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Home My WebLink About3661Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 366] Application Dated Au§ust ]], ]987 TO: Mr. Ernest Tarmin P.O. Box 2043 Orient, NY 11957 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on September ]0~ ]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 ×I, Section ]00-]]9.2 [ ] Request for Application of ERNEST TARMIN for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct accessory stairs and platform along bluff 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 August 20, 1987 in the Matter of the Application of ERNEST TARMIN under Appeal No. 3661; 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. 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 acces- sory 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 Agricultural Zoning District. 3. By this application, appellant requests permission to locate a proposed stairway extending from from an 8' by 8' square deck/platform at the top of bluff seaward a length of 48 feet, having a setback of not less than 37 feet to the ordinary high water mark of the Long Island Sound. (CONTINUED ON PAGE TWO) DATED: September 10, Form ZB4 (rev. 12/81) 1987. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appl. No. 3661 Matter of ERNEST TARMIN Decision Rendered September 10, 1987 4. Article XI, Section 100-119.2, subparagraph Ail] requires all buildings proposed on lots adjacent to the Long Island Sound to be set back not less than one-hundred (100) feet from the top of the bluff, or 36.2 elevation contour line in this project. 5. It is noted for the record that this property was the subject of a prior variance under Appl. No. 3624 which conditionally granted a gazebo structure and denying the proposed stairs construction due to lack of construction information. 6. For the record, it is noted that there are similar structures located in the immediate area along the Sound bluff. 7. It is the position of this Board that there is no alternative feasible for appellant to pursue other than a variance to gain safe access to the areas below the bluff. 8. It is also the position of this Board that the owner should investigate the feasibility of constructing a "self-sustaining" stairway, suspended on cables, rather than in-ground post construction as a first alternative. 9. For the record, it is also noted that the following permits have been furnished for the record: (a) Town Trustees Wetland Permit #391 with an expiration date of March 26, 1988, (b) N.Y.S.D.E.C. Permit #10-87-0058 with an expiration date of May 31, 1989. 10. In considering this appeal, the Board also finds and determines: (a) the relief requested is substantial in relation to the requirements; (b) the placement of the stairs for access to the beach areas is not unreasonable and will not be detri- mental to adjoining properties or change the character of the district since same is proposed to be constructed in a safe fashion and in such a way to prevent increased erosion, (c) the circumstances of the properties are unique, (d) the practical difficulties are self-imposed, (e) the difficulty cannot 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 noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to GRANT a Variance under the Provisions of Article XI, Section~ll9.2 for the construction of stairs and landing as requested in the Application of Page 3 - Appl. No. 3661 Matter of ERNEST TARMIN Decision Rendered September lO, 1987 ERNEST TARMIN under Appeal No. 3661, SUBJECT TO THE FOLLOW- ING CONDITIONS: 1. The stairs be built in a manner as not to cause additional erosion, and if possible preventing further erosion; 2. If feasible, the stairs be self-sustaining and suspended on cables rather than in-ground post construction. If self-sustaining stairs are not feasible, 4 by 4 upright post construction with proper ground cover and foliage to minimize erosion [See Soil and Water Conservation District and N.Y.S. Department of Environmental Conservation recommenda- tions and conditions.] 3. Stairs and landing not be connected to any other structures (such as a gazebo, fencing, dwelling, etc.) as applied. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, ~IRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE ~-/? ~? HOUR / ~:' ~ Town Clezk, To~m of ~,~ut!,old NOTICE OF ADDITIONAL HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular ~eeting, ~in addition to those previously advertised~ at the Southold Town Hall, Main Road, Southotd, NY on THURSDAY, AUGUST 20, 1987 at the following times: 8:40 p.m~ Appl. No. 3660 - PUDGE CORPORATION. .Special Exception to the Zoning Ordinance, Article VIII~ Section IO0-80(B) for permission to construct "one-story mini-storage'' buildings in this "C-Light'~ Industrial Zoning District at a maximum total height of 15 feet, at variance from Condition No. 8 of the Board's June 30, ig87 determination rendered under App!. No. 3625, and with minimum setbacks (as scaled) on corrected Map dated August 5, 1987~ prepared by John A. Grammas and Associates. Location: E/s Horton Lane, Southpld, County Tax Map Parcel No~ 1000-63-01-10. 8:50 p.m. Appl. No. 3661 - ~.RNES~ TAR~N. Variance to the Zoning Ordinance, ArtiCle XI, Section iuO-11g.2 for 9ermission to construct accessory stairs and p~atform along bluff along the Long island Sound. Location of Property: Rignt-of~w~y~ off the north side of M~in Road~ Orient~ NY; County Tax Map Parcel ~D No.