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HomeMy WebLinkAbout3439 Southold Town Board of Appeals HAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I.. N.Y. llCJ'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No.3439 Application ~ C0mp]eted April ]4, ]987 TO: ~atricia C. Moore, Esq. Edson & Bruer as Attorneys for MR. AND MRS. ARNOLD Main Road Southold, NY 11971 BLAIR [Appellant(s)] At a Meeting of the above on your the Zoning Board of Appeals held on June 30~ ]987, appeal was considered, and the action indicated below was taken [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section -[X] Request for VarianceSto the Zoning Ordinance Article III, Section ]00-3], Bulk Schedule [ ] Request for Application of ARNOLD AND KAREN BLAIR. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two proposed parcels in this pending division of land located at Cedar Lane (and Pine Place), East Marion, NY; "Map of Section 2, Gardiners Bay Estates" Map No. 275, Lots 156, 157, 158, 159, 160, 167 thru 172, inclusive, 151, 153; County Tax Map Parcel No. 1000-037-7-10.2. WHEREAS, a public hearing was held and concluded on May 21, 1987 in the Matter of the Application of ARNOLD AND KAREN BLAIR under Appeal No. 3439; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is a 95,000± sq. ft. vacant parcel of land located at the easterly side of Cedar Lane, East Marion, in the Town of Southold, having a frontage of 208.71 feet along Cedar Lane, a partly traveled road, and frontage along the ordinary highwater mark of Gardiners Bay of 326 feet. 2. The subject premises is referred to as Lots 156, 157, 158, 159, 160, 167, 168, 169, 170, 171, 172, 151 and 152 on the "Map of Section 2, Gardiners Bay Estates," filed in the Suffolk County Clerk's Office as Map No. 275 on September 23, 1927. To date, no town action has been taken concerning exemption of the lot area of the subject premises, and accordingly is subject to the requirements of Article III, Section 100-31, and Bulk Schedule. (CONTINUED ON PAGE TWO) DATED: June 30, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page'2 - Appeal No. 3439 Matter of ARNOLD AND KAREN BLAIR Decision Rendered June 30, 1987 3. By this application, appellants request the following relief: (a) insufficient total lot area of proposed Parcel #1, including a substantial amount of land underwater and a 30 ft. wide paper street known as "Beach Court" on the 1927 County Subdivision Map, of 53,000 sq. ft., (b insufficient total lot area of proposed Parcel #2, including a substantial amount of land underwater and a 30 ft. wide paper street known as "Beach Court" on the 1927 County Subdivision Map, of 42,000 sq. ft.; (c) insufficient lot width of proposed Parcel #1 and #2 of 117.30+ feet and 134.50± feet, respectively. 4. Article II1, Section lO0-31, Bulk Schedule of the Zoning Code requires a minimum lot area of 80,000 sq. ft. and minimum lot width of 175 feet. It is also noted that the minimum set- backs for new principal structure(s) in this District is 60 feet from the front line, 75 feet from the rear line, 75 feet from the nearest wetland grasses, or water, whichever is closer, and sideyards at 20 and 25. 5. The percentage of relief requested from the minimum lot area requirement of 80,000 sq. ft., when including all lands below the ordinary highwater mark and paper streets as shown, is 27,000 sq. ft. for Parcel #1 and 38,000 sq. ft. for Parcel #2. The percentage of relief requested from the minimum lot width requirement of 175 feet is 50 feet and 40.40 feet, Parcels #1 and 2 respectively. 6. It is the opinion of this Board that the relief requested is substantial, being a variance of 34% and 47%, Parcels #1 and 2, respectively as to lot area. The total lot area as exists without the variance is not excessive of the Town requirement of 80,000 sq. ft. and does not overburden the property owner. 7. Also noted is the fact that the highwater mark as shown on the 1927 County Subdivision Map is reflected along the most southerly (rear) property lines of Lots 167 through 172, inclusive. The recent survey as amended November 18, 1986 indicates the ordinary highwater mark above the northerly lines of Lots 167 through 172, with fragmite wetland grasses upland. The elevations above mean sea level of the premises varies from zero to six feet along the west property line and zero to seven feet along the east property line. The subject premises is a very environmentally-sensitive area and is located in partly in the A-7 (El. 9) and V-8 (El. ll) Flood Zones. In considering this application, the Board also finds and determines: (a) the percentages of relief requested as to lot area and lot width are substantial and would in effect establish a zone district completely at odds with all other zone districts provided for in the zoning code and zoning map; (b the premises was conveyed to the applicants on or Page 3 Appeal No. 3439 Matter of ARNOLD AND KAREN Decision Rendered June 30, BLAIR 1987 about July 25, 1983 subsequent to theenactment of the current 80,000 sq. ft. zoning requirements, and the circumstances are not unique; (c) the difficulties claimed are not sufficient to warrant a grant of the relief requested; (d) the character of the immediate area will be affected by the granting of the variances requested; (e) the environmental nature and history of this property does not lend to the reasoning for increased sity and housing; den= (f) in view of the manner in which the difficulties arose and in consideration of all the above factors, the interests of justice will best be served by denying the variances applied. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to DENY the relief requested in the Matter of the Application of ARNOLD AND KAREN BLAIR under Appeal No. 3439, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN July 7, 1987 RECEIVED AND TH3; SOOTHOLD TOWN NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SCUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main ~Road, Southold, New York, on THURSDAY, MAY 21, 1987~ at the following times: 7:35 p.m. File No. 3624 - ERNEST TARMIN. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct accessory structures with a setback of less than 100 feet from bluff/bank along the Long Island Sound. Location of Property: Right-of-way off the north side of Main Road, Orient, NY; County Tax Map Parcel ID No. 1000-14-2-1.1. 7:40 p.m. File No. 3625 - PUDGE CORP. Special Exception to the Zoning Ordinances Article VIII, Section lO0-80(B) for permission to constr~c~ one-story "mini-storage" buildings in this "C-Light" Industrial Zoning District. Location of Property: East Side of Horton's Lane, Southold, NY; County Tax Map Parcel ID No. 1000-62-01-10. 7:45 p.m. File No. 3626 NORTH FORK EARLY LEARNING CENTER. Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[3] for permission to establish private (nur~er~) s~hool [or day-care center], as a nonprofit organization: at premises referred to as the "Veterans Community Center," north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, Mattituck, NY; County Tax Map Parcel ID No. 1000-140-2-39. 7:50 p.m. File No. NORTH FORK EARLY LEARNING CENTER. Variance to the Zoning Ordinance, Article III, Section 100-30(B)[3] subsections (a) and (d), for permission to establish nonprofi~ private (nursery) school [or day-care center] within existing building which is set back less than 50 feet from Pike Street, and upon premises having less than five or more acres, referred to as the "Veterans Community Center," north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, Mattituck, NY; County Tax Map Parcel ID No. 1000-140-2-39. 7:55 p.m. File No. 3630 - JOHN KRAMER AND WAYNE DePETRIS. Variance to the Zoning Ordinance, Article III, Section 100-60(C)[2] for permission to replace existing groun~ sign., the ~ower edge of Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting - May 21, 1987 which shall be less than 'four feet above the ground. Location of Proper~y: 54985 Main Road, So~thold, NY; County Tax Map Parcel ID No. 1000-62-1-5. 8:00 p.m. File No. 3629 IRWIN AND SONDRA THOMPSON. Variance to the Zoning Ordinance, Article VI, Section 100.