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TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2887 by application Dated September 15, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. William J. Jacobs as agent for Mr. and Mrs. Box 199B, Depot Lane Cutchogue, NY 11935 DATE .11./.2.4./..81 1981 DeMaio Appellant October 15, 1981 at a meeting of the Zoning Board of Appeals on 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 (X) Request for a variance to the Zoning Ordinance Art. III ~ Sec. ( ) 100-31 the appeal 1. Sl~~~~~~~~~~K~X~~tion ( ) be ~anted ( ) be de~ed pursuant to ~ticle .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and ~e decision of the Building I~pector ( ) be reversed ( ) be c~X~a~%X Public Hearing 10/15/81: Application of Dominick and Rose DeMaio, by William J. Jacobs as agent, c/o Box 199B, Depot Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct new dwelling with insufficient front and rear yard areas at Cedar Point Drive West, Southold, NY; bounded north b~ Cedar Point West; west by Giordano; south by West Lake; east by Soverel; County Tax Map Parcel No. 1000-90-1-4. (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 (SEE REVERSE SIDE) practical difficulties or unnecessary (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 district 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. CG: lk FORM ZB4 ZONING BOARD OF APPEALS By this appeal, appellant seeks permission to construct a new one-family dwelling upon premises located at the south side of Cedar Point Drive West, Southold, with a frontyard setback of approximately 30+' and with an insufficient rearyard setback at the dwellings nearest point to ordinary high water mark of 23 feet. The premises in question has frontage along Cedar Point Drive West of 90 feet and an average depth of approxi- mately 140 feet. The premises is located in a Zone V-4, minimum elevation above mean sea level of eight feet, pursuant to the Flood Plain Management Law and FIRM Maps of the Town of Southold, for a new dwelling for which appellant intends to comply with. Appellant has submitted with his applicant Amended Approval from the N.Y.S. Department of Environmental Conservation for the proposed new dwelling with restrictions, to wit, home to be 20 feet behind line of mean high water, et cetera. This restriction has caused practical difficulties for appellant in the placement of the proposed dwelling. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining proper- ties would be created; 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 the zoning code; 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 a variance to the zoning ordinance be allowed as applied for in Appeal No. 2887, application of Dominick and Rose DeMaio, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That this matter be referred to the Suffolk County Planning Commission pursuant to the rules and regulations of the Suffolk County Charter, and 2. That this matter be referred to the Southold Town Planning Board for consideration on the approval of the access road which appears to be within.the boundaries of the filed subdivision of "Cedar Beach Park." Location of Property: Cedar Point Drive West, Southold, NY; bounded north by Cedar Point West; west by Giordano; 'south by West Lake; east by Soverel; County Tax Map Parcel Item No. 1000-90-1-4. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and GrigOnis. This resolution was unanimously adopted. APPROVED AND FILED BY Ti~ oOOi...~,~i.,D TOV~rN CLERK / ~ T~n Clerk, Town of ~thold 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, a Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, October 15, 1981 commencing at 7:15 o'clock p.m. as follows: 7:15 p.m. Application of Carl H. King, 350 King Street, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in the frontyard area at 350 King Street, Orient; bounded north by Navy Street; west by Shaw and Nolan; south by King Street; east by Tyrrell; County Tax Map Parcel Item No. 1000-26-1-27. 7:20 p.m. Application of Pequash Recreation Club, Inc., Box 902, West Road, Cutchogue, NY (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission to construct fence along frontyard area exceeding the maximum height requirements for fences. ~ocation of Property: 205 West Road, Cutchogue; bounded northwest by Morris; southwest by Cutchogue Harbor; northeast by West Road; southeast by Cutchogue- New Suffolk Park District; County Tax Map Parcel Item No. 1000- 110-7-12. 7:30 p.m. Application of Virginia L. Wickham, 105 Old Harbor Road, New Suffolk, NY for a Variance for approval of access, New York Town Law Section 280A. Location of Property: 105 Old Harbor Road, New Suffolk; bounded north by Wickham; east by Cutchogue Harbor; south by Wickham; west by H. Wickham; County Tax Map Parcel Item No. 1000-117-3-1. 7:40 p.m. Application of Toba Laja Orro, 187 Berry Hill Road, Syosset, NY 1~791, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to build new house with insufficient front and rear yard area at 435 Cleaves Point Road (a/k/a 1945 East Gillette Drive), Eas~ Marion, NY; Marion Manor Subdivision, Filed Map No. 2038, Lot No. 83; further Legal Notice - Page 2' Regular Meeting for October 15~ 1981 identified as County Tax Map Parcel Item No. 1000-38-4-27. 7:50 p.m. Application of Toba Laja Orro, 187 Berry Hill Road, Syosset, NY for a Variance to the Flood Damage Prevention Law of the Town of Southold, Section 46-18 for permission to construct basement floor below the minimum base flood elevation requirements at 435 Cleaves Point Road, East Marion, NY; Marion Manor Subdivision, Filed Map No. 2038, Lot No. 83; further iden- tified as County Tax Map Parcel Item No. 1000-38-4-27. Rehearing. 7:55 p.m. /Application of Robert T. Bayley, 55 West 16th Street, New York, NY 10011 (Robert W. Gillispie III as agent), for a Variance for approval of access, New York Town Law Section 280A. Location of Property: Right-of-Way off the east side of South Harbor Road, Southold, NY; bounded north by Stewart and Freund; west by Paul; south by the bay; east by Ballenger; County Tax Map Parcel Item No. 1000-87-1-21. 8:10 p.m. Application of Nina S. Fischer, Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to existing dwelling with an insufficient sideyard setback at 7130 Indian Neck Lane, Peconic; bounded northwest by Cukor; southwest by Hog Neck Bay; northeast and southeast by Prellwitz. County Tax Map Parcel Item No. 1000-86-7-8. 8:20 p.m. Application of Lenore Adamson, 55 Ships Drive, Southold, NY (by Thomas F. Day, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area for division of premises located at North Bayview Road and Ships Drive, Southold, NY; bounded north by North Bayview Road; west by Ships Drive; south by Mullen; east by Reese. County Tax Map Parcel Item No. 1000-79-3-9 & 10. 8:35 p.m. Application of Joseph L. Lizewski, Main Road, Cutchogue, NY (by William H. