOAN WETZEL Variance to the Zoning Ordi- 31 and Article XI, Section 100- 1192, lo construct additions to dwelling with reductions in the sideyard, and to construct addi- tion landward of existin mg structure 70 t feet trom the n.arest wetland edge or high,va- (er mark along Eugene Creek, Locatmn of l'ropcrt~: 4635 I'cquash Avenue IFleetwood Roadl, Cutchogue, NY: Fleet- wo.d Covc Lot No. 12; County STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) GerrN Pagl[aro of Greonport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLR TIMES, a Weekly Newspaper, published at Greenport, in tho Town of Southold, County of Suffolk and State of Now York, and that the Notice of which the annexed is a printed copy, has been regularly published in 1 said Newspaper once each week for 6 weeks successively, commencing on the day of g.u~:[US L 19(~ i NOTICE JS HEREBY GIV- EN, pursuant to Section 267 of the Town Law ar[~ the Code of the Town of $Ot~t"~Idti-;tli~-' following hearin~ ~jll" -'~be held/ by the SOUTHOL'{) TOWN :at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY~ AUGUST 20~ 1987~ at the following times: 7:35 p.m. Appl. No. 3602- MARGARET McNAMARA. Variance to the Zoning Or- dinance, Article XI, Section 100-119.2{B) for permission to construct wooden deck attach- ed to existing dwelling with an,-' insufficient setback from ex- isting timber bulkhead and Peconic Bay. Location of Pro- perry: 640 %kaposha Road (Private Road No. 15), Southold, NY; County 'Pax Map Parcel No. 1000-87-06-10. 7:40 p.m. Appl. No. 3646- ROBERT AND NANI~y MUIR. Variances to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Schedule, Ior per- mission to construct additions to dwelling with an insufficient rearyard setback and insuffi- cient frontyard setback. Loca- tion of Property: Corner of Gilleue Drive and Cleaves Point Road, East Marion, NY; Coun- 0t ty Tax Map Parco No./ 1000-38-2-29. 7:45 p.m. Appl. No. 3643- EUGENE PERINO Variance to the Zoning Ordinance, Arti- cle XI, Section 100-119.2 for per- mission to locate proposed dwelling with or without deck addition within 75 feet of nearest wetlands along the shoreline of Marion Lake. Loca- tion of Property: West Side of private tight-of-way known as "Truman's Path;' East Marion, NY; County 'lax Map Parcel No. 1000-31-12-16. 7:50 p.m. Appl. No. 3644- H REINHART FRED. WIGHTMAN~ AND DAVID FREY. Recessed hearing from t. )~6, 1987 to be reconvened,.:t/" /- 8:00 p.m. Appl. No. 3647-~ ,~OHN AND JOAN WETZEL. \ / yariance to th~- .] dinance, Article Ill, Section [ 100-31 and AIticle XI, Section [. i00-119.2 to construct additions ~ to dwelling with reductions in the sideyard, and to construct addition kmdward of existing dwelling structure 70± feet from the nearest wetland edge oi highwater mark along Eugene Creek. Location of Property: 4635 Pequash Avenue (Fleet,- wood Road), Cutchogue, NS; Fleetwood Cove Lot ~o. 12; County 'Pax Map Par:el 1000-137-04-006, ~1'00-119.2 for permission to con- fence euclosure withi~ ~'5 feet of Location of Properly: 1900 Glenn Road, Southold, NY; West Creek Estates Lot No. 19; County lax Map Parcel No 1000-78-02-36. 8:10 p.m. Appl. No. 3655- ELLEN HOPE DeMARIA. Ss: LAND IRAVEL[ R-WAICItMAN, Variance from Condition No. I rendered July 8, 1965 und¢l Ap- ' ................... peal No. 785, and Article Ill, - Section 100-32, for approval of ~1~ the ......... ' ..... the construction o£ accessol,i storage sited in frontyard area as d' shown on survey prepared by l . ., 19. '.". Roderick VanTt~yl, P.C. April 9, 1984. Location of Property: - .. /' .). West Side of Private Road (West . { .,.. View Drive), Orient, NY; Coun- ty Tax Map Parcel No. 1000-13-3~3. 