The URL can be used to link to this page

Home My WebLink About3061Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y, 11g'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3061 Application Dated December 6, 1982 TO: Mr. and Mrs. Thomas E. Samuels Haywaters Road, Box 89B Cutchogue, NY 11935 (Hearings held 1/13/83 & 2/4/83) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on February 4, 1983 the above appeal was considered, and the action indicated below was taken on your [x] 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 [X] Request for Variance to the Zoning Ordinance Article III , Section 100-30(A) [ ] Request for The public hearings concerning this matter were held on January 13, 1983 and February 4, 1983. Upon application of ANITA M. SAMUELS, Box 89B, Haywaters Road, Cutchogue, NY for Variances: (1) to the Zoning Ordinance, Article III, Section 100-30(A) [1] for permission to construct inground pool on a vacant lot; (2) to New York Town Law, Section 280-a for approval of access. Location of Property: South Side of Haywaters Road (a/k/a 155 Fisherman's Beach Road), Cutchogue, NY; Lot No. 3, Map of Peconic Bay Properties, Inc., Filed Map No. 786; County Tax Map Parcel ID No. 1000-111-1-41. The board made the following findings and determination: By this appeal, appellant seeks: (1) permission to construct a 25' by 40' inground swimmingpool and fence on a vacant parcel of land known as Lot 2 of Peconic Bay Properties, Inc. Subdivision; and (2) approval of access over the private road known as Fisherman's Beach Road [also known as Haywaters Road]. It is the understanding of this board that the swimmingpool is the be used accessory to the main dwelling on the adjacent parcel. Both parcels have frontage along Cutchogue Harbor and therefore are subject to the rules and regulations of the Tidal Wetlands Act of the State of New York. The adjoining "residence parcel" has minimal reasonable building area, and the board agrees with the reasoning of the appellant under the circumstances herein. Upon inspecting the private road in question, it is the opinion of the board that same is in good satisfactory condition up to the point of access (driveway) into these premises. In considering this appeal, the board determines that the variance request is not substantial in relation to the requirements of the zoning code; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible for appellant other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance as indicated below. (CONTINUED ON PAGE TWO) DATED: February 28, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3061 Matter of ANITA M. SAMUELS Decision Rendered February 4, 1983 On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 3061, application of ANITA M. SAMUELS for approval of access and for permission to construct inground swimmingpool, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the initial fill of pool be trucked in to prevent water intrusion possibility if taken from ground water in this immediate area; salt- 2. That this application is subject to review by the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter. Location of Property: South Side of Haywaters Road (a/k/a 155 Fisherman's Beach Road), Cutchogue, NY; Lot #2 of Peconic Bay Proper- ties, Inc.; County Tax Map Parcel ID No. 1000-111-1-41. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. RECEIVED AND FILED BY - '~ ~'~ lo~,l.~ CLERK APPROVED ~mlmmn B~ard of April APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS 3OSEPH H,$AWlCKr Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. '11cJ'71 TELEPHONE (516) 765-1809 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 Public Hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, New York on THURSDAY, JANUARY 13, 1983 commencing a~ 7:15 p.m. and as follows: 7:15 p.m. Application of MR. AND MRS. EDWARD PRESSLER, by Environment East Inc. as agent, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct residential addition with reduction in frontyard setback, at 110 Grove Drive, Southold, NY; Reydon Shores Filed Map No. 631, Lots No. 4 and 5; County Tax Map Parcel ID No. 1000-080-04-024. /~ A_~NIT~A M_~. SAMUEL__S, Box 89B, Haywaters 7:20 p.m. Application of < ~Ro?d, Cutchoguo, NY for Variances: (1) to the Zoning Ordinance, Article III, Section 100-30(A) [1] for permission to construct inground pool on a vacant lot; (2) to New York Town Law, Section 280-a for approval of access. Location of Property: South Side of Haywaters Road (a/k/a 155 Fisherman's Beach Road), Cutchogue, NY; Lot No. 2, Map of Peconic Bay Properties, Inc., Filed Map No. 786; County Tax Map Parcel ID No. 1000-111-1-41. 7:25 p.m. Application of OTTO ZAP~, by J. Hayes Kavanagh as attorney, 666 Fifth Avenue, New York, NY 10103, for a Variance for approval of alternative access over rights-of-way located off the North Side of Main Road, Orient, NY over lands now or formerly of Kyrkostas and Demarest. Location of Parcel in Question: R-O-W off the North Side of Main Road, Orient, NY; County Tax Map Parcel ID No. 1000-13-2-4. 