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3718
CA-approval of access concerning premises having insuff, area and width. Southold Town Board of A ppeals 6 ..� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD nnEnneERs ACTION OF THE BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Appeal No. 3718. TO: Rudolph H. Bruer, Esq. as Attorney for PATRICIA STEGNER Main Road Southold, NY 11971 ,o At .a Meeting of the Zoning Board of Appeals held on June 9, 1988, the above appeal was considered, and the Action indicated below was taken on your Request for a Variance to the .Zoning , Ordinance, Article XI, Section 100-119.2B: Upon application for PATRICIA STEGNER to locate new dwelling with an insufficient setback from existing bulkhead. - Location of Property: 470 Private Road #12 (off the South Side of Main Bayview Road) , Southold, NY; County Tax Map Parcel No. 1000-78-6-5 and 10.2 (now 10.3) . WHEREAS, a public hearing was held and concluded on June 2, 1988 in the Matter of the Application for PATRICIA STEGNER under Appeal No. 3727; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; "and WHEREAS, the Board made the following findings of fact: (CONTINUED ON NEXT PAGE) Page 2 - Appl . No. j/ 18 Matter of .PATRICIA STEGNER . Decision Rendered June 9 , 1988 1. The premises in question is located along a private right-of-way extending off the south side of Main Bayview Road, Southold and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 78, Block 6, Lot 10.3. 2. The subject premises is also known as Lot'-No. 1 on the Set-Off Division Map dated January 22, 1988, prepared by Roderick VanTuyl, P.C. and recently approved by the Town Planning Board. 3 . The premises in question is improved by an existing small accessory tool shed building located in the immediate northerly yard area situated approximately five feet from the northerly property line, 15 feet north of the proposed dwelling location, and approximately 13 feet from the bulkhead, at its closest points. 4. By this application, appellant requests a Variance from the Provisions of Article XI, Section 100-119. 2B to locate a principal building for single-family dwelling use 30 feet from the outer edge of bulkhead and more particularly depicted on the sketched map prepared 4-26-88 by George H. Fisher, Draftsman: 5. Article XI, Section 100-119.2B of the Zoning Code requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary high- water mark .of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. 6. For the record it is noted that the subject premises was the subject of a prior appeal under File No. 3174 and conditional approval rendered March 17, 1984, concerning the lot and 280-a. 7. Southold Town Trustees approval for a waiver was issued May 25, 1988 with conditions. 8. It is the position of this Board that: (a) the relief . requested in. relation to the existing nonconforming setbacks in - the immediate area is not substantial; (b) the project as alternatively granted is not- out of character with the neighborhood since there are other properties with the same or similar setback; (c) the circumstances of the property are unique; (d) the variance requested is the minimal necessary; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town; (f) there is no other method feasible for appellant to pursue other than a variance since the zoning setback restrictions as to frontyard and setback from existing bulkhead would render the parcel unbuildable; (g) in view of all the above factors, the interests of justice will be observed by the conditional grant of this variance, as noted below. _ Pie .3 - Appl. No. . L8 Decision Rendered 9, 1988 Matter of PATRICIA STEGNER Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance for the placement of proposed dwelling with an insufficient setback at 30 feet from the outer edge of existing bulkhead and placing accessory tool shed at the northerly yard area (as exists.) in the Matter of Appeal No. 3718 in the Application of PATRICIA STEGNER, SUBJECT TO THE FOLLOWING CONDITIONS• 1. Compliance with the Floodplain. Elevations requirements for the lowest floor at the minimum elevation, without utilities, pursuant to Chapter 46; 2. Location of paved right-of-way not to. be extended to the west into this parcel's frontyard area (east of proposed house) ; 3 . Setback from bulkhead be not closer than 35 feet; 4. No further principal building setback reductions in the rear (westerly) yard area or front (easferly) yard area. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. lk GERARD P. GOEH INGER, �I'AIRM�IN" NOTICE OF HEARINGS NOTICE -IS HEREBY GIVEN , pursuant to Section 267 of the Town Law and the Code of the Town of Southold , the following, hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Special Meeting at the Southold Town Hall , Main Road , Southold , New York , on THURSDAY , JUNE 2 , 1988 at the following times : 7 : 3.0 p .m . Appl . No . 3718 - PATRICIA STEGNER.' Variance [NY; the Zoning Ordinance., Article XI , Section 100- 119. 2B., fo.r rmission to locate new dwelling with an insufficient setback om existing bulkhead . Location of Property: 470 Private ad #12 (off the South Side of Main Bayview Road) , Southold , County Tax Map Parcel No. 1000-78-6-5 and 10. 2 (now 10 . 3) . 7 : 35 p .m. Appl . No . 3723 - ANGELO SPETSIOTES . , Variance to the Zoning Ordinance , Article XI , Section. 100-119 . 2E for permission to construct deck addition at rear of dwelling with an insufficient setback from existing bulkhead at Budd ' s Pond , 1045 Budd ' s Pond Road , Southold , NY ; Willow Point Subdivision Lot #11 ; County Tax Map Parcel No. 1000-56-5-13. 1 (or 13 ) . 7 : 40 p .m . Appl . No. 3732 - ROBERT' E. BIDWELL . Special Exception to the Zoning Ordinance , Article III , Section 100-30B (14) for a Winery for the production . and retail sale of wine produced from grapes primarily grown at the Bidwell -'Vineyards , premises. located at the South Side of C. R . 