Loading...
HomeMy WebLinkAbout3624Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3624 Application Dated Apri] TO: Mr. Ernest Tarmin P.O. Box 2043 Orient, NY 11957 3, 1987 [Appellant (s)] At a Meeting of the Zoning Board of Appeals held on Jul3 16, ]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 Variance to the Zoning Ordinance Article XI , Section ]00-]19.2 [ ] Request for Application of ERNEST TARMIN for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to con- struct accessory structures with a setback of less than 100 feet from bluff/bank along the Long Island Sound. Location of Property: Right-of-way off the north side of Main Road, Orient, NY; County Tax Map Parcel ID No. 1000-14-2-1.1. WHEREAS, a public hearing was held and concluded on May 21, 1987 in the Matter of the Application of ERNEST TARMIN under Appl. No. 3624; 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 familiar with the premises in question, its present zoning, and the surrounding areas; and are WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of a private right-of-way which extends off the north side of the Main Road at Orient, New York, and is identified on the Suffolk County Tax Maps as District 1000, Section 14, Block 2, Lot 1.10. 2. The subject premises contains a total area of 5.755 acres and is improved with one single-family dwelling and accessory building. The dwelling is shown on site plan prepared August 23, 1984 by Keller-Sandgren Associates, A.I.A. to be set back 116± feet from the top of the bluff area at the 36.2 ft. elevation contour line. The subject premises is located in the "A-80" Residential and Agricul- (CONTINUED ON PAGE TWO) DATED: July 16, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Pa~e 2 Appeal No. 3624 Matter of ERNEST TARMIN Decision Rendered July 16, 1987 tural Zoning District. 3. By this application, appellant requests permission to locate gazebo structure of a size ll feet in diameter and at a height not to exceed 12 feet, with a setback at not less than 50 feet from the bluff area (36.2 ft. el.). Also shown on the site plan submitted for consideration is a proposed stairway to extend from the top of bluff seaward a length of 37± feet and attached 8' x 8' square deck/platform area at the top of bluff area. 4. Article XI, Section 100-119.2, subparagraph Ail] requires all buildings proposed Qn lots adjacent to the Long Island Sound to be set back not less than one-hundred (lO0) feet from the top of the bluff, or 36.2' elevation contour line. 5. The Board finds that although the difficulties created were self-imposed, the location of the gazebo struc- ture at a distance not closer than 50 feet from the bluff is not unreasonable. The structure will not require .a foundation-type construction and will not be attached to the livable .floor area or be used in any habitable manner. 6. For the record, it is noted that there are similar structures located with similar setbacks along the Sound bluff. 7. It is further noted for the record that the Board does not feel it is in a position to approve the stairs and attached deck/platform along the bluff as applied, and that additional documentation will be required before approval is to be rendered. As an alternative, this Board approves the gazebo as noted below, and denies the stairs construction without prejudice to future application. In considering this appeal, the Board also finds and determines: (a) the relief requested is substantial in relation to the requirements, being a variance of 50% of the requirements (50 feet); (b) the placement of the accessory gazebo structure at a point not closer than 50 feet from the top of the bluff is not unreasonable and will .not be detrimental to adjoining properties or change the character of the district; (c) the circumstances of the property are unique; (d) the practical difficulties are self-imposed; (e) the difficulty ¢~a'nnot be obviated by some method feasible .for appellant to pursue other than a variance; (f) the interests of justice will be served by granting a conditional approval, as no.ted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Goehringer,. it was Page 3 - Appeal No. 3624 Matter of ERNEST TARMIN Decision Rendered ~y 16, 1987 RESOLVED, to APPROVE the accessory gazebo structure (ll ft. in diameter and at a height not to exceed 12 feet) as applied, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Accessory gazebo shall not be located closer than 50 feet to the 36.2-ft. elevation (bluff) line, as applied; 2. Accessory gazebo structure shall remain open, except for screening, and not enclosed at any time; 3. Accessory gazebo ~tructure s'hall not be used at any time for living or sleeping quarters; 4. Accessory gazebo structure shall be located in the general area as shown on the sketched site plan (and not closer to the dwelling on this property and neighboring properties); 5. Proposed lighting, if any, must be property (of a mushroom-type); and shielded to the BE IT FURTHER RESOLVED, that the construction of deck/platform/stairs, DENIED WITHOUT PREJUDI,£~, as applied. request for the BE AND HEREBY IS Vote of the Doyen, Douglass adopted. Board: Ayes: Messrs. Goehringer, Grigonis, and Sawicki. This resolution was unanimously lk D P. GOI~H&rINGE'R, ~IRMAN ~uly 20, 1987 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, MAY 21, 1987, at the following times: 7:35 p.m. File NOD 2624 ERNEST TARMIN. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct accessory structures with a setback of less than lO0 feet from bluff~'bank along the Long Island Sound. Location of Property: Right-of-way off the north side of Main Road, Orient, NY; County Tax Map Parcel ID No. 1000-14-2-1.1. 7:40 p.m. File No. 3625 PUDGE CORP. Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to construct one-sTory ~mini-storage~' buildings in this "C-Light" Industrial Zoning District. Location of Property: East Side of Horton's Lane, Southold, ~Y; County Tax Map Parcel ID No. 1000-63-01-10. 7:45 p.m. File No. 3626 NORTH FORK EARLY LEARNING CENTER. Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[3] for permission to establish private (nurser~) school [or day-care center], as a nonprofit organization,'at premises referred to as the "Veterans Community Center," north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, Mattituck, NY; County Tax Map Parcel ID No. 1000-140-2-39. 7:50 p.m. File No. NORTH FORK EARLY LEARNING CENTER. Variance to the Zoning Ordinance, Article III, Section 100-30(B)[3] subsections (a) and (d), for permission to establish nonprofit private (nursery) school [or day-care center] within existing building which is set back less than 50 feet from Pike Street, and upon premises having less than five or more acres, referred to as the "Veterans Community Center," north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, Mattituck, NY; County Tax Map Parcel ID No. 1000-140-2-39. 7:55 p.m. File No. 3630 - JOHN KRAMER AND WAYNE DePETRIS. Variance to the Zoning Ordinance, Article III, Section 100-60(C)[2] for permission to replace existing ground sign:~i the lower edge of Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - May 21, 1987 which shall be less than four feet above the ground. Location of Property: 54985 Main Road, Southold, NY; County Tax Map Parcel ID No. 1000-62-1-5. 8:00 p.m. File No. 3629 IRWIN AND SONDRA THOMPSON. Variance to the Zoning Ordinance, Article VI, Section 100-62(E) and Article VII, Section 100-71, for approval of an ~nsufficient sideyard setback to an existing structure and proposed new structure resulting from an alteration in the location of line of abutting parcel to the east. Zone District: 'B-1 General Business." Location of Property: Corner of north side of Main Road and east side of Boisseau Avenue, Southold~ NY (Thompson's Emporium)~ County Tax Map Parcel ID Nee 1000-63-03-08. 8:05 p.m. Exception to the Zoning Ordinance, Article III, 30(B)[16] for permission to establish "Bed and an owner-occupied building, other than a hotel, and breakfast is provided for not more than six File No. 3586 ROBERT AND HELEN DIER. Special Section lO0- Breakfast Use,' where lodging casual, transient roomers, and renting of not more than three rooms, in conjunction with present single-family use and accessory apartment use established under Appl. No. 3597 March 5, 1987. Location of Property: 355 Terry Lane, Southold~ NY; County Tax Map Parcel No. 1000-65-7-20. 8:15 p.m. File No. 3439 - ARNOLD AND KAREN BLAIR. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two proposed parcels in this pending di¥ision of land located at Cedar Lane (and Pine Place), East Marion, NY; "Map of Section Gardiners Bay Estates" Map No. 275, Lots 156, 157, 158, t59, 160, 167 thru 172, inclusive, 151, 153; County Tax Map Parcel No. 1000-037-7-10.2. 8:20 p.m. File No. 3543 - PETER AND BARBARA HERZ. Variances to the Zoning Ordinance, Article XI, Section 100-119.2 for permis- sion to locate new single-family dwellln9 with ~nsufficient setbacks from existing outkhead and from highwater areas along Midway Inlet and Hog Neck Bay, premises referred to as 70 Cedar Point Drive, Southold, NY; Cedar Beach Park Map, part of Lots 152 and llO; County Tax Map Parcel No. 1000-90-02-13.1. 8'~ p.m. File No.~ BENJAM ~ HERZWEIG. an_ < W~ILL~A~M M~OORE. Valance to t~oning. Ordinance, Article XI~ Section 100-119.2 foe~sion to locate new single-family dwelling with an i~l<xC~nt setback from nearest wetland grasses/areas. Loca.t. iQ~f Proper?3~ East Side (#375) Meadow Lane, Mattituck, NY~/~p of Matt]~uck ~'~tes #4453, Lot 42; Countv Tax Map P~rcel No. 1000-~5-05-00~. Page 3 Notice of Hearings Southold Town Board of Appeals Regular Meeting May 21, 1987 The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard tn each. of the above matters. Each hearing will not start before the time allotted, written comments may be submitted prior to the con- clusion of the subject hearing. For more information, please call 765-]809. Dated: May ll, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Copies to the following on or about 5/11/87: Suffolk Times (personal delivery) L.I. Traveler-Watchman (personal delivery) Town C~erk Bulletin Board Z.B.A. Office Bulletin Board Mr. Effnest Tarmin, Box 2043, Main Road, Orient, NY 11957 Mr. James L. Gray, Sr., President, Pudge Corp., 1040 Horton La, Std, NY llS Mr. and Mrs. Glen Moller, North Fork Early Learning Center, Box ]053, Mattituck, NY 11952 Mr. John J. Kramer Mr. Wayne DePetris P.O. Box 1406, Southold, NY t1971 Philip J. Car,'hale E .