~ 1000-14-2-1]1. ~ Dated: July 27, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski~ Board Secretary Notice to Newspapers: Please publish once, to wit: ~ugust 13th and forward one affidavit of publication to: Board of Appeals, Main Road, Southold~ NY 11971~ Copies of Legal Notice 8/10/87 to: Suffolk Times (personal delivery) L.I. Traveler-Watchman (personal delivery) Town Clerk Bulletin Board Mr. James L. GraY, Sr. Mr. Ernest Tarmin ZBA TOWN OF SOUTiIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE'ihat your application &i/ed ...~.~ .-55'. ~rt~ .~ ...... , 19 .'~..~. for pemlit to construct...o~..~.~. ~ ........................ : .................... at County Tax Map No. 1000 Section . .'., .~.t. ~ ..... ilk)ok ..... O. ~ ..... Lot .. }: .~.0 ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on tI~e following grounds. ~ ~ '~ ~ ....... ......... Buikling Inspector RV ~I8~ TOWN OF $OUTHOLD, NL~V YORK DEOSION OP BUILDING NSPECTOR APPEAL NO. DAT ...... TO THE ZONI.NG BOARD Of APPEALS, TOWN OF SOUTHOLD, N. Y. FmNESZ ~ARZ~Z~ ~f ~.o: ~ox 2043 1, (We) ............. ~ ................................................................................................................................. Ndme of Appellon~ Street and Numar .... .O..R,?,~.~. ~ ..,.: .............. Municipality ......... H.'.Z.~ ........... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... ~VHEREBY THE BUILDING INSPECTOR DENIED TO ERNEST ZARMIN Nome of Applicant for permit of BOX 2043 ORIENT NEW YORK 11957 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1 LOCATION OF THE PROPERTY RIGNT-OF-WAY .OFF TEE NORTH SIDE OF MAIN ROAD, ORIENT ..................... District 1000 Section ]4 Block 2 Lot 2.2o~ , ............................... turren~ Owner ERNEST Z',~RMIN Map No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Section 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) , frz)A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Tows'Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appea! No ................................. Dated ...................................................................... ( ) (zz) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that FOR PE~ISSION TO CONSTRUCT PLATFORM AND STAIRS FROM BLUFF EDGE TO BEACH° l~orzn Zl~l (Continue on other side) REASON FOR APPEAL Continued 1, STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because I WOULD NOT HAVE ACCESS TO THE BEACH WITNOUT CONSTRUCTION OF THE STAIRS° 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 beoause 3. The Variance would observe the spirit of the Ordinance and WOULD CHARACTER OF THE DISTRICT because THE STAIRS WOULD NOT BE VISABLE FROM THE PROPERTY O~ THE TWO ADJACENT NEIGHBORS. NOT CHANGE THE STATE OF NEW YORK ) COUNTY OF~'~'~'~¢/I ss Sworn to this ................................ ~..~.'. ....... day of ......................................... ............ ........................... : ....................... ::.! .:':~"/,~,... " 4 OWNER STREET VILLAGE FORMER OWNER RES. LAND iTiilc~ble Wo~dlond Meadowland SEAS. IMP. House Plot S TOTAL FARM DATE CARD Tota~ E W TYPE OF BUILDING LOT "_,.~_ BULKHF~D COMM. CB. MICS. Mkt. Value REMARKS L~_L...,c~,,z.,z--.,.cz~ ~o~'~eo,~ ro ~.-6~,.~:$_~.cz. P~,r, ch -'~--' D~ck Breezeway Garace Foundation Basement Pood Patio Driveway Interior Finish Heat Bath Floors Attic Rooms Ist Floor Rooms 2nd FloOr AT ON/ENT TOWN OF $OUTHOLD SUFFOLK CouNTY, NE~V YOR~ ~ COPt~S ~ ~S ~UR.~- NGUARAHTEES IN~I~TED $U~EY ~5 pREpAR[D SCALE: / = 200 ' No. 84 - 2~ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK I~ICHAEL A. LOGRANDE eUFFOLK COUNTY EXECUTIVE 360-5513 LEE E, KOPPELMAN DIRECTOR OF PLANNING September 25, 1987 Town of Southold Zoning Board of Appeals Applicant: Ernest Tarmin Mun. File No.: 3661 S.C.P.D. File No.: SD-87-18A 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 Con~nission 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: Subject to the inclusion of appropriate mitigating measures to preserve the integrity of the bluff and assuming no nearby community bluff stairway beach access is available or can be provided as an atlernative. Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE. LI.. NEW YORK 11788 (516) 360-5192 APPEALS BOARD MEMBERS GERARD P GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J DOUGLASS JOSEPH H. SAWlCKI Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 [ELEPHONE (5/6) 765 1809 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: × Variance from the Zoning Code, Article ×z , Section 100-119.2 Variance from Determination of Southold Town Building inspector Special Exception, Article , Section Special Permit Appeal No.: 3661 Applicant: Hr. Ernest ?arm±n Location of Affected Land: RO~ off north s±de of Ma±n Rd., Or±ent, NY County Tax Map Item No.: 1000- 14-2-l.1 Within 500 feet of: Town or Village Boundary Line x Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land or Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct accesso~z stairs and platform along bluff along Long Island Sound. Copies of Town file and related docum~]n[s (~nclosed for your Dated: Sept. 18, 1987 X~~Xx~x~x&~k~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE {516) 765-1809 September 15, 1987 Mr. Ernest Tarmin P.O. Box 2043 Orient, NY 11957 Re: Appl. No. 3661 (Variance) 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 or that of the questions. not hesitate to call either our office (765-1809) Building Inspector (765-1802) if you have any Yours very truly, Enclosure Copy of Decision to: Building Department Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Commission TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, AUGUST 20, 1987 Appl. No. 3661 Applicant)s): ERNEST TARMIN Location of Property: N/s Main Road, Orient County Tax Map ID No. 1000-/~ 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 8:57 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the sketch of the plans indi- cating the type and nature of the construction of the stair§. And I have a copy of the Suffolk County Tax Map indicating this and surround- ing properties in the area. Mr. Tarmin available? How do you do sir. Could you use the mike if you would. Is there anything you'd like to add to the application? MR. TARMIN: No. I came should there be any questions from the Board regarding the construction. CHAIRMAn4 GOEHRINGER: My question to you; would there be any light~ that would be obtrusive to the neighbors on this? MR. TARMIN: No. CHAIRMAN GOEHRINGER: Would you be using this at night? Any spot- lights or anything? MR. TARMIN: There's no electric down to that. CHAIRMAN GOEHRINGER: Mr. Douglass, did you have a specific question concerning this applicant in the construction of the stairs? MR. DOUGLASS: In the drawing that they show where they propose'to build'the stairs, my question is; you've got a gully going already there where you walk down it and it's washed through. You build a berm to stop it, a little berm. How are you going to set these posts in that bank as steep as it is without opening yourself to a considerable greater washout? Public Hea~ing - Southold Town Board of Appeals MR. TARMIN: Well, the D.E.C. made two visits to the job site and they did advise me on what plantings tO put in during t~e construc- tion. And ~hey asked me to submit a.~plaq on the plantings which I believe you have a copy of. So during the construction, w'ere going to first put them into concrete which I believe is very unusual since none of my n~ighbors have done that. Secondly; we'r~ going to do ex- tensive plantings to avoid any of the erosion. The erosion that s~d- denly did occur about a year and a half ago during a very heavy rain- storm which I think it was about three inches of rain. It just trickled down and caused that to occur. MR. DOUGLASS: It doesn't take much. MR. TARMIN: No. But that was because there wasn't any plantings on the front or the top edge of the bluff. DOUGLASS: Did you ever, I just throw it out as a question, conside~ a free spand stairway down there? MR. TARMIN: Without any posts or without burying any? I don't know if that'could be done. It's abo6t 35 feet. MR. DOUGLASS: It could very easily be done with two cables. MR. TARMIN: Oh, you mean like a cable... MR. DOUGLASS: Like a Bridge. MR. TARMIN: Going down. MR. DOUGLASS: And you don't have to touch the bluff at all. MR. TARMIN: Well, you'd have to suspend the... MR. DOUGLASS: You'd suspend it on the cable. MR. TARMIN: On the edge of the walk. MR. DOUGLASS: You'd put two posts up behind where you've got the berm. You'd have two (probably) 11 inch piles there an~-down below. MR. TARMIN: I-w~uld have~t0~..i d6n~t know what the cost of that would. be. I do have the construction company who is giving me the sketches that I submitted. They gave me the cost to building this existing one. MR. DOUGLASS: It might be cheaper than this. MR. TARMIN: Yes, possibly. I can investigate it but I don't know. I've never seen that. I've seen .... MR. DOUGLASS: I've seen them. Page 3 - August 2~1987 Public Hearing - ET~hest Tarmin Southold Town Board of Appeals MR. TARMIN: Are they available for me to see them here in this area? MR. DOUGLASS: No. I don't know if~he~'ve tried it here. MR. TARMIN: Well, I don't know. I'm open to any type of suggestion. MR. DOUGLASS: But you have such a... Your incline is of such steep- ness, that it would be very easy to work. MR. TARMIN: I'm available to look at it as long as the cost is equal or .... I'm just going by what all the rest of the people. I've looked at from the Sunset Motel all the way out. I walked the beach and I took photographs of various types; at a lower, steeper and etc. This is basically what we came up with. They're putting it in concrete for longeviety. MR. DOUGLASS: Did you see what happened to the one in Browns Hill? MR. TARMIN: No I haven't. The same situation? MR. DOUGLASS: And it gullyed, and gullyed, and gullyed and it's now filled with rocks and they've abandoned it. I use to repair that every year. MR. TARMIN:- It's a private home? MR. DOUGLASS: No. It's for the development. MR. TARMIN: The entire development. Well, I'm open to whatever the Board would suggest I do. I asked the question prior to submitting the plans and I was told that there wasn't any recommendation on the construction from an engineering p6int of view. CHAIRMAN GOEHRINGER: We can't make the offer actually. Whatever you want to do and as long as it doesn't cause a tremendous environmental hazard. MR. TA~IN: Right. If you see the home and you see the grounds and what I've done to it, I'm not... There's quite a bit invested in this property. CHAIRFLAN GOEHRINGER: It's a magnificent house sir. magnificent. It's absolutely MR. TARMIN: I'm trying to do the best to improve the area. What- ever stairs are recommended, I will abide by the Board's decision. CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Questions from Board members? Hearing no further questions, I'll make a motion closing the hearing reserving decision until later. Thank you for coming in. Ail in favor - AYE. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 13971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS August 20, 1987 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S . E o Q . R . A . SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRON~ENTAL DECI,At~ATION JOSEPH H. SAWICKI Notice of Determination of Non-Sicjnificance APPEAL NO.:3661 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 de~ermines 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 accessory stairs and platform along bluff along Long Island Sound LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Right-of-way off the north side of Main Road, Orient, NY 1000-14-2-1.1 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) 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 may be considered wetlands. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, Secretary, Scuthold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc ~Ou~b ~ANY~ 5'TA\1~% l/1// TOWN OF SOUTHOLD BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK WETLANDS PERMIT This Wetlands Permit No.....3..9..1. ........... has been granted by the Town Trustees according to information furnished in Application No.....................488 filed by Applicant ....,......Ernest ..~,~;mJ.n.,. ....... ........................................ on .~.a.5.u..a. E7....t..5.* ........ 19..8-6. ..... A map of the proposed work will be kept on file in the Trustee Office under the application number given. To construct stairs f~om the bluff to Permit granted to do the following'work ............................................................... _. ................................ the beach and to install a Gazebo 50 ft. from the edge of the bluff.' Location of property on which work +- ho a~,a North side of Main Road,. Or.ig~J;~ ...... Creek, Bay or Harbor fronting property .... .L.o_n.j~...I..s_l..a..n..d....S_o_u..n_d. ............ ~ .............................................. Size of work: Length ...... ,4,,8,,,,~t,,,~ ........................................................................................................... Width 36 - 42 inches Height Above High Water ...... .2.,0...~,t.: ........................................................................... Depth Below L~w Water ..... yards to be Excavated ..................................................................................................... Yards to be Filled Manner in which material is to be removed or deposited .................................................... ; ................... Private Intended use of property ........................................................................................................................ Conditions if any ............................ March 26, 1988 if work has D.q~ .~.q~.mence.~ ~. ~a%~ d. aJ'e.o . ~xpkadom Date ........................................................................... X ............................. Number of Inspections Required ..~2~f,~!~..~!,~..~2..P~..~!~..~..~.~..~.~l~.~.~.~..~% .... the work. Inspection Fees ...... ~.[9.:.~.P.. ~.~J ................................................................................. LiabiLity Policies in the Amount of ..... ,~7.7..~ZT. 7,7,7.7. Y.Y. 7. T. 7.7.7.ZT.7.7,7.;;;zz:..; ....................................... The validity of this permit is or may be subject to the approval of other governmental or municipa authorities. The Town accepts no responsibility in applying for or obtaining such approval, In th~ even[ that such approval is necessary, the holder of this permit shall not commence operations here under until such approval has been obtained in writing, The failure to obtain such other approval whet required shall subject this permit to. immediate revocation by the Trustees upon receipt by th~ Trustees- of written notice from such other governmental or municipal authorities of its refusal o disapproval, The applicant does by the acceptance of this permit, assume all responsibility for operations under- taken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the applicant also agrees to indemni- fy and save harmless the Town, and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of applicant, his agent and employees. The applicant and the owner and occupants of the premises upon which the operations authorized by ~is permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and its officers and employees to enter upon the premises where such operations are being conducted to make such inspections as the Town may deem necessary to insure that such operations are being con- ducted in conformity with this permit. . This operation will not substantially: A. Adversely affect the wetlands of the town. B. Cause damage from erosion, turbidity or siltation. C. Cause saltwater intrusion into the fresh water resources of the town. D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege- tation or the natural habitat thereof. E. Increase the danger of flood and storm-tide damage. F. Adversely affect navigation on tidal waters or the tidal flow of the'tidal waters of the town. G. Change the course of any channel or the natural movement or flow of any waters. H. Weaken or undermine the lateral support of other lands in the vicinity. I. Otherwise adversely affect the health, safety and general welfare of the people of the town. ........... - ..... - Ernest Tarmln PO Box 2043 Orient, N.Y. June 22, 1987 11957 SOUTHOLD TOWN BOARD OF APPEALS Main Road - State Road 25 Sothold, L.I., N.Y. 11971 Attn: Linda Kowalski RE?: Appeal No. 3624 Dear Mr4 Kowalski: Regarding the subject, please find enclosed permit and set of correspondence from New York State Department of Environmental Conservation. Please note that DEC has authorized activity for construction of stairs on face of bluff. Construction of gazebo is out of DEC jurisdiction. Awaiting the boards reply, in the meantime I am avialable for any additional information that may be required. You,.rs trui~ E. 7'armin New York State Depa~mento~Environ,,~ntaJCon~e~ation.