HomeMy WebLinkAbout3684Southold Town Board o£Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLO, L.I., N.Y. '119'71
ACTION OF THE ZONING BOARD OF APPEALS
TELEPHONE (516) 765-1809
Appeal No. 3684
Application Dated 0ct0ber 20, ]987
TO: Mr. and Mrs. William Molchan
2600 Ruth Road
Mattituck, NY 11952
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on November ]8, 1987,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[×] Request for Variance to the Zoning Ordinance
Article III , Section ]00-32
[ ] Request for
Application of WILLIAM AND VERA MOLCHAN for a Variance to the
Zohing Ordinance, Article III, Section 100-32 for permission to
locate accessory inground swimmingpool, decks, and fence enclosure
in the frontyard area (in excess of 300'feet from the front proPerty
line) at premises located along the north side of Ruth Road (north
of Sunset Drive), Mattituck, NY~ County Tax Map Parcel No. 1000-
106-1-3.
WHEREAS, a public hearing was held and
ber lO, 1987 in the Matter of the Application
under Appeal No. 3684, and
concluded on Novem-
of WILLIAM MOLCHAN
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:
l. The premises in question is locate~ in the "A-80'~ Residential
Zoning District and is a described parcel of land containing a total
lot area of 4.85± acres with 200± ft. frontage along the north side
of Ruth Road at Mattituck, and fronting the Long Island Sound.
2. The subject premises is improved with a single-family
one-story frame dwelling constructed under Building Permit #8192Z
issued September 10, 1975 and more particula'rly shown on survey
prepared December 3, 1975 by Young & Young, L.S. (#75-261). The
dwelling is set back a distance of 130± feet from the top of bluff.
(CONTINUED ON PAGE TWO)
DATED: December 2, 1987.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOuTHOLD TOWN
OF APPEALS
ZONING BOARD
Page 2 - Appeal No. 3684
Matter of WILLIAM AND VERA MOLCHAN
Decision Rendered November 18, 1987
3. By this application, appellants appeal a Notice of
Disapproval dated October 15, 1987 from the Building Inspector
for permission to locate an inground swimmingpool with decks
and fence enclosure as an accessory structure in the front-
yard area with a setback of at least 300 feet from the front
property line (along Ruth Road) and minimum of 40 ft. sideyards.
The size of the proposed pool is 21 ft. by 41 ft. The deck
areas around the pool are proposed at six feet, and the fence
enclosure is proposed at approximately l0 feet around the pool.
4. Article III, Section 100-32 of the Zoning Code
permits such accessory structures in the rearyard area. The
appellants' rearyard area is that area between the top of the
bluff (at an elevation of 122 feet above mean sea level) and
the existing dwelling. Article XI, Section 100-119.2 enacted
during 1985 prohibits construction within 100 feet of the
bluff, and locating this proposed accessory structure in
the required rearyard would also require variances.
5. It is the opinion of the Board that the location
of the proposed structure in the area requested with a setback
of more than 300 feet from the front property line: (a)
(a) will not affect the immediate residential areas and
is private; (b) does exceed the general frontyard setback
for principal structures; (c) is more feasible than
disturbance of the land within the 100 ft. setback of the
bluff during the course of construction of same.
6. In considering this appeal, the Board also finds
and determines that the grant of the relief requested: (a)
is the minimal necessary under the circumstances; (b) the
circumstances of the property are unique and are not personal
in nature; (c) there will be no substantial change in the
character of the area; (d) there is no other method feas-
ible for appellants to pursue other than a variance; (e)
in view of all the above factors, the interests of justice
will be served.
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT the relief requested in the Matter
of the Application of WILLIAM AND VERA MOLCHAN under Appeal
No. 3684 to locate a proposed inground swimmingpool with
decks and fence enclosure, as applied and SUBJECT TO THE
FOLLOWING CONDITIONS:
That the setback from the front property line along
Ruth Road be not less than 300 feet and from the side
property lines at not less than 40 feet (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
· oEHRINGER, C~IRMiN
December 2, 1987
RECEIVED AND FILED BY
THE SOUTHOnD
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following hearings
will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular
Meeting at the Southotd Town Hall, Main Road, Southold, New York~
on TUESDAY, NOVEMBER t0~ 1987 at the following times:
7:30 p.m. Appl. No. 3677 ROBERT MOHR. Variances to the
Zoning Ordinance, Article III, Section 100-31, Bulk Schedule,
for approval of decks attached to dwelling wi~h insufficient
rear and front yard setbacks, and Article III, Section 100-32
for approval of accessory garage structure located partly in
the sideyard area. Location of Property: West Side of Wabasso
Street, Southold, NY; County Tax MaD Parcel No. 1000-78-3-34.2.
7:35 p.m. Appl. No. 3675 - RICHARD MULLEN, JR. Va.riance
to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule,
for permission to construct showroom addition with an insufficien~
frontyard setback from the north property line. Location of
Property: Corner of Main Road and the East Side of Cottage Place,
Southold~ NY; County Tax Map Parcel No. 1000-62-3-20 and 19.
7:35 p.m. Appl No. 3674 - RICHARD MULLEN, JR. Special
Exception to the Zoning Ordinance, Article VII, Section 100-71,
Bulk Schedule, for permission to construct addition for showroom
use incidental to the existing car-sales business use in this
"B-I" General Business Zoning District. Location of Property:
Corner of Main Road and the East Side of Cottage Place, Southold,
NY~ 1000-62-3~_!9 and 20.
7:45 No. 3684 WILLIAM AND VERA MOLCHAN.
p.m.
Appl.
Variance to the Zoning Ordinance, Article III, Section 100-32~
the front property line) at premises located along the north
from
side of Ruth Road (north of Sunset Drive), Mattituck, NY; County
Tax Map Parcel No. 1000-106-1-3.
7:50 p.m. Appl. No. 3514 - GEORGE P. SCHADE. Variances to
the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule,
for approval of the proposed insufficient lot area and width of
two parcels in this pending set-off division of land located
along the west' side of Cedar Lane (west of Summit Road), Southold,
NY; County Tax Map P.~cel No. 1000-78-7-42.
