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A y `r_ OUr Southold I' U, ® Board ®f Anneals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3648 Application Dated July 10 , 1987 TO—, rAppPl.lant 19) 1 sir . reruciu rr•anko'ia - - P . O. Box 630 Southold , NY 11971 9-01 138th place Ma l ba , NY 1 357 . At a Meeting of the Zoning Board of Appeals held on September 10 , 1987 the above appeal was considered, and the action indicated below was taken on your . [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article XI , Section 100-119. 2 [ ] Request for Application of FERUCIO FRANKOLA for a Variance to the Zoning Ordinance , Article XI , Section - 19 . 2 for permission to con- struct .swimmingpool , deck and fence enclosure within 75 feet of wetland area along West Creek . Location of- Property : 1900 Glenn Road , Southold , NY ; West Creek Estates Lot No. 19; County Tax Map Parcel No . 1000-78-03-.a. . WHEREAS , a public hearing was held and concluded on August 20 , 1987 in the Matter of the Application of FERUCIO FRANKOLA under Appl . No . 3648 ; 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 : 1 . The premises in question is shown on the 1963 Subdivision Map of West Creek Estates as Lot No . 19 , containing a total area of 27 ,000± sq . ft . with frontage of 100 feet along the south side of Glenn Road and along West Creek. 2 . The subject premises is improved with a single-family dwelling built under Permit #3507Z during 1968 , and is located in the "A" Residential and Agricultural Zoning District . 3. By this application , appellant requests permission to locate an inground swimmingpool , with decks and fence enclosure , as more particularly shown on sketched survey submitted with this application . The actual pool construction is proposed at 60 feet from the bulkhead at the west side and 75 feet from the ordinary high-water mark along West Creek . The fence enclosure is shown to be not less than 69 feet from the ordinary high-water mark along West Creek and 55 feet from the west property line . (CONTINUED ON PAGE TWO ) DATED: September 10 , 1987. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form .ZB4 (rev. 12/81) Page 2 - Appl . No . 3648 Matter of FERUCIO FRANKOLA Decision Rendered September 10 , 1987 4 . Article XI , Section 100-119 . 2 , subparagraph (B ) 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 highwater 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. 5 . The courts have neId Tnaz cne dreg JCLUdCR Vdl' idhLe must meet the "practi.cal difficulties " standard , considering " as follows: (a ) the relief requested is not substantial in relation to the -requirement ; (b ) the project as proposed is not out of character with the neighborhood; (c ) the circum- stances of the property are unique and are not personal. in nature; (d ) the variance will not in turn be adverse to the . safety , health , comfort , convenience .or order of the town ; (e ). the variance requested is the minimal necessary; (f) there is no other method feasible for appellant to pursue other than a variance . 6 . It is the opinion of this Board that : (a) the relief requested is the minimal necessary under the circumstances ; (b) the project as proposed is not out of character with the neighborhood ; (c ) the circumstances of the property are unique and are not personal in nature , particularly due to the nonconforming size , lot width , limited buildable area , etc . ; (d ) the variance will not in turn be adverse to the safety , health , comfort , convenience , or order o.f the town ; (e ) the variance is not unreasonable and the project will comply with all other -zoning setback restrictions of th,p Code. as proposed ; (f) the percentage of relief requested is not substantial in relation to the requirement; (g ) that in view of all the above , the interests of justice will be served by granting the variance , as applied and further noted below . 7 . It is noted for the record that : (a ) at a Regular Meeting held June 25 , 1987 , the Southold Town Board of Trustees granted a waiver from the requirement for a Wetland Permit as noted therein , and (b ) the applicant has indicated that he has an application for a wetland permit pending at this time. before the N . Y . S . Department of Environmental Conservation concerning this project . NOW , THEREFORE, on motion by Mr . Goehringer., seconded by Mr. Douglass ,. it was RESOLVED , to GRANT a Variance from the Provisions of Article XI , Section 100-119 . 2 for permission to locate swimming- pool fence enclosure (inclusive of decks and pool ) with a setback at its closest point from the ordinary highwater mark along West Creek at not less than 69 feet , and from the inner edge of timber bulkhead at the west side .at not less than 55 feet , AS APPLIED , AND SUBJECT TO THE FOLLOWING CONDITION : 1 . That the pool remain open and unroofed [except by subsequent application and consideration therefore] . Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Douglass and Sawicki . (Member Gri'gonis was absent . ) This resolution was duly adopted . GERARD P . GOEH INGER , &MAIRMAN September 21 , 1987 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 Regular Meeting at the Southold Town Hall , Main Road , Southold , New York , on THURSDAY , 'AU.GUST 20 , 1-987 at the following times : - 7 ': 35 p .m . Appl .. No . 3602 = 'MARGAR.ET McNAMARA. Variance... to the Zoning Ordi-na-nce , -Article-- XI-; -Secti-on, -1007.,11-9. 2 (B) for permission to construct wooden deck attached to existing dwelling with an insufficient setba.ck from existing timber b.ul-k-head and Peconic --B-ay. Location of Property : 640 .Takaposha Road. (Private. Road #.15 ).; Sou.thold,. NY ; County- Tax Map Parcel . No . 1000-87-06- 10. 