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TOWN OF SOUTHOLD, NEW YOI/K ACTION OF THE ZONING BOAED OF A~PEAL$ Appeal No. 2322 Dated July 21, 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Virginia W. Suter Beachwood Road Cutchogue, New York 11935 (Abigail A. Wickham, Esq.) DATE .~..1.~.....1...9., 1978 AppeBant at a meeting of the Zoning Board of Appeals on July 6, 1978 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 lo the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of ~e Board it was determined that a special exception ( ) be ~a~ed ( ) be de,ed pursuant to ~t~le .................... Section .................... Subsection .................... paragraph .................... of the Zoni~ Ordinance and ~e decision of the Building I~pector ( ) be reversed ( ) be co~irmed beeau~ 7:35 P.M. (D.S.T.) Postponed decision upon application of Virginia W. Suter, Beachwood Road, Cutchogue, New York, (Abigail A. Wickham, Esq.) for a variance in accordance with the Zoning Ordinance Article III, Section 100-30, 100-32 and Bulk Schedule for permission to construct accessory building with insufficient setback. Location of property: Beachwood Road, Cutchogue, New York, bounded on the north by land now or formerly of J. Dean; east by R. Seh; south by Beachwood Road (Private Road); west by Creek Road (Private Road). 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because SEE REVERSE (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 (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 and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and SEE REVERS FORM ZB4 ZONING BOARD OF APPEALS After investigation and inspection the Board finds that the applicant wishes to place a garage on a parcel of land which appears to be uplands and meadows. A permit has been obtained from the DEC allowing construction of the garage within 10 feet of Beachwood Road. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will not change the character of the neighborhood, and will ob- serve the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Virginia W. Suter, Beachwood Road, Cutchogue, New York, (Abigail A. Wickham, Esq.) be GRANTED permission to construct an accessory building (two-car garage) with insufficient setback. Location of property: Beachwood Road, Cutchogue, New York, bounded on the north by land now or formerly of J. Dean; east by R. Seh; south by Beachwood Road, (Private Road); and west by Creek Road (Private Road), subject to the following conditions: (1) The garage shall be no closer than 10 feet to Beachwood Road. (2) The garage shall be entered from a westerly direction as described in the DEC action dated June 14, 1978. (3) Garage shall be located approximately as described on survey of Van Tuyl dated June 21, 1977. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, and Doyen. RECEIVED AND /LED BY DATE Z/~¢/Z_F HOUR//:¢$a~. Io~ ~, Town of ~thold O LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Aopeals at the Town Hall, Main Road, Southold, New York on Thursday, August 4, 1977, on the following appeals: 7:30 P.M. (E.D.S.T.) Recessed hearing upon application of Helmut Hass for a variance for approval of building built in violation of the Building and Housing Codes, east side Beverly Road (Pvt. Rd.), Southold, New York. '~ 7:40 P~M. (E.D.S.T.) upon application of Virginia W. Surer, Beachwood Road, Cutchogue, New York (Abigail Wickham, Esq.) a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, 100-32, and Bulk Schedule for permission to construct accessory building with insufficient setback. Location of property: Beachwood Road, Cutchogue, New York, bounded on the north by now or formerly J. Dean; east by R. Seh; south by Beachwood Road (Pvt. Rd.); west by Creek Road (Pvt. Rd.). 7:50 P.M. (E.D.S.T.) upon application of James and Deborah Navas, 30 3rd Street, Riverhead, New York (Rudolph Bruer, Esq.) for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 A (1) for permission to construct dwelling unit in business building. Location of property: North side Main Road, Mattituck, New York, bounded on the north by G. Cullen and W. Krause; east by W. Winiarz; south by Main Road; west by W. J. Moisa. 8:00 P.M. (E.D.S.T.) upon application of Gilbert and Madeline Michaelis, Main Bayview Road, Southold, New York (Gary Olsen, Esq.) for a variance in accordance with the Zoning Ordi- nance, Article III, Section 100-30 and Bulk Schedule for permission to set off existing buildings on undersized lots. Location of property: South side Summit Road, Southold, New York; Lots 29, 29A, and 30, Map 2034, Bay Side Terrace. LEGAL NOTICE Notice of Hearings l Pursuant to Section 267 o..ne Town Law and the provisions of the Amended Building Zone Ordi- nance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York on Thursday, August 4, 1977, on the following appeals: 7:30 P.M. (E.D.S.T.) Recessed hearing upon application of Hal- rout Hass for a variance for approval of building built in violation of the Building and Housing Codes, east side Beverly Rd.), Southold, New /7:40 ~.1~. (E.D.S.T.) npon ap- ~Jicatj~of Virginia W. Suter, ~efl~ood Road, Cutchogue, ~Wd~w York (Abigail Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Art- icle III, Section 100-30, 100-32, and Bulk Schedule for permission to construct accessory building with insufficient setback. Loca- tion of property: Beachwood Road, Cutchogue, New York, bounded on the north by now or formerly J. Dean; east by R. Seh; south by Beachwood Road (Pvt. iRd.); west by Creek Road (Pvt. Rd.). 7:S0 P.M. (E.D.S.T.) upon ap- plication of James and Deborah Navas, 30 3rd Street, Riverhead, New York (Rudolph Bruer, Esq.) for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 A (1) for permission to construct dwelling unit in business building. Loca- tion of property: North side Main Road, Mattituck, New York, bounded on the north by G. Cullen and W. Krause; east by W. Winiarz; south by Main Road; west by W. J. Moisa. 8:00 P.M. (E.D.S.T.) upon ap- plication of Gilbert and Madeline Michaelis, Main Bayview Road, Southold, New York (Gary Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Art- icle III, Section 100-30 and Bulk Schedule for permission to set off existing buildings on undersized lots. Location of property: South side Summit Road, Southold, New York; Lots 29, 29A, and 30, Map 2034, Bay Side Terrace. 8:1S P.M. (E.D.S.T.) upon ap- plication of William G. Rafferty, 18 Farmview Drive, Dix Hills, New York (Gary Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient width and area. Loca- COUNTY OF SUFFOLK ~ ss: STATE OF NEW YORK j Sherley Katz, being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southoid, 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 ............. J. ......................... weeks successively, commencing on the ...~.~. ............................. day of ..... ~..f~-'~:~ .................... , 19..~.~... ................ .~vorn to before me this ....'~{.-/. ............. day or ....... ,,...J.J. ....... i ....... . ....................... NO. 52-1195150 omm~sslon Expires March 30. 19ff~ LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinange: e~ ' the Town of Southo~;~;&lew York, public hearings will be held by the Zoning l~ard of Appeals at the Town Hall, Main Road, Seuthuid, New York, on Thlwsdey, August 4, 1977, on the fo,qowing appeals: 7:30 P.M. (E.D~S.T.) Recessed hearing noon aoplication of Helmut Hass f6r a variance for aPproval of buildifig built in violation of th~ ~Buildiug and Housing Codes, ca. side Beverly Road (Pvt. Rd.), Seutbold, New York 7:40 P.Mf (~.D.S.T.) upon Iapplicatiaa of VI~ W. Suter, Beachwood .Hnmd, Cutchogue, New York gAbigail Wickham, Esq.) for ~ variance in ac- cordance with the Zoning Or- dinance, Ar!~le HI, Section 100- 30, 100-32~1 Bulk Schedule for permitmim~to construct ac. I cessory b~lding with insufficient setback. Location of property- Beachwood Road, Cutchogue, New York, bounded on the north by now or formerly J. Dean; east by R. Seh; south by Beachwood Road (Pvt. Rd.); west by Creek Road (Pvt, Rd.). 7:50 P.M. (E.D.S.T.) upon application of James and Deborah Navas, 30 3rd Street, Riverhead, New York (Rudolph Brunt, Esq.) for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 A (1) for permission to construct dwelling unit in business building. Locatiun of property: North side Main Road, Mattituck, New York, bounded on the north by G. Cuilan and W. Krause; east by W. Winiarz; south by Main Road; west by W.J. Moisa. 8:00 P.M. (E.D.S.T.) upon apr cation of Gilbert and Madeline Michaelis, Main Bayview Road, Soothold, New York (Gary Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Sched~e for permission to set off existing buildings on undersized lots. Location of property: South side Summit Road, Soothold, New York; Lots 29, 29A, and 30, MaD 2034, Bay Side Terrace. 8:15 P.M. (E.D.S.T.) upon application of William G. Ref- ferry, 18 Farmview Drive, Dix Hills, New York (Gary Olsen, Esq.) for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to set off lot with in- sufficient width and area. Location of property: North side Pinetree Road, Cutcbogue, New York, bounded on the north by Hickory Acres Subdivision; east by L. Wahl; south by Pine Tree Rood; west by now or formerly S. Bourguignon. 