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permis- Legal Notice - Page3 -Regular Meeting fo~Dctober 15, 1981 Southold Town Board of Appeals and Agricultural Zone with existing dwelling use at 29325 Main Road (a/k/a 320 Depot Lane), Cutchogue; bounded northwest by Fogarty; southwest by Depot Lane; northeast by Dunne; southeast by Main Road. County Tax Map Parcels No. 1000,102-2-12.1 and 11. /~ '8:50 p.m. Application of Dominick and Rose DeMaio, by ~ / William J. Jacobs as agent, c/o Box 199B, Depot Lane, Cutchogue,/ NY for a Variance to the Zoning Ordinance, Article III, Section ~ ~ 100-31 for permission to construct new dwelling with insufficient~ front and rear yard areas at Cedar Point Drive West, Southold, N~; bounded north by Cedar Point West; west by Giordano; south by ~ / West Lake; east by Soverel; County Tax Map Parcel No. 1000- ~/ 9:00 p.m. Application of Nicholas D. Yuelys, 56005 County Road 48, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building (garage) in the frontyard area at 56005 County Road 48, Greenport, NY; bounded north by L.I. Sound; west by Chudan; south by C.R. 48; east by Atway. County Tax Map Parcel Item No. 1000- 44-1-19. 9:15 p.m. Application of Victor L'Eplattenier, Box 361, Peconic, NY (by Rudolph H. Bruer, Esq.) for Variances: (1) for approval of access, New York Town Law Section 280-a and (2) to the Zoning Ordinance, Article III, Section 100-31 for permis- sion to build new dwelling with insufficient front and rear yard setbacks at Lake View Avenue and Dickinson Street, Peconic, NY; bounded by Dickinson Street; west by Lake View Ave.; south by Garrido; east by Garrido; further identified as Subdivision Lots No. 57 and 58, Peconic Shores Subdivision Filed Map 654. County Tax Map Parcel Item No. 1000-67-3-12. 9:25 p.m. Application of Alan A. Cardinale, Bridge Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Sections~100-70 and 100-71, Article VI, Section 100-62, to construct drive-in roof addition and alteration with an insuffi- cient frontyard and further reduction of landscaped area, for Legal Notice - Page 4 Regular Meeting for October 15., 1981 Southold Town Board of Appeals bank use. Location of Property: North side of Main Road, Matti- tuck, NY; bounded west by Factory (Railroad) Avenue; south by Main Road; north and~east by Bethany Cemetery Association County Tax Map Parcel Item No. 1000-142-1-26. 9:30 p.m. Application of Warren E. Hufe, Jr. and Ellen Hufe, Wells Avenue, Southold, NY (by Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to utilize B-1 General Business Zoned premises for manufacturing at 45655 C.R. 48 and Youngs Avenue, Southold, NY; bounded north by Harris and Dickerson; west by Youngs Ave.; south by C.R.'48; east by Edson. County Tax Map Parcel Item No. 1000-55-2-16. 9:35 p.m. Application of Warren E. Hufe, Jr. and Ellen Hufe (for Future Screw, Inc.), North Road, Southold, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B) for permission to utilize the subject premises for Light Industrial Use. Location of Property: 45655 County Road 48 (a/k/a 3750 Youngs Avenue), Southold, NY; bounded north by Harris and Dickerson; west by Youngs Ave.; south by C.R. 48; east by Edson. County Tax Map Parcel Item No. 1000- 55-2-16. 9:35 p.m. Application of Warren E. Hufe, Jr. and Ellen Hufe (for Future Screw, Inc.), North Road, Southold, NY for a Special Exception to the Zoning Ordinance, Article XI, Section 100-118D to use existing two-story house for dwelling use in a B-1 General Business Zone. Location of Property: 45655 County Road 48 (a/k/a 3750 Youngs Avenue), Southold, NY; bounded north by Harris and Dickerson; west by Youngs Ave.; south by C.R. 48; east by Edson. County Tax Map Parcel Item No. 1000-55-2-16. 9:50 p.m. Application of Peter and Pat Lenz, Main Road, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35A for permission to construct gate and fence exceeding maximum height limitations at 38350 Main Road, Peconic; bounded northwest by L.I.R.R.; southwest by Otto Keil Florists; Legal Notice - Page 5 Regular Meeting for October 15, 1981 Southold Town'Board of Appeals northeast by Cichanowicz; southeast by S.R. 25. County Tax Map Parcel Item No. 1000-85-2-17. 9:55 p.m. Application of Stanley J. Fliss, Jr. for Mattituck Air Base, 840 Bray Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permis- sion to construct addition to office building with an insufficient frontyard at 410 Airway Drive, Mattituck; bounded north by Bagshaw, Wickham; west by Peconic Corp.; south by Park Ave.; east by Wickham, Parkin, Tandy, Kujawski. County Tax Map Parcel Item No. 1000-123-1-2. 10:05 p.m. Application of Katherine E~ert for Mattituck Holding Corp., Mattituck, NY (by Norman A. Reilly as agent), for a Variance for approval of access, New York Town Law Section 280A. Location of Property: Right-of-Way off West Mill Road, Mattituck, NY; bounded north by Mill Road and Killian; west by Leogrande and Cox Neck Road; south by Chudiak, McGunnigle, Zeigler, DeMaula and North Drive; east by Mattituck Creek; and near Boscola. County Tax Map Parcel Item No. 1000-106-6-part of 13.3. 10:25 p.m. Recessed hearing of Matthew McKiernan. Dated: October 2, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish once, to wit, Thursday, October 8, 1981 and forward affidavits of publication to L. Kowalski, Secretary, Board of Appeals, Town Hall, Main'Road, Southold, NY 11971. On 10/6/81, Legal Notices mailed to each applicant or his agent listed as follows: Mr. Carl H. King (c/o Judy) Richard F. Lark, Esq. as attorney for Pequash Recreation Club Pequash Recreation Club Virginia L. Wickham Toba Laja Orro Robert T. Bayley and Robert~W. Gillispie III, North Fork Agency Nina S. Fischer Lenore Adamson and Thomas F. Daly, Esq. Joseph L. Lizewski William H. Price, Jr. as attorney for Lizewski Dcminick and ~ose DaMaio and William J. Jacobs as agent ~:-~ D. Yuelys Rudolph H. Bruer, Esq. as attorney for L'Eplattenier Victor L'Eplattenier Alan A. Cardinale Rudolph H. Bruer, Esq. as attorney for Future Screw, Inc. (Hufe) Mr. and Mrs. Warren E. Hufe, Jr. Mr. and Mrs. Peter Lenz Mr. Stanley J. Fliss, Jr. for Mattituck Air Base Katherine Ebert for Mattituck HOlding Corp. Mr. Norman A. Reilly as agent for Mattituck Holding Corp. Mr. Matthew McKiernan Copies of the Legal Notice were forwarded to Suffolk Times and L.I. Traveler on 10/5/81. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · ~ ................ ~_~, ~. ~.r/~,~ PLEASE TAKE NOTICE that your application dated .... ~e..~.~..... f'..1~.. ....... 19P/.. for permit to construct... ~_..~. ~.(/.Z~.~-_-_-_~...5.~....~... :q .... ; ........... ~.2~ '2' '.'~ Location of Property ........... ~r.~7./.~..~..~. · · ~../~57..~..t~.: · ~- .' ........ ...~.o'/.~:: -- House No. Street Ham/er County Tax Map No. 1000 Section . .~..~.<~. ...... Block .. O../. ....... Lot . .O C)..~'.. .... Subdivision ~/"~.~--.~ ~ Filed Map mo...~.~ ............ Lot No...~/~.