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HomeMy WebLinkAbout3217 Berge~ Ave "/~' · _M~ a t?__it uck__~ NY wn Board of Appeals ~ TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 32]7 Application 'Dated February 2, TO: Abigail A. Wickham, Esq~ 1984 (Public hearings for JOSEPH A. WANAT Wickham, Wickham a~d Main Road, Box 1424 Mattituck, NY 11952 as Attorney Bressler, P.C. 7/26/84 & 11/15/84) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on N0vember 15, 1984, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section IX] Request for Variance to the Zoning Ordinance Article III, Section ]00'3] [ ] Request for Application for JOSEPH A. WANAT, c/o A. Wickham, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient width of parcel to be set-off located on a private right-of,way at the north side of Bergen Avenue, Mattituck, NY; County Tax Map Parcel No. 1000- 112-01-016. The board made the following findings and determination: This is an appeal from Article III, Section tO0'31, Bulk Schedule of the Zoning Code for approval of a lot width of 156.60 feet along a private right-of,way in this proposed set-off (diWsi°n) of land, Which will contain 2.74± acres. Parcel 1 will comprise of the remaining 107.6± acres (inclusive of the right-of-way which is also owned by the applicant). The board members are familiar with the premises in question as well as the general neighboring parcels. It is the opinion of the board that the relief requested is not substantial, being 15±% of the 175-foot width requirement. This parcel as proposed will conform with the lot area and lot depth requirements of the code. The right-of-way in anticipated improvements of this board, Appeal Not 280-A. question is pending acceptance as to in accordance with the July 3, 1984 decision 3246, pursuant to New York Town Law, Section In considering this appeal, the board has also determined: (1) that by allowing the variance, no detriment would be created affecting adjoining properties; (2) that no adverse effects will be produced on available governmental facilities of any increased population; (3) the variance will be in harmony with and promote the general purposes of zoning; (4) the circumstances of this appeal are unique; (5) the relief requested will be in harmony with and.promote the general purposes of the zoning ordinance; (6) that the interests of justice will be served by allowing the variance, as indicated below. (CONTINUED ON PAGE TWO) DATED: November 27, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3217 Matter of JOSEPH A. WANAT Decision Rendered November 15, 1984 Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested in Appeal No. 3217 for JOSEPH A. WANAT for approval of insufficient lot width of proposed parcel 2, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING: 1. That there be no further lot width reduction, front, side, rear yard setback reductions, to less than by the zoning code; or lot area, that required 2. New York Town Law, Section 280-A, and conditions as imposed by this board concerning this right-of-way extending from the north side of Bergen Avenue to proposed Parcel 2, as follows: (a) The subject right-of-way must be improved and cleared of all brush or other obstruction a minimum width of twelve feet in the following manner: [1] Remove topsoil and loam for a depth of one foot; [2] Replace topsoil and loam with a good grade of clean fill; [3] Place a six-inch base course of bankrun with 20% of gravel and 15% loam content, or equal, on the replacement material; [4] Place a two-inch top course of 3/4" stone blend on the bankrun~ [5] Low areas must be raised to properties and culvert pipe areas; level of adjacent installed at two low (b) Right-of-way must be continuously maintained in good, satisfactory condition for access by emergency and other vehicles; (c) All right-of-way improvements shall be made within the perimeter of the legal right-of-way; (d) Any and all other set-offs or subdivisions which will require use of this private right-of-way will also be subject to approval of access, or an application for same under New York Town Law, Section 280-A in the event this right-of-way has not been accepted as stipulated above. Location of Property: At the north side of a private right-of- way, north of Bergen Avenue, Mattituck, NY; 1000-112-01-16. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk T}~ SOUI,iO~D TOWi~ C.~. _~.. [NGER, 27, 1984 ., , iN°vember NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following public hearings will be held at the Southold Town Hall, Main Road,'Southold, NY by the Southold Town Board of Appeals at a Regular Meeting on THURSDAY, NOVEMBER 15, 1984, commencing at 7:30 p.m. and as follows: 7:30 p.m. Application for ALEXANDER AND ELIZABETH STOLLMEYER, by R. Cron Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, (Al06) for approval of insufficient area of a parcel to be set-off in this division of land identified as County Tax Map Parcel No. 1000-054-05-45.8 and 45.9 (45.7), and located on the South Side of North Sea Drive and the North Side of Soundview Avenue, Southold, NY. 7:35 p.m. Application for JOHN WICKHAM, Main Road, Cutchogue, NY (by A. Wickham, Esq.) for a Variance to Amend Conditions 3, 7 and 8 of the 6/28/84 decision rendered under Appeal No. 3222 and Article VI, Section 100-60 in a proposal to establish business office for marine contracting with accessory use for storage and repair of contractor's own vehicles and equip- ment, at 67576 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-052-05-058. 7:45 p.m. Application for JAMES AND BEULAH RICKETTS, Conklin Road, Mattituck, NY (by G. Olsen, Esq.) for a Variance to the Zoning Ordinance, Articles I and III, Section 100-31, (Al06) for approval of insufficient area and width of two proposed parcels in this division of land located on the West Side of Conklin Road (Grant Boulevard), Mattituck, NY; County Tax Map Parcel No. 1000-139-03-19 and 30 (30.1). 