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HomeMy WebLinkAbout3591 Sonthold Town Board of Appeals I~IAiN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y, 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 359] Application Dated December 3~ ]986 TO: Mr. and Mrs. Paul St0utenbur9h 40]5 $kunk Lane Cutch09ue, NY ]]935 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on FebrUary 5, ]987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III , Section ]00-32 [ ] Request for Application of PAUL AND BARBARA STOUTENBURGH for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory windmill tower in excess of maximum-permitted ]8 ft. height requirement, at 4015 Skunk Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-98-1-6. WHEREAS, a public hearing was held and concluded on January 8, 1987, in the Matter of the Application of PAUL AND BARBARA STOUTENBURGH under Appeal No. 3591; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. The premises in question is situated along the east side of a private right-of-way extending off the east side of Skunk Lane (a/k/a Bay Avenue), Cutchogue, and is located in the "A-80" Residential and Agricultural Zoning District. 2. The subject premises is a described parcel containing an area of 2.431 acres and is identified on the Suffolk County Tax Maps as District 1000, Section 98, Block 1, Lot 6. 3. By this application, appellants request permission to erect a private accessory wind tower at a total height of 72± feet. The setback requested from the north and east property lines is 30 feet each. 4. Article III, Section 100-32 of the Zoning Code permits accessory structures in the rearyard not exceeding 18 feet in DATED: February 5, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOW/q ZONING BOARD OF APPEALS Page 2 - Appeal No. 3591 Matter of PAUL AND BARBARA STOUTENBURGH Decision Rendered February 5, 1987 height. 5. It is the opinion of this board that relief is necessary for the additional height over and above the normal 18-feet in height required for the safe and efficient operation of the wind tower. The use of this windmill will be always for private use incidental to the residential and agricultural use of the premises and will not be operated for gain. In considering this application, the board has determined: (a) the relief requested is unique; (b) there will be no substantial change in the character of this district; (c) the relief as granted will not cause a substantial effect or detri- ment to adjoining properties since the structure will be located a distance of more than 100 feet from any existing s~ructures (d) there is no other method feasible for appellants to pursue other than a variance; (e) the public health, welfare, and safety of the town will not be affected if the relief is granted; (f) the spirit of the zoning ordinance will be observed by allowing the variance; (g) the relief requested is substantial in relation to the requirements; (h) in view of the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that permission BE AND HEREBY IS GRANTED in the Matter of the Application of PAUL AND BARBARA STOUTENBURGH to locate and erect a private accessory windmill tower for the purposes of generating electricity accessory and incidental to the permitted zoning uses of the premises in this "A-80" Residential and Agricultural Zoning District, and not to be operated for gain, at a maximum height of 80 feet, including blades, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the total height of the wind tower, including blades, shall not exceed 80 feet; 2. Two tiebacks (or stays) be placed out one-third of the distance, or 30 feet, with a cable satisfactory to maintain the weight of the structure against wind velocities; 3. Minimum setback from the north and east property lines at 35 feet each. 4. Written property (abutting property owners Marco Farm). owner consent for this location to the north and east, presently Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass, Sawicki, and Doyen. This resolution was duly adopted. GERARD P. GOEHR~-N~ER, C~'IRMAN February 19, 1987 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Halt, Main Road, Southold, NY at a Regular Meeting on THURSDAY, JANUARY 8, 1987 at the following times: 7:35 p.m. Appeal No. 3587 - ROBERT AND EILEEN M. JOHNSON. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission To construct addition to existing dwelling with an insufficient setback from tidal water area at premises known as 430 Corey Creek Road, Southold, NY; District 1000, Section 87, Block 5, Lot 3. 7:40 p.m. Appeal No. 3594 - ANNE C. MASON. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 For permission to construct deck addition to existing dwelling with an insuffi- cient setback from tidal wetland area at premises known as 1250 Lupton Point, Mattituck, NY; District 1000, Section 115, Block 11, Lot 12. 7:45 p.m. Appeal No. 3585SE ALVIN AND PATRtCIA COMBS. Special Exception to the Zoning Ordinance, Article III, Section lO0-30(B) for permission to establish "Bed and Breakfast Use, an Owner-Occupied Building, other than a hotel,where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more th'an three rooms." Location of ProperTy: 2500 Peconic Lane, Peconic, NY; County Tax Map Parcel No. 1000-74-03-24.2. 