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HomeMy WebLinkAbout3495~: .........Z .... ~ 'otb 5/24188 Appeal not ac~ .Mok.i i S®udhod Town ®a rd ®f Appeals �•J�►Ol ,��® MAIN ROAD - STATE. ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBCRS GERARD P. GOEHRINGER, CHAIRMAN , CHARLES GRIGONIS, JR. SERGE DOYEN, JR. April 28 , 1 98 6 ROBERT J. DOUGLASS JOSEPH H. SAWICKI Mr . and Mrs . John E. Shirvell 1165 Pine Tree Road , RR #1 Cu'thogue , NY 11 935 Re : Appeal No . 3495 ( Variance ) Dear Mr . and Mrs . Shirvell : This letter will acknowledge receipt of your recent appli - cation . The members of the Board of Appeals will be conducting field inspections and environmental reviews as _m-ay be required. by State and local laws prior to scheduling your .application for a public hearing. It is requested in the interim that you proceed with the [ ] Planning Board [ ] N. Y'. S . D. E . C . [XX] Co. Health, Art. VI Subd. in order that they -may submit their written comments or recom- men'dations as early as possible . .. Upon receipt of their input , your application will be scheduled for the next .available hear-- in.g date . If the above document (s ) are submitted by early June , it is expected that the public hearing would be held about the early part of .July. A copy of the notice of hearings 'as published in the Long Island _Traveler-Watchman and the .Suffolk u Times will be sent to yo as confirmation . Please feel free to call at any time if you have any questions . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN Enclosures By Linda Kowalski cc : Planning Board f ' OUr T OSOZI; "I.D SQL Y Southold, N.Y. 11971 (516) 765-1938 April 16, 1986 John and Gloria Shirvell 1165 Pine Tree Road Cutchogue, NY 11935 Re: Set-off for John and Gloria Shirvell Dear Mr. and Mrs. Shirvell: The following action was taken by the Southold Town Planning Board, Monday, April 14, 1986. RESOLVED that the Southold Town Planning Board refer the following comments to the Board of Appeals with regard to the application of John and Gloria Shirvell at Cutchogue: 1. The lots proposed do not conform to _the two-acre zoning. 2. It is noted that while alot of the surrounding lots are less than the proposed lots, quite a few of the surrounding lots are larger than the proposed lots. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc. Board of Appeals y' --- -- " MAP OF PROPERTY OWNED BY J�OHN E. a GLORIA SHIRVE L L AT t _9 Poo/ CUTCHOGUE , NEW YORK SUFFOLK - CO. TAX MAP DESIGNATION well DIST. 1000 , SECT. 098 , BLOCK (,(PART I iOF LOT 7. 2 ) 1 //5 ^�'' !SCALE : I" = 40' f j COMPILED FROM SURVEY OF 50, We// I RODERICK VANTUYL , P.C. SMITH f JAEGER LICENSED LAND SURVEYORS ! DATED: MARCH 10, 1977 -# 9678-2 43 Poo/ ✓ /moo~--- �/7.0' o �� I /s:7 1 N64 31 20 E 266.62 /6.8 I 4 c./. fence =PROPOSED SEr— OFF Poo/ S.T. � � to Pool ; cD �` O :Pch — /0- 'Story i ® POULSEN �,. SHIRVELL � . � Ifr house I FLAHER T Y w PARCEL 'B �_..�----- gar ! o Well O 32 J � r 4O A8 ' ! t�wenf N N PARCEL A .�. 18.5' 26.79� �°.(97. 32 1 b _ ( /28.62'J -- ___j I — " S63013'50"W ' Y S640 31� 20� W 225.941 20.11 PARCEL A=2/, 780 Sq Ft ' /8•s PINE TREE R O A D PARCEL 8=22,204 Sq. Ft. 5 0' TO rAL AREA = 43, 984 .Sq. Ft. /. 0097 Acres WHEATON K I L D U F F BERNSTEIN Wells and pomis not located) I I j ---—--------- Me s Vve 6 z zll� to. o 1 12 UL fl�C7. sc F- NO 7- ----------- zh New k U71'. ire'"CH 0 C- Valid.truv�Cops. indicDtod h;;fP,-,n Nbe,11 run ID mr Woom tho cuneeV 06 an zt-ahall to Yea ScIlec-1111-nornal S'Loprcy, BnM irritiMiarl hst.d lhoracn 8nd Of th2?JO-adir-Y inni- v W, net tranallwabp,, injtitutior pr r,Ljhs mt. Al Ir", 4NO -7-0 D4 �FFo(k P D z T D Ln S Y Southold, N.Y. 11971 (516) 765-1938. April 16 , 1986 John and Gloria Shirvell 1165 Pine Tree Road Cutchogue, NY 11935 Re: Set-off for John and Gloria Shirvell Dear Mr. acid Mrs. Shirvell: The following action was taken by the Southold Town Planning Board, Monday, April 14, 1986. RESOLVED that the Southold Town Planning Board refer the,., ,:..,_ following comments to the Board of Appeals with regard to . the . application of John and Gloria Shirvell at Cutchogue: 1. The lots proposed do not conform to the two-acre zoning. 