7:55 p.m. Application for JOSEP~H A__~. WANA~T, c/o A. Wickham, Esq.,~ Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient width of parcel to be set-off located on a private right-of-way at the north side of Bergen Avenue, Mattituck; County Tax Map Parcel No. 1000-112-01-016. 8:05 p.m. Application for ANTONE AND JEAN MILESKA, 16045 Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two parcels in this proposed Page 2 - Legal Notice of Hearings Southold Town Board of Appeals November 15, 1984 Regular Meeting division of land located on the east side of Marratooka Lane, Mattituck, NY; County Tax Map Parcel No. 1000-115-04-009. 8:10 p.m. Application for WINDS WAY BUILDING CORP., c/o R. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area (and width) of two parcels in this proposed division of land located along Cedar Point Drive East, Southold; Cedar Beach Park Filed Map No. 90, Lots 82, 83, 94; County Tax Map Parcel No. 1000-90-03-18. 8:15 p.m. Application of MARIE J. PATTERSON, 12 Turnwood Ct., Hempstead, NY 11550 for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area (and width) of two parcels in this proposed division of land located at the South Side of Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-02-17. 8:20 p.m. Application of SOUTHLAND CORP., c/o W. Esseks, Esq., Box 279, Riverhead, NY for a Variance to the Zoning Ordinance, to construct building with an insufficient side yard at South Side Main Road, Southold (7-11 Store), 1000-62-3-37. 8:25 p.m. Application for ROBERT DeTREY by P. Muller, Meetinghouse Lane, Southampton, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with insufficient sideyards; premises known as 62825 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-40-01-10 & ll. 8:35 p.m. Application for COLGATE DESIGN CORP., c/o W. Esseks, Esq., Box 279, Riverhead, NY for a Variance to the Zoning Ordi- nance to construct building with an insufficient side yard; North Side Main Road, Cutchogue Persons desiring to appear tions in writing in relation before or at this hearing. Dated: November 2, 1984. (7-11); 1000-102-05-24. at the hearing may do so. Communi~- thereto may be filed with our off~ce BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Notice to Newspapers: Please publish THURSDAY, NOVEMBER 8, 1984 and forward l0 affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971, before November 12, 1984. tel. 765-1809~ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date . ~...G.'3n,,~....~.~...~ ........ , 19 .~..q. To ..~...o.~.!~ ...................... . ~.~.. ~...~....~ .~.'..~ ....... PLEASE TAKE NOTICE that your application dated ........ ~ . ..~ ..... ,19 .~.'~ for permit to c~n3Zn~ot...~.~..'.J.)~.....t~[ ..)X~.. ~ ............. at Location of Property .l,//~. House No. Hamlet County Tax Map No. 1000 Section ... ~./. ~ ...... Block ....~ .I ........ Lot . .~.1 .~P ....... Subdivision ................. Filed Map No ................. Lot No .......... is returned herewith and disapproved on the following grounds..~.~.~...'~....~. ~... t..o..~...-..~..o....79. ~.~...%...~.. L. ~..~...z~......~....~ ~..'r. o. .... ~ ~F.~r...~..~. .... ~.a~.... :.~.-. ~.....~.. ?...e~ .... Building Inspector RV 1/80 0 2 1984 APPEAL FROM DECISION OF BUILDING INSPECTOR TOWN OF SOUTHOLD, NEW YORK NO. <3 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. l, ~ ...,]'O. SEP. H..A.,...WANAT .......................... of ...(.N._o....~.).....B..e...r.~.e..n.....A,v,.e_n..u..e. .......................... Nome of Appella,nt Street and Number .................. .M..a..t..t...i..t...u..c.,k.t .................................................... N..Y.......1...1..9...5.,2. ........ HEREBY APPEAL TO Municipality Store THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 1/5/84 FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO (~) ( ) JOSEPH A. WANAT Name of Applicant for permit of ........ .......... ...... Street and Number Municipality State PERMIT TO ~]{~X DIVIDE/SET OFF PERMIT FOR OCCUPANCY ( ) PERMIT TO BUILD 1. LOCATION OF THE PROPERTY .N./.$...~.~ge..~.....A.Y..e..r..,.....~...a..t.t...i.~..u..q.~..,...~ ........ '.'..Aj.'....R...e.~..i. dential a Street and Hamlet Zone Agricult- #1000/112/01/016 OWNER(S) :3QSg~.A,.~A~AT ....... . . .. ural Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III , Section 100-31 & Bulk Schedule 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 (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) applicant is requested for the reas. on th_a~ ~ would like to set off a 2.74 acre parcel con- taining insufficzent width from the remainder of his farm, as shown on the attached map by young & Young Land Surveyors dated November 28, 1983. Form ZB] (Continue on other side) REASON FOE APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIPbecau~ applicant contracted in March, 1983 to sell Lot 2, at which time the Zoning Ordinance required a width of 150 feet. The southerly lot line was designed to correspond with the southerly line of the two neighboring lots to the East, to make for an orderly division of property and to keep the right of way in a straight line. The lot contains 2.74 acres, equivalent to approximately 119,500 square feet, well in excess of the current 80,000 square foot minimum. To make the width comply, applicant would encounter hardship because he would have to widen the lot by 25 feet, resulting in a very oversized lot of approximately 141,500 square feet. Although applicant could shorten the lot to cut down on area, he would be creating an "odd corner" south of the lot which would be ungainly and useless for farming, since that area of land has not been cultivated and contains quite a slope. Applicant is required to sell Lot 2 in order to pay large estate taxes which are liens upon the property. 2, The hardshipcreatedis UNIQUEand isnotshared by all prope~ies alike in the immediate vicinity of this property and in this use district because the contractual arrangements for this division were entered into prior to the effective date of the increased width requirements. Moreover, the division is based upon the location of the right of way which cuts across this farm. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CtlARACTER OF THE DISTRICT because the lot width is very close to that of the nearby Malm property, and 150 feet provides ample room to con- struct a residence, which complies with setback requirements. STATE OF NEW YORK ) ss COUNTY OF SUFFOLK ) Sworn to this ........2..7..t..h.. ............................. day of ....... J[anuai:y., ............................... 19 84 Notary Public ELLEN M. ~ . t~ot~r~, putmc, S~..~? ~.~r~ TOWN OF SOUTHOLD PROPERTY RECORD CARD ,v, OWNER _do~:~ ~ A. FORMER OWNER RES. / 2~Y~ SEAS. LAND IMP. STREET N IVL. TOTAL DISTRICT ] SUB. T LOT / ACREAGE r ' -- TYPE OF BUILDING I / ~ t , c- r /; ¢,,~ FARM I COM.,. ',ND. ! CB. ~ M,SC. /[ ~ 32 DATE J REMARKS Tillable 1 Tillable 2 Tillable 3 Woodland , Swam~d House Plot' Farm Acre Value Per Acre ~ Value I Tctai : M. Bldg. Extension Extension Ext. ension Breezewa' Foundation Basement Ext. Walls Fire Place / Floors Interior Finish Heat Garage O-~.16:~J,"~ Porch __~/~,._~ Attic Porch Rooms 1st Flor Patio Rooms 2nd Flor Driveway ', , ~/:~ ~,~ '~' 84. sOdNp , ~0~' SCZlLE -% = I00 156.6 SCALE " = 400' Lot I YOUNG ,~LOEN W. HOW,~RO W. YOUNG, t~.'y S. £. S. NO. 45895 SET OFF" PREPARED FOR JOSEPH W~N~ T AT MATT/TUCK TOWN OF SOUTHOLD SUFF CO., N.Y. SCALE AS SHOWN APRIL 18, 1983 NO~, 14, 1985 NOV, 28, 1985 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS July I0, I984 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S .E. Q .R.A. SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWlCKI Notice of Determination of Non-Significance APPEAL NO.: 3217 PROJECT NAME: JOSEPH A.. WANAT 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 simil&r project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for insufficient width. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as. Bergen Ave., Mattituck, NY, County Tax Map Parcel No. IO00-II2-I-I6. 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) A~roval has been received from the N.Y.S. Department of Environmen- tal Conservation concerning this project under Permit No. ~. (3) The p~ooertv in question is at an elevation of I0 or more feet above mean se~ legel. 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. Town of Southold Board of Appeals DEPARTMENT OF PLANNING (516) 360-5513 December 4, 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 Commfssion 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 Windsway Buildin~ Co~p. Joseph A. Wanatf,-z Mr. & Mrs. Alexander Stollmeyer Mr. & Mrs. Antone Mileska Academy Printing Services, Inc. Mr. & Mrs. Robert Detrey Mr. & Mrs. Bernard Dempsey 3207 3217 3257 3266 3273 3280 3283 GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board o£Appeals MAIN RF1AD- STATE ROAD 2S SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-"~'809~ Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: x~x Variance from the Zoning Code, Article III , Section 100-31&Bulk Sched ~ Variance from Determination of Southold Town Building Inspector -- Special Exception, A~ticle , Section __ Special Permit Appeal No.: 3217 Applicant: JOSEPH A. WA~NAT Location of Affected Land: N/S Bergen Ave.~ Mattituck. County Tax Map Item No.: 1000-~2_0~_0~6. Within 500 feet of: -- Town or Village Boundary Line X~ Body of Water (Bay, Sound or Estuary) -- State or County Road, Parkway, Highway, Thruway __Boundary of Existing or Proposed County, State or Federally- Owned Land __ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or · Within One Mile of a Nuclear Power Plant ~ Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to insuf£, width. Public Hearin~ ~/26/8~. No Action Taken. set-off parcel with Copies of Town file and related documents enclosed herewith for your review. Dated: ~c~r e ~ a~r v~ .U~B o a r d~,o f~A~4~ Temp. S y, ppeals Southold Town Board of Appeals MAIN ROAD-BTATE ROAD 25 BOUTHDLD, 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 November 27, i984 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 Re: Appeal No. 3217 - Joseph A. Wanat 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 Re 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, N.Y. 11971 (516) 765-19~8 April 3, 1984 Abigail A. Wickham, Esq. Wickham, Wickham, and Bressler Main Road Mattituck, NY 11952 Re: Set-off of Wanat located at Mattituck DEar Mrs. Wickham: The Board met following field inspections on March 30, 1984 and the following action was taken. RESOLVED that the Southold Town Planning Board deny the set-off of Joseph A. Wanat located at Mattituck due to the insufficient width of the parcel to be set-off, Parcel No. 2. If you have any questions, please contact this office. Very truly yours, HENRY E. RAYNOR, JR, CHAIRMAN SOUTHOLD TOWN ~ANNING BOARD cc: Zoning Board of Appeals ~.o~° ,,..o0tr° 50dNp ~ ~ S04L£ "-- /00' 156.60' Proposed 20' R.O.W. SCALE I = 400' L Lot / Board o! A'l eals ~,.,,,.,-': ! "SET OFF" PREPARED FOR JOSEPH W4N~ T AT ~ATTITUCH TOWN OF SOUTHOLD SUFF CO., N.Y. SCALE AS SHOWN APRIL 18, 1983 NOV. lal, 1985 NOV. ~8, /985 STATE DEPARTMENT OF ENVIRONMENTAL CONSJ~TION 10-84-0138 , PERMIT PER~IT ISSUED TO ADDRESS OF PERMI~rEE Joseph A. Wanat Bergen Avenue Mattituck, New York 119~52 LOCATION OF PROJECT (Section of stream, tidal wetland, dam, building) Long Island Sound approximately 850 feet north of Bergen Avenue, Mattituck SCTM 1000-112-01-01 DESCRIPTION OE PROJECT Create a two lot subdivision by sephrating a 2.74 acre parcel from an existing 110 acre farm as per supplied plans. COMMUNITY NAME (City, Town, Village) Mattituck TOWN Southold DAMNO. June ~, ?~ COUNTY Suffolk FIA COMMUNITY NO. J PERMIT EX I ATI TE I GENERAL t. The permittee shall file in the office of the appropriate Regional Permit Administralor, a notice of intention to commence work at least 48 hours in advance of the time of commencement and shall also notify him promptly in writing of the complelion of the work. 2. The permilled w~rk shall be subject to inspection by an authorized representative of the Department of Environmental Conservation who may order the work suspended if the public interesl so requires. 