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HomeMy WebLinkAbout3658 Southold Town Board o£Appeals ACTION OF THE ZONING Appeal No. 3658 Application Dated July 30, 1987 TO: Mr. and Mrs. Paul Ferdenzi 470 Haywaters Drive Cutchogue, NY 11935 MAIN ROAD- STATE ROAD 25 SDUTHDLD, L.I., N.Y. 119'71 D~,.~,~, ......... _TELEPHONE (516) 765-1809 AND 'ILED BY ~OA~E ~D~ TOWN CLERK DATE /o/~,{%~ HOUR '5:,<'/ 6'1 ..... --~. m.~~ tnt(s)] Town Clerk, Town of At a Meeting of the Zoning Board of Appeals held on 0ct0ber 8, ]987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section IX] Request for Variance to the Zoning Ordinance Article III , Section ]00-32 [ ] Request for Application of PAUL AND CORRINE FERDENZI for a Variance to Zoning Ordinance, ArTicle III, Section 100-32 for permission to locate accessory building in the frontyard area. Location of Property: 470 Haywaters Drive, Cutchogue, NY; County Tax Map Parcel No. 1000-104-5-21. the WHEREAS, a public hearing was held and concluded on September lO, 1987 in the Matter of the Application of PAUL AND CORRINE FERDENZI under Appl. No. 3658; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellants request a Variance from the Provisions of Article III, Section 100-32 of the Zoning Code for permission to locate 16' by 26' accessory storage building/garage structure in the frontyard area at a point not closer than 50 feet from the front property line along the west side of Haywaters Drive and not closer than five feet from the northerly (side) property line. 2. The premises in question is a described parcel of land containing a lot area of 34,035 sq. ft. with 139.68 ft. frontage along Haywaters Drive and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 104, Block 5, Lot 21. 3. The subject premises is located in the "A" Resi- dential and Agricultural Zoning District and is improved ICONTINUED ON PAGE TWO) DATED: October 8, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appl. No. 3658 Matter of PAUL AND CORRINE FERDENZI Decision Rendered October 8, 1987 with a single-family, two-story framed house set back 96± feet at its nearest point from the front property line and set back very closely to wet meadow areas in the rear yard (to the west). 4. A waiver has been issued by the Southold Town of Trustees August 27, 1987 from the requirements of a Wetland Permit of the Town of Southold as noted in its September 1, 1987 letter. Board 5. Information has been furnished by appellants the Board to indicate that the area chosen for this accessory structure is not an environmental area. to 6. Article III, Section 100-32 of the Zoning Code permits accessory buildings only in the rear yard area. 7. The rear yard area of the appellants' property consists mainly of meadow grasses and wet areas, and is not a feasible location to place the requested accessory structure. The Board is in agreement with the appellants under the circumstances. 8. It is the opinion of the Board that: (a) the relief requested is not substantial; (b) the project as proposed is not out of character with the general neighbor- hood; (c) the circumstances of the property are unique and lend to the difficulties created herein; (d) the circumstances are not personal in nature; (e) the variance will not in turn be adverse to the safety, health, comfort, convenience or order of the town; (f) there will not be an increase in density created by this variance; (g) there is no other method feasible for appellant to pursue other than a variance; (h) that in view of all the above factors, the interests of justice will be served by granting the variance requested and as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested in the Matter of the Application of PAUL AND CORRINE FERDENZI under Appl. No. 3658 for the construction of an 16' by 26' accessory garage/storage structure, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory garage/storage structure not be used for habitable quarters and must be accessory to and incidental to the residential use of the premises and not operated for gain [as proposed]; 2. That the accessory building be located not closer than 50 feet to the nearest point at the front property line [as proposed]; 3. That the accessory building be located at least five feet from the northerly side property line [as proposed]; 4. That the garage doors face the rear of the property (if feasible); 5. No plumbing facilities to be permitted [as proposed]; 6. All water runoff must be retained on the site~ 7. Any alteration in the roof design other than as applied will require re-application and re-consideration before this Board; 8. Accessory structure not to exceed 17 feet in total height (to the top of roof line). Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Gri§onis and Doyen. (Member Sawicki was absent.) This resolution was duly adopted. GERARD P. GOEH~INGER, ~AIRMAN NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, SEPTEMBER 10, 1987 at the following times: 7:35 p.m. Appl. No. 3651 - DEAN KAMEN. Variances to the Zoning Ordinance, Articles: (a) III, Section 100-32 as to excessive height, (b) XI, Section 100-119.2 as to insufficient setback from ordinary highwater mark of Long Island Sound, of a proposed wind-turbine-generating tower to be constructed landward or near existing granite moholithic structure. Location of Property: North Dumpling Island, NY; County Tax Map Parcel No, 1000-130-01-004. 