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Southold Town Board o£Appeals MAIN ROAD- BTATE ROAD Z5 SOUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3662 Application Dated August ]8, ]987 TO: Mr. and Mrs. Thomas J. Smith 200 Haywaters Drive Cutchogue, NY 11935 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on September 10, 1987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variancesto the Zoning Ordinance Article III , Section 100-3], Article XI, Section 100-119.2, Article III, Section 100-32 [ ] Request for Application of THOMAS AND FRANCES SMITH for Variances to the Zoning Ordinance, Articles: (a) III, Section 100-31, Bulk Schedule, as to an insufficient sideyard setback of garage, when attached to principal dwelling structure with raised open-deck construction, (b) XI, Section 100-119.2 for an insufficient setback from existing seawall landward of wetland area for proposed deck addition, (c) III, Section 100-32, for approval of garage as an accessory structure in sideyard area as an alternative to attaching same to dwelling structure. Location of Property: 200 Haywaters Drive, Cutchogue, NY; County Tax Map Parcel No. 1000-104-5-19. WHEREAS, a public hearing was held and concluded on September 1987 in the Matter of the Application of THOMAS AND FRANCES SMITH under Appl. No. 3662; and lO, 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 a described parcel of land located along the west side of Haywaters Drive, Cutchogue, con- taining a total lot area of 18,500± sq. ft. and lot width (frontage) of 83.81 feet. 2. The subject premises is located in the "A" Residential and Agricultural Zoning District and is improved with the follow- ing structures: (a) single-family dwelling with a frontyard setback at its closest point at 49 feet, westerly sideyard setback at nine feet, and westerly setback at 18± feet at the northeast corner; (b) accessory 18' by 22' garage ~hown to be located partly in the sideyard and rearyard areas with a setback at its closest point at 6'9" and at its farthest point 13 feet, all as shown on survey dated August 3, 1987 prepared by Roderick VanTuyl, P.C. (CONTINUED ON PAGE TWO) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appl. No. 3662 Matter of THOMAS & FRANCES SMITH Decision Rendered September 10, 1987 3. By this application, appellants request either of the following: (a) construction of an open deck addition at the rear of the existing dwelling with a setback at not closer than 64 feet to the existing seawall, and attachment of the proposed deck construction to the existing garage which would create an insufficient sideyard setback and total sideyards as a "principal" structure; or (b) construction of an open deck addition at the rear of the existing dwelling with a setback at not closer than 64 feet to the existing seawall, without an attachment to the existing accessory garage, which would place accessory garage totally in the sideyard area. 4. Article XI, Section 100-119.2, subparagraph (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 (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. 5. Article III, Section 100-31 of the Zoning Code requires minimum sideyard setbacks at not less than 15 feet and 10 feet for a principal structure, and Section 100-32 requires accessory structures to be located only in the rear- yard area. 6. It is the position of this Board that the accessory structure remain accessory as applied under (b) in paragraph (3), supra, rather than reducing the sideyard of the principal structure with additions to a sideyard setback at six feet. 7. The Courts have held that the area setback variance must meet the "practical difficulties" standard, considering as follows: (a) the relief requested is not substantial in relation to the requirements; (b) the project as proposed is not out of character with the neighborhood; (c) the circum- stances of the property are unique and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, comfort, convenience or order of the town; (e) the variance requested is the minimal necessary; (f) there is no other method feasible for appellant to pursue other than a variance. 8. It is the opinion of this Board that: (a) the relief requested is not substantial in relation to the requirements, being a variance of 15% as to the setback from wetlands; (b) the project as proposed is not out of the character with the neighborhood; (d) the circumstances of the property are unique and not personal in nature, particularly due to the nonconforming lot size, lot width, limited buildable area, etc.; (e) the variance will not in turn be adverse to the safety, health, comfort, convenience or order of the town~ (f) there will not be an increase in density created by this variance; (g) there is no other method feasible for appellant to pursue other than a variance; (h) that in view of all the above factors, the interests of justice will be served by granting the variance requested for the open deck construction without attachment to existing accessory building, as further noted below. 9. It is noted for the record that an application has been filed with the Southold Town Board of Trustees concern- ing a waiver, which is scheduled for September 24, 1987. 10. It is further ntoed for the record that a Building Permit under No. 13042Z was issued April 16, 1984, and Building Permit under No. 16032Z was issued May 5, 1987 for the construction of the existing 26± ft. by 36± ft. addition at the rear of dwelling (which is shown to be Page 3 - Appl. No. 3662 Matter of THOMAS AND FRANCES SMITH Decision Rendered September 10, 1987 setback at 75 feet or more from nearest wetland grasses and seawall structure). NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to GRANT a Variance from the Provision of Article XI, Section 100-119.2 for permission to locate attached open-deck construction at rear of dwelling with a setback of 64 feet or more from the existing seawall structure, or wetland grass, whichever is closer, as applied in the Matter of the Application of THOMAS J. and FRANCES SMITH under Appl. No. 3662, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck addition to dwelling remain open (unenclosed), as applied; 2. That the northerly sideyard area remain open and unobstructed at all times at full widths of 9 feet at the northeasterly portion of the dwelling and 11½ feet at the northwesterly portion of the dwelling addition and deck construction, as applied and shown by survey dated August 3, 1987; 3. That the setbacks as exist on the northerly and southerly sideyard areas not be reduced in the future; 4. That the existing garage not and remain as an accessory structure, to the deck or dwelling, as applied. be increased in size not to be attached Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was duly adopted. lk P. GOEH~INGER, ~AIRMAN iP, ECEIVED AND FILE[) THE SOUI OLD TOWN ~DATE_ ~a'~/?