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HomeMy WebLinkAbout2991So"thold Town oard of Appeals MAiN I~E}AD-STATE R{3AD 25 S~]UTHE]LD, L.I., N.Y. 1t971 TELEPHONE {516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2991 Application Bated May 19, 1982 TO: ~. David E. Kapetl as agen~ for Miriam Batson 143 Sixth Street Greenport,NY 11944 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on July 8, 1982 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 matter was held on June 17, 1982, at which time the hearing was declared closing pending receipt of additional information, and pending deliberations. Upon application of MIRIAM BATSON, c/o David E. Kapell, 143 Main Street Greenportr NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct an addition to existing dwelling with a reduction in rearyard setback at Bayvlew Drive, East Marion, NY; more parti- cularly known as Gardiners Bay Estates Filed Map No. 275, Lots 123 and 124; County Tax Map Parcel NO. 1000-37-4-3. The board made the following findings and determination: By ~his appeal, appellant seeks permission to construct an 11'6" by 42' deck at the.~ear ~f the existing dwelling, reducing the rearyard setback by 11'6". The house as exists and as originally built is set back from this property line approximately 18 feet. The applicant chooses to construct a deck similar to that of a neighbor across the w&ter (Subdivision Lots 127 and 128 presently of Brown)~ taking advantage of the waterview. The board is of the opinion that the area is the most practical and feasible under the circumstances. However, the board feels that a deck oi the s~ze requested is unreasonable and substantial in relation to the zoning requirements and that same should be reduced ~o a mln~mum of 7' by 42" and that same will never be enclosed or covered by a roof. In considering this appeal, the board determines that the relief granted is not substantial; that the circumstances herein are unique and practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining properties would be crea~ed; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 2991, application of MIRIAM BATSON £or permission to construct a deck with reduced rearyard area, be and~ hereby IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck be DATED: August 5, 1982. Form ZB4 (rev. 12/81) cut back to 7' by 42' (ratker than 11'6" by 42'); (CONTINUED ON PAGE TWO) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 2991 Mat%er of Miri~Ja Batson Decision Rendered July 8, 1982 2. That the deck shall never be enc~tosed and never covered by a roof. Location of Property: cularly known as Gardiners 124; County Tax Map Parcel Bayview Drive, East Marion, NY; more partl- Bay Eskates Fiied Map No. 275, Lots 123 and No. 1000-37-4-3. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Sawicki. Member Douglass abstained. This resolution was adopted by majority vote. A PROv D / ~i~t~ I]~d ~o~' Appeet~ RECE~ED AND FiLED BY THE SOUTHOLD TOV~N CLERk. Tov~ Clerk. Town ol Sou~hold APPEALSBOARD MEMBERS GERARD P. GOEHRINGE~ CHAIRMAN CHARLES GRtGONI$. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCK! I~AIN EDAD-STATE ROAD 25 ~OUTHOLD. L.I,, N.Y. 119'71 TELEPHONE (516) 765-1809 NOTICE IS HEREBY GIVEN, ~ursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, ~he following matters will be held for public hearings by the $outhold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, June 17, 1982 commencing at 7:00 p.m. and as follow: 7:00 p.m. Application of Bouton Services Inc., BOGERT, Fox and Crescent Avenue, Fishers Island, NY to the Zoning Ordinance, Article III, Section 100-32 ~o erec~ antenna tower exceeding the height limitation for accessory structures. Location of Property: Private Road, bel!a Beach, Fishers Island, NY; County Tax Map Parcel No. 1000-10-6-3. for JOR~N J. for a Variance for permission Isa- 7:05 p.m. Application of LUCY E. MICHAELS, 3570 Minnehaha Boulevard, Southold, NY for a Variance to the Zoning ordinance, Article Iii, Section 100~31 for permission to construct deck addition to dwelling with an insufficient rearyard setback at 3570 Minnehaha Boulevard, Southold; bounded north by Laughing Waters; west by Tschiember~ south by Minnehaha Boulevard; east by Young; County Tax Map NO. 1000-87-3-7. 7:10 p.m. Application of VINCENT W. ANNABEL, Stittwater Avenue, Cutchoque, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient road frontage of one parcel proposed in a two-lot division of property located at Stillwater Avenue, C~tchogue, NY; bounded north by Stillwater Ave., Kiernan, Annabel; west by Stillwater ~ south by Stillwater Road; eas~ by East Creek; County Tax Map Parcel No. 1000-137-3-8. 7:15 p.m. Application of JOSEPH W. HAWKINS~ 7085 Horton Lane, S~uthold, NY for a Variance ~o the Zoning Ordinance, Article III, Section 100-32A for permission to construct windmill exceeding the height limitations for accessory structures. Location of Property: 7085 Horton Lane, Southold, NY; bounded north by Horton Lane; east by Sheffield; south by Kramer & Kempner; west by Booth and others; C~unty Tax Map Parcel No. ~1000-54-7-1.004. -Page 2 ~ Legal Notice of Hearings Regular Meeting for June 17, 1982 Southold Town Board of Appeals 7:20 p.m. Application of MIRIA=~ BAT$ON, 443 Main Street, Green~ort, NY for a Variance to the Zonin~ Ordinance, Article Itl, Section 100-31 for permission to construct an addition to existing dwelling with a reduction in rearyard setback at Bayview Drive, East Marion; more particularly known as Gardiners Bay Estates Filed Map No. 275, Lots 123 and 124; County Tax Map Parcel No. 1000-37-4-3. 