8:25 P.M. (E.D.S.T.) ~u~9n application of ViP :I~! ~9 Gehring ~Street. C0~w York (Gary Olsen, ~.~ · variance in aecerdance with the Zoning Ordinance, Article IH, Section 100-30 and Bulk Schedule for permission to set off existing buildings on undersized lot. Location of property: South side CR ~Z, Southold, New York, bounded on the north by CR 27 (North Rood) east by H. Hass, A. Stachtiaris, N. Ionolito. F. J. Smuichnski~ M. Fame_r_,, E_.. Stewart; south by Mill Creek; west by now or formerly Nassau Steamship Agency.. 5:35 P.M. (E.D.S.T.) upon application of Lee and Barbara Siros, 3 Lee Lane, Wilbraham, Mass., (Gary Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Sch~luie for permission to set off lot with insufficient width and area. Location of property: East side Deer Path, Mattiinck, New York, bounded on the north by Miller Right-of-way; east by Trimmer; south by right-of-way, Dickersan and Beier; west by Deer Path (Pvt. Rd.). 5:45 P.M. (E.D.S.T.) upon application of George Ahlers, Builder, Inc. a-c- Julius Kthczci, 7 2nd Street, New Suffolk, New York for a variance in ac- OF SUFFOLI~, F NEW YORK, ~ ss: Kart C. Dot-man being duly Sworn, .13R .. · is Printer and Publisher of the SUFFOLK rIMES, a newspaper published at Greenport, in said d that the notice, of which the tmnexod is ~l printed been published in the said Suffolk Weekly Times o~'~e (].) weeks tch week, :[Or ........................... ,Iy commencing on the twet~t:¥-eighl:h July~ . ~ 1977 eordanee with~ the Zoning Or- eensorybnilding~npropertyline. dinance, Article HI, Section 100- 32 for permission to -consiruct accessory building in front yard area. Location of property: East side Second Street, New Suffolk, New York, bounded on the north by now or formerly Rogers Est.; east by M. Majnski; south by now or formerly Zamphir~..f; west by' Second Street. 8:55 P.M. IE.D,S.T,) upon application of Tennis Cpu,'ts Unlimited a-c William L~Mort~, North Bayview Road, Seuthold, New York for a~ variance in ac- dinance, ArUcle HI, Section 100- 35 C for permission to construct tennis court with fence exceeding maximnsa height. Locati°n Of property: East side North Road to Bayvtew, Soutbold, New York, bounded on the north by Pine Neck Road; east by Seathold Bay; south by North Read to Bayview; west by North Road to Bayview. 9:~0 P.M. (E.D.S.T.) upon application of Jean Lohn and B. Lorette Vom Lehn, Minnebaha Boulevard, Southold, New York for a variance in a¢cordanea with the Zoning Ordiannce, Ariiele III, Section 100-30 and 100-32 for permission to construct ac- Lceatien of p~perty: East side New York, bounded on the north by Prieto; east by Corny Creek; south by Vanderbeck; west by Minne~hn Boulevard. 9:20 P.M. (E.D.S.T.) upon applieatian of V~e~tine Stype a-c Lillian Van I~lse~, 530~ Westpath Way, Washin~oton, D.C. for .a SecUre 100~0 and Bulk Sebedute with insufficient area. LoeaUan of property: Dicks Point Road and Hoiden Avenue, Cutchogue, New York, bounded on the North by Dicks Point Road; east by Holden Avenue; south by now or formerly E. Mort; west by Haysea, Fox, and May. 9:30 P.M. (E.D.S.Tf) upon application of George Bambriek, 46 Ceda~ Read, Caldwell, New Jersey for a variance in ac- cnsdnnce with the Zoning Or- dinance, Artiele I~, Section 30 and Bulk Schedule for per- minsiea to construct dwelling with insufficient setback and rear Drive and Lake Court, Seufhold, New York, bounded on the north by ~ Drive; east by Sen- dericker; south by Sendericker; west by Lake Court. 9:40 P.M. (E.D.S.T.)' upon application of Gustav Bart~a, 227 Breakwater Road. Mnttituck. New York for a variance in ac- dinance, Article III, Section 100- 30 C and 100-32 A for permission to construct radio and T.V. towers exceeding maximum height.~ Location of property:' Right-~-way, East side Break- water Road, Mattituck, New York, bounded on the north by Stupieilo and Maiane; east by Domld Conper; anuth by right-d- way, D. Cooper; west by Can- Any person desiring to be heard on the above appeals should .appear at the time and place above specified. Dated: July 22, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD 1TJ~28--2771 OF APPEALS LEGALNOTICE · Pursuant to Section 267,of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be l~)d by the Zoning Board of Ap~als at the Town Hall, Main Road, Southold, New York on Thumday, August 25,1977, On th e following appeals: 7:~0P.M: (EJ).S.T.) Recessed hearing 'u~on appHc~iotl of application of John Milusich, Jr., 645 Tuckers Lane, Southold, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100~ 30 and Bulk Schedule for per- mission to divide property with insufficient width and area. Location of property: Tuckers Lane and Glover Street, Southold, New York, bounded on the north by Tuckers Lane; east by now or formerly Osborne (Ruebsaman); south by now or formerly Dumovic & Herzich; west by Glover Street. 8:25 P.M. (E.D.S.T.) upon application of James Genovese, 15 Cornwallis Road, Setauket, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to conslruct addition with insufficient front-yard setback. Location of property: North side Lake Drive off Ken- ny's Road, Seainold, New York, bounded on the nortb, east, and west by Dechiam; south by Lake Driv~ 8:35 P.M. (E.D.S.T.) upon application of Mary W. MacNish and Ruth Lessard, Westphalia Roar' Mattituck, New York (Abigail Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Westphalia Road, Mattituck, New York, boanded on the north by Mat- truck Creek; east by now or )F SUFFOLK. | ~ ss: NEW YORK. j to eenStruct accessory building with. insufficient setha~k, Beach- York. 7:50 P.M. (E.D.$.T.) Recessed hearing upon application of Lee and Barbara Siros for a variance to set off lot with insufficient width and area, east side Deer Path, Mat~ituck, New York. 8:00 P.M. (E.D.S.T.) upon application of Gil and Ann Amiaga, 52370 North Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct ad- dition with insufficient side-yard Creek; east and south by R. Lang, Jr.; west by Mill Creek. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: August 12, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD O F APPEALS 2789 1TA18 formerly Guiler; south by Westphalia Road; west by now or '.~.. ~.o. · D.o.l~!a.a~l'l~ .............. b~ing duly Sworl~. formerly F. Olmsied. h~ is Printer and Publishex of the SUFFOLK 8:45 P.M. (E.D.S.T.) upon ....... application of Philip J. Ofrias, Helmut Hass for a variance,for Jr., Bayview Road, Southold, ~IMES, a newspaper published a"t Greenport, in said apprOVal of building bu~lt~ in New York for a variance in ac- i that the notice, of which the annexed is a printed violation Of the Bu~ing &nd ccedance with the Town Law, HousingCodes, east side Beverly. Section 280A for approval of been published in the said Suffolk Weekly Times Road (Pvt. Rd.), Sonthold, New access. Location of property: York. :~ Right-of-way, east side Laurei :h we~k, ~or . . (].)..Ot'k~ ................ weeks , 7:40P.M. (E.D.S.T.)Recesse~ Avenue, Southold, New York, honr~ upon a~plicat'~.n ,of.~ bounded on the north by Mill ir commencing on the ...eighteen, th .......... Vir~il~W. Sutir for a valance ~.=:=Augu~:. ~ ~ i. 19. 177 LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of $outhold, New York, public hearings will be held by the Zoning board of Appeals at the Town Hall, Main Read, Southold, New York, on Thursday, November 3, 1977, on the following appeals; 7:30 P.M. (E.S.T.) Recessed hearing upon application of Virginia W. Suter, Beachwood Road, Cutchogue, New York for a variance to construct accessory building with insufficient set- back. · 7:45 P.M. (E.S.T.) - Recessed hearing upon application of Doris Hell, 1965 Bray Avenue, Mat- truck, New York (William Clark, Esq.) for a variance to set off lot with insufficient width and area and construct dwelting. 7:55 P.M. (E.S.T.) upon ap- plication of James W. Dawson, 9 Stone Ledge Road, Upper Saddle River, New Jersey (Richard Cron, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient setbacks. Location of property: North side CR27, Greenport, New York, bounded on the north by Long Island Sound; east by R. Tasker; south by CR27; west by County Wide Management. 9:05 P.M. (E.S.T.) upon ap- plication of Joseph A. Shipule, 4910 North Bayview Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient width. Location of property: west side North Road to Bayview, Southold, New York, bounded on the north by Epp; oas[ by, Norm Road to Bayview; south by E. Gagea & ors. ;!west by Dongherty & ors. 8:15 P.M. (E.S[T.) upon ap- plication of Helen R. Schaefer, 3950 Old North Road, Southold, New York for a variance tn ac- cordance with the Zoning 0r- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to set off lot with in- sufficient area. Location of property: Right-of-way, south side Old North Road, Southold, New York, bounded on the north by John Schaefer; east by right- of-way; south by A. Grigunnis; west by now or formerly Wm. A. Coleman & wi. 8:25 P.M. (E.S.T.) upon ap- phcatian of George Mahr, 19 Zemek Street, Valley Stream, New York (Wm. H. Price, Jr., Esq.) for a variance in ac- cordance with the Zoning Or- dinance, Article HI, Section 100- 30 and Bulk Schedule for per- mission to change lot lines. Location of property: north side Front Street, Greenport, New York, bounded on the north by School District 10; east by now or formerly Peterson; south by Front Street (Main Road - Route 25); west by W. Price. 