3. As a condition of the issuance of this permit, the applicant has ac- cepled expressly, by the execution of the application, the full legal respon- sibility for all damages, direcl or indirect, of whatever nalure, and by whom- ever suffered, arising out Df the project described herein and has agreed to indemnify and save harmless the State lrom suits, actions, damages and costs of every name and description resulting from lbe said projecl. 4. Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of the waterway or flood plain or deep holes that may have a tendency to cause injury to navigable channels or to the banks of the waterway. 5. Any material to be deposited or dumped under this permit, either in the waterway or on shore above high-wate~ mark, shall be deposited or dumped at the locality shown on the drawing hereto attached, and, if so p~escribed thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of lhe material into the waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. 7. That if fulure operations by the State of New York require an a[teralion 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 lhe free navigation of said waters or flood flow~, or endanger the health, safety or welfare of the people of the State, or loss or'destruction of the natural resources of the State, the owner may be ordered by the Depart- ment to remove or alter the structural work, obstructions, or hazards caused tl~rebi without expense to the State; and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modiDcation of the watercourse hereby authorized shall apt be completed, the owners shall, without expense 1o lbe State, and ~o such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any po~lion of the uncompleted structure or fill and restore to its former condilion the navY§able and flood capacity of the watercourse. No claim shall be made againsl lhe State of New York on account of any such removal or alteration. CONDITIONS 8. That the State of New York shall in no case be liable for any damage or injury to the slructure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for Giber purposes, and no claim or right to compensation shall accrue from any such damage. 9. Thai if the display of lights and signals on any work hereby authorize(I is not otherwise provided for by law, such lights and signals as may be pre- scribed by the United States Coast Guard shall be installed and maintained by and at lhe expense of the owner. 10. All work carried out under this permit shall be performed in accor- dance with eslablJshed engineering practice and in a workmanlike manner. 11. If granted under Articles 24 or 25, the Department reserves the right 1o reconsider this approval al any lime and after due notice and hearing to continue, rescind or modify this permil in such a manner as may be found Io be just and equitable. If upon the expiralion or revocation of this permit, the modification of the wetland hereby authorized has nol been completed, lhe applicant shall, without expense to lhe State, and to such exlent and in such time and manner as the Department of Environmental Conservation ma)' require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or aiteration. 12. This permit shall not be construed as conveying to the applicant any right to 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, title or interest in real or personal property held or vested in a person not a party to the permit. 13. The permittee is responsible for oblaining any other permils, ap- provals, lands, easements and rights-of-way which may be required for this projecl. 14. If granted under Article 36, this permit is granted solely on the basis of the requirements of Article 36 of the Environmental Conservation Law and Part 500 of 6 NYCRR (Construction in Flood Plain Areas having Special Flood Hazards - Building Permits) and in no way signifies that the project will be free from flooding. 15. By acceptance of this permit the permittee agrees that the permit is contingent upon strict compliance with the special conditions on the reverse side. 9s-~o-4 (9/75) (SEE REVERSE SIDE) '~'C I A~ CONDITIONS Ail structures on the face of the bluff will require further approval from this office. SPECIAL CONDITIONS A THROUGH J ATTACHED. PERMIT ISS E D T May ~, ~84 USACE 40 SUNY @ STONY BROOK,NY 11794 Legal Notices GAL NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following public hearings will be held at the Southold Town Hall, Main Road, Southold, NY by the Southold Town Board of Appcals at a Rng- ular Meeting on ."stURSDAY, NOVEMBER 15, 1964, com- mencing at 7:80 p.r~ and as fol- lows: 7:30 p.n~ Application for A! E~t., Main Rond, Cutchogue, NY for a Vorianco to the Zaning Or- dinance, Article IH, Section 100- 31, Bulk Schedule, (A106) for ap. proval of insufficient area of a parcel to be set.offin this divislan of land identified as County Tax Map' Parcel No. 10004)5405- 45.8 and 45.9 (45.7), and located on the South Side of North Sea Drive and the North SMe of Soundview Avenue, ~ 7:35 p~ Application for JOHN WICKHAM. Main Bead, Cutchogue, NY (by A. Esq.) for a Vari~ce to Amend Conditions 3, 7 and 8 of the 6/28/ 84 decision rendered under Ap. peal No. 3222 and Article VI, Section 100-60 in a prop~al to ~tabllsh business office for marine ~ontrarting with ~ sor~ use for storage and ~l~ir of contrartor's ovrn vehlde~ and equipment~ at 67576 Main Greenport, NY; 'Cou.n. t~ Tnx ~ Par~cl No. 1000-052-0~0~8. 7:45 p.m. Application for JAMF~ AND BEULAH RlC- tituek, NY Co~ G: Olsen, E~q.) for nance, Artidco I ~ud IH, ~ction 100~1, (Al06) fo~ approval ofln- sufficient oren and width of two prolx~ed porcols in this division of innd lo, ted on the Wcot Side of CO~ Pond (Grant (~mty Tnx M~p Par~l No. 1~1~1~9-0~-19 and ~0 (30.1). ~ JOSEPH A...WANAT, ~to . tituck, 1~ for a variance to the Zoning Ordinance, Article IH, Section 100-31, Bulk Schedule, for approval of insufficient width of parcel to be set-off located on a private right-of-way at the north side of Bergen Avenue, Mattituck; County Tax Map par- ~plication for TONE AND JEAN M~ .