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HomeMy WebLinkAbout3582 Southold Town Board of Appeals blAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3582 Application Dated November ]9, 1986 TO: Mr. and Mrs. Larry Stahl 1435 West Road Cutchogue, NY 11935 Mr. Arthur Siemerling as Agent [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on May 1], ]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 [X] Request for Variance to the Zoning Ordinance Article XI, Section ]00-]]9.2(8) Request for Application of LARRY AND SANDRA STAHL for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2, for permission to construct swimmingpool, deck and fence enclosure, within 75 feet of tidal wetlands, or tidal water, whichever is greater, at 1435 West Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-07-26. WHEREAS, a public hearing was held and concluded on April 23, 1987 in the Matter of the Application of LARRY AND SANDRA STAHL under Appeal No. 3582; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. By this application, appellants request a Variance from the Provisions of Article XI, Section 100-119.2(B) for permission to construct an inground pool of a size 20' by 40', open deck areas, and fence enclosure with an insufficient setback (at its closest point) to the highwater mark at 32 feet. The setback of the pool is shown to be not less than 36 feet from the ordinary highwater mark. 2. The premises in question is located along the south side of West Road, Cutchogue, more particularly identified on the Suffolk County Tax Maps as District 1000, Section llO, Block 7, Lot 26, and contains a total area of one acre. 3. The subject premises is located in the "A-40" Residential and Agricultural Zoning District and is improved with a single- family, two-story framed dwelling with porch areas, having a setback of 34+ feet from the ordinary highwater mark as shown by survey prepared November 25, 1980 by Roderick VanTuyl, P.C. DATED: May 15, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOW~N ZONING BOARD OF APPEALS Pa'ge 2 Appeal No. 3582 M2tter of LARRY AND SANDRA STAHL Decision Rendered May ll, 1987 4. The site in question is devoid of vegetative cover along the water side and is adjacent to Wickham Creek. Soils on the site are mapped as filled land, dredged material. This soil con- sists mainly of coarse sands with gravel and shell fragments. Slopes on the site are flat; however, along the creek there is a short steep slope of approximately a 1.5 feet horizontal to 1 foot vertical, which extends from slightly above the highwater line, up to the yard elevation. The proposed pool would be approximately 12 feet away from the top of this slope. Along the toe of the slope there is a wooden fence-like structure (or rip-rap type) with horizontal planks. The lowest plank is partially buried about 4-5 inches deep on the creek side~ Under storm conditions and/or during Spring tides, scouring may be caused along the lowest plank and would undermine ~t, possibly jeopardizing the stability of the slope. 5. It is the opinion of this Board that an alternative and very similar location in the rearyard with a setback of not closer than 40 feet to the wooden (rip-rap type) structure, or retaining wall, or the ordinary highwater mark, whichever is closer, is more feasible under the above circumstances. The deck areas between the house and pool can be reduced is size without difficulty, or in the alternative, a smaller pool can be considered. 6. It is noted for the record that by Building #10587Z, the existing dwelling was constructed, and the difficulties are self-imposed. Permit accordingly, 7. In considering this appeal, the board also finds and determines: (a) the relief requested is substantial in relation to the requirements, being a variance of 57 percent; (b) the relief as requested is not the minimal necessary; (c) the difficulties claimed are sufficient to warrant the granting of alternative relief, as noted below; (d) there is another method feasible for appellants to pursue other than a variance; (e) the circumstances of the property are unique; (f) the granting of this alternative relief is within the spirit of the zoning ordinance and criteria set by the Courts; (g) the difficulties claimed are self-imposed, particularly to the location of the dwelling with a setback from the front (road) property line at more than 100 feet; (h) in view of the manner in which the difficulties arose and in view of the above factors, the interests of justice would be served by granting the alternative relief, as indicated below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance under the Provisions of Article XI, Section 100-119.2 for permission to construct pool, deck areas, and fence enclosure, in the Matter of the P2~e 3 - Appeal No. 3582 Matter of LARRY AND SANDRA STAHL Decision Rendered May il, 1987 Application of LARRY AND SANDRA STAHL, under Appeal No. 3582, SUBJECT TO THE l~-O-[1]-O$/IN C ND I S: 1. No construction closer than 40 feet to the existing retaining wall, or ordinary highwater mark, whichever is closer; 2. Placement of railroad ties or similar material approved at a minimum depth of three feet below grade along the south and east sides (facing water); 3. No runoff or discharge of pool waters into waterway and Cove areas; 4. No overhead or obstrusive lighting (lights to be shielded to the ground); 5. Minimum setbacks on all other property lines as required by Code (particularly the southeast property line). [Column A-40 of the Zoning Code presently requires a minimum of 15 feet in one sideyard, minimum of 20 feet in the other sideyard.] Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Sawicki. (Members Doyen and Douglass were absent.) This resolu- tion was duly adopted. lk ~-~ ~ ~E~, C~q'KIRMAN May 15 , 1987 Town Clerk, Town of South~Id NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hal!, Main Road, Southold, New York, on THURSDAY, APRIL 23, 198. 7~ at-the following times: 7:35 p.m. Appeal No. 3546 - Application for GREGORY FOLLARI for a Variance from prior Appeal No. '3507 rendered June 25, 1986 to permit the regrading of area within 50 fe~t of the top of the existing bank/bluff along the Long Island Sound in accordance with N.Y.S. Department of Environmental Conservation Permit #10-86-t233 issued March 10, 1987. Location of Property: North Side of Sound Drive, Greenport, "Map of Section Four-Eastern Shores" Lot No. 117, Map No. 4586; County Tax Map Parcel No. 1000-33-1-15. 7:40 p.m. Appeal No. 3620 - Application of THOMAS BALL for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to locate new dwelling with an insuffi~cient setback from the east property line along Arshamo- maque ~venue, Southold, Map Lot 4, County File No. 1472; 1000-66:-02-46.' of Beixedon Estates, Block 7, County Tax Map Parcel No. 7:45 p.m. Appeal No. 3621 Application of MI'CHAEL S. GILLILAND for Variances to ~he Zoning Ordinance: (a) Article III, Section 100-32 for permission to construct accessory two-car garage in the frontyard area; (b) Article XI, Section 100-119.2 for permission to locate new dwelling with an insufficient setback from bluff/bank along the Long Island Sound. Location of ProDerty: North Side of Sound Drive, Greenport, NY; County Tax Map Parcel No. 1000-33-1-8; Map of Eastern Shores, Section Four, Lot No. 109. 7:55 p.m. Appeal No. 3623 - App~.ication of PETER.MARKOPOULO_~S for a Variance to the Zoning Ordinance, Article III, Section lO0-31, bulk Schedule, and prior Appeal No. 3297 rendered December 13, 1984, for approval of the construction of a new single-family dwelling with an insufficient westerly sideyard and insufficient total sideyards a~ Lot.#16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24. Page 2 Eegal Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 23, 1987 /~ 8:05 Appeal No. 3582 - Application of LARRY AND SANDRA p.m. STAHL for a Variance to the Zoning Ordinances Article ×Ia Section 100-119.2 for permission to construct swimmingpool~ deck and fence enclosure~ within 75 feet of tidal wetlands or p ever is greater, at t435 West Road, Cutchogue~ arcel No. 1000-110-07-26. 8:10 p.m, Appeal No. 3593 - Application of THE QUIET MAN INN for a Variance to the Zoning Ordinaace~ Article VII, Section 100-71, Bulk Schedule, for permission to construct addition in · this "B-l" General Business Zoning District with an insufficient frontyard setback from the westerly property line along Hobart Avenue. Property Identification: Corner of Main Road and Hobart Avenue, Southold~ NY; County Tax Map Parcel No~ 1000-62-3-7~ tidal water, which- NY; County Tax Map~ The Board of Appeals will hear at said time and place ali 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 information, please call 765-1809. Dated: April 2, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary copi'es to the fol'lowing 4/10/87: Suffolk Yimes L.I..Thaveler ToWn Clerk Bulletin Board Z.B.A. Offic~ Bulletin Board Mr. Gregory Follari, 83 Fairview Avenue, Park Ridge, NJ 07656 Mr. Clarence W. Powell as Agent, Box ll, Greenport, NY 11944 Mr. Thomas Ball,-'RR ], Woodchuck Path~ Wading River~ N~ ~1752 Michael S. Gilliland, Esq.: 405 lexington Ave~ NY~ NY 10174-0355 Harvey A. Ar~off, Esq., 16 West Ma~n St, Riverhead~ NY 11901 Mr. Peter Markopoulos, 222-08 43rd Ave, Bayside, NY 113~1 Mr. Arthur Siemehling~ Box 108, Mattituck~ NY 11952'~ Mr. and Mrs. Larry Stahl, 1435 West Road, Cutchogue, NY i1935 Ms. Regi Weile, Architect, 22 East 22nd St., NY, NY lOOlO Mr. and Mrs. Charles Gilbert, ?he Quiet Man Inn, Main Rd, Southold ilSTl ZBA Board ZBA Indivi Members(with.~copies of files) dual files TOWN OF SOUTHOLD BUILDING DEPARTMENT TO¢~ CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ ....... ?~.~., .~...~r....~.. .................. .~~.~..~.-.~ .-.. i~ ~ ~ .... PLEASE TAKE NOTICE that your application dated ~ ~ l O 19 ~.g. Cmmty Tax Map No. IO00 Section . .-...].~ ~ ..... Block ...... ~ D ..... Lot .. ~. ~ ....... Subdivision .................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on ti~e following grounds .{Z~.. 7% .~.. ~ .-'"~.. ~. ~..]! ?.~.~ Building inspector TOwN OF SOUTHOLD, NEW YORK ttOV 1cj8 APPEAL NO. --Y~--~-~ OAT tO THE ZOi~ING BOARD O~: AP~EALS~ TOWN OF SOUTHOLD, N. Y. ~ I~ne ~f Appelbn*x~ ................. ~;g~";'~'N~gGr ......................... c ......................... :~.~ .................................................................... ~ .......... HERE~Y APPEL TO Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ........... ....... ......... Nome of Applicant for permit of Street and Number Municipality State ¢ ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) LOCATION OF THE PROPERTY ......... /..~..~....~,.., ~/~>'7' .,~..<.~....~,, ................. .~.J,~...X,:: ............. Street Use District on Zoning Map Map No. Lot No. 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.) 