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Home My WebLink About3639 Southold Town Board o£Appeals I~AIN ROAD- STATE ROAD 2.5 SOUTHOL. D, L.I.. N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3639 Application Dated May 2], ]987 TO: Mr. John Geideman, P.L.$. for MR~ AND MRS. WILHELM P.O. Bo~ East Marion, NY 11939 FRANKEN [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on Jul~_27~ 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 Varianc~ to the Zoning Ordinance Article III , Section ]00-32 and Article XI , Section 100-119.2 [ ] Request for Application for WILHELM FRANKEN for Variances to the Zoning Ordinance, Article III, Section 100-32 and Article XI, Section 100-119.2, for permission to locate 25' by 25' accessory building in sideyard area and with insufficient setback from existing bulk- head along Gull Pond Inlet. Location of Property: West Side of Osprey Nest Road, Greenport, NY; Cleaves Point Subdivision Section I, Map 2752, Subdivision Lots 14 and 15; County Tax Map District 1000, Section 35, Block 6, Lots 22, 23 and 24 (now 24.1). WHEREAS, a public hearing was held and concluded on July 1987 in the Matter of the Application of WILHELM FRANKEN under Appeal No. 3639; and 16, 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 familiar with the premises in question, and the surrounding areas; and personally viewed and its present zoning, are WHEREAS, the Board made the following findings of fact: 1. By this application, appellant requests Variances from the Provisions of the Zoning Code for permission to locate a 25' k 25' accessory (storage) building, at a point not closer than 18 feet from the front property line along Osprey Nest Road and not less than 56 feet from the bulkhead at its closest point, all as shown on sketched plan dated April 28, 1987, prepared by J.H. Geideman. 2. The premises in question contains a total lot area of 29,200± sq. ft., is referred to on the Cleaves Point Properties September 10, 1957 Map No. 2752 as Lots 14, 15 and a strip of 25, and is improved with a single-family dwelling set back 35 feet at its closest point to the front property line and 32 feet from the nearest bulkhead. The subject premises is more particularly known on the Suffolk County Tax Maps as District 1000, Section 35, Block 6, Lot 24. ~NUED ON PAGE TWO) ~u~ '27, 1987. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3639 Matter of WILHELM FRANKEN Decision Rendered July 27, 1987 3. Article XI, Section 100-119.2 requires all buildings and structures to be set back not less than seventy-five (75) feet from a tidal water body, tidal wetland edge, or freshwater wetland. 4. Article III, Section 100-32 requires accessory build- ings to be located only in the rearyard area. 5. It is the opinion of the Board that the construction of an accessory storage building in any yard area upon this parcel will require variances, and the location chosen by this applicatipn is the most feasible, provided it is placed as applied. 6. It is also the opinion of the Board that: (a) appellants request is not unreasonable and the circumstances of the property lend to the difficulties; safety, town; (b) the variance will not in turn be adverse to the health, welfare, comfort, convenience or order of the (c) the relief requested is not substantial in relation to the requirements; (d) there is no other method feasible for appellant to pursue other than a variance; (e) there will be no detriment to adjoining properties; (f) in view of all the above factors, the interests of justice will be served by granting the variances as applied. Accordingly, Mr. Sawicki, it was on motion by Mr. Goehringer, seconded by RESOLVED, to GRANT the relief requested under Appeal No. 3639 in the Matter of the Application for WILHELM FRANKEN to construct 25' by 25' accessory (storage) building, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Setbacks to be not closer than 18 feet to the front property line along Osprey Nest Road and not closer than 56 feet to the bulkhead, at its closest points, as applied; 2. Accessory building shall be used for storage purposes incidential to the residential use of this property, not to be operated for gain; 3. Accessory building shall not exceed height from grade to ridge of 12 feet; 4. No plumbing facilities (except for outside hose connections), and no sleeping or living area. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. GE RA-RD P. ~0 E~gR,I'NGER, July 30, 1987 AND FILED OUTHOLD TOWN NOTICE OF HEARINGS NOTICE HEREBY GIVEN, Law and the Co~e of the Town will be held bI the SOUTHOL~ Meeting at the~Southold Town York, on THURSDAY, JULY 16, pursuant to Section 267 of the Town of Southold, the following hearings TOWN BOARD OF APPEALS at a Regular Hall, Main Road, Southold, New 1987 at the following times: 7:35 p.m. Appl. No. 3581 ~ GEORGE D. DAMIEN. Variances to the Zoning-Ordinance, Article~III, Section 100-31, and Bulk Schedule, for approval of insufficient area, width and depth of two parcels in this pending set-off division of land located at the Corners of Jackson, Fifth and Main Streets, New Suffolk, NY; County Tax Map District 1000, Section 17, Block 9, Lot 12, containing a total area of 28,919± sq. ft. /~ 7:40 p.m the Zoning Ordi Sec~ion~lOO~ll~ building in sid existing bulkhe West Side of Os Subdivision Sec County Tax Map and 24 (now 24 7:45 p.m the Zoning Ord permission to e Residential and Property: Nort ~a~ District 10 453589± sq. ft. 7:50 p.m. Zoning Ordinanc to establish an use in this "A" Appl. No. 3639 - WILHELM FRANKEN. Variance to ~ance~ Article III, Section 100-32, and ~rtiele X~, .2,~'for ~6~mission to locate 25' by 25' accessory eyard area and with insufficient setback from ad along Gull Pond Inlet. Location of Property: prey Nest Road,.Greenport, NY~ Cleaves Point tio'n I, Map 2752, Subdivision Lots 14 and 15; District 1000, Section 35, Block 6, Lots 22, 23 ). Appl. No. 3635 ARTHUR V. JUNGE. Variance to ance, Article III, Section lO0-30(A) for ;tablish electrical shop use in this "A-40" Agricultural Zoning District. Location of Side of C.R. 48, Cutchogue, NY; County Tax )0, Section 96, Block 1, Lot 19, containing in lot area. Appl. No. 3631 PUDGE CORP. Variance to the ~, Article III, Section lO0-30(A) for permission J construct 7500 sq. ft. building for industrial Residential and Agricultural Zoning District. Location of Pro)erty: North Side of C.R. 48, Cutchogue, NY; County Tax Map pistrict 1000, Section 96, Block 1, Lot 20, containing 39,5~4± sq. ft. in lot area. Page 2 Notic Southold Town Regular Meetin 7:55 p.m from June 18, of Hearings oard of Appeals - July 16~ 1987 Appl. No. 3638 JAMES AND MARY TYLER (continued 987). Special Exception modifying Appl. No. 3400 to permit vehi,:le doors to face street side as constructed. Location of Pr~perty: 6795 Main Road, Laurel, NY; Mattituck Holding Co. Mi ~or Subdivision Lot #3; County Tax Map District 1000, Section 125, Block l~ Lot 19.6. 8:00 p.m. Appl. No. 3642 DINA MASSO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 to construct accessory boathouse structure with deck at the foot of the bluff, and decN and new stairs alon9 and at top of bluff areas, all landward o~ existing wood bulkhead along Peconic Bay, premises known as 5705 Nassau Point Road, Cutchogue, NY; L6t 39, Amended Map A ~f Nassau Point Filed August 16, 1922; County Tax Map Distri~ 1000, Section ltl, Block 13, Lot 04. 8:05 p.m Appl. No. 3644 FREDERICK WIGHTMAN/DAV1D FREY/ JOSEPH REINHAR1. Variance to the Zoning Ordinance, Article III, Section IO0-301A), Article XI, Section lO0-118(E) for establishment of business uses, and/or interpretation, to permit the followin§ activities: r(tail sales and storage, business office, professional office, governmental office, contractor office, personal-service store or shop, as described for the "B-Light Business" Zoning District, Section 100-60(A)[2],[4],[8] inclusively, in conjunction with existing single-family dwelling unit on second-floor having a livable floor area of 900 sq. ft. Zone District: "A-40." Location of Property: North Side of Main Road, Peconic, NY; County Tax Map }istrict 1000, Section 75, Block l, Lot 16, con- taining 1.0194 acres. 8:20 p.m. Variance to the for permission existing cons~r along Eugene's County Tax Map 8:35 p.m. Variance to the for permission attached deck a of 28 feet (exc Appl. No. 3645 PAUL AND CHARLOTTE GALGAN. Zoning Ordinance, Article XI, Section 100-119.2 ~o construct additions to dwelling landward of uction and within 75 feet of existing bulkhead Creek~ 4605 Stillwater Avenue, Cutchogue, NY~ District 1000, Section 137, Block 03, Lot 05. Appl. No. 3496 FREDERICK KOEHLER~ JR. Zoning Ordinance, Article XI, Section 100-119.2 ~o construct 38' by 16' beach pavillon and reas extending a length of 124± feet and width usive of stairs), accessory and ~ncidental to Page 3 - Notic( Southold Town Regular Meetin of Hearings ~ard of Appeals July 16, 1987 the establishe single-family residential use of the premisess not To ~e operated for sleeping or habitable purposes and not operated for gain, withi 75 feet of ordinary highwater mark and/or landward edge of tidal w~tland~ along ~econic Bays 575 Old Harbor Road, New Suffolk, NY County Tax Map District 1000, Section 117, Block 03, Lot 06. 