~ HO~Jli,. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, SEPTEMBER 10, 1987 at the following times: 7:35 p.m. Appl. No. 3651 DEAN KAMEN. Variances to the Zoning Ordinance, Articles: (a) III, Section 100-32 as to excessive height, (b) XI~ Section 100-119.2 as~to insufficient setback from ordinary highwater mark of Long Island Sound, of a proposed wind-turbine-generating-tower to be constructed landward or near existing granite monolithic structure. Location of Property: North Dumpling Island, NY~ County Tax Map Parcel No~ 1000-130-01-004. ~ 7:40 p.m. Appl. No. 3662 ~ TNOMAS AND FRANCES SMITH. Variances to the Zoning Ordinance, Articles: (a) III, Sec= tion 100-31, Bulk Schedule~ as to an insufficient sideyard setback of garage, when attached to principal dwelling- structure with raised open-deck construction, Ib) XI,'Section t00-119.2 for an insufficient setback from existing seawall landward of wetland area f6r proposed deck add~tion, (c~~- III, Section 100-32, for appro~at of garage as an accessory s~ructure in the s~deyard area as an al{ernative to attaching same ~o dwelling structure. Location of Property~ 200 Hay- waters Driv~ Cutchogue~ NY~ County Tax Map Parcel No. 1000-104-05-19. 7:45 p.m. Appl. No. 3622 CHRISTZAN B. SALM~NEN. Variance the Zoning-Ordinance, Article XI~ Section 100~119.2 for permission to construct deck addition to dwelling' and accessory stairs, both with an insufficient setback from edge of Marion Lake, or landward edge of freshwater wetland, whichewer ~s closer. Location of Property: 240 Lake¥i~w Terrace, East Marion, NY; County Tax Map Parcel No~ 1000-31-9-15. 7:50 p.m. Appl. No. 3658 PAUL AND CORRINE FERDENZI. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory building in frontyard area. Location of Property: 470 Haywaters Drive~ Cutehogue, NY; County Tax Man ~arce~ No. 1000-104-5-21. Page 2 Legal Notice of Hearings Regular Meeting September tO, 1987 Southold Town Board of Appeals 7:55 p.m. Appl. No. 3665 - LEHESK BUILDING CORP. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of construction of open deck with an insufficient rearyard setback at 360 Sebastian's Cove Road, Sebastion Cove Lot No. 5, Mattituck, NY; County Tax Map Parcel No. 1000-100-03-11o~ 8:05 p.m. Appl. No. 3B93 - [UIET MAN'IN~ (Reconvened from May 21, 1987)z- Variance to the Zoning Ordinance, Article VII, Section lO0-71, Bulk Schedule~ for permission to construct addition in this~-"B-1u General Business Zoning District with an insufficient frontyard setback ~rom the westerly property line along Hobart Avenue. Location of Property: Corner Main Road and Hobart Avenue, Southold~-NY~ County Tax Map~ Parcel no. 1000-62-3-7. 8:10 p.m. Appl. Not 3659 - ~UIET MAN INN. Variance to the Zoning Ordinance, ~rticle Xi~ Section 100-112 (and Article III, Section-lO0~3]) for approval of {nsuff~cient number of parking spaces-of this preexisting business use. Location of Property: Corner of Main-Road ~nd Hobart Avenue~ S~bthold, NY; County· Tax Map P~rce] No. 1000~62.-3-~. 8:20 p.m. Appl. No. 3628 - GEORGE AND'JANE KAYTIS. Variances ~o the Zoning Ordinances'Article I.[I~ Section 100-31, Bulk Schedule, for approval of insufficient area of two proposed parcels, Lot-#1 of 40-~000 s~. ft. and Lot #2 of 1.443 acres, and .insuff~cien~ fro~t~ge of Lot #2 along Robinson Road, Southold~ N'¥; County Tax Map-Parcel No. 1000-81-03-15.4 (or 12)~ 8:35 o.m. Appl. No. 3654 ~ WILLIAM MOORE~ ESQ. BENJAMIN HERZWEIG~-~SQ. Variance to the Zon~ng-.Ord~nance, Article XI, Section 100-119.2 for permission to establish "building envelope" wit~ setbacks of not less than 38 feet from nearest wet}ands along existing two-foot contour and not less than 30-feet from-the front property l~ne Ias approved under Appl. No. '3412, June 30~ 1987).-- Location of Property: 675 Meadow Lane, Mattituck, NY; Mattituck Estates Lot No. 42~ 10Q0-115-5-7. (Reconvened ~rom 8/20/8Z). Page 3 - Legal Notice of Hearings Regular Meeting - September 10, 1987 So~thold Town Board of Appeals 8:55 p.m. Appl. No. 3653 - NORTH ROAD ASSOCIATES. (Reconvened from August 20, 1987). Variance for approval of access at Orient. The Board of Appeals will hear at said time and place ~l! 2~rs~£ or re?re?nt~ives 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 information, please call 765-1809, Dated: August 20,. 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Notice to Newspapers: ~Pl~a~ ~blish on~e, tO"witz Se~t~ 3~ 1987 and forward one affidavit or. publication to: Board of Appeals, Main Road~ Southold, 'NY. I1971. FORM TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL SubdivisiOn ................. Fried Map No ................. Lot No .................. /. - ~ . 7...~..T~ -~ --~ Building Inspector RV 1/80 },sapproved a/c . . ............................... t/ (Building Inspector) APPLICATION FOR BUiLDiNG PERM iT TOI'I/N OF SOUTHOLD ; ,, ~ BUILDING DEPARTMENT TOWN HALL i'J ~OUTHOLD, N.Y. 11971 TEL: 765q803 ~ TOWN O:' INSTRUCTIONS a. This application must be completely filled in by Wpewriter or in ink and submitted to the Building Inspector, with 3 ts of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relatin~ship to adjoining premises or public streets areas, and giving a detailed description of layout of property must be drawn on the diagram which is pa_ri of this appli- c. Tile work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such peLwait :all be kept on the premises available for inspection througimut the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Ceai_ficate of Occupancy all have been =*ranted by the B~lilding Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the ~li!ding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws~ Ordinances or egulatinns, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. he applicant agrees to comply with all applicable taws, ordinances, building code, housing code, and regulations, and to imit authorized inspectors on premises and in building for necessary inspections. (Slgma0~re of applicant, or name, ff a corporation} (Mailing address of applicant) tare whether applicant is owner, lessee, agent, architect, engineer, geueral contractor, eiectrician, plumber or builder. ......................... OI,VJ3 el' ................................................................ Jalnc of owner of premises .... .Jg.,h.r! . i.L.' . .D.e.mjg. s, .e,v ................................................. (as on the tax roll or latest deed) applicant is a corporation, signature of duly authorized officer. Buiider's License No .......................... Plumber's License No .... 0¢ o;cge. Jvlaz']t i.P, ck... Electrician's License No.. ?~.u.}.. E'&z':.~ ~ ......... Other Trade's License No ...................... Location of land on which proposed work will be done .............. ' .................................... V~ ~ywaters Drive~ Cutchogue, N.Y. House Num bet Street Hamlet County Tax/vlap No. 1000 Section .. ,1. ,0.4 ............ Block .... .5 ............. Lot. 2I Subdivision ..................................... Filed Map No ............... Lot ..: ............ (Name) . State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy vacant 1 and b. intended use and occupancy ~..* Nar'ute of work (check which applicable): New Building . o..X.X. .... Addition .......... Alteration .......... Repair r~ ~ ! '~4[jl~' Removal .............. Demolition .............. Other Work ............... · ". "' (Description) 4. Estimated Cost $400,000 Fee ..................... ~'~ (to be paid on filing this application) 5. If dwelling, number of dwelling units ~ Number of dwelling units on each floor ................ number of cars ' If garage, ........................................................................ 5. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front Rear Depth Height ............... Nu~nber of Stories ......... ' ............................................... Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ...................... 3. Dimensions of entire new construction: Front...............60' Rear ..............60 } . Depth . .,,9 ........... Height ...2~5.' ......... Number of Stories.. 2 ..................................................... -).Size of lot: Front ...1.4.0 ! ............... Rear..l£.J .................. Deptli . .289/.352 ............ 3. Date of Purchase ...1.2/.~4 ..................... Name of Former Owner Lii%da. S&owa.r.t, ............. i. Zone or use district in which premises are situated.., re,~'~ o eat x a2 ..................................... 2. Does proposed construction violate any zoning law, ordinance or regulation:nD. .............................. 3. Will lot be regraded . 210 ........................ Will excess fill be removed from premises: x Yes No i. Name of Owner of premises .J.*.. ?.e.m.~.s.ey. ....... Address ?O Box 5, Cu~ch~fi~ No..7..~.4. 6©5~ Address Phone No Name of Architect .............................................................. Nmne of Contractor .......................... Address ................... Phone No ................ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from roperty lines. Give street and block number or description according to deed, and show street na~es and indicate whether ~terior or corner lot. survey attached ;TATE OF NEW~K. ~ 'OUNTY O. ~~ .... ' ........... ~OhP..14. · ~,, p~oe$ .................... being duly sworn, deposes and says that he is the applicant (Name of indMdual signing contract) bore named. lc is the ...................... owne~ ............... .............................................. (Contractor, agent, corporate officer, etc.) f said owner or owners, and is duly authorized to perform or have performed the said wof~ and to n,.ake and file t~his pplication; that all statements contained in th~s application are true to the best of his knowledge and belief; and that the ~ork will be performed in the manner set forth ~n the application filed therewith. :worn to before me this /.~.~,. day of.~.'~. ~ , ( ~ ~ k. ~ .... (Signature ~f appiicant) TOWN OF $OUTHOLD, NEW YORK tt1 $1'8 APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS_ TOWN OF SOUTHOLD, N.Y. , (We) ../'.~.. ................................. z:..g~..~ ................ of ....~..~.9.......xZ..~.~..~.~..~(.~. .......................... Name of Appe[Icmt Street and Number ............................... ....................................... APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO..~.P..L~..~..?.~:~.. ............. DATED ....~.~'-,£..~.:,.,~.. ................................. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .......... .o. ......... ~...~..~ ........ ;.4.!?....~.. ....................................... Street /Hamlet / Use District on Zoning Map 000 e tion ,lockO/,ot _ . ................................................ ~. ........................... ;.....uurren~ Owner t~...,#s Mop No. Lot No. Prior Owner ~ ~ ~ [-/oc,~e$ 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~,~-tl¢oz-cSection ~o~- F,~- ~ l f~ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) :: C'~:; A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has)~k~s n.ot~ been made with respect to this decision of the Building Inspector or with respect to thi~ property. Such appeal was ( ) request for e 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 ~s requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical d 2. The hardship created is UNIQUE and is not shared by oll properties alike in the immediate vicinity of this property and in this use district because '--/~ ~rr~,,* ~6~c~' /s ,~,,~ /,~/ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ........ ................................ ~/Signature Sworn to this ........ .~...~...,'~... ........................... day .............................. Notary/v/Public MARY ANN CYBULSKI NOTARY PUBLIC, State of New York Re,cling m Su~lk County No 52~ ~g OWNER :TREET FORMER OWNER N S VILLAGE ST.~ SOB. LOT W ~2 TYPE OF BUILDING RF SEAS. :-AND IMP. DATE NEW FARM AGE TiIlable 1 'lqtlable 2 Tillable 3 Vg FARM ~FOTAL NORMAL BUILDING CONDITION CB. MISC. Mkt. Value REMARKS BELOW ABOVE ~,'~ue Per Value Acre Woodlond Swompland FRONTAGE ON WATER Brushlond FRONTAG'E ON ROAD House Plot DEPTN Total BULI<HFJkD DOCK M. Bldg. Extension Extension Extension Porch Porch Gm-o§e Patio Total Foundation Basement Fire Place Type Roof Recreation Dormer J Both Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floc, Dinette LR. DR. BR, FIN. B. 0 i: ~f//' '*°'' / ,~ff / / / / ~.~. / ~ ~ .~ .. . - ./ / , F/AP OF LAI~D THOMAS ~ SMITH C UTC HO~UE TOV~N OF ROOER~CK VANTUYL, r~C TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, SEPTEMBER 10, 1987 Appl.