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HomeMy WebLinkAbout33683?00 Deephole Dr. ~? Matt. ATf ~__ John & Lorraine Fahry -~Cons~ruct deck wi~hi~75~--~o-£-we~l~nd~.~/G/~-- .... Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLO, L.l., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3368 Application Dated May 6, 1985 TO: Mr. and Mrs. John Fabry 73-23 53rd Road Maspeth, NY 11378 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on August 8, 1985, the above appeal was considered, and the action indicated below was taken on your ,~ L] Reques~for Variance Due to Lack of Access to Property ~:.:i~]~.~~n Law, Section 280-a [ ] Reques[ 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 JOHN AND LORRAINE FABRY Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for-permission to construct deck addition to dwelling with an insufficient setback from existing highwater mark at premises identified as 3700 Deephole Drive, Mattituck, NY; County Tax Map Parcel No. 1000-115-17-007. WHEREAS, a public hearing was held and concluded on July 18, 1985, in the Matter of the Application of JOHN AND LORRAINE FABRY; and WHEREAS, the board members have considered all testimony and documentation entered into the record in this matter, and it is noted that there has been no opposition entered concerning this appeal appli- cation; and WHEREAS, the board members are personally familiar with the premises in question and the surrounding properties; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests permission to construct a 23'8" by 28' deck addition at the rear (east) side of the existing dwelling which is proposed to be set back 8~ feet from the existing highwater mark as shown on survey dated January 27, 1977, or approximately 36 feet from the rear property line which is located below the highwater mark~ and proposed to be abutting an existing bulkhead. 2. The subject parcel is presently improved with a single- family dwelling set back 35' from the front (west) property line and 45' from the rear (east) property line. This parcel is a described lot identified on the Suffolk County Tax Maps as District lO00, Section 115, Block 17, Lot 7. 3. In viewing the circumstances of the existing structure and the size of the parcel in question~ the board finds that a deck is practical in the location chosen, provided that it not be converted for additional livable floor area and that it remain at least three feet away from the existing bulkhead area. (CONTINUED ON PAGE TWO) DATED: August 14, 1985. Form ZB4 (rev. 12/81) CHAIRM3kN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3368 Matter of JOHN AND LORRAINE FABRY Decision Rendered August 8, 1985 In considering this appeal, the board has found that this project should be granted as conditionally noted below since: (1) the relief requested will not be detrimental to adjoining properties; (2) there will be no substantial change in the char- acter of this district; (3) the relief requested will not cause a substantial effect of any increased population density, since the property will continue to be used for single-family residential use; .(~) the circumstances are unique; (5) the ~ifficulty cannot be obviated by some method feasible to appellant to pursue other than a variance. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that relief be and hereby is GRANTED in the Matter of the Application of JOHN AND LORRAINE FABRY, Appeal No. 3368, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The deck be no closer than three feet to the existing bulkhead (accordingly size of deck must be reduced); 2. The deck remain open and not to be enclosed for addi- tional livable floor area or sleeping quarters; 3. No lighting that will be adverse to neighboring properties shall be permitted. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk /,GERARD P. GOEHR~,NGER, ~HAIRMAN ' August 14, 1985 ~ RECEIVED AND FILED BY THE SOUTHOLD TOWN CT.~.RK own of Soutl{6'ld NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, JULY 18, 1985, and as follows: 7:30 p.m. JOSEPH AND ARLENE LESTINGI Hearing to be reconvened. Permission to locate garage in frontyard area. 1150 Sound Drive, Greenport~ 7:35 p.m. SOCRATES AND DAPHNE SPIRAKIS Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for appr6val of a garage addition to dw6lling cosstf~ted with an insufficient setback from the northerly sideyard area at premises identified as 500 Teepee Trail, at "N~nnakoma W~ers," Southold, NY; County Tax Map Parcel No. 1000-82-02-23. f 7:40 p.m. JOHN AND LORRAINE FABRY - Variance to the Zoning ~ Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition to dwelling with an insufficient setback from ex,§tin§ nighwater mark at premises identified as 3700 Deephole Drive, Matti- tuck, NY; County Tax Map Parcel No. 1000-115-17-007. 7:45 p.m. ROBERT N. KENNEY Variance ~o the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to con- s~ruct deck addition to dwelling with an insufficient rearyard setback a~ premises identified as 2320 Gillette Drive, East Marion, NY; Marion Manor Subdivision, Filed Map 2038, Lot 11~ County Tax Map Parcel No. 1000-38-02-024. 7:55 p.m. R.L. BERGEN OIL CO., INC. Variance to the Zoning Ordinance, Article VI, Section 100-60 (100-80(C)[2]) for permission to erect detached ground sign, the lower edge of which ~-~rbposed to be less than four feet above ground. Premises zoned "C-Light" ~ndus- trial and identified as 9275 Main Road, Mattituck~ NY; County Tax Map Parcel No. 1000-122-06-12. 8:00 p.m. SOUTHLAND CORP. (7-11) - Variance ~o the Zoning Ordinance~ Article XI, Section lO0-119.1(a) for ~ermission to construct fence in excess of height limitations in fr~ntyard area at premises iden- tified as 56480 Main Road, Southold, NY; County Tax Map Parcel No. 1000-62-03-37. (B-1 Business Zoning District). 