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HomeMy WebLinkAbout2944 Appeal No. TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS 2944 by application Dated January 14, 1982 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mrs. Barbara Kujawski 125 Sound Avenue Mattituck, NY 11952 __ at a meeting of the Zoning Board of Appeals on Apr i 1 3, 1982 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ~ Request for a variance to the Zoning Ordinance Art. II/, Sec. ( ) 100-30A Appellant the appeal 1. SBEgg-4~rX~~l~..~nX~X~XX~X~Ig~lggaXX~N~,llxM_-~.Mption ( ) be ~anied ( ) be denied pursuant to Article .................... ~ctwn .................... Sub~ction .................... paragraph .................... of the Zoning ~dinance md the decision of the Building I~pector ( ) be reversed ( ) be ~mW~m~K~ .P~l.ic Hearin.~s 2/4/82 & 2/26/82: Upon application of Barbara Kujawski, 125 Sound Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A for permis- sion to conduct real estate branch office at premises zoned "A" Agricultural and Residential, more particularly known as 125 Sound Avenue, Mattituck, NY; bounded northwest, northeast and east by J. Kujawski & ano.; south by Sound Avenue; east by LILCO. County Tax Map Parcel No. 1000-120-1-2.2. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the d~strict because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed, lk ZONING BOARD OF APPEALS FORM ZB4 This is an appeal for a use variance to permit residentially zoned property to be used as a branch real estate office. The premises in question are located on the north side of Sound Avenue, and comprises approximately 40,241 square feet in area. The property is improved with a 1-1/2-story wood frame dwelling house, together with a detached private garage. It is designated on the Suffolk County Tax Map as District 1000, Sec- tion 120, Block 1, Lot 2.2. All neighboring property is in the "A" use district. The dwelling is occupied by appellant and her children as a private residence. It is the intention of the appellant to use a portion of the dwelling for the operation of a branch real estate office. Although the zoning code permits certain specified professional offices to be located in a private dwelling, as an accessory use, subject to specified conditions, a real estate office is not one of these specified uses. Accord- ingly, such a use may only be allowed by the grant of a use variance. It is well established that before a use variance may be granted by this board, unnecessary hardship must be demonstrated by proof that: (1) the land cannot yield a reasonable return if used only for the purpose allowed by the code; (2) that the plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood, and (3) that the use applied for will not alter the essential character of the neighborhood. At the hearing, the only proof submitted was applicant's statement bearing on the suitability of the building and land for the intended use. No evidence was presented on the issue of unnecessary hardship. In the absence of such proof, this board may not grant a variance. At the hearing, certain legal questions were presented in opposition to the grant of this variance. However, since the board must deny the application for the reasons stated, the board deems it unnecessary to address such issues. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to deny Appeal No. 2944, application of Barbara Kujawski in which permission was requested to conduct a real estate branch office at premises known as 125 Sound Avenue, Mat- tituck, NY. Vote of the Board: Ayes: Messrs. Grigonis, Doyen and Douglass. Member Goehringer abstained from vote. Member Sawicki was absent. RECEIVED AND FILED BY APPROVED . - Chairman Boa, l:drof'AP-ptJa''1~ NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Tog~ Law and the Provisions of the Amended Code of the Town of Southotd, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Friday, February 26, 1982 commencing at 7:30 and as follows: 7:30 p.m. Application of Clara Prout, 107 Greenacres Avenue, White Plains, NY 10606, 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 465 Private Road $3 (off Pine Neck Road), Southold, NY; bounded north by Jockey Creek; west by Dyer; south by Norris; east by Shecter; County Tax Map Parcel No. 1000-70-6-16. 7:40 p.m. Application of Anastasios and Anna Parianos, 43-21 Astoria Blvd., Long Island City, NY 11105, (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and Bulk Schedule, for permission to reconstruct and locate second dwelling as existed prior to destruction by fire with insufficient yard area(s) at the southwesterly corner of Peconic Bay Boulevard and Sigsbee Road, Laurel, NY; more parti- cularly known as Lot t08A on Amended Map of Mattituck Park Proper- £ ties, Inc., Map No. 801; County Tax Map Parcel No. 1000-126-5-13. 7:50 p.m. Application of Dimitrios Pavlidis, Strang, Box 1412, Southold, NY, for a Variance to nance, Article III, Section 100-31 for permission one-family dwelling with an insufficient rearyard by Garrett A. the Zoning Ordi- to construct setback at 790 Hickory Avenue, Southold, NY; bounded northwest by Williams; west by Hickory Avenue; southeast by Carroll; east by Dow; County Tax Map Parcel No. 1000-54-6-6. 7:55 p.m. Application of Barney Monticello, Basin Road, Southold, NY (by William B. Smith) for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-35 for permission to construct tennis court on a corner lot, described as Lot 6 on Map of Paradise Point, Map No. 3761; County Tax Map Parcel No. 1000-81-1-12. 