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HomeMy WebLinkAbout3679 Southold Town Board o£Appeals MAIN ROAD-STATE RnAD 25 SDUTHI3LD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3679 Application Dated 0ct0ber 2, ]987 TO: Mr. John Bertani, as Agent for MR. AND MRS. ROBERT SCHISSEL 1380 Oakwood Drive Southold, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on November ]8, ]987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article XI , Section 100-]]9.2 [ ] Request for Application of ROBERT AND DOLORES SCHISSEL for a Vari&nce for permission to construct open-deck addition with an insufficient setback from nearest wetlands per Article XI, Section 100-119.2 Location of Property: 710 West Shore Drive, reydon Shores Map, Lot 9 and part of 8, Southold, NY; County Tax Map Parcel No. 1000-80-1-46. WHEREAS~ a public hearing was held and concluded on Novem- ber lO, 1987 in the Matter of the Application of ROBERT AND DOLORES SCHISSEL; 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 locate~ in the "A" Residential Zoning District and is more particularly identified as shown on the Suffolk County Tax Maps, District 1000, Section 80, Block 1, Lot 46, and referred to as Lots 9 and part of 8, Map of Reydon Shores, at Southold~ Block B, Map No. 631 of September 11, 1929. 2. The subject premises is improved a single-family, 1½-story frame dwelling with attached garage as shown on survey prepared by Otto W. VanTuyl dated lastly September 17, 1987 with setbacks at 63± feet from the front property line along West Shore Drive, closest setback at the west side at 6.2 feet, (CONTINUED ON PAGE TWO) DATED: December 5, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS ~ '~ge 2 Appl. No. 3679 Matter of ROBERT AND DOLORES SCHISSEL Decision Rendered November 18, 1987 at the east side at 22 feet, and 68± feet. The subject premises sq. ft. from the existing bulkhead at contains a total area of 10,890 3. By this application, appellants request a Variance from the Provisions of Article XI, Section 100-119.2(B) for the proposed construction of a 15' by 26.6 deck addition at the rear of the existing dwelling reducing the setback from the existing bulkhead from 68 feet to 53 feet. The rear property line is shown to be seaward of the existing bulkhead. 4. Article XI, Section lO0-119.2(B) requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. 5. For the record it is noted that the dwelling to the west appears closer than the setback of the subject dwelling (as exists), and the addition is proposed landward of the 15-foot elevation contour line. 6. It is the opinion of this Board that the relief requested for a 15-ft. extension is not unreasonable and the percentage of relief requested is not substantial in relation to those generally existing in the area. 7. In making this determination, the Board also finds: (a) the circumstances are unique and are not personal in nature; (b) there will not be an increase in population density thus created by this variance; (c) there is no other method feasible for appellants to pursue other than a variance; (d) the lot size is substandard; (e) the variance will not be adverse to the safety, health, welfare, comfort, convenience or order of neighboring properties or of the town; (f) that in view of all the above factors, the interests of justice will be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to GRANT the relief requested under Appl. No. 3679 in the Matter of the Application of ROBERT AND DOLORES SCHISSEL, for the construction of an 15-ft. by 26.6-ft addition to dwelling, and SUBJECT TO THE FOLLOWING CONDITIONS: I. The setback be not closer than 53 feet to the exist- ing bulkhead, as applied; 2. The deck addition remain unroofed and open, as proposed; 3. There be no disturbance of soil within 50 feet of the bank; 4. There be no adverse lighting. Vote of the Board: Ayes: Messrs. Douglass and Sawicki. (Member Doyen of absent.) This resolution was duly adc lk · GOEHRINGER, ~IRMAN December 5, 1987 Goehringer, Grigonis, Fishers Island was I%ECEIVED AND FILED BY TI-IE SOUTHOLD TOWN CL~ DATE /7J¢'/~ HOUR Town Clerk, Town of ouihc;d NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, ~ursuant ~o Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on T~ESDAY, NOVEMBER 10, 1987 at the following times: 7:30 p.m. Appl. No. 3677 - ROBERT MOHR. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of decks attached to dwelling with insufficient rear and front yard setbacks, and Article III, Section 100-32 for approval of accessory garage structure located partly in the sideyard area. Location of Property: We~t Side of Wabasso Street, Southold, NY; County Tax Map Parcel No. 1000-78-3-34.2. 7:35 p.m. Appl. No. 3675 RICHARD MULLEN, JR. Va-riance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to construct showroom addition with an insufficient frontyard setback from the north property line. Location of Property: Corner of Main Road and the East Side of Cottage Place, Southold, NY; County Tax Map Parcel No. 1000-62-3-20 and 19. 7:35 p.m. Appl. No. 3674 RICHARD MULLEN, JR. Special Exception to the Zoning Ordinance, Article VII, Section I00-71, Bulk Schedule, for permission to construct addition for showroom use incidental to the existing car-sales business use in this "B-l" General Business Zoning District. Location of Property: Corner of Main Road and the East Side of Cottage Place, Southold, NY, 1000-62-3~!9 and 20. 