7 : 40 :p .m. AppI . No . ' 3646 = '.RO.BE.RT AND NANCY MUIR. Variances to the Zo.rr-ing Ord.i nanc-e , Art i c-1 e I I I , Secti on. 10.0=.31 , B,u.l k Sched,ul e , for permi ssi.on to construct additions to dwelling wi-th an insufficient rearyard setback and insuffi - cient fr-ontyard setback. Location of .Property: Corner -of . Gillette Dr-i ve and Cl eaves-- Poi nt -Roa-d , East M-ari on , NY; County -Tax- Map Parcel. No .. 1-000-38=2-29. - 7 : 45 p .m. Appl . No . 3643 -' 'EUGENE 'PERINO . Variance to the Zoning Ordinance ; Article XI., Section 100-.119 . 2 for permi ssi o-n to, 1 ocate propos-ed dwe.1..1 i ng with o-r wi tho-ut deck -addition w.ithi-n 75 .fe-et -of ,neares-t wetlands along the shore- . 1 i ne of Mari on-_Lake-e Location of Property : -West Side of .private right-of-,way known as "Truman ' s. Path , " East Marion , -NY; County. Tax -Map-- Parce.l No ., 100.0=.31712-16. - 7 : 50 .p .m . Appl . No . 3644 = JOSEPH REINHART ., FRED WIGHTMAN , and DAVID. 'FREY : Recessed hearing -from- July. 16 , 1987 to be reconvened . 8 :00 p . m. Appl . No . 3647 - JOHN AND JOAN WETZEL . Variance to the Zoning Ordinance , Article I-II , Section 100�-.3.1 and .Ar.ticle XI, .Section 100-.1.19,2, to -construct additions to dwelling with reduc- tions in the sideyard ..--and to construct addition landward of existing dwel.ling ..structure 70± feet from the nearest wetland edge or highwater mark along Eugene Creek . Location of Property : 4635 Pequash Avenue ( Fleetwood Road ) , Cutchogue , NY ; Fleetwood Cove Lot No . 12 ; County Tax Map Parcel No . 1000- 137-04-006 . 1 Page 2 - Notice of Hearings Regular Meeting - August 20 , 1987 Southold Town Board of Appeal.s t8 : 05 p .m. Appl . No . 3648 - FERUCIO FRANKOLA. Variance p the Zoning Ordinance , Article XI , Section 100-119. 2 for rmission to construct swimmingpool , deck and fence enclosure thin 75 feet of wetland area alorr.g West Creek. Location of operty : 1900 Glenn Road , Southold , NY ; West Creek Estates t No . 19; Cou-nty Tax Map Parcel-.- No.. '1000-.78-02 36 8 : 10 .p .m . Appl .. No . 3655. = EL.L:EN '.HO:PE DeMAR.IA. Variance from Condition No ...- 1 -rendered July -8 1-965 under Appeal. No . 785 , and Article I I I , Secti.on. 10.0=.32-;:---=for-- a-pproval of .th-e const-ruc- . ti on of .accessory storage-- shed in froWtyard --area as shown on survey prepared by Roderick. Va.nT'uyl , P .C . April 9 , 1984. Location of Property: West Side -of P-rivate-- Road . (West..Vi. ew-.-.. Drive ) , Orient ;- NY ; County. Tax Map Parcel No . 1000- 13-3-3 . 8 : 15 p .m. Ap.pl .. No . 3656 = NICHOLAS IPPOLITO . Variances to the Zo.ni-ng -Ordinance , Article .III , Section7- 100-31 , and Article XI , Section 100-..119. 2, for permission -to construct garage addition to dwe.,ll-ing wi.t-h an. -in.sufficient southerly -sideyard setback , insufficient tot,al .sideyards , insufficient setback from. b,u.1-khead. along Arshamoma'que' Pond ; and excessive lot coverage . Location.- of-_Proper'ty : 230 Carole Road , Southold , NY ; County. -Tax-- Map Parce-l. No . 1000-.05.2-02-007. 830 .p .m. Appl . No . 36531,—NORTH ROAD ASSOCIATES . . Variance pu-r-suant t-o-. New York. Town Law , Section .2-80-a , for approval -of .access over private right-o.f-way extendin-g 170 . feet from the north side- o.f Main R-oad-, -Orie-nt , NY; County Tax Map Parcels No .. 1000718-4-1 . 3 and 2 . 8 : 40 p .m. Appl . No . 3592 = BENTE SNELLENBURG . Hearing recessed from. July 16 ,, 1987 . 8 : 50 p .m . Appl . No . 3654 -' WILLIAM MOORE , ESQ . and BENJAM.IN 'HERZWEI'G ;_'ESQ . -Variance to the Zoning Ordinance , Article XI , Section 100-.119 . 2 for permission to establish "building envelope" with setbacks of not less than 38 feet from nearest wet-land along existing two-foot contour and not less than, 30 feet from the front property line (as approved under Appl . No . 3412 June 30 , 1987 )- . . .Location of Property: 675 Meadow Lane , Mattituck , NY ; Mattituck Estates Lot No . 42 ; County Tax Map Parcel No . 1000-.115- 5- 7 . The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters . Each hearing will not start before Page .3 - Notice of Hearings Regular Meeting - August 20 , 1987 Southold Town Board of Appeals the time allotted . Written comments may be submitted prior to the conclusion of the subject hearing. For more . information , please call 765-1809 . Dated : July 27 , 1987 . BY ORDER OF THE SOUTHOLD TOWN - B.OARD OF APPEALS GERARD P . GOEHRINGER, CHAIRMAN Linda Kowa_l.ski , Board Secretary ------------------------------------------------------------------x Not-ice to Newspapers Please pub-lish once , to wit: August 6th and forward two .affi day..i.ts of ,_publication to : Board- of Appeals ,_ .Main Road ,.. .Southold , NY 11971 . --------�-------------------- --------------------------------------x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL FileNo. . . . . . . . . . . . . . . . .t. . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . .. To L!.lc crt? . � l�. . .. .. . . . . . . t- �. . . . . .�?Q . . . . . . . . . . . . . . . . . . . . �?'l ca ..,. .k?-I 1!.Z �?. . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . �D . . . . . . . . . ., 19 8 . for permit to construct . . ..t'!�°{.1!M-' ^�. .v.` p .��"'� .`�. •'• r'" . . . . • . . . . . . . . . . at Location of Property _� 9.�. . 1{, ! . : . . . . . .. . . . . . . . . . . . . . . . . . . . House No. Street Hamlet County Tax Map No. 1000 Section . . . . . . . . Block . . . .A ?-. . . . . . Lot . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . �. . . . . c -t�y•�, is returned herewith and disapproved on the following grounds . .QAI . . . . �. . . . . . a-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . uilding Inspector RV 1/80 ,/'.0f S�(P���'l TOWN OF SOUTHOLD, NEW YORK J'r4P �f0'A70M DECISION OF BUILDING INSPECTOR APPEAL NO.,36gt DATE �5.