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HomeMy WebLinkAbout3171 Southold Town Board of Appeals MAIN ROAD- $:::TATI=' ROAD 2m. SOUTHOLD, L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3171 Application Dated September 2, 1983 TO: Mr. Ewald M. Karbiner 39 Edgewood Drive New Hyde Park, NY 11040 (Public Hearing 9/29/83) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on October 11, 1983 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 Request for Variance to the Zoning Ordinance Article III , Section 100-31 [ ] Request for The public hearing on this application was held on September 29, 1983 at which time the hearing was declared closed pending deliberations. Upon application of EWALD M. KARBINER, 39 Edgewood Drive, New Hyde Park, NY 11040 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient frontyard setback, at 155 Sunset Path, Southold, NY; County Tax Map Parcel No. 1000-54-4-33. The board made the following findings and determination: By this appeal, appellant seeks permission to construct a 20-foot garage addition which would leave an insufficient frontyard setback from a private right-of-way known as Sunset Path at approximately 30 feet. The existing setback is 50 feet. The premises in question contains an area of 58,635 square feet with frontage along Sunset Path of 177.50 feet. Existing on the premises is a one-family, two-story dwelling with attached garage. The proposed addition is to be one-story, 25' in width and extend- ing 20 feet from the existing garage area, and is to be utilized for storage purposes. Article III, Section 100-31 of the Zoning Code requires a minimum setback of principal structures to be 50 feet from the front property line. The relief as requested is at a variance of 40% from that required by the zoning code, which is substantial in the board's opinion and if the variance were granted as applied, detriment to adjoining properties may be created. Therefore, the board deter- mines that in allowing an addition for storage, the size may be reduced which is feasible to appellant and which would be within the character of the neighborhood and would be in harmony with and promote the general purposes of zoning. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3171, application of EWALD M. KARBINER BE GRANTED PERMISSION TO CONSTRUCT AN EIGHT-FOOT ADDITION FOR STORAGE, SUBJECT TO THE FOLLOWING CONDITIONS: (CONTINUED ON PAGE TWO) DATED: October 12, 1983. CHAIRMAN, SOUTHOLD TOWN/ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3171 Matter of EWALD M. KARBINER Decision Rendered October 11, 1983 1. There shall not be less than a 42' frontyard setback; 2. There shall be a maximum height of one-story, or 10 feet; 3. The building shall not protrude past the existing established sideyards of garage area; 4. This addition shall remain as storage area and shall not be used as sleeping or living area for guests/relatives; 5. Existing structure must remain as a one-family dwelling (not to be used as two-family or multi-family). Location of Property: 155 Sunset Path, Southold, NY; County Tax Map Parcel No. 1000-54-4-33. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolution was unanimously adopted. IRECEIVED AND FILED BY THE SOUTHOLD TOWN CLEI~ ~DATE/~//~/~ HOUR APPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHAIRMAN CHARLES GRIGON[S. JR. SERGE DOYEN. JR, ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN I~DAD- STATE RDAD 25 SDUTHOLD, L.I,, N.Y. 11cj71 TELEPHONE [516 765-1609 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 Zoning Board of Appeals at the Town Hall, Main Road, Southold, NY on THUR.SDAY.~commencing at 7:30 o!clock p.m. and as follows: 7:30 p.m. Application of HIRAM F. MOODY, JR., Oceanic Avenue, Fishers Island, NY 06390, for a Variance to the Zoning Ordinance, for an interpretation of Article III, Section 100-30(A) [2] (b) & (c) to allow the construction of a horse barn on vacant land containing less than 10 acres. Location of Property: Private Road, East End of Fishers Island; County Tax Map No. 1000-10-6-1.7. 7:35 p.m. Application for KATHERINE HEINS, by Frederick J. Tedeschi, Esq., Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-31, Bulk Schedule, for permission to re-sepArate two parcels havln~ insuffi- cient area and/or width, located at the north side of Main Road, Orient, NY; more particularly identified as County Tax Map Parcel Nos. 1000-19-2-5 & 6. 7:40 p.m. Application for EDWIN W. STEWART, 8403 Parish Lane, Indianapolis, Indiana, for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-34, for permission to construct addition to dwelling reducing rearyard setback, at 20 Carote Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-2. 7:45 p.m. Application for JACQUELINE PENNEY, by Garrett A. Strang, Main Road, Southold, NY for a Variance to the Zoning Ordi- nance, Article VII, Section 100-71 for permission to construct addition with reduction in sideyard setback, at premises zoned "B-1 General Business" and identified as 270 North Street, Cutchogue, NY; County Tax Map Parcel No. 1000-102-5-18. p.m. Application of EWALD M. KARBINER, 39 Edgewood Drive,~ 7:50 Hyde Park, NY 11040 for a Variance to the Zoning Ordinance, Page 2 Legal Notice of Hearings & Regular Meeting Southold Town Zoning Board of Appeals Article III Section 100-31 for permission to construct addition ~ fro dwelling with an insufficient frontyard setb~ck~ at 155 Sunse~ ath, Southold~ NY; County Tax Map Parcel No. 1000-54-4-33. 