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Home My WebLink About3670 Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y, 119'71 ACTION OF THE Appeal No. 3670 Application Dated September TO: Mr. and Mrs. Robert H. Frey 20 Hewitt Road Rockville Centre, NY 11570 At a Meeting of the above on your TELEPHONE (516) 765-1809 _. ?FILED BY ~ THE SOUTHOLD TOWN CI.F. RK 9, 1~187 , / I DATE ,,11o1~ HOUR /:o0 r lAp ~ellant (s) ] Town Clerk, Town of $outho~]d the Zoning Board of Appeals held on uc~0Der 28 1987, appeal was considered, and the action indicated below was taken [ ] 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 [ ] [ X] [ ] Article , Section Request for Variance to the Zoning Ordinance Article XI , Section 100-119.2 and Article III, Section lO0-31, Bulk Schedule (Rearyard Setback) Request for Application of ROBERT H. FREY for Variances to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate open-deck construction with an insufficient setback from existing bulkhead at Harbor Lights Estates, Section I, Lot 10, Southold, NY; County Tax Map Parcel No. 1000-79-04-08. WHEREAS, a public hearing was held and concluded on October 1987 in the Matter of the Application of ROBERT H. FREY under Appl. No. 3670; 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, appellant requests permission to construct an open-deck addition along the westerly and northerly ends of the existing single-family dwelling with a setback proposed from the existing bulkhead (at the west side) of 35 feet at its closest point and from the rear property line at 27 feet at its closest point, all as more particularly shown on sketched map submitted with this application. 2. The premises in question is known and identified as Lot No. 10, Map of Harbor Lights Estates, Section I, is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 79, Block 04, Lot 08, and fronts along the west side of Windjammer Drive, Southold, New York. (CONTINUED ON PAGE TWO) DATED: October 28, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appl. No. 3670 Matter of MR. AND MRS. ROBERT H. FREY Decision Rendered October 28, 1987 3. The subject premises is improved with one single- family dwelling (Building Permit #15639Z issued 1/23/87 replacing #13514Z issued 11/1/84) with a setback of 40.5 feet from the rear property line and setback of 50 feet from the bulkhead (at its closest point). It appears that construction started during early 1985, prior to the enactment of Article XI, Section 100-119.2(B) for the dwelling. 4. Article XI, Section lO0-119.2(B) requires all build- ings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, which- ever is the greater distance. 5. Also existing seaward of the existing dwelling is a substantial man-made bulkhead in good condition and greater than 100 ft. in length constructed prior to September 20, 1977. 6. It is the opinion of the Board that the relief requested for a 15' deck extension is substantial in relation to the requirement and in relation to the existing nonconforming setback, and that the alternative relief, noted below, would be more feasible and within the keeping of the ordinance. 7. In making this determination, the Board also finds: (a) the setbacks of dwelling existing in the immediate area are similar or closer than that proposed by this application; (b) the circumstances of the property are unique; (c) the alternative relief granted will not be adverse to the safety, health, welfare, comfort, convenience, or order of neighboring properties or of the town; (d) there will not be an increase ~n population density thus created by this variance; (e) there is no other method feasible for appellants to pursue other than a variance; (f) that in view of all the above factors, the interests of justice will best be served by granting the alternative relief, as noted below° Accordingly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, to GRANT alternative relief in the Matter of the Application of ROBERT H. FREY under Appl. No~ 3670 allow- ing the construction of a eight-foot open-deck construction, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The eight-foot deck remain parallel with the rear (water-side) line of the house as exists; 2. That the deck construction feet from the outer edge of existing northwest section of the house); not be closer than 40 bulkhead (at the most 3. That the deck construction not be closer than 12 feet from the northeast side property line; 4. That it should be understood that in the event the existing tree at the northwest section interferes with the proposed deck construction, that the deck construction must be altered to wrap inward of the tree rather than around the tree (in order to comply with the setback requirement). Vote of the Grigonis, Douglass adopted. GERARD P. GOEHRINGER, CHAIRMAN Board: Ayes: Messrs. Goehringer, Doyen, and Sawicki. This resolution was duly NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APP[A]~ at a Regular Meeting at the Southold Town Itall, Main Road, Southold, New York, on THURSDAY~ OCTO~ER~8~_ 1~8~ at the following time~': 7:35 p.m. 9/10/.87). Appl. No. 3651 - DEAN KAMEN. (Recess(~d fromm 7:40 p.m. Appl. No. 3592 BENTE SNELLENBURG. (Recessed from 8/20/87) 7:45 p.m. Appl. No. 3668 GERARO C. KEEGAI~. Variance to the Zoning Ordinance, Article XI~ Section lO0-11g.l(C) f(~r appr6val of construction of fence in tile easterly fron~yard area at a height of six feet. Location of Property: West Side of Founders Path and East Side of Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-64-4-10; Founders Estates Lot 39. 