7:30 p.m. Application for CATHY VOLINSKI, by Robert Ketcham, Box 295, East Marion, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-70(C) [1] for permission to place wall sign on existing building at 27980 Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-86-part of 006. Zoning District: B-1. -over- Page 2 Legal Notice of Hearings for January 13, Southold Town Board of Appeals 1983 Meeting 7:35 p.m. Application of CYNTHIA KAMINSKY, 75 Woodcliff Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct enclosed pool and de~k areas, which will exceed the maxmimum permitted 20'% lo~ coverage requirement of the zoning code. Location of Property: 75 Woodcliff Drive, Mattituck, NY; County Tax Map Parcel ID No. 1000-107-07-028. 7:45 p.m. Application for SAL CAIOLA, by David E. Kapell as agent, 143 Sixth Street, Greenport, NY for a Special Exception to the Zoning Ordinance, Article V, Section 100-50(B) [3] and Article VI, Section 100-51, Bulk Schedule, for permission to construct condominium units (multiple dwelling units) to be located at the South Side of C.R. 48, Southold, NY; County Tax Map Parcel ID No. 1000-51-5-2. Zoning District: M-1. Ail persons wishing to be heard on the above applications shall appear at the time and place above specified. Dated: December 29, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN (by Linda Kowalski) Instructions to newspapers: Please publish once, to wit: Thursday, January 6, 1983, and forward one affidavit of publication to: Board of Appeals, Main Road, Southold, NY 11971, on or before January llth. Copies have been mailed to the following on 12/30/82: L.I. Traveler-Watchman, Inc. Suffolk Times, Inc. (hand delivery 12/30/82) Environment East Inc., for Mr. and Mrs. Edward Pressler Dr. and Mrs. Thomas Samuels ¥ ~'~ ~/ ~<'~,~ ~ d~. J. Hayes Kavanagh, Esq. for Otto Zapf Mr. Robert Ketcham, for Cathy Volinski Mrs. Cynthia Kaminsky Mr. David E. Kapell for Sal Caiola Copies also distributed to the following 12/30/82: Supervisor and Members of the Town Board Town Clerk Bulletin Board Building Department (Mr. Lessard) ZBA Members FORM NO. 3 TOWN OFSOUTHOLD BUILDING DEPARTMENT TOWN CLERK'SOFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ · o :V: ...... PLEASE TAKE NOTICE that your application dated .. ~.. Z ............ 19 ~ for pe~it to construct.., r/~.~G~ ~.-~/~//~ ~ ........ at Location of Pro perry., .... ,.~ ~. ~/ff~..~~ ..... ~~ County T~ No. 1000 Section ~[~ Block ~ .... Lot . ~.~/~ ..... is returned herewith and disapproved on the following grounds ~.~../~. ~. ~/~:~. ff Bulldog Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO.~,~9/---~ ./ DATE .. ~~.;',.~ Anita M. Samuels Box 89B, Haywaters Rd. 1, (We) ................................................................. of ............................................................................ Name of Appellant Street and Number Cutchogue, N.Y. N.Y. ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Dr. & Mrs. Thomas E. Samuels Name of Applicant for permit of Bo~c 89B Haywaters Rd. Cutchogue, PERMIT TO USE PERMIT FOR OCCUPANCY Permit £or swimming pool 1. LOCATION OF THE PROPERTY Haywaters Rd., Cutchogue ~ N.Y. Stre;i 0;; District on Zoning Map iii o¢i (2) Map No. Lot No. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Lot ?~2 is szngle & separate building lot. Principal use is a 1 £amily dwelling_ V~z. ianee is-z'equiz, ed bo consbz'uot i~ ~z-ou~d pool as principal 3 TYPE OF APPEAL Appeal is made herewith for N.Y.$.D.E.C. permit building. (~) A VARIANCE to the Zoning Ordinance or Zoning Map pending A VARIANCE due to Pack 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) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ()c) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ~'orm ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Lot ia adjacent to proper~ on whioh prinoipal ~esidenoe of a~plicant ia loeated, .Th? .poo.1 ia. to. be e~.~side ~. an adJt~.?t to that ~elling. The Aot due to irs penaltiea on Joint ~ahip for eetate taxea ~u death. Ul~n ~eath of either pe~on the Iota wil.1 be. ~e~ge~. Ale~,.if the p~oper~y ~e~e in ala~le o~nerahip, a variance ~uld for oonst~tion in a aide ~rd, The ne~eaeary letter ah~uld be ~ante~. The poox oomror~a To · · Land Uae Re~alations, 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because Both late a~e small late, There is not auffi~ient area on the house lot to i~tall a pool, The ba~kyard ia umavailable, due to D,E.C, zest-fictions im b~tt. ldJ. n~ within ?~ of tidal The~o~e~ Lot ~2 ia the onl~ area ~he~e pool oan 3 The Variance would obs~rv~ tge ~spirit ~of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because There are on Fishex~ana Beach several late a~acent t~ ~ ~le o~ ~ ~ ~c~ to ~ia a~t~. ~s e~ien will.~e for ~ti~ p~e the ~ibi~ of the eo~tion of ~ ~~ h~ in w~t I no--er, ~ envirom~ent~ll~ fx~-~ile area. STATE OF NEW YORK ss COUNTY OF Sworn to this ')/(~ day of ................. ~ ........... Notary Public PECSY F~t,)ELL~ NOTARY PL]~LIC, State ol New York Signature 19~'y/ TOW'H OF SOUTHOLD P~OPERTY Lr. CORD CAI~D ~'~ OWNER FORMER OWNER STREET VI LLAGE DISTRICTr -( ~ I ACREAGE LOT ~ W TYPE OF BUILDING RES. 2 / 0 LAND / /U d ,/J: ,, , . SEAS. IMP. AGE NEW Farm Tillable 1 Tillable 2 Tillable 3 BUILDING CONDITION NORMAL BELOW ^BOVE Acre Value Per Acre Value Wcodland Swampland Brushlan~t-~ House Plot Tctal t M. Bldg. ~ Foundation' r Bath Extension I Basement / Extension ' ,/ ~..