8:15 p.m. Appl. No. 3656- NICItOLAS IPPOLITO. Variances to the Zoning Or- . ..... : ...... dinance, Article 111, Section 100-31, and Article XI, Sectioa . , i~) . i . I00-119.2, for permission to con- struct garage addition to dwell- ins with an insufficient souther- ly sidcyard setback, insufficicm , total sideya:ds, insufficient set- / back from bulkhead along Ar- t / r ;~ shamomaque Pond, and ex-~I,u~, cessive lot coverage, l.ocation of Property: 230 Carnie RoadI'/~ 2' ~?l * q,k 1 S uthold NY;Cou tyTa Mtp Parcel No. 1000-052-02-007. 8:30 p.m. Appl. No. 3653~ NORTt[ ROAD Variance parsuant to New York Town [,aw, Section 280-a, for approval of access over private right-of-way extending 1'~0 feet from the north side of Main Road, Orient, NY; County Tax Map Parcels No. 1000-18-4-t.3 and 2. 8:40 p.m. Appl. No. 3592- BEN'IE SNELLENBURG. Hearing recessed from July,-16, 1987. 8:50 p.m. Appl. No. 3654- WILLIAM MOORE, ESQ and ~-E-~-J ~'-~ i N HERZ~, ~ ~$Q~ Variance to the Zoning~t Ordinance, A~ticle XI, Section 100-119.2 for permission to establish "building en¥clope" with setbacks of not Tess titan 38 leer frol31 nearest wetland a]otl8 existing two-fool contoor and not less than 30 feet frmn the front property line (as approv- ed under Appl. No. 3412 tune 30, 1987). Location of Proper- ty: 675 Meadow Lane, Mat- tituck, NY; Mattituck Estates Lot No. 42; County lax Map ,~ ....o! No. 10('}0-115-5-7. Board of Appeals will Southold Town Board of Appeals APPEALS ROARD MEMBERS "~RARD P. GOEHRINGER, CHAIRMAN CHARLES GRIDONIS, JR. SFRGE DOYEN. JR. i(OB[_RT J DOUGLASS J(JSEF'H H. SAWICKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirnlation of the time and date of the public hearing concerning your r~cenl appliEat$~n a copy of the Legal Notice as publish~,d in tile L.]. Fravcier- Watchman, Inc. and Suffolk Weekly Times, 1nc. Someone should appear in your belmlf during the publi< hearing in the event the're are questiuns From buard mem!):rs or persons in the audience. Please bo ,:ssured tho[ your public hearing will not start before the time aliuttcd in ~he Legal Notice. If you have any questions, please leel free Lm c~]ll our office, 765-1809. Yours very ti%~tj~.~ .~ .~ GTRARD P. GOEHRFNGEk ~/ CHAIRMAN Enclosure Lin(ia .Kowalski Secretary and Board Cle,t. Page 4 - List of Mailing Notice of Hearings August 20, 1987 ZBA Regular Copies to: Suffolk Times L.I. Traveler-Watchman Town Clerk Bulletin Board Meeting J. Kevin McLaughlin, Esq. for McNamara Mr. and Mrs. Robert Muir, 14 Robin Road, Mr. and Mrs. Eugene Perino, 132 Bayview Mr. and Mrs. John Wetzel Mr. Ferucio Frankola, P.O. Box 630, Southold, Mr. Ferucio Frankola, 901 138th Place, Malba, Mrs. Ellen H. DeMarial06 Vineyard Place, Port Gary Flanner Olsen, Esq. for N. Ippolito Mr. and Mrs. Joseph Smulcheski, Carole Patricia C. Moore, Esq. for North Road Mr. Edward Linker, Box 791, Orient, NY ~ Mrs. Joseph Snellenburg · Cardinale, Esq. Donald Dean William D. Moore, Esq. Dix Hills, NY 11746 Avenue, East Islip, NY NY 11971 NY 11357 Jefferson, NY 11777 Road, Southold, Associates 11957 NY 11971 11730 ZBA Members by mail Individual ZBA files ZBA Office Bulletin Board Building Department Administrator V. Planning Board Supervisor F.J. Murphy Lessard IUD1TH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD 7/10/87 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 TO: FROM: Southold Town Zoning Board of Appeals Judith T. Terry, $outhold Town Clerk Transmitted herewith is Zoning Appeal No. 3647 , application of Joan & JOhn Wetzel for a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT' 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~i to request ~ (Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed,~as follows: 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: / $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Ar~Lcle [ ] 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 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 right to appear and be heard at such hearing. Petitioner Owners' Names: Post Office Address /; t,/ ' ,~,~ NAMI~ PROOF OF MAILING OF NOTI~.