Page 2 Notice of Hearings
Regular Meeting - November 10,
Southold Town Board of Appeals
I 987
7:55 p.m. Appl. No. 3673 --NICK MIHALIOS. Variance to the
Zoning Ordinance, Article XI, Section 100-119.2 for permission to
locate in§round swimmingpool, decks and fence enclosure with an
insufficient setback from the top of bluff along the Long Island
Sound. Location of Property: north side of The Strand, Lot #124,
Map of Pebble Beach Farms, East Marion, NY; County Tax Map Parcel
No. 1000-30-2-74.
8:00 p.m. Appl. No. 3680 - LEONARDUS AND MARIE VANOUDENALLEN.
Variance to the Zoning Ordinance, Arti'cle III, Section 100-31, Bulk
Schedule, for permission to construct addition to dwelling with
an insufficient setback from the closest point of arc along the
front property line. Location of Property: North Side of Sailors
Lane (a private road), approximately 147 feet west of Little
Peconic Bay Road, Nassau Point, Cutchogue, NY, County Tax MaD
Parcel No. 1000-111-14-7.
8:05 p.m. Appl. No. 3683 GEORGE L. PENNY INC. Variance to
the Zoning Ordinance, Article XI, Section 100-119.1, for permission
to erect fence in the frontyard area at a height not to exceed
6½ feet. Location of Property: North Side of Sound Avenue (or
North Road), and the South Side of C.R. 48, (Middle Road),
Mattituck, NY~ County Tax Map Parcel No. 1000-141-3-38.1.
8:10 p.m. Appl. No. 3682 - GEORGE L. PENNY INC./JERRY SHULMAN.
Special Exception to the Zoning Ordinance, Article VIII, Section
lO0-80(B) for permission to use existing storage building for
warehousing and storage of lumber and buildin§ materials and
supplies, in conjunction with the existin§ lumberyard opposite
Sound Avenue. Zone DistrictJ "C-Light Industrial." Locati6'n
of Property: South Side of Sound Avenue (or North Road), Matti-
tuck, NY; County Tax Map Parcel No. 1000-141-3-41.
8:15 p.m. Appl. No. 3678 - DAVID LaFRENIERE. Variance to
the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule,
for permission to construct addition to existing building with
an insufficient setback from the side (westerly) property line.
Location of Proper%y: Corner of Main Road and the West Side of
Peconic Lane, Peconic, NY~ County Tax Map 'Parcel No. 1000-75-5-10.
Zone District: '~B-1~' General Business.
8:20 p.m. Appl. No. 3671 - ANDRE AND THOMAS CYBULSKI.
Variance to the Zonin§~Ordinance, Article III, Section lO0-30(A)
Page 3 Notice of Hearings
Regular Meeting - November 10,
Southold Town Board of Appeals
1 987
for permission to utilize premises for book publishing operation~,
wholesale book stora§e, and updated 280-A approval over the
existing private right-of-way for such use. Zone District: "A"
Residential and Agricultural. Location of Property: West Side
of Depot Lane, Cutchogue, NY~ County Tax Map Parcel No.
1000-96-5-1.2 and part of 1.1.
8:35 p.m. Appl. No. 3679 - ROBERT AND DOLORES SCNISSEL.
Variance for permission to construct open deck addition with an
insufficient setback from nearest wetlands.per Article XI,
Section 100-119.2. Location of Property: 7~0 West Shore
Drive, Reydon Shores Map, Lot 9 ano part ot 8, Southold, NY;
County Tax Map Parcel No. 1000-80-1-46.
8:45 p.m. Appl. No. 3564 JONN DEMPSEY/ROBIN RAEBURNI
Variances: (a) for final approval under New York Town Laws
Section 280-A over the existing private right-of-way, and
(b) for permission to locate oroposed dwellin9 with an
insufficient setback from top of bluff along the Long Island
Sound, per Article XI, Section 100-119.2. Location of
Propeety: Extending at the north end of a private right-of-way
(traveled over lands of Bokina from the north side of Bridge
Lane Extension and Oregon Road in a northerly direction)
to the subject premises identified on the Suffolk County Tax
Maps as District 1000, Section 73, Block 2, Lot 3.6
(prev. 3.4 and 3.5).
9:00 p.m. Appl. No. 3672. ANTHONY GAMBtNO. Variance
to the Zoning Ordinance, Article XI, Section 100-119.2 for
approval of the construction of hew'id~elling with an
insufficient setback from nearest tidal wetlands and/or
ordinary highwater mark along Deep Hole Creek. Location
of Property: East End of Lupron Point Road, Mattituck, NY;
County Tax Map Parcel No. lO00-115-11-10.
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 conclusion of the subject hearing. For more informa-
tion, please call 765-1809.
Dated: October 26, 1987: BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
.GERARD P. GOEHRINGER, CHAIRMAN
~ [inda Kowalski, Board Secretary
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
To ¢~..h~.~..~...~...~. ~.~. ........
.~..~. ~. ~...e...~&... ..............
. .'~.~..~... ~:.~.-..u..t .~..~ ....
PLEASE TAKE NOTICE that your application dated .. ~ ~ .~.. ! .%'~ ......... 19 .~. 9..
for permit to construct..o~I...0~.¢. ~...~.~~..~...o~..../-~.., .~....k~..~..~..e~..~... at
Location of Property....~., ./~..a~,.,..~.. ,.~.~ .... ., .x'~. ~9~ ...........
House No. Street Hem/et
County Tax Map No. 1000 Section .. ~. ~)..~ ...... Block .... .~ ) ....... Lot ...Q .~ .......
Subdivision ................. Filed Map No ................ Lot No ..................
is returned herewith and disapproved on the following grounds..~)~....' .e~....~....~.,...c~../.~..C .~.>--
.*-~ ~...~.... ~..~...~.....~...~..~t...*~......~%. ,..%.~ .......