~, ~, _ ~¥.~ _,~_ 0 ~/' 2 / £) _~;_Walls Extension Fire Place ~ ~. c ~.:~ _j_~ ~.~¢ z 6, ~ ~ ~..~ /Z ~/ ..... Porch Attic Porch Rooms 1st Floor ~ ," Patio Rooms 2nd Floor Garage ,~(;' ~ )(:: ~ ~ .'.~ / "~. ;Lr Driveway TO¥~'N O; $OU~THOLD ~'~OPF. P~TY R~COF~D CA~ ,_5/: '/ OWNER STREET VILLAGE FORMER OWNER N E S W DISTRICT SUB. LOT I ACREAGE ,., I ' RES..~// SEAS, (VL.'-- LAND IMP. TOTAL lb, X:. AGE NEW Farm Tillabie Tillable 2 Tillable 3 FARM DATE W¢odland Swampland Brushlond House Plot Total BUILDING CONDITION ~ .- .~.~ - ~ .. ~, .~,~ ' - ~-_ .. -- ~ORM^L .E'OWABOVE [ :~:~ /v,~ :,./::o.,,,.,: ~ V: :.~,-~ '. Acre J Value Per Acre Value COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 June 20, 1983 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number ~nita M. Samuels Last Associates John & Linda Kowalski 3061/ 3070 3091 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, 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: XX Variance from the Zoning Code, Article III , Section 100-30(A) Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit ill Appeal No.: 3061 Applicant: ANITA M. SAMUELS Location of Affected Land: S/S Haywaters Road, Cutchogue County Tax Map Item No.: 1000-111-1-41 Within 500 feet of: Town or Village Boundary Line ×X Body of Water (Bay, Sound or Estuary) Cutchogue Harbor 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 ~X~~ permission to ~nnstruct 25' by 40' s~,hj~mf tn "fr~]~klnq in" of wafer ¢nr in~fia? filling of pool rather Copies of Town file and related documents enclosed herewith for your review. Dated: June ;~, 1983. Secretary, Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR SERGE DOYEN, JR ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- :STATE ROAD 2:5 :5OUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 February 28, 1983 Mr. and Mrs. Thomas E. Samuels Box 89B, Haywaters Road Cutchogue, NY 11935 Re: Appeal No. 3061 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 be 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 GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary '1 PERMIT B A,ICLE 15. (Pro, etlon of W,ter) [~ ARTICLE 2S. (Tidal W,tlend,) ,SSUEO TO ' ' ~.DDREss OF PERMITTER 04 ][O1L"Ch HIS.II. S~"e~t : //~hlzman's ~eaeh Roads Cumhorut, Iff 11935 SouChaq)tone BY 11968 LOCATION OF PltOIECT (Section of stream, iidal w~tland, dsm, buikJln8) DESCRi~'IOHOFP~OJE~T Con~tFuet m 26' · ~O' ~nSrmmd mrlnmtn$ pool md ~1mbeF de;-Ln8 ipso1 w~,th outside dlmioal of ~5a x 50* Ig~oz~Lu8 to pXm subuLtted bptedmt 7, Ld)t ,3, ~aLt~,r/aX ~.avate& for pooX to be md u bsdr~tll &romd pool ...... o.,o.. o, .. ,,,, ..... cO~ki, UNITY NAME (City, Tow~, ¥il'lale) TO. WN ' CO0~lry , '' NO.' DAM NO. PEJ~AIT EXPItATIOH OATE fog !,* T~e ,j~rndttae shah file lo the office of the apl~oprlate Regional Per'df Adll~HIOItMe s notice of intention to commence work at least 48 M t~n atlvalKe Of the time Of CNlencement and shell also notify him MJyFB writl~ Of the cse~)letlon Of the 2. The ~ermitted v~k shell be sub~gct to InsPection by an anthofIzed rap~eseutatJve d the ,De94ttmeflt of Environmental Conservation who may order the work ampoflded if the public Inta~est so S. As s condttlso of the tssuxnce of this permit, tl~ aliollcaut has ac. ceptad exlXessly, bythe execution of tho 4ppllcstino, the full legal respon* stbthty for all dsotlpa, dirKt or indirect, of whatever II,tufa, and by whom- ever suffered, erlxini eof M ihe im)Ject desCribed herofe and has agreed to indemnify lad ssve harmless the State from suits, actio~s, damages sod c~ts of every SOBe and description resulting from the said IxoJect. 4. Any muterl~l dialled i~ the i~osecutlon of the work herein permitted thiill be removed evenly, without leaving IIr~e refuse plies, tidies acroes the had of the wsterwly M flood plain of deep holes that may have a tendency to cause injury to navigable chanhels M to the hanks of the waterway. S. Any material to be deposited or dumped under this pMmlt, ellher in the waterway or on shore above hish.,water mirk, shall ho deposited of dumped ai the locality shQw~ on the drawio$ hormo attact'~l, and, ii so ~escrihod thereon, within of hokind a lend end subst&utial bulkhead of bofkhond~, such as will prevent escape of the material into the waterway. S. There shall be no unceasonibte interference with niVlBofiml by ~io, work herein authorized. 