-62(E) and Article VII, Section tO0-71, for approval of an insuffidient sideyard setback to an existing structure and proposed new structure resulting from an alteration in ~he location of lot line of abutting p.arcel To the east. Zone Dis~rict~ ~'B-1 General Business." Location of Praperty: Co~ner of north side of Main Road and east side of Boisseau Avenue, Southold, NY (Thompson's Emporium); County Tax Map Parcel ID lo. 1000-63-03-08. 8:05 p.m. File No. 3586 - ROBERT AND HELEN DIER. Soecial Exception to the Zoning Ordinance, Article III, Section 1004 30(B)[16] for permission to establish "Bed and Breakfast Use,~' an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transien~ roomers, and renting of net more than three rooms, ~n conjunction with presen~ single-family use and accessory apartment use established under Appl. No. 3597 March 5, 1987. Location of Property: 355 Terry Lane, Southold, NY; County Tax Map Parcel No. 1000-65-7-20. 8:15 p.m. File No. 3439 ARNOLD AND KAREN BLAIR. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two proposed parcels i~ this pending division of land located at Cedar Lane (and Pine Place), East Marion, NY; "Map of Section 2, Gardiners Bay.Estates'~ Map No. 275, Lots 156, 157, 158, 159, 160, 167 thru 172, inclusive, 151, 153; County Tax MaD Parcel No. 1000-037-7-10.2. 8~5 p.m. ~le No. 3412~JAMIN HERZWEIG ant WILLIAM MO0~. Va~gce to the Z~f~ Ordinance, Article~XT, Sec-~io~ with an insuffi~setback from nearest wetland grasses/a~eas. Location o_f~operty.~st Side (#375) Meadow Lane, Mattit~ck, NY; Ma~f M~titu~ Esta~t~e.s~#4453, Lot 42; County Tax Map Par/1 No ~ 000-1 t 5--.05-007. ~ 8:20 p.m. File No. 3543 PETER AND BARBARA HERZ. Variances to the Zonin~ Ordinance, Article XI Section 100-119 2 for permis- ] ' . sion to locate new single-family dwelling with insufficient setbacks from existing bulkhead and from highwater areas along Midway Inlet and ~og Neck Bay, premises referred to as 70 Cedar Point Drive, Southold, NY; Cedar Beach Park Map, part of Lots 152 and llO; County Tax Map Parcel No. 1000-90-02-13.1. Page 3 Notice of Hearings Southold Town Board of Appeals Regular Meeting ~ May 21, 1987 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 will not start before the time allotted. Written comments may be submitted prior to the con- clusion of the subject hearing.. For more information, please call 765-1809. Dated: May il, 7987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary CoDies to the following on or about 5/11/87: Suffolk Times (personal delivery) L.I. Traveler-Watchman (personal delivery) Town C~erk Bulletin Board Z.B.A. Office Bulletin Board Mr. E~nest Tarmin, Box 2043, Main Road, Orient, NY t1957 Mr. James L. Gray, Sr., President, Pudge Corp., lO40 Horton La, Sld, NY ll! Mr. and Mrs. Glen Molter, North Fork Early Learning Center, Box 1053, Mattituck, NY 11952 Mr. John J. Kramer Mr. Wayne DePetris P.O. Box 1406, Southold, NY l1971 Philip J. Cardinale, Esq. (Attorney for ,~Irs. Dunold Dean~ Mr. Garrett A. Strang, R.A. (Agent for Thompson's Emporium), Box 1412, Main Road, Southold, NY 11971 Mr. and Mrs. Robert Dier, 355 Terry Lane, Southold, NY l1971 John M. Wagner, Ese., Box 279, 108 E. Main St., Riverhead, NY llgO1 J. Kevin McLaughlin, Esq., 828 Front St., Box 803, Greenport, NY 11944 Rudolph H. Bruer, Esq., Main Road, Southold, NY Il971 (Attorney for Blair) Patricia C. Moore, Esq. (Rudolph H. Bruer, Esq.), Attorney Mr. and Mrs. Peter Herz, Main Road, SoutholC, NY 11971 J. Kevin McLau§hlin, Esq. (Attorney for Mr. Blair) Box 803, 828 Front Street, Greenport, NY 1194~ Richard J. Cron, Esq., Main Road, Cutchogue, NY 11935 for William D. Moore, Esq., Clause Commons, Suite 3~'Box 23, Mattituck (Herzweig & Moore Application) 11952 Individual ZBA files ZBA Members with copies of files Building Department (Vic Lessard) ! FORM NO. 3 ' TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.y, NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated...~.~ ...~.....~P. .........., 19.~.~. for permit to ~,, .~..~.. ................................................. at Location of Property ...... . .Q&...~2~.... ,~...~*'~...~. ..... . .~...~..~...~,.. ,~:...~.~...~,O~., ~'~Y~. House No. Street Hamlet County Tax Map No. 1000 Section ...~..~. ?. ...... Block .....~5.~. ..... Lot .. ~ .... Subdivision ................. Filed Map No ................. Lot No .............. is returned herewith and disapproved on the following grounds.....~...'. ~c~,..~...~..29.~..~.. -..~/..~.~.~,....0~... ~..~ ~ .~.:.a ~.. ~.-.~-~...~.~.'..~ Bu±ld±ncj Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING iNSPECTOR TO THE Z~I~Ii~G BoA'RD ~ APPEALS, TOWN OF SOUTHOLD, N. Y. ARNOLd) BT.A R aha DATE .... 1, (We~A.R. EN...H. ,... ~L A.~R.,..,'ki s- .w£ f ~ ........... of 3.81...Eaa .t~...4.7. tk ..$.~ ~.~e.% ............................. Name of AISpellont Street and Number Municipality ............................ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON . .VACANT LAND C.O. APPLICATJON FO R~ ~ IK~m~ -"BIO ..................................... DATEI~ ~ ~...,3..0--'~.:. ~.,9.,8. .5.. ........................ WHEREBY THE BUILDING INSPECTOR DENIED TO I ED$O~..&...B~U~R..a/.c..A:n.al~/F~ar.en...Bl.air Name of Applicant for permit of (~.o.~,.) ...ICm_,a.i ~... R.a a.cl + ~..S .o. tl ~:hQ ld., ...~.,.~., ......................................................... Street and Number Munic ipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO SUBDIVIDE LOCATION OF'THE PROPERTYq~.E..~.~ff.~...~..~...~.~.....-~-...~Z.~.:~Z.: ...... Street Use District on Zoning Mca #.225...p/D...15~l.,.p/~.,1.53.,....~56..m..~.~.Q ........ Map No. Lot No. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quo~e the 0rdinanceJ Article III Section 100-31 & Article II Section 106-20 3. TYPE OF APPEAL Appeal is mace herewith for (×) A VARIANCE to the Zoning Ordin<:nce or Zoning Map ~ I A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art, 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal ~ol~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ~ request for a special permit r ) request for a variance anc was made in Appeal No ............................... Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to me Zoning Ordinance ~s requested for the reason that Appellant would be unable to divide the subject property without a variance for insufficient area. (See 4/9/84 ~esolution of Planning Board, made par~ of this application). Form ZB1 (Continue on other side) REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultibsorun~ce~- sary HARDSHtP becau~ Appellant would be unable to divide the subject property into t~o building lots which conform in area and configuration with the surrounding properties in this neighborhood. 2. The hardsk ~createdis UNIQUEand isnotshared by all Draperies alike in the immediate vicinit~ of this property and in this use district because The original 1/2-acre "filed map" lots were not held in single and separate ownership at the time one-acre zoning came into effect and these lots merged under title, as "Map of Gardiners Bay Estates Sec. II" is not an excepted subdivision. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The spirit of the ordinance zs to control the creation of ~er- sized lots. Many, if not most, of the lots in the surrounding area are of similar size and configuration to the proposed lots, there- fore the proposed lots would not represen5 a change in the character of the district. STATE OF NEW YORK ) ) ss COUNTY OFSUFFOLK ) Signature Sworn tc this ........... ~,~.. ........................ day of ...... Ng%Zealb.er ............................... i985 Notary Pubhc I'IOTARy PUBLIC, State of New Yol~ No. 52-46§5242, Suffo PROPERTY OWNER STREET VILLAGE RECOI D CARD FORMER OWNER N E ACR. SUB, LOT S RES. L~EAS. Vb ~// FARM LAN D IMP. TOTAL DATE IW TYPE OF BUILDING COMM. CB. MICS. Mkt. Value REMARKS /~-¢7 - /?~ //dO //d o / / o/30/7 ~ t T AGE [ BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Volue Ac re FRONTAGE ON WATER Woodland MeadowJand DEPTH House Plot ! ............. 5 .................. BULKHEAD Total [ DOCK P~I~OPERTY STREET' oWNER I N S VILLAGE E W RECORD CARD O,ST~,C~ suZ--=~Lo; ACREAG[ TYPE OF )UILDING LAND ,~o o SEAS. AGE NEW Farm Tillable ! Tilloble 2 Tilloble 3 Woodland Swampland i3rushlond House Plot Totot IMP. FARM TOTAL DATE / /o/3'~/?