-- Regulatory ,Affairs Unit Stony Brook, NY (516) 751-7900 June 1, 1987 Ernest Tarmi n ~.. ~ox 2~143 Orient, NY 11957 Re: 10-87-0058 Dear Mr. Tarmi n: 2n conformanoe with the.equ_.emen.s ~ ~ ~ of the State Uniform Procedures Act '''~'~' . ~s implementing reco~st~ons (6NY~R.~, Part 621) we are enclosin~ your permit. Please read a~l conditions carefully, if you are unable.to comply with any conditions, please contact us at the above address.. Also enclosed is a permi~ sign which is ~o be conspicuously posted a= =he project site and pro~ected from ~he weather. Very truly yours, Robe~ N. Thurbe~ Senior Envi~onmenta3 An~ys[ enclosure New York State Department of Environmental Conservation The Dep~.rtment of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted on this site. For further informa- tion regarding the nature and extent of work approved and any Permit No. Departmental conditions on it, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Regional Permit Administrator Expiration Date NOTE: This notice is not a permit 10-87-0058 F^CILI FYJPROGRAM NUMgER{S) N/A PERMIT Under the Environmental Conservation Law I Article 15, Title 3; 6NYCRR 327, ] 328, 329: Aquatic Pesticides i Article 15, Title 5: __, Protection of Water ~ ArtMe 15, Title 15: I Water Suppty r---i Article 15, Title 15: I Water Transport Article 15, Title 15: ___ Long Island Wells ', Articte 15, Title 27: j Wild, Scenic and Recreational Rivers 6NYCRR 608: Water Ouality Certification Article 17, Titles 7, 8: SPDES Article 19: Air Pollution Control* A~ticle 23, Title 27: Mined Land Reclanla~ion i --l A~ticle 24: [ ] Freshwater Wetlands N--New, R--Renewal, M--Modification, C--Construct (*only), O--Operate (*only) EFFECTIVE DATE 6/1/87 EXPIRATION DATE[s) 5/31/89 Article 25: Tidal Wetlands N Article 27, Title 7; 6NYCRR 360: Solid Waste Management* Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management I Article 34: __ Coastal Erosion Management -- Adicle 36: __ Floodplain Management Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control Ernest n P.~. Box ~i~43, Orient, NY 11957 Long Island Sound on 1o with SCFM ~ 16~0-14-2-1.I0 I ~C^ [iON OF PROJECT/FACILll YOrient · 11 COUNTY Suffolk Southold TOWN ¥~A'k~g'~ UTM COORDINATES' DESCRIPiION ¢)F AUTHORIZED ACTIVITY , Construct stairs with ]and~ng down face of bluff and make plantings to stabilize'bluff. , (Construction of gazebo landward of crest of bluff is out of DEC jurisdiction). All ~work tc be in accordance with attached plans (3 pages) approved by NYSDEC. By acceptance of this perndt, the permittee agrees that tee permit is contingent upon strict compli- ance with the ECL, all applicable regulations and the conditions specified herein or attached hereto. ~ ~/¢yUA~CE.ATE . ~~lY~r ~l~q. ~u SUNY ~. 2~9 Stony Brook, NY 117~4 cc: C,T, Hamilton ADDITIONAL GENERAL CONDITIONS FOR That if future operations by the State of New York require an al- teration in the position of the structure or work herein authorized, or if, in th~' opimon of the Department of Environmental Copservation · it shall cause unreasonable obstruction to the free 6avigation of sa~d waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, qbstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be cpm- pieced, the owners, shaII, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to it5 former condition the navigable and flood capacity of the watercourse. No claim si~ail be made against the State of New York on account of any such removal or alteration i'I] hat the State of New York shall in no case be iii~bie ior any damage or iniury to the structure or work herein authorized which n lay be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such dama~.e, 12 Granting of this permit does not reheve the applicant of the responsi- bility of obtaining any other permission, consent or approval from the U,S. Army Corps of Engineers, U.S Coast Guard, New York State Office of General Services or local government which may be required. 13. Ali necessary precautions shall be taken to preclude contamiflation of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatinRs, pair, ts, concrete, [eachate or any other enwronmentaJ[y deleterious materials associated with the prolect 14 Any material dredRed in the prosecution of the work herein permitted shall be ren~oved evenly, w~thout leaving large refuse piles, r~dges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway 15 Thereshall be no unreasonable inter~erence with navigation by the work herein authorized 16 If upon the expiration or revocation of this permit, t he project hereby authorized has not been compieted, the applicant shall without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any port,on of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 17 If gr~nled under Article 36. this permit does not signify In any way Such apqrovedpJans were prepa.red by . Ke~lar-Sandclreen no date) & Tarm~n submitS:ed 5/7/87 SPECIAL CONDITIONS 1. All plantings are to be a minimum of 2' centers, SupplementarySpecial Conditions (A) through (J) attached. 