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,d< � E ........... 0 Southold TO ova DO ®f Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 1 � � TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3658 Application Dated July 30 , 1987 TO: Mr. . and Mrs . Paul Ferdenzi [Appellant (s) ] 470 Haywaters Drive Cutchogue , NY 11935 At a Meeting of the Zoning Board of Appeals held on October 8 , 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 :,.[ X] Request for Variance to the Zoning Ordinance Article III ', Section 100-32 [ ] Request for Application of PAUL AND CORRINE FERDENZI for a Variance to the Zoning Ordinance , Article III , Section. 00-32 for permission to locate accessory building in the frontyard ,area. Location of Property : 470 Haywaters Drive , Cutchogue , NY; County Tax Map Parcel No . 1000-104-5-21 . WHEREAS , a public hearing was held and concluded on September 10 , 1987 in the Matter of the Application of PAUL AND CORRINE FERDENZI under Appl . No . 3658; 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 . By this application , appellants request a Variance from the Provisions of Article III , Section 100-32 of the Zoning Code for permission to locate 16 ` by 26 ' accessory storage building/garage structure in the frontyard area at a point not closer than 50 feet from the front property line along the west side of Haywaters Drive and not closer than five feet from the northerly (side ) property line . 2 . The premises in ' question is a described parcel of land containing a lot area of 34 ,035 sq . ft. with 139. 68 ft . frontage along Haywaters Drive and is more particularly identified on the Suffolk County Tax Maps as District 1000 , Section 104 , Block 5 , Lot 21 . 3 . The subject premises is - located in the "A" Resi - dential and Agricultural Zoning District and is improved (CONTINUED ON PAGE TWO ) DATED: October 8 , 1987 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appl . No . 3658 Matter of PAUL AND CORRINE FERDENZI Decision Rendered October 8 , 1987 with a single-family , two-story framed house set back 96± feet at its nearest point from the front property line and set back very closely to wet meadow areas in the rear yard (to the west ) . 4. A waiver has been issued by the Southold Town Board of Trustees August 27 , 1987 from the requirements of a Wetland Permit of the Town of Southold as noted in its September 1 , 1987 letter. 5 . Information has been furnished by appellants to the Board to indicate that the area chosen for this accessory structure is not an environmental area . 6 . Article III , Section 100-32 of the Zoning Code permits accessory buildings only in the rear yard area . 7 . The rear yard area of the appellants ' property consists mainly of meadow grasses and wet areas , and is not a feasible location to place the requested accessory structure . The Board is in agreement with the appellants under the circumstances . 8. It is the opinion of the Board that : (a ) the relief requested is not substantial ; (b.) the project as proposed is not out of character with the general neighbor- hood ; (c ) the circumstances of' the property are unique and lend .to the difficulties created herein ; (d ) the circumstances are not personal in nature ; (e ) the variance will not in turn be adverse to the safety, health , comfort , convenience or order of the" town ; (f) there will not be an increase in density created by this variance ; (g ) there . is no other method feasible for appellant to pursue other than a variance ; (h ) that in view of all the above factors , the interests of justice will be served by granting the variance requested and as noted below . Accordingly , on motion by Mr. Goehringer , seconded' by Mr . Grigonis , it was RESOLVED , to GRANT the relief requested in the Matter of the Application of PAUL AND CORRINE FERDENZI under Appl . No . 3658 for the construction of an 16 ' by 26 ' accessory garage/storage structure , SUBJECT TO THE FOLLOWING CONDITIONS : -1 . That the accessory garage/storage structure not be used for habitable quarters and must be accessory to and incidental to the residential use of the premises and not operated for gain [as proposed] ; 2 . That the accessory building be located not closer than -50 feet to the nearest point at the front property line [as proposed] ; 3. That the accessory building be located at least five feet from the northerly side property line [as- proposed] ; 4 . That the garage doors face the rear of the property ( if feasible ) ; 5 . No plumbing facilities to be permitted [as proposed] ; 6 . All water runoff must be retained on the site ; 7 . Any alteration in the roof, design other than as applied will require re-application and re-consideration before this Board ; 8. Accessory structure not to exceed 17 feet in total height (to the top of roof line ) . Vote of the Board : Ayes : Messrs . Goehringer , Douglass , Grigonis and Doyen . (Member Sawicki was- absent . ) This resolution was duly adopted . 1k i GERARD P . GOEH INGER , VfAIKMAN 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 , SEPTEMBER 10 , 1987 at the following times : 7 : 35 p .m. Appl . No . 3651 - DEAN 'KAMEN . Variances to the Zoning Ordinance , Articles : -- (a) III , Section 100-32 as to excessive height, ' (b ) XI , .Section 100-119 . 2 as - to- insufficient setback from ordinary highwater mark 'of Long Island Sound , of a proposed wind--turbine-generating-- tower to be constructed landward or near existing granite moAb lithic structure. Location of .Property : North Dumpling Isla-nd-; NY ; County Tax Map Parcel No--.- 1000-.130-01 -004. 7 :40 .p .m . Appl . No . 3662 - 'THOMAS AND 'FRANCES 'SMITH . Variances to the Zoning Ordinance, Articles : -- ( a ) III , Sec- tion 100-3.1 , Bulk Schedule., 'as to an insufficient sideyard setback of garage , when attached to principal dwelling- structure with raised open-deck construction-, '(b ) XI,- Section 100-119. 2 for an insufficient setback from existing seawall landward of wetland area for proposed deck. addition , ' (c)-- III , Section 100-32 , 'for approval of garage as an accessory structure in the sid'eyard area as an alternative to attaching same to dwelling structure ' Location of Property. 