8:40 P.M. (E.S.T.) upon ap- plication of Charles G. and Mary A. Tangney, 1695 Little Neck Road, Cutchogue, New York for a variance in accordance with the Town Law, Section 280A for approval of accesss. Location of property: right-of-way east side Little Neck Road, Cutchogue, New York, bounded on the north by A. C. Mason and right-of-way; east by Norwold Subdivision; south by Dunhuber; west by Dunhubor & Andruski. 9:50 P.M. (E.S.T.) upon ap- plication of Robert Sorenson c-o A. John Gada Gen'l Contractor, Inc., Draw B, Fishers Island, New York for a variance in ac- cordance with the Zoning Or- diunnce, Article III, Section 100- 32 for permission to construct accessory build~ng in front yard area. Location of property: east side Equestrian Avenue, Fishers Island, New York, bounded on the north by Braun; east by Hay Harbor; south by T. Pyle & wi.; west by Equestrian Avenue. 9:00 P.M. (E.S.T.) upon ap- plication of the Estate of Walter Washburn, Bay Avenue, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III Section 100-30 and Bulk Schedule, and the Town Law, Section 290A for permission to set off lot with insufficient area and approval of access. Location of property: Right-of-way, west side Bay Avenue, East Marion, New York, bounded on the north by right-of- way, Radford; east by Traffica, Sehmidt, Dahncke, & ors.; south by other land of appncant; west by right-d-way a~ld Radford. 9:15 P.M. (E.S.T.) upon ap- plication of Marion M. Roassin c- o Mr. and Mrs. James Hoolahan, Page 17A North Parish Drive, Soathold, New York for a variance'in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to dirt,de .property with insufficient widgh and~grea. Location of property: north' side Sound View Avenue, Southold, Now York, beunded,bn the north by Halbauer; east b'y Hyatt Road (Pvt. Rd.); south by Sound View Avenue; west by B. Young. 9:25 P.M. (E.S~T.) upon ap- plication of Dorothy Ycerges a-c By The Yard, Love Lane, Mat- tituck, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk Schedule for permission to construct addition with insufficient rear yard area. Location of property: East side Love Lane, Mattitock, New York, bounded on the north by Raunor- Suter; east by Lois Barker; south by Lois Barker; west by Love Lane. 9:35 P.M. (E.S.T.) upon ap- plication of James H. Ackerman, Mountain Lake, Lake Wales, Florida (Clay A. Terry, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30-31 C 2 A & 100-35 for permission to obtain relief from the Code requirements for fen- cing relative to in-ground swimming pools. Location of property: Private Road, Fislmrs Island Estates, Fishers Island, New York, bounded on the north by E-W Road; east by M. Wray; south by M. Reid; west by Private Road; Block 8, Lot 12, Fishers Island Estates. 9:45 P.M. (ES.T.) upon ap- plication of Rowland A. Robbins, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30-31 C 2 A and 100-35 to obtain relief from the Code requirements relative to fencing in-ground swimming pools. Location of property: Private Road, Fishers Island, New York, bounded on the north by Block Island Sound; east by O. An- derson; south by Private Road; west by H. Williamson & wf.; Block 25, Lot 8, Fishers Island Estates. 10:00 P.M. (E.S.T.) upon ap- plication of Robert Adipietro, Pecenic Lane, Peconic, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to change lot lines and convert existing building to dwelling. Location of property: south side Leslie Road, Peconic, New York, bounded on the north and west by Leslie's Road; south by Pontino; east by Indian Neck Lane. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: October 21, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 2833 1T027 COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: J STUA!~T C. DORMAN ...................................... being duly Swo says thor .. ~ .., is Printer and Publisher o! the SUFFO WEEKLY TIMES. a newspaper published ut Greenport. in county; and that the notice, of which the annexed is a prin copy, has been published in the said Suffolk Weekly Ti,, once in each week. for ONE successively commencing on the .... ilMEI~TY.SEVENTI-I day of OCT~BE.I~_. , , 19.7.7.. to be o$ Ihis .. .... IqANCT l~. DOUGZA~q NOTARY PUBLI~, Sla~ o! Nsw York C2:~. No. 52-6985~85 Commia.qion Z.o;ir~ M~ch 30, 19d.~ LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the previsions of the Amended Building Zone Ordi- nance of tbe Town of Southold. New York. public hearings will be held by the Zoning Board of Appeals at the Town Hall. Main Boad. Southold. New York on Thursday. August 25. 1977. on the following appeals: 7:30 P.M. (E.D.S.T.) Recessed healing upon application of Hel- mut Hass for a variance for approval of building built in violation of the Building and Housing Codes. east side Beverly COUNTY OF SUFFOLK STATE OF NEV~ YORK Sherley Katz, being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk Count~; 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 ........... J. ........................... weeks successively, commencing on the ...... {.,/ ............................. Road (Pvt. Rd.). Southold, New day of ..,f: ../..(.c./, '-:-~ ...... (..{.. 7:40 P.M. (E.D.S.T.) Recessed I bearing upon application of Vir- ~ . Z ginia W. Suter for a variance to ~ ~,~ construct accessory building with · insufficient setback. Beacbwood~ Road. Cutcbogue. New York. ~s York. J7:50 P.M. (E.D.S.T.) Recessed hearing upon application of Lee and Barbara Sires for a variance to set off lot with insufficient widtb and area. east side Deer Patb, Mattituck, New York. 8:00 P.M. (E.D.S.T.) upon application of Gil and Ann Ami- aga. 52370 North Road, Southold. New York for a variance in accordance with thc Zoning Ordi- nance, Article Ill. Section 100-30 and Bulk Schedule for permission to construct addition with insuf- ficient side-yard setback. Loca- tion of property: Right-of-way. soutb side CR27. Soutbold, New York, bounded on tile north by A. Amiaga; east by M. Mulvaney Est.; south by Mill Creek[ west by J. Levin and others. 8:15 P.M. (E.D.S.T.) upon application of John Milusicb. Jr., 645 Tuckers Lane, Southold, New York for a variance in accordance with tile Zoning Ordinance, Art- icle II1. Section 100-30 and Bulk Scbedule for permission to divide property with insufficient width and area. Location of property: Tuckers Lane and Glarer Street, Soutbold, New York, bounded on the north by Tuckers Lane; east by now or formerly Osborne (Ruebsaman); south by now or formerly Dumovic & Herzicb; west by Glover Street. 8:25 P.M. (E.D.S.T.) upon application of James Genovese, 15 Cornwallis Road, Setauket, New York for a variance in accordance with the Zoning Ordi- nance, Article IlL Section 100-30 and Bulk Schedule for permission to construct addition witb insuf- ficient front-yard setback. Loca- Sworn to before me this ..... /...~/ .............. day at .............. 19...._/.. Notary Public No, 52-1195150 Commissioa Expires Ma~ch 30, 19--'~ LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provi- sions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals as the Town Hall, Main Road, Southold, New York, on Thurs- day, November 3, 1977, on the following appeals: 7:30 P.M. (E.S.T.) Recessed ~hearing upon application of Virginia W. Suter, Beachwood Road, Cutchogue, New York for a variance to construct accessory building with insuf- ficient setback. 7:4S P.M. (E.S.T.) Recessed hearing upon application of Doris Helf, 196,$ Bray Avenue, Mattituck, New York (William Clark, Esq.) for a variance to set off lot with insufficient width and area and construct dwelling. 7:SS P.M. (E.S.T.) upon application of James W. Daw- son, 9 Stone Ledge Road, Upper Saddle River, New Jer- sey (Richard Cron, Esq.) for a variance in accordance with the Zoning Ordinance, Article HI, Section 100-30 and Bulk Schedule for permission to construct dwelling with insuf- ficient setbacks. Location of property: North side CR27, Greenport, New York, bound- ed on the north by Long Island Sound; east by R. Tasker; south by CR27; west by Coun- ty Wide Management. 8:0S P.M. (E.S.T.) upon application of Joseph A. Shipule, 4910 North Bayview Road, Southold, New York for ance with the Town Law, Section 280A for approval of access. Location of property: right-of-way east side Little Neck Road, Cutchogue, New York, bounded on the north by A. C. Mason and right-of-way; east by Norwold Subdivision; south by Dunhuber; west by Dunhuber & Andruski. 8:S0 P.M. (E.S.T.) upon application of Robert Sorenson c/o A. John ~a_Gen'l Con- tractor, Inc., Draw~ Fishers lsland~ New York for a var- iance in accordance with the Zoning Ordinance, Article 111. Section 100-32 for permission to construct accessory building in front yard area. Location of property: east side Equestrian Avenue. Fishers Island, New York, bounded on the north by Braun; east by Hay Harbor; COUNTY OF SUFFOLK STATE OF NEW YORK SherIey KarT, being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Islend Traveler-Watch- man once each week for ......... ./. ............................. weeks successively, commencincj on the ...4~../. .............................. ................. Sworn to before me this ..