48 , Cutchogue , NY; County Tax Map Parcel No . 1000-96-4-4 . 3 (prev . p/o 4. 1 ) . 7 :45 p.m. Appl . No. 3717 - FREDERICK KOEHLER , JR. Variance to the Zoning Ordinance , Article XI; Section 100-119. 2B for per- mission to locate accessory structure along existing bulkhead at Cutchogue Harbor , premises known as 575 Old Harbor Road , New Suffolk , NY ; County Tax Map Parcel No . 1000- 117-3-6 . 7 : 50 p .m. Appl . No . 3729 - GEORGE R. FURSE . Variances to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule for : (a ) approval of insufficient lot area of proposed Lot #2 ; (b) approval of insufficient lot depth of proposed Lot #2 ; (c ) approval of yard setbacks as apply from the new division line to the existing dwellings . Location of Property : Right-of-way off Bell Hill Avenue , Fishers Island , NY ; County Tax Map Parcel No . 1000-009-03-002 , containing 3. 64± acres , Page 2 - Noti ce of Hi i ngs Southold Town Board Ur Appeals Special Meeting — June 2 , 1988 8 :00 p .m. Appl . :No . 3730 - ESTATE OF DOROTHY RUSSELL . Variances to the Zoning Ordinance , Article III , Section 100-31 Bulk Schedule for : (a ) approval of insufficient lot - area of proposed Lot #land Lot #2 ; (b) approval of insufficient lot depth of proposed Lot #2 ; (c ) approval of insufficient yard setbacks as apply from the new division line to the existing dwellings . Location of Property : North Side of Beach Avenue and West Side of Heathulie Avenue , Fishers Island , NY ; County Tax Map Parcel No. 1000-009-11 -9. 1 (prev . 9) ,. containing 2± acres . 8 : 10 p .m'. Appl . No . 3731 - NORTH FORK COUNTRY CLUB. Variance to the Zoning Ordinance , Article III , Section 100-32 for approval of the placement of accessory gazebo structure in the frontyard area , premises known as 25650 Main Road , Cutchogue , NY; County Tax Map Parcel No . 1000- 109-4-Lots 13 3 , 4 , and 7 .-- 8: 20 p.m. Appl . No . 3727 - DOROTHY ABBOTT. Variances to the Zoning Ordinance : (a) Article -III , Section 100-31 , Bulk Schedule , and (b) Article XI , Section 100- 119. 2A, for approval of attached deck with an insufficient easterly sideyard setback and insufficient setback from top of bluff along the Long Island Sound , premises known as 380 Private Road No. 3 (extending off the West Side of Rocky Point Road ) , East Marion , NY; County Tax Map Parcel No. 1000-21 -1-2 . 8 : 30 p .m. Appl . No. 3726 - 'CLIFF & PHIL' S LOBSTER HOUSE. Variance to the Zoning Ordinance , Article VI , Section 100-60C for permission to erect off-premises-advertising sign for restaurant (previously Beachwood Cafe ) . Location of Premises for Sign : South Side C . R. 48 , Southold , NY; County Tax Map Parcel No . 1000-59-10-4. (Owner: Edward �F. Koster) . 8 : 35 p .m. Appl . No . 3721 - RUSSELL E. PLANITZER. Variances to the Zoning Ordin-ance , Article III , Section 100-32 for permission to locate pool , fence enclosure , pergola structure , and part of garden enclosure , in the frontyard area . Location of Property: Private Road , Wilderness Point , Fishers Island , NY; County Tax Map Parcel No . 1000-12-2-6 . 5 , 6 . 9 (prev . 6 . 6 ) . The Board of Appeals will hear at said time and place any and ' all representatives or persons desiring to be heard in each of the above matters . Each hearing will not start before the time allotted . Written comments may be submitted prior to the conclusion . of the subject hearing. For more information , please call 765- 1809. DATED : May 12 , 1988 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER , CHAIRMAN Linda Kowalski , Board Secretary FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL File No. . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . Date . . . . ... . . . . .. 19 To D a� . .�" . .9.l. tvn,G . . .�1 . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . .`!Y��f%• • . . . �/. . . . . . ., 19 C7 for permit to construct . . . . U?7it . v . . . . . . . . . . . . . . . at Location of Property . . . . . . . . . . .�Q fell a.it! . .!mot W J'01-�� House No. Street Hamlet County Tax Map No. 1000 Section . . . . . . . . Block . . . . � . . . . . . . Lot 14. .3 . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. Lot No. . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . . ..0. . . . . . . . . ,lam '. . . . . ' . . . . ,�". .`. . &4. .( . . . . . . . . . . . . . . 140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � . . 4. 0. . . .-,.. . . �.d.O. . �',., ,. . a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector RV 1/80 /7/d�--,K 3.5�S�rY, MAR 4 7 1988 TOWN OF SOUTHOLD, NEW YORK APPEALSJJRMd13 � rQF BUILDING INSPECTOR APPEAL NO. 3 DATE 0....., �........ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD,, N. Y. 1, (We) .............. ........... of .....11.. � ? 1..,:� ............................ Name of Apl5ellant I Street and Number ...... ............ ........?:r............................................ .. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ............... � �. ..... ..... ................ Name of A��pppl��ica``n�,t for permit �j of ....�'rv'`� C........... r�icip- . .,Street and Number MunState ( ) PERMIT TO USE (� PERMIT FOR OCCUPANCY � _P © << R�� .� ' 1. LOCATION OF THE PROPERTY ............. . ........................ ..............�..:..... P Street /Haml / Use District on ZoningMa District 1000 Section '7kBl ock Lot/0 . ............................................ . . ... ...........!��Current Owner � Map No. Lot No. prior Owner _ 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 Section /D-ft 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (f�`) A VARIANCE to the Zoning Ordinance or Zoning Map . ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (9 (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 ( V) request for a variance cX®—a- and was made in Appeal No. .... ` REASON FOR APPEAL A Variance to Section 280A Subsection 3 (VI) A Variance to the Zoning Ordinance is requested for the reason that Form zsi (Continue on other side) J ., REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce 'practical difficulties or unneces- sory HARDSHIP because /� p ,9 /GLy` S Q GEC, lej . f , 1 W- 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 01 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEA YORK ) ss .................. .. COUNTY 0 ) Signatur Sworn to this `/ ............ ........................... day of.........✓:•.r.f,.,T Zud Notary Public Notary Public,State of NowEYork Rio. 52-8125850,Suffolk Co untv Terra Expires October 31, 1 TOWN OF SOUTHOLD PROPERTY RECORD CARD °-' OWNER STREET VILLAGE DIST. SUB. .LOT TRMER OWNER N 22 E ACR. f S `< W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS _ r P gp ys (o r� c.) 6 0 o i 3 // e- L / _ D lles-qi rvF To- F Gam? 4 - 0 rb,2 _ qe, I-tf �ar a Gra Ea cl. , c, :I ..i AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable -2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH g 0 BULKHEAD 1:a Total DOCK ti TOWN OF SOUTHOL.D PROPERTY RECORD CARD NER STREET VILLAGE DIST. SUB. LOT /v/ J r+r". �c--UCH/,..;_ - !1 �1 I L•'� .)i�.. FORMER OWNER N 1 E ACR S �J f W TYPE OF BUILDING (F G , RES. SEAS. �D VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS 5 �o 6 th r � v �� •i D •>2 3 d �:� - 3 / ��-> �':.�.':;�'�'���2�°•3��.. �o ' � :� ' °io �a ,,:..�wf.,c. lE'ST I $ �/ •/S 4Q 9• Tep it V,/ 10 t + r C�_FNai ro AGE BUILDING CONDITION - NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD Total r., r- DOCK COLOR TRIM ` �•ry r�"� a M�. � �. � r•+"r..c'.s.:.�N"p t„FX�2'.t�'�'h�.t-*. +t M. Bldg. 9 3 Q _ Foundation Bath j Dinette Extension /X / r S a �'' Basement �® Floors K. Extension .S'Y 9 5 Ext. Walls ram. Interior Finish i , LR. Extension Fire Place J,r� HeatT DR. Type Roof Rooms lst Floor BR. Porch �, © !� 7 / Recreation Room Rooms 2nd, Floor FIN. B. Porch Dormer Breezeway Driveway Garage. Patio 0. B. Total l IDEPAMM""EAtT.WM AV FOR APPROVAL OF CONSTRUCTION OF. LL S Single Fam ily -Only kRe Residence' ML•Z5-. /- ,J VAR —7-7.;-- 7-7 ICA. -EXPIRES.-TM -.DATE Of App4RD �jp ru. rk ko ._7 7 M* 3.'7 _Z1 do n led Am ! 41 T'r r A'STO A � &I.:' � " .4 , , _a PRY . 0.5, h 'j5 f 5-9 5540 of Jo 00 D'a �iLl oc dip LOWE5T ivLOC�P_ Ec _j L F FQ L Y_ CO. D R'17 'C�P.9 EALTH C.a Vic • 0 ZAN X A- 0 CS2 _j FA p P"" D' 5, LAN . - a �,. '•V Y.,,.. , s'�` ',.:r.4 ti-q-�- \. t '- " Q - '- 11L �?A+R^„R!.:••^i'77- :�-!_•t_?�-r-• 7-C- ci�r ''` .�rZ.,'l,.L�I���1 . 17�K 'C7Y..!1i is 1 .. r'7,7--` ,- `. L's'��k,.. -.r' '�" ` �`�{•••�.-�.:.:f�,''�(�,:/'� .- + --z " �"7' lr : r I d 1 .,._[.. _;,.. s�V �L'.l La:llLw:.` , . No/- - :3 4:Y`;A 1Q„- Ee J E:;.575d "` ,_P 45 : ;�cT2E. := r..,1.'. , . C '`' ; `'fig#i s '' UFFBI:K-60dP�11�DEPARTMEN�B�t F tC1. �1 r T- , me �� FOR APPR�VAC OF CC1�5TRtfCTiON Cf : 1 `1uit t:. f",.- Single`Family Residence GF yf. - _�,-;�= :t ' "- . - r+•.^ri+eti yv-.•.�°�f�,.Lr.,b,w ;L.}..r.i.,,i< .. ;ti`•1 . ?tom_ _; ,.r. - U/iTE- , ..1 7C(}� fIS REF. hT0%f '�•�`�`.J°�_ 5 '`s `'�-"�'. ra V 1` t ;� s_.- _. ..tf,..4._•.--�+t-..+aw-�.wd�� �i+�y:. :.`qiy r .a_ :. 3 :: r•Y,zi-� Iir �.i - +._ is r t ; r 4 _ :...• a, w- _ 4 `-wd,!•- "r4,h. aih; :+�r 'ml, A° ,<4,, _ , <' `, f �y .APPROVED - y ) - �;;' "::.,,' ''"1 _ _ _ �a. 1 . „:.:. ,; _ :., . :; !t: _ •l fxPIR1 .ES TWO YEARS FROM DATE'OFrRPPROVA� :h -,- :J ;aofr _ •.5'- i^+.� =tom. y '>as+-,rv.mi..�:�s.,,«,vim.- r-t - -- T tir 1�� «,,. })�t�1�� lil p.,i6td,,a66' rtt}i t) t r. `S+^ of - _'. + `�,. -"r_.�--�- r `1, �p r' - y,^.,=e.. :�I, i.,J�(' f M `S'.. `J,1:' .. _ rYlrasatv�abnsrd6i+s7t..f�.nr-awa�.�.�'...':tl. r;j ','," ••..-,.'l i,.- 4. 1. 111�1 ;1•. .=:1. 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I V -EXS • .Q. �T.N,4A{' �.a•} _ .�. • a, ;,, - �d._ t - W.. r1 -1' a W.'.f.a ��•5±t_ �, `-'.l .:.+t;.,.. .. - `� • •-..,.LM�I. �ts��i •b 't JrtY..y` 'y'v •s + lr�""��<`��'ray-•°w/'-:;;j;,:�,y���y`n, 'LG."!.,i' ja'' �• ..;_"r ,:4 y-'.-4, Sr•. ;:,/ •`f ' A ? 1 a, li.r,-yt,• rJ Y r'v�`-. _y':,f��,�yti t1G'�r�4�?r Y}�.Rtjle r.� -,--, - _y{."y�'•.A-'��'r `Y_ 4 aa'^k, w -�` . it:, +a� ` _11: 7e'4' ,..r.•.G,:�, ��.x.t'rYfr:Y, _ y�.T' � J`Yf�..r_` .t_iP.a. _;y. - ,'_._�y y . 1 ry'+•�r�G/`F t- .1 ,.• " • '� f'yF ly-.. r F` - " 6''^••sfi . .` .�-:.� , .4 - ..rIT- .t.•rJ�,J �_% .X, l.. �1';_Y,vyl�' . +•.- ., �!}' - - .,. . . COUNTY OF SUFFOLK a PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN 360-5206 .� DIRECTOR OF PLANNING July 6, 1988 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. �Applicant(s) Municipal File Number(s) /Patricia Stegner 3718 North Fork Country Club 3731 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY _- HAUPPAUGE• L.I.• NEW YORK 1 1788 i (31 6)360-$1 92 CL r � h Southold Town Board of A eats pp MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI, Pursuant 'to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers th.e following to the Suffolk County Planning Commission : XX Variance from the Zoning Code , Article XI , Section 100-119. 2B Variance from Determination of Southd`ld Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 3718 - Applicant : Patricia Stegner Location of Affected Land : 470 Private Rd. #12 off Main Bayview Rd. , Southold, County Tax Map Item No . : 1000- 78-6-5nand 10 . 3 NY Within 500 feet of : Town or Village Boundary Line XX Body of Water (Bay , Sound or Estuary ) State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-o;f Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS: Applicant is requesting permission to locate new dwelling with an in�uffiriPnt }j }s from c�xiStin� hnikhPa� Copies of Town file and related documents enclosed for your review. Dated : July 5_, 1988 Lire 8 Southold Town Board of Ap e Is MAIN ROAD STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS June 30 , 1988 JOSEPH H. SAWICKI r Rudolph H. Bruer , Esq . Main Road Southold , NY 11971 Re : , AppT. No. 3718 - Patricia Stegner (Variance ) . Dear Rudy: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals , the original of which has this date been filed with the Office of the Town Clerk. Please be sure to return to the Building Department* for issuance of any permits or other approvals in writing as may be applicable . Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765- 1802 ) if you have any questions . Yours very truly, GERARD P . GOEHRINGER CHAIRMAN Enclosure Copy of _Decision to : Building Department By Linda Kowalski *Town Trustees Suffolk County. Planning Commission RANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, JUNE 2, 1988 Appl_ No. 3718 Applicant(s) : Patricia Stegner Location of Property: S/s Main Bayview Road, Southold County Tax Map No. 1000- Board Members present : Chairman Goehringer .P. Goehringer, Members: Doyen, Douglass , Grigonis and Sawicki . Also Present: Victor Lessard, Building Inspector and Linda Kowalski , Secretary of Zoning Board of Appeals. The Chairman opened the hearing 7 :35 o ' clock p.m. and read the legal notice for the record. Motion was granted to waive the reading of. the application. CHAIRMAN GOEHRINGER: If nobody has any objection, I 'd like to forego the reading of the actual application in an attempt to just speed the meeting up a little bit and I ' ll offer that as a motion gentleman. Motion moved and seconded to eliminate the reading of the legal notice. All in favor - AYE. CHAIRMAN GOEHRINGER: Does anybody have an objection to my not reading the application? Ok. Seeing no hands, I ' ll start with the first application. The first appeal.. is on behalf of Patricia .Stegner. It is appeal number 3718. It ' s one dated January 22, 1988, the most recent date from Roderick VanTuyl , P.C. indicating a proposed house approximately 30 feet from the line which would be the property line under water. It appears -that the property has raparian rights and I don' t see the actual line footage from the right-of-way. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard on this one? MR. MCLOUGHLIN: I 'm here of council to Esseks and Brewer on be- half of the petitioner. Basically it ' s a petition for a variance from the 75 foot setback requirement. The Stegners have obtained basically all the other approvals. They had a setoff granted by the Planning Board back in ' 84. They have received Health Depart- ment approval for the well and the septic system. My understanding is, I believe today that the Town Trustees have issued a waiver which I believe you now have in your file. It was supposed to be delivered to you today. And there is also, the D.E.C. has issued a non-jurisdiction letter. As you can see from the survey and the file , it ' s kind of a unique shaped flag type lot . And in order to be able to build any kind of single family residence on this proper- ty, this type of variance is going to be required. Anybody who 'has "age 2. - Thursday, ne Public Hearing - Pa' icia Stegner" Southold Zoning Board- of Appeals- MR. MCLOUGHLIN (continued) : gone out and taken a- look- at the property,. can easily see that . .. most if not all the surrounding properties are located at least this close to the dredg'ed .canal . So I don' t believe by granting this variance from the setback 'requirement', is going to have any impact on the character of the neighborhood: I think you.' ve got .pretty much everything in the file that you need to make' a deci- sion on this. and the Stegners are here and I 'm here to answer any _questions that anybody .might have. CHAIRMAN GOEHRINGER: Let 's start 'with' the setback from the bulk- head, not from the property line. Do you have a figure for me there? MR'. MCLOUGLIN: What date did you say you have on your survey? CHAIRMAN GOEHRINGER: I have a January 22, 1988 survey. "MR. MCLOUGHLIN: Ithink that ' s an old pne. I believe -.it shows the '30 foot setback from the -existing bulkhead. CHAIRMAN GOEHRINGER: ' Thank you Mr. Stegner. ' .Now we `re showing 30 '.feet from- the bulkhead. Let me just ask you this question, you' re actually incorporating the right-of-way lot with this lot now. Be- cause at one time there were two separate parcels. Right? I can remember when this particular application before us probably when you bought the premises in 1984 or prior to that. MS. STEGNER We bought the premises in 1976. "CHAIRMAN-"GOEHRINGER: .Ok. - Whenever dt came .before us, I'' think it -was 183/ 184,::whatever. I think you asked us to divide it -into three separate parcels at that time wasn' t it? MR. STEGNER::. It was three parcels. -: We asked you to combine . the 50 .foot road -with 'the waterfront parcel CHAIRMAN .GOEHRINGER: Ok. So that ' s the reason why the pools are -actually going into the other parcel which is now incorporated as one- and that.' s-. the .reason why. .we ' re -calling- -it on: the application _ 10.-3 or whatever we call it in the legal notice. Now 10. 3. So that ' s the reason why it ' s 10.3. So we ' re going to go 30 feet from the bulkhead, not from the property line' which is out in the dredged area=. _Ok-. ._ •_So..:it.:has•. a vast-change in -reference to'-the setbacks be- cause the setbacks, :although they are transverse by a right-of-way or by other people using the property, . that the setbacks are much greater That 'makes a big difference. Because I was down there on Saturday and it' was kind of difficult to understand it" based upon what I had. I 'm just concentrating on it for a second Kevin. I ' ll be right- with you. The question basically .is; where does the trans- of the right-of-way exist? Farther to the north or farther to the south?