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Home My WebLink About3648 Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'7'1 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3648 Application Dated July ]0, TO: Mr. Ferucio Frankola P.O. Box 630 Southold, NY 11971 1987 [Appellant (s) ] 9-1 At a Meeting of the Zoning Board of Appeals held on September 10, 1987 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article XI , Section ]00-]]9.2 [ ] Request for Application of FERUCIO FRANKOLA for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to con- struct swimmingpool, deck and fence enclosure within 75 feet of wetland area along West Creek. Location of Property: 1900 Glenn Road, Southold, NY; West Creek Estates Lot No. 19; County Tax Map Parcel No. 1000-78-~- 3~ WHEREAS, a public hearing was held and concluded on August 20, 1987 in the Matter of the Application of FERUCIO FRANKOLA under Appl. No. 3648; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is shown on the 1963 Subdivision Map of West Creek Estates as Lot No. 19, containing a total area of 27,000+ sq. ft. with frontage of 100 feet along the south side of Glenn Road and along West Creek. 2. The subject premises is improved with a single-family dwelling built under Permit #3507Z during 1968, and is located in the "A" Residential and Agricultural Zoning District. 3. By this application, appellant requests permission to locate an inground swimmingpool, with decks and fence enclosure, as more particularly shown on sketched survey submitted with this application. The actual pool construction is proposed at 60 feet from the bulkhead at the west side and 75 feet from the ordinary high-water mark along West Creek. The fence enclosure is shown to be not less than 69 feet from the ordinary high-water mark along West Creek and 55 feet from the west property line. (CONTINUED ON PAGE TWO) DATED: September 10, Form ZB4 (rev. 12/81) 1987. CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 Appl. No. 3648 Matter of FERUCIO FRANKOLA Decision Rendered September 10, 1987 4. Article XI, Section 100-119.2, subparagraph (B) requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. 5. The Courts have held that the area setback variance must meet the "practical difficulties" standard, considering as follows: (a) the relief requested is not substantial in relation to the requirement; (b) the project as proposed is not out of character with the neighborhood; (c) the circum- stances of the property are unique and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, comfort, convenience or order of the town; (e) the variance requested is the minimal necessary; (f) there is no other method feasible for appellant to pursue other than a variance. 6. It is the opinion of this Board that: (a) the relief requested is the minimal necessary under the circumstances; (b) the project as proposed is not out of character with the neighborhood; (c) the circumstances of the property are unique and are not personal in nature, particularly due to the nonconforming size, lot width, limited buildable area, etc.; (d) the variance will not in turn be adverse to the safety, health, comfort, convenience, or order of the town; (e) the variance is not unreasonable and the project will comply with all other zoning setback restrictions of the Code as proposed; (f) the percentage of relief requested is not substantial in relation to the requirement; (g) that in view of all the above, the interests of justice will be served by granting the variance, as applied and further noted below. 7. It is noted for the record that: (a) at a Regular Meeting held June 25, 1987, the Southold Town Board of Trustees granted a waiver from the requirement for a Wetland Permit as noted therein, and (b) the applicant has indicated that he has an application for a wetland permit pending at this time before the N.Y.S. Department of Environmental Conservation concerning this project. NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to GRANT a Variance from the Provisions of Article XI, Section 100-119.2 for permission to locate swimming- pool fence enclosure (inclusive of decks and pool) with a setback at its closest point from the ordinary highwater mark along West Creek at not less than 69 feet, and from the inner edge of timber bulkhead at the west side at not less than 55 feet, AS APPLIED, AND SUBJECT TO THE FOLLOWING CONDITION: 1. That the pool remain open and unroofed [except by subsequent application and consideration therefore]. Vote of the Board: Douglass and Sawicki. r~s~!,_,~ ,,,~ duly adopted RECEIVED AND F LED BY THE SO OLD TOWN CLEm( ]k DA'I~ ~?/~/~ HOUR ~' 5 ~ Town Clerk, Town of Southold Ayes: Messrs. Goehringer, Doyen, (Member Grigonis was absent.) This GERARD P. GOEHI~INGER, F,~'AIRMAN September 21, 1987 NOTICE OF HEARINGS Town hearings will at a Regular M So~thold, New following time 7:35 p.m to the Zoning permission to dwelling with bul-khead and P Road (Private No. NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Law and the Code of the Town of Southold, the following De held by the SOU~H~OLD TOWN BOARD. OF AP'PEA~~ ~eting at the Southold Tow~ Hall, Main Road, Yerk~ on T.H.URSDA_~Y, A~GUST 20, 1-987 at the Appl. No. 3602 - MARGARET McNAMARA. Variance. rdinance, -~rticl~X~, ~ecti~on-lOO~ll~9~2(B) for :onstruct wooden deck attached to existing n insufficient setback from existing timber conic-B-ay. Location of Property: 640 Takaposha load' #]5), Southold~ N~ County: Tax Map Parcel 1000-87-06-10. - .... 