200 .Hay- waters Drive; 'Cutchogue , 'NY; - County Tax -Map - Parcel No . 1000-104-05-19. 7 :45 p .m . Appl . No . 3622 - 'CHRTSTIAN 'B. SALMINEN . Variance to the Zo.ning- Ordi:nance ,: Article XI., Section 100-119.2 for permission to construct deck addition to dwel-li'n-g- and accessory -stairs , both with an insufficient setback from edge of Marion Lake , or landward edge of- freshwater wetland , whi-chev-er is closer. Location of Property :- 240,, Lakeview Terrace , East Marion, NY ; County .Tax Map Parcel N-o . 1000-31 - 9-15 . 7 : 50 p .m. Appl . No . 3658 - 'PAUL. 'AND 'CORRINE FERDENZI . Variance to the Zoning Ordinance , Article III , 'Section 100-32 for permission to locate accessory building in frontyard area . Location of Property :.* * 470 H'aywaters Drive; 'Cute.hogue , `'NY ; County- Tax Map Parcel No . 1000-104-5-21 . Page 2 -- Legal Notice of Hear-ings Regular Meeting - September 10 , 1987 Southold Town Board of Appeals 7 : 55 p .m . Appl . No . 3665 - LEHESK BUILDING CORP. Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of construction of open - deck with an insufficient rearyard setback at 360 Sebastian ' s Cove Road , Sebastion Cove Lot No . 5 , Mattituck , NY ; County Tax Map Parcel No . 1000- 100-03-11 . 8 . 8 :05 p .m. Appl .. No . ' 3593 - ,QUIET MAN.: INN (Reconvened from May 21 , 1987 ) .. Variance to the Zoning Ordinance , Article VII , Section 100=..71 , 'Bu.lk Schedule, for permission to construct addition in this_ "B=111 General Business Zoning District with an insufficient frontyard setback from the westerly property line along Hobart Avenue . Location of Property : -Corner of- Main Road .and Hobart Avenue , Southold, 'NY;-- County. Tax Map- Parcel no. 1000-.62--3-7 . 8 : 10 .p. m. Appl . No . . 3659. =•'.QUI.ET '.MAN .INN . Varf ance to the Zoning Ordinance , Ar.ticl.e X-I, S-ection 100.-112' (and Article III , Section- 100=.31 ) for approval of insufficient number of parking spaces-- of .this preexisting business use. Loca-tion of Property : Corner of Maine-Road -and Hobart Avenue ., Southold , NY; County. Tax Map Parcel No . 1000-62�-3-7. - 8 : 20 .p .m . Appl ... No. 3628 "GEORGE 'AND JANE 'KA.YTIS. Variances to the Zoning Ordinance Article I-II,- Section. 100-.31 , Bulk Schedule , 'for approval of insufficient area of two proposed parcels_, Lot- #1 of• 40-;000 sq-. ft_ 'and Lot #2 of 1 -443 .acres , and .insufficient fro-ntage of Lot' #2 along Robinson Road , .Southold ,. NY ;. County Tax--Map° Parcel No . 1000.-81 -03-15 .4 (or 12 ) - 8: 35 p . m. App] _ No .. 3654. 'WILLIAM 'MOORE; ESQ: and BENJAMIN HERZWEIG ; -=ES`Q.. . Varian-ce t-o - the Zo:n-ing-Ord-i.:n.ance, Article XI , Section 100-.119.,2* for permission to establish "building envelope" with. setbacks of not less than 38 feet from nearest we.tlands along 'existing two-foot contour and not less than 30 - fe.et 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 ;. 10GO-115-5-7 . ' (Reconvened from 8120/.87 ) . Page 3 - Legal Notice of Hearings Regular Meeting - September 10 , 1987 Southold Town Board of Appeals 8 : 55 p .m. Appl . No . 3653 - NORTH ROAD ASSOCIATES . (Reconvened from August 20 , 1987 ) . Variance for approval of access at Orient. The Board of Appeals will hear at said time and place all persons or .repres.entatives 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 : August 20 , 1987 : B.Y ORDER OF THE SOUTH.OLD TOWN BOARD OF APPEALS GERARD -P . G•OEHRINGER, CHAIRMAN Linda Kowalski , Board Secretary -------------- ----------------------------------------------x Notice to Newspapers : Please publish once., to wit .-. Sept 3rd, 1987 and forward one af:fi.d:avit of,_,.pu.b.7 icati on to .-. Board of , Appeals , Main Road, Southold ,. 'NYJ1971 . ---------------------------------------------------------------x FOnM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . (:),-,(j12-A-J . . . . . . . . . . .. ig TO .. . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated 19 for permit to construct . .Q-.-A- Aq q-`'� . . . . . . . . . . . . . . . . . . . . . . . . . . . at Locitionof-Property House No. Street t, Hamlet County Tax Map No. 1000 Section � . . . . . . Block . . . . . . . . . . Lot . . . . . . . . . Subdivision . . . . . . . . . . . . . . . ... Filed Mal) No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproval on the following grounds . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . ,L �J . . . . . . . . . . . Building Inspector RV VC0 71,-001,Y7 E5qlVED /D2�'/S� i � pS�987 TOWN OF SOUTHOLD, NEW YORK APP M DECISIONOF BUILDING I 36 5 Town Cler�u�l�� . U NG INSPECTOR APPEAL NO. 7z���� DATE ...... ....................... TO THE Z NING BOARD OF APPEALS, TOWN.OF SOUTHOLD, N. Y. n i .. ................................ Name of Appellant Str et,,and Number ........ —�. ......... .................................... 9=9 EREBY APPEAL TO . ... . Municpality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ..16/..l.lc..dP11_1 ....... WHEREBY THE BUILDING INSPECTOR .DENIED TO ................ ...... . ..........&... Name of Applicant for permit / of I Street and Number Municipality � State ( ) PERMIT TO USE (74� PERMIT FOR OCCUPANCY AW 1. LOCATION OF THE PROPERTY7..a.. t.. !� 5� !/Z�.(�• .... 1x./�flJ,`.�, ,�,,,� S eet /Hamlet / Use District on Zon.i'hg Map District 1000 Section��t�BlockjQ51ota� .........................:.Current Owner&i NN Mop No. Lot No. Prior Owner zEe&AZ DEf?'lpS � 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 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (b,<A VARIANCE to the"Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (ha (has not) een 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 o variance andwas made in Appeal No. ............................. .Dated ...... . .... ................................................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that &1/212�iU/ D/U/ �s N 7c- �O G� / ' ) k"tit Form zsi (Continue on other side) t Y,l REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficultie.s"&r unneces- sary HARDSHIP because 0141V N b fi CID A)T 7L4U C_ , �/IJ C.f1 L,/��/-7 ` %C,�Y-W f err Z-,d & , 7,C/ -J�' GC1F '-L Z'/1/j 4-1, S/-7Lt4 A-k 0/ , 40A�X-l- /Sy Gam, 04•t) ,Lie j-/- y 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 blAv 3. The Variance would observe the spirit of the Ordinance' and WOULD -NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) � " p ) ss :........................... ................. COUNTY OF + C-) Signature Swornto this ..................... �..