7:50 p~m. Appeal No. 3588SE - MARY J. MOONEY-GETOFF. Special Exception to the Zoning Ordinance, Article III, Section lO0-30(B) for permission to establish "Bed and Breakfast Use, an Owner-Occupied Building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms." Location of Property: 1475 Waterview Drive, Southotd, NY; County Tax Map Parcel No. 1000-78-007-20. ~ 7:55 p.m. Appeal No. 3591 PAUL STOUTENBURGH, JR. ~'~ Variance to the Zoning Ordinance, Article III, Section No_].100-32 for permission to locate accessory windmill tower in excess of maximum-permitted 18 feet height requirement, at 40t5 Skunk Lane, Cutc~ogue, NY; County Tax Map Parcel 1000-98-1-6. Page 2 Notice of Hearings Regular Meeting of January 8, 1987 Southold Town Board of Appeals 8:00 p.m. Appeal No. 3583 ~ FREDERICK AND HELEN HRIBOK. Variances to the Zoning Ordinance, Articles: (1) III, Section 100-31 for insufficient southerly side yard and total side yards, and (2) XI, Section 100-119.2 for insufficient setback from existing bulkhead along Arshamomaque Pond, for this proposal to construct garage addition tQ existing dwellings at 90 Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-4. 8:05 the Zoning Ordinance, Article VII, Sections: (1) Schedule, for insufficient lot area and lot width; lO0-70(A) establishing existing residential use as use of proposed southerly parcel; (3) lO0-70(A) for approval of insufficient livable-floor area in the existing dwelling use of proposed northerly parcel. Zoning District: "B-I" General Business. Location of Property: 35350 County Road 48, Peconic, NY; County Tax Map Parcel No. 1000-69-04-2.1. p.m. Appeal No. 3461 - HELMUT HASS. Variances to 100-71, Bulk (2) principal and 100-71 8:10 p.m. Appeal No. 3552 JOHN SENKO. (Hearing recessed from December ll, 1986). Variance for shopping- center use in this "B-I" General Business Zone with 30~084 sq. ft. lot area. 8:30 p.m. Appeal No. 3572SE - MICHAEL (Hearing recessed from December ll, 1986). for Bed and Breakfast in existing building. AND JOYCE MATTES. Special Exception 8:45 p.m. Appeal No. 3584SE DONALD AND JOANNE RITTER. Special Exception to the Zoning Ordinance, Article III, Section lO0-30(B) (100-31) for permission to convert existing one-family dwelling to a two-family dwelling. Location of Property: 2585 Peconic Lane, Peconic, NY; County.Tax Map Parcel No. 1000-74-03-20. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hearings. Written comments may also be submitted prior to the conclusion of the subject hearing. For more informations please call 765-1809. Dated: December ll, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ....... ......... .~. g~'~,.~, c~.&,~ ........... · O..~.~. ' ....~..o~-.,...~. . ) ;.~ · ~ :%. .~.~.~. PLEASE TAKE NOTICE that your application dated . .~~...¢: ~ ...... , 19 for pem~it to construct...~...~.q~.. ,~. ~~ ..................... at ~o~ o~~v~o~,~,y .. q.e.'.~ .... Z g ~...d~ ..... ~~~ House No, street , J Ham County Tax Map No. I000 Section . ."..Q.~ X ..... Block ...... ~ ~ ..... Lot . . ~.~ Subdivision ................. Filed Map No ................. Lot No .................. is returned l~erewitt~ an~ d~sapproved, on the following grounds. ~ .~ .~%,~{~' ~ >- ~ . ;.%,~ .... ~ ........................................ RV 1/~0 FOR~ ND, 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL ~OUTHOLD, N.Y. 11971 TEL.: 765-18011 Examined ................. 19 ... Approved ............. .... 19;.. Permit No ............ Disapproved a/c ..................................... Received ........... ,19. (BUilding inspector) APPLICATION FOia BUiLDiNG PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, wit! sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public stret or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this ap[, cation. c. The work covered bY tkds application may not be commenced before issuance of Building Permit. d. Upon approval of ttLis application, the Building Inspector will issued a Building Permit to the applicant. Such pern shall be kept on ~h¢ premises available for inspection hhroughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupan shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to t Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein describe Fhe applicant agrees to comply With all applicable laws, ordinances, building code, housing code, and regulations, and admit autlmrJzed inspectors on premises and in building for necessary inspections. /) ~. (Signature of applicant, or ns.me, if a corporation) · . x~ . tma~J, zng aaaress or appJ.~.cant) State whether apphcant zs ~9"~-ne.r~',essee, agent, architect, -' - ..... en=m.~r, general contractor, electriczan, plumoer or buflde (as on the tax roll or latest deed) if applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................... Pit nber's License NO ............. Electrician's Lkense No ....................... Other Trade's License No ................. I. Location of land on which proposed work will be done. lIouse Number Street . Hamlet County 'Fax Mai, No. 1000 Section' .:...~.4~. ......... Block ..../ .............. Lot.~. .............. 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 b lWended use and occupancy ~-~;"~""~/~ Nature of work (check which applicable): New Building .......... Addition .......... Alteration .......... Repot .............. Removal .............. Demolition ................................ 4. Estimated Cost .................................... Fee ...................................... ' (to be paid on filing this application) 5. [f dwel~g, number ofdwe~ing un~t~. · ~ . Number of dwelling units on each floor .~ ........... number of c~ ~f garage, . ....................................................................... 