3. TYPE OF APPEAL Appeal is made herewith for ( ~"~"A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A arewous appeal (q~J~) (has not) been made with respect to this decision of the Building Inspector or wi.th, respect to this property. Such cppeal was ( ) r~t for a special permit (/~' request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL : ~Variance to Section 280A Subsection 3 Variance to the Zoning Ordinance is requested for the reason that 1~orm ZB1 (Continue on other side) REASON FOR APPEAL Continued saw.HARDSHIP because STRICT APPLICATION OF THE ORDINANCE wouJd produce practical difficulties or umneces vicinity of this property and in this use district because The hardship created is UNIQUE and is not shared by all properties alike in the immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The residential+swimming pool wit. 1 not bother the residential neighborhood. (there already being one next door) STATE OF NEW YORK COUNTY SS Sworn to th~s /'7~L day of. ~C..~...~ .... ~9o;6 OF SO~OLD LAND VILLAGE SUD, L~T ACR. ! TYPE OF BUILDING TOTAL DATE CO~M~M, CB, [REMARKS MICS. Mkt. Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD COLOR "FR[M Foundation ,: ~, B~th Basement Floors ~"~ / F.x~. Walls l:'u i" Fire Place 'Type Roof R~creotio~ Room Do,~ner Rc4~s Jst Floor Raoms 2nd Floor Drive, ray 'BR, ' tFIN. B L x. f~ 0 , (II. WilliimI Commissioner Based on the information you have submitted, the New York ,STate Department of Environ- mental Conservation has determined that the parcel __~ project is: ~ Greater than 300' from inventoried tidal wetlands. ~ Landward .of ~ substantial man-made structure ~\Y%~f~ ,,~Ct ~ ~-~ greater than 100' in len~ -.-~-~ ...... '''' ~ -"''~' ~. ~ ....... ~-~ conscructea prior to Serltember 20, 1977S 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 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 oc 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 pro- ject. Such precautions may include providing adequate work area between the 10' con- tour or topographic crest and the project (i.e. a 15' to 20' wide construction ~rea) or erection of a temporary fence' barrier, or hay bale berm. Please note that' any additional work, or modification to the project as described, may require authorization by this Department. Please contact this office if such are contemplated. 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 Adm!nistra:or DEPARTMENT OF' PLANNING COUNTY OF SUFFOLK Michael I. LoGrande 360-5513 LEE I~. KOPPELMAN DIREC?OR OF PLANNING May 22, 1987 Town of Southold Zoning Board of Appeals Applicant: Mr. & Mrs. Larry Stahl ~ Mun. File No.: 3582 S.C.P.D. File No.: SD-87-13 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning Con~nission is considered to be a matter for local deter- mination. A decision of local determination should not be construed as either an approval or disapproval. Co~ents: With the understanding that there will be no construction within 40 ft. of the existing retaining wall with appropriate shoreline stabilization & mitigating measures to protect the integrity of the adjoining tidal waters. Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWICKI Southold Town Board of Appeals HAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×× Variance from the Zoning Code, Article ×I, Section 100-119.2(B) Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3582 Applicant: Mr. and Mrs. Larry Stahl Location of Affected Land: 1435 West Road, Cutchogue. County Tax Map Item No.: 1000- 110-07-26 Within 500 feet of: Town or Village Boundary Line NY XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway __ Bound~p~ of Existing or Proposed County, State or Federally Owned Land or Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct swi]~tminqpool, deck and fence enclosure within 75 f~t of final wmfl~n~ ~r tiaa! water, whichever is greater. C%pies of Town Dated:May 19, file and related documents enclosed for your 1987 review. Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHR~NGER, CHA)RMAN CHARLES GRIGONtS, .IR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKt May 18, 1987 Mr. Arthur Siemerling Skinny Dip Pools, Inc. P.O. Box 108 Mattituck, NY 11952 Dear Mr. Siemerling: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board'6f 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. Enclosure Copy of Decision to: Building Department Suffolk County Planning Mr. and Mrs. Larry Stahl Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Commission ~UTHOLD TOWN BOARD OF MATTER OF LARRY AND SANDRA STAHL THURSDAY, APRIL 23, 1987, PUBLIC HEARING 8:23 p.m. Appeal No. 3582 - Public Hearing commenced in the Matter of LARRY AND SANDRA STAHL. Pool, deck and fence en- closure, within 75 feet of tidal wetlands or tidal water, whichever is greater. 1435 West Road, Cutchogue. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey indicating a lot of irregular size of approximately one acre. Requested by the applicant is a proposed pool approximately 32 feet from a high water mark at its closest point and 36 feet toward the rear of the pool with the decking area and around (it appears to be) 4 feet. The pool is 20 by 40 in size. And I have a copy of the Suffolk County Tax Map indicating this and surrounding proper- ties in the area. Would you like to be heard Mr. Stahl? We always have questions. Come on up to the mike. How high above that specific, I would refer to it as a dune but that ends up in ~.