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HomeMy WebLinkAbout3643 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I.. N.Y. 11c~71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3643 Application Dated June 24, ]987 TO: Mr. and Mrs. Eugene Perino 132 Bayview Avenue East Is]ip, NY ]1730 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on September ]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 XI , Section ]00-]]9.2 [ ] Request for Application of EUGENE PERINO for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate proposed dwelling with or without deck addition within 75 feet of nearest wetlands along the shoreline of Marion Lake. Location of Property: West Side of private right-of-way known as "Truman's Path," East Marion, NY, County Tax Map Parcel No. 1000-31-12-16. WHEREAS, a public hearing was held and concluded on August 20, 1987 in the Matter of the Application of MR. AND NRS. EUGENE PERINO under Appl. No. 3643; 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: l. The premises in question is a described parcel of land containing a total lot area of approximately 20,300 sq. ft., frontage (lot width) of 75.36 feet, and is presently vacant. 2. The subject premises has a frontage along Marion Lake of 75.36 feet, the shoreline of which is set back at varied distances of 23 feet on the southwesterly corner and up to 43 feet on the southeasterly corner. 3. B9 this application, appellants request permission to locate a proposed new dwelling with a setback of 63'10" from the nearest wetland grass and with the proposed deck addition to dwelling a setback of not less than 55 feet from the nearest wetland grass, as shown by the sketch submitted under this application. (CONTINUED ON PAGE TWO) DATED: September 10, Form ZB4 (rev. 12/81) 1987. CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Pa~e 2 - Appl. No. 3643 Matter of MR. AND MRS. EUGENE PERINO Decision Rendered September 10, 1987 4. Article XI, Section 100-119.2, requires all buildings and structures to be set back not less than seventy-five (75) feet from a tidal water body, tidal wetland edge, or freshwater wetland. 5. The Courts have held that the area setback variances must meet the "practical difficulties" standard, considering at least the following: (a) that the relief requested is not substantial in relation to the requirement; (b) that the project as proposed is not out of character with the neigh- borhood; (c) the circumstances of the property are unique and are not personal in nature; (d) that the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (e) that the variance requested is the minimal necessary; (f) that there is no other method feasible for appellants to pursue other than a variance. 6. It is the position of this Board as follows: (a) that the relief requested is not substantial in relation to the requirements, being a variance of approximately 26% of the reuqired 75-ft. setback requirement; (b) the project as proposed is not out of the character of the neighborhood since the improvements on parcels in the immediate area similarly exist; (c) the circumstances of the property are unique, due to the nonconforming size, width, and general nature of the site; (d) the relief if granted will not in adverse to the safety, health, welfare, comfort, or order of the town; turn be convenience (e) the relief requested is not the minimal necessary since there is ample land available to meet yard setback requirements; all (f) there is another method feasible for appellant to pursue [without a variance]; (g) the relief requested is not unreasonable. 7. It is noted for the record that Building Permit #16131Z was issued June 24, 1987 for the placement of a new dwelling at or more than 75 feet from the nearest wetlands; however, to date, no construction has taken place. 8. It should be understood that applicants are aware of the restrictions of this variance as conditioned below and agrees by acceptance of this conditional variance to no further reductions to less than the requested 55 feet from nearest wetland grasses.in the future. 9. It is further noted for the record that (a) a Wetlands Permit is pending at this time before the Southold Town Trustees in accordance with the requirements of Chapter 97 of the Town Code, and (b) Permit No. 10-87-0054 was issued May 7, 1987 by the N.Y.S. Department of Environmental Conservation, with conditions, as noted therein. Page 3 - Appl. No. 3643 Matter of MR. AND MRS. EUGENE PERINO Decision Rendered September 10, 198/ Accordingly, on motion by Mr. Douglass, seconded by Mr. Doyen, it was RESOLVED, to GRANT relief under the Provisions of Article XI, Sectio~ 100-119.2 in the Matter of the Applica- tion of MR. AND MRS. EUGENE PERINO under Appl. No. 3643 for permission to locate new dwelling with deck addition at a setback of not less than 55 feet from nearest wetland grass (or shoreline, whichever is closer), AS APPLIED AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be no disturbance of land within 50 feet of the lake's shoreline; 2. There be no further setback reductions for structures to less than 55 feet from nearest wetland grasses, or lake's shoreline, whichever is closer; 3. The proposed deck addition remain open, unroofed and never be enclosed; 4. The deck addition be placed not closer than 55 feet to the nearest wetland grasses, or lake shoreline, whichever is closer, with the exception of entrance/exit steps. 5. The foundation of the proposed dwelling and dwelling structure be located not closer than 64 feet from the nearest wetland grass, or lake's shoreline, whichever is closer; 6. Executed covenants and restrictions as to Conditions No. 1 and No. 2, supra, shall be filed with the Suffolk County Clerk's Office, copies of which shall be furnished to the Southold Town Board of Appeals for permanent recordkeeping. Vote of the Board: Ayes: Douglass and Sawicki. (Member resolution was duly adopted. Messrs. Goehringer, Doyen, Grigonis was absent.) This lk G~ERA~D-~T~'~OE-'~NGER, C~IRMAN NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Sectio~ 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOU~.HOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Halls Main Road, Southold, New .York, on TH.URS~DAY,'A:~GUST 20, 1987 at the following times: 7:35 p.m. Appl. No. 3602 - MARGARET McNAMARA. Variance to the Zoning Ordinance, Article X~, ~ection lO0~l19.2(B) for permission to construct wooden deck attached to exdsting dwelling with an insufficient setback from existing timber bulkhead and Peconic .Bay. Locatio~ of Property: 640 Takaposha Road (Private Road #15), Southold~ NY~ County~ Tax Map Parcel No. 1000-87-06-10. 7:40 p.m. Appl. No. 3646 - ROBERT AND NANCY MUIR. Variances to the ~o~.~ng Ordinance, Article III, Section 100-31, Bulk Schedule~ for permission to construct additions to dwelling wi~h an insufficient rearyard setback and insuffi- cient frontyard setbac.k. Location of Property: Corner-of Gillette Drive and Cleaves-Point ~Road, East Marion, NY~ County -~ax Map Parcel No. 1000-38~-29. /~ 7:45 p.m. Appl. No. 3643 - EUGENE PERINO. Variance ~o the Zoning Ordinance, Article XI., Section 100-119.2 for permission to loca~e proposed dwe1]ing with o.r .without deck addition within 75 feet ~of nearest wetlands along the shore- line of Mariom_Lake-~ Location of Property: West Side of private right-of-way known as "Truman's Path, East Marion~ NY; County Tax Map-Parcel No. 1000-31-12-16. 7:50 p.m. Appl. No~ 3644 JOSEPH REINHART, FRED WIGHTMAN, ~nd DAVID FREY. Recessed hearing from.July 16, 1987 to be reconvened. 8:00 p.m. Appl. No. 3647 JOHN AND JOAN WETZEL. Variance to the Zoning Ordinance, Article }II: Section lO0-31 and Article XI, Section 1.00-119.2, ~o construct additions ~o dwelling with reduc- tions in the sideyaPd,---and to construct addition landward of existing dwelling structure 70± feet from the nearest wetland edge or highwater mark along Eugene Creek. Location of Property: 4635 Pequash Avenue (Fleetwood Road), Cutchogue, NY; Fleetwood Cove Lot No. 12; County Tax Map Parcel No. 1000-137-04-006. Pa~e 2 Notice of Hearings Regular Meeting - August 20, 1987 Southold Town Board of Appeals 8:05 p.m. Appl. No. 3648 - FERUCIO FRANKOLA. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct swimmingpool, deck and fence enclosure within 75 feet of wetland area along West Creek. Location of Property: 1900 Glenn Road, Southold, NY; West Creek Estates Lot No- 19; County Tax Map Parcel---No. 1000~78~02-36. 8:10 p~m. Appl. No. 3655 - ELLEN HOPE DeMARIA. Variance from Condition No. 1 rendered July-8~ 1-965 under Appeal No. 785, and Article III, Section 100-32~-~or. a~pproval of the const.ruc- tion of accessory storage shed in fro~t-yard~area as shown on survey prepared by Roderick VanTuyl, P.C. April 9, 1984. Location of Property: West Side of Private Road (We§% View Drive)~ Orient~ NY; County Tax Map Parcel No~ 1000-13-3-3. 8:15 p~m. Appl. No. 3656 N~CHOLAS ~PPOLITO. Variances to the Zoni-ng Ordinance, Article III~ Section'lO0~3t, and Article XI, Section 100-119.2, for permis.sion to construct garage addition to dwell-lng with an in.sufficient southerly sideyard setback, insufficient total sideyards, insufficient setback from bul-khead ~long Arshamomaque Pond~ and e×cesslve lot coverage. ~Eocation of Proper~y: 230 Carole Road, Southold, NY; County Tax Map Parcel No. 1000-052~02-00~. 8:30 p.m. Appl. No. 3653 - NORTH ROAD ASSOCIATES. Variance pursuant t-o-New York Town Law, Secti-on .280-a, for approval of access over p~ivate right-of-way extending 170 feet from the north side~ of Main Road', Orient, NY; County Tax Map Parcels No. 1000-18-4-1.3 and 2. 8:40 p.m. Appl. No. 3592 BENTE SNELLENBURG. Hearing recessed from July q6, 1987. 