`.............. day of.................. -�L ...................... 19�7 U a S . L) , ...........Not :....Public......... ............... NANCY S. WRIGHT Notary Public, State of New York No. 4737476 Qualified it Srffolk County Commi 4ion Lxpir'�s s', TO WH OF SOUTHOLD PROPERTY RECORD CARD 0 0 - / - --)/ , m- / OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N ACR. S R W TYPE OF BUILDING SEAS. VL. FARM COMM. CB. MICS. Mkt. Value D I I LAND IMP. TOTAL DATE REMARKS )d)r �LQ d -.4 -,;k- U0 ,c- Z-71 74 M14 14 r v (714 I�OLL�!� 4r" AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Ac re Tillable FRONTAGE ON WATER I s, Woodland FRONTAGE ON ROAD j Meadowland DEPTH e- 119- House Plot BULKHEAD Total DOCK ■■■■■MINSIN■■■■■■■■■■■■■ ■■■ : Ad Y` ■ ■■■■■■■■■■■■■■■■■■■■■■■ ■■■ . a ■■■■■■■■■■■■■■■■■■■■ ■■■■■■I 4� ` ■■■■■■■■■■■■■IJJv■■■■ ■■■■■ Ell VP zz sm « - ■■■■■■■■■ i�iii■■■■■■■1 ■■■ IM■■■■MI■E'Z■wl■■�■ IN • ■■ ■■■IYi■■■■■�■■■ immossimmom MINIMEMIN • • r j / — _______ _�..___.__.___._--'__—.---�'�hls!°r'°.'�If�= ��. r•K=�Y:`!i ► .'��. _�- •f-fl.�..y� '. f '---A~��•i7 f /% ----- - -- - MpP oi=rn P CB ? L _�!� � � ••� � o'�` Y� 7420�� 4wl To�rrt OFP19 , p/ y'• / �! /�/�61 r� elf t a { morf.2.o55� , ,�!000' �!or7e >� Q, f Scale . 50 '= I" Area = 34,036 sq.f�f. j; s J`CNfYIt'I-� = "iroer pipe i house, � 1 t i t7 cures' f�� 21 . f�� r - j 1 V--y4 rt:, are rrr� M- _-=C-v.�� -,eo., sea rCvel, 1 i S_ r i SU�olk Courrfy Tax nNlcgr DeSimia-hIOrt: f Cc�ar-cmr,ir�ci >tc� UiSf. 1000, Sec*. 104, 3flc. 5, PC1. 21. �i OK VAN!DYL,.,P.C. i { L-.icemse'd Lan.( Sup-vc-� p", ----_- _----- - --- -——-----_--� G r�s�too►-->� 1Vew York l -- I I flnra�rhoci=a7 al4nation e.-ad�+ ip► to this eurvey is a vio etio of - _ - - - - Sectian79QFo�tha-MowYax6' -'' �,C n.. •�:• i _ter-• __..�'. . .� .,��t"' ..+ � .„J4«It121"`:•• t�G�'r-i� �...� . Trs•- �..1 .ram Education lx,rr. - - 1 .WGY r su/ i It 1 .se wa o cx/ r i' !. :'. 1 _ _ �m d this s+rsm msp rest bud.-yq I F NE ' 1 ('r' I S 5 a �^ �?7r'Z7Gt�r of Cott o4ruci-ior-T 6i!l i :P.G. OInx «�� hu_rnus_ � the lent'vmv m-'s f*cd spa or �4 O1- ' sys-etri sot"-FFt{S tsra?�f�,e will�t7JYFK /„ �.r loam J simbaased eca ehrC r>ot laa o®r>Sb�ec�$ �P� Q\ K µ .a f7CY(X W. G A , .Y:.. !1� ' -fo :-Ere s�Farrta`ar-.!s c f �!�:r`� Co- = -_.._.__—_ __ __ _ __ __ 1 - j fi n� to a valid�uA copy. CO oa '1 ll` t sorrtc! Guwwytew indlego d h�rmm tom!ne /_ + r I. �et;�rrrerrf o f Neey,f I tZ� 1. i-v��;r?j -- 4' 1 anlr to tha Berman ter ws�xn tram eaeeer� a� ` ,`,� 1• , °' r rte i Is prapmrad,and on tic Malt to Ohm r 4b �O ' Mid done►nnution h"n 8� 'ls°• 111 l S 266 lS)--___ --,-•__-__- _....__-.--___.--._._..._-- _..__— —._._..__._.-__-.._ -_--- ! to the aaeigneoe of ft lending 1nsd- RpL D SJ� O�edsLy.d0OO, P j_•° xicrre; i t lotion.Gusrsnis0o.ronottran.€.rarlo AN �r`L to neKM onal lnekkAlwn w subsequent i TRANSCRIPT - OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR 'MEETING OF THURSDAY, SEP.TEMBER 10, 1987 Appl . No . . 3658 Applicant (s ) : PAUL AND CORRINE FERDENZI Location of Property : 470 Haywaters Drive, Cutchogue County Tax-.Map ID No . 1000- 104 = 5 21. Board Members present -were - Chairman Goehringer P. Goehringer , Members Serge Doyen, Jr. , Robert 'J. Douglass and Joseph H. Sawicki. Absent was : Member Charles Grigonis, Jr. The Chairman opened the hearing at 8 :15 o ' clock p .m . and read the notice of hearing and application for the record . CHAIRMAN GOEHRINGER: I have a copy of the survey produced by Roderick VanTuyl. The most recent date is November 20 , 1984, indicated a two- story framed house as indicated in- the application' of approximately 150 feet from Haywaters Drive and approximately 78 feet from a wet- land area and on this is a pencilled in sketch of an-.accessory`b.0 ld- ing in the sideyward approximately five feet from the north property _ line, 60 feet from the road, and at i:L' s farthest point; 50 feet from the toad at it' s nearest point of 16 by 26 . And I have a copy of the Suffolk County Tax map indicating this and surrounding properties in the area. Would-:you like to be heard sir? We always have questions. What happens to your garage as it exists now when and after you con- struct':`this building? MR. FERDENZI: It's still a garage. CHAIRMAN: How are you going to get in and out of it. It's on the. . MR. FERDENZI: Using the driveway. CHAIRMAN: But _this.'.is:.actually is placed almost on the existing drive- way, is it not? MR. FERDENZI: Nob: , It's along side of it. CHAIRMAN: Is the garage entered from the front or the rear or from the side? MR. FERDENZI:- The new garage? CHAIRMAN: The existing garage. MR. FERDENZI: From the side. . Page 2 - Ferdenzi firing Z.B.A. - 9/10/87 CHAIRMAN: From the side. So you're going to go in and go around it to a certain degree and get in it. MR. FERDENZI : The existing garage, you drive down the driveway and you make a sharp turn to the left and you go into the garage. ' That area is not going to change.'-.;.This garage, if allowed, will be for- ward of that area with the doors facing the water side of the house. CHAIRMAN: I see. Ok. And what is the proposed use of the garage? MR. FERDENZI: It' s to keep a truck in. CHAIRMAN: Is it to be used for any specific business or anything of that nature? MR. FERDENZI: The garage? No. Just to keep a truck in. The truck is used for business if that's what you.mean. CHAIRMAN: But you're not using the, you're not placing construction materials in it or using it for a business or anything of that nature? MR. FERDENZI: No. CHAIRMAN: Will there be any plumbing or any electrical in tthe garage? MR. FERDENZI:_ There will be no plumbing in the garage. There will be some electrical. Electrical to the extent of an overhead garage door and some general lighting. That's about it. CHAIRMAN: When you say 17 feet high, you're talking to the roof 17 feet? MR. FERDENZI: Yes. CHAIRMAN: :-What would be the actual height of the sidewall? Eight feet? MR. FERDENZI: ' No. The one side would be straight up to conform with the lines of the house. So you would haVesalmost seventeen+.:foot: brick wall down this way towards the driveway. The driveway would be eight feet or seven and a half feet off the ground. That"s how the front of the house="is built now. If you turn the house around it would be the same exact configuration. That's why I designed it that way. CHAIRMAN: What would the second story area be used for? Storage? MR. FERDENZI: It would be a small ten foot by maybe fourteen foot platform that maybe would have five foot of clearance. 