~ to other problems, will this be sitting? MR. SIEMERLING: Approximately 14 inches. C~AIRMAN GOEHRINGER: 14 inches above that. MR. SIEMERLING: Above it but then we grade it down with no fill going in that creek. C~AIRMAN GOEHRINGER: What about the situation of the decking? What will the decking be around the perimeter of the pool? MR. $IEMERLING: C.C.A. C~AIRMAN GOEHRINGER: If this pool is so granted by the Board, you would be required (probably) to support that with railroad ties so that there would be no water intrusion outside of that specific pool area. MR. SIEMERLING: That's no problem. CHAIRMAN GOEHRINGER: Would the deck be locked to the house in anyway? MR.SIEMERLING: According to the Building Department, it can not be. It's got to be divorced. CHAIRMAN GOEHRINGER: And are you anticipating any lights that would be obtrusive to the neighbors? Page 2 - April I, 1987 Public Hearing Larry and Sandra Stahl Southold Town Board of Appeals MR. SIEMERLING: None. CHAIRMAN GOEHRINGER: Is there any way that the pool could be cut down so that it would be less than 40 feet in depth? MR. SIEMERLING: It's not going to be 40 feet now. CHAIRMAN GOEHRINGER: I have 20 by 40 here. MR. SIEMERLING: I'm sorry. Pool depth. I mean deep. CHAIRMAN GOEHRINGER: I'm sorry. I'm standing here and looking at in reference... Do they make an 18 by 38 or do they make a 16 by 32? MR. SIEMERLING: A pool can be any size but this is what the home- owner wanted. Does that .... CHAIRMAN GOEHRINGER: The further you go out, the closer the pro- jection ends up to be to the high water mark is what I'm saying. In other words, you're going out. Conceivably, the way it looks like to me here, that if you dealt with a 16 by 32 foot pool, you would only be 36 to 38 feet from the high water mark. MR. SIEMERLING: Would it help if we cocked it in a bit, if you will? It's running parallel with the top of the berm now, if you will. If we just checked it in... CHAIRMAN GOEHRAINGER: That's basically my question. Can you do that? MR. SIEMERLING: In a local sense, that's ok. CHAIRMAN GOEHRAINGER: Yes. a question? MR. : We were down there the other day, Charlie and I. That bulkhead is piken. MR. SIEMERLING: That's been up for several years. And we have had a number of storms and it hasn't shifted, altered or gone down. We're not going to go near that. We're not going to be putting any fill and in any way, go near the top of that. I understand what you're saying. We're not going to touch any of that. What's happened has happened. Now, what's going to hap- pen in the future, I don't know but we're not going to go near that by 10 feet plus 14 feet away from the edge of that bank. We won't go near it. MR. : Still digging down 10 feet, you may disturb it because you have nothing by sand there and you have no bulk- head but a 2 by 8 piken. That should be re-enforced some how. Page 3 - April ~ 1987 Public Hearing -~arry and Sandra Stahl Southold Town Board of Appeals CHAIRMAN GOEHRAINGER: That's why I was referring to the two walls. They should be actually constructed as the one we had done out in Gull Pond and that was done with the railroad ties. It should be around at least that two side periphery which is basically south and east. And Mr. Siemerling says he has no problem with that. MR. SIEMERLING: And if you want vegetation, you've got that too. We aim to please. CHAIRMAN GOEHRINGER: I thank you. We'll see what else develops throughout the hearing. Is there anybody else who would like to speak in favor of this application? anybody like to speak against the application? I'm sorry. I should have paused in between that. Hearing no further questions, I'll make a motion closing the hear- ing reserving decision until later. Ail in favor - AYE. Southold Town Board of Appeals MAIN RDAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS April 23. 1987 GERARD Pm GOEHRINGER, CHAIRMAN CHARLES GRIGON1S, JR. SERGE DOYEN, JR. S .E .Q .R.A. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significanc~ APPEAL NO.: 3582 PROJECT NAME: LARRY AND SANDRA STAHL 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: [~] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION:Construc[ swimmingpool, deck and fence enclosure, within 75 feet of tidal wetlands or tidal water, whichever is greater LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as:1435 West Road, Cutchogue, NY 1000-110-07-26 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 FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals, Town ~all, Southold, NY 11971; tel 516- 765-1809 or 1802. ' Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. (3) Information'has been submitted'by applicant or his agent indicating that the pro~ect will not involve the disturbance of wetlands grasses or areas ~ub~ect to flooding which may be considered wetlands COUNTY OF SUFFOLK M~Grande SUFFOLK COUNTY EXECUTIVE February 10, 1987 STANLEY A. PAUZER DISTRICT MANAGER Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer: Regarding your request for our assessment of Appeal No. 3582 - LARRY & SANDRA STA~LL (Variance), please be advised that a site inspection was conducted on February 6, 1987. During the inspection it was noted that the proposed site is devoid of vege- tative cover and is adjacent to Wickham Creek. Soils on the site are mapped as fill land~ dredged material. This soil consists mainly of coarse sands with gravel and shell fragments. Slopes on the site are flat; however, along the creek there is a short steep slope of approximately a 1.5 - 1 angle (1.5 feet horizontal per 1 foot vertical) which extends from slightly above the high water line up to the yard elevation. The proposed pool would be approximately 12 feet away from the top of this slope. Along the toe of the slope there is a wooden fence-like structure with horizontal planks. Apparently this structure was constructed to stabilize the slope above it. The lowest plank on the structure is partially buried about 4-5 inches deep on the creek side. Under storm conditions and/or during spring tides, the incoming or outgoing water of the creekmay cause scouring along the lowest plank and would undermine it, possibly jeopardizing the stability of the slope. Mr. Jay Tansky of New York State Sea Grant Cooperative Extension in Stony Brook should be contacted to fully evaluate that possibility and