7:55 p.m. Application of ROBERT J. DOUGLASS; Willow Terraced Orient, NY for a Variance to the Zoning Ordinance~ Article XI~ Section 100-115 for screening around the periphery of the existing junkyard area, at premises located at Willow Terrace Farms~ con- taining approximately nine acres and more particularly identified as County Tax Map Parcels No. 1000-26-2-39.9, 39.6, 39.5~ at Orient, NY. For additional information concerning the above matters~ please contact Linda Kowalski, Secretary: Zoning Board of Appeals, at 765-1809 (or 1802). Dated: September 13, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN Instructions to newspapers: Please publish once, to wit: Thursda¥~ September 22, 1983, and forward one affidavit of publication to: Secretary, Z.B.A., Main Road, Southold, NY 11971; tel. 765-1809~ by 9/27. Copies to the following on or about September Mr. Hiram F. Moody, Jr. Mrs. Katherine Heins Frederick J. Tedeschi, Mr. and Mrs. Edwin W. Mr. Garrett A. Strang, Mr. Ewald M. Karbiner Esq. Stewart for Ms. 20 uh. Jacqueline Penney Mr. Robert J. Douglass John J. Munzel, Esq. ZBA Members Town Board Members Supervisor Town Attorney Mr. V. Lessard (Building Dept.) Town Clerk Bulletin Board FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date .............. .~?...~..: 19 ~..~ PLEASE T~KE NOTICE that your apO~cation dated for pemit to construct.. ~ C ~ ~..~.~ ~... ~dt~~. ~t~. '....; at ~o~o~ o~ ~o~y .. .... . :~>... :.. ~~...~ ....... ~~..;.. co~ty ~ax ~ap No. ~000 S~tio~ ....... ~C~. ~o~k ...... % ..... Subdih~on ~ F~ed Map No.. ~t No... ............... is returned herewith and disapproved on the following grounds. ;,f~;~/> r...~....~j~. -~- · . .~. .. ........ ~,~.~ ...... ~. ~.~ .: ~ .:. .......... :.:. . . i~i .... '...' ....... RV 1/80 Examined FORM NO. 1 TOWN OF SOUTHO LD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL,: 765-1803 Recezved .......... ,19... Approved ................. 19... Permit No ............ a/c "-~..~A~. ~. ~'..~7. h.?. ~.~.t} . .~..~./~ .~ Disapproved ~.:,. F-~,~ ' ..... (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE ro the Building Del~ar~ment for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York. and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees ro comply with all applicable laws, ordinances~building code, h~using code, and regulation_s, and to admit authorized inspectors on premises and in building for necessa~o~,////~ ~ ff,,~ /.,(~S?n~atuffe &ffapplicant, or name, if a corporation) · . t. lYa o..'po ..... (Mailin~ address~of appIidant) State whether applicant ~s owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ..................................................................... - .......... Name of owner of premises ~...~4~..,9.d...~..'f/Y..~. ~..J..Jcl..~..'~....~.....,7't~.J.~..~..~.'....7~.O.../~..k?-..2. .............. (as on the tax roll or latest deed~ If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................... Plumber's License No ......................... Electrician's License No .................. ~. .... Other Trade's License No ................ : ..... . I. Location o£1artd onwhich !&roposed work willlYe done ................................................. .t. 3..¢. $. .... .'7... ........................... ' House Number Street Hamlet County Tax Map No 1000 Section .... . .~..~. ......... Block ....... t~. ......... Lot .... ~.3 ........... : Subdiv sion ..................................... Filed Map No ................ Lot ............... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ..... ~ ~ ._i~ (..d. ?-. ~..7..r.~..~. ......................................... b. Intended use and occupancy /~ ri~ £ r~ ~ ,e3 ,~- ?--r ~/ Z_ ................. 3. Nature of work (check which applicable): New Building .......... Addition ....~..... Alteration ' Repair .............. Removal .............. Demolition .............. Other Work ............ ~.. ~/ ~/ (Description) 4. Estimated Cost . .~.-'..~.~.~..Q .O 9..- ..................... Fee ...................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars ..... ~ ................................................................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. D~menslons of existing structures, if any: Front.. ~ ......... Rear ...,,,~A"/. ....... Depth . . .~'.~ .......... Height . .~.5.'.'. ........ Number of Stories ..... ~ ................ ,, ...................... ~.., ...... Dimensions of same structure with alterations Or additions: Front ...~. f.'. .......... Rear ...~2 f. ........... Depth ... ~P. f. .............. Height ... ~-i.~ ."..., .......... Number of Stories .... ~ ........ .~ ....... 8. Dimensions ofe~irenewconstruction: Front. .. ";""'"''~''~ r. Rear 2~'~' Depth ~Of. ....... 11. Zone or use district in which premises are situated ..................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ................................ 13. Will lot be regraded . .~. ~'. ~ ................... Will excess fill be removed from premises: Yes v'~ No !4. Name of Owner of premises ~,./'~..,~..g. ~..,+{.,.