~ ......... is returned herewith and disapproved on the following grounds../.A4. ~...o.~.~/.6.'(~.~..~. ,a~'7- · .-5~~~...~.~.a:...-~.~.e...~~, ~. Building Inspector RV 1180 O TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF .APPI~ALS, TOWN O_F SO~UT~H__QL._D, ~Y~ 1, (~'e) ..( .~./..?./f...~....~......~.'.. ...... ~ .~..~... (...of ..... ~... ..... ~Street ......... anti'Number ...................... Z..~ .... Name of Appellon~ ........ G.~.~.~.~ ............................................. .~.~.~ .......... / Municipality ~tate THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING It~ISPECT01~ ON WHEREBY THE BUILDING INSPECTOR DENIED TO ............ ..... d .... " IName of Appdcant tar permit ~. ...-...~,..--.~.~ .......... ........~.......,:~ ................. .,. ................. Street and Number Murfrcipality Stot'e ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ~ Street Use District on ZOning Map ( . .~. . . . . .-. . . .9. .~ ...... . .-. . . . !. . . m ......... .~ ~¢. . . . ............ Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph .of the Zon_in~g~L_.Ordinanc_e by number. Do not quote the Ordinance.) 3. 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 Low Chop. 62 Cons. Lows Art. 16,,,Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) been made with respect to this decision of the Building Inspector or with respect to this proper-TT~-y. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance· to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance "~'orm ~,B1 (Continue on other side) REASON FOR APPEAL Continqed 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 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 CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) COUNTY ~ ss % Sworn to this ......................... /~'-'~ ..... day ELIZABETH ANN NEVIllE NOTARY PUBLIC, State of New Yolk No. 52-8125850, Suffolk COL~f~ Texm Expires March 30, I Town Board of Appeal TATE ROAD 25 ~OUTHI3LD, L.I., N.Y. 3]973 TELEPHONE (5~6) 765-180~ APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR.,CHAIRMAN SERGE DOYEN, JR. ROBERTJ. DOUGLA$S GERARD P. GOEHRINGER JOSEPH H. SAWlCKI November 30,1981 Mr. William J. Jacobs Box 199B, Depot Lane Cutchogue, NY 11935 Dear Sir: Attached herewith is a copy of the formal findings and determination of the Board of Appeals recently rendered con- cerning your appeal application. In the event your variance request was allowed, please be sure to return to the Building Department for approval of your Building Permit application or Certificate of Occupancy (as may be applicable) prior to any developments. 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, CHARLES GRIGONIS, JR. CHAIRMAN By: lk Secretary Enclosure P D T LD Southold, N.Y. 11971 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. TELEPHONE 765-1938 Novembe~ 10, 1981 Mr. George Fisher Sr. Building Inspector Southold Town Hall Southold, New York 11971 Dear Mr. Fisher: At a regular meeting of the Southold Town Planning Board, Monday November 9, 1981 the following action was taken: RESOLVED that the applicants Dominick and Rose DeMaio comply with the road inspection report #201 upon which the Building Inspector · could issue a building permit for lot #136. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E g, cretary ' cc: Board of Appeals~'/ William Jacobs, as agent Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 BOUTHOLD, L.I., N.Y. 11~?1 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONI$, JR., CHAIRMAN SERGE DOYEN, .JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER TO- FROM: DATE: SUBJECT: Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Southold Town Board of Appeals October 22, 1981 1927 Subdivision of "Cedar Beach Park," Filed Map No. 90 Dear Henry: Last Thursday the Board of Appeals took the following action concerning the appeal application of Dominick and Rose DeMaio involving premises known as Subdivision Lot No. 136 of "Cedar "Filed Map No. 90- Beach Park, . RESOLVED, to grant a variance to the zoning ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient front and rear yard areas as applied for and SUBJECT TO THE FOLLOWING CONDITION: That this matter be referred to the Southold Town Planning Board for consideration on the approval of the access road which appears to be within the boundaries of the filed subdivision of "Cedar Beach Park. This resolution was unanimously approved. Upon inspection of the property the Board of Appeals found the access road to be unsuitable and unsafe for emergency vehicle accessibility. The Board would be happy to discuss this matter with°you if you desire. Yours very truly, CHARLES GRIGONIS, JR. CHAIRMAN CG:lk cc: Mr. William Jacobs, as agent COUNTY OF SUFFOLP STATE OF NEW yoRK,ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o public newspaper printed atSouthold, irt Suffolk County; and that the noti.ce' of which the annexed is a printed copy, has been published Jn said Long Island Traveler-Watch- man once each week for ........ ~ ...... ~ ....................... weeks successively, commencing on the <~ doy~-';'~.~ .... ~ ..... ' ....... ' ............. :, 19.-.~..~'- f,~ ................... ~x~,efore me thi, ......... ....~.....~......',-~.. ..... day of .... , EDITH A. GUY NOTAry PUBLIC,- Slate ef New y~ No. 52-4~02497 Q',.,;lified in Sufl~olk Counly __ _ Commission Expires March 3'0. 1~,315:>~ ~.'-:---'~ .. · . .' ": ~.~ a Variance to the Zoning "'~" ~, pursuit to Se~ion 267 of - 1~ mt pemsmon to mn- the Town Law and the Provi- struct professional office sions of the Amended Code of the Town of Southold, a' regular meeting and the fol- lowing Public Hearings will be held by the Southold Town, Board of Appeals at the Southold Tow Hall, Main Road, Southold, N.Y. on Thursday, October 15, 1981 commencing at 7:15 o'clock P.M. as fOllows: 7:15 p.m. Application of Carl H. King, 350 King Street, Orient, N.Y. for a Variance to building in an A-Residential and Agricultural Zone with existing dwelling use at 29325 Main Road (a/k/a 320 Depot Lane), Cutchogue; bounded northwest by Fogarty; south- west by Depot Lane; northeast by Dunne; southeast by Main Road. County Tax Map Parcels Nc. 1000-102-2-12..1 and 11. .~;50 p.m. Agolication of Dominick and Rose DeMalo,.. 'by William J. Jacobs as agent, ,c/o Box 199B, Depot Lane, Cutchogu% NY for a Variance at 350 King' Street',VOiienf','- bounded north by Navy Street; west 'by Shaw and Nolan; south by King Street~ east by -Tyrrell; County Tax Parcel 7:20 p.m. Application of Pequash Recreation Club, Inc., Box 902, West Road, Cutchogue, N.Y, (by Richard F. Lark, Esq.) for aVariance to the Zoning Ordinance, Article m, Section 100-35 for pennis- sion to construct fence along frontyard area exceeding the maximum height require- ments for fences. Location of Property: 205 West Road, Cutchogue; bounded north- west by Morris; southwest 'by Cutchogue Harbor; northeast by West Road; southest by' Cutchogue-New Suffolk Park District; County Tax Map. Parcel Rem No. 1000-110-7-12;. 