2. It is noted that while alot of the surrounding lots are less .than the proposed lots, quite a few of the surrounding lots are larger than the proposed lots. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Board of Appeals INJ P D T SO�v LD SFF TY Southold, N.Y. 11971 (516) 765-1938 March 25, 1986 Mr. John Shirvell 1165 Pine Tree Road _ Cutchogue, NY 11935 Re: Set off for John and Gloria Shirvell Dear Mr. Shirvell: Please let this confirm that the Planning Board reviewed the above mentioned proposal at the Monday, March 24, 1986 meeting. It was the consensus of the Board to set this proposal for a field inspection prior to any further review or action. Also, since the lots proposed are less than 2 acres, an application will also need to be made to the Board of Appeals. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary i : Board of Appeals i I o��FFot��o Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 24, 1986 To: Southold Town Zo.ning Board of Appeals From: Jud. t.h T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3495,=:application of John E. & Gloria Shirvell for a variance.. Also included is noti- fication 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 ; survey of property and other pertinent documents relative to this application. ith T. Terry Southold Town Clerk RKMVED APR 24 IM TOWN OF SOUTHOLD, NEW YOkR TM ( FAFAP L FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .-Apr4l.....1886..... TO TH E ZON I NG BOARD OF APPEALS, TOWN O F SOUTHOLD, N. Y. 1, (We) . John E. .E Gloria Shirvell .. of 1165 Pine Tree Road RR #1• ..•............ Name of Appellont Street and Number g ...HEREBY APPEAL TO :Cu cho..Ue............:................................................... .:N....Y.............. Municipality State THE ZONING BOARD OF APPEALS,FROM THE DECISION OF THE BUILDING INSPECTOR ON (Set .Off) ...... DATED ...........March: .... .1986 APPLICATION FOR PERMIT NO. ...................:.:........ .25.,.....9.8 .............. WHEREBY THE BUILDING INSPECTOR DENIED TO John E.'.ShirV,ell Name of Applicant for permit of 1165 Pine Tree Road, Cutchoque, N. Y. 11935 Street and Number Municipality State .... .... ... . . .... ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x ) SET. OFF LOT .(SUBDIVIDE) 1. LOCATION OF THE PROPERTY ..Pine: Tree.R.... >; Billard Rd. - Residential/A�ric. ........................... .................................... Street Use District on 'Zoning hSap 1000 - .098 BLK 1 • _• 00.7- 12 ,, ,,,,,,,,,. .Current Owner John E. 6 Gloria Shirvell Map No.. .. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by'number. Do not quote the Ordinance.) Article I I I Sec 100-:31 Bulk.Schedule .Col A40 . 3. TYPE OF APPEAL Appeal is made herewith for ( x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access. (State of New York Town Law Chap. 62 Cons.. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal kxxbdhas 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 .................................................................... :. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( x) Lot of insufficient width and area is requested for the reason that Unnecessary and unique: hardship exists Form ZB1 (Continue on other side) REASON FOR APPEAL Continued �NA 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties o¢runneces=,' "s( sory HARDSHIP because As noted in my letter of February 28,. 