-No. 3662 Applicant(s): THOMAS AND FPJkNCES SMITH Location of Property: 200 Haywaters Drive, :Cutchogue County Tax_Map ID No. 1000- 104_ 05- 19 Board-Members present were: Chairman Goehringer P. Goehringer, Members Serge Doyen, Jr., Robert J. Douglass and Joseph H. Sawicki. Absent was: Member Charles Grigonis, Jr. The Chairman opened the hearing at 8:03 o'clock p.m. and read the notice of hearing and apPlication for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey dated August 3,r1987 indicating t~e proposed one-story dwelling showing the addition and the deck added to the rear of the addition and encompassing a portion of the garage. And I have a copy of the Suffolk County Tax Map indi- cating this and surrounding properties in the area. Is there somebody who would like to be heard? Either Mr. or Mrs. Smith? Mr. Smith, how big is the deck? MR. SMITH: The deck would be extending 12 feet out from the rear ad- dition. CHAIRMAN: How big is the addition? MR. SMITH: The overall addition? CHAIRMAN: The whole addition, approximately. MR.. SMITH: About 800 square feet. CHAIRMAN: And in reference to size of that, is 20 by 40? MR. SMITH: It would be 20 by 30. CHAIRMAN: So then, the deck is a little bit longer than 30 to go back to the garage. Is that correct? MR. SMITH: Right. It's going to extend out and wrap around the ga- rage. It will be less than that. It will be just about 30 because it's not going to go all the way over to the other side of the steps. Page 2 - Smith Hearing ~Z.B.A. - 9/10/87 CHAIRMAN: Then it would be offset. MR. SMITH: It would be less than that. CHAIRMAN: What would you have in the sideyard on the Moon side with the Moon as your neighbor which would really... I see 11½ feet. Is that what you will have left, approximately, on the side- yard if you were to put the deck on? MR. SMITH: No. It would be more than that. Because if you're going down past there, it's 11½ feet as it is now even with the foundation. CHAIRMAN: I think that's what the arrow points and that's the rea- son I asked the question. It was a little unclear. MR. SMITH: ten feet. The deck won't go out, it will be an additionally (maybe) CHAIRMAN: And the deck itself is a service deck. closed and so on. It will not be en- MR. SMITH: No. Just a deck. CHAIRMAN: Do you have any objection to a covenant indicating that there be no further additions into that sideyard area on Mr. and Mrs. Moon's side of the house. Again, which is basically northwest to a certain degree. So that you can get to your rear yard if you have any problem with it. You don't have any objection to that? MR. SMITH: No. CHAIRMAN: Now, what has happened here, you have built the addition here and you have stopped construction at this particular time? MR. SMITH: Yes. CHAIRMAN: Pending decision from this Board. constructed at all to my knowledge when I had is the addition going to be? And the deck has not been looked at it. And what MR. SMITH: It's going to be a den, a master bedroom, a bathroom. CHAIRMAN: One-story? MR. SMITH: One-story, yes. CHAIRMAN: And I suppose that you're quite timely on this thing and you want to get it going before the winter also. Alright. We thank you very much. Is there anybody else who would like to speak in favor of this application? Kindly state your name for the record. · sPage 3 Smith Hea ~g Z.B.A. 9/10/87 MR. PAUL KRADEMSY: I live two houses away at 470 Haywaters Drive. I've lived there since April of last year.and have seen what's go- ing on and I have no objections. CHAIRMAN: Thank you very much. Is there anybody else who would like to speak in favor of the application? Anybody like to speak against the application? Questions from Board members? Hearing no further questions, I'll make a motion reserving a decision until later. Ail in favor - AYE. 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 TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 25, 1987 Mr. Thomas Smith P. O. Box 492 Cutchogue, New York 11935 Re: 200 Haywater Drive, Cutchogue Dear Mr. Smith~ The following action was taken by the Board of Town Trustees during their regular meeting held on S~eptember 24, I987 regarding the above matter. WHEREAS, Thomas J. & Frances M. Smith requested a Waiver of the Wetland Ordinance for the construction of a deck onto a new addition on property located at 200 Haywater Drive, Cutchogue, 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 30' x 12' open deck onto a new addition on an existing residence. 2. The subject property is located at 200 Haywater Drive, Cutchogue. 3. The project will not affect the health, safety and general welfare of the people of the town. Now, therefore, be it RESOLVED that Thomas J. & Frances M. Smith be and hereby are granted a Waiver of the Wetland Ordinance as requested to construct a deck onto a new addition on an existing residence on property located at 200 Haywater Drive, Cutchogue as long as the fill is graded back landward so as to prevent any leaching into the waterway. 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 - Thomas Smith Page 2. Very truly yours, Henry P. Smith, President Board of Town Trustees cc: Commissioner Thomas C. Jorling, D.E.C., Albany 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 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK MICHAEL A. LO(~RANDE 5LiFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN October 2, 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) T6rucio Frankola homas & Frances Smith 3648 3662 Very truly yours, Lee E. Koppelman Director of Planning GGN:gcc S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.L* NEW YORK 1178B {516) 360-5192 Southold Town Board of Appeals MAIN ROAD- STATE ROAD ZS SOUTHE)LD, L.I., N.Y. TELEPHONE (516) 765 1809 APPEALSBOARD 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 Southold, New York, hereby refers the following to the Suffolk County Planningi~mmission: 100-31 ×× Variance from the Zoning Code, Article×I , SectionlO0-119.2 III 100-32 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3662 Applicant: Mr. and Mrs. Thomas J. Smith Location of Affected Land: 200 Haywaters Drive, Cutchogue, HY County Tax Map Item No.; 1000- 104-5-19 Within 500 feet of: Town or Village Boundary Line __~X___ Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, ttighway, lhruway Boundary of Existing or Proposed County, State or Federally Owned Lan 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 Draina!je Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plan[ Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to (a) Insufficient side- yard of qaraqe (if a~tached) (b) Setback from seawall for deck (c) Garage as an accessory structure in sideyard as an alternative. Copies of Towrl file and related