~-SKA, 16045 Main Road, Mattituck, NY for a Variance te the Zoning Ordinance, Article IH, Section 100-31, Bulk Schedule, for ap- proval of insufficient area and width of two parcels in this prop- coed division of land located on the east aide of Morratooka Lane, Mattituck, NY; County Tax Map Parcel No. 1000-1154)4-009. 8:10 .p.m. Application for WINDS WAY BUILDING CORP,, c/o E. Bruer, Esq., Main Road, Southold, NY for a Vari- anc~ to the Zoning 0rdimmco, .~cle IH, ~ction 100-31, Bulk Sc. bedule~ for approval of insuffi- cient area (and width) of two par- cols in this propos~ division of land locatod along Cedar Point Drive East, Southold; Cedar Beach park Filed Map No. 90, Lotz 82, 83, M; County Tax Map parcel No. 1000-90-03-18. 8'16 p.m. Application of M~E J. PATteRSON, 12 Turnwoed Ct., Hero.toad, NY 11550 for a Variance to the Zon- ing Ordinance, Article IH, Sec- tion 100-31, Bulk Schedule, for approval ofinsuffcient area (and width) of two parcels in this prop- oaed division of land locatod at the South Side of peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128- 02-17. 9:20 p.m. Application of sOUTHLAND CORP., c/o W. Eszeka, Esq., Bo~ 279, Rivorhcad, NY for a Varianre to si;ruct building with an insuffi- cient side yard at South Side Main Road, Southold (7-11 Store), 1000-62-3-37. 8:25 p.m., Application for ROBERT DeTYREY by P- Mul- ler, Meetinghouse Lane, South- ampton, ~ for a Variance to the Zonln~ Ordill~ce, Article IH, Section 100-31 for permls~on to construct addition to ~h~ellin~ with insufficient sideyards; premises k~own as 62825 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-40.01-10 & 11. 8:35 ~.m. Application for COL- GATE DESIGN CORP., cio W. E~eks, Esq., Box 279, Ri~rhead, NY for a Variance to the Zoni~g Ordinance to con- stxuct building with a~ insuffi- cient side yard; North Side Main Bead, Cutchogue (7-11); 1000- 102-05-24. Person~ desiring to appear at the hearing may do so. Com- munications in writing in relao tion thereto may be filed with our office before or at ~ hear- ~g. Dated: November 2, 1984. BY ORDER OF BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1TN8-4699 the Town f~w .and the Pro- visions of the Amende]d Code of the Town of South01d, the f0Howing public hearings will be .held kt th~southeld Town Hall, Main Road, Southold, NY by, the Southoid Town Board of Appeals at aR~g~Aar Mee~'m~n TRURSDA.Y! NO- VEb~BF_~[ 15t 1984, commenc- ing at: .7:30 p.m~' and as follows: ~ 7:30 p~m. Application for ALEXA R - Cron. Esq,, Main Road, Cut- chogue~ NY for a Vasinnee' to the Zoulnl~ Otdiunn~, .amJele Schedule, (Al06} for Mqnoval of insuffa:fimtJ0~mt of~ parcel land identified as County Tax Map Pare~-No;,. located &n ~flte South Side of Nortk Soa.~and ~the North Side ~ S~tmat~tn~ A,~enue, Southold, NY 7:35 !p~m. Applica~on for JOHN. WICFtHAM. Main . Road, Cutchogue, NY(by A. Wickham, Esq.) for a Variance to Amend Co~..ons 3;¥7 and 8 of the 6/2~ decision rendered unde~.:~. No. 3222 and 100-60 in a proposal to estab- lish business-o~iee for nmrine contracting with a~cessory use for storage and repair of conttactor'a own vehicles and eq~ment, at- 67576 Main . Road, Greenport, NY; County Tax Map .Parcel No. 1000-052- 05-058, .- 7:45 p~m. Application for JAMES AND BEULAH RIC~K- ]~TF8; Conklin Road, Matti- reek, NY (by G, Oisen, Esq.) for .a Vafianee to ~he.Zoning Section 100.31,' (A106) for approval of insuffleinnt area and width of two proposed parcels in this division of lend located, on the West Side of Conklin Road (Grant BoUle. yard, Mattituck, NY; County Tax Map parcel No. 1000-139- Wickflam, Esq., Ma4n ROad, Mattituet, NY for a ,Variance )5 the Zoning Ordinance, Rulk Schedule, for approval of insufficient width of parcel to be set-off located on a private tight-of-way at the north side of Rergen Avenue, Mattituck; County .Tax Map Paree! No. q000-112-01-016. 8:05 p.m. Application for ANTONE AND JEAN ESKA, 16045 Main Road, Matfithck, NY for a Variance to the Zoning Ordinance, Article Hl, Section 100-31, 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 successiveI¥, commencing on the .................................... , Sworn to before me this ................................ day of ............. ........... , Notary Public BARBARA FORBES Nceca~y Public, State of New York No. 48~o84~ Q~laHfled in Suffolk Cotmty Commission Expires March 30, 19fg Legal Notice of Hearings November 15, 1984 Regular Meeting Copies of same forwarded to the following on or about 11/2/84: Richard J. Cron, Esq. for Mr. and Mrs. Stollmeyer Abigail A. Wickham, Esq. for: Mr. John Wickham and Mr. Joseph Wanat Gary Flanner Olsen, Esq. for Mr. and Mrs. James Ricketts Mr. and Mrs. Antone Mileska, Main Road, Mattituck, NY 11952 Rudolph H. Bruer, Esq. for Winds WaN Building Corp. Mrs. Marie J. Patterson, 12 Turnwood Ct., Hempstead, NY 11550 William W. Esseks, Esq. for: Colgate Design Corp. and Southland Corp. Mr. Peter Paul Muller for Mr. Robert DeTrey Supervisor Town Board Members Building Inspectors Town Clerk Bulletin Board ZBA Members Individual ZBA files Suffolk Times L.I. Traveler 'zONING BOARD OF APPEALS TOWN HALL / MAIN ROAD * S.R. 25 $OUTHOLD, N.Y..119Z1 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for Public Hearings by the Southold Town Board of Appeals to be held on THURSDAY, JULY 26, 1984 commencing at 7:30 p.m., at the Southold Town Hall, Main Road, Southold, NY, and as follows: 7:35 p.m. Application of SOUTHOLD EQUITIES, INC., 195 Youngs Avenue, Southold, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of insufficient area of two proposed lots which contain existing buildings, the northerly lot having frontage along Traveler Street, and the southerly lot having frontage along Main Road, in the Hamlet of Southold; County Tax Map Parcel No. 1000-061-1-15.1 (15). Cuddy, (a) the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of parcel in this proposed two-lot subdivision (b) New York Town Law, Section 280-A for approval of access over a private right-of-way known as "Camp Mineola Road" extending northerly from Kraus Road. Location of Property: West Side of Camp Mineola Road, Mattituck; County Tax Map Parcel No. 1000-122-05-3.3. 