6. ~f bus,ness, commercl~ or mixed occup~cy, specify nature and extent of each type of use ~- ........... 7. Dimensions of ex]sting structures, if any: Front..~ .... Rear :~ ..... Depth ~ ~ ........ Height ............... Number of Stohes ........................................................ Dbnens/ons of ~me structure with alterations or additions: Front ....... ' ........ Rear Dep~ ...................... Height ...................... Number of Stories ................. , .... 8. D~mension~ of entire new construction: Front... z .... r ...... Rear ............... D~p~h .....~;'. ....... Heig~ ............... Number of Stories ............ . ............................................ ¢. S~ze of lot: F~ont .... ~ .~ ......... Rear.. ~2~.¢~)'r.~ ~ ......... Depth .. ' . .... ~ame of Fomner Owner !. Zone or use distHc* ~n which premises are situated ................................... ; ................. 2. Does proposed construction violate any zoning law, ordinance or regulation: ~<~7..-~...~ ~7/~ .......... ~ Will ~ot be re~mded . .~" ~ . Will excess fill be removed from premises Yes N,m~ of Arch~ec ............................ Addres~ ................... Phene Ne ................ Nm:e of Contractor ..... ~<-:'.M:. ~.~ :~ 5~ ..... A~dress ..... :-. ........ Phone No... ~ ......... ~ [~ Ses, Sougho[d ~o~m Trustee~ Perm~ may be raqu~red. PLOT DIAG~M Leca~e cle~ly ~d d~cfly ~I bufldh~, whe~er existing or proposed, set-back d~ensiens from ope~ ~ne~. ~ge ~treet ~d Block number or descfip~on acco~[ng to deed, s~reet n~nes a:d ~nd}cate whe~er A x ~ OF NEW YORK, }UNT¥ OF (Name of ~/~iv~dual signing contract) being duly sworn, deposes and says that he is the applicant ~amed. is the (Contractor, agem, corporate officer, etc.) ~aid owner or owners, and ~s duly authorized ~o perform or have performed the said work and to m~e ~nd file rids 3~cadon; that ~ statemenB contused hq th~ application are true to the best of his Lnowiedge and be!~ef; and that the ~rk w~l be perfumed ~n ~e m~ner set for~ ~ fl~e a~pHcation filed therewith. 'o~ ~o before me TOWN OF SOUTHOLD, NEW YORK APPEAL NO. ....... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ], ~V~) Paul Stoutenburgh of 4015 Skunk Lane Name of Appellont Street and Number Cu~cho~.ue NY ........................................................................................................................ HEREBY APPEAL TO Mumicipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED' O~.9~e~: 28 986 WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ..4.015 Sku.n...k. Lane~ Cutcho~ue, NY Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY ( ) 1 LOCATION OF THE PROPERTY Skunk Lane Tax Mal~' 098 Block 01 Lot 06 Street Use District on Zoning Map 098 ............................................................. .0...6. ............... Current. Owner Paul and Barbara Map No. Lot No. Stoutenburgi~ 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.) ART III sec 100-32A 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A prev,ous appeal (has)~been made with respect to this decision of the Building Inspector or with respect to this property. Such appec was ( ) request for a special permit ( ) request for a variance aha was made in Appeal No ................................. Dated ............................ RF-J~SON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 - (.gg'/A Variance to the Zoning' Ordinance ( ) is requested for the reason that structure is ove~ 18' high. Water windmill Form ZBI (Continue c~n other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficc~[t'~.i~.~or ~unneces- sary HARDSHIP because 1.Cost of pumping water (electricity) can be expensive whereby wind energy costs nothing. 2.The gift of the top (motor) and fan of the windmill that my children ~ave me would go unused. 3.I would be deprived of using the resources of air and water that are by right mine to use and en~ov~ 2 ]'he hardship created is UNIQUE and is not shared by aH oroperties a~ike in the immed[ote vicinity of this ~roperty and in this use district because 3. The Variance would observe the ~irit of the O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the property has always been used for farming and is now used as pasturenfor three cows. It is bordered on two sides by farm fields, the third side is my home and the fourth side an empty pasture before homes. The parcel where the windmill bill be erected is in the farthest corner of the pasture away from homes. The water will be used for the cows, ~arde~ and orchard. STATE OF NEWYORK )) ss COUNTY OF c5'~/~-/~c- ) Signature Sworn to this ........... ~'~... .................... day of ...... ~.~..~ ............... 19 ~ ~ Notar,~ Public STREET VI LLAGE OWNER FORMER OWNER CARD SUB. LOT S A, ND SEAS. IMP. VL TOTAL FARM DATE AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable I Tillable 2 Tillable 3 ACR. ~ TYPE OF BUILDING BULl(HEAD Total , DOCK REMARKS , 7, ' ~ ~ " ''~' ' ' Swampland FRONTAGE ON WATER BrushIand FRONTAGE ON ROAD House Plot DEP'.rH Woodland COMM. CB. MISC. Mkt. Value Southold Town Board of Appeals MAIN ROAD- 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, JR. S .E.Q .R.A. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance January 8, 1987 APPEAL NO.: 3591 PROJECT NAME: PAUL STOUTENBURGH, JR. 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 simil&r project. ] Type II [~] Unlisted [ ] TYPE OF ACTION: [ DESCRIPTION OF ACTION: Accessory windmill tower in excess of.18 ft. height requirement. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 4015 Skunk Lane, Cu.tchogu~, NY 98-01-06 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the shore 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) Is not located within 300 feet of tidal wetlands or other critical environmental area. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. NOTICE OF HEARINGS NOTICE 1S tlEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the follow, lng public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Soutlx- old, NY at a Regular Meeting on THURSDAY, JANUARY 1987 at the following timeS: 7:35 p.m. Appeal No. 3587 -- ROBERT AND EILEEN M: JOHNSON. Variance to tho Zoning Ordinance, Article S~ ctinn 100-1192 for permission to construct addition to existing dwelling with an insufficient setback from tidal water area at premises known as 430 Getty Creek Re,~ Snuthold, NY; Dis- trict 1000. ~e ~,,m 87, Block 5, Lot 3. 7:40 p.m. Appeal No. 3594 ANNE C. MASON. Variance the Zoning Ordinance, Article XI, Section 100-119,2 for permis- sion to construct deck addition to existing dwelling with an insuf~ detent setback from tidal wet- land area at premises known as 1250 Lupton Point, Mattituck, NY; District 1000, Section 115, Block 11, Lot 12. 7:45 p.m. Appeal No. 35855E .. ALVIN AND PATRICIA cOMRS. Special Exception to the Zoning Ordinance, Article III, Section 100-3016) for permis- sion to establish "Bed and Breakfast Use, an Owner-Oc- cupied Building, other than a hotel, where lodging and break- fast is provided for not more than six casual, transient room- ers, and renting of not more than three rooms." Location of prell- erty: 2500 Peconic Lane, Peconic, NY; County Tax Map' Parcel No. 1000-74-03-24.2. 7:50 p.m. Appeal No. 3588SE MARY J. MOONEY' ~ETOFF, Special Exception to the Zoning O :.inance, Article Ill, Section 100-J0(B) for permas' sion to establish "Bed and Breakfast Use, an Owner-Oe- cupied Building, other than a hotel, where lodging and breah- fast is provided for not more than six casual, transient r~om- ers, and renting of not more than three rooms." Location of Prop- erty: 1475 Waterview Drive, Seuthold, NY; County Tax Map dJPs3 arcel No. 1000-78-007-'20. 7:55 p.m. Appeal No. 359I-- AUL STOUTENBURGH, R. Variance to the Zoning Or~ thence, Article III, Section 100- / 2 for permission to locate acce~ ory windmill tower in excess m · / ~aximum-permitted 18 ie~'~ / height requirement, at 4,0~1~ \ / Skunk Lane, Cutohogue, NY; [ County Tax Map Parcel No,. ~, 1000-98-1-6, ~ 8:00 p.m. Appeal No. 3583 FREDERICK AND HELEN HRIBOK. Variances to the Zon- ing Ordinance, Articles: (Il 111,. Section 100-31 for insufficiehZ southerly side yard and tot:al side yards, and (2) XI, SectiOn 100-119.2 for insufficient back from existing bulkhead along Arshamomaque pond, for this proposal to construct garage addition to existing dwelling, at 90 Carole Road, Seutbold, NY; County Tax Map Parcel N~. 1000-52-2-4. 8:05 p.m. Appeal No. 346l -- tIELMUT HASS. Variances to thc Zoning Ordinance, Article VII, Sections: il) 100-71, Bulk Schedule, for insufficient lot area and lot width; (2) 100-70IA) establishing existing residential use as principal use of proposed southerly parcel; (3) 100-70iA}' and 100-71 for approval of insuf- detent livable-floor area in the existing dwelling use of prol~ osed northerly parcel. Zoning District: "B-I' G~neral Busi~ ness. Location of PropertY: 35350 County Road 48, Pecenie, NY; County Tax Map Parcel Ne. 1000-69-04-2.1. 8:10 pm. Appeal No. 3552-- JOHN SENKO. (Hear ng re~es- set from December 11, t988k Variance for ,s,h~opping-center use in this "B-E General Busi- ness Zone with 30,084 sq. it. lot ar~:a~0 p.m. Appeal No. 3572SE .. MICHAEL AND JoYCE MATTES. (Hearing recessed from December 11, 1986). Spec- ial Exception for Bed and Break- fast in existing building. 8:45 p.m. Appeal No. 3584SE _. DONALD AND JEANNE HITTER. Special Exception to the Zoning Ordinance, Article IIL Section 100-301B) 1100-31) for permission to convert exist- ing one-family dwelling to a two- family dwelling, bo~ation of Property: 2585 peconic Lane, Peconic, NY; County Tax Map parcel No. 1000-74-03-'20. The Board of Appeals will hear at said time and place alt persons or representatives desir- ing to be heard in each of the above hearingS. Written com~ meats may also bo submittc~t prior to the conclusion of the subject hearing. For more infor- mation, please call 765-1809. Dated: December 11, 1986. BY ORDER OF THE soUTHOLD ToWN BOARD OF APPEALS GERARD P. GOEHRINGER; CHAIRMAN Linde Kowalskl, Board Secretary 2TD25-5458 STATE OF NEW YORK ) ! SS: cOUNTY OF SUFFOLK } of Greenport, in Carol Sqarlata said County, being duly sworn, says that he/she Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper. published at Greenport, In the Town of Southold, County of Suffolk end Stats 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 successively, commencing on the 24 day of Dec 198 ~ . /Prlnc,lpall Clark Sworn to befol~l~e t --~-/---~ ~ / ~ ~ St, .... ~ 40 4849860 .. NOTICE OF HEARINGS NOTICE IS HEREBY. GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of. Southold, the following public beatings will be held by the ~outhold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting on THURS- DAY, JANUARY 8m 198'~"~h~ following time~:. - 7:J5 p.m. Appeal No. 3587- ROBERT AND EILEEN M. JOHN&ON. vartance to me' ~inance, Article XI, Section 100-119.2 for permission to construct addition to existing dwelling with an insufficient set- back from tidal water area at premises known as 430 Corot Creek Road, Southold, NY; District 1000, Scction 87, Block 5, Lot3. 