8:05 p.m. JOHN F. MARTIN ~ariance to the Zoning Ordinance, Article III, Section I00-32 for permission to erec~ radio antenna tower i~ excess df height limitations for accessory structures at premises identified as 815 Old Shipyard Lane, Southold, NY; Founders ~omes Su6divi~i~n Lots 104 and 105; County Tax Map Parcel No. 1000-64-05-19. Page 2 Legal Notice of Hearings Regular Me6ting of July 18, 1985 SOuthold Town Board of Appeals 8:10 p.m. COMMUNITY CHRISTIAN FELLOWSHIP, INC. - Special Exception to the Zoning Ordinance, Article III, Section t00-30(B)[2] for permission to establish and locate church for worship in this "A~80" Residential and Agricultural Zoning District. Location of Premises: 11565 CoR. 48 (a/k/a 11565 Wickham Avenue)~ Mattituck, NYg County Tax Map Parcel No. 1000-108-01-003. The Board of Appeals will hear at said tilde and place all persons desiring to be heard in each of the above matters. Written comments may also submitted prior to the conclusion of the hearing in question~ (Tel~ 765-1809 or 1802). Da~ed: June 27~ 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN ~nstructions to newspapers: Please publish once, to wit: THURSDAY, JULY ll, 1985 and forward 7 affidavits of publication to: Board of Appeals~ Main Road, Southold~ NY 1i971. Copies to the following on or about 7/8/85: M~. David Kapell as agent for Lestin~_~ Mr. and Mrs. Socrates Spirakis, 139 Stratford Mr. John DeReeder~ as agent Avenue~ Garden City, NY 11530 Mr~ and Mrs~ John Fabry, 73-23 53rd Road, Maspeth, NY 11378 Mr. Robert N. Kenney~ 2320 Gillette Drive, Box 392, East Marion 11939 Mr. Dale M. Bergen, Pres~ R~[~ Bergen Oil Co., Inc., 9275 Main Road, Mattituck~ NY 11952 Thomas J. Osborne, Esq. as attorney for Southland Corp. (7-11) Esseks~ Hefter~ Cuddy & Angel, 108 East Main St.~ Box 279, Riverhead Mr. John F. Martin, 815 Old Shipyard Lane, Southold~ NY 11971 Mr~ Carl Daniel Reite~, Jr. as agent for Community Christian Fellowship, Inco~ 7980 Wickham Avenue (a/k/a 11565 C.R. 48), Mattituck, NY 11952 ?.0. Box 7809 Mattituck~ NY i1952 TOWN OF SOUTHOLD · BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TArE NOTICE that your application dated. .... .~. ........... , I9 for pemit to ~~..~...~.~...a.d~ ............... . ............ at ~o~t~o~ o~ ~o~ ...~. ,.~ ~... ~C.~. ~.~.. ~ ~~ ....... Hou~ No. Street Ham/et County Tax Map No. 1000 Section .... [[.~7 ..... Block ..... / 2 ...... Lot ...~ ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds. .~.. ~.. ~..~.. /.: .~. x/./.~....~. ~...~ .~..~ .~...~.7 ,...~. ~.~ ~..~~. ~..~ ...... ~ ......... 4. e..~~..~...~~..~. ~ ~/ ~ ~ , -- . . Building Inspector RV 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N.Y. 11971 TEL.: 765-1803 Examined ................ , 19... Approved ................. 19... Permit No ............ Disapproved a/c ..................................... Received ........... ,19... APPLICATION FOR BUILDING PERMIT Date ................... 19. INSTRUCTIONS a. This application must be completely filled Jn by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings or/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 pa~ of tkis appli- cation. c. The work covered by tiffs application may not be commenced before issuance of Building Permit. d. Upon approval of this applicatiom the Building Inspector vAll issued a Building Permit to the applicant. Such permit shall be kept on the premises available, for inspection throug~hout the work. e. No building ~ail be occupied or used in whole or in part for any purpose whatever until a Cexificaze of Occupancy shall have been granted by ~e BufldLng Inspector. APPLICATION IS HEREBY MADE ro the Building Department for the issuance of a Building Petarnit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws. Ordinances 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, hous~g code, and regulations, and to ~dmlt a~ ~;~oHz~d inst,~ctors or~ premises az,d fi~ buildhzg for nece~jpections..~. (Signature of applicant, ~ name, if a corporation) ~i "'" ~ Y' ~ , ~' / .... (Mailing address of a~licant) / tI gT~ State whether applicant is owner, lessee, agent, architect, en~neer, general contractor, electrician, plumber or builder. ....... ~ .&.{O.~: .'~. .............................................................................. ~ame oI' owner of premises ... ~/--~ b.~....~..../-..o;, r.~.,.,,.e.... #~ } ::./: ......................... (as on the tax roll or latest dked) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................... Ph~mber's License No ......................... Electrician's License No ....................... Other Trade's License Nl ...................... !. Location of land o~which proposed work will be done .................................................. .7.?.o ..... .............................. .............. fIouse Number Street Hamlet County Tax Map No. ]000 Section .. ./.~ ........ Block ..... I g. .... Lot.. "7 ............... Subdivision ..................................... Filed Map No ............... Lot ............... (Name/ 2 State existing use and occupancy of premises and intended use and occupancy of proposed construction: £ ;d / ' a. Existing use and occupancy .... ~4 ....~.~ .... ~5~ . b. Intended use and occupancy .... ~.ff S.i.J.~ [~d21 .~/... ~.~.. :~-?~...~. ............................ 3. Nature of work (check which ai .cable): New Budding .......... Ad~ _~on .......... Alterat~n . .. ...... RepMr . . Removal .............. Demolition .............. Other Work .L} ~ ..... '~-d (Descr{ption) 4. Estimated Cost .... ~ f.~¢ .......................... Fee .................................... (to be p~d on filing this application) 5. if dwelling, number of dwe~ing units ............... Number of dwelling units on each floor .............. If garage, number of ;~ 6. if ousmess, commercial or mixed occupancy, specify nature ~d extent of each type of use ..... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Deptk Height ............... };umber of Stories ...................................................... D~nensions of same strncture with alterations or additions: Front ................. Rear ................ Dep~ ...................... Hei;t ...................... Numar of Stories Dimensions of enflre new construction: Front ............... Rear ............... Depth ...~ .................. N~mb~, of Stones ..................................... . ......~ ......... Size o~ lot: Front.../.¢¢..¢..~ ......... Re~.. ~/~ ......... Depth ./~[ .~/ ........... Date of Purchase ............................. Name of Fenner Owne~ ........................... Zone or use district ~n which premises are situated Docs proposed construction vioiate any zoning law, ordinance or re¢lation: .............. ' ................ grill lot be regraded ........................... Will excess fill be removed from premises: Yes N~e of Owner of premises .................... Address ................... Phone No .............. N~e of ~ch~tect ........................... Address ................... Phone No .............. Nmme of Contractor .......................... Address ................... Phone No .............. 8. 9. !0. 1t. 12. 13. 14. PLOT DIAGRAM Locate clearly and distincdy ~1 buildings, whether existing or proposed, and, indicate al~ set-back dknensions fro property lines. Give street and block number or description according to deed, and show street names and indicate wheth interior or corner lot. STATE OF NEW YORK. S.S COUNTY OF ................. ................................................. being duly sworn, deposes and says that he is the appuca., (Name of individual signing contract) above named. He is the ........................................................................................ (Contractor, agent, corporate officer, etc.) of said owner or owners, mad is duly authorized to perform or have performed the said work and to make and file thi application; that all statements contained in this application are true to the best of his knowledge and belief; and that th. work w/Il be performed in the manner set forth in the application filed therewith. Sworn to before me this .............. ¢~ ........ day of ...... .~..~.;/ ........ , 19 . ~'1/ P~ECL~VED NAY 0 6 1985 'row. oF SOU'rHoLD, APPE ~,~z~FI~A~ION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOU 1, (We) ....... . .~....:....'~........~... ......... I..~..~....~.....~.. .......... of Name of Appellcmt ................. ................................................. Municipality THE ZONING BOARD OF APPEALS FROM THE DECIS NEW YORK .......... FHOLD, N. Y. ...... ................ Street and Number ^PP L State )N OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ................................... 1' DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ...... Name of Appli'~ant for pel'mit .............. "~'r'~;t and"~;r ...... v~unici~olity ........... ~;~a~r; ....... ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..~7~O ~e,' ......................... .......... ..... Street Map No. Lot No. 2. FROVI,SION (S) OF THE ZONING ORDINANCE section and Paragraph of the Zoning Ordinance by nurr 3. TYPE OF APPEAL Appeal is made herewith for (~-'Y' A VARIANCE to the Zoning Ordin,ance or Zoning ( ) A VARIANCE due to lack of access (State of Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (~cJ~) of the Bui]ding Inspector or with respect to this property. Such oppeel was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ~ A Variance to the Zoning Ordinance ( ) is requested for the reason that Use District on Zoning Map Form ZB1 (Continue on otb( PEALED (Indicate the Article Section, Sub- :~er. Do not quote the Ordinance.) ~ Map qew York Town Law Chap. 62 Cons. Laws been made with respect to this decision side) REASON FOR APPEAL Continued I STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ! / 2. The hardship created is UNIQUE and is not snared by ail aroperties alike in the ~mmediate vicinit, of this property and in this use district becouse 290 00~ ~.~5~ (43~: 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because t/~'~. 0,.3 o J, /c( /~ ~)¢_. ~ o~e STATE OF NEW YORK COUNTY OF ~<r~/~o/~p SS Signature Sworn to th~s ............ ..................... day of .......... .'.:7.:.~:~"'" ................................. OWNER FORMER OWNER STREET S PROPERTY VI LLAGE RECORD CARD LOT ACR. ~°-~ ! 1WPE OF BUILDIN~ FA RM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE BUILDING CONDITION AGE NEW NORMAL BELOW ABOVE FARM Acre Value Tillable 1 Value Per Acre Tillable 2 Tillable 3 Woodland SwampLand Brushlond Hous~ Plot Total FRONTAGE ON WATER FRONTAGE ON ROAD I~EPTH ____~_LK_HEAD JDOCK I!~7~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I,, N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS June 27, 1985 GERARD P. GOEHRINGER, CHAIRMAN $ · E · O · R , A , CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3368 PROJECT NAME: John and Lorraine Fabry This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency ~ich may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [X~ Unlisted [ ] DESCRIPTION OF ACTION: Permissis0n to construct a deck within of wet]ands 75' LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Deeph0]e Dr. Matt. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; ~ (2) Approval has been received from the N.Y. State Dept' of Environmental Conservation concerning this matter. 3. Construction as proposed proposed is landward os an existing ~OR FURTHS~R ~NFO~T~ON, 'PLE~E CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeal~z Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. Town of Southold Board of Appeals COUNTY OF E~UFFOLK Departn~nt of Plannin~ 360-5206 August 22, 1985 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determina- tion. A decision of local determination should not be construed as either an approval or a disapproval. Applicant (s) Municipal File Number(s) Mr. & Mrs. Socrates Spirakis Mr. & Mrs. John Fabry Southland Corp. 3364 3368 3374 Very truly yours Lee E. Koppelman Director of Planuing (,e~-~' C~ Newmanb~ __ ~~. ~.