~.?~... Address-~..~.gf..~% '.~.o.q..~.,.~?. Phone No..~-/.~ T~.~ .~.'-.~.- ~-~'" Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Phone No ................ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STA OF VO r, ..: ......... . ..~ ................ ~ ...... being duly sworn, deposes ~d says that he is the applicant ' (Name of individual signing contract) above named. He is the ......................................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the applicatibn filed therewith. Sworn to before me this / ' ' ~o, 52'4524711 // ~/ [b~gnature o~ appncant) TOWN OF SOUTHOLD, NEW YORK APPEL FROM DEOSION OF BU~LD'NG ,NSPECTOR A~P~L NO. ~/:~/ DA*B ,ff//,,.~, ,.~,,,,~ .... TO THE ZONING BOARD OF APP~LS, TOWN OF S~THOLD, N. Y. ~, ~ ,~.~....~...~.~.~,~ ........ o~ ..~.~.~.~.~,~.,.7~.~.~ ............................. N~me of Appello,n~ S~reet and Number .... ~..~...~.~....~ ........................................... ~.~..~., ............ H~Y *~ ~0 Municipal'' ity Store THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: WHEREBY THE BUILDtNG INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of ...~.'L.~.~£~.~.~.~... ~.:..~.~Y..~.¢...d~l,,.~....Y_,...l.Z/.~.~ ...... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD I. LOCATION OF THE PROPERTY ./...-,~..~ _..~....~[,~,.4L'~...~...,..~...~.....F,'~,,~..~...~...~:~...~...~.,~:~ ................. Street and ~et Zone Map No. Lot 2 PROVISION (S) OF THE'ZONING ORDINA,KCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) TYPE OF APPEAL Appec is mode herewith for A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap, 62 Cons. Laws Art. ~6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (hf~(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 ( ~equest for a variance --~F~_~) and was made in Appeal No ...... ~1~ I~ ............... Dated .'.~...'T/...~....'Z...,~'..,~,. ........................ ( ) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that s~e would like to ~,o,~$~",,~7~ ~ ~~ (Continue on other side) REASON FOR APPEAL COntinued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practica[ difficulties or unneces, 2. The hardship created is UNIQUE and is not snarea ay all properties alike in the immediate vicinity of this property onc in this use district because ~'"-,~/~ Sworn to this ........................... Z'~..-~..:.... day of ............... ~' N~a~~c'~lic ,"~ PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chai~an George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD SCO'I'F L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 July 23, 1993 Ewald M Karbiner 39 Edgewood Drive New Hyde Park, NY 11040 RE: Proposed Subdivision Sunset Path, Southold Zoning District: Low Density residential (R-40) SCTMg 1000-54-4-33 Dear Mr. Karbiner: - J ~j '" This is in reference to your letter to the Building Department of July 12, 1993, requesting guidance on your proposed subdivision. Your letter has been referred to the Planning Department for response. The proposed subdivision would result in two non-conforming lots. In order to make an application to the Board of Appeals for a variance, an application for a building permit would have to be made to the Building Department. The Building Department would then give you a notice of disapproval as the lots would be undersized. After the notice of disapproval is issued you may apply to the Zoning Board of Appeals for a variance. If you require more information, or have any questions, please contact this office. Site Plan Reviewer cc: Thomas Fisher, Building Inspector Gerard P. Goehringer, Chairman, Board of Appeals Southold Town Board of Appeals MAIN ROAD- ESTATE: ~OAD 2S 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. SAWlCKI October 24, 1983 Mr. Ewald M. Karbiner 39 Edgewood Drive New Hyde Park, NY 11040 Re: Appeal No. 3171 Decision Rendered October 11, 1983 Dear Mr. Karbiner: We are in receipt of your request dated October for a ten-foot addition. 21, 1983 The board is not permitted by law to amend its decision unless all the required legal steps are taken for a reapplica- tion. Enclosed herewith is a complete set of forms for a reapplication. If you have any questions, please don't hesitate to call our office. Yours very truly, Enclosures GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Secretary October 21, 1983 Ewald M. Karbiner 39 Edgewood Drive New Hyde Park, N.Y. 11040 Board of/tppeal Tm of So ihold Mr. Gerard P. Goehringer-Chairman Southold Town Board of Appeals Main Road-State Road 25 Southold, L.I., N. Y. 11971 RE: Appeal #3171 Application Dated 9/2/83 Hearing 9/29/83 Dear Mr. Goehringer: I received your letter of October 12, 1983 setting forth your findings and determination on the above referenced appeal per- mitting me to construct an eight foot addition rather than a twenty foot addition as originally requested. The existing structure presently has an eight foot garage which is too narrow to allow me to store my boat. One of my primary reasons for the original application was to be able to construct an addition sufficiantly wide enough to be able to store this boat. A ten foot addition would give me sufficient room. I