7!50 p.m. Appl. No. 3657 CLYDE FRITZ. Variance to the Zoning Ordinance, Article IIIj Section 100-31 for approval of insufficient lot area, width and depth of two propus~d pdrce)s fronting along the westerly side of Cedar Lane, South(~ld, County Tax Map Parcel No. 1000-78-7-45.1, containing a area of .694 of an acre. 7:55 p.m. Appl. No. 3663 - MARI_O_CAST~E_L_L_I.. Variance L~ the Zoning Ordinance, Article III, Section 100-30 for apprnval of sign as exists of excessive size in this "A-40" Resid~.nti~l and Agricultural Zoning District 'and advertising Landocaping & Sprinklers by Forever Green'J" Location of Property: SouLh Side of North Road (C.R. 48), Peconic, NY; County Tax Parcel No. 1000-69-4-1.3 8:10 p.m. Appl. No. 3653 NORTH ROAD ASSOCIATES. (R~,c~ssed from 9/10~/87). ' 8:15 p.m. Appl. No. 3593 and No. 3659 - ~E~ MA~I INII. (Both hearings recessed'from 9/10/87) 8:25 p.m. Appl. No. 3664 ANA G. STILLO. Variance to r,~scind prior deci§ion rendered under Appeal No. 3562 on December 11, 19~6 for a conditional approval under New York Town Lawj Section and deleting Condition No. 2 of prior decision rendered under Appeal No. 3619 on April 2, 1987, and as an alternative being subject to New York Town Law, Section 280-a over the existing Page 2- Notice of Hearings Southold Town Board of Appeals October 8, 1987 Regular Meeting right-of-way approximately lO0 ft. to the east of the subject right-of-way (approved or to be approved and accepted by the Planning Board for this set-off division of land), located alona the north side of Main Road, Orient, NY; County Tax Map District 1000, Section 14, Block 2, Lot 26 and Lot 12.2. ~1~ 8:35 p.m. Appl. No. 3670 - ROBE______R~T H~. FRE~Y. Variance to) he Zoning Ordinance, Article XI, Section 100-119.2 for per- ission to locate ~pen deck construction with an insufficient etback from existing bulkhead at Harbor Lights Estates, ection I, Lot 10, Southold, NY; County Tax Map Parcel No. 000-79-04-08. 8:45 p.m. Appl. No. 3669 MICHAEL AND ELIZABETH LADEMANN. Variances to the Zoning Ordinance, Article III, Section 100-31 and Article XI, Section 100-119.2 for permission to locate new dwelling with insufficient setbacks from the northerly front property line along a private a right-of-way and from the nearest wetland grasses, premises known and referred to as Lot No. l, Map of Blum and Littell, located along the East Side of Stillwater Avenue, Cutchogue, NY; County Tax Map Parcel No. 1000-103-1-19.6. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard (n each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted 'prior to the conclusion of the subject hearing. For more informa- tion, please call 765-1809. Dated: September 28, 1'987. BY ORDER OF TilE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Notice to Newspapers: Please publish once, to wit: October l, 1987, and forward six affidaiits of publication on or before October 6th to: Board of Appeals, Main Road, Southuld, NY 11971. Thank you. FORM NO. 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF I)ISAPPROVAL I)atc ....................... ~ ~ 19 ~' .'l. File No ................................ To .')~.. ~: ~:: .~.. · · -'~ ................ · ~o..~...~. '~. ~. ~.&,. · .......... PLEASE TAKE NOTICE that your application dated ....... .~..~. for permit to construct...~-~¢;.. ~"~':~:'- .................................... at ~lo~s'e ~o~ ........ Hamle~ Couuty Tax Map No. 1000 Section ....o. y~ ~ Block .............. Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved ou the following grounds .(~..'& .~.-~)..~...~.--~ ./..~..-.1.]?' ~-. .,, Building Inspector RV 1/80 BOARD OF 3 SETS h~:" 'FORM NO. 1 SURVEY TOWN OF SOUTHOLD CHECK BUILDING DEPARTMENT SEPTIC FORM TOWN HALL NOTIFY SOUTHOLD, N.Y. 11971 TEL.: 765-1802 CALL'/ MAlL TO: ·dXd~ .2..~ 19 ~.~. ,?roved .. ~.., ... Permit ............ ~approved a/c .......... ................... .... (Building Inspector) HEALTH OF PLANS APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date :. .., 19 a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 s 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 streets areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- tion. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit ~I1 be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy ~dl have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the filding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or ~mlations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. e applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to ;nit authorized inspectors on premises and in building for necessary inspections. ~-)/~ ./j ~ / ~z~ · .............. ............. (Signature of applicant, or name, i~corporation) ~ ~,z~ .4/c7c~, 7- 7~ //~V4/6 / ........... k?.cj~ c,..c ~.c5.. ('.~.®'.".--/.~7 4:7...~.'..7. ~.. (Mailing address of applicant) /~ ~ 78 whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. :~:ne of owner of premises ' (as on the tax roll or latest deed) applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................... Plumber's License No. t / c~ ~ Electrician's License No..~..g..d~: .~..../...~.~..~.z. ~ Oti~er Trade's License No ...................... Location of land on which proposed work will be done] ................................................. ................ .............. ?t .7; .,4. ................ ltouse Number Street Hamlet County Tax Map No. 1000 Section ....~..~. ~. ......... Block...(?..~/. ........... Lot..fi: .~.)..~. .......... Subdivision..J?p~....,,~. ~O'....~. (.~.//..~...g. ........... 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 .... ,(../r~.~/..t~. t.g ./... /~?.&- &d-/?0.~. .... b. Intended use and occupancy .............................................................. (DeCeption) 4 Eti tedC / ~p'/~ ~' ~ Fee s ma ost . . · (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor .............. If garage, number of cars ...................................................................... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use .................. 