13 trictly for storage.. CHAIRMAN: So the actual sweep of the angle is going to be towards the house. Not towards the next door neighbor' s property or into the drive- way. - MR. FERDENZI : The driveway area as it exists nowfin front of the new building or alongside the. existing garage, is not going to change. There's- not, five. feet there now before the existing garage doors and the neighbor:'s property. line. • 'Page 3 - Ferdenzi %ring Z .B.A. - 9/10/87 CHAIRMAN: What I was saying that this angle here that you're refer- ring to, - the water runoff will be toward your driveway. MR. FERDENZI: One hundred percent. CHAIRMAN: The only other problem we;,"have is with seventeen feet in height on the other side. Are you going to be able to put a ladder against this building and still be on your property? MR. FERDENZI : Yes. CHAIRMAN: Within five feet of the property line? MR. FERDENZI: Absolutely. No problem. CHAIRMAN: OK. MR. FERDENZI : I have a letter from Mrs. if you'd like to see it.which not only says we couldn't do, she kind of encouraged it as long as you have no problem with it. I don't think you have a copy of it. This is the only copy I have but if you want to take a look at it. Her house is probably 100 feet away from what we're talking about. CHAIRMAN: Can we keep this and return it to you? MR. FERDENZI: Sure. CHAIRMAN: Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Questions from Board members? We assume that it will be a conventional cement block construction and then a cement floor so on and so forth .similiar to a normal garage type of construction? MR. FERDENZI: Yes., The side will be the same as the house; square cedar with anderson windows all conforming to what is there now. CHAIRMAN: Thank you very much. Hearing no further questions, I' ll make a motion closing the hearing reserving decision until later. All in favor - AYE. BY�"�� COUNTY OF SUFFOLK ere. /I MICHAEL A. LOGRANDE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN 360-5206 DIRECTOR OF PLANNING October 28, 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) Margaret McNamara 3602 John & Joan Wetzel 3647 William Moore & Benjamin Herzweig 3654 Nicholas Ippolito 3656 Paul & Corrine Ferdenzi 3658 Very truly yours, Lee E. Koppelman Director of Planning S1s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPA'1GE. L.L. NEW YORK 11788 (51 6)360-51 92 Southold Town Bon, rd of Appeals MAIN ROAD STATE ROAD 25 SOUTHOL,D, L.I., INLY. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. R08ERT 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 : XX Variance from the Zoning Code , Article III , Section 100-32 Variance from Determination of Southold Town Building Inspector Special Exception , Article , Section Special Permit Appeal No . : 3658 Applicant :Mro and Mrs•Ferdenzi Location of Affected Land : 470 Haywaters Drive, Cutchogue, NY County Tax Map Item No . : 1000- 104-5--21 Within 500 feet of : Town or Village Boundary Line 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 1 ac,cPssDx building rd_are a- Copies of Town file and related documents enclosed for your review . Dated : October 22, 1987 Our z � , Ln ofd 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. D000LASS October 20 , 1987 JOSEPH H. SAWICKI Mr. and Mrs . Paul Ferdenzi 470 Haywaters Drive Cutchogue , NY 11935 Re : Appl . No . 3658 (Variance) Dear Mr. and Mrs . Ferdenzi : 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 wit..h 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 Suffolk. County Planning Commission yp 'r .: �^"�Q•�� > i B�fVEKd: • -. - � �V�f 1�1.69'23 SCy"E -. =8�.a? i•f r� ;� �-- --'----- --- ---- -._ .. -- -- ..-- ------ -- - - - ----- •--'---± i I r r m s -<-•=-•--1 { .. �l� -_,___-"--�`�i•. ��I j` S410 112V` 4 r I i ` � �;� �� ---78• ------' � -f8��•�i " �oo(s t"� V / ^� ;1 ��X✓/' (�`JfUC� \' �'7'�� � ! �--��-'�" �/L�✓� }� 5.69°23'SD"w - 2 1.86IQ nton.z.o5 f �. flood 2'Or:e « -4 �1.��—'F"- �!aOp' ✓ - �' A rea 34;035'Sq.f f I SCt-44-ec f 7'Z l � j mortvrrrerrl- i house I �'� f f O = lYOH �l�E' s E(eVa=1�J1`t are her U_ S. G V. �a �Jrr:• 1 ` ' SUFjotk Court-FV 7Yx Map DCSi,7t4a+i0t1: —_ :5,d -fo _ QiSf. /OOO, Sec+. 104, elk. 5, Pcl: I • ' L_.� '' ChiCcx�v r=iP (jt�Ul�c°�� Com�artct, i 1 ; ! --- ODDEF I CK VAN IFUYL f ,_____ -------- Licensed Land Surv�veVyam Greertjoorz< --- New York I„ vnawhafi7gd alt;;in on ar d nn to this unrey is o violation of i &pction 79. a'the Ww Yo. - i••� s - .. .,✓�t"�I C_•,, ^�• `?- -d. Education lr,�e+. 77-1e c4e-r`Sc1b,,� .SeWCI_� 5 O poi/ r w� L,t Z�1r�E�M COYt� -- -= 1 Copim of this mrwy msq not sati.•�q i . OF N E f'f' �f � �Y of .�fl'Z1C�ior vrYir g�✓. ^X 'hurt7us 7 W -•��. ,,� •r ! - ----�3.• i tt�,feru'sevveyo-o irdtcG trAA or ! ,r,�4 y . trt5 for-FkiS txs�ia( ; .e wf!l vtrt /+ (o�m amboosec7 6ea3 ehxet!rtct tro crartae P \CK V,4 O �! +n to be a valid true com �Q' �A �� I o° Qusretzceoe lttd'featere raeeraeat e9eoE!rstre \ mC�rrF f 85-SO-t-: _- �7C 1. ??�F-��«� } --- amly to tho peso,for v*wn#to erxvog► of F-feey fh S�rvic�s. , N.S. ' l�lc�.• —__ t - 4 k prepared;end on We b6ba1:48 tlta i t O thle company,governmental gvanay w d r Zo ry A ' t^QV G�': __ -----__-•-- do nd j lontffinQ lrtatittrt3otu 9"ttorxm and 4P, S 266 ` j (�) ,_�- ___.�._..--- - --- - --— I {t• to theaswonaoe at the lWxvnv insM- F� 0 5J� f r� r t ' .Gu nst udiens A�t-lt,--ar�-�• ; ___...__ �t1c� �!G�GQ, P. s� � L(sa�� m�rtlmal�;� i � w t10f;tTen*t6ritlli Wbaf/QWflt� l . _1 � ® C/ ®G� ~fl}7tAK E4r71 }y��J t.� HENRY P. SMITH, President r` JOHN M. BREDEMEYER, Vice-Pres. � t`.�Q ���,u TELEPHONE PHILLIP ` ._, ��'.