7:40 p.m. Appl. No. 3662 ~ THOMAS AND FRANCES SMITH. Variances to the Zoning Ordinance, Articles: (a) III~ Sec- tion lO0-31, Bulk Schedule, as to an insufficient sideyard setback of garage, when attached to principal dwelling structure with raised open-deck construction, (b) XI,. Section 100-119.2 for an insufficient setback from existing seawall landward of wetland area for proposed deck addition, (c)~ III, Section 100-32, for approval of garage as an accessory structure in the sideyard area as an alternative to attaching same to dwelling structure~ Location of Property: 200 Hay- waters Drive, Cutchogue, NY; County Tax Map Parcel No. 1000-104-05-19. 7:45 p.m. Appl. No. 3622 - CHRISTIAN B. SALMINEN. Variance to the Zoning Ordinance, Article XI, Section 100-i19,2 for permission to construct deck addition to dwelling an'd accessory stairs, both with an insufficient setback from edge of Marion Lake, or landward edge of freshwater wetland, whichever is closer. Location of Property: 240 Lakevi~w Terrace, East Marion, NY; County Tax Map Parcel No. 1000-31-9-15. x~ 7:50 p.m. Appl. No. 3658 - PAul AND CoRRINE FERDENzi. - '~ Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory building in frontyard area Location of Property:' 470 Haywaters Drive, Cutehogue, NY; County Tax Map Parcel No] 1000-104-5-21. Page 2 - Legal Notice of Heavings Regular Meeting - September 10, 1987 Southold Town Board of Appeals 7:55 p.m. Appl. No. 3665 - LEHESK BUILDING CORP. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of construction of open deck with an insufficient rearyard setback at 360 Sebastian's Cove Road, Sebastion Cove Lot No. 5, Mattituck, NY; County Tax Map Parcel No. 1000-100-03-11.8~ 8:05 p.m. Appl. No. 3593 - QUIET MAN INN (Reconvened from May 21, 1987). Variance to the Zoning Ordinance, Article VII, Section 100-71, 'Bulk Schedule, for permission to construct addition in this "B-1u General Business Zoning District with an insufficient frontyard setback from the westerly property line along Hobart Avenue. Location of Property: Corner of Main Road and Hobart Avenue, Southold, NY; County Tax Map Parcel no. 1000-62-3-7. '~ 8:10 p.m. Appl. No. 3659 ~ QUIET'MAN INN. Variance the Zoning Ordinance, Article XI, Section 100-112 (and Article III, Section-lO0-31) for approval of insufficient number of parking spaces of this preexisting business use. Location of Property: Southold, NY; County to Corner of Main Road and Hobart Avenue, Tax Map Parcel No. 1000-62--3-?. 8:20 p.m. Appl. No. 3628 ~ GEORGE AND JANE KAYTIS. Variances to the Zoning Ordinance~ Article III, Section 100-31, Bulk Schedule, for approval of insufficient area of two proposed parcels, Lot #1 of 40,000 s~. ft. and Lot #2 of 1.443 acres, and insufficient frontage of Lot #2 along Robinson Road, Southold, NY; County Tax Map Parcel No. 1000-81-03-15,4 (or 12). 8:35 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 establish "building envelope" with setbacks of not ]ess than 38 feet from nearest wetlands along existing two-foot contour and not less than 30 feet from the front property line las approved under Appl. No. 3412, June 30~ 1987~. - Location of Property: 675 Meadow Lane, Mattituck, NY; Mattituck Estates Lot No. 42; 1000-t15-5-7. (Reconvened from 8/20/87). Page 3 - Legal Notice of Hear.ings Regular Meeting September 10, 1987 Southold Town Board of Appeals 8:55 p.m. Appl. No. 3653 - NORTH ROAD ASSOCIATES. (Reconvened from August 20, 1987). Variance for approval of access at Orient. The Board of Appeals will hear at said time and place al! ~ercen~ or representatives desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments,may be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: August 20, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Notice to Newspapers: Please publish once, tO wit: senti 3rd, 1987 and forward one affidavit of publication to: Board of Appeals, Main Road, Southold, NY 11971. FORM NO. 3 TOWN OF $OUTtiOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPI'ROVAL File No ................................ · to ~..~-~..'~.~.....~. ~. · .~.?.o.. ~...~ ~.~... ........... . .~~~.. ~..~ ~..~.~.~ .~ ~... TAKE NOTICE that your application dated . I'LEASE for pumdt toconst~ct..~..~.q~..~~ ........................... co~ty T~,~ U~p ~o. ]o00 S~tio, ..4.~. f. ...... ~,~ ... ~. ~ ...... ~.ot . .~{ ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewilh and disapproved on the I'ollowh,~ grounds .1~'~.'-~.~. ~'~.'(.a? ,-.~ ~_. 'h-'~>''~'''I''~¢e~ ................ i .......................... ' · Building Inspector RV 1/80 1987 ~o~$,F~,.~M DEC,SION OF BUILDING ~NSPEC~OR APPEAL N TO TI~E ZONING BOARD OF APPEALS, TOWN OF S ~OUTHOLD, N.Y. ,. .... ........ ................................................. ^,,,, ,o ~' Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit Street and f, lumber Municipality J State ( ) PERMIT TO USE (Tz~ PERMIT FOR OCCUPANCY ~treet /Hamlel: / Use District on ~onYng Mop District 1000 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Pa_.~raph of the Zonin~g~Ordinance by number. Do not quote the Ordinance.) Article ~ Section /~2~ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (c-,~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (ha (~).