7:30 p.m. Application of SERPENTINE REAL ESTATE C~RP., 695 DiEllen Lane, Elmont, NY (by Gary Flanner Olsen, Esq.) for a Variance ~o the Zoning Ordinance, Article III, Section 100-31 for permission ~o have dwelling (converted from a barn) with an insufficient sideyard setback at 45300 Southold); bounded north by Main Road, by Gradowski; south and east by Lappe; 1000-75-6-9.2. Main Road, Peconic (near Cappa and Terry; west County Tax Map Parcel No. 7:35 p.m. Application of ESTELLE L. WEINRIB, 27 West 86th Street, NY, NY 10024 (by Norman Addy) for a Variance to the Zon- ing Ordinance, Article iii, Section 100-32 for permission to construct accessory building in the sideyard area an 3400 Ole Jule Lane, Mattituck; bounded north by Wood; west by Canal; south by Kimmins; east by O~e Jule Lane; County Tax Map Parcel No. 1000-122-4-20. 7:40 p.m. Application of GERARD GALLtANO, 2125 Pine Tree Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage in the frontyard area at 2125 Pine Tree Road, Cutchogue; Nassau Farms Subdivision, Filed Map No. 1179, Lot No. 19; County Tax Map Parcel No. 1000-98-1-13. 7:45 p.m. Application of HENRY S. KOZEN, 1520 Donna Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article II!, Section 100-35 for permission to construct 6'-high fence in the fronnyard (which would exceed %he 4' .height limita- tion) at 1520 Donna Drive, Mattituck; Deep Hole Creek Estates Subdivision, Filed Map No. 4256, Lot No. 33; County Tax Map Parcel No. 1000-115-15-14. 7:50 p.m. Application of STANLEY AND MARY MOISA, 46 Sunset Lane, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient rearyard setback at 46 Sunset Lane, Greenport; bounded north by Mellas and A/~aesy; east by Romei; south by Dinizio; west by Sunset Lane; County Tax Map Parcel No. 1000-33-4-63. 'gage 3 Legal Notice of Hearings Regular Meeting for June 17, 1982 Southold Town Board of ~ppeals 7:55 p.m. Application of PETER KUJA~SKI, by Stanley C. Corwin, Esq., 634 First Street, Greenport, NY for a variance: (t) to the Zoning Ordinance, Article III, Section 100-31 for approval of the insufficient yard setbacks due to location of new lot line, and (2) to New York Town Law, Section 280a for Approval of Access. Location of Property: 3275 Skunk Lane, Cutchogne; bounded north by Bay Homes Subdivision, and Kujawski; east by Pontino & ano.; south by Marco; west by Skunk Lane; County Tax Map Parcel No. 1000- 97-9-13,1. 8:10 p.m. Application of ELWOOD AND CAROL HUGHES, 1711 Meadow Lane, East Meadow, NY 11554, for a Variance to the Zoning Ordinance, Article Iii, Sectio~ 100-31 for permission to construct addition to dwelling with an insufficient sideyard at 6125 Skunk Lane, Cutchogue; Nassau Farms Subdivision, Filed Map No. 1179, Part of Lot 130; County Tax Map Parcel NO. 1000-104-4-1. 8:15 p.m. Application of RAYMOND AND JOAN YOUNG, by Richard F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article iii, Section 100-31 for approval of insufficient area and width of two proposed parcels at the corner of Horton Avenue and Shirley Road, Mattituck; bounded north by Young and others; west by Shirley Road; south by Horton Avenue; east by Bergen and others; County Tax Map Parcel No. 1000-141-1-37. 8:30 p.m. Application of GERTRUDE K. REEVES, by Richard F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insuffi- cient depth of parcel(s) located off Cedar Birch Road, Orient; bounded north by Main Road; wesu by Brawner and Cedar Birch Road; south by Gardiner's Bay; east by Cedar Birch Road; County Tax Map Parcels No. 1000-15-8-20, 21, 23, 26. 8:45 p.m. Application of JAMES MANOS, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance for Approval of Access, New York Town Law, Section 280a. Location of Property: 400 feet easuerly of Mill Road, Mattituck; bounded north by Bungalow Lane; west by Private Right-of-Way, Janis and others; south by Private Right-of-way, wick and others; east by Boechman and others; County Tax Map Parcel No. 1000-113-6-14. 9:00 p.m. Application of NORTH FORK BANK & TRUST CO.., by Abigail A. Wickham, Esq., Box 1424, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permis- sion ~o construct drive-in banking ~ ~ ~ac~lity with canopy extending into the frontyard area. Location: Mattituck Shopping Center, Main Road, Mattituck; County Tax Map.Parcel No. 1000-142-1-26. 9:05 p.m. Application of SOLWIN INDUSTRIES, INC.., c/o Esseks, Hefter, Cuddy and Angel, Esqs., 108 East Main Street, Riverhead, NY for a Special EXception to the Zoning Ordinance, ~ge 4 ~ Legal Notice of Heari~3~ Regular Meeting for June I7, 1982 Southold Town Board of Appeals Article IX, Section 100-90A for a windmill farm to be located on premises zoned C-1. Location of Property: Off the north side of Main Road, East Marion; bounded no~th by Tomias and East Marion War Memorial Association; west by Koch and others; south by Begora and Ketch~ and others; east by Terry; County Tax Ma~ Parcels No. 1000-22-3-11, 12, 14 and 15. 9:30 p.m. App!