7:30 p.m. Application of Virginia L. Wickham, 105 Old Harbor Road, New Suffolk, N.Y. for a Variance for ap- proval of access, New York Tox~-a Law Section 280A~ Loca- tion of Property: 105 Old Harbor Road, New Suffolk;~. bounded north by Wickham;- east by Cutchogue. Harbor;(- south by Wickham; west by H. Wickham; County Tax Map Parcel Item No. 1000-117-3-L 7:40 p.m. Application of 'Tobe Laja.Orr0, 187 Berry Hill Road, Syosset, N.Y. 11791, for' a Variance to the Zoning .. Ordinance, Article 111, Section 100-31 for permission to build new house with Insufficient front knd rear yard area at 435 Cleaves Point Road (a/k/a 1945 East Gillette Drive), East' Marion, N.Y.; Marion Manor Subdivision, Filed Map No. 2038, Lot; No. 83; further identified as County Tax Map Parcel Irem No. 1000-38-4-27. 7:50 p.m; Application of Toba Laja Otto, 187 Berry Hill . Road, Syosset, N.Y., for a - Variance io the Flood Damage Prevention Law of the town of Southold, Section 46-18 for permission to construct base- ' ment floor below the minimum base flood elevation require- 'ments at 435 Cleaves Point Road, East Marion, N.Y.; Marion Manor Subdivision; Filed Map No. 2038, Lot No. 83; further identified as Coun- ty Tax Map Parcel Item No. the Zoning Ordinance, Aticle Ill Section 100 32 fo ennis ,to the Zoning Ordinance, , . -.. )~r~ . -' -. Article li1t Section 100-.~1 tot sion to":donstruct~, accessory~ ~ ;~,. , ....... building'in the Yro-ntyarc~:'area".'~ ...... oermlsslon to construct new . dwellin$ with insufficient front and rear yard areas at cedar Point Drive West, Southold; NiY.; bounded north by Cedar Point West; west b'y Giordano; south by West Lake; east by Soverel; County Tax Map. Parcel No. 1000-90-1-4. 9:00 p.m. Application of Nicholas D. Yuelys, 56005 County Road 48, Greenport, N.Y. for a Variance to the Zoning Ordinance, Article m, Section 100~32 for permission to construct accessory building (garage) in the frontyard area at 56005 County Road 48, Greenport, N.Y.; bounded north by L.I. Sound; west by Chudan; south by C.R. 48; east by Atway. County Tax Map Parcel Item No. 1000-44- 1-19 ...... .9:15 p.m. Application of Victor L'Eplattenier, Box 361, Peconic, N.Y. (by Rudolph H. Bruer, Esq.) for Variances: (1) for approval of access, New York Town Law Section 280-a and (2) to the Zoning Ordin- ance, Article IH, Section 100- 31 for permission to build new dwelling with insufficient f~ont and rear yard setbacks at Lake View Avenue and Dickinson. .Street, Peconic, N.Y.; bound- ed by Dickinson Street; west by Lake View Avenue; south by Garrido; east by Garrido; further identified as Subdivi- sion Lots No. 57 and 58, Peconic Shores Subdivision Filed Map. 654. County Tax Map Parcel Item No; 1000-67- 3-12.- 9:25 p.m. Application of Alan A. Cardinale, Bridge Lane, Cutchogue, N.Y. for a Variance to the Zoning Or- dinance, Article VII, Sections 100-70 and 100,71, Article VI, Section 100-62, to construct driveain roof addition'and alteration with an insufficient frontyard and further reduc- ton of landscaped area, for bank use. Location of Proper- ty: North side of Main Road, Mattituck, N.Y.; bounded west by Factory (Railroad) Avenue;) south by Main Road; north and east by Bethany Cemetery Association. County Tax Map Parcel Item No. 1000-142.1.26. 9:30 p.m. Application of Warren E. HUfe, Jr. and Ellen Hufe, Wells Avenue, South- 1000-38-4-27 -- old, N.Y. (by Rudolph H. ..... [i :.' 7'55 ,~ m' Reheaiin~':-A,~' Bruer, Esq.) for a Variance to . j .- . ·. .rI _'.. -_ . - ~... r · the Zoning Ordinance, Article I piication ot Ko,err i, ayley,: ..... ~ .... _ . -i: == w...~ ~- ' Street' ~ew vu, ~ecuon tuv- ~v mr pennis-. . .,.,. ..~,: .,,,,, . ~.~p..." ,..,, ::~.,;:', ..... : ~ . . Road, Peconic, N.Y. for Variance to the~711~ing Ordinii~ ance, Article ction 100- ~t .... '..~.:- = ~ ~ -</~:~ .: ..~ 35A for ~lsston to ~n- ~ . . ~ru~ gate and fence ex,ed- ) lng maximum height limita- tions at 38350 Main Road, Peconic; bounded northwest by L.I.R.R.; southwest by Otto Keil Florists; northeast by Cichanowicz; southeast by S.R. 25. County Tax Map Parcel Item No. 1000-85-2-17. 9:55 p.m. Application of Stanley J. Fliss, Jr., for Mattituck Air Base, 840 Bray Avenue, Mattituck, N.Y. for a Variance to the Zoning Ordin- ance, Article VIII, Section 100-80 for permission to con- struct addition to office build-t~ in~ with an insufficient- front!'' yard at 410 Airway Drive, Mattituck; bounded north by Bagshaw, Wickham; west by Peconic Corp.; south by Park Avenue; east by Wick_ham, Parkin, Tandy, Kujawski. County Tax Map Parcel Item No. 1000-123-1-2. 10:05 p.m. Application of Katherine Ebert for Mattituck Holding Corp., Mattituck, N.Y. (by Norman A. Reilly as agent), for a Variance for approval of access, New York Town Law Section 280A. Loca- tion of Property: Right-of- Way off West Mill Road, Mattituck, N.Y.;' bounded north by Mill Road and Killian; west by Leogrande an6 Cox Neck Road; south by Chudiak, McGunnigle, Zeigler DeMaula and North Drive; east by Mattituck Creek; and near Boscola. County Tax Map Parcel Item No. 1000-106-6- part of 13.3. 10:25 p.m. Recessed hear- COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: .... ?.~.o.~r..G.I~..s.~.~.~.~.o..~1 ................. being duly Sworn, says that ... he.. is Printer and Publisher of ~he SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county~ and that the n'otic~, of which the mmexed is u printed copy, has been published in t'he ~aid Suffolk Week~ Times once in each week, for ....o.n.e. ..................... weeks successively commencing on t~e .... 8..~.~. .................. day of ....0.~..~'ber. .... ~ ... Sworn to before .14....~I I clay of .0.¢~D.]3~. ......... 19. ~1, ................. HELEN ~. DE V0E NOTARY PUBLIC, State of New York No. 4707878, Suffolk Coun!~ Term Expires ,",,~3mh 30, ?~ ~. Legals 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, a Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals at the South- old Town Hall, Main Road, Southold, NY on Thursday, October 15, 1981 commencing at 7:15 o'clOCk p.m. as follows: 7:15 p.m. Application of Carl H. King, 350 King Street, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for petrols- ..... sion to construct accessory,,. building in the frontyard area at 350 King Street, Orient; bounded north by Navy Street; weSt by Shaw and Nolan; south by King Street; east by Tyrrell; County Tax Map Par-' ceI Item No. 1000-26-1:27. 7:20 p.m. Application of Pequash .Recreation Club, Inc., Box 902, WeSt Road, Cut- chogue, NY (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permis- sion to construct fence along . frontyard area exceeding the maximum height require- ments for fenceS. LOCation of Property: 205 West-Road, Cut- chogue; bounded northwest Morris; southwest by Cut- chogue Harbor; northeast by West Read; southeast by Cut- chogue-New Suffolk Park Dis- trict; County Tax Map Parcel- Item No. 1000-110-7-12. '. 