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Home My WebLink About3694 SoutholdTownB r.eals PP MAIN ROAD- STATE ROAt') 25 SOUTHOLD, /.I.. N.Y. 11cj'71 ACTION OF THE ZONING BOARD OF APPEALS TELEPHONE (516) 765-1809 Appeal No. 3694 Application Dated November 9, ]987 TO: Mrs. theresa Czech Goldin Lane Southold, NY 11971 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on December ]0, ]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 [×] Request for Variance to the Zoning Ordinance Article III , Section ]00-3], 8u]k Schedule [ ] Request for Application of THERESA CZECH. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the con- struction of open deck with an insufficient rearyard setback from the east property line at premises known as 150 Goldin Lane, Southold, NY~ County Tax Map District 1000, Section 135, Block 2, Lot 19. WHEREAS, a p~blic hearing was held and concluded on December 1987 in the Matter of the Application of THERESA CZECH under Appl. No. 3694; 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 located in the "A" Residential and Agricultural Zoning District and contains a total area of 8500+ sq. ft. with 100.0 ft. frontage along the east side of Goldin Lane, Southold. 2. The subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 135, Block 2, Lot 19, and is improved with one, single-family, one-story frame dwelling with setbacks from the front property line at 11½± feet, rearyard (without the subject deck) at 32½ ft. at its closest point, and sideyards at 19 and 44 feet. No permanent accessory structures exist at this time. 10, (CONTINUED ON PAGE TWO) DATED: December 10, Form ZB4 (rev. 12/81) 1987. CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 Appl. No. 3694 Matter of THERESA CZECH Decision Rendered December 10, 1987 3. By this application, appellant requests a Variance from the Provision of Article III, Section lO0-31, Bulk Schedule, of the Zoning Code for approval of an open wood deck construction at the rear of the dwelling of a size 11.6 ft. by 16 feet, which exists with an insufficient rearyard setback at 21½± feet (at its closest point). 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code permits the proposed construction with a setback of not less than 35 feet from the rear property line. 5. The percentage of relief requested from the require- ment is '13.5 feet. 6. It is the consensus of the Board Members that the deck construction is not adverse to neighboring properties and is not out of character with the immediate area. 7. It is also the opinion of the Board Members that: (a) the percentage of relief requested is substantial in relation to the requirements, (b) the circumstances of the property are unique, due to substandard size and dimensions; (c) there will not be a detrimental change in the character of the neighborhood; (d) there is no other method feasible for appellant to pursue other than a variance; (e) the grant of this variance will not affect governmental facilities; (f) in view of the above factors, the interests of justice will be served by granting relief, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested under Appl. No. 3694 in the Matter of the Application of THERESA CZECH for the existing open-deck construction with setbacks as shown by survey prepared by William R. Simmons, Jr. dated September 28, 1987, from the rear property line at 21½± feet (at its closest point), and ~URTHER PROVIDED THE DECK REMAIN OPEN AND UNROOFED AT~AALL TIMES. Vote of the Board: Ayes: Doyen, Douglass and Sawicki. adopted. Messrs. Goehringer, Grigonis, This resolution was duly lk GERARD P. GOEHRINGER, CHAIRMAN RECEIVED AND FILED BY so oLo TOWN Town Clerk, Town of Sout~!J 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 b6 held by the SOUTHOLD TOWN BOARD OF APPEALS~ at a Regular Meeting at the'Southold Town Hall, Main Road, -Southold, New York~ on T~URSDAY, DECEMBER'IO~ 1987 at the following times: 7:30 p.m. Appl. No. 3566 THEODOSE TRATAROS and ERAKLIS APODIACOS. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot area of proposed Parcel #1 in this pending set-off division of land loca%ed along the south side of the Wain Road, and extending along the east side of Wiggins Lane, Greenport, NY; County Tax Map District 1000, Section 35~ Block 5, Lot 3, containing a total area of 3.262 acres. i /~ 7:35 p.m. Appl. No.13694 - ~HERESA CZECH. Variance-~ to the Zoning Ordinance, Article III, Section lO0~31,Bulk/ Schedule, for approval of the construction of open deck with an insufficient rearyard setback from the east property line at premises known as 150 Golden L~ane, Southold, County lax Map District lO00, Section 135, ~lock 2, Lot 19. ) 7:40 p.m. Appl. No. 3695 HENRY J. SMITH & SON. Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) ~or permission to construct truck-s~orage building in this "C-L.~ght Industrial" Zoning Distric~ at premises .known as 2740 Peconic Lane, Peconic, NY; County Tax Map District 1000, Section 74, Block 2, Lot 19.1. 7:45 p.m. Appl. No. 3689 PETER AND DIANE LUHRS. Special Exception to the Zoning Ordinance, Article VII, Section lO0-70(B) for permission to construct addition for a repair station in conjunction with Special Exception Permit #3161 rendered October 11, 1983, at premises <nown as 45845 North Road, Southold, NY; County ~ax Map District 1000, Section 55, Block 02, Lot 17. Zone District: "B-l." 7:50 p~. Appl~ No. 3691 HOSN¥ SELIM. Variance t~e Zoning Ordinan. ce~ Article III, Section 10~-32 and Page 2 Southold Regular Notice of H~rings Town Board of Appeals Meeting December 10s 1987 Article XI, Section t00-119.2 for permission to locate inground swimmin§pool with decks and fence enclosure landward of existing dwelling in the front yard and within 100 feet of the Long Island Sound, at premises known as 855 Soundview Avenue, Mattituck, NY; County Tax Map District 1000, Section 94, Block 01, Lot 07. 8:05 p.m. Appl. No. 2696 - RICHARD NASS. Variance to the Zonin§ Ordinance, Article XI, Section 100-119.2 for per- mission to locate open wooden deck with a setback of less than 75 feet from existing bulkhead along canal, at premises known as 50 Willow Point Road, Southold, NY; County Tax Map District 1000,-Section 56, Block 5, Lot 25. 8:10 p.m. Appl, No. 3676 - ANTHONY ROBUSTELLI. Variances to the Zoning Ordinance, Articles: (a) III, Section lO0-31 as to insufficient rear yard and side yard, and (b) XI, Section 100--119.2 as to insufficient setback from bulkhead and ordinary highwater mark, 6nd (c) III~'Section 100-31 as to excessive lot coverage, for the propose~ construction of a deck addition, at premises known as 5 Haywaters Road, Cutchogue, NY; Lot 23 and part of 22, Peconic Bay Properties; County Tax Map District 1000, Section lll, Block l, Lots 19 and 18. 8:15 p.m. Appl. No. 3671 ANDRE AND THOMAS CYBULSKI. Variance to the Zoning Ordinance, Article III, Section lO0-30A for permission to utilize premises for book-publishing operations, wholesale book storage, and updated 280-A approval over the existing private right-of-way for such use. Zone Distr~ct: "A" Residential and Agricultural. Locat-on.of Property: West Side Depot Lane, Cutchogue, District lO00, Section 96, Block 5, Lot 1.2 and~part o? NY; 1.1. 8:25 p.m. Appl. No. 3543 PETER AND BARBARA HERZ. Variances to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate new single-family dwelling with insufficient setbacks from existing bulk- head and from highwater areas along Midway Inlet and Hog Neck Bay, premises known as 70 Cedar Point Drive, Southold, NY; Cedar Beach Park Maps Part of Lots 152 and llO, County Tax Map Parcel No. 1000290-02-13.1. Page 3 Notice of Hearings Southol~ Town Board Of Appeals Regular Meeting - December 10, 1987 8:40 p.m. Appl. No. 3561 DOROTHY L. ROBERTSON. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the Insufficient lot area of two proposed parcels in this pending set-off division of land with frontage along the south side of ~orth Vi~ew Drive, the east side of Private Roa~ and the north side of South View Drive, Orient, NY; County Tax Map District 1000, Section 13, Block 1, Lot 10. 8:515 p~m. Appl. No. 3686 FREDERICK AND DIANE RAYMES. Variances to the Zoning Ordinance, Articles: (a) XI, Sectio~ 100-119.2 for permission to locate dwelling with a,.setback of less than 75 feet mrom existing bulkhead along Gull Pond Inlet, (b) Itt, Section 100-31, for permission to locate dwelling with an insufficient frontyard setback, at premises known as 704 Wiggins Lane, Greenport, NY; County Tax Map District t000, Section 35, Block 4, Eot 19. The Board of Appeals will hear at said time and place all persons or representatives desiring ~o be heard in each of the above matters. Each hearing will not start before the time allotted. Writte~ comments may be submitted prior to the conclusion of the subject hearing. For more informa- tion, please call 765-1809. Dated: November 18, 1987. BY ORDER OF TH'E SOUTHOLD TOWN BOARDOF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary FOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD. N.Y. NOTICE OF DISAPI'ROVAL File No ................................ .............. . ~__~ ~..&.. ~...?.,..t./.~?.~ ..... PLEASE TAKE NOTICE that your application dated .. ~.~...~. ~ ....... 19 ~ 7.. for permit to construct .. ~..~.~..