Building Inspector
RV 1/80
/0; ~ TOWN OF $OUTHOLD, NEW YORK
DEOS ON aP BU"D NG NSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.,
APPEAL NO, ~-~
DATE 10/19/87
Name of Appellant Street and Number
............ ~.~Ltu~k ...........................................................
Municipality
....... ~,",~: ............ HEREBY APPEAL TO
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
Name of Applicant for permit
2600 Ruth ~d., Mattztue.k., .~.y.
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
21' × ¥1' inground swimming ~ooZ w~ 6' ~ee~ ~ ~ ~' ~e~ee
]. LOCATION OF THE PROPERTY ...2.~..O..O....~,~...~,.].r...~:;,.~, ....... ,~.~.,~,~.,'.Z,~.~.,?.~,,~ ........ ..~,,.,~,~.,.: .................
Street /Hamlet / Use District on Zoning Map
Map 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 Ordi.nance.)
Article ~ Section
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 Law Chap. 62 Cons. Laws
Art, 16 Sec. 280A Subsection 3
()
4. PREVIOUS APPEAL A. previous appeal (hos)~'~een mode with respect to this decision
V
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(V'~ A Variance to the Zoning Ordinance
( )
is requested for the reason that thsrs is constant erosion in back of the ~ou~e~
therefore it is not ~dvisable to put a swimming pool there.
I would like to have the pool in front of the house because it is at
least 578 ft. from the house to the road in a wooded area, it will
not be seen from any other neighboring houses.
~orm ZB1
(Continue on other side)
REASON FOR APPEAL
Continued
1 STRICT APPLICATION OF THE ORDINANCE would produce practical dJfficultJ;~ or ~ri~eces-
~ary HARDSHIP because
2. The hardship created is UNIQUE and ~s not shared by ali properties alike in the immediate
vicinity of this property and in this use district because
in back of the hou'se.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
STATE OF NEW YORK )
)
COUNTY OF ,~Y~*/'~'~' )
LibIDA F KOWALSKi
~OTAI~Y PUBLIC, State of New ~o~,
No. 52.452477]
~mm~Lofl ~p~re~ Nov 30 1~88
OWNER
STREE~
~au~J b
FARM
TOTAL
luZ _°o
DATE
VI LLAGE
COMM. CB. MICS,
DiS~__.1 .~.~ SUB. LOT
Mkt. Vague
REMARKS
To~I
House Pbt
TiilabJe FRONTAGE ON WATER ~ 0 D ~,. := fo
,Woodland FRONTAGE ON ROAD
: Meadow~ DEPTH .... ~V /0 ~/
COLOR ,~v~ o;~ C ~
TRIM
£xtet~sion
- Exten~io~
~rch
Foundation
IFloors
He~t
Rooms Ist Floor
Rooms 2nd Floor
Driveway
:
o -"PIPE
ELEVATIONS ARE REFERENCED TO AN
A$SUM~-D DATUM
~UE.. ,2'8:,/9_75
OC~ /6,1975
DEC.,F, 1975
YOUNG & YOUI
400 OSTRANDER AVENUE, RIVERH
W, YOUNG
SURVEY FOR:
WILLI,~M MOLCH,~N ~
AT
MA T TI TUCK
GUARANTEED TO:
THE rlr~ GUA~ANTEECO.
Southold
MAIN ROAD- STATE
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERTJ. DOUGLASS
JOSEPH H. SAWICKI
Town Board of Appeals
ROAD 25 SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time and date
of the public hearing concerning your recent application is
a copy of the Legal Notice as published in the L.I. Traveler-
Watchman, Inc. and Suffolk Weekly Times, Inc.
Someone should appear in your behal.f during the public
hearing in the event there are questions from board members
or persons in the audience. Please be assured that your
public hearing will not start before the time allotted in
the Legal Notice.
If you have any questions, please feel free to 'call
our office, 765-1809.
Yours_ very tr~ul~..~ ~, ~
Gl~RARD P. GOEHRINGER ~
CHAIRMAN
Enclosure
Linda Kowal ski
Secretary and Board Clerk
TRANSCRIPT,OF HEARING
SOUTHOLD TOWN BOARD OF APPEALS
R'EGULAR'MEETING OF
TUESDAY, NOVEMBER 10, 1987
Appl.'N0.,3684
Applicant(s): William and Vera Molchan
[0cati0n of Property: North Side of Ruth Road,
.County Tax. Map ID No. lO00- 106~ 1 - 3
Mattituck
Board' Members'present ~ere:
Members: Grigonis, Douglass,
Chairman Goehringer P. Goehrin§er,
Sawicki, and Qoyen
Absent was: (None) Also Present were: Victor Lessard (Building Dept.)
Linda Kowalski, Z.B.A. Secretary and approximately 20 persons in the
audience.
The Chairman opened the hearing at 7:45 o'clock p.m. and
read the notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a qopy of a survey dated May 7, 1975
indicating an ~proximate one-sto'r~y house in excess, almost 600 feet
from the road which is Ruth Road. · And I have a copy with a pencilled
in area of which the swimming pool.is proposed which is in front of
the house just to the south of the circular driveway approximately
equally centered in the middle of the lot. 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 Mr. Molchan? Is there anYbody
else who would like to speak on behalf of this application?.. Is there
anybody who would like to speak against the application? The usual
questions that we ask are; is at any time, the swimming pool going
to be enclosed with a permanent roof?
MR. MOLCHAN: None at all.
CHAIrmAN GOEH~INGER: And how large-is the pool?
MR. MOLCHAN: ·It's .21 by 41.
CHAIRMAN GOEHRINGER:
And how large is
the deck approximately around
MR. MOLCHAN: It's about 4 to 6 feet around.
CHAIRMAN GOEHRINGER: And the fence will be how far around the pool?
MR. MOLCHAN: We~l, it's completely all the way around. About 10
feet around the pool.
