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HomeMy WebLinkAbout3602 ��- %/57 Sout' o� �� � r� ��' Appeals 'f3 MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS. Appeal No. 3602 Application Dated January. 8, .1987 TC J .. Kevin 11cLau6tii!n, Esq. as Attorney for .MARGARET McNAMARA - 828 Front Street Greenport, NY 11944 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 XI , Section 100-119.2(B) [ ] Request for Application.of'MARGARET McNAMARA-fora Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to co.n,struct, wooden deck attached to existing dwelling with .an insufficient setback. from.existing timber-bulkhead and Peconic Bay. Location of Property: 640 Takaposha Road (Private road #15) , ._Southold, NY; County Tax Map Parcel No.., -1000-87-06-10. WHEREAS; a public hearing was held and concluded .on_August -20, 1'987- in the Matter of the Application of MARGARET McNAMARA under Appl. No. 3602; 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, appellant. requests a Variance- from the Provisions of Article XI, Section. 100-119.2(B) for permission to construct open, wooden deck construction around the existing dwelling..structure resulting in an insufficient setback from the existing timber bulkhead. at,36 feet and at 30 feet from the stairway construction (at its closest point) . 2. The premises in question is located along the northerly side of a private road referred to as Takaposha. Road (or Private Road #15) , which extends from a point at the south side. of Main Bayview Road in varied- south and southeasterly directions, to the subject premises, which is identified 'on the Suffolk County Tax Maps as District 1000, Section 87, Block 6, Lot 10. 3. The subject premises is improved with a single-family-, two-story frame dwelling set back 24 feet from the front property line along the private road and 48 feet from the timber bulkhead (along Peconic Bay) . 4. Article XI, Section 100-119.2, subsection (B) of_ the Zoning Code requires all buildings and structures to be set back not less than seventy-five (75) feet from a tidal water body, tidal wetland edge, or freshwater wetland, whichever is the closer distance. (CONTINUED ON PAGE TWO) J DATED• October-. 7, .1987. CHAIRMAN, SOUT OLD TOWIONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appl. No. 3602 Matter,-of MARGARET McNAMARA Decision Rendered October 8, 1987 5. The percentage of relief requested in relation to the existing established setback from the bulkhead is 12 feet, or 25%. 6. The total percentage of lot coverage is less than 20%, and more specifically 18% (see letter of amendment received July 24, 1987) . 7. For the record, it is noted: (a) . that the subject right--:of-way has been the subject of 'a prior application, under No. 1223 granted- on January 2, 1969, (G. Campbell) , with the condition(s) that certain improvements be placed (for. the entire right-of-way extending back .to Main Bayview Road) ; . (b) that premises.-to the north, now or formerly of Wagner [1000=87-06-04_] -and.of.Harford -[1000-87-06-2] have received conditional variances,as noted. therein'.for similar :relief; (c) that..by Permit No...10-87-0828, a conditional approval was - rendered by the N.Y.S. Department of Environmental Conservation for this project; and - (d) that a conditional waiver was rendered by the Southold Town Trustees for this project on February 26, -1987. 8. Tn passing upon this--application, the Board has considered all technical evaluations, all: relevant.factors, all standards necessary for area variances of this nature, and finds and determines that: . (a) -- the relief requested is not substantial, being a variance of 25% from the existing setback; (b) the project as proposed will -not.'be adverse to the safety,- health, welfare, comfort, convenience or order of the town; (c) the .circumstances are not personal in nature and are directly related to the property size, etc. ; (d)_ there is, no other method, feasible fo.r appellants- to. pursue .. other than'-.a -variance;.