documents enclosed for your revi,,w. Dated: Sept. 25, 1987 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.l., N.Y. 1'19'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI September 21, 1987 Mr. and Mrs. Thomas J. 200 Haywaters Drive Cutchogue, NY 11935 Smith Re: Appl. No. 3662 - Variance Dear Mr. and Mrs. Smith: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to return to the Building Department*for issuance of any permits or other approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, Enclosure Copy of Decision to: Building Department Board of Town Trustees Suffolk County Planning GERARD P. CHAIRMAN By Linda Commission GOEHRINGER Kowalski (*and Board of Town Trustees Office) HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 11, 1987 TELEPHONE (516) 765-1892 Mr. Thomas Smith P. O. Box 492 Cutchogue, New York 11935 Re: Haywaters Drive, Cutchogue, New York Dear Mr. Smith: Pursuant to this office receiving information from the Zoning Board of Appeals regarding the above referenced property, please be advised that you will also need permission from the Board of Trustees for this project. The Trustees will be making field inspections on September 16, 1987. Should you wish to have this matter reviewed by the Board on that date please submit the attached application by September 14, 1987. Should you have any questions or concerns, please contact this office at 765-1892. The Trustees will hold their regular meeting on September 24, 1987. Should you wish to request a waiver for this project an inspection will have to be made on September 16, 1987. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS :ip Attachment Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 APPEALBBOARO Sept. 10, 1987 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLESGRIGONIS, JR. S.E.Q.R.A. SERGE DOYEN, JR. ROBERTJ. DOUG~SS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWlCKI Notice of Determination of Non-Significance APPEAL NO.: 3662 PROJECT NAME: THOMAS AND FRANCES SMITH This notice is issued pursuant to P~rt 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold~ This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that ·this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II DESCRIPTION OF ACTION: (a) Insufficient attached) (b) Setback from seawall for deck structure in sideyard as an alternative LOCATION OF PROJECT: Town of Southold, particularly known as: 200 Haywaters Drive, 1000-104-5-19 [ ] Unlisted [ ] sideyard of garage (if (c) Garage as an acceesory County of Suffolk, more Cutchogue, NY 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 in- 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, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. (3) The relief requested is a setback variance as regulated by section 617.13, 6 NYCRR, SEQRA mc NOTICE OF' HEARING~/7 NOTICE 1S HEREBY G~V- 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 Southold · Town Hall, Main Road, Southold, NY on THURSDAY, SEPTEMBER l0t 1987 at the following times: 7:35 p.m. AppL No. 365t- DEAN KAMEN. Variances Io the Zoning Ordinance. Articles: la) IlL Section 100-32 as toex- cessive height,lb) XI, Section ,100-119.2 as to insufficient set- back from ordinary highwate~,, mark of Long Island Sound, a proposed wind-turbine- _structed landward or near ex- isting granite m6nollthic struc- ture. Locatiot/ of Property: North Dumpling Island, NY; County Tax Map Parcel No. 1000-130-01-004. ~TH?:40 p.m. Appl. No. OMAS AND FRANCES SMITH· Variances to th6 Zon- ing Ordinance, Articles: la) HI, Section 100-3!, Bulk Schedule, as to an insufficient sideyard set- back of garage, to principal dwelling structur~ with raised open-deck construc- tion, lb) XI, Section 100-119.2 rotan existing seawall landward of wetland area for proposed deck addition, lc) 111, Section 100-32, for approval of garage as an ac- cessory structure in the sideyard area as an alternative to at-' taching same todwelling struc- ture. Location of Property: 200 Haywaters Drive, Cutchogue, NY; County Tax Map Parcel No. 1000-104-05-19. 7:45 p.m. AppL No. 3622: CHRISTIAN B. SALMINEN. ' Variance to the Zoning Or- dinance, Article XI, Section 100-119.2 for permission to con- struct deck addition to dwelling and accessory stairs, both with an insufficient setback from edge of Marion Lake, or land~ ward edge of freshwater wetland, whichever is closer. Location of Property: 240 Lakeview Terrace, East Marion, NY; County Tax Map Parcel No. 1000-31-945. 7:50 p.m. Appl. No. 3658- PAUL AND CORR1NE FERDENZI. Variance to the Zoning Or- dinance, Article 111, Section 100-32 for permission to locate accessory building in frontyard area. Location of Property: 470 Haywate. rs Drive, Cutchogue, NY: County Tax Map Parcel No. [ 7:~.m. Appl. No. 3665- LEhnl~K BUILDING COR~ ,. Variance to the Zoning Or),)' dinance, Article"Ill, Section iOLK ss: 100-31, Bulk Schedule, for approval of construction of open deck with an insufficient rearyard setback'at 360 Sebas- I ' ' tian's Cove Road. Sebastion CoveLotNo. 5. Mattituck, NY. eing duly sworn, says that she is the County Tax Map Parcel No. NG ISLA'ND TRAVELER-WATCHMAN, 1000q00-03-11.8. printed at Southo[d, in Suffolk County; 8:05 p.m. Appl. No. 3593- QUIET MAN INN lReconven- of which the annexed is a printed copy, ed from May 21,1987). Variance n said Long Island Traveler-Watchman to the Zoning Ordinance, Arti. / weeks cie VII, Section 100-71, Bulk ......................... Schedule. for permission to con- struct additio~ in this "B-I" - ........... ncing on the ...................... ; General Business'Zontng District with an insufficient frontyard setback from the0~ ..., ]9 ..... westerly property line along~- Hobart Avenue. Location o~' Property: Corner of Main Road ................... and Hobart Avenue, Southold. NY: County Tax Map Parcel No. 1000-62-3-7. 8:10 p.m. Appl. No. 3659- QUIET MAN INN. Variance to the Zoning Ordinance, Article me this ..................... day of XI, Section 100-112 (and Arti- cle. 111, Section 100-31) for ap- ~ ] 9 ~ '''/ proval of insu ffic~ent number of ....... , ..... parking spaces of this pre- : business use. Location °f Pr°perry: C°rner °f Main ~;~..6 ~L.- and Hobart Avenue, SOuthold, NY; County Tax Map ,' "'~"~ . Parcel No. 1000-62-3-7. 8:20 p.m. Appl. No. 3628- Notary Public JANF KAYTI~;, Variances to the Zon-/ BARBARA FORBES ing Ordinance, Article III, Sec- ~'totary Public, SLate of New York tion 100-31, Bulk Schedule, for No. 45068~6 Qualified in Suffolk County · approval of insufficient area of Commission Expires ~,o~ .