8:50 p.m. Appl. No. 3654 - WILLIAM MOORE, ESQ. and BENJAMIN HERZWEIG,.'ESQ. -Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to establish "building envelope" wit5 setbacks of not less than 38 feet from nearest wetqand along existing no~ less than 30 feet from the front property approved under Appl. No. 3412 June 30, 1987). of Proper~y: 675 Meadow Lane, Mattituck, NY; Estates Lot No. 42; County Tax Map Parcel No. two-foot contour and line (as location Mattituck 1000~115-5-7. 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 Page 3 Notice of Hearings Regular Meeting - August 20, 1987 Southotd Town ~oard of A~peals the time allotted. Written comments may to the conclusion of the subject hearing. please call 765-1809. be submitted prior For more information, Dated: July 27, 1987. BY ORDER OF THE SOUTHOLD TOWN B~ARD OF APPEALS GERARD P. G~EHRINGER, CHAIRMAN Linda Kowa!ski, Board Secretary Notice to Newspapers:- Please publish once, to wit: and forward two.affida~.~s of ~ublication to: Board. of Appeals~.~ain Ro. ad, Southold, NY 1197t. August 6th FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ ./.D.a..7~e~. ~...t~.~ ........ ~. ~., ~. ~,..~.~. PLEASE TAKE NOTICE that your application dated .... ~~. ~ .......... 1~ .~. ~ Location of Property .. ~*. ~,.. ~~~..~...~,..~~ . . . House Ho, Street Homier County Tax Map No. [000 Section . .'. ~.~. I ..... Block .... [.~ ...... Lot . .~ ~ ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned liercwith and disapproved ell tile following grounds. ~ ~-..~---...~,a, c,,,~..e.TZ'-c~ ./..d~. 7//~' ~ . Building Inspector BLD(:, L¥!~' f. _ TO\~'~:;_ ..-..c': ,'~-:C*i 0 SOUl'HOLD, N.Y. 11971 , - ....... TEL.: 765-180~ Examined. ~. ~:~.., 19~2 ...... (Building Inspector) 'FORM NO. 1 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN HALL APPLICAT)ON FOR BUILDING PER~IT iNSTRUCTiONS BO~'~D OF HEALTH 3 ~ZTS OFv/iSLANS SURVEY .......... NOTIFY ~ · Date .... a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 bets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Pexxnit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shail liave been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Penn~t pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordhimaces or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary~s. (Signature of applicant, or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ............................ O.~ toe2P,. Name of owner of premmes ...~..~.~Y~...g?..~.... t~.~O....J~.... ~.~...~.Sd~r~. j~. ..... ¢?..~..t .g.3..~. ............... '.. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. .......... ................................ (Name and title of corporate officer) ALL CONTRACTOR'S I~UST BE SUFFOLK COUNTY LICENSED Builder's License No ......................... Plumber's License No ......................... To D 6 'VS,*6q ~ t,.) £D Electrician's License No ....................... Other Trade's License No ...................... 1. Location of land on which proposed work will be done..../g4~.~...,n~.....~../..D.F_~....~..~.. ~.~.;,.qJ~MiS..'.~.~??/.. .(f~ee~T.~q~...~M!p.,V./-:..~!<¢')....E.,4:..s.'c.../.w. 4r.<! .o.%... ~.y. ..... t. ~.~,~..:~ :*. ~ ............ House Number Street Hamlet County Tax Map No. 1000 Section ·., .~. ~ ........... Block ....... /. ~ ........ Lot .... /.~ ............ Subdivision ..... ~ [.t.~ ........................... Filed Map No ............... Lot ............... (Namet State existing use and occupancy of premises and intended nsc and occupancy of proposed construction: a. Exlstiug use and occupancy . .~..~.P.T.¥ ..... L..O.~7 ................................................... b. Intended use ~na occupar~y 3. Nathre of work (check which applicable): New Building .......... Additi'~_/ .... Alteration .......... R, epair ~ ..................... Removal ...... Demolition .............. Other Work ..... , ..... '~' ,~Oo, ooo _.~ ' TM i,j ~ r~P/~ (Description) 4. Estimated Cost: .TO...~,~. ,, .~. ~..2~t~t!~.~..~, ......... Fee . ,'7.. ~%.,.~.-~. ........................... ' (to be paid on filing this application) 5. If dwelling, number of dwelling units ... ] Number of dwelling units on each floor . .Ad./<~'~... If garage, number of cars ........... ]. ........................................... i ................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use . ./ldf,~ .............. [7,~ Dimensions of existing structures, if any: Front .... ~ ....... Rear .............. Depth ............... Jl~/g[ Height ............... Number of Stories ........................................................ Dimensions 'of same structure with alterations or additions' Front ............. Rear ................. Depth ...................... Height ...................... Number of Stories ......... ,.~..~', .~ .... ,... 8. Dimensions ot[ entire new construction: Front .... ~t~.t... ..... Rear ..... ,~Z~ .~ ...... Depth~. [.47 ~c~.../4>,' Height . ~..~ ........ ; Number of Stories...,~-~. .... ~ ........ ~'.~'~.../~.~.' .~'./~] ..... ................... 9. Size of lot: Front ..."~. ................ Rear .... 7o~. .......... ..... Depth ..................... 10. Date of Purchase ~'~.I~T.E. b41~.~/7,....l~ .~..~, ........ Name of Former Owner ,J0PfA]. ~ ./~O~;...,P(../.~Al.2.2.. O.. 11. Zone or use district in which premises are situated.. ~ ................................................. 12. Does proposed construction violate any zoning law, ordinance or regulation: . .A].O ............................ 13. Will lot be regradedH4/4~'0, ./1~.. ~)o~../~?.o,S~... Will excess fill be removed from premises: ~ Yes No Address ,-~.~. t4. Name of Owner of premises~..//~'~..AJ.~. ~..Et~lJ~.12.. ! Name of ArchitectL,ttt/U~..TU.'F~[ .~.~. ....... ^ a' ~,,,,..cos .t~'~J~,~/~R .T-.... Phouc No ................ Name of Contractor'S. ~ ..IP~J~5~,iiiPH~.F~. ..... Address ................... Phone No ................ Is this property located within 300 feet of a.-C-4-ga4, wetland? *Yes ~.. No ..... i5. *If yes, Southold Town Trustees Permit maybe required. PLOW DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from vroperty lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. TATE OF NEW YORK, S.S ?OUNTY OF ................. ................................................ being duly sworn, deposes and says that he is the applicant (Name of individual s~gmng contract) bore named. le is the ........................................................................................ (Contractor, agent, corporate officer, etc.) f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this pplication; that all statements contained in this application are true to the best of his knowledge and belief; and that the ;ork will be performed in the manner set forth in the application filed therewith. worn to before me this .............. ,ff.. . dayof ...... ~ ....... , 19 .~./ ~otary Public ...... ~ ' '~'-' ' '~'~' ' '4Y~' ' ' ' i ' C°unt'~ '~'~- ~;r'v'A~' · "<-ust.m g. ~[ w~ . -~ ...................... ~O,T~ PIJ~[!C. StYe? ~ ¥~'~ (Signature of applicant) TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appeflc~nt Street and Number .............................. ...... .......... i. ERE.Y APPEAL TO Municipality - , · : State '~ ' THE ZONING BOARD OF .,~PPEALS FROM THE DECISION OF~ THE BUtLDING IKJSPECTOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO of Street and Number ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Name of Applicant for permit Municipoli~ State 1. LOCATION OF THE PROPERTY ..~...~...O.......~,..l~.,,b'../~.~/h~.~ .......e.~IT.lzI. ............ Ej~.~?....,.~...~/../~..!.~..A,) Street /Hamlet / Use D~strict on Zoning Mop Distr~ct lO00 Section~)%l Blockl~.Lot)(~ ~ - .................................. ; ............................. . ......... uurren~ Owner ~'6~A~~' ~I~A PF_J~MO Mop No. Lot No. Prior Owner.-,~'D~.M ~ ~OSE, I~tlCA~.._z,O 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 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (~,J: A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons~ Laws Art. 16 Sec. 280A Subsection 3 () 4, PREVIOUS APPEAL A previous appeal (l~J~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property,: Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... RE~SON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2 The hardship created is UNIQUE and .is not shared by all .properties .alike in the immediate vicinit~ of thi's property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because COUNTY OF ) Signature Sworn to this ..................... ~ .................... day of ........ ............................ 19 ~'? Notary Public Ita ~.~folk C~unW~9~c/~ / OWNER FORMER OWNER' STREET VL. VILLAGE SUB. LOT ITyACR. I PE OF BUILDING CO/'~ CB, MICS. Mkt, Value . FRONTAGE ON WATER ( <: ___" : ~ u Woodland FRONTAGE ON ROAD MeQdo~l~d DEPTH House Plot BULKHEAD Total P;A F) ? A r') A MCCOI~LOGUE ' '. ' OF Pi~OPE~TY _2 . ELEV,,\T!Ob45 12EF:E'~ 't'O 16,8 TO 'v'v'ATT. Zf2 IN TEST FIOL£, :). HEALTH DEPT. APPROVAL H.S. NO. STATEMENT OF INTENT E WATER SUPPLY AND SEWAGE DISPOSAL STEMS FOR THIS RESIDENCE WILL INFORM TO THE STANDARDS OF THE IFFOLK COl DEPT. _OF HEALTH SERVICES. IFFOLK COUNTY DEPT. OF HEALTH RVlCeES -- FOR APPROVAL OF .4<_;ATLiNE[ ) 1 ROD£RICK VAN TUYL, P.C. LICENSED LAND SURVEYORS GREENPORT NEW YORK SUFFOLK CO: TAX MAP DESIGNATION: DIST'. ~CT. ' BLOCK ". PCL. fNERS ADDRE~: DEED: ~0~ ..... TEST HOLE STAMP l.-OAf'd. GA~,.-A',/E L SEAL V/ATEP_.