8:05 p.m. Application of Mr. and Mrs. James Mullins, Box 882, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with reduced frontyard area off Sunset Lane. Location of Property: Corner of Sunset Lane and West Lane, Southold, NY; bounded north by Dickerson; west b~ Sunset Lane; south by West Lane; east by Mutlins; County Tax Map Parcel No. 1000-88-6-6. Page 2 Legal Notice Southold Town Board of Appeals Meeting for February 26, 1982 8:15 p.m. Application of Nicholas D. Yuelys, 56005 County Road 48, Greenport, NY for a rehearing of Appeal No. 2886, for a variance to the zoning ordinance, Article III, Section 100-32 for permission to construct accessory building in the frontyard area at 56005 C.R. 48, Greenport, NY; bounded north by L.I. Sound; west by Chudan; south by C.R. 48; east by Atwan. County Tax Map Parcel No. 1000-44-1-19. Recessed hearing of Appeal No. 2944, application of Barbara Kujawski to conduct real estate branch office on premises zoned "A" Residential, known as 125 Sound Avenue, Matt- ituck, NY. DATED: February 4, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEH~INGER, CHAIRMAN By Linda Kowalski, Secretary Instructions to newspapers: Please publish once, to wit, Thursday, February 18, 1982 and forward six affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971, on or before February 24th. (Tel. 765-1809) Copies have been forwarded on 2/12/82 to the following: Suffolk Times L.I. Traveler-Watchman Ms. Clara Prout, 107 Greenacres Avenue, White Plains, NY 10606 Ms. Clara Prout or Thomas Reed, Pine Neck Road, Southold, NY 11971 Gary Flanner Olsen, Esq. (for Parianos), Main Road, Mattituck 11952 Mr. and Mrs. A. Parianos, 43-21 Astoria Blvd, L.I.C., NY 11105 Mr. Garrett A. Strang as agent for Pavlidis, Box 1412, Southold Mr. William B. Smith as agent for Monticello, Main Road, Southold. Mr. Barney Monticello, Basin Road, Southold 11971. Mr. and Mrs. James Mullins, 444 East 20th Street, NYC 10009 1715 Sunset Lane, Southold 11971. Nicholas D. Yuelys, Esq., 6159 Broadway, Mrs. Barbara Kujawski, 125 Sound Avenue, Bronx, NY 10471 Mattituck, NY 11952 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR ( ) DATE ..~.. ~.~:..~.~..~ ~ TO THE ZONING BOARD OF APPEALS, TOWN OF 5OUTHOLD, N. ¥. ........ o, ..... .............. 1, (We) ....... ~~~;~ ...................................... .~.~ ......... HEREBY APPEL TO THE ZONING BOARD OF APP~LS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PE~IT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ................ ~S~;;r~;~"'~xqe':"~'"'~h~~':"~'"'~-' .............. PERMIT TO USE PERMIT FOR OCCUPANCY 1 LOCATION OF THE PROPERTY~.~...'-~..~..~.,..~..~.....t~..~...: ............ ,,~..,..:~,~~~:._._.~ Street ..~ ............ ~....~....~..~....~ z.~. Map No Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- secti~ ana~F-'~.?-T. Paragraph !~ °~J?e Z°ning Ordinance bY ~-~mb~i~° n°t qu°te the Ordinance') ~ ~Z~ - ~Z) 3_./YPE 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 Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (t~) (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 avariance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( )/ A Variance to Section 280A Subsection 3 (~'/) A Variance to the Zoning Ordinance ) is requested for the reason that OL/,3~,~X~._ ~ 73m-~ .~o Form Z~! (Cbntinue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would 2roduce practical difficulties or unneces- son>, HARDSHIP because 2. The hardsh 2 created is UNIQUE and is not shared by all properties alike q the immediate vicinity of this property and in this use district because 3 CHARACTER OF THE DISTRICT oecause The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE COUNTY Or Sworn to this .............. /,~..~ ................. doy of .......... Public ELIZABET~ AN~, NEV~E ~ARY PUBLIC, Stat~ ~ ~e~v Yer~ ~o. 52-8125850, Suffolk Com~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ .. ~. z~... ~..~. ~?.~ ~..~.e ........ - PLEASE T~E ~OTICE that your application dated' ~'~r .... ~'~..., 19Z~. for pemit to ~nsz;ac~ .~7~ .~~ff ~.ff. ~ Z~..~A~t ~o~a~Xo~ o~ ~ro~,~ ...~ X.~.. ~e~ .Mm .......... ~'~ ...... Hou~ No. Steer H~mlot County Tax Map No. 1000 Section .. A~ ...... Block .. ~/ ........ Lot ~-.~-. ........ SubdMsion ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the fo~ow~g grounds~F~..~¢..~G~ ~~ M~.~:~//7..~ec../o~.~..~:.d~ ........... B~ld~g ~spector RV 1/80 40,241 sCl. fi. souND AVENUE I NOTE: m = MONUMENT YOUNG & YOUNG 400 OSTRANDER AVENUe, RIVERHEAD. NEW YORK .lNG HOWARD W. YOUNG FOR: KUJ~V/SK/, Ut~ 8 8,~A~E)~t?~ KUJ~PVStdl AT . MA T TI TUCK TOWN OF SOUTHOLD SUFFOLK CO., N.Y. 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. 11971 TELEPHONE (516) 765-1809 April 5, 1982 Mrs. Barbara Kujawski 125 Sound Avenue Mattituck, NY 11952 Re: Appeal No. 2944 Dear Mrs. Kujawski: Please find enclosed herewith for your records a copy of the formal findings and determination recently rendered and filed this date with the Office of the Town Clerk con- cerning your variance application. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk By: Linda Kowalski, Secretary Enclosure TVVOMEY, LATHAM & SHEA ATTORNEYS AT LAW 33 WEST S[CONO ~TREET P.O. Box 398 RIVERHEAD. NEW YORK 11901 (516) 727-2180 10 MAIN STREET EA~rT HAMI~rON. N.Y. 11937 (516) 324-1200 February 25, Gerard Goehringer, Chairman Southold Zoning Board of Appeals and the Southold Zoning Board of Appeals Town of Southold Town Hall Main Road Southold, New York 11791 1982 Re: Application of Barbara Kujawski For a Use Variance Dear Chairman Goehringer and Members of the Board: On behalf of our client, John Kujawski, Jr., we hereby reiterate our opposition to the application of Barbara Kujawski for a use variance for property located at 125 Sound Avenue in Mattituck. As I stated to the Board at the last hearing of this matter on February 4, 1982, and as is stated in my letter of the same date, we believe that the Board does not have