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HomeMy WebLinkAbout3587 Southold T° wn Board of Appeals MAIN ,R_O_AD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 ~.~,~ .~, '--' TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3587 Application Dated December TO: Mr. Robert E. Johnson 40-24 208th Street Bayside, NY ]]36] 1 , 1986 [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 XI , Section 100-]]9.2(B) [ ] Request for Application of ROBERT AND EILEEN M. JOHNSON for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to con- struct 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. WHEREAS, a public hearing was held and concluded on January 8, 1987 in the Matter of the Application of ROBERT AND EILEEN M. JOHNSON under Appeal No. 3587; 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 for permission to con- struct a 20' by 22' addition along the north side of existing one-story frame dwelling which will leave an insufficient setback from the existing bulkhead at 36+ feet (landward of existing construction. 2. The premises in question is a described parcel containing a total area of 9,900± sq. ft. and 75 ft. lot width (frontage) along the south side of private right-of-way, Corey Creek, Southold. The subject premises is improved with one single-family one-story dwelling having an established setback at four feet from its closest point from the existing bulkhead along Corey Creek. 3. Article VI, Section lO0-119.2, subparagraph (B) requires (CONTINUED ON PAGE TWO) DATED: February 5, 1987 Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 Appeal No. 3587 Matter of ROBERT JOHNSON Decision Rendered February 5, 1987 611 §U~l~ffi~§ and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five feet from the landward edge of the tidal wetland, whichever is the greater distance. 4. The addition as proposed is a greater distance fbom tidal water or wetland than the existing dwelling. There is no other method feasible for appellants to pursue, other than a variance, and it ii the opinion of the board members that the construction proposed is minimal under the circumstances. 5. It is further noted for the record that a wai~'has been issued by the Southold Town Board of Trustees dated January 29, 1987, and a permit under No. 10-86-1750 has been issued by the N.Y.S. Department of Environmental Conservation. In considering this appeal, the board also finds and determines: (a) that the project as proposed is not out of character with the immediate neighborhood along this area; (b) the relief requested is not substantial in relation to existing construction; (c) the circumstances of the land are unique; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (e) there is no other method feasible for appellant to pursue other than a variance; (f) there will be no sub- stantial detriment to adjoining properties; (g) 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. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Variance from the Provisions of Article XI, Section 100-119.2(B) of the Zoning Code as applied for a 20' by 22' addition landward of the existing dwelling in the Matter of Appeal No. 3587 for ROBERT AND EILEEN JOHNSON, SUBJECT TO THE FOLLOWING CONDITIONS: l'; One side yard area must remain open and unobstructed a minimum of ll feet at all times; 2. Proper building permit to be issued and construction commenced within two years.- In the event a building permit has not been issued and construction commenced within two years, this variance will automatically become null and void. Vote of the Board: Ayes: Doyen, Douglass and Sawicki. lk * GERARD P. GOEHRINGER, O$1'AIRMAN February 15, 1987 Messrs. Goehringer, Grigonis, This resolution was duly adopted. 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 Hall, 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. 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 PATRICIA 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 than 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, Southold, 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 100-32 for permission to locate accessory windmill tower in excess of maximum-permitted 18 feet height requirement, at 4015 Skunk Lane, Cutchogue, NY; County Tax Map Parcel No. 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 to existing dwelling, at 90 Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-4. 8:05 p.m. Appeal No. 3461 - HELMUT HASS. Variances to the Zoning Ordinance, Article VII, Sections: (1) 100-71, Bulk Schedule, for insufficient lot area and lot width; (2) lO0-70(A) establishing existing residential use as principal use of proposed southerly parcel; (3) lO0-70(A) and 100-71 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. 8:10 p.m. Appeal No. 3552 JOHN SENKO. (Hearing recessed from December ll, 1986). Variance for shopping- center use in this "B-l" 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 information, 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 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., 114 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 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 12/19/86 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ · o · .q.?.~?...~:.~..~. ~...~$~......~.4 ...... ~~....~ ~.....t~ ~ ~ ...... PLEASE TAKE NOTICE that your application dated ... ~ .~~. ~ ....... 19 ~ ~.. ,-o~ ,,e=~ ~o ~o,,~.. ~..v.~.%...~...~.~. ~~ .......... a~ ~o~,,o,o~,ro~t, ~.~..~.%.~.~. ~ ~ ~ .~.~. House NO. ' .... ~r~{ ....... Ham/et County Tax Map No. 1000 Section . .-~. ~ ~ ..... Block .... .O. C ..... Lot ~ ~ .... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds~ .~ .~ I ~' l~ ~. ~.~ .q ~..% ~ ~;. ~.~.~....~~ ~ ~ ~ ~ ~ ~.