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HomeMy WebLinkAbout3242 Southold Town Board of Appeals MAIN ROAD- STATE RriAD 25 =~OUTHOLD. L.I.. N.Y. 1]cJ?l TELEPHONE ~516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3242 Application Dated April 11~ 1984 (Public TO: Abiga'il.A. W~:ckham'~--'E~q% as Attorney for MR.' HENRY'.DOMALESK] Wickham,.:Wi'Q_~h~m'~_Bressler, Main Road, Box 1424 Mattituck, NY' 11952 [ ] IX] Hearings 9/13/84, 10/11/84) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on November29, l'984 the above appeal was considered, and the action indicated below was taken on your [×] Request for Variance Due to Lack of Access to Property hew York Town Law, Section 280-a Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article III, Section ]00-3] Upon appl~ication of-HENRY DOMALESKI Oregon Road, Cutchogue, NY (by A. Wickham, Esql) for~a) to the Zoning Ordinance, Article III,- ~ection 10~ ~31~ {~r approval~ of insuffici'ent width of t'wo proposed parcels i6~this~division of land, and '(b) N6w York Town Law, Section 280-A for approval of access. Location of Property: Private Right-of-Way off the North Side of Oregon Road, Cut~ho.gue, NY;..County Tax Map Parcel N6~.'.~OOO~O95AQ1A~art Of Oll.. ' .... The board made the following findings and determination: By this application, appellant seeks: (1) approval of access over a 25' private right-of-way located approximately 570 feet west of "Duck Pond Road," and extending northerly 3,080.97 feet to the premises in question, and [2) relief from the 175-foot lot width requirements of the zoning code for approval of 145.75-foot lot width of two parcels in this proposed division of land. The right-of-way in question is shown on survey prepared February 28, 1984 bY Young & Young to be along the easterly side of a 25.7± acre parcel also of the applicant, Henry Domaleski. This right-of-way has a traveled width of approximatell nine feet and is on original ground.with no evidence of other materials. There are deep ruts throughout and some parallel sections along the westerly side are lower than the ruts. No drainage problems are anticipated if this road is brought up to standards since Lot No. 2 appears to slope from north to south at a flat minus grade. Adjacent land for most of the length along the eaEterly side is higher than th9 opposite side. Proposed Lot No. 1 will contain an area of 2.05 acres and No. 2 an area of 1.949 acres. To the east of these parcels is "Birch Hills" Subdivision of July 19, 1967, which consists of lots substantially smaller in area and having lot widths of 100 feet. To the west of the subject parcels is a 25± acre farm. It is the opinion of the board that the relief as requested is not unreasonable under the circumstances. In considering this appeal, the board finds: (a) that by (CONTINUED ON PAGE TWO) DATED: Form ZB4 December ]0, (rev. 12/81) 1984. CHAIRMAN, SOUTHOLD TOWN ZONING OF APPEALS BOARD Page 2 - Appeal No.'3242 Matter of HENRY DOMALESKI Decision Rendered November 29, 1984 allowing the variance, no detriment will be created affecting adjoining properties; (b) that no adverse effects will be produced on available governmental facilities of any increased population; (c) that the variance will be in harmony with and promote the general purposes of zoning; (d) the circum- stances of this appeal are unique; (e) that the interests of justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawick~, it was RESOLVED, that the relief requested under Appeal No. 3242 concerning premises located at the northerly end of private right-of-way, north side of Oregon Road, Cutchogue, for insuffi- cient lot width of 145.75 feet for Parcels 1 and 2, and for approval of access, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING'CONDITIONS: 1. The right-of-way be improved for a width of 12 feet cen;ered within the right-of-way as follows: (a) Add 12" of 2~% stone, 10% loam, and 70% sand mixture for the 12-foot width and fill low areas along west side; (b) Place a compacted 2" crowned top course of 3/4" stone blend o~ the bank run; (c) Grade evenly; no hollows; 2. Right-of-way shall ;e continuously maintained in good condition. 3. Any other new subdivisions, set-offs or construction other premises along this right-of-way shall also be subject to New York Town Law, Section 280~A on 4. An inspection and acceptance by the Zoning Board of Appeals of these improvements, after written notice. Location of Property: R-O-W at the North Side of Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1009~95-01-11 and 12. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk ,~£RARD P. GOE RI~GER,/CHAIRMAN-- December lO, 1984 RECEIVED AND BY THE SOUTHOLD TO~%[i~ ~IA~N ROAD ' S.R. ?.5 5ouTHOLD, N'Y'"'t 197-~ NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the ?rovisions of the Amended Code of the Town of Southold, a Regular M~et n~ ~nd the following matters wtl be~h~ld for public hear~ng~i~he So~thold~ToWn ~rd o~ Appeals on THURSDAY, OCTOBER ll, 1984, comme~ci~'~%~7:30 o~'clock p.m. at the Sou%ho~d Town Halt, Main Road, S~u~th~ld, N¥:~nd as follows: 7:30 p.m. Application for J. SCHELLENBACH AND A. ROJAS, 1225 Ninth Stn:eet, Gr~enpo,rt, NY for a Variance to the Zoning Ordinance, Article III, Sectio~ 100-31, Bulk Schedule, for permission to construc~ deck addition With ~nsufficient side and rear yard setbacks and exceed- ing the 20%'lot'.coverage requirement. Location of Property: 1225 Ninth Street, Greenport, NY; County Tax Map P~rcel No. 1000-048-03-028; Greenpor~ Driving Park Subdivision Lot 4. 7:35 p.m, Application of JAMES F. AND ELLEN M. PRESTON, Box 1422, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sec- tion lO0~31 for approval of the insufficient area and width of this parce~ in: this proposed set-off of land~ocated along Hyatt Road, Southold~ NY; County Tax Map 'Parcel-No. 1000~50-0.1-18.3 (part of 18.00). 7:40 p.m. For variances: (a) to Article III, section 100-31 for approval -(b) to New York off the North side of Oregon Road, Cutchogue; lO00-095-Ol-part of ll. / ~7:45 p.m. Application of PATRICIA AND REINER LOLLOT~for variance to Article XI, Section lO0-11.9.](A)'for permission to e~ect fence exceeding maximum four-foot height requirement at 1120 Ryder Farm Lane, Orient; 1D00-015-05-024.11. (recessed from 9-13-84). Application for HENRY DOMALESKI (recessed from 9-13-84) of wi dthL Town Law, Section 280-A for approval of access. R-O-W 7:50 p.m. Application of RENATE RIEDEL, 161 Brook Road, West- hampton Beach, NY 11978 for a Variance to the Zoning Ordinance, Article III, Section 100-31, for approval of an insufficient frontyard setback of a one-family dwelling structure to be located at 675 Meadow Lane, Mattituck Estates Lo-t 42, Mattituck, NY; 1000-115-05-007. 