jurisdiction to hear the application of Barbara Kujawski since she is not the sole owner of the property. We believe the Board lacks jurisdiction because John Kujawski, Jr., co-owner of the property objects to the variance. In accordance with the request of Mr. Tasker, the Town Attorney, I am enclosing a copy of the provision of the stipulation which was encompassed in the final judgement of divorce of the co-owners, which in our opinion, permits the applicant to use the building for her own real estate office, but does not permit her to use it as a branch office for another real estate firm. This is because of the obligation of John Kujawski, Jr. to pay property taxes, utilities and maintenance on the building in question. Gerard Goehringer, Chairman Southold Zoning Board of Appeals & the Southold Zoning Board of Appeals In addition to our jurisdictional objection, we submit that the application should be denied since the applicant has not in any way shown that strict application of the zoning ordinance would produce practical difficulties or unnecessary hardship. We submit that a reasonable return on the property can be obtained by the applicant without varying the use from that permitted in the "A" Residential Zone. Sincerely, Christopher Kelley CK/lam Enclosures cc: John Kujawski, Jr. long as she resides in the house. In tho event the plaintiff va- cates the house and the defendant occupies the same, the articles ~ ar~ personal property shall remain with the house. If the house !'is sold to a third party then the articles and personal property shall be mutually divided between the parties. 4. The plaintiff shall have the exclusive right to occupy the premises at 125 Sound Avenue, Matt/tuck, New York, until she i~r~arries or the youngest living child of the marriage attains the ~age of 21 years, at which time the plaintiff agrees to vacate fha i'!Pr~lsee and place the same on the market for sale to a bona iipurchaser. While the plaintiff occupies the house at 125 Sound !!Avenue, Mattituck, New York, she shall have the right to have the ~.¢hlldren and her immediate relatives live with her. Further the i!plsinttff shall be entitled to oonduct a real estate business fr0~ i~the ~remises. While the plaintiff ha~ the right of exclusive :Possession and occupancy the defendant agrees to pay the ~icharges in connection with the premises: (a) All (b) The !. !i kilowatt hours real estate taxes assessed upon the property. Long Island Lighting Company charges for year. (c) Fuel oil charges for 3800 gallons per year. (d) Any repairs to the roof, painting, electric and water service; repair of cesspools, but not including the e~ptying 'and cleaning thereof. After the youngest child attains the age of 21. years, and if it is mutually agreed that the plaintiff continue to occupy the NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Lay) and the Provisions of the Amended Code qf the Town of Southold that t~e~oliov4ng, additional vanunce appl~n witl be held fo~ pu~blicJ~eming by the Southold T~vn Board of Ap- peals atthe Town Hall, Main Road, Southold, N.Y. on ,~1~.., =s~.v. ~,a,,-,,,,.y ,~. ~a~: /'~ 8ils P..M. application of Barbara Kujawski, 125- Sound Avenue, Mattituck, N.Y. for a Vuriance to the Zoning Ordi- nance, Article III, Section 100-30A for permission to conduct real estate hranch office at premises zoned A- Agricultural and Residential, more particularly known as 12~ Sound Avenue, Maltituck, N.Y.; bounded northwest, northeast and east by 2. Kujawski & uno.; south by Sound Avenue; east by LILCO. County Tax Map Parcel No. 1~__~-120-1-2.2 ,~_ Dated: f~naury 14, 1982 By Order of the Southold Town Board of Appeals Oreard P. Ooehtinger,. Chmn By Linda,Kowalskt, Secretary 1 T-1/21/82(4)~.~ COUNTY OF SUFFOLK~jl STATE OF NEW YORK Potricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHNLAN, o 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 ....... ..~...~. ..................... day ...... 7. _(~,~.... ....... : ......... L.~/~ Sworn to before me this ...................... day of ......C~-~..~.-., 19..~..-.-'~-~ ........... ........ EDITH A. GUY NOTARY PUBLIC, Slate of New No. 52-4602497 Qualified in Suffolk County · a~mmission Expires March 30, 19.~..~ NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, that the following additional variance application will be held for public hearing by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, February 4, 1982: 8:15 p.m. Application of Barbara Kujawski, 125 Sound Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A for permission to conduct real estate branch office at premises zoned A-Agricultural and Residential, more particularly known as 125 Sound Avenue, Mattituck, NY; bounded northwest, northeast and east by J. Kujawski & ano.; south by Sound Avenue; east by LILCO. County Tax Map Parcel No. 1000- 120-1-2.2. Dated: January 14, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski, Secretary Instructions to newspapers: Please publish once, to wit, Thursday, January 21, 1982 and forward affidavit of publication to: L. Kowalski, Secretary, Board of Appeals, Town Hall, Main Road, Southold, NY 11971 on or before January 27, 1982. Copy to: Mrs. Barbara Kujawski Town Clerk Bulletin Board Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SDUTHDLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NOTICE OF DECLARATION 7[7,7,',' TUT:::LL ROBERT 3. DOUGLASS PURSUANT TO GERARD P. GOEHRINGER.(~J~.~ Joseph H. Sawicki-- ~.~.~. ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2944 Application of: Barbara Kujawski Location of Property in Question: 125 Sound Avenue, Mattituck, NY County Tax Map Item No. 1000- 120-1-2.2 Project Proposed by Appeal Application: Use variance requesting permission to conduct real estate branch office in A-Zone district. 