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.... Dig~ans Road (off Oregon Rd.) CONSTANCE ~P~ER ~3267 ZILED: 7/9/8~ Lot size/floor area or cottage ~, 10/25/84 - Cond'l. approval. Southold Town Board of Appeals MAIN 1~I:3AD- STATE 1~I:3AD ~5 !~DLITHI:3LD, L.I., N.Y. 119'71 ~'"~? ~'t,C'~'-~'~r'<' "' TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No.3267 Application Dated July 9, ]984 (Pub]lc Hearing September ]3, ]984) _TO: Esseks, Hefter, Cuddy & Angel [Appellant[s)] as Attorneys for CONSTANCE KLAPPER 108 East Main Street, Box 279 Riverhead, NY 11901, At a Meeting of the Zoning Board of Appeals held on 0~t0ber 25, 1984, the above appeal was considered, and the action indica~was-~aken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section IX] Request for Variance to the Zoning Ordinance Article III , Section ]00-3] [ ] Request for Application of CONSTANCE KLAPPER, Box 291, Cutcho§ue, NY (by Esseks, Hefter, Cuddy & Angel-)~f~6~f a Var3ap~e to the Zoning Ordinance, Article III, Section lO0=31, for approval of insufficient area of lot in this proposed two-lot division (redivision) of land and for approval of insuf- ficient livable floor area of existing principal building. Location of Property: 3300 Dignans (private) Road, Cutchogue, NY; County Tax Map Parcel No. 1000,83-02~005. The board made the following findings and determination: This is an appeal from Article III, Section 100-31 of the Zoning Code for: (a) approval of insufficient area of 1.2± acreage in this proposed set-off of Parcel "2" from Parcel "l'~ which will contain 2.2± acres, and (b) approval of the insufficient livable floor area of a studio/cottage structure of a size 12~ by 20' as shown on survey mapped December 20, 1983, by Roderick VanTuyl, P.C. and existing on proposed Parcel "2°" Existing on Parcel "1" is ~ two-story, one-family dwelling structure and accessory swimmingpool. Current town re6ords show that the northerly parcel is now of Constance Klapper and contains approximately 2.41 acres, and that the southerly parcel is of Murray Klapper,. per d~ed dazed 4/19/83 at Liber 9358 cp 595 and contains approximately one acre with 185- foot frontage along a private right-of-way. The relief requested by this application appears to adjust these lot sizes as noted, supra. For the record, it is noted that the premises in question was the subject of a prior appeal, No. 2232, for the applicant herein, in the set-off of a 48,147 sq. ft. parcel, and for approval of access, which was ~o~ditionally granted on December 22, 1976. It is also noted that under Appeal No. 3170 conditional approval of access over this same right-qy-way was granted to Daniel Shelley on March 2, 1984. Since it is the o.pinion of the board that this ri. ght-of-way has not been brought up to the standards required for emergency vehicles pursuant to New York Town Law, Section 280-A, no building permit therefore shall be issued until such improvements have been made and accepted, or a subsequent ~pplication for approval of access is made. {CONTINUED ON PAGE TWO) DATED: October 30, 1984. Form ZB4 (rev._12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3267 Matter of CONSTANCE KLAPPER Decision Rendered October 25, 1 984 The board members have personally visited the premises in question and are familiar with the statements presented at the public hearing and an Affidavit of Constance Klapper dated September 19, 1984, was received as requested by the board indicating that the studio-cottage is a year- round dwelling with its own heating and plumbing systems and separate septic system, and has been used as a dwelling continually for more than 20 years, that the subject premises was acquired approximately 10 years ago, during the 40,000 sq. ft. lot area zoning requirements of the town, and referring to a Certificate of Occupancy dated June 13, 1975, No. Z6523 (for premises containing a total acreage of 5.0± as existed prior to conveyances during 1977 and 1983). On August 27, 1984, a recommendation was made by the Planning Board that this application be approved. In considering this appeal, the board determines: (a) that the relief requested is not substantial; (b) that by allowing the relief no substantial detriment to adjoining properties would be created; (c) that no adverse effects will be produced on available governmental facilities of any increased population; (d) that the relief will be in harmony with and promote the general purposes and intent of zoning; (e) that the circumstances of this appeal are unique; (f) that in view of the manner in which the difficulty arose, the intereSts of justice would best be served by allowing the requested relief. Now, therefore, on motion by Mr. Grigonis, seconded'by Mr, Goehringer, it was RESOLVED, that the application in behalf of CONSTANCE KLAPPER for approval of insufficient area of proposed Parcel 2 of 1.2± acres and for approval of the insufficient.livable ~loor area of the existing cottage s~ructure on proposed Parcel ~2,''BE AND HEREBY IS APPROVED SUBJECT TO'THE FOLLOWING CONDITIONS: 1. That no sideyard reductions to less than that permitted by the code be authorized; 2. That.in the event road improvements have not been made and accepted by the Town as required (under Appeal No. 3170 of 3/2/84) by New York Town'Law, Section 280-a, no building permit shall be issued until such improvements have been made and accepted by the town. Location of Property: East Side of Dignan's Road (private right-of-way), Cutchogue, NY; County Tax Map Parcel N°. .1000-83-02- 005 (6,3 and 6.4). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Sawicki. Member Dou.glass was absent.. This reSolution w_as adopted by unanimous vote of the members present. lk ~ _October_ 3.Q, 1984 ~lq. CEIVF. D AND ¥IL~.I) BY THE SOUTHOLD TOWN CT.F..RK DATE/ Town Clerk, Town of Southold TO~ ~ALL SOUmOLO, 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, 1984, 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 District, Article 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 renoered'Jin Applica- tions No. 3100 and 3101. Property Location: 13175 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-140-03-038 (Ow~e~s'~ 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 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 FRED H. AND GEORGIA LAMBROU, One Canaan Close, New 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; County Tax Map Parcel No. 1000-022-02-01. 8:00 p.m. Application of PATRICIA AND REtNER LOLLOT, 2345 Plum Island Lane, Orient, NY for a Variance to the Zoning Ordinance, Article XI, Sectio~ lO0-119-1(A) for permission to erect fence exceeding the maximum four-foot height requirement along frontyard area of this vacant parcel, Il20 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 Ordinance, Article area of lot in this and for approval of principal building. Road, 8:05 p~m. Application of CONSTANCE KLAPPER, Box 291, Cutchogue, (by Esseks,.Hefter, Cuddy & Angel) for a Variance to the Zoning III, Section 100-31, for approval of insufficient proposed two-lot division (redivision) of land insufficient l:vable floor area of existing Location of Property: 3300 Dignans (private Cutchog~e, NY; County Tax Map. Parcel No. 1000-83-02-005. 