7. Dimensions of existing strnctures, if any: Front ............... Rear .............. Depth ............. Height ............... Number of Stories ...................................................... Dimensions of same structure with alterations or additions: Front ................. Rear ................ Depth ...................... Height ...................... Number of Stories .................... Dimensions of entire new construction: Front ............... Rear ............... Depth ............. Height ............... Number of Stories ...................................................... 9. Size of lot: Front ...................... Rear ...................... Depth ................. :~. 10. Date of Purchase .... /7.c'. i~.. (?..~-.~. .............. Name of Former Owner .'~.' .~..~/?..-~..~..4=.Z.~..'YF.~..../~-..~.~J 11. Zone or use district in which premises are situated ................................................... 12. Does proposed construction viotate any zoning law, ordinance or regulation: .............................. 13. Will lot be regraded ....... . ................... Will excess fill be removed from premises' £/~, Yes 14. Name of Owner of premlsesgP/ic(Le.,. /J:. ~/~'~q)/.... Address O?. ~.c~.tV..CW..-(../.~. Phone No.. ~>7.~. Name of Architect ........................... Address ,~ ........... t~r~.... ;"Phone No .............. Name of Contractor .......................... Address .... ; · ·/~ .~.../( ~?P. Phone No .............. 15. Is this property located within 300 feet of a tidal wetland*. *Yes ..... No ..... · If yes, Southold Town Trustees Permit maybe required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions fro property lines. Give street and block number or description according to deed, and show street names and indicate whetl interior or corner lot. · 8. STATE OF NEW YORK, S.S COUNTY OF ................. ................................................. being d,uly sworn, deposes and says that he is the applica, (Name of individual signing contract)' - above named. He is the ....................................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file th application; that all statements contained in this application are true to the best of his knowledge and belief; and that tl work will be performed in the manner set forth in the application filed.therewith. Sworn to before me this ................. ~.c¢.. ( .... day o f ~.~.,.t~.t.t.t.t.t.t.t.t.t~. ....... 19.~. 7 N?~ta~ Pub ic ..... .~..~..'.~-:.. K-....,~.~z...g.%...~:(W.. County -l etlvBO '~'~l~''~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ ~ 7~ TO THE 7-DNING.BO~RD. OF AP. PEALS, TOWN OF SOUTHOLD, N. Y. · ~oDer~; ~. ~'rey ~ 1, (We) ..~.~.~.e..g~?..~....~..~..e.~. ............................... of .2...0.....~..e..w..~.~.~.....R..o.~ .......................................... Name of Appellant Street and Number ........................ ~,o.?.~?..~.l...1..e.....g.e.,,n.~..z:.e..: ............................. N..:.~.:......~.~,~.Z..0...HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON Amendment to APPLICATION FOR PERMIT NO...~.~..~..~.~...~. ..................... DATED ..... .~.~...~..~.P..t...~.c).~.?. .................... WHEREBY THE BUILDING INSPECTOR DENIED TO o/~/6ju~( /)G~-~,-r Robert H. Frey / ...................... ......................... Name of Applicant far permit .... ............ Z?..?..L Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Permit to construct a deck 1. LOCATION OF THE PROPERTY~.Q.Q...W~,n~,~Sm~.~.E..~..~..,....~.Q.W.'g..h..o...Z..c] ..................................... Street /Hamlet / Use District on Zoning Map Robert H. Frey District 1000 SectionO79Block04 Lot08 ~ . .................................................................................. burren: Owner Hildegard Frey Map No. Lot No. Prior Owner Julian Franz & wife 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article-~ Section 100-119.2 Article ~[~J~ Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lock of access (State of New York Town Low Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (~as no_~) 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 ...................................................................... ) X) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested forthe reasonthat To construct a deck addition with setback of less than 75' from wetlands and or bulkhead, and less than 35' from closest rear property line. ~orm ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical dlj~l~tljllll~l~lll~ saryHARDSHIPbecau~ at the time I applied £or the original permit, the rear yard setback requirement was 35'. The house is now setback 45.5'. The law was changed since my building was constructed. 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 same as paragraph one above. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OFTHE DISTRICT because My construction would not be out of character with adjoining properties. ( see Neil Simon property) Sworn to this ................. ...~...~ ................ day of ....... ..~.~-(~.~.~.~...~..C ............... 19~ Notary Public v TOWN OF SOUTHO~.D PROPERTY RECORD CARD OWNER ~ORMER OWNER sTREET ........ VILLAGE E W TYPE OF BUILDING LOT / (fi' LAND AGE SEAS. IMP. VL. TOTAL '/~ FARM DATE ;,///z/~' J BUILDING CONDITION COMM. CB, MICS. Mkt. Value NEW FARM Tillable Woodland Meodowlond House Ptot NCRMAL BELOW ABOVE Acre Value Per V¢lue r Acre j FRONTAGE ON WATER I FRONTAGE ON ROAD Total I DEPTH BULKHEAD DOCK 77~ Porch Porch Breezeway Garage Patio /7'XJl '- COLOR ,~:~ ~ TR~M ~,,, Fire Place Type Roof Recreation Room Dormer ~ C. Both ~ ¢/ // Floors Interior Finish Heat Rccms 1st Floor . Rooms 2nd Floor Driveway K. :FIN. B [ Dinette Total I Ext. Walls Basement / TRANSCRIPT,OF HEARING SOUTHOLD TOWN BOARD OF APPEALS R'EGULAR MEETING OF THURSDAY, OCTOBER 8~ 1987 Appl.'N0..3670 App.licant(s): ROBERT H. FREY Location of Property: Harbor Lights Estates, Southold .County Tax. Map ID No. lO00-?