`" . (516) 765-1892 J. GOUBEAUD ®��R ' � ALBERT KRUPSKI, JR. ELLEN M. LARSEN 'l r BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 G. September 1, 1987 Mr. Roy L-. Haje, President En-Consultants, Inc. 1329 North Sea Road Southampton, New York 11968 Re: Paul Ferdenzi - Waiver Dear Mr. Haje: The following action was taken by the Board of Town Trustees during their regular meeting held on August 27, 1987. ; RESOLVED that the Southold Town Trustees Waiver the need of a Wetland Permit as requested by En-Consultants, Inc. on behalf of Paul Ferdenzi to spread approximately 72 cu. yds. of topsoil in an area west of deck (54±' x 121±') and graded to a depth 4±" and planted with grass seed. West of this, area will be planted with indigenous species such as Clethra, Bayberry. On the east side of the house, circular driveway will be cut through and surfaced with bluestone and yard landscaped as shown on the plan submitted on Jan. 14, 1986 and planting plan dated April 28, 1987. The waiver is granted with the provision that the D.E.C. specifications are followed to increase the wetland fringe by 5 feet. Property is located at 470 Haywaters Drive, Cutchogue. Please remit $25.00 for the waiver; granted at this time. Very truly yours;... Henry P.USmith, President Board of Town Trustees HPS:ip cc: Robert.A. Greene, D.E.C. , Stony Brook Commissioner Henry G. Williams, D.E.C. , Albany Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management Conservation.. Advisory Council Board of Trustees - F---- Ferdenzi Page 2. Board of Appeals✓ File Southold Town Board of Appeals . MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD Sept. 10 1987 MEMBERS_ p GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S.E.Q.R.A. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination .of Non-Significance APPEAL NO. : 3658 PROJECT NAME: PAUL AN'D' CORRINE F'ERDENZI 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: [ :] Type II . [X]. Unlisted [ ] DESCRIPTION OF ACTION: Permission to locate accessory building in frontyard area. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 470 Haywaters Drive, Cutchogue, NY 1000-104-5-21 REA-SONS) 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) Construction proposed is landward of existing structures. (3) Information has been submitted by applicant or his agent in- dicating that the project will not involve the disturbance of wetlands grasses or areas sub 'ect to flooding which may be considered- 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. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. me ,.NOTICE OF.HEARING 7 in. Appl..No. 3665- I LEI —_-; BUILDING CORP.S�1 NOTICE IS HEREBY Vj 11'-Variance to. the Zoning Ord,. EN,pursuant to.Section.267 of1. dinance, Article 'III, .Section. OLK the Town.Law and'the•.Code of '''100-31 ,.Bulk Schedule, for RK ss: the -Town of. Southold, ':the approval of construction of . following hearings.`will.be held"'; '4,open deck.with an insufficient ,..by the _SOUTHOLD :TOWN;;; ' `:rearyard setback-at 360 !-B -Sebas- • OARD OF APPEALS at a ' ` ;tian's. Cove Road,—Sebastion Regular Meeting at theSouth'61d Cove Lot:No.5,Mattituck,NY1 eing duly sworn, says that she is the ,Town Hall, ivlain ,:Road, County.'Tax,:Map:Parcel, No. NG ISLAND TRAVELER-WATCHMAN, Southold;.NYon'THURSDAY, `:10004000311.8 printed at Southold in Suffolk Count SEPTEMBER 10; 1987 at'the 8:05",pin ,Appl No. 3593-..': p y' following times:'- :°`T r: QUIET MAN INN(Reconvert of which the annexed is a printed copy, 7:35`.p.ni. Appl.'No '3651 edfromMay21; 1987)..Yadance: in said Long Island Traveler-Watchman DEAN KAMEN. Variances to ;.to the Zoning Ordinance,.Arti the Zoning Ordinance,Articles cle .VII,;Section`100-71,.`Bulk • • • • • • • • • • • • • • • • • • • • • . • • • • weeks (a)III, Section 106-32 as to ex Schedule,for permissionto con-, t� cessive height,(b) XI Section struct addition:in this'.."B 1" General 'Business}'`26nffi ?` ncing on the ;100-119.2,.as to insufficient set w.;,. g ' 'back-from ordinary highwater `District .with :an insufficient _ _. _ front'ard setback from the' mark of Long Island Sound;o Y I,*:a.:'.proposed wind turbine ;westerly' property line along - gencrating;,tower;. to: be',con •, Hobart.,Avenue. „Location strUcted landward`or near'ex Propeity .Corner of Main Road'fisting granite "- `a 'monolithic struc- . nd:Hobart Avenue, Southold, ture. .Location`,of `Property: _ :;NY;County Tax Map Parcel No. North Dumpling ,Island;.,NY;%'"`.1000-62-3-7.. County' Tax Map;Parcel No I ; > 8:10 p.in.;Appl. No. '3659-• 1000-130-01-004 ,QUIET MAN INN.Variance to J 7:40 p.m. App1.;;No'_3662= °'''the Zoning Ordinance,.Article. me this . . . . . . . . . . . . . . . . . . . day of XI Section 100-112 and THOMAS AND FRANCES .'::'�. • � ( . ' cle.III, Section 100-31) for ap- I �'7 SMITH. Variances.to,the Zon=,�.;..:., . ing Ordinance Articles:(a)III,'' proval of insufficient number of . • • . .. • • • , 19 • • � '��; . _ Section 100-31, Bulk Schedule, Parking 'spaces of this pre- as to an insufficient sideyard set ,? isting'..business use. Location, back of garage, when attackr�' Hof Property Corner of Main to principal dwelling structure Road' and Hobart 'Avenue, with raised open-deck construe- Southold,NY;County Tax Map_. ` Parcel No. 1000-62-3-7. tion, (b) XI, .Section 100-119.2 ' 'k" ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .for an insufficient setback from,,_•: '8 20 p.m. Appl. No. 3628_' , Notary Public existing seawall landward of 6EORGE AND JANE lin BARBARA FGRBES wetland area for proposed deck KAYTIS. Variances to the Ion/ addition,(c)III,Section 100-32, ;,ing Ordinance,Article III, Sec- Notary Public, State of Nrew York for approval of garage as an ac.-." -tion 100-31,.Bulk Schedule,,for No. 4806846 cessory structure.in the sideyard approval of insufficient area of ' Qualified in Suffolk County area"as an alternative to.at two proposed parcels;,1_ot No.' ' Commission Expires ���- 31 19 �� tachingsame to dwelling struc=':,„l.,of 40,000 sq. ft. and'Lot No. cure. Location of Property:200.., ,;2 of 1.443 acres,and•insufficieni Haywaters.-Drive, Cutchogue,`; ,'ftpntage'of Lot No:. 2 along NY;County Tax Map Parcel No. Robinson Road,Southold,NY, 1000-104-05-19. . ,; County Tax Map Parcel No. 7:45 p.m. Appl. No. 3622--- .'1000-81-03-15.4.(or 12). . ' CHRISTIAN B. SALMINEN;.