8:10 p.m. Application for HENRY DOMALESKI, Oregon Road, Cutcho§ue, NY (by A. Wickham, Esq.) for ~ariances: (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; County Tax Map Parcel No. lO00-095~Ol-part of Oll. 8:i5 p.m. Application of THOMAS AND JACqUELINE OCCHIOGROSSO, 77 Vanderbilt Boulevard, Oakdale, NY (by Scheinberg, 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 an insufficient frontyard setback of 12½ feet (reduction of that granted under Appeal No. 3031 T/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 Islig', NY (by A. Wickham, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31~ 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, by representative. For addition information, please office. in writing, contact our or Dated: August !6, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Notice to Newspapers: Please publish THURSDAY, AUGUST 22, 1984, and forward nine affidavits of publication on or before August 31 to: Board of Appeals, Main Road, Southold, NY 1t971. Thank you. FORM NO:3 TOBrN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ · o ........ ...~.- ..... ~...& ~ ......... PLEASE *~E/ NOTICE that your ap~afion dated ..... ~. ~7 .......... 19 ~ for pe~it t~.. ~Z ~/~. J ~~ ....... ~ ..................... at County Tax Map No. 1000 Section ...~ .... Block .... 0~ ...... Lot . .O~ ~ ..... Subdivision ..... ~ ........ Filed Map No ........ -'-T. ........ Lot No ......... ~ ........ is returned herewith and~disapproved on the following grounds .~. C/d-.-~...~..~.'../.~ ..... d~. x,~.x~z£/.Cr~...~., x .~.... Zz~-. ~.c~. -.~.d~c,,~..,e~w~-zq... ~.~ ~~~. ~w~Z ~,~'.~:.. ~,. ~~.. z~..~ ~/~, ~ B~d~g I~pector RV '~/80 1984, TOW. or SOUT, OLD, -- APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~-~ DATE ...-5./.2.2./8/+ .......... TO THE ZONING BOARD.OF APPEALS, TOWN OF SOUTHOLD, N.Y. ' ::' . - I, 0Ne3 .... g.o..6~.~;~...q,q..e.../~..~.p.p.e.r. ..................... of ...P,,,...O.,..JB~...2,9.1~..~3O.0../)isn~.ns...Rd. Name of Appelk~nt Street and Number ............ C-tmho§um ........................................................... Municipality ..~ew...¥~:k, ...... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 2/27/84FOR: Minor Subdivision WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (X) (X) .................... .Qo ~a .t;~.P..¢.~ .. l{ %~ p p.~ r .................. Name of Applicant {or permit of ...3..3...0..0.....D..$~ ,n..a...n..s.....R...d.... .................. .C..u...t.g..h.p. g .u.,e.. ....................... ..N..e...w.,.%..q.r. ,.k... :. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY pERMIT TO ~ DIVIDE PROPERT~ 1. LOCATION OF THE PROPERTY ~.~.3...3..~..~.....D.i.gn..a...n..s..~.R.'d..~.C.g~.t.g..h.`~`g.u..e.~,.~.~.~.~ .................. Street and Hamlet Zone C~.y.^ .'f~t2~.-....l~.QO,;...~J.~.,.02.; ,.0.05 ................ OWNER (S): . .C.o.n..s.t.a.n.c.e...~a..j~p.e.r. ...... Mop No. Lot No. DATE PURCHASED: .~ua~.l~.~..19~.~ .... 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section or~d Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III , Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access IState of New York Town Law Chap. 62 Cons Laws Art. 16 Sec. 280A Subsection 3 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 .............................................. PREVIOUS APPEAL A previous appeaIX[~z-~(has not) been mode with respect to this decisio~ REASON FOR APPEAL ( ) ^ Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance (X) ~ Variance to.Lot size & floor area of cottage is requested for the reason that ~kxCf~k~x~kX~k the proposed in area and existing rental cottage is insufficient for a principal dwelling. lot is insufficient in livable floor area Form zB! (Continue on other side) REASO~ FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the division of the property require that it be in conformance with the Zoning Code and since the property is already improved it does not meet the present Code requirements. Thus the strict application of the Ordinance will create a har~'hip; i.e., the owner would not be able to divide it, and sell the existing two residences se.para rely. 2 Thehardshipcreotedis UNIQUE andisnotshored by all prope~ies alike in ~e immediate vicinity ofthis property andin this use district because there are two dwellings located on the subject premises which have been and continue to be used as two separate residences. Annexed hereto is an appraisal prepared by Pauline D'Emo, a real estate broker, showing the fair nm rket value of the property if sold as one parcel and the fair market value of the property if sold as two separate parcels, resulting in a financial loss in excess of $110,000.00, if the application is denied, and the two separate residences must be maintained upon the one parcel. 3, The.Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE 'rile CdARACTER OF THE DISTRICT b~xc~z~x in any way. STATE OF NEW YORK ) ) ss COUNTY OFSU~FOLK ) Sworn to this ......~,2~ ............................ day of ...... ~a.~ ........................................... 1984. OWNER '~FORMER OWNER LAND IMP, VL TOI'AL F VILLAGE j- SUB. LOT COMM, CB, REtv~RKS 6300 8//0/?7 5%z.~ BUILDING CONDF~'ION AGE NEW NORMAL BELOW ABOVE FARM Acre Value Per V~lue Acre · -~:,.,;-;;;.- ......... _.f?~:r_:,. ........... _L FRONTAGE ON ROAD DEPTH BULKHEAD DOCK FORMER N ~ ? ACR. "L,'t, W TYPE OF BUILDING SEAS. iMP. VL..~,~ j FARM COMM, CB, MICS, Mkt. Value RFJ4ARKS FRONTAGE ON WATER FRONTAGE ON ROAD Total DEPTH BULKHEAD APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O, Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 September 12, 1994 Rudolph H. Bruer, Esq. Main Road P.O. Box 1466 Southold, NY 11971-1466 Re: Appl. No. 3267 of 10/15/84 (Klapper 1000-83-2-6.3, 6.4, 5) Appl. No. 3170 of 3/2/84 (Shelley 1000-83-2-4) Conditional 280A over Private ROW Dear Mr. Bruer: -'~'~: In accordance with your inquiry of Friday, September 9,~ 1994, the Chairnmn of the Beard of Appeals agreed to inspect the above- referenced right-of-way in order to determine whether or not this Beard's conditions rendered March 2, 1984 were complied with. Upon inspection, the right-of-way was found to be in need of the following minimum improvements: From Poles #1 through #3 - fill potholes with bankrun or stone; and From Pole #3 to irrigation pump - regrade to level humps in base of ROW; and From irrigation pump to E/W farm roads (approx. 4 to 6 poles down from irrigation pump) - add 2" to 3" of bankrun with stone content, and regrade a length of approx. 100 feet, and at a width of 12 to 14 ft. variably; and Remaining potholes shall be filled for the entire length of ROW to the subject parcel; and In accordance with New York Town Law, Section 280-A, the entire ROW shall be maintained in good condition for tiro and emergency vehicles by aH owners of parcels having access over this right-of-way before issuance of future building permits and/or certificates of occupancy for To: Rudolph H. Bruer, Esq. Re: 280-A Conditions (ROW) construction, or as may be deemed appropriate under the circumstances by the Southold Town Board of Appeals. Please keep us up-to-date and let us know when the property owner plans to commence and/or complete the right-of-way improvements. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN cc: Building Inspector Gary Fish COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN Town of Southold Board of Appeals 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 Co---~ssion 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 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAW{CKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~71 TELEPHONE (516) 765-1809 October 30, 1984 Charles R. Cuddy, Esq. Esseks, Hefter, Cuddy & Angel 108 East Main Street, Box 279 Riverhead, NY ll901 Re: Appeal 'No. 3267 - Constance Klapper 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. the event your application has been approved, pleaseco~e ~rr~-~/ In to return to the Building Department for approval of any new n c tion in writing, or for other documents as may b,e 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 Enclosures By Linda F. Kowalski Copy of Decision to Secretary Building Department Planning Board' Mr. and. Mrs. Murray Klapper Suffolk County Planning Commission Southold Town Board of peals -13- September 13, Regular Meeting PUBLIC HEARING: Appeal No. 3267. Application of CONSTANCE KLAPPER, Box 291, Cutchogue, NY (by Esseks, Hefter, Cuddy & Angel) for a Variance to the Zoning Ordinance, Article III, Section 100-31, for approval of insufficient area of lot in this proposed two-~ot division (redivision) 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. 