8:05 p.m. Application of EDWARD L. HERRMANN, 1000 Marlene Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section I00-31, for permission to cons~ruc~ addition with reduction ~f sideyard setback to less than the required 10 feet. Location of Property: 1000 Marlene Drive, Mattituck, NY; 1000-114-2-40. Page 2 Regular Meeting October ll, Legal Notices of Hearings --~ Southold T~wn Board of Appeals 1984 8:15 ~.m. Application for DR. BALA HARI PILLAI, by Gary F. Olsen, Esq., Box 706, Cutchogue, NY 1t935 for a V~ri~nce to-the Zoning Ordinance, Article III, Section 100-30(C) for permission to establish sleeping quarters in a nonconforming accessory building. Location of Property: 8280 Great Peconic Bay Boulevard, Laurel, NY; 1000-126-11-019. Persons desiring to be heard should do so, either in writing or in person, before or during the public hearing. For additional information, please contact our office at 765-1809 ~or 1802). Dated: October l, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRtNGER, CHAIRMAN ................................................................. X Notice to N'ewspapers: Please publish THURSDAY, OCTOBER 4, 1984 and forward 7 affidavits of publication on or before October 9, 1984 to: Board o~Appeals, Main Road, Southold, NY 11971. Thank Zou. following about 10/1/84: Ninth 'Copies forwarded to the S~ffol~ Times, Inc. L.I. Traveler-Watchman, Inc. Ms. Barbara Ulrich, Box 353, East Marion, NY 11939 for SCHELLENBACH & ROJAS Schellenbach and Rojas, Mrs. Renate Riedel"~-161 Brook Road, Westhampton Beach, NY 11978 Mr.. Edward L. Herrmann Street, Greenport 119~4 ._ 1422, S~thold, 'NY l19Zl:~ . DOMALESKI ~nd RENAME RIEDEL Gary F. Olsen, Esq., Main Road, Cutchogue, NY 11935 for DR. PtLLAI zBA i"ndividual files ZBA members Town Clerk Bulletin Board Building Inspector Lessard Mr. and Mrs. James F. Preston, Box Abigail A. Wickham, Es'~. fo~ HENRY Mr. and Mrs. R. Lollot ?OWN HALL NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following matters will be held for public hearings by the Southold Town Board of Appeals on THURSDAY, SEPTEM- BER 13;'1'984, commencing at 7:30 p.m.', at the Southold Town Hall, Main Road, Southold, NY and as follows: 7:30 p.m. Application for HENRY P. SMITH for approval of two parcels with insufficient area and width in this B-1 Business Zoning Distric%, Artic]e'III, Section 100-31 of the Zoning Ordinance. Property Location: West Side of Peconic Lane, Peconic, NY; 1000- 74-5-2 and 3 (9.2). 7:35 p.m. Application of ROGER MUNZ, Box 567, Laurel, NY (by Cardinale & Cardinale, Esqs.) for a Variance for relief from Condition No. 7 of the May 27, 1983 decisions rendered'~in Applica- tions No. 3100 and 3101. Property Location: 13175 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-140-03-038 (O~e~st J. and C. Moisa). 7:45 p.m. Application of J.P. HUBERMAN, 2 Linda Lane, Setauket, NY (by I. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-30(C) for permission to establish home occupancy, to wit: physician office, within a one-family residential building exceeding 30% of the maximum-permitted firs~ floor area, at 41505 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-059-03-023. 7:55 p.m. Application of FRED H. AND GEORGIA LAMBROU, One Canaan Close, Ne~ Canaan, CT 06840 for a Variance Lo the Zoning Ordinance, Article III, Section 100:32 for permission to locate accessory gara§e- storage building in the frontyard area at 1365 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-022-02-01. 8:00 p.m. Application of PATRICIA AND REINER LOLLOT, 2345 Plum Island Lane, Orient, NY for a Variance to the Zoning Ord.inance, Article XI, Sectiom lO0-119-1(A) for permission to erect ~ence exceedin9 the maximum foUr-foot height requirement along frontyard area of this vacant parcel, ll20 Ryder Farm Lane and Uhl Lane, Orient; Orient-By- The-Sea Filed Map 6160, Lot 157; County Tax Map Parcel No. 1000- 015-05-024.11. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 13, 1984 8:05 p~m. Application of CONSTANCE KLAPPER, Box 291, Cutch~gue, NY (by Es~eks,,Hefter, Cuddy & Angel) for. a-Variance to the Zoning Ordinance, Article III, Section 100-3t, for approval of insufficient area of lot in thi, s proposed two-lot division (nedivision) of land and for approval of insufficient 'ivable floor area of existing principal building. Location of Property: 3300 Di§nans (private) Road, Cutchogue, NY~ County Tax Map Parcel No. 1000-83-02-0C5. 8:10 p.m. Application for HENRY DOMALESKI, Oregon Road, Cutchogue, . NY (by A. Wickham, Esq.) for Variances: (a) to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient width of two proposed parcels in this division of land, and (b) to New York Town Law, Section 280-A for approval of access. Location of Property: Private Right-of-Way off the North Side of Oregon Road, Cutchogue, NY;ii County Tax Map Parcel. No. lO00-095~Ol-part of ell. 8:15 p.m. Application of THOMAS AND JACqUELINE OCCHIOGROSSO, 77 Vanderbilt Boulevard, Oakdale, NY (by ScheinDerg, DePetris & Pruzansky) for a Variance to the Zoning Ordinance, Article III, Section lO0-31 for approval of the construction of a new one-family dwelling with a~ insufficient frontyard setback of 12½ feet (reduction of that granted under Appeal No. 3031 1'/27/83). Location of Property: 1580 Corey Creek Lane, Southold, NY; Corey Creek Estates Filed Map #4923, Lot 28; County Tax Map Parcel No. 1000-78-04-019. 8:25 p.m. Application of ROBERT ENTENMANN, 65 Meadow Farm Road, East Islip, NY (by A. Wickham, Esq.) for a Variance to the Zoning Ordinance, Article III, Section i00-31, Bulk Schedule, for approval of insufficient area and width of parcel to be set-off in this proposed three-lot subdivision of land located at the north side of Sound Avenue, Mattituck, NY; County Tax.Map Parcel No. 1000-112-1-7. Persons desiring to be heard may do so in person, in writing, by representative. For addition information, please contact our office. or Dated: August 14, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Notice to Newspapers: Please publish THURSDAY, AUGUST 23, 1984, and forwarU nine affidavits of publication on or before August 31 to: Board of Appeals, Main Road, Southold, NY 11971. Thank you. TOWN OF souTHoLD BUILDING DEPARTMENT TOSqN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ......................... 19 File No. To ~t~ ~.. t~ ~_ ~..~...~.-.~.. ~ ........ 5q.~.~.a.,,.~.~k.~..~...u.~.~ PLEASE TAKE NOTICE ~at your app~cation d.t~d ....~. .-~,.~ ~ ~ ~.~ for pe~l~netmCt.. .~.. ~ ~ . r : ............................... at Location of Property ............................................................... House No, Street Ham/et Cou,~ty T~,, Map No. ~ 000 Se~tio,~ ... ~ ~ ~.'7 ..... meek ..... ~.~. ...... ~t .~.o.. !! ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on ttte ~ollowing r, rounds .~.'c~ .2iZ. ~. ~ J..~..-. ~./. ......... Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ....,?/.l,.~.L.~...~.. ....... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. .......................... of ..... ............................................ ...... Name of.Appellant- Street, and Number Cutcho~ue, ' New York HEREBY ......................................................................................................................... APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 3/10/84 FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO Name ~6f Applicant for permit of Oregon Road. Outcho~ue, New York Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PERMIT TO ~ Di~E ~ ~' :~ - ~Eht of Wa~ off ,, ,, . .5~re~ and ~e% 1.0.0~.~O.~5$.01~p...o..il .......... O~ER (S) - ~Y ~SKI Mop No. hot No. acquired DATE HN~W~: .1971 ................ 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 III , Section 100-31 and Town Law ~280A. 3. TYPE OF APPEAL'Appeal is made herewith for (X) A VARIANCE to the'Zoning Ordinance or Zoning Map - (X) -A VARIANCE due-to lack.of access,(Stote Of.New.York Town Law Chap:~ 62 Cons. J-aws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A ~revious appeal~/,N~(has noO 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 FOP~rAPPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) ~lSOrequested for the reason that ~ would like to divide the property :J~to two ts, each in excess of 80,000 square feet but containing insufficient width of 145.75 each, and access via a 25 foot right of way from Oregon Road requiring 280A approval. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because applicant~s parcel contains more than the required square footage for two lots, but the long, narrow configur.atton of the farm makes division into two waterfront lots with.sufficient width ~raetical. .': It could be accomplished by slanting the lot 1ines, but =hat would make for oddly shaped lots. From a financial pwatO~nt of view, app!:~cant prefers to make maximum usage of~ the erfront bY creating ~wo lots as shown on the survey. 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 t:t~ width of the lots is limited by the Width of the-farm, which is narrower than the two farms_ om. either side of the property. 