~ Chief Planner Southold Town Board Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, ArticleXI , Sectionl00_ll9.2 ~_ Variance from Determination of Southold Town Building Inspector ____ Special Exception, Article , Section ____ Special Permit Appeal No.: 3368 Applicant:Mr. and Mrs. John Fabry Location of Affected Land: Deephole Drive, Mattituck,NY County Tax Map Item No.: i000- 115-17-007 Within 500 feet of: __ Town or Village Boundary Line ___ Body of Water (Bay, Sound or Estuary) .... State or County Road, Parkway, Highway, Thruway __ Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area ___ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, ©r ___ Within One Mile of a Nuclear Power Plan~ ____Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct ~ck addition to dwelling with insufficeint setback form existing highwater mark Copies of Town file review. and related documents enclosed herewith for your S~cretary, Board of Appeals APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- BTATE RDAD 25 SOUTHOLD, L.h, N.Y. 11971 TELEPHONE (516) 765-1809 August 14, 1985 Mr. and Mrs. John Fabry 73-23 53rd Road Maspeth, NY 11378 Re: Appeal No. 3368 Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may b? applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda F. Copy of Decision to Secretary Building Department Town Trustees Suffolk County Planning Commission Kowalski BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 August 2, 1985 TELEPHONE (516) 765-1892 Mrs. Lorraine Fabry 73-23 53rd. Road Maspeth, New York 11378 Dear Mrs. Fabry: Please be advised that the Board of Trustees have reviewed your application in addition to personally visiting the site and have approved your application by resolution adopted on August 1, 1985. The Board has requested that the following measures be taken: Care shall be taken so as to preclude the the entry of any construction material into adjacent waters. Immediately following construction, all areas of exposed soil shall be properly protected with suitable erosion control devices and/or vegetated to prevent entry of eroded soil into nearby waters., Thank you for your cooperation in regard to this matter. Please note that there is a $5.00 inspection fee due, before your permit will be issued. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS:ip cc: Board of Appeals~/ Building Dept. Trustees File STATE DEPARTMENT OF ENVIRONMENTAL CONSEOION PERMIT PERMIT NO. 10-85-0652 UNDER THE ENVIRONMENTAL CONSERVATION LAW ARTICLE 15, (Protection of Water) ~ ARTICLE 25, (Tidal Wetlands) ARTICLE 24, (Freshwater Wetlands) ARTICLE 36, (Construction in Flood Hazard Areas) PERMIT ISSUED TO Lorraine Fabry ADDRESS OE PERMITTEE 73-23 53rd Road, Maspeth, NY 11378 J ()CATION OF PROJECT (Section of stream, tidal wetland, dam, building) Last side of Deep Hole Drive, Mattituck Construct a 23'.8" X 28' deck landward of the existing bulkhead as per supplied plans. ~ OMMUNITY NAME (Cily~ Town, Village) Mat Lituck GENERAL 1. The permiltee shall file in Ibe office of the appropriate Regional ~','rmit ^dminislrator, a notice of inlenlion 1o commence work at least 48 Im~rs in advance of the time of commencemenl and shall also nolify him l~.mplly in wriling of lhe completion of the work. 2. The permitted work shall be subject I0 inspeclion by an aulhorized h,p~esenlalive of lhe Deperlment of Environmental Conservalion who may qJd~,r ihe work suspended if Ihe public inlerest so requires. 3. AS a condition ot lhe issuance of this permit, the applicant has ac- ~ ~,pled expressly, ~y the execulion of the applicalion, the full legal respon- sibility for all damages, direct or indirect, of whatever nalure, and by whom- ~tver suffered, arising out of the project described herein and has agreed I0 .'~ts of every name and description resulting from the said project. 4. Any material dredged in the prosecution of the work herein permilted hall be removed evenly, without leaving large refuse piles, ridges across the b,d of Ihe waterway or flood plain or deep holes that may have a tendency to ~,,use injury to navigable channels or lo the banks of lhe waterway. 5. Any material to be deposited or dumped under this permit, either in H,*reun, within or behind a good and subslantial bulkhead or bulkheads, such ~1~, health, ~afety or welfare of Ihe people of the State, or loss or destrucDon ~ hereby wiDIoul expense 10 Ibe State; and if, upon the expiration or revocation ~t Ibis permit, the struclure, fill, excavation, or other modification of the *~dercourse hereby authorized shall nol be completed, the owners shall, my porlion of the uncompleled structure or (ill and restore to its former ~undiUon the navigable and flood capacity of the watercourse. No claim shall !m made against the Stale of New York on account of any such removal or CONDITION5 B. That the State of New York shall in no case be liable for any damage or injury 1o the structure o~ work herein authorized which may be caused by or resull from future operations undertaken by the State for the conservation or improvemem of navigation, or for other purposes, and no claim or right to compensalion shall accrue from any such damage. 9. That if the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals a~ may be pre- scribed by the United States Coast Guard shall be installed and maintained by and at the expense of the owner. fO. All work carried out under this permit shall be performed in accor- dance with established engineering practice and in a workmanlike manner. 11. If granted under Arlicles 24 or 25, the Deparlment reserves the right ~o reconsider this approval at any lime and after due nolice and hearing to continue, res~iod or modify this permit in such a manner as may be found to be just and equitable, if upon the expiration or revocation of this permit, the modificalion of the wetland hereby authoriaed has not been completed, the applicanl shall, without expense to the State, and lo such extent and in such time and manner as Ihe Department of Environmental Conservation may require, remove aH or any portion of the Lmcompleled struclure or fill and restore the site to its former condition. No claim shall-be made against the State of New York on account of any such removal or alteration. 12. This permil shah sol be construed as conveying Io the applicanl any right to trespass upon the lands or interfere with the riparian rights of others to perform the permiHed work or as authorizing the impairment of any righls, liHe or interest in real or personal propeHy held or vested in a person not a party to lbo permit. 