`t�.� .I.9g.l.. TO-THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. /hod 1 !2 G!®....f"�0I fO L ..............of ...�'!L eX1,U °eP.... SO()` -14 0�............ .. Name of Appellant Street and Number .........-5°`.. ��`'c��.... .... ...................................... .....:�.Y.................... ......... .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 C,/0 �� /1/_-jq ................................................................................. Name of Applicant for permit .... ...... ... ...... Street and Number Municipality State ( x) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .... .°..°....��. �1J �� 457-51J50--rl 4 Z- .................................. ................................ Street /Hamlet / Use District on Zoning Map, District 1000 Secti onef 8 Bl ockoL Lot Current Owner —eied '4�0e%AJ4, /_ Mop No. Lot No. Prior Owner oe- ,Q&C—l✓ 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 nl Section /,DO 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) 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 (has) (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 andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (D� A Variance to the Zoning Ordinance is requested for the reason that Form zB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT gPPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARE because T}��'�' S /ja z'-- )V0 6) q� S®. G� �� d //•/ `�.�� �XI S 7 /� 0 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 5/P /,5 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 91A' lAf ,QO 0oU0 69o0 C- STATE OF NEW YORK ) // _ ss ..... .......................... ..............................Y.......... COUNTY OF ) Signature Sworn to this ......../�e I ......................... day of....... .............................. 19 g� ...... �....... Notary Pub MARY ANN CYBULSKI NOTARY PUBLIC State of New York Residing in Suffolk County No 52.5895900 1,0mmis5101AXPIM April 30 196 t 116 TOWN OF SOUTH OLD PROPERTY RECORD CARE) OWNER STREET VILLAGE DIST. SUB. LOT (/ 1616 Feyur.'tc Evouik�,(a 4wi. FORMER OWNER N E AC�R. ell, S W TYPE OF BUILDING ��E�. 210 SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND imp. TOTAL DATE REMARKS "f CA ZZ71 7 Z1, S', Ace C'vnTVL-,E)l Q Z-F 7 eff Z ALEN C/ 15-fdt1h,L T AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE ✓ FARM Acre Value.Per Value Acre Tillable I Tillable 2 Tillable 3 Woodland 7_ "fN-2 L-( Z,4- e7_00 Ili- WATER Swampland FRONTAGE ON 7, -Brushland FRONTAGE ON ROAD -House Plot DEPTH BULKHEAD Total DOCK ■MEMO MENNEOM■EM■_■■■■■■■MOMEMMMMENEM MIN ME MEN t y L. ti r No MEN M MENEM Fr 7 MMEMEMMEMEME ME -no so ■■■ M®■■■■■■■■■■■■■■—.a MEN ME EMM■EMMEMM■MMEMEMInterior Finish i Rooms 1 st Floor •. •i -• • •.. Rooms 2nd Floor, 4 T COUNTY OF SUFFOL K MICHAEL A. LOGRANDE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN 360-5206 DIRECTOR OF PLANNING October 2, 1987 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) ✓ Ferucio Frankola 3648 Thomas & Frances Smith 3662 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:gcc VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I.. NEW YORK 11788 (51 6)360-51 92 OCirC®� Southold od of Appeals 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 t'o Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : XK Variance from the Zoning Code , Articl-e XI , Section 100-119 . 2 Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 3648 Applicant : Mr. Ferucio Frankola Location of Affected Land : 1900 Glenn Road, Southold, 14Y County Tax Map Item No . : 1000- 78-03-36 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 Lan, Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned , by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . ` COMMENTS : Applicant is requesting permission to co-n,$-truct sw-�.L n ool deck and fence enclosure within 75 fPP+- of v7r i+-I .nd area along West Creek. Copies of Town file and related documents enclosed for your review. Dated : Sept. 25, 1987 _ o�vFFo��o _ ® ` r* Southold Town Board of Appeals 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. ROBERTJ. DOUGLASS September 21 , 1987 JOSEPH H. SAWICKI Mr. Ferucio Frankola P . 0 Box 630 Southold ,_ NY 11971 Re : Appl . No. 3648 - Variance Dear Mr. Frankola : 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 Board of Town Trustees Suffolk County Planning Commission Mr . Ferucio Frankola (personally picked-up 9/22 ) TRANSCRIPT OF HURING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, AUGUST 20, 1987 App1 . - No . .3648 Applicant (s ) : FERUCIO FRANKOLA Location of Property : 1900 Glenn Road, Southold' County Tax_.Map ID No . 1000- Board Members. present were : Chair man " Goehringer P . Goehringer , Members : Grigonis, Douglass):, Doyen and Sawicki. Absent was : (None) ::. Also present were: Victor Lessard Building Dept. ) , Linda Kowalski, Z .B.A. Secretary, and approximately 25 persons in the audience. . The Chairman opened the hearing at 8 :13 o ' clock p .m. and read the notice of hearing and application for the record . CHAIRMAN GOEHRINGER: I have a copy of the sketch of the..survey indi cating,,an- :•..existing approximately half acre lot with a proposed swim- ming pool in the rearyard area. This- shows approximately 75 feet to the highwater mark on the West Creek side. There:•.is...however, a dredged existing basin on the east side (excuse me) west side of the house and this is where the code -requirement is 1I9-2B exists.- And they're ask ing for approximately a 60 foot reduction and 55 feet. _.I. assume that is to a deck. 