- IN C.,OA~,~ i :DX,kID APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 March 25, 1991 Mr. and Mrs. Eugene Perino 132 Bayview Avenue East Islip, NY 11730 Re: Proposed Stairway, Ramp & Landing along Marion Lake Shore Request for Clarification of Appeal No. 3643 dated 9/10/87 Dear Mr. and Mrs. Perino: This letter will confirm that at our Regular Meeting held March 22, 1991, the Board of Appeals after inspection and discussion, considered your written request of February 21, 1991, as to whether or not a formal application is needed concerning your proposed stairway construction as shown on Plan No. 1284F dated March 16, 1990, and as approved by the Southold Town Trustees under Permit No. 3864 dated September 28, 1990. After consideration and discussion, the following action was taken: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the proposed construction (stairway. with ramp and landing) as shown on Plan No. 1284F dated March 16, 1990, and as approved by the Southold Town Trustees under Permit No. 3864 dated September 28, 1990, is clarified under Conditions No. 1 and No. 2 under ZBA decision No. 3643 dated September 10, 1987 as not requiring an additional variance application, provided that the stairway be of common 4 x 4 post construction, as applied, and subject to the compliance with the conditions and requirements of the Town Trustees permit(s). A copy of this letter is being furnished to the Building Inspector's Office for his files and recordkeeping. Very truly yours, cc: Building Inspector Linda Kowalski Town Trustee February 21, 1991 h-L 2 I 1991 Southold Town Zoning Board of Appeals Southold, NY 11971 Attention: Chairperson My wife and I own a home at 820 Truman's Path, East Marion. We recently applied for a permit to build a stairway on our property. The stairway will provide a safe method to descend the steep slope to Lake Marion and will permit the use of our rowboat. The Building Department suggested that we first apply to the Board of Trustees. We have done that and received a permit from the Trustees. We have now formally applied to the Building Department for a building permit. Upon reviewing our application, that department denied the permit based upon Conditions 1 and 2 (Page 3) of the determination reached by your office on September 10, 1987. Mr. Fisher has suggested that the Building Department would process the application for the permit if the ZBA issues a waiver to any variance requirement. I think you will agree that Conditions 1 and 2 refer to con- struction at the time of the initial building permit in 1987. There was discussion of Condition 2 at the time of issuance. I understood at that time that the reference was to any ad- dition to the dwelling or major structure (swimming pool was the example given). As you will see from the plan (attached), the stairway, al- though necessary to the preservation of the slope, is not a major structure. Actually, it is of very simple design with postholes (hand dug) the only excavation required. The walk- way to the lake is sufficiently high to permit vegetation to grow beneath it. We ask for a timely consideration of this request to waive a building zone requirement. Sincerely, Perino TRUSTEES John M. Bredemeyer, IlL President Henry P. Smilh, Vice President Albert J. Kmpski, Jr. John L. Bednoski, Jr. John B. Tulhill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 1991 SCOT'F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 September 28, 1990 Eugene Perino 132 Bayview Avenue East Islip, nY 11730 Re: Eugene Perino, SCTM 91000-31-12-16, Trumans Path, East Marion Dear Mr. Perino: The following action was taken by the Board of Town Trustees during its regular meeting held on September 27, 1990 regarding the above matter: WHEREAS, EUGENE PERINO applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated August 6, 1990 and, WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a public hearing was held by the Town Trustees with respect to said application on September 27, 1990 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE BE IT RESOLVED THAT EUGENE PERINO BE AND HERRRy IS GRANTED PERMISSION UNDER THE WETLAND ORDINANCE TO: Construct steps 17'+/- X 3' with top & bottom landings to provide access to bottom of bank; a 38'+ X 3' ramp to provide access to lake. The last section of elevated dock must be 3' above the pond surface and may not extend more than 10' from slope into the pond. This permit will expire two years from the date it is signed if work has not commenced by said date. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. Please return to the Building Department for a determination on the need for any other permits which may be required for this project. Permit will be issued upon payment of the following fees for work to be done on Town owned underwater land: 10' X 3' X $2 per sq.ft. = $60.00 Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB:jt cc: Bldg. Dept. Conservation Advisory Council file Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO.... 38.6~ .......... DATE: .Septemb~...~.8,19~ ISSUED TO ........... Euge~e...Pe=i~o ...................... i .................................. ..................... Au horizatto Pursuant to the provisions of Chapter 615 Of the Laws of the State of New York, 1893; and Chapter 404 of the L.~ws of the State of New York 1952; and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted et a meeting held on ..$ept....Z? .... 19...90....., and in consideration of the sum0f $..6.0..0.0 .......... paid by Eugene Perino of ..E:~t...Marion ............................. N. Y. end subject to the Terms and Conditions listed on the reverse gde hereof, of Southold Town Trustees authorizes and permits the following: To construct steps 17~ X 3' with top & Bottom landiqg~ to provide access to bottom of bank~ a 38* X 3* ramp to provide access to lake. The last section of elevated dock ~hUe~ ~ ~;o~bo~e the Vozld surface & ama¥ not extend Op ri, 0 ,~ne n ,. ~Z~ne $1~ordance w,~ ~e ~e~ai[~d spec~C~ions as presented ,n the originating application. "' IN WITNESS WHEREOF, The said Board of Trustees here- by causes ifs Corporal· Seal to be, affixed, and these presents to · be subscribed by a majority of .i~ Board es of this date. SHLIMBAUi~I AND SHLIbiBAUM ATTORNEYS AND COUNSELLORS AT LAW October 22, 1987 Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Att: Linda Kowalski Re: Perino with Zoning Board of Appeals Dear Ms. Kowalski: Pursuant to our telephone conversation of October 20, 1987, enclosed is a copy of the revised Declaration of Covenants and Restrictions. As you will see, the top of page three now contains a reference to the fact that the covenants run with the land. The venues have also been added on page three. Please give me a call to advise whether the Declaration now meets with the approval of the Zoning Board of Appeals. I will then have it recorded and send you a copy of the recorded document. Thanking you for your assistance, I remain, V~truly yours, ~LIM~AUM and SHL~B~UM~-~ ~JncS~ol~res Lark J. S~~h~ cc: Eugene and Barbara Perino DECLARATION OF COVENANTS AND RESTRICTIONS DISTRICT: 1000 SECTION: 031.00 BLOCK: ]_2.00 LOT: 016.000 SHLIMBAUM SHLIMBAUM The Declarants are the owner in fee simple absolute of all that certain plot, piece or parcel of land, with buildings and improvements thereon erected, situate, lying and being in the Hamlet of East Marion, Tow~n of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at an iron pipe set on the westerly line of a strip of land (right of way) 25 feet or more in width along the easterly line of land of Albert D. Vogt, said pipe being south 31 degrees, 32 minutes, 20 seconds east 292.88 feet along said westerly line from its intersection with the boundary line between land of William H. Everts and land now or formerly of Henry C. Tuthill Estate from said point of beginning. RUNNING THENCE along said westerly line of said 25 foot strip of land, south 31 degrees, 32 minutes, 20 seconds east 75.36 feet to land now or formerly of McConlogue (formerly Vogt); THENCE along said last mentioned land south 64 degrees, 05 minutes, 40 seconds west 265.0 feet to Marion Lake; THENCE along the shore line of Marion Lane north 31 degrees, 32 minutes, 20 seconds west 75.36 feet to land now or formerly of Schillig (formerly Broderick); CHLiMBAUM ~HLIMBAUIw 'RUNNING THENCE along said last mentioned land north 64 degrees, 05 minutes, 40 seconds east 265.0 to the westerly side of the right of way first above mentioned. TOGETHER with a right of way over said strip of feet or more in width along the easterly line of land 25 premises extending southerly about 650 feet beyond the southeasterly corner of the premises, and THENCE southwesterly about 335 feet to Marion Lane and extending northerly from the northeasterly corner of the premises through land now or formerly of Everts about 290 feet to land now or formerly of Tuthill, and continuing northlery 16 feet in width over said land now or formerly of Griffing to the main land, along land now or formerly of Welch , and also with a right of way, and In consideration of the granting of an application for permission to locate a new dwelling with a deck addition at a setback of not less than 55 feet from the nearest wetland grass (or shoreline, whichever is closer) by the Southoid Town Board of Appeals¢ We do hereby covenant and restrict the use of the land as follows: 1. There shall be no disturbance of land within 50 feet of the shoreline of Marion Lake; 2. There shall be no further setback reductions for structures to less than 55 feet from the nearest wetland grasses or the shoreline of Marion Lake, whichever is closer. 