-. - : - (e): there. will-.not be an increase in density created-by the-_ -; grant of this 'variance; (f) ' the project, as proposed is not out of character with the neighborhood; (g) that in' view of all the above .factors, the interests of justice will be served by granting the following relief as an alternative to the requested relief. Accordingly, on motion by.Mr. Goehr.inger, .seconded by Mr. Grigonis, it was RESOLVED, to GRANT permission. to construct open, wooden deck construction in the Matter of the Application of MARGARET McNAMARA. under Appl, No. 3602, with the- following restrictions and limitations: M1 -that the setback from the front property line be not less than 16 feet.. [exclusive of stoop area, which may be added if excluded as building area defined by Section -100-13, page 10009 of the Zoning Code, paragraph (2) (b] 'th.erer-fI (2) that: the. total lot coverage not exceed 20%, as proposed.; (3) that the setback from the existing timber bulkhead not be less than 30 feet [exclusive -of stoop .area, which may be ached if excluded as building area defined by Section 100-13 page 10009 of . the Zoning Code, paragraph (2) [b] thereof] ; (4) that the deck construction -remain open and unenclosed, as proposed herein. Vote of the Board: Ayes:. Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) This resolution was duly adopted. lk ,� Page 2 - Appl. No. 3602 Matter of MARGARET McNAMARA Decision Rendered October 8, 1987 5. ' The percentage of relief requested in relation to the existing established setback from the bulkhead is 12 feet, or 25%. 6. The total. percentage of lot coverage is less than 20%, and more specifically 18% (see letter of amendment received July 24, 1987) . 7. For the record, it is noted: (a) : that the subject -right=of-way has been the subject of a prior application, under No. 1223 granted on-January 2, 1969, (G. Campbell) , with the condition(s) that certain improvements be placed (for. the entire right-of-way extending back .to Main Bayview Road) ; . . (b) that premises -to the north,. now or formerly of Wagner [1000-87-06-04.] and.of- Harford [1000-87-06-2] have received conditional variances as noted therein for similar .-relief; ' : .. (c) that. by Permit No...10-87-0828,.. a conditional approval was rendered by the N.Y.S. Department of Environmental Conservation for this project; and (d) that a conditional waiver was rendered by the Southold' Town Trustees for this project on February 26, • 1987.' 8. Tn passing upon this .application, the Board has considered all technical ,evaluations, all relevant_facfors, all standards necessary for area variances of this nature, and finds and determines that: (a) the .relief requested is' not substantial; being a variance of 25% from the existing setback; (b) the project as proposed will -not be adverse to the safety,- health, welfare, comfort, convenience or order of the town; (c) the .circumstances are not personal in nature and are directly related to the property size,. etc. ; ^ (d)' . 'there is. no' other method feasible for appellants.to pursue - other than a variance; . '. _(e.)_ there.will..not be. an increase in density .created by the_--- .. , grant of this variance; - (f) the project, as proposed is not out of character with the neighborhood; (g) that in� view' of all the above .factors, the interests of justice will be served by granting the following relief as an alternative to the requested relief. . Accordingly, on motion by.Mr. Goehr..inger, .seconded by Mr. Grigonis, it was RESOLVED, to GRANT permission to construct open, wooden deck construction in the Matter of the Application of MARGARET McNAMARA. - --: under Appl: No. 3602, with. the following. restrictions and limitations: W. - that the setback from the front property line be not less than 16 feet [exclusive of stoop area, which may be added if excluded as building area defined by Section 100-13, page 10009 of the Zoning Codes npragra-h (2) [!�l th-reofl (2) that the. total lot- coverage not exceed 20%, as proposed.; (3) that the setback from the existing timber bulkhead not be less than 30 feet [exclusive of stoop .area, which may be added if excluded as building area defined by Section 100-13 page 10009 of the Zoning Code, paragraph (2) [b] thereof] ; (4) that the deck construction -remain open and unenclosed, as proposed herein. Vote of the Board: Ayes:. Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) This resolution was duly adopted. lk 10 ' Appeais Southold wn Board t MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS . Appeal No. 3602 Application Dated January. 