respectfully request, if possible, that you grant me the add- itional two feet so that I can construct a ten foot addition. A ten foot addition will still leave a frontyard setback of 40 feet and would be within the character of the neighborhood. EK: tds COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 Board of LEE E. KOPPELMAN DIRECTOR OF P~.ANNING October 14, 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 Edwin W. Stewart Hiram F. Moody, Jr. Jacqueline Penney ~,,,~ld M. Karbiner 3159 3166 3168 317i/ GGN:jk Very truly yours, Lee E. Koppe!man Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 SOUTHDLD, L.h, N.Y. '119'71 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 100-31 Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section Special Permit Appeal No.: 3171 Applicant: EWALD M. KARBINER Location of Affected Land: 155 Sunset Path, Southold 1000- 54-4'33 County Tax Map Item No.: Within 500 feet of: XX -- Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) L.I. SOUND -- 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, was granted an 8' or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant addition rather than the requested 20' addition, which reduced the setback to 42' rather than 50' from the frontyard property line. Decision and minutes also enclosed. Copies of Town file and related documents enclosed herewith for your review. Dated: October 13, 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 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 October 12, 1983 Mr. Ewald M. Karbiner 39 Edgewood Drive New Hyde Park, NY 11040 Re: Appeal No. 3171 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 Southold Town Board of Appeals -5- September 29, 1983 Regular Meeting (Appeal No. 3168 - JACQUELINE PENNEY, continued:) MR. STRANG: That's correct. It is my understanding in fact that it's a General Business Zone, that there is no requirement for lot coverage. The Planning Board had no input on that. MR. CHAIRMAN: We did, I believe, put it in the new zoning. I believe it's 25%. MR. STRANG: We did go before the Planning Board and they made no comment on it at all. MR. CHAIRMAN: Ok. for storage purposes--is studio-- Thank you very much. It will only be used that correct? Is won't be adding the MR. STRANG: For garden utensils and whatever. MR. CHAIRMAN: Thank you. Is there anybody else that would like to be heard in behalf of this application? Anyone wishing to speak against the application? Questions from board members? (None) Hearing no further questions, I'll make a motion closing the hearing and reserving decision until later. MEMBER SAWICKI: Second. MR. CHAIRMAN: We hope to have a decision for you in the very near future. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close the hearing and reserve decision until later in the matter of Appeal No. 3168, for JACQUELINE PENNEY. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3171. Application of EWALD M. KARBINER, 39 Edgewood Drive, New Hyde Park, NY 11040 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient frontyard setback, at 155 Sunset Path, Southold, NY; County Tax Map Parcel No. 1000-54-4-33. The Chairman opened the hearing at 7:54 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey dated September 24, 1981 prepared by Roderick VanTuyl, P.C. indicating the placement of this particular dwelling and pencilled-in garage to be attached, which is 20' by 30'. I also have a copy of the Suffolk County T~x Map indicating this property and the surrounding properties. Is ~outhold Town Board of Appeals -6- September 29, 1983 Regular Meeting (Appeal No. 3171 - EWALD M. KARBINER, continued:) MR. CHAIRMAN: there anyone wishing to speak in behalf of this application? Is there anyone wishing to speak against the application? Mr. Hall. MICHAEL J. HALL, ESQ.: My name is Michael Hall. I was retained by a Mr. Richard Manfreddi, who in addition to owning a parcel of land and a home in line of sight from the water from the proposed garage, is also one of six owners of the adjacent parcel which is beachfront, used as beach. That's the handful of families I believe the applicant is referring to. And I represent one of that handful--one finger, if you would. There are two issues here that are pretty important. The applicant is here for a setback--insufficient frontyard setback variance. The garage that would be added would put in a third bay, not a second, which is going a little bit beyond a usual situation on a house of that size in that neighborhood. Especially since the applicant is so-called "shared" by two families. It's my impression not only my client but from people in the immediate vicinity, that the house is being used as a two-family dwelling. And I would like someone on the board make note of that, or have a building inspector check that out to see whether or not there are indeed two kitchens in the house. My client is specifically concerned because if the garage is built as proposed, what remaining waterview my client has would be completely--or almost completely obliterated. Under normal circum- stances, that's too bad. In this situation the applicant is going for a variance, and one of the things of course the board has to consider in granting or denying