determine if a bulkhead type structure is required. I do, however, recommend that the slope be reduced to 3~1 (three feet horizontal to one foot vertical) especially if a pool and deck are to be constructed above it. Furthermore, the remaining area and slope should be vegetated. Assistance is avail- able through this office regarding the selection of applicable vegetation. I hope this information will be beneficial to you in reaching your decision. If you require any additional information, please contact our office. Sincerely, Thomas J. McMahon~ Senior District Technician z, 127 EAST MAIN STREET RIVERH EAD, NEW YORK 11901 Southold Town Board of Appeals MAIN R(]AD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI February 2, 1987 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil and Water Conservation District 127 East Main Street Riverhead, NY 11901 Re: Appeal No. 3582 - Larry and Sandra Stahl (Variance) Dear Mr. Pauzer: We have an application pending in which the property owners propose to construct a 20' by 40' inground swimmingpool attached to the existing dwelling with a deck and enclosed with a fence, as sketched on the attached copy of a survey. The premises is located at the westerly end of West Road along Wickham Creek, Cutchogue, Town of Southold. A copy of the Suffolk County Tax Map of this area is also enclosed for your record. May we ask your assessment of this project as proposed? The public hearing on this matter is not expected until the latter part of February. Please don't hesitate to call if additional information is necessary for your review. Thank you for your assistance and time. Yours very truly, lk Enclosures GERARD P. CHAIRMAN GO£HRINGER Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2,5 SOUTHDLD, L.I., N.Y. 11c:J'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI February ll, 1987 Mr. Arthur Siemerling Skinny Dip Pools, Inc. P.O. Box 108 Mattituck, NY 11952 Re: Appeal No. 3582 - Larry and Sandra Stahl (Variance) Dear Art: Transmitted for your review is a copy of the recent report received today from the Suffolk County Soil and Water Conservation District for the above project. The Board has indicated that under the circumstances, N.Y.S. Department of Environmental Conservation reviews and action is necessary prior to our advertising this variance for a public hearing, Please keep us advised. Yours very truly, Enclosure Copy of Report to: Southold Town Trustees GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 January 30, 1987 TELEPHONE (516) 765-1892 Mr. Arthur Siemerling P. O. Box 198 Mattituck, NY 11952 Re: Larry Stahl & Sandy Stahl Dear Mr. Siemerling: The following action was taken by the Board of Trustees during their regular meeting held on January 29, 1987 regarding the above referenced matter. WHEREAS, Arthur Siemerling on behalf of Larry Stahl and Sandy S~ahl applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated November 11, 1986 and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on January 29, 1987 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that Arthur Siemerling on behalf of Larry Stahl and Sandy Stahl BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Install a swimming pool with deck and fence with the provision that hay bales are used to avoid runoff; put in more plantings as used elsewhere on the property. The Bay Constable is to do frequent inspections during construction. Property is located at 1435 West Road, Cutchogue. Board of Trustees Larry & Sandy Stahl - Page 2 This permit will expire on January 29, 1988 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. 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. There is a $I0.00 Wetland Inspection fee due at this time. Upon remittance your permit will be forwarded by mail. HPS:ip cc: Very truly yours, Henry P. Smith, President Board of Town Trustees Robert A. Greene, D.E.C., Stony Brook Commissioner Henry G. Williams, D.E.C., Albany Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management Conservation Advisory Council Bldg. Dept. Board of Appeals File p~<3~.,1 atoll ~ffaira Bldg..~J, SL![~ - PDO~. 219 Stony Brook, !]~ York 11794 (516) 751.-7909 January 17, 1980 Sy .5 tab ! 706 ~qpring[ield Aveuue Aparl:m.¢:~c C- 3 r ~tn,'m~it, New Jer~,~Y 07901 iW ]~.276-0333 Construction of a one family residence on West Road ~:' :ug o~ Vi~.~han Cre~<: in Fleet Neck, qouthold '. - d :c+.~,! m!"on-::ito L~ion. ~ have fo~d ~he ~1 or (ploje~) tn ~ beL[nda ,~uM,~ztthul man-n~ade structure (rip-rap sea wall) ~l~erefore, p,~rs,;aat to Pa~ 661, official ~milation of ~des, ~es anl T,.~Oations of :>o ~it~te of l!~; York~ Section ~61.~ (b), rm ~t ~ i~ticle 25 (cid%l 'L.t!~,c~s) o~7 ~.e ~viro~n~! Conse~On TM tS ~- DAiII~ J. TA%V'~I Southold Town Board of Appeals MAIN ROAD- ~:TATE ROAD 25 SDIJTHOLD, 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 December 8, 1986 Mr. Arthur Siemerlin§ Skinny Dip Pools}oCnc. Main Road ~ Mattituck, NY 11952 Re: Appeal No. 3582 - Larry and Sandra Stahl (Variance) Dear Mr. S..~ing: This letter will acknowledge receipL of your rec(~nt app] i- cation. The members of the Board of Appeals wi I1 be conducting field inspections and environmental reviews as may be requireO by State and local laws prior to schednlinq your application for a public hearing. in the interim that you proceed with ~he ~,/~.