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? Mt. Frankola. Is there anything you 'd like to say?. . ._-- MR. FRANKOLA: I 'd like to build a pool there as it i.s shown on the. sketch. CHAIRMAN GOEHRINGER: Th°e: differerrcd' between the 60 feet and the 55 feet; is that deck" area, that five feet? MR. FRANKOLA: Yes. CHAIRMAN GOEHRINGER: And with the. . . In other words, What you '•re planning is is a five foot deck toward the actual West Creek area. A five feet deck. I see - you. .have' 20 feet on this side. Is that a 20 foot deck on -the side- towards the basin and a 40 foot deck toward 'the house? No. That' s a 20 - by 40 foot pool. So it.':s 5 feet on the West Creek side, the width of the deck. Ten feet on the east side, five feet on the west side and approximately ten feet on the -north. side.? .Page 2 - August 20 ' 987 Public Hearing - F cio Frankola Southold Town Board. ;of Appeals MR. FRANKOLA: On. the north side, yes. CHAIRMAN GOEHRINGER:. Would there be. -any other physical changes that you would be doing in the construction of this pool? Encroaching any closer to any wetland area or anything of that nature? MR: FRANKOLA: No. CHAIRMAN GOEHRINGER: And is the pool a liner pool or is a gunite pool or what kind of pool is- it? MR. FRANKOLA: Gunite pool. CHAIRMAN GOEHRINGER: Alright. Thank you very much. Is there;,.anybody else who would like to speak. in favor or against? MRS. LARSEN: I just would like to add some background to this if I could. The Board of Trustees got to know the Frankolas quite well over the past several months. And the Frankolas originally came to us with a proposition to construct a house, swimming pool with bulk- heading on - the vacant lot to the west of their property or on the op- posite of , the man-made channel off the man-made marina boat basin on � the other side of West Creek. And I don't know who has told it to the Frankolas shagrin but we were..able to get the point across to them that bulkheading isn't generally permitted with the Trustees -now in areas with no evidence of erosion such as that Creek and we got it across to them. I think it was nothing personal against them. It was just a Trustee policy that we were not going to allow this in the future. -So they did renege on the whole thing after several conservations. and meet . ings with them. The opposite portion where they want to put the pooh. . and the deck on, we understood to be (initially) an overdevelopment_ of land use. With the marina in there, basically, I have to- refer to it as a marina because the way we understood it that originally when the. Frankolas bought that property, that basin. Every homeowner on West Creek had vested rights to use that. . ' So it- was supposed to be- 'a. com- munity type marina. Subsequently, that ' s all changed. ' T"don't really know how. And then there was questions that there were' too many boats that didn't fit in with the boating ordinan:ce. . That-they had five and six boats where the regulation only allows two boats other than your own. So we realized that. But in lieu of the fact" that it is or was a gentleman's understanding that if the house is constructed on that vacant piece of property, that it probably wouldn't get passed the Board of Trustees. That a swimming pool or bulkheading wouldn!t .be allowed on the adjacent parcel. So that's just what. *.I wanted to make. you aware of and we looked at the whole thing. And we felt in the long run, this was allowing some use because they wanted to put their daughter up for the summer. So they were going to expand the house and put a pool in. And so that ' s why it came to your Board as: such., CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would like to speak either in favor or against this application? Hearing no �ur-- ther questions, I ' ll make a motion- closing the hearing, reserving de- cision until later. All in favor - AYE. BY �- T Board of A eals S outh o ld Town MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I,, N.Y. 11971 TELEPHONE (516) 765-1809 August 20, 1987 APPEALS.BOARD ' 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. : 3648 PROJECT NAME: F'E'RUCT'O' FRAN'KGLA 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: [XI Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Construct swimmingpool, deck and fence enclosure within 75 feet of wetland area along west Creek LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1900 Glenn Road, ..Southold, NY 1000-78-2-36 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) Information has been submitted by applicant or his agent indi- cating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which may be considerdd wetlands. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802 . y Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board, (3) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA. me HENRY P. SMITH, President 'fI:LEPHONE JOHN M. BREDEMEYER, Vice-Pres. (516) 765 1892 PHILLIP J. GOUBEAUD �,,. ® .� ALBERT KRUPSKI, JR. ELLEN M. LARSEN HOARD OF TOWN 'TRUSTEES TOwN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 July 1, 1987 Mr. Ferucio Frankola 9-01 138 Place Malba, New York 11357 Re: 269 Glenn Road, Southold, New York Dear Mr. Frankola: The following action was taken by the Board of Town Trustees during their regular meeting held on June 25, 1987 regarding the above matter. RESOLVED that the Southold Town Trustees WAIVER the need of a Wetland Permit for the construction of a full second floor addition to an existing residence on property located at 269 Glenn Road, Southold as per the request made by Ferucio Frankola subject to a restrictive covenant to be prepared by the applicant's attorney, reviewed by the Town Attorney, and filed by the applicant in the office of the County Clerk. Copy of same is to be forwarded to the Trustee office for the file. Should you