- -. Is it -closer to your house. age 3 - Thursday, ne 2, 1988 Public Hearing - Pi icia Stegner Southold Zoning Board of Appeals MR. STEGNER: I think if you notice, the 15 foot right-of-way is between the border line on the house across the road and I can' t get north and south. CHAIRMAN GOEHRINGER: It ' s not really north and south. MR. STEGNER: I guess it would be closer to the east. So if you go down that road, you drove on that 15 foot right-of-way which is all the way east of the other property line. CHAIRMAN GOEHRINGER: Ok. And what type of access do your neigh- bors have over that? Is it only 15 feet or is more than 15 feet? MR. STEGNER: Well, we had the road improved and I think the town wanted a 15 foot right-of-way for emergency vehicles. So we had the road widened to 15 foot. It had been less. It was like 12 . MR. MCLOUGHLIN: My understanding is though that the right-of-way itself is 15 feet. CHAIRMAN GOEHRINGER: So in other words , the rearyard or the side- yard in this particular case is going to be not diminished any more than 15 feet . I 'm sitting here with 57 feet to the balcony on the back. So that ' s really minus 15 feet. It' s not going to be more than 15 feet . . MR. MCLOUGHLIN: No. It' s our position that that is still our property to the right-of-way. CHAIRMAN GOEHRINGER: I understand that. It ' s not really minus be- cause they own the property but it ' s being transversed by other peo- ple. Well , it ' s not a right-of-way to them. Other people have a right-of-way over it . Ok. Alright . Now the house would be a year around house? MR_ STEGNER: Yes. CHAIRMAN GOEHRINGER: I guess the only question we have on this Board, I don' t know what floodplain zone it ' s in but any decision that we ' ll deal with, will be subject to the federal floodplain law. _ MR. MCLOUGHLIN: I believe on the proposed plot plan that we handed in, it ' s designated by Mr. Fischer to be in the A-4 zone. CHAIRMAN GOEHRINGER: Ok. I think that about answers it . I thank you very much. We ' ll see if there ' s anybody else who has any ques- . tions. Is there anybody else who would like to speak in favor of the application? Anybody like to speak against the application? Questions from Board members? MR. LESSARD What about the shed there. There ' s no question? . .,Page 4 Thursday, le 2,, 1988 ,. :Public Hearing - Pa--icia Stegner Southold Zoning .Board- of::Appeals CHAIRMAN GOEHRINGER: About the existing shed. Now you' re con- sidering that to be frontyard. MR. ,LESSARD I would consider it, yes. If we got pushed , real hard, we would 'say ,it was a corner lot.. CHAIRMAN GOEHRINGER: Kevin, why don' t you just .show, this here if you don' t . mind. MR.. LESSARD Even-- so think --it said the right-of-way as the frontyard. It still would. be the sideyard. We should clear it up .so we- don ' t get no flack from the road .owner.-' . CHAIRMAN GOEHRINGER: _ Mr. .Lessard is considering this to bei.'froftt- yard now.. I don' t know how he makes that determination. MR. MCLOUGHLIN: I don' t understand why the. . . . What I would call the sideyard where the shed is, would be considered a frontyard. MR.-: LESSARD': ::Suppose I consider it a sideyard? Where would you consider the frontyard? MR.-.. MCLOUGHLIN: I.-wou1d..:consider•. the frontyard to :be. facing : the . bulkhead. - . . MR. LESSARD: No. There' s no way in h--- that you' re going to get . to that property over that bulkhead. That won' t fly. MR. MCLOUGHLIN: Then the frontyard is facing the right-of-way. MR.._ LESSARD:., 'Ok, ,._fine. Now-'we_' re in .the sideyard.-.:-That ':s.-what._.._ I-'m. say.ing..: . Let 's clear :this thing_ up: because ..I don'.t want-it to---- .come back:'.and._:haunt.. anybody- later.-.. CHAIRMAN:GOEHRINGER: So the frontyard is basically the area that ' s facing the existing cottage - across the street . MR. LESSARD: Ok. We' ll rule it that way. CHAIRMAN GOEHRINGER: The rearyard is the bulkhead and then. the. o.ther two are sideyards. And your question is that we now have. an .acces-. sory building in the sideyard. MR. LESSARD: Right now you .have. . . The thing don' t belong there. It ' s an accessory to nothing. MS. KOWALSKI: How long has it been there though? MR. LESSARD: Beats the h--- out of me. MR. MCLOUGHLIN: Was the shed there when you purchased it in 174? MR. STEGNER: Yes. I think it shows it on the original survey. MR. LESSARD: That was before the property was cut up? MR. MCLOUGHLIN: Yes. Page 5 - Thursday, - ie 2, 1988 Public Hearing - Pa icia Stegner Southold Zoning Board of Appeals MR. LESSARD: You see, we' ve got an animal here we' ve got to do something with and I don' t know what to do with it. Where it' s sitting by itself now, it ' s doing fine. The minute you put a house there knowing technically you've created something that needs an answer. That ' s why I was asking . MS. KOWALSKI: Was it disapproved for that? MR. LESSARD: . I doubt it. MR. MCLOUGHLIN: No it wasn' t. Is there a suggestion as to what should be done? CHAIRMAN GOEHRINGER: How' s that shed attached? MR. STEGNER: It ' s just sitting on three inches of concrete. CHAIRMAN GOEHRINGER: How is it anchored into the concrete? MR. STEGNER: With bolts. CHAIRMAN GOEHRINGER: Let ' s not make _more out of this than what it is. It ' s construed to be close to a pre-existing shed. We really don' t know how long it ' s been there . These people have bought the property with the shed there. So we' ll mention it in the decision that the shed is there and we' ll leave it at that point. MR. LESSARD: As long as we put something down. That ' s all I 'm asking. CHAIRMAN GOEHRINGER: And there will be a normal restriction on the shed that it not be used for any living quarters or any habitability at all . No castle or whatever the case might be. Thank you very much. Hearing no further. questions, I ' ll offer a motion .to close the hearing and reserve decision. All in favor - AYE. BY �- FRANK A. KUJAWSKI, JR., President a `at4a TELEPHONE ALBERT J. KRUPSKI, JR.,Vice-President y JOHN M. BREDEMEYER, III �,�°�: r :.���. 1�/� (516)765-1892 JOHN L. BEDNOSKI, JR. HENRY P. SMITH ZA BOARD OF TOWN TRUSTEES / TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 May 31, 1988 Mr. Rudolph H. Bruer Attorney at Law Main Road Box 1466 Southold, New York 11971 Re: Daniel & Patricia Stegner - 1000-78-6-10 . 