+ , o~~td Dean) ~~a-~ LMK~s, NJ 07047 Mr. Garrett A. Strong, R.A. (Agent for Thompson's Emporium), Box 1412, Main Road, Southold, NY 11971 Mr. and Mrs. Robert Diet, 355 Terry Lane, Southold, NY 11971 John M. Wagner, Esq., Box 279, 108 £. Main St., Riverhead, NY 11901 J. Kevin Mctaughlin, Esq., 828 Front St., Box 803, Greenport, NY 11944 Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 (Attorney for Blair) Patricia C. Moore, Esq. (Rudolph H. gruer, £s~.), Attorney for Mr. and Mrs. Peter Herz, Main Road, Southold, NY 11971 J. Kevin McLaughlin, Esq. (Attorney for Mr. Blair) Box 803, 828 Front Street, Greenport, NY 11944 Richard J. Cron, Esq., Main Roa~, Cutchogue, NY 11935 William D. Moore, Esq., Clause Commons, Suite 3, Box 23, Mattituck 11952 (Herzweig & Moore Application) Individual ZBA files ZBA Members with copies of files Building Department (Vic Lessarfl) TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................. Date ..... ...~P~.. .~ ........ 19'~.~{.. · ..~. ~...~..'?t,. ).1~.~27 ........... PLEASE TAKE NOT1CE~hat your application dated . .~.~~ for pe~it ,o construct . . ~ ...~~.o~- ..... . ....: .............. :..: ................ at Location of Property County Tax Map No. 1000 Section . .-...~.[. ~. .... Block ..... O. ~ ..... Lot ...: .1~ ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..~i~-~..-'~. ~.~ ¢.~o. l.~..-.{I ¢j,a.. · 5.. ' .............. Building Inspector TOWN OF SOUTHOLD, NEW YORK FROM DECISION OF BUILDING INSPE~OR APPEAL NO. ~'~ DATE March 31, 1987 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .......... .Erm e.s t .. Z'a xm,/n ............................. of .............. .~..a../..n.,, .R..o..a. fl. ............................................ Name of Appellant Street and Number Orient Municipality New York M[:Rm:~Y APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF: THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Ernest Tarmin Name of Applicant for permit of Box 2043 Orient, New York 11957 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO CONSTRUCT A GAZEBO 1. LOCATION OF THE PROPERTY ......... ~.:.o..,~,....o../../....~..a.../A..g.d.: ......... .o..z:.~..e..n.~ ................................. Street /Hamlet / Use District on Zoning Map District 1000 Section ol~Btock o2Lot 1 1.oc rrent ............................................ L... u Owner E. znest Tarmin /'Aop No. Lot No. Prior Owner 2, PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section section and Paragraph of the Zoning Ordinance by number. Do nat quote the Ordi.nance.) Article xl Section ~oo - 119.2 Sub- 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has)(h~s 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 ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary 'HARDSHIP because 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property aha in this use district because 3 The Variance would observe the spirit of the Oramance and WOULD NOT CHANGE THE C--~ARACTER OF THE DISTRICT because RtE WISH TO LOCATE THE GAZEBO APPROXIMATELY 50 FEET FROM THE SOUND BLUFF THIS WOULD NOT DISTURB MY NEIGHBORS DUE TO THE SIZE O~ THE PLOT iT WOULD ~OT DISTURB OR IiYDANGER THE BLUFF STATE OF NEW YORK ) COUNTY OFi~j) ss Sworn to this .............................................. day / Signature / of OWNER STREET FORMER OWNER LAND IMP, TOTAL O0 $OI~TI~OLD N S FARM DATE PROPI~TY-4~CO~D CArD VILLAGE SUD. E W COMM. REMARKS TYPE OF BUILDING CB. MICS. Mkt, Value .Tillable Woodland Meadowland House Plot Total FRONTAGE ON BULKHEAD M. B Id~3. Extension Extension Extensio~~, P~rch Deck B reez~way Garage Foundation Basement Ext. Walls Fire Pl~ce Bath Floors Interior Finish Heat Pool Attic Patio ] Rooms ~,st Floor Driveway tRooms2nd Floor d that s~nc~ this in an agricultural y exist~ thgt ~he V contain trace ~s o~d/or nitr~tes. ~;~ required, ~.L O~ CO~-ISTRL1CTION TOWN OF $OUTHOLD SCALE, SUFFOLK COUNTY, NEW YORK NO. MAR. M, I" = 300 Ernest Tarmin 474 Ocean Avenue Lynbrook, N.Y. 11563 December 11, 1989 MR. GERARD P. GOEHRINGER SOUTHOLD TOWN BOARD OF APPEALS Main Road - S.R. 25 Southold, New York 11971 REF: Appl. No. 3888 Dear Mr. Goehringer, I have received the Boards letter dated December 7th, advising that the public hearing will be held on December 19, 1989. Unfortunately, I will be unable to attend since December 19th is my wife's 50th birthday and our children have arranged a special evening. Should the hearing date change for any reason, please notify me at (516) 536-3443 as I will gladly attend. The distance from the southwest corner of the proposed tennis court to the southwest corner of the property line is approximately 582 feet. The courtesies of the Board in understanding my reason for non-attendance is appreciated. Sincerely, E. Tarmin DEPARTMENT OF PLANNING COUNTY OF SUFFOLK Michael A. LoGrande SUFFOLK COUNTY EXECUTIVE 360-5513 July 27, 1987 Town of Southold Zoning Board of Appeals Applicant: Ernest Tarmin Mun. File No.: 3624 S.C.P.D. File No.: SD-87-18 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: The stairway and decking/platform appears injurious to the integrity of the bluff. 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 ROAD 25 SOUTHOLD, L.h, N.Y. 11~?1 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Pursuant to Article XIII of the Suffolk County Board of Appeals of the Town of Southold, New the following to the Suffolk County ×× Variance from the Zoning Code, Charter, the York, hereby refers Planning Commission: Article ×I , Section lO0-Zl9.2 Variance from Determination of Southold Special Exception, Article , Section Special Permit Town Building Inspector Appeal No.: 3624 Applicant: Mr. Ernest Tarmin Location of Affected Land: Main Road, Orient, NY County Tax Map Item No.: 1000- ~-2-1.1 Within 500 feet of: Town or Vii]age Boundary Line ×× Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Lan or Existing or Owned by the Lines, Within Within Proposed Right-of Way of Any Strealn or Drainage Channel County or for Which The County Ilas Establi~h(]d Channel One Mile of a Nuclear Power Plant One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct accessory structure with a setback of less than ZOO feet ~om biu~f/bank along Long Island Sound. Copies of Town file and Dated: July 24, 1987 related documents enclosed for your revi,~w. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOERRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H.$AWlCKI July 21, 1987 Mr. Ernest Tarmin P.O. Box 2043 Orient, NY 11957 Re: Appeal No. 3624 (Variances) Dear Mr. Tarmin: 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 issuance of any permits or other approvals in be applicable. Department for writing as may 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 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 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 May 21, 1987 S2E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3624 PROJECT NAME: ERNEST TARMIN This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Construct accesso~y~ structures with a setback of less than 100 feet from bluff/bank along Lond Island Sound LOCATION OF PROJECT: Town of Southold, County of~Suffolk, more particularly known as: ROW off the N/s of~Main R~ad, Orient, NY 1000-14-2-1.1 grasses or areas subject to REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no ~ignificant 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. (3) 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. (3) Information has been submitted' ~y applicant or his agent' indicating that the project will not involve the disturbance of wetlands flooding which may be considered wetlands. TOWN OF SOUTHOLD IN THE ~.~TTER OF ERNEST TARMIN THURSDAY, MAY 21, 1987, PUBLIC HEARING 7:35 p.m..Appeal NO. 3624 Public Hearing commenced in the Matter of ERNEST TARMIN. Accessory structures with insuffi- cient setback from bluff/bank along the L.I. Sound. ROW off north side of Main Road, Orient. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: It appears that this structure is approxi- mately 11 by 11 and I know it's a six-sided structure. And I have a copy of the Suffolk County Tax Map and a copy of the sur- vey dated March 14, 1984 indicating a lot of 5.775 acres. And I have a site plan survey indicating the main house and the position of the gazebo which is in the rear of the dwelling equally distanced between the house and the bluff line approximately 50 feet from the bluff. I also have pencilled in on this sketch plan is a series of stairs and a platform leading to the Sound. And I have a copy of the Suffolk County Tax Map indicating this and surrounding proper- ties in the area. Is there anybody who would like to be heard on behalf of this application? It's unfortunate that Mr. Tarmin is not here or some agent for Mr. Tarmin because we have specific dis- cussion or questions concerning the steps. Is there anybody who would like to speak against the application? Hearing no further questions, any questions from Board members? For the record, having gone up there two weeks ago, the approximate placement of the gazebo and its proposed location does not serve (in my opinion) to be any hazard to the bluff and that's from my visual observation. Hearing no further questions, I'll make a motion closing the hearing and reserving decision until later. Ail in favor - AYE. QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS 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 prop~sal~ to change, or alter land contours? Yes Nh 2.a) Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Yes Town Code, Ch. 97 for your reference.) *b) Are there any areas open to a waterway without bulkhead? Yes 3. Are there ex~sting structures at or below ground level such as patios, foundations, etc? ' Yes 4. Are there any existing or proposed fences, concrete barriers, decks, etc? Yes Yes ~ If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground~l? 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,Jif any)? State Permit # and Nature: Yes Yes ~/~ Yes ~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): lO. Planning Board Town Board Town TrUstees County Health Department Village of Greenport N.Y.S.D.E.C. Other Yes Yes Yes o' Yes No Yes Yes ~ ¥os Is premises pending a sale or conveyance? If yes, please submit copy of names 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 12~ If new construction is proposed in an area within 75 feet of wetland grasses, or land area at ab 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 the requirements of Ch. 97 of the Town Code? 13. Please list present use or operations conducted upon the subject property at this time and proposed *Please submit photographs for the record. I certify that the above statements are true and are being submitted relia~e by th~..e.