7. That il iutu~e operations by the St&te of New Yo~k re~llkWli l#1411~lm I FIA CCYaMUNITY GFNERAL CONDITIONS 8, That the State of New Ye4 shell In ~ ca~ M fll~ ~ ~y or Ifljmy to t~ strKt~ W w~ ~rem IM~lz~whick my ~ cau~ ~ resu~ from fM~ o~oflo~ M~lken ky ~ ~ ~ t~ ~tlon or imwovemnt of Mvl~l~, ~ ~ MW W~es, aM ~ cbli M rliM to c~wnsatlon shll accrw f~ Ily ICh imle. ~, That Jf tM dJspJiy Of lilhts eM SISMIs ~ iffy w~ ~ is nut utheMIse pf~id~ for by IIw, ich lights I~ SilMIt O my ~ SCrJ~ by the UnJtH States C~st G~ s~ll b IniMl~ aM by i~ at the exMn~ of t~ o~er. W. All work clrrl~ oM ~e~ t~ ~t shil k M In dace with estab~is~ e~i~erifll ~ict~e i~ JR i wkm~e ~r. 11, if ~raM~ uMer ~Jctev 24 ~ 2S, t~ 0eMfl~ ~N~ t~ ri~t to r~sider this e~vil it any tim I~ after dM Wlee e~ ~lrl~ contioue, resci~ M ~ify this ~mlt iff J~hl ~fl~ Is ly M'~ ~ just a~ equitable. If u~ t~ expiration M Nv~iti~ d ~l ~ m~ification of the wetJi~ ~by admixed hs W M~ M& t~ ~plicint sbU, wit~ut expense to t~ Rite, i~ to I~h d d JoSh tim a~ mn~r as ~ ~p~mnt of Environ~ii C~M~M ~y ~mve all or say ~flJ~ of t~ unc~ple~ strKture ~ fha I~mtm site to its f~mr co, ilion. No claim shoal ~ mdt liliW t~ bNif ~w 12. This ~mit shall nM ~ conutr~ is C~eyJ~ ~ ~ i~lM fi~t to tres~ls ~ t~ lams M ime~fe~ with t~ fl~ ~l M ~ to ~Mm t~ Mrmi~ wk M as iMhMizi~ the IwiMM any title M iMaM le real ~ ~al ~y ~id M ~M M i ~M M ~y to t~ ~if. n the position of the structure of work herein authorized, gf iff llltlBaifi~. 13. The pumlttae is reslxmsible for obtainM8 any uthor pumlts, ~f the Department o! Environmental Conservation it iAofl cIme. M :,.~ povofs, lands, easements and filMs-of-way which may he re~dred bstruction to the free navigation Of said warms M th)nd IIIPE~.W ~ ~pi~jalCt. )e health, safety or welfare of the PUQ~Ie Of the Staler Of I~ OI qa~ilq~ll~: · ' the nitro'al resources of the State, the owMr may he M I~ if~lrl~'.1 14. I1 Ifeuted under Article 36, this permit is grimed solely on the basis ,~nt to remove of alter the structul'al wm'k, obstructions, or M Clam, MtJit raquJfemeofs of Alticle $6 of the EnvirofllMntll C0flsor~MIofl L.tw and ~reby without expense to the State; and if, upee the exlMrati~l (Il' ~ ~tt I~ Of 6 NYCItR (Consttuctio~ in Plond Plain Areas hevlr4 Special Fiend this permit, the structure, fill, excavation, ~ Mher mndfficofloo d ~io lercourse hereby authorized shall not be completed, the metae~ hour expense to b~e Slate, and to such extent and in sech time and emutlM the Department of Environmentat Coflservatino may require, remm'e III M purtion of the uncompleted structure or fill and restme to its f~er dillon the navisabJe and flood capaciiy of the watercourse. No claim shall made asains! the State of New York on account of any such removal or ~)-4 (9/?5) HI,lards - Building Permits) and in no way sllltlflae that the Im)J~t will be free Imm flooding. 15, By accel)lance of this permit the permlttee Mreas that the paflelt is contingent upon strict compliance with the special condifi(ms on the mverse side, (SEE REVERSE SIDE) SI~CIAL CONDITIONS B&clm~sh 8yo~em shall be located a minimum of lO0" landward of ~he tidal ve~Z~d bounda~'y. gEE ATTJ~I~-D ADDITIONAL CONDITIONS A-J PERMIT ISSUE DATE J PERMIT ADMINISTRATOR DORESS NYS Dept. of EnVo Con~erv&tion JAMESH. RAMBOJNC. BISHOPS LANE SOUTHAMPTON, N. Y. 11968 PHONE; (516) 283-1254 WUNNEWETA ROAD CUTCHOGUE, N. Y. 11935 PHONE: (516) 734-5858 January 27 ,, 1983 Southold Town ZBA Main Road #25 Southold, N.Y. 11971 Att: G. Goehringer, Chairman Dear Slr: Roy Haje of Enconsultants, Inc. will represent Mrs. ~haita Samuels (Box 89B~ Haywaters Rd. Cutchogue) at your meetlng on 2/~/83. Thank you. Sincerely Thomas E. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SI'lUTHOLD, L.I., N.Y. 1"1cj'71 TELEPHONE (516) 765-1809 January 25, 1983 James H. Rambo Inc. Wunneweta Road Cutchoque, NY 11935 Mrs. Anita M. Samuels Havwaters Road, Box 89B Cutchoque, NY 11935 Re: ADDeal No. 3061 - Variance for Pool and 280-a Dear Mrs. Samuels and Gentlemen: Please take notice that the date of the next Reqular Meetinq of the Board of Appeals has been chanqed from Thursday, Feb- ruary 3rd until Friday, February 4, 1983, same times and Dlace. It is requested that someone appear in behalf of the applica- tion of Mrs. Samuels on February 4, 1983 at 8:00 p.m. Please confirm the above with our office. Yours very trulv, GERARD P. GOEHRINGER lk CHAIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR SERGE DOYEN, .IR, ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN RI:3AD- STATE RrlAD 2:5 SOUTHE]LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 January 14, 1983 Mrs. Anita M. Samuels Box 89B Haywaters Road Cutchogue, NY 11935 Re: Appeal No~ 3061 Application for Variances Dear Mrs. Samuels: Last evening a public hearing was held concerning your recent application for variances for approval of access and for permission to construction an inground swimmingpool on a vacant parcel. A few of the board members had questions but no one appeared representing your behalf. The hearing has been recessed until our next Regular Meeting, February 3, 1983 at 8:00 p.m. in order for someone to appear. If you have any questions, please do not hesitate to call our office. Yours very truly, GERARD P. GOEHRINGER lk CHAIRMAN :( EN, pursuant to Section 257 of the town Law and the Previ- sions of the Amended Code of the town of Southold, a Regu- lar Meeting and the following Public Hearings will be held by the Southold Town Board of appeals at the Town Hall, Main road, Sonthold, New York on FRIDAY, FEBRUARY 4, 1983 commencing at 7:30 p.m. and ns follows: 7:30 p.m. Application of FRANK TARULLI, 1540 North Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article m, Section 100.03 for pe~ission to con- struct accessory horSe stable and staff one horse for person- al use in this A-Residential District at 1540 North Bayview Road, Soothold, NY; County Tax Map Parcel ID No. 1000- 06-022.1. 