~ .................................. at ~.,,~o~ orP~,,~,~./.~.. ~ ~...~ ..... ~~~ ............ County 'Iax Map No. 1000 Section . .4~ .... Block ..... ~.~. .... Lot . .L .~. ........ Building Inspector TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. TOWN OF SOU'I~HOLD, NL=W yoRE APPEAL NO. ..z ........ ........ ........................... - Name of Appellant Street and Number ........... H REB* ^PPEA' TO 6~ r~..~..L~ .................................................. ~r~i.~ Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUI'DING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED ?'"~"'~'" ~"~1 '/?"'~"~" WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1 LOCATION OF THE PROPERTY ....~Z~ ~q,~p~'/y' .~..~'.., O'~x~.)~, y~, Street /Hamle~ / Use District on Zonin~ Map District 1000 Section ~Block~Lot ~ C ..... * "~ ~ .................................................................................. u.-:.~ ~ner ~~ ~~ Mop No. Lot No. Pri or Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sectior and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article~ Section /~ ~1 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ~ A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 'Cons. Laws Art. 16 Sec. 280A Subsection 3 ) 4. PREVIOUS APPEAL A previous appeal ~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made n Appeal No ................................. Dated ...................................................................... ( ) REASON FOP, APPEAL AVc dance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZB1 (Continue on ot½er ~ide) REASON FOR APPEAL Continued I STR CT APPLICATION OF THE ORDINANCE would produce practico~~, (difficulties.°r unneces- sary HARDSH P because 2 The hardship created is UNIQUE and is not shareC by all properties alike in the immediate vicinib of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD CHARACTER 'OF THE DISTRICT becauSe /4~,~,,~2 NOT CHANGE THE STATE OF NEW 'YORK ) COUNTY O~~'~ SS Signature~/ ........................ Sworn to this ............... .7...¥Z~). ................... aay of ....... ~-/..~ ................. 19 ~ · . · ~e of New ¥~1/¢ .,~,,*,~res U~r 3I, I~ oWNER ISTREET $OUTHOL PROPE RTY VILLAGE CARD DISTRICT SUB. FORMER OWNER LAND /2- ~o AGE VL. S FARM TOTAL DATE NEW NORMAL Farm Acre Tillable 1 Tillabl~ 2 Tillable, 3 W0dd[and Swa~mpland Brushland HOUse Plot' W ACREAGE TYPE OF BUILDING BUILDING CONDITION iC_OMM. IND. REM_ARKS ~r~ ~, ~xl~ CB, MISC, BELOW Value Per Acre ABOVE Value M. Bldg. Extension Extension Extension Breezewo Garage Foundation Basement Ext. Walls Fire Place Patio Driveway O.B. Porch Porch Bath / Floors Interior :inish Hec~t Attic Rooms Ist Floor Rooms 2nd Floor LOCATED AT .-~c:,~,7'-,g,'d'~,~ ~ LOT~ A~//~ /~ ~ ~ SCALEI"~ ~ SUFFOLK CO. TAX MAP DATA:- DIST. /~ SEC. /~ BLK. ~ LOT ~/~.~ OFFSETS FROM STRUCTURES TO RELATIVE BOUNDRY LIN. ES, ON SURVEY· ARE FOR A SPECIFIC USE ONLY, AND SHOULD NOT BE USED FOR CONSTRUCTION OF FENCES OR OTHER STRUCTURES. · TOWN OF · CO. CLK. NO. SUFFOLK COUNTY N.Y. FILED/L/~ ~/ ~'l~A ~d~ FILE NO WILLIAM R. SIMMONS JR. PlO 8OX 377 JAMESPORT, L, l, N.Y. 11947 PAGE ~, ~-~ GRID DRAWN TRANSCRIPT.OF HEARING SOUTHOLD TOWN BOARD OF APPEALS R-EGULAR MEETING OF - THURSDAY, DECEMBER 10, 1987 Appl.-No., 3694 AppJicant(s): THEPJ~SA CZECH Location of Property: 150 Goldin Lane, .Southold County Tax. Map tD No. 1000- 135~ 2 19 Board~ Members'present were: Chairman Goehringer Members: Grigonis, Douglass, Doyen and Sawicki. P. Goehringer, Absent was: (None) Also present were: Victor Lessard (Building Dept.) Linda Kowalski, Z.B.A. Secretary and approximately persons in the audience. The Chairman opened the hearing at 7:48 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a.copy of a survey indicating this par- ticular piece 6~ property. The St/rvey done on September 28th, 1987 by William R. Simmons of Jamesport. It indicates a one-story framed dwelling approximately 11% feet from the front property line and no indication of how far the deck is from the rear property line. And I have a copy of the Suffolk County Tax Map indicating this and sur- rounding properties in the area. Is there somebody who would like to be heard? Which one is Mrs. Czech? How do you do? Do you have any idea how far the deck is from the rear property line? MRS. CZECH: I thought it was on the survey. CHAIRMAN GOEHRINGER: Alright. Well, we'll measure it. When I was over last Saturday, I happen to forget my 20-foot ruler and that's the reason I didn't bother you and didn't knock on the door and that nature but I did observe the deck. -It's also a little difficult to pick up the back monuments. I noticed that it's