3 The Variance would observe the-spirit of the Ordinance and WOULD NOT CHANGE THE CHARACT£R OF-['HE DISTRICT because the lots are corisiderably larger than those in the subdivision to the East. ._COUNTY ' ss .................. Sworn to this ...6..t..h. .................................... do~-~f ........... ~....A.~.~..1. .............. i:...'i.ii...., f98/~ ' '' OWNER:' FORMER OWNER RES. /~ SEAS. LAND STREET N~,..~ S VILLAGE SUB, LOT ACR. L ?~ _ TYPE OF BglLDING VL. COMM, CB. MICS. Mkt. Value IMP. TOTAL REMARKS FRONTAGE ON WATER FRONTAGE ON ROAD Tillable WoodJand DEPTH BULKHEAD T House Plot /, 6~,,b ¢ OWNER STREET FORMER OWNER RES. SEAS, LAND IMP. VL. :ARM ] COMM. 1ND. CB. ~:! [, MISC. TOTAL DATE REMARKS NEW NORMAL · Farm Acre 'f'illoble TiUabl'e 2 ' ~' BUJJ.DIN, G CONDITION /'/22 Value Per Acre Value Tillable 3 Woodland Swa~ppland Brushland Hous~ Plot Total Extension j Extension Foundation Ext. Fire Place Porch Porch Patio Driveway Floors Interior Finish Hec¢ Attic Rooms lsi Floo~ F Rooms 2nd Ioo~ LONG ISLAND SOUND _LOCATION MAP SCALE~ I" = 600 ~ !GON ROAO ! ~JO_N ~AN' pRE~PAREO FOR rOMALESKI NO. ) o ~ 145.7~' 8.55Ol7'00",W. / PROPOSED 25'~ RIGHT OF WAY now or formerly Henry Domoleski o '1- N. 57o$$'40"~ 464,26' N. 57°52'10"~ 1876.25' GLEN N. 42°29' 20"~ ~X [',1.57 22 40 W. - 479.75 ' ~ ROAD TYPICAL SEWAGE DISPOSAL SYST£11 TYPICAL WELL DETAIL COURT ---- NOTE: h TOTAL AREA= 4.0002 ACRES 2. SUFFOLK COUNTY TAX MAP~ DIST ~ooo SECT oga BL m LOT PlO i) LANE Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS August 14, 1984 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S .E. Q · R.A. SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONNENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3242 PROJECT NA~IE: HENRY DOMALESKI 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 To%rn 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 f6r any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for 10t width. LOCATION OF PROJECT: Town of Southold, County of Suffolk, particularly known as: R.0.W. Oregon Rd., Cutch0gue, NY; County Tax Map No. 1000-95-1-11,12. more REASON(S) SUPPORTING THIS DETEP~4INATION: (1) An Environmental Assessment i~ 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; · ~) Approval has been obtained from the N.Y.S~ DEC and/or Health Dept. ( The relief requested is a setback or lot line variance, which does not require further processing under "Type II" Actions of the State Environmental quality Review Act. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals~ Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. Southold Town Board ppeals -17- Septemb~l~ 13, 1984 Regular Meetinc (Appeal No. 3267 - CONSTANCE KLAPPER, continued:) MR. CHAIRMAN: Hearing no further questions, I'll make a motion closing the hearing pending receipt of a sworn affidavit concSrning this structure or cottage. ~!J MEMBER SAWICKI: Second On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED to close the hearing pending receipt of an affidavit con- cerning the use of the "studio-cottage" structure. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Doyen. This resolution was adopted by all the members. Doyen, Grigonis, unanimous vote of At 8:35 p.m., motion was made by Mr. Goehringer, seconded by Mr. Sawicki, and duly carried, to recess for five minutes. At 8:43 p.m., motion was made by Mr. Sawicki, seconded by Mr. Goehringer, to reconvene the Regular Meeting. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Doyen. This resolution was adopted by unanimous vote of all the members. ~PUBLIC HEARING: Appeal No. 3242. In the Matter of HENRY DOMALESKI for Variances: (a) to New York Town [aw, Section 280-~ ~or approval of access, and (b) to Article III, Section 100-31 for approval of width. R-O-W off N/S Oregon Road, Cutchogue; lO00-095- Ol-part of 11. The Chairman opened the hearing at 8:44 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: I have a copy of a survey prepared by Young and Young dated February 28, 1984 indicating a right-of-way of some great length, and Lot #1 containing 1.949 acres and Lot #2 of 2.051 acres, and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Miss Wickham, would you like to be heard in behalf of this application? ABIGAIL WICKHAM, ESQ.: Thank you. I don't have too much to say other than the fact that this farm is only 300 feet wide and that creates a hardship. You just can't get two 175 foot lots without doing a lot line. It seems unfair to require just one waterfront lot of 300 feet in width when 160 feet really is more than adequate to construct a residence, and we have gone south far enough to create the Southold Town Board ~peals -18- September 1984 Regular Meeting (Appeal No. 3242 - HENRY DOMALESKI, continued:) A. WICKHAM (continued): required two-acre zoning lot. With regard to the access, I'd just like to note that there is a proposed 25-foot right-of-way all the way u.p from Oregon Road. Glen Court, which is in the Birch Hill Subdi%ision to the east is a private road and consent has not been 9btained from the owners in that subdivision to use that road, so that's why were providing for a private 25-foot road. MR. CHAIRMAN: Ok. While you're up there, let me tell you what has transpired. We, as you know, always send out the Town Engineer on these private roads. We have not done that in this particular case because of vacations and so on and so forth at this particular time, but we will contact Mr. Davis in the very near future. I would like to recess this hearing until such time that we get his report because it may not be forthcoming by the time we have to make a decision and I would like to recess this~until possibly the next regularly scheduled meeting, and then reopen it at that particular time. Of course, I'll take any testi- mony tonight if anybody would like to add to this application. However, as you know we don't deal with this until we deal with the engineer's report--I say we don't deal with that, we don't deal with the nature of the condition of the right-of-way until such time that we have the engineer's report which we don't have at this time. So, do you have any objection to that. MISS WICKHAM: If that could go on the next meeting, that would be acceptable. MR. CHAIRMAN: Ok. Is there anything else you would like to add? MISS WICKHAM: No. I have nothing else to add. MR. CHAIRMAN: Would anybody else like to speak in behalf of this application? Anybody to speak against the application? Questions from board members? (None) Hearing no further questions, I'll make the motion recessing this particular application until the next regularly scheduled meeting. On motion by Mr. Goehringer, seconded by Mr. lass, it was RESOLVED, to recess Appeal No. 3242, matter until the next Regular Meeting of the board. Sawicki and Mr. Doug- of HENRY DOMALESKI Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Doyen. This resolution was adopted by unanimous vote of all the members. HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr, WILLIAM F. MULLEN, .Ir. Southold, N.Y. 11971 TELEPHONE 765- 1938 September 20, 1983 Ms. Abigail Wickham Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, New York 11952 Re: Henry Domaleski Set-Off Dear Ms. Wickham: The following action was taken by the Southold Town Planning Board, Monday, September 19, 1983. RESOLVED that the Southold Town Planning Board accept Inspector John W. Davis' repprt #316 for compliance with regard to improvements for the access road within the sub- division, approved as a set-off, "Henry Domaleski", located at Southold. A copy of the above report has been attached for your review. Attch. cc: Building Department Very truly yours, HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD g Long, Secretary FROM Hera-/ E. Raynor~ Jr.~ Chairman Southold Town Planning Board John W. Davis Boa ppeal Report No. 316 DATE: August 22, 1983 RE: HENRY DOMALESF~ - ACCESS ROAD MINO~ S, mDTV~S~ON - ImP DATED 2/1/72 - Revised 5/'23/83 CO~MEN 1~: 1here is an existing one way farm road 9 ft.