7:30 p.m. Application of Virginia L. Wickham, 105 Old Harbor Road, New' Suffolk?~'~ NY fOr a Variance for ap,. prova{ of access, New' York Town Law Section 280A. Leca- tion of Property:. 105 Old Harbor Road, New Suffolk; bounded north by Wickham; east by Cutchogue Harbor; south by Wickham; west by H. Wickham; County Tax Map Parcel Item No. 1000-117-3-1. 7:40 p.m. Application o~' Toba Laja Orro, 187 Berry Hill Road, Syesset, NY 11791, for a Variance to the Zoning Ordi,'., · nance, Article III, Section 100-' 31 for permission to bu/ld new' house with insufficient front and rear yard-area at 435 Cleaves Point Road (a/k/a 1945 East Gillette Drive), East Marion, NY; Marion Manor Subdivision, Filed Map No. 2038, Lot No. 83; further Jden- tiffed as County Tax Map Parcel Item No. 1000-38-4-27. 7:50 p.m. Application of Toba Laja Orro, 187 Berry Hill Road, Syosset, NY for a Var- nce to the Flood Damage revention Law of the Town of Southold, Section 46-18 for per>~ mission to construct basement floor below the minimum base flood elevation requirements at 435 CleaveS Point Road, 8:35 p.m. ApplicaUon of Joseph L. Lizewski, Main Road, Cutchogue, NY (by Wil- I/am H. Price, Jr., Esq.). for a Variance to the Zoning Ordi:/ nance, Article III, Section 100. 30 for permission to construct professional office building in an A-Residential and Agricul- rural Zone with existing dwel-- ling use at 29325 Main Road (a/k/a 320 Depot Lane), Cut-- chogue; bounded northwest by Fogarty; southwest by Depot __ Lane; northeast by Dunne; southeast by Main Road. County Tax Map Parcels No. ~ East Marion, NY; Marion 1000-102-2-12.1 and 11. Manor Subdivision, Filed Map .~ 8:50 p.m. Application of, No. 2038, Lot No. 83; further i~, Dominick and Rose identified as County Tax Map ~ by William J. Jacobs as agen~' Parcel Item No. 1000-38-4-27. ~- c/o Box 198B~ Depot Lane, 7:55 p.m. Rehearing. Appli- ' ~,. Cutcho~ue, NY iora var~anc cation of Robert T.' Bayley, 55 ~? to the Zomng OrdinAnce. Art- West 16th Street, New York, ' .,~: /cie III, Section 100-31' NY 10511 (Robert W. GJllJspie '~* permission to construct new~ III as agent), for a Variance '~ dwelling with insufficient front for approval of access, New' "~ ~ "and rear yard areas at Cecla~ York Town Law Section 280A. ¥ 'i~oint Drive West, Location of Property: Right- ~ .~ NY; bounded north by CedM of-Way off the east side of .i~..'_PoJnt WeSt; west by 'GJo-r~' South Harbor Road, Southold, ~' no; south by West Lake; easI NY; bounded north by Stewar~- .~!!! by ~overel:-countv Tax~ Man and Freund; weSt by Paul; ~. Parcel No. 1000-90-1-4., - south by the bay; east by ~ 9:00 p.m. Application of Ballenger; County Tax Map ~ Nicholas D. Yuelys, · 56005 Parcel Item No. 1000-87-1-21. ~,~ County Road 48, Greenport, 8:10 p.m. Application of '~i~ NY for a Variance to the Nina S. Fischer, Indian Neck. i~- Zoning Ordinance, Article III, Lane, Peconic, NY for a Var- '~. Section 100-32 for permission lance to the Zoning Ordinance, '~ to construct accessory build- Article III, Section 100-31 for .~ ~' ing (garage) in the frontyard area at 50005 County Road Greenport, NY; bounded north by L.I. Sound; west by Chu-/ dan; south by C.R. 48; east by permission to construct addi- tion to ex/sting dwelling with an insufficient sideyard set- back at 7130 Indian Neck · Lane, PeconiC; bounded north- west by Cukor; southwest by Hog Neck Bay; northeast and southeast by prellwitz: ( Tax Map Parcel Item No. 1000-4~-7-8. 8:20 p.m. Application of/ Lenore Adamson, 55 Ships Drive, Southold, NY (by Thomas F. Day, Esq.) for a Variance to the Zordng Ord/; nance, Article III, Section 100. 31 for approval of insufficient area for division of premises located at North Bayview Road and Ships Drive, South- old, NY; bounded north by North Bayview Road; west by Ships Drive; south by Mullen~ east by Reese. County Tax Map Parcel Item No. 1000-79-~ Atway. County Tax Map Par- cel Item No. 1000.44-1-19. 9:15 p.m. Application-~ of Peconic, NY (by Rudolph H. Bruer, Esq.) for Variances: (1) for approval of access, New York Town Law Section 280-a and (2) to the Zoning Ordinance, Article III, Section 100-31 for permission to build new dwelling with insufficient and rear yard setbacks at Lake View Avenue and Dickinson Street, Peconi/:, _ NY; bounded by Dickinson Street; weSt by Lake. View'~ Ave.; south by Garrido; east by Garrido; further.identified/' as Subdivision Lots No. 57 and 58, Peconic Shores Subdivision duly Sworn. · ~e SUFFOLK .~nport, in said ~d is a printed ~Veekly Times ....... weeks © 0 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2,5 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, .IR. NOTICE OF DECLARATION TER,q'; TUTH:LL ROBERT J. DOUGLASS PURSUANT TO GERARD P. GOEHRINGER Joseph H. Sawicki N.Y.S. ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2887 Application of: Dominick DeMaio (for Peter Rosicki) Location of Property in Question: S/s Cedar Point Drive West, Southold. County Tax Map Item No. 1000- 90-1-4. Project Proposed by Appeal Application: front and rear yard setbacks. New dwelling with insufficient 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. A N.Y.S. Department of Environmental Conservation Tidal Wetlands Permit #TW 15276-0264 has been issued for the construc- tion of a new dwelling to be 20' behind line of mean highwater. This declaration should not be considered a determination made for any other agency which may also be involved nor for any other project not covered by the subject appeal application. Dated: October 2, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS K JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 September 15~ 1981 TO' Southold Town Zoning Board of Appeals From' Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2887 application of Dominic De Maio by William J. Jacobs for a variance. Also included is notice to 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 of the property. ~.~~. ~ 'Judith T. Terry ~ JTT/bn Town Clerk I,,STR,JCT IOH$: 0 ------~) In order to answer ~he questions in ~his shor~ EAF j.~ is assumed that ~he preparer ~'~ill use currently available information concerning the projec% and ~l]e likely impoc'Ls at the ac[ion. ~ is no~ expected additional 5~udics, research or o~her investigations will be umder~aken. (b) If any question has been ons~ered Yes {he projec¢ ma~ be significant and o comi)lcte(] Environmental Assessmen% Form is necessary. (c) If all questions have been answered [~o i~ is lil(ely %ha¢ Chis projec~ is no[ significant. (d) 5nvironmtnlal /~ssc.ssmcn~ ' ' ' ~. %'~i~ project resUi~t--in o large physical change . -/ '' ~o thc project site' or physicoll~ al~er more ~hon 10 acres of lanc~? ........................ Yes o 2. %'/ill there bca major change ~o any unique or ' '/0~ -u,~usuol land fan-in found on the si~e? .......... Yes 3. %'/ill projc~t alter or here a large ef~ec~ on ' - S'~ ~ exis{ing body of wa[er? ....................... YD on g~ouncl~,/atcr quo}~t) ........................ o 5. %'/ill project significantly effect drainage .=: Yes:V'SvN flow on adjacent sites? .............. ~ ...... , o ~'lill project o[~ect on7 threotened or cndansercd plon[ or animal species? ............ Yes o 7. Will project result in o major adverse effes~--ye-~ 8. %'/ill project hove o major effect on visual character of ~he cor.~muni'[~ or scenic views or v~s'Los known to-be important ~o the communiCy?: 'Yesv ~. %'/ill projec~ odverscl)' impact any siic or .. 5~ruciure of historic, prehistoric or palconio!ogicol importance or any site ' designated os a critical environmental area 10. %'/ill project have a major elf cat on exis~ihg ' Yes or future recreational apl)or'unities? ......... .. ~_ 11. %'/ill project result in .~ojor ~ro[fi'c problems aA cou~c o major cf fcc% ~o existing %ron,%porta[ion systems? ....................... Ye No 12. %'/ill project .regularly cause objectionable odors, noise, glare, vibra%ion, or electrical -/ disturbance os o result of {he project's operbtion? ..................................... Yes No 13. %'/ill projcc~ [,ave on)' i~poc~ on public health .... or.soFtly? .................................... Yes~ 14. %'1ill l)~oject a[fcc% ~he existing community by directly causing o growth in permoncn% population of more %hen 5 perce{]~ over o one year period or have o major negative ef[cc~ / on the cJ]oroc~er at %he communi%y or neighborhood? ................................. Yes 15. Is there public controversy concerning ~he - project? .......... ~csVNo (Today' s Date) To: Re: Sout!:old Town Board of Appeals Main Road Southo!d, NY 11971 APPeal Application of _~ ~/~ L~ation. of P~dperty: ~.~..~_ Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 ;,:YCRR, Par, t 661,. and Article" 25 of the New York. State Environmental Conservation Law, 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; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* b~ay 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) (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. ~)~(~ ~;¢~ ~,x:lC~. ' [ ] 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.] (Signature p~/~a~ , I Bldg. 40, SIE~- Boom 219 Stony Brook, l~aw York 11794 (516) 751-7990 ~siener January 29, 1981 John W. Wolf Kagan T. Wolf P. O. Box 113 325 Nesconset Highway Hauppauge, N. Y. 11787 P~: TW 15276,02.64 -Rosicki-Permit to construct house, no fill, grading, or excavating %Dear Sir: included. Your recent request to ext6nd ~ above permit bras been reviewed pursuant to 6 I~R Part 661. It has been determined that the pertinent nature of man made conditions ~ich exist at and adjacent to site at ~le t/me that such permit was issued have not substantially d%anged and the site is still suitable for pezTait~ activities o ~refore, ~he e~oiration date is extendsd to 3/31/82 · This letter is 'an amsndment to the original .permit, and ~s ~uch, ~lould be attached ~hereto. All of the conditions still zum~tn as originally written in 'the permit. *** c. c. 1-Fil e DANIEL J. IAPJ~/~, P.E' Amendment may be made if aPPlication is'submitted for minor If substantial a new required. changes are requested changes. application would be PERMIT "S"iGN No,, TW 15276-0264 has been issued to:, Peter Rosicki address: 70 Miller Road, Hicksville, New York 11801 for' Construction of a one-family dwelling on parcel south side Cedar Point Drive West, north of West Lake, known · as lot' 136t Map of Cedar Beach Park~ Southold~ Suffolk County, Home is to be 20' behind line of mean high water. under the Environmental Conservation Law, Article 15, {Protection of Water} Article 24,. {Freshwater Wetlands} Article 25, {Tidal Wetlands} Article 36, {Construction in Flood Hazard Areas} ~ New York State Department of Environmental Conservation Permit Administrator 9/7/78 Date Issued 95.20-1 (9/75) Formerly EA.93 Expiration Date NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PERMIT TW 15276-0264 A ~ ARTICLE 15, (Prolection of Water) ~ ARTICLE 25, (Tida. I Wetlands) ARTICLE 24, (Freshwaler Wetlands) ARTICLE 36, (Construction in-Flood Hazard Areas). -~ ' . . ' ..... PERMIT ISSUED TO ADDRESS OF PERMII'IEE '' LOCATION OF PROJECT (s~cti6n'of stream0 tidal wetland, dam, building) OESCRIPTION OF pROJECT C~_nstru~_a ope-fa~!y dw'~11't--ng on parcel_ south side Cedar Po~_nt Drive West, nerth ~ ~,~nown am lnt lq6; Mm? O~: ~.ed~r Reach Park, $outho!d, Suffolk Ce"_-_ty. Home is to be 20' behind line of mean high water. CC~MUNITY NAME (Cily,~.Town, Village) I TOWN Southold I Southold COUNTY [FIA COMMUNIIY NO. J DAM NO. Suffolk · GENERAL CONDITIONS PERMIT EXPIRATION DATE· 12/31/79 1. The permillee shall file in Ihe office of the appropriate Regional ermil Adminislralor, a nolice of intention lo commence work at least 48 ours in advance of the time of commencement and shall also notify him roml~lly in wriliflg Of Ihe complelion of the work. 2. The permilled work shall be subjecl Io inspection by an authorized .presenlalive of Ihe Deparlmenl of Environmenlal Conse/vation who may rder the work suspended if lhe public interest so requires. 3. As a coodilion of Ihe issuance of Ihis permit, lhe applicant has ac* epled expressly, by Ihe execulion of the application, the full legal respon* ibilily lot all damages, direct or iodirecl, of whatever nalure, and by whom- ver suffered, arising oul of Ihe projecl described herein and has agreed to ~demnify and save harmless the Stale from suits, actions, damages and osls of every name and descriplion resulling lrom the said project. 4. Any material dredged in Ihe proseculion of the work herein permitted hall be removed evenly, wilhoul leaving large refuse piles, ridges across lhe · ed of the waterway or flood plain or deep holes that may have a tendency to ause injury Io navigable channels or to the banks of the waterway. 5. Any material lo be deposited or dumped under this permit, either in -m walerway or on shore above high-water mark, g"hall be deposited or dumped ~ Ihe Iocalily shown on the drawing hereto allached, and, if so Ixescribed ~ereon, within or behind a goodly'nd substantial bulkhead or bulkheads, such s will prevenl escape of Ihe maleri,il into Ihe waterway. 6. There shall be no unreasonable interference with navigation by the ..ork herein aulhorized. 7. That if future operations by the State of New York require an alteration ~ the position of lhe slructure or work herein authorized, or if, in the opinion i the Department of Environmental Conservation it shall cause unreasonable bslruclion to the tree navigalion of said waters or flood flows or. endanger ~e health, safety or welfare of the people of the State, or loss or destruction f lbe nalural resources of Ihe State, the owner may be ordered by the Depart- ,ent Io remove or aller Ihe structural work, obstructions, or hazards caused · ~ereby wilhoui expense lo the State; a'nd if, upon the expiration or revocation f this permil, the slruclure~ fill, excavation, or other modification of the alercourse hereby aulhorized shall not be. completed, the owners shall, ..ithout expense Io lhe Slate, and Io such exlent and in such lime and manner s Ibe Department of Environmental Conservation may require, remove all or ny portion of Ihe uncompleted structure or fill and restore to its former ondition the navigable and Ilood capacity of the watercourse. No claim shall e made against the State of New York on account Of any such removal or Iteration. 