7:40 p,m.. Appl. No. 3646 ROBERT AND NANCY MUIR. Variances to t?e Z~n].ng Ordinance, ~rt]cle III, Section lO0~31, Bulk Schedule, for permission to construct additions to dwelling wi-th an insufficient rearyard setback and insuffi- cient frontyarc setback. Location of Property: Corner of Gillette Drive nd Cleaves Point ~Road, East ~arion~ NY; County ~a~ Map Parcel o. 1~000-38~-29. A~pl. No. 3643 lance, Article X~,, 7:45 p.m. the Zoning Ordi permission ~o 1 addition withi-n line of Mario~ake, private ~ight-ol-way ~'NY; County Tax ~ap- 7:50 p.m. Appl. No, and DAVID FREY. Recessed reconvened. EUGENE PERINO. Variance Section· 100=119.2 for tO )cate-proposed dwelling with or without deck 75 feet ~f nearest wetlands along the shore- Location of Property: West Side of known as "Truman's Path," East Marion, Parcel No. 1000-31-12-16. 3644 - JOSEPH REINHART, FRED WIGHTMAN, hearing ~from.July 16, 1987 to be 8:00 p.m. Appl. No. 3647 - JOHN AND JOAN WETZEL. Variance to the Zoning Ordinance, Article III, Section lO0~31 and Article XI, Section 100-1.19~2, to construct additions to dwelling with red~c- tions in t'he sideya~,--and~ -to construct addition landward of existing dwelling structure 70± feet from the neares~ wetland edge or highwater mark along Eugene Creek. Location of Property: 4635 Pequash Avenue (Fleetwood Road), Cutchogue, NY; Fleetwood CDVe Lot No, 12; County Tax Map Parcel No. 1000-157-04-006. Page 2 - Notic Regular Meetin South¢ld Town 8:05 o.m o the Zoning permission to within 75 feet Property: 190( Lot No. 8:10 p.m from Condition of Hearings August 20, 1987 oard of Appeals Appl. No. 3648 FERUCIO FRANKOLA. Variance rdinance, Article X'I, Section 100-119.2 for onstruct swimmingpool, deck and fence enclosure of wetland area ~tong Nest Creek. Location of Glenn Road, South~ld, NY; West Creek Estates unty Tax Map ?arcel-:-No. 1000-78-02-36. Appl. No. 3655- ELLEN ~O.PE DeMARIA. Variance No.-1.-rendered July-8~' ]-96~ under Appeal No. 785, and Article III, Section lO0~3~,--~or.agproval of the construc- tion of accessory storage shed in fro~tyard area as shown on survey prepare~ by Roderick VanTuyl, P."C. April 9, 198fi. Location of PrOperty: West Side of Private Ro-ad (We~'View- Drive), Orient] NY; County Tax Map Parcel No. 1000-13-3-3. 8:15 p.m~ Appl. No.'3656 N~CHOLAS IPPOLITO. Variances to the Zoni-ng-O[dinance, Article III, Section-~lO0-3], and Article XI, Section 100-119.2, for permission to construct garage addition to dwell-ing with an insufficient southerly -sideyard setback, insufficient total sideyards, ~nsuffici-ent setback from bu}-khead~ ~long Arshamomaque' Pond~ and excessive lot coverage. -Eocation-of Property: 230 Carole Road, Southold, ~; County Tax--Map Parcel No. 1000~052~02-00~. 8:30 P.m. Appl. No. 3653.- NORTH ROAD ASSOCIATES. Variance per-su-ant t~o- New York Town Law, Section 280-a, for approval of access over p-rivate rig-ht-of-way extending ]70 feet from the no Tax Map Parcels 8:40 p.m. recessee from O~ ~th side of Main Road-, Orient, NY; County ~o. 1000-18-4-1.3 and 2. Appl. No. 3592 -BENTE SNELLENBURG. Hearing ly ~6, 1987. 8:50 p.m. Appl. No. 3654 BENJAMIN HERZWE~( 'ESQ. ~ariance Article XI, Section 100-119.2 for "building envelo e" with setbacks WILLIAM MOORE, ESQ_. and to ~he Zoning Ordinance, permission to establish of not less than 38 feet from nearest wet- no~ less than 30 approved under A~ of Property: 67~ Estates Lot No. 4 The Board o all pePsons or re of the above matt and along existing two-foot contour and feet from the front property line (as ~1. No. 3412 June 30, 1987). location Meadow Lane, Mattituck, NY; Mattituck ~; County Tax Map Parcel No. 1000-115-5-7. Appeals will hear at said time and place ~re~entatives desiring to be heard in.each ~rs. Each hearing will not start before Page 3 Notic Regular Meetin Southold Town of Hearings August 20, 1987 ~oard of Appeals the time allot ed. Written comments may to the conclus on of the subject hearing. please call 76i-1809. Dated: July 2 be submitted prior For more.information, ] 987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GbEHRINGER, CHAIRMAN Linda Kow~]'ski, Board Secretary Not-ice to News ]pets:-- Please publish once, to wit': August 6th and forward two._~affidav].$s of publication to: Board of Appeal~ Main Road, Southold, NY 11971. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE $OUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date ........ I ........... 1977... '~-. ~1.. i.i h~...~.~ .................... PLEASE TAKE NOTICE that your application dated., .~.~ ............. 19 .~ ~. [o¢~tio,~o~e~o~,~ lY.~.. 5.~.~: .... ~~~ ...................... ' .... House No, Street H~mlet County Tax Map No. I000 S<tion ...~ ~ .~ ..... Block .... ~. ~ ...... Lot . ,~ ~ ......... Subdivision ................. Filed Map No ................. Lo~ N~ .................. RV 1t80 TO'THE ZONING ......... TOWN OF:~OUTHOLD, NL~/' YORK ~ECISION OF BUILDING INSPECTOR BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. /fee ........ i.....of lame of Appellant .................. ~"~'~"~'~'~ .......................... ~. ........................................................................................ H REBY APPEL TO Municipality StYe THE ZONING BO(kRD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION F~R PERMIT NO ..................................... DATED ...................................................... / WHEREBY THE B~JILDING INSPECTOR DENIED TO ..... ............ ........ ............................................... Street and Number Municipality State IX)PERMIT TO USE ( ) PERMIT FOI~ OCCUPANCY ( ) LOCATION OF THE PROPERTY ...../.?...~.?......~..~.~...~ ....... ..~..?... ................... ..~....~.~./?...~...~,.?./...~....L...,. District 1000 Se Iv,ap No. 2. PROVISION (S) section and~._P~rag ra Article ~I 3. TYPE OF APPE (~'~ . ' A VARIANCE ( ) A VARIANCE Art. 16 Sec. () Street /Hamlet / :tion~/~ BlockO~. Lot ~ _ . ................................................. burren~ Owner Lot No. Prior Owner Use District on Zoning Map OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section. Sub- ~h of the Zoning Ordinance by number. Do not quote the Ordi.nance.) Section /oo~ I1~-'~ ,L Appeal is made herewith for (please check appropriate box) to the Zoning Ordinance or Zoning Map due to lack of access (State of New York Town Law Chop. 62 Cons. Laws !80A Subsection 3 4. PREVIOUS APPI~L A previous appeal (has) (l~as not) 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 A ~eal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to iection 2BOA Subsection 3 (~ A Variance to the Zoning Ordinance ( ) ,s requested for the rffas0n that Forzn ZB1 (Continue on other side) REASON FOR APPEAL Continued OF THE ORDINANCE would produce practical difficulties or unneces- The hardsk~p created is UNIQUE and is not shared by oil 2 vicinity of this property aha in this use district because ~)roperties alike in the immediate 3 CHARACTER OF THE DISTRICT because Tl~e Variance would observe the spirit of the Ordinance orcd WOULD NOT CHANGE THE STATE OF NEW YORK ) COUNTY OF/~) Signature Sworn to this ...... .~...~.~ .........................doy of ..................................... 19 ~__ Notary Pubic PUBLIC S~Je oJ New ~ OWNER FORMER OWNER TOWN O1: $OUTHOLD STREET PROPERTY RECORD qLLAGE S W CARD SUB. {'//' LOT TYPE OF BUILDING SEAS. MP. vg TOTAL FARM COMM, CB. MISC, Mkt. 'v'olue REMARKS DATE / f~7/ ~ AGE NEW FARM Tillable Tillable 2 Tillable 3 Swampland Brushland -louse Plot NORMAL Acre BUILDING CONDITION " BELOW ABOVE Value, Per Value Ac re FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK COLOR Porch ~r~ Breezeway Driw ~otio Total lotion erlt /oils Place Roof ~Creation eway ull Both Floors Interior Finish Heat Rooms ]st Floor Rooms 2nd FIoo Dinette K, LR. DEPARTMENT Of PLANNING COUNTY OF SUFFOLK M~CHAEl A. LoGRanDe' SUFFOLK COUNTY EXECUTIVe 360-5206 LEE E. KOPPELMAN October 2, 1987 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Ferucio Frankola 3648 Thomas & Frances Smith 3662 Very truly yours, Lee E. Koppelman Director of Planning GGN:gcc S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ~OBERT J, DOUGLASS JOSEPH H SAWiCKI Pursuant Southold Town Board of Appeals MAIN ROAD- ~;TATE ROAD 2S SOUTHOLD, L.I., N.Y. }lCJ?l to Article XIII TELEPHONE (gl{i) ?65 1209 of the Suffolk County Charter, the Board of Appeals of the Town of Southo]d, New York, hereby refers the following to the Suffolk County Planning Commission: ~ Variance from the Zoning Code, Articl~ ×z , Section 100-119.2 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3648 Applicant: Hr. Feruc£o FrankoZa Location of Affected Land: 1900 Glenn Road, Southol. d, County Tax Map Item No.: 1000- 78-03-36 Within 500 feet of: Town or Village Boundary Line NY XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed Boundary of Existing or Proposed Other Recreation Area County, State or' Federally Owned Lan County, State or Federal Park or or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Establi~,hed Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to_ _C_On~tj~mcL~ ~i[ru..qi_n_gi~_o_c_~~ _ deck and fence enclosure_Within 75 fpc~t- nf we~J~xl.~ea_alon_~_.W_est__ Creek. Copies of Tov/n file and related documenLs enclosed for your rev}?w. Dated: SeDt' 25, ]987 APPEALS BOARD MEMBERS GERARD P.' GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT .1. DOUGLASS 'IOSEPH H. SAWICKI Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 September 21, 1987 Mr. Ferucio Frankola P.O Box 630 Southold, NY 11971 Re: Appl. No. 3648 - Variance Dear Mr. Frankola: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board Of Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, Enclosure Copy of Decision to: Building Department Board of Town Trustees Suffolk County Planning Mr. Ferucio Frankola GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski Commission (personally picked-up 9/22) TRANSCRIPT OF HEARING SOUTHOLD TOWN BOAR'D OF APPEALS REGULAR MEETING OF THURSDAY, AUGUST 20, 1987 Appl.