2 The foregoing covenants shall run with the land and be binding upon the declarants, their successors and assigns and all future owners of the subject property. In witness whereof, we have hereunto set our hands and seals this ~- day of October, 1987. BARBARA PERINO STATE OF NEW YORK, COUNTY OF SUFFOLK, S.S.: On the ~]f 'day of October, 1987, before me personally came EUGENE PERINO to me knownn to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. ~.~14 ~g~, Notary Public' ~rm~iresJsn~Je~20, -- STATE OF NEW YORK, COUNTY OF SUFFOLK, S.S.: On the ~-~ay of October, 1987, before me personally came BARB~_RA PERINO to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. N0thry 'Public Record and Return to: Shlimbaum and Shlimbaum 265 Main Street P. O. Box 8 Islip, New York 11751 SHLIMBAi/A~ SHLIMB. ,U~.! 3 )1 DISTRICT: 1000 SECTION: 031.00 BLOCK: 12.00 LOT: 016.000 SHLIMBAUM SHLilvlBAUM DECLARATION OF COVENANTS AND RESTRICTIONS The Declarants are the owner in fee simple absolute of all that certain plot, piece or parcel of land, with buildings and improvements thereon erected, situate, lying and being in the Hamlet of East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at an iron pipe set on the westerly line of a strip of land (right of way) 25 feet or more in width along the easterly line of land of Albert D. being south 31 degrees, 32 minutes, 20 feet along said wes~eriy line frcia its Vogt, said pipe seconds east 292.88 and said the boundary line between land of William H. Everts land now or formerly of Henry C. Tuthill Estate from point of beginning. RUNNING THENCE along said westerly line of said 25 foot THENCE along said last mentioned land south 64 degrees, 05 minutes, 40 seconds west 265.0 feet to Marion Lake; THENCE along the shore line of Marion Lane north 3]_ degrees, 32 minutes, 20 seconds west 75.36 feet to land now or formerly of Schillig (formerly Broderick); strip of land, south 31 degrees, 32 minutes, 20 seconds east 75.36 feet to land now or formerly of McConlogue (formerly Vogt)7 RUNNING THENCE along said last mentioned land north 64 degrees~ 05 minutes, 40 seconds east 265.0 to the westerly side of the right of way first above mentioned. TOGETHER with a right of way over said strip of land 25 feet or more in width along the easterly line of premises extending southerly about 650 feet beyond the southeasterly corner of the premises, and THENCE southwesterly about 335 feet to Marion Lane and extending northerly from the northeasterly corner of the premises through land now or formerly of Everts about 290 feet to land now or formerly of Tuthill, and continuing northlery 16 feet in width over said land now or formerly of Griffing to the main ]_and, along land now or formerly of Welch ~ and also with a right of way, and In consideration of the granting of an application for permission to locate a new dwelling with a deck addition at a setback of not less than 55 feet from the nearest wetland grass (or shoreline, whichever is closer) by the Southold Town Board of Appeals, We do hereby covenant and restrict the use of the land as follows: 1. There shall be no disturbance of land within 50 feet of ~he shoreline of Marion Lake; 2. There shall be no further setback reductions for structures 'L~ less than 55 feet from the nearest wetland grass~s oz ~zhe shoreline of Marion Lake, whichever is closer. In witness hands and seals this whereof, we have hereunto set ~- day of October, 1987. our EUGENE PERINO BARBARA PERINO On the df 'day of October, 1987, before me personally came EUGENE PERINO to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. N~, 4883814 Term Ex~ire~ Jenuar~ On the ~-''day of October, 1987, before me personally came BARBARA PERINO to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. N0t~ry ' Pub~l ic Record and Return to: Sh]imbaum and Shlimbaum 265 Main Street P. O. Box 8 Islip, New York 11751 3 HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 September 25, 1987 Mr. & Mrs. Eugene Perino 132 Bayview Avenue East Islip, New York 11730 Re: Wetland Application No. 564 - 820 Truman's Path, East Marion Dear Mr. & Mrs. Perino: The following action was taken by the Board of Town Trustees during their regular meeting held on September 24, 1987 regarding the above matter. WHEREAS, Barbara & Eugene Perino applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated June 24, 1987, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on September 24, 1987 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that Barbara & Eugene Perino BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Construct a house and a deck and to grade around the deck and to do minimal landscaping along the top of the bank to stabilize the property located at 820 Truman's Path, East Marion. This permit is issued with the provision that dry wells are to be installed to contain roof run off on the property. Board of Trustees - Page 2. Barbara & Eugene Perino This permit will expire on September 24, 1989 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. 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. PLEASE RETURN TO THE BUILDING DEPT. FOR A DETERMINATION ON THE NEED OF ANY OTHER TOWN PERMITS THAT MAY BE REQUIRED FOR THIS PROJECT. Please be advised that there is a $10.00 Wetland Inspection fee due at this time. HP S: ip CC: Very truly yours, Board of Town Trustees Commissioner Thomas C. Jorling, D.E.C., Albany Robert A. Greene, D.E.C., Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management John Holzapfel, Chairman, Southold Town C.A.C. Victor Lessard, Admin., Building Dept. Planning Board Board of Appeals file Southold Town Board o£ Appeals IvlAIN RmAD- $TATE RnAD 25 ~EJUTHE]LD, L.I., N.Y. 11cj71 TELEPHONE {516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT ~ DOUGLASS JOSEPH H. SAWICKI September 18, 1987 Mr. and Mrs. Eugene Perino 132 Bayview Avenue East Islip, NY 11730 Re: Appl. No. 3643 - Variance Dear Mr. and Mrs. Perino: 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 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. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Department Board of Trustees Office *and Southold Town Board of Trustees Office TOWN OF SOUTIIOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 June 26, 1987 TEL. 765-1802 Mr. Gerard P. Geohringer Chairman, Zoning Board of Appeals Town Hall Southold, NY 1197l Re: Building Permit #16131Z issued 6/24/87. Mr. & Hrs. Perino: Although survey does not indicate the distance to Marion Lake, the applicant has been fully instructed on section 100- 119.2 about distances not only from the edge of the lake, but also about the compul.sory distance from the edge of wetland. This was all agreed to before a permit to construct was issued. Once the foundation is constructed, the job will be stopped until all figures are varified by a 2nd foundation, as per law. I trust this clarifies this application. Very truly yours, Victor Lessard Executive Administrator VL/lmr HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN TELEPHON~ (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: August 27, 1987 APPLICATION NO.: 564 NAME: EUGENE PERINO This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees~ as lead agency for the action described below has determined that the project will not have a signi.ficant effect on the environment. 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: Unlisted DESCRIPTION OF ACTION: To construct a house and a deck and to grade with minimal landscaping along the top of bank to stabilize. LOCATION: 820 Truman's Path, East Marion. REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. Board of Trustees Page 2. For further information regarding this application please contact: Henry P. Smith, President Board of Town Trustees Southold Town Hall Main Road, Southold, New York 11971 Call: (516) 765-1892 cc: Robert A. Greene, D.E.C., Stony Brook Commissioner Henry G. Williams, D.E.C., Albany Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management Conservation AdviSory Council Bldg. Dept. Board of Appeals Town Clerk's Bulletin Board File Eugene & Barbara Perino ~ Planning Board Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. llCJ?l TELEPHONE (516) 765-1809 APPEALS BOARD August 20, 1987 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN S · E. Q. R. n. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPHH. SAWICKI Notice of Determination ofNon-Slqnlflcance' '.r '-' APPEAL NO.: 3643 PROJECT NA~: EUGENEPERINO 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 signifJ.- 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: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION:PermissiOn to locate Droposed dwelling with or without deck addition within 75 feet of neares~ wetlands along shoreline of Marion Lake LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: West side of private right-of-way known as "Truman's Path", East Marion, NY 1000-31-12-16 REASON(S) SUPPORTING THIS DETEIhMINATION: (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) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA. FOR FURTHER INFOR~LATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 51.6- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. (3) Information has been submitted by applicant or his agent indi- cating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands. mc TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, AUGUST 20, 1987 Appl. N0. 