~.(~. .............. d~¥ ot ............................... 19_ . [] N$~ary Public JOSEPH FENTON NOTARY PUBLIB, State of Now No. 52.1195150 Qualified in Suffolk County OD Commission Expires March 30, l<~ FO~ NO. 3 0 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Date ........................ ~ ...... ....... ........... ~.~:~......~o.~..A ........................ ~. ~1~1_ . .............. ~ ~_~.(~.~ ............................. PLEBE TAKE NOTICE that your application dated ............ ~ ....... ~..I .......... , for permit to construct ...~..~.~......at the premises~ 'located at .....~.~ .................. .... ~.~~.&.~:~ ......... s,,~e~ ~~ Map ~ Bl<k ~ Lot ~ is ....................... d,sapproved on the follow, g g ou ds .......... ~..~...+~.~ ........ .~.~.~~ ....... ~~..~ ........ /~.::~: ............ ......... ~&~,~z~:~..:s..0....~...z.~c:.~..~.....(.....~:..~.:~ O TOWN OF SOUTHOLD, NEW YOR(~ APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ......7,. ,-~...~../....-..~...~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (~) ...... ~ir~i~i~..W.....Su~er ...................of ...~.~.~.q.~W.O.Q.~..i%Q~ ....................................... Nome of Appello. n~ Street ond Number ........................ C~tchQg. Ue .................................................. ~[e~...Y~k~ ......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ..................................... ....... ................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (xZ Nome of Applicant for permit of .... .S..e...a..c...h.~o...o.~...~p..a. ~. ........................ f;.~l;.C~ f).~.e. .............. ~¢~.. J.O. r ]~. ............ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to build utility building (garage) 1. LOCATION OF THE PROPERTY .~.e..a..q.h.~9.°..a....~.°...a..d. ........................................... ~ ................. Street Use District on' Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and P~rnn, e~raph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeol is mode herewith for (X) A VARIANCE to the Zonin9 Ordinance or Zonin~ M(~p ( ) A VARIANC[ due to Isck of ~ccess (Sto~e of New York Town L~w Ch~p. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeol~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X~ ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that applicant wishes to erect a two car garage on the upland portion of her property, as shown by the attached survey. Form ZB1 (Continue on other side) REASON FOR APPEAL O Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sory HARDSHIPbecause the proximity of the wetlands prevents a residence from being located on the lot north of the right of way. If the normal setback requirements for accessory buildings were applied, the garage would have to be about 60 feet off the road. Most garages in the area are very close to the road, and the usable space on applicant's lot is severely limited by the large area of tidal wetlands. Applicant would like to tear down the present garage, which is in bad condition and blocks her view of the meadowland. The new garage would be placed 10 feet from the right of way, in order to comply with the requirements of the New York State Department of Environmental Conservation and yet still pro- vide ample setback from the right of way. 2, The hardshipcreotedis UNIQUE and isnotshared by ail properties alike in the immediote vicinity ofthisproperty and inthisuse district becouse a residence could not be placed on the southern lot and because applicant owns property on both sides of the street. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because many buildings in Beachwood are very close to the right of way. Although applicant's new garage would be the only building north of the right of way, except for a pump shed to the east, the garage would be directly in line with the Reinhard's garage next door and would not affect their view. STATE OF NEW YORK ) . ) ss ~. COUNTY OF SUFFOLK ) ~gn Sworn to this ............. ~....~..,~.~. ................. doy of ................ J. ul~ ............................ 19 77 ABIGAU. A. WICKHAM ~ ,~ I~xplres March 30, l'.]'~.t~ WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD~ p,O. BOX 1424 MATTITUCK LONG ISLAND 516-298-8353 June 29, 1978 Board of Appeals Town of Southold Town Hall Southold, NY 11971 Att: RDbert W. Gillispie, Jr. Chairman Re: Application for Variance; Virginia Suter Dear Mr. Gillispie: Enclosed is a copy of the decision and permit to locate a garage on Mrs. Suter's property at Beachwood, Cutchogue, New York. I understand that this matter has been rescheduled for a hearing on July 6, 1978 at 7:35 p.m. Ver~ truly yours, ~ Wickham AAW/ep Encls. State of New York ~ART~NT OF ENVN/{ON~AL CO~S~VATION In the Matter of the Application FRANK R. ZALESKI on behalf of for a Tidal Wetlands permit pursuaut to Environmental Conservation Law, Section 25-0~02, to locate a garage on an upland area with_in 75 feet of a tidal wetland bordering H~11 's Creek, in the Town of Southold, Suffolk County. Tidal Wetlands Application No. TW-15275-O105 DECISION June 14, 1978 DECISION OF THE CO~tSSIONER The attached Report of Hearing Officer Robert P. O'Connor, including Findings of Fact, Statutory and Regulatory Criteria, Conclusions, and Recommendations, in the Matter of the Application of Frank R. Zaleski, on behalf of Virginia W. Suter, is hereby adopted as the Decision in this matter. The Recommendations are hereby made effective this date, and, accordingly, the application is approved subject to the noted conditions. IN WITNESS WHEREOF., the Department ef Environmental. Conservation has caused this Decision to be signed and issued and has filed the same with ~l] maps, plans, reports and other papers relating thereto in its office in Stony Brook this L4th day of June, 1978 · DEPARTMENT OF ENVIRONMENTAL CONSERVATION P~ A. A. ~L~E, CO~ISSIONER LANGDON MARSH First .Deputy Commissioner State of New York DE. PARTMENT OF ENVIRONMENTAL CON~V~W, VATION In the Matter of the Application FRANK R. ZAIE~/ on be~l ~ of T..i. dal Wetlands Apolication No. TW-1~275-O105 Report by Hesring Officer Robert P. O'Connor hereby submits this Hearing Officer' s Report including Findings of Fact, Statutory and Regulatory Criteria, Conclusions, aud Recommendations in the captioned matter. Hesring Officer PROCR, v.r)INGS On October 26, 1976, Frank R. Zaleski, on behalf of Virgina W. Surer the "Applicant"), applied to the Department of Environmental Conservation the "Department") under Environmental Conservation Law ('~CL") Article 25 the "Tidal Wetlands 'Act"), Section 25-0202, for a moratorium permit to relocate two M~81ugs for use as garages on an upland area adjacent to tidal wetlands bordering Ns1 ] 's Creek in the Town of Southold, SuffoLk County. The application was subsequently revised on July 18, 1977, to place only one garage on the upland property. Part 661 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6NYCRR Fart 661"), (the "Tidal Wetlands Land Use Regulations"), became effective on August 20, 1977, and the application was further amended to seek a variance from the development restrictions imposed by 6NYCRR Part 661. Notice of public hearing was published in the SuffoLk Weekly Times in the Long Island Traveller on February 16, 1978. Proof of publication has been received for both notices. A copy of the Notice of Hearing was also sent by certified m~l to the Southold Town Supervisor and to the SuffoLk County Executive. A public hearing was held before Robert P. O'Connor, Hearing Officer, in the SuffoLk County Center, Riverhead, New York, on March 9, 1978, at lO:OO A2~. The Applicant was represented at the hearing by Wickham, Wickham and Bressler, P.C. (Abig~t] A. Wickham, Esq., of Counsel). The Department staff was represented at the hearing by Roy L. Haje, Associate Environmental Analyst and alternate local Tidal Wetlands Permit Agent, Region i Office. An objection to the application was filed by Robert Seh, P.O. Box 2, Mattituck, New York 11952 and 29-36 Avenue A, Apartment 306, Riviera Beach, Florida 33~05. However, this objection related U~imarlly to local zoning regulations and was merely noted, but not considered at the hearing. No other individual or group filed notices of appearance either in favor of or in opposition to the project as proposed. The stenographic record of the hearing was received on April 10, 1978. Additional information requested at the hearing concerning elevations on the upland property was received from the counsel for the Applicant on April 12, 1978, and the record was thereupon closed. The Hearing Officer inspected the site on March 9, 1978, accompanied by the Applicant, her attorney, and the Department staff representative. The general area of the proposed project is shown on Appendix "A", to this report. POSz'I'ION OF ~EPARTI~A~ STAFF Region 1 Department staff is opposed to the proposed project contending it w~ll ~m~ish the aesthetic and natural values of the affected tidal wetland and its environs and encourage further development and degradation of the