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 herein 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. The property in question is not located within 300 feet of tidal wetlands. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal application. A public hearing concerning the variance application has been scheduled for February 4, 1982 at 8:15 o'clock p.m. to be held at the Southold Town Hall, Main Road, Southold, New York. Dated: January 14, 1982. By Order of the Southold Town Board Copies to: Applicant/Agent ,~'~Y.~r( ~. /~-~. Town Clerk Bulletin Board Appeal File of Appeals JUDITH T. TERRY TOWN CLERK REGISTRAR O} VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Town Clerk Transmotted herewith is Zoning Appeal No. 2944 application of Barbara Kujawski for a variance. Also included is notification to adjacent property owner; Short Environmental Assessment Form; Letter relative to N,Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey of property. JTT/bn Town Clerk Enclosures Dated: January 14, 1982 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. lhat it is the intention of the undersigned to petition the Board of Appeals of the Town of Southol~l to request a {Variance) (Special Exception) {Special Permit) (the following relief: ' }. 2. That the property which is thee subject of the Pet~i..on is located adjacent to your property and is des- cribed as follows: That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applic/ab, le to the relief sought by the under- signed are Article I \ \ Sectic~ \CF~ - ~ ~ (~ 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: ¢"'~%'~ ~ \Ot~_ . Petitioner NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 277 417 552 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVlOED-- NOT FOR INTERNATIONAL MAIL (See Reverse) ¸TO POSTAGE FIFIED FEE STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~~4(%' '~, ¢' ~ .bein, dulysworn, deposes anS say, that on th, ~ay of ' ~' p u t~_r ~ 9 ~ . deponent mailed a true copy of the Notice set forth on the r&- verse side hereof, directed to each of the above-named persons at the addres~ set opposite thor respective name; that the addresses set opposite the names of said persons are the addr~ses of said persons as shown on the current~sment roll of the Town of Southold; that said Noticm were mailed at the United States Post Of- rice at ~ ~D (~ ~ , ( ~ ; that said Notic~ were mailed to each of said persons by (certified) (registere~)'mail. l~rm [x~ires g~reh 30 LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, that the following additional variance apl~lication will be held'f0r pubhc hearing by the Southold Town Board of Ap- peals at the Town Hall, Main Road, Southold, NY on Thurs- day, February 4,19~2: /~ 8:15 p.m. Application of Barbara Kujaws~i, 125 Sound Avenue, Mattilu~k, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A for permission to conduct real estate branch office at premises zoned A- Agricultural and Residential, more particularly known as 125 Sound Avenue, Mattituck, NY; bounded northwest, northeast and east by J. Kujawski & ano.; south by Sound Avenue; east by LILCO. County Tax Map Parcel No. 1000-120-1-2.2. Dated: January 14,1982. BYORDEROF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalskl, Secretary ITJ21-3862 STATEOF NEWYORK ) )SS: COUNTY OF SUFFOLK ) Xarer~ Jean Rysko ................................................................................... of Greenport, in said County, says he/she is a representative of THE SUFFOLK TIMES, a weekly newspaper, published at Greenport, in the Town of Southold, County of Suffolk, State of New York, and annexed is a printed copy that has been regularly published in said newspaper once in each week for...d2d~F.~.. ....... week(s) successively, commencing the...~.../.~ day ~orn to before me this .......... ._~..~ .............. day of........~ ........... 19.......[.~. ..................... HE1F!,I K DF ,, ~:,e of Ne',,,, Yolk IOHN KUIAWSKI & SONS INC. February 25, 1982 I, Raymond Kujawski, as part owner of the driveway leading into the residence of John and Barbara Kujawski oppose the establishing of an outside organization opening a real estate office. Raymond Kujawski APPEALSBOARD MEMBERS CHARLES GRIGONt$,JR. SERGE DOYEN, JR. ROBERTJ. DOUGLASS GERARD P. GOERRrNGER~ JOSEPH H. SAWlCKI Southold Town Board o£Appeals MAIN RE]AD o STATE ROAD 25 5[3UTHC]LD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 February 12, 1982 Mrs. Barbara Kujawski 125 Sound Avenue Mattituck, NY 11952 Re: Appeal No. 2944 Dear Mrs. Kujawski: Yesterday we mailed a notice to you that the time of your hearing was changed to 8:40 p.m., but unfortunately today our office received a request to postpone one of the hearings scheduled preceding your hearing. Therefore, because of the time available, your hearing was moved up to 8:25 p.m., February 26, 1982, rather than have you wait an unnecessary extra 15 minutes. If you have any questions, please don't hesitate to call. Yours very truly, lfk GERARD P. GOEHRINGER By: Linda Kowalski Secretary NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town 'Hall, Main Road, Southold,. N.Y. on Friday, February 26, 1982 commencing at 7:30 and as follows: 7:30 p.m. Application of Clara Prunt, 107 Greenacres Avenue, White Plains, N.Y. 10606, for a Variance to the Zoning Ordinance, Article IH, Section 100-31, for permission to construct deck addition to dwelling with an insufficient rearyard setback at 465 Private Road #3 (off Pine Neck Rdad), 882, Southold, N.Y. for a Variance to the Zoning Ordin- ¥ once, Article HI, Section 100- 31 for pe~aissiun to construct addition--tlb dwelling with re- duced frotltyard area off Sun- set Lane. Location of Property: Corner of Sunset Lane and West Lane, Southold, N.Y.; bounded north by Dickerson; west by Sunset Lane; south by--- West Lane; east by Mullins; County Tax Map Parcel No. 1000-88-6-6. 