7:40 p.m. Appeal No, 3594. ANNE C. MASON. Vasiance to the Zoning Ordinance, Article XI, Section 100-119.2 for per- mission to construct deck addi- tion to existing dwelling with an insufficient setback from tidal wetland area at premises known as 1250 Lupron Point, Mat- tituck, NY; District 1000, Sec- tion 115, Block 11, Lot 12. 7:45 p.m. Appeal NO.3585SE- ~,LVIN AND PATRICIA COMBS. Special Exception to ~ng Ordinance, Article I11, Section 100-30(B) for per~ mission to establish "Bed and Breakfast Use, an Owner- Occupied Building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms:' Loca- tion of Property: 2500 Peeonic Lane, Peconic, NY; County ~ax Map Parcel No, 1000-74-03-24.2. 7:50 p.m. Appeal No. 3588SE'' MARY J. MOONEY-GETOFF. Special Exception to the Zoning Ordinance, Article 111, Section 100-30(B) for permission to establish "Bed and Breakfast Use, an Owner-Occupied Building, other than a hotel,' where lodging and breakfast is. provided for not more than six casual, transient roomers, and. renting of nbt more than thee rooms:' Location of Property: 1475 Waterview Drive,. Southold, NY; County Tax Map' cuarCel No. 1000-78-00%20. 7:55 p.m. Appeal No. 359!- L STOUTENBURGHt JR, fiance to the Zoning Or-. nance, Article 111, S~tion } 100-32 for permission to locate / accessory windmill tower in ~x- / cess of maximum-purmitted / feet height requirement, at 4015' [ Skunk Lane, Cutchogue, NY;' { County Tax Map Parcel No.. ~.. 1000-98-1-6. . 8:00 p.m. Appeal No. 3583.~ FREDERICK AND HELEN HRIBOK. Variances to the Zon- ing Ordinance, Articles: (1} 111,' Section 100-31 for insufficiant Southerly side ~nt and to.iai · ide yards, rout (2) Xi, 100-119.2 for Insuffi~"nt from e=~ting bulkhead along Arshamomaque Pond, for this, proposal to conitnlct garnge ad- dition to exi~tit~ dwelling, at 90 Carole Road, Southold, NY; County Tax Map Parcel No. 1~00-52-2-4. C~NTY 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 T~)veler-Watchman once each week for ........................... weeks successively, commencing on the ~ ~/r~ Sworn to before me this c:>q ~// ~ ..................... day of ~ ~-"~"-'/'-"-- ] 9 e~', 8:05 p.m. Appeal NO. 3461- ........ ' ............... ' ..... HELMUT HASS. Variances to Notary Public BARBARA FORBES l'!ot.iry Pt, L!/, St:de <.' New York Corram.;sl,,n I. xp cea c~/-~-7..r/ 19 ~ the Zoning Ordinance, Article VIL Sections: (1) 100-71, Bulk Schedule, for insufficient lot. area and lot width; (2) 100-70(A) ' establishing existing residential' use aa principal use of propos- ed southerly parcel; (3) 100-70(A) and 100-71 for ap- proval of insufficient livable' floor area in the existing dwell; lng use of proposed northerly parcel· Zoning District: "B-I" General Business. Location or Property: 35350 County Road, 48, Peconic, NY; County Tax Map Parcel No. 1000-69-04-2.1. 8:10 p.m. Appeal No. 3552- JOHN SENKO. (Hearing recessed from December 11, 1986). Variance for shopping' center use in this "B-I' General Business Zone with 30,084 sq. ft. =lot area. 8:30 p.m. AppealNo. 3572SEaio~ MICHAEL AND JOYCE MAt-rt~S. (Hearing recessed~ from December 11, 1986), · Special Exception for Bed and' Breakfast in existing buildin& 8:45 p.m. Appeal No, 3584SF~ DONALD AND JOANNE RtTTER. Special Exception ~o the Zonin~ Ordinance, Article 111, Section 100-30(B) (100-31) for permission to convert ex- isting one-familY dwelling to a two-family dwelling. Location of Property: 2585 Peconic Lan~ Peconic, NY; County Tax. Map Parcel No. 100~-. 74-03-20. The Board of Appeals Will hear at said time and place ttil persons or represen~tives desirZ lng to be heard in each of the above hearings. Written com- ments may also be submitted . prior to the conclusion of the subject hearing. For mo~e intor; marion, please call 765-1809.' Dated: December 11, 1986' BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary IT-12/25/86(6) ~' Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS ¢,ERARD P. GOEHRINGER, CHAIRMAN C~ARLE$ GRIGONI$, JR. SERGE DOYEN. JR. ~,OBERT J. DOUGLASS JOSEPH H. SAWICKI 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 thdre 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 ~J. z~./~_ .~.~. G'~'RA~D P. 'GOEHR~"NGER ~' CHAIRMAN Enclosure Linda .Kowalski Secretary and Board Clerk Southold MAIN ROAD- ~:TATE ROAD Town Board of Appeals SOUTHOLD, 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 May 27, 1987 Mr. Paul Stoutenburgh 4015 Skunk Lane Cutchogue, NY 11935 Re: Requested Dated May 20, 1987 Appeal No. 3591 , Decision Rendered 2/5/87 Dear Mr. Stoutenburgh: This letter will confirm that the Board considered your request for a rehearing dated May 20, 1987, in order to shorten the distance of the setback of the water windmill tower from 35 feet to 20 feet. Inasmuch as your application was for a setback at 30 feet (as shown on the sketches submitted with your application), the request made herein is for different relief, and we are by law not permitted to reopen this hearing in order to permit relief to less than that originally applied, It would appear that the only recourse would be to apply under a new application, submitting the reasons for this reduction to the 20 feet, and other criteria to be met and required by law which would substantiate granting this request. If you plan to apply under separate application, please let us know as soon as possible in order that we may try to include same on the next available hearing calendar. We are sorry that there is no other method in which we might be able to assist you in this regard. lk Your~s ry ~ ~ GERARD P. GOEH'R'iNGEP,~::'/''''-~''~- CHAIRMAN ~__~THOLD TOWN BOARD OF AppEAJ-q MATTER OF PAUL STOUTENBURGH, JR. THURSDAY, JANUARY 8, 1987, PUBLIC HEARING 8:08 p.m. Appeal No. 3591 - Public Hearing commenced in the Matter of PAUL STOUTENBURGH, JR. Accessory windmill tower in excess of 18 feet height requirement. 