Page 2 - November 10, 1987
Public Hearing - W~iam and Vera Molchan
Southold Z.B.A.
CHAIRMAN GOEHRINGER: Can you give us some indication on how far...
I see 350 feet plus or minus. Is that approximately where the pool
is going to start?
MR. MOLCHAN: Within a few feet.
CHAIRMAN GOEHRINGER: So if we~were to say no closer than 350 feet
to Ruth Road, you would be happy with that?
MR. MOLCHAN: Yes.
CHAIRMAN GOEHRINGER: Alright. We thank you very much. Are there
any questions from Board members? Hearing no further questions,
will make a motion closing the hearing, reserving decision until
later.
Ail in favor - AYE.
CHAIRMAN GOEHRINGER: We'll try and give you a decision as quickly
as possible. You probably want to start it this year. Thank you
very much.
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
MICHAEL A. LOGRANDE
SUFFOLK COUNTY EXECUTIVE
360-5206
LEE E. KOPPELMAN
DIRECTOR OF PLANNING
December 10, 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.
Appiicant(s}
Municipal File Number(s)
Richard Mullen, Jr.
Richard Muller, Jr.
David LaFreniere
Mr. & Mrs. Robert Schissel
Mr. & Mrs. William Molchan~'
3674
3675
3678
3679
3684
Very truly yours,
Lee E. Koppelman
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGON~S, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l
IELEPHONE (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 IzI, Section 100-32
Variance from Determination of Southold Town Building Inspector
Special Exception, Article , Section
Special Permit
Appeal No.: 3684 Applicant: ;Ir. and Mrs. William Molchan
Location of Affected Land: N/s Ruth Road, Mattituck'
County Tax Map Item No.: 1000- 106-]-3
Within 500 feet of:
Town or Village Boundary Line
XX Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Hig!]way, Thruway
Boundary of Existing or Proposed County, State or Federally Own~]d La~
Boundary of Existing or Proposed County, State or Fu<h) rai
Other Recreation Area
or
Existing or Proposed Right-of ~,~ay of Any Stream or
Owned by the County or for Which The County Ila,, [stabli,,h~:d
Lines,
Within One Mile of a Nuclear Po~,~er Plant
Within One Mile of An Airport.
COMMENTS: Applicant is requesting permission to locate accessorz
inground swimmingpool, decks and fence enclosure in the fron~ard
area
Copies of To~,~n file and related documents enclosed For your revi.w.
Dated: December 4, 1987
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- STATE ROAD 2S SOUTHOLD, L.I.. N.Y. 11971
TELEPHONE (516) 765 1809
_. December 2, 1987
Mr. and Mrs. William
2600 Ruth Road
Mattituck, NY 11952
Molchan
Re: Appeal No. J684 (Variance)
Dear Mr. and Mrs. Molchan:
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
issuance of any permits or other approvals in
be applicable.
Department for
writing as may
Please do
or that of the
questions.
not hesitate to call either our 'office (765-1809
Building Inspector (765-1802) if you have any
Yours very truly,
Enclosure
Copy of Decision to:
Building Department
Suffolk County Department
of Planning
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Southold Town Board of Appeals
HAIN ROAD- STATE ROAD 25 SDUTHOLD, L..I., N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGON[S, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Notice
November 10, 1987
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
of Determination of Non-Significance
APPEAL NO.: 3684
PROJECT NAME: WILLIAM AND VERA MO~CHAN
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: ~] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION:Locate accessory pool, decks and fence
enclosure in the front yard (in excess of 300 ft. of the front property
line
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Ruth Road, Mattituck, NY _ 1000-106-1-3
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) Construction proposed is landward of existing structures.
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802.
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
rac
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 of
the Town Law and the Code of
the Town of Southold, the
l~llowing hearings will be held
by the SOUTHOLD TOWN
BQARD OF APPEALS at a
Regular Meeting at the Southold
Town Hall, Main Road,
Southold, NY on TUESDAY.
NOVEMBER 10~ 1987 at the
following times:
7:30 p.m. Appl. No. 3677-
ROBERT MOHR. Variances to
the Zoning Ordinance, Article
111, Section 100-31 Bulk
Schedule, tbr approval of decks
attached to dwelling with insuf-
ficient rear and front yard set-
backs, and Article ltl, Section
100-32 for approval of accessory
garage structure located partly
in the sideyard area. Location of
Property: West Side of Wabasso
Street, Southold, NY; County
Tax Map Parcel No.
1000-78-3-34.2.
7:35 p.m: Appl. No. 3675-
RICHARD MULLEN. JR.
Variance to the Zoning Or-
dinance, Article VII, Section
100-71, Bulk Schedule, for per-
mission'to construct showroom
addition with an insufficient
frontyard setback from the
north property line. Location
and the.East. Side ,of Cottage
Place, Sou(hold, NY; Codnty
Tax Map Parcel No.
1000-62-3-20 and 19.
7:35 p.m. Appl. No. 3674-
RICHARD MULLEN, JR.
Special Exception to theZoning
Ordinance, Article VII, Section
100-71, Bulk Schedule, for per-
mission to construct addition
for showroom use incidental to
the existing car-sales business
use in this "B-I" General
Business Zoning District. Loca-
tion of Property: Corner of
Main Road and East Side of
Cottage Place, Southold, NY,
1000-62-3-19 and 20.
7:45 p.m. Appl. No. 3684-
WILLIAM AND VERA
_MOLCHAN. Variance to the
Zoning Ordinance, Articie I11,
Section t00-32, for permission
to locate accessory inground
swimming pool, decks, and
fence enclosure in the fromyard
area (ill excess of 300 feet from
the front property line) at
premises located along the norlh
side of Ruth Road (north o{
Sunset Drive), Mai(truck, NY
Count), Tax Map Parcel No~,~
7:50 I:~Appl. No. 3514-
GEORGE P. SCHADP.