8:40 p.m. Appl. No. 3592 BENTE SNELLENBURG (Continued from April 20, 9871~as requested). Variances to the Zoning Ordinance, Artiiles: (1) XI, Section IO0]ll9.1(B) for approval of eight-foot h_iQht of fencing along the easterly property line a length of 72± feet; (2) XII, Section lO0-141s Appealing ~he November 6, 1986 Order to Remedy Violation which mandates a building permit for new fencing along the easterly property line. Location of Property: Private right-of-way extending off the east side of South Harbor Road (known as Private Road No. 10, or Old Woods Path), Southold, NY; County Tax Map District 1000, Section 87, Block 2, Lot 21. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters. Each hearing wilt not s~ar~ before the time allotted. Written comments may be submitted prior to the conclusion of the subject hearing. For more informations please call 765~1809. 3ated: June 30 Notice to News~ and forward two ~ain Road, Sour Thank you. 765 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalskis Board Secretary 3ers: Please publish once, to wit: JULY 9TH, 1987 affidavits of publication to: Board--~f Appeals, ~old, NY l1971,(on or before July 14th). 1809. FORM NO. 3 ,..~d TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD. N.Y. NOTICE OF DISAPPROVAL PLEASE TA~ for permit to consl Location of Propel County Tax Map Subdivision ................. Filed Map No ................. Lot No .................. ,s returned herewitlI ~nd disapproved on tile following grounds .O..~ff4., .~..~ ./.o",~..-..~ ..~. Building Inspector APPEAL FROM TO THE ZONIN( 1. (We)..~./.~..~...q ................ THE ZONING BO, APPLICATION FO WHEREBY THE of ~X) PERMIT T( PERMIT FOI ~L~,~ C~ 1. LOCATION 0 District 1000 Mop No. TOWN OF. $OUTHOLD, NEW YORK ~CISION OF BUILDING INSPECTOR APPEAl NO. DATE .............................. BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ............................................ of ......................... r.~,..~. ~ .~,%¥..~....: ...................... ame of Appellant Street and Number ~'q"~'"'~:' .......................................................... ~-; ........HEREBY APPEAL TO Municipality State P,D OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON T ~7~/' ~ J/ ~ PERMIT NO ..................................... DA ED ......... ./~'....~./......7, ........................ JILDING INSPECTOR DENIED TO Name of Applicant for permit ,-// /vT r/ ......................... ................. Street and Number Municipality State USE OCCUPANCY THE PROPERTY ............. Lot No. Prior Owner 2. PROVISION (SI 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 /~ ~ -3 ~- 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (:/?i A VARIANCi ( ) A VARIANC Art. 16 Sec. () 4 PREVIOUS APl of the Building InsF Such appeal was ( ( and was made in A: REASON FO ( ) A Variance tc (/X) A Variance ~ ) s requested for the / ]~orrn ZB1 to the Zoning Ordinance or Zoning Map due to lack of access (State of New York Town Law £hap. 62 Cons. Laws 280A Subsection 3 EAL A previous appeal (I~) (has not) been made with respect to this decision actor or with respect to this property. request for a special permit request for a variance ~ec No ................................ Dated ................................................ APPEAL Section 280A Subsection 3 the Zoning Ordinance easonthat <~/~',/O~ ~;J-/~/' ~',,~v~/ ~X'/~'FL,'~' (Continue on other side) REASON FOR APPEAL Con:~inued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sari HARDSHIP because ~7E' 1 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate vic,nity of this property aha in this use district because ~7Z~.~,//~ ~7¢' //~_p,/~ ~_c~ 3 C-~ARACTER OF THE DISTRICT because b ,z hZ- The Yanance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK COUNTY O[ SS Sworn tc this Signature .......... ............ ~. _I..~.~ZT]. ............ day of .............. Notary Public EUZASETH ANN NEVILLE . .Nota_r~ _Public. S~ate of New York TOWN OF SOUTHOLD RE4 OWNER FORMER OWNER S VILLAGE RES. ~_//.) SEAS, Vk ,- qND IMP. TOTAL FARM COMM. DATE REMARKS ORD ( DISTRICT SUB. ACREAGE :ARD TYPE OF BUILDING I CB. MISC. [ Est. Mkt. Value NEW Farm Tillable !able 2 q ,dable 3 Woodland Swampland Brushland House Plot Total NORMAL BELOW Value Per Acre Ac re ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD ! Box 4/6 E./v~R NEW YORK - N.Y. State Lic. L?d Surveyor. TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, JULY 16, 1987 Appl. No. 3639 Applicant(s): WILHELM FRANKEN Location of Property: W/s Osprey Nest Road, Greenport County Tax_Map ID No. 1000- 35 ~ 6 22, 23, 24 (now 24.1) Board Members'present were: Chairman Goehringer P. Goehringer, Members Serge Doyen, Jr., Charles Gri9onis, Robert J. Douglass and Joseph H. Sawicki. Also present: Mr. Lessard (Building Dept). Absent was: (None) The Chairman opened the hearing at 7:58 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the subdivision map of the area, copy of a sketch of a survey dated 4/28/87 indicating a proposed accessory building approximately 15 feet south of the residence and 13 feet from Osprey Nest Road at its closest point, at its farthest point approximately 40 feet which is the rear of that part of the accessory building. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody that would like to be heard? JOHN GEIDEMAN: Mr. Franken is unable to be here tonight. I'm John Geideman if there are any questions, I'd like to help you. CHAIRMAN: Is there any reason why you didn't push this down a little bit farther to the bulkhead? MR. GEIDEMAN: Well only to be well within the restrictions the D.E.C. who suggested that we not go any closer to the bulkhead than is necessary. of CHAIRMAN: Do you know exactly what the footage was on that? MR. GEIDEMAN: Fifty-six feet. CHAIRMAN: Is that approximately where you're putting this. Yes, I see. Because it's a rather oddly shaped piece of property. I missed that on the. Original. Are you aware Mr. Geideman of the conditions normally placed on buildings of this nature? MR. GEIDEMAN: With the restrictions on front of building and rear of building? CHAIRMAN: No. The restrictions that the building only be Page 2 - ZBA Public Hearing Matter of WILHELM FRANKEN July 16, 1987 Regular Meeting CHAIRMAN (continued): used for storage purposes and not for habitable purposes or bunk quarters? MR. GEIDEMAN: Yes. CHAIRMAN: It is a one-story building? MR. GEIDEMAN: One-story with a gable roof and no ceiling inside, just storage area, _ CHAIRMAN: What would be the maximum height of the structure from ground level? ~ MR. GEIDEMAN: Eight and four. About 13 feet. CHAIRMAN: And we also ask that there be no lighting placed, all lighting to be shielded to the property, not to cause any disruption to either the road or surrounding neighbors. That's another restriction we usually place on there and we usually ask the question if there will be electricity or any type of' heating placed in the structure? MR. GEIDEMAN: Only for lighting. CHAIRMAN: Only for lighting. MR. GEIDEMAN: No water or drainage. CHAIRMAN: And it will probably have a cement floor? MR. GEIDEMAN: Concrete slab. CHAIRMAN: We thank you very much. Let's see what develops throughout the hearing. I may have another question for you. MR. GEIDEMAN: Thank you. CHAIRMAN: Is there anybody else that would like to speak in favor of this application? Anybody against the application? Questions from Board Members? (None) I thank you for coming in. I'll close the hearing now. MEMBER DOUGLASS: Seconded. The hearing was declared concluded at 8:04 p.m. Vote of the Board: Ayes: All. ~inda F. Kowal~ki, Board Secretary and Stenographer DEPARTMENT OF PLANNING COUNTY OF SUFFOLK Nichael A. LoGrande SUFFOLK COUNTY ~X~CUTIV~ 360-5206 August 14, 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) ~Mr. & Mrs. Wilhelm Franken Mr. & Mrs. Paul Galgan 3639 3645 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11~71 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×× Variance from the Zoning Code, ArticleziI , Section100_32 and Article XI,~Sect~o~.~O0-119.2 Variance from Determination of Southold /own ~ulialng ~nspector Special Exception, Article , Section Special Permit Appeal No.: 3639 Applicant: Mr. and Mrs. Wilhelm Franken Location of Affected Land: Osprey Nest Road, Greenport, NY County Tax Map Item No.: 1000-35-6-24.1 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Lan Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to locate accessory build- ina i~ sidevard area w~th ~n~,~~ o~k~. ~ ...... ~-- bu-!>~=~ ....... along Gull Pond Inlet Copies of Town file and Dated: August 4, 1987 related documenCs enclosed for your revi,~w. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y, 11cJ'71 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON[S, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWIC½1 July 30, 1987 Mr. John Geideman P.O. Box 416 East Marion, NY 11939 Re: Appeal No. 3639 - Wilhelm Franken (Variances) Dear Mr. Geideman: 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 issuance of any permits or other be applicable. the Building Department for approvals in writing as may 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 Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Commission 516-477~, JOHN H. GEIDEMAN Consulting Engineer Q'vil-Industn'al-Marine P.O. Box 416 East Marion, New York 11939 BOARD OF TOWN TRUSTEES TOWN OF SOUI'HOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 APPL I CATI ON NO. DATE OF APPL I CAT!ON _ SIZE OF PROPOSED WORK LENGTH WIDTH YARDS TO BE EXCAVATED_____/V/~ YARDS TO BE FILLED WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY_____~ '~ DISTANCE TO THE NEAREST CHANNEL__~ .... FT. DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS iN THE AREA IS THIS FOR PRIVATE OR BUSINESS USE? DESCRIBE ANY KNOWN PRIOR OPERATIONS CONDUCTED ON THE PREMISE AND WHETHER ANY PRIOR LICENSE OR PERMITS HAVE BEEN ISSUED TO ERRECT STRUCTURES OR TO DREDGE OR DEPOSIT FILL ON SAID PREMISES AND WHETHER ANY PERMITS OR LICENSES WERE EVER SUSPENDED OR REVOKED BY A GOVERNME AGENCY ........ ...... DESCRISE FULLY THE REHABILITATION AND PROPOSED CONDITION OF THE PREMISES AFTER THE WORK IS COMPLETED INCLUDE AN ADDITIONAL SURVEy THE PROJECT SITE IF NECESSARy OF WRITTEN CONSENT OF THE OWNER OF THE PROPERTY, IF NOT THE SAME AS THE APPLICANT. THERE ANY COVENANTS OR RESTRiCTiO}.~S IN YOUR DEED THAT WOULD -,O,tIo_T THIS PROJECT? ~-~ BOARD OF TOWN TRUSTEES -- - TOWN OF SOUTHOLD SHORT ENVIRONB'i,':M'i'AL ASSESSr~ENT FOR~/I Project Information (To be completed by Applicant or Project sponsor} ~New [] Expansion [] Modification/alteration mvoi~e~j~ermlt/,pproval, or lundi~ no .... it~mately. ~,~ a~ other governmen~gency (Federal. state or local)/ ~Yes ~ No I~ list agenc~s} and permit/appro~ls yes. [] Yes ~ No II yes, list agency name and permit/approval type · PARTII EnvJronmenta[ Assessment (To be completed by Agency] PARTIII Determination of Significance (To be Completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial large, important or et $igndicant. Each effect should be assessed in connection with its fa) setting (i.e. urban or rural); (b) probability of oc (c) duration; (d] irreversibility; (e) geographic scope; and (f) magnitude. If necessary, ,add attachments or reference sup materials. Ensure that explanations conic, in sufficient detail to show that ali relevant gdverse impacts have been id, and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts ~ hi'ch .~,IAY occu proceed directly to the FULL/LONG FOR,~-t EAF arM/or prepare a positive declaration. [] Check this bo:< if you have determined, based on the inform;ltion and analvsis above and any supportJn§ docume~ ti~at the proposed action WILL NOT result in any si~',mficant ,adverse environmental impacts ¢\ND provide here, COUNTY OF SUFFOLK ) STATE OF NEW YORK )SS: BEING DULY SWOP~I DEPO: AND SAYS THAT HE iS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS, AND THAT ALL STATEMENTS CONTAI NED HERE I N ARE TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF~ THAT THE WORK WILl. BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD. THE APPL I CANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT, IF GRANTED. in cgmpleting this applicatio~__I hereb~auth~r~:e the Trustees, agenn or representative to e~e~ o~o ~--~roperty to inspect the premises in conjunction with ~e~i~[ication. ,9 UNDA J. COOPER No. 4822563, Suffolk County Term Expires December 31, 19 EXAMINED APPROVED "WETLANDS" PERMIT (CHAPTER 97) APPROVED "BOAT,DOCKS, WHARVES" PERMIT (CHAPTER 32) DISAPPROVED DISAPPROVED CONDITIONS, (CHAPTER 32) EXAMINING BODY SIGNATURE OF CHAIRMAN CO,'dPUTAT I ON OF FEES ~ Df9 £ 4 FORM NO. 3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TO~,'O4 CLERK'S OFFICE SOUTItOLD, N.Y. NOTICE OF DISAPPROVAL File No 19 .~...7... To . . .v= ........ ..~..~...r...'hq. ~.. o.-.q.... J.O..~. ?1. PLEASE TAKE NOTICE that your application dated .... .~. ~ .}. ~ ......... 19. ~. 7. for permit to construc't . .~.. g.~ ~. ~N..~. ~ .~ ........ Location ecl roperty ~. ~.~...~ ~.~ .~.~ ........ g~-~ ~ ......... House No. ~ ~ Street ~ Hamlet County Tax Map No. 1000 Section ..-...~... Block .... ~ ...... Lot' .~. ~.~.,. J. Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disat,provcd on the following grounds .0.,~3,.~..~22'..t~e..?',,64%s. ~ ~.~.~ Building [llsp0ctor GUL~ COUNTY OF SUFFOLK Property Tax Service Agency I0.. OF SOUTHOLD O35 PROPERTY MAP 516-477-2421 JOHN H. GEIDEMAN Consul'dn9 Engineer Civil-I ndustriaI-Marine Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD July 16, 1987 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .JR. S · E . Q . R . A . SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLAI~ATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3639 PROJECT NAME: WILHELM FRANKEN 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 departraent or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: ~ Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Locate 25' x 25' accessory building in sideyard with insufficient setback from existing bulkhead along Gull Pond Inlet LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Osprey Nest Road, Greenport, NY 1000-35-6-22,23,24 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 Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. (3) Information has been submitted by applicant or his agent indicating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands. mc APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKt Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 June l, 1987 Mr. John H. Geideman Box 416 East Marion, NY 11939 Re: Appeal No. 3639 - Wilhelm Franken (Accessory Garage Variance) Dear Mr. Geideman: This letter will acknowledge receipt of your recent applica- tion. The Members of the Board of Appeals will be conducting field inspections and environmental reviews as may be required by State and Local Laws prior to their scheduling your application for public hearing.