13. The permiUee is responsible for obtaining any otber permits, ap- provals, lands, easements and rights-of-way which may be required for this project. '14. If granled under Article 36, this permit is granted solely on the basis of lbe requirements of Article 36 of the Environmental Conservation Law and Part 500 of 6 NYCRR (Const~uclion in Flood Plain Areas having Special Flood Hazards - Building Permits) and in no way signifies that the project will be free from flooding, 15. By acceptance of this permit the permittee agrees that the permit is contingent upon strict compliance with the special conditions on the reverse side. 9 S-)O-4 (9/75) (SEE REVERSE SIDE) SPECIAL CON~OITIONS ]6. The ~etaining wall is to follow the bulkhead configuration and not go seaward of the bulkhead at any point. SEE ATTACHED CONDITIONS A - J Alternate ~ J ADDRESS Charles %. Hamilton PERMIT ISSUE DATE Bldg. 40, SUNY--Room 219 Aug.st 7, 1985 Stony Brook, NY 11794 TOWN OFSOUTHOLD BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK WETLANDS PERMIT This Wetlands Permit No...,2,~..9. ........... has been granted by the Town Trustees according to information furnished in Application No. ,2..7..6. ............. filed by Applicant ..Lo.~r~.i~.e..~.ab~y ......... ........................................ on ...H..a~....;~., ............... 19,...8.~.... A map of the proposed work will be kept on file in the Trustee Office under the application number given. Permit granted to do the following work .~.o,....c,.q.~.,s..~.~.u..~.~...C~...~.~.'..~:L..~...2. J~.L..D.ec~..o~....t_he ...... ...................................................................................................... Location of property on which work to be done ..... ,3,.7..0..,0..,.D...e..e.l~..h..°...1.9.....D,~.~-.Y-e..,...~.a..t..[,J,~.g,~.~ ........ Creek, Bay or Harbor fronting property ....... ..D.9..e.~...~[,,°.,[.,,e,..,C,.~.9..k, ...................................................... Size~of work: Length 28 ~ .23' .8," Width ............................................................................................. , ............................. Height Above High Water ,...~.: .................................................................................. :... Depth Below Low Water ..... 7, r.~,7.,T,~.r,~.r.T.~.r ................................................................ Yards to be Excavated ...... .T.r.r.7. r.T..';r..-..':.~.~.:: ................................................................ Yards to be Filled .............. ~.v..'~.;..-..~r..-..~.v..~.~ ................................................................ Manner in which material is to be removed or deposited ..::.~.r,~.~.r..-..~.':.~.r,T.= ........................................ Intended use of property ..........~C,.%i~.e.[3.t.i~. ..................................................................................... Conditions if any ~.T~.~r~c~.ud~t~%e~n.tr.y~.~Qi~qy.~.~.Q~.~r.gg~£.~.D~r~k~£~%~ (over) Expiration Date .A...u..g..u...s..t.~.~.~.~.~.~.9..8..6.~i..f.~.w...~..r..k~.~.h...a..s.~..n..~...t.~c..~.~..m~....e..n..c...e.`d..~.b.k~.~: ................. Number oflnsoections Required 2- Trustees are to be notified upon completion of the work. ' .......................................................................................................... inspection Fees ...~..5..:..0..0. ....................................................................................................................... · Liability Policies in the Amount of ......................................................................................................... The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, tho holder of this permit shall not commence operations here- under until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Trustees upon receipt by the Trustees of written notice from such other governmental or municipal authorities of its refusal or disapproval. The applicant does by the acceptance of this permit, assume all responsibility for operations under- taken pursuant to this permit, and shall take ali precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, tho applicant also agrees to indemni- fy and save harmless the Town, and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of applicant, his agent and employees. The applicant and the owner and occupants of the premises upon which the operations authorized by ~is permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and its officers and employees to enter upon the premises where such operations are being conducted to make such inspections as the Town may deem necessary to insure that such operations are being con- ducted in conformity with this permit, This operation will not substantially: A. Adversely affect the wetlands of the town. B. Cause damage from erosion, turbidity or siltation. C. Cause saltwater intrusion into the fresh water resources of the town. D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege- tation or the natural habitat thereof. E. Increase the danger of flood and storm-tid, e damage. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town. G. Change the course of any channel or the natural movement or flow of any waters. H. Weaken or undermine the lateral support of other lands in the vicinity. I. Otherwise adversely affect the health, safety a,nd general welfare of the people of the town. Board of Southold Town Trustees Date..~.., ,~,~...,/,, ,~, ,.~,.,,~.,. ...................... exposed soil shall be properly protected with suitable erosion control devices and/or vegetated to prevent entry of eroded soil into the nearby waters. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 S.E.Q.R. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT TlqLEPI lONE (516) 765-1892 Dated: June 26, 1985 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6N¥CRR 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, which is unlisted will not have a significant effect on the environment. DESCRIPTION OF ACTION: located at 3700 Deephol~ve, Mattituck, New York The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been a response from the Southold Town Conservation Advisory Council indicating that this project would not have a significant effect to the environment. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation and the Southold Town Building department, it is assumed that there are no objections nor comments from those agencies. Further information can be obtained by contacting Henry P. Smith, President, Board of Town Trustees, Southold Town Hall, Main Road, Southold, New York 11971. Copies to: Charles Hamilton, D.E.C., Stony Brook Lorraine Fabry~-'~ Commissioner Henry G. Williams, D.E.C., Albany Southold Town Building Dept. $outhold Town Conservation Advisory Council Town Clerk's Bulletin Board~-- Trustees BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 S.E.Q.R. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT TELEPHONE (516) 765-1892 Dated: June 26, 1985 Pursuant to 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, which is unlisted will not have a significant effect on the environment. DESCRIPTION OF ACTION: Application o~~to construct a rear deck on property located at 3700'Deephole Drive, Mattituck, New York The project has been determined not to have a'significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been a response from the Southold Town Conservation Advisory Council indicating that this project would not have a significant effect to the environment. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation and the Southold Town Building department, it is assumed that there are no objections nor comments from those agencies. Further information can be obtained by contacting Henry P. Smith, President, Board of Town Trustees, Southold Town Hall, -Main Road, Southold, New York 11971. Copies to: Charles Hamilton, D.E.C., Stony Brook Lorraine Fabry~'' Commissioner Henry G. Williams, D.E.C., Albany Southotd Town Building Dept. Southold Town Conservation Advisory Council Town Clerk's Bulletin Boardc-- Trustees 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. DOUGEASS JOSEPH H. SAWlCKI June 12, 1985 Mr. and Mrs. John Fabry 73-23 53rd Road Maspeth, NY 11378 Re: Appeal No. 3368 Dear Mr. and Mrs. Fabry: In checking recently with the Town Trustees' Clerk concerning the status of your application with them regard- ing the proposed deck addition, we were advised that a decision probably would not be rendered for the next couple of weeks. When finalized, may we have a copy of their determina- tion? It is expected that we could hear your application during July if the Town Trustees render a determination by our advertising deadline, July 5th. Please let us know if you are not able to finalize your application with the Town Trustees by July 5th. Thank you for your assistance. Yours.very truly, GERARD P. GOEHRINGER BCy~iRMAN - inaa ~owalski APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAO 2'5 SOUTHOLD, L.I., N.Y. '11971 TELEPHONE (516) 765 1809 May 22, 1985 Mr. and Mrs. John 73-23 53rd Road Maspeth, NY 11378 Fabry Re: Appeal No. 3368 Dear Mr. and Mrs. Fabry: This letter will acknowledge receipt of your recent application. The Members of the Board of Appeals will be conducting field inspections, and environmental reviews as may be required by State and local laws prior to their scheduling your application for public hearing. Although the earliest available date for public hearing at this time is on or about mid-July , written confirmation will be sent to you within the next couple of weeks. A copy of the legal notice of hearing will be furnished prior' to our publishing same in the Suffolk Times and L.I. Traveler-Watchman. Please feel free to call if you have any questions. Yours very truly, GERARD P.?GOEHRINGER CHA1RMAN By Linda Kowalski Southold Town Board of Appeals MAIN ROAD-~TATE RnAD 25 5nUTHI3LD, L.I., N.Y. 1197] TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. JOSEPH H. SAWICKI 17 - 3~x,J~4'~ Street' W ~¢%~n e, NY 11357 May 13, 1985 Re: Appeal No: 3368 - Matter of John and Lorraine Fabry Dear Ms. Le Peter: This letter will acknowledge receipt of your recent applica- tion. The Members of the Board of Appeals will be conducting field inspections and environmental reviews as may be required by State and Local Laws prior to their scheduling your application for public hearing. Although the earliest available date for public hearing at this time is on or about late July , written confirmation will be sent to you within the next couple of weeks. A copy of the legal notice of hearing will be sent to you prior to publication in the Suffolk Times and L. I. Traveler-Watchman by our office. Please feel free to call if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Barbara Rudder ' ' .. DATE: 17' SUFF. CO. DEPT· OV HEALTiH SERVICES ' J FOR A?PROVAL CF CON~TRU'CTION O,NL¥ H, 5..~ ZF. NO; WORK SHEET No~c.£ NOTICE IS HEREBY GIV- EN, pursuant to S~ft~ii 267 of t~e TDwn l~w.~d tl~ of Iow~ubt~l~r~s~ ~ be held ~ t~e .~0 ~.~,N.Q L D at 7:~ p~m. ~ ~SDAY, JULY 18, 19~,~d ~ fo~ows: ~. p.m. SOSE~ A~NE LE~GI- to:l~~ g~ in a~a'. 1150 ~ D~ve, 7:35 p.m. S~T~ AND DA~ S~KISJ Vafi- ~to t~ ~ O~an~, A~le ~, S~on 1~-31, 9ul~ Schedule; a g~age ad~fion to dwe~g ~n~ ~, A~c]e ~ission to cons~ de~ inn ~ ~ell~g ~ent ~th~ highwater mark ~ p~m~s ~nt~ed ~ 37~ De,hole T~ Map P~l'~ 17-~7. - 7:~5 p~m~ROBERT~; KEN- N~- Va~tO the Zon~ ~inan~, A~c~:NI. ~on 1~-31, Bu~ ~edul~.[~ ~r- mission ~ ~ ~on to ~el~ ~ un ~suf- ~es iden~ )Ieee ~ve, ~st ~on, M~an M~o~ '~u~O~ ~ T~ Map'P~l Nm 1~- 38-02~24. O~CO., ~C.~ V~n~ ~e S~on l~-~ ~C)i2D th~ t~ te~ ab~e~nd. ~mis~ zon~ dust~ ~d i~n~ ~ ~75 Main Road, County Tax Map P~I No. 1~-122-~-12. 8:~ p.m. SO--LAND C~. (7-1D- Vnfian~ ~ ~e ~n~g ~d~, A~icle ~, Section 1~-119.1(a) for per,sion ~ns~ct fence bo~t limi~tions in n~a at prem~es iden~ed 5~ Mnin R~d, Sou~old, ~; Coun~ Tax Map P~I No. 1~-~2-03-37. ~-1 Busi- ness ~n~ D~t~). radio antenna towe£ in excess of height limitations for acces- sory structures at premises identified as 815 Old Shipyard Lane, Southold, NY; Founders Homes Subdivision Lots 104 and 105; County Tax Map Parcel No. 10(]0-64-05-19: 8:10 p~m. COMMUNITY CHIK~-~ ~AN I.'If. LLOWSI~P, INC.- Spe~cial Exception to the ~Z~ning Ordinance, ArtSci· IH, Section 100-30(B)[2] for per- n~sion to establish and locate church for worship in this "A-80" Residential and Agri-. culiurai Zonint District. Loca- ~ ~of Premises: 11565 C.R. 48 (n/k/a~l1565 Wickham Av- enue), Mattituck, NY; County Tax Map Parcel No. 1000-108- 01-003. The Board of Appeals will hear at said time and place aH persons desiring to be board in 'each of the above matters. Written comments may also be submitted prior to the conclu- sion of the heating in question~ (tel. 765-1809 or 1802). Dated: June 27, 1985. BY ORDER OF TIIE SOUTHOLD TOWN COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... .