>, 8:35:p.m.. App1.:No;;3.6§4- e ariance to t oning. Qr-. WILLIAM .MOORS"ESQ. dinance, Article :XI, Section ;,;'AND BENJAMIN HERZ- 100-119.2 for permission to con-„,,..,WEIG. ESQ. ,Variance to the struct deck addition to dwelling ...,Zoning Ordinance,Article XI, The Board of Appeals .will' and accessory stairs, both with.'. *,,'Section 1007119.2 for permission hear at said time and place,all an insufficient setback from_ , to.establish•"building envelope" persons or representatives desir- edge of Marion Lake, or land; with setbacks of not less than 38. ing to be heard in each of the ward edge of , freshwater feet -.from nearest. wetlands above matters.Each hearing will wetland, whichever is. closer., .;along existing two-foot contour not start before the time allot- Location of Property: 240•:;,and not less than 30 feet from ted. Written comments may be Lakeview Terrace,East Marion,..;;the front property-line (as ap- submitted prior to the conclu- NY;County Tax Map Parcel No. proved.under Appl. No. �412, lion of the subject hearing.For 1000-31-945. '. ` June 30, 1987). Location of - more information, please call 7:50 m. A 1. No. 3658-' Property: 675 Meadow Lane P• Pp , 765-1809. PAUL AND CORRINE Mattituck, NY; Mattituck Es- Dated: August 20, 1987 FERDENZI. tates Lot NO.42; 1000-115-5-7. BY ORDER OF THE Variance to the Zoning Or- (Reconvened from 8/20/87). SOUTHOLD TOWN dinance, Article II1, 'Section 8:55 p.m. Appl. -No.,-,3653- �' BOARD OF APPEALS 100-32 for permission to locate . NORTH ROAD-ASSOCIATES.) GERARD P. GOEHRINGER, accessory building in frotityard (Reconvened from August.20, CHAIRMAN area.Location of Property:470 1987). Variance for.approval.of Linda Kowalski; , Haywaters Drive, Cutchogue,. access at Orient. Board Secretary NY.County Tax Map Parcel No. IT 9/3/87(31),: i i .T ogue,NY;County Tax Map Far- '� QUIET MAN INN.Variance to .lotted. Written c m,m,e-nts`may = cel No.1000-104-05-19. % the Zoning Ordinance, Article besubmitted.priorto.theconclu i 7:45 p.m. Appl. No. 3622 — XI,Section 100-1,12(and Article =sion of the'sublect.hearing..For CHRISTIAN B. SALMINEN. III, Section 100-31) for approval more information, please call Variance to the Zoning Ordi- of insufficient number of park-, 7654809. NOTICE OF HEARINGS nance, Article XI, Section 100- ing;spaces. of this.preexisting Dated:August 20,.1987. ; NOTICE IS HEREBY 119.2 for permission to construct business use. Location of Prop-J - BY ORDER OF . sIVEN,pursuant to Section 267 deck addition to dwelling and ac- erty: Corner of Main Road and THE SOUTHOLD TOWN _ ,f the Town Law and the Code of cessory stairs, both with an'in- Hobart Avenue, Southold, NY; BOARD OF APPEALS ? he Town df Southold,the follow-' sufficient setback from edge of County Tax Map Parcel No. GERARD P.GOEHRINGER; , iearings will be held by the Marion Lake, or landward edge 1000-62-3-7. CHAIRMAN"': THOLD TOWN-BOARD of freshwater . wetland, 8:20 p.m. Appl. No. 3628 — Linda Kowalski, ✓r APPEALS at a'Regular- Whichever is closer. Location of GEORGE AND: JANE Board Secretary Vleeting at the Southold Town Property:240 Lakeview Terrace KAYTIS.Variances to the Zon 1TS3-5700 t-, Hall,Main Road,Southold,New East Marion, NY; County Tax mg,Ordinance, Article III_See- York, on THURSDAY_SEP-; Map Parcel No:1000-31-9-15:* _- tion'100-31, Bulk' Schedule;for CEMBER 10, 1987 at the.fol- FN :50 p.m. Appl. No. 3658 —. approval of insufficient area of owingtimes: UL AND CORRINE FER- two proposed parcels, Lot #1•of-. { 7:35 p.m. [}ppl..,No.-3651'._ NZI.Variance_to the Zoning. 40,000 sq.ft.and Lot#2 of 1.443 DEAN KAMEN.,Variances,to:. inance, Article III, Section acres, and insufficient"frontage; 1 .he Zoning Ordinance;Articles: -32 for permission to locate. of Lot#2 along Robinson Road, >i STATE OF NEW PORK a) III, Section 106-32 as to ex essory building in-frontyard` Southold NY;County Tax Map :essive height, (b) XI, Sectiona. Location of Property: 470 Parcel No _.1000-81-03 15.4 (or SS: 106-119.2 as to insufficient,set- ywaters Drive, Cutchogue, 12).. = pack from ordinary highwater ;County Tax Map'Parcel'No. 8:35 p me Appl'=No :3654 COUNTY OF SUFFOLK nark of Long Island Sound,of a0-104-5-21.. WILLIAM MOORE,ESQ.and •')roposed wind-turbine-generat :: :55 p.m. Appl.. .No, 3 — BENJAMIN HERZWEIG, nTti tower to be constru cted land- LEHESK BUILDING-CORP'. ESQ. Variance Zoning-,-,to the Zin Ca rc)l Ann S tra r 1 a to of Greenport, in T .vard or near existing granite`.`: Variance. to the Zoning,Ordi :'-.Ordinance, Article:XI Section "y said County, being duly sworn, says that he/She is nonolithic structure.Location of nance, Article III, Section 100 100-119.2.for permission.to es it ?roperty:•-North. Dumpling,Is i31,•Bulk Schedule,for..approval tablish"building envelope"with. Principal Clerk of THE SUFFOLK TIMES, a Weekly and,NY County Tax`;Map Par of construction of'gpen deck wetly. ; setbacks of not less than 38 feet an insufficient g Newspaper, published at Greenport, in the Town -To.1000-130-61-004 yard setback " from nearest wetlands aloe 10 p.m. Appl. No 3662-.' at•360 Sebastian's Cove Road existing two foot`contour"and Of Southold, County of Suffolk and State of New, _JMAS AND,FRANCE�3� Sebastian Cove Lot No 5; Mat pot;less than 30 feet from.the ;MITH. Variances to-the"Zon ,-, tituck;-`NY;•County-Taz'-Map '� '14iont-pApeity-line(as approved York, and that the Notice of which the annexed is ng Ordiiiaiice, Articles: (a) III, Parcel No.1000-100-03-11.8. under Appl. No. 3412,June 30, a printed Copy, has been regularly published In section 100-31, Bulk.-Schedule, 8:05 p.m. Appl. No. .3593 — 1987). Location of Property:675 ' :s to an insufficient .sideyard QUIET MAIN INN'(Reconvened Meadow Lane, Mattituck; NY;,_ said Newspaper Once each week for 1 etback of: garage, when at-:'; ; from May 21,1987).Variance to• " Mattituck Estates Lot No..42;- weeks successively, commencing on the 3 ached to principal.,'dwelling"- ' the Zoning Ordinance; Article .; 1000-115-5-7.-(Reconvened from• tructure"with raised open-deck ' VII, Section 100-71-;` Bulk`"1-: .. 8/20/87);;_; ;::' . day Of September 19-$._7_ onstruction,(b)XI,Section 100- Schedule, for permissionto con 8:55 p;m. ,Appl; No:.3653 _19.2 for an insufficient setback = .struct addition in this.