* Although the earliest available date for public hearing at this time is on or about early July , written confirmation will be sent to you within the next couple of weeks. A copy of the legal notice of hearings will be sent to you prior to publication in the Suffolk Times and L.I, Traveler-Watchman by our office. Please feel free to call if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski *Please confirm the exact setback from the closest point of the proposed accessory building to the existing bulkhead and furnish one sketch of a building/floor plan of accessory building under consideration. Thank you. Legal Notices NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Low and the Cede of the Town of Southold, the follow- lng hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Seuthold, New York, on THURSDAY, JULY 16, 1987 at the following times: 7:35 p.m. AppL No. 3581 - GEORGE D. DAMIEN. Vari- ances to the Zoning Ordinance, Article III, Section 100-31, and Bulk Schedule, for approval of insufficient area, width and depth of two parcels in this pend- ing set-off division of land 1o~ cated at the Corners of Jackson, Fifth and Main Streets, New Suffolk, NY; County Tax Map District 1000, Section 17, Block 9, Lot 12, containing a total area of 28,919± sq. ft. 7:40 p.m. Appl. No. 3639 -'% FRANKEN. Vari- ance to the Zoning Ordinance, Article III, Section 100-32, and Article XI, Section 100-119.2, for permission to locate 25' by 25' accessory building in sideyard area and with insufficient set- back from existing bulkhead along Gull Pond Inlet. Location of Property: West Side of Osprey Nest Read, Greenport, NY; Cleaves Point Subdivision Sec- tion I, Map 2752, Subdivision Lots 14 and 15; County Tax Map District 1000, Section 35, Block 6, Lots 22, 23 and 24 (now 24.1). %1~:45 p.m. Appl. No 3635 - UR V. JUNGE. Variance to the Zoning Ordinance, Article III, Section 100-30(A) for per- mission to establish electrical shop use in thisj~{~0" Residen- tial and Agrid~{ral Zoning District. Location of Property: North Side of C.R. 48, Cutch- ogue, NY; County Tax Map Dis- trict 1000, Section 96, Block 1, Lot 19, containing 45,589+ sq. ft. in lot area. 7:50 p.m. Appl. No. 3631 - PUDGE CORP. Variance to the Zoning Ordinance, Article III, Section 100-30(A) for per- mission to establish and con- struct 7500 sq. ft. building for in- dustrial use in this "A" Residen- tial and Agricultural Zoning District. Location of Property: North Side of C.R. 48, Cutch- ogue, NY; County Tax Map Dis- trict 1000, Section 96, Block 1, Lot 20, containing 39,524+ sq. ft. in lot area. 7:55 p.m. Appl. No. 3638 - JAMES AND MARY TYLER (continued from June 18, 1987). Special Exception modifying Appl. No. 3400 to permit vehicle doors to face street side as con- structod. Location of Property: 6795 Main Road, Lauret, NY; Mattituck Holding Co. Minor Subdivision LOt #3; County Tax Map District 1000, Section 125, Block 1, Lot 19.6. 8:00 p.m. Appl. No. 3642 - DINA MASSO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 to construct accessory b~athouse structure with d~ck at the foot of the bluff, and deck and new stairs along and at top of bluff areas, all landward of existing wood bul- khead along Peconic Bay, prem- ises known as 5705 Nassau Point Read, Cutchogue, NY; Lot 39, Amended Map A of Nassau Point Filed August 16, 1922; County Tax Map District 1000, Section 111, Block 13, Lot 04. 8:05 p.m. Appl. No. 3644 - FREDERICK WIGHTM DAVID FREY/JOstpANi~ REINHART. Variance to th~" Zoning Ordinance, Article III, Section 100-30(A), Article XI, Section 100-118(E) for establish- ment of business uses, and/or in- terpretation, to permit the fol- lowing activities: retail sales and storage, business office, pro- fessional office, governmental office, contractor office, per- sonal-service store or shop, as described for the "B-Light Busi- ness'' Zoning District, Section 100-60(A)[2|, [4], [8) inclusively, in conjunction with existing single-family dwelling unit on second-floor having a livable floor area ofg00 sq. ft. Zone Dis- trict: "A-40." Location of Prop- erty: North Side of Main Read, Peconic, NY; County Tax Map District 1000, Section 75, Block 1, Lot 16, containing 1.0194 acres. 8:20 p.m. Appl. No. 3645 - PAUL AND CHARLOTr{~ GALGAN. Variance to the Zon- ing Ordinance, Article XI, Sec- tion 100-119.2 for permission to construct additions to dwelling landward of existing construc- tion and within 75 feet of exist- ing bulkhead along Eugene's Creek, 4605 Stillwator Avenue, Cutchogue, NY; County Tax Map District 1000, Section 137, Block 03, Lot 05. 