7:45 p.m. Appl. No. 3684 WILLIAM AND VERA MOLCHAN. ..~. Variance to the Zoning Ordinance, Article III, Section 100-32, for perm!ssion to locate accessory inground swimmingpool, decks, and fence enclosure in the frontyard area (in excess of 300 feet from the front property line) at premises located along the north side of R~th Road (north of Sunset Drive), Mattituck, NY~ County Tax Map Parcel No. 1000-106-1-3. 7:50 p.m. Appl. No. 3514 GEORGE P. SCHADE. Variances to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of the proposed insufficient lot area a~d width of two parcels in this pending set-off division of land located along the west' side of Cedar Lane (west of Summit Road), Southold, NY; County Tax Map P~,~cel No. 1000-78-7-42. Page 2 Notice of Hearings Regular Meeting - November 10, Southold Town Board of Appeals 1987 7:55 p.m. Appl. No. 3673 -~NICK MIHALIOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate inground swimmingpool, decks and fence enclosure with an insufficient setback from the top of bluff along the Long Island Sound. Location of Property: north side of The Strand, Lot #124, Map of Pebble Beach Farms, East Marion, NY; County Tax Map Parcel No. I000-30-2-74. 8:00 p.m. Appl. No. 3680 - LEONARDUS AND MARIE VANOUDENALLEN. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition to dwelling with an insufficient setback from the closest point of arc along the front property line. Location of Property: North Side of Sailors Lane (a private road), approximately 147 feet west of Little °econlc Bay Road, Nassau Point, Cutchogue, NY; County Tax Map Parcel No. I000-111-14-7. 8:05 p.m. Appl. No. 3683 GEORGE L. PENNY INC. Variance to the Zoning O~dinance, Article XI, Section lO0-119.1, for permission to erect fence in the frontyard area at a height not to excee~ 6½ feet. Location of Property: North Side of Sound Avenue (or North Road), and the South Side of C.R. 48, (Middle Road), Mattituck, NY~ County Tax Map Parcel No. 1000-141-3-38.1. 8:10 p.m. Appl. No. 3682 - GEORGE L. PENNY INC./JERRY SHULMAN. Special Exception to the Zoning Ordinance, Article VIII, S. ection lO0-80(B) for permission to use existing storage building for warehousing and storage of lumber and building materials and supplies, in conjunction with the existing lumberyard opposite Sound Avenue. Zone District: "C-Light Industrial." Locati6'n of Property: South Side of Sound Avenue (or North Road), Matti- tuck, NY; County Tax Map Parcel No. 1000-141-3-41. 8:15 p.m. Appl. No. 3678 DAVID LaFRENIERE. Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk ~chedule, for permission to construct addition to existing building with an insufficient setback from the side (westerly) property line. Location of Property: Corner of Main Road and the West Side of Peconic Lane, Peconic, NY; County Tax Map Parcel No. 1000-75-5-10. Zone District: "B-l" General Business. 8:20 p.m. Appl. No. 3671 - ANDRE AND THOMAS CYBULSKI. Variance to the Zoning,:-Ordinance, Article III, Section lO0-30(A) Page 3 Notice of Hearings Regular Meeting - November 10, So~thold Town Board of Appeals 1 987 for permission wholesale book storage, and existing private right-of-way Residential and Agricultural. of Depot Lane~ Cutchogue, NY; 1000-96-5-1.2 and part of 1.1. to utilize premises for book publishing operations~ updated 280-A approval over the for such use. Zone District: "A" Location of Property: West Side County Tax Map Parcel No. 8:35 p.m. Appl. No. 3679 - ROBERT AND DOLORES SCHISSEL. Variance for permission to construct open deck addition with an insufficient setback from nearest wetlands per Article XI, Section 100-119.2. Location of Property: 7~0 West Shore Drive, Reydon Shores Map, Lot 9 ano part ot 8, Southold, NY; County Tax Map Parcel No. 1000-80-1-46. 8:45 p.m. Appl.-No. 3564 - JOHN DEMPSEY/ROBIN RAEBURN. Variances: (a) for Final approval under New York Town Laws Section 280-A over the existing private right-of-way, and (b) for permission to locate proposed dwelling with an Insufficient setback from top of bluff along the Long Island Sound, per Article XI, Section t00-119.2. Location of Property: Extending au the north end of a private right-of-way (traveled over lands of Bokina from the north side of Bridge Lane Extension and Oregon Road in a northerly direction) to the subject premises identified on the Suffolk County Tax Maps as District 1000, Section 73, Block 2, Lot 3.6 (prev. 3.4 and 3.5). 9:00 p.m. Appl. No. 3672. ANTHONY GAMBINO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for approval of the construction of 5ewld~elling with an insufficient setback from nearest tidal wetlands and/or ordinary highwater mark along Deep Hole greek. Location of Property: East End of Lupron Point Road, Mattituck, NY; County Ta~ Map Parcel No. 1000-115-11-10. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be'submitted prior to the conclusion of the subject hearing. For more informa- tion, please call 765-1809. Dated: October 26, 1987: BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS .GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secret~ry TOWN OFSOUTHOLD BUILDING DEPARTMENT TOWN CLERK'SOFFICE $OUTHOLD, N.Y. NOTICE OF DISAPPROVAL Building Inspector RV l/gO TOWN OF SOUTHOLD, NEW YORK ~~.lSb~ .J;:)E.. B U I L DIN G INSPECTOR T(~JJJlJljlLJli~IN-G BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of APpellor~t Street and Number .............................................................................................