+- in width in the proposed 25 ft. R.O.W., length 3081 ft. to Lot No. 1. 1he adjacent land for most of the length on the east side of the road is higher than the land on the west side. the map notes the east side of the R.O.W. as a"ridge". - the existing road is on original ground with no evidence of o~her material being brought in. Also~ ~hera are deep ruts throughout and seam parallel sections on the west side are lower than the ~tts. No contours are shown on the map, but visually lot No. 2 appears to slope from north to south at a flat min%%~ grade. I would not anticipate any drainage problemm for an updated access road. Re~mmendations: 1. ~Remov. 12" of topsoil and loam for a width of 12 ft. centered in the R.O.W. If ~opsoil snd loam are in excess of 12"~ remove for 12" only. Based on the depth of the topsoil and loam excava$ion, additional fill will have to be placed prior to a 6" bankrun course. Tho additional fill can be a good grade of cl,an fill. 3. ~he 6" bankrun course (compacted) to contain 20% or more af gravel and 10% or more of loam. Place a compacted 2" crowned top course of 3/4" s±one blend on the bank rrm. 5. Fill the low areas along the west side of the updated road. 6. ~ha top course (stone blend) should be higher than the existing road surface (about 2 to 3 inches). D HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 1 1971 TELEPHONE 765-1938 July 26, 1983 MS. Abigail Wickham Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, New York 11952 Re: Henry Domaleski Set-Off Dear Ms. Wickham: The following action was taken by the Southold Town Planning Board, Monday, July 25, 1983. RESOLVED that the Southold Town Planning Board approve a set-off (106-13) as designated on the map of Henry Domaleski~ dated February 1, 1972 and revised May 23, 1983, located at Southold, ~c~o~]~hat th~ 25~ ri~ht-?f-wa~ be improved ~o the sat~s- nnin~ soa~9 prior to khe issuance of a Buildin~ ~ermit. Please forward four (4) copies of the above map to our office for signature. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary MAIN ROAD, P,O. BOX 142~. MATTITUCK LONG ISLAND NEW YORK 11952 May 18, 1984 Southold Town Board of Appeals Main Road - Town Hall Southold, NY 11971 Att: Ms. Linda Kowalski Secretary Re: Application of Henry DOmaleski Appeal No. 3242 Dear Linda: In response to your letter of May 10, 1984, please be advised that the property which is the subject of the above application was set off from the remainder of the Domaleski property, and I enclose copies of the Planning Board resolutions verifying the approval, together with a copy of the map with the Board's approval stamped thereon. If you have any further questions or require additional information, please contact us. Very truly yours, Ellen M. Urbanski Legal Assistant /emu encls. ZONING BOARD OF APPEALS Town Hall Main Road, S.R. 25 Southold, N.Y. 11971 NOTICE IS HEREBY GIV- EN, pursuant to Section 276 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Regular Meeting and the following matters will be held for public hearings by the Southold Town Board of Ap- peals on THURSDAYt OCTO- BER 11, 1984, commencing at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, NY and as follows: 7:30 p.m. Application for SCHELLENBACH AND A. RO`IAS. 1225 Ninth Street, Greenport, NY for a Variance to the Zoning Ordinance, Article 111, Section 100-31, Bulk Schedule, for permission to construct deck addition with insufficient side and rear yard setbacks and exceeding the 20% lot coverage require- ment. Location of ProperOj: 1225 Ninth Street, Greenport, NY; County Tax Map Parcel No. 1000-048-03-028; Green- port Driving Park Subdivision Lot 4. 7:35 p.m. Application of .lAMES F. AND ~l.r~N M. PRESTON, Box 1422, South- old, NY for a Variance to the Zoning Ordinance, Article III, Section I00-31 for approval of the insufficient area and width of this parcel in this proposed set-off of land located along Hyatt Road, Southold, NY; County Tax Map Parcel No. 1000-05-01.18.3 (part of f~:004~)' p.m. Appl~,~tJ~n-for~ r~ (re. cessed from 9-13-84). For variances: (a) to Article III, Section 100-31 for approval of width (b) to New York Town Law, Section 280-A for ap- )royal of access. R-O-W off the North side of Oregon Road, Cutchogue; 1000-005- 01-part of 11. 7:4S p.m. Application PATRICIA AND REINER LOLLQT for variance to Article XI, Section 100-119.1(A) for permission to erect fence exceeding maximum four.foot height requirement at 1120 Ryder Farm Lane, Orient; I000-015-05.024.1I. (recessed from 9-13-84). 7:50 p.m. Application of RENATE RIEDEL 161 Brook Road, Westhampton Beach, . NY 11978 for a Variance to the Zoning Ordinance, Article 111, Section 100-31, for approval of an insufficient frentyard set- back of a one-family dwelling structure to be located at 675 Meadow Lane, Mattituck Es- tates Lot 42, Mattituck, NY: 1000-115-05-007. -8-:05 p.m. Application of EDWARD L. HERRMANN, 1000 Mariene Drive, MattS- tuck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct addition with reduction of sldeyard setback to less than the required 10 COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says thor she is the Editor, of THE LONG ISLAND TR^VELER-W^TCH~N, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is o printed copy, has been published in said Long Island Traveler-Watch- man once each week for ...................... ../.. .............. weeks successively, commencing on the .................................... aay,~ or~f~___. .................................................... (~-,.~" ......... 3--9-~ Sworn to before me this Z//'a~'~ day of ............ ............... , ,,....r./. Notary Public BARBARA FORBES Notary Public, State of New York No. 48~6846 Qualified in Suffolk County Cornmi~ion Expires Marcia 30, 19 LEGAL NOTICE NOTICE IS HEREBy GIVEN, pursuant to Section 267 of the Town L~w and the Provisions of the Amended Cede of the Town of Seuthold, a Regular Meeting /lnd the following matters will be held for public hearings by the Seuthold Town Board of Appeals on THURSDAY, OCTOBER 11, 1984, commencing at 7:30 o'clock p.m. at the Seuthold Town Hall; Main Road, .Southold, NY and as follows: 7:30 p.m. Application for J. SCHF. LLI~NBACH AND A. ROJAS, 1225 Ninth Street, Greenpor~, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to con- struct deck addition with tasuffi- cient side and rear yard setbacks and exceeding the 20% lot cover- age requirement. Location of Property: 1225 Ninth Street, Greenpert, NY; County Tax Map Parcel No. 1000-048-03-028; Greenpert Driving Park Subdivi- sion Lot 4. 7:35 p.m. Application of JAMES F. AND EI.I.EN M. PRESTON, Box 1422, Seuthold, NY for a Variance to the Zoning Ordinance, Article IH, Section 100-31 for approval of the tasuf- llcient area and width of this par- cci in this proposed se~offofland located along Hyatt Read, South- old, NY; County Tax Map Parcel No. 1000-50-01-18.3 (part of Hi00)' :40 p.m. Application for ~ NRY DOMALESKI (reces-] ed from 9-13-84) For variances:/ ) to Article III, Section 100-31~ r approval of width (b) to New ork Town Law, Section 280-A r approval of access. R-O-W off e North side of Oregon Road, tcbegue; 1000-095-01-part ~ 7:45 p.m. Application of PAT- RICIA AND REINER LOL- LOT for variance to Article XI, Section 100-119.1(A) for pennis- sion to erect fence exceeding maximum four-foot height re- quirement at 1120 Ryder Farm Lane, Orient; 1000-015-05- 024.11. (recessed from 9-13-84). 7:50 p.m. Application of RE- NATE RIEDEL, 161 Brook Road, Westhampton Beach, NY 11978 for a Variance to the Zon- ing Ordinance, Article III, Sec- tion 100-31, for approval of an insufficient frontyard setback of a one-family dwelling structure to be located at 675 Meadow Lane, Mattituck Estates Lot 42, Matt/tuck, NY; 1000-115-05- 007. 