~ It is requested [ ] Planning Board [X ] N.Y.S. D.E.C. [ X ] Town Trustees-- in order that they may submit their written comments or recom- mendations as early as possible. Upon receipt oi their inpuL~ ~'~ your application will be scheduled for the next avail~ble hear'~ lng date, If the above document(s) are submitted by early Jaauary, it is expected that the public hearing would be hetd ~b~ut th~ latter part of January. A copy of th~, notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation. Please feel free to call at any time if you have any questions. Yours very truly, C, HA~RMAN- ~ . ~.' B'y~ Linda Kowalski - Page 3 - On a motion made by Heather Cusack, seconded by Jeanne Marriner, it was RESOLVED to recommend to the Southold Town Trustees approval of Wetland Application No. 455 submitted by Frederick Endemann to replace five old docks with new floats and ramps. Vote of Council: Ayes: All Motion carried. On a motion made by Martin Garrell, seconded by Heather Cusack, it was RESOLVED to recommend to the Southold Town Trustees disapproval of amended Wetland Application No. 431 submitted by Ferucio Frankola to build a house with swimming pool and to construct approx. 240' of timber retaining wall on east side off Lot #18 and 140' south off Lot #18. The Council recommends that this be declared a Type I Significant Impact. The Council feels the project would have a significant disturbance on the creek and the should be further explored and go through the hearing process. Vot~ of Council: Ayes: All Motion carried. WAIVER REQUESTS The Council reviewed the following waiver requests and made the following recommendations: ~LLathur C. Esslinger - Approve waiver request. rry and Sandy Stahl - Deny waiver request. Frank Zaleski and Tony Helies - Deny waiver request. Boatman's Harbor Marina - Heather Cusack will inspect and make a recommendation at the Trustees meeting scheduled for November 25, 1986. ~.~Marc~aret and Joseph Best - Deny waiver request. Anthony W. and Carolyn R. Leggio - Deny waiver request - Page 4 - DISTRIBUTION OF NEW APPLICATIONS No. 456 - Jeanne Marriner Inspection John R. Dempsey - Construct a timber doc'k consisting of a 4' x 16' hinged ramp and a 6' x 20' float secured by (2) 8" pilings. Ole Jule Lane, Mattituck. No. 457 - Jeanne Marriner Inspection Vincent R. Pisano - to construct a 4"x 50' catwalk 4' over existing'grade leading to a 3'"X 16' ramp leading to a 4' x 40' float dock to be attached to a 8' x 20' ~float dock. Meday Avenue, Mattituck. No. 458 - Heather Cusack Inspection Ruth Engt~l - to construct a 12' x 40' deck, 8' x 20' gloat dock and a 3' x 6' ramp. 600 Beebe Drive, Cutchogue. No. 459 - No. 460 - Group Inspection Helen D. Reiter - Install a 1314' retaining wall approx. 5' landward of meadow fringe, expand existing float to 110', install a 16' ramp and 6' x 40' float. Run 1314' x 12' catwalk landward of retaining wall with 4000 c.¥, fill to be trucked in. Original Barge, Southold. Group Inspection Douglas Morris - reconstruct existing remains of a groin using piles in place where possible. Shore Drive, Greenport. No. No. 462 - No. 463 - 461 - Ra, lph Condit Inspection Paul Galgan - Construct a new dock and catwalk, to replace existing old wood boat ramp. Dock to be 10'x20' with 4 pilings, catwalt~ to be 6' x 50' with steps to a 10' x 10' landing, a 3' x 20' ramp to connect dock to catwalk. 4605 Stillwater Ave., Cutchogue. Betty Wells Inspection.. Rita F. Gledich - add addition and deck to existing structure. 450 Oak Street, Cutchogue. John Holzapfel Inspection Wilhelm H. Frank - Replace a timber bulkhead 88 lin. ft. and to fill with approx. 50 c.y. of fill. In kind, in place. 1225 Arshomonoque Avenue, Southold. No. 464 - Martin Garrell Inspection Dr. Richard S. Laskin - to construct a 3' x 64' catwalk ( minimum of 4' over existing marsh) leading to a 3' x 16' remp leading to a 6' x 20' fixed dock. 670 Holbrook Lane, Mattituck. JUDITH T. TERRY TOW~ CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 19, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3582 application of Larry Stahl and Sandy Stahl for a variance. Also included is Notice to Adjacent Property Owner; tax map survey; Notice of Disapproval from the Building Department; survey; Short Environ- rrientali A~ssessment Form; and letter relative to NYS Tidal Wetlands Land-Use. Judith T. Terry Southold Town Clerk '.1,'N 5q w']~/}4'.l ^ I ~ iI I O' 0 RODERICK VAN TUZL, LICENSED LAND SURVEYORS GREEN~RT NEW YORK APPLICAN1 SUFFOLK COUNTY DEP] OF HEALTH SERVICES - FOR APPROVAL OF CONSTRUCTION ONLY Ft. $. REF'. ~¢.: ~'~- :',C~- O~ ~P~ROVED: , SU~F'OLK CO. TAX MAP DESIGNATION: DIST. SECT. BLOCK PCL. :":>oo .,'tO -/' 2~o OWNERS ADDRESS: DEED: TF. S1 HOLE SEAL NOTICE OF HEARING~ NOTICE IS HEREBY GIVEN, pursuant to Soctionl~l~ oftbe Town Low and the the Town of Southold, the follow- lng public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Seuthold Town Hall, Main Read, South- old, New York, on THURS- DAY, APRIL 23, 1987, at the following times: 7:35 p.m. Appeal No. 3546 - Application for GREGORY FOLLARI for a Variance from prior Appeal No. 3507 rendered June 25, 1986 to permit the re- grading of area within 50 feet oz the top of the existing bank/bluff along the Long Island Sound in accordance with N.Y.S. Depart- ment of Environmental Conser- ration Permit #10-86-1233 is- ued March 10, 1987. Location of Property: North Side of Sound Drive, Greenport, "Map of Sec- tion Four-Eastern Shores" Lot No. 117, Map No. 4586; County Tax Map Pap:el No. 1000-33-1- 15. 7:40 p.m. AI~I~eal No. 3620 - Application of THOMAS BALL for a Variance to the Zoning Or- dinance, Article III, Section 100- 31, Bulk Schedule, for permis- sion to locate new dwelling with an insufficient setback from th~ east property line along Ar- shamomaque Avenue, Southold, Map of Beixedon Estates, Block 7, Lot 4, County File No. 1472; County Tax Map Parcel No. 1000-66-02-46. 