~cat£on of SOL,IN INDUSTRIES, INC., c/o Esskes, Hefter, CUddy and Angel, Esqs., 108 East Main Street, Riverhead, NY for a Variance ~o the Zoning Ordinance, Article IX, Section 100-90 and Article VI!I, Section 100-80 for: (a) permission to construct towers exceeding the height limitation of the zoning code and (b) an interpretation of Section 100-90A to the effect that a "windmill farm" is a permitted industrial use in this zone. Location of Property: Off the north side of Main Road, East Marion; bounded north by Tomias and East Marlon War Memorial Association; west by Koch and others; south by Begora, Ketcham and others; east by Terry; County Tax Map Parcels No. 1000-22-3-11, 12, 14 and 15. Dated: June 7, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD D. ,~ ~ _ ~OEHRINGER~ r CHAIRYiAN By Linda Kowa!ski, Secretary Instructions to newspapers: Please publish once, Thursday, June 10, 1982 and forward two affidavits of publication to: Board of Appeals, Main Road, Southold, NY on or before June 16, 1982. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date ... /"~'/ C~t/ ., 19 ! To . ~"~ ................ '~'~ ' ' ' ~/~'/<~tg'? .~.. ~.~..~ ........... , .c~.~/..~.~y... .... PLEASE TAKE NOTICE that your application dated .~ ~'. ~ ~ ........ 19 ~ for pe~it to const~ct. ~;~/~'~. ~..~~. ~~ ..... at .............. ~___... ~/~ .......................................... · ....... Hou~ No. [ Steer Hamlet County Tax Map No. 1000 S~cti~..~ ~ .... Block . .~ ........ ~t ~ ~ ........ s~i~,~o~~ ~%;~.~,o ..... ~v ...... ~t ~o. ~.~.~.~.~., ..... is returned he,with and disapproved on the followMg ~ounds. ~.~. ~~ · ~ .~. .~.~ :. . .ce . .~c~c ~.<~. . .~.~.~. .~e . .c~. .~.~.~ .~.~c~;~ ............... ../ ... · ~ ...... ~ .... ~ /'~'· . RV 1/80 TOWN OF SOUTHOLD, NEW Y~RK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEL NO. aZ DATE .. ~.B;~..;..~,...,.).,9...~..2 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Miriam Ba£son (We) uav~u e. ~apell as agent of 443 Main Street l'jame of Appellant Street and Number ....... .g.r..e. 9.g,~.o.~.t; .............................................................. k[e.~...~(.o, rk ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .............. ':..-..': ................. DATED ....... .4../.2.]./.~.;~ ............................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Chester Orlowski Nome of Applicant for permit of ...... 2 ~..q u.a s ~... A.~ e..... £.u ~;.ch~g ~,e.....N.,.¥ ........................................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to construct addition to existing dwelling. LOCATION OF THE PROPERTY ...... B.a..7. Y.,,~..e...w.....D..r.~.Y...e. ............................................................... Street Use District on Zoning Map ......... 1.0.q 2.~. Q O. 7. ~..Q .4..-.Q 0.3 .................................... Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORD:NANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) A~icle III 3 TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons, Laws Art 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal /d~ii~hos not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for o variance and was maoe in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that the proposed deck addition 4welling reduces rear yard setback. 50 feet 0" is to the existing required, present line is nonconforming. For~l ZBI (Continue on other side) REASON FOR APPEAL Continued sory HARDSHIP because the location of no deck addition may be erected in nance thereby denying applicant's STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- the existing dwelling i's such that strict compliance with the 'ordi- full use of the property. :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 other existing dwellings in the immediate area and in the Township are ~resently improved similary to that propoeed by the applicant. 3. The Variance would observe the spirit of the Ormnance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the use will be in harmony with and promote the general purposes of the Zoning Ordinance and the use will not prevent the orderly and reasonable use of adjacent properties and the safety, health, .welfare. comfort and convenience and order of the Town will not be adversely affected by the proposed use and its location. The character of the district is similar to the applicant's proposed use. STATE OF NEW YORK } ) ss COUNTY OFSuffolk ) Sworn tn this ................. J,.~. .......... .82 .......... doy of, ............................................... ,9 FI~ED£RICK J. TEDE$CHI .__ NOTA~,y _. ',_. vo+, TOWN GF SOUI'HOLD PROPERTY RECORD CARD OWNER FORMER OWNER RES.,~ O/D .D // D,© /.3 ~ AGE SEAS. IMP. VL Tillable 2 Tillable 3 Woodland Swamp~nd Brushland House Plot Total~ ~-~ STREET VILLAGE W ,DIDST. SUB. L, LOT ~., / .~ :-' , / ..-~ fi/ ACR. I t TYPE OF BUILDING TOTAL /f6G 'FARM DATE BUILDING CONDITION NORMAL BELOW Acre Value Per Acre ABOVE Value COMM. CB. MISC. Mkt. Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK ~ ~ : Dinette I ¢-'~ Bath M. Bldg. 3 0 -~ '~ ~' =- /.2~ (~ 0 I ~-.~' o ~0 ~oundation_ ~ /~ _ ~ ~tension ~/~ Fl~rs ~ K. , ~t. Wolls ~ ~ ~ nterior Finish ~ I'~ LR. Extension J ' Extjon i Fi~e Place ~ ~ Heat ,~ ,,,~ / DR. Breezeway Driveway _~ ~rage Patio j OWNER . FORMER OWNER TOWN OF SOUTHO~.O PROPERIY STREET S FARM DATE ~,"SEAS...~.~0 VL. LAND IMP. TOTAL 7,7 o ~ NORMAL Acre AGE BUILDING CONDITION NEW BELOW ABOVE FARM Value =VILLAGE Value Per Ac re W RECORD CARD SUB. LOT/~x2 TYPE ~)F BUILDING COMM. CB. MICS. Mkt. Value REMARKS DOCK Total Tillable FRONTAGE ON WATER Woodland , FRONTAGE ON ROAD Meadowbnd [ DEPTH House Plot BULKHEAD COLOR AA. Bldg. Extension Extension F.