`B-1,':: ` NORTH.:; ROAD - AS- 'rom existing-seawall landward. General Business Zoning Dis=' SOCIATES. (Reconvened from )f� wetland area..for proposed trict with an insufficient fron 'August,20,'1987). Variance for leck addition,.(c)' III,-Section tyard setback from the"westerly. approval ofacce-ss atOrient. ,00-32;for'approval ofgarageas property,line along Hobart Av- 4 The Board" of "Appeals will rinClpal ler in.-accessory structure in the enue. Location- of Property: ^; 'hear at-said time;and place all . sideyard:area as an alternative Corner of Main Road and-Hobart . `.."persons or representatives desir- - --o attaching same to dwelling. . ; Avenue, Southold,,NY; County 5' ing to be.heard in each'of the Sworn to bef a me t iS Aructur6zLo6ation of Property-; Tax Map Parcel No.1000=62 3 7 ( above matters Each, heann p y 8.1 g i da of 19 MARY K.DEGNAN :00 Haywaters,Drive; .Cutch p•m Appl.. No ;3659 w�ll'.not start before,the time al y s C,State of New York _ _ .,' NOTARY PUBLIC, t Suffolk County No.4849860 v ,� Term Expires Februa 9�� w Fair Southold Town Board of Annea Lnls}. Ott, xiw 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 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 Suff-olk 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 . Please be assured that your publi-c. .hearing will not start before the time allotted_ in the Legal Notice . If you have any questions , ='please feel frEie to call our office , 765-1809 . Yours very ttrr 1 G RARD P . GOEHRKGER CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - September 10 , 1987 Copies Mailed to the following on or about 9/l /87 : Mr . James R. Maher , c/o 1874 Associates Mr . Dean Kamen 340 Commercial St. , Manchester , NH 03101 Mr . John H . Thatcher , Jr . , President , F . I . Conservancy , Inc . -Bic-5-5 3-,—F i-s-h e r-s—I-s 1-a-n d--N Y--06 3 9 0- and P . Q . Box 132 , Green Village , NJ 07935 Mr . and Mrs . Thomas Smith , 200 Haywaters Drive, Cutchogue 11935 Mr . and Mrs . Christian B . Salminen Box 595 , 320 Lakeview Terrace, East Marion , NY 11939 Mr . and Mrs . Paul Ferdenzi , 470 Haywaters Dr , Cutchogue , NY 11935 Lehesk Building Corp . , Box 900., Mattituck , NY 11952 Neighbors : Twin Fork Fence & Siding , Mattituck , NY 11952 William D . Moore , Esq °for Quiet Man Inn & Moore & Herz.wei.g Clause Commons , Suite 3 ; Box 23 , Mattituck , NY 11952 Mrs . Ellen Larsen , North Road,, Southold., NY (opp , Moore & -Herzweig ) Mr . Thomas Reilly , Pres ., Matt - Estates., Mattituck (opp . ) Patricia C . Moore, Esq . , Edson and Bruer - for North Road & Geo . Kaytis Main Road , Southold , NY 11971 Mr . Edward Linker , Box 791 , Orient , NY 11957 (Also to Mr. Dean Kamen , 44 Gage Road, Bedford , NH 03102 ) STATE OF NEW YORK) COUNTY OF SUFFOLK) : ss - : Linda F . Kowalski , residing at Ole Jule Lane , Mattituck , NY , being duly sworn , deposes and says that on the 1st day of September 1987 , deponent mailed a true copy of. the Legal Notice for Hearings to be held September 10 , 1987 , to each of the above-named persons at the addresses set opposite their names , and that said Notices were mailed at Southold , NY by regular mail . ullnda F. Kowal ki Sworn to before me this lst day of September, 1987 . Notary Public i G 1 0 Town Hall, 53095 Main Road P.O. Box 1 179 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 July 30, 1987 TO: Southold Town Zoning Board of Appeals _ FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3658 application of Corinne 8 Paul Ferdenzi 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 TOWN OF, SOUTHOLD, NEW YORK 6 APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ...... . .. TO THE ON I NG BOARD OF F A PEALS, TOWN OF SOIULTHOLjD� N. Y. 1, (We) . .")(�E..}.� ud•.... ��. 1.......of ...479...l.J.i�.H. Name of Appellant Street and Number .......NAI AIQL......................................................... .......Q...... .... EREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ... ... .Cj.!.........1..1��.L`� ...... WHEREBY THE BUI DING INSPECTOR DENIED TO of AM.. PJ, me of Applicant for ermit ............L Street and Nu ber Municipality State P tY ( ) PERMIT TO USE (1/ PERMIT FOR OCCUPANCY 1. LOCATION .OF THE PROPERTY Street /Hamlet / Use Dis rict on Zonin.g Map District 1000 Secti on j0 j13l ock05LotA/ fA .Current Owner f21 0N6- U if eA2_1 Map No. � Lot No. Prior Owner. �p fJ DiSrM�c,_FN 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 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 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 (v< A Variance to the Zoning Ordinance is requested for the reason that A)9 cjO6� AJ®-r � LLD � C O,�J�-AiZ(CC7/�/0 ,N yam . Form zs1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because y 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this propferrty and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because t . r ` STATE OF NEW YORK ) ss ��% `� .. . ........ , COUNTY OF Z) Si nature Sworn to this .........................;I. ......... day of...................TA . . ..................... 19�7 (,�� .............................. .. ........................ .................... N ry Public NANCY S. WRIGHT Notary Public, State.of New York No. 4737476 Qualified in Suffolk County Commission Expires•�' �-�; y ~ BOARD OF APPEALS, TOWN OF SOUTHOLD In toe Mat or the P tion of NOTICE TO to the Board of Appeals of the Town of Sout old ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That i he intention of the undersigned to petition the Board of Appeals of the Town of Southold to request Variance) pecial Exception) (Special Permit) (Other) [circle choice] 2. That the property whic is the subject of the etitio is located adjacent to your property and is des- cribed as follows: Y 3. That the proper which i he stibipct of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: 5. That the provision the Southold Town Zoning Code a icable to the relief sought by the under- signed are Article Section [ ] 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 Addres PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: 7 residing at �/Q being duly sworn, depos and says that on the day ofL 19 , deponent mailed a true copy of the Notice set forth on the re- verse 'de her of, 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 curren ass ssment roll oft Town of Southold;that said Notices were mailed ai the United States Post Of- fice at ; that said Notices were mailed to each of said persons by (certifie (registere- mail. Sworn to before me this day of �,-. , 19 S • I�n� Notar Public NANCY S. WRIGHT Notary Public, State of New York No. 4737T76 Qualified in Suffolk County Comrnhesion Espixaa i rcrr B;- T�� (This side does not have' to be completed on form transmitted to adjoining property owners... ) '(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 . 