~Board of Appeals in ?nsidering my.application. Si~fiature '(Property Owner) (Authorized Agent) / 3~87 lk for § 97-13 WETLANDS § 97-13 TOWN -- The 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 inlcrmittently cov- ered with, or which border on, tidal waters, or'lands lying beneath tidal waters, wbich at mcan low title are covered by tidal water0 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 bani;s, bogs, meadows, fiaks and tidal marsh subject to such tides and upon which grows or may grow some or any of the following; salt hay, black grass, ssi;worts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the moat landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 2,1, Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land immediately 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 ~-.o5- s5 APPEALS BOARD MEMBERS GERARD P. GOERRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of ApPeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 April 28, 1987 Mr. Ernest Tarmin P.O. Box 2043 Main Road Orient, NY 11957 Re: Appeal No. 3624 (Variance) Dear Mr. Tarmin: 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 May 21st , written confirmation will be sent to you within the next couple of weeks. A copy of the 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. CHAIRMAN Enclosures(Receipt) By Linda P.S. At your convenience, please complete, enclosed Z.B.A. questionnaire for our file. GOEHRINGER Kowalski sign and return Thank you. the THE WILLIAMSBURG GAZEBO NOTICE OF HEARINGS 8:00 p.m. File No. 3629 - NOTICE IS HEREBY~[~RWIN AND SONDRA GIVEN pursuant to Section 267~HOMPSON. Variance to the of the Town Law and the Cede of ~Zon ng Ord nonce, Article VI, theTownofSouthold, thefollow- Section 100-62(E) and Article lng public hearings will be held VII, Section 100-71, for approval by the ~OUTHOLD TOWN of an insufficient sideyard set. BOARD OF APPEALS at a back to an existing structure RegularMeetingattheSeuthold and proposed new structure re- Town Hall, Main Road, South- suiting from an alteration in the old, Ney/ York, on THURS- location of lot line of abutting DAY, MAY 21, 1987, at the roi- parcel to the east. Zone District: Iowingtimes: "B-! General Business." Loca- i00 7:35 p.m. File No. 3624 _ ER~' tion of Property: Corner of north EST TARMIN. Variance to] side of Main Road and east side e Zoning Ordinance, Article/ of Boisseau Avenue, Seuthold, l, sectionl00.119.2forpermis/ NY (Thompson's Emporium); on to construct accessory struc~ County Tax Map Parcel ID No. res with a setback of less tban'~I000-63-03'08. feet from blufffoank along / 8'05 m Fle No 3586 - e Long Island Sound. Locati,on { R~ERP~ ' AND ' HELEN of Property: Right-of-way off the ~ DIER Specia Exception to the northsideofMainRoad, Orient,{ Zoning Ordinance, Article Iii, NY; County Tax Map Parcel ID ) Section 100-30(B)[161 for per- No. 1060-14-2-1.1. / mission to est~.blish "Bed a'nd ~ 7:40 p.m. File No. 3625/- Breakfast Uso,' an owner-oc- PUDGE CORP. Special Excep- cupied building, other than a tion to the Zoning Ordinance, Article VIII, Section 100-80(BI for permission to construct one- story "mini-storage" buildings in this "C-Light" industrial Zon- ing District. Location of Prop- erty: East Side of Horton's Lane, Southold, NY; County Tax Map Parcel ID No. 10~0-63-01-10. 7:45 p.m. File No. 3626 - NORTH FORK EARLY LEARNING CENTER. Special Exception to the Zoning Ordi- nance, Article 111, Section 100- 30(B)[3| for permission to estab- lish private (nursery) school day-care centerl, as a nonprofit organization, at premises refer- red to as the "Veterans Commu- nity Center," north side of Pike Street, east side of Wickham Ay- enue, and south side of Hill Street, Mattituck, NY; County Tax Map Parcel ID No: 1000-~ 140-2-39. 7:50 p.m. File No. 3632 - NORTH FORK EARLY LEARNING CENTER. Vari- once to the Zoning Ordinance, Article III, Sec~.~on 100-30(B)[3] subsections f'a~) ~nd (d), for per- mission to establish nonprofit private (nurseryl school [or day- care center] within existing buildi~4~ which is set back less than 50 feet from Pike Street, and upon premises having less than five or more acres, referred to as the "Veterans Community Center," north side of Pike Street, east side of Wickham Av- enue, and south side of Hill Street, Mattituck, NY; County Tax Map Parcel ID No. 1000- 140-2-39. 7:55 p.m. File No. 3630 - JOHN KRAMER AND WAYNE DePETRIS. Variance to the Zoning Ordinance, Article III, Section 100-601Cll2] for per- mission to replace existing ground sign, the lower edge of which shall be less than four feet above the ground. Location of Property: 54985 Main Road, Southold, NY; County Tax Map Parcel ID No. 100-62,1-5. hotel, where ledging and break- fast is provided for not more than six casual, transient room- ers, and renting of not more than three rooms, in conjunction with present single-family use and accessory apartment use estab- lished under Appl. No. 3597 March 5, 1987. Location of Prop- erty: 355 Terry Lane, Southold, NY; County Tax Map Parcel No. 1000-65-7-20. 8:16 p.m. File No. 3439 - AR- NOLD AND KAREN BLAIR. Variances to the zoning Ordi- nance, Article III, Section 100- 31, Bulk Schedule, for approval of insufficient area and width of two proposed parcels in this pending division of land located at Cedar Lane (and Pine Place}, East Marion, NY; "Map of Sec- tion 2, Gardiners Bay Estates" Map No. 275, Lots 156, 157, 158, 159, 160, 167 thru 172, inclu- sive, 151,153; County Tax Map Parcel No. 1000-037-7-10.2. 6:20 p.m. File No. 3543 - PETER AND BARBARA HF.