have any questions or concerns, please do not hesitate. to r.ontact this office at the telpehone number listed above. PLEASE RETURN TO THE BUILDING DEPT. FOR A DETERMINATION ON THE NEED OF ANY OTHER TOWN PERMITS THAT MAY BE REQUIRED FOR THIS PROJECT. ' Very truly yours, U Henry P. Smith, President Board of Town Trustees HPS:ip cc: Board of Appeals Bldg. Dept. D.E.C., Albany D.E.C. , Stony Brook Trustees file ti HENRY P. SMITH, President TELEPHONE JOHN M. BREDEMEYER, Vice-Pres. Ln (516) 765-1892 PHILLIP J. GOUBEAUDALBERT �y g ELLEN MK JR LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 June 30, 1987 Mr. Ferucio Frankola 9-01 138 Place Malba, New York 11357 Re: 269 Glenn Road, Southold, New York 11971 Dear Mr. Frankola: The following action was taken by the Board of Town Trustees during their regular meeting held on June 25, 1987 regarding the above matter. RESOLVED that the Southold Town Trustees WAIVER the need of a Wetland Permit for the construction of a 20' x 40' in—ground pool and a 8' diameter Jacuzzi with an 8 sided Gazebo above the Jacuzzi as requested by Ferucio Frankola for property located at 269 Glenn Road, Southold. All discharge from the pool is to be kept out of the creek. During excavation the fill must be contained so that it does not wash into the creek. Please remit $25.00 to this office for the Waiver granted. Very truly yours, Henry P. Sm th, President Board of Town Trustees HPS:ip cc: Bldg. Dept. Board of Appeals Trustees file - �0 Fiusstnjci T1M�jk2 ,a)'.LrF/arJ m Aw Mkvu ra TNa M A 5' . EYGI ST iNLI A ou $� p � - �� DIP P6glcr 'Aw OCE Pam, r Ai ((( C C7C1tJ N r/' ED��? � - yof .Legal otaces E12UCe�;TIoning Ordi. vary I anco to.tho Zoning Ordinance, A XI,Section 100-119.2 for p. sion to construct swim- NOTICE OF HEARINGS ming pool,deck and fence enclo- NOTICE IS• HEREBY, sure within 75 feet of wetland STATE OF NEW YORK � GIVEN,pursuant to Section 267 area along West Creek.Location ' ��- of the Town Law and the Code of of Property: 1900 Glenn Road, the Town of Southold,the follow- ' Southold, NY; West Creek Es- OUNTY OF SUFFOLK � ing.hearings will be held by the tates Lot No. 19; County Tax SOUTHOLD TOWN.BOARD Map Parcel No.1000.78-02-36. Gerry PB, 1 aY'O OF APPEALS at a Regular 8:10 p.m. Appl. No. 3655 - __--_- of Greenport, in Meeting at the Southold Town ELLEN HOPE DeMARIA. Hall,Main Road,Southold,New 'I said County, being duly sworn, says that he/she is York, on THURSDAY, AU- Variance from Condition No. 1 rendered July 8,1965 under Ap- Principal Clerk of THE SUFFOLK TIMES, a Weekly GUST 20, 1987 at the following peal No. 785, and Article III, times: Section 100-32, for approval of Newspaper, published at Greenport, in the Town 7:35 p.m. Appl. No. 3602 - the construction of accessory Of Southold, County of Suffolk and State of New MARGARET . McNAMARA. storage shed in frontyard area as Variance to the Zoning Ordi- shown'on survey prepared by York, and that the Notice of which the annexed is nance, Article XI, Section 100- Roderick VanTuyl,P.C.April 9, a printed copy, has been regularly publishpad in 119.2(B) for permission to con- 1984.Location of Property:West 11 struct wooden deck attached to Side of Private Road(West View said Newspaper once each week for existing dwelling with•an insuf- Drive) Orient, No.1000-13-3-3.Orient,NY;County Tax —� ficient s Map Paetback from existing weeks successively, commencing on the timber bulkhead and Peconic 8:15 p.m. Appl. No. 3656 - day of A Ug U 9_._t_. _._—_ 107 - Bay. Location of Property: 640 NICHOLAS IPPOLITO.Vari- Takaposha Road (Private Road acces to the Zoning Ordinance, #15),,Southold,NY;County Tax .Article III, Section 100-31, and Map Parcel No.1000-87-06-10. Article XI,Section 100-119.2,for 7:40 p.m. Appl. No. 3646 - permission to construct garage — -- Y ROBERT AND NANCY addition to dwelling with an in= cipal lark MUIR.Variances to the Zoning sufficient southerly sideyard set- Ordinance, Article III, Section back, insufficient total 100-31, Bulk Schedule, for per- sideyards, insufficient setback mission to construct additions to from bulkhead along Ar- Sworn tO�aOre ma this f dwelling with an insufficient shamomaque Pond, and exces- ;;;7 - 19 / rearyard setback and insuffi- live lot coverage. Location of MARY K.DEGNAN cient frontyard setback. Loca-. t Property: 230 Carole Road, NOTARY PUBLIC,State of New York tion of Property: Corner of Gil- Southold', NY; County Tax Map Suffolk County No.4849860 lette Drive and Cleaves Point Parcel No.1000 052-02 007. Term Expires Februart� q p y Road,East Marion,NY;County 8:30 p.m. Appl. No. 3653 - Tax Map Parcel No. 1000-38-2- NORTH ROAD AS- 29• SOCIATES.Variance pursuant 7:45 p.m. Appl. No. 3643 - to New York Town Law,Section EUGENE PERINO. Variance. 280-a,for'approval of access over to the Zoning Ordinance,Article private right-of-way extending XI,Section 1007119.2 for permis- 170 feet from the north side of sion to locate proposed dwelling Main Road.Orient,NY;County with or without deck addition Tax Map Parcels No. 1000-18-4- within 75 feet of nearest wet- 1.3 and 2. lands along the shoreline of. 8:40 p.m. Appl. No. 3592 - Marion Lake. Location.of Prop- BENTE SNELLENBURG. erty:West Side of private right- Hearing recessed from July 16, of-way known as "Truman's . 1987 Path,"East Marion,NY;County 8:50 p.m. Appl. No.