~. ~ ~ ~....%.~..~~ ~ ~ ~~ '~ ..................... ~.~.~.~ ....... . - Building Inspector RECEIVED DK'C 0 ~. 1986 TOWN OF SOUTHOLD, Nk~ YORK Town Clerk ~1~L FROM DECISION OF BUILDING INSPECTOR APPEL DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, (We, ......... .................... Name of Appellor~t Street and Number ............... .............................................................. TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...... l.[ .................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ....... ............ .................. Name of Applicant for permit of ~. ~ r( Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Street /Hamlet / Use District on Zoning Map District 1000 SectionZ~ BlockO~Lot~ ~ ' 0wner~£~7-~ ................................................................................ ..~.urrenc Map No. Lot No. Prior 0wner./~E~) 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Pa~g~;~raph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ? Section lDO>- //?. Z~ 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) (,~ 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. Lows Art. ]6 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has)L~'has n.a,~been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ('L/~A Variance to the Zoning Ordinance ( ) is requested for the reason that ~orm z~ (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~ ~' ~-~ ~ '~_ ~'~/~ '-F/~ ~ ~- ~ 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 CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) ) ss COUNTY OF 's~/~'~ZK ) Sworn to this ............... [. ............................. day Notary Public ELIZABETH ANN NEVILLE a_ry Public, State of New Yon~ · ~z_-8125850, Suffolk Couj~¢~ rm Exl~ree October 31, TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER ~FOR6AE~ O~/~ER STREET S VILLAGE DIST. SUB. LOT E ACR. t TYPE OF BUILDING LAND . IMP. VL. TOTAL 2./o ~ V'/ FARM DATE COMM. CB. MICS. Mkt. ValUe REMARKS [ AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre ~ Value Per Value Acre J Tillable FRONTAGE ON WATER Woodland Meadowland FRONTAGE ON ROAD DEPTH House Plot BULKHEAD Totol !' DOCK ,.'?,o ioJ., /d/~.- /~)~ o , / COLOR Extension Porch Foundation Basement Porch -' :EXt. Walls Breezeway ~ Fire Place Garage ~ Type Roof Patio Recreation Room Total :Dormer I Bath Floors Dinette K. Interior Finish ?~uz ~- LR. Heat /1/o . DR. Rooms 1st Floor BR. Rooms 2nd Floor FIN. B Driveway NOTICE OF HEARINGS NOTICE IS HEREBY 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 Seuthold Town Hall, Main Road, South- old, NY at a Regular Meeting on THURSDAY, JANUARY 1987 at the following time~: ~'7:35 p.m. Appeal No. 3587 -- ROBERT AND EILEEN M: JOHNSON. Variance to thd 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 Roen %uthold, NY; Dis~ trict 1000, Se:t i~n 87, Block ~5,~ Lot 3. ~7:40 p.m. Appeal No. 3594 ANNE C. MA~ON. V~n~ to~ the Zoning Ordinsne~, Article XI, Section 100-119.2 for pennis- sion to construct deck addition to existing dwelling with an insuf~ ficient setback from tidal weS- 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. 3585SE -- ALVIN AND PATRICIA COMBS. Special Exception to the Zoning Ordinance, .Article HI, Section 100-30(B) for parrots: 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 three rooms." Location of Pro!5- ~rty: 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 O-;.thence, Article HI, Section 100-J0(B) for permis~ sion to establish "Bed and Breakfast Use, an Owner-Od~ 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 Prop- erty: 1475 Watorview Drive, Seuthold, NY; County Tax Map Parcel No. 1000-78-007-20.' 7:55 p.m. Appeal No. 359I -- PAUL STOUTENBURGH, JR. Variance to the Zoning Or: dinance, Article III, Section 100~ 32 for permission to locate acce$- sory windmill tower in excess of maximum-permitted 18 fee/~ height requirement, at 4015 Skunk Lane, Cutchogue, NY; County Tax Map Parcel N~. 1000-9_8-1-6~. __ ~r 8:00 p.m. Appeal No. 3583 -- FREDERICK AND HELEN HRIBOK. Variances to the Zon- ing Ordinance, Articles: (1) ItI,~ Section 100-31 for insufficieh~ southerly side yard and tot~/l side yards, and (2) XI, SectiOn 100-119.2 for insufficient set- back from existing bulkhead along Arshamomaque Pond, for this proposal to construct garag~ addition to existing dwelling, at 90 Carole Road, Seuthold, NY; County Tax Map Parcel No. 1000-52-2-4. 8:05 p.m. Appeal No. 3461~ -- HELMUT HASS. Variances to the Zoning Ordinance, Article VII, Sections: (1) 100-71, Bulk Schedule, for insufficient lot area and lot width; (2) 100-70(A) establishing existing residential use as principal use of proposed southerly parcel; (3) 100-70(A) and 100-71 for approval ofinsuf- ficiant livable-floor area in the existing dwelling use of preP- osed northerly parcel. Zoning District: "B-I" General Busi~ ness. Location of Property: 35350 County Road 48, Peconie, NY; County Tax Map parcel No. 1000-69-04-2.1. 8:10 p.m. Appeal No. 3552'-- JOHN SENKO. (Hearing reces- sad from December 11, 1986), Variance for shopping-cantor use in this "B-I" General Bus/- ness Zone with 30,01PI sq. l~. 1~. 8:30 p.m. Appeal No. 3572/~ .. MICHAEL AND JOY(IR MAI'I'ES, (Hearing rec~se~/ from December 11, 1986). ~ iai Exception for Bed and Break- fast in existing building. 8:45 p.m. Appeal No. 3584b~ .- DONALD AND JOANN~ RI'VI'ER. Special Exceptioa to the Zoning Ordinance, Article III, Section 100-30(B) (100-3D for permission to convert exi~- lng 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 vail hear at said time and place all persons or representatives dseip- lng to be heard in each of th~ above hearings. Written co~ ments may also be submittml prior to the conclusion of the subject hearing. For more inf~ mation, please call 765-1809. Dated: December 11,1986. BY ORDER OF~ THE sOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linde Kowalskt, Board Secretary 2TD25-5458 STATE OF NEW YORK ! 