8:15 p.m. Application of Nicholas D. Yuelys, 56005 County Road 48, Greenpert, N.Y. for a rehearing of Appeal No. 2886, for a variance to the zoning ordinance , Article III, Section 100-32 for permission to construct accessory building in the frontyard area at 56005 C.R. 48, Greenport, N.Y.; bounded north by L.I. Sound; west by Chudan; south by C.R. 48; east by Atwan. County Tax Map Parcel No. 1000-44-1-19.~.~ ~' 8:25 p.m. Recessed heating of Appeal No. 2944, applica- tion of Barbara Kujawski to conduct real estate branch \ office on premises zoned "A" Residential, known as 125 Sound Avenue Mattituck N.Y. Dated: February 4, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Ko~socretary ~'~ 1T-2/18/82(1) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricio Wood, being duly sworn, soys 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 o printed copy, has been published in said Long Island Traveler-Watch- man once each week for ................... ..~ ................. weeks successively, commencing on the ........ ..~...~... .................... day of ........... .............. Sworn to before me this .....~:~....¢~... ................ day of ............ , ........... ............... 7:30 p.m. Application of ~iara Prout, 107 G. reenacres venue, White Plaim, NY Ordinance, Article ti!, Seetion 100-31, for permission to ;construct deck addition dwelling with an insufficient -~earyard setback at 4~ //l~riva te Road ~3 ( off Pine Neck r~oad), Southold, NY; baunded : ~c Zoning /8:25 p m R~ceSSed heaven pmguant to Seeti~-n'~e~--~'l :,ermioo;A- - ,_-l=~e=~ v: v~ ~o. z~, appncation / Town Law and ,,._ ~,"°, ¥Lum i~:__,o~,,u-,..w ~. of Barbara Kujawski toi,~vv of the Amend~,dm~-r~r~° -v~-L0,ns ~ f~.~o ow, emng ~ conduct real estate branch( ..... .] . Meeting and th~I foll~v'~ 0rn'er ~;~o~ ~.~sm.e. ntial, known as 125] ~ publichearin~wiHbeheldh~, itLane S~-,'',~ )?.u. noAvenue, Mattituck, NY.~ the SouthORl~To.,... ~ ~ ~ ~ , ~u..~,,~u, 4 ~ATED February4,19~2 :1 .............. being duly Sworn, appeals at the Town Hall. ,West by Sunset ,~l,~,;t~c,n,~w , . . Main Road Soum,,~a ~ ~. by wo,* ~ THESOUTHOLDTOWN S Pnnter and Pubhsher o! the SUFFOLK ~rmay, Fabruary 26, 1982 ins; County Tax GERARI~ ...... .~u-rr~a~ . . commencing at 7'30 and a. ~o 1000-88-6-6 P. GOEHRINGER, newspaper pubhshed itt Greenport, zn scud follows: ~ Application of CHAIRMAN Yuelys, 56005 ByLindaKowalski, ~ notice, of which the annexed is ~ printed Secretary flished in the ~aid Suffolk Weekly Times variance to the 48, Greenport, 1TF18-3S85 ~aring of Appeal ~_ Painting Company ~oking for Interior Work '---~orth by Jockey/~k; west race, Article III, for permission to :essory building trd area at 56005 re'~nport, NY; ~ by L.I. Sound; an; south by C.R. wan. County Tax OW WINTER RATES Call Jeanne or John ,. 765-1839 PLUMBERS Ih. week, ~or . . . .0.~? .................... weeks commencing on the .~ {Bi;Ia .................... aefore me this . ].!~;.h.... I day o! .. P..e.b..1Lu..a..x'y ...... 19..8.2.. ! ............... .... H~L£N K OE ~OE NOTARY PUBLIC, State of New York No. 4707575, Suffolk Count Term £xprres March 30, 19~t~,~ S°uthold Town Board of Appeals MAIN RDAD- STATE RDAD 25 5DUTHDLD, 1.1., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER (~.la.~,1~::~r1 JOSEPH H. SAWICKI t February 1t, 1982 Mrs. Barbara Kujawski 125 Sound Avenue Mattituck, NY 11952 Re: Appeal No. 2944 Dear Mrs. Kujawski: Please be advised that the time of your hearing has been changed to 8:40 p.m. on Friday, February 26, 1982. We hope that this will be convenient for you. Yours very truly, lfk GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary Southold Town of Appeals ~bruary 4, 1982 PUBLIC HEARING: Appeal No. 2944. Application of Barbara Kujawski, 125 Sound Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A for permission to conduct real estate branch office at premises zoned A-Agricul- tural and Residential, more particularly known as 125 Sound Avenue, Mattituck, NY; bounded northwest, northeast and east by J. Kujawski & ano.; south by Sound Avenue; east by LILCO. County Tax Map Parcel No. 1000-120-1-2.2. The Chairman opened the hearing at approximately 8:25 p.m., read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: I am not going to vote on this application because I am licensed by the State of New York to sell real estate and I have in the past sold real estate in Southold Town. Does anybody have any objection to my chairing the meeting, either attorney or applicant, or-- (There was no objection.) The Chairman proceeded with the hearing as follows: We have an updated survey indicating the position of the house on the property which is approximately 40,241 square feet, which encompasses a large 1½-story home and a rear garage. And we have a copy of the Suffolk County Tax Map indicating the surround- ing properties and this particular property. For anybody in the audience, the subject property is approximately 50 feet from the Riverhead Town line in Mattituck on Sound Avenue. Is there any- body that would like to speak in behalf of the application? Yes, Mrs. Kujawski. MRS. BARBARA KUJAWSKI: I think I've pretty well stated it in the application. When you came to inspect the premises, you saw that I did have an office that was separated in the house and closed off to separate it from the rest of the house. I have a separate bathroom. I have a separate entrance. I do have a blacktopped driveway that goes from the back of the house to the garage that probably would adequately park five, six, seven cars depending on how they park. The only