3643 Applicant(s):EUGENE PERINO Location of Pr0perty:w/s Pgivate ROW County Tax_Map ID No.lO00-~ Board Members present were: Chairman Members: Douglass, Doyen and Sawicki. (Truman Path) E. Marion Goehringer P. Goehringer, Absent was: (None). Also present were: Victor Lessard (Building Dept.), Linda Kowalski, Z.B.A. Secretary, and approximately 25 persons in the audience. The Chairman opened the hearing at 7:50 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a sketch of a survey indi-' cating a proposed house and garage attached to be constructed with- in 55 feet of the shoreline of Marion Lake. And I have a copy of the Suffolk County Tax Map and surrounding properties in the area. For the record, that house is approximately 30 feet wide without the garage and 54 feet 5 inches long or deep. Is there anybody who would like to speak on behalf of the Perinos? MR. PERINO: The only concern that apparently there is with the village is the distance to the wetland grasses. All the frontyards and side- yards are within the limits of the building code. I just want to add that about 25 or 30 feet from where the proposed deck is going to be, there is a pretty steep bank going down. Se there's really no danger to any wetland grasses. You can't get to them if you wanted to and we certainly want to preserve the area as much as anyone else. CHAIRMAN GOEHRINGER: Mr. Perino, do you~.fown the house to the south? MR. PERINO: No. We don't own any of the land in between. CHAIRMAN GOEHRINGER: Because there was a sign that said Perino when I had gone down there. ~ MR. PERINO: That's the land that we own. CHAIRMAN GOEHRINGER: So you put the sign up on that. I thought maybe you were renting a house next door or something. MR. PERINO: No. # ~age 2 - August 20~1987 ~ublic Hearing - ~ene Perino Southold Town Board of Appeals CHAIRMAN GOEHRINGER: Is that deck on that octagonal house almost in line with what you're proposing? MR. PERINO: It is in line. In fact, it's probably two or three feet closer to the wetland grasses than we would be. CHAIRMAN GOEHRINGER: Are you anticipating any disruption of those grasses by either a dock or any other...? MR. PERINO: No. Not at all. CHAIRMAN GOEHRINGER: Alright. I thank you. Let's see what else de- velops throughout the hearing. MR. PERINO: Thank you very much. CHAIRMAN GOEHRINGER: Is there anybody who would like to speak in favor of this application? Anybody like to speak against the appli- cation? Questions from Board members? I guess we're home free. Hear- ing no further questions, I'll make a motion closing the hearing and reserving decision until later. And we thank you for coming in. Ail in favor - AYE. HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 July 28, 1987 TELEPHONE (516) 765-1892 MR. & Mrs. Eugene Perino 132 Bayview Avenue East Islip, New York 11730 Re: Wetland Application No. 564 - 820 Truman's Path, East Marion Dear Mr. & Mrs. Perino: The following actions were taken by the Board of Town Trustees during their regular meeting held on July 27, 1987 regarding the above referenced application. RESOLVED that the Southold Town Trustees DENY the request made by Eugene & Barbara Perino for a Waiver of the Wetland Ordinance to construct a house and deck and to grade with minimal landscaping on property located at 820 Truman~s Path, East Marion, New York. AND BE IT FURTHER RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Eugene & Barbara Perino for a Wetland Permit on certain property located at 820 Truman's Path, East Marion, New York. Please remit the required $150.00 fee for this application at this time. Should you have any questions or concerns, please do not hesitate to contact this office at the telephone number listed above. Very truly yours, Henry P. Smith, President Board of Town Trustees cHcP:S:~t~obert A. Greene, D.E.C., Stony Brook Commissioner Henry G. Williams, D.E.C., Albany Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management Conservation Advisory Council . Board of Town Trustees Eugene & Barbara Perino - Page Bldg. Dept. Board of Appeals~/ File I I I I I1' L t I J D;,,,w~ e¥ ..J.'¢., i RLR VAil 0I'4 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. · ROBERT J, DOUGLASS JOSEPH H. SAWlCKI June 26, 1987 Mr. Victor Lessard Building-Department Town Hall Southold, NY l1971 Administrator Re: Building Permit #16131Z Issued 6/24/87 Appeal No. 3643 Filed 6/24/87 Matter of Eugene and Barbara Perino Dear Vic: In reviewing the files in the above matter, it has been noted that the dwelling proposed to be constructed under the above Building Permit is located along the shore of Marion Lake. Inasmuch as the survey does not delineate the freshwater wetland grasses above the shoreline, please confirm whether or not a determination has been made by your office or the Bay Constable as to freshwater wetland grasses above the shore line, which would reduce the setback of the new dwelling to less than 75 feet (per lO0-11g.2C). The application pending before this Department is for a proposed deck for attachment to a dwelling not in existence. Please respond as soon as possible and in no event later than Tuesday, June 30th. Thank you for your assistance. lk Enclosures /r~v e ry GERARD P. GOEHRINGER ~ CHAIRMAN 10-87-0054 N/A NEW YORK STATE OEPARTMENT Of ENVIRONMENTAL CONSERVATION PERMIT Under the Environmental Conservation Law EFFECTIVE DATE 5/7/87 EXPIRATION DATE(s} 6/30/92 [--'~ Article 15, Title 3; 6NYCRR 327, 328, 329: Aquatic Pesticides ~---~ Article 15, Title 5: Protection of Water 1---~ Article 15, Title 15: Water Supply [---'~ Arl:icle 15, Title 15: Water Transport ~-'~ Article 15, Title 15: Long island Wells Article '15, Title 27: Wild, Scenic and Recreational Rivers 6NYCRR 608: Water Quality Certification -- Article 17, Titles 7, 8: __ SPDES Article 19: Air Pollution C0ntr0i* -- Article 23, Title 27: __ Mined Land Reclamation Article 24: N · Freshwater Wetlands N--New, R--Renewal, M--Modification, C--Construct (*only), O--Operate (*only) Article 25: Tidal Wetlands -- Article 27, Title 7; 6NYCRR 360: __ Solid Waste Management* Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management -- Article 34: __ Coastal Erosion Management -- Article 36: __ Floodplain Management -- Articles 11 3, 17, 19, 27, 37; __ 6NYCRR 380: Radiation Control PERMIT ISSUED ~'O Barbara & Eugene Perino ADDRESS OF PERMITTEE 132 Bayview Ave., E. Islip, NY 11730 ACEN~ FOR PERMITTEE!CONTACT PERSON ~_~/_E ,5_~_.~_/~,t/.~,~?4p,~/~S C~2,~JLOJECTIFACJ, L~TY (if different from .erm,ttee) -~-~--~.a-~a--~., ~ast ~arion 3u'£~ No. I000-031-12-16 I OqATION OF PRelECT}FACILITY COUNTY TOWN/C~[ UTM COORDINATES East Marion Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIVITY Construct a single family dwelling, garage, sanitary system and well in accordance with the approved plans (enclosed). GENERAL CONDITIONS By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compli- ance with the ECL, all applicable regulations and the conditions specified herein or attached hereto. The permittee shall file ,n the office of the appropmate reg,onaJ permit administrator, or other office designated in the special conditions, a notice of intention to commence ,~.c, rj~ at least 48 hours ~n advance of the time of commencement and shall also notify himfher promptly in writin8 of the completion of the work The permitted work shall be subiect to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspended if the public interest so requires pursuant to ECL §71~301 and SAPA §40113) The permittee has ac cepted expressly, by the execution of the application, the full legal responsibilit,/for all damages, direct or indirect, of whatever nature, and by whomever suffered, arising out of the project described herein and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and descrip- tion resulting from the said proiect. The Department reserves the right to modify, suspend or revoke this permit at any time after due notice, and. if requested, hold a hearing when: a) the scope of the proiect is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations are found; or c) newIv discovered information or signiticant physical changes are discovered since the permit was issued, The perm,ttee ~s responsible for keeping the permit active by submitting a renewal application, including any torres, fees or supplemental information which may be required bY the Department, no later than 30 days [180 days for SPDES or Solid or Hazarduous Waste Management permits} prior to the expiration date The permit[aa is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way which may be required }or this prelect PERMIt ISSUANCE DATE P~-1~'~dMf~FS?~'A"T~'~ ADDREss I 5/7/87 /~i Al[red T. Kellar Bldg. 40, SUI'~TY, ~. 219 Stony Brook, NY 117 AUTHORIZED SIGNATURE ,,~ , -/ , '~ ;'./" 4 ...... ~ ~-~.,~',.¢~g.;L- Page I of 4 cc: BEP 95-20~a (1/86)-- 25c ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5}, 24, 25, 34, 36 and 6 NYCRR Part 608 ( 10 That if future operations by the State of New York require an al- teration in the position of the structure or work herein authorized, or if. in the opinion of the Department of Environmentai Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natura~ resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fiji, excavation, or other modification of the watercourse hereby authorized shall not be com- pleted, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fiU and restore to its former condition the navigable and flood capacity of the watercourse No claim shall be made against the State of New York on account of any such removal or alteration. 