1000-83-02-005. The Chairman open6d the hearing at 8:16 p.m. and read the legal notice of this hearing in its. entirety and appeal application. MR. CHAIRMAN: We have a copy of the Suffolk County Tax Map and a survey dated December 20, 1983, indicating the nature of thqs particular parcel to be divided of approximat~l'~ 1.2 a~res, a~Proxi- mately 125' on Long Island Sound and approx'imately 268 feet o~ a private road. Would somebody like to be heard i~ behalf of t~is application? Mr. Angel? CHARLES CUDDY, ESQ.: He has blond hair, I don't. I'm Mr. Cuddy. MR. CHAIRMAN: Oh, Mr. Cuddy, I apologize. - MR. CUDDY: I really appear on behalf not only of Mrs. Klapper but my partner, Bill Esseks, who handled this lily.most of the way and who unfortunately couldn't be here this evening. This matter has been before your board before in connection with a third lot that was separated off a period back and actually was an access variance. The two lots that are here have been approved, ! think your records should show the Planning Board just recently approved this~subdivision. The subdivisio~ itself is simply an existing house that has 2.2 acres and another house that has 1.2 acres. It certainly cannot upset the board because the houses have been there for years and years. Mrs. Klapper has indicated to me that when she bought it, she understood that she was buying what amounted to three lots. Apparently, there has been some confusion going back and forth between this board, the Planning Board. It went to D.E.C. They have approval from all the boards and now they look for your board's approval. I would ask at this time based upon the Planning Board approval, based upon the area, it's ~ small area but in very large area, that the board and based upon the history, deed-wise this property, and sometimes it's unmerged and then unfortunately they're back in the same name, that the board as a matter of justice grant the application. And Mrs. Klapper is here as well as Mr. Klapper to answer any questions of you. MR. CHAIRMAN: Could you tell me the approximate square footage of the studio in question and the nature of a portion of this applica- tion-- MR. CUDDY: I understand it's somewhere between 250 and 300 sq. ft. Southold Town Board }eals -14- September 1 984 Regular Meeting (Appeal No. 3267 CONSTANCE KLAPPER, continued:) MR. CHAIRMAN: As it's pr'esently rented at this structure? time as a yearround MR. CUDDY: Yes. And it has been that way for years, t MR. CHAIRMAN: As you know, it has not been the nature o~ this board in situations like this to grant undersized structuresr-I'm still referring to it as a structure and not a dwelling, of this nature. This board has not deliberated upon this, and so I don't know what the feeling of the board is, ok? The closest one that I can recollect is one that we had divided in Laurel last year, and that building was approximately 750 sq. ft. The board so indicated that that building had to be brought up to 850 sq. ft. As I said, I have not discussed this application with the board at this particular time. Do the Klappers have any idea how long this building has been in existence? MR. CUDDY: They could testify to that. Mr. Klapper. MR. KLAPPER: It was there long before we bought our lot. I haven't been able to find out exactly when, but it has been there and rented over the years. It has everything in it. MR. CHAIRMAN: It has a separate well, Mr. Klapper? MR. KLAPPER: Yes-- no, it has a separate cesspool. The well is connected to our well. But there are separate pipes involved. We have a large well. MR. CHAIRMAN: How is it heated, Mr. Klapper? MR. KLAPPER: It's oil, hot air. MR. CHAIRMAN: Does it have a basement? MR. KLAPPER: It has a four or five foot crawl space. It's a solid building. It's insulated. And it has been used all the time. What our intentions, what we did when we first bought the property, we sold off the original piece and from the same map that when we bought it that was given to us, the same survey. When the Zoning Board of Appeals approved selling off that first parcel and we have to improve the road, which the Zoning Board of Appeals and the Building Department approved, we were under the impression that we had the other two separate. We didn't know anything about it not being separated until the two-acre zoning was imminent, we tried, we put the second parcel--they were both in my wife's name, and we put the second parcel in my name, we found out that it had never been subdivided. Until that point, about eight or nine years, we thought that it had been separate. What we always intended to do was the house on the two acres is a large house, we're only the two of us, so we always intended and still do that it, you know, at the time that we retire we would sell the large parcel and expand the small house and live there. And we still intend to do it. As I said, I always expected Southold Town Board ppeals -15- September3, (Appeal Noo 3267 CONSTANCE KLAPPER, continued:) 1984 Regular Meeting MR. KLAPPER (continued): that these were three parcels when we had one sold off. MR. CHAIRMAN: Going back to the structure again which you refer as the studio on this map, is there any C of 0 or anything from the Building Department that you received on that? to MR. KLAPPER: I have a C of 0 on the entire thing which says, the best I can recall, says a house, a cottage, with the cottage on the second parcel, and there's a C of 0 on that. MR. CHAIRMAN: In other words, the original C of 0 said that, referred to this studio as a cottage? MR. KLAPPER: Yes. MR. CHAIRMAN: All right. I thank you very much, Mr. Klapper. MR. KLAPPER: Thank you. MR. CHAIRMAN: Do you have anything to add to that, Mr. Cuddy? MR. CUDDY: If it would help the board, we could submit an affidavit indicating the date of construction the best we can determine it, for the smaller dwelling which is on the second lot. We believe that dwelling has been there for years prior to the zoning ordinance. They have a preexisting use certificate as indicated on the existing larger parcel, and on the basis that we can do so, I think that would support the preexisting use. MR. CHAIRMAN: Would you like me to close the hearing then after further testimony, and then you'll give us that some time later? MR. CUDDY: Yes. ~ MR. CHAIRMAN: Ok. So then therefore when I do close th~ hearing I'll close it pending that particular receipt. BUILDING INSPECTOR LESSARD: Mr. Chairman, if I may throw some light on the whole thing. Originally, the first piece was bought in 1967, '66. The second piece was bought in 1967. The third piece was bought in '72 I believe, and the people got a set-off, I believe that's what you're referring to with your 280-A, at the time that second building originally was an art studio, and in 1975 a'building permit was obtained and a C.O. that it converted to a cottage. And that's where it stands. He has a C.O. for that as a cottage. It was converted from an art studio as it was so-called originally way back. Before zoning by the way. MR. CHAIRMAN: Could you furnish us with a copy of that, Mr. Cuddy? Is that what you can't find, Mr. Klapper? Southold Town Board ppeals -16- Septc (Appeal No. 3267 - CONSTANCE KLAPPER, continued:) MR. CUDDY: The C.O.? This is a copy of for the purpose of the record, Z6523, June 13, one-family dwelling with accessory garage and hand this up to the board. 