1 . Are there any proposals to change or alter land contours Yes N4---_" seaward of area under construction? 2 . Are there any areas which contain wetland grasses ? / (Attached is a list of the wetland grasses defined by Yes rw Town Code , Ch . 97 for your reference . ) 3 . Are there existing structures at or below ground level , Y�S/No such as patios , foundations , etc? 4 . Are there any existing or proposed fences , concrete barriers , decks , etc? Y(,e No 5 . If project is proposed for an accessory building or structure , is total height at more than 18 feet above Yes average ground level ? State total : /�� _ ft . 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 �N 7 . Are there other premises under your ownership abutting Yes M-r this parcel ? If yes , please submit copy of deed . 8 . Are there any building permits pending on this parcel (or abutting land under your ownership , if any ) ? Yes Itq.•-. 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 , Village , etc . ) : Planning Board Yes Wo Town Board Yes Nc� Town Trustees Yes Nc� County Health Department Yes Nc ' Village of Greenport Yes Na-" N . Y . S . D . E. C . ' ' Yes Now Other Yes Now 10 . Is premises pending a sale or conveyance? If yes , please submit copy of names or purchasers and conditions of sale , (from contract ) . Yes wo`'` 11 . Is new construction 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 aj 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 Yes Mo the requirements of Ch . 97 of the Town Code? r 13 . Please list present use or operations conducted upon the subject property at this time and proposed I certify that the bove statements are true and are being submitted for relic by e o rd of Appeals in considering my- application . Si�" na e operty 0 er Authorized Agent 3/87 1 k i f � l\✓ § 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. 6.1984] / 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 waterg 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 i (2) All land immediately adjacent to a"freshwater wet- % land,"as defined in Subsection Ii(1)and lying with- ; in seventy-five(75) feet landward of the most land- D- ward edge'of a"freshwater wetland," I / / 9705 2-25.85 i FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. . . . Z1446.1. . . . . . . Date . . . .. . . . .June .2. 19 86 THIS CERTIFIES that the building . . . , one-family dwelling. . . . , . Location of Property 470 , , , , , , , , , , Haywaters Dr .. Cutchogue House No. Street . . . . . , . . . . . . . ...aml . County Tax Map No. 1000 Section . . . .. . 104. , , ,Block . . . . . .5. . . . . . . .Lot . . . . . . 21. . . . . . . . . Subdivision . . . . . . . . . . . . . X. . . . . . . . . . . . . . . . .Filed Map No. . . X . . . .Lot No. . . . . . .X . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated Ju rl e, 12 , , , , , , , , . 19 85. pursuant to which Building Permit No. . , , , 14 0 8 9 Z. . . . . . . . . . dated . . . . . J u rl g, 12 , , , , , , , , , , , , , , 19$5. ,was issued, and conforms to all of the requirements of the applicable provisions of the law: The occupancy for which this certificate is issued is . . . . . . . . . . . . . .0.r1q-family, dwelling:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . . . . . . . . . . . . .q O H N. R : D E M P S E Y (ownerXli"V lik&t4 . . . . . . . . . . . . . . . . . . . . . of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . . . . . . . .8 5-S 0-17 . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . . . . . . . . . N 7 4 7 5 PA . . . . . . . . . . . . . . . . . . . . !�.0 . . .o. .: . . . . . . . . . . . Building Inspector Rev.1/81 SHORT ENVIRONMENTAL ASSESSMENT Y--util+I INSTRUCTIO&St (a) In order to answer the questions in this short EAF is 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 studiee, reeearch or other investigations will be undertaken. (b) If any question has been answered Yes the project mny be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project in not significant. (d) Environmental Assessment 1• Will project result in a largo physical change to the project site or physically alter more than 10 acres of land? a . • . . . . Yes Plo 2. Will there be a major change to any unique or unusual land form found on the site? . • . . . - Yes No 3• Will project alter or have a large effect on an existing. body of water? . a a Yen /No 07 4. Will project have a potentially large impact, on groundwater quality? • • • • . • . • • • • . Yea / N on adjacent sites? • • Yes No u'1 5. Will project significantly: effect drainage flow 6/ 11 ••I . • . . . . . . • • � �� ,L •� 6. Will project affect any threatened or endangered U vi 'plant or animal species? • o . a •' Yea do ` n 7. Will project result in a major adverue effect on o air quality? Yes No • • • © • • • • o • • s ...� v ej: O 8. Will project have a major effect, .on visual char- acter of the community or scenic views or vistas o knotm 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 affect on existing or C/ future recreational opportunities? 0 a . Yes No 11. Will project.result' in major traffic problems or r cause a major effect to existing transportation C/ .--a systems? • • • • • • • o • o • • Yes No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ,'-; ante as a result of the project's operation? Yes No a 13. Will project have any impact on public health or `, L safety'? • • . • • • • • • . • • • Yes No "n U. Will project affect the existing community by directly causing a growth. ln permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect un the character of the community or neighborhood? . Yes silo 15. Is there pub conZ�� sy co cernint; the project? Yes V/ No PREPARER'S SIGt�ATURE: / TITLE: REPRESENTING: S:Ez- DATE: �- 9/ll78