7:35 p.m. Application of LAST ASSOCIATES, Box 796, Cutchogue, NY for a Variance to the Zoning Ordinance, Ar- ticle HI, Section 100-31 for permission to construct one- family dwelling with reduced front and rear yard setbacks upon parcel located on the north side of Birch Avenue, Southold, NY; Conty Tax Map Parcel ID No. I000-77-01-021. 7:40 p.m. Application for GRACE E. KENNEY, 2020 East Gilletre Drive, East Mar- ion, NY for a Variance to the Zoning Ordinance, Article HI, Sections 100-31 and 100-34 for permission to construct addi- tions to existing dwelling in- creasing the lot coverage over the 20% allowable and redu- cing the front and roar yard setbacks, at 2020 East Gillette Drive, East Marion, NY; Mar- ion Manor Subdivision Map #47; County Tax Map Parcel ID No. 1000-38-03-030. 7:45 p.m. Application of GEORGE AND NATALIE WHISER, Harbor Lane, Cut- chogue, NY for a Variance to the zoning Ordinance, Article HI, Section 100-32 for permis- sion to construct accessory garage in the frontyard area at 1415 Harbor Lane, Cutchogue, NY; County Tax Map Parcel HI No. 1000-97-06-010. 7:50 p.m. Applicaton for EAST END SUPPLY CO., INC. by Irving L. Price, Jr., Esq., 828 Front Street, Green- pert, NY for a Special Excep- tion to the zoning ordinance, Article VHI, Section 100-80B for permission to construct warehouse-office building in this "C-Light Industrial" Zone. Location of Property: South Side of Corwin Street, Greenport, NY; County Tax Map Parcel ID No. 1000-48-02- en2 & 003. 00 p.m. Recessed Hear-x) Appeal No. 3061. AN1T~ SAIVlUELS: (1) Pool on( t lot; (2) Approval ot~ ~.~00 p.m. Recessed Hear- ing; Appeal No. 2930. SAL CA1OLA. To contract condo- minium units at C.R. 48, Sonthold, NY. 8:10 p.m. Application of RONALD J. ROTHIviAN, Box 878, Southold, NY (Owner: V. L'Epplatrnier) for a Variance to the zoning ordinance, Art. cie HI, Section 100-31 for permission to construct new dwelling with insufficient front and road yard setbacks at Lakeview Avenue, Pecon~ic, COUNTY OF SUFFOLK STATE OF' NEW YORK NY; Peconic, NY; Peconic Shores Section 11, subdivision Lots 52-56 incl.; County Tax Map Parcel ID Nos. 1000-67- 03-002, 003, 012 and 013. 8:15 p.m. Application of VvqLLIAM B. BERLINER, JR., Box 647, Mattituck, NY :Owner: B. Norris) for a Vari- ance to the zoning ordinance, Article VII, Section 100-71 for permission to construct green- house addition with reduced sideyard setback at 105 Love Lane, Mattitack, NY; County Tax Map Parcel ID No. 1000- 141-04-031. 8:20 p.m. Application of JOHN & SABINA BASIEL, 510 Custer Avenue, Sonthold, NY for a Variance to the Zoning ordinance, Article IH, Section 100-31 for permission to construct addition to exist- ing dwelling with reduction in frootyard setback at $10 Cus- ter Avenue, Southold, NY; Falrview Park Subdivision Map 3388, Lot 11; County Tax Map Parcel ID No. 1000-70-08- 033. 8:25 p.m. Application for JOSEPH & MARY GNOZZO, by Gary Flanner Olsun, Esq., blain read, Matrituck, NY for a Variance to the Zoning Ordin- ance, Article VI, Section 100- 60 end Article Xl, Section 100-118D for permission to reinstate nonconforming dwelling use for existing build- ing in this B-Zone at 73265 Main Road, Greenport, NY; County Tax Map Parcel ID No. 1000-45-03.002. 8:30 p.m. Application of IRENE & POPPI PAPADA- KIS, Main KRoad, BOx 28, Orient, NY for a Variance to the Zoning Ordinance, Article HI, Section 100.30 for permis- sion to use part of residence for a skin care clinic at 26165 Main Road, Orient, NY; Coun- ty Map Parcel ID No. 1000-18. 03-023. Dated: January 13, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER* CHAIRMAN GERARD P. GOEHRINGER, CHAIRMAN (By Linda Kowalski) IT-1/27/83(10) Patricio Wood, being duly sworn, says that she is the ~r, of THE LONG ISLAND TRAVELER-WATCHMAN, blic newspaper printed at Southold, in Suffolk County; that the notice of which the annexed is a printed copy, been published in said Long Island Traveler-Watch- once each week for ...................... ./. ................ weeks essively, commencing on the .......... :~ ........................ ..... ~. ...... .~%~.-...:~..Z..-.~ ................ , ,~..'..:... ~, \ Sworn to before me this C~? ~ ................................ day of ...... ":.~. ~.~..r.~.~ .............. , 19..~. Notar~7~Public L~/ ~he Tow~ Law and the Provi- sions of tho Amended Code of ~he Town of Southold, a Regu- lar Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals at the Town Hall, Mah: Road, Southold, New York on THURSDAY, JAN- UARY 13, 1983 commencing at 7:15 p.m. ~nd as follows: 7:15 p.m. Application of MR. AND MRS. EDWARD PRF~SLER, by Environment ~ Inc. ss agent, ~075 Indian Neck I~ne, Puconi:, N.Y. for a Variance to the ZonIng O~din- ance, ~ 1IL Section 100-./~ 31 for permission to resident~l addition with re- duction in frontyard setback at 110 Grove Drive, Southold, N.Y.; Reydon Shores Filed Map No. 631, Lots County Tax Map Parcel ID No. -O80-04-024. \ 0 p.m. Application of A M. SAMUELS, Box Haywsters Road, Cut- e, N.Y. for Variances: (I) to t~e Zoning Ordinance, HI, 100-30(A) Article Section (1) for permission to construct inground pool on a vacant lot~ (2) to New York Town Law, Section 280-a for approval of access. Location of Property: South Side of Hay~vaters Road. a/k/a 15S Fisherman's Beach Road), Cutchogue, N.Y.; lot No. 2, Map of Peconic Bay Properties, Inc., Filed Map No. 786; County Tax Map Parcel ID No. 1000=111-1-41. 