problem I could foresee is that in order to gain access, you have to go onto the adjoining piece of property, and if that is a problem which it hasn't been in the past I would be willing to put a driveway from the west on the piece to the west of the house, right into the back of the house. MR. CHAIRMAN: Is there anybody else that would like to speak in behalf of the application? (None) Does anybody wish to speak against the application? CHRISTOPHER KELLEY, ESQ.: My name is Christopher Kelley, Esq. from Twomey, Latham and Shae on behalf of Mr. John Kujawski. This is a tough situation for my client. He feels badly he has Southold Town of Appeals ~'ebruary 4, (Appeal No. 2944 - Barbara Kujawski, continued:) 1982 MR. KELLEY continued: to be here. What our main objection to the application is, is that there are joint owners of this property. This is not indicated on the application, but in fact Mr. Kujawski, Mrs. Kujawski's former husband, is a joint owner of the property. And it is our position that this board does not have jurisdiction to hear an application for a use variance without consent of the joint owner of the property. We've laid out our position in writing in a letter I would like to transmit to the board and we have also enclosed a certified copy of the deed indicating joint ownership. (The following letter was entered into the record submitted by Mr. Kelly: ...Dear Chairman Goehringer: On behalf of our client, John Kujawski, Jr., we hereby object to the application of Barbara Kujawski for a use variance for property at 125 Sound Avenue in Mattituck. This is an application for a variance to use a single family dwelling located in a residential and agricultural district for a non-conforming use as a real estate branch office. Our client, Mr. Kujawski, is a co-owner of the subject property as evidenced by deed to the property dated December 21, 1976, a certified copy of which is submitted herewith. As a co-owner he objects to the use variance for this property being granted. Since the time of the purchase of this property by the parties, they have been divorced, and pursuant to their judgment of divorce stipulated to certain uses of the property. Pursuant to that judgment Barbara Kujawski was permitted to use the home for her own real estate office, but was not permitted to rent the space out or use it as a branch office for another real estate firm. This is because pursuant to the agreement John Kujawski, Jr. was required to pay property taxes, utilities and maintenance on the building. It is our position that without the consent of both owners of the property, the Board of Appeals does not have jurisdiction to hear an application for a use variance. Reimer v. Dallas, 129 A. 390 (Sup. Ct. NJ 1925). To allow a use variance on this property without the co-owner's consent to the application would be to subject that co-owner to paying the rent and overhead for an Southold Town Bo~l~d of Appeals (Appeal No. 2944 Barbara Kujawski, ~bruary 4, continued:) 1982 outside real estate firm, which was not contemplated by the parties in the judgment by which they were divorced. We, therefore, submit to the Board that this application be withdrawn, as being not made by a proper party, and wholly be denied. Sincerely, /s/ Christopher Kelley .... ) (Photocopy of Deed at Liber 8164 cp 283 and 284 were entered into the record showing conveyance on December 21, 1976 to John Kujawski, Jr. and Barbara Kujawski, his wife.) MR. CHAIRMAN: Thank you. MR. KELLEY: Since the parties have been divorced, they, pursuant to their divorce judgment, they were in agreement where- by Mr. Kujawski allowed, or it was agreed that Mrs. Kujawski would retain the premises for a period of time, at least until the youngest of their children reached the age of 21. According to that agreement, Mr. Kujawski would pay utilities, real estate taxes and certain maintenance on the house, and it was also agreed that Mrs. Kujawski could operate her own real estate business if she was able to get the proper permits and so on. Unfortunately, that is not what the proposal is tonight, and that is why my client is concerned. He is concerned that there will be a, what in effect will be a real estate tenant, a busi- ness, other than Mrs. Kujawski's, and in effect he will be paying the overhead of that business, which he never agreed to do and which he does not think falls within the purview of the divorce judgment. If this branch office is allowed to open, my client will have to pay the utilities, real estate taxes and so forth, which he doesn't think this ought to be agreed to and which it is our position he did not agree to. Aside from that we also feel that there has been no practical difficulty or unnecessary hardship shown here. Mrs. Kujawski could open her own office, and we don't feel it is within the character of the neighborhood to have a commercial property, for instance with signs and traffic and so forth, coming into a real estate office. The effect would be a commercial-office building in an area where there are some busi- nesses uses but they are conforming with the residential-agricul- tural zone use requirements. I think you can understand my client's position. We feel badly that this has to be in front of a zoning board of appeals. It's really a matrimonial matter. It's something that really should be worked out in court, or amicably between the parties is possible which we have also tried to do and has been unable to. This like I say a matrimonial matter, as s mattsr of sgpser~Bnt · Southold Town B~ard of Appeals ( Appeal No. 2944 - Barbara Kujawski, February 4, 1982 continued:) KELLEY continued: between tho parties; but our position is that this board does not have jurisdiction without the consent of the