8. That the State of New York shall in no case be liable for any dar~'age or injury to the structure or work herein authorized which may be caused by or result from future.operations undertaken by the State for t. he conservation or improvement of nav!gation, or for other purposes, and no claim-or right to compensation shall accrue from any such damage. 9. That if the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signal.s as may be pre- scribed by the United States Coast Gua~'d shall be installed and maintained' by and at the expense of the owper. 10. All work carried out uqder this permit shall be performed in accor- dance with established engineering ~ractice and in a workmanlike manner. 11. If granted under Articles 24 or 25, the Dep'aiiment reserves the right to reconsider this approval at any time and after due notice and hearing to. continue, rescind or modify this permit in such a manner as may be found to be just and equitable. If upon the expiration or revocation of this permit, the modification of the wetland hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 12. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others to perform the permitted work or as authorizing the impairment of any rights~ title or interest in real or personal property held or vested in a person not a party lo the permit. ! 13. The permittee is responsible for obtaining any other permits, ap- provals, lands, easements and rights-of-way which may be required for this project. 14. If granted under Article 36, this permit is granted solely on the basis of the requirements of Article 3,6 of the Environmental Conservation Law and Part 500 of 6 NYCRR (Construction in Flood Plain Areas having Special Flood Hazards - Building Permits) and in no way signifies that the project will be free from flooding. 15. By acceptance of this permit the permittee agrees that the permit is contingent upon strict compliance with the special conditions on the reverse side. - (SEE REVERSE SIDE) . . . -- · ...... . ' . ~ . 16. Home is to be a minimum of 20' behind line of mean high water. 17. Cesspools must be placed at least 100' from line, of mean high water in northeast corner of lot. 18. 19. There is to be no alteration to shoreline without prior approval. Applicant shall be liable for any damage.t0 adjacent waterwa~'"resulting from any phase of the permitted construction. PERMIT ISSUE DATE 9/?/?8 IP£RMIT AD~INISTRATOP. Daniel J. Larkin Stony Brook, NY 11794 / STATE DEPARTM[NT OF ENVIRONMENTAL CONsEOIoN ~ I. PERMIT PERMIT NO. 15276-0264"A" "" ' '. ". " ' . . ~- J J ARTICLE 24, (Freshwater Wetlands) oL..J ARTICLE 36, (Construction in Flood Hazard Areas) PERMIT ISSUED TO PETER ROSICKI BY DOMINICK De MAIO ADDRESS OF PERMII-rEE ~ '- "-" "' '- ' :' ~:.:' ' "' 205 Auburn t., E~st'Williston, N.' Y. i1596 . ,.. "' LOCATION OF PROJECT (Section of stream, tidal wetland, dam, building) North o£ West T,ake o££ Hog Neck Bay, south side Cedar Point Dr±ye DESCRIPTION OF PROJECT Construct sanitary system a minimum of 60' landward of mean high water on Lot 136, Map of Cedam Beach COMMUNITY NAME (City, Town, Village) J TOWN Southo'l d J i GENERAL CONDITIONS 1. The permittee shall file in the office of the appropriate Regional Permit Administrator, a notice of intention to commence work at least 48 hours in advance of the time of commencement and shall also notify him promptly in writing of the completion of the work. 2. The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation who may order the work suspended if the public interest so requires. 3. As a condition of the issuance of this permit, the applicant has ac- cepted expressly, by the execution of the application, the full legal respon- sibility for all damages, direct or indirect, of whatever nature, and by whom- ever suffered, arising out of the project described herein and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from the said project. 4. Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of the waterway or flood plain or deep holes that may have a tendency to cause injury to navigable channels or to the banks of the waterway. 5. Any material to be deposited or dumped under this permit, either in the waterway or on shore above high-water mark, shall be deposited or dumped at the locality shown on the drawi6g hereto attached, and, if so ~'escribed thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. 7: That if future opergtions by the S~ate of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood fl0w~ or endanger · the health, safety or welfare of the people of the State, or loss or' destruction Of the natural resources of the State, the owner may be ordered by the Depart- ment to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State'; and if, upon the expiration or revocation of this permit, the'structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners shall,. without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion ~f the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 95.20-4 (9/75) ~ ' : 8. That the State of New York shall in no case be liable for~any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 9. That if the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be pre- scribed by the United States Coast Guard shall be installed and maintained by and at the expense of the owner. 10. All work carried out under this permit shall be performed in accor- dance with established engineering practice and in a workmanlike manner. 11. If granted under Articles 24 or 25, the Department reserves the right to reconsider this approval at any time and after due notice and hearing to continue, rescind or modify this permit in.such a manner as may be found to be just and equitable. If upon the expiration or revocation of this permit, the .. modification of the wetland hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 12. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others to perform the permitted work or as.authorizing the impairment of any rights, title or interest .in real or personal property held or vested in a~person not a party to the permit..'. "~. * ~ . . 13. The p~rmittee is responsible for obtaining any other permits, ap- provals, lands, easements and rights-of-way which .may'be required for this project. 