~. .... weeks successively, commencing on the day 19. Sworn to before me this ........... Al. f .... day of ....... ' .......... Notary Public BARBARA FORBES Notary Public, State of New York No. 4~ Qualified in Suffolk County Commission Expires March 3~L 19 Legal Notices LEGAL NOTICE NOTICE IS HEREBy GI~I~, punmant to ~ion 267 of' the Town Law and the Code of the Town of Southuld, the following public bo/rings w/Il bo held by BOARD OF APPEALS at the .Southold, NY at a Regular Meet. m~ c~m~ncln~ at 7:30 l~m. on THURSD. A¥, JULY 18, and as follow~ 7:30 p.m. JO~EP~ AND Alt* I.~.~E LESTINGI - Hear~ to bo reconvened. Permi~on to lo- cato garage in ~ront~trd area. 1150 Sound Drive, Greenport. ?:~ p.m. SOCRATES AND DAPHNE 8PmAKI8 - Vari- Bz~e to the ~x~ninff Ordinance, Article IH, Section~00~l, Bulk Schedule, For approval or a gar- ag~ addition to dwelling con- structod with an instt~clent set* back ~om the northerly cldeyard ~00 Teepee 1~ail, at Tun. nakoma Waters," ~outbold, NY; County Tax Map Parcel No. 1000-82-02-23. ~ ?:40 p.m. JOH]~ AND LO[t* ~ RAINE FABRY - Variance to - , Soction 100-IiS.2t%~pern~. sion to construct deck addition to dwelling with an insu~clent set- mark st premi~ identified as 3700 Deephole Drive, Mattituck, ~N~?~NY; County Tax Map Parcel No. 000-1l 5-17-007. 45 p.m. ItOBERT N. KEN- - Variance to the Zoning Or~i~ee, Article ~X, Section 100~1, Bulk Schedule, For per- mi~aion to co,strict deck addi- tion to dwelling with an insuffi. clent rearyard setback at prem- i~ identified as 2320 Gillette Drive, East Marion, NY; Marion M~mor Subdivision, Filed Map 20~8, Lot 11; County Tax Map Parcel No. ?:55 p.m. 8.L. BERGEN OIL CO., I~C. - Var~anee to the Zon- in~ Ordinance, A~icle Vl, SO~ tion 100-60 (100-80(C)[2]) For permi~on to erect detached ~round sign, the lower adze of which is ~ to bo lees tl~n Four Feet above ground. Premises zoned "C-Light, Industrial and identified as 9~78 Main Mattituck, NY; County Tax Map Parcel No. 8:00 p.m. CORP. (7-11) - Variance to the Zoning Ordinance, Article XI, Section 100-1lS. l(a) For peals- sion to construct Fence in excess OF height limitations in frontyard a~ea at premme~ identified as 56480 Main Road, Sonthold, NY; County Tax Map Parcel No. 1000-6~03-37. (B*I Business 8.~5 p.m~ JOHN F. MAltT]~ - Va~i~n~ to the Zoning Ordi- nanee, Article I~, Section for permi~n to erect radio an- tonna tower in excess of height limitations For a~msory st~uc- ture~ at premises identified as 818 Old Shipyard Lane, South- old, NY; Founders I~mes Sub- division Lots 104 ~d County Tax Map Parcel No. 1000-64-0~19. 8:10 p.m. COMMUniTY I~C. - Special Exception to tho ZOi~i~ Or~itl~nc~, Article I~, Smction 100-30(B)[2] For permis- sion to establish and locate church ~or worship in this "A-80 P~midont~d and As~lturni Zoning District. Location of Premis~: 1~56~ C.R. 48 (a/k/a 11565 Wi~h*rn Avenue), Mat- t~tuck, NY; County Tax Map Par- col No. The Board OF Al~eals will hear at said time and place all persons deeirin~ to bo bel~d in each of tho above mattet~. Written com- mont8 may also bo submitted prior to the conclusion of the ~ in question. (Tel. 765- 1809 or 1802). Dated: June 27, 1985. BY ORDER OF G~RARD P. 1TJyl 1~.958 STATE OF NEW YORK ) ! SS: COUNTY OF SUFFOLK ) ANNA LEKKA$ of Greenport, in 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 · printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 11 dayof July 19 85 Principal Clerk Sworn to before me this 11 ANN ~ AB^IE APPEALS BOARD MEMBERS GEHARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTI-IOLE>. LoI.. N,Y. 11971 TELEPHONE (516) 765 1809 TO WHOM IT MAY CONCERN: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and Suffolk Weekly Times, Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowalski, at 765-1809 (or if no answer, 765-1802), or Barbara Rudder. Yours very truly, GERARD P. GOEHRINGER C HA I RMAN lk Enclosure JUDITH T. 'FERRY TOWN (~ L[. I~:K OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 May 6~ 1985 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3368 application of John & Lorraine Fabry for a variance. Also included is notification to adjacent property ownersl Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and surveys. Judith T. Terry Southold Town Clerk RECEIVED MAY 0 6 1985 'row, oF SOUT, O.D. ,Ew YORK ARI~E~,I["~-I~f~'~I~I~CISION OF BUILDING INSPECTOR DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ......................................... ~' 'c~ '~' '; 5,~pp~n~ ~'~ ........... of...Z .~....~ .~..~~.Stree, and ........ ~"~"":' '"~"Number~ .................. ............................. ./....¢...-Z4 ....................................... ^PP L TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ........ /..,./.a.~ .............................. WHEREBY THE BUILDING INSPECTOR DENIED TO ................,~o~e o. ~ ~a~, ~o~ ~m- ;;;'"~'":7";':~7i:': 'z :'';-'':':':':':'~ ................ of ...... ~;;.~)~.~.~; r~ ,d ~n,c,pal~~.Stat~ ~Z~ ~ ( ) ~R~J~ To USE ( ) ~E~M~T FO~ OCCU~*NCY ,~ ~--~' ~~ 1. LOCATION OF THE PROPERTY 37~0 -........~ff~/~ b~ ~,'~ff~ .... ~.;~i~ ................................... Use District on Zonina Map ..... ................. ........ A .f 7 Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote theOrdinance.) 3 TYPE OF APPEAL Appeal is made herewith for ("~ 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 (i-~) (_ha:i nog been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form V, Bl (Continue on other side) REASON FOR APPEAL Continued sory HARDSHIP because ~Oronq- o ~ 7~ STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2, The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because P)~ O~1~_ ~_.J.~ c~3P~ ~i,- vOro,,~ I~o~s q~ ~ cio. ~'~ ooo,~ /d CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ss COUNTY OF,~FFtzK ) Sworn to this ............... '-~.~...~ ................... :. day Of ........~/.~.~ ..................................... 19 ........... ...... ................... Notary Public BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o~ the Petition of to the Board of Appeals of the Town of Southold NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~ (Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the /~ ~L ~r Fca ~£~ property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ~7~ ~ ~ /~ ~- 3. That the proper~y which is the suDject of such Petition is located in the following zoning district: d -+ i q / 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to th~ r. elief sought by the under- signedare .z~'ticle '~ Sec~on /0~-//~ ~ ~ CC/e~7L/~q~ /clc(~ ~/~7 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 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. 