~s not)~een mode 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 o variance and was made in Appeal No ................................. Doted ...................................................................... ( ~ A Variance to the Zoning Ordinance ( ) is requested for the reason that REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ~orm Z~l (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because vicinity of this property and in this use district because The hardship created is UNIQUE ond is not shored by oil properties alike in the immediate CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE COUNTY OF ,g Sworn to this ..................... ~' '} .............. day of .................. .-:,T..%i ....................... 19?r7 ..... ~o. ~tmi$£ied ir' S' 'fo~k TOWN OF SOUTHOLD PROPERTY RECORD CARD M- ? OWNER STREET T-ViLI_,~GE DIST.! SUB. LOT -~- ~ D S~S. ~L. FARM CO~, CB. MICS. Mkt. V~lue ~ND IMP. TOTAL DATE RE~RKS AGE NEW NORMAL FARM Acre TillabJe Woodland Meadowland House Plot Totdr- I BUILDING CONDITION BELOW ABOVE Value Per i Vclue Acre ,i FRONTAGE ON ROAD DEPTH BULKHEAD DOCK Extension Extension COLOR ~k'"r~.L_, TRIM l~,~,-i',J~-~..__ Extension Porch Breezeway Patio Total Foundation Basement Ext. Wails Fire Place !Type Roof Recreation Room Dormer Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor I Driveway ~inette ~ DR. BR. FIN. 0io4. I0O0~ S~. lo'fi, 8[Ic. 5, Poi. ~.1. i ,~T Town o~ h) TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, SEPTEMBER 10, 1987 Appl.-N0. 3658 Applicant(s): PAUL AND CORRINE FERDENZI Location of Property: 470 Haywaters Drive, County Tax~ Map ID No. ]000-104 2 5 21 Cutchogue Board-Members present were: Chairman Goehringer P. Goehringer, Members Serge Doyen, Jrt, Robert J. Douglass and Joseph H. Sawicki. Absent was: Member Charles Grigonis, Jr. The Chairman opened the hearing at 8:15 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the survey produced by Roderick VanTuyl. Th~ most recent date is November 20, 1984, indicated a two- story framed house as indicated in the application of approximately 150 feet from Haywaters Drive and approximately 78 feet from a wet- land area and on this is a pencilled in sketch of a~.accesso~y build- ing in the sideyward approximately five feet from the north property line, 60 feet from the road, and at it's farthest point; 50 feet from the road at it's nearest point of 16 by 26. And I have a copy of the Suffolk County Tax map indicating this and surrounding properties in the area. Would you like to be heard sir? We always have questions. What happens to your garage as it exists now when and after you con- struct this building? MR. FERDENZI: It's still a garage. CHAIRMAN: How are you going to get in and out of it. It's on the... MR. FERDENZI: Using the driveway. CHAIRMAN: But this is actually is placed almost on the existing drive- way, is it not? MR. FERDENZI: No, It's along side of it. CHAIRMAN: Is the .garage entered from the front or the rear or from the side? MR. FERDENZI: The new garage? CHAIRMAN: The existing garage. MR. FERDENZI: From the side. -- · Page 2 - Ferdenzi ~ring Z.B.A. - 9/10/87 CHAIRMAN: From the side. So you're going to go in and go around it to a certain degree and get in it. MR. FERDENZI: The existing garage, you drive down the driveway and you make a sharp turn to the left and you go into the garage. That area is not going to change. This garage, if allowed, will be for- ward of that area with the doors facing the water side of the house. CHAIRMAN: I see° Ok. And what is the proposed use of the garage? MR. FERDENZI: It's to keep a truck in. CHAIRMAN: Is it to be used for any specific business or anything of that nature? MR. FERDENZI: The garage? No. Just to keep a truck in. is used for business if that's what you~mean. The truck CHAIRMAN: But you're not using the, you're not placing construction materials in it or using it for a business or anything of that nature? MR. FERDENZI: No. CHAIRMAN: Will there be any plumbing or any electrical in ~he garage? MR. FERDENZI: There will be no plumbing in the garage. There will be some electrica'lo Electrical to the extent of an overhead garage door and some general lighting. That's about it. CHAIRMAN: When you say 17 feet high, you're talking to the roof 17 feet? MR. FERDENZI: Yes. CHAIRMAN: What would be the actual height of the sidewall? Eight feet? MR. FERDENZI: No. The one side would be straight up to conform with the lines of the house. So you would have,almost seventeen~foot brick wall down this way towards the driveway. The driveway would be eight feet or seven and a half feet off the ground. That's how the front of the house is built now. If you turn the house around it would be the same exact configuration. That's why I designed it that way. CHAIRMAN: What would the second story area be used for? Storage? MR. FERDENZI: It would be a small ten foot by maybe fourteen foot platform that maybe would have five foot of clearance. ~trictly for storage. CHAIRMAN: So the actual sweep of the angle is going to be towards the house. Not towards the next door neighbor's property or into the drive- way. MR. FERDENZI: The driveway area as it exists now~in front of the new building or alongside the existing garage, is not going to change. There's not five feet there now before the existing garage doors and the neighbor's property line. · ~age 3 - Ferdenzi ~ring Z.B.A. - 9/10/87 CHAIRMAN: What I was saying that this angle here that you're refer- ring to, the water runoff will be toward your driveway. MR. FERDENZI: One hundred percent. CHAIRMAN: The only other problem we~have is with seventeen feet in height on the other side. Are you