88: COUNTY OF SUFFOLK ) ~ ............ of Greenport, in said County, being duly sworn, says that he/she Principal Clerk of ~E SUFFOLK ~MES, a Weekly Newspaper. published at Greenpo~, in the Town of Southold, CounW of ~ffolk and State of New York, and that the Notice of which the annexed a printed copy, has been regularly published In said Newspaper once each week for weeks succwlvely, commencing on the 2 4 dayof Dec 1986 Sworn to before this ~ dayof ~ ~ e~ S,i!, ~ ,~ No. 48498~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SnUTHE]LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event the're 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.~ -- Gl~RARD P. GOEHRINGER ~ CHAIRMAN Enclosure Linda ,Kowalski Secretary and Board Clerk ,'-~'[~OLD TOWN BOAP~D OF APPEJ~ MATTER OF ROBERT 32ID EILEEN M. JOHNSON THURSDAYt JANUARY 8, 1987~ PUBLIC HEARING 7:35:p.m..Appeal No. 3587 Public Hearing commenced in the Matter of ROBERT AND EILEEN M. JOHNSON. Addition with in- sufficient setback from tidal water area. 430 Corey Creek Road, Southold. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the survey produced by James Eo Williams dated June 28, 1966 indicating a one-story framed bungalow on a lot of approximately 75 by 100 which is on Corey Creek and to the rear of the particular one-story bungalow is a proposed addition that's approximately 11 feet from the west property line. The addition is approximately 20 by 22 and is a little offside from the house. It's a lit- tle more towards the west side. And I have a copy of the Suf- folk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard? Are the.Johnsons here? Could you use the mike Mr. Johnson? I'll ask you a couple of questions. Is there anything you'd like to say?. MR. JOHNSON: No. CHAIRMAN GOEHRINGER: This is going to be an addition to the house of which will be living quarters also. Is that correct? MR. JOHNSON: What we are basically doing is we are knocking out interior partitions in the existing cottage to eliminate 2 bed- rooms to incorporate that into a large living room. That's a small living room, a kitchen and 2 small bedrooms. We're taking out the interior partitions. We're putting 2 bedrooms on the back to take the place of the bedrooms that we're knocking out. And an additional bathroom. We're adding an additional cesspoolin-- we're attaching it to the same. There's no increase in occupancy at all. It's just giving us a larger living room. That's what the proposal would be. CHAI~.~N GOEHRINGER: Are you putting a full foundation underneath? MR. JOHNSON: We are not putting a cellar underneath it. It's just having a foundation wall that's true. But it would be like a crawl space underneath. CHAIRMAN GOEHRINGER: And when would you anticipate starting this work? In the Spring? MR. JOHNSON: Well as soon as I possibly can. If we get a thaw in January, I'd like to start it because we like to occupy it when we come here in the Spring. We come here every year for 15 but I doubt we'll make it this year. Page 2 - Januarys_ 8, 1987 Public Hearing~obert and Eileen Johnsor Southold Town B~rd of Appeals CHAIRMAN GOEHRINGER: Well that is the reason why I'm asking the question because we are closing the hearing. We will close the hearing tonight but we will not render a decision until the next meeting because we have several decisions we have to deal with from the prior meeting° So we're just going to close the hearing sometime in the next few minutes. So don't expect a de- cision tonight. Mit. JOHNSON: As soon as we can possibly start~ w0u]d be great. CHAIRMAN GOEHRINGER: Thank you very much for coming in. Is there anybody else who would like to speak in favor of this ap- plication. Anybody like to speak against the application? I should hesitate in between that so that at least if somebody wants to raise their hand there's a period of time. Any ques- tions from Board members. Hearing no further questions, I'll make a motion closing the hearing reserving decision until later. Ail in favor - Aye. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 76~1892 SoE.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT Date: .February 27, 1987 APPLICATION NO.: 474 NAME: ROBERT E. JOHNSON This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and ~NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have a significant eifect_on the environment. 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: Unlisted DESCRIPTION OF ACTION: To register existing bulkhead which replaced an 82' bulkhead destroyed by hurricane. LOCATION OF PROJECT: 430 Koke Drive and Corey Creek Road, Southold. REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. Board of Trustees Page 2. For further information regarding this application please contact: Henry P. Smith, President Board of Town Trustees Southold Town Hall Main Road Southold, New York 11971 Call: (516) 765-1892 cc: 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 Robert E. Johnson Town Clerk's Bulletin Board Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI February 18, 1987 Mr. and Mrs. Robert 40-24 208th Street Bayside, NY 11361 E. Johnson Re: Appeal No. 3587 (Variance) Dear Mr. and Mrs. Johnson: Attached hereto is a copy of the official findings and determination rendered and filed this date with the Office of the Town Clerk concerning the above matter. Please be sure to return to the Building Department for the issuance of a building permit, in writing, before starting construction. If you have any questions, please don't hesitate to call either our office or that of the Building Inspector (765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision'to: Building Department Suffolk County Planning By Linda Kowalski Commission JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 1, 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. 