~r~ L4.~O Ic~ j~/C/j~/ UEREBY .......... ........,.. ....... ,, APPEAL TO Municipality State' THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR OI'4 APPLICATION FOR PERMIT NO ..................................... DATED .,..~...~.,'J.:...I..,~'..l...[..~..~~ .................. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of .......... .......... ................... Municipality ...... Street and Number ) PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ~.?..~.~.....L~...(~.~.~C~..~.'~.~....~.~L/~..~.~..~.~.~:;'.~..`~.. ........... /~.. .... Street /Hamlet / Use District on ZOning M~p .D.~!.s..t.~r..!.c.t~.~?.~..~....s..e..c.~t.~!~n.~.~.~.~.~.c...k~.~/..~.~.~t..~..~curre~t Owner ~,?/-*- Map No. Lot No. Prior Owner. (Je~o~cL¢-~c~_~ 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 ID0 Section llrt.~ 3. T..YPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ~/ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) 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 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce ~rocticaJ difficulties br u~m~ces- sary HARDSHIP because ~ ['~0~z$~ ~d ~ - ~,'~ ~ ~ ','~ ~' 2 The hardship created is UNIQUE and is not shared ay 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_~'~L.~.~.~-O,~' ©~..~?' ~O1'~'~4 ~ ~-~ ~--~ ) ss ................ COUNTY OF ~c,L.~C~. ) Signature .............. Sworn to this c~ day of ............ O e_~ 19~7 Notary Public TOW~ OF 50UTHOL~ OWNER STREET FORMER OWNER N LAND NEW FQYm Tillable ] Tillable 2 S SEAS. VL. IMP. TOTAL Ac re VILLAGE DISTRICT ,SUB. E W FARM DATE BUILDING CONDITION COMM. I IND. CB. I MISC. House Plot Tillable 3 [ ] Woodland ..... i Swamplcmd BELOW ABOVE Value Per Acre Value M. Bldg. Extension Extension Extension Breezewa Bath Floors Porch Porch Patio interior Finish Attic Rooms Ist Floor Rooms 2nd Floor 0 J Su{~olZ Co.'lb~ Mt]p No; 1000-080--1-,4~. (~,,x,~,.~. ~) DEPARTMENT OF PLANNING 'COUNTY OF SUFFOLK MICHAEL A. LOGRANDE SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN DIRECTOR OF PLANNING December 10, 1987 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a'matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Richard Mullen, Jr. Richard Muller, Jr. David LaFreniere ~ZMr. & Mrs. Robert Schissel Mr. & Mrs. William Molchan 3674 3675 3678 3679 3684 Very ~ruly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE, gL, NEW YORK 117BB Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 2.5 c~OUTHDLD, 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 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southotd, New York, hereby refers the following to the Suffolk County Planning Commission: ¥¥ Variance from the Zoning Code, Article ×I , Section 100-ZZ9.2 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3679 Applicant: Mr. and Mrs. Robert Sch±ssel Location of Affected Land: 7ZO West Shore Drive, Sduthold County Tax Map Item No.: 1000- 80-Z-46 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established £hannel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct o~en-~eck addition with an insufficient setback from nearest wetlands Copies of Town file and related documents enclosed for your ruview. Dated: Decem? ~ 8, 1987 Southold Town Board of Appeals MAIN RDAD- STATE RDAD 25 SOLITHOLD, l.l., N.Y. TELEPH()NE (.~>161 /G5 1H09 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRiGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI December 7, 1987 Mr. John Bertani 1380 Oakwood Drive Southold, NY 11971 Re: Appl. No. 3679 - Robert and Dolores Schissel (Variance) Dear Mr. Bertani: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-t802) if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN , Enclosure Copy of Decision to: Building Department By Linda Kowalski Suffolk County Planning Commission Mr. and Mrs. Robert Schissel TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF TUESDAY~ NOVEMBER 10, 1987 Appl. NO. 3679 Applicant(s) Robert and Dolores Schissel Location~of Property: 710 W. Shore Drive, County Tax Map ID No. 1000-80 -] - 46 Reydon Shores, Southold Board Members present were: Chairman Goehringer:P% Goehringer, Members: Gringonis, Douglass, Doyen and Sawicki. Absent was: (None) also present were: Victor Lessard, Building Dept.) Linda Kowalski, Z.B.A. Secretary and approximately 20 persons in the audience. The Chairman opened the hearing at 9:05 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the survey dated September 17, 1987 which is the most recent amended date, indicating a 1% story framed home approximately 68 feet from the bulkhead; a pro- posed addition approximately 15 feet in depth by 26 feet 6 inches. And I have a copy of the Suffolk County Tax Map Indicating this and surrounding properties in the area. Would you like to be heard again? Again, the same question we ask people with decks. Will it remain open? JOHN BERTANI: Yes. CHAIRMAN GOEHRINGER: No lighting.that would cause any hazard to any of the surrounding properties owners? MR. BERTANI: No. CHAIRMAN GOEHRINGER: It's really small down there? MR. BERTANI: Yes. CHAIP~LAN GOEHRINGER: Thank you very much. MR. BERTANI: of this. The house to the west of this is totally in front CHAIRMAN GOEHRINGER: 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. Hear- ing no further questions, I'll make a motion closing the hear- ing, reserving decision until later. Thank you very much for coming in. All in f~vor - AYE. N@~JuY~ql'~o~!