14. If granted under Article 36, this permit is' granted solely on the basis of the requirements of Article 36 of the Environmental Conservation Law and Part 500 of 6 NYCRR (Construction in Flood Plain Areas having Special Flood Hazards - Building Permits) and in no way signifies that the project will be free from flooding. 15. By acceptance of this permit the permittee agrees that the permit is contingent upon strict compliance with the special conditions on the reverse side. :(sEE'REVERSE SIDE) SPECIAL CONDITIONS · 16. No fill is to be placed on this property without additional appli- cation and plans submitted to NYS DEC and additional approval issued prior to commencement of such work. Such plans would need to include a stabilization plan. . . Application to amend this Permit will be considered, but note Condition F on attached sheet. ~ -~ · DJL:cg c.c. LAW ENFORCEMENT U.S.'Army Corps of Engineers File Attachment PERMIT I,,SSUE pATE '7/21/81 NeY. The following conditions apply to all permits: A. If any of the permit conditions are unclear, the permittee shall cc~act the Division of Regulatory Affairs at the address and telephone noted ~lcw. B. A copy of this permit shall be available at the project site whenew~r author- ized work is in progress. C. Thm permit sign enclosed with this permit shall be protected from ~he weather a:~J poste~ in a conspicious location at the work site ~.,.til cc,~pl~tion of authorized work. D. At least 48 hours prior to commencement of the project, the permittee shall complete ~d return the ~op portion of the e=closed receipt form certifying that he is fully ~ware cf and umderstands all provisions and conditions of this ~rmit. Within one-week of completiom of the permitted work the bottom portiom of that form shall also be completed and returned.. E. For projects involving activities to be accomplished o~'er a period of more than one year the ge.~.-mi~gee shall notify the Regional Permit Administrator in ~*lting'at least 4$"ho~rs prior to the commencement or resumption of work each~ year. If project design modifications take place after permit issuance, the permittee shall submit the app~opriat~ plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substanti~! modification may require submission of a new applica- tion for permit. Go Ail necessary precautions shall be taken to preclude contamination of any wet- lands or wate~.~ay by susfended solids, sediment~ fuels, solvents, lubricants, epoxy coatings, p~ints, concrete, leachate or any otf~er environmentally dele- terious materials associated with the p=oject work. H. Any failure to comply precisely with all of the terms and conditioms of this permit, unless authorized in writing, shall be treated as a violatio~ of the Environmental Conservation Law. I. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, New York District, 26 Fed- eral Plaza, ~ew York, Mew York 10007, (Attention: Regulatory Functions Branch), prior to commencing work authorizcd herein. J. The ~ranting of this permit does not relieve the permittee of the responsibi- lity of obtaining a grant~ easement~ or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Em- pire State Plaza, Albany, New York 12242, which may be required for any encroach- ment upon State-owned lands under water. Regional Permit Administrator NYS Department of Environmental Conservation Building 40, SUNY - Room 219 Stony Brook, New York 11794 516-751-7900 PERMIT SIGN NO · TW 15276-0264"A" has been issued to: pETER ROSICKI BY DOlV[INIGK De lV',J~I(3 address: ~o~ ~~ ~., ~,~ ~~o~, ~. ~. ~ O for: Construct sanitary system a minimum of 60' landward of mean high water on Lot 136, Map oi Cedar Beach. under the Environmental Conservation Law, Article 15, {Protection of Water} Article 24, {Freshwater Wetlands} Article 25, {Tidal Wetlands} New York State Department of Environmental Conservation Article 36, {Construction in Flood Hazard Areas} DANIEL J. LA ~ Permit 'A-d"minJstr~( July 21, 1981 Date Issued '-20-1 (9/75) '~rly E^-93 June 30, 1982 Expiration Date 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 ~0 ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That_it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~ (Special Exception) (Special Permit) (the following relief: 2. That the property which is the subject of the Petition is located adjacent to your property a-nd is des- cribed 3. That the property which is the subject of s/~ PetitLem is located in the f~llowing zoning district: 4.~That by__such Petition,~ ~th'e undersigned~ ~-~g~-~will request the fol~w (.,d)/f,~ i n~~,.~ .~ ~- 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under, signed are Article ~ Section f'O 0 -. ~/ :. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Sou~hold, 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 apd be heard at such hearing. Dated: , ~?/'y~'' Petitioner ~/' /t~/ Po,~t Office Address NAMI~ PROOF OF MAILING OF NOTICF ATTAQH CERTIFIED MAIL RECEIPTS ADDRESS 9£6I 'Jd¥ 'OOg£ tuJoA Sd STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: U-) 'f f [ ~cl /14 ~, , being duly sworn, deposes and says that on th~ )5 day of ~.~.~" . . ,~ 19 '~ , ~ dePonent mailed a true copy of the Notice set forth 0n the re- verse side, hereof, directed to each of the above-named persons at the addresses set opposite thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current ass~sment roil of the Town of Southold; that said Notices were mailed at the United States Post Of- fS) (registered) mai!. ;that said Notices were mailed to each of said persons by Swan to before me this day of , ~e~. _ 19 ~ ] ' ~Y P~LIC, ~ate .f New ., No. 52-812~, Suffolk C~ T~ ~i~ Ma~ 30, 1 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: _~Variance from the Zoning Code, Article III, Section 100-31 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 2887 Applicant: Dominick & Rose DeMaio Location of Affected Land: s/s Cedar Point Drive Wests Southold County Tax Map Item No.: 1000- 90-1-4 Within 500 feet of: Town or Village Boundary Line w Body of Water (Bay, Sound or Estuary) West Lake State or County Road, Parkway, Highway, Thruway 'Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to constrict n~w dw~]~ng with insufficient front & rear yard areas. Public hearin~ held and aPPliCant granted a variance s~bje~t to Southold Town P~nni~g Roard~ referral and Suffolk Col~nty Pl~n~n~ Commission referral,.. - Copies of Town file and related documents enclosed herewith for your review. Dated: November ~, 1981 ~P~ ~' ~~ Secretary, Board of Appea~s ~.-~,', . ..... -~:.; ]~ ..................... 'iilililiililiilllliililiiliii ............................... ~r~ .............. tlliillllililillilllllilllilllllllllilili' ................. .zvn :,r,,%*,.,,t,,~, :~-.~.x ..... ~i ~ ~, .~ 0 · ,4, 140' ~' ~ o :~.....,.. - · ~:.~ .'".- ,.~=. .-,-~.. ',-:. '/:'~.:i-:-':~:~ *- ' -- · ' , ' '. ' ~ '- ~. ~ '.' ~:',:;,;-'. :" ' · =..... .... . .. .... :. ~,..:-c.~../...; , ~ " .... : '- . ' ' ' .' '~: '~':' THE WAT~ ~...., ...- ~.: .-:.:..:.. 'x'" . · ' ' . ' :' .'"' 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