£/ COMM. REMARKS BUILDING CONDITION NOEMAL BELOW ABOVE FRONTAGE ON WATER Acre ValUe Per Acre Value FRONTAGE ON_ ROAD c~/4 ~'_._~d_ ._~ DOCK LAND ! IMP. VL. ~/~ FARM COMM. CB. MICS. TOTAL DATE AGE BUILDING CONDITION NEW ~ NORMAL BELOW ABOVE FARM Acre Value Per } Vclue Acre ¢ / TiliaNe Woodland Meadowbnd House Plot TotaJ FRONTAGE ON WATER "~ (.~ ' I FRONTAGE ON ROAD DEPTH BULKHEAD DOCK 137 / 3~ % ) 0 I -'-.. [G /P ItENRY 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 August 28, 1987 TELEPHONE (516) 765-1592 Mr. Arnold Blair 301 East 47th Street - Apt. 21 A New York, New York 10017 Re: Permit No. 325 Dear Mr. Blair: Your recent request to extend the above referenced permit has been reviewed at the Trustee meeting held on August 27, 1987. Your request has been approved by resolution, adopted at this meeting, for a period of one year. Your permit will exI~i'~b on August 28, 1988. This letter is an amendment to the original permit and as such, shall be attached thereto. All other terms and conditions remain as written in the original permit. Very truly yours, Henry P. Smith, President Board of Town Trustees tlPS:ip cc: Robert A. Greene, D.E.C., Stony Brook Commissioner Henry G. Williams, D.E.C., Albany Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management Conservation Advisory Council Bldg. Dept. Board of Appeals~/' File DEPARTMENT OF PLANNING COUNTY OF SUFFOLK Michael I. LoGrande August 6, 1987 Mr. Gerard P. Goehringer, Chairman Town of Southold Zoning Board of Appeals Southold Town Hall - Main Road Southold, New York 11971 Re: Application of "Arnold and Karen Blair" (#3439), Town of Southold (SD-87-16). Dear Mr. Goehringer: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the Suffolk County Planning Comission on August 5, 1987, reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following reasons: 1. It constitutes a self imposed hardship; It would alter the character of the area and establish a precedent for the continuance of such a practice in the locale and throughout the Town of Southold; Environmental constraints preclude intensified residence use of premises; and It would only tend to undermine the effectiveness of the zoning ordinance. The Comission wishes to reemphasize support for the proposed Town Master Plan particularly as relates to consideration of Town Planning Board concerns in deliberations of such minor subdivisions. Very truly yours, Lee E. Koppelman Director of Planning Geral-'d"~'. Newman Chief Planner GGN:mb APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals WAIN ROAD- -~TATE ROAD 25 SDUTHDLD, L.I., N,Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XItI of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×X Variance from the Z~ning Code, Article zII, Section lO0-3Z Bulk Variance from Determination of Southold Town Special Exception, Article , Section Schedule Building Inspector Special Permit Appeal No.: 3439 Applicant: Mr. and Mrs. Arnold Blair Location of Affected Land: Cedar Lane, East Marion, NY County Tax Map Item No.: 1000- 37-7-10.2 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 Boundary of Existing or Proposed CouDty, State or Other Recreation Area Federally OwGed Federal Park or Lan~ or Existing or Owned by the Lines, Within Within Proposed Right-of Way of Any Stream or Drainage Channel County or for Which The County }las Estab]i~,hed Channel One Mile of a Nuclear Power Plant One Milo of An Airport. app~ovql of requesting ~~x~._i~l~~_~_rea COMMENTS: Applicant is ~D~dth of two prcposed parcels in this pendinq division of land Copies of Town file and related doculnen~s enclosed for your revi~.w. Dated: July 8, 1987 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE OOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWiCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 Isr'IUTHI-1LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 July 8, 1987 Patricia C. Moore, Edson & Bruer Main Road Southold, NY 11971 Esq. Re: Appeal No. 3439 - Arnold and Karen Blair Dear Pat: Transmitted herewith for your records recent findings and determination rendered matter. (Variance) is a copy of the in the above Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Department Planning Board Suffolk County Planning Commission TO~ OF SOUTHOLD I~; THE MATTER OF ARC, OLD AMD KARE;~ BLAIR THURSDAY, ~Y~21, 1987 PUBLIC HEARING 9:22 p.m~ Appeal No. 3439 Public Hearing commenced in the Matter of ARNOLD AND KAREN BLAIR. Variances for approval of insufficient area and width of two proposed parcels in this pending division of land. Cedar Lane (and Pine Place), East Marion, Map of Section 2, Gardiners Bay Estates, Lots 156 through 160, 167 through 172 incl., 151, 153. The Chairman read the legal notice and application for the record. CHAIR~N GOEHRINGER: I have a recent copy of a map proposed Novem- ber 4, 1983 and amended November 18, 1988 by Roderick VanTuyl, P.C. 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? MS. MOORE: We seek °a variance from the bulk and parking require- ment after additional recommendation by the Planning Board and the D.E.C. approval to be subdivided and construct a single family dwelling intended to be 75 to 100 feet from tidal wetland. I counted as exhibit "A", rather than walk back and forth, I'll give it to you all at once. It's the D.E.C. permit that permits a con- struction for the subdivision and construction. %~e would like to point out to the Board that the proposed Master Plan has this proper-. ty as a one acre or 40 thousand square foot parcel. Therefore, it is in conformity with the character of the neighborhood as evidenced by the proposed Master Plan and I do have a copy. As exhibit "B", I have the proposed Master Plan with highlights of yellow, the area where the lot is located. I'd also like to point out that the sur- rounding properties are an average of 100 by 100 feet or 10 thousand square feet parcels as shown on the tax map which I photocopied the tax map. That's the larger tax map at the Assessor's Office. It doesn't show this parcel. I indicated where it would be but it does show the surrounding parcels and you will see that the entire area consists of quarter acre lots and half acre lots and that will be exhibit "C". If you notice from the survey, the properties (at one time) were subdivided into quarter acre parcels. That was from a 1927 subdivision map that was filed but somehow or another it's confused whether it's been grandfathered or not. Over time, the properties did merge into the one owner; Gardiner's Bay Co., Inc. and their property was then sold to Mr. and Mrs. Blair. The par- cels to the south were eroded over time and have been elongated by way of erosion. So that what remains are the two parcels or the parcel size set off that we have before you. CHAIRMAN GO~GER: Are there any ~ipa~aB rights there in these two? Page 2 - May 21, 1987 Public Hearing - ArnJ and Karen Blair ~outhold Town Board o~/Appeals MS. MOORE: Of the water? I don't really know to be quite honest. I don't know if anybody has been claiming rights. As was stated in the application, the upzoning was intended to slow down the growth and the development but not to merge the property of care- less owners. And that's what, in this case, occurred. This ap- plication will not create a significant effect on the increase population density. You're only creating one additional lot. And we have the Health Department and D.E.C. approval for the proposed set off. We have all the requirements at this point and we need the relief from this Board. At this time, we request that you grant us this approval to set off the two parcels or the parcel. CHAI~N GOEHRINGER: While I have you up here, have you done a sketch for us and what parcels are presently merged and houses are on and maybe you can answer these questions for me or you can take them down and give us the answer later. Is there a house on 7 and 8? MS. MOORE: If I could just use the table, it might help. These are the exhibits, "A", "B" and "C". CHAIRMAN GOEHRINGER: I'm referring to exhibit "C". MS. MOORE: Ok. This is the subdivision. It doesn't show where this property is. It does show the adjoining property. I think, on the survey, it might be better indicated. CHAIRMAN GOEHRINGER: What I was referring to .... MS. MOORE: If I can't answer it, I'll try to answer it for you in the meantime. CHAIRMAN GOEHRINGER: I'll show you a copy of ours. I want to know if there is a house on 7 and 8 or if there is a house just on 7, 16, 15, 14, 13, 12.1, so on and so forth. MS. MOORE: You want to know if houses are on all of those? CHAIRMAN GOEHRINGER: I want to know if these lots are merged and if there are houses or if the lots are merged themselves. And where are there houses. Are these vacant parcels? I assume you can get that from the Assessor's Office. MS. MOORE~ Yes. I would have to do that. Linda, can I come by and just make a copy of what you need? BOARD CLERK L KOWALSKI' Sure. Tomorrow CHAIRMAN GOE}~INGER: SEcondly, is ~t our'understanding that Gar- diner's Bay Estates is not on the excepted list? Is that the rea- son that precipitated this application? MS. MOORE: Yes. CHAIRMAN GOEHRINGER: It's not on the excepted list. MS. MOORE: That's all? 