~ ~ ~-x~ - ~ Board' Members'present were: Chairman'Goehringer P. Goehringer, Members: Grigonis, Douglass, Doyen and Sawicki. Absent was: (None) Also presnet were: Victor Lessard (Building Dept.) Linda Kowalski, Z.B.A. Secretary, and approximately persons in the audience. The Chairman opened the hearing at 8:55 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a ~opy of a large site plan house produced by Br~rcliff Landscape'~dicating a deck, proposed deck to be constructed. It was to move into the 35 foot area closer, however, there is a letter from the Town Trustees which says that number one condition; hereby r~quest the appeallant, request per- mission to construct an open deck to be constructed 35 foot land- wardo.of existing bulkhead. So we'll consider the application; 35 foot landward of existing bulkhead and it wraps around the one side of the house and the rear of the house except for the portion of the garage area. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard on this application? Is Mr. Frey here? How do you do sir? MR. FREY: I just came to answer any questions that you might have. I think we've~had a chance to go over all the sketches and pictures of this. CHAIRMAN GOEHkINGER: The measurement o~ the actual deck are shown where? MR. FREY: ThJ~re'~son this came about is I originally submitted my plans without a deck and the Building Inspector told me I could amend the pians at any time. I didn't think it would take this long. In the meantime, the setback line had changed. And they told me to submit it as large as I could possibly dream of so that I wouldn't Dave to come back again. I don't propose to build it as big ~s Briarcliff suggested and stay back 35 feet from the bulkhead. And possibly on t~at westerly side, the distance of 30 feet. . Page 2 - October 8, .87 Public Hearing - RO H. Southold Z.B.Ao Frey CHAIRMAN GOEHRINGER: In reference to width? MR. FREY: Yes. I won't be joining the deck from the back door to the front. I think I'll put two sets of staircases in. CHAIRMAN GOEHRINGER: So it would primarily then be only on the rear of the house. MR. FREY: Yes. Somewhat to the side. CHAIRMAN GOEHRINGER: Can you give us approximate measurement? Not specifically tonight but could you drop them off to us, spe- cifically what you're talking about so that we can deal with it in the way of a decision when we're ready to make a decision on it? If you would not mind. The typical questions that we ask Mr. Frey, will the deck be unroofed? MR. FREY: Yes. CHAIRMAN GOEHRINGER: Will there be any obtrusive lighting, over- head lighting so as to light the deck that may cause a 'problem for your surrounding property owners? MR. FREY. My lighting is in place already°on the building itself. I don't know if the pictures show any of it. CHAIRMAN GOEHRINGER: I didn't notice it. MR. FREY: They're down wash lights. On the west side of the house there are several lights in the overhang. CHAIRMANGOEHRINGER: And the only other condition is that we place upon it is that it always remain open and not a part of the dwelling not to be used as a dwelling but to be used as an adjunct to the dwelling at the same time it always have a characteristic of a deck. Because sometimes they become enclosed and so on. Ok. We thank you. And if you'd drop that off for us,~ it would be very helpful for us. Thank you. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Hearing no further comments, I make a motion closing the hearing, reserving decision until later. Ail in favor - AYE. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK MICHAEL A. LOGRANDE ~;UFFOLK COUNTY EXECUTIVE 360-5206 LEE £. KOPPELMAN November 16, 1987 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Con~nission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Mr. & Mrs. Robert H. Frey 3670 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner $outhold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llCJ?l TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Pursuant to Article XI1! of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York,- hereby refers the fo!!owing to the Suffolk County Planning Commission: xx Variance from the Zoning Code, Article ×I , Secti°nl00-Z19.2 and ~rticle.I$I, S~c~iQn 10Q-31 Variance from Determination of ~ou[hoto /own ~u]Ia]ng inspector Special Exception, Article , Section Special Permit Appeal No.:3670 Applicant:Mr. and Mrs. Robert H. Fuey Location of Affected Land: 400 Windjammer Dr., Southold, County Tax Map Item No.: 1000-79-04-08 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State Boundary of Existing or Proposed County, State -- Other Recreation Area NY 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 Federally Owned Lan or Federal Park or or Drainage Channel Established Channel COMMENTS: Applicant is requesting permission to locate open-deck construction with an insufficient setback from existing bulkhead Copies of Town file and related documents enclosed for your review. Dated: Nov. 13, 1987 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. ll~J?l TELEPHONE (516) 765-1809 APPEAL~ BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYI~N, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI MEMORANDUM FOR THE FILE Copies of the Board's to Mr. Robert Frey in to Vic (Building Dept. Decision under #3670 was hand-given the morning 11/10/87, and copy Administrator) at the same time. Original filed With the Town Clerk 11/10/87. // HEALTH DEPARTMENT-DATA FOR APPROVAL TO CORSTRUC T NOTE: 0 = PIPE A= SUBDIVISION MAP FILED IN TNE OFFICE OF TNE CLERK OF SUFFOLK COUNTY ON JUNE 8 . 