1986 to the Planning Board requesting a setoff, I was forced due to a physical disability,. to retire prematurely from the Suffolk County Police Department. This, disability makes it virtually. impossible for me to properly care for or fully utilize my .entire lot. Asa consequence, the westerly half remains unkempt in a neighborhood of fairly well tended lots. Although I cannot make use of or enjoy a major part of my property, 1• must continue to pay taxes on the entire plot. Because my pension is fixed at a level considerably below what I earned before my forced retirement,' this has and continues to cause consider- able. and increasing financial hardship'. Strict, application of the Ordinances would likely force me to relocate, preclude the possibility of any of my children (who "were educated in local schools and have established many personal ties to the community). returning to Southold due to the high cost of housing and permit a lot to remain in an unattractive condition not in keeping with the. rest of the neighborhood. 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 The westerly section of the: lot is undeveloped. It 'is situated on a corner with substantial frontage on both Pine Tree Road and Billard Road. It is -easily . accessible from either street. Because the westerly-:half of the: lot.lie's slightly lower than the eastern half of the- property, the- lot lends itself naturally-to . subdivision. To deny the subdivision,: in addition -to causing consider6l5le..fin- ancial and personal hardship, would leave intact a lot which does not comport with other properties in the- vincinity in appearance, size, configuration or situation. 3. The Variance would observe the spirit of the Ordinance and WOULD,. NOT CHANGE THE CHARACTER OF THE DISTRICT because As noted .above, the segment to be subdivided is a corner lot with easy access and substantial' frontage on two streets. After subdivision both lots would approx- imate or exceed the- size of most other parcels in the area. Subdivision 'would per- mit the- lot to be fully' -used and maintained in a manner which would improve the appearance of the- neighborhood rather than detract from it. STATE OF NEW YORK ) ss ....................... COUNTY OF ) Signature ? n . Sworn to this ........................22.4............... day of.....�f".et.6 ......... 19 .............. ......... Notar Public JOSEPH A.CONWAY NOTARY PUBLIC,STATE OF NEW YORK NO.4706461 SUFFOLK COUNM TERM EXPIRFS MARCH 30, 19 7 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of John E. 6 Gloria Shirvell NOTICE TO to the Board'of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Frank .6 Alberta Jaeger Sr. P. 0. Box 261, Lupen Dr. Cutchogud.,. N. Y.. 11935 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 Variance (Special Exception) (Special Permit) (Other) [circle choice] Variance for Set Off ) 2. That the pro�Perty which is the subjject of the Petition is located adjacent to your property and is des- . cribed as follows: NW/S. of Pine Tree Rd. and;the: intersection of Billard Rd. Cutchogue, New York 3. That the property which is the subject of such Petition is located in the following zoning district: Residential:/Agricultural 4. That by such Petition, the undersigned will request the following relief: To Set.-Off 22,204 square feet from anvexis,ting '43,984 square feet parcel 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III' Section 1007-31 Bulk Schedule Col A40 [ ] Section 280-A`, New York Town Law for approval of access over right(s)-of-way. 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. (516) 7t 5-1809. 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 representativer have the right to appear and be heard at such hearing. Dated:Z April .1.986 P titioner wners Names : John E. 6 Gloria Shirvell Post Office Address 1165 Pine Tree Road, RR #1 Cutcho ue:,. N. Y. 11935 .(Te 1 . (S16) 734-5;152 ) J. P 381 703 275 _ RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL PROOF OF MAILING OF NOTICI (see Reverse) ATTACH CERTIFIED MAIL RECEIP - setts NAME ADDRESS 0 I4@1_ Mas, rRr�r.