'Page 3 - May 21, 1987 . Public Hearing - Arn~ and Karen Blair . Southold Town Board WAppeals CHAIRMAN GOEHRINGER: Well, no. I know that these here in the back are not constructed on. This is primarily vacant. It ap- pears to be because I was up there. MS. MOORE: Are you asking about the whole subdivision that is Gar- diner's Bay Estates? CHAIRMAN GOEHRINGER: Just down in that area there because you had mentioned in your presentation that they were quarter lots and they are really somewhat larger than quarter acre lots because some of them are merged. MS. MOORE: Right. I was lots throughout the whole of these are 155 by 128. 10 thousand square feet. primarily talking about, in general, the subdivision. Not necessarily .... Some So they vary in size but they're of the CHAIRMAN GOEHRINGER: Is there any specific reason why the proposed footprints are so far back to the rear of the property? Is it for the purpose of the topographical height above sea level? MS. MOORE. I believe it was for the purpose of the D.E.C. that we suggested a proposed house location which was what they wanted to see. That's typically done by the surveyor and I don't really know if that was .... CHAIRMAN GOEHRINGER: Could you ask him that question for us? MS. ~ORE: Yes. Building lot footprint. CHAIR~N GOEHRINGER: And does that conform to the present zoning requirement? In other words, these are one acre lots. What do we have for a setback (Victor) on one acre lots? Fifty feet? MR. [E$$ARD : More than one acre would be 50 feet. CHAIRMAN GOEHRINGER: What about frontyard? MR. [£5$ARD : Same thing. MS. MOORE: The properties, I believe these are all on the water. They would require having to come back for a construction permit from the trustees and the Zoning Board and the D.E.C. I don't think we could put a house any further than 75 feet from any water body. CHAIRMAN GOEHRINGER: The only other thing was 280-A status to the property. It appears to be macadam Road. I don't know if it's con- tiguous to that macadam Road. I couldn't make that determination by looking at it. And for the record, I've never seen more hella- tius poison ivy on a piece of land. MS. MOORE: I've never seen such crazy surveys. Page 4 - May 21, 1987 Pub'lic Hearing - Arn~ and Karen Blair Southold Town Board o~TAppeals CHAIRMAN GOEHRINGER: Alright. That's it right at the moment. Is there anybody else who would like to speak in favor of the appli- cation? Anybody like to speak against the application? Questions from Board members. We'll make a motion closing the hearing pend- ing the receipt of that information that you are going to give us. Thank you for coming in and giving us that information. Ail in favor - AYE. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE~/3~/$7 HOUR ~:'-~-~'"'~ - 6/% ....... ~.~, ~--'~ Town Clerk, Town of Sout~i%l_d Arnold Blair 301E. 47 Street Apb° 21 A New York, NY 10017 NEI4YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Regulatory Affairs Unit Building 40, SUl~--Room 219 Stony Brook, New York 11794 (516) 751-7900 March 31, 1986 RE: Permit No., Location ~a-a3-~357 Pine Place and o~aar ~ne ~2/ENDMENT TO PERMIT Dear Mr. Blair: xx.x Your recent request to extend the above permit bas been reviewed pursuant to 6NYCRR, Part 621. It has been determined that there bas mot been a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; therefore, the expiration date is extended to December ~1. 1987 Your recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that the proposed modifications will not. subatantiallychange the scope of the permitted actions or the existing permit conditions. Therefore, the permit is amended to authorize: This letter is an amendment to the original permit and as such, shall be posted at the Job site. Ail other terms and conditions remain as written in the original permit. Very truly yours, Alternate Regional Permit Administrator CTH:DDR:co's N~ YORK S?A~ D~AR~ Building ~0, SI~NY--Room 219 Stony Brook, NY 11794 (516) 751-7900 ~L~;DMENT TO PERMIT I~: Permit' No'. ' ' ' 21 3~ntember 19q3 Mr. ~- Irs~ Arnold 91air 301 5act 47 Street New York, %ew York 10017 Dear Mr. ~ Mrs. Bla~r~ Your recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 62~. It has been determ/ned that the proposed modifications will not substantially chanEe the scopeof the permlcted actions or the existinl permit · ...... conditions; Therefore, the permit is amended to authorize: This letter is an amendment to the original permit and as such, shall be posted at the Job site. A/1 other terms and conditions remain as written in the original permit. Very truly yours, ' .... DJL:eZ Daniel J. Larkin R~g~o_nal Permit A~inistrator 10-83-0357 ~dward ~eutch 87 Be].]ow~ Lane M~nhasz ~l New York 11030 Be_~W._e.eL_~_P~n~e '~lacc. and Cedar ~ane a~ ~(71:M No, 1000r~2=F~5, 6 Subdivid~ a 2,5 acre parcel igto gwo loCs, fill the iota ~-apprmxi~ta[y 500 cubic yards ~,ch and construct one f~mily dwelling and sanitary s}'stem on each a minimum of 75' and 100' respectively trom tidal wetlands. .... E. Mar;ion . S~uthold ........ Scffol~. ~ ._ i . 12/31~84 16, There is to be no d:[srurbz~mce to \,egetatlon or Lopography within 50' wetlands or the mean h~gh water mark whichever ~s more landward. of tidal 17. Ail fill is to be kept ;i minimunl of 75' from me~..~t high water and that the fill be contained by a rctainJ~q~ wail and placed -a]y ~ the vicinity of the proposed home, NOTE: It is advised that f~lling be kept to ,~ t;~lnlmum and that the perspective buyer look into placing residences on piles in accordance with local flood zone regulations. Attached A-J DJL:J f cc: File Attachments ~ 7/1B!8_3 ........... ~ Daniel J. Larkin ................ ~SDEC, Building 40, SUNY, Stony 08-~ Spring Pond FOX Ot?I£N T SEE SEC June 24, 1987 Gerard P. Goehringer, Chairman Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Appeal No. 3439 - Arnold and Karen Blair Premises: East Marion, N.Y. Dear Mr. Goehringer: In response to your letter of June 17, 1987 (copy enclosed), we submit herewith the following: 1. A listing of the area lots, including: tax map number, improved or vacant status, owner name and address and date of transfer for each lot. 2. An enlarged copy of the Suffolk County Tax Map whereon each lot is indicated by owner name, date of transfer and its improved or vacant status. Should you find the above information insufficient in any way, please contact the undersigned immediately. We await your determination in this matter. Sincerely, ~'~atricia C. Moore, Esq. PCM/df Encs. cc: Mr. and Mrs. Arnold Blair William H. Price, Jr., Esq. RE: Arnold and Karen Blair Appeal ~3438 Tax Map No. Owner Name & Address 1000-37-4-4 Improved) L.I. Trust Co., as Trustee 82 Seventh Street Garden City, N.Y. 11530 1000-37-4-5 Vacant) Peter Neyland 115 Broadway Rockville Centre, N.Y. 11570 1000-37-4-6 Improved) Peter Terranova Box 77, 280 Sound Avenue Peconic, N.Y. 11958 1000-37-4-7 Improved Ellen Pihl Box 201, 2235 Cedar Lane East Marion, N.Y. 11939 1000-37-4-8 Improved John Terwilliger 738 NE 72 Terrace Miami, Fla. 1000-37-4-9 Improved William Parrott 37-15 Parsons Blvd. Flushing, N.Y. 1000-37-4-10 (Improved Nancy Stein 5 Woods Witch La. Chappaqua, N.Y. 1000-37-4-12.1 (Improved William Kapuler 75 Remsen St. Brooklyn, N.Y. 1000-37-4-13 (Improved Kenneth Thornhill East Marion, N.Y. 11939 1000-37-4-14 (Vacant) Dan Abott 26 Sycamore St. West Hempstead, N.Y. 11552 1000-37-4-15 (Improved) Dan Abott & wf. 26 Sycamore St. West Hempstead, N.Y. 11552 1000-37-4-16 (Improved) Arthur Seeman Box 227 East Marion, N.Y. 11939 1000-37-7-1 (Vacant) Filomena Capogna 206 N. Popular St. North Massapequa, N.Y. 1000-37-7-4.1 (Improved) Kenneth Thornhill East Marion, N.Y. 11939 Arthur Seeman East Marion, N.Y. 11939 Marie Seeman East Marion, N.Y. 11939 1000-37-7-7 (Vacant) 1000-37-7-8 (Vacant) 1000-37-7-9.1 (Improved) Thomas Apnea 6400 Allison Rd. Miami Beach, Fla. 1000-37-7-10.2 (Vacant) Blair (Appellant) Date of Transfer 11-23-70 3-7-71 Info. unavail. 