~t ~.I~PJ) p ft~n ~i;tf, E ~liD~q m~ ~a I~Rgs erv a t i o n Room 219, Stony Brook, NY 11794 Henry ,ams A review has .been made of your proposal to-~--(;~%~-Y-~(~-- ('~ C~(~ C'~'~) y , ~ e ew or Stale Department of Environmental Conservation has determined that the parcel project is: Greater than 300' from inventoried tidal wetlands. Landward of a substantial man-made structure greater than 100' in length which was constructed prior to 9/20/77. Landward of the 10' above mean sea level elevation contour on a gradual, natural slope. Landward of the topographic crest of a bluff, cliff or dune which is greater than 10' in elevation above mean sea level. Listed in Part 661.5 of 6NYCRR (Tidal Wetlands Land Use Regulations) as a use not requiring a permit or notification letter of approval. Therefore, no permit is required under the Tidal Wetlands Act (Article 25 of the Environmental Conservation Law). Please be advised, however, that no construction, sedimentation or disturbance of any kind may take place seaward of the 10' contour or topographic crest without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation in this area as a result of your project. Such precautions may include providing adequate work area between the 10' contour or topographic crest and the project (i.e. a 15' to 20' wide construction area) or erection of a temporary fence, barrier, or hay bale berm. Please note that any additional work, or modification to described, may require authorization by this Department. this office if such are contemplated. the project as Please contact Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Very truly yours, Deputy Regional Permit Administrator HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN TELEPHONE (516) 765-1892 BOARD OF TOWN TRtSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 25, 1987 Mr. John Bertani 1380 Oakwood Drive Southold, New York 11971 Re: Dolores Schissel - West Shore Drive, Southold Dear Mr. Bertani: The following action was taken by the Board of Town Trustees during their regular meeting held on September 24, 1987 regarding the above matter. WHEREAS, John Bertani on behalf of Robert & Dolores Schissel requested a Waiver of the Wetland Ordinance for the construction of a 14' x 26~.6" deck landward of an existing bulkhead on property located on West Shore Drive, Southold, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board made the following findings of fact: 1. By this request appellant requests permission to construct a 14' x 26'.6" deck landward of an existing bulkhead. 2. The subject property is located on West Shore Drive, Southold. 3. The project will not affect the health, safety and general welfare of the people of the Town. 4. The Conservation Advisory Council has recommended approval. Now, therefore be it RESOLVED that John Bertani on behalf of Robert & Dolores Schissel be and hereby are granted a Waiver of the Wetland Ordinance as requested to construct a deck 14' x 26'.6" on property located on West Shore Drive, Southold. Please be advised that there is a $25.00 fee due at this time for the waiver granted. Please return to the Building Dept. for a determination on the need of any other town permits that may be required for this project. Board of Town Trustees- John Bertani for Dolores Schissel Page 2. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS :ip cc: Commissio~'ter Thomas C. Jorling, D.E.C., Alba~y Robert A. Greene, D.E.C., Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management John Holzapfel, Chairman, Southold Town C.A.C. Victor Lessard, Admin., Building Dept. Planning Board Board of Appeals file ,NOTIqE OF' HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section :267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Soutbold Town Hall, Main Road, Southold, NY on TUESDAY, NOVEMBER 10, 1987 at the following times: 7:30 p.m. Appl. No. 3677- ROBERT MOHR. Variances to the Zoning Ordinance, Article Ill, Section 100-31 Bulk Schedule, for approval of decks attached to dwelling with insuf- ficient rear and front yard set- backs, and Article 111, Section 100-32 for approval of accessory garage structure located partly in the sideyard area. Location of Property: West Side of Wabasso Street, Southold, NY; County Tax Map Parcel No. 1000-78-3-34.2. 7:35 p.m. Appl. No. 3675- RICHARD MULLEIN, Variance to the Zoning Or- dinance, Article VII, Section 100-71, Bulk Schedule, for per- mission' to construct showroom addition with an insufficient frontyard setback from the north property line. Location _p _., ..... e. and,the East Side :of Cottag~ Place, Southold, NY; County Tax Map Parcel No. 1000-62-3-20 and 19. 7:35 p.m. Appl. No. RICHARD MULLEN~ JR. Special Exception to theZoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for per- mission to construct addition for showroom use incidental to the existing car-sales business use in this "B-I' General Business Zoning District. Loca- tion of Property: Corner of Main Road and East Side of Cottage Place, Southold, NY, 1000-62-3-19 and 20. 