10-87-0058 PROGRAM/FACiLITY NUMBER I N/A [ Page ~ of 3 SUPPLEMtl?fARY SPECIAL COk~OITIONS -- The following conditions apply to all permits: '- A. If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address and tef~ephone noted below. B. A copy of this permit or approval and supplementary conditions shall he available at the project site whenever authorized work is in progress. C. The permit sikh enclosed with the permit or a copy of letter of approval shall be protected from the weather and posted in a conspiciuus location au the work'site until completion of authorized work. D. At least 48 hours prior te co~m~encemcnt of the project, ~he permittee shall complete and return the top portion of the enclosed receipt form certifying that he is fully aware of and understands all provisions and conditions of this permit. Within one week of completion of the permitted work, the bottom portion of that form shall also be completed and returned. E. For projedts involving activities to be accomplished over ~ period or more than one year, 'the pe_--~it:ee shall notify the Regional Permit Administrator in writing at least 48 hours to the commencement of resumption of work each y ear. P. If project design modi~iaations take place after permit issuance, the permi=tee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require subv mission of a new application for permit. G. All necessary precautions shall be taken to preclude contamination of any wetlands or wate~ay by suspended solids, sediment~ fuels, solvents, iubrica=ts, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. E. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in'wriuingt shall be treated as a violation of ~he Environ:mental Conservation LaW- I. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, ~ District, 26 Federal Plaza, New York, NY 10278, (A~tention: Regulator~' ~unctions Branch), prior :o commencement of work authorized herein. j. The granting of fbi's permit does not relieve the permittee of the resoonsibi!Iry of obtaining a grant, eas~mnt, or ouher necessary approval fro~ =he Division of Land utilized'ion, Office of General Se_--~ices, lower Building, Empir~ State Plaza, Albany, h~ 12242, which may be required for any encroachmem~ upo~ Sta~e-owned lands under water. Regional Perm/t Administrator h~S Dept. of Environmental Conservation Bldg. 40, SU}5'--Room 219 Ston~ Brook: h~ 11794 (516) 751-7900 10-87-0058 Page 3 of 3 8~YSD£C ??ROV£D NOTICE OF ADDITIONAL ~ HEARINGS ~-' NOTICE IS HEREBY GIVEN, pursuant to Section 267 - of the Town Law and the Code of the Town of Southold, the follow- ing hearings will be held by the ~OUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, in addition to those previously advertised, at the Seuthold Town Hall, Main Road, ~ NY on THURSDAY, AtlG~ ~, l~? at the follow- : '~- lag times: ~ &40 p.m. Ap!ol. No. 3660 - PUDGE CORPORATION. Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B} for permission to con-/ struct one-story m n -storage buildings in this "C-Light' In- dustrial Zoning District at a maximum total height of 15 feet, at variance from Condition No. 8 of the Board's June 30, 1987 determination rendered under Appl. No. 3625, and with minimum ~etbacks (as scaled) on corrected Map dated August 5, 1987, prepared by John A. Grammas and Associates. L~ca- tion: E/s Horton Lane~ Southold, County Tax Map Parcel No. 1000-63-01-10. p.m. Appl. No. 3661 -~ ERNEST TARMIN. Variance [ ~to the Zoning Ordinance, Article ~ ~I, Section 100-119.2 for permis- ] sion to construct accessory stairs and platform along bluff along] the Long Island Sound. Location Ik~ of Property: R/ght-of-way offthe north side of Main Road, Orient,r NY; County Tax Map Parcel ID[ No. 1000-14-2-1.1. ! Dated: July 27, 1987. BY ORDER~OF THE SOUT~3]LD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN Linde Kowalski, STATE OF NEW YORK } SS: COUNTY OF SUFFOLK } Gerry Paglia~o of Greenport, in said County, being duly sworn, says that he/she ia Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Graenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed ia a printed copy, has bean regularly publish~.d in said Newspaper once each weak for weeks successively, commencing on the '13 dayof August 19 87 COUNTY OF SUFFOLK ss: STATE OF NEW YORK . ~DDITIONAL' NOTICE IS ~I~B¥ GIV- EN, pu~uant t~.~ion 267 of the Towh ~w ~ tile C~e of the ~wn of S~old, th~ followi~ he~in~wili~ ~ the ~ ~S at a Regular M~t~, in addition to tho~ p~iously advertise, at the Southold Town Hall, M~n Road, Southold, NY on THURSDAY~ AUGUST 20, 1987 at ~he following times: 8:~ p.m. AppL No. Spe~al Exc~tion to the ~mng O~inan~ ~ticle VIII, ~tion 1~8~B) for ~rmi~ion to con- stru~ "One-story mini-storage" buildings in th~s "C-Light" In- dustrial ~ning District at a m~imum total height of 15 f~t, at v~i~ce from Condition No. 8 of the Board's June 30, 1987 determination rende~d under Appl. No. 3625, and wi~ minimum setbacks (as scaled) on correct~ Map dated Augu~ 5, 1987, prep~d ~ John A. Grammas ' and Associates. Location: E/S Horton Lane, Southold, County ~x Map ~rcel No. 1~-63~1-10. ~:50 p.m. Appl. No. 3~I- ~RNEST TARMIN. Varian~ to t~e ~ning Ordinance, Article XI, S~tion 1~:119.2 for per- mission to construct accessor~ stairs and platform along blu{ along the ~ng Island Sound ~c~ion of P~pe~y: Right-of- way off the north side of Main Road, Orient, NY; County ~x Map . Parcel ID No.1~-14-2-1.1. Dated: July 27, 1987 ~ BY ORDER OF THE SOUTHOLD ~WN BOARD OF APPEALS GERARD P. GOEHR1NGER, CHAIRMAN Linda Kowalski, Board S~retary 1T-8/13/87(38) Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for .................... ?. ..... weeks successively, commencing on the ........ ~/.~.. ~. ........ day ~.b~...Y~W.. .... 19. ~.~. ~--~ _ _. .... Sworn to before me this // f/ day of Notary Public Southold Town Board of Appeals '~ N 09 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAW]CKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. 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 free to call our office, 765-1809. Yours_ very tr~ul~ ~, j G'ERARD P. GOEHRINGER ~ CHAIRMAN Linda Kowalski · . Secretary and Board Clerk Enclosure Southold Town Board of Appeals MAIN ROAD- ~TATE ROAD 25 SOUTHOLD. L.I., N.Y. 11971 IEIEPttONE {516} 765 1B09 APPEALS BOARD MEMBERS CERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SEIRGE DOYEN. JR. I~OBERT J DOUGLASS JOSEPH H. SAWlCKI August 10, 1987 To: Suffolk Times, Inc. Main Street Greenport, NY 11944 L.I. Traveler-Watchman, Traveler Street Southold, NY l1971 Inc. Re: Notice of Additional Hearings Publication August 13th Ladies: Please publish the attached single-sheet Legal Notice on Thursday, August 13th, and return one affidavit of publication together with your voucher for payment. Thank you for your assistance. Yours very truly, Linda Kowalski Board Secretary Enclosure JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATIST[CS TO: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3661 , 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. Southold Town Clerk Ernest Tarmin P.O. Box 2043 Main Road Orient, New York April 27, 1987 11957 SOUTHOLD TOWN BOARD OF APPEALS Main Road - State Road 25 Southold, New York 11971 REF: Application for stairs to beach and gazebo Gentlemen: Reference to the subject, please find enclosed sketch of proposed stairs from top of bluff to beach. I confirm that distance from edge of bluff to edge of gazebo will be 50 feet. Both platform for stairs and gazebo have been staked and marked for your inspection. Should any additional be required, please contact me at my office (516) 536-3443. Thank you. Sincerel y, ET:mem Enc. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' 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 torequest~ (Special Exception) (Special Permit) (Other) [circle choice] TO CONSTRUCT PLATFORM AND STAIRS FROM BLUFF EDGE TO BEACH ). 2. That the property which is the subject of the Petition is located adjacent 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: That by such Petition, the undersigned will request the following relief: PERMISSION TO CONb~TRUCT STAIRS FROM BLUFF EDGE TO BEACH ~ the I~'ovisions of the Southold Town Zoning Code applicable to the relief sought by the under- Secac~c~. 700-779.2 ~Secttoa'~80-R, New York Town Law for approval of access over right(s)-of-way. ~&. Th~ Wt~hin fi~e days from the date hereof, a written Petition requesting the relief specified above will filed in t~ae Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine ~he same during regular office hours. (5'16) 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 hearir~ 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 ' Nam ERNEST TARMIN Post Office Address 2043 ORIRNT~ N.Y. 11957 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS P 309 175 76g RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVI~:.D- NOT FOR INTERNATIONAL Mail (See Reverse) PO~TMAR~ OR ¢~T~' STATE OF NEW YORK ) COUNTY OF ~FI~'~ ~K,)/ ss.: /ffA/~, /~)- / /f'~ .~ , being duly sworn, deposes and says that on the ~ day of ' .Z~'~..w/"~ voft~ '1 9h~' dep°nent mailed a true c°py °f the N°tice set f°rth °n the re' verse side hereof, directed to each ove-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/~ssessmept roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ./~- t-~ ~ / /u .~, ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to befo. I;e me this /62 . / day of ~. ~ ,19<{7 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) IN)ARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' the Petition of to the Board of Aoeeals 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. That~ intention of the undersi§ned to petition the Board of Appeals of the Town of Southold torequest a ~ (Special Exception) (Special Permit) (Other) [circle choice] TO CONSTRUCT PI~&TFORM AND STAIRS FROM BLUFF EDGE TO BEACH ). 2. That the property which is the subject of the Petition is located adjacent 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: PERMISSION TO CONSTRUCT STAIRS FROM BLUFF EDGE TO BEACH $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article XI .~tica~ 100-119.2 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That Withi:n 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 ma)' then and there examine the same durin~ 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 eotice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times amd ~ ~be Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southotd and de~gea~ed for the publication of such notices; that you or your representative have the right to appear and :be taeaf~at soch hearing. Dated: AUGUST 10, 1987. . Petitij~ner Owners' Names: Post Office Address ERNEST TARMIN 2043 ORIENT, N.Y. 11957 NAME PROOF OF MAILING OF NOTlC~I= ATTACH CERTIFIED MAIL RECEIPTS ADD.