-No, 3648 Applicant(s): FERUCIO FRANKOLA Location of Property: 1900 Glenn Road, County Tax_Map ID No. lO00- ~ Southold Board Members present were: Chairman Goehringer Members: Grigonis, Douglass~. Doyen and Sawicki. P. Goehringer, Absent was: (None). Also present were: Victor Lessard Building Dept.), Linda Kowalski, Z.B.A. Secretary, and approximately 25 persons in the audience. The Chairman opened the hearing at 8:13 o'clock p.m. alld read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the sketch of the. survey indi- cating.an ~existing approximately half acre lot with a proposed swim- ming pool in the rearyard area. This shows approximately 75 feet to the highwater mark on the West Creek side. There'is however, a dredged existing basin on the east side (excuse me) west side of the house and this is where the code requirement is 119-2B exists. And they're ask- ing for approximately a 60 foot reduction and 55 feet. ~I assume that is to a deck. And I have a copy of the Suffolk County Tax Map indicating thi§ and surrounding properties in the area. Is there, somebody who would like to be heard? Mr. Frankola. Is there anything you'd like to say? ~ MR. FRANKOLA: I'd like to build a pool there as it~.is shown on the sketch. CHAIRMAN GOEHRINGER: The. difference between the 60 feet and the 55 feet; is that deck area, that five feet? MR. FRANKOLA: Yes. CHAIRMAN GOEHRINGER: And with the... In other words, what you're planning is is a five foot deck toward the actual West Creek area. A five feet deck. I see you have 20 feet on this side. Is that a 20 foot deck on the side towards the basin and a 40 foot deck toward the house? No. That's a 20 by 40 foot pool. So it's 5 feet on the West Creek side, the width of the deck. Ten feet on the east side, five feet on the west side and approximately ten feet on the north side? ~Page 2 - August 20~987 Public Hearing - F~cio Fran~ola Southold Town Board ~of Appeals MR. FRANKOLA: On the north side, yes. CHAIRMAN GOEHRINGER: Would there be~any other physical changes that you would be doing in the construction of this pool? Encroaching any closer to any wetland area or anything of that nature? MR. FRANKOLA: No. CHAIRMAN GOEHRINGER: And is the pool a liner pool or is a gunite pool or what kind of pool is it? MR. FRANKOLA: Gunite pool. CHAIRMAN GOEHRINGER: Alright. Thank you very much. else who would like to speak in favor or against? Is there anybody MRS. LARSEN: I just would like to add some background to this if I could. The Board of Trustees got to know the Frank01as quite well over the past severgl months. And the Frankolas originally came to us with a proposition to construct a house, swimming pool with bulk- heading on the vacant lot to the west of their property or on the op- posite of the man-made channel off the man-made marina boat basin on the other side of West Creek. And I don't know who has told it to the Frankolas shagrin but we were able to get the point across to them that bulkheading isn't generally permitted with the Trustees 'now in areas with no evidence of erosion such as that Creek and we got it across to them. I think it was nothing personal against them. It was just a Trustee policy that we were not going to allow this in the future. So they did renege on the whole thing after several conservations and meet- ings with them. The opposite portion where they want to put the pool and the deck on, we understood to be (initially) an overdevelopmen~ of land use. With the marina in there, basically, I have to'refer to it as a marina because the way we understood it that originally when the Fran~olas bought that property, that basin. Every homeowner on West Creek had vested rights to use that. So it was supposed to be a com- munity type marina. Subsequently, that's all changed. I don't really know how. And then there was questions that there were too many boats that didn't fit in with the boating ordinance. That they had five and six boats where the regulation only allows two boats other than your own. So we realized that. But in lieu of the fact that it is or was a gentleman's understanding that if the house is constructed on that vacant piece of property, that it probably wouldn't get passed the Board of Trustees. That a swimming pool or bulkheading wouldn't be allowed on the adjacent parcel. So that's just what I wanted to make you aware of and we looked at the whole thing. And we felt in the long run, this was allowing some use because they wanted to put their daughter up for the summer. So they were going to expand the house and put a pool in. And so that's why it came to your Board as such. CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would like to speak either in favor or against this application? Hearing no fur- ther questions, I'll make a motion closing the hearing, reserving de- cision until later. Ail in favor - AYE. Southold Town Board of Appeals MAIN ROAD-STATE ROAD 2S SOUTHOLD, L.I., N.Y. llg?l APPEALS HOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAW[CK[ TELEPHONE (516) 765-1809 August 20, 1987 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DLCLARA~ION Notice of Determination of Non-Significance APPEAL NO.: 3648 PROJECT NAME: FERUCIO F'RANKOLA 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 dep~rtment or agency which may also have an application pending for the same or similhr