~sion Porch Porch Breezeway Garage Patio Foundation ~ ~ , Ext. Walls ~.jc-[, ~, c~ Fire Place ~. ~,. ~. i/~T~,pe ~oof Recreotion Poom Both Floors Dinette LR. DR. BR. FIN. B Interior Finish J Heat _ Rooms 1st Floor ' Rooms 2nd Floor Dormer Driveway Total 5P]~'"' ,%. A APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONiS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 35 SOUTHOLD, L.h, N.Y. ll~J'71 TELEPHONE (516) 765-1809 May 7, 1984 Mr. David E. Kapell 400 Front Street Greenport, NY 11944 Re: Appeal No. 3173 - Miriam Batson Dear Dave: This letter will confirm our your office that the board would building plan with you in detail. You have been scheduled for Thursday, May 7:30 p.m. for a brief discussion. If you message the other day with like to discuss the revised 17, 1984 at have any questions, please don't hesitate to call. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski P.S. Please return the onionskin building plan prior to the meeting. APPEALS BOARD MEMBERS GERARD P. COEHRi~CER, CHAIRMAN CHARLES GRIGGNI$, JR. SERGE DOYEN. JR. ROgERT J. DOUGLASS JOSEPH H. SA','/ICKI $ouihold Town £oard of Appeals MAIN RE]AD- STATE RE]AD 25 SE)UTHE]LD, L.I., N.Y. ]1cJ71 TELEPHONE (516) 765-1809 August ~, 1982 Mr. David E. Kapell 143 Sixth Street Greenp~rt, NY 11944 Re: Appeal No. 2991 - Miriam Babson Dear Sir or Madam: Attached herewith is a copy of the formal findings and determination recently rendered and filed this date with the O~fice 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 construction, or for a certificate of occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the building inspector at 765-1802. Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT .1. DOUGLASS 'IOSEPH R. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llCJ'71 TELEPHONE (516) 765-1809 July 16, 1982 Mr. David E. Kapell 143 Main Street Greenport, NY 11944 Re: Appeal No. 2991 Miriam Batson Dear Mr. Kapell: This letter will confirm that the following action was taken at a Regular Meeting of the board held on July 8, 1982 concerning the variance application of Miriam Batson: RESOLVED, that Appeal No. 2991, application of MIRIAM BATSON for permission to construct a deck with reduced rearyard area, be and hereby IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck be cut back to 7' by 42' (rather than 11'6" by 42'); 2. That the deck shall never be enclosed and never covered by a roof. An official determination and findings will be filed with the office of the Town Clerk as soon as possible and simultaneously forwarded to you for your records. If you have any questions, please do not hesitate to call our office. If you wish to start construction as early as possible, please return to or call the Building Department for issuance of your building permit at 765-1802. Yours very truly, cc: Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski, Secretary DAVID E. KAPELL 143 Sixth Street Greenport, New York 11944 516-477-2093 ~=NTERPR SES CONSULTING SERVICES DAVID E. KAPELL 443 Main Street Greenport, New York 11944 516-477-2223 Buard o{ A]Ln I REAL ESTATE ENTERPRISES CONSULTING SERVICES Mr. Gerard Goehringer Chairman Board Of Appeals Town Hall Southold, N.Y. Dear Gerry: As you requested, marion with respect to Miriam Batson: June 25, 1982 I hereby supply the following infor- the variance application of my client, 1) Total lot area: 14,000 square feet 2) Total coverage including existing decks: 2,186 sq. feet I hope that this supplies you with all the information you require in approving this application. a~saViadg~ards: e~ Kapell GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC. ~- ~b &/'~/~z,- East Marion, New York 11939 Board ol Appeal; TownoiSouthol Board of Appeals Town of Southold Main Road Southold, NY Re: Petition of Miriam Batson David E. Kapell as agent South side of Bayview Ave. East Marion, NY Tax Map 1000 Section .037 Block 04 Lot 003 Variance of a 50' rear yard set back requirement Gent 1 emen: One of the requirements of the Gardiners Bay Estates Homeowners Association Inc. of East Marion, NY is for an owner to submit plans for any addition or alteration to their residence to the Board of Directors and the Real Estate Committee for their review. The Board of Directors of the Gardiners Bay Estates Homeowners Association Inc. objects to the installation of a second floor deck in the rear yard for the above application. The second floor deck addition will be 40' long and approximately 12' wide encroaching on the 50~ rear yard set back. The asthetics of this second floor deck will be overwhelming. The house as originally built had two open porches at the second floor level (front and back) which have been enclosed by the present owners, Page 2 June 8, 1982 The Board of D£rectors feel that if this is approved it will set a precedent in the Gardiners Bay Estates and we respectfully request the Board of Appeals to review this and give it very careful consideration. cerely, Warren A. Sambach Chairman, Real Estate Committee June 13, 1982 Board of Appeals Town of Southold Southold, New York 11971 Gentleman: Re: Marion Batson Gardiners Bay Estates East Marion, New York 11939 Being a neighbor of the above, we object to any additions to their house and concur in the objection of your Building Department. Their present setback is less than the others in Gardiners Bay Estates. ~incerely, Richard & ~udtth DiBlas 360 Bayview Drive East Marion, N.Y. 11939 BRADLEY N. BROWN 77 EIGHTH AVENUE BROOKLYN, NEW YORK 11215 June 14, 1982 Board of Appeals Town of Southold Southold, New York Gentlemen: In The Matter of The Petition of Miriam Batson David E. Kappell, As Agent This is to advise you that we oppose Miriam Batson's proposed variance for construction of a deck as presently planned. Our property is directly across from the Batson's and consists of lots 127 and 128 on Cedar Lane, Gardiners Bay Estates. Sincerely, Bradley N. Brown BNB:mk cc: Mr. Carl Pihl · BOARD OF APPEALS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended' Code of the Town of Southold, the following matters will be held for public hearings by the. Southold Town Board of, Appeals at the Town Hall, Main Road, Southold, N.Y.on Thursday, June 17, 1982 commencing at 7:00 p.m. and as follows: 7:00 p.m. Application of Bouton Services, Inc., for John J. Bogert, Fox and Crescent Avenue, Fishers Island, NY ' for a Variance to the Zoning/ Ordinance, Article III, Section ' '100-32 for permission to erect &ntenna tower exceeding the height limitation for accessory , s~uctures. Location of Proper- ty: Private Road, Isabella Beach, Fishers Island, NY; County Tax Map Parcel No. ' 1000-I0-6-3. 