____RESS P 309 175 771 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVID£D-- NOT FOR iNTERNATiONAL MAIL (See Reverse) STREET ANDNO CERTIFIED FEE SPECIAL DELIVERY RESTRICTED DELIVERY SHOW TO WHOM AND ~q~ , ~'~ ' ~/~ , being duly sworn, depo~ and says that on the day of ' ~J~ ' ,19~ , deponem mailed a true copy of the Notice set f~th on the re- ve~ side hereof, directed to each of the above-named pe~ons at the address ~t opposite ~h~r r~ctive name; that the addresses set opposite the names of ~id persons are the address of said persons as shown on the curren~s~nt roll of the Town of Southold; that said Notic~ were mailed at the United Stat~ Post Of- rice at ~u~ ~ / ~ '~ - ; that said Notic~ were mailed ~o each of said persons by (certified) (registered) mail. v Sworn to before me this /c~ day of _ f"~.c.a'_ , ,1~ ~ Notary Public ry PUblic, ~bes .- .Ooun~ ~ri130, 1988 (This side does not have to be completed on form transmitted to adjoining property owners.) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ . .--~,.~..a..o.,t .~ ....................... {~ ' .... g,~.. ·...~..M, · .t J.~.~.-.7 ........... PLEASE TAKE NOTICE,.~____'that your application dated ......... .'~.~~ ~ ....... 19 .~. ~.. f°r permit t° c°nstruct ' ' '~' ' '~'~'~' 'x,~ ?.V~-- ..... ................... ~ ' '.~' ~ ................at Location o f Property '~o'~'s'~ .~;~o.....~..~..~.~.~...'..l~.:... ~}/e~r' '~' ~ ............. /t~;,3,k4' County Tax Map No. 1000 Section . .'...O.I..q. .... Block ..... O. ~ ..... Lot .. ): .I.O. ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds . .~}¢-~?~,~. ~ll g.,~.~., l.'~.."7. ~..-o~.-...x .,~,~... ~.. ~.~ '. ~. q..~.,-. ~..~.~. Buikling Inspector RV 1/80 ,SIIOI]T EN, VIF~OrlHENTAL ~:;fN;,';:',.~'FF FOI04 ~roparor will u~ currently available info~x~t~on concoz'ntnz tho proJqc~ and tho or other lnvesti~ation$ w~ be ~dortaleon, (b) l~ any question baa boon ano~or~,d 'fc:~ Om proJec~ r~y Lo :~l~:nlflcon~ and a completed Envlro~ental Asooaoman: Fol~ la nuccuaai7. (¢) IC all quoo~iona have been anawered I1o It la likely ~ th!:; pro],.ct in (d) ~avironmentnl Aannnnment l. Will project ro$,,lt 2n a lnFge phyulcal clu~ngo to tho project site or physically niter more than 10 aetna of land? , , ........ 2, Will thoro bo n major change to any ,miquo o~ unuauul land form found on tho alto? ], Will ~roject alter ,or have o lar&o uffoct on an oxlutln~ body of water? , , . . W~ll project have a potentially largo lmpacb on grey,water quality? , , , , , . . , . . J, W~i proJec~ ui~tflcantly off~ct draina~,o 6. Will project affoc~ any tl~oa~un,.I 'or endangered '-plant or ertL%al apccica? . . , .... . 7. W~i pro3ue~ reu~ in a ~rajar .dwu':m of fi:ct on air qualXty? , , , , ..... 8, W~i pro~ec: havo'a umJor effect cn vtmml chur.- ~c:er of tho coe.~unl:y or $cenlc view~ kno~ to bo L~por:an: :o tho co;:~unity? , , , 9. Will projoc~ advoruoly impact any $1t,~ or :~truct.. ufo of hl~oric~ pro-hi~corlc, or {mluontologlcut importance or any sito do~ignn~ed a:; a critical onvtronmun~l urea by a local ai{uncy? . . , 10. W~i proJuct have a ~Jor effect on future recreational opport~tuina? . . Will project result. In ~aJo:- traffic problcmn 12. Will Fro3OcG rog%~arly cau[;o objectionable anco aG a ro$~ Of ~he proJect'u cpuration? . Will proJoc~ have any impact on public health or 'oty? Will proJoc~ ~,ffoct tho uxluttu{: comm,.ilz7 by ~20~ el' ~OYO thB~ ~ {)ol'C{:n~ O'.,of a cnc.-yoHl. ~5. I~ there public CO{]%{'OVUl'tly COI~('~]~IX{;,~ / ~ Yr:: ,M UO '_[~UESTIONNA[RE TO BE COHPLETED ArID SUBr. IITTED WITH YOUR APPLICATION FORI,1S TO TilE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals, to change, or alter land contours? Yes ~/' 2.a) *b) 3. Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by ~<x.. 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? ' Yes e Are the~e any existing or proposed fences, concrete barriers, decks, etc? 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 level? State total: ft. ' Yes Yes 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 9. Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): lO. 11. 12' Planning. Board Town Board Town Trustees County Health Department Village' Of Greenport N.Y.S.D.E.C. Other Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale.(from contract). Is new construction proposed in the area of contours at 5 feet or less as exists? ~- If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made 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 subject Property at this time ~O~C~(, and proposed *Please submit photographs for ~'he record. I certify that the above statements are true reliance by the Board Sig~/~u~ (~roperty Owner) (Authorized ~enc) the Yes ~ Yes ~ Yes ~ Yes ~ Yes ~ Yes Yes ~K Yes ~/ Yes ~/~ and are being submitted of Appeals in considering my application. for 3/~, ~7 lk · C § 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 intermittently cov- ered with, or which border on, tidal waters, erqands lying beneath tidal waters, which at mcan Iow tide are covered by tidal water~ to a maximum depth of five (5) feet, including but not limited ta banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of .tile following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and Iow march cordgrass; and/or (3) All land immediately adjacent to a thlal Wetland as defined ill Subsection Al2) and lying within seven- ty-five (75) feet landward of the m.~t lamlward edge of such a tidal wetland. FREStlWATER WETLANDS: (1) "Freshwater wctlamls" as defined in Article 24. Ti- tle 1. § 2-1-0107. Subdivisions l(a) to l(d) inclusive. of thc Environmcnt~d Conservation Law of ~he State of New York: and (2) All land immediately adjacent to a "freshwater wet- land," as defined iu Subsection BiD ami lying with- in seventy-five (75) feet laodward of tile most laad- ward edge of a "fl'eshwater wetland." 9705