7:45 p.m. Appl. No. 3684- WILLIAM AND VERA .MOLCHAN. Variance to the Zoning Ordinance, Article Section 100-32, for permission to locate accessory inground swimming pool, decks, and fence enclosure in the frontyard area (in excess of 300 feet from the front property line) al premises located along the north side ol Ruth Road (north of Sunset Drive), Mattituck, NY County Tax Map Parcc] No. . , 1000_106~k , 7:50 ~ Appl. NO. 3514- GEORGE'- P. SCHADF. 'Oriances to the ZOning Or- dinance, Article Ill, Section 100-31, Bulk Schedule, for ap- proval of the proposed insuffi- cient tot area and width of two parcels in this pending set-off division of land located along the west side o{ Cedar Lane (west of Summit Road), Southold, NY; County Tax Map Parcel No. 1000-78-7-42. 7:55 p.m. Appl. No. 3673- NICK MIHALIQ~. Variance to the Zouing Ordinance, Article XI, Section 100-119.2 for per- mission to locate inground swimming pool, decks and fence enclosure with an insufficient setback from the top of bluff along the Long Island Sound. Location of Property: north side of The Strand, Lot No. 124, Map of Pebble Beach Farms, East Marion, NY; County Tax Map Parcel No. 1000-30-2~74. 8:00 p.m. Appl No. 3680- LEONARDUS AND MARIE ~.ANOUDENALLEN. Variance to the Zoning Ordinance, Arti- cle Ill, Section .100-31, Bulk Schedule, for permission to con- struct addtion to dwelling with an insufficient setback from the struct addition to dwelling with an insufficient setback from the closest point of arc along the front property line. Location of Property: North Side of Sailors Lane (a private road), approx- imately 147 feet west of Little Pr, conic Bay Road, Nassau ~P. oint, Cutchogue, NY, Coun- ty Tax Map Parcel No. 1000-1:11 - 14-7. 8:B5 p+m. AppL No. 3683- G L PENNY INC. Variance to the Zoning Or- dinance, Article Xl, Section 100-119.1, for permission to erect fence in the frontyard area at a height not 'to exceed 6½ feet. Location of Property: North Side of Sound Avenue (or North Road), and the South Side of C.R. 48, (Middle Road), Mattituck, NY; County Tax Map Parcel No. 1000-141-3-38.1. 8:10 p.~i. AppL NO.:,,~368- GFO INC./ RRY ~AN. Special Exception to the ZonMg Ordinance, Article VIII, Seciion 100-80(B) for permission to use existing storage building for warehousing and storage of lumber and building materials and supplies, in conjunction with the existing lumberyard op- posite Sound Avenue. Zone D~strtct: C;L g~,t lnd~$s.l~r Locat on of Proper{v: '~ou~ S de Of S~un~ ~;enp¢ Road), Matfituck, Ny: Tax Map Parcel NO. 1000-141-3-41. 8:15 p.m. Appl. No. 3678- DAVID LaFRENIERE. Variance to the Zoning Or- dinance, Article VII, Section 100-71, Bulk Schedule, for per- mission to construct addition to existing building with at~ insuf- ficient setback from the side {westerly) property line. Loca- tion of Property: Corner of Main Road and the West Side of Peconic Lane, Peconic, NY; County Tax Map Parcel No. 1000-75-5-10. Zone District: "B-I" General Business. 8:20 p.m. AppL No. 3671- ANDRE A~'D T, HOI~AS ~YBULSK.I.a Variance to the ~oning Ordinance, Article Ill, Section 100-30{A) for permis- sion to utilize premises for book publishing operations, wholesale boog storage, and updated 280-A approval over the existing private right-of-way for such use. Zone District: "A" Residen- tial and Agricultural. Location of Property: West Side of Depot Lane, Cutcbowe, NY;'~oUnty Tax Map P~re~l' ' 'No. 1000-96-5-1.2 and p~rt of 1.1. "~SC8:35 p.m. AppL No, 36:/9- OBERT AND DOLORI~s H. ISSEL. Vnr~ance for pet~ m~sslon to construct open deck addition with ttn insufficient set- back from nearest wetlands per Article XI, Section 100-119.2. Location of Property: 710 West Shore Drive, Rgyd0n Shores Map, Lot 9 and part of 8, Southold, NY; County Tax Map Parcel No. 1000.80-1-46. 8:45' p.m. Appl No. 3564- ~_ JOHN DEMPSEY/ROBIN RAEBURN. Vat~afiees: (a} for final approval .under New~ York Town Law, Section 280-A over the existing priVate right.or, kay, and (b) for permission to locate. proposed dwelling with an in- sufficient setback from top of bluff along tlt~ Long island ~ Sound, per Article XI, Section 100-119.2. Location of Property: Extending at the north end of a private~ right-of-Way 0raVelS. oVer lands of Bokina ~eom~h6 north side ~f Bridge Lane:~x- tension and OYegon Road~n a northerly di~:ti~tO m the;Sub- ject premises identified On the Suffolk County Tax Maps as District 1000, Sectlo~ 73, Block 2, Lot 3.6 (prey.' 3.4 and 33). 9..00 p,m. AppL No. 3672-- ANTHONY GAMBINO ~ Or- dinance, Article XI, Section 1,~-i19.2 for approval of the construction of new dwelling with an insufficient setback from nearest tidal wetlands and/or ordinary highwater mark along Deep Hole Creek. Loca- tion of Property: East End of Lupton Point Road, Mattituck, NY: County Tax Map Parcel No. 1000-Il5-11-10. The Board of Appeals will hear at said time and place aH persons or representatives desir- ing to be heard .in each of the above matters. Eabh hearing will not start before t~e time allot- ted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: October 26, 1987 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary 1'I--10/29/87(30) COUNTY OF SUFFOLK STATE OF NEW YORK 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 ...................... dayf~...''''' ~]~7'-~'' , 19 ~''~ .