3587 , application of Robert E. Johnson:~ for a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROeERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- B'TAT[ RnAD 25 SOUTHOLD. L.I., N.Y, llc:J?l 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: X× Variance from the Zoning Code, Article ×I . Section lOO-119.2(B) Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal;No.: 3587 Applicant: Mr. Robert E. Johnson Location of Affected Land: 430 Corey Creek Rd., Southold, County Tax Map Item No.: 1000- 87-5-3 Within 500 feet of: Town or Vii]age Boundary Line NY X×_ Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway. Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. or Drainage Established Channel Channel COMMENTS: Applicant is requesting permission to mn~.er.n~ aclc]]tio[l t~o__ ~ =~;,~,-, ,~,,,,~'] 1 ~ no w~ ~h ~n ~nsufficient setback from tidal water area. Copies of Town file and Dated:February 24, 1987 related documents enclosed for your review. Secretary, Board of Appeals ~J~HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, $3095 Main Road P.O. Box 728 Southold, New York 11971 February 2, 1987 TELEPHONE (516) 765-1892 Mr. Robert E. Johnson 40-24 208th Street Bayside, New York 11361 Re: Addition to existing dwelling 430 Koke Drive & Corey Creek Road, Southold Dear Mr. Johnson: The following actions were taken during the Trustees regular meeting held on January 29, 1987 regarding the above referenced matter. RESOLVED that the Southold Town Trustees RESCIND their Lead Agency status on the Wetland Application NO. 485 for Robert E. Johnson to construct a 20' x 22' extension to his residence located at 430 Koke Drive & Corey Creek Road, Southold. and be it further RESOLVED that the Southold Town Trustees WAIVER the need of a Wetland Permit for Robert E. Johnson for the construction of a 20' x 22' extension to his residence located at 430 Koke Drive & Corey Creek Road, Southold. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS:ip cc: Bldg. Dept. Board of Appeals file 10-86-1750 N/A EW~YO~ ENVIRONMENTAL CONSE RVe~c N ~TATE DEPARTMENT OF PERMIT Under the Environmental Conservation Law EFFECTIVE DATE 1/14/87 EXPIRATION DATE(si 12/31/92 ------]Article 15, Title 3; 6NYCRR 327, ~ 6NYCRR 608: 328, 329: Aquatic Pesticides I I Water Quality Certification Protection of Water I ] SPDES I t Article tS, Tille 1S: ~ Article lO: · Air Pollution Control* Water Supply ~_~1 Article 15, Title 15: ~ Article 23, Title 27: Water Transport I ] Mined Land Reclamation / 1 Article 15, Title 15: r'---'-I Adlcle 24: L ___.! Long island Wells I I Freshwater Wetlands ~ -i ¢~dicle 15, Title 27: N--New~ R--Renewal, M--Modification. L_ j Wild, Scenic and Recreational C--Construct (*only), O--Operate (*only) Ri~ers r--~ Adicle 25: N Tidal Wetlands -- Article 27, Title 7; 6NYCRR 360: __ Solid Waste Marm§ement* F----1 Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management -- Article 34: __ Coastal Erosion Management [~'-] Article 36: Hoodplain Management -- Adicles 1. 3, 17, 19. 27, 37; __ 6NYCRR 380: Radiation Control Robert E. & Eileen M. Johnson 40-24 208th Street, Bayside, NY 11361 N/A Core), Creek SCTM 1000-87-05-03 i Bayview Suffolk TOW N~P~/~/~k~ k UTM COORDINATES ~outhold Construct a 22' x 20' J---~ingle family dwelling. All work approved plans (attached). one-story addition on landward side of existin~ shall be in accordance with NYSDEC GENERAL CONDITIONS By acceptance of this permit, the permittee agrees that the permit is contingent upon sErict compli- ance with the ECL, all applicable regulations and the conditions specified herein or attached hereto. '~;i ,~SUANCEDATE PERMITA6MINIST~TOR ADDRESS Bldg. 40, SONY, Rm. 219 1/14/87 Alfred T. Kellar Stony Brook, NY 11794 Page 1 of 3 cc: Lz?z _n~Arc~ment C.T. Hamilton /- ! ! Southold Town Board of Appeals MAIN ROAD- STATE RDAD 25 SOUTHOLD, L.I., N.Y. 1lc:J?1 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN January 8, 1987 CHARLES GRIGONIS, JR. SERGE DOYEN, JR. S .E.Q .R.A. - ROBERT J. DOUGLASS JOSEPH H. SAWICK[ NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3587 PROJECT NAME: ROBERT AND EILEEN M. JOHNSON 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: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION:Addition'with insufficient setback from tidal water area. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 430 Corey Creek Road, Southold 87-05-03 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) Construction proposed is landward of exisiting structures. (3) The relief requested is a setback variance regulated as provided in Section 617.13 of the State Environmental Quality Review Act, 6 NYCRR. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. NQTICE 1S HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public herrings will be held by the Southold Town Board bf Appeals at the Southold Town Hall, Main Road, Southold, NY at a Reghlar Meeting on THURS- DAY, JANUARY 8~ 1987, at the following times~ RO7:35p.m. Appeal No. BERT AND EILEEN M. S~ectning Ordinance, Article ion 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 Corey Creek Road, Southold, NY; District 1000, Section 87, Block 5, LOt 3. ~ 7:40 p.m. Appeal No. ANNE C. MASON. Variance 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 Lupton P&mt, Mat- tituck, NY; District 1000, Sec- tion 115, Block 11, Lot 12. 