3, 1984 Regular Meeting the Certificate of Occupancy 1975. It says, "Private a studio cottage." I'll MR. CHAIRMAN: Is that a copy that we can keep? MR. CUDDY: Yes. MR. CHAIRMAN: Thank you. (Copy of Z6523, June 13, 1975 Certificate of Occupancy submitted as part of the record.) MR. CHAIRMAN: Is there anybody else that would like to speak in behalf of this application? Would anybody like to speak against the application? Questions from board members? (None) Anything else, Mr. Lessard? B.I. LESSARD: No. MR. CHAIRMAN: Thank you for your input. B.I. LESSARD: To make it so there's no confusion because the property was bought at three different times, the people that owned it was under the impression that they had three separate lots, ok, and at the time the studio was on a second lot but it was purchased at a different time, that's why they were under that impression. And then they merged together, and that's when they found out they didn't have what they thought they did. MR. CHAIRMAN: Can I just ask you, Mr. Lessard, what is your deter- mination of studio and guest cottage as being a part of this C.O. What are your feelings concerning this, as a permanent structure? B.I. LESSARD: As the plans were submitted, the building permit indicated to be a yearround dwelling, and I believe in '75 the 850 sq. ft. requirement was not in effect, so probably that's why it is the size that it is. Actually it is a second dwelling, period. You know, call it a cottage because it's small, but it is actually a one-family dwelling. MR. CHAIRMAN: I hope you don't mind this interrogation, but we are just trying to get the history on this, which you would only get this way if we couldn't have this discourse. We would still be confused. Did you want to say something, Mrs. Klapper? MRS. KLAPPER: I just wanted to add that when we purchased the property there was someone living in the studio. They left, and we used it for one summer, and then since them it for about the last six years, a school teacher has been living there and she was living with her son who just went off to college. MR. CHAIRMAN: Thank you very much. Are there any other questions from anyone concerning this application? (None) Southold Town Board o~ppeals -17- Septembel3, (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 concerning this structure or cottage. 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, Doyen, Grigonis, Douglass and Doyen. This resolution was adopted by unanimous vote of all the members. 1984 Regular Meetin~ 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 DOMALESK! for Variances: (a) to New York Town [aw, Section 280-A ~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; 1000-095- Ol-part of ll. 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 so~e great length, and Lot #1 containing 1.949 acres and Lot. #2. of.2.05$~acres,~.. and I have a copy of the Suffolk County Tax Map indicating t is 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 NO. ~ TOWN OF $OUTHOLD BU'~ .riliNG DEPARTMENT Town Clerk'a Office Southold, N. Y. Certificnte Of OCcupancy No..~..6~.23 ..... Date ........... THIS CERTIFIES that the building located at . .B, O,~,. N./S. ~ gen..Road Street Map No.. ~ ....... Block No..~ ..... ~t No..~...~goho~.~ .N,~, ........ confor~ subst~tially to th~~od* db~lt before ~~o~ at~ ........... Ap~ .2~ .... , 19. ~7. p~su~t to which ~Y dated ...........J~e .. ~3 .., 197.~., w~s issued, ~d confoms to ~ of the req~ ments of the applicable pro~sio~ of the law. The occup~cy for wMch ~sued ~ . Pr. iva~ .o~..f~y. d~elling..~ith, accessor~ .gar~e. & .st~cotta~+ The ce~ificate ~ ~sued to .Lo, se. ~ltz~gh .... ~ ............................ (owner, lessee or ten~t) of the aforesaid b~ldMg. Suffolk County Department of Health Approval pre~ .existing .................... UNDERWRITERS CERTIFICATE No. pre-..exie.ti~g ............................. HOUSE NUMBER ...330~} ...... Street . R.0.W....off..~rgon .Ro£d... gutcha~e. Me~l~randum from.... Southold Town Board of Appeals TOWN HALL, $OUTHOLD, N.Y. 11971 765-1809 Date: 10/15/84 To: From: MEMORANDUM FOR THE FILE: Per information received from Mr. Klapper, the studio/cottage building contains a total of approximately 400 sq. ft. with 240 sq. ft. on the first floor. lk TOWN OF SOUTHOLD~ NEW YORK ACTION OF THE ZONING DOA~D OF APPEALS Appeal No. 2232 Dated December 6, 1976 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Constance Klapper P.O. Box 291 Cutchogue, NY 11935 Appellant at a meeting of the Zoning Board of Appeals on December was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 22~ '1976. the appeal· 1. SPECIAL EXCEPT/ON. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed ~,cause '8:20 P.M. (~.S.T.) 'Upon application of Constance Klapper, P.O. Box 291, Cutchogue, New York for a variance in accordance with the Zoning Ordinance and the Town Law, Section 280A for approval of access and lot with insufficient width. Location of property: private right-of-way, north side Oregon Road, Cutchogue, New York, bounded on the north by Long Island Sound; east by David Digman; south by now or formerly Zuhoski; west by now or formerly Shelley. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE' and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ZONING BOARD OF APPEALS After investigation and inspection the'Board finds that the applicant requests permission to set off lot with insufficient width and approval of access, private right-of-way, north side Oregon Road, Cutchogue, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. ~HEREFORE IT WAS RESOLVED, Constance Klapper, P.O. Box 291, Cutch~gue, New York be GRANTED permission to set off lot with in- sufficient width and approval of access as applied for, subject to the following condition: The applicant shall improve the-right-of-way from Oregon Road to the property which is being set off'with 6" of' bank run, scarified, with a width of 15' to accommodate emergency vehicles. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. C. - $OUNP HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. SLaY Southold, N.Y. 11971 OCT 1 TELEPHONE 765- 1938 September 6, 1983 Mrs. Constance Klapper P.O. Box 291 Cutchogue, New York 11935 Dear Mrs. Klapper: We acknowledge receipt of your letter dated July 30, 1983 and have reviewed the various correspondence you delivered to our office. Please be advised this office has no record that the three lots designated on your survey were ever approved by our Board. If you wish to proceed with the approval of the three lots as indicated, a complete subdivision application will have to be submitted to this office. I have enclosed all necessary forms to be completed. If you have any questions concerning the above, please feel free to contact our office. Encls. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan'E. Long, Secretary AUG 9 REC'D Constance Klapper P.O. Box 291 Cutchogue, N.Y. 11935 July 30, 1983 Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Main Road Southold, N.Y. 11971 Dear Mr. Raynor: On July 21, 1975 I purchased our property, subdivided as per the enclosed survey. (See Survey ~1). In August of 1977, I sold the Easterly most acre John and Mary Ellen Connolly. to In the Spring of 1978, I cut through new driveways and contoured the land to completely separate my remaining two parcels from each other, as the Easterly acre contained the guest house which has been rented since I purchased the property. (See Survey 3). Just prior to the passage of the two acre zoning, I sold the EAstern acre to my husband, Murray Klapper, to pre- vent the merger of the two parcels. (See Survey ~1, Deed dated 4/19/83 and Notice of Change of Assessment). At the time of that sale, we wanted the Eastern parcel to include an additional piece of property from the larger parcel. (See Survey 2). Because of the imminence of the two acre zoning, there wasn't time to have this piece added to the original acre. We would now like to have permission to increase the size of the original acre, as shown in Survey 2. Thank you for your prompt consideration. Enclosures Sincerely, Constance Klapper HENRY E. RAYNOR, Jr.. L7~airman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. T' LD Southold, N.Y. 11971 February 17, 1984 TELEPHONE 765- 1938 Constance Klapper P.O. Box 291 Cutchogue, NY 11935 Dear Mrs. Klapper: This letter is to inform you of the action taken by the Southold Town Planning Board at the regular meeting on February 13, 1984. RESOLVED that the Southold Town Planning Board recommends that Constance Klapper petition the Town Board for relief under Local Law 11, or apply to the Zoning Board of Appeals with regard to the m~nor subdivision located at Cutchogue, which contains undersized lots. If you apply to the Zoning Board of Appeals, please see the Building Inspector first for a denial and the proceedure for applying. If you have any questions, please contact this office. y truly yours, ~ B .NRY , ., SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Zoning Board Town Board TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 DEC 1 December 9, 1983 Mr. Henry Raynor Chairman, ?lanning Board Southold Town Hall Southold, NY Re: Constance Klapper Minor Subdivision Dear Henry: The history of this property, as best as I could trace, is as follows: property was originally owned by a Ms. Faulding who sold to Mr. Dignan on 6/20/62. Mr. Dignan also bought the adjacent par- cel from Mr. Zuhoski on 1/4/63. Mr. Dignan sold parcel #1 to Ms. Fitzhugh on 11/13/67; parcel #2 on 7/25/69. Ms. Fitzhugh sold parcel #1 & #2 to Constance Klapper on 6/12/75. On 4/22/76, Murray Klapper filed with the Z.B.A. for a one acre "set-off" on the south end and this was granted, along with 280a approval. The "set-off" was sold to Mr. Connelly on 8/10/77. On 4/10/83, Ms. Klapper sold what was left of what she con- sidered as lot #2 to her husband, Murray Klappero My determination, based on the above information, would be that even though Ms. Klapper purchased those "parcels" of prop- erty at different times; this doesn't legally make it a sub- division. What the Klapper's have or had was 4.4 + acres of property which legally had one acre set-off and soTd. They now have 3.4+ acres of property and one lot. The possible answer might be application of a Minor Sub- division (considering the fact that two habitable dwellings now exist on this property) by following procedures set up for ?lanning Board and Board of Appeals applications. Hoping this has been more helpful than confusing, I remain, Very truly yours, Victor Lessard Executive Administrator VL:ec xc Mr. & Mrs. Murray Klapper HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. P ¸D Southold, N.Y. 11971 TELEPHONE 765 - 1938 December 7, 1983 Mr. Victor Lessard Building Administrator Southold Town Hall Southold, New York 11971 Re: Constance Klapper Minor Subdivision Dear Mr. Lessard: We are presently reviewing an application for a two- lot minor subdivision filed under the name of Constance Klapper; the southerly parcel was sold to John and MaryEllen Connolly in 1977 as a result of approval by the Zoning Board of Appeals for a set-off. Prior to any action of our Board, a physical inspection of the property was made. An inspection report was given at our regular meeting, November 21, 1983, noting there are two existing buildings on the parcel, a main residence and a studio which appears to be used as a second dwelling. We would, therefore, advise the Building Department that a pos- sible violation exists on this property and request any infor- mation you might have in your files so that we may proceed with this application accordingly. Thank you for your cooperation. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Constance Klapper By Susan E. Long, Secretary ESSEKS, HefTEF~, CUDDY ~ ANGEL September 21, 1984 Gerard P. Goehringer Chairman Zoning Board of Appeals Town of Southold Town Hall Southold, New York 11971 Dear Mr. Goehringer: In connection with the application of Constance Klapper, enclosed herewith please find affidavit of Mrs. Klapper and an affidavit of Lucille Zuhoski regarding the subject premises. Would you please review the enclosed affidavits and advise if any further documentation or appearance before the Zoning Board of Appeals is necessary in regard to this matter. Very truly yours, Charles R. Cuddy !7 CRC/glm encls. STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) LUCILLE ZUHOSKI, being duly sworn, deposes and says: That she resides on Oregon Road, Cutchogue, New York, and is the owner of property adjacent to that of Constance Klapper, located on Private Road, Cutchogue, New York. That she knows of her own personal knowledge that the cottage on the 1.2 acre parcel of real property owned by Constance Klapper has been in existence for more than 20 years. (Lucille Z uhgS~ki ) Sworn to before me this /~-~/day of September, 1984. BAR~AgA C. 80NER Qualified [~l Suf'~oli( County Cernmisaion Ex,oire$ March 30, 1985 STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS,: CONSTANCE KLAPPER, being duly sworn, deposes and says: That she is the owner of real property located on Private Road, Cutchogue, Town of Southold, County of Suffolk and State of New York, which property is the subject of a variance application before the Zoning Board of Appeals of the Town of Southold regarding lot size and floor area for a cottage located on the 1.2 acre portion of said real property. That she acquired the subject premises approximately 10 years ago and the Certificate of Occupancy for the subject premises reflects the main dwelling on the 2.2 acre parcel and the cottage on the 1.2 acre parcel. Your deponent at all times understood that each parcel was separate and that each of the dwellings were recognized dwellings duly conforming to the requirements of the Town of Southold. That the cottage is a year-round dwelling, has its own heating and plumbing system, including separate septic system, and has been used as a dwelling continually for more than 20 years. The Building Department of the Town of $outhold documentation reflects the division of the property and the separate sale of each of the parcels in question and the continuing use thereof as residential parcels. That your deponent has received from the Planning Board of the Town of Southold its recommendation to the Zoning Board of Appeals that the application of your deponent be approved. That your deponent submits with this Affidavit the Affidavit of Lucille Zuhoski confirming the existence of said cottage for more than 20 years. That your deponent respectfully requests that her application for the area variance as to the lot size of the 1.2 acre parcel and the floor area variance of the cottage on said 1.2 acre parcel be approved by the Zoning Board of Appeals of the ~wn of Southo~d. (Constance Kl~p~9~]' Sworn to before me this day of September, 1984. Southold, N.Y. 11971 (516) 765-1938 August 28,1984 Gerry Goehringer Chairman Board of Appeals Southold Town Hall Southold, NY 11971 Re: Constance Klapper Dear Mr. Goehringer: The following action was taken by the Planning Board at the regular meeting of August 27, 1984. RESOLVED that the Southold Town Planning Board recommend to the Board of Appeals that the application of Constance Klapper be approved. It was also noted that any approval by the Planning Board will be subject to covenants and restrictions as to no further subdivision of any lot in the future. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN THOLD TOWN PLANN!N~BOARD By Diane M. Schultze, ~ecretary cc: William Esseks, esq. Linda-~ --~g~ the following proposals At the Plan Board's 8/27 meeting involving ZBA were discussed: Patterson-field inspection prior to action/recommendation Mileska- resolution to recommend that proposal not conforming to two-acre zoning, however, other lots are small in the area. 1/~apper- resolution recommending approval proposal, of this requested covenants and restrictions as no to further subdivision of any of the lots in perpituity. ~y-resolutlon to recommend approval, with a request that consideration be given to leaving the trees on the property. (see new maps regarding this with 2 lots and a 25' right-of-wayi Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEFIRINGER, CFIAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH FI. SA~/ICKI TO' Southold Town Planning Board DATE: August 3, 1984 SUBJECT: Confirmation of New Applications Involving Planning Board This letter will confirm that our office has received the following applications, which are being held temporarily in abeyance pending ~l[t]~-" review by and response from your department elements within your jurisdiction (in accordance with Chapter Al06 - Subdivisions): Appeal No. 3277 - Appeal No. 3274 - Appeal No. 3273 - Appeal No. 3272 - Appeal No. 3268 - Appeal No. 3266 - L~kppeal No. 3267 - Marie Patterson - Gr. Peconic Bay Blvd, Laurel Best, Schmitt, Syverson - ROW off Camp Mineola Road, Mattituck. Academy Printing Services - Horton Lane, Southold. Ernest G. Curran Rabbit Lane, East Marion. J. Katharine Tuthill Old Harbor Road, Cutchogue "C-Light Industrial" Zoning District. Antone and Jean Mileska - Marratooka Avenue, Mattituck. Constance Klapper (change of lot line to increase size of smaller lot, subdivision grandfathered 9/80) ROW off Oregon Road, Cutchogu~. Please provide us with copies of correspondence concerning actions by your board to keep our file up-to-date. Thank you for your cooperation. Southold Town BOard of Appeals MAIN EEIAD- 8TATE ErlAD 25 SDUTHI3LD, L,I., N.Y, llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI July 31, 1984 William W. Esseks, Esq. Esseks, Hefter, Cuddy & Angel 108 East Main Street, Box 279 Riverhead, NY 11901 Re: Appeal No. 3267 - Constance Klapper Dear Mr. Esseks: This letter will confirm that the following action was taken by the Board of Appeals at its Regular Meeting held July 26, 1984, concerning the above matter: RESOLVED, that the matter of Appeal No. 3267, application for CONSTANCE KLAPPER, for a variance to the zoning ordinance in this proposed re-division of land, BE AND HEREBY IS HELD TEMPORARILY IN ABEYANCE, pending an application to the Planning Boardand receipt of comments or preliminary approval, before scheduling this matter for a public hearing. Upon receipt of same, this matter will be scheduled and advertised for a public hearing at the eanliest possible date. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN cc: Planning Board Building Department By Linda Kowalski Z.Z~ OP P~ ©PE~ dec. o~s, si. / r BOO'=/~ %, EN, pursuant to Section 267 of the Town Law and the Pro- visions of the Amended Code of the Town of So~,d, · Regular Meeting and the following matter~ ,wil~i~e heht for Public ~ ~]~Y. the So.old Town ~of Ap. pe~ on T~ItSDAY,. S£P- menc- · Road~ So~', i~qY' and as 7:30 p.m..~plicntion for _HENRY P. ~ for appmv- .al of two pa~ With insuf- ficient area alid'width i~ this B-1 Business Zgning Diah'ict, Article I~, Section 100-~/~ of the Zonh~g Ordnance.. P/oPer: ty tocetion: ~'~i~.', of Peconic Lane, P~.~' RO61~l~ MUKZ, 'l~x 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 ParceINo. 1000-140- 03-038 (Owners~ J. and M0isa). 7:45 p.m. Application of J.P. HUBEP, bIAN~ 2 Linda Lane, Se~auket, NY (by I, Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-30{C) for permission to establish home occq/)ancy, 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. 059-03-023. 7:55 p.m. Application of FRED H. AND .GEORGIA LAMBROU, One Canaan Close, New Canaan, CT 06840 for a Variance to the Zoning Ordinance, Article Ill, Section 100-32 for permission to locate accessory garage - 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. Appl/catinn of PATRlCIA AND REINER LOLLOT, 2345 Plum Island Lane, Orient, NY for a Var- lance to the Zoning Ordinance, Article X1, Section 100-119- I(A) for permission to erect fence exceeding the maximum four-foot 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 No. 1000-015- 05-024.11. /'~:05 p.m. Application of CONSTANCE KLAPPER, Box 291, Cutchogue, NY (by Es- seks, Hefter, Cuddy & Angel) for a Variance to the Zoning Ordinance, Article HI, Section .., 100-31, for aoproval 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, Cntchogue, NY; County Tax Map Parcel NO. 1000-83-02- 005. 8:10 p.m. Applicatin· for HENRY DOMALESKL 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 la·d, and (b) to New York Tow· Law, Sec- tion 280-A for approval of access. Location of Property: Private Right-of-Way off the North Side of Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 100-095-01- part of 011. 8:15 p.m. Application of THOMAS AND JACOUELINE OCCHIOGROSSO. 77 Vander- ' hilt Bulevard, Oakdale, NY (by Scheinber~. DePetris & Pru- COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricio 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 successively, commencing on the ............ ..~..?...~... ............ .................... ~ 3-~'/ Sworn to before me this ................................ day of .......... ~...~.. .............. , 19....[.*..?. Augus~ 23, 1984 The Suffolk Times LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Cede of the Town of Southald, a Regular Meeting and the following matters will be held for public hearings by the Southold Town Board of Appeals on THURSDAY, SEP- TEMBER 13, 19~4, commenc- ing at 7:30 p.m., at the Southold Town Hall, Main Read, Scuthold, NY and as follows: 7:30 p.m. Application for HElq~Y P. SMITH for approval of two parcels with insufficient . srea and width in this B-1 Busi- ns~ Zoning District, Article IH, Section 100-31 of the Zoning Or- dinance. Property Location: Wezt Side of Pe~onic Lane, Peconic, NY; 1000-74-5-2 and 3 (9.2). 7:35 p.m~ Application of ROGER MUNZ, Box 567, Laurel, NY (by C~'~innle & C~- dinale, Esqs.) for a Variance for reli~ from Condition No. 7 and the May 27, 1983 decisions re~ ndered in Applications No. 3100 a~d 3101. Property Lo~ation: 13175 Main Road, Mattituck, NY; County Tax Map Parcel No. 100o-140-o34)38 (Owners: 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 Variancein the Zoning LOT, 2345 Plum Island Lane, Orient, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-119-1(A) for permis- sion to erect fence exceeding the msximum four-foot height re- qnirement along frontyard area of this vacant parcel, 1120 Ryder Farm Lane and Uhl Lane, Orient; Orient-By-The-Sca Filed Map 6160, Lot 157: County Tax Map parcel No. 1000-015,0~. 0~.11. ~ 8:05 p.m. Application of CON- STANCE KLAPPER, Rex 291, Cutchogue, NY (by Esseks, Hef- ter, Cuddy & Angel) for a Vari- ance to the Zoning Ordinance, Article III, Section 100-31, for ap. proval of insufficient area of lot in this proposed twc-lot division (redivision) of land and for ap. proval of insufficient livable floor area of existing principal build- ing. Location of Property: 3300 Dignans (private) Read, Cutch- ogue, NY; County Tax Map par- cel No. 1000-83-02-005. .