7:2S p+m. Application of' OTTO ZAPF, by J. Hayes Kavanagh as attorney, 666 Fifth Avenue, New York, N.Y. 10103, for a Variance for approval of alternative access over rights-of-way located off the North Side of Main Road, Orient, N.Y. over lands now or formerly of Kyrkostas and .Demarest. Location of Parcel In Question: R-O-W off the North Side of Main Road, Orient, N.Y.; County Tax Map Parcel ID No. 1000-13.2.4. 7:30 p.m. Application for CATHY VOLINSKI, by Robert Ketcham, Box 295, East Mar- ion, N.Y. for a Variance to the Zoning Ord'mance, Article VII, Section 100-70 (C) (1) for permission to place wall sign on existing building at 27980 Main Road, Cutchogne, N.Y.; County Tax Map Parcel ID No. 1000.102-86.pan of 006. Zon. ing District: B-I. 7:35 p.m. ~.pplication of CYNTHIA KAMINSKY, 75 Woodcliff Drive, Mattituck, N.Y. for a Varixnce to the Zoning Ordinance, Article II1, Section 100-31 for permission to construct enclosed pool and~ deck areas, which will exceed the maximum permitted 20% lot coverage requirement of the zoning code. Location of Property: 75 Woodcliff Drive, Mattituck, N.Y.; Couuty Tax Map Parcel ID No. 1000-107. 07-028. I:~,~ p.m. Application for COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- / man once each week for ........................................ weeks successively, commencing on the .................................... Swo,rq to before me this ................................ day of ............ ............. , SAL CAIOLA, by David E. Kst~II ss agent, 143 Sixth ' St~.t, Greenport, N.Y, for a .. .. . Special ~ption to the ~n- ~~ z~ (s) (3) ~ LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended C~e of. the Town of Sunthold, ? r~gmar Meeting and the fol- lowing Public Hearings will be held by the Southuld Town HBoa. rd.o.f .Ap ~peals at the Town all, .~lam Road, $outhold, New York on THURSDAY, .JANUARY 13. 1~3 COmmenc- ing at 7:15 p.m. and as follows: 7:15 p.m. Application of MR. AND MRS. EDWARD PRESSLER, by Environment East Inc. as agent, 3075 Indian vNa~rfa nL~cne, Peconic, NY for af ce to the Zoning Ordinance, Article III, Section 00-31 for permmsmn to con- struct residential additio~ with reduction in fruntyard setback, at It0 Grove Drive, Southold, NY; Reydon Shores Filed Map No. 631, Lots No. 4 and 5; County Tax Map Parcel I~No. 1000-0~0-04-024. f7:20 p.m. Application of fANITA M. SAMUELS, Box l' 89B, Haywathrs Road, Cotchogua, NY for Variances: (1) to the Zoning Ordinance, Article III, Section 100-1 30(A)[1] for permission Lo construct ingruund pool on a vacant lot; (2) to New York Town Law, Section 280-a for/ approval of access. Location ,f Property: South Side of taywaters Road (a/k/a 155 ?sherman's Beach Road), .utchogue, NY; Lot No. 2, lap of Peconic Bay 'ruperties, Inc, Filed Map Ia. 786; County Tax Map arne] ID No. 1000-111-1-41. . 7:25 p.m. Application of OTTO ZAPF, by J. Hayes Kavanagh as attorney, 666 Fifth Avenue, New York, NY 10103, for a Variance for approval of alternative access : over rights-of-way located off the. North Side of Main Road, Or~ent, NY over lands now or formerly of Eyrknstas andt Demarest. Location of ParceL~ in Question: R-O-W off the North Side of Main Road, Orient, NY; County Tax Map Parcel ID No. 1000-13-2-4. 7:30 p.m. Application for CATHY VOLINSKI, by Robert Ketcham, Box 295, East Marion, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-70(O[1] for permission to place wall sign on existing building at 27980 Main Road, Cutchogue, NY; County Tax Mal) Parcel ID No. lOoo-102-86~part of 006. Zoning District: B-I. 7:35 p.m. Application of CYNTHIA KAMINSKY, 75 Woodcliff Drive, Mattituck, ~NY for a Variance to the,~ ~oning Ordinance, Article III, Section 100-31 for permisSion to construct enclosed pool and deck areas, which will exceed the maximum permitted 20% lot coverage requirement of the zoning code. Location of ~P~?..p?ty: 75 Woodcliff Drive ma~utuck, NY; County Tax Map Parcel ID No. 1000-107-07. 028. 7:45 p.m. Application for SAL CAIOLA, by David E. Kapell as agent, 143 Sixth Street, Greeaport, NY for a Special Exception to the Zoning Ordinance, Article V, Section 100-50(B)[3] and .Article VI, Section 100-51, Bulk ~chedule, for permission to. ff~ construct condominium units (multiple dwelting-tmitz~ to be ~. located at the South Side of ~ ~ap Parcel ID No. 1000- 51-5-2. Zoning District: M-L All persons wishing to be heard on .. the above applications s'hati appear at ~the time and a ,.a~...,.~, P~ ce above COUNTY OF SUFFOLI~o ~ ss: STATE OF I~EW YORK. .~.~.o.~r. ~u~tav~on being duly Sworn, s~s that .~e ..... is P~inter ~ Publ~her of ~ SUFFOLK W~KLY TIMES, a newsier pub~sh~ ~ G~n~rt, ~ ~d count: and ~at ~e naris, of w~ ~e ~e~ is u pr~t~ ~py, ~s ~en published ~ ~ ~ Suf~lk W~k~ T~es once in each w~k, ~ . one weeks suc~ssively ~mmencing on ~e ........................ d~ of nuarv ~ ~ 19 ~3 ........ S~ ' · ..... day of ,.. J.