a variance is the convenience and safety and comfort and well being of not only the town but also the immediate property owners. Here's a particular instance where the granting of the variance would cause unnecessary hardship perhaps to adjoining property owners--immediate adjoining property owners. In addition to that, I've been informed that the present use of the house--one fo the reasons I assume they're asking for more space-- is large. There are on weekends large numbers of cars there. Perhaps because it's being used as a two-family, and we have two families bringing out guests instead of one. The proposed third-car garage, second and third car garage as it appears on the renderings would seemingly just give more credence to the fact that we have here a house and a resort beachfront little area being used excessively and to the detriment of not only my client but the other immediate areas. That's all I would like to say at this time, except that I would like to ask what the present square footage is on the property and what the proposed would be, if it's on the record.' If it's on the application. MR. CHAIRMAN: It's not on it. While you're there, you referred to bay--when you referred to the first, second or third sentence of your discussion, you're referring to bay as garage? ~ MR. HALL: Yes, I am. 'Southold Town Board of Appeals -7- September 29, 1983 Regular Meeting (Appeal No. 3171 - EWALD M. KARBINER, continued:) MR. CHAIRMAN: Ok. And when you refer to two families using this premises, you're referring to two families at the same time? MR. HALL: This is of course not firsthand information--it's not sworn information, but I have been informed by numerous neighbors, that, yes, that is the case. It's apparent, especially on weekends that yes, there is more than one family living at a time in the house. And then the only impression of course that itself is a violation, and to increase the size of the house to make it more convenient for that would do a detriment to the town itself. That's all I have to say. MR. CHAIRMAN: Thank you. Is there anybody else to speak against the application? Sir? EWALD KARBINER: Do you mind if I speak for the application? MR. CHAIRMAN: No, not at all. Could I have your name, Sir? MR. KARBINER: My name is Ewald Karbiner. I'm the present half-owner of the house. The way the original house was placed was not sideways to block. Part of it was intentially not to block the view in the back. I believe Mr. Manfreddi. So we put it lengthwise. Now the garage addition that we're contemplating putting on is, I doubt will block his view at all because it is directly behind the house and it is lower. To put the garage on another piece on the parcel it would have to be set over and then it would block the view a little more. So I think as far as blocking the view goes, I really don't think it will block it per say as is suggested. MR. CHAIRMAN: While you're up there, Mr. Karbiner, what is the nature of the cabana at this particular time on the property? MR. KARBINER: The cabana we tore down because that was an eye sore, so my neighbors told me and they had wanted that down in the first place. MR. CHAIRMAN: Then the only dwelling that's existing right now is the dwelling in question. MR. KARBINER: That's correct. MR. CHAIRMAN: Ok. Thank you. Is there anybody else to speak either in favor of or against the application? MRS. SALTUPS: My name is Mrs. Saltups. I am one of the six owners that owns the beach adjacent to Mr. Karbiner and we are all summer dwellers. We have one-family houses. None of us have garages except Mr. Manfreddi's yearround house has a garage. And if that man has already one garage, I think that's enough. And ~ the Overcrowding the building during the weekend in the summertime really disturbs all the other families who are really one-family 'Southold Town Board of Appeals -8- September 29, (Appeal No. 3171 - EWALD M. KARBINER, continued:) 1983 Regular Meeting MRS. SALTUPS continued: houses and are quiet, and it kind of really upsets us because so many cars to begin with and then two garages. It's a little bit too much. MR. CHAIRMAN: Thank you. Mr. Karbiner, that leaves me to the last question. Is the house used as a two-family house? MR. KARBINER: The house is owned now presently by myself and my brother-in-law and it's basically used by my family. My brother-in-law is not married at the present time, so, yes, he does come and use it over the weekend now, but primarily it's used by my family. MR. CHAIRMAN: Are there any further comments from anybody in the audience? Questions from board members? (None) Mr. Karbiner, are there one or two kitchens in the dwelling? MR. KARBINER: There is only one kitchen. There are not two kitchens, and I wanted to mention that before. MR. CHAIRMAN: Ail right. Hearing no further comments, I'll make a motion closing the hearing and reserving decision until later. MEMBER DOUGLASS: .Second. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was  RESOLVED, to close the hearing and reserve decision until later in the matter of Appeal No. 3171, application of EWALD M. KARBINER. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. -At this point in time, M~mber*Doug~ass'4 left the dais~' abstained for the remainder of the public hearing, more particu- larly Appeal No. 3167. TEMPORARY RECESS: On motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, to temporarily recess for approximately three minutes, at which time the Regular Meeting would be reconvened. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Sawicki. (Member Douglass abstained.) This resolution was duly adopted. L JUDITH T. TERRY TOWN CLERK REGISTRAROI VI[ALSI \[ISl[¢S 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 September 2, 1983 To: Southold Town Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 3171, application of Ewald M. Karbiner for a variance. Also attached is Notice to Adjacent Property Owners, Short Environmental Assessment Form, Letter relative to N.Y.S. Tidal Wetlands Land-Use Regulations, survey of the property, Notice of Disapproval from the Building Depart- ment, and Application for a Building Permit. NOTICE I$ H~R~BY GIVEN, purstmat to $~etion 267 of ~e Town Provisions of a Regular M~ a~ the fo~o~ ~c ~ held by ~ Zoning Board the Town Hall, Mai~ R~, ~uthold, NY on SEPTEMBER ~, 1~ commencing at 7:~ o'cl~k p.m. and ~ foH~: 7:30 p.m. AppU~fl~ of H~RAM F. M~DY, Oceanic Avenue, Island, NY ~, Variance ~ Ordinance, f~ an inte~tion of A~icle 111, ~tion l~(A)[2](b) & (c) to all~ ~ c~ of a ho~ ~ ~ vast raining less ~an l0 acres. Location of Pretty: P~- rate Road, East End of Fishers Island; County Tax Map No. 1~1~1.7. 7:35 p.m. Application for KATHERINE HEINS, by Frederick J. T~i, Esq., Front Strut, G~n~, for a V~riance to the Zoning Ordinance Article HI, Sec- tions 100-3~ and 1~-31, Bulk ~h~e, for ~i~ ~ r~ separate two ~rcels ha~ng insufficient area and/or.~ width, located at the north side of Main Road, Ori~t, N~; more partic~arly identifi~ as ~ty Tax Parcel N~. 1~1~2-5 & 6. 7:40 p.m Application for EDWIN W. STEWART, 8403 Parish Lane, Indiana~lis, la&aaa, for a Va~n~ ~ O~i~n~, A~icle HI~ ~tiom 1~31 and i~M, for permission to construc~ addition to dwelling ~ucing rea~ard ~t~ck, at ~ C~ole Road, Southold, ~; County Tax ~p P~ No. 1~ 2. 7:45 p.m. Applicati~ for JACQUELINE PENNEY, by Garrett A. S~a~, M~ ~d, Sou~old, ~ for a V~a~ the ~n~ OrOtund, ~cle VII, Section 1~-71 for permission to constr~t addition with r~uction in sideya~d se~ck, at ~m~ ~n~ B-1 General B~, and identified as ~0 North ~treet, Cutcho~e, County Tax Map Parcel No. ~-~,8. p.m. Application EWALD M. Edgewood Drive, New fly~ Park, ~ 11~ for to the Zoning Ordinance, Article III, S~tion 1~31 for ~sion to const~t a~- ~ion to dwetting w~th an fficient frontya~ ~tback, at 155 Sunset Path, Southold, ~; Co~ty Tax Map Pa~ No. 1~. 7:55 p.m. Application of RO~RT J. DOUGLAS, low Terrace, O~ent, ~ for a V~riance to the Zoning Or~nance, ~cle XI, ~on I~-115 for sc~ning around the ~riphery of the existing junkyard area, at premis~ located at Willow T~raco.~ Farms, containi~ approx. imately ~ne a~ andmo~ particularly identjfl~ as C~nty Tax ~p Pa~ No. O~mt, ~. F~ ad~o~i please contact Lin~ Kowalski, S~m~ B~rd of Ap~ s, at 7~1~ (~ 1~). Da~: ~13, 1~. BY O~ OF BOA~ OF ~P~ CERA~ P. ~E~ JOAN N. NOTARY PUBLIC, STATE OF NEW YORK NO 52-4505858 OLIALIF, IE~ iN SUFFOLK CouNrly roM~,, Si,}N FXP)RES MARCH 30 19¥~ STATE OF NEW YORK ) ) SS: COUNTY OFSUFFOLK ) Joan W. Gustavson of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed ia a printed copy, has been regularly publlehed in said Newspaper once each week for 1 weeks aucceaelvely, commencing on the22~.d dayof September 19 83 Principal Clerk Sworn to befor/ze m.e this day of ~ the Town Law and the Provi. starts of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Zoning Board of Appeals at the Town Hall, Main Road, Southold, N.Y. on THURS- DAY, SEPTEMBER 29, 1983 commencing at 7:30 'o'clock p.m. and as follows: 7:30 p.m. Application of HIRAM F. MOODY, JR., Oceanic Avenue, Fishers Is- land, N.Y. 06390, for a Var- iance to the Zoning Ordinance, for an interpretation of Article' HI, Section 100-30(A)[2] (b) & (c) to allow the construction of a horse barn mi vacant land containing less than 10 acres. Location of Property: Private Road, East End of Fishers Island; County Tax Map No. 7:35 p.m. Application for KATHERINE HEINS, by Frederick 3'. Tedeschi, Esq., Front Street, Oreenport. N.Y. for a Variance to the Zoning Ordinance, Article 111, Sec- tions 100-30 and 100-31, Bulk Schedule, for permission to ro- separate .two parcels having insufficient area and/or width, located at the north side of Main Road, Orient, N.y.; more particularly identified as' County Tax Map Parcel Nos. 1000-19-2-5 &6. 7:40 p.m. Application for EDWIN W. STEWART, 8403 Parish Lane, Indianapolis, In- diana, for a Variance to the Zoning Ordihaece, Article~ 111, Sections 100-31 and 100-34. for permission to construct addi- tion to dwelling reducing rear- yard setback, at 20 Carolc Road. Southo[d. N.Y.; County Tax Map Parcel No. 1000-52- 7:45 p.m. Application for JACQUELINE PENNEY. by Garrett A. Strong, Main Road, Southold. N.Y. for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct addi- tion with reduction in sideyard setback, at premises zoned "B-I General Business" and identified as 270 North Street. Cutchogue, N.Y.; Comty Tax Map Parcel No. 1000-102-5- ~'~ 7:50 p.m. Application of EWA D M. KARmNER. 