~/ 19 aa'J> two proposed parcels, Lot No. I of 40,000 sq. ft. and Lot No. 2 of 1.443 acres, and insuffic e t frontage of D~t No. 2 along Robinson Road, Southold, NY; '- County Tax Map Paree[ No. 1000-81-03-15.4 (or 12). 8:35 p.m. Appl. No. 3654- WILLIAM_ ~ AND BENJAMIN HERZ- .WEIG, ESQ. Variance to the Zoning Ordinance,Article XI, The Board of Appeals will Section 100-119.2 for permission hear at said time and place all to establish "building envelope" persons or representatives desir- with setbacks of not less than 38 ing to be heard in each of the feet from nearest wetlands above matters. Each hearing will along existing two-foot contour not start before the time allot- and not less than 30 feet from ted. Written comments may be the front property line (as ap- submitted prior to the conclu- proved under Appl. No. 3412, sion of the subject hearing. For June 30. 1987). Location of more information, please call Property: 675 Meadow Lane, 765-1809. Mattituck, NY; Mattituck Es- Dated: August 20, 1987 tares Lot NO. 42; 1000-115-5-7. BY ORDER OF THE {Reconvened from 8/20/87). SOUTHOLD TOWN '- 8:55 p.m. Appl. No. 3653- ¢'1 BOARD OF APPEALS .NORTH ROAD.ASSOCIATES./ J GERARD P. GOEHRINGER, (Re*onvened from August 20, I CHAIRMAN 1987)· Variance for approval of ~ Linda Kowalski, access at Orient. t Board Secretary, ' - IT-9/3/87(3 I)" Legals NOTICE OF HEARINGS NOTICE IS HEREBY ~IVEN, pursuant to Section 267 ,f the Town L~w and the Code of he Town dfseuthold, the follow- earings will be held by the HOLD TOWN BOARD PPEALS at a Regular ~leeting at the Southold Town tall, Main Road, Seuthold, New (ork, on THURSDAY, rEMBER 10, 1987 at the fol- owing times: 7:35 p.m. Appl. No. 3651 - lEAN KAMEN. Variances to he Zoning Ordinance, Articles: a) III, Section 100-32 as to ex- essive height, lb) XI, Section 100-119.2 as to insufficient set- /ack from ordinary highwater hark of Long Island Sound, of a ~roposed wind-turbine-generat- ng tower to he constructed land- yard or near existing granite nonolithic structure. Location of 'roperty: North Dumpling and, NY; County Tax Map Par-: Oo. 1000-130-01-004. 0 p.m. App]. Ns. 3662~.~ MAS AND.. FRANCE~ ;MITH. Variances to the Zon-' ng Ordinance, Articles: Iai II/, ;action 100-31, Bulk Schedule, s to an insufficient sideyardI etback of garage, when at- ached to pr ncpal dwel ng tructure with raised open-deck onstruction, (b) XI, Section 100- 19.2 for an insufficient setback rom existing ~eawall landward ,f wetland area for proposed !eck addition, lc) III, Section 00-32, for approval of garage as ~n accessory structure in the ddeyard area as an alternative o attaching same to dwelling ~tructure. Location of Property: !00 Haywaters Drive, Cutch- ogu~e,, N Y; CoUnty Tax Map Far-'-'~ cel No. 1000-104-05-19. /J 7:45 p.m. Appl. No. 3622 - CHRISTIAN B, SALMINEN. Variance to thc Zoning Ordi- nance, Article XI, Section 100- 1192 for permission to construct deck addition to dwelling and ac- cessory stairs, both with an in- sufficient setback from edge of Marion Lake, or landward edge of freslYvater wetland, whichever is closer. Location of Property: 240 Lakeview Terrace, East Marion, NY; County Tax Map Parcel No. 1000-31-9-15. 7:50 p.m. Appl. No. 3658 - PAUL AND CORRINE FER- DENZI. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory building in frontyai~ area. Location of Property: 470 Haywaters Drive, Cutchogue, NY; County Tax Map Parcel No. 1000-104-5.21. 7:55 p.m. Appl. No 3665 - LEHESK BUILDING CORP. Variance to the Zoning Ordi- nance, Article III, Section 100- 31, Bulk Schedule for approval of construction ofo~n deck wit¥ ~ an insufficient ~ard setback at 360 Sebastian's Cove Road, QUIET MAN INN. Variance to the Zoning Ordinance, Article X1, Section 100-112 (and Article III, Section 100-31) for approval of insufficient number of park- ing spaces of this preexisting I business use. Location of Prop- ~ arty: Corner of Main Road and Hobart Avenue, Seutbeld, NY; County Tax Map Parcel No. 1000-62-3-7. 8:20 p.m. Appl. No. 3628 - GEORGE AND JANE KAYTIS. Variances to the Zon- ing Ordinance, Article III, Sec- .~. tion 100-31, Bulk Schedule, for approval of insufficient area of two proposed parcels, Lot #1 of 40,000 sq. ft. and Lot #2 of 1.443 acres, and insufficient frontage of Lot #2 along Robinson Road, Seutbeld, NY; County Tax Map Parcel No. 1000-81-03-15.4 (or 12l. 8:~5 p.m. Appl. No. 3654 - WILLIAM MOORE, ESQ. and BENJAMIN HERZWEIG, ESQ. Variance to the Zoning Ordinance, Article X! Section 100-119.2 for permission to es-/ toblish "building envelope" with setbacks of not less than 38 feet from nearest wetlands along bxisting two-foot contour and Sebastian Cove Lot No. 5, Mat* ~ not less than 30 feet from the tituck, NY; County Tax Ma~'fro~t Vebpei'ty line ~as approved Parcel No. 1000-100-03-11,8. under Appl. No. 3412, June 30, 8:05 p.m. Appl. No. 3593 - QUIET MAN INN (Reconvened from May 21, 1987L Variance to the Zoning Ordinance, Article VII, Section 100-71~ Bulk · Schedule, for permission to con- struct addition in this General Business Zoning Dis- trict with an insufficient fron- tyard setback from the westerly property line along Hobart Av- enue. Location of Property: Corner of Main Road and.Hobart Avenue Seuthold, NY; County Tax Map Parcel No. 1000-62-3-7~ 8:10 p.m. Appl. No~ 36~9~' 1987L Location of Property: 675 Meadow i~ne, Mattituck, NY; Mattituck Estates Lot No. 42; 1000-115-5-7. IReconvenod from 8/20/87t. 8:55 ~.m. 'Appl. No. 3653 - NORTH ROAD AS- SOCIATES. (Reconvened from August 20, 1987L Variance for approval of access at Orient. The Board of Appeals will hear at said time and place all persons or rep~:esentatives desir- ing to be heard in each of the above matters. Each hearing._ will not start before the time al- lotted. Written comments May be submitted prior to the conclu- sion of the subject hearing. For more, information, please call 765-1809. Dated: August 20, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretory ITS3-5700 ! i ~ ~-~. STATEOF NEWYORK ) ! SS: COUNTY OF SUFFOLK ) (],r~r~l Ann ~n',~'~l~ta of Greenpo~, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenpo~, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for ~__~ weeks successJvety, commencing on the ] dayof September 19_~_ Sworn to bef~e me this ~ d~ of ~ ~9~ MARY K. DEGNAN . Y~ /--_/~' NOTARY PUBLIC, State of New York APPEALS BOARD MEMBERS GERARD P. GOEHRtNGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE 'ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 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~lv_~ .