7:45 p.m~Appeal No. 3585SE- ALVIN AND PATRICIA COMBS: SI~ecial Exception to the Zoning Ordinance, Article III, Section 100-30(B) for per~a 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 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 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 not more than three rooms." Location of Property: 1475 Waterview Drive, Southold, NY; County Tax Map Parcel No. 1000-78-007-20. 7:55 p.m. Appeal No. 3591- PAUL STOUTENBURGH~ JR~ Variance to the Zoning Or- dinance, Article Ill, Section 100-32 for permission to locate accessory windmill tower in ex- cess of maximum-permitted 18 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) Ill, Section 100-31 for insufficient goutherly 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 ad- dition to existing dwelling, at 90 Carole Road, Southotd, NY; County Tax Map Parcel No. 1000-52-2-4. cOuNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island T~gveler-Watchman once each week for ........................... weeks successively, commencing on the ~L %' ~ day of .~. .............. , ....... Sworn to before me this "-'~ -- day oi ~:~ ..... /-~ 1 9 . ~"~]. 8:05 p.m. Appeal No. 3461- ....................... ' HELMUT HASS. Variances to Notary Public t~e 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 as 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- ing 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. 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. 3572SE- MICHAEL AND JOYCE MATTES. (Hearing recessed from December 11, 1986). Special Exception for Bed and Breakfast in existing building. 8:45 p.m. Appeal No. 3584SE- DONALD AND JOANNE RtTTER. Special Exception to the Zoning Ordinance, Article Ill, 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 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 desir- ing 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 more inlor- mation, please call 765-1809. Dated: December Il, 1986 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary IT-12/25/86(6) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o~the Petition of : to the Board of Appeals of the Town of Southold : NOTICE ~0 ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~a,'~'~Tre~ntention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~Variance)]Special Exception)(Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located a~acent to y_~o~Jr property and is des- cribed as follows: ~)~: ~)'f',o~hz ('~.'~,-z',~)::~ ~,~' ~/.~C)/~C-,~/ )/ A-/~t_r'~',-~-/~f'(~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: $. That the provisi~s of_~.~the Southold Town Zoning Code applicab~ to the relief sought by the under- signed are .~'t-Lcle ' [ '1 Section ~^, New York Town Law for approval of access over rJght(s)~of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 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 tight to appear and be heard at such hearing. Petitioner 0whets'Names: Post Office Address N. / )I3(1 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS STATE OF NEW YORK ) COUNTY OF SUFFOLK) , being duly sworn, depots ~nd says ' t on th~ day of ~ ~* ,19 ~ , deponent mailed a true copy of the Notice set forth on the re- ve~ side hereof, directed to each of the above-named persons at the addresses set opposite thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current ass~sment rol~f the Town of Southold; that said Notices were mailed a~ the United Stat~ Post Of- ficeat ~i~ ~ 0~/~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Notary Public ELIZABETH ANN NEVILLE Notary Public, State of New York (This side does not property owners.) have to be completed on form transmitted to adjoining .SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIOKS~ (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available Lnformation 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 significant and a ccmpleted Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment 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 change to any unique or unusual land form fou_nd on the site? 3. Will project alter or have a large effect on an existing body of water? . . . . . Will project have a potentially large impact on groundwater quality? . . · . . . . Will project significantly effect drainage flow on adjacent sites? . . . . . . · 6. Will project affect any threatened or endangered plant or animal species? . . . . . . . 7. Will project result in a major adverse effect on air quality? . . . . . . 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 Yes Yes Yes /No Yes /No Yes Yes /No Yes Yes //No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . · Yes 13. Will project have any impact on public health or safety'? . . . . . . · . . . . . 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 o__r have a major negative effect on the character of the cOMmunity or neighborhood?.. / Yes No 15. Is there p~ic cont~e:~y~ncernmng HEPRESENTI~;O: 9/1/78 Yes No Yes Yes /No Yes the project? Yes TITLE: No 95-t0~ (9/85) DEC PERMIT NUMBER 10-85-1242 FACILITY/PROCRAM NUMBER(s) NEW YORK STATE DEPARTMENT OE ENVIRONMENTAL CONSERVAO PERMIT Under the Environmental Conservation Law ~lArticle 15. Title 5: Protection of Water [~Article 15, Title 15: Water Supply (~Article 15, Title 15: Water Transport [~Article 15. Title 15: Long Island Wells [::]Article 15. Title 27: Wild, Scenic and Recreational Rivers [~6NYCRR 608: Water Quality Certification E~Article 17, Titles 7, 8: SPDES E~]Article Icj: Air Pollution Control ~--]Article 23, Title 27: Mined Land Reclamation I-~Article 24: Freshwater Wetlands J~Article 25: Tidal Wetlands N--New, R--Renewal, M--Modification 11/27/85 12/31/86 [=]Article 27, Title 7: Solid Waste