kind of grown over in the back there toward the rear property line. But we'll scale it out. I thank you. Is there anybody else who would like to speak in favor of this .application? Anybody line to speak against the appli- cation? You kind of have to raise your hands fast here. I run it right all the way t~hrough here. There's no commas. Are you plan- ning on enclosing this in any way Mrs. Czech? MRS. CZECH: No. CHAIRMAN GOEHRIN~ER: Not hearing any further testimony, I 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 December 22, 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) Theresa Czech 3694 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L,I,, NEW YORK 11788 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 RE, AC) - STATE ROAD "PS - sr'ILITHI~LD, /.I., N.Y. ]'19'71 TELEPHONE (516) 765 1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×× Variance from the Zoning Code, Article ZzZ , Section 100-31 Bulk Schedule Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:3694 Applicant: Theresa Czech Location of Affected Land: 150 Goldin Lane, County Tax Map Item No.: 1000-135-2-19 Within 500 feet of: Town or Village Boundary Line Southol~, NY XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owned State or Federal Park or La¸ or COMMENTS: Appl i cant of open deck with an Existing or Proposed Owned by the County or for Which The County Has Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. approval of is requesting ~xx~ ~ the construction insufficient rearyard setback fr~m fhe_e~f property line Copies of Town Right-of Way of Any Stream or Drainage Channel Established Channel file and related documen[s enclosed for your review. Dated: Dec. 18, 1987 Southold Town Board of Appeals MAIN RI-lAD-STATE RrIAD 25 SRUTHE}LD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI December 15, 1987 Mrs. Theresa Czech Goldin Lane Southold, NY 11971 Re: Appl. No. 3694 - Variance for Deck Construction Dear Mrs. Czech: 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, GERARD P. CHAIRMAN Enclosure Copy of Decision to: Building Department By Linda Suffolk County yianning Commission GOEHRINGER Kowalski Legal Mo s-s ~ ~ ~ ~, -~.,,~ ,~ 7'~0 p.m Appl No. ~91 - ~ ~ Zoning ~n~, A~cle ~ICE OF ~GS ~, ~tion 1~-32 ~d A~cle N~CE IS ~BY XI, ~tion 1~-119 2 for ~is- GI~N, P~u~t ~ ~ion 267 sion ~ l~ inked swim- °ftheTo~w~d~eC~eof min~l with d~ ~d fen~ the To~ of~uthold, ~e follow- enclos~ [~dw~ of existing lng he~n~ ~11 ~ held by the dwelling in the ~nt ya~ and SO~o~ TO~ BOARD ~thin 100 f~t of the ~ Is- OF ~PEA~, at a ~lar land ~und, at premiss ~o~ M~ting at the ~uthold To~ as 855 ~und~ew Avenue, Ma~ Hall, Main ~ad, ~u~old, New tituck, NY; Co~ty Tax Map York, on TH~DAY, DE- District 1~0, ~on 94, Bilk CEMBER 10, 1987 at the roi- 01,~t07. lowingtimes: 8:05 p.m. Appl. No. 3696 - 7:30 p.m. Appl. No. 3566 - ~CHA~ NASS. Variance THEODOSE ~ATAROS~d the Zoning Ordinan~, A~icle ERA~IS APODIACOS. ~I, ~ction 100-119.2 for ~is_ Valance to the Zoning O~i- s~on to locate o~n W~en n~ce, A~icle IH, ~cfion 100- with a setback of le~ than 75 31, Bulk ~hedule, for approval feet from existing bulkhead of insu~cient lot area of prop- along ~na[, at premiss kno~ o~ P~cel ~1 in ~is ~nding ~ 50 Willow Point ~ad, South- ~off division of land l~ old, NY; Co~ty Tax Map Dis- ~ong the south side of the Main tdct 1000, ~ion 56, Bilk 5, ~ad, and ex.haling along the ~t 25. east side of Wig~ns Lane, 8:10 p.m. Appl. No. 3676 - Gr~n~, NY; County Tax Map A~HONy ROBUS~I. District i000, Section 35, Bl~k Variances ~ ~e Zoning Or- S, ~t 3, confining a ~l area diannce, A~icles: (a) III, ~ction of 3.262 acres. 100-31 as ~ insufficient rear 7:35 p.m. Appl. No. 3694 ~ ya~ and side yard, and (b) XI, ~ERESA CZECH. Valance Section I0~119.2 ~ ~ insuffi- te the Zoning Ordin~ce, A~icIe ] cient setback ~m bulkhead and III, ~tion 100-31, Bulk ~ ordina~ highwa~r ~rk, ~d ~hedule, for approval of the (c) I~I, ~tion 1~-31 as W ex- ~nst~ction of o~n d~k with cess~ve lot coverage, for the an ins~cient rea~a~ ~t~ P~ ~ns~ction of a d~k ~m ~e e~t p~y line at addition, at p~mises kno~ premiss kno~ as 150 ~ldin 5 Ha~a~rs ~ad, Cutcho~e, L~e,~uthold, NY;CountyTax NY; ~t 23 and pa~ of 22, Map Dis~i~ 10~, S~tion 135, P~nic Bay ~es; County Bilk 2, Lot 19. ~ Tax Map Dist~ct 1~0, ~tion 7:40 p.m. Appl. No. 3695 - Ill, Block l, ~ 19and 18. ~NRY J. SMITH & SON. 8:15 p.m. AppL No. 3671 - S~ial Exception W ~e Zoning AND~ AND THOMAS O~nance, A~icle VIH, ~ction CYBer. Valance ~ ~e 100-80(B) for ~ission W con- ~ning O~inance, A~icle III, st~ct t~ck-sWrage bu ding in S~tion 100-30A for ~rmi~ion t~is "~-Light Indust~al" Zoning te utili~ premiss for ~ok-pub- District at premiss kno~ ~ lishing o~ratio~, wholesale 2470 P~onic Lane, P~nic, NY; ~k s~r~, ~d u~a~ 280-A County T~ Map Dist~ct 1000, approval over the existing pri- ~ction 74, Block 2, Lot 19.1. va~ right-of-way for such u~. 