'~arlances to the Zoning Or-
dinance, Article II1, Section
100-31, Bulk Schedule, for ap-
proval of the proposed insuffi-
cient lot area and width of two
parcels in this pending set-off
division of land located along
the west side of Cedar Lane
(west of Summit Road),
Southold, NY; County Tax Map
Parcel No. 1000-78-7-42.
7:55 p.m. AppL No. 3673-
.NICK M[HALIO~, Variance to
the Zoning Ordinance, Article
Xl, Section 100-119.2 for per-
mission to locate inground
swimming pool, decks and fence
enclosure with an insufficient
setback from the top of bluff
along the Long Island Sound.
Location of Property: north side
of The Strand, Lot No. 124,
Map of Pebble Beach Farms,
East Marion, NY; County Tax
Map Parcel 'No. 1000~30-2-74.
8:00 p.m. Appl No. 3680-
LEONARDUS AND MARIE
.AN U ENAL N. Variance
to the Zoning Ordinance, Arti-
cle 111, Section 100,31, Bulk
Schedule, for permissiofl to con-
struct addtion to dwelling with
an insufficient setback from the
struct addition to dwelling with
an insufficient setback from the
closest point of arc along the
front property line. Location of
Property: North Side of Sailors
Lane (a private road), approx-
imately 147 feet west of Little
Peconic Bay Road, Nassau
Point, Cutchogue, NY, Coun-
ty Tax Map Parcel No.
1000-111-14-7.
8'05 p.m. Appl. No. 3683-
'GEORGE_ L. PENNY INC.
Variance to the Zoning Or-
dinance, Article XI, Section
100-119.1, for permission to erect
fe~ace in the frontyard area at a
height not to exceed 6Vz feet.
Location of Property: North
Side of Sound Avenue (or
North Road), and the South
Side of C.R. 48, (Middle Road),
Mattituck, NY; County Tax
Map Parcel No. 1000-141-3-38.1.
8:10 p.M. Appl. No. 3682-
Special Exception to the Zoning
Ordinance, Article VIII, Section
100-80(B) for permission to use
existing storage building for
warehousing and storage of
lumber and building materials
and supplies, in conjunction
with the existing lumberyard op-
posite Sound Avenue. Zone
D str CLt: "C:Lighl
Locat on of Property 'Youth
S de of S~und Avenue ~'6r Norifi
Road), Mattituckl NY: coUnty
Tax Map Parcel No.
1000-141-3-41.
8:15 p.m. Appl. No. 3678-
DAVID LaFRENIERE.
Variance to the Zoning Or-
dinance, Article VII, Section
100-71, Bulk Schedule, for per-
mission to construct addition to
existing building with an insuf-
ficient setback from the side
(westerly) property line. Loca-
tion of Property: Corner of
Main Road and the gsq-'st Side of
Peconic Lane, Peconie' NY;
County Tax Map Parcel No.
1000-75-5-10. Zone District:
"B-I" General Business.
8:20 p.m. App!. No. 3671-
ANDRE AND THOMAS
CYBULSKI~ Variance to the
~ning Ordinance, Article Ill,
Section 100-30(A) for permis-
sion to utilize premises for book
publish ng operations wholesale
book storage, ann upumeu
280-A approval over the existing
private right-of-way for such
use. Zone District: "A" Residen-
tial and Agricultural. Location
of Property: West Side of Depot
Lane, Cutchos~ NY; Co~
Tax Map Parcel
1000-96--5-1.2 {~nd part of l.I.
8;35 p.m. Appl. No. 3679-
ROBERT AND DOLOR~:~
.SCHISSEL. Vnr~ance for per-
mission to construct open deck
addition with ;tn insufficient set-
back from nearest wetlands 'per
Article XI, Section 100-119.2.
Location of Property: 710 West
Shore Drive, Reydon Shores
Map, Lot 9 and part of 8,
Sou(hold, NY; County Tax Map
Parcel No. 1000..80-1-46.
8:45 p.m. Appl No. 3564-
JOHN DEM PSEY/ROB~IN
RAEBURN. Vatiunces: (a) for
final approval under New York
Town Law, Section 280-A over
the existing private right..of-VC~y,
and (b) for permission to locate
proposed dwelling with an in-
sufficient setback from top of
bluff along the Long Island
Sound, per Article Xl, Section
100-119.2. Location of Property:
Extending a~ the north end ora
private right~of-way (travel~
over lands ~f Bokina from.the
north side of Bridge Lane
tension and Oregon Road~.'n a
northerly direction) to the SUb-
ject premises identified on the
Suffolk Count~ Tax Maps as
District 1000, S~etioa 73, Block
2, Lot 3.6 (prey.' 3.4 and 3.5).
9:00 p.m. Appl. No. 3672--
ANTHONY GAMBINO
dinance, Article XI, Section
10G-Jig.2 {'or approvai o£ the
construction of new dwelling
with an insufficient setback
from nearest tidal wetlands
and/or ordinary highwater mark
along Deep Hole Creek. Loca-
tion of Property: East End of
Lupton Point Road, Mattituck,
NY: Coomy Tax Map Parcel No.
1000-115-11-10.
The Board of Appeals will
hear at said time and place all
persons or representatives desir-
ing to be heard jn each of the
above matters. Each hearing will
not start before ~he 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: October 26, 1987
BY ORDER OF THE
SOUTHOLD TOW~
BOARD OF APPEALS
GERARD P. GOEHRINGER,
CHAIRMAN
Linda Kowalski,
Board Secretary
11-10/29 '87(30)
COUNTY OF SUFFOLK
SS~
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and th~it the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for .................... ./ ...... weeks
successively, commencing on the .......... .~. ?..~. ......