~Z. Variances to the Zoning Qr.d_i..n.a._nce,. Article XI, Section 100-119.2 for permission to lo- cato new single-family dwelling with insufficient setbacks from existing bulkhead and from highwator areas along Midway Inlet and Hog Neck Bay, prem- ieag referred to as 70 Cedar Point Drive, Seuthold, NY; Cedar Beach Park Map, part of Lots 152 and 110; County Tax Map Parcel No. 1000-90-02-13.1. The Board of Appeals will hear at said time and place all persons or representatives desir- ~ lng to be heard in each of the "above matters. Each hearing will not start befo~'e the time al- lotted. Written comments may be submittod prior to the conclu- sion of the subject hearing. For more informatiofi;~Please call 765-1809, Dated: May 11, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS rATE OF NEW YORK ) ) SS: .DUNTY OF SUFFOLK ) lic~illi~A~S ._ of Greenport, in dd County, being duly sworn, says that he/she is ,incipal Clerk of THE SUFFOLK TIMES, a Weekly ewspaper, published at Greenport, in the Town : Southold, County of Suffolk and State of New )rk, and that the Notice of which the annexed is printed copy, has been regularly published in dd Newspaper once each week for 1 14th eeks successively, commencing on the ......... ,yof __ May 19' 8.7 Principal Clerk ~v~_rn to b ~re me this_,~ ~)~' ,yuf~_~(~ _ 1~-~ ~,.~. ~ NOTICE OF HEARINO~ NOTICE iS HEREBY GIV- EN, pursuant to Section 26'/of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTH.OLD TOWN BOARD OF APPEALS at a Regular Meeting 'at the Southold Town Hail, Main Road, Southold, NY, on THURSDAY' MAY 21, 198_7a at the following times: MIN. Varianceto ] the Zoning Ordinance, Article / XI, Section 100-119.2 for per-/ mission to construct accessory I structures with a setback of lessI than 100 feet from bluff/banl~ ~ along the Long Island Sound. [ Location of Property: Right-of- ~ way off the north side of Main Road, Orient, NY; County Tax Map Parcel ID No. ] 100-14-2-1.1. 7:40 p.m. File No. 3625-' PUDGE CORP. Special Excep- ~"fi-to t~ng Ordinance.' Article VIII. Section 100-80(B) for permission to construct one- story "mini-storage" buildings, in this "C-Light" Industrial Zoning District. Location of" Property: East side of Horton's Lane, Southold, NY; County Tax Map Parcel ID No. 1000-63-01~10. 7:45 p.m. File No. 36262 NORTH FORK EARLY/' Exception to the Zoning Or- dinance, Article 111, Section 100--30(B)~3] for permission to establish private (nursery} school lot day-care center], as a nonprofit organization, at premises referred to as the "Veterans Cothmunity Center~' north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, Mit- tituck, NY; County Tax~M~p Parcel ID No. 1000-140-2-39. 7:50 p.m. File No. ~3632- _NORTH FORK EARLY LEARNING CENTER. Variance to the Zoning Or- dinance, Article 111, Section 100-30(B) [31 subsections (a) and.., (d), for permission to establish non-profit private (nursery)school [0r day-care center] w~thin existing building which is set back less than 50 feet from Pike Street, and upon premises having less than five or more acres, referred to as the "Veterans Community Center;' north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, Mat- tituck, NY; County Tax Map Parcel ID No. 1000,140-2-39. 7:55 p.m. File No. 3630- JOHN KRAMER AND WAYNE~aPETRIS. Variance cie I11, SeCtion 100-60 (C) [2] for (t~'z FO L K permission to replace 'existing/~ ground sign, the lower edge of {OR K which shall be less than four feet above the ground. Location of Property: 54985 Main Road, Southold, NY; County ~ Map Parcel ID No. 1000-62-1-5. 8:00 plm. File No. 3629- [I~- WIN AND SONDRA THOMPSON. Variance to the Zoning Ordinance, Article VI, Section 100-62(E) and Article VII, Section 100-71, for approval of an insufficient sideyard set- back to an existing structure and proposed new structure resulting from an alteration in the loca- tion of lot line of abutting parcel SS: to the east. Zone District: "B-I General Business:' Location of~ '--- ~ (. - Property: Corner of north side/'~' of Main Road and east side of ..... -' ~ ~ ~ ~ ~ ~'~:: ~ ~ = ~ '~' ' ?'~ '~'?' ' Boisseau Avenue' Southold, NY (Thompson's Emporium); County Tax Map Parcel ID No. 1000-63-03 g. / 8:05 p.m. File No. 3586- me this ..................... day o~ RQBERT AND HELEN DIER. Special Exception to the Zoning Ordinance' Article III, Section ......... 100-30(B)[161 for pernii§sioh~ [0 ~' establish "Bed and Breakfasi Use;' an owner-occupied where lodging and breakfast is .~.~. ~: .,~. ~. .......... provided for not more than six · ' ' casual, transient roomers, and Notary Public renting of not more than three rooms, in conjunction with pre- sent single-family use and ~: acessory apartment use/\ established under AppL No. 3597 March 5, 1987. Location of Property: 355' Terry Lane, Southold, NY; County Tax Map Parcel No. 1000-65-7-20. 8:15 p.m. File No. 3439- ARNOLD AND KAREN _~Variances to the Zon- ing Ordinance, Article II1, Sec- tion 100-31, Bulk Schedule, for approval of insufficient area and width of two proposed parcels in this pending division of land located at Cedar Lane (and Pine Place), East Marion, NY; "Map of Section 2, Gardiners Bay Estates" Map No. 275, Lots 156, 157, 158, 159, 160, 167 thru 172, inclusive, 151, 153; County 'Pax j Map Parcel No. {Oea~-ff¥~.'~.lO 2. 3 being duly sworn, says that she is the ~)NG ISLAND TRAVELER-WATCHMAN, ~r printed at Southold, in Suffolk County; e of which the annexed is a printed copy, d in said I_ong Island ] raveler-Watchman ./ ..... weeks ~encing on the /f~ c~ 7 BARBARA FORBES Notary Public, State of New York No. 48()~;846 Qualified in 8uff.lk County Commission Expires ~ J 1 19 8:20. File No. A~D BARB~gA HERZ. Variances to the ~ning Or- dinance' Article XI, Section 1~-119.2 for permission to locate n~ single-family dwell- ing with insufficient setbacks from existing bulkhead and ~r~ highwater areas along Midway Inlet and Hog Nec~ Bay, premises referred to as 70 Cedar Point Drive, Southold, NY; Cedar Beach Park Map, part of ~ts 152 and I10; Coon- ty Tax Map Parcel No. 1~-~-02-13.1. The Board of Appeals will hear a~ said time and place ail persons or represen~atlves desir- ing to be.heard in each of the~ a~ve matters. Each hearing not start before the dine allot- ted. Written comments may be submitted prior ro the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: May 11, 1987 BY ORDER OF THE Southold Town Board of Appeals MAIN EOAD- STATE ROAD 25 $OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR.. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Enclosed of the public a copy of the Watchman, Inc. herewith as confirmation of the time and date hearing concerning your recent application is Legal Notice as published in the L.I. Traveler- and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel fr~e to call our office, 765-1809. Yours very tr,ulv_,~ ~, ~ GERARD P. GOEHRFNGER ~// CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk JUDITIt T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TO: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 3, 1987 Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3624 , application of Ernest Tarmin 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 iSLANO souNO ,40"~. in on agricultural y exists that the ¥ contain trace :s a,~d/or ~itr~tes. DEPARTMENT OF HEALTH ~ ~.~ ~ now ot formerlF Wl~if~om in~estme~ ~' ~N OF SUFFOLK COUNTY, NEW YORK NCflTA~ AGENCY AND ~ENOI~G INIT TUTiON DATE: J~J~. /4, 1984 SCALE= /" = 2~ ' NO. 84 - £.T~ TOWN OF SOUTHOLD, NL~V YOItK APPEAL FROM DECISION OF BUILDING INSPECTOR APPFAL NO. "-"2~/ DATE ....~..a.~g..h... ,3. ,~. ~... ] ?..8..7 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) Ernest Tarmin of Main Road Name of Appellant Street and Number ........................................ .?..~?.~..c ............................................ ..N..e.~..~.o..z..~. ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Ernest Tarmin Name of Applicant for permit Of BOX 2043 Orient, New York 11957 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( X ) PERMIT TO CONSTRUCT A GAZEBO 1. LOCATION OF THE PROPERTY R.O.W. off Main Rd. Orie..n.t .................... District 1000 SectionOl4 Block02 Lot~.lo~ . .................................................................................. L, urren~ Owner Ernest Tarmin Mop No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi.nance.) Article Xl Section lOO - 1~9.~ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has)~ 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 ( ) request for a variance and was mode in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ~s requested for the reason that ~'orm zB! (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 all 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 because WE WISH TO LOCATE THE GAZEBO APPROXIMATELY 50 FEET FROM THE SOUND BLUFF THIS WOULD NOT DISTURB MY NEIGHBORS DUE TO THE SrZE OF THE PLOT IT WOULD NOT DISTURB OR INDANGER THE BLUFF STATE OF NEW YORK ) COUNTY OF/~~''x~ ss Sworn to ,h~s J~ day o~ ........ ~9// BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter m; the Petition of to the Board of Appeals of the Town of Southold TO: ROBIN WAGNER 890 Broadway New York, N.Y. 10003 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~ (Special Exception) (Special Permit) Other) [c±r¢le 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: R.O.W. o££ Main Rd. Orient County Tax Map No. 1000 Section 014 Block 02 Lot 1.10 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: Permit to construct a Gazebo within 100 feet of the Sound Bluff $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article xl Sectica 100 - 119,2 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be flied in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: March 31, 1987 Petit'~ner Owners ' Names: Ernest Tarmin Post Office Address 2043 Orient, N.Y. 11957 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P K)9 175 76! RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOE~-- NOT FOR INTERNATIONAL MAiL (See Reverse) '$ENTTO ' I PO STAT[~bZi~OD[ / [ SPE, IAL DE~:~VERY RESTRIC~ ED DELWER ..' ; STATE OF NEW YORK ) COUNTY OF ~) SS.: ERNEST TARMIN , residing at MAIN RD. ORIENT, N.Y. 11957 , being duly sworn, deposes and says that on the 2 day of APRIL ,19 87 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of 5outhold; that said Notices were mailed at the United States Post Of- fice at ROCKVILLE CENTRE, N.Y. 11570 ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to b~o. re m.~ this c~ ~-~.~ dayof. ~/"~4.c,/" ,19 ~'2 Nmary Public E~LEEN 5% LO'~T~ ,,.~ ~ Notary Pub~ic, S~te s~ New ~ NO. 30-46720~ n '~ (This side does not have to be completed on form transmitted to adjoining property owners.} BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o7 the Petition of to the Board of Appeals of the Town of Southold TO: FRANCIS X. CLAPS 2 Ivy Close Forest Hills, N.Y. 11375 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thee intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (~riance~(Special Exception) (Special Permit) (Other) [c±rcle cho£ce] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: R.O.W. off Main Road Orient County Tax Map No. 1000 Section 014 Block 02 Lot 1.10 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: Permit to construct a Gazebo within 100 feet of the Sound Bluff $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article x1 Section 100 - 119.2 [ ] Section 280-A, New York Town Law for approval of access over ri§ht(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. Dated: March 31, 1987 Petitioner// Owners ' Names: Ernest Tarmin Post Office Address 2043 urient, N.x. ii957 