going to be able to put a ladder against this building and still be on your property? MR. FERDENZI: Yes. CHAIRMAN: Within five feet of the property line? MR. FERDENZI: Absolutely. No problem. CHAIRMAN: OK. MR. FERDENZI: I have a letter from Mrs. if you'd like to see it.which not only says we couldn't do, she kind of encouraged it as long as you have no problem with it. I don't think you have a copy of it. This is the only copy I have but if you want to take a look at it. Her house is probably 100 feet away from what we're talking about. CHAIRMAN: Can we keep this and return it to you? MR. FERDENZI: Sure. CHAIRMAN: Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Questions from Board members? We assume that it will be a conventional cement block construction and then a cement floor so on and so forth similiar to a normal garage type of construction? MR. FERDENZI: Yes. The side will be the same as the house; square cedar with anderson windows all conforming to what is there now. CHAIRMAN: Thank you very much. Hearing no further questions, I'll make a motion closing the hearing reserving decision until later. Ail in favor - AYE. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK MICHAEL A. LOGRANDE SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN DIRECTOR Of PLANNING October 28, 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) Margaret McNamara John & Joan Wetzel William Moore & Benjamin Herzweig Nicholas Ippolito ~Paul & Corrine Ferdenzi 3602 3647 3654 3656 3658 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPA )GE. LI. NEW YORK 11788 Southold Town Board o£ Appeals MAIN I~DAD- STATE2 ROAD 25 E~OUTHOLD, L,I., N,Y. 11971 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Pursuant to Article XIII of the Board of Appeals of the Town of the following x× Variance Suffolk County Charter, Variance Special Southold, New York, hereby reiers to the Suffolk County Planning Commission: from the Zoning Code, Article ZzI, Section 3.00-32 from Determination of Southold TOWB Building Inspector Exception, Article , Section Special Permit Appeal No.: 3658 Applicant:Mr and Mrs. Ferdenzi Location of Affected LaBd: 476 ~ ' Haywaters Drzve, Cutci~ogue, HY County Tax Map Item No.: 1000~ 104-5-21 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, StaLe or Boundary of Existing or Proposed County, State or Other Recreation Area Federally ©wried [.an, Federal P~rk or or Existing or Proposed Right-of Way of Any Stream or Dr.]inag~ Channel Owned by the County or for Which The County Has Establ f'hed Channel Lines, ' Within One Mile of a Nuclear Power Plan[ Within One Mile of An Airport. COMMENTS: buildinq Applicant is requesting in the frontyard mr~m. permission to lc-,~ate ac:c~.3zs~)r_y_ ....... Copies of Town file and related documents enclosed for your revi,,w. Dated: October 22, 1987 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 RnAD 25 !.SOUTHOLD. L.I., N.Y. llg?l TELEPHONE (516) 765 1809 October 20, 1987 Mr. and Mrs. Paul Ferdenzi 470 Haywaters Drive Cutchogue, NY 11935 Re: Appl. No. 3658 (Variance) Dear Mr. and Mrs. Ferdenzi: 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 Suffolk County Planning GERARD P. GOEtIRINGER CHAIRMAN By Linda Kowalski Commission / / Tax lv~ap Des i ~na+t'on : HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 1, 1987 TELEPHONE (516) 765-1892 Mr. Roy L. Haje, President Eh-Consultants, Inc. 1329 North Sea Road Southampton, New York 11968 Re: Paul Ferdenzi - Waiver Dear Mr. Haje: The following action was taken by the Board of Town Trustees during their regular meeting held on August 27, 1987. RESOLVED that the Southold Town Trustees Waiver the need of a Wetland Permit as requested by Eh-Consultants, Inc. on behalf of Paul Ferdenzi to spread approximately 72 cu. yds. of topsoil in an area west of deck (54+' x 121!') and graded to a depth 4_+'' and planted with grass seed. West of this, area will be planted with indigenous species such as Clethra, Bayberry. On the east side of the house, circular driveway will be cut through and surfaced with bluestone and yard landscaped as shown on the plan submitted on Jan. 14, 1986 and planting plan dated April 28, 1987. The waiver is granted with the provision that the D.E.C. specifications are followed to increase the wetland fringe by 5 feet. P~operty is located at 470 Haywaters Drive, C&tchogue. Please remit $25.00 for the waiver granted at this time. Very truly yours~ Henry P. Smith, President Board of Town Trustees HPS: ip cc: Robert A. Greene, D.E.C., Stony Brook Commissioner Henry G. Williams, D.E.C., Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management Conservatiqr~ Advisory Council Albany Board of Trustees - Ferdenzi Page 2. Board of Appeals~/' File Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 BOUTHOLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS Sept. 10, 1987 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · E . Q . R . A . SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significanco APPEAL NO.: 3658 PROJECT NAME: PAUL AND CORRINE FERDENZI This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold; This board determines the within project not to have a signifi- cant adverse_effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: DESCRIPTION OF ACTION: frontyard area. [ ] Type II IX] Unlisted [ ] Permission to locate accessory building in LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 470 Haywaters Drive, Cutchogue, NY 