co-owner, Mr. John Kujawski, Jr. Thank you. MP~CHAIRI~N: Thank you. Is there anybody else that would like to say anything against this application? (None) Mrs. Ku- jawski, would you like to say anything in rebuttal? MRS. KUJAWSKI: I spoke to my attorney this afternoon, and he said that this should not be brought up end it is not a zoning board matter. If my ex-husband does not want this which he agreed to, I have it in writing in my pocketbook signed by him, then it should have been brought up before ( ) and I don't know where to go from here. I think maybe an adjournment to get my lawyer here-- I didn't expect this. ~. CHAIRMAN: I would say that there is the possibility of recessing the hearing. I don't know how the board feels about it. I don't know if there is any objection from M_r. Kelley, end I think if that were the case maybe what we will do is deliberate, but let's see what Mr. Kellcy says concerning the recessing of t he hearing, sir, MR. KELLEY: We would agree to recessing the hearing. It is our concern that you as members of the ~onzng board of appeals with zoning expertise will have to pass judgment on the construc- tion of the separation agreement or judgment. We would consent to a recessing. MR. CHAIR~fAN: Excuse me, Mrs. Kujawski, you had something else to say. We were just discussin~ it. MRS. KUJAWSKI: This matter really doesn!.t belong in front of the board. All I'm asking for is what I want on the applica- tion. This matter here does not belong before the Zoning Board of Appeals. ~. CHAIR~N: Do you gentlemen wsnt to deliberate on this, recess, what do you want to do? ~.~BER DOUGLASS: I make a motion to close the hearing ~nd reserve decision. (Member Douglass thought that Mrs. Kujaw~ki would have preferred that the hearing be closed inasmuch as per- sonal matters were br.~ught up.) ~. CHAIR~N: Before I ~sk for a second ~nd vote, how important to you feel it is, Mrs. Kujawski, having your attorney here? ~ Southold Town Board of Appeals (Appeal No. 2944 - Barbara Kujawski, February continued: ) 1982 ~S. KUJAWSKI: I really am put in between a rock and a hot plate. He has attorney here. What do I know about the laws? I really didn't expect all this nonsense here. MR. CHAIR~N: You are aware of the fact wh~t happens when we close the hearing? That means no other information can come forth. Ok? That's all it really means. MRS. KUJAWSKI: I rather would have my attorney be given a chance to do the things theft his attorney is doing. ~. CHAIRi~N: Will you withdraw your motion? ME~ER DOUGLASS: Let me ask -- do you want, I put a motion on the floor to close the hearing on what we've got and to reserve decision. Now this would stop everything right where it is. Would you rather come back here with an attorney and have two attorneys tearing things apart more, or do you want to -* ~.~. CHAIR~N: Why don't we take a five-minute recess so that you can discuss it with the gentleman you have with you, and then we'll come back, when you're ready come back hopefully by 8:35. First of all, do you want to press the motion or do you want to -- MEMBER DOUGLASS: No, let M_rs. Kuj~wski tell me what she desires. i.~S. KUJAWSKI: Give me five minutes here Just to get my act together here and I'll be right back. MEMBER DOUGLASS: You tell us what you desire because if my motion is passed it will stop it right now. If I withdraw the motion and you recess thi, yo~ ~re going to h~ve two ~ttorneys pounding from both sides, and it'll be anything but what you're asking. MRS. KUJAWSKI: I'll be right back. Motion was made by Mr. Goehringer, seconded by ~. Grgionis, and duly carnied to recess for approximately five minutes. Motion was made by ~r. Goehringer, seconded by Mr. Grigonis, and duly carried to reconvene the hearing of Barbara Kujawski at approximately 8:38 p.m. ~. CHAIRM~AN: Serge, was there something that you wanted to say? ~.~F2~BER DOYEN: Well, only that as a matter of policy, we have always given the applicants before this board every opportunity' to have everything they want ~o say, !eg~l cr ctherv~ise, you l~ow, for ~ Southold Town Board of Appeals Februery 4, 1982 (Appeal No. 29t!~I - B~rbara Kujawski, continued:) ~,~MBER DOYEN continued: our information so we can hopefully come to a good decision, so before you give us your decision we want you to feel free and know that if 2o~? want ~our lawyer here, we're perfectly willing to recess this for you to bring forth whatever info.muation you want to add, or in a way that you think it's legal perhaps or whatever. ' MRs. KUJAWSXI: I think I am going to tske Mr. Doyen's advice and just put everything on hold, so I can get my lawyer here, because I feel I'm st a disadvantage. MR. CHAIRM~N: I have to ask Mr. Douglass to withdraw his motion. t¥~BER DOUGLASS: ski wants. It's withdrawn, if that's what Mrs. Kujaw- ~MBER GRIGONIS: I'll offer s resolution to recess this say until the next regular meeting. We don't have an actual date but it will be at least three weeks, won't it? ~. CHAIR~N: 26th. It will either be February 2~th or February was ~S. KUJAWSKI: And hopefully this will all be resolved. On motion by Mr. Grigonis, sec~Sed by Mr. Goeh~mnger, it RESOLVED, to recess the hearing of Appeal No. 2944, appli- cation of Barbara Ku~awski, until the next regular meeting of this board'. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., ~ SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRiNGER., (~&.~ JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- ~TATE ROAD 25 SOUTHOLD, L.I., N.Y, ll'::J?