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 175 767 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDEO-- NOT FOR !NTERNATIONAL MAIL {See Reverse) SE"TTO, , JC& ×. cm,, I ~STAGE CERTIFIED FEE SPECIAL DELIVERY ~ i RES] RICTED DELIVERY ~ ~ ~iiOW lO ¢VHO~DA!E AND ~, POSfMA~KOR DATE STATE OFNEW YORK) COUNTY OF~K) SS.; ERNEST TARMIN , residing at MAIN ROAD ORIENT, N.Y. 11957 , being duly sworn, deposes and says that on the 2 day of APRIL ,19 87 ., deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of $outhold; that said Notices were mailed at the United States Post Of- fice at ROCKVILLE CENTRE, N.Y. 11570 (certified) (registered) mail. Sworn to befo~ me this c~ day of _ ~ ~19~ Notary Public '- EILEEN U LOW ~ Public e~,- . Ouahfied 46~ . Cemmcss ~ ~ ~assau Coun~ ; that said Notices were mailed to each of said persons by E~est Tarmin (This side does not have to be completed on form transmitted to adjoining property owners.) SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS~ (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action, It is not expected that additional studies, raeearch or other investigations will be undertaken, (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary, (c) If all questions have been answered No it is likely t~mt this project is ~.o% significant. (d) ~uvironmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? , · · · · · · · 2. Will there be a major change to any unique or unusual land form found on the site? · 3. Will project alter or have a large effect on an existing body of water? · · · , , , Will project have a potentially large impac~ on groundwater quality? · 5, Will project significantly effect drainage flow on adjacent sites? 6, Will project affect any threatened or endangered plant or ani.~al species? · , · · · · · 7. Will project result in a major adverse effect on 8, Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? · , · 9, Will project adversely impact any site or struct- ure of historic~ pre-hia~oric~ or paleontological importance or any site designated as a critical environmental area by a local agency? · . . 10. Will project have a major effect on existLng or future recreational opportunities? . . · ll. Will project result in major ~raffic problems or cause a major effect to existing transportation 12. Will proJec~ regularly cause objectionable odors, noise, glare~ vibration, or electrical distUrb- ance as a result of the project's operation? , 13, Will project have any impact on public health or safety? 1L, Will project &fleet the existing community by directly causing a growth Jn permanent pop~a- period o_~ have a major negative effect on the character cf %~.e community or neighborhood?, , 15, Is there pu~c controversy concerning ~he project7 Qwner Yes . Yes Yes x No Yes x No x Yes No Yes X No Yes X No Yes X No Yes X No Yes X No Yes X No Yes x No Yes X No X No X No Yes x No Yes x No To: Re: March 3i~ 1987 Southo!d Town Board of Appeals Rain Road Sou-~hold, }~Y 11971 Appeal Application of . Ernest ~armin Location of l:roperty: . R.O.W. off Main Roadz 'Orient Countu Tax MaD No. 1000 Sect~Qn 01.4 Block 02 Lot 1.10, Zn reference to the New York State Tidal Wetland-~ Land-us Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State. Environmental Conservation Law, please be advised tha~ tl uu]ec~ property iQ the within appeal ap:lzc_,_on. {ph.a._ check ~e box) Ix ] May be located )~ithin 300 feet of tidal wetlands however, constructed along the water-lying edge Of this prope~'ty is a bulkhead in very good ' ~- condition and at least 100 feet in ,length., [ ] May b~ 'located wl~%hln 300 feet of tidal wetlands. however, constructed along the wau~r- v{-~ ' "' ~' in 1~_..= edge of thi~ property is a bulb.ne=(, need of (minor) (major) repairs, and auprT:{imate!v feet in length. ' ' -' [ ] [ ]. May be located within 300 feet of tidal wetlands; however, constr%~cted along tho %;stet-lying edge of this property is a bulkhead less than 100 feet in length. May be loc",ted within 300 feet of tiddi wetlands; and there is no bulkhead or ce --~,,. 'on the premises, n ..... wail e:cis~in -( ! Is not located within 300 feet of tidal wetlands to the best of ~!y knowludcje.* appear to (*) indicate your oromerty jurisdiction of ti:u i;.y.s' D.E.C. Sincerely yours, NOT~: If proposed project falls %;iU~n D.E.C. jurisdiction, auproval must be received and suhmi~' .... ed to our office befoue your a~pIicatlon can be scheduled for a public ~ ~ '{' [~:~arred items fall within the ~ J , ~ , , ' - j AT ~ COMPL~T[~ ~ ~ '~ '_ ~-', , ~ ,'.: ,/ ' . ' , . . : ~, , ' CODES ~ ,,~ ~,~ ~ ~ . .. , : , ,., , ..~ .... , ~ ' ~OR E~ENS~ {A IS ATTRIB~A~E TO ~DILY . ~ ~: ...... ~~ ...... r ~ '~, ~ , , ,, . . , _ . . . ~__ . ~, ~__-- ,., ....:,~,..~ , , . . . . ., . .. ,. . . , .. . . · ... ., ,. .,.,...,~ -.'~'4,/, '~. ' P4h' ~>.. . ' "~/ .... ' ~'~' '-f ~.' ' ' '" ~' , ' ' ' ' '" :L '~ - o , ~ ~ . , - .. ~: . , - ~ ' I~-~ ~ '~ / ' *' 5~. :~~ ~ ~; ~ ,'"'.," , e.., , , ~ ~ , . .,,~r* ~ '~,'', ~ ' ~ ' " I~'' ' ' /,e : ' ' , , u , ' ' ' '1 ,,~$ / ' ~ '* ,~T~ v~l=:_~I ;, ~~~. . , .. .. ': - - /~ , , , ~,~ ~ ~ / ~ ~..~ . 7' ~ ,~coo'~ , ' .... ' ~ 'X.',. ~ *z ~ ' . , * . * * ,*~ "' ' , " ,,, , .... Z; ~ , .,, , ~ C ASSOCIATES 'A I;A " ~o ~,~~ T ~'' 'L ~rKELLER SANDGREN ':'' RESIDENCE FOR: ' ~ ~ ~ ' : ~: ~' ' ~ ' ~' "'" ' ' :ARCHITECTS& PLANNE~ ' MR & MRS ERNEST TARMIN ~' -~- . ," - ' ,,,,~.' ' ~ '-'~""' ' ' ' ' .~ ,,'"' , ,~ ,:,: . ~~ ~:,~. ~:~ ORIENT POINT NEW YORK ' " " " '~ ' ' ", ~