8, 1987 M r% as Attorney for .MARGARET McNAMARA . 828 Front_;Stree.t Gree ,port; NY 11944 el 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 XI , Section 100-119.2(B) [ . ] Request for ; Application. of.MARGARET McNAMARA.for.a Variance to the Zoning Ordinance, Article XI, Section.100-119.2(B) for permission to construct. wooden deck attached to existing dwelling with .ari insufficient setback. from.existing. timber.bulkhead and.Peconic Bay. Location of Property: "640 Takaposha Road (Private road #15)', ._Southold, NY; County Tax Map Parcel-No. -1000-87-06-10. WHEREAS,. a public hearing was held. and concluded .on August-20, 1987. in the Matter of the Application of MARGARET McNAMARA under Appl. No. 3602; 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, appellant requests a Variance- from the Provisions of Article.XI, Section 100-119.2(B) for permission to construct open, wooden deck construction around the existing dwelling..structure resulting in an insufficient setback from the .existing timber bulkhead. at,36 feet and at 30 feet from the stairway construction (at its closest point) . 2. The premises in question 'is located along the northerly side of a private road referred to as Takaposha. Road (or Private Road' #15) ,' which extends from a point at the south side. of Main Bayview Road -in varied south and southeasterly directions, to the subject premises, which is identified 'on the Suffolk County Tax Maps as District 1000, Section 87, Block 6, Lot 10. 3. The subject-premises is improved with a single-family, two-story frame dwelling set back. 24 feet from the front property. line along the private road and 48 feet from the timber bulkhead (along Peconic Bay) . 4. Article XI, Section 100-119.2, subsection (B) of the .Zoning .Code requires all buildings and structures to be set back not less than seventy-five (75) feet from a tidal water body, tidal wetland edge, or freshwater wetland, whichever is the closer distance. (CONTINUED ON PAGE TWO). DATED: October 7, _1987. CHAIRMAN, SOUT OLD TOONING BOARD OF APPEALS Form ZB4 (rev. 12/81' 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 , 'AUGUST 20 , 1-987 at the following times : . 7 : 35 .p .m . Appl .. . No. 3602 = 'MARGARET McNAMARA. Variance . to the Zoning Ordi-na-nce , �Arti.cle-- XI-; -Section. -100.-..11-9. 2.(B) for permission to construct wooden deck attached to existing dwe.,lling with an insufficient setback from existing timber bul-knead and Peconic -Bay. Location of Property: 640 .Takaposha Road. (Pr.ivate. Road #.15 ).; Sou.thold,. NY-; County: Tax Map Parcel No . 1000-87-06-10. 7 : 40 :p .m'.. Appl No . ' 36.46 = '.RO'BE.RT AND 'NANCY MUIR. Va.ri ances to the Zo.rvi ng Ord.i nanc-e , Arti c-1 e I I I , -Section. 10.0=.31 , B.u.lk Schedule , for permission to construct additions to dwelling wi-th an insufficient rearyard setback and insuffi - ci exit -Frontyard setback. Location of .Property: Corner -of . Gi,l l ette Dri ve and .Cl eaves- Poi nt -Road , East Marion , 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'ssio-n to, locate proposed dwe1 ing with or -without deck addition within 75 .feet -of .neares-t we.tlands along the shore- line of .Marion-_Lake- Location of Property: West Side of . private right-of-.way known as ."Truman ' s. Path ," East Marion , -NY; County. Tax -Map-- Parcel No .. 100* 31-12-16 . - 7 : 50 p .m . Appl . No . 3644 - JOSEPH RE.INHART , FRED WIGHTMAN , and 'DAVID. 'FREY . Recessed hearing -from- July. 16 , 1.987 to be -reconvened . _. ..._ . 8 :00 p . m. Appl . No . 3647 - JOHN AND JOAN WETZEL . Variance to the Zoning Ordinance , -Article I-II , Section 100'.31 and .Ar.ticle XI, ..Section 100-.119.2, to -construct additions to dwelling with reduc- tions i n- the s i deyar-d ,---and to construct addition landward of existing dwel.li.ng ..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 . - Page 2 - Notice of Hearings Regular Meeting August 20 , 1987 Southold Town Board of Appeal.s 8: 05 p .m. Appl . No . 3648 - FERUCIO FRANKOLA. Variance to the Zoning Ordinance , Article X-i , Section 100-.119. 2 for permission to construct swimmi-ngpool , deck and fence enclosure within 75 feet of wetland area -a--long West Creek. Location of Property : 1900 Glenn Road, Southold ,. NY; West Creek Estates Lot No : 19; Cou-nty Tax Map Parcel-- No .. 