~ GI~RARD P. GOEHR~NGER ~/z CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk Page 4 Notice of Hearings Southold Town Board of Appeals Regular Meeting - September 10, 1987 Mr. Copies Mailed to the following on or about 9/1/87: Mr. James R. Maher, c/o 1874 Associates Mr. Dean Kamen 340 Commercial St., Manchester, NH 03101 Mr. John H. Thatcher, Jr., President, F.I. Conservancy, Inc. · ox 553, Fishers Island, NY 06390 ~ P.O. Box 132, Green Village, NJ 07935 and Mrs. Thomas Smith, 200 Haywaters Drive, Cutchogue 11935 and Mrs. Christian B. Salminen Box 595, 320 Lakeview Terrace, East Marion, NY 11939 Mr. and Mrs. Paul Ferdenzi, 470 Haywaters Dr, Cutchogue~ NY 11935 Lehesk Building Corp., Box 900, Mattituck, NY 11952 Neighbors: Twin Fork Fence & Siding, Mattituck, NY 11952 William D. Moore, Esq. for Quiet Man Inn & Moore & Herzweig Clause Commons, Suite 3, Box 23, Mattituck, NY 11952 Mrs. Ellen Larsen, North Road~ Southold, NY (opp. Moore & Herzweig) Mr. Thomas Reilly, Pres~, Matt. Estates, Mattituck (opp. " " ") Patricia C. Moore, Esq., Edson and Bruer for Main Road, Southold, NY 11971 Mr. Edward Linker, Box 791, Orient, NY 11957 North Road & Geo. Kaytis (Also to Mr. Dean Kamen, 44 Gage Road, Bedford, NH 03102) DIST. tO00, SECT. I0~1, BL~t( F~ LOT Ig. "~/ T~O~ E SMITH BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~[~ariance),(Special Exception) (Special Permit) (Other) [e±rele eho±ce] 2. That the property which is the subject of the,Petition is located adjacent to your property a~d is des- cribed as follows: 3. That the pr%~perty which is the subject of s.u. ch Petition is located in.the fpllowing zoning district: 4. That by such Petition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code ap~plicable to the relief sought by the under- signed are ;~'ticle /~-//?-,~-~' ~:~-t_ic:~. /~-/~-~-~,/ ~? [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-wa~v. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ~ ?~'/~- ~ 7 Petitioner Owners' Names: offi PROOF OF MAILING OF NOTICF :H CERTIFIED MAIL RECEIPTS STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: C'~-Z-c-,~,-.~L~ ~/J/~-~ , being duly sworn, deposc~ and says that on the /r~'/A~day of ~-.~.A~' / ,19 ~'~' , deponent mailed a true copy of the Notice set forth on the re- verse side hgreof, 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 at ~"o,...*'~./oc~ (certified) (registered) mail. Sworn to. Ja~fore me this /~'~L day of ~ ,19 ~ ~ Notary Pd~lic ;that said Notices ~7~mailed to/~ of said persons by MARY ANN CYBULSKi ~OTRRY PUBLIC, Stale ol New Yor~, R~dmg in Sultolk Count~ No 52-SigSg~0 (This side does not have to be completed on form transmitted to adjoining property owners.) (~) I~ order %o ~swor tho quo~t, lon:l in thiu :d~ort EAI" 1~ ~s annum,~d that tho [rop~ror will u~ ccrr~n~17 avallabl~ info~tlon concoz-ning tho project an~ tt, o ~y ~paC%3 01%ho action, I~ 13 not uxpectud that addltl(,w~[ 3tudioe~ rocearch (C) ~f all quuation~ h~vo been answered Uo i% t3 likely not 1, W~i proJcc: ro~% In a lar'go phynicnl %o the project ~i%o or physically niter more than 10 acres of land? , · , .... 2. Will thoro bo a ~Jor chnngo %o 0.7 ,mtquo o~ ~R~3u~i land fo~ found o~ tho 3ltc? W~I proJec~ altoror have a lar&~ uff,ct on an oxl3~1ng bed7 of water? · . . W~I pro~ec~ have a poton~lall7 largo lmpncb o~ W~i project sl~ificantly, off,~ct drainage fl~,, Will pro,oct affoc~ any t[~on~un,,d or endangered -plant or animal spccle~'? , ' * 'f~:'~ 7.W~i pro~o~ restS% in a ~ra3or .dvnr:,e effect on W~i pro~ec~ haw'a ~'nJor effect cn vtaual cht~r-- Will pro~ advo~soly lnpac~ an7 site or importance or any site dosigna~ed a:~ a critical ~nvironmon~l area by a local a~luncy? . · . 10. W~i pro3~ct haw a m~o~. ~ffoct on ~xlu~g or future r~creattonal opport~ttl,~a7 . · . -- Yc~ ~ ~;o ~11. Will pro3oct,r~ul%' in ~%3ar tr3fflc problcm:~ 12. Will ~ro3oc~ reg~arly cau::o .bJectionable noln~, glare, vibration, or ciectr~cal <ll:;~urt... anco as a ros~ of tko pro~ect'u ~;per;ttion? . Will pro3oc~ have any impact oa imbllc health o~ %1o~ el' ~OrO gha~ ~ J)ol'C(~a~ O','of a QUESTIONNAIRE TO BE COHPLETED ArID SUBI.IITTED WITH ~-~R- APPLICAf~-o~T -FO~ ¥~ ~TI~ 'B-~A--~- -OF ~-~-PEALS 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 F/ 2.a) *b) 2. Are there any areas which contain wetland grasses? / (Attached is a list of the wetland grasses defined by ~o~n Code, Ch. 97 for your reference.) Yes No 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 ~ 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 level? State total: ft. Yes Are there other premises under your ownership abutting this parcel? If.yes, please submit copy of deed. Yes Are there any building permits pending on this parcel (or abutting land under your ownership,-if any)? State Permit # and Nature: Yes 10. 11. 12' 9. Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning. Board Yes Town Board Yes Town TrUstees Yes County Health Department Yes Village' Of Greenport ~' Yes N.Y.S.D.E.C. Yes Other Yes Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale.(from contract). Yes Is new construction proposed in the area of contours at 5 feet or less as exists? Yes If new construction is proposed in an area within 75 feet of wetland grasses, or land area at a~ eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under Yes the requirements of Ch. 97 of the Town Code? 13. Please list present use or oper~.~ions conducted subject property at ~his time and proposed ~(~S~,~Fi,~._.'' *Please submit upon the photographs for the record. I certify tha~ the above_statements are true and are being submitted r~~h° Board o,f ippeals in considering my application. Sigl~_~e' (Proper~y O,.