11 That the 5tare of New York shall in no case be liable for any damage or inlurY to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or ~mprovement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage 12 Granting of this permit does not relieve the applicant of the responsi- bility of obtaining any other permission, consent or approval from the US Army Corps of Engineers, US Coast Guard, New York State Office of General Services or local government which may be required 13 All necessary precautions shah be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other enwronmentally deleterious materials associated with the prolect 34 Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway 15 There shall be no unreasonable interference with navigation by the work herein authorized 16 If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require remove aJI or any portion of the uncompleted structure or file and restore the site to its former condition. No claim shall be made against the State of New York on account of any such remora[ or alteration 17 [f granted under Article 36, this permit does not signify in any way that the project will be free from flooding 18 If granted under 6 NYCRR Part 60§, the NYS Department of Environ- mental Conservation hereby certifies tha3 the subiect proiect will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met 19 All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application Such approved plans were prepared by on SPECIAL CONDITIONS There is to be no disturbance tO vegetation or topography within 50' of the pond shore. A row of haybales, staked in place is to be established prior to any excavation or filling. In order to prevent runoff from entering the waterway, the haybales are to be at the down slope edge. Supplementary Special Conditions (A') through (J) attached. Additional Supplementary Special Condition (M) attached. 10-87-0054 N/A Page 2 of 4 SL~PL~.ITARY SPECIAL CO~ITIONS The foll~¢ing conditions apply to all permits: A. If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address and telephone noted below. B. A copy of this permit or approval and supplementary conditions shall be available at the project site whenever authorized work_is in progress. C. The permit sign enclosed with the permit or a copy of letter of approval shall be protected from the weather and posted in a conspicinus location at the work site until completion of authorized work. D. At least 48 hours prior to commencement of the project, the permittee shall complete and return the top portion of the enclosed receipt form cer~ifying that he is fully aware of and understands all provisions and conditions of this permit. Within one week of completion of the permitted'work, the bottom portion of that form shall also be completed and returned. E. For projects involving activities to be accomplished over a period or more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours to the commencement of resumption of work each year. F. If project design modifications take place after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require sub- mission of a new application for permit. G. Ail necessary precautions shall be taken to preclude contamination of any wetlands or wate~¢ay by suspended solids, sediment, fuels, solvents, lubrica:ts, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. H. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, s~all be treated as a~ziol~tion of the Environmental Conservation Law. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, NY District, 26 Federal Plaza, New York, NY 10278, (Attention: Regulatory Functions Branch), prior to commencement of work authorized herein. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Servioes, Tower Building~ Empire State Plaza, Albany, NY 12242, which may be required for any encroachment upon State-owned lands under water. Regional Permit Administrator - NYS Dept. of Envirommen~a~ Conservation Bldg. 40, SUNY--Room 219 Stony Brook, NY 11794 (516) 751-7900 DEC # 10-87-0054 Page 3 of 4 TIiE FOLLOU!UG C.3~I£[0~:S C::.;LL 29PLY II' CI~CIUZD AS APPLICABLE TIlE [EGiOiLiL PEi:~IIT J~'.k%]!~!ST~TO.~ x il. Ail dredging shall be conducted so as t~; leave a nnJform bottom elevation free cf mou~ds or hole~. All spoil material shall be disposed of either in the Atlantic Ocean or at an approved U.S. Government Dumping Ground~ as directed by the District Engineer~ U.S. Depart- ment of the Army~ Corps of Engineers. Any spoil magerial not intended for such water disposal shall be removed from the site and disposed of at an approved upland site.- All fill and spoil material shall be suitably contained at the work site so as to prevent its eroding, ie~cbing or wise entering into adjacent wetlands and waterways. All peripheral rip-rap berms, cofferdams, rock revetments, gabions, bulkheads, etc. shall be completed prior to placement of any fill material behind such structures. All repairs to existing structures shall be confined to =e- placement of existing structural elements with no chance design, dimension, or materials, unless specifically authorized herein. DATE: DEC # 5/7/87 10-87-0054 REGIONAL PEPI~IT ADI[IUISTP, ATOR Division of ReKulatory Affairs UYS Deft. of Environmental Conservation Bldg. 40, SU~, Room 219 Stony Brook, I,~ 11794 (5~) 75~-7900 Pa~e 4 of 4 1987 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 APPLI CATION TaX MAP NO. I~ O0 -31_~J~sJ~ .... LOCATION,OF. PROPERTY FOR WHICH PERMIT WANTED HOME ADDRESS OF PERMIT APPLICANT IF DIFFERENT FROM AFORESAID LOCATION ~'/0" .............. ;/ YARDS TO BE FILLED .~ ..... WIDTH OF CANAL, CREEK OR BAy FRONTING PROPERTY DISTANCE TO THE NEAREST CHANNEL AJ/~ FT D'STA.CE PROJECT EXTENDS DEYOND S'",LAR PROJEcTs ,N THE ~s THIs FOR PRIVATE OR aUS~NESS USE? .... INTENDED USE OF PROPERTy ..... ~ O ~ ~ ......... .AND ~HETNER ANY PRIOR LICENSE OR PERMITS HAVE BEEN ISSUED TO ERRECT STRUCTURES OR TO DREDGE OR DEPOSIT FILL ON SAID PREMISES AND WHETHER ANy PERMITS OR LICENSES WERE EVER SUSPENDED OR REVOKED BY A GOVERNMENT DESCRIDE FULLy THE REHABILITATION AND PROPOSED CONDITION OF THE PREMISES AFYER THE ~OR~ IS COMPLETED INCLUDE AN ADDITIONAL SURVEy THE PROJECT SITE IF NECESSARy WRITTEN CONSENT OF THE OWNER OF THE PROPERTy, APPLICANT. ARE THERE ANY COVENANTS OR RESTRICTIONS PROHIBIT THIS PROJECT? JU0 IF NOT THE SAME AS THE IN YOUR DEED THAT WOULD BOARD OF TOWN TRUSTEES - · TOWN OF SOUTHOLD SHORT ENVIRON~EHTAL ASSESS~EHT FORM PART Il Environmental Assessment (To be completed by Agency) PART III Determination of Signilicance (To be completed by Agency) iNSTRUCTIONS: For each adverse eitect identiiied above, determine whether Jt is substantial, large, important or COUNTY OF SUFFOLK ) STATE OF NEW YORK )SS: In completing this application I hereby authorize the Trusteesj agent or representative to enter onto my property to inspect the premises in conjunction with revi~_of this ~li~ation. 77 Approved 2/27/85 Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI June 30, 1987 Mr. and Mrs. Eugene Perino 132 Bayview Avenue East Islip, NY 11730 Re: Appeal No. 3643 - Variance for Deck Addition 820 Truman's Path, East Marion (Marion Lake) Dear Mr. and Mrs. Perino: We are transmitting to you for your conven ence a copy of the recently amended Notice of Disapproval indicating that a variance and Trustee approval was needed also for your proposed dwelling. Since the Notice of Disapproval was amended after your filing of the variance application, we must ask you to confirm the exact setback of the proposed dwelling "-~with anaL.without the deck from the nearest wetland 9~as~.s /~'"~-hich is upland of the shore of Marion Lake. In the event the dwelling is to be proposed closer than 75 feet of the nearest wetland Aras~A, you may wish ~/~.to amend your variance application to include the same. We are enclosing copies of the Forms ZB1 and No~ice to Adjoining Property Owners for such a~eDdments and ~//~/~,,/q?-submission to our office. The Notice to Neighbors Forms would be re-sent by certified mail to both abutting I property owners, and the reverse side should be completed / and certified receipts of the re-mailing attached thereto. Page 2 June 30, 1987 Appeal No. 3643 To: Mr. and Mrs. Eugene Peri no In the interim, please proceed with your applications and amendments with the: (a) Southold Town Trustee (765-1892), and ~z~.~ (b) N.Y.S. Department of Environmental Conservation Upon receipt of the above, we will be in a position to your application for a public hearing. Please do not hesitate to call at any time if you have tions. Enclosures cc: Southold Town Yours very. _/~ruly ,? CHAIRMAN By Linda Kowalski Trustees (751-7900). schedule ques- Southold Town Board of Appeals MAIN ROAD- -qTATE ROAD 25 c:OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE OOYEN, JR. / ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Mr. Victor Lessard Building-Department Administrator Town Hall Southold, NY 11971 June 26, 1987 . Re.' Building Permit #16131Z Issued 6/24/87 Appeal No. 3643 Filed 6/24/87 Matter of Eugene and Barbara Perino Dear Vic: In reviewing the files in the above matter, it has been noted that the dwelling proposed to be constructed under the above Building Permit is located along the shore of Marion Lake. Inasmuch as the survey does not delineate the freshwater wetland grasses above the shoreline, please confirm whether or not a determination has been made by your office or the Bay Constable as to freshwater wetland grasses above the shore line, which would reduce the setback of the new dwelling to less than 75 feet (per lO0-119.2C). The application pending before this Department is for a proposed deck for attachment to a dwelling not in existence. Please respond as soon as later than Tuesday, June 30th. assistance. lk Enclosures possible and in no event Thank you for your .~v e r y~. ~,_...~/~ GERARD P. GOEHR[NGER CHAIRMAN .Legal Notices · NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Seuthold, the follow- ' lng hearings will be held by the SOUTHOLD TOWN BOARD OF APPEAL~ at a Regular Meeting at the Southold Town Hall, Main Read, Seuthold, New ~York, on THURSDAY, AU- GUST 20, 1087 at the following times: 7:35 pm. Appl. No. 3602 - MARGARET McNAMARA. Variance to the Zoning Ordi- nance, Article XI, Section 100- 119.21B) for permission to con- struct wooden deck attached to existing dwelling with an insuf- ficient ~etback from existing timber bulkhead and Peconic Bay. Location of Property: 640 Takaposha Road (Private Road # 15),.seuthold, NY; County Tax Map Parcel No. 1000-87-06-10. 