project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Construct swimmingpool, deck and fence enclosure within 75 feet of wetland amea along West Creek LOCATION OF PROJECT: Town of Southold, County of Suffolk, particularly known as: 1900 Glenn Road, Southold~ NY ~00-78-2-36 more REASON(S) SUPPORTING THIS DETERMINATION: (1) Ail Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Information has been submitted by applicant or his agent indi- cating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to on the Town Clerk Bulletin Board. (3) The relief requested is a Section 617.13, 6 NYCRR, SEQRA. the applicant or his agent and posted setback variance as regulated by mc HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 (516) 765-1892 July 1, 1987 Mr. Ferucio Frankola 9-01 138 Place Malba, New York 11357 Re: 269 Glenn Road, Southold, New York Dear Mr. Frankola: The following action was taken by the Board of Town Trustees during their regular meeting held on June 25, 1987 regarding the above matter. RESOLVED that the Southold Town Trustees WAIVER the need of a Wetland Permit for the construction of a full second floor addition to an existing residence on property located at 269 Glenn Road, Southold as per the request made by Ferucio Frankola subject to a restrictive covenant to be prepared by the applicant's attorney, reviewed by the Town Attorney, and filed by the applicant in the office of the County Clerk. Copy of same is to be forwarded to the Trustee office for the file. Should you have any questions or concerns, please do not hesitate to contact th~s office at th~ telp~hone number liated nbc. ve. 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, Henry P. Smith, President Board of Town Trustees HPS:ip cc: Board of Appeals Bldg. Dept. D.E.C., Albany D.E.C., Stony Brook Trustees file HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TIII/STEES TOWN OF SOUTHOLD Town Hall, 53095 Mare Ro~d P.O. Box 728 Soothold, New York 11971 June 30, 1987 'IELEPHONE {516) 765-1892 Mr. Ferucio Frankola 9-01 138 Place Malba, New York 11357 Re: 269 Glenn Road, Southold, New York 11971 Dear Mr. Frankola: The following action was taken by the Board of Town Trustees during their regular meeting held on June 25, 1987 regarding the above matter. RESOLVED that the Southold Town Trustees WAIVER the need of a Wetland Permit for the construction of a 20' x 40' in-ground pool and a 8' diameter Jacuzzi with an 8 sided Gazebo above the Jacuzzi as requested by Ferucio Frankola for property located at 269 Glenn Road, Southold. All discharge from the pool is to be kept out of the creek. During excavation the fill must be contained so that it does not wash into the creek. Please remit $25.00 to this office for the Waiver granted. 'y P. Sm~Sth, President Board of Town Trustees HPS:ip cc: Bldg. Dept. Board of Appeals Trustees file BO'oo~ (~o,o, ~o"T. 19 '1' 'ZO .~ ~~ ~ ance to the Zonin~ Ordma, nce, ~ ~~s ~ A~XI, Section 100~l19~2for] ~ p~sion to construct sw~m-/ NOTICE O~ ~EA~INGS ~ ming pool, deck and fence enclo- [ NOTICE IS HEREBY / sure within 75 feet of wetland ~ STATE OF NEW YORK GIVEN, pursuant to Sect on 267 [ area along West Creek. ~ation ~ oftheTown~wandtheCodeof ~ of Pro~rty: 1900 Glenn Road,~ the Town of~uthold, the follow- '~ ~uthold, NY; West Creek Es- ~OO~ lng hearings will be held by the ~ -- ., H TOWN BOARD x ta~s ~t ~o. 19; County Tax SOUT OLD __ ~ Map Parcel No. 1000-78-02-36. ff OF APPEA~ at a ~lar 8:10 p.m. Appi. No. 3655 Meeting at the Southold Town Hall, Main Read, Seuthold, New ~York, on THURSDAY, AU- GUST 20, 1987 at the following times: 7:35 p.m. Appl. No. 3602 - MARGARET McNAMARA. Variance to the Zoning Ordi- nance, Article XI, Section 100- 119.2(B) for permission to con- struct wooden deck attached to existing dwelling with an insuf- ficient ~etback from existing timber bulkhead and peconic Bay. Location of Property: 640 Takaposha Road (Private Road #15),.Seuthold, NY; County Tax Map Parcel No, 1000-87-06:10. 7:40 p.m. Appl. No. 3646 - ROBERT AND NANCY MUIR. Variances to the Zoning Ordinance, Article lIl, Section 100-31, Bulk Schedule, for per- mission to construct additions to dwelling with an insufficienl rearyard setback and insuffi- cient frontyard setback. Loca- tion of Property: Corner of Gil- lette Drive and Cleaves Point Read, East Marion, NY; County Tax Map Parcel No. 1000-38-2- 29. 7:45 p.m. Appl. No. 3643 - EUGENE PERINO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permis- sion to locate proposed dwelling with or without deck addition within 75 feet of nearest wet- lands along the shoreline of Marion Lake. Location of Prop- erty: West Side of private right- of-way known as "Truman's Path," East Marion, NY; County Tax Map Parcel No. 1000-31-12- 16. 7:50 p.m. Appl. No. 3644 - JOSEPH REINHART, FRED WIGHTMAN, and DAVID FREY. Recessed hearing from July 16, 1987 to be reconvened. 