1000-104-5-21 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Construction proposed is landward of existing structures. (3) Information has been submitted by applicant or his agent in- dicating that the project will not involve the disturbance of wetlands graSSeS or areas subject to floodinq which may be considered wetlands. FOR FURTHER INFORMATION, PLEAS~ CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals, Town Hall, 765-1809 or 1802. Copies of this notice sent to the on the Town Clerk Bulletin Board. Southold, NY 11971; tel. 516- applicant or his agent and posted mc NOTICE OF HEARINGS NOTICE IS HEREB~ ~' EN, pursuant to Section 267 of ' the Town Law and thc Code of the Town of Southold, the; following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at-a Regular Meeting at the Southold Town Hall, Main Road, · S0uthold, NY mi THURSDAY, SEPTEMBER IO~ 1987 at the following times: 7:35 p.m. Appl. No. 365'I- DEAN KAMEN. Variances to the Zoning Ordinance, Articles: (a) I11, Section 100-32 as to'ex- cessive height,(b) Xl, Section 100-119.2 as to insufficient set- back from ordinary highwate~/ mark of Long Island soUnd;of a proposed :~w. ind-turbine- generating tower to be con- -structed landward or near ex- isting granite m6nolithic struc- ture. Location' of Property: North Dumpling Island, NY; County Tax Map Parcel No. 1000-130-01-004. 7:40 p.m. Appl. No. 3662- THOMAS AND FRANCES SMITH. Variances to th& Zon-; 7'.~.m. AppL No. 3665- .LEI~ BUILDING CORP, Variance to the Zoning Ory) : dinance, Article"Ill, Section OLK 100-31, Bulk Schedule, for )RK approval of construction of open deck with an insufficient rearyard setback'at 360 Sebas- tian's Cove Road, Sebastion Cove Lot No. 5, Mattituck, NY, County 'Pax Map Parcel No. 1000-100-03-11.8. 8:05 p.m. Appl. No. 3593- QUIET MAN INN (Reconven- ed from May 21, 1987). Va{lance to the Zoning Ordinance, Arti- cle VII, Section 100-71, Bulk Schedule, for permission to con- 'struct addition in this "B-I" {3enerai ~ ............. Bus~ness Zoning District with an insufficient frontyard setback from the o'! westerly property line alon~!- Hobart Avenue. Location o[/ Property: Corner Of Main Road and Hobart A~'enue, Southold, NY; County Tax Map Parcel No. 1000-62-3-7. 8:10 p.m. Appl. No. 3659- QUIET MAN INN. Variance to the Zoning Ordinance, Article XI, Section 100-112 (and Arti- cle 111, Section 100-31) for ap- ing Ordinance, Articles: (a) 1!1; , provalofinsfifficient number of Section 100-3 Bulk Schedule, ,,%parking spaces of this pre- ~ ,, ~,, ;,~,r~,~a.,, ;;a~.~ ~o, ,~ :existing business ~ase Location back of garage, When attache- ' ~of Property: Corner of Main to principal dwelling structure ' ,)Road and Hobart Avenue, with raised open-deck construe- 'Southold, NY; County Tax Map tion, (b) Xl, Section 100-119.2 ..Parcel No. 1000-62-3-7. for an insufficient setback from/ 8:20 p.m. Appl. No. 3628- existing seawall landward of wetland area for proposed deck addition, (c) 111, Section 100-32, for approval of garage as an ac- cessory structure in the sideyard. area as an alternative to at- taching same to-dwelling struc- ture- Location of Property: 200 Haywarers Drive, Cutchogue, NY; County lh.x Map Parcel No. 1000-104-05-19. 7:45 p.m. Appl. No. 3622z CHRISTIAN B. SALMINEN. Variance to the Zoning Or- dinance, Article XI, Section 100-119.2 for permission to con- struct deck addition to dwelling and accessory stairs, both with an insufficient setback from edge of Marion Lake, or landT/ ward edge of freshwater wetland, whichever is closer. Location of Property: ~:40 Lakeview Terrace, East Marion, AYTiS. Variances to the Zon-./ ing Ordinance, Article 11, Sec- tion 100-31, Bulk Schedule, for approval of insufficient area of two proposed parcels, lot No. I of 40,000 sq. ft. and tot No. 2 of 1.443 acres, and insufficient frontage of ~ot No. 2 along Robinson Road, Southold, NY; , County Tax Map Parcel No. I000-81-03-15.4 (or 12). 8:35 p.m. AppL No. 3654.- W.I.LLIAM MOORE. ES . AND B E N J~ ~l~[~ .... -' ,WEIG~ ESQ. Variance to the Zoning Ordinance,Article XI, Section 100-119.2 for permission to establish "building envelope" with setbacks of not less than 38 feet from nearest wetlands along existing two-foot contour and not less than 30 feet from the front property line (as ap- NY; County Tax Map Pamel No. proved under Appl. No. 3412, 1000-31-9-15. '-~ June 30, 1987). Location of ~7:50 p.m. Appl. No. 3658- '~ Property: 675 Meadow Lane, _PAUL AND CORRINE }Mattituck, NY; Mattituck Es- FERDENZI. ~tates Lot NO. 42; 1000.115-5-7. Variance to the Zoning Or- dinance, Article 111, Section l 100-32 for permission to locate accessory building in frontyard area. Location of Property: 470 Haywat~rs Drive, Cutchogue, NY: County Tax Map Parcel No. (Reconvened from 8/20/87). "8:55 p.m. AppL No..3653-(J - ,NORTH ROAD ASSOcIATEs./ (Re*onvened from August 20~ 1987). Variance for approval of access at Orient. ss: )eing duly sworn, says that she is the NG ISLA'ND TRAVELER-WATCHMAN, printed at Southold, in Suffolk County; of which the annexed is a printed copy, in said Long Island Traveler-Watchman / weeks ncing on the ...................... ..... 