-~ Sworn to before me this ......... ~ ......... day of ....... ..... Notary Public BARBARA FORBES Notary Public, State of New York ~uallfied in ~uffolk County ~ommtssion Expires ~. ~ / 19 ~ Legal Notices NO~CE OF HEARINGS NOTICE ~' HEREBY GIVEN, pursuant to Section 267 of the Town Law am/the Code of the Town of Southold, the follow- ing hearings will be held by the, SOUTHOLD TOWN BOARD OF APPEALS at a Regular M.~e. ting at the Southold Town Hall, Main Road, Southcld, New York, on TUESDAY, NOVEMBER 10, 1987 at the following times: ~p.m. Appl. No. 3677 - ROBERT MOHR. Variances to th~ Zoning Ordinance, Article 1~, ~ 100-31, Bulk ~hedule, f~,.~..roval of decks attached foretelling with insuf- fieient ~mnt yard set- brocks, and ~rtidm BI, Section gm-a~e structur~ loc~tad partly in tim sideyard area. Location of West Side of Wabasso ~l~pmrty: '~l~t, 8outlmld, NY; County ~ Mai* Parc~ No. 1000-78-3- 34.2. 7:35 p.m. Appl. No. 3675 - RICHARD MUI.LJ~.N, JE. Variance to the ZoUln~ Ordi- nance, Article VII, Section 100- 71, Bulk Schedule, for permis- sion~coustmct showroom addi- tio~th an insufficient fron- tya~Phetback from the north pFoperty line. Location of Prop- erty: Gemer of Main Road and the East Side of Cottage Place, South&d, NY; County Tax Map Parcel I%. 1000-62-3-20 and 19. 7:35 p.m. Appl. No. 3674 - RICHARD MULLEN, JR. Special Ex~ption to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for per- mission to construct addition for showroom use incidental to the existing car-sales business use in this "B-I' General Business Zoning District. Location of Property: Corner of Main Road and the East Side of Cottage Place, Scuthold, NY, 1000-62-3- 19 and 20. 7:45 p.m. Appl. No. 3684 - WILLIAM AND VERA MOL- CHAN. Variance to the Zoning Ordinance, Article III, Section 100-32~ for permission to locate accessory inground swim- mingpool, decks, and fence eh- closure in the frontyard area (in excess of 300 feet from the front property line) at premises 1o- catod along the north side of Ruth Read (north of Sunset Drive), Mattithck, NY, County Tax Map Parcel No. 1000-106-1- 3. 7:50 p.m. Appl. No. 3514 - GEORGE P. SCHADE. Vari- ances to the Zoning Ordinance, Article m, Section 106.31, Bulk Schedule, for approval of the propezed insufficient lot area and width of two parcels in this pending set-off division of land located along the west side of Cedar Lane (west of Summit Read), Southold, NY; County Tax Map Parcel No. 1000-78-7- 42. 7:55 p.m. Appl. No. 3673 - NICK MIHALIOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permis- sion to locato inground swim- mingpool, decks and fence enclo- sure with an insufficient setback from the top of bluff along the Long Island Sound. Location of Property: north side of The Strand, Lot #124, Map of Pebble Beach Farms, East Marion, NY; County Tax Map Parcel No. 1000-30-2-74. 8:00 p.m. Appl. No. 3680 - LEONARDUS AND MARIE VANOUDENAI.I.EN. Vari~ ance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to con- struct addition to dwelling with an insufficient setback from the closest point of arc along front property line. Location of Property: North Side of Sailor's Lane (a private road), approxi- mately 147 feet west of Little Peconic Bay Read, Nassau Point, Cutchogue, NY, County ,Tax Map Parcel No. 1000-111- .14-7. 8:05 p.m. AppL No. 3683 - GEORGE L. PENNY INC. Variance to the Zoning Ordi- nance, Article XI, Section 100- 119.1, for permission to erect fence in the frontyard area at a height not to exceed 6V~ feet. Lo- cation of Property: North Side of Sound Avenue (or North Road), ance to the Zonin~ Ordinance, Article VII, Section 100-71, Bulk Schedule, for perm/ssion to con- struct addition to existing bnild- lng with an insufficient setback from the side (westerly) property line. Location of Property: Comer of Main Road and the West Side of Peconic Lane, Peconic, NY; County Tax Map Parcel No. 1000-75-5-10. Zone District: "B-l' General Busi- 8:20 p.m. AppL No. 3671 - ANDRE AND THOM~ CYBULSKL Variance to ~he Zoning Ordinance, Articl~ III, Section 100-30(A) for permission to utilize premises for book pub- lishing operations, ~-holesale book storage, and updated 280-A approval over the existing pri- vato right-of-way for such use. Zone District: "A" Residential and Agricultural. Location of Property: West Side of Depot Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-96-5- ~nd the South Side of C.R. 48, 1.2andpartofl.1. (Middle Road), Mattituck, NY, ~ 8:35 p.m. Appl. No. 3679 County Tax Map Parcel No. [ ROBERT AND DOLORES 1000-141-3-38.1. [ SCHISSEL. Varianco for per- 8:10 p.m. Appl. No. 3682 - ~ mission to construct open deck GEORGE L. PENNY INCJ ~additionwithaninsufficientset- JERRY S~. Special [ beck from nearest wetlands par Exception to the Zoning Ordi- ] Article XI, Section 100-119.2. nance, Article VIII, Section 100- ] Location of Property: 710 West 80(B)forpermissiontatmeexist- / Shore Drive, Reydon Shores lng storage building for wareh-/ Map, Lot 9 and part of 8, South- ousing and storage of lumber/ uld, NY; County Tax Map Parcel and bu/lding materials and{ No. 1000-80-1-46. supplies, in conjunct/on w/th the~ -~' existing lumberyard oppo~ito 8:45 p.m. Appl. No. 3564 - Sound Avenue. Zone District: JOHN DEMPSEY/ROBIN "C-Light Industrial.' Location of Property: South Side of Sound Avenue (or North Read), Mat- tituck, NY; County Tax Map Parcel No. 1000-141-3~1. 