-3654,- Tax Map Parcel No. 1000-31-12- WILLIAM MOORE,ESQ.and 16. BENJAMIN HERZWEIG, ESQ. Variance to the Zoning 7:50 p.m. Appl. No.'3644 - Ordinance, Article XI, Section JOSEPH REINHART, FRED 100-119.2 for permission to es-, WIGHTMAN, and DAVID taplish"building envelope"with FREY. Recessed hearing from setbacks of not less than 38 feet July 16,1987 to be reconvened. from nearest wetland along 8:00 p.m. Appl. No. 3647 - existing' two-foot contour and JOHN AND JOAN WETZEL. not less than 30 feet from.the .Variance to the Zoning Ordi- front property line(as approved nance, Article II;I, Section 100- under Appl. No. 3412 June 30, 31 and Article XI, Section 100- 1987).Location of Property: 675 119.2, to construct.additions to Meadow Lane,.Mattituck, NY; dwelling with reductions in the- Mattituck Estates Lot No. 42; sideyard, and to construct addi- County Tax Map Parcel- No. tion landward of existing dwell- .1000-115-5-7. ing structure 70-± feet from the The Board of Appeals will nearest wetland edge or highwa- hear at said time and place all ter mark along Eugene Creek. 'i persons or representatives desir- Location 'of Property: 4635 ing to be heard in each of the Pequash Avenue (Fleetwood above matters. Each hearing Road), Cutchogue, NY; Fleet- will not start before the time al- wood Cove Lot No. 12; County lotted. Written comments may Tax Map Parcel No. 1000-137- be submitted prior to the conclu- 04-006.- d sion of the subject hearing. For more infoAmation, please call 765-1809. Dated:July 27,1987. BY ORDER OF Thr, SOUTHOLD TOWN BOARD OFF APPEALS FER�UCdO FRANKOLA. NOTICE IS:HEREBY G1V v Tiance toto the Zonln�r- EN,pursuant to Section 267 of lance, Article XI, Section . s ; the Town Law ac�isl the Code of ,.,J-119.2 for permission to con- the Town of So o10;,7ttfe? struct swimmingpool,deck and following hearings,i�k1 lie`he�d '�• fence enclosure within 75 feet of by the SOUTHOL�sI2 TOWN wetland area along West Creek. BOARD OF APPEALS at a Location of Property: . 1900 ul s that she IS the Regular Meeting at the Southold Glenn Road, Southold, NY; y sworn says Town' Hall, Main Road, West Creek Estates Lot No:1 i, AND TRAVELER WATCHMAN, Southold, New York, on County 'Tax Map Parcel No. at Southold, in Suffolk County; THURSDAY,- AUGUST 20, 1000-7&02-36. 1987 at the following times: 8:10 p.m., Appl. No. 3655- ich the annexed is a printed'copy, 7:35 p.m. Appl. No..3602- FLLEN HOPE DeMAR1A. d Long Island Traveler-Watchman MARGARET McNAMARA. Variance from Condition No. / weeks Variance to the Zoning Or- rendered July 8, 1965 under Ap- ' ' ' ' ' ' ' ' ' ' ' dinance, Article XI, Section peal No, 785, and Article III, 4" 100-119.2(B) for permission io Section 100-32, for approval of on the . . . . . . . . . . . . . . . . . . . . . . construct wooden deck attach- a the construction of accessory ed io existing dwelling with an storage shed in frontyard area as insufficient setback from ex--, shown.on,survey prepared by , . , . 19 , isting timber bulkhead and Roderick VanTLyl,P.C:Apri19, Peconic Bay. Location of Pro- 1984—Location of Property: perty: 640 Takaposha Road West Side of Private Road(West -: . .. . . . . . . . . , -- (Private Road No. 15), View Drive),Orient,NY;Coun- Southold,NY;County Tax Map" ty Tax , Map • Parcel No. Parcel No. 1000-87-06-10. 1000-13-3.3.•- 7:40 p.m. Appl. No 3646- 8:15 p.m. Appl. No.' 3656- ROBERT AND NANCY NICHOLAS IPPOLITO. d of MUIR.Variances to the Zoning Variances to the .Zoning Or ' ' ' ' ' ' ' ' ' ' ' ' day Ordinance, Article III, Section dinance, Article ,III, Section 100-31, Bulk Schedule, for per- 100-31;and Article XI, Section l 9 cS' mission to construct additions 100-119.2,for permission to con- to dwelling with an insufficient struct.garage addition to dwell- rearyard setback and insuffi- ing with an insufficient souther- cient frontyard setback. Loca ly sideyard setback,insufficient r tion of Property: Corner of total sideyards,.insufficient set Gillette Drive and Cleaves Point back from bulkhead along.Ar- .. . . . . . . . . . . . Road,East Marion,NY;Coun- 4,0 shamomaque Pond, and ex- ,tary Public ty Tax Map Parcel No ;i cessive,lot coverage.Location of, 1000-38-2-29. r' Property:, 230 Carole Roadp BAI;13ARA 170RJ31..`; 7:45 p.m. Appl. No. 3643- Southold,NY,County.Thx Map .1rY Pub;ic, State or EUGENE PERINO. Variance Parcel No. 1000-052-02-007. No. 480L, .:t; to the Zoning Ordinance, Arti- 8:30 .p.m. Appl. No. 3653- �Ual'ficd in Sua''oj,, Uoula,, cle XI,Section 100-119.2 for per- NORTH ROAD ASSOCIATES,'nissiun ]s'xpires 3/ l,y F� mission to locate proposed' Variance pursuant to New York dwelling with or without deck Town Law, Section 280-a, for addition within •75 feet of approval of access over private nearest wetlands along the right?of way extending 170 feet shoreline of Marion Lake.Loca- from the north side of Main tion of Property: West Side of Road, Orient, NY; County Tax private right-of-way known as Map Parcels No. 1000-18-4-1.3 "Truman's Path;'East Marion, and 2. NY;County Tax'Map Parcel No. 8:40 p.m. Appl. No. 3592- 10(10-31-12-16. BENTE SNELLENB.U.RG.,. 7:50 p.m:' Appl: ,No. 3644 Hearing recessed from July 16,. JOSEPH REINHART, FRED ` 1987. WIGHTMAN, rAND DAVID 8.50 p.m.,Appl. No. 3654- FREY. Recessed hearing from �� WILLIAM MOORE,ESQ.and July 16, 1987 to be reconvened BENJAMIN , 8:00 p.m. Appl. No. 3647 Ems.Variance to the Zoningi JOHN AND JOAN WETZEL. 'Ordinance,Article: Xl;Section Variance to the Zonmg r- 100419.1'•for •permission to dinance, Article III, Section. establish.,"building envelope" 100-31 and Article XI,.Section with setbacks of not less than 38 100-119.2'to construct additions` . feet frortirnearest wetland along to dwelling with reductions in, existing two-foot contour and the sideyard, and to construct not less'than 30 feet from the addition landward of existing, front property line (as approv- dwelling structure 70t feet .i ed under Appl. No. 3412 June from the nearest wetland edge or i 30, 1987)..Location of Proper- highwater mark along Eugene' , ty: 675 Meadow Lane, Mat- Creek. Location of Property: tituck, NY; Mattituck Estates' 4635 Pe.quash Avenue (Fleet- Lot No.,42; County Tox Map wood Road), Cutchogue, NY, ,.;; P,4yce Nod 1000-1.15-5-7. Fleetwood Cove Lot No. 12; (« jhe ;Board o(_!Appeals will County Tax Map Parcel No.' ear at said time and place all 1000-137-04-006. persons or representatives desir- ing to be beard in each of the Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765.1809 APPEALS BOARD MEMBERS CERARD 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 the're are questions from board members or persons in the audience . Please 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 I G RARD P . GUEf1RGER CHAIRMAN Linda -Kowalski Secretary and Board Clerk Enclosure Page 4 - List of Mailing Notice of Hearings August 20 , 1987 ZBA Regular Meeting Copies to : Suffolk Times L . I . Traveler-Watchman Town Clerk Bulletin Board J . Kevin McLaughlin , Esq . for. McNamara Mr . and Mrs . Robert Muir ,. 