�IL ZA��(�Se, u7 Street and No P O P 0, State and ZIP Code cl� vL aPostage Certified Fee J Special Delivery Fee i Restricted Delivery Fee Return Receipt showing �1 to whom and Date Delivered �J L0 co Return Receipt showing to whom, Dale.and Address of Delivery d TOTAL Postage and Fees S I o o Postmark or co3 co 0U. "g 0_L_ `<_ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: residing.at 1 �6 � �Nc�' ,c,- Q� "o—, 4/i e-40<L'C= , being duly sworn, deposes and says that on the Z day of d .ea2L' (1 , 19 �, 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- fic u G�'ka Ul:- ; that said Notices were mailed to each of said persons by certifie gistered) mail. 6'l-- 74-2 - Z7J Sworn to before me this day of AP A- L ,, 19 gi�74 Notary(/Public MARY ANN CYBULSKI NOTARY PUBLIC, State of New York Residing in Suffolk County No. 52.5895900 Commission Expires April 30, 19 e (This side does not have' to be completed on form transmitted to adjoining property owners.. ) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of John E. 8 Gloria Shirvell NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Edward E Brenda Flaherty 1215 Pine Tree Road C'utchogue, N. Y. 11935 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 ariance .(Special Exception) (Special Permit) (Other) [circle choice] Variance for Set Off 2. That the�pprroperty which is the subL*ect of the Petition is located adjacent to your propperty and is des- cribed as follows: NWPS of Pine Tree Rd. and the intersection of Billard I Gutchogue, New York. 3. That the property which is the subject of such Petition is located in the following zoning district: Residential/Agricultural 4. That by such Petition, the undersigned will request the following relief: To Set-Off 22,204 square feet .from an existing 43,984 square feet parcel 5, That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article . I I I Section_ 100731 Bulk Schedule Col A40 [ ] Section 280-A, New York. Town Law for approval of access over right(s)-of-way. . 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. (516) 7d5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the-date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices;that You or your representative have the right to appear and be heard at such hearing. Dated:,Z 7 April 1986 Pet loner Ow ers ' Names : John E. & Gloria Shirvell Post 0ce 1165 PddreTree Road, RR #1 Cutchogue, N. Y. 11935 .(Te 1 . (516) 734-5152 ) PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) EL4 to-w-f -L_ residing at 116 5-(71WLX FIZ (2-4 Cc� �'- being duly sworn, deposes and says that on the Z 7-t'day of Q v-C- , 19 8"fo , deponent mailed a true copy of the Notice set forth on there- 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 f Southold; that said Notices were mailed at the United States Post Of- f G u—G%&o 4 Ue vJ - ;that said Notices were mailed to each of said persons by certified) r/J istered) mail. Sworn to before me this 7 day of r� , 19 d'& Notary P lic MARY ANN CYBULSKI NOTARY PUBLIC, State of New York Residing in Suffolk County No.52-5895900 Commission Expires April 30, JAF (This side does not have' to be completed on form transmitted to adjoining property :owners.. ) I • L_.. FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERIC'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date .Moec(-(. . . . . . . . . . ., 19 .4 . To 1l./Nt .0 .9/0 z1.,9. . .�����1��� Y pp � •.. PLEASE TAKE NOTICE that our application dated . . . . . . . z.s. . . . . ., 19 , . for permit to . tJ . . . . . . .CSc!/ r�i ✓/<7C�. . . . . . . . . . . . . . . at _ r QQ Location of Property . . ���. . . . . . 14 . . . . . . . . . . . C.I�C�?�� �• House No. Street lHamle? County Tax Map No. 1000 Section . .Q�. 7. . . . . . Block . .P./. . . . . . . . Lot .0�.,�.•�2. . . . Subdivision . /t .119WWN#ff)iled Map No. . . . . . Lot No. . . 1. . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . lrG "IN 4J. . Z47./ZZ. . . . ..Q/.cce O. . .5 . .1:�7' . .!//�K.�/�.�:�.4�. . .4u�� LPL• . �. .�4���!�� . ���. ��.o�. . . . . . . . . .�.�C�.� . . or=. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . uilding. .. . . . . . .. . . . . . . . . . . . . . . . . B ..Inspector. . . . . . RV 1/80 FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall Southold, N.Y. 11971 765 — 1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in typewriter OR ink, and submitted noun to the Building Inspec- tor with the following;for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal—(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. Fees: 1. Certificate of occupancy $5.00 2. Certificate of occupancy on pre-existing dwelling $15 . 00 3. Copy of certificate of occupancy $1.00 4 .Vacant Land C.O. $5. 00 5 .Undated C.O. $15. 0 0 Date . . . . . . . . .'zt . lf� New Building . . . . . . . . . . . . . Old or Pre-existing Building . . . . . . . . . . . . Vacant Land . . . . . . . . . . Location of Property House No. Street Hamlet Owner or Owners of Property 7Z�IA'�.-. . . . a/Z�'� �/tGL. . . . . . . . . . ., . . County Tax Map No. 1000 Section . . �!.p. . , . . . . Block . . . . . . . . . . . . . Lot . . . 7: Subdivision !^�: �� M�✓/t'!�.Filed Map No. . . . . . . . . . .Lot No. . . . . . . . . . . Permit No. . . . . . . . . . . Date of Permit . . . . . . . . . .Applicant f?'l!`�. ��.S �a�`°�G... . . . . . . . . . Health Dept. Approval . . . . . . . . . . . . . . . . . . . . . . . .Labor Dept. Approval . . . . . . . . . . . . . . . . . . . . . . . . Underwriters Approval . . . . . . . . . . . . . . . . . . . . . . . .Planning Board Approval . . . . . . . . . . . . . . . . . . . . Request for Temporary Certificate . . . . . . . . . . . . . . . . . . . . .Final Certificate . . . . . . . . . . . . . . . . . . . . . . . Fee Submitted $ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Construction on above described building and permit meets all applicable codes and regulations. L zvw. Applicant . . . . . . . . . j . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rev.10-10-78 I 14-16-4(9/84) PROJECT I.D.NUMBER 11 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF REGULATORY AFFAIRS t[1:1 State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1 Project Information (To be completed.by Applicant or Project sponsor) 1. ApplicanVsponsor 2. Project Name John E. Shirvell. .t Wife Set-Off 3. Project location: Municipality Cutcho,gue. County Suffolk 4. Is proposed action: ❑ New ❑ Expansion ® Modification/alteration 5. Describe project briefly: Minor Set-O.ff of a 43,984 Sq. Ft.. Lot into 2 parcels. Parcel "A." To contaih' 21,780 Sq. Ft., 8 Parcel '!B" To contain' 22,2D4 'Sq. Ft. with and existing 1 Story Residence. 6. Precise location(road intersections,prominent landmarks,etc.or provide map) NWJS. of Pine Tree Road at. the: intersection of Billard. Road, Cutchogue, NY 7. Amount of land affected: Initially 1. 00.1. acres Ultimately 2-0.5+' acres Parcels 8.. Will proposed action comply with existing zoning or other existing land use restrictions? IN Yes ❑ No If No,describe briefly 9. What is present land use in vicinity of project? NResidential ❑ Industrial ❑ Commercial ❑ Agriculture ❑ Parkland/open space ❑ Other Describe: 10. Does action involve a permitlapproval,or funding,now or ultimately,from any other'governmental agency(Federal,state or local)? ❑ Yes ® No If yes, list agency(s)and permit/approvals 11. Does any aspect of the action have a currently valid permit or approval? ❑ Yes ® No If yes, list agency name and permitlapproval type 12. As result of proposed action will existing permittapproval require modification? El Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE John E. Shirvell .&. Wife Applicant sponsor ame: Date: Signature: V ot!✓f/ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II Environmental AI sment (To be completed by Agency) A. Does action exceed any Type I threshold in 6 NYCRR,Part 617.12? If yes,coordinate the review process and use the FULL/LONG FORM EAF. ❑ Yes ❑ No B. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR, Part 617.7? If No,a negative declaration may be superceded by anoO involved action. ❑ Yes ❑ No C. Could action result in ANY adverse effects on,to,or arising from the following:(Answers may be handwritten, if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic patterns,solid waste production or disposal,potential for erosir drainage or flooding problems? Explain briefly: C2. Historic,archeological,visual or aesthetic,or other natural or cultural resources;agricultural districts;or community or neighborhood character?Explain br? C3. Vegetation or fauna, movement of fish or wildlife species,significant habitats,or threatened or endangered 'species? Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources? Explain briefly. C5. Growth,subsequent development,or related activities likely to be induced by the proposed action? Explain briefly. C6. Secondary,cumulative,or other effects not identified in C1-C6? Explain briefly. C7. A change in use of either quantity-or type of energy? Explain briefly. PART III Determination of Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine.whether it is substantial, large, important or otherwis significant. Each effect should be assessed in connection with its(a)setting(i.e. urban or rural); (b) probability of occurring (c)duration;(d) irreversibility;(e)geographic scope; and(f)magnitude..lf necessary, add attachments or reference supportin materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identifies and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. They proceed directly'to the FULL/LONG FORM EAF and/or prepare a positive declaration. i ❑ Check this box if you have determined, based on the information and analysis above and any supporting documentatior that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and of attachments as necessary, the reasons supportng this determination: Agency Name Agency Preparer's Name Preparer's Signature/Title Date Ttie U. Y . S .-_ Environ men tal Q,uaIity Review Act require; sub- mission of t' form, and an environnien - review will be made .by this lard before any action is- -- _. ken . SNORT ENVIRO`MENT.AL ASSES.`;!!F-.'!i I:CP'1 IN5TPIICT1G`.S: (a) In order to answer the questions in this short EAF is is asa«ned_ that the preparer will use currently available infor-ztion concorming the project and •he likely impacts of the actions It is not expected that additional studios, roaearch' •• -Or ether investigations will be undertaken. '.(} •; '• (b) If any question has been answered Yes the project may be significant and a' ' . -ccmaletcd Envirc=...ental Assessment Form is necessar-/. `� '` �• (c) If all questions have been answered No it is likely that this project is .;. ' nc, significant. k (d) ! Environmental Assessment 1. Will project result in a large physical change to the ro+ect site or h7 sicall P ., p I y alter more than 10 acres of land? Yes • ` No • 2. Will there be a major change to any unique or unusual land form found on the site? . . . Yes NoI 30 Will project alter or have a large effect on an existing body of water? . . . . . Yea X 110 L. Will project have a potentially large lmpactr on 9 oundwater quality? Yes HO �. Will project significantly affect drainage flow on adjacent sites? • • • • • • • . • • • • Y03 6• Will project affect any threatened or endangered plant or animal species? Yes No ' 7• Will project result in a rcajor adverse effect on • air quality? Yea lie ;. 