3 F4r/ Petitioner Owners'Names: 7x3- 25 ~r~/./~/ Post Office Address /~47~e.~ ~-~ .//~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAMJ~ ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: r,'~7..,~.~/~.;"~'/-~ /'~ ~. ~ , 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- verse side hereof,~rected to each of the above-named persons at the addresses set opposite their respective name; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current assessment roll of the Town of 5omhold; tha~ said Notices were mailed at the United States Post Of- rice at ~/uc ~; ~ ~ . ~ ~ ; that said Nolices were mailed to each of said persons by (certified) ( e~stere~ rrT~il; ! Sworn to before me this ~ day of ~l,t c:,-~. , Notary Public HEL£N K DE VOE NOT/tRy PU£JLIC. Slate ol New York 4707872. Suffolk CL]L!nlV Te!irl £~ I,res Marc 30 19~7 (This side does not have to be completed on form transmitted to adjoining property owners.) The ;:.Y.S. [:lv~ronlllen[al Quality i'((:vi,:','t /,eL ruqulr~!s Sub- mission of this rm, and an environmental ~view will be made by this b before any action is takLa~. SHORT ENVIIIO,'~,,',ENT~LL A$SFSS~ENT FOPJ4 ~NS~TZCNS~ (a} In order to amswer the questions in this short EAF ie is aseum, ed that the preparer will use currently ·vail·bls lnfor=ation concerning the project ·nd the likely i~acts of the action, Or ·%her ~nvestigations w~i b~ ~derta~en, (b) If any qued%ion ha~ been anew·red Yes the project ~y be si~iftcan: an~ a (c) If all questions have been significant. (d) Envircr~ental Assessment 1, Wi/1 project result in a large physical cb~n~s to the project site or physically alter more than 10 acres of land? · 2. Will there be a major change to any unique or unusual land fox~ found on the site? , , Will project alter or have · large effect on an existing body of water? · , · , , , , Will project have a potentially large impact on groundwater quality? , , , , , , . , , Will project significantly effect drainage fl~w 6. Will project affect any threatened or endangered plant or animal species? , . , , , , , , 7. Will project result in a major adverse effect on air quality? · , · , , , · · · Will project have · mmJor effect on visual char- acter of the co~munit7 or scenic views or vistas Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as · critical environmental area by a local agency? . · · 10. Will project have a major effect on existing or future recreational opportunities? · · · 11. Will project result in major traffic problems or cause a major effect to existing transportation 12, Will project regularly cause objectionable odor~, noise, glare, vibration, or electrical disturb- ance an a result of the project's operation? , 13, Will project have any impact on public health or safety? , , , , , . , , · · , , Will project Affect the existing community by directly cau$in~ a ~rowth in permanent popu/a- t!on of more than 5 percent over a one-year period c__r have a major negative effect on the character of tn· Com.~unity cr neAgnborhooo?, , Yes /No Yes /No Yes /No Yes w/~o · Yes /No Yes /No Yes l~No Yes. 15. Is there publ~ con~.roversy co~cern'-ng the project? . . Yes _ / / (Today, s D&~e) To: Re: Southold Town Board of Appeals ~lain Road Southold, NY 11971 Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property id the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetiands; ho~ever, constructed alon~ the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May b~ 'located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. -[ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing 'on the premi?es._ T~ ,i'~ ~ ~0' ~ ~9 Zs not located w±thi~ 300 feet of ti~A1 ~etlands to the best of my knowZedge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (Signatur~ please~ NOTE: If proposed project falls witgkin D.E.C. jurisdiction, approval must be received an~ submitted to our office before your application can be scheduled for a public hearing. FORM NO, 4 TOWN OF SOUTtlOLD BUILI)ING DEPARTMENT Town Clerk's Office Southohl, N. Y. Cerli~icale O~ Occupancy THIS CERTIFIES that the building located at 3 700. ~.~?...I]p~.ff....~.T~ Street Map No ............. Block No ........... Lot No ............................... conforms substantially to the Application for Building Permit heretofore filed in this office a~tea ............. ~'~?.. ~, 19~. pursuant to which Building Permit ~1o. ..................... /, ~9 ...,~ ~as issued, and con,arms ~a aE o~ dated merits of ~e applicable provisions of the law. The occupancy for which this certificate is ~.~a i~ ...b.. ~.~ ~ ~ ~ ~ .... o~ ~ .... ~a.~.~ kx .... ~q.~. ~ ................... The certificate is issued to'. ...... ~.O~ ....... [~ ~.~. ~ ............................ (owner, of the aforesaid building. Suffolk County Department of Health Approval d ~W r' t , ~ ~ ~ ~ 7- u mvmr as 7. ........................ HOUSE NUMBER .... '~7 ~0.. Street ...b~.ff~ ..... ~.~ ....~.~.* ........ S~CO~ FLO0~ ~TA B~e' Building Inspector NEW.~YQR~K STATE DEPARTI~NT OF ENVIRON?.~NT~ CONSERVATION Environmental Analy~s_~U~it Building ~, SUNY Stony Bro~, NY 11794 (516) 751-7900 Commissioner Robert F. Flacke A COPY OF THIS AUTHORIZATION SHOULD BE POSTED ON PROJECT SITE ,John T. Fab~y 73-23 53rd Road Maspeth, New York 11378 Tt~L #15275-0109"B" TIDAL WETLANDS NOTIFICATION LETTER APPROVAL Dear Sir: This is to inform you that we have reviewed the notification letter (or permit application) filed on 3/9 19 79 and have determined that it will not be necessary to file a permit application (or secure a tidal wetlands permit) to construct an upland retaining wall 50 ~ 1.f. in length with returns on both sides and backfill with material to be trucked in. Assuming you have obtained all other necessary permits, you may proceed with your project adhering to the special conditions (if any) found on this letter. Structure is to be landward of marsh fringe which is not to be disturbed by con- struction. Regional ~rmit Administrator 4/6/79 Date Issued 6/30/80 Expiration Date cc: U.S. Army Corps - Engineers NYSDEC Law Enforcement - Region I ~