8:35 p.m. Appl. No. 3496 - FREDERICK KOEHLER, JR. Variance to the Zoning Ordi- nance, Article XI, Section 100- 119.2 for permission to construct 38' by 16' beach pavilion and at- tached deck areas extending a length of 124-+ feet and width of 25 feet (exclusive of stairs), ac- cessory and incidental to the tabBshed single-family residen- tial use of the premises, not to be operated for sleeping or habit- able purposes and not operated for gain, within 75 feet of ordi- nary highwater mark and/or landward edge of tidal wetland, along Peconic Bay, 575 Old Har- ber Read, New Suffolk, NY; County Tax Map District 1000, Seaction 117, Block 03, Lot 06. 8:40 p.m. Appl. No. 3592 - BENTE SNELLENBURG (Continued from April 20, 1987 as requested). Variances to the Zoning Ordinance, Articles: (1) XI, Sect/on 100-119.1(B) for ap- proval of eight-foot height of fencing along the easterly prop- erty line.a length of 72+- feet; (2) XII, Section 100-141, Appeal- ing the November 6, 1986 Order to Remedy Violation which man- dates a building permit for new fencing along the easterly prop- erty line. Location of Property: Private right-of-way extending off the east side of South Harbor Road (known as Private Road No. 10, or Old Woods Path), Seuthold, NY; County Tax Map District 1000, Section 87, Block 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- lo, ted. Written comments may ~submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: June 30, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Ltada Kowalski, Board Secretary 1TJyg-5658 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 be held by the SOUTHOLD TOWN BOARD OF APPEALS at a l~ular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAYt JULY 16, 1987, at the following times: 7:35 p.m. Appl. No. 3581- GEORGE D. DAMIEN. Variances to the Zoning Or- dinance, Article 111, Section 100-31, and Bulk Schedule, for approval of insufficient area, width and depth of two parcels in this pending set-off division of land located at the Corners of Jackson, Fifth and Main Streets, New Suffolk, NY; County 'Pax Map District 1000, Section 17, Block 9, Lot 12 con- mining a total area of 28,919+ sq. ft. ~ 7:40 p.m. Appl. No. 3639- WILHELM FRANKEN. Variance to the Zoning Or- dinance, Article 111, Section 100-32, and Article XI, SeCtion 100-I19~.2, for permission to locate 25 ' by 25' accessory building in sideyard area and with insufficient setback from { existing bulkhead along Gull Pond Inlet. Location of Proper- ty: West Side of Osprey Nest Road, Greenport, NY; Cleaves Point Subdivision Section 1, Map 2752, Subdivision Lots 14 and 15; County ~Pax Map District 1000, Section 35, Block 6, Lots 22, 23, and 24 (now 24.1). ' No 3635 .~ 7:45 p,m. a, pp~. . 363~.,,- ,~RTHUR V. JUNGE. to the Zoning Ordinance, Arti- cle 111, Section 100-30 (A) for permission to establish electrical shop use in this "A-40" Residen- tial and Agricultural Zoning District. Location of Property: North Side of CR 48, Cut- chogue, NY; County Ta~ Map District 1000, Section ~6, Block I, Lot 19, containing 7:50 ~.m. Appk NO:. 9631- PUDGE CORP. Variance to the Zoning Ordinance, Article Section 100-30(A) for Petrol? sion to establish and construct 7500 sq. ft. buildin~ for in- dustrial use in this "A" ReSiden- tial and Agricultural Zoning District. LoCation o1~ PrOperty: North Side of CI~ 48, Cut- chogue, NY; County lhx Map' District 1000, Section 96, Block I, Lot 20, containing 39,524~_ sq. ft.' in lot area. p.m. Appl. No. 3638- ' TYLER COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for. ...................... ?... weeks successively, commencing on the ............ Sworn to before me this ..................... day of ........ ......... Notary Public BARBARA FORBES Notary Put)lie, State of New York No. 4806846 Q~alified in Suffolk County Commission Explres~ ~/ 19 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oi the Petition of to the Board of Appeals of the Town of Southold : TO~. NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: I. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~(Special Exception) (Special Permit) (Other) [c±rcle 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 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: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article .7'~/' Sectic~ /~- ,.~ ~, [ ] Section ;?80-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the 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. Dated: Petitioner Owners ' Names: Post Office Address P 418 444~42 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ,~/~/ /V'. / / ~ '~ ~ , bein8 duly swol/n, de'poses and says that on the of , lg ...