7:40 p.m. AppL No. 3646 - ROBERT AND NANCY MUIR. Variances to the Zoning Ordinance, Article I11, Section 100-31, Bulk Schedule, for per- mission to construct additions to dwelling with an insufficient rearyard setback and insuffi- cient frontyard setback. Loca- tion of Property: Corner of Gil- lette Drive and Cleaves Point Road, East Marion, NY; County Tax Map Parcel No. 1000-38-2- 29. f 7:45 p.m. Appl. No. 3643 - EUGENE PERINO. Variance to the Zoning Ordinance, Article XI, Section I00-119.2 for permis- sion to locate proposed dwelling with or without deck addition within 75 feet of nearest wet- lands along the shoreline of Marion Lake. Location of Prop- erty: West Side of private righ!- of-wa,y, known as "Truman s Path,' East Marion, NY; County Tax Map Parcel No. 1000-31-12- WIGHTMAN, and DAVID FREY, Recessed hearing from July 16, 1987 to be reconvened. 8:00 p.m. Appl. No. 3647 - JOHN AND JOAN WETZEL. Variance to the Zoning Ordi- nance, Article III, Section 100- 31 and Article XI, Section 100- 119.2, to construct additions to dwelling with reductions in the sideyard, and to construct addi- tion landward of existing dwell- ing structure 70-* feet from the nearest wetland edge or highwa- ter mark along Eugene Creek. Location of Property: 4635 Pequash Avenue IFleetwood Roadl, Cutohogue, NY; Fleet- wood Cove Lot No. 12; County Tax Map Parcel No. 1000-137- 04-00g FERUCIO FRANKOLA. vwr~ ance to the Zoning Ordinance, Arld[~ XI, Section 100-119,2 for pee~kion to construct swim- nqn-~l, deck and fence enclo- sure within 75 feet of wetland area along West Creek. Location of Property: 1900 Glenn Road, Seuthold, NY; West Creek Es- rates Lot No. 19; County Tax Map Parcel No. 1000-78-02-36 8:10 p.m. Appl. No. 3655 - ELLEN HOPE DeMARIA. Variance from Condition No. 1 rendered July 8, 1965 under Ap- peal No. 785, and Article 11[, Section 100-32, for approval of the construction of accessory storage shed in frontyard area as shown on survey prepared by Roderick VanTuyl, P,C. April 9, 1984. Location of Property: West Side of Private Road tWest View Drive), Orient, NY; County Tax Map Parcel No. 1000-13-3-3. 8:15 p.m. AppL No. 3656 - NICHOLAS IPPOLITO, Vari- ances to the Zoning Ordinance, Article III, Section 100-31, and Article XI, Section 100-119.2, for permission to construct garage addition to dwelling with an in- sufficient southerly sideyard set- STATE OF NEW YORK ) ! SS: COUNTY OF SUFFOLK ) said County. being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport. in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy. has been regularly published in said Newspaper once each week for 6-- weeks successively, commencing on the _ - . August NORTH ROAD AS- SOCIATES. Variance pursuant to New York Town Law, Section 280-a, for approval of access over private right-of-way extending 170 feet from the north side of Main Road. Orient, NY; County Tax Map Parcels No. 1000-18-4- 1.3 and 2. 8:40 p.m Appl. No. 3592 - BENTE SNELLENBURG. Hearing recessed from July 16, 1987. 8:50 p.m. Appl. No. 3654 WILLIAM MOORE, ESQ. and BENJAMIN HERZWEIG, ESQ. Variance to the Zoning Ordinance, Article XI. Section 100-119.2 for permission to es- tallish "building envelope" with setbacks of not less than 38 feet from nearest wetland along existing two-foot contour and not less than 30 feet from the fl'ont property line (as approved under Appl. No. 3412 June 30, 1987). Location of Property: 675 Meadow Lane, Mattituck, NY; Matt/tuck Estates LOt No. 42; County Tax Map Parcel No. 1000-115-5-7. The Beard of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above matters. Each bearing wiII not start before the time al- lotted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more info~¥nation, please call 765-1809. D~ted: July 27, t98' BY OL. THE ,[ITHOLD TOW~; kRD back, insufficient total Z sideyards, insufficient setback Sworn toJ:f~for~._:e this _ from bulkhead along Ar- ~'~/~/W ~-7 shamomaque Pond, and exces- day o~f _ 19 MARY K ~[GtI~I sive lot coverage. ~cation of /,7/~ // [~ ~ NOIhRYPUBtlg, otateofNewY~rk ' mperty: 230 Carole ~aa, /~/~./~~ SUftotk County NO. 48~9860 ~., ~reel~Uth°ld;No. NY;loOO-O52-O2-OOT.O°u"ty Tax Map ~/ w~7,, ~- ~.,, ~pireS Feb,,,~'9 ~ ~ 8:30 p.m. AppL No, 3653 - NOTICE ~1S HEREBY GIV- EN, pursuant to Section 267 of the Town Law al~ the Code of the Town of following hearinl~ Ltl] l~e !held ~'~ by the SOUTHOL~3 TOWN ~at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY~ AUGUST 20, 1987, at the following times: 7:35 p.m. Appl. No. 3602- MARGARET McNAMARA. Variance to the Zoning Or- dinance, Article Xl, Section 100-119.2(B) for permission to construct wooden deck attach- ed to existing dwelling with an.,-' insufficient setback from ex- isting timber bulkhead and Peconic Bay. Location of Pro- perty: 640 Takaposha Road (Private Road No. 15), Southold, NY; County Tax Map Parcel No. 1000-87-06-10. 7:40 p.m. Appl. No. 3646- ROBERT AND NANCY MUIR. Variances to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Schedule, for per- mission to construct additions to dwelling with an insufficient rearyard setback and insuffi- cient frontyard setback. Loca- tion of Property: Corner of Gillette Drive and Cleaves Point Road, East Marion, NY; Coun- .i,o ty Tax Map Parcel No./'n 1000-38-2-29. ~"'~7:45 p.m. Appl. No. 3643-~ EUOENE PERINO. Variance \ to the Zoning Ordinance, Arti- ] cle XI, Section 100-119.2 for per- ] mission to locate proposed [ dwelling with or without deck/ addition within 75 feet o~, nearest wetlands along the shoreline of Marion Lake. Loca- tion of Property: West Side of private right-of-way known as "Truman's PathS' East Marion, NY; County Tax Map Parcel No. 1000-31-12-16. -...__._ 7:50 p.m. Appl. No. 364.4(- JOSEPH REINHART~ FRED WIGHTMAN~ AND DAVID FREY. Recessed hearing from , {? July 16, 1987 to be reconvened./ 8:00 p.m. Appl. No. 3647- .JOHN AND JOAN WETT~I Variance to the Zoning Or- dinance, Article 111, Section 100-31 and Article XI, Section 100-119.2 to con~truct additions to dwelling with reductions in the sideyard, and to construct addition landward of existing dwelling structure 70± feet from the nearest vn:tland edge or , highwater mark along Eugene Creek. Location of Property: 4635 Pequash Avenue (Fleet. wood Road), Cutchogue, NY; Fleetwood Cove Lot No. 12; County Tax Map Parcel No. 1000-137-04-006. FERUCIO FRANKOLA.)© ~s~Variance to the Zoning Or- tnance, Article XI, Section nmY00-119.2 for permission to con- Ss: struct swimmingpool, deck and fence enclosure within 75 feet of wetland area along West Creek. Location of Property: 1900 Glenn Road, Southold, NY; West Creek Estates Lot No. 19; County Tax Map Parcel No, July sworn, says that she is the LAND TRAVELER-WATCHMAN, d at Southold, in Suffolk County; dinance, Article 111, Section 100-31, and Article Xl, Section 100-119.2, for permission to con- struct garage addition to dwell- ing with an insufficient souther- ly sideyard setback, insufficient total sideyards, insufficient set- back from bulkhead along Ar- shamomaque Pond, and ex- ,tary Public cessive lot coverage. Location of ~ Property: 230 Carole Road~ BAR!L'~RA Southold, NY; Conoty Tax Map ~ry J'tr~ ~, :4t:~l Parcel No. 1000-052-02-007. N,,..t:, 8:30 p.m. Appl. NO. 3653- ~,,[;t'~d NORTH ROAD ASSOCIATES. ni.-;si,, Variance pursuant to New York Town Law, Section 280-a, for approval of access over private right-of-way extending 170 feet from the north side of Main Road, Orient, NY; County Tax Map Parcels No, 1000-18-4-1.3 and 2. 8:40 p.m. Appl. No. 3592- .B,ENTE SNELLENBURG, Hearing recessed from July 16, 1987. 8:50 p.m. Appl. No. 3654- WILLIAM MOORE, ESQ. and BENJAMIN HERZWEIG,,i~ /:SQ, Variance to the Zoning~ Ordinance, Article XI, Section 100-119.2 for permission to establish "building envelope" with setbacks of not less than 38 feet from nearest wetland along existing two-foot contour and not less than 30 feet from the front property line (as approv- ed under Appl. No. 3412 June 30, 1987). Location of Proper- fy: 675 Meadow Lane, Mat- tituck, NY; Mattituck Estates Lot No. 42; County Tax Map Parcel No~'.1000:115-5-7. ~he Boil, rd of:Appeals will hear at said time and place all 1000-78-02-36. 8:10 p.m. Appl. No. 3655- ich the annexed is a printed copy, ELLEN HOPE DeMARIA. d Long Island Traveler-Watchman Variance from Condition No. 1 rendered July 8, 1965 under Ap- ' ........... peal No. 785, and Article 111, Section 100-32, for approval of on the the construction of accessory ...................... storage shed in fromyard area as shown on survey prepared by I', .... 19 . .~. Roderick VanTuyl, P.C. April 9, 1984. Location of Property: West Side o f Private Road (West ......... View Drive), Orient, NY; Coun- ty Tax Map Parcel No. 1000-13-3-3. 8:15 p.m. Appl. No. 3656. NICHOLAS [PPOLITO. Variances to the Zoning Or- ' ........... ~'~"~ ........ (.]ay of APPEALS BOARD MEMBERS ~ ERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. I~OBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHDLD. l.l., N.Y. llCJ?l 1ELEPHONE (516) 765-1809 TO WHOM It MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event the're 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~.~, .~ ,~ G'ERARD P. GOEHRINGER ~// CHAIRMAN Enclosure Linda .Kowalski Secretary and Board Clerk TO~VN OF $OUTHOLD, NEW YOI~K APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .............................................. - ................. ................. .