8:05 p.m. Application of ED- WARD L. HERRMANN, 1000 Marlene Drive, Matt;tuck, NY for a Variance to the Zoning Or- dinance, Article HI, Section 100- 31, for permission to construct addition with reduction of sideyard setback to less than the required 10 feet. Location of Property: 1000 Marlene Drive, Matt/tuck, NY; 1000-114-2-40. 8:15 p.m. Application for DR. BALA HARI pII.I.~.I, by Gary F. Olsen, Esq., Box 706, Cutch- ogue, NY 11935 for a Variance to the Zoning Ordinance, Article IH, Section 100-30(C) for permis- sion to establish sleeping quar- ters in a nonconforming acces- sory building. Location of Prop- erty: 8280 Great Peconic Bay Boulevard, Laurel, NY; 1000- 126-11-019. Persons desiring to be heard ~hould so so, either in writing or In person, before or during the public hearing. For additional in- formation, please contact our of- rice at 765-1809 (or 1802). Dated: October 1, 1984. BY ORDER C } THE SOUTHOLD TOW BOARD OF APPEAI) SS: GERARD p. GOEHRINGE } CHAIRMA 1TO4~4678 ANNA T.~T~KA~ of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weakly 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 ONE weeks successively, commencing on the dayof Oct_otzar 1984 Principal Clerk Sworn to before me this 4 th dayof October 1984 '' COUNTY OF SUFFOLK DEPARTMENT OF PLANNING Town of Southold Board of Appeals (516) 360-5513 LEE E. KOPPELMAN October 31, 1984 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Henry Domaleski Renate Riedel Constance Klapper T. & J. Occhiogrosso 3242 3251 3267 3269 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI December 10,~1984 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 P.O. Re: Appeal No. 3242 Henry Domaleski 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, Enclosure Copy of Decision to Building Department Planning Board' Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Commission Southold Town Board o£ Appeals APPEALS BOARD MEMBERS August 14, 1984 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. $ - E · Q, R, A, SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATI%~E ENVIRON~iENTAL DECLAP. ATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3242 PROJECT N~ME: HENRY DOMALESKI This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for ]0t width. LOCATION OF PROJECT: Town of Southold/~County of Suffolk, more particularly known as: R.0.W. Oregon Rd., CutchO§ue, NY; County Tax Map No. 1000-95-1-11,12. P~ASON(S) SUPPORTING THIS DETEP~MINATION: (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; ~) Approval has been obtained from the N.Y.S~ DEC and/or Health Dept. ( The relief requested is a setback or lot line variance, which does not require further processing under "Type II" Actions of the State Environmental Quality Review Act. ' FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals~ Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. WICKHAM, W~CKHAM & BRESSLER, ~.C. MATTItUCK LONG ISLAND NEW yORK 11952 August 8, 1984 Southold Town Board of Appeals Town Hall Main Road Southold, NY 11971 Re: Application of Henry Domaleski Appeal NO. 3242 Gentlemen: Enclosed is a copy of the New York State Department of Environmental Conservation Permit recently received in connection with the above matter, together with a copy of the Department's cover letter dated July 24, 1984. Also enclosed is a copy of the Planning Board's letter dated May 24, 1984 stating that the application for sub- division approval is being held in abeyance pending the approval of the variance. schedule this matter for your next available Please hearing. Very truly yours, Ellen M. Urbanski Legal Assistant /emu enclS. NEW i STATE DEPARTMENT OF ENVIRONMENTAL CONSE~ PERMIT UNDEg THE ENVIRONMENTAL CONSEIIVATION LAW  ARTICLE TS, (Profention of Water) ~ ARTICLE 25, (Tidal Wetland.) ARTICLE 24, (Freshwater Wetlands) ARTICLE 36, (Constructlog in Flood Hazard A~eas) 10-84-0489 PERMIT ISSUED TO Henry gomaleski ADDRESS OF PERMTTrEE Oregon Road, Cutchogue, NY 11935 LOCATION OF PROJECT (Section of stream, tidal wetland, dam, buildlnR) Long Island Sound, Glen Court DESCRIPTION OF PRO)ECT Subdivide a 4.0 acre parcel of land into two separate ones of 1.949 acres and 2.051 acres respectfully as per supplied plans. COMMUNITY NAME (City, Town, Village) ~ TOWN Cutchogue J Southold COUNTY IFIA COMMUNITY NO: ' I DAM NO. Suffolk GENERAL CONDITIONS 1. The permirtee shall file in the office of the apprOlXiate Rectorial Permit Administrator, a notice of intention to commence work at least 48 hours in advance of the time oL commencement and shall also notify him promptly in writing of the complutio~, of the work. 2. The permitted work shell be subject to inspection by an anthoriznd representative of the Department of Environmental Conservation who may order the work suspended if the public interest so requires. 3. As a condition of the issuance of this permit, the applicant has ac- cepted expressly, by the. execution of the application, the full legal resgon- stbility for all damages, direct or indiructt of whatever nature, and by whom- ever suffered, arising out of the project described herein and has asrend Io indemnify and save harmless the State from suits, actions~ damages and costs of every name and description resulting from the said project. 4. Any material dredsed in the prosecution of the work herein permitted shaU be removed evenly, without leaving large refuse piles, ridges ac~-oss the bed of the waterway or flood plain or deep holes that may heve a tendency to cause Injury to navigab!e channels or to the banks of the waterway. 5. Any material to be deposited or dumped under this permttt either in the waterway or on shore above high-water mark, shall be deposited or dumped at the locality shown on the drawing hereto attached, and, if so pres~rfbed thereon, within or behind a $ood and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. 7"~ That if future operations ~y the State of New York require an alteration in the position of the structure or work herein authorized, or if~ in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood ,f~ow~ .or endanger the health~ safety or welfare of the people of the State, or loss or destruclion of the natural resomces of the State, the owner may he ordered by the Depart- ment 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~ fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners shell~.; without expense to the Slate, and t.o 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 fail and restore to its former condition the navigable and f)ond capacity of the walercourse. No claim shall be made against the State of New York on account of any such removal or alteration. PERMIT EXPIRATION DATE l July 31~ 1986 8. That the State of New York shall in no case be liable for any damage or injury 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 improvement of navlsatton~ or fm other purposes, and no claim or right to compensation shall accrue from any such damage. 9. That if the display of !lghts and siRnals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be pre- scribed by the United States Coast Guard shall he installed and maintained by and at the expense of the owner. 10~ All work carried out under this permit shall he performed in accor- dance with established engineering practice and in a workmanlike manner. 11. if sraotnd under Articles 24 or 25, the Department reserves the right to reconsider this approval at any time and after due notice and hearing to continue, rosclnd or modify this permit in such a manner as may he found to be just and equitable. If upon the expiration or revocation of this permit, the modification of the wetland hereby authorized hes nut been completed, the applicant shell, without e~peose 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 fill and restore the site to ils former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 1Z. This permit shall not be construed as conveying to the applicant any right Io trespass upon the lands a~ interfere with the riparian rights of others to perform the permitted work or as anthorlzin$ the impairment of any rights~ title or interest In real or personal property held or vested in a person not a party lo the permit. 