3 ,-J me this ..................... day of Notary Public BARBARA FORBES Notary Public, State of New York No. 48068.:6 Qualified in Suffolk County - Commission Exp res /~7 ~/ 19 ac~<{:~ 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 allot- ted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: August 20, 1987 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary 1T-9/3/87(3 I)" Legals NOTICE OF HEARINGS NOTICE IS HEREBY lIVEN, pursuant to Section 267 ,£ the Town L~w and the Code o~ he Town 4f Seuthold, the follow- learings will be held by the HOLD TOWN BOARD PPEALS at a Regular Vleeting at the Southold Town tall, Main Read, Seuthold, New (o/'k, on THURSDAY, SEP- fEMBER 10, 1987 at the roi- owing times: 7:35 p.m. Appl. No, 3651- ~)EAN KAMEN. Variances to he Zoning Ordinance, Articles: a) III, Section 100-32 as to ex- 'essive height, lb) XI, Section ~00-119.2 as to insuffident set- ~ack from ordinary highwater hark of Loug Island Sound, of a ~ropesed wind-turbine-generat. ng tower to ,he constructed land- ogue, NY; CoUnty Tax Map Var- cel No. 1000-104-05-19. / 7:45 p.m. App]. No. 3622 - CHRISTIAN R. SALMINEN. Variance to the Zoning Ordi- nance, Article XI, Section 100- 119.2 for permission to construct deck addition to dwelling and ac- cessory stairs, both with an in- sufficient setback from edge of Marion L~ke, or landward edge of freshwater wetland, whichever is closer. Location of Property: 240 Lakeview Terrace, East Marion, NY; County Tax Map ParcelNo. 1000-31-9-15, ~ ,-~7:50 p.m. Appl. No. 3658 - PAUL AND CORRINE FER- DENZI. Variance to the Zoning Ordinance, Article Ill, Section 100-32 for perm ss on to ocate accessory building in frontya,'d area. Location of Property: 470 Haywators Drive, Cutchogue, Ny; County Tax Map Parcel No. 1000-104-5.21. 7:55 p.m. Appl. No 3666~- LEHESK BUILDING CORP. QUIET MAN INN. Variance to the Zoning Ordinance, Article XI, Section 100-112 (and Article Ill, Section 100-31) for approval of insufficient number of park- ing spaces of this preexisting business use. Location of Prop- erty: Corner of Main Road and Hobart Avenue, Seuthold, NY; County Tax Map Parcel No. 1000-62-3-7. 8:20 p.m Appl. No. 3628 - GEORGE AND JANE KAYTIS. Variances to the Zon- ing Ordinance, Article III, Sec~ tion 100-31, Bulk Schedule, for approval of insufficient area of two proposed parcels, Lot #1 of 40,000 sq. ft. and Lot #2 of 1.443 acres, and insufficient frontage of Lot #2 along Rebinson Read, Seuthold, NY; County Tax Map Panel No. 1000-81-03-15.4 (or 12), 8:~5-p.m. Appl. No. 3654- WILLIAM MOORE, ESQ. and BENJAMIN HERZWEIG, ESQ. Variance to the Zoning yard or near existing granite Variance to the Zoning Ordi- Ordinance, Article XI, Section nonolithic structure. Location of nance, Article III, Section 100- 100-119.2 for permission to es-.. 'roperty: North Dumpling !~- ., ~31. Bulk Schedule~ forapp~-oval ~.~ tablish -building envelope- with and, NY'CountvTaxMa-Par, ~ ~ ~: ' ofconstructionofo~ndsekwitl~. ~ ~. setbacks of not ess than 38 feet ~No. 1000-130-01-004. ~ ~ an insufficient ~ setback ~ from near~t wetlands along ~0 p.m. Appl. NO. 3662 - ' at 360 Sebastian's Cove Road, -~ ~xisting two-foot contour and '~OMAS AND~FRANCE~}°' .S~..bastten Cove Lot No. 5, Mat. .: not less than 30 feet fromthe ;MITH. Variances to the Zon-'"- t~tuck, NY; County Tax MaI~'~t~'front I~pei'ty line las approved ag Ordinance, Article~: ia) III, Parcel No. 1000-100-03-11,8. under AppL No. 3412, June 30, ;ection 10031, Bulk Schedule, s to an insufficient sideyard ethack of garage, when at- ached to pr/nc/pal dwelling tructure with raised open*deck onstruction, (b} XI, Section 100- 19.2 for an insufficient setback rom existing seawall landward ,f Wetland area for proposed leck addition, lc) Ill, Section 00-32, for approval of garage as rn accessory structure in the ddeyard area as an alternative o attaching same to dwelling ~tructure. Location of Property: !00 Haywators Drive, Cutch- 8:05 p.m. Appl. No. 3593 - QUIET MAN INN IReconvened from May 21, 1987), Variance to the Zoning Ordinance, Article VII, Section 100-71~ Bulk Schedule, for permission to con- struct addition in this "B-l" General Business Zoning Dis- tr/ct with an insufficient fron- tyard setback from the westerly property line along Hobart Av- enue. Location of Property: Corner of Main Road andJ/obart Avenue Southold, NY; County Tax Map Parcel No. 1000~62-3-7~/ 8:10 p.m. Apph Nq 36597, 1987). Location of Property: 675 Meadow Lane, Mattituck, NY; Mattituck Estates LOt No, 42; 1000-115~-7. IReconvened from 8:55 p.m. 'Appl. NO. 3653 - NORTH ROAD SOCIATES. CReconvened from AuguSt 20, 1987). Variance for approval of access at Orient. 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 comme~t~ may be submitted prior to the conclu- sion of the subject bearing. For more, information, please call 765-1809. Dated: August 20, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary 1TS3-5700 ! i ~ ', STATEOFNEWYORK ) ! SS: COUNTY OF SUFFOLK ! G~t-~l~ ~r~at~ ofGreenport, in said County, being duly sworn, says thst he/she is Principal Clerk of THE SUFFOLK TIMES, e Weekly Newspaper, published ~t Greenpo~, in the Town of Southold, County of ~uffolk ~nd State of ~ew York, and thru the Nofige of whioh the ~nnexed ~ printed copy., has been regularly published ~aid Newspzper once e~eh week for 1 weekz ~uceeezivel?, commencing on the dayof September 19~ /~,n~ipa, ~.r~ S.om to 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 2,5 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there 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 tr~uly,;,~ ~ ~ G~'RAR~ P. G~EHR~NGER ~ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk Page 4 Notice of Hearings Southold Town Board of Appeals Regular Meeting - September 10, 1987 Copies Mailed to the following on or about 9/1/87: Mr. James R. Maher, c/o 1874 Associates Mr. Dean Kamen 340 Commercial St., Manchester, NH 03101 Mr. John H. Thatcher, Jr., President, F.I. Conservancy, · ox 553, Fishers Island, NY 06390 ~ P.O. Box 132, Green Village, NJ 07935 Inc. Mr. and Mrs. Thomas Smith, 200 Haywaters Drive, Cutchogue 11935 Mr. and Mrs. Christian B. Salminen Box 595, 320 Lakeview Terrace, East Marion, NY 11939 Mr. and Mrs. Paul Ferdenzi, 470 Haywaters Dr, Cutchogue~ NY 11935 Lehesk Building Corp., Box 900, Mattituck, NY 11952 Neighbors: Twin Fork Fence & Siding, Mattituck, NY 11952 William D. Moore, Esq.'