7:05 p.m. Application of Lu, cy E. Michaels, 3570 Min- nehaha Boulevard, Seuthold, . NY for a Variance to the Zoning Ordinance, Article III, - Section i00-31 for permission to construct deck addition to dwelling with an insufficient rearyard setback at 3570 Minnehaha Boulevard, South-_,t bounded north by Laugh~,~ lng Waters; west by Tschiem- bet; south by Minnehaha Boulevardi_._~ast by Young; -"l~,~ ~ap'~o. 1000-87- 3-7. 7:10 p.m. Application of Vincent W. Annabel, Still- w~ter Avenue, Cutchogue, NY for a Variance to the Zoning "Ordinance, Article III, Section 100-31 for approval of insuffi- ciont road frontage of one parcel proposed in a two-lot division of property located at Stillwater Avenue, Cutchogue, NY; bounded north by Still- water Ave., Kiernan, Anna- bel; west by Stillwater Rd.; south by Stillwater Road; east b~ by East Creek; County Ta~l/ Map Parcel No. 1000-137.3.8. 7:15 p.m. Application of ,loseph W. Hawkins, 708,5 Hottoo Lane, Soothold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32A for permission to construct windmill exceeding the height limitations for accessory structures. Location of Property: 7085 Horton Lane, Soflthold, NY; bounded north by Hotton Lane; east by Sheffield; south by Kramer and Kempner; west by Booth and others; County Tax Map Parcel No. 100-54-7-1.004. /'~7:20 p.m. Application of Miriam Batson, c/o David E. Kapell, 443 Main .Street~ Greenpott, NY for a Variance tp the Zoning Ordinance, Article IH, Section 100-31 for I permission to construct an addition to existing dwelling with a reduction in rearyard setback at Bayview Drive, Hast 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, ~;as been published in said Long Island Traveler-Watch- man once each week for ........................ ../. ............. weeks .-,~ successively, commencin:?.g, on the ........... ..~....z'~..~. .......... Sworn ~J~.fore me this ................................ day ................ ........ , of CLEMENT J. THOMPSON NOTARY ?d~JC, State d Hew Vent ,~:~, EE.6~21725 Marion; more particularly [~I~iow~'"~i ~° Gardiners Bay / tes F.ed Map No. 27s..>1\ ! Lots 123 and 124; County Tax ~n~e R~ ~tate Co~ Legal NotioeS p.m. Application o~ othersi County Tax Map' LEGAL NOTICE NOTICE IS HEREI~Y GIVEN, pursuant to Section 267 of the Town Law and thb Provisions of the Amended Code of the Town of Southeld, the following matters will be held for public hearings by the Southold Town Board of Ap- peals at the Town Hall, Main Road, Southold, NY on Thurs- day, June 17, 1982 COmmenc- lng at 7:00 p.m. and as follow: [ 7:00 p.m. Application ~Bouton Services Inc., for ]JOHN J. BOGERT, Fox and ] Crescent Avenue Fishers r fs- ~ land, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to erect antenna tower ex~ lng the height limitation for accessory structures. Location of Property: Private : Road, Isabella Beach, Fishers Island, NY; County Tax Map Parcel No. 1000-10-6-0. 7:05 p.m. Application of LUCY E. MICHAELS, 3570. Minnehaha Boulevard, SOuth. old, NY for a Variance to the Zoning Ordinance, Ariiele Section 100-31 for permission to construct deck addition to dwelling with an insufficient rearyard setback at 3570 Min- nehaha Boulevard, Southold;. bounded north by Laughing Waters; west by Tschiember; south by Minnehaha Boule>.~ yard; east by Young; County Tax Map No. 1000-87-3-7. 7:10 p.m. Applioation of VINCENT W. ANNABEL, Stillwatar Avenue, Cutchogue, NY for a Variance to the Zon- ing Ordinance, Article III, Section 100-31 for approval of insufficient road frontage of one parcel proposed in a two- lot division of property located at Stillwater Avenue, Cut- cbegue, NY; bounded north by Sllllwater Ave., Kiernan, An- nabel; west by Stillwater Rd.; south by Stillwator Road; east by East Creek; County Tax Map Parcel No. 1000-137-3-8. 7:15 p.m. Application of ~OS.EPR W. HAWKINS, ?085/~ taortea Lane, Soatheld, NY for a Variance to the Zoning Ordinance, Article III, Section I00-32A for permission to con. struct windmill exceeding the height limitations for ac- cnssory structures. Location of Property: 7005 Horton Lane, Seathold, NY; bounded north by Horton Lane; east by Sheffield; south by Kramer & Kempner; west by Booth and others; County Tax Map Parcel No. 1000-54-7-1.004. 7:20 p.m, Application of MIRIAM BATSON, 443 Main ~tree., Greenport, NY for a Variance to the Zoning Ordi- nance, ,,krtic. le III, Section 100- 1 for perratssion to construct~ In add.~tion to existing twelling with a reduction in · earyard setback at Bayview )rive, East Marion; more mrticularly known as }ardiners Bay Estates Filed ~lap No. 275, Lots 123 and 124; ~ounty Tax Map Parcel No. 000-374-3. 