14 Robin Road , Dix Hills , NY 11746 Mr. and Mrs . Eugene Perino , 132. Bayview Avenue , East Islip , NY 11730 Mr. and Mrs . John Wetzel Mr.. Ferucio. Fra.nkola , P..O .. Box- 63O , Southold , NY 11971 Mr_. Ferucio. Frank.ola , 901._ 138th Place , Malba , NY 11357 Mrs . Ellen H . DeMarial06 Vineyard Place , Port Jefferson , NY 11777 Gary Flanner Olsen , Esq . for N . Ippolito .Mr. . and Mrs .. Joseph Smulcheski , Carole Road , Southold , NY 11971 Patricia C. Moore , Esq . for North Road Associates Mr. Edward'Linker , Box 791 , Orient , NY 11957 e nd` Mrs . Joseph Snel lenburg Phi •a,,J . Cardinale , Esq . Dor ld Dean William D. Moore , Esq . ZBA Members by mail Individual ZBA files ZBA Office Bulletin Board Building Department ' Administrator V.. Lessard Planning Board Supervisor F. J . Murphy ��S�FFDC��o Town Hall, 53095 Main Road P.O. Box 1179 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 7/10/87 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3648 application of Ferucio Frankola 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 f �r TOWN OF SOUTHOLD, NEW YORK LJ ea) APPEAL. FROM DECISION OF BUILDING INSPECTOR APPEAL NO.-� ''" 7 DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. /?00 1 (W" ."'6!eJ c:1.°....�iP�IJC '-OLi ..............of ....�'l.L (/�. .'eP...... SO T4Of-9......:......... . .... . .. .... .. ..... Name of Appellant Street and Number S.,o r��e9 ,V y .. . . ..................................... ..............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 Applicant for permit of 'G IJ 'p-9 /9100 -59 a71-1ue l� .................................................................................................................................. Street and Number Municipality State (X) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ... ©�..: 4'14'-1J/'/ 09-0 bL�S/Jc �4 t- Street /Ha mi. et / Use District on Zoning Map District 1000 Sectionol8 BlockoZ Lot 3� Current Owner C_'eecJc«% -'f Axj c,_4 Map No. Lot No. Prior Owner 1�e• 6IJ 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 xt Section /av - 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) V) 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 (has) (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 andwas made in Appeal No.. ................................Dated .................................................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( A V6rionce to the Zoning Ordinance is requested for the reason that dr�,,j-Ap '�U o I AJ c-L 0 S u OL-,—C /AI i�/� �L&AP f�l b 40 Form zsi (Continue on other side) REASON FOR APPEAL Continued 1. STRICT CPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSH because 7-� ,�C S /./0T --7eO 2 c9 X n IAI - (4'.e 0 .Z/ C) 2. The hardship created is UNIQUE and is not shared by all properties alike iri the immediate vicinity of this property and in this use district because 5/ots G� -,�6,e,6' /> 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because qV IAI<�;deo v pli o L Af G T. /3 mil/ 17��4i! 51� c T STATE OF NEW YORK ) j ss COUNTY OF Signature................................. Swornto this ........ ...... .................. day of....... �u ..........:................... 19 g� . .... 4_4_161L Notary Pub MARY ANN CY.BULSKI _ NOTARY PUBLIC State of New York Residing in Suffolk County No 52.5895900 �omm�ss�oa{;xpires at 30 19g BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of I u ca'a L22 /I NOTICE TO (? to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha e 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] O 13oiz-0 A Zdric�a /P Cy.2oopud2 ,Su, C�J✓�-tliL�r Poo ;- ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- gibed as follows: 40? jtf 11 7W 5r,ti•4cc de:-4m1 05G L o 7 s!2-E ioo IK, Z�3 3. That the property which is the subject of such Petition is located in the following zoning district: /ADO GcNi� +� Sy u TAeoc_y) /q- Z D A/ - 4. That by such Petition, the undersigned will request the following relief: //,4p-l/WCIE -7-e' /_2 u/ �� Zo `�C e�' /,(f�i�E'� v �'-9 5 e� l/Lq '44 l NC/ �0 0 0 L_ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 00 Section_ /Lo - /J9- Z [ ] 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 Travel er-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 i�Iey�L I-�,/`X Owners ' Names • /`�K-C) Post Office Address / 2 �8 Tl�c�� /✓L/ Q cr (Tel 7y, PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS r a I STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK.) fie /'c.cc.io --Tj57_.J-7 .