8:00 p.m. AppL No. 3647 - JOHN AND JOAN WETZEL. Variance to the Zoning Ordi- hence, Article III, Section 100- 31 and Article Xl, Section 100- 119.2, to construct additions to dwelling with reductions in the sideyard, and to construct addi- tion landward of existing dwell- ing structure 70-+ feet from the nearest wetland edge or highwa- ter mark along Eugene Creek· Location of Property: 4635 Pequash Avenue (Fleetwood Road), Cutchogue, NY; Fleet- wood Cove LoC No. 12; County Tax Map Parcel No. 1000-137- 04-006 ELLEN HOPE DeMARIA. Variance from Condition No. 1 rendered July 8, 1965 under Ap- peal No. 785, and Article III, Section 100-32, for approval of the construction of accessory storage shed in frontyard area as shown on survey prepared by Roderick VanTuyl, P.C. April 9, 1984. Location of Property: West Side of Private Road lWest View Drive), Orient, NY; County Tax Map Parcel No. 1000-13-3-3. 8:15 p.m. Appl. No. 3656 - NICHOLAS IPPOLITO. Vari- ances to the Zoning Ordinance, Article III, Section 100-31, and Article XI, Section 100-119.2, for permission to construct garage addition to dwelling with an in- sufficient southerly sideyard set- back, insufficient total sideyards, insufficient setback from bulkhead along Ar- shamomaque Pond, and exces- sive lot coverage. Location of Property: 230 Carole Read, Southold~ NY; County Tax Map Parcel No. 1000-052-02-007. 8:30 p.m. Appl. No. 3653 - NORTH ROAD AS- SOCIATES. Variance pursuant to New York Town Law, Section 280-a, for approval of access over private right-of-way extending 170 feet from the north side of Main Road. Orient, NY; County Tax Map Parcels No. 1000-18-4- 1.3 and 2. 8:40 p.m. Appl. No. 3592 - BENTE SNELLENBURG. · Hearing recessed from July 16, 1987. 8:50 p.m. Appl. No. 3654 - WILLIAM MOORE, ESQ. and BENJAMIN HERZWEIG, ESQ. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to es- tallish "building envelope" with setbacks of not less than 38 feet from nearest wetland along existing two-foot contour and not less than 30 feet from the front property line (as approved under Appl. No. 3412 June 30, 1987). Location of Property: 675 Meadow Lane, Mattituck, NY; Mattituck Estates Lot No. 42; County Tax Map Parcel No. 1000-115-5-7. The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above matters. Each hearing will not start before the time al- lotted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more info~tmation, please call 765-1809. Dated: July 27, 1987. BY ORDER OF 'l'tiz~ SOU'FHOLD TOWN BOA[~I) OF A PP*qALS said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for weeks successively, commencing on the day of Au_g_us t 19~ ? NOTICE ,iS HEREBY GIV- / dy~riance to the Zoning Or-~ EN, pursuant to Section 267 of / tance, Article XI Section ss/ the Town Law aq~l t,h~ C~:.d~ of / ~ff~O-119.2 for permission to con- the Town of Snq~hol~;. tfie~ ~'~ struct swimmingpool, deck and/' following hearin~ ~.~li ~e~hdd * i~k,. fence enclosure within 75 feet of by the SOUTHOEO TOWN "~ wetland area along West Creek. '~t at a /. Location of Property: 1900 ~/u[ ' Regular Meeting at the Southold ] Glenn Road, Southold, NY; 7uly sworn, says that she ~s the Town Hall, Main Road, ( West Creek Estates Lot No. 19; ~AND TRAVELER-WATCHMAN, Southold New York, on / County Tax Map Parcel No ~ THURSDAY~ AUGUST 20~ / 000-78-02-36 ...~. 1987~ at the following times: k.~ 8'10 pm A'ppl No 3655- ich the annexed is a printed copy, 7:35 p.m. Appl. No. 3602. ELLEN HOPE DeMARIA. d kong Island Iravele~-Watchman MARGARET McNAMARA. Variance to the Zoning Or- dinance, Article XI, Section 100-119.2(B) for permission to construct wooden deck attach- ed [o existing dwelling with an,, insufficient setback from ex- isting timber bulkhead and Peconic Bay. Location of Pro- perty: 640 Takaposha Road (Private Road No. 15), Southold, NY; County Tax Map Parcel No. 1000--87-06-10. 7:40 p.m. Appl. No. 3646- ROBERT AND NANCY MUIR. Variances to the Zoning Ordinance, Article Ill, Section 100.31, Bulk Schedule, for per- mission to construct additions to dwelling with an insufficient rearyard setback and insuffi- cient frontyard setback. Loca- tion of Property: Corner of Gillette Drive and Cleaves Point Road, East Marion, NY; Coun- ty Tax Map Parcel No./ 1000-38-2-29. 7:45 p.m. Appl. No. 3643. EUGENE PERINO Variance to the Zoning Ordinance, Arti- cle XI, Section 100-119.2 for per- mission to locate proposed dwelling with or without deck addition within 75 feet of nearest wetlands along the shoreline of Marion Lak~ Loca- tion of Property: West Side of private right-of-way known as "Truman's Path;' East Marion, NY; County Tax Map Parcel No. 1000-31-12-16. 7:50 p.m. Appl. No. 3644- JOSEPH REINHART~ FRED WIGHTMAN~ AND DAVID FREY. Recessed hearing from July 16, 1987 to be reconvened/' 8:00 p.m. Appl. No. 3647- JOHN AND JOAN WETZEI.. Variance to the Zoning Or- dinance, Article I11, Section 100-31 and Article XI, Section 100-119.2 to con~'truct additions to dwelling with reductions in the sideyard, and to construct addition landward of existing dwelling structure 70± feet from the nearest wetland edge or highwater mark along Eugene Creek. Location of Property: 4635 Pequash Avenue (Fleet- wood Road), Cutchogue, NY; Fleetwood Cove Lot No. County Tax Map Parcel No. 1000-137-0A-006. Variance from Condition No. I .~. weeks rendered July 8, 1965 under Ap- ' .................. peal No. 785, and Article 111, Section 100-32, for approval of on the ........... ;. .......... the construction of accessory storage shed in frontyard area as f shown on survey prepared byl'...., 19 . Roderick VanTuyl, P.C. April 9, ''' ~'~ 1984. Location of Property: West Side of Private Road (West :'-5~ . .: ....... ~..: ~'.../.