area. Subsequent to the hearing, because of the small scope of the project, -2- the Department staff issued a negative declaration indicating the proposed project would not have a significant impact on the environment in accordance with 6NYCRR Section 61~.?. However, the negative declaration does not alter the Department staff's position relating to construction of the project. FINDINGS OF FACT General 1. The Applicant and her family have been suma~ring in the area known as Beachwood Extention of Cutchogu~ first renting and th~n approximately 22 years ago purchasing Let No. 22, a narrow, approximately one-quarter acre parcel of land with an existing house and garage, Just south of the western terminus of Beachwoed Road with approximately 40 feet of frontage on ~eachwood Road and 60 feet of frontage on ~eat Peconic Bay. 2. The Applicant and her husband are nearing retirement and plan to live in their Beachwoed Road residence y~ar-round, but in order to do so they are having the existing house enlarged and winterized. Because of the anticipated expansion of the house to serve the Applicant's year-round needs and the resulting loss of useable space on her existing property, in September 1976 the Applicant purchased Lot No. 9 (the "Site") consisting of approximately twc- thirds of an acre of vacant laud immediately across Beachwoed Road from and to the north of her existing property. The Applicant's sole purpose for buying this additional property was to locate a new garage on it. The purchase price of the Site was $4500; the property is assessed at $500; and the taxes on the vacant parcel are approximately $85 per year. The Applicant claims that if her application to ~i!d a garage on the Site is denied, the property w-]~l have no value and that she w~l 1 have to pay taxes on property which she cannot use and very likely will not be able to sell. 3- The Applicant has applied to the Town of Southold Zoning Board of Appeals for a variance in the setback recf~rements which would construction of the garage l0 feet from Beachwoed Road, rather than the 35 feet minimum required by Town ordinance. A determination on this request to the Town is pending a decision in the instant proceediug. 4. The Applicant must also apply for local permits from the Townao~f~ Southold ~ because the property involved is adjacent to wetlands ar~ from SuffoLk County because the Site is within 500 feet of Great Peconic Bay. The Applicant has opted to w~it until a decision is rendered on the ~-nstant application before proceeding with these two applications. ~he Site 5. The project Site is bounded on the south by Beachwood Road ar~ extends approximately 200 feet northerly into the tidal wetlands adjacent to Hall's Creek. It extends from the property owned by Robert Seh on the east, appro~ately 125 feet to land on the west mapped as Creek Road, b~t as yet undeveloped (a "paper street"), which is further bounded on the west by three parcels, all of which contain tidal wetland vegetation and-are at least partially subject to regular tidal flooding. 6. The Site is shown on Tidal Wetlands Inventory Map No. 710-5~O as containing areas of intertidal marsh, high marsh or salt meadow and adjacent area or upland. Inspection of the Site verified that approximately one-half of the parcel (one-third of an acre) is an area of intertidal marsh. This intertidal marsh is cont~ned in an area bounded by the northern limits of the property adjacent to Hall's Creek, the western property line southerly to a point approximately 70 feet north of Beachwood Road, the eastern property line southerly to a point approximately 1~5 feet north of Beachwood Road and the southerly line drawn approximately between the latter two points. The high marsh area occupies apprax~m~tely one-sixth of an acre on the Site immediately south of the intertidal marsh bounded by the western property line southerly to a point approximately 20 to 25 feet north of Beachwood Road, the eastern property line southerly to a point approximately 70 to 75 feet north of Beachwocd Road and with the southern limits being a line drawn approximately between the latter two points. The remainder of the Site, approximately one- sixth of an acre, occupying the most southerly portion of the parcel adjacent to Beachwood Road, and including the area upon which the new garage is proposed to be ~lt, is classified as upland or adjacent area. These areas are delineated on Appenxiices "~' and "C" to this report. 7. The intertidal marsh vegetation consists almost exclusively of low marsh cordgrass (Spartina alterniflora), a tidal wetland species protected in 6NYCRR Part 661. ' The high marsh vegetation contsJ_us salt meadow grass (Spartina patens), sroundsel bush (_Bacchari. s halimifolia), spike grass (Distichlis spicata), and marsh elder (Iva ~rutescens), ml1 protected tidal wetland species which are very abundant, to the exclusion of other upland. species. 8. An inspection of the Site by the Hearing Officer showed that the property had undergone some clearing activities in the past which apparently destroyed much of the vegetation on the upland area and some of the vegetation on the high marsh area. The clearing of the property was in violation of ECL Article 25-0202. The violation was disposed of when the Applicant paid a $150 penalty in accordance with a Departmental consent order dated October 29, 1977. The line of demarcation between the upland and high marsh areas on the Site, as described in Finding of Fact No. 6, can still be fairly accurately located based on the vegetation existing on adjacent parcels and the Tidal Wetlands Inventory Map No. 710-5~0. Based on investigation by Department staff, it appears the upland area would have most probably been vegetated with various upland bu.shes and shrubs, perhaps a few groundsel bushes (Baccharis .halimifolma), the common reed (Phra~mites cpmmu~s), and s0~e cedar trees, two of which are still standing. Of these, only .Ba. ccharis is a protected tidal wetland species. 9. The surface elevation on the Site ranges from approximately 2.0 to 3.0 feet above mean high water near Beachwood Road and slopes down to approximately the mean high water line at the extreme northern boundary of the Site. The natural surface drainage from the upland area at the southerly portion of the Site flows toward the wetlands and marsh area to the north. 10. The area of the Site occupied by intertidal marsh is subject to regular flooding from d~.~y tidal activity. The high marsh area is usually flooded only by storm tides. OccasionAlly, intense storms accompanied by extreme tidal action cause flooding over the entire area adjacent to and including Beachwood Road and the developed properties, but this is a rare occurrence. ll. The southern portion of the Site adjacent to Beachwood Road, and other properties north of the road are currently used in the summer for parkiug guests' cars and in both summer and winter for storage, although there is presently no protection from the elements for the items kept there. The Area 12. The surrounding area in the vicinity of the project Site is utilized in several way~. The parcels to the south of Beachwood Road are extensively developed with summer dwellings and garages as is typical of much of Long Island's shore frontage. In addition to the Applicant's home which is currently being reconstructed to provide for year-round use, only two other homes in the ' immediate vicinity are occupied during the whole year - both of which are located on parcels somewhat larger than the Applicant's. The area is inhabited by about l0 people maximum in the winter months, while during the ~,mmer the area's population may swell to 100 persons or more, particularly on weekends and holidays. 13. The land on the north side of Beachwood Road is undeveloped, with the exception of a sm~]l pump house located just north of the east end of Beachwood Road. Most of the parcels north of Beachwood Road have areas of kigh marsh on them, with some cont~ing intertidal marsh, similar to the Applicant's parcel. ]2,. Most of the drainage area adjacent to Hall's Creek is made up of intertidal marsh and coastal shoals, bars and flats. Field inspections on several d~fferent occasions by Department staff representatives indicate the entire marsh area is of high quality and productivity as evidenced by the height and vigor of the tidal wetlands vegetation and the abundance and variety of fauna observed utilizing the area. Several species of unidentified marsh birds and waterfowl were noted using the area during the warmer months. The wetlands surrounding Hall's Creek are naturally ~eneficial because they provide for marine food production, wildlife habitat, flood and storm control, cleansing ecosystems, sedimentation control, and open space and aesthetic appreciation values. 