Sworn to before me this ........... .~. ....... day of
Notary Public
Ne, t~,~ ~biic, State of Ne~ York
IPage 34~he S.u~..olk, Times/October 29.1987
Ordinance, Article VII, Section
Legal Notices
NOTICE OF HEARINGS
NOTICE IS HEREBy
GIVEN, pursuant to Section 267
of the Town Law and the Cede of
the Town of Seuthold, the follow-
lng hearings wt~ hcld by the
SOUT~OLD ~ BOARD
OF~EAI~ at a Regular
Meeili~Pat the 8outhold Town
Hall, Main Road, Southold, New
York, on TUESDAY,
NOVEMRER l~ 19~7 at the
following times:
7:30 p.m. Appl. No. 3677 -
ROBERT MOHR. Variances to
the Zoning Ordinance, Article
111, Section 100..31, Bulk
Schedule, for approval of decks
attached to dwelling with insuf-
ficient ~ar,~id front yard set-
backs, ami Article HI, Saetion
100-32 for eiq~val of accessory
garage structure located partly
in the sideyard area. ~ocation of
Prop~Weat Side of Webaaso
Street, ffouthold, NY; County
Tax Map Parcel No. 1000-78-3-
MULI,P.N, JR.
Variance to the Zoning Ordi-
nance, Article VII, Section 100-
71, Bulk Schedule, for permis-
sion to construct showroom addi-
tion with an insufficient fron-
tyard setback from the north
property line. Location of Prop-
erty: Corner of Main Road and
the East Side of Cottage Place,
Southold, NY; County Tax Map
Parcel No. 1000-62-3-20 and 19.
7:35 p.m. Appl. No. 3674 -
RICHARD MULLEN, JR.
Special Exception to the Zoning
County Tax Map Parcel No.
1000-30-2-74.
8:00 p.m. Appl. No. 3680 -
LEONARDUS AND MARIE
VANOUDENALLEN. Vari-
ance to the Zoning Ordinance,
Article III, Section 100-31, Bulk
Schedule, for permission to con-
struct addition to dwelling with
an insufficient setback from the
100-71, Bulk Schedule, for per-
mission to construct addition for.
showroom use incidental to the
existing car-sales business use
in this "B-I' General Business
Zoning District. Location of
Property: Corner of Main Road
and the East Side of Cottage
Place, Seuthold, NY, 1000-62-3-
~9and20. closest point of arc along the
7:45 p.m. Appl. No. 3684 ~ front property line. Location of
WILLIAM AND VEgA MOL- \ Property: North Side of Sailors
CHAN. Variance to the Zoning ] Lane (a private roadl, approxi-
Ordinance, Article III, Section ] matoly 147 feet west of Little
100-32~ for permission to locate / Peconic Bay Road, Nassau
accessory inground swim-/_~ Point, Cutchogue, NY, County
mingpool, decks and fence en--] ,Tax Map Parcel No. 1000-111-
closure in the frontyard area (in ~ 14-7.
excess of 300 feet from the front ~ 8:05 p.m. Appl. No. 3683 -
property line) at premises 1o- \ GEORGE L. PENNY INC.
coted along the north side of \ Variance to the Zoning Ordi-
Ruth Road (north of Sunset % nonce, Article XI, Section 100-
Drive), Mattituck, NY, County } 119.1, for permission to erect
'~-'-Tax Map Parcel No. 1000-106-1- / fence in the frontyard area at a
3. / height not to exceed 6l/2 feet. Lo-
7:50 p.m. Appl. No. 35~b''~- cation of Property: North Sideof
GEORGE p. SCHADE. Vari- Sound Avenue (or North Read),
and the South Side of C.R. 48,
(Middle Road), Mattituck, NY,
County Tax Map Parcel No.
1000-141-3-38.1.
8:10 p.m. AppL No. 3682 -
GEORGE L. PENNY INCJ
JERRY SHULMAN. Special
Exception to the Zoning Ordi-
nance, Article VHI, Section 100-
80(B} for permission to use exist-
ing storage building for wareh-
ousing and storage of lumber
o. nd building materials and
supplies, in conjunction with the
existing lumberyard opposite
Sound Avenue. Zone District:
"C-Light Industrial." Location of
Property: South Side of Sound
Avenue (or North Road), Mat-
tituck, NY; County Tax Map
Parcel No. 1000-141-3-41.
8:15 p.m. Appl. No. 3678 -
DAVID LaFRENIERE. Vail-
ance~ to the Zoning Ordinance,
Article IH, Section 100-31, Bulk
Schedule, for approval of the
proposed insufficient lot area
and width of two parcels in this
pending set-off division of land
located along the west side of
Cedar Lane (west of Summit
Road), Sauthold, NY; County
Tax Map Parcel No. 1000-78-7-
42.
7:55 p.m. Appl. No. 3673 -
NICK MIHALIOS. Variance to
the Zoning Ordinance, Article
XI, Section 100-119.2 for petrols-
sion to locate inground swim-
mingpool, decks and fence enclo-
sure with an insufficient setback
from the tap of bluff along the
Long Island Sound. Location of
Property: north side of The
Strand, Lot #124, Map of Pebble
Beach Farms, East Marion, NY;
ance to the Zoning Ordinance,
Article VII, Section 100-71, Bulk
Schedule, for permission to con-
struct addition to existing build-
lng with an insufficient setback
from the side (westerly) property
line. Location of Property:
Comer of Main Road and the
West Side of Peconic Lane,
Peconic, NY; County Tax Map
Parcel No. 1000-75-5-10. Zone
District: "B-I" General Busi-
8:20 p.m. Appl. No. 3671 -
ANDRE AND THOMAS
CYBULSKI. Variance to ~he
Zoning Ordinance, Article III,
Section 100-30(Al for permission
to utilize premises for book pub.
lishing operations, ~-holezale
book storage, and updated 280-A
approval over the existing pti-
rata right-of-way for such use.
Zone District: "A' Residential
and Agricultural. Location of
Property: West Side of Depot
Lane, Cutehogue, NY; County
Tax Map Parcel No. 1000-96-5-
1.2 and part of 1.L
8:35 p.m. AppL No. 3679 -
ROBERT AND DOLORES
8CHISSEI~ Variance for por-
minion to constract open deck
addition with an insufficient set-
back from nearest wetlands per
Article XI, Section 100-119.2.