-?:: c. "' View Drive), Orient, NY; Coun- ty Tax Map Parcel No. 1000-13-3.3. 8:15 p.m. Appl. No. 3656- NICHOLAS IPPOLITO. Variances to the Zoning Or- ' ..................... clay of dinance, Article 111, Section 100-31, and Article XI, Section 100-119.2, for permission to con- struct garage addition to dwell- ing with an insufficient souther- ly sideyard setback, insufficient total sideyards, insufficient set- back from bulkhead along Ar- shamomaque Pond, and ex- cessive lot coverage. Location of Property: 230 Carole Road,~ Southold, NY; County Tax Map Parcel No. 1~-052-02-~7. 8:30 p.m. Appl. No. 3653- NO~H ROAD ASS~IATEK Variance pursuant to N~ York Town ~w, Section 280-a, for approval of access over private right-of-way extending 170 feet from the north side of Main Road, Orient, NY; County ~x Map ~rcels No. 1~-18-4-1.3 and 2. 8:~ p.m. Appl. No. 3592- BENTE SNELLENBURG. Hearing r~essed from July 16, 1987. 8:50 p.m. Appl. No. 3654- WILLIAM MOORE, ESQ and BENJAMIN HERZWEIG, ESQ. Variance to tbe ~ning~~ Ordinance, Article XI, Section 1~-119.2 for permission to establish "building envelope" with setbacks of not less than 38 feet from nearest wetland along existing two-foot contour and not less than 30 feet from the front property line (as approv- ed under Appl. No. 3412 June 30, 1987). ~cation of Proper- ty: 675 Meadow Lane, Mat- tituck, NY; Mattituck Estates ~t No. 42; County ~x Map ~rcel No~l~:115-5-7. The Bo~d of Appeals will car at said time and place all persons or ~presentatRe~ des~r- ?rig to oe heard in ~ach of tt~e Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 IELEPHONE (516) 7651809 APPEALS BOARD MEMBERS ~ERARD P. GOEHRINGER, CHAIRMAN CHARLES GRtGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI 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 publistmd in the L.J. Trav(~ler- 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]~,~ ~ .~ G~RARD P. GOEltR~'NGER ~/ CHAIRMAN Enclosure Linda .Kowalski Secretary and Board Clerk Page 4 List of Mailing Notice of Hearings August 20, 1987 ZBA Regular Meeting Copies to: Suffolk Times L.I. Traveler-Watchman Town Clerk Bulletin Board J. Kevin McLaughlin, Esq. Mr. and Mrs. Robert Muir, Mr. and Mrs. Eugene Perino, Mr. and Mrs. John Wetzel Mr. Ferucio Frankola, P~O. Mr. Ferucio ~rankola, 901 Mrs. Ellen Hi DeMarial06 Gary Flanner Olsen, Esq. for McNamara 14 Robin Road, Dix Hills, NY 11746 132 Bayview Avenue, East Islip, NY Box 630, Southold, NY 11971 138th Place, Malba, NY 11357 Vineyard Place, Port Jefferson, for N. Ippolito Mr. and Mrs. Joseph Smulcheski, Carole Road, Southold, Patricia C. Moore, Esq. for North Road Associates Mr. Edward Linker, Box 791, Orient, NY 11957 lMrS. Joseph Snellenburg Cardinale, Esq. d Dean William D. Moore, Esq. 11730 NY 11777 NY 11971 ZBA Members by mail Individual ZBA files ZBA Office Bulletin Board Building Department Administrator Planning Board Supervisor F.J. Murphy V. Lessard JUDITH T. TERRY 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 7/10/87 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3648 , application of Ferucio Frankola 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 TOWN OF SOUTHOLD, NL~N' YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. /foe Name of Appellant Street and Number .~'~o ~'A/o4~ ..... ..~.{.~ ............... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Street and Number Municipality State PERMIT TO USE Name of Applicant for permit PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY /yoO ~'z.~/j/,/ ~--O ~F_.</~'/J-I'I4 L .................... District 1000 Section~/g BlockO~,Lot~ .,r^,. ................................................................................. Cu, :,~ Owner Map No. Lot No, Prior Owner 4'- ~'~=~/ 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 ~i Section /~ //~':~ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ('"~' A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (has not) 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 A Variance to the Zoning Ordinance is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT ~PPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDsH~II~ because 7--/~.p~' / S /,J0~Z ~/~6) c:~/¢' ~'¢¢,/_~c3.~.;= 2. The hardship created is UNIQUE and is not shared by all properties alike iri the immediate vicinity of this property and in this use district because .~/'/u ~ ,T,Z~'~,~- /,~ ~P,~ p~_~, /q~, /_,r,~p~/,z/~, /> 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~'A/ o~z- '2-.//~' STATE OF NEW YORK COUNTY OF ) Signature ........ · /...~. ~. ......................... day of ....... .~..~...~ .............................. Sworn to this ..... ...... MARY ANN CY8ULSKI qO~ARY PUBLIC State o! New York Residing m Suffolk County No 52.5895900 l~ BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter of the Petition of : to the Board of Appca~s of the Town of Sourhold : ~TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th.,.a~i~-~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a%Variance.~(Special Exception)(Special Permit) (Other) (circle Choice] 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- ~ribed as follows: £o T~ ~ l~/ ~.