-E ATTACH CERTIFIED M~,IL RECEIPTS ADDRESS p-533 924 981 .7o COUNTY OF SUFFOLK) ss.: P-533 924 9&2 ~C_~q:)~_~. /l~ . , being duly sworn, deposes and says that on the ~_~ir--~. day of ,3~/~ / , 19 0~7 , deponent mailed a true copy of the Notice set forth on the re- verse side heredf, 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 as,,~ssme_n~ F_oll_of t~e Town. of Southold; that said Notices were mailed at the United States Post Of- rice at ~, ~r-e.~e~_~ U ~- .~. ; that said Notices were mailed to each of said persons by (certified) (registered) mail.-..----- -- ~.~~~ Sworn to before me this 9th day of t/JTuly , 19 87 transmitted to adjoining (This side does not have to be completed on form property owners.) SltORT F. NVIRONMEU.TA[, (&) ~ orda~ ~o an~wo~ ~ho quo~c~on~ ~n th~ 3ho~t gAF ~s ~3 aa~d ~hac ~ropara~ ~1~ u~ cu~nt17 ~vailabla tn~o~'~clon conco~tng tho pFo~oc~ and ~=1~ ~p~C~ el tho ac~to~, ~ t~ no~ u~c~d cha~ ~Gdl~lcrm~ ~cudloe~ ~ocen~c~ or o~hor ~nvos~gat~ons ~ be ~dortakon. (b) I~ any questLon h~ been answor(~d Yes ~ho project ~:~y bo ni~niftcan~ and a cc~.ploted Envtro~en:a~ Aasasamen: Fo~ 1~ neceusa~/. (C) Zf al1 queattona have been answered No It 13 likely :~: :hl~ proJ,~ct Will project roeult in a large phyaical to the pro,oct a~to or phy~c~y nl~er than lO acreo o~ ~and7. · . , ~l~ :hero bo a ~or chnn&o to an7 un,quo or unusual land fo~ fo~d on tho site? 3. W~I project ~ltor or have a lar&u off(mt an oxt~%tns body of water? , .... W~l proJec~ have a potentially largo lmpacb ~. W~I proJee: ~$~ificaatly. effuc: drainage on adJaccn~ ai:o~? · · , . . , . 6. Will pro Jet: affect any tl~oa%,mod ,or endangered '-plan~ or ank~%l species? , · . . . . 7. W~I pro~e~% rcs~ in a ~ra~or udv,w':m effect on W~i projec: have'a ~mJor effect cn vis.al char- acter of the com~muni:y Or scenic views o~ kno~m to bo ~portan~ :o :ho co;=muni:7? . . . 9. Will proJoc: adversely lmpac~ an7 slto or ntruct~ ute of h&=%orl~ pro-nip,or,c, or paluon:ologlc~l lmporcnnce or any site designated a~ a critical onv~ronmen~l urea b7 a local agency? . 10. W~I project have a ~or effect on exlu~g or future recreational opport~i~i,)37 . . , 1~. Will proJoct.r~oult' in ~Jnr traffic problem~ · ~ cause a major offec: to oxlmttng transpor:ation 12. Will ~ro~ect roz~arly cause objectionable odor::, noise~ glare~ vibratzon~ or elec:rical ante as a r~s~: of the proJect'u operation? . Will proJoc~ have any itapact on public health or sar IL. Will pro~oc: ~ffoct th~ exluting co~,n~:7 b7 directly causing a~rowth in purm,mmt i:opuln- %ion cf moro ~han percent o./~r a period o~ have a major nel~ativo effect ua tr, e character of the CO~uniL7 ~r nelghL',~rlto~:d'.' , , ~, lO there publ~ontrov~rr~/ conce]'n~n,: tho project? PREP~IER' S S!CUATL~E~ ~~ .... TITLe:: .... Ye~ Yon ~UESTIONNA[RE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS TO THE BOAR___D O_.__~F 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) *b) 2. 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 Are there any areas open to a waterway without bulkhead? Yes Are there existing structures at or below ground level ~ such as patios, foundations, etc? ' 'es Are the~e any existing or proposed fences, concrete 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. Yes e If project is proposed for principal building or structure, is total height at more than 35 feet above ~ average ground level? State total: ft. Yes Are there other premises under your ownership abutting ~ this parcel? If.yes, please submit copy of deed. Yes Are there any building permits pending on this parcel (or abutting land under your ownership,'if any)? State Permit # and Nature: Yes Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): P1 anning. Board Town Board Town TrUstees County Health Department Village' of Greenport N.Y.S.D.E.C. Other 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale.(from contract)· ll. Is new construction proposed in the area of contours at 5 feet or less as exists? ~- 12~ If new construction is proposed in an area within 75 feet of wetland grasses, or land area at a~ eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? 13. Please list present use or operations conducted upon the subject prgperty at this time j -~J(:~)~y~ ~t~ and proposed *Please submit photographs for t'he /?~'?~eco~d. - '~-~~ ' I certify ~,hat the above statements are true and relian~e~y~the B~ar~ of Appeals in considering Signa~'re (Property Owner) (Authorized Agent) Yes Yes Yes Yes Yes Yes Yes Yes ~ Yes ~ Yes are being submitted my application. for 3/87 lk § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- Tho Board of Trustees of tho Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-2(i- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (I) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mcan Iow title are covered by tidal wator~ 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, fiats anti 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, tail cordgrass, high bush, cattails, groundscl, marshmallow and Iow march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet huntward of the mo:st hmdward edge of such a tidal wethtnd. B. FRESIIWATER WETLANDS: (1) "Freshwater wetlamls" as defined ia Article 2,1, Ti- tle 1, § 24-0107, Subdivisions l(a) to ltd) inclusive, of the Environmental Coaservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 2-25.85 EUGENE CREEK FLEETWOOD ROAD LOT ~os. ,E~, ~ ~Ap o~ ~L'E~woo~ cov~ ~ ~u~ ~.~ ~,~,~ omc~ PLAN OF PROPERTY OF THE SUFFOLK COUNTY CLERK FOR AS MAP NO. ~263 JOHN W ZEL B JOAN WE EL AT CU TCNOGUE TOWN OF SOUTHOLD SU~OLK C~NTY , N.Y. I000 - 137 04 06 SCALE I" = ~0' FEB. 2 , 1987 d in acco' v~pa~ ~-,~ surveys as esta~hsn~ ~a~~ ~ for ~"V ~roved and aaO~ ~. L. LA.L.S' an~. °~w Yo~ State N.?.S . LIC. NO. 49618 ,~ such use by l~e ~-~ PECONIC SURVEYORS ~ ENGINEERS~ ~C. (516) 765 - 5020 P O. BOX 909 MA IN ROAD SOUTHOLD~ N.Y. 1197l 87 126 CONSULT YOUR I~WYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THL$ iNDF2~q~3RF~ made the 17th da)' of April , nineteen hundred and seventy-three r~EF%'-q~r~ EiV'?F,L!~ SE!72,'~¥' ?~. ~c ~ '4 :nc~ at ~.]26 ll2th Street, N, Se~r~m~o ~ e, YtorJda, imrty of the first pa~, and JOHN T. WETZEL and JOAN, kWETZEL, his wife, res~d'~ng at 373 Plymouth Street, West Hempstead, Long Island, New YorK, part)' of the second part, WtlNE. SSETH, that the party of the first part, in consideration of Ten Dollars !a~ful money of ihe United States, and other valuable consideration paid by the part)' of the second pan., does hereh.x grant and release unto the party of the second part, the h~irs success)rs and assigns of the party of the second part forever. ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, 5:ruate. lying and being i~ at Cutchogue, Town of Southold, Suffolk County, New York, shown on map entitled, "Property of Nova Realty Corporation, Oyster Bay, N.Y. M~p of Fleets Cove at Cutchogue, Suffolk Co., N.Y., dated April 1938, Lewis N. Water L.S. Oyster Bay, N.Y." filed ~n the Office of the Clerk of the County of Suffolk on the 1st day of July, 1938 as Map No. 1263, being more particularly designated as and by the Plot No. 12 on said map, which said lot is more particularly bounded and described as follows:- BEGINNING at a point on the northeasterly side of Pequash Avenue d~s- tant 91.