7:30 p.m. Applicaton of ERPENTINE REAL ES- ATE CORP., 695 DiEllen ane, Elmnnt, NY (by Gary la.nner Olsen, Esq.) for a anance to the Zoning rdinance, Article III, Sec- on 100-31 for perm!esion to ~ve dwelling (converted om a barn) with an insuf- .'~ .~ t mdeyard setback a~,~ ~00 Main Road, Peconic var Southold); bounded [h by Main Road, Cappa Terry; west by dowski; south and east by pc; County Tax Map zl No. 1o00-75-~9.2. · ,5 p.m. Apphcahon GERARD GALLIANO, 2125 ParcelNo. 1000-113-6-14. Pine Tree Road, Cutchague, 9:00 p.m. Application of NY for a Variance to the NORTH FORK BANK & Zoning Ordinance, Article III, TRUST CO., by Abigail A. Section 100-32 for permissioh Wickham, Esq., Box 1424, to construct garage in thn Mattituck, NY for a Variance frontyard area at 2125 P.i~e to the Zoning Ordinance, Art- Tree Road, Cutchogue; icle VII, Section 100-71 for Nassau Farms Subdivision, .permission to construct drive- Filed Map No. 1179, Lot NO. m banking facility with 19; County Tax Map Parcel canopy extending into the ~, No. 1000-9~1-13. frontyard area. Location:/ ..... b~ing duly Sworn, 7:45 p.m. Application of Mattituck Shopping Center, HENRY S. KOZEN, 1520 Main Road, Mattituck; Court- blisher of the SUFFOLK Donna Drive, Mattituck, NY,4. ty Tax Map Parcel No. 1009- for a Variance to the Zoning,: 1424-26. heal ~xt Greenpart, in said ordinance, Article III, Section 9:05 p.m. Application of 100-35 for permission to con- SOLWIN INDUSTRIES. INC., the annexed is a printed struct 6'-high fence in the c/o Esseks, Hefter, Cuddy and frnntyard (which would Angel, Esqs., 108 East Main d Suffolk Weekly Times exceed the. 4' height Street, Riverhead, NY for a limitation) at 1520 Donna Special Exception to the ~ ................ weeks Drive, Mattituck; Deep Hole Zoning Ordinance, Article IX, Creek Estates Subdivision. Section 100-90A for a windmill '[ 0'~9. Filed Map No. 4256, Lot No. farm to be located on ........................ 33; County Tax Map Parcel promises zoned C-l. Location No. 1000-115-15-14. of Property: Off the north side 7:50 p.m. Application of of Main Road, East Marion; STANLEY AND MARY bounded north by Tomias and ........................ MOISA, 46 Sunset Lane, East Marion War Memorial Greenport, NY for a Variance Association; went by Koch and ,~" to the Zoning Ordinance, Art- .others; south by Begora and ~ r' icle III, Section 100-31 for ~-etchain and others; east b~~ ~ ~/ fl // permission to construct Terry; County Tax Map addition to dwelling with an Parcels No. 1000-22-3-11, 12, 14 ......................... insufficient rearyard setback~ and 15. at 46 Sunset Lane, Greenport; 9:30 p.m. Application of ........................ bounded north by Mellas and SOLWIN INDUSTRIES, INC., Ahaesy; east by Romei; south c/o Esseks, Hefter, Cuddy and by Dinizio; west by Sunset Angel, Esqs., 108 East Main Lane; County Tax Map Parcel Street, Riverhead, NY for a ~0~ No. 1000-334-63. Variance to the Zoning Orall- Y:55 p.m. Application of oance, Article IX, Section 100- PETER KUJAWSKI. by 90 and Article VllI, Section Stanley C. Corwin, Esq., 634 100~0 for: (a) permission to First Street, Greenpert, NY construct towers exceeding for a Variance: (I) to the the height limitation of the Zoning Ordinance, Article iii, zoning code and (b) an Section 100-31 for approval of interpretation of Section 100- the insufficiontyardsetbacks 90A to the effect that due to location of new lot line, "windmill farm" is a '~' and (2) to New York Town ..... permitted ~ndustrml use i~? Law, Section 2808 for this zone. Location o~' Approval of Access. Location Property: Off the north side of of Property: 3275 Skuak Lane, ~? Main Road, East Marion; Cutchogue; bounded north byfi bounded north by Tomias and Bay Homes Subdivision, and East Marion War Memorial Kujawski; east by Pontino & Association; west byKochand ano.;southbyMarco;westby others; south by Begora, Skunk Lane; County Tax Map Ketcham and others; east by Parcel No. I000-97-9-10.1. Terry; County Tax Map 8:10p.m. Applicalloa of EL. Parcels No. 1000-22-3-11, 12, 14 WOOD AND CAROL and 15. HUGHES, 1711 Meadow Lane, Dated: June 7, 1982. East Meadow, NY 11554, for a BY ORDER OF Variance to .the Zoning THE SOUTHOLD TOWN Ordinance, Article III, Section BOARD OF APPEALS 100-31 for permission to GERARDP. GOEHRiNGER construct addition to dwelling CHAIRMAN with an insufficient sideyard By Linda Kowalski, at 6125 Skunk Lane, Cut- chogue; Nassau Farms ~ 1TJ19-3980 Secretary .\ Subdivision, Filed Map No. · ,i 1179, Part of Lot 130; County Tax Map Parcel No. 1000-104- 4-1. ~ /~ 0:15 p.m. Application of RAYMOND AND JOAN YOUNG, by Richard F. Lark, Esq., Main Road, Cufchague, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of two proposed parcels at the corner of Horton Avenue and Shirley Road,, Mattituck; bounded north by Young and others; west by Shirley Road; south by Horton Avenue; east by Bergen and others; County Tax Map Parcel No. 1000-141- 1~37. 