~,, 8:10 p.m. Application for gon Read, Cutehogue, NY (by A. Wick]mm, Esq.) for Variances: (a) to the Zonln~ Ordinance, Ar- ticle HI, Section 100-31 for ap- proval of insufficient width of two propesed parcels in this divi- sion of land, and (b) to New York Town Law, Section 280-A for ap- proval of access. Location of Property: Private Right-of-Way off the North Side of Oregon Read, Cutchogue, NY; County Tax Map Parcel No. 1000-095- 01-part of 011. 8:15 p.m. Application of THOMAS AND JAC- QUELINE OCCHIOGROSSO, 77 Vanderbilt Boulevard, Oak- dale, NY (by Scheinberg, DePet- ris & Pruzansky) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval' of the construction of a new one- family dwelling w/th an insuffi- cient frontyard setback of 12 1/2 feet (reduction of that granted under Appeal No. 3031 1/27/83). Location of Proparty: 1580 Corey Creek Lane, Scuthold, NY; Corey Creek Estates Filed Map No. 4923, Lot 28; County Tax Map parcel No. 1000-78-04-019. 8:25 p.m. Application of ROBERT ENTENMANN, 65 Meadow Farm Read, East Islip, NY (by A. Wickham, Esq.) for a Variance to the Zoning Ordi- nance, Article Ill, Section 100- 31, Bulk Schedule, for approval of insufficient area and width of parcel to be set-off in this prop- osed three-lot subdivision of land located at the north side of Scund Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-112-1- 7. Persons desirin~ to be heard may do ~o in person, in writing, or-by representative. For addi- tional information, please con- tact our office. Dated: August 14, 1984. =f Greenport, in ~s that he/she is ·. IMES, a Weekly port, in the Town and State of New ich the annexed is larly published in reek for one Igonthe 73~ 19 $4 ,al Clerk 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 '~,~,,,L~ Mr. Roger Munz ~cv ~': ~,~,,~,~,~ 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 ~,.~,_ ~ for Co~stance 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 CLERK REGISTRAR OF VITAL SI,\IISII(S OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 9, 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 ~ppeal No. 3267 application of Constance Klapper 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. ~J~dith T.-Terry ~ Southold Town Clerk~ ( S]AI~ DEPARtMENt OF ENVIRONMENIAL (ONSE PERMIT lION r PERMIT NO, 10-84-0369 UNDER IHE ENVIRONMENEAL CONSERVATION /AW j ARTICLE 15, (Protection of Water) [] ARTICLE 25, (Tidal Wetlands) ARTICLE 24, (Fresbwaler Wetlands) [] A[!IICLE 36, (Construction in Flood Hazard Areas) 'i RMIT ISSUED TO Constance Ktapper : iDRESS OF PERMITTEE 3300 Dignans Road, Box 291, Cutchogue, NY 11935 ~CATION OF PRO~ECT (Section of slream, tidal wetland, dam, building) Rlgh~f~of-way dff--Oreg~-'Road, right-oJ:-way is ~?proximately 500' west of Cox Lane, Long Island Sound, Cutchogue i~ CRIPTION OF PROJECT l~bdivide 3.4 acres into two parcels (Parcel #1 = 2.2 acres and Parcel #2 = 1.2± acres) as per i2/20/83 survey by Roderick Van Tuyl. ~)MMUNITYNAME(City, Town, Village) "~tchogue ~UNTY ~ffolk ...... I(.)WN Southold ;. The permiltee shall file in the office uf the appropriate Regional ,nptly in writing of the completion of the work. ~. The permitted work shall be subject to inspection by an authorized ~ Any material dredged in the prosecution o( the work herein permitted d ut lhe waterway or flood plain or deep holes that may have a lendency Io the locality shown on the drawing hereto atlached, and, il so prescribed , ~ ,an, within or behind a good and substantial bulkhead or bulkheads, such ;i herein authorized. / That if future operations by the Stale of New York require an alteration 'i~e position of the structure or work herein authorized, or if, in the opinion health, safety or welfare of the people of the State, or loss or'destrudinn the natural resources of the State, lbe owner may be ordered by the Depart- reby without expense to the State; and if, upon the expiration or revocation this permit, the structure, fill, excavation, or other moditicalion of the ,t~rcourse hereby authorized shall not be compleled, Ihe owners shall, : ilion lhe navigable and flood capacity of Ihe watercourse. No claim shall (9/75) (SEE REVERSE SIDE) GENERAL CONDITIONS 8. Thai lbo Stale of New York shall in no case be liable for any damage or injury ~o the structure or work herein authorized which may be caused by or resull from fulure operations undertaken by the State for the conservation or 9. Ehal if lhe display of lights and signals on any work hereby authorized is nnt olh~.rwise provided for by law, such lights and signals as may be pre- scribed by Ihe United States Coasl Guard shall be installed and maintained 10. All work carried oul under this permit shall be performed in accor- cominue, rescind or modify this permit in such a manner as may be found to be jusl and equiJable. If upon lhe expiration or revocation of this permit, the modification of lhe wetland hereby authorized bas not been completed, the remove ail or any portion o( the uncompleled structure or fill and restore the 12. This permit shall not be construed as conveying to the applicant any right In trespass upon the lands or interfere with the riparian rights of others to perform the permitted work or as authorizing the impairment of any rights, lille or imeresl in real or personal property held or vested in a person not a t3. the permittee is responsible for obtaining any other permits, al~ pfovals, lands, easements and rights-of-way which may be requked for this t4. If granled under Article 36, this permit is granted solely on ,he basis Part 500 of 6 NYCRR (Construction in FI~,.Od Plain A~eas havin$ Special Flood Hazards -- Building Permits) and in no way signifies that the projecP'will be free from flooding. 15. By acceptance of this permit the permittee agrees that the permit is conlingeal upon strict compliance with Ihe special conditions on the reverse si~e. SPECIAL CONDITIONS SEE ATTACHED CONDITIONS A - J PERMITISSUEDATE May 17, 1984 PERMIT AOMINISTRATOR I Daniel J. Bldg. 40, SUNY--Room 219 Stony Brook, NY 11794 me DEC # SUPPLEmeNTarY SPECIAL CO~ITIO[!S The following conditions apply to all permits: If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address and telephone noted below. A copy of this permit or approval and approved project plans and supplement- ar¥ conditions shall be available at the project site whenever authorized work is in progress. The permit sign enclosed with the permit or a copy of approval letter shall be protected from the weather and posted in a conspicious location at the work site until completion of authorized work. At least 4~ 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. Uithin one week of completion of the permitted work the bottom portion of that form shall also be completed and raturned. For projects involving activities to be accomplished over a period or more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours to the commencement of resumption of work aach year. If project design modifications take place after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require submiss- ion of a new application for permit. All necessary precautions shall be taken to preclude contamination 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, l.~ 12242, which may be required fc~ any encroachment upon State-owned lands under water. ~egional Permit Administrator ITYS Department of Environmental Cons. '-~' Bldg. 40, SUNY--Room 219 Stony Brook, t~f 11794 (516) 751-7900 10-84-0369 New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted on this site. For further informa- tion regarding the nature and extent of work approved and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Regional Permit Administrator Daniel J. Larkin 10-84-0369 December 31, 1985 ~ Permit No. Expiration Date NOTE: This notice is not a permit NEW YO~' STA~E ~PAKT~NT OF ENVI~ONI~NTAL CONSERVATION Bu/ld~n$ 40, S~a~ D~Lversity of New York Storey Brook, N~w York 11794 516-751-7900 May 17, 1984 Ms. Constance Klapper 3300 Dignans Road P.O. Box 291 Cutchogue, NY 11935 RE: 10-84-0369 Dear Ms. Klapper: In conformance with the requirements of the State Uniform ProCedures Act (Article 70, ECL) and its implement~ug P. egulations (6NYCT.