~'for Quiet Man Inn & Moore & Herzweig Clause Commons, Suite 3, Box 23, Mattituck, NY ]1952 Mrs. Ellen Larsen, North Road,, Southold, NY (opp. Moore & Herzweig) Mr. Thomas Reilly, Pres., Matt. Estates, Mattituck (opp. " " ") Patricia C. Moore, Esq., Edson and Bruer for North Road Main Road, Southold, NY 11971 Mr. Edward Linker, Box 791, Orient, NY 11957 (Also to Mr. Dean Kamen, 44 Gage Road, Bedford, NH 03102) & Geo. Kaytis STATE OF NEW YORK) COUNTY OF SUFFOLK): ss.: Linda F. Kowalski, residing at Ole Jule Lane, Mattituck, NY, being duly sworn, deposes and says that on the 1st day of September 1987, deponent mailed a true copy of the Legal Notice for Hearings to be held September 10, 1987, to each of the above-named persons at the addresses set opposite their names, and that said Notices were mailed at Southold, NY by regular mail. ~L'ln(~a F. Kow~l§ki Sworn to before me this 1st day of September, 1987. Notary Public ]UDITH 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 July 30, 1987 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3658 , application of Corinne & Paul Ferdenzi 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 ?OWN OF SOUTHOLD, NL~V YOItK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.~70'~'~ ~ TO THEZONING BOAi~,D OF APPEALS, TOWN OF SOUTHOLD N. Y. A, Name of Appell~t ~trJet ~ Num~ ........................ ...... ........................................................... 0 Municipali~ State THE ZONING BOARD OF APP~LS FROM THE DECISION OF THE BUILDING INSPECTOR ON ~C~T,O~ FO~ ~.~ ~O ..................................... ~ .... ~ ........... 1 ~ ~ ~gme of Applicant for~ermit ~ . .... ~t~t ~ber .... '~'~'~'i~J~ '~tate'~ ...... '~'"" () ~ER~TTO US~ (~ PERMIT FOR OCCUPANCY Street /Hamle~ / U~ Dislrict on Zoning' Map No. Lot No. P~or 0~ne~. ~M 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.) ^rticle ~ 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 Chop. 62 Cons, Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (hos['~,~has not)~een made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o 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 (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATEcouNTyOF oFNEW.~J,J~ IYORK ) ss ........ '~i~t~re''__~ Sworn to this ........................ ~. ................. doy of .................. ~ ....................... 19~7 .................. ...... Y .... NANCY S. WRIGHT Not~y Public, State of New York No. 4737476 Qualified in S:'~olk County BOARD OF APPEALS, TOWN OF SOUTHOLD l~e Matl~ m" th~ P,e~tion of~t : to the Board of Appeals of the Town of Sout~old : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That ir i~ the intention of the undersigned to petition the Board of Appeals of the Town of Southold request Va~a, nce)~, pecial Exception)(Special Permit) (Other) [¢±r¢le cho£¢e] to 2. That the property whig:h, is the subjej:t of the,~etit'mn is located adjacent to your property and is des- cribed as follows: 3. That the proper],,y which .i.s~the subLect o~ such, Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: 5. That the provisio~,~4~he Southold Town Zoning Code a~plicable to the relief sought by the under- signed are Article ~ Section /~/~ ~ ~__. [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the 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) 76'5-'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. P~wt i~i~ ~r' Names :~~' Post Offic¢~re~ ~ ~ ~ NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ' ~ . residing at ~/~/_~.**/--~ ~*l~t'~c~ //~7././~//~/~a~ //,~'J~/' , being duly sworn, deposp,~and says that on the ~ day of---~.,c/~F~.4 ~ - ?" ' .19 ~:F~,~ , deponent mailed a true copy of the Not~ce~'' ~ set forth on the re- verse//de her~f, directed to each of the above-named persons at the addresses set opposite their respective name~; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the curren,t~assqssrpent roll of thq Town of Southold; that said Notices were mailed ai the United States Post Of- fice at /_~,~.7~-.,/l_dL~-r~ ./~, ~ // ~'~"'-- ;that said Notices were mailed to each of said persons by ( cer t i fiecr~(-r egis t ere~,~ mail. -- Sworn to before me this ~ day of ~',,,..L~ , 19 NotarY) Public NANCY S. WRIGHT Notary Public, State of New York No. 4 i37476 Qnalif!ed i~ S~,ffcik CounW J-,..o~.~ ¢ ~.q ~l, (This side does not have to be completed on form transmitted to adjoining property owners.) Q.UESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS TO THE BOARD OF___APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. I. Are there any proposals to change or alter land contours Yes seaward of area under construction? Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined Town Code, Ch. 97 for your reference.) by 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, concrete barriers, decks, et(? Yes Y /Uo If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: /7' _ ft. Yes If project is proposed for principal building or .... ~ structure, is total height at more than 35 feet above Yes NO~? average ground~l? State total: ft. Are there other premises under your ownership abutting Yes Ito~'~f this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes NOg...// 10. ll. 12 13. Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Yes Town Board Yes Town Trustees Yes County Health Department Yes N[Fj~ Village of Greenport Yes No~ N.Y.S.D.E.C. Yes N~j~ Other Yes Ncr Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale~ (from contract)· Yes Is new construction proposed in the area of contours at 5 feet or less as exists? Yes No-~''~ 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 Yes the requirements of Ch. 97 of the Town Code? Please list present use or operations conducted_upon the subject property at this time ~ / and proposed ~ / certify that the ~bove statements are true and are being submitted for ication appl my relia,~g~ by }~tle/~ard~f Appeals in considering . Si~na~Y~f~e '(~o~erty/~n~er) (Authorized 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) Ail lands generally covered or intermittently cow ered with, or which border on, tidal waters, or-lands lying beneath tidal waters, which at mean low tide are covered by tidal water0 to a maximum depth of five (5) feet, including but not limited to banks, ~bogs, salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats anti tidal marsb subject to such tides and upon wbich grows or may grow some or any of thc following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, gruundsel, marshmallow and low 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 most landward edge of sucb a tidal wethtnd. B. FRESHWATER WETLANDS: (1) "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 the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wet]and." 9705 2.25- ss FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Cerli[icate O[ Occupancy No Z14461 Dar June 2 19.8.5.. THIS CERTIFIES that tlle building.....qn..e 7.f.a.m. ~.ly' dw.e.1 lin.g. Location of Property . .4.7.9 ............ .H.a.y.w. 9.t.ef.s., .DF... ...... Cu.t.ch. og.u.e House No. Street .............. County Tax Map No. ! 000 Section ..... .1.07 .... Block ... 5 .Lot .2.1 ..... Subdivision ............. .X ................. Filed Map No. X .Lot No... X. .... conforms substantially to the Application for Building Permit heretofore filed in this office dated 14089Z .... .J.u.r}~..1.2. ........ , 19 .8.5. pnrsuant to which Building Permit No ...................... dated ..... .~.u.r~e...1.2. .............. 19 .8.5., was issued, and cofiforms to ali of the requirements 6f the applicable provisions of the law, Tile occupancy for which this certificate is issued is ......... O~-/amily dwelling. The certificate is issued to JOHN R. DEM?SEY {ownerXl~,~,~7~K~lIaY~j~ of the aforesaid building. Suffolk County Department of Health Approval ......... 85 -SO717 UNDERWRITERS CERTIFICATE NO ......................... .....N 7 t~ 7. 5...89. ............... Building Inspector Rev. 1/81 ,SHOR,T £NVIROt~E;ITAL .ASSESS!~E!;.T F~ (a) In order to an=war the questions in this short EAF is i~ assumed that ~he preparer will use currently available ~fo~tion conceding the project and the l~ely ~c:s of %he action, I~ is not e~ec%ed %hat additional studies, re~earch or o:her investigations w~l be ~der%aken. (~) If any question has been answered Yes ~he project may be al~lfican~ and a complete4 Enviro~en%al Assessment Fo~ is necessa~/. (c) If all questions have been answered No i% is l~ely %~m% ~his proj.c% po~ aignifican~. (d) ~viro~en%al 1, W~i proJec~ rest% in a la~ge physical c~nge :o ~he proJec~ site or physically al~er more ~n 10 acres of land? , · · · · · · · .. Yes 2, Will ~hera be a ~Jor change ~o any ~iquo or unusual land fo~ fo~d on ~he si%e? · Yes No 3. W~i ~¥oJec~ al~er or ~ve a large ~ffec~ on an existing body of wa~er? · · · · · , ~ Yes No &, W~i project have a potentially largo ~pacb on gro~d~ter quality? · · , · , · · · Yes 5. W~l project sl~ificantly, effect drayage ~ on adJacen~ si~es? · · · · · . , You 6, Will project affect any t~ea%ened or endanEered -plan% or ani~l species? · · · · · · , , Ye:~ ~o 7, W~I project reset in a ~aJor adwrse effsct on air quality? · · · * * · , · ... Ye~ ___ ~o 8, W~i proJec~ have 'a major effec~ on visual cha~ ac%er of =he co,unity or scenic views or vis=au kno~ ~o bs ~por~an= ~o ~h~ core. reunify? , · · -- Ye~ . 9, Will project adversely ~pac~ any site or s~ruc~ ur~ of hlsDoric~ pro-his:oric~ or paleontological impor~ance or any site desi~a~ed as a critical environmen~l area by a local agency? . , . Yes .---- No 10. W~l proJec~ have a ~Jor effect on exis~Ln~ or future recreational oppor~i~ioa? · · . Yes-- No 11. Will project result'in ~jor ~raffic problems or cause a major effect to existing transportation 12. Will proJec~ reg~arly cause objectionable odors, noise, glare~ vibration, or elec~rical dis%~F~ ante as a res~$ of ~he proJec%'s opera%ion? & Yes . 13, Will proJec~ have any impac~ on public health or safe%y? · , , , , . , , . , , , Yes ~o l&. Will proJuc= Affec% the exis%in~ co~unx%y by directly causxn~ a~6rowth Jn permanent %ion of more ~han percent over a cn~yuar / period or have a major negative effect on charac%e~ of =he co~uni%y or neighborhood?, · Yes o