$2 feet northwesterly as ~easured along the northeasterly side of Pequash Avenue from the corner formed by the ~ntersection of the ~ortheasterly s~de of Fequash Avenue with the northerly side of Fleetwood Road; running thence North 32 degrees 15 m~nutes O0 seconds Mest along the northeasterly sfide of Pequash Avenue, 80.00 feet; thence North 57 degrees 45 m~nutes O0 seconds East, t~5.26 feet; thence South 38 fledrees 56 m'nutes 10 seconds East, 17.27 feet; and thence South 34 degrees 38 minutes 15 seconds West, 160.12 feet to the northeasterly side of Pequash Avenue, the point or place of beginning. PREMISES are the same as those conveyed to ESTELLE SERENBETZ, the grantor herein by Liber 2051 cp. 146. TOGETH2ER with a free and unobstructed right of way over and upon Fleetwood Road and East Road to pass and repass on foot, with animals or vehicles, to the beach at East Creek, together with the privilege of using for bathing purposes that part of the beach at East Creek, which ]!es easterly of a point marked by a cedar bush growing on said beach. and beach to be used by the party of the second part,/the heirs~ representatlves and assigns of the party of the second part, co~non w~th owners of other lots on sa~d map. Said rights of way and the right to the use of the legal in STAT~ OF ~,V ~ro~. co~m~ O~ the da), of personally came 19 · before me] to me lmown to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same, STATE C;: tI~W YOR~(, COU;tT¥ OF SS: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrurnent; that he knows the seal of said corporation; that the seal affixed to said instrmnent is such corporate seal; that it was so affixed by orJer of the board of directors of said corpora- tion ~an~d that he signed h name thereto by like order. STAi'E OF NEW YO2K, COUNFY O? ~'u~'/~Z STATE OF NEW ¥Oal~ COUN~I O~ On the day of personally came 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE O$: NE'rY YO~K, ¢OUtlT¥ OF On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- ./~[gn, and that he signed h name thereto by like order. On the 17th day of April 1973, before me personally came WARREN L. SERENBETd to me kno~rn to be the individual described in and who executed the foregoLng instrument, and to me kno~ to be the attorney in fact of ES~ELLE SERENBETL, THE INDIVIDUAL DESCRIBED IN, AND ,qHO BY SAID atto~ey in fact executed said instrument, and duly acknowledged that he executed the same as the act and deed of said ESTSLLE SERENBETZ by virtue of a power of atto~ey dated Novem- be~ 3, 1971, in~ended %o be recorded simul%aneously with %his d~e~ of con- ._ ~Q~ ~ .~ ,N; 60 37;,:143 ~ ESTELI3] SEHENT~ETZ COUNTV~;~ Suffo!k Town Southo!d TO JOHN T. WL'TZEL and JOAN WETZEL, his wife STANDARD FORM OF NEW YO~qK BOARD OF TITLE UNDERWRITERS ~t~buted by COMMONWEALTH LAND TITLE INS LnR.&NC E COMPANY 'I'OGETIq£R with all right, title and interest, if any, of the part3, of the first part in and to any streets and roads abutting the above described premises tn the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the par[.y of the first part in and to said premises, 'tO H~HE ,~lh[D TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. ~.I~'D the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this convekance and w/Il hold the right to receive such eration as a tru~,t fund to be applied first for the purpose o£ paying the cost of the im?r,',vement and will the same first to the payment of the cost of the improvement before rising any part of the total of the same for any other purpo-~e. The word "part)," shall be construed as if it read "parties" whenever the sense of this indentu~so requires. caused this instrurae,.t to be IN W1T~'F_..S~ WlqEREOF, the part2.' of the first part has duly ~;r~mx signed in her name and to be sealed on the date above wr' tten by ;~ARREN L. SERENBETZ pursuant to a power of attopne-y author- ~.~ e~ss~.~.c~oF: iz'ng the same, dated NoTember 3, 1971, intended to be recosded simultaneously with this deed of conTeyar~ce. /* *arren L. Sepenbetz as