10-15-76 9-22-76 10-12-79 12-10-73 10-20-71 4-8-58 Info. unavail. Info. unavail. Info. unavail. 5-9-73 4-8-58 12-5-61 12-5-61 1-17-78 2-8-83 Southold Town Board of Appeals MAIN RDAD- gTATE ROAD 25 gOUTHnLD, I-.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P* GOERRINGER, CHAIRMAN CHARLES GRIGONtS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI June 17, 1987 Patricia C. Moore, Edson and Bruer Main Road Southold, NY 11971 Esq. Re: Appl. No. 3438 - Arnold and Karen Blair (Variances) Public Hearing Held May 21, 1987 Dear Pat: This letter will acknowledge receipt of your letter with enclosures dated June 9, 1987, and will confirm our telephone conversation with your office (on June llth) that the Board is awaiting the following, pursuant to our hearing held on May 21, 1987 in the above matter: 1. Map showing the area lots held in single and separate ownership verses mergers (depicting names and dates of transfer); 2. Sketch showing the parcels in the area improved with dwellings. Since the hearing has been concluded, we must request the above information as soon as possible, and in any event not later than July lOth. Please keep us advised. lk Yours very truly, Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11971 IELEPHONE (5'16) 765 t809 APPEALS BOARD MEMBERS GERARD P GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR, ROBERT J, DOUGLASS JOSEPH H. SAWICKI June 17, 1987 Patricia C. Moore, Edson and Bruer Main Road Southold, NY 11971 Esq. Re: Appl. No. 3438 Arnold and Karen Blair (Variances) Public Hearing Held May 21, 1987 Dear Pat: This letter will acknowledge receipt of your letter with enclosures dated June 9, 1987, and will confirm our telephone conversation with your office (on June llth) that the Board is awaiting the following, pursuant to our hearing held on May 21, 1987 in the above matter: 1. Map showing the area lots separate ownership verses mergers dates of transfer); held in single and (depicting names and 2. Sketch showing the parcels in the area improved with dwellings. Since the hearing has been concluded, we must request the above information as soon as possible, and in any event not later than July 10th. Please keep us advised. lk Yours very truly, GERARD P. GO~HR~INGER CHAIRMAN MAIN ROAD June 9, 1987 Gerard P. Goehringer, Chairman Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Appeal No. 3439 - Arnold and Karen Blair Premises: East Marion, N.Y. Dear Mr. Goehringer: At the Zoning Board hearing on May 21, 1987, the board requested that I provide answers to the following: Question: What is the acreage of the surrounding properties as shown on the assessor's records ? Enclosed is a copy of the Suffolk County Tax Map, whereon the acreage of the surrounding properties is indicated (in RED). Mr. Blair's property (indicated in YELLOW) is substantially larger than other properties. As proposed, Lot #1 will be 1.33 acres and Lot #2 will be 1.05 acres. The proposed lots will be larger than the other properties on Pine place. Question: Why were the bulding envelopes on survey prepared by Roderick Van Tuyl, P.C. chosen to be placed as shown ? a) to facilitate placement b) to locate building area wetlands; c) to locate building area of the cesspools; as far as possible from tidal at highest topographical elevation. Question: What are the proposed set-backs ? Lot #1: Side yard - 135 feet to 1986 ordinary high water mark Front yard - approximately 25 feet to Cedar Lane Lot #2: Side yard - 160 feet to 1986 ordinary high water mark Front yard - approximately 60 feet from Pine Place G. Goehringer -2- June 9, 1987 Question: What is the status of the roads ? The roads are owned by Gardiner's Bay Estates Property Owner's Association, and exempt from Sec. 280A of the Town Law as Gardiner's Bay Estates subdivision was created in the 1930's, and the subdivision map duly filed and recorded with the Suffolk County Clerk. Thank you in advance for your consideration in this matter. Sincerely, Moore PCM/df Enc. cc: Mr. and Mrs. Arnold Blair william H. Price, Jr., Esq. COUNTY OF SUFFOLK NichselA~,LoSrande SUFFOLK COUNTY EXECUTIVE SOIL. AND WATER CONSERVATION DISTRICT STANLEY A. PAUZER DISTRICT MANAGER May 21, 1987 Hr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Hain Road Southold, New York 11971 Dear Hr. Goehringer: Regarding your request for our assessment of Appeal No, 3439 - Arnold and Karen Blair (Variances), please be advised that a site inspection was conducted on May 20, 1987. During the site inspection soil borings were made on each of the proposed lots to con- firm the soil mapping of the published Soil Survey of Suffolk County. The soils, as mapped are, Plymouth loamy sand on the eastern lot, Cut and fill land on the western lot, and Beaches along the southern half o£ both lots. These soils, excluding beaches, are rated as having few or no limitations regarding homesites and sewage disposal fields. However, the soil boring within the proposed lot of house #1 found this area had apparent- ly been filled with approximately 3 feet of hydrs~licfill - dredged coarse sand and shell fragments. Below the fill is a layer of fine silt loam which is heavily mottled. Pre- sence of mottles indicates poor aeration and lack of drainage. The reed grass - Phrag- mites com~uni$ which is abundant in this area is indigenous of poorly drained soils. A layer of fine silt loam under coarse sand will restrict the downward percolation of soil water; consequently, this could adversly affect a septic systems operation. A plan prepared by Roderick Van Tuyl, P.C., indicates that the first floor elevation of a house will be 10 feet above mean sea level (HSL), that the lot will be graded away from the house, and that a minimum of 8.5 feet above the ground water table is required to install the cesspools. The approximate ground water elevation is 1.2 feet HSL. With 8.5 feet required to in- stall cesspools, the finished grade above the cesspools would have to be 9.7 feet ~SL. This is approximately 4 inches below the proposed first floor elevation of the house. If the proposed grades are maintained, the minimum first floor elevation of the house would be elevation 12.7 feet HSL or almost 3 feet higher than planned, If you require any additional information, please contact our office. Sincerely yours, Thomas J. Hc~ahon Senior District Technician P D T D Southold, N.Y. 11971 (516) 765-1938 April 10, 1984 Mr. Irving Price 828 Front Street Greenport, NY 11944 Re: Blair East Marion Dear Mr. Price: The following action was taken by the $outhold Town Planning Board on April 9, 1984 at the regular meeting. RESOLVED that the Southold Town Planning Board ammend the minutes of the March 30, 1984 meeting to read: The Southold Town Planning Board has no objection to the lay out of the Blair subdivision located at East Marion, however, sketch approval is denied due to the insufficient area of the lots. 100-31 If you have any questions,please contact this office. Very truly yours, HENRY E. RAYNOR, JR. , CHAIRMAN eHOLD TOW~ PLANNING BOARD Southold Town Board of Appeals MAIN ROAD-STATE ROAD 2S SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS May 21, 1987 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination Of Non-Si~nificanc~ APPEAL NO.: 3439 PROJECT NAME: ARNOLD and KAREN BLAIR 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 applicatioQ pending for the same or similar project. TYPE OF ACTION: tX] Type-II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval of insufficient area and width of two proposed parcels in this pending division of land LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Cedar Lane, East. Marion, ~Y 1000-37-7-10.2 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessmen~ in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Information has been submitted by applicant or his agent indicating that the project will not involve the distnrbance of wetlands grasses or areas subject to flooding which may be considered wetlands. FOR FURTHER INFORMATION, PLEASE CO~TACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. (3) This is a 10t-line variance as regulated by Section 617.13. 