8:30 p.m. Application of GERTRUDE K. REEVES. by .,- Richard F. Lark, Esq., Main/ ~ Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article'IIl, Section lO0-31 for approval of insufficient depth of parcel(s) located off Cedar Birch Read, Orient; bounded north by and Cedar Birch Road; south '" by Gardiner's Bay; east by / "'~ Cedar Birch Road; County ': ~Ta~x,..M. ? p~.P~.a_rcels N~: ~!.ooo:15, 'Copies to the follo~'ng on or about June Suffolk Times, Inc. Hand Deliveries L.I. Traveler, Inc. Bouton Services,.Inc. Mrs. Lucy E. Michaels, 6/8/82. (for John J. Bogert), Box 506, F.I. 06390 3570 Minnehaha Blvd, Southold Mr. Mr. Mrs. Miriam Batso~[°443 Main St., Greenport Mr. David E. Kapell as agent for Ms. Batson. Gary Flanner Olsen, Esq. for Serpentine Real Main Road, Mattituck Vincent W. Annabel, Stillwater Ave., Cutchogue Joseph W. Hawkins, 7085 Horton Lane, Southold Estate Corp. Serpentine Real Estate Corp., 695 DiEllen La., Elmont, NY NORMAN ADDY as agent for Estelle L. Weinrib, New Suff. Ave., Mattituck Ms. Estelle L. Weinrib/ 27 West 86th Street, New York City 10024 MR. GERARD GALLIANO, 2125 Pine Tree Road, Cutchogue Mr. Norman Addy as agent, New Suffolk Avenue, Mattituck Mr. Henry S. Kozen, 1520 Donna Drive, Mattituck Mr. and Mrs. Stanley Moisa, 46 Sunset Lane, Greenport Stanley S. Corwin, Esq. for Peter Kujawski, 634 First St., Greenport Mr. Peter Kujawski, Bay Avenue, Peconic Mr. and Mrs. Elwood Hughes 1711 Meadow Lane, East Meadow, NY 11554 Richard F. Lark, Esq. for Raymond & Joan Young Richard F. Lark, Esq. for Gertrude K. Reeves Mr. Tug Wilson (Gertrude Reeves file), Main Road, Orient 11957 Rudolph H. Bruer, Esq. for James Manos, Main Road, Southold Abigail A. Wickham, Esq. for NFBTC, Main Road, Mattituck Esseks, Hefter, Cuddy and Angel, Esqs., (for Solwin Industries~ 108 East Main St., Riverhead 11901 Town Board Town Clerk Bulletin Board Individual ZBA Files ZBA Members Southold Town of Appeals ENVIROMENTAL DECLARATION: Appeal No. 299'1. Application of MIRIAM BATSON. Variance for addition, with reduced rearyard. On motion by Mr. it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Miriam Ba o : ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a Type II Action, not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: Bayview Drive, East Marion, NY. Vote of the Board: Ayes: M~ssrs. Dcug!~__~c, Ccc_~_rin~cr, J ' K JUDITH T. TERRY TOWN CLERK REGISTRAR OI VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 May 19, 1982 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2991 application of Miriam Batson for a variance. Also included is notification of adjacent property owners: Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department;;and survey. JTT/bn ~nc~8ures Town Clerk TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR Ma- [~ 1982 DATE .......:~......x...., ......... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~i r ia.m Ba~son~ uavza e. ~.apez± as agent . 443 Main Street 1, (We) ..... ............................................................ or ............................................................................ hJame of Appellant Street and Number ........... .C..;'..e..~.;'tR.9.;;.t; .............................................................. ~e.~...~.az~. ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ............. z..~. ................. DATED ....... ~./.,~J,/.~.;~ .............................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Chester Orlowski Name of Applicant for permit of ...... ]3 ~q ~.~s ~..~Lv.e..... gu ~.c h~§~e.....N...¥ ........................................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to construct addition to existing dwelling. 1. LOCATION OF THE PROPERTY ...... .B..a..y.y...i..e.,.w.....D..r...i..v.,e. ................................................................ Street Use District on Zoning Mop ......... 1 O.O.J..v.~ 3. 7..':.0..4..-.0 0.3 .................................... /v~ap No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ITI Rncl-. 1OD-q1 ~,1~ ~h~,,l~ (X ( TYPE OF APPEAL Appeal is made herewith for A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... dwelling reduces REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that the proposed deck addition to the existing rear yard setback. 50 feet O" is required, present line is nonconforming. ~'orm Zl~l (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIP becau~ the location of the existing dwelling is such that no deck addition may be erected in strict compliance with the ordi- nance thereby denying applicant's full use of the property. 2~ The hardship createdis UNIQUEand isnotshared by all properties alike in the immediate vicinity of this property and in this use district because other existing dwellings in the immediate area and in the Township are presently improved similary to that proposed by the applicant. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the use will be in harmony with and promote the general purposes of the Zoning Ordinance and the use will not prevent the orderly and reasonable use of adjacent properties and the safety, health, welfare, comfort and convenience and order of the Town will not be adversely affected by the proposed use and its location. The character of the district is similar to the applicant's proposed use. S'[ATE OF NEW YORK ) ) ss COUNTY OFSuffolk ) May Sworn to this .................. LI.. ....................... day of ................................................ 19 ........................ ............................. ) 82 FREDERICK .~. I~DI~sL''HI --.--- NOTARY PUBLIC, State of New ¥o~ No. 52-3945400 Qualified in Suffolk CountYl9 ,~.~ Commission Expires March 300 ' BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter of the Petition of Miriam Batson David E.Kapell,as agent to the Board of Aooeals of the Town of Southold NOTICE TO ADJACENT PROPERTY OWNER TO: Samuel Frey Bennett Kleinman & wife Gardiner~s Bay Estates Club, Inc. 