13. The permittee is responsible for obtaining any other permits~ ap- provals, lands~ easements and rights-of-way which may be required for this project. 14, If granted under Article 36, this permit is granted solely on the basis of the requirements of Article 36 of Ihe Environmental Conservation Law and Part 500 of 6 NYCRR (Construction in Flood Plain Areas having Special Flood Hazards - I~ullding Permits) and in no way signifies that the project will be free from flooding. 15, By acceplance of Ibis permit the permlttee agrees thai the permit is contingent upon strict compliance with the special conditions on the reverse side. 9S-2~0-4 (9/75) (SEE REVERSE SIDE) SPECIAL C ONDITIO~,NS SEE ATTACHED CONDITIONS A - J PERMtT ISSUE DATE J PERMIT ADMINISTRATOR /~ - .~ (; ~,:-' . JADDRESS Bldg. 40, S~--Room 2]9 July 24, 1984 Daniel J. Larkin..~,~ ' ,=,' ~'. ' ~ Stony Brook, NY 11794 SLrPpL~,,7.NTARY SPECIAL CO~ITIO[]C The following conditions apply to all permits: If any of the permit conditions are unclear, the permittee shall contact the Division of RegulatoryAffairs at the address and telephone noted below. A copy of this permit or approval and approved project plans and supplement- ary conditions shall be available at the project site whenever authorized work is in progress. The permit sign e~closed with the permit or a copy of approval letter shall be prdtected from the weather and posted in a conspicious location at the work site until completion of authorized work. At least 4S hours prior to commencement of the project, the permittee shall complete and return the top portion of the enclosed receipt form certifying 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. For pro~ects 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 co~mmencement of resumption of work each year. If projec% design modifications take place after permit issuance, the permlttee 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 modific~tion may require submiss- ion of a new application for permit. All necessary precautions shall be taken to preclude cont-mtnation of any wetlands or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coating, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation 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, New York District, 26 Federal Plaza, New York ~ 10007, (Attention Regulatory Functions Branch), prior to commencing work authorized herein. The granting of this permit does not relieve the permittee of the responsib- ility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, 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 Department of Environmental Cons. Bldg. 40, SUI~f--Room 219 Stony Brook, NY 11794 (516) 751-7900 DEC # 10-84-0489 NEW YORK STATE DEPARTMENT OF ENVII~ONMENTAL CONSERVATION Bu~ldin$ 40, S~at2 Un~versity of New York Stony Brook, New York 11794 516-751-7900 July 24, 1984 Mr. Henry Domaleski Oregon Road Cutchogue, NY 11935 RE: 10-84-0489 Dea~ Mr. Domaleski: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing Regulations (6NY~RR Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any condi- tions, please contact the Regional Regulatory Affairs Office, NYS Department of Enviro-m~ntal Conservation, State University of New York at Stony Brook, Building 40, Stony Brook, New York 11794. Also enclosed is a permit sign which you are to conspicuously post at the project site, protected from the weather. Very truly yo,~., /Q Daniel J ./~arkin Regional ~ermit Administrator DJL:ll Encls. D $ ~ Southold, N.Y. 11971 (516) 765-1938 May 24, 1984 Mr. Gerald Goehringer, Chairman Zoning Board of Appeals $outhold Town Hall Southold, NY 11971 Re: Domalski subdivision located at Oregon (appeal NO. 3242) Dear Mr. Goehringer: After review of the file for the above mentioned subdivision at the regular meeting of May 21, 1984 the Planning Board makes the following comments. The Planning Board suggests that a 50' strip through the farm be reserved for a paper road pursuant to the Master Plan. This will not infringe upon the subdivision, but should be considered at this time. As you know, this was handled as a set-off by the Planning Board in 1983, and approved as such. There are no covenants regarding re-subdivision. The Planning Board will hold this application in abeyance until all variances and access approval is granted. If you have any questions, please contact this office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN ,~S e c )re~a ryC~4~ cc: Abigail Wickham, esq. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 BnUTHnLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI May 21, 1984 Abigail A. Wic~ham, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 PoC. Re: Appeal No. 3242 Henry Domaleski Dear Gail: In our May 10, 1984 correspondence, we failed to mention that the board is awaiting approval from the N.Y.S.D.E.C. in accordance with the Tidal Wetlands Land Use Regulations, Section 661.5(b)[57], in addition to receiving comments or approval from the Southold Town Planning Board on this new proposal. We have received your May 18, 1984 letter with enclosures pertaining to the previous set-off. Yours very truly, GERARD P. GOEHRINGER Rowa/SK1 Southold Town Board of Appeals MAIN ROAD-BTATE ROAD 25 SOUTHDLD, L.I,, N.Y, llg?l ~ ~ ~ TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE OOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Nay 10, 1984 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, Main Road, Box 1~24 Mattituck, NY 1~952 PoC. Re: Appeal No. 3242 - Henry DomaleSki Dear Gail: ~ This letter will confirm that at a Special Meeting of the board held May 2, 1984, the following action was taken concerning the above application: BE IT RESOLVED, that Appeal No. 3242, app. lication for HENRY DOMALESKI for a pr~opesed two-lot subdivision, be held temp-~-~-~y in abeyance 'pending review and receipt of comments from the Planning Board. Also, in reviewing this application it appears there are other premises of the applicant~ which has not been included in the application, in particular the entire 26-acre parcel and a house parcel identified as 1000-95-1-12. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN CC: Planning Board I' By Linda Kowalski Building Dep~rtment Auguat. 23.,1984. LEGAL NOTICE · N'(YI~CE IS HEREBY GIVEN. pursuant to S~ction 267 of the Tov~ Law and the Provisions,of. the Am~aded Code of the Town of Southold. a P~gular Meeting and the following maU~rs will be held for public ~ by the Southold Town Board of Appeals LOT, 2345 Plum lzland Lane, Orient, ~ for a Variance to the Zoning Ordinance. Articie XI, Section 100-119-1(A) for permis- sion ~ erect fence exceeding the maximum four-foot height re- quirement alon~ front-yard area of this vacant parcel, 1120 Ryder Farm Lane and Uhl Lane, Orionti Orient-By-The-~ea Filed Map 6160, Lot 157: County Tax The Suffolk .imes Road, cUtch°gue, NY; County'l Tax Map Parcal No. 1000-095.~ 01-part of 011. 8:15 p.m. Application of THOMAS AND JAC- QUELINE OCCHIOGROSSO 77 Vandethilt Boulevard, Oak- dale, NY (by Scheinberg, DePot- ri8 & Pruza~ky) for a Variance to the Zoning Or~linance, Article III, Sect/on 10031 for approval of the construct/on of a new one- Town Hall. Main Road. So~thold. ~ and as follows: 7:~0 p.m. Application for HE1WRY P, SMITH for approval of two _p~__ls with insufficient sr~a antl~idth in this B-1 Busi- n6ss Zoning Dtstrict~ Article III, //ection 100-31 of tho Zoning Or- dinance. Proper~y Locatmn: West Side of Peconic Lane, P~conic, NY; 1000-74-5-2 and 3 (9.2). ?:35 p.m. Application of ROGER MUNZ, Box 567, Laurel, NY (by Cardinale & Car- dinals, l~Is.) for a Variance for relief from Condition No. 7 mad the May 2?, 1983 decicion~ r~ nder~d in Ap~plications No. 3100 and 3101. Property Loca~on: 13175 Main Road, Mattituck, NY; County Tax Map Pardi No. 1000.140-03-038 (Owners: J. and · C. Moisa). 