~n~r) (Authorized 'Agen[) for 3/3,7 1 k · C. § 97-13 WETLANDS § 97-13 TOWN -- The Town of $outhold. TRUSTEES -- Tho Board of Trustees of tho Town of Southold. [Added 6.5-64 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, whie_h at mcun low title arc covered by tidal watcr:l to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other 'Iow lying lands subject to tidal action; (2) All banks, begs, meadows, flats and ti{lal marsh subject to such tides sod upon which grows or may grow some or any of the following: salt hay, blael{ grass, saltworts, sea lavender, tall cordgrass; high bosh, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal ~'vetland as defined ill Subsection A(2) and b'ing within seven- ty-five (75) feet hmdward of the m.:~t landward edge of such a tidal wethmd. B. FREStlWATER WETLANI)S: (1) "Freshwater wetlands" as defined in Article 2.1, Ti- tle 1, § 2.1-0107, Subdivisions l(a) to l(d} inclusive, of the Environment~d Conservation Law of {.ho State of New York; and (2) All land immedlately adjacent to a "freshwater wet- land," as def/oed iu Subsection B(1) nmi lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 97O5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION / ooo.. IO PERMIT ' PERMIT NO. 10-85-0210 UNDER THE ENVIRONMENTAL CONSERVATION LAW ARTICLE 1S, (Protection of Water) [] ARTICLE 2S, (Tidal Wetlands) ARTICLE 24, (Freshwater Wetlands) [] ARTICLE 36, (Construction in Flood Hazard Areas) PER~IT ISSUED TO John Dempsey ADDRESS OF PERMITTEE P.O. Box 5, Cutchgoue, NY 11935 LOCATION OF PROJECT (Section of stream, tidal wetland, dam, building) Mud Creek, Haywaters Drive, Cutchogue, Town of Southold, Suffolk DESCRIPTION OFPROJECT Construct a one family dwelling, driveway, deck,sanitary system, 180' X 4' fixed elevated catwalk 3.5' above grade, 16' X 4' hinged ramp and a 16' X 6' float secured by two (2) 8" diameter X 20' pilings. The southwest corner of the house shall be setback a minimu of 67' landward from the landward boundary of the tidal wetlands, while the northwestern corner of 'the house shall be setback a minimum of 71' fromthe aforementioned wetland boundary which '~ was established by this Department on April 2, 1985. COMMUNITY NAME (City, Town, Village) TOWN Cutchogue Southold COUNTYsuffolk FIA COMMUNITY NO. DAM NO. GENERAL CONDITIONS 1. The permittee shall file in the office of the appropriate Regional Permit Administrator, a notice of intention to commence work at least 48 hours in advance of the time of commencement and shall also notify him promptly in writing of the completion of the work. 2. The permitted vmrk shall be subject to inspection by an authorized representative of the Department of Environmental Conservation who may order the work suspended if the public interesl so requires. 3. As a condition of the issuance of this permit, the applicant has ac- cepted expressly, fly the execution of the application, the full legal respon- sibility for all d~mages, direct or indirect, of whatever nature, and by whom- ever suffered, arising out of the project described herein and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from the said project. 4. Any material dredged in the prosecution of the work herein permitted shah be removed evenly, without leaving large refuse piles, ridges across the bed of the waterway or flood plain or deep holes that may have a tendency to cause injury to navigable channels or to the banks of the waterway. 5. Any material to be deposited or dumped under this permit, either in the waterway or on shore above high-water mark, shall be deposited or dumped at the locality shown on the drawing hereto attached, and, if so prescribed thereon, within or behind a good and substantial bu[kheod or bulkheads, such as will prevent escape of the material into the waterway. 6. There shall be no bnreasonable interference with navigation by the work herein authorized. 7. That if future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause, unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or loss or'destruction of the natural resources of the State, the owner may be ordered by the Depart- ment to remove or alter the structural work, obstructions, or hazards caused thereby without e~(pense to the State; and if, upon the expiration or revocation of this permit, the structure, flU, excavation, or other modification of the watercourse- hereby authorized shall not be completed, the owners 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 portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. NO claim shall be made against the State of New York on account of any such removal or alteration. 95-~0-4 (9/75) (SEE REVERSE SIDE) 8. That the State of New York shall in no case be liable for any or injury to the structure or work herein authorized which may be caused by result from future operations undertaken by the State for the conservation improvement of navigation, or for other purposes, and no claim-bt right t · compensation shah accrue from any such damage. 9. That if the display of lights and signals on any work hereby authorize is not otherwise provided for by law, such lights and signals as may be pr~ scribed by the United States Coast Guard shall be installed and maiutaine by and at the expense of the owner. 10. All work carried out under this permit shall be performed in acco dance with established engineering practice and in a workmanlike manner. 11. If granted under Articles 24 or 25, the Department reserves the rigl to reconsider this approval at any time and after due notice and hearing continue, rescind or modify this permit in such a manner as may be found be just and equitable. If upon the expiration or revocation of this permit, th modification of the wetland hereby authorized has not been completed, th applicant shall, without expense to the State, and to such extent and in suc time and manner as the Department of Environmental Conservation may requir~ remove all or any portion of the uncompleted structure or fill and restore th site to its former condition. No claim shah be made against the State of Ne, York on account of any such removal Or alteration. 12. This permit shall not be construed as conveying to the applicant an right to trespass upon the lands or interfere withthe riparian rights of other to perform the permitted work or as authorizin8 the impairment of any right~ title or interest in real or personal property heJd or vested in a person not party 1o the permit. 13. The permittee is responsible for obtaining any other permits, al: provaJs, lands, easements and rights-of-way which may be required for project. 14. If granted under Article 36, this permit is granted solely on the bast of the requirements of Article 36 of the Environmental Conservation Law an Part 500 of 6 NYCRR (Construction in Flood Plain Areas having Special Finn Hazards - Building Permits) and in no way signifies that the project will b free from flooding. 15. By acceptance of this permit the permittee agrees that the permi is contingent upon strict compliance with the special conditions on th reverse side. SPECIAL CONDITIONS 16. In order to protect the values of the affected wetland a permanent vegetated buffer zone shall, be preserved. There shall be no disturbance to the existing .natural vegetation or topography within an area extending 50' landward of the wetland boundary established April 2, 1985. "~ SEE ATTACHED CONDITIONS A - J PERMIT ISSUE DATE April 17, 1985 Alternate . ICharles T. Hamilton '' Bldg. 40, SUNY--Room 219.. Stony Brook, NY 11794