6 NYCRR. mc APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H, SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2S SDUTHOLD, L.I., N.Y. llCJ71 TELEPHONE (516) 765 1809 May 8, 1987 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil and Water Conservation 127 East Main Street Riverhead, NY ll901 District Re: Appeal No. 3439 - Arnold and Karen Blair (Variances) Dear Mr. Pauzer: We presently have property owner proposes the attached surveyor's Roderick VanTuyl, P.C. an application pending n to subdivide premises as map amended November 18, whi ch the shown on 1986, by The southerly portion of the premises is shown below the ordinary highwater mark, and the building envelopes are shown at the higher elevation between five and six feet above mean sea level. The traveled access to these premises appears to be off Cedar Lane since Beach Court and Pine Place appear to be "paper roads." May we ask your assessment of this project? Enclosed for your perusal and file are copies of the Suffolk County Tax Map, survey map and DEC permit. The public hearing on this variance application has been scheduled for May 21st. If you are unable to respond in writing by that date, please feel free to contact us by telephone. Thank you for your assistance. Yours very truly, GOEHRINGER GERARD P. lk CHAIRMAN Enclosures April 21, 1986 Southold Town Zoning Board of Town Hall Main Road Southold, New York 11971 Appeals Att: Linda Kowalski, Secretary Re: Appeal No. 3439 Arnold and Karen Blair Premises: East Marion, N.Y. Dear Linda: Enclosed please find copy of DEC Tidal Wetlands Permit No. 10-83-0357 with attached amendments (3), which permit has an extended expiration date of December 31, 1987. Please make this submission part of the above referenced file pending with your office. Sincerely, ~R~dolphlH. Bruer RHB/df Enc. cc: Mr. and Mrs. Arnold Blair William H. Price, Jr., Esq. PERI ' IT 10-83-0357 . ~dwa.r0 ~geu_tch .87 ~Bel_l_o. wp.._Lane - _M,~!IM~s2,;!~/., Ne~ .Yqrk 11030 Sub~ivid~ .8 2,~ acre parc~%_jg.t.O.%W9 lo~$, fill _t~ lots_~appr~xi~tMy 500 cubic lards c.ch and construct one family dwelling and s~itary system on each a ~nimum of 75' and 100' respectively from tidal wetlands. There ~s to be ilo disturb~mce to vegetation or Lopography within 50' of tidal wetlands or the mean higl~ water mark whichever Js more landward. 17. Ail fill is to be kept ~ minimum of 75' from meu.'~ high water and that the fill be contained by a retaining wail and placed unly ir~ the vici~ity of the proposed home. NOTE: It is advised that f~lling be kept to a minhnum and that the perspective buyer look into placing residences on piles in accordance with local flood zone regulations. Attached A-J DJL:Jf cc: File Attachments i~,i r~t.ll~- ?~-iSA:~-E' .......... PERMit' ADMINIS'fRATOR ,yDRE SS DEC, Building 40, SUNY, Stony Broo~ m~ ii79~ NEI4 YORK STATE DEPARTHENT OF ENV~RO~AL CONSERVATION Building 40, SIINY--Room 219 Stony Brook, NY 11794 (516) 751-7900 21 September 1983 RE: Permit No. TO 10-83- 0357 Mr. & Mrs. Arnold Blair 301 East 47 Street New York, New York 10017 Dear Mro & Mrs. Blair: Your recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, the permit is amended to authorize: a change in the name of the permitee, from Edward Deutch to Mr. & Mrs. Arnold Blair. This letter is an amendment to the original permit and as such, shall be posted at the Job site. All other terms and conditions remain as written in the original permit. Very truly yoJ;rs, Danie%/ J. Larkiu Regional Permit Administrator DJL:cz NEW YORK STATE DEPART~ENT OF ENVIRONMENTAL CONSERVATION Building 40, SUNY---Room 219 Stony Brook, NY 11794 (516) 751-7900 AMENDMENT TO PERMIT EXTENSION OF EXPIRATION DATE RE: Permit No. Ur Your recent request to extend the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that there has not been a material change in environmental conditions, relevant technology or applicable law or regul- ations sinca the issuance of the existing permit, therefore, the expiration date is extended to I¥\f~O~x ~ [ ~ i~ ~ This letter is an amendment to the original permit and as such, shall be attached thereto, and a copy posted at ~e Job site. Ail other terms and conditions remain as written in the original permit. Very truly yours, Daniel-.T.-Larkin Regional Pekmit Administra~or DJL:cz Arnold Blair 301Ee 47 Street Ap~. 21 A New York, NY 10017 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Regulatory Affairs Unit Building 40, SUNY--Room 219 Stony Brook, New York 11794 (516) 751-7900 March 31, 1956 RE: Permit No., Location 1 n-~3-~357 Pine Place and O~(lar ~,sne AMENDMENT TO PERMIT Dear Mr. Blair: xxx Your recent request to extend the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that there has not been a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; therefore, the expiration date is extended to ~eaember %1. 1987 Your recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, the permit is amended to authorize: This letter is an amendment to the original permit and as such, shall be posted at the Job site. Ail other tems and conditions r-mmin as written in the original permit. Very truly yours, ~ Alternate Regional Permit Administrator CTH:DDR:co's Sent to: April 14, 1987 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Appeal No. 3439 Arnold and Karen Blair Dear Sirs: Pursuant to your letter of December 13, 1985, (a copy of which is enclosed), we submit herewith the following in completion of your requirements for the scheduling of a public hearing in this matter: 1. A copy of the subdivision map which has been endorsed with the approval of the Suffolk County Health Department. Four (a) (b) (c) (d) (4) copies of a survey indicating: building envelopes distances from the ordinary high water mark all wetlands and grass areas all varied contours north of the 5' contour shown on the 3/11/83 survey of this property. We await your notification of public hearing. Sincerely, Rudolph H. Bruor RHB/df Encso cc: Mr. and Mrs. Arnold Blair Southold Town Planning Board APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- BTATE; ROAD 25 BOUTHOI-D, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 December 13, 1985 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 3439 - Arnold and Karen Blair (Variance) Dear Rudy: This letter will acknowledge receipt and review of the above recent variance application at our December 12, 1985 meeting. The Board of Appeals will be conducting field inspec- tions and environmental reviews as required by state and local laws prior to scheduling this matter for a public hearing and subsequent to receiving the following requested information: , (l) N.Y.S. Department of Environmental Conservation approv, al, or letter of nonjurisdiction if applicable [Section 661.6 of the Tidal Wetlands Land Use Regulations] for this division; (2) Suffolk County Department of Health Services Article VI application and approval, or letter indicating previous approval; (3} If there are wetland grasses located on the premises, four copies of a modified survey showing all wetlands and grasses thereon; (4) Four copies of a sketch or a survey indicating the building envelopes and the distances from the ordinary highwater mark and all wetlands and grass areas., as well as all varied contours north o.f the 5' contour giveh on the survey of March ll, 1983. (The March ll, 1983 survey shows the ordinary highwater mark to be along the "Beach Court" boundary.) APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRtGONIS, JR. SERGE OOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 BOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 December 13, 1985 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 3439 - Arnold and Karen Blair (Variance) Dear Rudy: This letter will acknowledge receipt and review of the above recent variance application at our December 12, 1985 meeting. The Board of Appeals will be conducting field inspec- tions and environmental reviews as required by state and local laws prior to scheduling this matter for a public hearing and subsequent to receiving the following requested information: (1) N.Y.S. Department of Environmental Conservation ,~'~.,approval, or letter of nonjurisdiction if applicable [Section ~'661.6 of the Tidal Wetlands Land Use Regulations] for this division; .I (2) Suffolk County Department of VI application and approval, or letter approval; Health Services Article indicating previous (3) If there are wetland grasses located on the premises, four copies of a modified survey showing all wetlands and grasses thereon; (4) Four copies of a sketch or a survey indicating the building envelopes and the distances from the ordinary highwater mark and all wetlands and grass areas, as well as all varied contours north of the 5' contour given on the survey of March ll, 1983. (The March 11, 1983 survey shows the ordinary highwater mark to be along the "Beach Court" boundary.) Page 2 December 13, 1985 To: Rudolph H. Bruer, Re: Appeal No. 3439 - Esq. Blair Please feel free to call at any time if you have any questions. Yours very truly, GE~SqRD P. GOEHRIN~ER CHAIRMAN ~ By Linda Kowalski NOTICE OF HEARINGS ~ 8:00 p.m. Pile No. 3629 - NOTICE IS HEREBY~[~WIN A~D . 