39 agewood Drive. Newe park. N.Y. 11040 for a Var- lance to the Zoning Ordinance, Article Ill, Section 100-31 for permission to construct addi- ~ tion to dwelling with an insuf- ] ficient frontyard setback, at 155 Sunset Path, Southold, N.Y.; County Tax Map Parcel k. No. 1000-s4.4-33. 7:55 p.m. Application of ROBERT J. DOUGLASS Wil- low Terrace, Orient~ N.Y. for a Variance to the Zoning Ordin- ance, Article XI, Section I00- 115 for screening around the periphery of'the existing junk- yard area, at premises located at Willow Terrace Farms, containing approximately nine acres and more particularly identified as County Tax Map Parcels No. 1000-26-2-39.9, 39.6, 39.5, at Orient, N.Y. For additional information concerning the above matters, Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TPO~VELER-WATCHNiAN, 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 ~.2 Sworn to before me this ~2~ day of ...... ............ , APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .,iR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, l.l., N.Y. 11S71 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 Zoning Board of Appeals at the Town Hall, Main Road, Southold, NY on THURSDAY, SEPTEMBER 29, 1983 commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Application of HIRAM F. MOODY, JR., Oceanic Avenue, Fishers Island, NY 06390, for a Variance to the Zoning Ordinance, for an interpretation of Article III, Section 100-30(A) [2] (b) & (c) to allow the construction of a horse barn on vacant land containing less than 10 acres. Location of Property: Private Road, East End of Fishers Island; County Tax Map No. 1000-10-6-1.7. 7:35 p.m. Application for KATHERINE HEINS, by Frederick J. Tedeschi, Esq., Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-31, Bulk Schedule, for permission to re-separate two parcels having insuffi- cient area and/or width, located at the north side of Main Road, Orient, NY; more particularly identified as County Tax Map Parcel Nos. 1000-19-2-5 & 6. 7:40 p.m. Application for EDWIN W. STEWART, 8403 Parish Lane, Indianapolis, Indiana, for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-34, for permission to construct addition to dwelling reducing rearyard setback, at 20 Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-2. 7:45 p.m. Application for JACQUELINE PENNEY, by Garrett A. Strang, Main Road, Southold, NY for a Variance to the Zoning Ordi- nance, Article VII, Section 100-71 for permission to construct addition with reduction in sideyard setback, at premises zoned "B-1 General Business" and identified as 270 North Street, Cutchogue, NY; County Tax Map Parcel No. 1000-102-5-18. 7:50 p.m. Application of EWALD M. KARBINER, 39 Edgewood Drive, New Hyde Park, NY 11040 for a Variance to the Zoning Ordinance, Page 2 Legal Notice of Hearings & Regular Meeting Southold Town Zoning Board of Appeals ticle III, Section 100-31 for permission to construct addition ~ dwelling with an insufficient frontyard setback, at 155 Sunset~ Southold, NY; County Tax Map Parcel No. 1000-54-4-33. 7:55 p.m. Application of ROBERT J. DOUGLASS, Willow Terrace, Orient, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-115 for screening around the periphery of the existing junkyard area, at premises located at Willow Terrace Farms, con- taining approximately nine acres and more particularly identified as County Tax Map Parcels No. 1000-26-2-39.9, 39.6, 39.5, at Orient, NY. For additional information concerning the above matters, please contact Linda Kowalski, Secretary, Zoning Board of Appeals, at 765-1809 (or 1802). Dated: September 13, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN Instructions to newspapers: Please publish once, to wit: Thursday, .September 22, 1983, and forward one affidavit of publication to: Secretary, Z.B.A., Main Road, Southold, NY 11971; tel. 765-1809, by 9/27. Copies to the following on or about September Mr. Hiram F. Moody, Jr. Mrs. Katherine Heins Frederick J. Tedeschi, Esq. Mr. and Mrs. Edwin W. Stewart Mr. Garrett A. Strang, for Ms. Mr. Ewald M. Karbiner 20th: Jacqueline Penney Mr. Robert J. Douglass John J. Munzel, Esq. ZBA Members Town Board Members Supervisor Town Attorney Mr. V. Lessard (Building Dept.) Town Clerk Bulletin Board BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the lown of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~ntention of the undersigned to petition the Board of Appeals of the Town of Southotd to request a~(Variance)~(Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of t_he Petition is located adjacent to your property and is des- cribedas follows: J.~" .~ ~ AJJ~ ~-- /17 _,~. 7"/-/ 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the followi O~r~,~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are hrticle 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (51.6) 765-1.809, right to appear and be heard at such, hearing. 