19~5 AS FILE NO ~'E E~, SURVEY FOR ROBERT H. FREY ~ HILDEG~RD FREY LOT NO. I0 , "HARBOR LIGHTS EST, dTES, SECTION I" AT 8AYVIEW DATE: ocr. ~, /985 TOWN OF SOUTHOLO SCALE: / 4o SUFFOLK COUNTY, NEW YORK NO. 8J-0o9 400 OSTRANDER AVENUE RIVERHEAO, NEW YORK YOUNG YOUNG ALDEN W. YOUNG, PROFE.SSIONAL ENGINEER AND LAND SURVEYOR NY.S. UCENSE NO. 12845 HOWARD W. YOUNG~ LAND SURVEYOR N.Y.S. LICENSE N0.4589:3 HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 September 25, 1987 Mr. Robert H. Frey 20 Hewitt Road Rockville Center, New York 11570 Re: Harbor Lights Estates, Southold Dear Mr. Frey: The following action was taken by the Board of Town Trustees during their regular meeting held on September 24, 1987 regarding the above referenced property. WHEREAS, Robert H. Frey requested a Waiver of the Wetland Ordinance for the construction of deck addition to an existing dwelling located on Windjammer Drive, Southold, and WHEREAS, the Board made the following findings of fact: 1. By this request appellant requests permission to construct an open deck to be constructed 35' landward of an existing bulkhead. 2. The subject property is located on Windjammer Drive, Southold. 3. The project will not affect the health, safety and general welfare of the people of the Town, Now, therefore, be it RESOLVED that Robert H. Frey be and hereby is granted a Waiver of the Wetland Ordinance as requested to construct an open deck to be constructed 35' landward of an existing bulkhead on property located on Windjammer Drive, Southold, all in accordance with the plan submitted. Please return to the Building Dept. for a determination on the need of any other town permits that may be required for this project. Very truly yours, Board of Town Trustees HPS: ip Robert H. Frey - Pagee cc: Commissioner Thomas C. Jorling, D.E.C., Albany Robert A. Greene, D.E.C., Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management John Holzapfel, Chairman, Southold Town C.A.C. Victor Lessard, Admin., Building Dept. Planning Board Board of Appeals file APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 September 11, 1987 Mr. and Mrs. Robert H. Frey 20 Hewitt Road Rockville Centre, NY 11570 Re: Appl. No. 3670 Variance Dear Mr. and Mrs. Frey: This letter wilt. acknowledge receipt of your recent application before the Board of Appeals. The Board members will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling your application for a public hearing. It is requested that you furnish the following information (before October 2nd) for the record as previously discussed: ~7~7 ~'~ 1. Elevation sketch of newly proposed construction - ' ~(side view) and ground contours as exists and proposed. '7~ ~.~,.z~,,,~'~ ,J 2 ' , ¢,~- . Sketch depicting the area s established setbacks ' ~J' (neighborhood structures). 3. Sketch showing the construction plan, railings, c~_/?.~(~) all levels, etc. It is expected that a public hearing will be held on October 8, 1987, and a copy of the Legal Notice as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to yo~ as confirmation. Page 2 - Appl. No. 3670 Variance September ll, 1987 To: Mr. and Mrs. Robert H. Frey Please feel free to call at any time if you have questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ~P.S. Please be sure to file your application for a waiver before the Southold Town Trustees before September 16th (in order to allow time for field inspection by the Town Trustees and possible action on the waiver request Septem- ber 24th). (Tel. 765-1892 Ilene, Trustees Clerk). SURVEY FOR ROBERT H. FREY 8 HILDEGARD FR£Y LOT NO..10, H,~RBOR LIGHTS ESTATES, SECT/ON TOWN OF SOUTHOLD SCALE: SUFFOLK COUNTYt NEW YORK NO MAY 14 , 1987 ~'~. YOUNG e~ YOUNG ALDEN W. YOUNG, PROFESSIONAL ENGINEER 400 OSTRANDER AVENUE RIVERI-~AD, NEW YORK Memorandum from.... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 To: Ilene, Trustees From: Z.B.A. Date: 9/14/87 Clerk Please let this confirm that we have asked Mr. and Mrs. Robert Frey to contact the Trustees concerning a waiver for the proposed deck addition to their existing dwelling. Mrs. Frey confirmed that she is sending a written waiver request to you today and asks if the Trustees could inspect the pmemises on or about 9/16 for a possible determination at your next meeting. Attached is a copy of the sketch map filed with our variance application for your file as requested by Mrs. Frey today. Southold Town Board of Appeals I~AIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS 1987 October 8, S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3670 PROJECT NAME: ROBERT H. FREY This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: ['~ Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Permission to locate open deck construc- tion with an insufficient setback from existing bulkhead. LOCATION OF PROJECT: Town of Southold, County of Suffolk, particularly known as: Windjammer Dr., Southold,_ NY 1000-79-04-08 more 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) Separating the project in question from the waterfront or tidal area is other construction and/or a bulkhead in good condition. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals, Town }{all, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. (3) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA. mc egal Notices NOTICE OF HEARING NOTICE IS HEREBY ~ VEN, pursuant to Section 267 i he Town Law and the Code of Town ofsouthold, the follow- ; hearings will be held by the ;UTHOLD TOWN BOARD · APPEALS at a Regular :etmg al the Southold Town !L Main Read, Southold, New c~:, on THURSDAY, OC- 3BER 8, 1987 at the following 7:35 p.m. Appl. No. 3651 - ~AN KAMEN. (Recessed :RARD C. KEEGAN. Vari- iclc XI, Section 100-119 1lC) 'art Road, Southold, NY; of Cedar Lane, Southold, ,5 pm Appl No. 3663 - !ti() CASTELLI. Variance his "A-40" Residential and ultural Zoning District ~t~o advertising "Landscaping & Sprinklers_~Forever Green." Location of~rty: South Side of North Ro~t~q2.R. 48), Peconic, NY: County Tax Map Parcel No. 1000-69~4~1.3. 