7:45 p.m. Application ofJ. P. HUBERMAN, 2 Linda Lane, Sot~uket, NY (by I. Price, Jr., Esq.) For a Vartanc~ to the Zoning Ordinan~. Article IH, Seciion 100-30(C) for permmsmn to e~ tabltsh home occupancy, to wit: physician office, within a one- family r~sidantlal building ceeding 80~ of the mammum. permitt~d first floor area, a~ 41505 C,R. 48, Southold, County Tax M~p Parcal No. 1000-059-03-023. ?:5~ p.m. Applicatlon ~fFRRD H. AND GEORGIA LAM- BBOU, 0n~ Canaan CIo~, Now Canaan, ~ 06840 for · Varianc~ ' ~o tho Zoning Ordinance, Articls IH, l!t~iion 100-32 for permiscion to ll~at~ acc~sory garag~stor- age building in the frontyard ar*a at 136~ Aquaview Awnuo, East Marion, lqY; County Tax Map Parcel Bio. 1000-022-02-01. , "~ 8:00 p~a. Application of PAT- RI(JlA AND REINER LOL- family dwelling with an insuffi- cient frontyard setback of 12 1/2 STANCE III,APP~R, Box 291, foot (reduction of that granted - '~ under Appeal No. 3031 1/27/83). Cutchogue, NY (by Essekz, Hsf- . - ..... , ....... ' Lo~ation of Property; 1580 Corey anco ~o the' Zanil~ Ordina~, prove o msumao are m MapParcal No, 1000-78.04-019. in this prope~d two-lot division 8:25 p.m. Application of (redivlsion) of land and for ap- proval of insufficient livable floor area of existing ptincipal build- rog. Location of Property: 3300 Dignaqs (private) Road, Cutch- oguo, NY; County Tax Map Par- cel.]X!o. 1000-83-02-005. 8:10 p.m. Application for HENRY DOMALESKI, Ore- gon Road, Cutchogue, NY (by A. Wickham, Esq.) for Vaxianc~: proval of insufficient width of two proposal parcels in this divi- sion of land, and (b) to New York proval of, acc~s. Location of Proper~y; Private Right-of-Way ROBERT ENTENMANN, 65 M~adow Farm Road, Ee~st Islip, ~ (by A. Wickham, Esq,) for a Variance gb the Zoning Ordi- nance, Article III, Section 100- 31, Bulk Schedule, for apprOval ' of insufficient area and width of parcel to b~ set-off in this prop- osed three-lot subdivision of.land located at the north side of Sound Avenue, Mattituck, NY; CoOnty Tax Map Parcel No. 1000-112-1- Persons desiring to be heard . may do so in person, in writing, or by representative. For addi- tional information, please con- tact our office. Dated: August 14, of Greenport, in ~, says that he/she is ~LK TIMES, a Weekly ~enport, in the Town ,Ik and State of ~ew ~/hich the annexed is ~lularly published in cingonthe 23rd _19 84 NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Pro- visions of the Amended Code of the Town of So~thohi, a Regular l~eeting and the following matters will be for public hearings by the Southold Town Board of peals .on THURSDAY~ TEMBER 13. 1984, commenc- ing at 7',~ p.m., at the Southold Town Hall,. Main Road, Sonthold,. ~ and as follows: ~.~ .- 7:30 P.~. Ai~tinn for ~for approv- al of two parcq~vith insuf- ficient area an~'://~ldth 'in this B-1 Busine~ ~g District, Article IH., S~ 100,31 of the Zoni~ig Ordnance. Proper- ty Locntion~i West Si.de of Peconic Lane,:'"Peconic~, NY; 1000-74-5-2 and 3 (9.2). 7:35 p.m. Application of ROGER MUNZ~ Box 567, Laurel, NY' (by Cardinale & Cardinale, Esqs.) for a Vari- ance for relief from Condition No. 7 of the May 27, 1983 decisions rendered in Applica- · tions No. 3100 and 3101. Property Location: 13175 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-140- 03-038 (Owners: J. and C. Molsa). 7:45 p.m. Application of J.P. HUBERMAN, 2 Linda Lane. Setauket, NY (by I. Price, .Ir., Esq.) for a VaOance to the Zoning Ordinance, Article HI, Section 100-30(C) for permission to establish home occupancy, to wit: physi- cian office, within a one-family residential building exceeding 30% of the maximum-permit. ted first floor area. at 41505 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000- 059-03-023. 7:55 p.m. Application of FREI) H. AND GEORGIA LAMBROU, One Canaan Close, blew Canaan, CT 06840 for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory garage - storage building in the frontyard area at 1365 Aquaview Avenue, East Marion, NY; Couniy Tax Map Parcel No. 1000-022-02- 01. 8:00 p.m. Application of PATRICIA AND REINER LOLLOT, 2345 Plum Island Lane, Orient, NY for a Var- iance to the Zoning Ordinance, Article al, Section 100-119- l(A) for permission to' erect fence exceeding the maximum four-font height requirement along frontyard area of this vacant parcel, 1120 Ryder Farm Lane and Uhl Lane, Orient; Orient-By-The-Sea Fil- ed Map 6160, Lot 157; County Tax Map Parcel bio. 1000-015- 05-024.11. 8:05 p.m. Application of CONSTANCE KLAPPER, Box 291, Cutchogue, HY (by seks, Hefter, Cuddy & Angel) for a Variance to the Zoning Ordinance, Article 11I, Section 100-31. for approval of insuf- ficient area of lot in this pro- posed two-lot division (redivi- sion) of land and for approval of insufficient livable floor area of existing principal building. Location of Property: 3300 Dignans (private) Road, Cutchogue, NY; County Tax Map Parcel No. 1000-83-02- 00. ~'~i10 p.m. Application for t~IENRY DOMALESKIi Ore- ~gon Road, Cutchogue, NY (by A. Wickham, Esq.) for Vari- ances: (a) to the Zoning Ordin- .ance, Article IlL Section 100- ? 31 for approval of insufficient width of two proposed parcels in this division of land, and (b) to New York Town Law, Sec- tion 280-A for approval of access. Location of Property: Private Right-of-Way off the North Side of Oregon Road, Cntchogue, NY; County Tax Map Parcel No. 100-095-01- part of 011. 8:15 p.m. Application of THOMAS AND -IACOUELINE OCCHIOGROSSO, 77 Vander. bilt Bulevard, Oakdale, NY (by Scheinberg, DePetris & Pm. COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in. Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler~Watch- man once each week for ....................... ./. ............... weeks J successively, commencing on the ............~.....~....~.... ........... day ................. , Swam to before me this ............ ~..~......~... ....... day of ~ ~ 19....~..?. Notary Public LJ CLEMENT J. THOMPSON NOTARY PUBLIC, State M New Yerk Page 3 Copies have been forwarded to the following on or about 8/21/84: Suffolk Times (personal delivery 8/21/84 a.m. L.I. Traveler - mailed 8/21/84 a.m. Philip J. Ofrias, Jr., Esq., for H.P. SMITH Philip J. Cardinale, Esq. for ROGER MUNZ '~ Mr. Roger Munz ~r,~ ~ ~ ~,~,~.~ ~ , ~ Irving L. Price, Jr., Esq. for J.P. HUBERMAN Mr. G.A. Strang for Huberman Mr. and Mrs. Fred H. Lambrou Mr. and Mrs. Reiner Lollot Esseks, Hefter, Cuddy and Angel Ce~,~.%- ~ for Constance Klapper Abigail A. Wickham, Esq. for Henry Domaleski for Robert Entenmann Scheinberg, DePetris and Pruzansky for T. Attn: Janet Geasa, Esq. Town Board Planning Board Building Department Town Clerk Bulletin Board Zoning Appeals Office Bulletin Board Z.B.A. members Z.B.A. individual files AND J. OCCHIOGROSSO JUDITH T TERRY TOWN (. LERK RFGISTRAR OF VITAl. SIX, IISIICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 11, 1984 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry~ Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3242 application of Henry Domateski for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. Judith T. Terry Southold Town Clerk WICKHAM, WICKHAM & BRESSLER, MAIN ROAD~ P.O. BOX MATTITUCK LONG ISLAND NEW YORK I)952 516-298-83S3 April 11, 1984 Southold Town Board of Appeals Town Hall Main Road Southold, Re: Gentlemen: NY 11971 Application for Variance of Henry Domaleski Enclosed are the following in connection with the application: 1. Application, in triplicate; 2. Notice of Disapproval from the Building Inspector; 3. Short Environmental Assessment Form; 4. Questionnaire; 5. Original Notice to Adjoining Owners with Affidavit of Service thereon; 6. Five prints of the survey; 7. Check in the sum of $50.00, representing the application fee. If any further as soon as possible. /emu encls. above information is required, please contact us Very truly yours, Abigail A. Wickham TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. D^TE .......... Name of.Appellant Street and Number ........... .C.