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 pulslication of such notices; that yo~ or your representative have the Post Office Address NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 392 512 446 RECEIPT I~OR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reuersej Special Delivery Fee STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ficea[ ~U,'~ /~y~ ~ (registered) mail. ~ ~ ~/ ~,~, , being duly sworn, dep~and~Ysth~t°nthe ~t~day of ~ ~ 4 ~ ,19 ~ , deponent mailed a tr~ cbPy of'the Notice ~t forth on the re- vere side hereof, directed to each of the above-na~d ~ns at the addr~ set opposite thor respective namm; that the addresses set opposite the names of said pe~ons are the addr~ of ~id ~rsons as shown on the current ~smsment roll of the Town of Southold; that ~id Notic~ were mail~ at the United States Post ~ ; that ~id Noticm were mailed to each of ~id persons by Sworn to~oefo__re me this day qf ~ ,19 Notary Public BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That~t/.Jl~e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~ (Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: / ~.'~-~' 3. That the prol0erty which is the subject of such Petition is located in the following zoning district: I0oo .Sd'ct.. Z_or- 4. That by such Petition, the undersigned will request ~he following relief: /,050 ~,~t C..e 0 07' 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are /Lrticle ~/'/-_ E~cti(:~. /O 0 ~ ~' ! 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:,/~f-{)~l~ST' ~,0~/~rao~ . Post Office Address NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 39.2----512 447 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reversej Date, and ~dre~ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~ ~ · ~. ~, ~. , being i~ulY swor~, depo~ and ~ys that on' the ~/'~day of ~ P~ ~ ,19 ~, deponen~ ~iled a tr~:~&py of the Notice ~t forth On the re- ve~e side hereof, directed to each of the above-named ~ons at the addr~ set opposite thor r~pective name; that the addresses set opposite the nam~ of ~id pe~ons are the addr~ of said ~ons as shown on the curren~ ~sm~t roll of ~e Town of Southold; ~at ~id Notic~ were mailed at the United Stat~ Post ~re ,st r~'~ ~ ; that ~id Notic~ w~e mailed to each of said persons by ~ertifie~( g' · ed) mail. 2 Sworn to~efore me this ~ , ~ dayof Notar~Public SHORT ENVIRON-MXNTkL ASSESSMENT FOP~ INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available inforr~ation concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken.' (b) If any question has been answered Yes the project may be significant and a ccmpleted Environmental Assessment Form is necessa~/. (c) If all questions have been answered No it is likely that this project is no.__~'~ significant. (d) Envirormental Assessment 1. Will project result in a large physical cbmnge to the project site or physically alter more than l0 acres of land? . ..... · . . Will there be a major change to any unique or unusual land form found on the site? . 3. g. 5. 6. 7. 8. 10. 11. 12o Will project alter or have a large effect on an existing body of water? . . . . . Will project have a potentially large impact on groundwater quality? · · · · Will project significantly effect drainage flow on adjacent sites? · · · ° . · · o Will project affect any threatened or endangered plant or anLm~l species? . . ° · · · ° Will project result in a major adverse effect on air quality? · Will project have a m.%jor effect on visual char- acter of the cormmunit7 or scenic views or vistas known to be important %0 the community? . . . 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? . . · Will project have a major effect on existing or future recreational opportunities2 . . · Will project result in major traffic problems or cause a major effect to existing transportation Will project regularly cause Objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . 13. Will projec% have any impact on public health or safety? lA. Will project Affect the existing community by directly causing a ~rowth in permanent popula- tion of more than 5 percent over a one-year period o__r have a major negative effect On the character of ~ne COrn. reunify or neighborhood?. . 15. Is there pub]~ con~ovess~ concernin$ the project? PREP~R~,S SIG~Tb~:' /~/~~ r-~. REPRESE~ITI~G: /~/~,4, ~/ DATE: Yes ~/ No Yes ~ No Yes ~/ No Yes ~/ Nc Yes y No Yes / No ,, Yes ~/ No Yes ~/ No Yes__V/_. No Yes y No Yes ~/ No Yes / No Yes ~/ No Yes ~/ No Yes %/ No (, (Today's Date) To: Southo!d Town Board of Appeals " blain Road Southold, NY 11971 Re: Appeal Application of Location of Property: Dear Sirs: In reference to the New York S=a~~ ~= Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property iQ the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this prcperny is a bulkhead in very good condition and at least 100 feet in length.* [ ] May be 'located within 300 = ~ of tidal wetlands, however, constructed along the water-lying edge of this property is a bul~head in need of (minor) (major) repairs, and approximately feet in length. [ ] -[ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tidal wetlands; .and there is no bulkhead or concrete wall existing on the premises. ~GVm~5 4~;-{oV~ F~ ~. ~.~. ~ Is not located within 300 feet of tidal wetlands to the best of my knowledge.* not appear NOTE: If proposed project falls wi~n D.E.~. jurisdiction, approval must be received and submit{&d to our office before your application can be scheduled for a public hearing. [Starred items(*) indicate your property does to fall within the jurisdiction of the N.Y.C.D.E.C.]