4015 Skunk Lane, Cutchogue. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey dated August 28, 1957 indicating the placement of a windmill on a lot which is ap- proximately 2.431 acres which is to the rear of the Stoutenburgh house. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Stoutenburgh, would you like to be heard? MR. STOUTENBURGH: It's just a word I'd like to ask. I think the Board has a requirement that the windmill must be placed a height of the windmill away from the edge of the land. And I'm wondering if they could possibly waive that in the sense that where this is and you have a map before you. It is in the extreme corner which has farmland all around. And I would not do it unless I had the permission from the farm. I mean the adjacent person who owns that farm. If-I could get that, would it be permissable? And the only reason for that is that I have a photograph here which will show, and I think you saw this, the land runs off and I'm trying to use the height of the land to get the elevation because the trees around in the nearby area will give a problem as far as wind goes. So that's the only thing I would ask is that if I could get permis- sion from this farmer that it could be closer, then I could do that. Could I show you this photograph. CHAIRMAN GOEHRINGER: Sure. Definitely. MR. STOUTENBURGH: I think it also shows the windmill on a truck which I didn't have. So I couldn't tell you too much about height and everything but there it is right there. And what I hope to do is erect it in that far corner. CHAIRMAN GOEHRINGER: And that's 30 feet from each property line, approximately right now? MR. STOUTENBURGH: Pardon me. Ct~IRMAN GOEHRINGER: the property line. In fact, I notice here you have 30 feet from MR. STOUTENBURGH: Yes. The windmill is actually higher than that. CHAIRMAN GOEHRINGER: I'm aware of that. MR. STOUTENBURGH: There's only 20 feet or something difference in that. Page 2 - January 8, 1987 Public Hearing - P~ Stoutenburgh, Jr. Southold Town Boar~bf Appeals CHAIRMAN GOEHRINGER: The height is 39 feet and 28 feet. MR. STOUTENBURGH: That's not correct. That is merely to show you the type of windmill it is. The windmill is probably more in the 50 foot range. That's why I need that extra 20 feet. CHAIRMAN GOEHRINGER: Ok. Is that to the top of the rotors, the 50 feet. MR. STOUTENBURGH: The top of the windmill. CHAIRMAN GOEHRINGER: Then the 6 foot windmill goes on top of it. Can I ask you, we always ask this question and I don't know if it's pertinent in this particular application as it is in some of the other ones because some of the electronical generating wind- mills, they give off a certain drone. Have you seen one of this nature operate? MR. STOUTENBURGH: Well let me tell you where there is one so that you can check and there's one right at Donald Tuthill's here right outside of Southold and there's also one right on the North Road about a quarter of a mile down from that and both of these are right alongside of a home. These are slow motion. This is an old type thing. It isn't the high speed windmill that generates energy and gives off a whirling sound. This is the old type. CHAIRMAN GOEHRINGER: storm type of...? Would you be shutting this down in a wind MR. STOUTENBURGH: Pardon me. CHAIRMAN GOEHRINGER: Would you be shutting it down in a wind storm? MR. STOUTENBURGH. Yes. ~bsolutely. They have you turn it and that takes the wind out of the and it will no~ ~urn a~ all. a mechanism whereby sails so to speak CHAIRMAN GOEHRINGER: The only thing you're going to give us is a letter f~om the surrounding property owner. MR. STOUTENBURGH: Yes. That's right. And if that would be, then I could use the 30 foot instead of the 50 foot. CHAIRMAN GOEHRINGER: Ok. Thank you sir. Is there anybody else? TAPE ENDED CHAIRMAN GOEHRINGER: Hearing no further questions, I make a motion closing the hearing reserving decision until later and we thank you very much for coming in. Ail in favor - aye. May 20, 1987 Southold Town Board of Appeals Southold New York 11971 Appeal # 3591 Dear Mr. Goeringer: A few months ago when we had our hearing concerning the erection of a water windmill my main concern was the distance away from my neighbor's north and east corner line. I had wanted it as close to the property line as possible but when the permit came through it was 35 feet. At the time of the 9earing I had asked if I could get a letter from my nezghbor (Mr. Phil Marco) for a lesser distance if it would be acceptable by the board and the answer was "yes". I notified the secretary that I was unable to get in touch with Mr. Marco but would be back to her as soon as I did. I now have that letter which you have a copy of and am hoping that the board will rehear our case with the purpose of shortening the distance to the 20 feet that Mr. Marco willingly agreed to. I would appreciate anything you can do so that I may better utilize my pasture area by keeping the windmill up in the corner of the property. Thank you for your consideration. Sincerely, Paul Stoutenburgh ./~ S th Id Tow B d lApp Is TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRrNGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAW~CKi February 19, 1987 Mr. and Mrs. Paul Stoutenburgh 4015 Skunk Lane Cutchogue, NY 11935 Re: Appeal No. 3~91 (Variance Dear Mr.