8:10 p.m. Appl. No. 3653 - NORTH ROAD AS- SOCIATES. (Recessed from 9/10/87). 8:15 p.m. Appl. No. 3593 and No. 3659 - QUIET MAN INN. (Both hearings recessed from 9110/87). 8:25 p.m. Appl. No. 3664 - ANA G. STILLO. Variance to rescind prior decision rendered under Appenl No, 3562 on De- cember 11, 1986 for a condi- tional approval under New York Town Law, Section 280-a, and deleting Condition No. 2 of prior decision rendered under Appeal No. 3619 on April 2, 1987, and as an alternative being subject to New York q%wn [,aw, Seac- tion 280 a over the existing right-of-way approximately 100 ft. to the east of the subjeact right-of-way (approved or to be approved and accepted by the Planning Board for this set-off division of land), located along the north side of Main Road, Orient· NY; County Tax Map District 1000, Section 14, Block 2, Lot 26 and Lot 12.2. (8:35 p.m. Appl, No. 3670 OBERT H. FREY. Variance the Zoning Ordinance, Article I, Section 100-119.2 for permis- sion to locate open deck con- steuction with an insufficient setback from existing bulkhead at Harbor Lights Estates, Sec- tion I,~ Lot 10, Southold, NY; County Tax Map Parcel 1000-79-04-08, 8:45 p.m. Appl. No. 3669 - MICHAEL AND ELIZARETIIt~ LADEMANN. Variances to the Zoning Ordinance, Articlb Section 100-31 and Article XI, Section 100-119.2 for permission to locate new dwelling with in- sufficient setbacks from the northerly front property line along a private a right-of~. and from the nearest we~i grasses, premises known ferred to as Lat No t, Map of Blum and Littell, locatod along the East Side of Stillwater Av- enue, Cutchogue, NY; County Tax Map Parcel No. 1000-103-1- 19.6. The Board of Al)peals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above matters. Each hearing will not start before the time al- lotted. Written comments may bo submitted rior to the conclu- sion of the subject hearing. For more information, plense call 765-1809, Dated: September 28, 1987 IIY ORDER OF TIlE SOUTIIOLD TOWN BOARD OF APPEALS GERARD P. GOEIIRINGER, CIIAIRMAN Lmda Kuw~lski, STATE OF NEW YORK ) ) SS: COUNTY OFSUFFOLK ) Chr i.~ ti~a Conte[~to of said County, being duly sworn, says Principal Clerk of THE SUFFOLK TII' Newspaper, published at Greenpor; of Southold. County of Suffolk and York, and that the Notice of which a printed copy, has been regularl, said Newspaper once each wee' weeks successively, commencing dayof O(:tob(~r 198 Sworn to before mo this 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 hearings will b~ held by the SOUTHOLD TOWN BOARD OF APPEAL~ at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY on THURSD&Y, OCTOBER $. 1987 at the following times: 7:35 p.m. Appl. No. 3651- ~. (Recessed from 9/10/87). 7:40 p.m. AppL No. 3592- BENTE SNELLENBURG. (Recessed from 8/20/8?). 7:45 p.m. Appl. No. 3668- GERARD C. KEEGAN. Variance to the Zoning Or- dinance. Article XI, Section 100-119~l(C) for approval of con- struction of fence in the easter- ly frontyard area at a height of six feet. Location of Property: West Side of Founders Path and East Side of Hobart Road Southold, NY; County Tax Ma Parcel No. 1000-64-4-1{ Founders Estates Lot 39. 7:50 p.m. AppL No. 36.57~, CLYDE FRITZt Variance,tO:~ Zoning Ordinance, Article Ill, Section 100-31 for approval of ir}sufficient lot area, width, and depth of two proposed pascels fronting along the westerly side of Cedar Lane, Southold, N~, County Tax Map Parcel No. 1000-78-7-45.1, containing a total area of .694 of an acre. 7:55 p.m. Appl. No. 3663- MARLO CASTELLI. Variance to the Zoning Ordinance, Arti- cle Ill, Section 100-30 for ap- proval of sign as exists of ex- 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 cop~, has been published in said Long Island Traveler-Watchman once each week for / weeks successively, commencing on the ...................... Sworn to before me this ..................... day cfi p:,,;.' ........... ROBE~ H. ~EY. V~~ to the ~ning OMin~ Article XI, Section 1~119.2 for ~r-/ mission to I~te o~ ~k ~n-/ struction with an insu~cien~,~C'''~' '~'~''' .7~-~.. ~.~'. .......... setback from ~isti~ bulkhead~ Notary Public at Har~r Lights ~t~, ~: tion I ~t 10 ~u~old, NY; ~ I~2. RBAR~ I OPIH S County %x Map ~e No~ ~ ~ot,rv 4, , ' 1~-79-~-08. ~8:45 p.m. Appl. NO. 3~9- L~u:, hi MICHAEl. AND Comz ELIZABETH LADEMANN.~;~ ' %dances to the ~ning Or- dinanc~ Article Ill, ~ction cessive size in this "A-40"' Residential and Agricultural ,,Z,o, ning District and advertising,/ 'Landscapi0g & Sprinklers by Forever Green." Location of Property: South Side of North Road (c.R. 48), PaconJe. NY; County Tax Map Parcel No. 1000-69-4-1.3 8:10 p,m. Appl No. ~653- NORTH ROAD ASSOCIATE,'~ (Recessed from 9/10/87). - 8:15 p.m. Appl. No. 3593 and No. 3659- QUIET MAN INN. (Both hearings recessed from 9/10/87). 8:25 p.m. Appl. NO,~3664- G. STILLQ. Variance to rescind prior decision rendered under Appeal No. 3562 on December I1, 1986 for a conditional ap- proval unde(~qew York Town Law, Section 280-a, and deleting Condition No. 2 of prior deci-' sion rendered under Appeal No. 3619 on April 2, 1987, and as an alternative being subject ua New. York Town Law, Section 280-a over the existing right-of-way approximately 100 ft. to the east of the subject right-of-way (ap- proved or to be approved and accepted by the Planning I~ard for this set-off division of land), located along the north side of Main Road, Orient, NY; Coun- ty Tax Map District 1000, Sec- tion 14, Block 2, Lot 26 and Lot 12,2. 