7:45 p.m. Appl. No., 3689 - Zone Dis~ct: "A" ~sidentia] PE~R~DDI~EL~RS. ~d A~cultural. ~a~on of S~cia] Exception ~ the ~ning ~y: West Side De~t L~e, Ordinance, A~icle VII, Section Cutcho~e, NY; District 1000, 100-70(B) for ~rmi~ion W con- Section 96, Block 5, ~t 1.2 and st~ct addition for a ~pair s~- pa~ of 1.1. tion in conjunction with Sp~ia] 8:25 p.m. App]. Exception Pe~it ~3161 re- PE~R ~D nder~ October 11, 1983, at HERZ. Valances ~ the ~ning p~m/ses known as 45845 No~h O~inance, A~icle XI, S~tion Road, ~uthold, NY; County Tax 1~-119.2 for ~rmiss/on to lo- Map District 1000, ~ction 55, ca~ new single-family dwelling with insuffidlent setbacks from ,e.xi?ing bulkhead and fi'om mgnwater areas ul~ M~dway Inlet and I~og Neck Bay, prera- ~ses known as 70 Cedar Point Drive, Seuthold, NY; Cedar Beach Park Map, Part of Lots 152 and 110, County Tax Map Parcel No. 1000-90-02-13.1. 8:40 p.m. App]. No. 3561 - DOROTHy L, ROBERTSON. Variances to the Zoning Ordi- nance, Article III, Section 100- 31, Bulk Schedule, for approval of the insufficient lot area of two proposed parcels in this pending set-off division of land with fron- tage along the south side of North View Drive, the east side of Private Road and the north side ofseuth View Drive, Orient, NY; County Tax Map District 1000, Section 13, Block 1, Lot 10. 8:55 p.m. Appl. No. 3686 - FREDERICK AND DIANE RAYMES. Variances to the Zoning Ordinance, Articles: (a) ~I, Section 100-119.2 for portals. sion to locato dwelling with a setback of less than 75 feet from existing bulkhead along Gull Pond Inlet, (b) III, Section 100- 31, for permission to locate dwelling with an insufficient frontyard setback, at premises known as 704 Wiggins Lane, Greenpert, NY; County Tax Map District 1000, Section 35, Block 4, LOt 19. The Board of Appeals will hear at said time and place all ~ersons or representatives desir- ing to be heard in each of the above matters. Each hearing will not start before the time al- lotted. Written Comments may b? submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: November 18, 1967. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN Linda Kowalski, 5789-1TD3 Board Secretary ) ) SS: ) )ntento of Greenport, in ly sworn, says that he/she is i SUFFOLK TIMES, a Weekly :J at Greenport, in the Town Df Suffolk and State of New ~tice of which the annexed is been regularly published in ce each week for 1 commencing on the __3 nber 198 7__ Principal Clerk his '~ NOTI~CE OF HEARINGS__. · ;~OTICE IS HEREBY GIV- EN, It~ant tO Section 267 of the Towlt Law and the Code of : the Town of Southold, the followin~rings will be held by the SDUTHOLD TOWN BOARD OF APPEALS at a 'Regular Meeting at the Southold Town Hall, Main Road, ~hold, NY on THURSDAY~ ~E/~IBER 10~ 1987 at the ftffiowing times: · 7:30 p.m. ApPL No. THEODOSIL TRATAROS AND ERAKLIS APODIACOS. Vadanqe to .the Zoning Or- dinance, Article III, Section 100-31, Bulk Schedule, for ap- proval of insufficient lot. area of. proposed Parcel No. I in this pendin~ set-off divis'on of land located along the south side of the Main Roa~, and extending along the east side of Wiggin. s Lane, Gteenport, NY; County Tax Map Disirict' 1000, Section · 35, Block 5, Lot 3, containing a total area of 3.262 acres. ~.7:35 p.m. Appl. No. 3694-' THERESA CZECH. VarianCe to the Zoning Ordinance, Arfi- ,cie 11I, Section 100-31, Bulk . ScheduLe, for approval o.f the conStruction of open deck with lan insufficient rearya~d' setback from the east property line at premises known ~ 1'50 (Joldin Lane, Southold, NY; County iTax Map District 1000, Section 135, Block 2, Lot 19. ~..7:40 p.m. Appl. No. 3695-'~ HENRY J. ~MITH & SON. Special Exception to the Zoning · Ordinance, Article VIII, Section 100-80(B) for permission to con- struct truck,storage building in this "C-Light Industrial" Zon- {ng District at premises known as 2740 Peconic Lane, Pec0nic, NY; County Tax Map District 1000, Section 74~ Block 2, ;Lot · 19.1. 7:45 p.m. Appl...No. ·3689- PETER AND DIANE ~UHRS. Special Exception to the Zo~n~ng Ordinance, Article Vll~ton 100~70(B) for I~r~,~,~tO~a- struct addition, for ~,'r~l~air ,sta- tion in conjun~i~n with Special Exception Permit No.- 3161 rendered October 11~. 1'983, at . premises known as 45845 North Road, Southo!d, NY; County Tax Map District 1000,.Seqtion 55,. Block 02, Lot 17~ Zone District: '.'B-I ." 7:50 p.m. Appl.'