Location of Property: 710 West
Shore Drive, Reydon Shores
Map, Lot 9 and part of S, South-
old, NY; County Tax Map Parcel
No. 1000-80-1-46.
8:45 p.m. Appl. No. 3564 -
JOHN DEMPSEY/ROBIN
RAEBURN. Variances: (al for
final approval under New York
Town Law, Section 280-A over
the existing private right-of-
way, and (b) for permission to lo-
cate proposed dwelling with an
insufficient setback from top of
bluff along the Long Island
Sound, per Article XI, Section
I00-119.2. Location of Proper{y:
Extending at the north end of a
private right-of-way (traveled
over lands of Bokina from the
north side of Bridge Lane Exten-
sion and Oregon Road in a
northerly direction) to the sub-
ject premises identified on the
Suffolk County Tax Maps as Dis-
trict 1000, Section 73, Block 2,
Lot 3.6 (prey. 3.4 and 3.5).
9:00 p.m. AppL No. 3672 -
ANTHONY Ga, MB]NO. Van-
a~ce to ~he Zoning Ordinance,
Article XI, Section 100-119.2 for
approval of the construction of
new dwelling with an insufficient
setback from nearest tidal wet-
lands and/or ordinary highwater
mark along Deep Hole Creek.
Location of Property: East End
of Lupton Point Road, Mat-
tituck, NY; County Tax Map
Parcel No. 1000-115-11-10.
The Board of Appeals will
hear at said time and place all
persons or repre~entatlve~ d~sir-
lng to be heard in each of the
above matters. Each hearing
will not start before the time al-
lotted. Written comments may
be submitted prior to the conclu-
sion of the subject hearing. For
more information, please call
765-1809.
Dated: October 26, 1987.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD p. GOEHRINGER,
CHAIRMAN
Linda Kowalsk/,
Board Secretary
5756-1TO29
TOWN OF SOUTHOLD, NEW YORK
la~ C'~J~ AP'E~I~L ROM DECISION OF BUILDING INSPECTOR
DATE ] ~/1 :/: '/
TO THE ZON.NG BOARD OF ^P EALS, TOWN OF SCUT.OLD, N. Y.
1, ............ of .............
Nome of Appellant Street and Number
............. ~.~.[,~A ................................................................... '~.".J/.;. ............. HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. DATED 10/]5 ~
WHEREBY THE BUILDING INSPECTOR DENIED TO
of
.................... z~.I.[~L,.~ ........... r,~......a lc.h~l.q ........... Name of Applicant for permit
Municipoli~ State
Street and Number
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(/ 2]' w. ~1' in.round swinmtn~ Doc3 ~i*,h /" deck ~nd ~ ~' fence
~round noo!
1, LOCATION OF THE PROPERTY 2,'~00
Street /Hamlet / U~ District on Zoni~ Mop
District 1000 Section~.Bloc~ to~}~
..........................................
Mop No, Lot No. Prior Owher
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
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 Law Chop. 62 Cons. Laws
Art, 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (4~J~s not)~oeen
of the Building Inspector or with respect to this property.
Such ~ppeal was ( ) request for a special po, trait
( ) request for a variance
made with respect to this decision
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
) A Variance to Section 280A Subsection 3
~)'~'A Variance to the Zoning Ordinance
)
,s requested for the reason that ~here is const~-~nt erosi)q Iq tqack o*' the ~ou~.~e,
least
~'orm ZB! (Continue on other side)
REASON FOR APPEAL Continued '~c; ' ,.
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
SEE FRONT BOTTOM PARAGRAPH.
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 Chere
in bnck of the house.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
STATE OF NEW YORK )
)
COUNTY OFJ'~I!:~L~ )
SS
Sworn to this ........ . .~...~...."~... ....................... day
Signature
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or' the Petition of :
to the Board of Appeals o~ 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 Southold
request a~(Special Exception) (Special Permit) (Other) [circle choice]
to
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 2600 ~UTH ROAD ~ATTITUCK, N.Y. 11952
1000-106-1-3
3. That the property which is the subiect of such Petition is located in the foUowing zoning district:
RESIDENTIAL
4. That by such Petition, the undersigned will request the following relief: POOL & FENCE
ENCLOSURE IN FRONTYARD AREA.
5. That the provisions of the Southoid Town Zoning Code applicable to the relief sought by the under-
signed are Article III Section 100-32
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you may then and there
examine the same during regular office hours. (516) 76'5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: OCT. 20.1987
Petitioner
Owners ' Names:
Post Office Address
WILLIAM MOLCHAN & WF.
2600 RUTH RD.
MAgrPTTT~K': N.Y- 11952
PROOF OF MAIL, lNG OF NOTICI:
ATTACH CERTIFIED MAIL RECP-'IPT$
NAME ADDRESS
NOT EOR INTERNAT%ONAL MAiL
(See Reverse)
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
~A~L~-~z~:J~'' ~'%L4 , being duly sworn, deposes and says that on the.'~'~~/L' day
of ~ C~e:T~e he ~ I , 19 ~"~ , 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 curren~as?e~ment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at L.~-.+.c,~o ~ b~ ~,Lt'. ; that said Notices were mailed to each of said persons by
O(registere~ mai{.
Sworn to before me this
day of Oc..1'o
~'~'- ' -- -I~otary Public
LIND* F KOWRLSKI
ARY PUBLIC State of New
No 52.452477]
Ouahled m Suffolk County
mmiss~or txptfes NOV 30.
(This side does not have to be completed on form transmitted to adjoining
property owners,)
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
F'ile No ................................
· o ~. 3W.¢4.4~.~. ~. ~. ........
.~.4 ~ ~..~:~ ..............
7~.~~. ~:~....~.~. ~.~.~ ....
PLEASE TAKE NOTICE that your application dated .. ~' .~.. } ~ ........ ,19 ~. ~.
Location of Property ...~.~.~ .... ~..~ ...... ~3~~ ...........
Hoose No. $troot Homier
County Tax Map No. ~000 Section ... ].O.G ...... Block .... ~ ,I ....... Lot . .~ .~ .......