15. The waters of H~]]'s Creek are classified as "SA", in 6NYURR Section 924.6, which have best usage, as provided in 6NYCRR Section 701.5, as suitable for shellfishing for market purposes and primary and second~ry recreation. The waters of Hail's Creek are of good quality and, in fact, are used for shellfishiug and bathiug. The Project 16. The Applicant proposes to tear down the existing garage on her property on the south side of Beachwood Road because it is old and in poor repair. The Applicant stated the roof on the existing garage leaks badly and that some of the boards on the sides of the garage are rotten. The garage, because of its 18 foot by20 foot size, is not sufficient to meet the Applicant's storage needs for y~ar-round use. The existing structure cannot -5- be used by vehicles in the w~_uter due to the summer items stored in it. Although no cost estimates were given, the Applicant stated it would not be economically feasible or practical to rehabilitate, exp~ud or move the existing garage. 17. In ~riuterizing her existing home south of Beachwood Road, the Applicant is gutting and completely rebuilding the structure from the inside-out, in addition to extending the house 12 feet toward Beachwood Road. A 9 foot deck is being added to the extension, thus actually bringing the structure 21 feet closer to Beachwood Road, to a point where it will be approximately 3~ feet from the existing garage. The close proximity of the garage to the enlarged house w~l interfere with the view of the wetland area to the north from the house. 18. By constructing a new garage on the Site to the north of Beachwoed Road, the Applicant hopes to solve her problems concerning lack of storage space and current inability to use the garage during the winter mouths, while at the same time enhancing her property by removiug the old unsightly structure and gairaing a better view to appreciate the values of the wetland area across Beachwoed Road. 19. The new garage would be a 24 foot by 24 fo~t structure constructed on a concrete slab located on the Site approximately l0 feet north of Beachwood Road and 30 feet west of the eastern property bouffd~_ry of the Site, as shown on Appendix "C". It is estimated that ~0 or 50 cubic yards of sand w~ 1 he required on the area where the garage is to be constructed in order to raise the ground elevation approximately one foot. Raising the structure in this manner to approximately 6 inches kigher than Beachweed Road aud the surrounding land would insure goed drainage away from the garage. 20. The proposed garage would be located with the entrance doors facing west with an approximately 20 foot wide and ~0 foot long curving drivewey providing access from Beachwood Road. This arr~ugement was selected by the Applicant to minimize the aesthetic impact of the garage door openings, as the property to the west is undeveloped, largely unused aud only two families would have to pass the garage structure to reach their homes on the south side of the western terminus of Beachwood Road. This arrangement wo~ld also provide for the parking cf two or three guests' cars on the Site between the garage and Beachwood Road. The driveway area itself would not be covered with an impervious material. To fl~rther reduce the visual impact of the garage, the Applicant indicated the exterior of the garage would be landscaped. R1. No plans for the proposed structure were presented, but the Applicant stated the garage wo~ld only be high enough to provide a loft ~rea for storage of sm~l~ items in addition to the boats, cars and a ~m~ll workshop on the lower level. The only utility required for the garage would be electricity. R2. The Applicant claimed that becaUse of the poc~ condition of the existing garage, the expansion of the house, the requirement for ~dditional storage and the money already invested in the Site, there is no reasonable alternative to the proposed project. -6- STATUTORY AND REGULATORY CRITERIA 1. The standards upon which a determination sh~l 1. be made by the Department for a permit are pursuant to the Tidal Wetlands Act, Article 25 of the Environmental Conservation Law ('~CL") and Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6NYCRR") Part 661, entitled "Tidal Wetlands--Land Use Regulations." Title I of ECL Article 25 reads in pertinent part: "It is declared to be the public policy of this state to preserve and protect tidal wetlands, and to prevent their despoliation and destruction, giving due consideration to the reasonable economic and social development of the state." 2. Section 661.5(a)(2) of 6NYCRR reads in pertinent part: "Any type of use designated in this section as a generally compatible use for the type of area involved is generally compatible with that type of area and with the preservation, protection and enhancement of the present and potential value of tidal wetlands i~ undertaken in that area. The compatibility of a particular use depends on the particular location, design and probable impact of the proposed use." Section 661.5(b) of 6NYCRR further reads in Item No. 49 that the construction on an adjacent area of an accessory structure, such as a garage, for a siugle family dwelling, is a generally compatible use requesting a permit. 3. Section 661.6 of 6NYCRR reads in pertinent part as follows: No person sh~l ] undertake any new regulated activity on any tidal wetland or on any adjacent area except in compliance with the following development restrictions: (1) The minimum setback of al1 principal ~,~ldiugs and all other structures that are in excess of 100 square feet... sha~l be seventy-five feet landward from the most landward edge of any tidal wetland." Section 661.10 of 6NYCER provides in pertinent part that: "(c) The department sh~l] issue a permit Cora proposed regulated activity on an adjacent area only if it is determined that the proposed regulated activity: (1) is compatible with the public health and welfare; (2) complies with the development restrictions contained in section 661.6...; w41 ~ not have an undue adverse impact on the present or potential value of any adjacent or nearby tidal wetland...; and (4) complies with the use guidelines contained in section 661.5 ...; 5- Section 661.13 of 6NYCRR reads in pertinent part as follows: 'Sfnere there are practical difficulties in the way of carrying out of any of the provisions of section 661.6...or where in the department's judgement the strict application of the provisions of section 661.6 would be contrary to the purposes of this Part, the department sb~ll have authority in connection with its review of an application for a permit...to vary or modify the application of any of such provisions in such a manner that the spirit and intent of the pertinent provisions shnll be observed, that public safety and welfare are secured and substantial Justice done and that action pursuant to the variance %Mll not have an undue adverse impact on the present or potential value of any tidal wetland .... " CONCLUSIONS 1. The Applicant's proposal to construct a garage on an upland area within 75 feet of a tidal wetlands area as described in the above Findings of Fact w~ll result in a regulated activity which does not meet the requirements of the development restrictions listed in 6NYCRR 661.6 and which would req~11re a variance under 6NYCRR 661.13. 2. Because the closest corner of the garage w~ll be some 30 to 40 feet from the high marsh, it is likely that wildl~*e and waterfowl utilizing the marsh area may be disturbed, particularly for a period of several months during construction activities on the Site. Following the completion of construction activities, the use of the garage and driveway would not have a significant impact on the present or potential values of the adjacent tidal wetlands. The planting of a suitably vegetated living screen to act as a buffer zone between the garage and the wetlands would mitigate the effects of such construction on the inhabitants of the tidal wetlands area on and adjacent to the Site. The placement of adequate vegetative screening may serve to enhance the values of the tidal wetlands, particularly those pertaining to wildlife habitat and aesthetic appreciation. 3. Vehicular use of th~ driveway and garage may result in some accumulation of motor oil on the driveway and garage floor. It is possible sm~l 1 amounts of oily residue may enter the marsh during periods of abnormally high tides. The marsh should be capable of entrapping such pollutants nl~ owing time for bacterial decay of the oil, so that no significant adverse effects on the tidal wetlands would be anticipated from this source. 4- The Applicant has established that there is a reasonable need for such a garage to be constructed on the Site if she and her family are to gain the maximum reasonable use of their property on a year-round basis. Because of the tidal wetlands located on adjacent properties and the limited development of the area, it seems unlikely that the construction of the Applicant's proposed garage wll 1 set a precedent or lead to further significant development. 