~.~.c.~.o.~...~.e, .......................................... .N.e..W....~...o..r...~. ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 3/10/84 FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO HENRY DOMALESKI Name of Applicant for permit of Oregon Road, Cutchogue, New York Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PERMIT TO ~ DIVIDE -~ ~ni ht of Way off ,, ,, 1. LOCATION OF THE PROPERTY .Or~,gon..P, ct..,..~t~t, cho~e......:A Residential & · Street and Hamlet Agricultural Zone HENRY DOMALE SKI ..1Q00./095J.01/.p...o...1L ................................... OWNER (S): ........................... Map No. Lot No. acquired~ DATE l~lll~. .1971 ............... 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 III , Section 100-31 and Town Law S280A. 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:~.W~:;(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 o variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) ~s requested for the reason that ~ would like to divide the property into two ors, each in excess of 80,000 square feet but containing insufficient width of 145.75 each, and access via a 25 foot right of way from Oregon Road requiring 280A approval. Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because applicant's parcel contains more than the required square foota§e for two lots, but the long, narrow configuration of the farm makes division into ~wo waterfront lots with sufficient width impractical. It could be accom~lished b7 slanting the lot lines, but that would make for oddly shaped lots. From a financial point of view, applicant prefers to make maximum usage of the waterfront by creating two lots as shown on the survey. 2. The hardship createdis UNIQUE ond is notshared by all prope~ies alike in the immediate vicinity ofthis property and inthis use district because 'the width of the lots is limited b7 the width of the farm, wh£ch is narrower than the ~wo farms on either side of the property. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the lots are consideraJ)].y ].arger tjx. an those in the subdivision to the East. STATEOF NEW YORK ) ) ss .... : ............. COUNTY OFSUFFOLK ) Sworn to this .6...t.'p ......................... da~ of ............... .A.P...r..:J:]-. ............................ 198/~ Notary Public £]3!~:'~ ~ ~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of : HENRY DOMALE SKI : to the Board of Appeals of the Town of Southold : TO: Mr. Francis B. Garvey Mr. & Mrs. Vaino Halla Birch Hills Property Owners' Association Mr. Anthony E. Mitarotondo Ms. Bertha Davis Mr. & Mrs. Walter C. Finger Mr. & Mrs. YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER Vincent Krupski 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (M,4~i~W~I~ 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Bounded North by L.I. Sound, West by Oarvey, South by) other land of Henry Domaleski, and East by Birch Hills Subdivision, and~Southeast by Krupski. Suffolk Co. Tax Map #1000/095/01/p.o. 11 3. Thattheproperty whichisthesubiectofsuchPetitionislocatedinthefoUowingzoningdistrict: "A" Residential & Agricultural 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: Permission to divide the property into two lots with insufficient width and for approval of access of 25 foot right of way. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are ~rticle III Section 100-31 and 280A approval 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) ?~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: April 6 , 1984 ~etitioner ~RY DOMALESKI Post Office Address Ore~on Road Cutchogue, NY 11935 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. Francis B. Garvey Mr. & Mrs. Vaino Halla Birch Hills Property Owners' Association Mr. Anthony E. Mitarotando Ms. Bertha Davis Mr. & Mrs. Walter C. Finger Mr. & Mrs. Vincent (see Argyle Road - P.O. Box 158 Babylon, NY 11702 5 Randy Lane Plainview, NY 11803 c/o P. Finger RR1, Box 161C Cutchogue, NY 11935 4065 Peconic Bay Blvd. Laurel, NY 11948 30 Lincoln Plaza Apt. 17M New York, NY 10023 405 Birch Lane Cutchogue, NY 11935 -regon Road ~tchogue, NY 11935 S C~ verse names the cu~ rice at ~gat 611 Maple Street, tulysworn, deposes and says that on the llth day ailed a true copy of the Notice set forth on the re- _ .-.ns at the addresses set opposite their respective persons are the addresses of said persons as shown on ~thold; that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by (see receipts attached hereto). Sworn tqbefp~;e me this llth day of aprl]_, ,19 84 ELLEN M. URBANSKI Notary Public Commission Expkes Mar. 30, 19_ 0 0 SHORT ENVIRON~4ENTkL ASSESSMENT FOP~M INSTRUCT!ONS: (a) In order to answer the questions in this short EAF is is assumed that the preparer will use currently available infor~.~ation conceding the project and the likely impacts of the action. It is not exT. ected that additional studies~ research Or other investigations will be undertaken. (b) If any question has been answered Yes the project may be si~ificant and a completed Environmental Assessment Form is necessa~/. (c) If all questions have been answered No it is likely that this project is no.__~t significant. (d) Enviror_mental Assessment me 2e 3. 5. 6. 7. 8. Will project result in a large physical cbmnge to the project site or physically alter more than 10 acres of land? ....... · Will there be a major change to any unique or unusual land form found on the site? · . Will project alter or have a large effect on an existing body of water? . . . . . · · Will ~roJect have a potentially large impac~ on ~r o,~Gwa t e r quality? Will project siunificantly effect drainage flow on adjacent sites? · · . · , · · · Will project affect any threatened or endangered plant or animal species? · · · · · · · Will project result in a major adverse effect on air quality? · · · · Will project have a major effect on visual char- acter of the com~muni%y or scenic views or vistas known to be important to the community? . . . Yes X No Yes X No Yes X No Yes X No Yes X No X Yes No Yes X No Yes X No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site desiEnated as a critical environmental area by a local agency? . . . -- Yes X No 10. Will project have a major effect on existing or future recreational opportunities~ · · , Yes X No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? · · · . · · · , · · · · Yes X No 12. Will project regularly cause Objectionable odors~ noise, glare, vibration, or electrical disturb- ance as a result of the proJecu's operauion? . Yes X No 13. Will project have any impact on public health or safety? · . . . . . o . .. . Yes X No l&. Will project ~ffect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period o__r have a major negative effect on the character of %he com.~unity or neighborhood?. Yes X No 15. Is there public,~c~ntrovers7 concerninE ~he project? Yes X No -' · henry ooma-es~z DATE: April ~1 , 1984 .PRES~JTIJG: ~Di~iJ~ QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 11794, (tel. 516-751-7900), if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [ ] 2. [ ] 3. [ ] 4. [ ] 5. [ ] 6. Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfront or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental a rea: [ ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfront area. [ ] 7. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State Law and to prevent any unnecessary delays in processing your application(s). I0/831k Southold Town Z.B.A. Main Rd. Southould, NY Gentlemen: Please be advised that the following application is listed for in the office that has my license. For the record I do not have any interest in this application. sale gPg Very truly yours, Gerard P. GOehlngez