8ONDRA GIVEN, pursuant to Section 267 ~HOMPSON. Varmnce to the of the Town Law and the Code of Zoning Ordinance, Article VI, the Town of Southold, the follow- ing public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, South- old, New York, on THURS- DAY, MAY 21, 1987, at the fol- lowing times: 7:35 p.m. File No. 3624 - ER- NEST TARMIN. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for petrols- sion to construct accessory struc- tures with a setback of less than 100 feet from bluff/bank along the Long Island Sound. Location of Property: Right-of-way off the north side of Main Road, Orient, NY; County Tax Map Parcel ID No. 1000-14-2-1.1. 7:40 p.m. File No. 3625 - PUDGE CORP. Special Excep- tion to the Zoning Ordinance, Article VIII, Section 100-80(B) for permission to construct one- story "mini-storage" buildings in this "C-IAght' Industrial Zon- lng District. I,ocation of Prop- erty: East Side of Horton's Lane, Southold, NY; County Tax Map Parcel ID No. 1000-63-01-10. 7:45 p.m. File No. 3626 - NORTH FORK EARLY Section 100-62(E) and Article VII, Section 100-71, for approval of an insufficient sideyard set- back to an existing structure and proposed new str~cture re- sulting from an alteration in the location of lot line of abutting parcel to the east. Zone District: "B-1 General Business." Loca- tion of Property: Corner of north side of Main Road and east side of Boisseau Avenue, Southold, NY (Thompson's Emporium); County Tax Map Parcel ID No. 1000-63-03-08. 8:05 p.m. File No. 3586 - ROBERT AND HELEN DIER. Special Exception to the Zoning Ordinance, Article l[I, Section 100-30(B)1161 for per- mission to establish "Bed and Breakfast Use," an owner-oc- cupied building, other than a hotel, where lodging and break- fast is provided for not more than six casual, transient room- ers, and renting of not more than three rooms, in conjunction with present single-family use and accessory apartment use estab- lished under Appl. No. 3597 March 5, 1987. Location of Prop- erty: 355 Terry Lane, Southold, NY; County Tax Map Parcel No. LEARNING CENTER. Special 1000-65-7-20. Exception to the Zoning Ordi- ~"~8'15 o m Fi e No 3439-AR? nance, Article Ill, Section 100- [ NO'LDr~D KAR~N BLAIR. 301Bt[31 for permission to estab- [ Var ances to the Zoning Ordi- lish private lnursery) school lot, ~ nance, Article III, Section 100-t day-c~re ~entert, as a.nonprofit ~31, Bulk Schedule, for approval[ organlzatmn, at premises refer- [of insufficient area and width of[ red to as the"Veterans Commu- ]two oro~osed parcels in this~ mty Center, north s de of Pike ]* oending division of land located Street, east side of Wickham Ay- -Ix ~t Cedar Lane (and. Pine Place), enue, and south sidz of Hill ~ East Marion, NY; Map of Sec;, · [tion 2, Gardiners Bay Estates Street Mattituck, NY; County ] ~M~apNo. 275, Lots 156, 157,158, Tax Map Parce! ID No. 1000- 159, 160, 167 thru 172, nclu- 140-2-39. *tve, 151, 153; County Tax Map 7:50 p.m. File No. 3632- ~ Parcel No. 1000-037-7-10.2. NORTH FORK EARLY LEARNING CENTER. Vari- ance to the Zoning Ordinance, Article III, Section 100-301B){3] subsections (a) and (d), for per- mission to establish nonprofit private (nursery) school Ior day- care centerl within existing building which is ~t back less than 50 feet from Pike Street, and upon premises having less than tire or more acres, referred to as the "Veterans Community Center," north side of Pike Street, east side of Wickham Ay- enue, and south side of Hill Street, Mattituck, NY; County Tax Map Parcel ID No. 1000- 140-2-39. 7:55 p.m. File No. 3630 - JOHN KRAMER AND WAYNE DePETRIS. Variance to the Zoning Ordinance, Article Iii, Section 100-60tC112| for per- mission to replace existing ground sign. the lower edge of which shall be less than four feet above the ground. Location of Property: 54985 Main Road, Seuthold, NY; County Tax Map ID No. 100-62-1-5. 8:20 p.m. File No. 3543 PETER AND BARBARA ~ERZ. Variances to the Zoning Q~r~jnance Article XI, Section 100-119.2 for permission to lo- cate new single-family dwelling with insufficient setbacks from existing bulkhead and from highwater areas along Midway Inlet and Hog Neck Bay, prem- i~ referred to as 70 Cedar Point Drive, Southold, NY; Cedar Beach Park Map, part of Lots 152 and 110; County Tax Map Parcel No. 1000-90-02-13.1. The Board of Appeals w~ll 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 ~tart before the time al- lotted. Written commente may be submitted prior to the conclu- sion of the s~lbject hearing. For more informatiofl,~ple~se call 765-1809. Dated: May 11, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS uopsuo umu,l FATE OFNEWYORK ) ) SS: .OUNTY OFSUFFOLK ) '~Ck~.~~- . of Greenport, in lid County, being duly sworn, says that he/she is rincipal Clerk of THE SUFFOLK TIMES, a Weekly ewspaper, published at Greenport, in the Town = Southold, County of Suffolk and State of New )rk, and that the Notice of which the annexed is printed copy, has been regularly published in lid Newspaper once each week for eeks successively, commencing on the __ 14_t_._h ~y of ~ay 19 87 Principal Clerk Norn to b~j~re me this _/~ ./c'7" T ~on 267 of t~~'t~ co~ of the ~t~{~,,a,,~d~,hold~ the at ~ ~ M~ing ~t So~l~ ~ Hall, Main Road~ Southo!d, ~Y, on ~~ at th~ fol~ing tim~s: the ~ning ~dinance, Article XI, ~ion 1~119.2 for per- mission to construct accessory structu~s with a setback of less than 1~ f~t from bluff/ban~ along the ~ng lsl~d Sound. ~on of P~peHy: Right-of- way off the no~h side of Main Road, Orient, NY; County ~x Map Parcel ID No. 1~14-2-1.1. 7:~ p.m. File No. 3625- PUDGE CORP. Special Excep- ~o the ~6ing O~inance, Article VIII, S~tion I~-80(B) for ~rmission to construct one- story "mini-storage" buildings in this "C-Light" Industrial ~ning District. ~tion of JOHN KRAMER AND nVari~mce ce, .kr~i- cie II1, Section 100-60 ((2) [2] for ~- FO L K permission to replace existin~'v ground sign, the lower edge of {O R K which shall be less than four feet above the ground. Location of Property: 54985 Main Road, Southold, NY; County 'Pax Map Parcel ID No. 1000-62-1-5. 8:00 p.m. File No. 3629- IR- WIN AND SONDRA THOMPSON. Variance to the Zoning Ordinance, Article VI, Section 100-62(E) and Article VII, Section 100-71, for approval of an insufficient sideyard set- back to an existing structure and proposed new structure resulting SS: Property: East side of Horton's Lane, Southold, NY; County Tax Map Parcel ID No. 1000-63-01-10. 7:45 p.m. File No. 3626. NORTH FORK EARLY/ Exceptiou to the Zoning Or- dinance, Article III, Section 100--30(B)[3] for permission to establish private (nursery) school [or day-care center], as a nonprofit organization, at premises referred to as the "Veterans CoMmunity Center;' north side of Pike Street, east side of Wickham Avenue, and south side of Hill St~et, Mat- tituek, NY; County Tax Map Parcel ID No. 1000-140-2-39. 7:50 p.m. File No. 3632- NORTH FORK EARLY LEARNI'NG CENTE__~R._ Variance to the Zoning Or- dinance, Article 1II, Section 100-30(B) [3] subsections (a) and/ (d), for permission to establish non-profit private (nursery)school [or day-care center] within existing building which is set back less than 50 feet from Pike Street, and upon premises having less than five or more acres, referred to as the Veterans Commumty Center, north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, Mat- tituck, NY; County Tax Map Parcel ID No. 1000-140-2-39. 