3 Dear Mr. Bruer: The following action was taken by the Board of Town Trustees during their regular meeting held on May 25, 1988 regarding the above matter: RESOLVED that the Southold Town Trustees Waiver the need of a wetland permit as requested by Rudolph H. Bruer on behalf of Daniel & Patricia Stegner to construct a single family dwelling and to replace in kind and in place a timber bulkhead and to fill on the property located on a r.o.w. off Main Bayview Road, Southold. The Trustees have as part of the file, a letter from Mr. & Mrs. Stegner stating that they will place hay bales on the property first and then replace in kind/in place the timber bulkhead and fill on the site,, prior to the house construction. A $25. 00 fee for the waiver is now due and payable. Should you have any questions, please contact this office. Very truly yours 4Boa nk A. K awski, Jr. , President rdd of wn Trustees FAK:ip cc: Bldg. Dept. D.E.C. , Stony Brook Planning Board / Board of Appealsvd Mr. & Mrs. Daniel Stegner y ti•i m � S l/ �D. T (y') i '1- G ki7 DEED ' LIf1ES `t \\ U I 1 — -- �o.00- -� E x s7 T 5 3_7 l A C� y M LOT i Wp4K -ul 00 ELK I t \ o riA15£D I L s-�t � - Cr o HOUSE I 1 r; o ` DEC K Gil I 7 _ i l TI - � 6 � 4_o N i 50 0a �s 5c)'ra i PR 0 P \9- E 1) -'L-0 T CbK DAME L PFTRICIA STEGNETN— - Couwr; TAu. M4: ICOO-078-�� 10.3 51St1jE MFIrI BA`f \! IL' V"I 'FGAll� �pU-ltlC�!_-D LdOp IoNE p4�Et_8'�°IB(So 36013—OoI�G ul�mf rs H. 01,1 SURVEY S( RubffglcK VPN-ruyL r-.C . KV 'I/o/ss 1-4.S.ReE. riDvsE PLAN 1080 1i1 THrV FRG+ SVrvr�` pw��E�- $ FLOOD MA,- GEoRGr- I•I.FisoL•-r, DtzAFrsnaN 'f-26,89 — I o��FFoc��o z C:, T Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD June. 21 19 8 8 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO. : 371.8 PROJECT NAME.- PAT:RT'CT.A 'S'TYGN'E`!t This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency .which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Ne.w dwe:l'l ng with: ths-ufficient :s�e_tback: from exi.sti.ng b_ulkh.e.ad LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 470 Private. Road ,#12 (off Main Bayvia ev Ale , )-, South.old,.. .NY 78,E_5 and 10',2 (-now REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Separating the project in question fxom the. w-aterfront or tidal area is other construction and/or a bulkh-ead ;n go.od condition, (3) Th-e relief requested is a setback variance. as regulated b.y Sect ' 13 6 NYCRR, SEQRA 2 FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals,.. Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802 . Copies of this notice. sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. me NOTICE OF HEARINGS, NOTICE IS HEREBY GIV- EN,pursuant to Section 267 of, COUNTY OF S U F FO L K the Town Law and;the Code of STATE OF NEW YO R K ss: the .Town of Southold,, the following•hearings will be he1. ld.' j by the SOUTHOLD' TOWN'' BOARD OF- PPE*LS at a SpeeialMeetingatflie:Soufhold. Patricia Wood, being duly sworn, says that she is the Town Hall; �Main' Road, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Southold, New York; on a public newspaper printed at Southold, in Suffolk County; i THURSDAY, JUNE'2_1988 at the following times: N and that the notice of which the annexed is a printed copy, :30 p.m. Appl No. 3718- has been published in said Long Island Traveler-Watchman P ATRICIA , . STEGNER. iance to the Zoning Or- once each week for . . . . . . . . . . . . . . . . . . . . . . . . . weeks ance, Article-.XI, Section -119.2B 'for.'permission to successively, commencing on the ate new dwelling with'an in- " " " " " " " " " " "ficient setback from existin�, khead. Location of Proper- Iday . . . . .� . . . . . . . .. 19470 Private Road nNo Ba (off South Side of Main Bayyiewd), Southold, NY, County . . . . . . . . . . . ... . . . . . . ,Map Parcel No. 1000-78-&5 10.2 (now 10.3). :35 p.m. Appl. No. 3723� ANGELO SPETSIOTES. Variance to the -Zoning Or- i dinance,: Article XI, Section Sworn to before me this . . . . . . . .`�� . . . . . . . . . day of 100-119.2B for .permission to . construct deck addition at rear. 19 of dwelling with an ihsufficie'nt. ' ' ' ' ' ' ' ' ' ' setback from existing bulkhead at Budd's Pond,.1045 Bud'd's j Pond Road, �Soutliold, .NY; Willow Point.Suliilivision 'Lot. I � i' — "`' %t�''�`�. No 11; Couounty Tax Map Parcel . , , , , , , , , , No. 1000-56-5-1.3.1 (or 13): 'A0 Notary Public 7:40 p.m. 'Appl.Nor ,3732-/ ROBERT E. BIDWELI;1 $AR$Ajt,A FQRBES Special Exception to the.Zoning � N RB Ordinance, Article,III,Section otary, No. 48068io, State o New York 163,,30B(14)for a Winery for the I Qualified is Suffolk County production' and retail sale:of wine pioduced from'grapes Commission E*m t8 .3// 19 fie. primarily grown at the Bidwell; Vineyards, premises located at the South • Side of C.R. 48, Cutchogue, NY;. County Tax• Map Parcel'.No."1000-96-4-4.3 (prev. p/o 7:45 p.m.-Appl. No. 3717= j FREDERICK KOEHLER,JR. Variance to the Zoning Or: . dinance, Article •XI, Section 100-119.213 for permission to locate accessory sf"ructure along Ij existing bulkhead at Cutchogue Harbor,premises known as 575i A i • Old Harbor Road,New-Suffolk;.- NY;County Tax Map Parcel No: 1000-117-3-6. 7:50 P.M.'-.Appl No. 3729-, GEORGE R.iFURSE.Variances to the Zoning Ordinance, Arti- i cle. III, -Sect;•ion 100-31, Bulk Schedule,'for",(a)•approval of in- sufficient aat".area or proposed Lot No.2;,(ti),approval of insuf- ficient lof depth'bf proposed Lot A No. 2; (c)'approval of yard set= backs as gp' piy.from the new division line'to "the existing dwellings. Location of Proper- Q �, ty: Right-of-way off Bell Hill A venue. FiRhers Island, IVY; P. Parcel No. ''q9aining"-, r,,; r Southold I own Board ®f A eels MAIN ROAD - STATE ROAD 25 S❑UTHOLD, L.I.,, N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN : Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L . I . Traveler- Watchman , Inc. and Suffolk Weekly Times , Inc . Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience . 'Ple-ase be assured that your public. hearing will not start before the time allotted in the Legal Notice . If you have any questions , please feel free to call our office , 765-1809 . Yours very tr ly.,.� Gnu ,.:o'' "' ' .�r".r�'�.�4� G RARD P . GOEHRiNGER CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure I ,I x Ln Town Hall, 53095 Main Road P.O. Box 1179 Ay \�® 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 March 7, 1988 . TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3718 application of Patricia Stegner for a variance. Also included in notification 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 any other attachments relative to this application. Judith T. Terry Southold Town Clerk U BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of "• �r NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER. YOU ARE HEREBY GIVEN NOTICE: 1. That 'it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a Variance (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is loc ted adjacent to your property and is des- cribed as follows: S �f 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: .� O-n-2 5..That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ' -7ff Section_ /a:P J//�_ Q- —A [ ] 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) 7�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 representative have the right to appear and be heard at such hearing. Dated: Petitioner , Owners ' Names • Post Office Add ,n r w Tel . No. 3S-76 [Copy of sketch or plan showing proposal to be attached for c_o.nv`enience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK ) I C i 2f residing at I katir,/ W n Yl i IM being duly sworn, deposes and says that on the _ day of. M A c 14 , 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- fice Sc)w k®I ' n ; that said Notices were mailed to each of said persons by Ltified registered) mail. Sworn to before me this day f (^Gh , 1 \/ Ad Notary Pub l c ELIZABETH ANN NEVILLE Notary Public,State of New York No.52-8125850,Suffolk Co Term Expires October 31, 19 (This side does not have to be completed .on form transmitted to adjoining property owners . ) d ------------------------------------------------------------- -x Copies mailed to :the following 5/18/88 : Mrs . Patricia Stegner , 91 Laurel Drive , Smithtown , NY 11787 Mr. Angelo Spetsiotes ,. 1045 Budd ' s Pond Road , Southold , NY 11971 Mr. Robert E. Bidwell 27 Montrose Place Melville , NY 11747 Mr. James. Gray , Sr. , P . O. Box 1465 , Southold , NY 11971 (as Agent for Mr. Frederick Koehler) Stephen L . Ham , III , Esq . Matthews & Ham , 45 Hampton Road , Southampton , NY 11968 as Attorneys for George R. Furse and Estate of D. Russell Richard F. Lark , Esq . , P .O . Box 973 , Main Road , Cutchogue , NY 11935 John M. Wagner , Esq . , Esseks , Hefter & Angel , P .O. Box 279 , 108 East Main Street , Riverhead , NY 11901 as Attorneys for Dorothy Abbott Cliff' s and Phil ' s Lobster House , Inc . , 50 North Sea. Drive , Southold , NY 11971 Robert A.M. Stern Architects , 211 West 61st Street , NY , NY 10023 as Agents for Mr. Russell Planitzer Mr. Charles Kadushin , 242 West 101 St. , NY , NY 10025 Suffolk Times , Inc . , P. O . Box F , Greenport , NY 11944 L . I . Traveler-Watchman , Traveler St . , Southold , NY 11971 ( Board *'Members with copies of files 5/19/88 ) Building Dept. , Planning Board , Bulletin Board The N.Y.S: Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order.. to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. .(d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? _Yes NO 2. Will there. bed major change to any unique or unusual land form on the site? Yes )( No 3. Will project alter or have a large effect on an existing body of water? Yes _X No 4. Will project have a potentially large impact on groundwater quality? Yes No 5. Will project significantly effect drainage flow on adjacent sites? Yes No . 6. Will project affect any threatened or endangered, plant or animal species? Yes .)( No 7. Will project result in a major adverse effect on T— air quality? Yes _No 8. Will project have a major effect on visual char .acter of the community or scenic views or vistas known to be important to the community? Yes No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Yes ')(No 10. Will project have a major effect on existing or future recreational opportunities? Yes _Y_No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes X No 12.. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes `\No 13. Will project have any impact on public health or safety? _Yes _No 14. ' Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year _Yes )�_No period or have a major negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the _ project? _Yes _No Preparer's Signature: htz y Representing: r e +- Date: ZBA 9/75 14.16-4(2/87)—Text 12 PROJECT I.D.NUMBER 617.21 SEAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME 3. PROJECT LOCATION: Municipality County 4. PRECISE LOCATION(Street address and road intersections, prominent landmarks,etc.,or provide map) 5. IS PROPOSED ACTION: ❑New ❑Expansion ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes ❑No If-No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?. ❑Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: , 10. DOES ACTION INVOLVE A PERMIT APPROVAL,.