8. Will project have a rrs jor effect on visual char- acter of the community or scenic views or vistas known to be important to-the cormunity? Yes >(' No 9• Will project adversely impact any site or struct- ure of historic, pro-historic, or paloontologicul importance or an site designated F Y as n critical environrnent.al area by a local agoncy? Yea No 10• Will project have a major effect on existing or future recreational opportunition? Yes 110 11• Will project result in major traffic problems or cause a major effect to existing transportaticn systerrs? • • • • • • • • . • • • Yes NO 12. Will project regularly cause objectionable odor, noise, glare, vibration, or electrical disturb- ance an a result of the project':; operation? Yes No 1). Will project have any impact on public health or safety" •, • • • • • • • • • • _—' Yea 1;0 1L. WM project affect the existing community by directly causin4 a growth in permanent, popula- tion of more than 5 percent over a one-yoar period or have. a ma for negative effect on the character• of the cor._•nunity :r r.ei4htorhood? . Yes No 15. Is there pirb i centr v rsy concerning the prole:--? Yes No TITLL': dGci,y4i11Z- P';'rR ESENT INN: aitN E- �610��� � ��c-cL DATE: ��o��C 2- 9/1/)a Vf d; y ' s Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Rc : Appeal Application of -roNAJ �G.or- 9e419,VL-;C Location of Property: l�CvS' ire �RE�- ;ZQ . �iJTGGI�s 4 l!C,. d�y 5/• �l R 3 S Dear Sirs : In reference to the New York State Tidal Wetlands Land-Uoce Regulations, 6 NYCRR, Part 661, and Article 25 of the Nea York State. Environmental Conservation Law, please be advised that the subject property in the within appeal application: (Plea Su, check and box) , [ ] May be loci tcd within 300 feet of tidal wetlar.do ; however, constructed along, the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length. * [ ] Mav 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. [ l May be located within 300 feet of tidal wetlands ; and there is no bulkhead. or concrete wall e.xis"_ng on the premises. - [ �(] Is not located within 300 feet of tidal wetlands to the best of my knowledge . * [Starred items ' (*) indicate your property does not appear to fall within the jurisdiction of the N .Y.S . D. E.C. ] Sincerely yours, PiNlliainuD.E.C. r-e please) NOTE: If proposed project falls jurisdiction , approval must be received and submitted to our office before your application can be scheduled for a public hearing. Fo(� P �f D T cn L D S Y Southold, N.Y. 11971 (516) 765-1938 March 25 , 1986 Mr. John Shirvell 1165 Pine. Tree Road Cutchogue, NY 11935 Re: Set off for John and Gloria Shirvell Dear Mr. Shirvell: Please let this confirm that the Planning Board reviewed the above mentioned proposal at the Monday, March 24, 1986 meeting. It was the consensus of the Board to set this proposal for. a field inspection prior to any further review or action. Also, since the lots proposed are less than 2 acres, an application will also need to be made to. the Board of Appeals. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Board of Appeals TITLE No. 8008-083480 & S DESCRIPTION i I i ALL that certain plot, piece or parcel : of land situate, lying and being at. Cutchogue, Town of Southold, County of Suffolk and State of New York , bounded and described as follows: BEGINNING at the corner formed by the intersection of the easterly side of Billard Road and the northerly side of Pine Tree Road; running thence north 26 degrees 46 minutes 10 seconds west along the easterly side of Billard Road 170 feet to a point; thence north 64 degrees 31 minutes 20 seconds east 266.62 feet. —along land of Paul to a point; thence south 22 .degrees 04 minutes 40 seconds east along land of Flaherty, 169.65 feet to the 'northerly side .of Pine Tree Road; thence south 64 degrees .31 minutes 20 seconds . • . west along the northerly side, of Pine Tree Road 225.94 feet; running -thence south 63 degrees 13 minutes 50 seconds west 26.79 feet to the corner, the. point or place of BEGINNING. DESCRIPTION Suffolk County Tax Map Designation District 1000, Section 098,* Block 1 (Part of. Lot 7.2) OWNERS: John E. & Gloria V. Shirvell 1165 Pine Tree Road,RR#1 Cutchogue:; New York .11935 Tel. (516) 734-5152 ADJO.IN.ING. OWNERS: , Edward Brenda Flaherty 12'15 Pine Tree Road,. RR#1 .Cutchogue.,. New York .1:1935 Tel. :(5 T6) 734-7554 Frank. :& Alberta Jaeger, Sr. P. 'O. Box :261 Billard Road, RR#1 Cutcho.gue, New York 11935 Tel (516) 734-5264