5. Based on the above FilcHings of .Fact and with the modifications proposed herein, the proposed project would have no significant detrimenta~ effects on the public health and welfare, marine food production, wildlife resources, aesthetic appreciation, recreation and flood and storm control protection afforded the surrounding area by the adjacent tidal wetlands. On balance the proposed project would be consistent with the genersl welfare, economic and social development of the State. RECOMMENDATIONS 1. In view of the above Findings of Fact, Statutory and Regulatory Criteria, and Conclusions, it is recommended that the Applicant be granted a variance from the development restrictions of 6NYCRR 661.6 and that the Applicant be issued a permit to construct a garage on an upland area within 75 feet of a tidal wetlands area, subject to the following special conditions: (a) All construction work s~l ~ be carried out in~ a manner approved by the Department to prevent erosion and to protect the tidal wetland areas on and around the Site which are to be left undisturbed ar~i undamaged. One 24 by 24 foot structure sh~11 be placed on the Site to be used only for garage, storage aud workshop space. (b) Prior to the commencement of any work, the Applicant sh~ll submit _det~ 1 ed plans showing the exact location of the garage structure, driveway and areas to be filled to the Department for review and approval. These plans sh~l specify the manner in which the f~lling, gradJ_ug and actual construction of the ~,~ld~ug is to be done. Thereafter, the work sh~l~ be carried out in accordance with the approved plans. (c) The fill material to be used under the garage foundation sh~l ~ be cleau sand. A pervious material such as clean sand, gravel or m~rl may be placed as f~l in the driveway area. All f~11 material placed on the Site must be contained by boards, bricks or blocks or suitably vegetated, so the material is not carried to the tidal wetland area by natural drainage. (d) Before construction is begun, a Department representative sh~ll inspect the Site and clearly identify and mark on the Site the bou~iary line between the upland or adjacent area ~nd the high marsh or salt meadow. The Applicant sh~l ~ leave the high marsh area in its natural state and allow this portion of the Site to revegetate natur~ 1 y. The intertidal marsh area on the most northerly portion of the Site, shall also be left in its natural state. (e) Before construction is commenced the Applicant shall plant a vegetative screen or buffer zone between the garage/driveway area and the high m~rsh area. This buffer zone sh~ consist of two rows of plantings, spaced l0 feet apart, running approximately parallel to the southern boundary of the high marsh area as marked by the Department. The row closest to the garage (the southern row of plantings) shall be lO feet from the corner of the garage nearest the high marsh area. The buffer zone sh~ 1 begin a minimum of 5 feet west of the western edge of the driveway and extend to a point a mi~mum of 5 feet east of the most easterly side of the garage. The row closest to the high marsh area (the northern row) sh~ll be planted ~ith Japanese Black Pines, ~ 4 to 6 feet in height, spaced 6 to l0 feet apart. The southern row of plantings shall consist of a combination, at the discretion of the Applicant, of seedling stock of Japanese Black Pine, Autumn Olive and/or Rugosa Rose, also spaced 6 to l0 feet apart and staggered from the trees in the northern row. A proposed schematic for these plantings is shown on Appendix "C". In addition to these required plantings for a buffer zone, the Applicant is encouraged to plant additional shrubs both for wildlife and ornamental purposes to enhance values of the upland area and further reduce the visual impact of the garage. (f) The Department shall reserve the right to rescind the permit if it is found the above conditions are not being adhered to. P E R~41T NO. '~ ' · NEW YOTATE DEPART~.~ENT OF ENVIRONMENTAL CONSE'~ION T~'-15275-0105 ., PERMIT UNDER THE ENVIRONMENTAL CONSERVATION LAW ARTICLE 1S. (Prolection of Water) ~ ARTICLE 25, (Tidal Wetlands) ARTICLE 24. (Freshwaler Wetlands) ~.~ ARTICLE 36, (Construction in Flood Hazard Areas) PER,~41T ISSUED TO Virginia W. Suter ADDRESS OF PERMITTEE Beachwood Fo~d. Cutcho~ue. Town of Southold, Suffolk County, New York 1].935 LOCATION OF PROJECT (Section of stream, tidal wetland, dam, building) Beachwood Road: Cutchogue: Town of Southold; Suffolk C~m~y: ~ew Ynrk 11935 DESCRIPTION OF PROJECT ~ons~ruc~ion of 9;, foot by 2k foot gar~_~ iuel~ n~sar.v ~ll; _~'t-~d'in~ ~ COMMUNITY NAME (City, Town, Village) COUNTY ~e I Suffolk TOWN Southold FIA CO~tMUNI~NO. J DAM NO. GENERAL CONDITIONS 1. The permitlee shall file in the office of the appropriate Regional Permit Administrator, a notice of intention to commence work at least 4~ ~',eu~s in advance of the time of commencement and shall also notify him ~om~ly in writing of the completion of the work. 2. The permitted work shall be subject to inspection by an authorized i :epresentative of the Oepartmenl of Environmental Conservation who may o~der the work suspended if the public interesl so requires. 3. AS a condition gl the issuance of this permit, the applicant has cepted expressly, by lee execution of the application~ the full legal respon- sibility for all damages, direct or indirecl, of whatever nature, a~d 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 s~tl be removed evenly, without leaving large refuse piles, ridges across the ~ of the waterway or flood plain or deep holes that may have a tendency to cause iniury to navigable channels or to the banks of the waterway. 5. Any material 1o be deposited or dumped under this permit, either in the waterway or on shore above high-water mark, shall be deposited o¢ dumped at the locality shown on the drawing hereto attached, and, if so prescribed :.~'.ereon, 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 ~rk herein authorized. 7. That if future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion oi the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger :~.e heatth, 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- ~ent to remove or alter the structural work, obstructions, or hazards caused :hereby without expense to the State; and if, upon the expiration or revocation oi; this permit, the structure, fill, excavation, or other modification of the ,va:ercourse hereby authorized shall not be completed, the owners shaH, without expense to the State, and ~o such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or a~y portion of the uncompleted structure or fitl and restore to its former :oodition the navigable and flood capacity of the walercourse. No claim shah be made against the Slale of New York on account of any such removal or alteration. PER~/UT EXPIRATION gATE I,T~m]~'rqr~ 1; 1 9Ri'3 95-2O-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 he 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 estabHshed engineering practice and in a workmanlike manner. 11. If granted under Articles 24 or 25; the Department reserves the right fo 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 ~ermit, 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 no) a party to 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 36 of the Environmental Conservation Law and Part 500 of $ NYCRR (Construction in Flood Plain Areas having Special Hood 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. All construction work sh~U be carried out in a manner approved by the Department to prevent erosion and to protect the tidal wetland areas on and around the Site which are to be left 'undisturbed and undamaged. One 24 by 24 foot structure sh~11 be placed on the Site to be used only for garage, storage and workshop space. 17. Prior to the commencement of any work, the Applicant sh~U submit detailed plans sho~ring the exact location of the garage structure, driveway ~ud areas to be fil~ed to the Department for review and approval. These plans shaU specify the manner in which the f~ling, grading and actual construction of the b~dlding is to be done. Thereafter, the work sh~ be carried out in accordance with the approved plans. - 18. The f~ ] ] material to be used under the garage foundation shs1 ] be clean sand. A pervious material such as clean sand, gravel or marl may be placed as f~]] in the driveway ~rea. All fill material placed on the Site must be contained by boards, bricks or blocks or suitably vegetated, so the material is not carried to the tidal wetland area by natural dr~-inage. 19. Before construction is begun, a Department representative sh~11 inspect the Site and clearly identify and mark on the Site the boundary line between the uplaud or adjacent area and the high marsh or salt meadow. The Ap?~cant shall leave the high marsh area in its natural state and a] low this portion of the Site to revegetate naturally. The intertidal marsh area on the most northerly portion of the Site, shs1], also be left in its natural state. 