7:45 p.m. Appeal No. 3621 - Application of MICHAEL S. GILLILAND for Variances to the Zoning Ordinance: (al ArCi- cie III, Section 100-32 for per- mission to construct accessory,~ · two-car garage in the frontyard area; (bi Article XI, Section 100- 119.2 for permission to Iscato new dwelBng with an insuffi- cient setback from bluff/bank along the Long Island Sound. Location of Property: North Side of Sound Drive, Greenpel't, NY; County Tax Map Parcel No. 1000-33-1-8; Map of Eastern Shores, Section Four~ Lot No. 109 ;. 7:55 p.m. Appeal No. 3623 - Application of PETER MAR- KOPOULOS fop a Variance to the Zoning Ordinance~ Article III, Section 100.81, Bulk Schedule, and prior Appeal No. 3297 ronde~[ December 13, 1984, for approval of the con- struction of a new single-family dwelling with an insufficient westerly sideyard and insuffi- cient total sideyards at Lot #16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24. ~' 8:05 p.m. Appeal No. 3582 - Application of LARRY AND SANDRA STAHL for a Vari- ance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct swim- mingl~ml, deck and fence enclo- sure, within 75 feet of tidal wet- lands or tidal water, whichever is greater, at 1435 West Road, Cutchog~e, I~Y; County Tax Map Parcel No. 1000-110-07-26. 8:10 p.m. Appeal No. 3593 - Application of THE QUIET MAN INN for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to construct addi- tion in this "B-i" General Busi- ness Zoning District with'an in- sufficient frontyard ~etback from the westerly property line, along Hobart Avenue, Property Identification: Corner of Main Read and Hobart Avenue, Southold, NY; County Tax Map Parcel No. 1000-62-3-7, The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above matters. Each hearing will not start before the time al- STATE OF NEWARK ) COUNTY OF SUFFOLK Richard Williams of Graenport, in said County, being duly sworn, says that he/she ia Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published st Greenport, in the Town of Southold, County of Suffolk end 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 1 weeks successively, commencing on the [6th dayof ~pfi! 19 87 Principal Clerk Sworn to I)efpra me this _~ -// . ~ NOTARY PUBLIC, State of New Y~rk NOT[CE OF HEARINOS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY; on T~.I~RS.D.AY, APRIL 23, 1987_, at the following times: 7:35 p.m. Appeal No. 3$46- Application for GREGORY FOLLARI for a Variance fron~' prior Appeal No. 3507 rendered June 25, 1986 to permit the regrading of area within 50 feet of the top of the existing/ bank/bluff along the Long Island Sound in accordance with N.Y.S. Department of En- vironmental Conservation Per- mit No. 10-86-1233 issued March 10, 1987. Location of Property: North Side of Sound Drive, COUNTY OF SUFFOLK ss: 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 ......... .~..( .c~ ........ GILLILAN~ for Variances to the Zoning Ordinance: (a) Arti- cle 111, Section 100-32 for per- mission to construct accessory two-car garage in the frontyard area; (b) Article XI, Section 100-119.2 for permission to locate new dwelling with an in- sufficient setback from bluff/bank along the Lodg Island Sound. Location of,~roi, perry: North Side of Sound Drive, Grcenport, NY; Coullty Tax Map Parcel No~ 1000-33-178i,~ Map of Eastern Shore%.Secti~nl Four, Lot No. 109. 7:55 p.m. ~A~peal No. Application of PETER MARKOPOULOS ~ Variance to the, Zoning dinance, Article 111, Seetign 100-31, Bulk Schedule, and prior Appeal No. 3297 r~ndered December 13, 1984, for appr°val of the construction of a new single-family dwelling with an insufficient westerly: sideyard and insufficient total sideyards at Lot No. 16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattltu,~l~, Section 100-71, Bulk Schedule, for permission to construct ad- dition in this "B-I" General , Business Zoning District with a~3c insufficient frontya~ setback from the westerly property line along Hobart Avenue. Property Identification: Corner of Main Road and Hobart Avenue, Southold, NY; County Tax Map IM~I No. 1000-62-3-7. The Board of Appeals will hear at said time and place all persons or representatives desir- e.big t,o be heard in each of the above matters. Each hearing will not start before the time allot- ted. Written comments may be submitted prior to the conclu- ~$ion of the subject hearing. For more information, please call 765-1809. Dated: April 2, 1987 .IY BY ORDER OF TH SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, ~'9,Q Board Secretary , IT-4/16/87(1) Greenport, "Map of Section -- Four-Eastern Shores" LOt, NO. ~ .,~ l17, MapNo. 4586; County Tax / 8:05 pm Appeal No. 3582' ~ne this /~' . day of Map Parcel No. 1000-33-1--15 [ Application of LARRY ANI~ 7:40 p.m Aooeal No 362~- [ SANDRA STAHL for a -/] Ap licati{in 'o'f TH~)MAS [ ¥~tVariance to the Zoning Or-)r- ."]4 , 19 BALL for a Variance to the ~ dinance' Article X1, Section] ~oni'-'~ Ordinance, Article Ill, ~ 100-119.2 for permission to con- [ Section 100-31, Bulk Schedu e. ~struct swimmingpool, deck and [ for permission to locate 'new /fence enclosure, within 75 feet of ~ dwelling with an insufficient set- / tidal wetlands or tidal water, back from the east property llne / whichever is greaier, at 1435 ' ~ · '/' · i~ .... : .~c . .>5/.` ( .%'.: ........... along Arshamomaque Avenu0...] West Road, Cutchogue, NY; Notary Public Southold, Map of Beixedo~/ County "llcx Map Parcel No B '. ~1 1000-110.07-26 .' ARBARA FORBES illnot, fi~.(C~auL~n:;~:~nat~Y{ .'t~:10 p.m. Appeal No. 3593- / lqotary Public, grate of New York Parcel No. 1000-664~2-46. ' k.._ Application of THE QUIET 7'45 - - ~----' "'- n,.,,. MAN INN for a Variance to the Application of MICHAEL S Zoning Ordinance, Article VII, Oommmmon Expires ~/'<'~,.] 