8:15 p.m. Appl. No. 3678 - DAVID LaFHENIERE. Vari- RAEBUHlq. Variances: (a) for final approval under New York Town Law, Section 286-A over the existing private right-of- way, and (b) for permission to lo- cate propa~ed dwelling with an insufficient setback from top of bluff along the Long Island Sound, per Article XI, Section 100-119.2. Location of Properiy: Extending at the north end of a private right-of-way (traveled over lands of Bokina from the north side of Bridge Lane Exten- sion and Oregon Read in a northerly direction) to the sub- ject premises identified on the Suffolk County Tax Maps a~ Dis- trict 1000, Section 73, Block 2, Lot 3.6 (prey. 3.4 and 3.5). 9:00 p.m. Appl. No. 3672 - ANTHONY GAMBINO. Vari- ance to the Zoning Ordinance, Article XI, Sca/ion 100-119.2 for approval of the construction of new dwelling with an insufficient setback from nearest tidal wet- lands and/or ordinary highwater mark along Deep Hole Creek. Location of Property: East End of Lupton Point Road, Mat- tituck, NY; County Tax Map Parcel No. 1000-115-11-10. The Board of Appeals will hear at said time and phce all persons or representatives desir- ing to be heard in each of the above matters. Each hearing will not start before the time al- lotted. Written commento may be submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: October 26, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, 5756-1TO29 Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 E~r'tUTHI~LD, L.I., N.Y, 11c:J71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOERRINGER, CHAIRMAN CHARLES GRIGONIS, JR.. SERGE DOYEN, JR. ROBERT J. D0UGLASS JOSEPH H. SAWlCKI 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 behal-f 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~ul.~ ~ ~ Gl~RARD P. GOEHRINGER ~ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk Page 4 Notice of Hearings Southold Town Board of Appeals Tues~ay,-November 10, 1987 Copies to the following on or about 10/27/87; Mr. and Mrs. Robert Mohr, 37 Mt. McKinley Ave, Farmingville, NY Mr. and Mrs. Donald Lubov, 1275 Nakomis Road, Southold, NY 11971 Mr. and Mrs. Kerry Ellis, 33-51 60th Pl., Woodside~ NY 11377 Mr. and Mrs. Michael Tisbo, Minnehaha Blvd, Southold, NY 11971 11738 Mr. John Bertani, 1380 Oakwood Drive, Southold, NY 11971 (for Mullen Motors Mr. and Mrs. William Molchan, Box 1197, Mattituck, NY 11952 Mr. Henry E. Raynor (Agent for George P. Schade), P.O. Drawer A, Jamesport, NY 11947 Mr. Nick Mihalios, 23-50 31st St, Astoria, NY 11105 Mr. Gerry Horton (Builder for L. VanOudenallen), Box 1~08, Mattituck 11952 Charles R. Cuddy, Esq. (Attorney for Penny Lumber) 180 Old Country Road, Box 1547, Riverhead, NY llgO1 J. Kevin McLaughlin, Esq. (Attorney for D. LaFreniere) 828 Front Street, Box 803, Greenport, NY 1194q Abigail A. Wickham, Esq. (Attorney for A. Cybulski) Main Road, Box 1424, Mattituck, NY 11952 Mr. John Bertani, 1380 Oakwood Drive, Southold, NY 11971 (for R. Schissel) Rudolph H. Bruer, Esq., (Attorney for J. Dempsey), Main Road, Southold Philip J. Cardinale, Esq. (Attorney for T. Bokina), Jamesport Center, Jamesport, NY 11947 Mr. Ted Bokina, Pinewood Road, Cutchogue, NY 11935 Stephen R. Angel, Esq., 108 East Main St., Box 279, Riverh~ad, NY 11901 (Attorney for M. Murphy) 1197 Eric J. Bressler, Esq. (Attorney for A. Gambino) Main Road, Box 1424, Mattituck, NY 11952 Mr. Anthony Gambino, 850 Deep Hole Drive, Mattituck, Mr. and Mrs. Joseph A. Esquirol, Jr. 1350 Lupton Point Road, Mattituck, NY 11952 NY 11952 Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Personal Delivery Posted on Town Hall Bulletin Board, Z.B.A. Bulletin Board. Copies to Building Department, Planning Department, and Town Board Members 10/27/87. Copies to ZBA Members with copies of files 10/28/87 (in person). Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS November 10, 1987 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGOfllS, JR. S · E . Q · R.A . SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3679 PROJECT NAME: ROBERT AND DOLORES SCHISSEL This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Permission to construct open deck addition with an insufficient setback from nearest wetlands. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 710 West Shore Drive, Sou~hold, NY 1000-80-1-46 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA. FOR FURTItER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc ]UDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 2, 1987 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 TO: FROM: Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3679 , application of John Bertani, Robt.& Dolores Schissdlor 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 Inc. for DR. ROBERT A. BCHISSEL TELEPHONe 51~ - 231-3535 September 24, 1987 To whom it may concern; I hereby give permission to John Bertani to act as an agent to obtain a variance to build a deck within 75 feet of wetlands. I purchased the house and prope~ from David and Judith Collins in september of 1973. If any further information is neede p;ease do not hesitATE TO CONTACT US. SINCER~, ? Robert/,~ch/issel BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thee intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~ (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adiacent to your property and is des- 3. That[he property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigne.d will request the following relief: /~f~,,~, dc ~'9 O~/I~')LFJA/_.i- $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article /OD Section 11~. ~ [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you ma), then and there examine the same during regular office hours. (516) 7~5-'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. Own /r s' Names: Post Office Address pROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS p 774 954 974 RF.