~y ...... t~LEN ~. DE ¥OE NOTARY PUBLIC, $tat~ of New No 4707878, Suftolk Count~.~ Term Exp*~es March 30, 19~-~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Anita M. Samuels totheBoardofAppealsoftheTownofSouthold TO: Eileen Eberhardt 514 W. Broadway Port Jef£erson, N.Y. 11777 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 (.V.a.rianc,e) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property .w, hich is the sub ect of the Petition is located adiacen~ to your property and is des- cribed as follows: Lot ,iS Count2~ ff~a>~ [?ap Ii! ~:[ock O1 Z. ot 0~1 ~ub~]~ v~ s'~on ~econic ~ ~ .... , - - ~?g5 Lot [<~o. 2 3. That the prot~erty ~which is the subject of such Petition is located in the following zoning district: ~es~aential 4. That by such Petition, the undersigned will request the following relief: ConstrLlcb a swim~in~ pool. Access to parcel along private road (i.[.Y. Law ~ection 2SOA) $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 3 Secticm lO0-30A , (1) 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. November 22, 1982 Petitioner Post ~)f'fice Address ~.~.~o× ~, Cutchogue, ~.Y. 119~5 ,ppem [ Sou old NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFI, ED MAIL RECEIPTS ADDRESS ]84 727 618 IFT FOR CERTIFIED MAIL SURANCE COVERAGE PROVIDED-- T FOR INTERNATIONAL MAIL (See Reverse) F NEW YORK ) ) SS.: ': ~,~;~:.., . .Ii. ~, ~' '~' , residing , h: , ~ ti I , ~ , being duly swo~ deposes and says that on the v da ~ ~ ,19 ~ ¢ , deponent mailed a true copy of the Notice set forth on the re- ~ ~eof, directed to each of the above-named persons at the address~ set opposite thor respective ~; that the addr~ses ~t opposite the names of said persons are the addr~ses of said persons as shown on the curet ~gn~ r~l]~f th~Town of Southold; that said Notices were mailed at the United Stat~ Post ~- fluent .~~ ~, ~.~ ;that said Notices were mailed to each of~id persons by (cemfi~) (regis~ed) ~ail. ~ ~ -- S~orn t° b~fore m~ t~ ~ ~ ~ ~o~r~ Pu~Hc PI~C~gY riNELLI NOTARY PIJ~;LIC, State of New York No 47~6725, Sulic~k Coun~ Term Expires Ma¢ch 30, 19~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTH. OLD, L.I., N,Y, 11cJ71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR S. E. Q. R.A. December 22, 1982 SERGE DOYEN, .JRr ROBERT J. DOUGLASS NEGATIVE DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3061 PROJECT NAME: ANITA M. SAMUELS This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act ~f the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take 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: (a) Approval of access over a private road; (b) Approval of construction of pool on a vacant parcel. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Haywaters Road (Fishermen's Beach Road), Cutchogue, NY; 1000-111-1-41. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the ~nvironment are likely to occur should this project be implemented as planned. (2) Pursuant to Article 25 of the Environmental Conservation Law, applicant has received approval from the N.Y.S. Department of Environ- mental Conservation, Permit #10-82-0740, for new construction of the proposed swimmingpool applied for in the variance application. (3) There is to be no disturbance to vegetation or topography within 50' of mean high water. FOR FURTHER INFORMATION, PLEASE CONTACT: Mrs. Linda F. Kowalski, Secretary, Southold Town Board of~Appeals, Main Road, Southold, New York 11971. Telephone: (516) 765-1809. Copies of this notice sent to the applicant(s) or agent(s) and other involved agencies [if any] and posted on the Town Clerk Bulletin Board. JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 6, 1982 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, Town Clerk Transmitted herewith is Appeal No. 3061, application of Anita M. Samuels for a variance. Also included is: Notice to Adjacent Property Owners, Short Environmental Assessment Form, Letter relative to the N.Y.S. Tidal Wetlands Land-Use Regulations, copy of D.E.C. Tidal Wetlands Permit No. 10-82-074 (Thomas Samuels), Surveys of the Property, Notice of Disapproval from the Southold Town Building Department. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.,~)~'/ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) ...... .................... of ....... ....... Name of Appella,nt Street and Number Cutch~,ue ~ .............. · ^PP L TO MunicipaLity, State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO D~. & PIr8o ~houao Eo Samuels Name of Applicant for permit Street and Number Municipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ....~~....~..~..~.~i...O....l~..~L..~..e..~...e. ........................ Street Use District o.n Zoping Map zn (e) 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.) 