-and Mrs. Stoutenburgh Enclosed please find a copy of the official findings and determination recently rendered by the Board of Appeals and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for their authoriza- tion of any new construction, or for ot~er written documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to: Building Department GERARD P. GOEHRINGER cMAN . / nda F. Kowalski Secretary Page 3 - Mailing List Public Hearings January 8, 1987 Southold Town Board of Appeals Copies by mail to the following on or about 12/19/86: Mr. and Mrs. Robert E. Johnson, 40-24 208th St., Bayside, NY 11361 Bob Koch & Son, for Anne C. Mason Woodcliff Drive, Mattituck, NY 11952 Mrs. Anne C. Mason, 709 Vivienda West Blvd, Venice, FL 33595 Mr. and Mrs. Alvin Combs, 2500 Peconic Lane, Peconic, NY 11958 Mrs. Mary J. Mooney-Getoff, Box 377, Southold, NY 11971 Mr. Paul Stoutenburgh, 4015 Skunk Lane, Cutchogue, NY 11935 Mrs. P.C. Moore, Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 for Mr. and Mrs. Frederick Hribok Samuel J. Glickman, Esq., ll4 Main Street, Greenport, NY 11944 for Mr. Helmut Hass J. Kevin McLaughlin, Esq., 828 Front Street, Box 803, Greenport, NY 11944 for Mr. and Mrs. Donald Ritter Stephen R. Angel, Esq., 108 E. Main St, Box 279, Riverhead, NY Daniel C. Ross, Esq., Main Road, Box 1424, Mattituck, NY 11952 Mr. Garrett A. Strang, R.A., Box 1412, Southold, NY 11971 ll901 Barbara L. Coughlin, Esq., McNulty, Dipietro & Haefeli 130 Ostrander Avenue, Riverhead, NY 11901 for Mr. and Mrs. Mattes Mr. and Mrs. Douglass Shaw, Breakwater Road, Mattituck, NY 11952 Mr. and Mrs. Henry Haan, 340 Breakwater Road, Mattituck, NY 11952 Mr. and Mrs. Michael Mattes, 50 Luther Road, Box 831, Mattituck 11952 Z.B.A. Members Posted on the Town Clerk Bulletin Board 12/19/86 Z.B.A. Office Bulletin Board 12/19/86 Building Department 12/19/86 Suffolk Times 12/22/86 L.I. Traveler 12/22/86 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 3, 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. 3591 application of Paul Stoutenbur~h for a variance. Also included is Notice to Adjacent Property Owner; Notice of Disapproval; copy of application for a Building Permit; manual for water windmill; letter relative to NYS Tidal Wetlands Land-Use; Short Environmental Assessment Form; copy of deed; copy of survey. Judith T. Terry Southold Town Clerk Men~andum from.... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 Date: 1/30/86 To: Councilman Stoutenburgh From: Z.B.A. Re: Appeal No, 3591 Just a reminder that ZBA awaits letter of consent from property owner (Marco & ano.) as discussed at the public hearing. If you are able to bring in written consent by late Thursday, February 5th, ZBA will be in a position to render a decision for you. Linda TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE /.~...,.,~ .................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ......................... of ....................................... Neme of Appellant Street and Number ..... ~..u..t.e.t}.o...~.u...e. ....................................................................... ~. .................. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .0.~.11g.~..e.~'...~..~..~...~,.9...8..~ ............... WHEREBY THE BUILDING INSPECTOR DENIED TO Paul Stoutenburgh Nome of Applicant for permit of ..................................... ............... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY S..k..q.n.~...L..~n~..e......~.~x.....~...~.~?.~8....B.~.~.~?~..~.~..~..~....~.~.~...~.~ ....... Street Use District on Zoning Mop 098 06 .................................................................................. Current 0~ner Paul and Barbara Map No. Lot No. Stoutenbur~ 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.) ART III sec 100-32A 3. TYPE OF APPEAL Appeal is made herewith for (x) 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) a-(~osno~been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in 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 ~truCture over 18' high. Water windmill Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 1.Cost of pumping water (electricity) can be expensive whereby wind energy costs nothlnR. 2.The efft of the top (motor) and fan of the windmill that my children Rave me would go unused. 3.1 would be deprived of using the resources of air and water that are by right mine to use and en~ov. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the property has always been used for farming and is now used as pasturenfor three cows. It is bordered on two sides by farm fields, the third side is my home and the fourth side an empty pasture before homes. The parcel where the windmill ~ill be erected is in the farthest corner of the pasture away from homes. The water will be used for the cows, garden and orchard. STATE OF NEWYORK ) COUNTY OF --c~/~rO~Cl ss ............... Signature Sworn to this .............................................. day of ......... ~.~.. ~.. Not6ry Public /.INDA f KOWALSKI liOTARY PUBLIC. State of New Yor~ No 52-4524771 Quahfied m Suffolk County ~,Ommlsslon Expires Nov 30, 1988 to the TO: BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : Paul Stoutenbur~h : : Board of Appeals of the Towu of SouthQld : i-~.arolcI W:LCKS Jr. Dz Rose Avenue NOTICE 11101 To , Floral Park NY ADJACENT Phil Marco, 37 Riverside Dr. NY NY 10023 PROPERTY OWNER G. Robert Dickerson, 555 Lupen Dr., Cutchogue, NY 11935 Frank Cichano~icz, III, Lupen Drive, Cutchogue, NY 11935 Frank 3aeger, Billard Road, Cutchogue, NY 11935 Edward Flahert¥, Box 44M, Pine Tree Rd, Cutchogue, NY 11935 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 ~-~Fe~ (Special Exception) (Special Permit) (Other) [circle choice] ). 