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 requesta (Variance) (Special Exception) (Special Permit) (the following relief: to allow construction of an addition to an existing dwelling ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: south side of Bay¥iew Ave, E. Marion, N.Y. described on Suffolk County Tax MaD as: District 1000- Sect.037- Block 04- Lot 003 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefoUowingzoningdistrict: A-Residential. A~ricultral 4. That by such Petition, the undersigned will request the following relief: rear yard set back requirement Variance of the 50' $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sectic~a 100-31 Bulk Schedule 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 notice(~you or your ~,4~resentative have the right to appear and be heard at such hearing. ~~ ~.[~~, Dated: May I~ , 1982 ~Miriam Batson ' ' David E. Kapell, as agent Petitioner Post Office Address 443 Main Street Greenoort, N.Y. 11944 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Samuel Fre~ ~ Ba~yvle¥~P,0, ~ox 372~ E. Marion, N.Y. Bennett Kleinman & wire--f33 A~on Place, Amityville, Gardener,s Ba~ Estates Club, ~1~39 N.Y. 11701 Inc~'~:Gar~tner's Bay Estates, E, ~a=ion, N,Y, 11939 9L61 udv '001~£ tuJo:tSd r STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~,~H I~; KapP11 , residing at A/'q H~ Stremt. GrmmnDort. N.Y. , being duly sworn, deposes and says that on the- %~'K" day of Ha ,19 8 2 , deponent mailed a true copy of the Notice set forth on the re- verse si~e hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- ficeat C,r~mnn~r r (certified) (qaSiee.~i) mail· Sworn to before me this ~7 //~16~ry Public FREDERICK 3. TEDESCHI NOTARy PUBLIC, Slate of New No. 52-3945400 (~uali~ied in Suffolk Coun COmmission Expires March ; that said Notices were mailed to each of said persons by ~, ~f r) SHO~,T EHVIRONkfENTAL ASSESSt4ENT FORhf j~s~auc?IoHs: (o) I~ order to answer the questions in this short EAF Et Es assumed that the preparer Y/ill use. curzently available information concerning the project and the ~ke~y impacts of the action. It is not expected that additional s~udies, research or other investigations ¥151~ be undertaken. (b) If any question has been answered Yes the p~o)ect may be significant and a completed Envi~onmentol Assessment Form is necessary. (c) If all questions have been ons¥~ered No it Ss likely that th£s p~o~ec¢ is not sign~ficont. ' (dj E~vi~onmental Assessment '' ~. ¥1±LL project result in o large physical change " to the project site Or physically alte~ more than 10 acres of: rand? ........................ Yes ~No 2. 1'I&~1 there'be a ma~or change ~o any unique or · unusual ~ond fo~m found on the site? .......... Yes, Z N~ 3. ¥1&}Z prelect alter or have a large' effect'on . exist$ng body of ~ater? ........................ Yps. × N~ 4. ¥/i~1 pro)eot have o potentially large ~mpoc¢ · on ground~.mte~ quality? ....................... Yes ~No 5.' ¥1&1~ project s$gn~ficantly effect drainage 6. I'/&~1 pro,eot affect any threatened or endangered pZant o~ animal species? ............ Yes ~ No 7. ¥/L~1 project result in o ma~or adverse effeEt " air quality? ,.' Yes × No 8. I'I±iZ p~o~ect hove o mo]o~ effect on visual character of the community or scenic views o~ vistas known to:be imporlont to the community?. 'Yes ×'No ?. ¥ti~} pro,eot o'dversely impact any site or .. paleontological importance or any slte designated os a critical envlronmental area by a local agency? ............ =~. -~--- ~. .. ........ .......~ Yes × No ~0. ~Wii project have o major effect on ex$st&hg or future recreationo} opportunLties?.L. ....... . Yes × No 11. ~?il1 project result in .major traffic problems o~ cause o major effect to ex-isting ¢~onsportation systems? ....................... _ Yes × No ~2. ¥t±11 project .~egulozly cause objectlonabZe odozs~ no~se~ gla~e~ v~bro~$on~ o~ e}ec'tr$co~ disturbance as a ~esult of the project's opera~ion? : Yes × No }3. ¥1±~'project have any impact on public health or.safety? .................................... _ _Yes. × No 1~. I'~111 p~o~ec~ affect the existing community by directly causing o gro¥~th in permanent " population of more than 5 percegt ove~ a one year period o_z.r hove o major negotlve effect on the character of the community or Yes ×No neighborhood? .......... project? ....................................... Yes × No REPRESEI~TING Mi~am Batson DATE 5/[~/82 May ,14,1982 (Today's Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of Location of Property: Dear Sirs: In reference to the New York State 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 id the within appeal application: (please check one box) [ X] May be located within 300 feet of tidal wetiands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May b~ 'located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead 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. 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 within the jurisdiction of the N.Y.S.D.E.C.] ign~erely yours, ~ature please) ~%~ · 'Bldgo 40, SUNY - B0c~ 219 . '~.' ' .~ · ~%ony Brook, ~.k~w York 11794 r ~:' *~i (~6) 751--7900 April 1, 1982 Mr. Roderick Van Tuyl, FrontStreet at Main .preemp~r~, NY 11944 Miriam Batson SCTM 1000-34-4-3 Dear Hr. Van Tuyl: As a result of your inquizy concerning the above refe~-~%ced parcel, this Depa~U~t has o~lucted a map inspection. We have fot~d the parcel or (pzDject) to be behind a substantial man-made structure in excess of 100 feet · in length. Therefore, pursuant to Part 661, Official C~K.~ilation of ODdes, Rules and Regulations of the Stat~ of New York, Sectio~ 661.4~), no pezmit unger .a_r"r.j.~ 25 (Tielal T'~)~l.~) of the Environm~tal Oonserva*{~ Law is require-l- · .g / / / I ' ! , I i I: i r'i