~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 1~$ulatory Affairs Office, NYS Department of Environmental Conservation, State University of New York at Stony Brook, Building 40, Stony Brook, New York 11794. Also enclosed is a perm/t sign which you are to conspicuously post at the project site, protected from the weather. DJL:ll g~cle, ESSEKS, HEFTeR, CUDDY ~ ANGEL COUNSELORS AT LAW RIVE~HEAD, N ¥ H90I June 26, 1984 WATER MILL OFFICE MONTAU K HIGHWAY P 0 Box 570 Board of Appeals Town of Southold Town Clerk's Office Main Road Southold, New York 11971 Dear Sirs: In connection with the property owned by Constance Klapper, enclosed herewith please find the following: 1. Notice to Adjacent Property Owner with Affidavit of Mailing completed and certified receipts attached. 2. Environmental Assessment Form Be Copy of Notice of Disapproval from the Building Inspector of the Town of Southold. 4. Questionnaire 5. Copy of DEC Notice, Permit and accompanying documents. 6. Four copies of survey showing proposed division 7. Original and two copies of application which have been signed by Constance Klapper. Se Our firm check made payable to the Zoning Board of Appeals in the amount of $50.00 representing the filing fee. Would you please place this matter on the ajenda for the next meeting of the Zoning Board of Appeals and advise this office accordingly. WWE/glm encls. Very truly yours, William W. Esseks June 6, 1984 ~E: V1000-83-2-6.3 ~1000-83-2-~.4 To Whom It May Goncern: I have been a licensed Realtor on the North Form for twenty (20) years. As such, I am familiar with land values and sales along the Sound in Cutchogue. It is my opinion the Main Mouse on 2.2 acres would have a Fair Market Value in Lhe range of Four-Hundred to Four-Hundred FifLeen-Thousand Dollars ($400,000 - $415,000). The small "~' Frame building on 1.2 acres would have a Fair Market Value in uhe range o£ One-Hundred g~ghty-Five Thousand to One-Hundred Ninety- Five Thousand Dollars ($185,000 - $195,000). However, if the proper=y were to be sold as one parcel, ~he total value would ~e significantly reduced. The Fair Market Value would then be in the range of Four-Mundred Seven,y-Five Thousand to Four-Hundred Ninety-Thousand Dollars ($.2~,000 - $490,000). This opinion is based on comparable sales in the area as well as a knowledge of demand for Soundfront properties. Yours ~ruly, PD~:j~ Pauline O'gmo Broker BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of CONSTANCE KLAPPER to the Board of Appeals of the Town of Southold TO: DANIEL C. SHELLEY JOHN CONNOLLY JOHN ZUHOSKI, JR. 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 (Variance) (Special Exception) (Special Permit) (Other) [circle choice] c' 2. That the property which is the subject of the Petition is located adjacent to your property and is des- Zuhoski & Shelley; and WaRe hy T.n~ Tnlan~ gO,md 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: Lot size & floor area variance 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article TTT Sect_ton 100-31 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine the same during regular office hours. (53.6} 7~5-1809. 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: May 22, 1984 ~ _~.~ /~ Petitioner (ConstancL/fKla pper) Post Office Address p C) Rn× 291 CutchoKue, New York 11935 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Daniel C. Shelley PO Box 753, Cutchogue, New York 11935 John Zuhoski, Jr. John Connolly North Road, Cutchogue, New York 11935 Box 590E, Hulse Ave, Wading River, New York 11792 :poses and'sa~s that o~ the~6 ~ day of ~ ~ ~ ,19 ~4 ,deponent ~u ...... opyofthe Notice set forth on the re- verg~ide hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current ass~sment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- ficeat Riverhead: New York (certified) (~ mail. Sworn t~;~b,efore me this c day / N~Jary Public ; that said Notices were mailed to each of said persons by (Gene L. May) ~ SHORT ENVIROh%IENTAL ASSESSMENT FOP~M INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available ir. formation concerning the project and the likely impacts of the action, It is not expected that additional studiee~ research or other investigations will be %undertaken. (b) If any question has been answered Yes the project may be siglliflcant and a completed Envirorunental Assessment Form is necessa~/, (c) If all questions have been answered No it is likely that this project is no.._~t significant. (d) Enviror~ental Assessment 1. Wi_Il project result in a large physical change to the project site or physically alter more than 10 acres of land? ....... , , 2. Will there be a major change to any unipue or unusual land form found on the site? 3. Will project alter or have a large effect on an existing body of water? . · o , · &. Will ~roJect have a potentially large impact on grounowater quality? · · · · , · · 5. Will project significantly effect drainage flow on adjacent sites? . , , . . . . , 6. Will project affect any threatened or endangered plant or anJ_mal species? . . . . , . . 7*Will project result in a major adverse ef£ect on air quality? . . · . . . . · . $. Will project have a ~Jor effect on visual char- acter of the community or scenic views or vistas known to be important to the community? . . . 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environment, al area by a local agency? . · · Yes X No 10. Will project have a major effect on existing or future recreational opportunities? · · · Yes ~ No ll. 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 project's operation? . Yes X No 13. Will project have any impact on public health or safety? ......... , , , , Yes X No lt. Will project ~ffect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-yea~ period o__r have a major negative effect On the character of %he com. munity cr neighborhood?.. Yes ~ No 15· Is there public contrcvers7 concerning the project? Yes X No Yes X No Yes X' 'No Yes ~ No Yes X No Yes X No Yes X No Yes X No Yes X No (, 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. [ ] I. IX] 2. [ ] 3. [X] 4. [ ] 5. [ ] 6. [ ] 7. Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property £X ] 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 IX ] 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. 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). 10/831k Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Notice of Determination of Non-Significance August 14, 1984 S.E.Q.R.A. NEGATIVE ENVTRONMENTAL DECLARATION APPEAL NO.: 3267 PROJECT NA~IE: CONSTANCE KLAPPER 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 Sou~hold. 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 ]0t size/f]0or area of cottage. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Dignans Rd., Cutchogue, NY; County Tax Map No. 1000-83-2-5. 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) rfhe premises in question is at an elevation of qO or more feet above mean sea level. (3) The relief requested is a setback or lot line variance whcih does resuire ~u~h~rnrocessin~ under "Type II" Actions of the State End, Quality not = FOR PONTHE~ INFORMATION, PLEASE CONTACT: Linda Kowals~i, Secr~taeVr~w acv. 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. 50UND TOW~ O~: ~;OUTHOLD P~OPERTY RE¢OR~ ~ ~ . [ TYPE Mk abe souNO ;CH. D. 9. *7.2 2.5 A(e-- ,,?/'5 ixtcl