3 / 19 lapp Southold Town Board o eals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Enclosed of the public a copy of the Watchman, Inc. herewith as confirmation of the time and date hearing concerning your recent application is Legal Notice as published in the L.I. Traveler- and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to call our office, 765-1809. Yours_ very~.~/~_ ~ CHAIRMAN Enclosure Linda i<owalski Secretary and Board Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' the Petition of to the Board of Appeals of the Town of Southold TO: 0r. James Trentalage 124 Cherry Vally Ave. Garden City, New York 11530 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 (Variance) (Special Exception) (Special Permit) (Other) [circle cho±¢e] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1~ u~,.~- o,~la r.+,,,.k ..... (Immed. west of your land) 31 That the property which is the subject of such Petition is located in the following zoning district: Residential 4. Thatbysuch Petition, the undersigned willrequestthefollowingrelief: To ln~tall ~ulmmtng pnnl ~N x aN ~i~h da~ and ~anr~ ar~n~d~n~ Fence will be kept back as to not obstruct your view. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- [ ] Section 280-A, New Yo~k Town Law for approval 0f access 0vet r~ght(s)-of-w~. 6. That within five days from the date hereof, a written Petition requesting the relief s~cified above will be filed in ~he 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) 76~1809. 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 hearin8 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 H~ht to appear and be heard at such hearing. Dated: Petitioner N aqml~e hsU:l~ Owners' Post Office Address 1435 ~st Road Cu~,chgbe New York (Tel '734 6342 or ) 298-5010 NAME PROOFOF MAILING OFNOTICF ATTACH CERTIFIED MAIL RECEIPTS p 429 074 339 STATE OF N ,: COUNTY OF ss.: _. - ~ , being duly sworn deposes and says that on the of /%;(~'Z/ ~;" ~ ~9 J~'~ , deponent ma ed a true copy of the Not ce set forth ~n the re- ver~e side hereof, directe~:l t0 eaeb:O~:theabove-named persons at the addresses set opposite thor respective name; ~hat the addr~.~l ~i!e !~ ~ of ~id ~ons are the addr~ses of said persons as shown on the cunenl.~sme~/~ of;~ T~ of ~thol~; that ~id Notices we~m~iled at the ~,~~. ,,-.-.='- ~ ;thatsaidNotice~'~ailedtoe~ ~er~j .~ g e~ ma~ .... , , / / Uz~ted S~tes Post Of- ,~.~ persons by Sworn to before me~H~ts / '~',~-.~ day of~ 2~:3l~A/~,~_,~ 19. (This side does not have' to be completed on form transmitted to adjoining property owners.} SHORT ENVIRONMENTAL ASSESSMENT FORM Z 0 N INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action, It is not expected that additional studies, research or other investigations will be undertaken, (b) If any question has been answered Yes the project may be signifioant and a completed Environmental Assessment Form is necessar./, (c) If all questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? · · 2. Will there be a major ohange to any unique or unusual land form found on the site? · · · · 3. Will project alter or have a large effect on an existing body of water? o Will project have a potentially large impact on groundwater quality? o . . . · · o · . , o 5. Will project significantly effect drainage flow 6. Will project affect any threatened or endangered plant or animal species? · . o o , · , , · · 7. Will project result in a major adverse effect on air quality? · . · · · , , , o , , Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? . . . Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . . . 10. Will project have a major effect on existing or future recreational opportunities? . . . 11. Will project result'in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors~ noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . 13. Will project have any impact on public health or safety? / Yes ~ No Yes ~ No Yes /~ No Yes P/ No Yes ~x No Yes / No Yes No Yes ~/ No Yes----~ No Yes ~/' No Yes /No Yes ~NO yes ~/ No IL. Will project Affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period ox- have a major negative effect on the character of the community or neighborhood?.. Yes . 15. Is there public controversy concerntng 5he projec%~ Yes ~//: No ~/ No TO: $outho!d Town Board of Appeals Main Road Sou~hold, HY 11971 Appeal Application of Location of Property: In reference to the New York State Tidal %'/etlandn Land-us ReGul'a~ions, 6 NYCRR, Part 661, aad Article 25 of the ~e:.; York Environmental Conservation La%;, please be advised that subjec~ property iQ the %~i~hin appeal ap. llc~_o.~. ~'ze check ~e box; Mdy be located ~ithin 300 feet of tidal hc%.~,~ver, constructed along thc water-lying; edc.u of ~his prope~'ty is a bulkhead in very geed conditicn and at lu_~ 100 feeU in ~length. ]May b~ 'located within 300 f--~ of -~.' ~ - however, constructed along the wau~r-lyin~ edge of thi~ property is a bulkhead in need of ( .... (major) repairs, and appruximaue!v fee~ in length. -- May be located within 300 feet of tidal wet!ands;. however, constructed al'one the %;ater-lying edge .of thls property is a bulkkead less than 100 feet in length. [ ]' May be loc"'ted ,. '~ ' . .' · ~h~n 300 feet of t~da! wetlandz; and there is no bul:<head or cea ..... wall e:.:is~zn 'on the premises. Is not locate(] %{ithi~% 300 feet of tidal wetlands to the best of my kno~ludge.* [l;ta~_ed itc:ns (*) indicate your u"o:)ert, d~,,- not appear to fall within the jurisdiction of the H.y.~. D.E.C. NOTE: If proposed pro'~,c falls 3_ t ~;iul~in D.E.C. jurisdiction, approval must be received an{~ SuLmit~6d to our office before Yeur a~plicatfon can be [~cheduled fo~ a public ~ .... '~'