} TELEPHONE (516) 765-1809 February 5, 1982 Mrs. Barbara Kujawski 125 Sound Avenue Mattituck, NY 11952 Re: Appeal No. 2944 Dear Mrs. Kujawski: This letter is to confirm that the hearing on your appeal application has been recessed until the next regular meeting of the board, to wit, Friday, Pebruary 26, 1982 at 8:20 p.m. to be held at the Town Hall, Main Road, Southold. If you ha~e any questions, please do not hesitate to call our office. Yours very truly, GERARD P. GOEHRINGER GPG:lk CHAIRMAN 'E'~NOMEY, LATHAM & SHEA A3-rORNEYS AT LAW February 4, 1982 Chairman Gerard Goehringer $outhold Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11791 ~.AST HAMPTON, N.Y. 11937 (516) 324-1200 Dear Chairman Goehringer: On behalf of our client, John Kujawski, Jr., we hereby object to the application of Barbara Kujawski for a use variance for property at 125 Sound Avenue in Mattituck. This is an application for a variance to use a single family dwelling located in a residential and agricultural district for a non-conforming use as a real estate branch office. Our client, Mr. Kujawski, is a co-owner of the subject property as evidenced by deed to the property dated December 21, 1976, a certified copy of which is submitted herewith. As a co-owner he objects to the use variance for this property being granted. Since the time of the purchase of this property by the parties, they have been divorced, and pursuant to their judgment of divorce stipulated to certain uses of the property. Pursuant to that judgment Barbara Kujawski was permitted to use the home for her own real estate office, but was not permitted to rent the space out or use it as a branch office for another real estate firm. This is because pursuant to the agreement John Kujawski, Jr. was required to pay property taxes, utilities and maintenance on the building. It is our position that without the consent of both owners of the property, the Board of Appeals does not have juridiction to hear an application for a use variance. Reimer v. Dallas, 129 A. 390 (Sup. Ct. N.J. 1925). Chairman Goehringer February 4, 1982 Page 2 To allow a use variance on this property without the co-owner's consent to the application would be to subject that co-owner to paying the rent and overhead for an outside real estate firm, which was not contemplated by the parties in the judgment by which they were divorced. We therefore, submit to the Board that this application be withdrawn, as being not made by a proper party, and wholly be denied. Sincerely, ~//~ Chr~[~t-6pher Kelley CK/lam HAND DELIVERED SHO~,[ EI'P/IROFU,fENTAL ASSESSh{ENT FO?d4 INSTRUCTIOHS: ~ (o) In order to answer tile questions in ibis short EAF it is assumed that the preparer will use. currently available information concerning the project end the likely impacts of the action. It is not expected that additional studies, research or other investigations ¥1ill be undertoNen. (b) If any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If olt questions hove been answered No it is likely thai this project is not significant. (d) Environmental Assessment ''"" l. Will project result in o large physical change '' to the project site Or physically oiler more , then 10 acres of lend? ................... . Yes. v/No 2. ¥~ill there'be a major change to any unique ;; -unusual land form found on the site?. .. Yes,/NJ w:n project alter or hove a large' ef ggi"oA ' existing body o~ water? ................... Y~s. ~ · , 4. Will project have a potentially large impoc , on grouncJwater quality?... YesTNo 5. Will project signi£icently . . flow on adjacent sites? .................. ;.. ¥ o ' ~. W£11 project affect any threatened or cndongered plant or animal species?... on air quality? ........... ~ ................. ,', ¥ . o 8. ~f±ll project have o mojo~ effect on visual character of the communiiy or scenic views or vistas known to,be important to the community?. ?. %fill project o'dversely impact any site or · structure of historic, prehistoric or paleontological impor±once or any site designated os o critical environmental oreo 10. ¥;ill projecf have o major effect on existihg or future recreational opporlunities? ......... 11. %fill project result in.major traffic problems ' oK ceuse o major e~fect to ex.isling transportation systems? ....................... 12. Will project .regularly cause objeclionable odozs, noise,' glare, vlbrotion, or electrical disturbance es a rosull of the project's opera,ion?.. '. . or.safely? .................................... Will p~oject affect the existing community by ' directly causing o growth in permanent ~ population of more thom 5 percept over o one year period or have o major negative effect on the character o~ the community or neighborhood? ................................. 15. Is there public controversy concerning the proSect? ......... PREPARER'S SIGNATURE REPRESEHTING -Yes Yes /No Yes~ '/No Yes Yes (Today's Date) To: Re: Southold Town Board of Appeals :.lain Road Southo !d, NY 11971 Appeal Application of ~~ Location of Property: \~2~A ~t~ Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Pa~t 661, and Article' 25 of the New York State Environmental Conservation La~, please be advised that the subject property in the within appeal application: (please check one box) [ ] [ ] May be located within 300 feet of tidal wetlands; ho~ever, constructed along the water-lying edge of this property is a bulkhead in very ~ood condition and at least 100 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 in need of (minor) (majer) 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. [ ] not appear to 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 fall within the jurisdiction of the N.Y.C.D.E.C.] Sincerely yours, (S~gnature pSea~ 0~ 40 241 scl. fi. soUND AVENUE NOTE: · -' MONUMENT R~WS~ONS._,~ YOUNG & YOUNG 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK &EDEN W* YOUNG HOWARD W. YOUNG , 'ObtN KUJA~/SKI, dF? ~ BARBAR.4 KUJ~WSKI SUFFOLK CO., N.Y. BY ~ [ T X~Xfo' SEE SEC NO \ \ \