7:40 p.m. Application of JOHN SIMICICH, by Charles R. , Esq., 108 East Main Street, Riverhead, NY for Variances to. A. WANAT, by A. A. Wick- a Variance to the Zoning Bulk Schedule, for to be set-off located 7:45 p.m. Application of JOSEPH ham, Esq., Main Road, Mattituck, NY for Ordinance, Article III, Section 100-31, approval of insufficient width of parcel on a private right-of-way at the north side of Bergen Avenue, Mattituck; County Tax Map Parcel No. 1000-112-01-016. 7:50 p.m. Recessed Hearing: HENRY P. SMITH. Variance for approval of two parcels with insufficient area and width in this B-1 Business Zoning District, West Side of Peconic Lane, Peconic. 1000-74-5-2 and 3 (9.2). 7:55 p.m. Application of JOHN'"GIANNARIS AND OTHERS, by D~. KaPell, 400 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article XI, Section lO0-112(H) for permission .. easterly to use aejacen~/premlses of the Village of Greenport of .765 acreage for parking accessory to the snack bar presently owned by the applicants also of Main Road, East Marion; County Tax and No. 1000-35-2-15.1; see Site Plan use existing on the parcel located at the north side Map Parcel No. 1000-35-2-14 revised 5/4/84 and 5/30/84. .-~P~ge 2 of 2 Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of July 26, 1984 8:00 p.m. Application of VINCENT GRIFFO, by I.L. Price, Esq. 828 Front Street, Greenport, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-32 for permission to construct tennis court and pavillion, both accessory to a proposed one-family dwelling and both accessory buildings to be located in an area other than the required rearyard, at premises known as 3765 Robinson Road (West Side of Bridge or Briar Lane), Lot 12 and part of parcel known as County 8:05 p.m. Application of NICHOLAS Paradise Point Subdivision Tax Map lO00-81-1-16.1. ALIANO, 3800 Duck Pond Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VI, Section lO0-60(B)[1](b), Article V, Section 100-50(B)[4], for permission to establish and build four two-story motel buildings containing 10 motel units for transient use, and an office building of 2,500 sq. ft. in area on this 3.721-acre parcel located on the South Side of Main Road, Greenport, NY. Zoning District: B-Light Business. County Tax Map Parcel No. 1000-46-01-002.1. 8:10 p.m. Application of THOMAS HIGGINS, 48 Kenwood Road, Garden City, NY 11530, for a Variance to the Zoning Ordinance, Article III, Section lO0-31 for permission to construct deck addition to dwelling with reduction of frontyard setback from Cedar ~oint Drive East. 'Identification of Property: 80 Lakeside Drive (a/k/a 675 Cedar Point Drive East), Southold; Cedar Beach Park Subdivision Lot No. 81; County Tax Map Parcel No. 1000-90-03-014. 8:35 p.m. Recessed Hearisg: ARTHUR R. TRUCKENBRODT, et al for a reversal of interpretation of Building Inspector concerning property of D.I. Abbott and J.T. Swanson, Private Road No. 7 (a/k/a Diedericks Road), Orient; 1000-18-03-005. Those desiring to be heard may do so in person, or by attorney or other representative. For additional please contact our office, 765-1809 (or 1802). in writing, information, Dated: July 3, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN NOTICE TO NEWSPAPERS: Please publish Thursday, July 19, 1984, and' forward nine affidavits of publication on or before July 24th to Board of Appeals, Main Road, Southold, NY 11971. Thank you. Page 3 - Legal Notie Public Hearings for ~uly 26, 1984. Copies of the Legal Notice to the following 7/16/84: Mrs. Loretta DiMaggio, Southold EQuities, Southold Charles R. Cuddy, Esq., Esseks, Hefter, Cuddy & Angel for Mr. John Simicich Abigail A. Wickham, Esq. for Joseph Wanat Philip J. Ofrias, Jr., Esq. for Henry J. Smith Mr. David Kapell for Giannaris and others Irving L. Price, Jr., Esq. for Vincent Griffo Mr. Nicholas Aliano, Cutchogue Mr. Thomas Hi99ins, Garden City Howard E. Pachman, Esq. for Truckenbrodt and others William W. Esseks, Esq. for Abbott and Swanson ZBA board members Town Clerk Bulletin Board Suffolk Times, Inc. for publication July L.I. Traveler-Watchman, Inc." " " Individual files for reference 19th 150 ~$ ~ ~ opprOx foe of lot 2 Area=2.7445 Acres rh~ 23' 20"£. 0 15000' LOT I SC~L£ I "-- I00 Lot I IYOUNG,N.Y.S. £.S. N0.~5895 SET OFF" PREPPRED FOR ,JOSEPH 'A'~,"V,~ T ~T MPTTITUC~ TO~V OF ~OUTHOKD L~UFF CO., ,~. Y. b'C~LE ~S SHOWN NOV I~, 198~ NOV ~8, RECEIVED BY DATE Southold Town Board of Appeals MAIN ROAD- BTATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOENRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI August 20, 1984 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 P,C. Re: Appeal No. 3217 Joseph A. Wanat Dear Gall: This letter will confirm that the public hearing on the above matter which was held on July 26, 1984, has been recessed until late-September, early-October Regular Meeting. At this time the exact date has not been set; however, we will keep you informed. Yours very truly, GERARD P. GOEHRINGER W~LL~AM ERIC J. BRESSLEF~ ABIGAIL WICKHAM, WICKHAM & BRESSLER, ~',c. July 25, 1984 Southold Town Board of Appeals Town Hall Main Road Southold, NY 11971 Re: Application of Joseph A. Wanat Gentlemen: We very recently received the notice of the hearing on the above application scheduled for July 26th. Un- fortunately, both Eric Bressler and I will be out of town on that date on a vacation we have planned for some time. Mr. Wickham is also unable to attend the hearing, and we therefore request that the matter be adjourned to the next available meeting date. We regret any inconvenience this may have caused, but unfortunately, we have no alternative. Very truly yours, Abigail A. wi~kham AAW: emu (by hand) WICKHAM, WICKhAM & BRESSLER, 516-298-8353 June 19, 1984 Southold Town Board of Appeals Town Hall Main Road Southold, NY 11971 Re: Appeal No. 3217 - Joseph A. Wanat Gentlemen: Enclosed is a copy of the New York State Department of Environmental COnservation Permit recently received in connection with the above