7:55 p.m. File No. 3630- being duly sworn, says that she is the 3NG ISLAND TRAVELER-WATCHMAN, :r printed at Southold, in Suffolk County; e of which the annexed is a printed copy, d in said Long Island Traveler-Watchman ..................... ./ ..... weeks lencing on the .......... ./(.~ ....... Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires {l~ 8'a0. r,le No. AND BAR~R_A HERZ. Variances to the Zoning Or- dinance, Article XI, Section 100-119.2 for permission to locate new single-family dwell- ing with insufficient setbacks from existing bulkhead and grom highwater areas along Midway Inlet and Hog Neck Bay, premises referred to as 70 Cedar Point Drive, Southold, NY; Cedar Beach Park Map, part of Lots 152 and 110; Coun- ty Tax Map Parcel No. 1000-90-02-13.1. The Board of Appeals will hear at said time and place all persons or representatives desir- be heard in each of the~ lng to 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: May Il, 1987 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary IT-5/14/87(3)(~ establish "Bed and Breakfast Use;' an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three i'ooms, in conjunction with pre- sent single-family use and acessory apartment user\~ established under Appl. No. 3597 March 5, 1987. Location of Property: 355 Terry Lane, Southold, NY; County Tax Map Parcel No. 1000-65-7-20. % ~'~8:15 p.m. File No. 3439- ~ ARNOLD AN~I B..~,,dkLl~Variances to the Zon-[ ing Ordinance, Article III, See- ~, tion 100-31, Bulk Schedule, for approval of insufficient area and width of two proposed parcels in this pending division of land located at Cedar Lane (and Pine Place), East Marion, NY; "Map of Section 2, Gardiners Bay Estates" Map No. 275, Lots 156, 157, 158, 159, 160, 167 thru 172, inclusive, 151, 153; County Tax from an alteration in the loca- tion of lot line of abutting parcel /~/) .... i "./ to the east. Zone District: B- ' ..... , ..... Property: Corner of north side,~ ~ ................. ~.. - of Main Road and east side of Boisseau Avenue, Southold, NY (Thompson's Emporium); CountY1000.63_03.08.Tax Map Parcel ID NO. 8:05 p.m. File No. 3586. me this ..................... day of ROBERT AND HELEN DIER. Special Exception to the Zoning Ordinance, Article I11, Section ......... 100-30(B)[16] for permission io ~' Southold Town Board of Ap peals MAIN ROAD STATE ~OAD 25 SOUTHOLD, , Y. 11971 TELEPHONE (516)765-1809 APPEALS BOARD MEMBERS GERARD P, GOEHR]NGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as 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 trjJlv_~, G,~.RAR~6 Up. 'GOEHR~'NGER CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 2, 1985 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3439 application of Arnold and Karen Blair for a variance. Also included is Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department; letter from Southold Town Planning Board; letter relative to N.Y.S. Tidal Wetlands Land-Use; Short Environmental Assessment Form; and Survey. Judith T. Terry Southold Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : ARNOLD BLAIR ~ KARRN H. BI-,AT~ to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of $outhold to request a (Variance) (51~)~7;D¢¢~ (Se~]{lllK~10~L (~ [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Cedar Lane & Beach Court, East Marion, N,Y_,, shown o~] the R~lffnlk C'n~nky T~ Map a~: D~t, !goo, Sec. 037.00, 9!k. 07.00 anc~ part of Lots 905.000 & 006.000 .~ J 3. That the property which is the subject of such Petition is located in the following zoning district: ; "A "-~,'::,~ ~ rl~, n k ~ ..~ 1 ,/Agr ~ ("11 1 kn r~ 1 4. That by such Petition, the undersigned will request the following relief: permission to divide th~s 45:058 sq. f~_ parn~l {n~a kwh 20~OOO~" ncl.ft, building lots. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article I I I Section 1 fl n- q 1 and Article II, Section 106-20 6. That within five day's from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (5].6) 7~5-'1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of $outhold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: November 25: lqRq. ARNOLD BLAIR & KAREN ~4. RLAT]~ Petitioner ,by: R. H. BRUER, ATTY. PostOffice Address Main Road. p,O. Box 1466 Southe!~, N.Y. 11971 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Mr. Arthur K. Seeman East Marion, N.Y. 11939 Toba Laja Orro 187 Berry Hill Syosset, N.Y. 11791 ,nt N.Y. 11939 STATEOFNEWYORK) COUNTY OFSUFFOLK) Mary Diana Foster .residin§atMcCann La., Greenport, N.Y. , being duly sworn, deposes and says that on the 25 th day of November ., 19 85 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southold ; that said Notices were mailed to each of said persons by (certified) 0(~$L~tW~ mail. Sworn to before me this c-~g~..~-c~ dab, of Novernbe_r ~ .19 85 Notary Public Mary gna Foster )'HSTRUCT lO, la: ~------~-~ in order to ons',~er the questions in this short EAY it is assume4 ~het the preparer w$~} use currently available ~nFormat~on concerning the pro)ecL and the ~ke~y ~rnp~cts off the action. ~t ~s not expected that additional studies, research or other ir, vcs~Jga~ions will be undertaken. (b) If any qued. itoh has been ons'.rercd Yes ~n_ project may be s~gniflcont and o completed 5nvironmentol As~,cssment Form is necessGry. (c) If ell questions hove been answered No it is likely that this project i5 not. s~gni~icant. ' .., (~) Environmentnl Assessment 1. ?,'ill project resui[ in a targa physical change '' ~o the project site or physically slier more than 10 acres of land? ........................ 2. ¥;ill there bc o m~jor change ia any unique or · unusuo! land form foun~ on thu site? ..... 3. ¥1ill project alter or hove a lc~r~e e~ect'~ ' existing bo~ of water? ................... 4. ¥Iill project hove o potentislly large impo~l' ' on ground'.voter quo!try? ...................... 5. %'/ill project significantly effcct~ro~nege. . . flow on adjacent sites~ ....... 6. %','ill project effect any threoYcncd or ~ cn~angerc~ plant or on~mol species? ......... / on air quality? .................. - .......... ' ..' S. %'1ill project have o major effect on visuoi ' character o~ Che co~muni~y oz scenic views vis'os known ¢o be &mporLan~ ~o ~he commun$¢y? 'Yes 9. ¥/111 pro~ec¢ adverseZ)' impac¢ any sLLe or .. . sCruc~ure oF h&s~o~'ic~ prehistoric or paleon~oloDicaZ ~mpor~once or nny designated os a cl'itice! environmento! area by o local ogenc}'? ............ ..;...-.-;.;...~'-,..v Yesx No 10. ¥/.tll project hove o major effect on existinD or future recreational opportunities?. ....... Yes X 11. Will project result in .major trofifiic problems ' ' o ~ major effect ia ex-tsting t~onspo~tot~on ~stoms? ....................... . Yes ~ ~2. Will p~O~ect .~egule~y couse o~ectione~le .~ odozs, noi~e, glare, vibration, or c!ecLricoI - -- disturbance os o result of the project's opera,ion? ......... ' .......... ; ................. Yes X No 13. %','ill project hove on), impact on public health or.safety? .................................... Yes X No . %'/ill p2oj'ect effect the existing community gircctly cousir~g o growth in pcrmoncn~ population o~ marc than 5 pcrccD% over s one year period or hove o ~ojor negative %' on thc character o~ ~he community or neighborhood? ................................. Yes X I5. Is there public controversy concerning the Yes x No Yes X N~ ¥.e x No Yes ×' No . Yes.×I'NO ' ' Yes X' No Yes × No QUESTIONNAIRE TO BE COMPLETED AND FILED WITFI APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 11794, (tel. 516-751-7900), if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [Td I. [ ] [ ] 3. { ] [ ] 5. [ ] e. Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfront or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental area: [ ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfront area. [ ] 7. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State Law and to prevent any unnecessary delays in processing your application(s). 10/83Ik ~T ' , ,, . ~ loe /~ / I ~ >I' ~' - /-:./ : / ,~ '- "' -- o -- ' x/ //' // ~'~z'~2'w - a~ o , - ~ -' " / // / D/S~ I~, ~ / 7'-OW~V ©/u ~" iron bipe £~-"!7_ '..- / -- I