3. TYPE OF APPEAL Appeal is made herewith forJje1~'o~eDej~eCe .j~.,~J.J b l~J~o X ) A VARIANCE to the Zoning Ordinance or Zoning Map ~I~L1LI~; A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZBi (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIP becau~ Lot is adjacent to property on which principal residence of applicant is located. The pool is to be considered an adjunct to that dwelling. The lot is in single and separate ownership due to IRS penalties on joint ownership for estate taxes on death. Upon death of either person the lots will be merged. Also, if the property were in single ownership, a variance would be required for construction in a side yard. The N.Y.S.D.E.C. application is pending. Since pool is in excess of 75' from ~W, a no permit necessary letter should be granted. The pool conforms to the Land Use Regulations. 2. The hardshipcreatedis UNIQUEand isnotshared by all properties alike in the immediate vicinity of this property and in this use district because Both lots are small lots. There is not sufficient area on the house lot to install a pool. The backyard is unavailable, due to D.E.C. restrictions in building within 75' of tidal waters. Therefore, Lot ~2 is the only area where pool can reasonably be constructed. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because There are on Fishermans Beach several lots adjacent to e~isting homes on which residences are not constructed. There will be little or no visual impact to this structure. This construction will remove for practical purposes the possibility of the construction of an additional home, in what I consider, an environmentally fragile area. ) ss ........... Si~nat"'-ure ....................... COUNTY OF ) Sworn to this ............................... ?....0 ......... day of ............ .~.......: ............................. 19~"V'/ .............................. Pub,c P£~Y FIN[LLI NOTARY P~BLtC, State of New York No, 4716725~ Sulfoll~ Coun[y Tern~ Expires M~)rch · ?i[~. SHOR[ EHVIROHH[ilqTAL ASSESShtLHI ru~,~ .? (a) I~ o~de~ 1o onswez' the questions in this sho~t EAF ~t ~s assumed that the preparer ~'~i~ use. currently available information concerning the projec¢ and the l~ke~y impacts of the action. It is not e×pec~ed that odditiono} stud/es~ reseazch o~ other ~nvestigations ~'~ill be undertaken. (b) If any question has been answered Yes the p~o)ec¢ may be s~gnif$cant and a compZeted Envi~onmental Assessment Fo~m Ss necessary. (c) If al1 questions have been answered No it Ss like1y that this ~s not significant. -. Pr° etd ^s essment 1. W±II pro]ect ~esult in a large physica1 change " to the pro)act site o~ physically alte~ mo~e than 10 ac~es of land? ........................ Yes 2. ~'l&iI the~e be a ma)or change to any unique o~ -unusual land fo~m found on the s£t&? .......... Yes 3. ~'/ill pro3ect aIte~ o~ here a 1a~ge effect on existing body of ware=? ....................... 4. ~'~11 p~o3ect have a potentially la~ge impact on groundwate~ quality? ........................ Yes 5. ~'/ill p~o3ect significantly effect d~ainage Yes q flo~.~ on ad)acent sites? ....................... ,- , 6. ~?i1~ p~o)ect affect any threatened o~ endangered plant or animal species? ........... ... .Yes 7. ~'/i~1 pro3ect ~esult in ~ ma3o~ adverse effect on air quality? .............. .................. Yes 8. ~?iIi pro)act have a mo)o~ effect on visual character of the community or scenic views o~ vistas known to,be important to the community?. Yes '~'o 9. ~7ill pro~ect adversely ~mpact any site or .. structure of histo~'ic, prehistoric o: paleontoIogical importance or any site designated os a c~iticol environmental ezea ~0. ~7~1 p~o)ec¢ have a mo3or effect on existing or futu=e ~ecreat~onol oppoz¢un&~L~s? ......... Yes ~ ~1. ~'~i~1 pro3ect ~esul¢ in.ma3o~ ¢~affic p~oblems o~ cause o mo3o~ effect to existing transpo~tatlon systems? ....................... Yes }2. Will pro3ec¢ .~egularly cause ob3ec¢~onable odors~ no/se~ glo~e~ v/bra¢ion, or eIec't~ical disturbance as a ~esult of the p~o3ect's opero't~on? ......... ' ............................ Yes ~3. ~'~ill pro3ect have any impact on pubIic health or.safety? .................................... Yes 14. I'I~ p~o)ec¢ affect ~he exlsting community by ' directly causing o grow¢h in permanent population of more than 5 pe~ceot ove~ o one year pe~/od o~ have o mo)o~ negative effect on the charocte~ of the community o~ nelghborhood? ................................. .. Yes. ~ 15. Is there public controversy conce~n/ng the pro3ec¢? Yes PREPARER'S SIGNAIURE (?od~.y ' s/Daue) To: Southo!m Town Board of =._~_~gls ~.:a in Road Southo!d, NY 11971 Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use · ,=~-~ ...... 6 N~CRR, Part 661, and Article 25 of the New York ...... onmen~_l Conservation Law, pl=~e__~ be advised tna~ the su~ property iQ the within appeal a~llc~=_on: (please check one box} [ M~v be loc=tod -~. ~ ~ w!~n~n 300 feet of tidal wetiands; cons..=c.~u along the water-lying edge of thisp,~e_~y~ ~ is a bulkhead in very good condition and at least 100 feet in length.* [ ] May be located within 300 == = . ~e~ of tidal wetlands; however, constructed a!onc the water-lying edge of this properny is a bulkhead in need of (minor) (major) ~' and ' a___~.,_,,~u~_y feet In length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be locatedw~nzn'=' ' 300 feet of tidal wetlands; and there is ,nc bulkhead or .... wall ' con~_~=e . -- existing on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall '~ ' . wz~h~n the j.urisdiction of the N.Y.S. D.E.C.] ~' ' ~,~ incerely yours, ,, ..::-, .-::,.-~