2. Thattheproperty whichisthesubjectofthePetitionislocatedadiacenttoyourpropertyandisdes. cribedasfollows:2,431A of land east of land with home owned by Paul and Barbara Stoutenbur~h at 4015 Skunk Lane and north of land owned by Paul and Barbara Stoutenbur~h off of Blllard and Lupen Drive. 3. That the property which is the subject of such Petition is located in the following zoning district: County Tax Map No. 1000 Sect. 098 Block 01 Lot 06 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: Relief from height restriction of 18' under Article III Sect. 100 32A variance required from Zonin~ Board of Appeals. $. That the provisions of the Southo d Town Zoning Code applicable to the relief soueht by the s~gned are Art3.cle II'I Sect.~c~ 100-32A [ ] Section 280-A, New York Town Law for approval of access ~over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the $outhold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: October 28, 1986 Petitioner Barbara and Paul 0wners'Names:Stoutenbu#sh %o6LQffice Address l~ Skunk Lane Cutchogue, New York 11935 (Tel. 516-734-6605 ) PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P-592 3&4 590 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~t'~,,~l S%,,+~'~ Lt/~'o,k . residing at ' ~k~ ' , ' ' .(-J , being duly sworn, deposes and say's thit on the..~ O day' of ~ ~ ~ W' ,19 {K~L , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current asAessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice aL (---~eL~r~t" k~C~o I, toI N, L~ , ; that said Notices were mailed Io each of said persons by Sworn to b~fore me this day of ~C~ Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) (TcU~y's Date~/ To: $outho!d Town Board of Appeals ' · Main Road Sou.~hold, NY 11971 Dear Sirs: In reference to the New York State Tidal Wetlands ~iand-Us Regu~akions, 6 NYCRR, Part 661, and Article 25 of the ~ie~-~ York S~ate. Environmental Conservation La%.;, please be advised zubjec~ property iQ the within appeal ap. (please check ~e box) [ ] May be locatad ~ithin 300 feet of tidal wetlands however, constructed along the water-lying] of this prope~'ty is a bulkhead in very geed -- conditicn and at least 100 feeU in ~length. [ ] May b~ 'located within 300 feet of ~-' - t_~a_ wetlands. however, constructed along the wa~Cr-ly~n~ edge of thi~ property is a bulkhead in need of ( (major) regairs, and apprTximate!v feet in length. ' - [ ] May be located '' ' wl."hln 300 feet of tidal wetlands; however, constructed along the · ~ ~-- · %~a~e. lying edge of this property is a bulkhead less than 100 fee[ in length. May be loc",ted :.~ithin 300 feet of t~da. wetlands; · and there is no bulkhead or co, 'on the premise~. .~ ..... wail ' [~] Is not located withiu 300 feet of tidal Wetlands to tho best of ~y knowludge.* not appear to [.~ta,~ed items (*) lnd[cate your property doo~ fall within tho jurisdiction of the N.y.s' D.E.C. Sincerely you.~ ~:OTE: If proposed project falls ~it'l~in D.E.C. juri~di'ction, appcoval must be received an~l Sukmit~6d to our office before your a.~plicacion can be scheduled .., ~.~':1''1 ;.r ' . m~s~on O~ :n~torm, and an envlronmer~ta~.rev uw will 'be r ~¢.~.,:, . , . made by this ~rd before any acti m is Ien. /... ,.,~, ..~, . .. , .. ....... . ...,: , , , ~ . '.~"~',',,~' :,~ ~'~;" ' ,, ' ' : ," .' ' ' ' ~t~O~T v Vl~O'~'~ T~ ASS~"~'~ - ~'~,'~ ' ' ~"'?'~ · '~,,%.-['.. .... ,,": .'~ ~. ' · '.', '. ' .... ' ., '. .:,~t...';", '. ,.' (a) ~n order ~o ~nnwer the aue~t%on~ l~ ~- -~ ....... ~ ,,...'. ' ,, ,~;":'. l~ely ~ctm of the action. It i~ not e~:ct~d tha¢ amH~"~ m'~J~ ~n: ,n~ ~.~u'~'~ .... ", f"' '~ 'V, ~'~ 'eL' ' ' ' ' ' .... ' .... ~ "' r'' : -'~. · T."~,'~" '~-;' .'~,cc~p~e~ed ~nv~rc~entaL A~e~am~nt ~o~.~ ..... ~joc~ ~y ~e m~ftcant and .'?' : ~ b' ;4 .... (c) Z~ all questions h~vo been 6n~d )n ~- · , .... - ..... >,,r. .,.,.,~;..,.-~j:.~,;:,.,~nc. ~nlf~canc.. . ,. , ~a ~o~y tr~ thl~ project i~ ," ',? . , ~J~ ~[, i)~,n .' ,;',., ¢..- . .~ <~/,," .,'..'' . ., . ','- , :', . '~ . ~,,~-~.' · . :....,1..:;? ~.,,... ,. ...... , · , .... , . , ., · · :. ~'".%. '- ' .r' : . t to t~e pro~ec~ ~ta or ph2~c~[y oltcr mor~~ ,' ' ' " .' q ~:'~'; ...:[~;{~,...'~;['>:wJf'~.;..4,;:j~.:.L'tT ~n ~0 acre~ of Z~nd~ , , . . - -- ' ........ ..,. .. ~ ~ ~o . .. · ,., ~...,. ?. : .., ~. ~i proJec, alter or ~ve a ~rge effect on :. '. ~o,~dwater quality? ' ' ' ' ' ' ' ' · '' ' Y~3 ' ' ~o~ No 6, Will project affect any threatened or endangered plant or ankvnl ~pe:~? ....... W~i project re=~t In a major ndvorno effect on alt qualltT? ' ' ' · · _ Yc~ X 8. W~i project have a ~aJor effect on visual cbm~ kno~ to b~ ~portant to tho com~unit7? * * * Ye: 9, W~ll project adveraol7 ~pact any ~ito or ~tm~c~ . ~ ~, -- ute of hieratic, pro-21~torlc, or pal6ontolo~lcul 10. W~I project have a meier effect cn oxistinE..or 11. Will project result ~n'mmJor traffic problem2 or :~..- · · . _ Te~ 12. Will project regularl7 cause objectionable odor:,, noioo, glare, vibration, or electrical distur~ "' anco as a roa~t of the proJect'~ operation? . Yes ~). Will proJec~ h,lve any impact on public healch or safetT" ...... ' ' ' ' ' · Ye: l&, Will project ~ffect the exiot~n~ con-unity by directly eau:in4 a ~rCwth In ~c'rmnn~,n~ papule- " · .-, ~t-r.'3 S , ,,~,l~ . ,.-, ~'. ..]~" ~11/~ ~ DAT~: '