application. We would appreciate your scheduling this matter for the next hearing date. Very truly yours, , ~ Ellen M. Urbanski Legal Assistant /emu encl. ZONING BOARD OF APPEALS TOWN HALL MAIH ROAD-S.R;25 sOUTHOLD, N.Y. 11971 NOTICE 1S HEREBY GIV- EH, pursuant to'Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, the following matters will be held for Public Hearings by the Southold Town Board of Ap- peals to be held on THURS- DAYt JULY 26t, 1984 cOm- mencing at ?:~0 p:m., at the Southold Town Hall, Main Road, Southold, N.Y. and as follows: 7:35 p.m. Application of sOUTHOLD EQUITIES~ ~/Youngs AvenUe, Southold, for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of insufficient area of two pm- posed lots which contain exist- ing buildings, the northerly lot having frontage along Traveler ' Street, and the southerly lot having frontage along Main Road, in the Hamlet of South- old; Cot~nty Tax Map Parcel No. 1000-061-1-15.1 (15). 7:40 p.m. Application of. ~ by Charles 'R. Cuddy, Esq., 105 East Main Street, Riverhead, NY for a Variances to (a) the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of panel in this pro- posed two-lot subdivision. (b) New York Town Law, Section 280-A for approval of access over a private right-of-way known as "Camp Mineola Road" extending northerly from Kraus Road. Location of Property: West Side of Camp ,~lineola--~ R~d~ .:! County~T~a~ ParbeY lq~. - 1~.122-05-3.3. ,p 7:45 p.m. Application afl / JOSEFH A. WAN.Ay: hy A.A. [ Wickham, Esq., Main Road, ~ Mattituck, NY for a Variance ~ to the Zoning Ordinance, Ar- /ticie m, Section 100-31, Bulk4 ~Schedule, for approval of t finsufficient width of parcel to [be set-off located on a private ~right-of-way at the north side I ,]of Bergen Avenue, Mattituck; ~ County Tax Map parcel No. ~\ 1000-112-01-016. ~ 7:50 p.m. Recessed Hear- inFl: HENRY P. SIVlITH~ Var- lance for approval of two parcels with insufficient area and width in this B-1 Business Zoning District, West Side of Peconic Lane, Peconic, 1000- 74-5-2 and 3 (9.2). 7:55 p.m. Application of JOH/q GIANNARI5 AND OTHERS. a by D. Kapell, 40~ Front Street, Greenport, NY for a Variance to the Zoning ~M/msiaoa, Article X1, Section 100-112(F/) for permission to use adiacent easterly premises of the Village of Greenport of .765 acreage for paskln~ acces- sory to the snack bar use existing on the parcel present- ly owned by the applicants also located at the north side of Main Road, East Marion; County Tax Map Parcel No. 1000-35-2-14 and No. 1000-35- 2-15.1; see Site Plan revised 5/4/84 and 5/30/84. 8:00 p.m. Application of Price, Esq., 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct tennis court and pavillion, both ac- cessory to a proposed one- family dwelling and both ec- cessory buildings to be located in an area other than the required rearyard, at premises known as 3765 Robinson Road (West Side of Bridge or Briar Lane), Paradise Point Sub- division Lot 12 and part of parcel known as County Tax Map 1000-81-1-16.1 8:05 p.m. Application of NICHOLAS ALIANO 3800 Duck Pond Road, Cutchogne, NY for a Special Exception to the Zoning Ordinance, Article 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 Southoid, 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 ........................ -'fi" ............ weeks successively, commencing on the ................ "/~'/"'"~" ....... ................. day of Sworn to before me this ............ .................... ............... ................ , ....................... ~lotory Public BARBARA FORBES Notsry Public, State of New York No. 48~o846 Qualified in Suffolk County Commission Expires March 30, 19 ~ Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · ~" · Q . R o A o SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPHH. SAWICKI Notice of Determination of Non-Significance July I0, I984 APPEAL NO.: 3217 PROJECT NAME: JOSEPH A. WANAT 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: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for insufficient width. LOCATION OF PROJECT: Town of Southo~d, County of Suffolk, more particularly known as: Bergen Ave., Matt[tuck, NY; County Tax Map Parcel No. I000-iI2~Y~I6. 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) ADDroval has been received from the N.Y.S. Department of Environmen- tal Conservation.~oncerning this project under Permit No. ~. (3) _The p~oDertv in question is ~t an elevation of I0 or more feet ~bow mean se~ legel. 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. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI February 23, 1984 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 Re: Appeal No. 3217 - Joseph A. Wanat Area Variance in Division of Land Dear Gail: At a Special Meeting of the Board of Appeals held on Saturday, February II, 1984, the following action was taken in accordance with the town's January 1982 set of procedures and the N.Y.S. Department of Environmental Conservation Tidal Wetlands Land Use Regulations 661.5(b)[57]: RESOLVED, that Appeal No. 3217, application for JOSEPH A. WANAT for a variance for approval of insufficient width in this proposed set-off of land located on a private right-of-way off Bergen Avenue, Mattituck, New York, BE AND HEREBY IS TEMPORAR- ILY HELD IN ABEYANCE pending review and receipt of comments or action from: (a) the Southold Town Planning Board (b) the N.Y.S. Department of Environmental Conservation. This resolution was unanimously adopted. Please keep us advised regarding developments. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN cc: Planning Board By Linda Kowalski Building Inspector JUDITH T. TERRY TOWN CLI' RK REGISTRAR O1' VITAL SI,\IISIICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 February 2~ 1984 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3217 application of Joseph A. Wanat 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 B~lding~Department; and survey. Judith T. Terry Southold Town Clerk WICKHAM~ WICKHAM & BRESSLER, p.c. MAIN ROAD, P.O. BOX 1~24 MATTITUC){ LONG ISLAND NEW YOR){ II952 516- 298-8353 January 31, 1984 Southold Town Board of Appeals Town Hall Main Road Southold, NY Re: Gentlemen: 11971 Application for Variance of Joseph A. Wanat If any further information is required, as soon as possible. /emu encls. Enclosed are the following in connection with the above application: 1. Application, in triplicate; 2. Notice of Disapproval from the Building Inspector; 3. Short Environmental Assessment Form; 4. DEC Questionnaire; 5. Original Notice to Adjoining Owners with Affidavit of Service thereon; 6. Five prints of the survey; 7. Check to the order of Southold Town Clerk in the sum of $50.00, representing application fee. the Planning Board please contact us Very truly yours, Abigail A. Wickhan~ We are also filing an application with for a Set-Off. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' the Petition of JOSEPH A. WANAT to the Board of Appeals of the Town of Southold Mr. & Mrs. John Koreleski TO: Mr. William C. Hees Mr. Robert Entenmann Mrs. Doris K. Brown Mr. & Mrs. Eric S. Malm Mr. ~Josgph~T...Macari Mr. ~.ou~s ~3'. ~lmeone YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) - - ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des-~ cribed as follows: (no #) Bergen Ave.. Mattituck. NY 11952: % Suffolk Co. Tax Map #1000-112-01-016 ~ 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential & Agriaultur~] 4. That by such Petition, the undersigned will request the following relief: Permission to set off a 2.74 acre parcel from ~h~ remainder of hi.~ farm. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-91 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: January 27, 1984 P~er-J(i~E~{{ A. WANAT Post Office Address (no #) Bergen Ave. MattitUCk, NY 11952 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. & Mrs. John Koroleski Mr. William C. Hees Mrs. Doris K. Brown Mr. & Mrs. Eric S. Maim Mr. Joseph T. Macari ' P 529 75 RECEIPT FOR CERTIFIEb NO INSURANCE COVERAGE PROVtDE, NOT FOR INTERNATIONAL MAIL (See Reverse) ~ Sir tan ~ cC' , P- State a cl ZIP Code Certified Fee Special Delivery Fee Restricted Deliver, Fee Return Receipt Showing lo whom and Date Defivered R{v~rh~a. NY 11901 of January~ ,1984 Sound Avenue Mattituck, NY 11952 2 Grey Birch Ct. Dix Hills, NY 11746 Bergen Avenue MattituCk, NY 11952 74 Trinity Place New YOrk, NY 10001 95-40 Roosevelt Ave. Jackson Heights, NY 95-40 Roosevelt Ave. Jackson Heights, NY 65 Meadow Farm Road -East Islip, NY 11730 11372 11372 , residing at 309 Fanning Blvd. #4, , being duly sworn, deposes and says that on the ~ day deponent mailed a true copy of the Notice set forth on the re- ; that said Notices were mailed to each of said persons by attached hereto. ELLEN M. URBANSKI verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the cprrent assessment roll of the Town of $outhold; that said Notices were mailed at the United States Post Of- fice at Mattituck (certified) ~'-,~) mail. - Receipts SHORT ENVIRONiKENTAL ASSESSMENT FORUM INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not exoected that additional studies~ research or other inves$igations will be undertaken,' (b) If any question has been answered Yes the projec~ may be significant and a completed Environmental Assessment Form is necessary. (e) If all questions have been answered No it is likely that this project is no__~t significant. (d) Enviror~ental Assessment 1, Will project result in a large physical c~ngs to the project site or physically alter more than 10 acres of land? , . . , , . , · , · Yes ~/ No 2. Will there be a major change to any unique or , . unusual land form found on the site? · · Yes 3. Will project alter or have a large effect on an existing body of water? . , , , , · · · Yes ~/ No Will project have a potentially large impac~ On 5. Will project significantly effect drainage flow on adjacent sites? ......... Yes L/ No 6, Will project affect any threatened or endangered plant or animal species? , , , , , , · · Yes ~"~No 7. Will project result in a major adverse effect on air quality? , · · · , · · · Yes 8. Will project have a mmJor effect on visual char- acter of the community or scenic views or vistas known to be important to the community? , . . yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? · · · , Yes [-'/No 10. Will project have a major effect on existing or future recreational opportunities? · · · Yes ~'/No 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause Objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . Yes ~/ No 13. Will pro~ect have any impact on public health or ~/No safety? · · · · · · · ..o o . . Yes 1L. Will project ~ffect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent o~er a one-yea~ period o__r have a major negative effect on the character of the ¢om. munity ~r neighborhood?. , Yes No ,.PR.S.JTIJG. Josih A. Wanat DATE: 1984 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 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. Waterfront without bulkheading 2. Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length 3. 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 5. 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). 10/831k Southold Town Board of Appeals MAIN ROAD - rqTATE ROAD 25 (~OUTHOLD, L,I,, N.Y, 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: x~ Variance from the Zoning Code, Article III , Section 100-31&Bulk Schedul Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section Special Permit Appeal No.: 3217 Applicant: JOSEPH A. WA_NAT Location of Affected Land: N/S Bergen Ave.~ Mattituck. County Tax Map Item No.: 1000-~2_0~_016. Within 500 feet of: __ Town or Village Boundary Line x/f Body of Water (Bay, Sound or Estuary) __ State or County Road, Parkway, Highway, Thruway __Boundary of Existing or Proposed County, State or Federally- Owned Land ~ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant __ Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to set-off parcel with insuff, width. Public Hearin~ ?/26/84. No Action Taken. Copies of Town file and related documents enclosed herewith for your review. Dated: August 8, ~98~ Temp. Secret~ry, Board of Appeals