10001-.78-02�36 . 8: 10 .p .m. Appl No . ' 3655 = ELL.EN ..HO:PE 'DeMARIA. Variance from Condition No .;- 1-- r.endered. J.u'ly 8 1965 .under Appeal. No . 785 ;. and Article I I I , Section I0Q-.32-;:--for- a-pprov.al of .the construc- , ti on of :accessory storage-- shed in frorrtyard --area as shown on survey prepared by Roderick. Va.nTuyl , P .C . April 9 , 1984. Location of Property: West Side -of Private- Ro-ad (West.:View Drive ) , Orient .- NY ; County Tax Map Parcel No. 1000- 13-3-3.- 8 : 15 p .m. Appl . No . - 3656 NICHOLAS IPPOLITO . Variances to the Zoning Ordinance , Article- III , Section- 1-00-31 , and Article XI , --Section 100-,119. 2 , for permis.sion -to -construct garage addition to dwe,ll--ing wi.t-h an insufficient southerly sideyard setback , insuffi.ci.ent t.ot,al sideyards , insuffi,ci-ent setback from. .bu.l-kh,ead along. Arshamomaque Pond , and excessive . lot coverage . L-oc.ation- of Property : 230 Carole. Road , Southold , `NY ; County. .-Tax---Map Parce-1. No .. 1000-.052-02-00T. 8 : 30 .p .m. Appl .. No . 3653:_.=NORTH ROAD ASSOCIATES . Variance pu-r-su-ant t•o-- New York. Town Law , Secti-on 2-80-a , for approval -of .access over private right-o.f-way extending 170 feet from the north side- of Main Road-, Orient , NY; County Tax Map Parcels No . 1000-18-4-1 . 3 and 2 . 8 : 40 p .m. Appl . No . 3592 = 'BENTE SNELLENBURG . Hearing recessed from. July 1-6 ,. 1987 . 8 : 50 p .m . Appl . No. 3654 = WILLIAM MOORE , ESQ . and BENJAM.IN 'HERZWEI'G ,--E-SQ . -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 Estate's 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 r 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 BOARD OF APPEALS G.E.RARD P . . GOEHR.I.NGER., CHAIRMAN Linda Kowa l ski , Board Secretary ------------------------- - ----------------------------------------x Notice to Newspapers Please- publish 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 CLERIC'S OFFICE SOUTHOLD, N.Y. rY7 - NOTICE OF DISAPPROVAL File No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . -°. . . . . . . . . . . .. 19 �! . To w*� . !!l . Q�a.c.�,.�.s7 .lam. �AAI,�e. . . . .%4 . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . r . . �?. . . . . . . ., 19 for pemlit to construct .? Q' . �+asr!^�. �L .1.�. . . at Location of Property .. w.0 ) .,4 V4& House No. Street Hamlet County Tax Map No. 1000 Section . . . . P:8.7. . . . . Block . . . . .O.SP . . . . . Lot . . .I �.. . . . . . . . Subdivision . . . . . . . . . . . . . . . .. Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds rl . . rD •i4. 1�n° . .. . . . . . . . . . . . . . . Buy ding Inspector RV 1/L'0 �r JAN 08 1987 TOWN OF SOUTHOLD, NEW YORK /O;.3S" A"rn Town ClerkAa&)Q' FROM DECISION OF BUILDING INSPECTOR . APPEAL NOJc DATE :..:.......................... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .:..Margaret McNamara .................of ....Z.9.....vi' laae...Laze...................................... Name of Appellant Street and Number aupP.auc�s....................................................................... ........Z4..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 Margaret McNamara .............................................................................. Name of Applicant for permit of .79 Village Lane Hauppauge ........New. York..,..,...,. . .... ... . .. .. .... ..... .... .... ........ .......... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X ) Permit to Construct 1. LOCATION OF THE PROPERTY ... .4.Q... 'apQ .a..�Qd...��uk.,.#�..5)....R�. a.d�n, �a7..... Street Use District on Zoning Map Tax Map No. 1000-087-06-10. .....Current Owner Margaret McNamara IVlap No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Art XT , i nn-.119 2$ and Article III Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ;(?g) (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 ( X) A'".Variance to the Zoning Ordinance ( ) is requested for'the reason that the applicant desires to erect a wooden deck around the existing two story frame house located on the subject parcel within 75 feet of Little Peconi c Bay and the building of said deck would result in lot coverage in excess of twenty (20%) percent. Form zB1 (Continue on other side) REASON FOR APPEAL Continued , 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or u`rineces:" sary HARDSHIP because the applicant could not build a deck onto the subject 'without being within 75 feet of Little Peconic Bay. The existing two story frame house is built within 60 feet of the water. The existing house was required to be built on piling resulting in an unsightly and unattractive appearance. The deck,,would alleviate this problem by removing the pilings from view. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the existing house was build prior to the enactment of Article XI. Section 119. 2 of the Zoning Ordinance of the Town of Southold. The lot is 110' x 130' and, therefore, lot coverage in excess of twenty (20%) percent will not result in large structures on the premises. 3. The Variance would observe the spirit 'of,the Ordinance. and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because many other .structures within the immediate neighborhood are located within 75 feet of Little Peconic Bay and the addition of a deck will have no adverse impact. STATE OF NEW YORK .� Ss .................... ... ...... ......................................� COUNTY OF ) Signature Swornto this ........................... ............. day of........................................................ 19 04 .........................d/ ` A.................... Notary Public '#9ia M70. FORCr NOTARY PUBLIC,State of New York No. 4722931 Quail"iced in Z ff c Cointy Commission Expires o, 190 G 007 TOWN OF SOUTHOLD PROPERTY RECORD CARD �--� OWNER STREETQFr M �� VILLAGE DIST. SUB. LOT If6 � "C/ 219P/3f/Jv`-a71- 7&A--,g SA led FORMER OWNER N ! /� E ACR R /,414 f 17 VC c p� •3; 6 A.fT✓f - S W TYPE OF BUILDING RES. /v SEAS. VL. FARM U COMM. CB. MISC. Mkt. Value LAND IMP. TAL DATE REMARKS z Soy g •�'-86 9.a /� 2�(?7 /Se4Le 3 e _ G - T. Ma/e/%/AtwF-T- PQ. C'•�PrdP.,T� kr�' o- z G� �/� U ��" 3 0 .�i'� / ir,i/ � 1 P Ii1 Ale�/i i✓g C� J� CL / .� f i AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE j FARM Acre Value Per Value j Acre. 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E _ __r' A! ry U o A' H :J"0 Y A•`t •. ;A _ f T �' __ trio _C C w•Atft iAV - [L`LMf1Q M:T,. a del \ . r ' ((• ., -- _- --Lrt.OL.y krsnrurtot(W i{D r, '. - _. -_ - �1 G�{-1 5 C d Ld Ht� l.� L3 .� Ar-:a=l9 lass t 5 G« e 4 L7 1. _ .r0 THE As$r-, 3 0/rrs LA. a I' .. 1� q' >c:� �7YeCH OY-f NaW I... ... f �:.�.:�... _r�ri0tt a f . - AW{ray AIRW,m - - e1. 1. - /`'l �} Legal Notices I NOTICE OF HEARINGS I STATE OF NEW YORK ) NOTICE IS HEREBY ) SS: GIVEN,pursuant'to Section 267 COUNTY OF SUFFOLK 1 of the Town Law and the Code of : the Town of Southold,the follow- ing hearings will be held by the Gerry Pagliaro SOUTHOLD TOWN BOARD " of Greenport, in OF APPEALS at a Regular said County, being duly sworn, says that he/she is Meeting at the Southold Town Hall,Main Road,Southold,New Principal Clerk of THE SUFFOLK TIMES, a Weekly York, on THURSDAY," AU- GUST 20, 1987 at the following Newspaper, published at Greenport, in the Town times: of Southold, County of Suffolk and State of New 7:35 p.m. Appl. No. 3602 — MARGARET- MoNAMARA. York, and that the Notice of which the annexed is Variance to the Zoning Ordi- 8 printed copy, has been regularly published in nance, Article XI, Section 100- 119.2(B) for Permission to con- said Newspaper once each week for struct wooden deck attached to yyg®kS SU Ce381V ly, commencing r�the existing dwelling with an insuf- ficient setback from existing de :c}# °`=Augu9 L 19_ timber bulkhead and Peconic \ Bay. Location of Property: 640 I' 9 Takaposha Road (Private Road #15),Southold,NY;County Tax Map Parcel No.1000-87-06-10. , b-4.14W 7:40 p.m. Appl. No. 3646 — P Incipal d4rk ROBERT AND NANCY MUIR.Variances to the Zoning Ordinance, Article III, Section Sworn t0 b O e ma this MARY K.DEGNAN 100-31,Bulk Schedule, for per- TARP PUBLlC,State of New York mission to construct additions to day Of TARRYSuf P County No.484986C,n y dwelling with an insufficient Term Expires FebruarN 8 rearyard setback and insuffi- 1. G cient f Property: rd setback. Loca- tion ` of Property: Corner of Gil- lette Drive and Cleaves Point Road,East Marion,NY;County Tax Map Parcel No. 1000-38-2- 29. 