Management [~]Article 27, Title 9: Hazardous Waste Management [:=]Article 34: Coastal Erosion Management ~]Article 36: Floodplain Management [--IArticles 1, 3, 37; 6NYCRR 380: Radiation Control C--Construction, O--Operation, (If Applicable) P[RMIT ISSUED TO Robert Johnson ADDgESS OE PERMITTEE Main Bayview Road, Southold, NY AGENT FOR PERMITTEEICONTACT PERSON EELEPHONE NUMBER Land Use Co./Glenn Just, Box 361, Wading River,NYl1792 929-3575 NAME AND ADDRESS OF FACILITY (if different from Permittee) LOCATION DE PROJECT /COUNTY TOWNJCITYNILLAGE UTM COORDINAIES Corey Creek ~uffolk Southold DESCRIPTION OF PROJECT/FACILITY Remove and replace in-kind in same design and configuration 82 linear feet of timber bulkhead. Backfill with 18 cubic yards of clean upland fill. GENERAL CONDITIONS By acceptance DJ this permit, the permittee aRrees that the permit is contingent upon strict compliance with the ECL, all applicable resulations and the condilions specified herein or attached hereto. The permittee shall file in the office of the appropriate regional permit administrator, or other office designated in the special conditions, a notice of intention to commence work at least 48 hours in advance of the time of commencement and shall also notify him/he~ promptly in writing of the completion of the work The permitted work shall be subject to inspe?ion by an authorized representative of the Department of E nvironmental Conservation which may order the work suspended if the public interest so requires The permittee has accepted expressly, by the execution of the application, the full ~egal responsibility for all damages, direct or indirect, of whatever nature, and by whomever sutfered, arising out of the project described herein and has ag~cl to indemnify and save harmless the State t;om suits, actions, damages and costs of every name and descrip- tion resulting from the said project. The Department reserves the right to modify, suspend or revoke this permit at any time after due notice, and, if requested, hold a hearing when a) the scope of the project is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations are found; or b) the permit was obtained by misrepresentation or failure to disclose relevent facts; or r ] newly discovered information or significant physical chanaes are discovered since the permit was issued t he permittee is responsible for keeping the permit active by submitting a renewal application, including any forms, fees or supplemental information which ma'/be required by the Department, no later than 30 days (180 days for SPDES or Solid or Hazarduous Waste Management permits) prior to the expiration date I his permit shall not be construed as conveying to the applicant any riRht to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work or as authorizing the impairment of any rights, title or interest in real or personal propertV held ot vested in a person not a party to the permit The permiltee is responsible foe obtaining any other permits, approvals, lands, easements and rights-of way which may be required for this project PERMIT ISSUANCE DAlE PERMIT ADMINISTRATOR 4-1 ADDRESS j 11/27/85 Charles T. Hamilton(Al~.Regional) Bldg40, SUNY,StonyBrook,NY / Page I of cc: Dave Fallon NEW YO~K STATE DEPARE OF ENVIRONMENTAL CONSERVATION Regulatory Affairs Unit Bldg. 40, SUNY--Room 219 Stony Brook, NY 11794 (516) 751-7900 November 27, 1985 Mr. Robert Johnson Main Bayview Road Southold,New York RE: #10-85-1242 Dear Mr. Johnson: In confotmmnce with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing Regulations (6NYCRE, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact the Regional Regulatory Affairs Unit, NYS Department of Environmental Conservation, State University of New York at Stony Brook, Building 40, Stony Brook, New York. Also enclosed is a permit signwhich you are to conspicuously post at the project site, protected from the weather. Very truly yours, Charles T. Hamilton Alternate Regional Permit Administrator CTH:co's /mg Enclosure SUPPLEMENTARY SPECIAL CONDITIONS The following conditions apply to all permits: If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address and telephone noted below. A copy of this permit or approval and supplementary conditions shall be available at the project site whenever authorized work is in progress. The permit sign enclosed with the permit or a copy of letter of approval shall be protected from the weather and posted in a conspicinus location at the work site until completion of authorized work. At least 48 hours prior to con%mencement of the proJect~ the permittee shall complete and return the top portion of the enclosed receipt form certifying that he is fully aware of and understands all provisions and conditions of this permit. Within one week of completion of the permitted work, the bottom portion of that form shall also be completed and returned. For projects involving activities to be accomplished over a period er more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours to the commencement of resumption of work each year. If project design modifications take place after per~it issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require sub- mission of a new application for permit. Ail necessary precautions shall be taken to preclude contamination of any wetlands or waterway by suspended solids, sediment~ fuels, solvents, lubriea;ts, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, NY District, 26 Federal Plaza, New York, NY 10278, (Attention: Regulatory Functions Branch), prior to commencement of work authorized herein. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant~ easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242, which may be required for any encroachment upon State-owned lands under water. Regional Permit Administrator NYS Dept. of Environmental Conservation Bldg. 40, SUb~--Room 219 Stony Brook, NY 11794 (516) 751-7900 DEC # 10-85-1242 page 3 o~ 4 The following condition~ shall apply if checked as applicable by the Regional Permit Administrator: K. All dredging shall be conducted so as to leave a uniform bottom elevation free of mounds or holes. All spoil material shall be disposed of either in the Atlantic Ocean or at an approved U,S. Government Dumping Ground, as directed by the District Engineer, U.S. Department of the Army, Corps of Engineers. Any spoil material not intended for such water disposal shall be removed from the site and disposed of at an approved upland site. XM. All fill and spoil material shall be suitably contained at the work site so as to prevent its eroding, leaching or otherwise entering into adjacent wetlands and waterways. X N, All peripheral rip-rap berms, cofferdams, rock revetments, gabions, bulkheads, etc. shall be completed prior to placement of any fill material behind such structures. Oe All repairs to existing structures shall be confined to replacement of existing structural elements with no change in design, dimension, or materials, unless specifically authorized herein. X p. The following Water Quality Certification shall apply if required by one or more agencies of the United States Government and if checked as applicable, by the Regional Permit Administrators: DATE DEC# 10-85-1242 page 4 of 4 In accordance with Section 401(a)(1) of the Clean Waters Act of 1977 (PL 95-217) the New York State Department of Environmental Conservation hereby certifies that the subject project proposal will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 or 307 of the Act. Charles T. Hamilton Alternate Permit Administrator Division of Regulatory Affairs l~fS Department of Eavironmental Conservation Building 40, SUNY--Room 219 Stony Brook, NY 11794 (516) 751-7900 9S.~0~a (9/gS} ADplTIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5), 24, 25, 34 and 36 { .10 That if future operations by the State of New York require an al- '14 Any material dredged in the prosecution of the work herein permitted teration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State. the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if. upon the expiration or revocation of this permit, the structure, fiji, excavation, or other modification of the watercourse hereby authorized shall not be com- pleted, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 11 That the State of New York shall in no case be liable for any damage or inlury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage 12 That if the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may he prescribed by the United States Coast Guard shall be installed and maintained 13 All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the prolect shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway 15 If any material is to be deposited or dumped under this permit, either in the waterway or on shore above high-water mark, it shall be deposited or dumped at the locality shown on the drawing hereto attached, and, if so prescribed thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 16 There shall be no unreasonable interference with navigation by the work herein authorized 17 If granted under Articles 24 or 25, and if upon the expiration or re- vocation of this permit, modification of the wetland hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may requ ire. remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration 18 if granted under Article 36, this permit does not signify in any way that the project will be free from flooding 19 AH activities authorized by this permit must be in strict conformance with the approved plans submitled hy the applicant or his agent as part of the permit application. Such approved plans were prepared by Land Use Co. 10/8/85 On "Proposed Reconstructed Bulkhead in Corey ~reek" SPECIAL CONDITIONS 1 No dredging shall occur as a result of this project. 2 There is to be no disturbance to the existing tidal wetlands vegetation immediately seaward of the existing deteriorated wall. SPECIAL CONDITIONS A THROUGH J ATTACHED. SUPPLEMENTAL SPECIAL CONDITIONS M, N AND P ATTACHED. 10-85-1242 Page 2 of 4 New York State Department of Environmental Conservation NOTICE Permit No. The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted on this site. For further informa- tion regarding the nature and extent of work approved and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. 10-85-1242 Expiration Date Alternate Regional Permit Administrator Charles T. Hamilton 12/31/86 NOTE: This notice is not a permit [Date 213185 Date To 'Re: Statement Land U.Compan: P.O. Bo~I~361- N Country Rd. Wading River, N.Y. 11792 December 3, 1985 Mr. Patrick Carrig Richmond Rd. Southold, N.Y. 11971 Permit for Johnson Please detach and return upper portion with your remittance $- Charges and Credits Permit application coordination submission and preparation Application fees paid by Land Use Company Total 125.00 10.00 = ;135.00 tson ~it needed for Should you have s permit, Wilson Jones · <,.A,~,.~ ~o.M~,~, , ~ Your Check is Your Receipt TO: $outhold Town Board of Appeals Main Road Sou=hold, HY 11971 Appeal Application of Location of Property: Dcar Sirs: In reference to the New York State Tidal Wetlandz Regul'a~ions, 6 N¥CRR, Part 661, and Article 25 of the He:./ York Environmental Conservation Law, please be ad';ised that ~ubject property iQ the within appeal ap: l lc.~_on :D ' .