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 permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ❑No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST-OF MY KNOWLEDGE Applicant/sponsor name: Date: Signature: 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 1 (Continued on reverse side) Standard N..R.T.U. Form 8007-10M: -1. and Sale Deed,with Covenant against Grantor's Acts—Individual or Corporation. S CONSULT YOUR LAWYER BEFOke-SIGNING THIS INSTRUMENT-THIS INSTRUMEI IOULD BE USED BY LAWYERS ONLY b/ LIBEr8'045 FACE265 THIS INDENTURE,made the 2�I3t day of May , nineteen hundred and seventy-six BETWEEN THOMAS F. ROLLESTON and VIRGINIA M. ROLLESTON, his wife, both residing at 808 Windward Way, Tarpon Lake Village, Palm Harbor, Florida 33563 party of the first part,and DANIEL E. STEGNER, residing at 91 Laurel Drive, Smithtown, New York 11787 party of the second part, �•"! WITNESSETH, that the party of the first part,in consideration of, .C' Ten ($10.0 0) -dollars, lawful money of the United States, paid ,. b the a of the second art does hereby ant and release unto the a of the second art the heirs or Y party P Y ln' party P , successors and assigns of the party of the second part forever, ALL that certain. plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and beings at Bayview, near Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follow: BEGINNING at' a point on the northwesterly line of a 50 foot private road, hereinafter described 370. 0 feet southwesterly along said north- westerly line from its intersection with the southwesterly line of Bayview Road; and running thence along said northwesterly line of said private road South 25 degrees 16 minutes 10 seconds West 88. 92 feet to a stake; thence along land of Axien North 59 degrees 59 minutes 40 seconds West 89.85 feet to a point 10 feet, more or less, northwesterly from the southeasterly edge of a dredge basin; thence on a line 10 feet, more or less, northwesterly from said south- easterly edge, North 25 degrees 16 minutes 10 seconds East 90.48 feet thence along, land conveyed or about to be conveyed to Alfred Amante and wife, South 59 degrees 01 minutes. 00 seconds East 90.0 feet to the point or place of BEGINNING. TOGETHER WITH a right of way over 50 foot ' Private Road ' to lots of .Julius Zebroski - South of Bayview Road, Southold, N.Y. 1 continued REAL ESTATE STATE OFr 4� TRANSFER TAX q NEW YORK � N� CD Dept. of M Taxation JUN-47.6 _Z o s. 05 &Finance o P.H-10936 The northwesterly ie of said 50 foot privat(, oad is describe as follows ; d BEGINNING at a point on the southwesterl y line of iRoad point being South 59 degrees 01 minutes 00 secondsBayv Easte579.50,feetd from a. monument set at the intersection of said course which runs South 59 degrees 01 minutes 00 seconds East with that course of s ' southwesterly line which runs South 51 degrees 00 minutes East; aid from said point of beginning running thence two courses as follows - 1) South 25 degrees 16 minutes 10 seconds West 517. 0 feet to a - stake; 2) South 46 degrees 38 minutes 50 seconds West 160.24 feet to land of Palmer. The southeasterly line of said 50 foot private road is parallel with .::and 50 feet southeasterly from the above described northwesterly line measured at right angles thereto t 3 L19€r R0 rA%E67 QUESTIONNAIRE TO BE COMPLETED "AND' SU'BMITTED VTH YOUR APPLICATI"ON FORMS" TO THE BOARD OF APPEALS ..Please complete, sign and return to -'the Office of the Board, of. Appeals with your completed application forms. If "Yes" is answered to any questions below, please be. sure to depict these areas on your survey (or certified sketch) , to scale, and submit other_ supporting documenta- tion. . 1. Are there any proposals to change or alter land contours? Yes CNoD 2.a)Ar.e there. any areas which contain wetland grasses? (Attached is a list of the wetland. grasses defined by Town Code,- Ch. 97 foryour reference. ) Yes N®Tab°✓ea b)Are there any areas open to, a waterway without bulkhead? 3. . Are there- existing structures at or below ground level, such as patios.;: . foundations, etc? - Yes No .4. Are there any" existing or proposed- fences,. cpncrete barriers, decks, . etc?• Yes No 5. If project is. proposed -for an accessory building or structure,. i4r.; total height at more than" 18 feet above average ground level? State "total: ft. Yes No 6. If project "i.s proposed for principal- building or structure, is" total height at more than 35. feet above average ground. level? State total:" " . " " " ft. YesTO 7. Are there other -premises under your ownership abutting this parcel? If. yes, please submit copy of deed. Yes' No 8. Are there any building permits pending°. on this parcel (or abutting land under your ownership, . .if any) ? Yes No State Permit # and Nature: 9 . Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, .Vi`llage," etc. ) : Planning Board Yes 90 Town Board Yes Town .Trustees Yes . No County Health .Department ' Yes No Village of Greenport Yes o N.Y.S..D.E.C. Yes o Other. Yes io 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes No 1)1 11. Is new con-struction". proposed in the area of contours at 5 feet or less as exists? Yes No 12 . If new construction is proposed in an area within 75 feet of wetland grasses, or land area-at an eleva- tion of five feet or less above-mean 'sea- level., have you made application to the Town Trustees for an inspection for possible .waiver or permit under the requirements of 'Ch. 97 of the Town Code? Yes No 13. Please list present use or operations conducted upon the subject property at his time Pr i U'�TP and proposed r P P e `� do - �a Please submit photographs for the record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my applica ion. Signature (Property Owner Authorized Agent 1/88 WETLANDS [Amended 8-26-76 by L.L. No.2-1976; 3-26- 85 by L.L. No.6-19851; A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on,tidal wafers, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such.a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands"as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, ( of the Environmental Conservation Law of the State of New York;and 1 (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection B(1)and lying with- in seventy-five(75) feet landward of the most land- ward.edge of a"freshwater wetland." ( 9705 2.25•N5