~/~'~' .~l,~t~- ~'~:~1~/ /-~o uS~: 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: V/~-I,~/¢-~ ~/-o /'2 o/~-0 Zo '~ ~ o' 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~! Sectic~ ~;o - ~ /~/- ~-- [ ] Section 280-A, New York Town Law for approval of access over 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 Southo[d, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the'date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: O~ne~s ' Nsmes: ,, Post Office Addr~s NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 921 20~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) ~ ~ ~ ~ u 7,~ ~ , being duly sworn, deposes and says that on the /0 ~day of ~ ~ / ~ ,19 ~ 7 , deponent mailed a true copy of the Notice set ~orth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite the, r 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 roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~ o ~ ~o ~ ~ ~ ; tha~ said Notices were mailed lo each of said persons by (certified) (registered) mail. Sworn to before me this / ~ day of ~/~-~ L ~ ,19 ~ ~otar¥ eub~.: MARY ANN CYBULSKI ~01ARY PUBLIC State 0! New Y0r~ ~mm,~u, ~ ~1 ~, 1~~ (This side does not have to be completed on form transmitted to adjoining property owners.) .1 NST~UCTIOI~S ~ ~roparcr will u~ c~rr~ntly ~vailablo info~n'~tlon ~onc~rnln~ tho project and tho ~Oly ~aCt~ Oi ~ho action, I~ Is no~ uxp~c~ud that addltl(,n,~l ;~udloe, rocoarch o~hor ~nvosni~a~lon~ ~ bo ~dortakon, (b) ~f any question hao boon ~no~or~,d Y,~:~ tim project r~y L~ :,ian!flcon~ and a cc~plotod ~nvlro~ental Rs~o~smont FOI~ i~ neccusa~7. (C) 2~ all quootion~ hero been answered ~lgnifican~, (d) ~qvt ron~cntnl ~1 project roo~: ~n a la~go physical cl~mgo to the project oit~ or physically nl~er than 10 acre~ of ~and? · · . . · . . ~111 thoro bo a ~Jor chan&o to aw/ unique or unusual land fo~ found on tho site? · * ~. ~1 project alter or h~vo a lar~;o uff.c~ on an oxi~:ln~ body of ~at~r? , .... * · ~. W~i proJec~ havo a potontta11~ lnrgo impacb on grey,water quaZl~y? ' ' · · .... · . ~, W~i proJec~ oi~iflcantly, off~c% dralna~o fl~,~ 6. Will proJec~ affoct any tl~oa~unmt -plant or animal apec~eo? . . , ..... 7. W~i proJo~% res~t in a ~raJor air quali%77 8. W~I proJec~ havo'a major efface c,n vi:ma1 char.- kaolin to bo L~portan~ %o tho co)nmunit7? * * · ~. Will pro~ec~ advorsoly impact an7 UFO of hlo:orlc~ pro-historic, or tmluoncoloElcal importance or any site daaignatnd n:~ a critical onvlronmon~l ar0m by a local a~uncy? . · . .,. 10. W~i project haw a ~Jor o~foct on future rocr~acional opport~nitiou7 . 11. Will proJoct.reo~lt' in ~Jor tr:~l'lc 12, ¥~ill ~roJec~ regularly c~u:;e ~bJectl~mable ador?:, 13. Will proJoc~ have any b~pact on charaCLC~ of tho CO~t~lHllit~ 5~' nel,~h~,urhoc(l ~UESTIONNA[RE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORNS TO THE BOARD OF /~PPEALS 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 ~ 2.a) Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by *b) ~n Code, Ch. 97 for your reference.) there any areas open to a waterway without bulkhead? 2. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes ~ 4. Are there any existing or proposed fences, concrete barriers, decks, etc? Yes If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes (~ If project is proposed for principal building or structure, is total height at more than 35 feet above ~ average ground level? State total: ft. Yes Are there other premises under your ownership abutting (~o 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)? Yes (~ State Permit # and Nature: 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 Ne Town Board Yes Na Town Trustees f~v~ ~~ Y~$ No County Health Department Yes Na Village' of Greenport Yes No N.Y.S.D.E.C. /~0/~ ye~s No Other Yes ND 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 a~ eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under ~Ye~ N~ the requirements of Ch. 97 of the Town Code? 13. Please list present use or operations conducted upon the subject prgperty at this time ~~x~ and proposed · Please submit photographs for t'he record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application. Signature (PFoperCy Owner) (Au:horized~gent) § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with. or which border on, tidal waters, or'lands lying beneath tidal waters, which at mean Iow tide are covered by tidal water~ to a maximum depth of five (5) feet, including but not limited to banks, bogs. salt marsh, swamps, meadows, tiara or other Iow lying lands subject to tidal action; (2) All banks, bogs. meadows, fiats ami tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay. black grass, saltwort~, sca lavender, toll cordgrass, high bush. cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection Al2) and lying within seven- ty-five (75) feet hmdward of the m~,st landward edge of such a tidal wetlaml. FRESIIWATER WETLANDS: (i) "Freshwater wetlamts" as defined in Article 2.1. Ti- tle i, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Enviromnent:d Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) am] lying with- in seventy-five (75) feet landward of tho most land- ward edge of a "fl'eshwater wetlaod." 9705