~......~. ....................... Name of APpellant Street and Number .............................. .~.B..~..Z.....J..~..c.../..~.. ...................................... ...~...~. ............. HEREBY APPEAL TO MuniciPality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON /I,I APPLICATION FOR PERMIT NO ...... .,~l.~¢~/~J) ........... gATED ............. ~./.~./...~...'7. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ....................................................... ...... Street and Number Municipali~ State ( ) PERMIT TO USE ) PERMIT FOR OCCUPANCY ~- ~U'" M's PATH ........ 1. LOCATION OF THE PROPERTY ~.HU ~ . .~ ............. Street /Hamlet / Use District on Zoning Map Iv~ap No. Lot No. Prior 0wnerJOtqlO ~-~05~ tdtc/t2.~.o 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 I~0 -II~l 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) 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 cppeol was ( ) request for a special permit ( ) request for a variance and was mode in Appeal No ................................. Dated ...................................................................... ( ) eX) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Fo~m ZBI (Continue on other side) REASON FOP, APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because LAI E HA( o . 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) ss COUNTY OF ) Signature Sworn to this .................. I..~.. ....................... day of ...................................... BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter m the Petition of : to the Board of Appeals of the Town of Southold : TO: YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. Th,~r,-~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request af~rJance~(Special Exception) (SpeeJal Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ~'~O ")~I~.U~t.AI~J 'S ~D/q'l-H 3. That the property which is the subject of such Petition is located in the following zoning district: A 4. That by such Petition, the undersigned will request the following relief: ~i~/~k( IT 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section [ ] Section 280-^, 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 ma), 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: Owners ' Name s: ~:g~a;6 Post Office Address oard ol ]t,r peals DJ $outholcl NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADD____RESS P-536 k~ 573 FOR C~; L-' !t ~See Reverse; STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~ /~ ~ I ~j ~ , bein~ duly sworn, depo~ and says that on the /~ day of d ~f ,19 ~ ~ , deponent mailed a true copy of the Notice set forth on the re- ve~ side hereof, directed to each of {he above-named pe~ons at the address~ set opposite thor respective name; that the addresses ~t opposite the names of said persons are the addr~ses of said persons as shown on ~the current ~sme~ roll of the Town of Somhold; ~hat ~id Nofic~ were mailed at the U6it~ States Post ~- fi~~, ~J~ C I~ ~ ' that said Notices were mailed to each of said persons by ~rtifie~'~t~ed) mail. -', ; . . ~ ~' Sworn to before me this /¢ day of ~ * ,19 ~:~7 Notary Public D!:\I-~'E R. PE~INO NC'[&R'¢ PLL"LIC. Slole ot New York No. 4670370, Suffolk County Term Expire~, ~ (This side does not have to be property owners,) comp]eted on form transmitted to adjoining I~OARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' the Petition of to the~Board of Appeals of the Town of Southold : YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER o20 E,'~P,D/~r6'~M L 1. Thane intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~(~arianc~') (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property a~d is des- cribed as follows: ~.~) T'~o/ul~J/~,JL~ P~ ~x ~P Iooo-6~1-/~-/~ ~. That the property which is the ibject of such Petition ~ located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ,D~-,~/IT- ~O~l-.t) /q d)~J( ~r,~J)~770,~/ 1.4d 17-H,A3 '7..~-' OF $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article .~-- Sec'c~c~. c~ 7 - I ~ ~' [ '1 Section 280-^, New York Town Law for approval of access over tight(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) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Owners 'Names: z~-.J/-~-~t~E ~c/~/~/~B/~.,,~ Pc~RIMO Post Office Addrms NAME PRC;IQFOF MAILING OF NQTI~E ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P-536 629 137 ~EC'E~T FO~4 CEF~TIFIED ~AIL P-536 629 136 STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.:  yo~ //T~O , being duly sworn, deposes and says that on the ~ day' of ,19 ~ . deponent mailed a true copy of the Notice set forth on the re- ver~side hereof, directed to each of the above-named pe~ons at the addres~s set opposite thor respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the curren[ assmsment roil of the Tqwn of Southold; that ~id Notices were mailed at the United Stat~ Post Of- ~ ~ ~ ~, ~/ ; that said Notices were mailed to each of said persons by ~certifi~ (registered) m~il.' Sworn to before me this _~0~t - ~t~otary Public (Th~s s~de does not have to be property owners. completed on form transmitted to adjoining $11ORT ENVIRONMENTM, ~S:]E:]SM[:II~fq4 ,3NsTRucTIO~$1 (a) In order to an=wet the qun~tion'~ in this short gAF is to assumed that the proparer will uso curron~ly availablo ~fo~ution conco*~lng tho project and the (b) If any questio~ ha~ boon answered Yes the project ~ny bo ~i~ificsnc and a cc~ple%ed Enviro~ental Assessment Fo~ is necessary. (c) If all que~tions have b~en answered l;o It 13 likely tbm~ this project is ~o~ sl6nl£1cant. (d) ~qviron~cn[nl Will project result In a laF6e phys£c~l c{~n~o %0 the project site or physically niter more than 10 acres of land? · · · · · · · 2. WAll thoro bo a mm~or change tO any unique or unueuul land form found on tho site? ],Will project alter or have a lor&u u££ect on an uxistin~ body of water? · · ,. &. Will pro]oct have a potentially larva impacb on ~roundwater quality? · · , , · 5. Will project sig~ificantly, o££uct dra~nnge on adJacon~ ~itu~? · · * · · Will project affect any tl~ea%unod or endangered 7, W~i project res~% in a major adw~r:-~ affect on W~i prcJec~ hava'a mn Jot effect tn vimml char.- ac%er of tho community or ~cenic viewu or vistas k~o~ Zo bo ~porta~t %o ~ho coin~unity? , , , 9, Will proJec~ adversely ~pac~ any site or ~truct~ urn of hto~ortc~ pro-hia~ortc, or paleontological importance o~ any ~tto do~i~ated as a critical environmen~l urea by a local aloncy? , · W~i proSoc[ have a ~3or offoc% on oxlu~a or future recreational oppor%~i%io3? , , WAll project result'in ~ou traffic problems or ca~e a major effect ~o existing tpanspor~atio~ 12. Will GroJoct rog~arly cause objectionable ance as a ros~: of the project's operation? · Will project have any impact on public health salary? ~, W~Z proJoc~ ~ffoc~ the ex~u~ng co~unzt7 b~ directly causing a ~rowth In per~nanent Fapula- %ion cf moro than ~ percent over a c'n~-yoar period o~ have a major negative effec% un the character of tho cOg~uni%y ~r nel~hborllocd'". [~, lo there public co~trovurny concernln4 5ho project? PREP~RER'S SIC:IATL~E, _~ ~ .... -- Yes You ,, ~lO ---- Yen You /No You 'f~:; ...~,~o QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals: to change, or. alter land contours? Yes (]~ 2.a) Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Yes *b) ~n Code, Ch. 97 for your reference.) there any areas open to a waterway without bulkhead? Yes 2. Are there existing structures at or below ground level such as patios, foundations, etc? ' Yes 4. Are there any existing 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 total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground l~l? State total: ft. Are there other premises under your ownership abutting this parcel? If .yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership,'if any)? State Permit # and Nature: ~y~ ~ER~ ~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Yes Yes Yes ~ Yes No r Planning Board Yes N~no Town Board Yes Town TrUstees /~ County Health Department PtPPI~U~D ~,,,~l./~'~ {~?~.~'0- No Village of Greenport ~ --- Yes N.Y.S.D.E.C. ~~ Yes N~ Other Yes 10. Is premises pending a sale or conveyance? .. If yes, please submit copy of nam_es or purchasers and conditions of sale. (from contract). Yes ll. Is new construction proposed in the area of contours at 5 feet or less as exists? . Yes N~c_c 12' If new construction is proposed in an ~e.a within. ~.5 feet of wetland, grasses, or land area-a~ a~ eleva- tion of five Tee~ or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under ~ N( the requirements of Ch. 97 of the Town Code? 13.Please list present use or operations conducted upon the subject property at this time ~JC~iA-J- and proposed .~/~./~ r ~J ~ll ~ ~{ *Please submit photographs for th~'~'eco-rd. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in cons.idering my aj~plication. Signature (P~oper ty Owner) (~q~ ~.;~ri z~d 3/87 1 k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cow ered with, or which border on, tidal waters, orqands lying beneath tidal waters, which at mean Iow title are covered by tidal watertl to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; {2) All banks, bogs, me,.dews, flats and tklaI marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wethmd as defined ia Subsection A(2) and lying within seven- ty-five (75) feet hmdward of the most landward edge of such a tidal wetland. B; Flt}gSHWATER WETLANDS: (1) "Freshwater wetlands" :ts defined in Article 2,I, Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75.) feet landward of the most land- ward edge of a "freshwater wetlaod." 9705 .,~,.~V7 NO/~lVyy Phone '477-0400 GREENPORT, N.Y. 11944. Mai. Rt~ad