~, deponent mailed a true copy of the Notice set forth on the re- verse side he~eof, directed to each of the--':tbove 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- fice at c~ '~J?~.-~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to be/fDre me this ,~/~ day of V Notary Pu bloc MARY ANN CYBULSKI NOTARY PUBLIC, State el New Ye~k Remdlnl m Suffolk COlmbJ No 52-5895600 .~ (This side does not have to be completed on form transmitted to adjoining property owners.) SNORT ,£NV1RO1U~iE~'{TAL [~llSTRUC?'ION$~ (a) Xn order to answer the questions in thts short EAF ia is annum, od that the ~roparer will us~ c~rrontly available ~fo~ation conco~tn& tho project and tho or other lnves:igation~ w~ be (b) If any ques:Xon has boon anowor~,d Yea the project ~my bo ~i~ific~nt and a ccmpleted Envtro~ental Assessment Fo~ is necessary. (C) If all question~ hsve been a~wered No it l~ likely tbs: this project po~ s~gnificant. (d) ~qviro~ontnl 1. W~i project rea~t In a large physical ct~nge to the project site or phy~ic~lly niter than 10 acres of land? · · , · · · · · , ~ Ye~ 2, Will thoro be a ~Jor change to any unique or unusual land fo~ fo~d on tho ~ltu? · Yes ~ No 3. W~l ~rojec% al%or or hav[ a la[gu effect on an existing body of water'r · . · · · Ye:, &. W~i pro~ect have a potentially largo ~pacb on gro~dwa:er quality? · , · · . Yo:~ W~i proJec~ ~i~ificantly. eff~c% drainage on adJacen~ ~ltos? , , . . . . . ... ~ You Will project affect any tl~eatunod or endangerm! 7, W~I proJec~ re~t in a {caJor udw~r:w~ effect on 8, W~i prcJec~ have'a mn Jot effect cn visual char.- ac%er of tho community or scenic views or vistas kno~ ~o bo ~portan~ %o she co:r. muni~y? , · . ---- Yen... 9, Will ~rojec% adversely ~pac~ any site or ute of h~$~orlc~ pro-hi~$or~c, or paleontological Smportance or any site demt~a~ed as a critical enviroamon~l area by a local agency? , , , Yes 10. W~i project have a ~Jo~ effect on exl~:~g or future recreational opport~itio~2 , · , Yes ~ No Will proJect~r~$ul%' tn ~or traffic problems or cause a major of fee% :o existing ~:ranopor~ation 12, Will pro~ec~ rog~arly cause ob3ectionable odors, noise, glare, vibration, or electrical distbrb- ante am a re$~% of the project's operation? ~ Yes ... 1), Will proJecm have any impact on public health or salary? · , .......... 'f~:; lA, WlI1 project ~ffect tho existing co~unl~7 by tiaa cf moro thsn ~ percent over a c'nc~-yoar period or have a major negative effect un the charact~ of the co~%nity 5r nelghbornood?, . . Yc~ . QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS TO THE BOARD O~ ~'~PEALS 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 Nov 2.a) Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Yes No~ Town Code, Ch. 97 for your reference.) *b) Are there any areas open to a waterway without bulkhead? Yes Nov 2. Are there existing structures at or below ground level such as patios, foundations, etc? ' Yes NoV 4. Are the~e any existing or proposed fences, concrete barriers, decks, etc? Yes VX~No 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. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground~l? State total: ft. Are there other premises under your ownership abutting this parcel? If.yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership,Jif any)? State Permit # and Nature: Yes No~ Yes 'Nov/ Yes Nov Yes No lO. ll. 12~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract). Is new construction proposed in the area of contours at 5 feet or less as exists? If new construction is proposed in an area within 75 feet of wetland grasses, or land area at am 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 the requirements of Ch. 97 of the Town Code? Yes No Yes No~ Yes No ~ Yes No~ Yes No~ Yes No~ Yes No¢ Yes N~ Yes Nov Yes No 13. Please list present use or operations conducted upon the subject property at this time ~~-~ and proposed ,~ *Please submit photographs for the record. I certify that~tUa~above statements are true and are being submitted for relio~n<~e by ~e Board of Appeals in considering my.application. ' _- . ' I Si/~a~re (Property Owner) (Authorize~ Agent~ 3/87 1 k § 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; 3-26- 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 mcan Iow title are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flata or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats anti tidal marsh subject to such tides and upon which grnws or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and Iow march cordgrass: and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the m~st landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (i) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of tho State of New York: and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection Il(l)and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 2-