~qo. 3691- HOSNY SELIM. ~riance to e Zomng Ordina~ce, Article 111, Section 100-32 and Article XI, Section 100-119.2 for per-' missiOn't0 locate inground swimming p~l With decks and fe~nclOiure landward of ex, ist~lwelling in th~ front yard and ~ithin I~ feet of th~ ~g Island Sound; ai praises known as 855 So~ndview Avegu~ Mattituck, NY; Coun- ty ~x Map Distria.~, ~- tion 94, Block 01, ~t 07. 8:05 p~. Appl. No. 36~- RICHA~ NAGS. V~i~ce to the ~ning Ordinan~ ~ticle XI, ~aion 1~119.2 for per- mission to locate open wooden deck with a setback of less than 75 feet from ~isting bulkhead along canal, at p~mises known as 50 Willow Point Road, Southold, NY: County T~ Map District 1~, S~tion 56, Block 5, ~t 25. 8:10 p.m. Appl. No. 3676- AN- THONY ROBUSTELLI. Various to the ~ning Or- · n~ ~icl~: (a) III, ~on 1~-31 ~ t0 insufficient ~ar yard and side yard, and (b) Xl, Section 1~119.2 as to insuffi- cient s~back from bulkhead and ord~ highwater mark, and (c) IH, Section .1~-31 as to ~cessive lot covemgg for the pw~s~ construction of a d~k addition, at p~mises known as 5 Hay~ters R~d, Cutchngug NY; ~t 23 and ~t of 22, Peconic ~y Properties; Coun- ty ~ Map ~strict 1~, ~c- tion 111, Bilk 1~ ~ 19~d 18. · 8:15 p.m. Appl. No. 3671- ANDRE AND THOMAS CYBULSKI. V~i~ce to the ~~ce, ~ticle ,III, S~fion I~30A for ~ssion to utili~ p~ises for ~ok-: pubfishing o~tio~ who~e book stomg~ an~:u~dgted 28~A appw~ over thg ~isfing private right-of-way for such us~ ~nc District: "A' ~idan- rial and ,Agricultu~. ~tion of Property: W~t Side Depot ~nc, Cutcho~ NY; Distfia 1~, Section ~, Block 5., ~t 1.2 ~d part o~ 1.1. 8:25 p.m. Appl. No. 3543- PETER 'AND BARBARA HERZ. V~ian~s to the ~ng Ordin~ce, A~icle XI, ~ction 1~-119.2 for pe~ission ~to locate n~ single-~mily dwell- ing with insufficient ~cks from existing bulkhead and from highwater ~e~:~ong Midway Inlet and Hog N~k Bay, p~mis~ known as' ~0 Cedar Point Drivg Southold~ NY; Cedar Beach Park Map, ~rt of ~ts 152 and 110; Coun- ty ~x Map Parcel No. 1~-~-02-13.1. 8:~ p.m. Appl. NoJ 3561- DOROTHY L. ROBESON. Variances to the ~ning Or- dinanc~ Article Ill, ~ction 100-31, Bulk,~l~lul,e, for a~ * ~ith fmn~e'~ ~"~" ~ of North ~i~ ~ ~t side of~ ~ the no~ si~ 9f ~uth Vi~ ~i~ O~ient, ~; County ~ Map, ~;:/855 ~ Appl N~ 368~ '~,g~OERICK AND ~ce, ~ticl~ XI, ~ion 1~119.2 for ~on bf 1~ t~ 75 f~ from bCk~ ~ong G~ ~d (b) 111, ~ion 1~31, f~'~- minion m Io~te d~l~ ~th ~ ~uffident from~ ba&, at p~ises known Wi~ns ~n~ G~n~,: County ~ Map Distfi~ 1~, Se~ion 35, Bilk 4, ~t 19. The ~ of Apda ~11 hear at s~d time ~d pineal pe~ons or .~enmti~s d~r~ lng to ~ h~ in ~ch of the a~e matm~ ~ch ~ not sta~ ~fore the ~me Mlot- ted. Writ~ ~mmen~ may submitt~ ~or to the ~nclu- sion of the subj~t h~ng. ~r mog in f~ati~l~ Dat~[g~m~ 18' 1987 ~' *~RDER OF THE ~ ~OUTHOLD ~WN ~D OF APP~LS GERA~ P. ~EHRINGER, CHAI~ Linda K~ski, ~ ~ta~ 1T-12/~/87(15) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Soutbold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ...................... -~ .... weeks successively, commencing on the ~ d a y/of'~,~:~ ¥ C~- c~ ~ ~'~.~ .... , 19. Sworn to before me this ............ ~. ........ day of ...... ...... C7 Notary Public BARBARA FORBES Notary Public, State of Now York No. 4806846 Qualified in Suffolk County Co,'nmission F~pires~'~.-~r 19 ff~ Southold Town Board of Appeals MAIN I~OAD- STATE ROAD 25 c:OUTHOLD, l.l., N.Y. llg?l ]ELEPIqONE (516) 765 1809 APPEALS BOARD MEMBERS RARD P GOEHRINGER, CHAIRMAN qARLES GRIGONIS, .IR. RGE DOYEN. JR. 3BERT J. DOUGLASS ;SEPH H. SAWICKI TO WHOM It MAY CONCERN: Enclosed herewith as confirmation o~ 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_ v. ery.,.tr.~ul~ .~ ~ GfRA-RG P. 'G6EHRKNGER J CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk Page 4 - Legal Notice Mailing List Southold Town Board of Appeals Regular Meeting December 10, 1987 Copies Mailed On or About 12/1/87 to: Mrs. Elizabeth Pantelis, 5804 Seventh Avenue, Brooklyn, Mr. H. Stabile, P.O. Box 245, East Marion, NY 11939 Mrs. Dinos Zervos, Orient, NY 11957 NY 11220 Mrs. Theresa Czech, 4 Goldin Lane, Southold, NY 11971 Mr. Henry J. Smith, Henry J. Smith & Son, Main Road, Southold, NY 11971 Mr. and Mrs. Peter Luhrs, ll30 Soundview Avenue, Southold, NY 11971 Mr. Hosny Selim, 671 Vandam Street, North Woodmere, NY 11581 Dino Rossini, Esq., 151 Hempstead Turnpike, West Hempstead, NY 11552 Mr. Ronald Stritzler, 51 Stirrup Lane, Roslyn Heights, NY (Re: Selim) Mr. John Bertani, 1380 Oakwood Drive, Southold, NY 11971 (Re: Nass) 11577 Mr. Anthony Robustelli, 48 Revere Road, Manhasset, NY ll030 Abigail A. Wickham, Esq., Box 1424, Mattituck, NY 11952 (Re: Mr. Steven C. Fuchs, 4 Knoll Top Road, Stony Brook, NY 11790 Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 Cybulski) Patricia C. Moore, Esq., Edson & Bruer, Main Road, Southold, NY 11971 (as Attorney for Peter and Barbara Herz) Richard J. Cron, Esq., Cron & Cron, Main Road, Cutchogue, NY 11971 J. Kevin McLau~hlin, Esq., Box 803, Greenport, NY 11944 Rudolph H. Bruer, Esq., Main Road, Southold 11971 (Attorney for D.Robertson) Mr. and Mrs. Frederick Raymes, 24 Woodlot Lane, Huntington, NY 11743 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 RnAD- STATE RnAD 25 SOLITHnLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 December 10, 1987 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significanc~ APPEAL NO.: 3694 PROJECT NAME: THERESA CZECH 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: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: For approval of open deck construction as exists LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 150 Goldin Lane, Southold,_NY 1000-135-2-19 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) Information has been submitted by applicant or his agent indicating that the project will not involve the disturbance of wet- land grasses or areas subject to flooding which may be considered wetlands. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, 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) The relief requested is a setback variance as regulated ~y Section 617.13, 6 NYCRR,SEQRA mc .JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD November 9, 1987 Town Hall, 53095 Main Road P.O. Box I 179 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. 3694 , application of Theresa Czech 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. dith T. Terr~/ Southold Town Clerk TOWN OF SOUTH~I.D, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~ ~'~ ~ L~ DATE / /.~. ~7 1, (~-..... ............. :..'J ............ , ................. ... .......... of ........................ ............................... ~ .................... Nome of Appellant Street and Number - " '/'~'~'~te .......... HEREBY APPEAL TO ......... ; ............. L...:. ..................................................................... :: / Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED '- : / WHEREBY THE BUILDING INSPECTOR DENIED TO ....... :T../:.:...r::..:.-. ........ ~,.,..~:.~,~...T. ............................. Name of Applicant for permit of ( ) ( ) Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ...... Street /Hamlet / Use District on Zoning Map District 1000 Section ~lock,' :Lot // ~ . ................................................ ~: ........... ::.; ........... '.....~urrent Owner :',.' Mop No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section/ Sub- section and_~Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article__~ Section ,,-, ,~t 3, TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ) A VARIANCE to the Zoning Ordinance or Zoning Mop A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 ) 4. PREVIOUS APPEAL A previous appeal (l~e) (has not) been 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 a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. 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 STATE OF NEW YORK ) ss COUNTY 0 ) this ~ day of ........ ~..~. Sworn to BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : to the Board of Appeals of the Town of Southold : NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thai ir i~ ~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~(Variance/)~(Special Exception) {Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ~/-" 2' Z 'J ~/~' ,~',~/~_' ~/~'-/_~ / $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article [ ] Section 280-A, New Yo~k 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 ma), then and there examine the same during regular office hours. (53.6) 76S-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 repres~entat~e have the right to appear and be heard at such hearing. Dated:///- ,~'- d~'/ ~_.~/g.~_~ ~.~.~.