~P..~PT FO~ SERT~FNP..O ~A~L NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) p . State nd ZIP ode Oer~ified Fee Special Delivery Fee R--etu?n Recei t show,n'~--~ to wh e~ed p 774 954 976 REcE%P ..~,,RRNCE coVERAGE (See of ,19 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 Southold; that said Notices were mailed at the United States Post Of- fice~aL~ c~)t,LY~l eL~ ; that said Notices were mailed to each of said persons by ~ (real,lei, ed) mail. ~ , residing at , being deponent mailed a true copy c Sworn to before me:tt~s~ day of ~e,~' . ,19 Notary Public (This side does not have to be property owners.) completed on form transmitted to adjoining SHORT .~IIST~UCT~ONS~ {a} In order to answor tho quomt, lon:~ in thio :~hort F.^F 1~ 1~ ~onum,~d that rotator will uno currontly avallabl~ lnfo~n~tlon concerning tho proJ~c~ and tho ~r otho~ invostlgatton~ w~l bo tmdortakon. (b) If any question ha~ bo~n ~n~wor~,d Ye. tim project *:my Lrj nlzniflcont and cc~plocod Envlro~ental Am~o~mmant Fo~ i3 n~c~usa~7. (C) ~f all quaation~ bavo boen answered No it t~ 11ko17 [hm~ th!:~ proJ,~ct ~vironmentnl Wkll proje¢: ro~l~ ~n a la~go physical ~o the proJoct ~i~o or phyalcally alter more Wlll ~hor~ baa ~Jor chango to any ,mlquo unuuual lan~ fo~ found on tho W~I proJec: al%or or havo a larBo elf.ct aa oxAu%lnS bodx of water? , .... W~! pro3oc% h~v~ a potonttally largo Jmpacu W~i proJec~ ~lficaatly. ~ffect dra~nayo on a~Jacen~ olios? , , . Will proJec~ affoc~ any tl~oa~,:n.,t 'ar endan~?~rod · 'plant or anl~%l specicu? . , W~l pro3oe~ res~% in . ~raJor ~.lv,~v:w, oFf~:ct W~I proJec~ hav~ 'a :m Jot of foci an vl:n~l char,- ~c%cr Of tho co..~nun~y or scenic views oc Will pro~c~ advor3oly l~pac~ a~7 sit,~ or ur~ of h[~coric~ pro-his~oric, or ~mportanc~ o~ any si%o douignaced a:; a critical onvlroamon~l aroa b~ a local a~{uucy? . . W~I pro3oct havo a ~3or offoct On axlu~g future rocreat!onal opport~nitluu'~ . . . Will proJoct.rosul%' in ;~%Jof traffic problcm:~ o:- Will ~roJoct rogt~arly cauuo ob.~ectionable Will proJoc~ have any impact on l~Ubllc health or l~ there public · QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORI.IS TO TilE BOARD OF SPP.EALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours~ : '-' ' Yes 2.a) Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Yes *b) Are there any areas open to a waterway without bulkhead? Yes 2. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes 4. Are theFe any existing or proposed fences, concrete barriers, decks, etc? Yes If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes If project is proposed for principal building or structure, is total height at more than 35 feet above average ground l~-~l? State total: ft. Yes Yes Yes Are there other premises under your ownership abutting this parcel? If .yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership,°if any)? State Permit # and Nature: N~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning. Board Town Board Town Tru-stees County Health Department Village' Of Greenport N.Y.S.D.E.C. Other Yes Yes d e~--~~es Yes Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale.(from contract)· ll. Is new construction proposed in the area of contours at 5 feet or less as exists? 12: If new construction is proposed in an area within 75 feet of wetland grasses, or land area at a~ eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? 13. Please list present use or operations conducted upon the subject property at this time and proposed *Please submit photographs for the record. I certify that the above statements are true and are being submitted for reliance by the Board or_Appeals in considering my application. S .nh~ure ~,~, ~ Ow,~e, ~ (Au~horize~'Agen~) N~ 3/B,7 lk § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- Tho 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 iatermittently cov- ered with, or which border on, tidal waters, or-lands lying beneath tidal waters, which at mean Iow thte are covered by tidal watcr:~ 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) Ail banks, begs. meadows, fiats aml tidal "marsh : subject to such tides and upon wifich grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall eordgrass, high bush, cattails, greundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a t'dal wethmd as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the re.at landward edge of such a tidal wethmd. FRESIIWATER WETLANDS: (1) "Freshwater wet/ands" as defined itl Article.2.1, Ti- tle 1, § 2-1-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Couservation Law of the State of New York: and (2) All land ,mmedmteya(jaeenttoa" , , frt sh~ ;tier wet- land," as defined ill Sul soetlon U(!) and lying with- in seventy-five (75) feet landward of tho most land- ward edge of a f esprit ter wetlam ." 9705 2-25-S5