Subdivision ................. Eiled Map No ................. Lot No ..................
is returned herewith and disapproved on thc following grounds. ~. ~-~, ~. [.~.'. ~.~
~ ~ ~ ..4.. ~~~... ~ .......
~, .............. ~ ~.~ .......... ~ .
.............................
...........
Building Inspector
RV 1/80
?iORT RNV 1ROUH E U T..A I_.._~_~;:;H:3 Ir
(d) ~nvirnnmcntnl Annnn~men~
1, W~I project ros~ In a la/Re phyuical
to the project uito or physically niter moro
2. Will thoro bo a ~Jor change to arty qlliqUO O~
unuuua[ ~and ~o~ ~ound on tho ~itu? · · ·
3, W~I groJect ~l~or,or have a inr{;u effect oa
an oxlutln& body of watar? · . · . . Yen
W~! pro3oct have a potentially largo impacb on
gro~dwatcr quality? ' * * · ' * _
~, W~I project 81~iflcantly. effect ~rolnaEo
6. Will pro3cct affect any tJ~oatuno,I o~ endangered
'-plant ou anita[ upccieu? . . , .... '
air quall%y?
W~i project hava'a c'nJor effect cn viuiml char.-
bo
Lmpor:an~
%o
c°m~unit77 · · · ---- 'fen
ufo of h&~tori~, pro-historic, or paleontological
lmportnnco or any SitO designated as a critical
environmun~l urea by a local a{~uncy? · · ,
lO. W~I pro3oct have a ~of effect on exlu:~g
future recreational opport~tttoa'/ · · · -. You
~11. Will pro3oct.rooul%- in ~%30r traffic problema
12. Will uroJoc% rogt~arly cau::o ab l, ct~on:tble odor::, ..
anco aa a roa~t of the p2'ojoct'~ operation? .-.
l). Will project have any impact ~n public health
Will project ~ffoct tho oXiUttng cOmm,m{%7 by
dtrect~,y canuln~ a ~l-Owth In perm,il:,ttlt i~c{;uln-
period o~ h,avo a major m'llati'.'o el'fl'ct uti
PflEP~!ER' S r ....
_~_~STIO,,,,AfRE TO BE CO~'IPLETED AND SUB~.I[TTED
WITH YOUR APPLIC~TIO,I FORbIS TO THE BOARD OF ~PP~ALS
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 [hese areas on your survey
(or certified sketch), to scale, and submit other supporting documenta-
tion.
1. Are there any proposals to change or alter land contours?
· . · : -.'" Yes
Z.a} Are there any areas which contain wetland grasses?
(Attached is a list of the wetland grasses defined by
Town Code, Ch. 97 for your reference.) .
*b) Are there any areas open to a waterway without
3.
®
Yes
bulkhead? Yes
Are there existing structures at or below ground level,
such as patios, foundations, etc?
Are theFe any exis$ing or proposed fences, concrete
barriers, decks, etc?
If project is proposed for an accessory building or
structure, is total height at more than 18 feet above
average ground level? State ~otal: ft. Yes
If project is proposed for principal building or
structure, is total height at more than 35 feet above
average ground 1--J~'~l? State total: ft. Yes
Are there other premises under your Ownership abutting
this parcel? If.yes, please submit copy of deed. Yes
Are there any building permits pending on this parcel
(or abutting land under your ownership,-if any)? Yes
State Permit # and Nature:
Do state whether or not
concerning these premises
or agency (State, Town,
Planning. Board
Town Board
Town TrCstees
County Health Department
Village' Of Greenport
N.¥.S.D.E.C. "
Other
applications are pending
before any other department
County, Village, etc.):
10. Is premises pending a sale or conveyance?
If yes, please submit copy of names or purchasers
and conditions of sale.(from contract).
ll. Is new construction proposed in the area of contours
at 5 feet or less as exists?
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 Toun Trustees for an
inspection for possible waiver or permit under Yes
the requirements of Ch. 97 of the Toun Code?
13. Please list present use or operations ~onducted u~on the
subject property at this time --~'t42//,c~//v~ r~/_.
and proposed _
*Please submit photographs for '~be record.
I Certify that the above statements are true and are being submi:ted
reliance by the Board~.of Appea]s in considering my application.
~ 1 9~Kcf~u re (PropePcy O;'llie r-~ (J~ U E h o r-~'o d
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
for
3/3,7
§ 97-13
WETLAN~)S § 97-13
TOWN ~ The Town of Soutbold.
TRUSTEES __ The Board of Trustees of the Town of
Southold. [Added 6-5-84 by L.L. No.
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 iutermittent]y cov-
ered with, or which border on, tidal waters, or'lands
lying beneath tidal waters, which at mean Iow thio
are covered by tidal waters to a maximum depth of
five (5) feet. including but. not limited to banks.
bogs. salt'marsh. Swamps. meadows, flats or other
Iow lying lands subject to tidal action;
(2) All banks, bogs. meadows, fiats anti tidal-marsh
: subject to such tides and upon which ~rrows or may
grow some or any. of the following-: salt hay. black
grass, saltworts, sea' lavender, tall cordgrass, high
bush, cattails, groundsel, marshmallow and Iow
march cordgrass; and/or
(3) All land immediately adjacent to'a tidal wctkmd :ss
defined in Subsection A(2) and lying within seven-
ty-fk'e (75) feet hmdward of tile m,:~t landward
edge of such n tidal wctlaml.
FRESIIWATER WETLANDS:
(1) "Fresbwater wetlands" :ss defined in Article 2-1. Ti-
tle 1, § 2.1-0107. Subdivisions l(a) to l(d) inclusive,
of the Enviromnenud Conservation Law of the State
of New York; and
(2) All land immediately adjacent to a "freshwater wet-
land," as defined iu Subsection B(1) and lying with-
in seventy-five (75) feet landward of the most laud-
. ward edge of a "froshwaler wetland."
9705