-01-7 residing.at J-/ "`7') 'i �J-' �� 5-v 7IJ-P L-, being duly sworn, deposes and says that on the /a day of /W , 19 6, 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 Sou 4-1,o &I� that said Notices were mailed to each of.said persons by (certified) (registered) mail. i Sworn to before me this day of 4- 019 Notary Pub is MARY ANN CYBULSKI NOTARY PUBLIC State of New York Residing at Suffolk County No $?,5895900 'ummibbiu+ t:xp1fee:APtl130.11 � (This side does not have' to be completed on form transmitted to adjoining property .owners.. ) SNORT FNylRolllar•.r1TAr. A!;.','r.: :11T 1•r11114 IHSTRUCTI01-St (a) In order to answer tho quosr.ion:3 in thin short EAV io la asauir.od that the pproparar will use currently available inforin•rtion concerning the projoct and the likoly _impacta of the actions It is not uxpected that additional studios, rocearch or other investigations will be undertaken. (b) Il any question has boon ansvrorod 'l,::r tho pro joct rrny bo nij;nificant and a . ecrplotod Environmental Assessment Form is necessary. (c) if all questions have been answered No it io likely L; nt thi:r pro.J(!ct i:r not significant• (d) F_nvironnrntnl Assessment 1. Will project rosult In a large )physical clvingo to the project site or physically alter. more than 10 acres of land? Yr;t . 2. Will thoro bo a minor chnngo to any uniquo or unusual land form found on the site? . Y(P) 3• Will project alter or have a la'rg;u offoct on an existing; body of wdtar? . . . . .. . . . . . �- Yen u7 4. Will project havo a potontially largo impacb on groundwater quality? Y(1-r g !1� $. Will project significantly. offoct drainage f1cnr �,. J ry on adjacent sitos? . . . . . . . . . Y,,•, _ ry c) ---- -- V�� .4 r+ 6. Will project affect any throatunull or endunpvrod -plant or ani^ral species? •(c: , rn y. Will pro act result in a major advor:rn oflcct n o n air quality? . • • --- :r: , 8. W111 project havo "a major offoct c,n viaunl char'- == actor of the community or scenic vie'.rs or vinta.r; known to bo important to tho corrmunit77 . . . Y(:'n 9. Will project advorooly impact any situ or' ntruct- ura of hiator-ic0 pro--historic, or paluoncological importance or any sito designated as a critical onv,ironmontal aroa by a local agoncy? • Yo:3 __� 1 10. Will project have a major offoct on exiuting or future recreational opportunitio:j't . . Yco 11. Will projoct.rosult• in major tra£i'ic problemn or � . cause a major offect to existing; rrannpor'tation 12. Will project rogularly cauno objectionable odor!., noize, glare, vibration, or electrical di:;turl- - anco as a result of the proiact,:3 'Cperatiorl? To Ar" 13. Will project have any impact on public health or A IL. 14111 project Affect tho oxi:rting; c•onunlrnit/ t,y directly cawing a (;tooth in per,h,ir.r.nc g;r;gnrla- Lion of more than 5 110rcent ovor a crie.-yu.or ficriod or have a major nvl:ativo .arfeCt un character of rho community .r Y3cl,;hLur bred" . Yc + �' 15. Is LhcrC public CO(ltz'wufry Cirr c'cr'nin". {1:a pro�'.cc?- PREP RER'S SIGNATURE-1 ""` rITLE:: ® - ----� REPRES=;:TI::C: 1),1TU: mC 1. ACV , QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION 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. I . Are there any proposals to change or alter land contours ? ,� Y e s 2 . a) Are there any areas which . contain wetland grasses ? (Attached is a list of the wetland grasses defined by Yes I Town Code , Ch . 97 for your reference . ) *b) Are there any areas open to a waterway without bulkhead? .EC es' 3. Are there existing structures. at or below ground level , such as patios , foundations , etc? es NE 4. Are there any existing or proposed fences , concrete barriers , decks , etc? Yes Nv 5 . If project is proposed for an accessory building or structure , is total height at more than 18 feet above average ground level ? State total : _ ft . Yes N 6. If project is proposed for principal building or structure , is total height at more than 35 feet above average ground level ? State total : ft . Yes 7 . Are there other premises under your ownership abutting this parcel ? If ..yes , please submit copy of deed. Yes 8. Are there. any building permits pending on this parcel (or abutting land under your ownership , - if any ) ? Yes State Permit # and Nature : 9. Do state whether -or not app-lications are pending concerning these premises before any other department or agency (State , Town , County , Village , etc.. ) : Planning . Board Yes No Town ._Board Yes No Tot-in Trustees oatyc-k 4A?4A17-&1) Yes No County Health Department _ Yes NO Village of- Greenport Yes No N . Y . S . D . E. C . ®—<J0`M4 Yes No Other Yes No 10 . Is premises pending a sale or conveyance? If yes , please submit copy of names or purchasers and conditions of sale . (from contract ) . Yes t 11 . Is new construction proposed in the area of contours at 5 feet or less as exists? - Yes 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 Ye Na the requirements of Ch . 97 of the Town Code ? 13 . Please list present use or operations conducted upon the subject property at this time R0,*w6,uy/aL_ _ and proposed 46: *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. application . Signature Property Owner Authorized Agent 3/37 1 k I' § 97-13 WETLANDS § 97-13 TOWN — The Town of Southold. TRUSTEES — The Board of Trustees of the Town of Southold. [Added 6.5-84 by L.L. No. 6-19841 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26=.. 85 by L.L.No.6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on, tidal waters, or-lands lying beneath tidal waters, which at mean low tide are covered by tidal water$to a maximum depth of five (5) feet, includinK 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, "fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of tine following: salt hay, black ( grass, saltworts, sea lavender, tall cordkrass, 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 I;indwarrl 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 EnvironmenLal Conservation Law of the State of New York; and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection 13(1)and lying with- in seventy-five (75) feet landward of the most land- ward edge of a"freshwater wetland." ' 9705 . �•_s•Na 4k 4�4 Al