100-31 and Article XI, Section 100-119.2 for permission to locate new dwelling with insuf- ficient setbacks from the nor- therly front property line along a private right-of-way and from the nearest wetland grasses, premises known and referred to as Lot No. I, Map of Blum and Littell, located along the East Side of Stillwater Avenue, Cut- ;chogue. NY; County Tax Map Parcel No. 1000-103-1-19.6. The Board of Appeals will hear at said time and place all · ix"nons or representatives de,ir- lng to he heard in each of the above matten. Each hearing will not start before the time allot. ted. Written comments may he submitted prior to the conclu-' sion of the subject hearing. For more information, please call 765-1809. Dated: September 28, 1987 BY ORDER OF THE : SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretacy IT-10/I/87(6513~ JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 September 9, 1987 TO: FROM: Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3670 , application of Robert H. & Hildegard Frey 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. Southold Town Clerk YORK STi DEPAP. T~NT OF E:IVI?DIP.,T..NTAL CONSEP. VATIO!I Regulatory Affa~-r$ Unit~ O .... ' ...... Bld§. 40, SU'-~Y-- Room 2J~ ..... Stony Br~~. ~rr - 11794 ..... ~- .... [5'f6) 751-7900 I i go'7 o A review has been made. of¥our proposal to: New York State ~partm~n~ of En~ron~n~al Conse~ation has fo~d the ' parcel ...~ project to be: Greater than 300' from inventoried tidal wetlands. ~ L~dward of a substantial mn-~de st~cture ~,~ ~~ greater ~h~ i00~ ~n l*~gth constructed prior t~ Septo~or 20, 1937. ~ ~dward of 10~ contour elevation abovo ~an ~ea l~v*l m a gradml, nat- ural slope, ~dward of topographical crest of bluff, cliff or d~e in ex.ss of 10 feet in elevation above ~ sea level. ~erefore, no pe~t under Article 25 (Tidal Wet~nds of the En~r~ntal ~se~ation Law) is req~red at this time since the current proposal is beyond State ~dated Jurisdiction purser to this act. H~ever, ~y additional work or ~difications to ~e project ~y require a pe~t. It is your responsibility to notify this office, in writing, if such additional work of ~fication8 are C~te~lated. DJL :I~'T: cz 4.' ~ .J. ~arkin Regional Supervisor of Regulatory Affairs TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 3~10 TO THE~%~%BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ~&~..~E~ ................................ of.~Q..~¢~.[.~ ........................... ~ ............. Name of Appello~ Street and Number ............... ..R..o..c...k_v..~..Z..Z...e.....C..e..~..~Le.x ..................................... N..,..~..,....[~.~..~..0. ...... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON Amendment to APPLICATION FOR PERMIT NO. 15639Z DATED 23 Ja.n... 1.9.87 WHEREBY THE BUILDING INSPECTOR DENIED TO Rober~ H. Frey Hildegard Frey Name of Applicant for permit of .......... ....1..!9. 2..i. .............. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Permit to construct a deck 1. LOCATION OF THE PROPERT¥4.O.Q ..W. Ln.C.j.~.m.~.e...r.....D..r..,....S..9..u..t...h..o...1..d. ...................................... Street /Hamlet / Use District on Zoning Map District 1000 SeC¢ion079Block04Lot08 ^ . Robert H. Freb, .................................................................................. ~.rre,~ 0~,er Hilde~ard Fre.v Map No. Lot No. Prior Owner. Julian Franz & wife 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article--5[J_~ Section 100-119.2 Article -I~ Section 100-31 3, TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) 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) h~s no~ been made with respect to this decision V 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 Appea! No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance isrequestedforthereasonthat To construct a deck addition with setback of less than ?~' from wetlands and or bulkhead, and less than ~5' from closest rear DUDperty line, ~orm ZB! (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulti~ orunn~es- samHARDSHIPbecau~ at the time I applied for the original permit, the rear yard setback requirement was 35'. The house is now setback 45.5'. The law was changed since my building was constructed. 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 same as paragraph one above. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Niy aonstruation would not be out o£ character with adjoining properties. (see Neil Simon property) STATE OF NEW YORK ) ~/~..~../. ss ................................ ............................. COUNTY Ol~i~ ~ ) Sworn ,o this ................ ..~..-~ .................. day of.......~.~...~......~......rJ~...~..~ ......... Notary Public ' ELIZABETH ANN NEVILLE Not~ry Public, Stere of New York No. 52-8125850 Suffolk Coup,- Term Expires October 31, 19 ~ BOARD OF APPEALS, TOWN OF SOUTHOLI~ ~, : ~' In the Matter oT' the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~ intention of the undersi§ned to petition the Board of Appeals of the Town of Southold to request a~arianc~(Special Exception) (Special Permit) (Other) [circle choice] 2. That the pro?erty which is th.~e subject of the Petition is located adjacent to your property and is des- cribedasfollows: ~o 1~)/,".3b~'"%~,/,~-/~_ ~/'C~ ~7"-/-7~-,'~ ~V 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 provisions of the Southold Town Zoning Code appJJcabJe to the re~mief sought by the under- signedare Article ~-- Section /oD -IIq.2~ ~- Al~';'~,-"~,r.~ ~ .a.~,~ ,'o0 -~ / [ ] Section 280-A, New York Town Law fo~ approval of access ove~ ~ght(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 may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Owners' Names :. ~/,~oe-~4e, /r~, P~Office ,address Z~' //~'~;~' ~'~t~ RECEIPT FOR CE! (See Rev~ D, State and Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Dale Oehvered Return Receipt show ng Date, and Address of Dehve~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS P 666 P 666 262 526 666 262 RECEIPT F¢ RECEIPT FOR CERTIFIED MAIL NO INSURA M0 iNSURANCE COVERAGE PROVIDE0 :EIPT FOR CERTIFIED MAIL NOT FOR INTERNATIONAL MAIL (S (See Reverse) I (See Reverse) Sent to Sent to Street and NO ~ ,rj/~/-~. / PO,StateandZ,, PO,StateandZIP Cod~ /'~ ,tateand ZiP Code ~ TOTAL STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ~_.