~ . ' (plQasu ch,~ck ~e box) ' May bo located ~ithin 300 feet of ~idal wetlandz boY, ever, constructed along the water-lyin~I edge of this property i~ a bulkhead in very good conditicn and at least 100 feeU in 'le. g .... ] ~lav b~ 'located %4il:bin 300 feet of ~-~ ~ - - t_~a_ however, constructed a!onq the wa~r- ly_..= ec~e of thi~ property is a bulkhead in (major) repairs, and amDr~::imate!v length. ~- - feet in [ ! May be located w~."hln 300 feet of tidal wetlands; however constructed al'ong,thc - ' wa~e_ lying edge - of this property is a bulkLead less than 100 feet in length. [ ]' May be located :/ithin 300 feet of tada! ~etlandg; and there is no bulkhead or 'on the prcmise.~. -- -f ! not appear to Is not located %~ithin 300 feet of tidal Wetlands to the best of my knowledcje.* [:;tarred itc!az (*) indicate your Dror:e .... fall withi:t ~he jurisdiction of thc I:.y.s. Sincerely yourz, NOTC: If proposed proj_c~,-,- fails t,it'ix.in D.E.C. jurisdiction,~/ approval taust be received an{l st:i:m~6d~ ' to our orf~ce- ' before your aFplication can be ~cheduled [oc a public l:ca~.'inq. ALFRED J. KRON and MARIA KRON, his wife, both residing at 292 DeGraw Street, Brooklyn, New York, party of the first part, and ROBERT E. JOHNSON and EILEEN M. JOHNSON at 40-24 208th Street, Bayside, New York, his wife, both residing party of the second part, WITNE$SETH, that the party of the first part, in consideration of Ten ($10.00) .............................................. -dollars, lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL thatcertain ~,pieceor parcd ofland, ~th thebuildin~ andimprovemen~ thereoner<ted, si~ate, ~ingandbei~in~l~g at'Bayview, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at an iron pipe set at the northeasterly corner of the ~remises herein conveyed and being the northwesterly corner of the >remises conveyed or about to be conveyed to Helen K. Goldin and which >oint of beginning is distant from the northwesterly corner of the >remises of Richard J. Hasey and wife the following two courses: (1) iouth 68. degrees 23 minutes East 76.62 feet; (2) South 53 degrees 49 East 110.06 feet; thence running from said point of beginning said land conveyed or about to be conveyed to Helen K. Goldin South 25 degrees 00 minutes 30 seconds West 99.02 feet to a stake and the ordinary high water mark of Corey Creek; thence northwesterly along said ordinary high water mark of Corey Creek 75 feet, more or less, to a stake which is North 69 degrees 08 minutes West 75.0 feet from the last described point; thence along other land of Gertrude K, Bunce, Heler K. Goldin, Alexander W. Koke and Frederick C. Koke 2 courses as follows: (1) North 24 degrees 58 minutes East 100.0 feet to an iron pipe; thence '(2) South 68 degrees 23 minutes East 75.0 feet to the point or place of BEGINNING. TOGETHER WITH a right of way 30.0 feet in width, the northwesterly line of which is described as follows: BEGINNING at a point on the southwesterly line of Main Bayview Road 30.0 feet northwesterly along said southwesterly line from a concrete monument set on said line at the northwesterly'corner of land heretofore conveyed by Gertrude K. Bunce, Helen K. Goldin, Alexander W. Koke and Frederick C. Koke to Sophie Anderson; running thence South 25 degrees 56 minutes 50 seconds West 695.22 feet; thence South 37 degrees 04 minute 50 seconds West 199.70 feet to the ordinary high water mark of Corey Creek as of September 15, 1951, The southeasterly line of said 30.0 foot right of way is parallel with and 30.0 feet southeasterly from the above described northwesterly line, measured at right angles thereto. ALSO, TOGETHER with a right of way 30 feet, more or less, in width, running from the northwesterly corner of the premises herein described and leading into the 30.0 foot right of way herein first described lead- ing to North Bayview Road and to Corey Creek. STATE OF NEW YORK, COUNTY OF SuffO SSt STATE OF NEW YORK, OOL~ OF ' Onthe 29th day of July 19 66, be£ore me personally came Alfred. J. Kron and Maria Kron, his wife, to me known to be the individual s described in and who executed the foregoing instrument, and acknowledged that they executed/the, same. LEFFERT5 PAINS ~DSON NOTARY PUBLIC, State of New York No. 52-1077655 - Suffolk County STATE OF NEW YORK, COUNTY OF 5S: On the day of 19 , before me personally came to me known, who, being by me duly swam, did depose and say that he resides at No. that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to s~id instrument is such corporate seal; that it w~s so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. On the day of 19 , before me personally came to me known to be the individtml described in and who executed the foregoing instrument, and acknowledged that eXecuted the same. STATE OF NEW YORK, COUNTY O1: SS: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said wimess, at the same time subscribed h name as witness thereto. Bargain am3 ale leei WITH COVENANT AGAINST GRANTOR'S Acrs Alfred J. Kron and Maria Kron, his wife, TO Robert E. Johnson and Eileen M. Johnson, his wife, STANDARD FORM OF NEY/YORK BOARO OF TITLE UNDERWRITERS Distributed by HOME 'FITLE DI%~iSION CHIC~KGO TITLE INSURANCE COMPANY SECTION BLOCK LOT COUNTY~ of Suffolk Town of Southold Recorded at Request of HOME TITLE DIVISION CHICAGO TITLE INSURANCE COMPANY Return by Mail to Please Record and Return to C I TY TITLE INSURANC~ ~COMPAN¥ 234 Old Country Rd. Mineola, L I., H. Y. RECORDED 5 1966 £. KLIPP Clerk ot Suffolk Count~ TO(IEI'HER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TO(IEI'HER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises hereir~ granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has d~ly executed this deed the day and year first above written. M~RIA K~ON LS LS