~_~. Petitioner ~ - Owners' Names: Post Office Address [Copy of sketch or plan showing proposal to be attached for convenience purposes,] PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS p 774 954 066 RECEIPT FOR CERTIFIED MAIL (See Reverse) p 774 954 065 RECEIPT FOR CERTIFIED MAiL (See Reverse) __ 7 Special Delivery Fee Restricted Delivery Fee Relu n Receipt show'n9 to whom &nd Date Del vered [ shOWlr~9 to residing at , being duly sworn deposes and says that onthe __ of 19 ~,~ deponent mailed a tr~ue copy of. the Notice set forth , the re- verse side hereof, directed to each of ~he 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- _~o,~-/-~o/~/ ; that registered) mail', f7 ~ ~. said Notices were mailed to each of said Persons by Sworn to b~fore me: this day of~,19~ · ~ d Notary Public ' N .ELIZa_ BETH ANN NEVILLE ma~/~'ublic, State of New York _No. 52-8125850. Suffolk mrm Expire~ October 31, !1e~',~ (This side does not have to be completed on form transmitted to adjoining property owners.) .I,ST~UCT~O~S~ (a) In order to answer tho quest, ions in this abort £AI.' 1~ is assumed them the - pro~arar will ua~ currently ~vailablo infon~'~tion concerning tho proJ~c~ and tho or other lnvoa~tgatlono w~ bo ~dortalcon. (b) l~ any question hao boon annwor~d Yes Lbo project r~y h~ nl;:n~/lconr and ccEplotod gnvtro~ental Aa~oa~mant Fo~ 13 neccuaa~7. (C) If all quoation~ have been answered No It l~ likely ~k~: thD; proJ.ct In (0) ~qvironmental Annennmt'nt 1, Wll! project result In a ~a~go phxs~cal Clmngo to the project o~to or physically ~lter than 10 acr~a of ~and? , , · , . . . , , 2, Will thoro bo a ~Jor chnn~o to any ,mtquo o~ unuoual land fo~ found on tho mite? . 3. W~i ~roJcct alter.or haw a ~ar&u uff,,c% on &. W~! proJec: have a potontiallg larKu lmpacb on 6, W111 project affect any tl~on%,:n,,,I or endangered '-plant or ank%~l ~pecico? . . , .... . 7, W~I project re~t in u ira jot .dvluu.~ o['f~:ct W~i project havo'a tinier effect cn vlnual chef.- actor of tho cor. munl:7 or scenic views or kao~ to bo i~porta~l~ go ~ho com.~unity'/ . . . 9. Will pro~ec: adv,r~ol~ lmpac~ an7 s~t, or crc of hX~torlc~ pro-historic, or lmluoncologlcal importance or any site dosignatnd as a critical onvlronmca~l area by a local aim Icy? 10. W~i project have a ~Jor offset on exiut~g or future recreational opport~itio~? . . . Will project.result' in ~%Jor truffle problemn 12. Will project rogt~arly cau:;o ebb ctionable noise, glare, vibratlcn, or electrical anco a~ a ro~t o~ the pro~ect'u creratien? Will pro,oct have any impact ~n Imbllc health or ~al'ut7? 1L. Will project ~,ffoct tho uxiuting c'omm,a~lt7 by perto~ nj lave a major nell~,ti..,e effect o,~ 1~. I~ there pu~controv.rn7 ' , ~EPRES~:;TZ:C: -.~._.. Ye~ ../ _Q_~STIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS TO THE BO~'RD'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. Are there any proposals to change or alter land contours f~ seaward of area under construction? Yes a~ thm~ any areas which contain wetland orasses? (Attached is a list of the wetland grasses deTlned by ~ Town Code, Ch. 97 for your reference.) Yes 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, etc? ~ No 5. If project is proposed for an accessory building or ~ structure, is total height at more than 18 feet above average ground level? State total: ft. Yes If project is proposed for principal building or structure, is total height at more than 35 feet above average ground~l? State total: ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under ~our ownership, if any)? State Permit # and Nature: Yes0 Yes O Yes ~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trostees County Health Department Village of Gree.nport N.Y.S.D.E.C. Other 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers ~ and conditions of'sale. (from contract). Yes ll. Is new constru.ction proposed in the area of contours ~ at 5 feet or less as exists? - Yes 12~ If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? 13. Please list present use or operations conducted upon the subject property at this time ~ and proposed ~ltl~ ~ ~, ~~ ~. I certify that the above statements are true and are bei. ng submitted for re~e ~V the Board/~qppea]~ in considering my application. · Signatbre (Property Ov~l~er) (Authorized Agent) Yes Yes Yes Yes Yes Yes Yes Yes 3/87 lk § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L,L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean Iow tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, .hogs, salt marsh, swamps, meadows, flats or other Iow lying lands subj&t to tidal action; (2) All banks, bogs, meadows, fiats anti tidal marsl~ subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tail cordgrass, high bush, cattails, groundscl, marshmallow and Iow march cordgrass; and/or All land immediately adjacent to a tidal wethmd as defined in Subsection A(2) and lying within sc~'cn- ty-fivc (75) feet hmdward of thc m.~tt landward edge of such a tidal wetland. B. FRESIIWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- fie 1. § 24-0107, Subdivisions 1(a) to l(d) inclusive, of the Environmental Conserv'ation Law of ;he State of New York: and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection i~(I) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "fresbwater wetland." 97O5 2-25-85