~. _~.,.._.)L ~, '~A~ , residing at r~lD H'~,"~O i "~ ~C[J ['C~ ~ L.L~__ c.~_n'l"~'e.~ ]. v~ ~ , being duly sworn, deposes and says that on the ~ day of .~',o~,-.¥~),n.~.~('- ' ,19 ~"7, , deponent mailed a true copy of the Notice set forth od the re. verse side h~reof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- ficeat J-~nb?~o~, Y~ (~d) (regis}ered) mail. ' 'V ' ; that said Notices were mailed to each of said persons by Sworn to before me this day of ~¢¢DS'e~ ~a~t~ , 19 Notary Public ELIZABETH ANN NE~LLE Notary Public, State of New York No. 52-8126850, Suffolk Term Expires October 31, does not have to ) be completed on form transmitted to adjoining FORM NO. 3 TOWN OF SOUTilOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF I)ISAPPROVAL File No ................................ To ?,q,.. ~:.. ~4: .. ~...~ ................ · ~.o.. ~...-s.,.......-m~, "Yt..t_,..o:. ~ ............. .<~,--~,z,&4..,.~a~...~. s ..,...~.;.c? .o.. PLEASE TAKE NOTICE that your application dated ....... ~2..~.~ ~...~. .... ,19 .~ .'7.. for permit to construct...~"~., qa~4~"~: ..................................... at ,~ocation of Property. ¢.~;.. m..&.&~ ~..%.~ .C,.. ....... ~~ .... House tva. k,~ Street Hamlet '~' O ~ . Lot C~ ~ County Tax Map No. 1000 Section ... 3:~ .~. ..... Block ........................... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following g, otmds .(]~..'r~...~..~..~..--~ ./..~. 7.~]~'~ ~~..~' 'q?)'~" ~~'"' ~'~&5'' ~" ~c.'~ ......... Building ]uspector RV 1/80 ,IIISTI~UCTION SI (6) ~I~ Order %o answer tho que~t, ion:{ In thl~ :H~ort E~i: la 1~ aa:mm,~d th~c ~ho [ropmrer will un~ ccrr~n~l~ avatlabl~ tnfon~tlon concurnlng tho pro~cc and tho ~ otho~ lnvo~ctgatton~ w~l bo ~dortaRan. (b) %f any question ha~ bean anawornd Y,:~ tim project rrmy L~ :~t~niflc~nc and a cc~.plo~od gnvlro~ental A~o~smont Fo~ (c) Zf all qua~tton~ h~vo been answered po~ mlgniflcant. (d) ~virnnmental l. W~i projcc~ ~o ~he project ut~o or physically alter more than 10 2. Will thoro unuuuul land fo~ found on tho =ltu? . . ~/ No ~ WD.I rrojcct al%or or have a larl;u uffoct on an oxlucln8 body of water? , , ..... W~I pro~oc~ have a potunttally largo imp.cb on W~i pro~cc~ ~i~lflcaatly. off,:ct drainage Will pro,eec affect any ti~uac,m.,I or *-plant or anL~l upccleu? , . . ..... W~I pro~ec~ havu'a c'~Jor effect cn vluusl chur*- ~cter of tho co~,mun~:7 o~ ncen~c vtu,,/~ of vlata~; 9, Will projoc~ advoruoly impac~ an7 ~it. or :~cruct.. UFO Of h&~corlci pro.-hls:or2c, or importance or any ~tto dauignat~d a:~ a critical ~nvironmun~l area by a local a{~un~y?· · · .. ~0. W~I pro~o~ havu a ~or'offoct on oxlu~g or Euturc recreational opport~itloI'/ · , -- You / tie 12. %'fill project regularly cau::o obJection:~ble ador~:, tlon cf more than ~ percent o,:or a pJ:rtod o~ have a major neCat!..,e effect uq QUEST[O;;NAIRE TO BE COMPLETED ArID SUBI.IITTED WITH YOUR APPLICATIO;I FORt.iS TO TilE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? · '- ' Yes Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by ~own Code, Ch. 97 for your reference.) Yes re there any areas open to a waterway without bulkhead? Yes Are there existing structures at or below ground level, ~ such as patios, fo~undation~s, etc? Are the~e any existing or proposed fences, concrete barriers, decks, etc? Yes If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes If project is proposed for principal building or structure, is total height at more than 35 feet above average ground l~l? State total: ft. Yes Are there other premises under your ownership abutting this parcel? If .yes, please submit copy of deed. Yes Are there any building permits pending on this parcel (or abutting land under your ownership,-if any)? State Permit # and Nature: ~Z~,~ ~ ~/~ Yes Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning. Board Yes Town Board Yes Town Trustees Yes County Health Department Yes Village' Of Greenport Yes N.Y.S.D.E.C. Yes Other Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale.(from contract). Yes ll. Is new construction proposed in the area of contours : at 5 feet or less as exists? Yes 12; If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under Yes the requirements of Ch. 97 of the To~vn Code? 13. Please list present use or operations Conducted upon the subject Property at this time and proposed *Please submit photographs for Che record. I certify that the above statements are true and are being submitted reliance b~ ~he Boardxof Appeals in considering my application. Signa:ude (Propert~ r) zed Agent) for 3/~,7 lk § 97-13 WETLANDS § 97-13 TOWN -- Tho Town of Southold. TRUSTEES -- Tho Board of Trustees of the Town of $outhold, [Added 6.5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (I) All lands generally covered or intermittently cov- ered with, or whicb border on, tidal waters, of]ands lying beneath tidal waters, which at mean low tide are covered by tidal water:~ to a maximum depth of five (5) feet, including but. not limited to banks, bogs, salt marsh, swamps, meadoxvs, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats antl tidallmarsh subject to such tides and upon which grows or may grow some or any. of the follo~ving: salt hay. black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wcthmd ns defined itl Subsection A(2) and lying within seven- ty-five (75) feet landward of tile ir. at l:mdwai-d edge of suclt a tidal wethmd. II. FRESIIWATER WETLANDS: (1) "Freshwater wetlands" :ts defined in Article 2.1, Ti- tle 1, § 2-1-0167, Subdivisions 1(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) Ail land ~mmediately adjacent to a "freshwater wet- land," as defined iii Subsection B(1) and lying with. in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 ,/ rHO£D BAY '34 1.3 /0 --1 ,5' U