20. Before construction is commenced the Applicant shall plant a vegetative screen or buffer zone between the garage/driveway area and the high marsh area. This buffer zone sh~11 consist of two rows of plantings, spaced l0 feet apart, running approximately pars] ] el to the southern boundary of the high marsh area as marked by the Department. The row closest to the garage (the southern row of plantings) sh~]l be l0 feet from the corner of the garage nearest the high marsh area. The buffer zone shs]] begin a minimum of 5 feet west of the western edge of the driveway and extend to a point a minimum of 5 feet east of the most easterly side of the garage. The row closest to the high marsh area (the northern row) sh~] 1 be planted with Japanese Black Pines, minimum ~ to 6 feet in height, spaced 6 to l0 feet apart. The southern row of planting sh~l] consist of a combination, at the discretion of the Applicant, of seedling stock of Japanese Black Pine, Autu~u Olive and/or Rugosa Rose, also spaced 6 to l0 feet apart and staggered from the trees in the northern row. A proposed schematic for these plantings is shown on Appendix "C". In addition to these required plantings for a buffer zone, the Applicant is encouraged to plant a~ditional shrubs both for wildlife and ornamental purposes to · enhance values of the upland area and further reduce the visual impact of the garage 2h The Dep~rtment shs~ ] reserVe the right to rescind the permit if it is found the above conditions are not being adhered to. June ]-4, 1978 Chief Permit Administrator ~AODR~SS N~S Dept. of Environmental ~onservation, 50 Wolf Road, AlbanL XXX 1802 XXXXXXXXXX June 28, 1978 Mr. Robert Seh Box 2 Mattituck, New York 11952 Re: Appeal No. 2322 Virginia Suter Dear Mr. Seh: In accordance with your request, please be advised that the above captioned matter has been rescheduled for Thursday, July 6, 1978, at 7:35 P.M. Yours truly, BABETTE C. CONROY Secretary WICKHAM, WICKHAM & BRESSLER, P.c. MAIN !~OAD~ PO, BOX 1424 MATTITUC½ LONG ISLAND 516-298-8353 J~e 15, 1978 Southold Town Board of Appeals Town Hall Ma~n Road Southold, NY 11971 Application for Variance Virginia Surer Gentl~: I have just received notice frc~ the New York Department of Environmental Conservation that they will grant Mrs. Surer a per- mit to erect a garage on her property at Beachwood Road, Cutchogue, New York. However, due to the proximity of the proposed garage to the wetlands, the Department has r~uired that the garage be no more than ten feet North of the private right of way known as Beach- wood Boad. Enclosed are two copies of a survey showing the proposed location of the two-car garage. The hays would be on the westerly side of the garage, with the driveway located approximately as sketched on the surveys. Please schedule this matter for your next mseting so that we may continue the hearing at that time. Very truly yours, AAW/ep Encls. Southold Town Board of Appeals -qOUTHOLD, L. I., N.Y. 11971 T¢lcphone 765-~660 APPEAL BOARD MEMBERS Robert W. GilUspie, Jr., Chairman Robert Bergen Charles Grigonis, Fred Hulse, fir. ~. ~o~e~ Se~ ~ox 2 11952 November 4, 1977 Re: Virginia Surer appeal Dear Mr. Seh: With regard to your letter of October 29, 1977, please be advised that we are unable to postpone the Surer application until next May. However, the hearing has been recessed in- definitely until we receive notification of a ruling by the D.E.C. We will notify you when this matter is again rescheduled for a public hearing. Yil~l~°urs ' . , · · p , · (~/ Chairman ' -- :med WILLIAM WICKHAM,~'.c. MATTITUCK~ LONG ISLAND October 28, 1977 Board of Appeals Southold Town Hall Southold, NY 11971 Re: Application for Variance - Virginia SUter Gentlemen: Because of a delay in connection with the application for a per- mit by the Department of Environmental Conservation, I must again re- quest that the hearing in this matter, rescheduled for November 3, 1977, be adjourned indefinitely. I had expected some action by the Department of Environmental Conservation by this time, but unfortunately, proced- ural delays have made it uncertain as to when we will have a determination. I will contact you as soon as we are ready for a hearing on the variance application. Very truly yours, Ablgall A. Wlckham AAW/ep cc: Mr. Robert Seh Bungalow Lane Mattituck, NY 11952 WILLIAM WlCKHAM, ..c. August 23, 1977 Board of Appeals Southold Town Town Hall Southold, N.Y. 11971 Re: Application for Variance - Virginia Suter Gentlemen: I have been unable to schedule an appointment with a field repre- sentative from the Department of Environmental Conservation prior to the adjourned hearing date of August 25, 1977. I plan to meet with the representative next week, in order to designate the edge of the wetlands on the survey. Therefore, I would like to request a further adjournment of the hearing. Very truly yours, Abigail A. Wickham AAW/emp Suffolk County Department ofPlanning Lee Dennison Executive Office Building Veterans Memorial Highway Hauppauge, New York 11787 Town of Southold Board of Appeals August 16, 1977 Petitioner: Virginia W. Suter Mun. File No.: 2322 S.c.P.D. File No.% SH-77-10 Gent lemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above captioned application which has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. ~xe decision of local determination should not be construed as either an approval or a disapproval. Comments: Subject to compliance with any conditions and setback restrictions set forth by the N.Y.S.D.E.C. as re~ards the "Tidal Wetlands Act". Very truly yours,'. Lee E. Koppelman Director of Planning GGN:fp by JUDITH T. TERRY TOWN CLERK P~EGISTRAR OF VITAL STATISTICS © O Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 To: From: Re: to: July 21, 1977 Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Application of Virginia W. Suter for a variance-Appeal No. 2322 I have on file in my office notification by certified mail Mr. & Mrs. Robert S. Rushmore, Beachwood Road, Mattituck, N.Y. Mr. Robert Seh, Bungalow Lane, Mattituck, N.Y. Mr. & Mrs. Arthur Reinhard, Beachwood Road, Mattituck, N.Y. ~Ter~y Town Clerk ~y~~ JTT/bn cc:file C O TOWN CLERK 765-3783 Building Dept. 1 Plenning Bal. 765-2660 Board of Appeals Town Of Southold TOWN CLERK'S OFFICE Main Road Sou~hold, N. Y. 11971 Pursuant to the C~eneral Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ......B.Oa-~Cl..of...A~pea].s~ ....... of fha town of Southold, N. Y. hereby refers the following (agency involved/ proposed zoni~ action to the Suffolk County Planning Commission: [check one) ..... New and recodified zoning ordinance Virginia W. Suter Beaohwood Road ............ Amendment to the zoning ordinance Cutchogue, NY 11935 ............ Zoning changes .......... Special permits ..... ~ .... Variances Location of affected land: ...N/S...Be.achw~o¢:l. Road...(P~/t....Rcl..).,...Cutchog. ue,...No~. ...... within 500 feet of: [check one or more) ............ Town or village boundary line ............ State or county road, parkway or expressway ............ State or county park or recreation area ............ Strea.m, or drainage channel owned by the county or for which the county has established channel lines ............ State or county owned ,parcel on which a public building is situated X Shoreline Comments: The Board recessed this hearing. They would like to know how far the garage Gan be set back without disturbing the wetlands. Date: AUgust.. 8., .~977 Chairman Title Date received by Suffolk Coun~ Planning Commission .................................................................. File No ............................... WILLIAM WlCKHAM,,.¢. MATTITUCK~ LONG ISLAND July 21, 1977 Board of Appeals Town of Southold Main Road Southold, N.Y. Re: Application for Variance; Virginia Suter Gentlemen: Enclosed is original and one copy of application for variance, notice with proof of mailing, two copies of survey, and check to your order in the sum of $15.00. Very truly yours, Ab±qa~l A. ~±ckham AAW/emp Enclosures BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : Virginia W. Suter : : to the Board of Appeals of the Town of Southold : TO: Mr. and Mrs. Robert S. Rushmore Mr. Robert Seh Mr. and Mrs. Arthur Reinhard to request a NOTICE 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 2. Thattheproperty whichisthesubjectofthePetitionislocatedadjacenttoyourpropertyandisdes- cribed ~follows: North side of Beachwood Road, bounded on the west by Creek Road, on the east by land of Seh. and on the north hy Creek gutter. 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: "A" -- residential and aqricultural 4. Thatbysuch Petition, theundersigned willrequestthefollowingrelief: qarage. permit to erect 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III, Section 100-32 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 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: ,T11]y ~O; lq77 · ner~~in.1 W~. Su~ter~. Pet~t~o a Post Office Address Beachwood Road Cutchogue, New York 11935 NAME Mr. and Mrs. Rushmore Robert S. PROOF OF MAILING OF NOTICE ADDRESS Beachwood Road Mattituck, N.Y. 11952 Mr. Robert Seh Bungalow Lane Mattituck, N.Y. 11952 Mr. and Mrs. Arthur Reinhard Beachwood Road Mattituck, N.Y. 11952 No. ~: Q/t ~' RECEIPT FOR CERTIFIED MAIL NO INSORANCE COVERAGE MIOV~EO- NOT FOR INTERNATIONAL MAIL (See Reverse) rd COUNTY OF SUFFOLK ) ~ENT TO Mrs. & Mr. A. Reinha STREET AND NO ~ U, SYXTE AND ZIP CODE Mattituck, New York ~. DA~E DELIVERED g ELLEN PRESTON , residing at 903 Main Street. Greenmort. New York , being duly sworn, deposes and says that on the -~2/Se day of July ,19 7 7 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Mattituck .; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this .2 1 5* day of Julv .19 77 / Notary Public Ellen Preston ~Blf;AUJ a WICKHAM o {17A (¢} / TOWN OF 13 2 52.1A[c) / / j 2 5.0A(c) LAND) 5.8A(c) 104.5 A 26A [c ) 4. lA(c) 1.5A(c) LAND) .O. 45 Iv'tAP OF' ! I ..I .,_~c,ale: 40':= ["