7:45 p.m. Appl. No. 3643 — EUGENE PERINO. Variance to the Zoning Ordinance,Article XI,Section 100-119.2 for permis- sion to locate proposed dwelling with or without deck addition within 75 feet of nearest wet- lands along the shoreline of Marion Lake. Location of Prop- erty:West Side of private right- of-way known. as "Truman's Path,"East Marion,NY;County Tax Map Parcel No.1000-31-12- 16. NOTICE OF HEARINGS ��:OS•p.rri: Appl. No. 3648- RUCIO FRANk6LA 01 . NOTICE 'S;HEREBY GIV- ,'_ _ variance to the Zoning r- -I EN,pursuant to Section 267 of dinance, Article XI, 'Section the Town Law.add the Code of 100-119.2 for permission'to con- ss: the Town of So i l�o %ht lti ti"re z; struct swimmingpool,deck and following hearm'gs�, i#I be d?'{1 fence enclosure within 75 feet of by the SOUT.HOiZ TOWN 1 wetland area along West Creek,. BOARD OF APPEALS at a,, Location of Property: .1900 duly sworn, says that she is the Regular Meeting at the Southold Glenn Road, Southold, NY; Town Hall, Main Road, ,„West Creek Estates Lot No:19. .AND TRAVELER-WATCHMAN, Southold, New York, on County ,Tax Map Parcel No. d at Southold, in Suffolk County; THURSDAY,, AUGUST .20, ` 1000-78-02-36. ich the annexed is a printed copy, 1987:at the,following times-. + 8:10 p.m., Appl. No. 3655- :35 p.m..Appl. No...3602- ELLEN HOPE DeMARIA. d Long Island Traveler-Watchman MARGARET.`McNAMAR'A. Variance from Condition No. 1 /� Weeks Variance to the Zoning Or- rendered July 8, 1965 under Ap- dinance, Article XI, Section peal No,,785,,and-Article III, IW-119.2(B)'for permission to Section 106-32, for.approval of n the . . . . . . . . . . . . . . . . . . . . . . construct wooden deck attach- o the construction of accessory led to.existing dwelling with an storage shed in fyontyard area as insufficient._setback .from' ex- shown,on survey prepared by , 19 . � fisting timber _bulkhead -and Roderick VanTuyl,P.C:April'9, ert 1984...Location of Property: _ Prrvate40 Road poNo. R15 West Side of Private Road(West , • • t • • •�. • • • • •t�. . . . . . Pecomc_Ba .'Location of Pro- ( ) 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. '364 - 8:15 p.m. Appl. No. 3656- a ROBERT AND NANCY NICHOLAS . IPPOLITO. day of MUIR.Variances to the Zoning Variances to the .Zoning' Or- ' ' ' ' ' ' ' ' ' ' Ordinance, Article III, Section dinance, Article III, Section 100-31, Bulk Schedule, for per- 100-31; and Article XI, Section 19 .0 7 f mission to construct additions 1,00-119.2,for permission to con- f to dwelling with an insufficient' struct.garage addition to dwell- r rearyard setback and insuffi- ing with aii insufficient souther- V tient r Prorertetback. Lo a- ly sideyard setback,insufficient • y � Property: total sideyards,insufficient set- A �; g,Ar- . . . • • . • • • . • Gillette Drive and Cleaves Point :; back from bulkhead alon Road East Marion;NY;Coun- shamoma que Pond, and ex- nary Public ty Tax Map Parcel No/4 cessive.lot coverage�Locadon'of 1000-38-2-29. ''! Property: 230' Carole Road,A'!/i BARBARA FORBES 7:45 p.m. Appl. No. .3643- Southold;'�NY;,County.TaxMap y Publie, State of New York EUGENE PERINO. Variance Parcel No.' 1000-052-02-007.• ' No. 4806846 to the Zoning Ordinance, Arti- 8:30,.p.m.I Appli, No. 3653- 'ualified in Suffolk County cle XI,Section IW-119.2 for per- NORTH ROAD ASSOCIATES. ission Expires 3/ lg FtF mission to locate proposed Variance pursuant to,New York. dwelling with or without deck ,Town Law, Section 2807a,• 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 i "Truman's Path;'East Marion; and 2. NY,County Tax Map.-Parcel'N6. 8:40 p.m. Appl. No..-3592- 1000-31-12-16. BENTE SNELLENB.U.RG.;. 7:50 p.m,' Appl. No. 3644= Hearing recessed from July 16, JOSEPH REINHART FRED 1087. WIGHTMAN, AND DAVID- 8:50 p.m. Appl. No: 3654- FREY. Recessed hearing front �LZ) WILLIAM MOORE,ESQ.andl July 16, 1987 to be reconvened/ BENJAMI.N HERZW I , 8:00 p.m. Appl.'No. 3647 ESQ. Variance to 'the'Zonmg� JOHN AND JOAN WETZEL. Ordinance Article XI,_Section Variance to the Zoning 'Or- dinance, Article III, Section 100-31 and Article XI,.Section IW-119.2"to construct additions. to dwelling with reductions'in the sideyard, and•'to construct � addition. landward of existing, dwelling structure 70± •feet .' from the nearest wetland edge or highwater mark'along Eugene 'Creek. 'Location of Property: 4635 Pequash Avenue (Fleet- wood Road), Cutchogue, NY, Fleetwood Cove Lot No. 12; s 'Si, Lin® 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. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN : Enclosed' herewith as confirmation o'f the time and ,date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L . I . Traveler- Watchman , Inc . and Suffolk Weekly Times , Inc . Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience . 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 frEYe to call our office , 765-1809 . Yours, very tr 1 sl Gr RARO P . GOEHRfNGER CHAIRMAN Linda Kowalski I Secretary and Board Clerk Enclosure COUNTY OF SUFFOLK qp nu 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 S/s Gerald G. Newman Chief Planner GGN.:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.L. NEW YORK 11788 (51 6)360-51 92 Southold Town Board of Appeals •4:-: f V MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Pursuant 'to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold ," New York , hereby refers the following to the Suffolk County Planning Commission : XX Variance from the Zoning Code , Article XL , Section 100-119 .2 (B) Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 3602 Applicant : Margaret McNamara Location of Affected Land : 640 Takaposha Rd. (Pvt. Rd. #15) , Southold, NY County Tax Map Item No . : 1000- 87-06-10 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 La 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 construct wooden deck to existing r wei l ins—an Setback front existing—timber bulkhead. Copies of Town file and related documents enclosed for your review. Dated : October 22, 1987 Southodd T own inard 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. October 16, 1987 ROBERT J. DOUGLASS JOSEPH H. SAWICKI J.. Kevin McLaughlin, Esq. 828 Front Street, P.O. Box 803 Greenport, NY 11944 Re: Appl. No. 3602 - Margaret McNamara (Variance) Dear Kevin: 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 y Linda Kowalski Suffolk County Planning Commission r 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 Frankola , P..0 . Box 630 , Southold , NY 11971 Mr_. Feruci o. Fra.nkol a , '901._ 138th Place , M,al ba , NY 11 357 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 d Mrs . Joseph Snellenburg Phi J . Cardinale , Esq . s . Do�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 • Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE, TOWN CLERK TOWN OF SOUTHOLD January 8, 1987 To: Southold Town Zoning Board of Appeals From Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3602 application of Margaret McNamara for a variance. Also included are accompanying papers pertaining to the application. Judith T. Terry Southold Town Clerk TRANSGR-IPT OF HEARING SOUTHOLD TOWN BOARD' OF -APPEALS REGULAR 'MEETING OF AUGUST '20 ; 1987 App1 . No . 3602 App-licant (s ) : MARGARET McNAMA=RA Location of Property : 640 Takaposha Road, Southold County Tax.. Map ID No . 1000 = - Board Members present were : Chairman Goehringer P. Goehringer , Mem be rs 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 7:30 o ' clock p . m . and read the notice of hearing and application for the record . CHAIRMAN G O E H R I N G E R: I have a copy of the sketch of the survey - indicating .the approximate placanent of the house on the property which presently exists approximately 48 feet from the timber bulkhead which is adjacent to Peconic Bay and approximately 22 feet from the private road and 36 feet from the west proper- _ , ty line and an existing 42 feet frcan the east property line. And I have a copy of :the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. McLoughlin, wnuld.you like to be heard? MR. McLAUGHLIN: Initially, I 'd like to clarify here that we are no longer looking for excess lot coverage on this application. ..We have received the Town Trustees waiver. We have filed and received a. D.E.C. tidal wetlands permit. And as . part of that permit, we have revised the configuration size of the deck. The: new configuration of which you do have a copy, results in a lot coverage of less than 18%. So we 're no . longer looking for any variance on lot coverage. The sole variance that we 're looking for from the Board this evening is the setback from Little Peconic Bay. ' The deck, as proposed, will result in a structure being approximately 44 feet from Little Peconic Bay and approximately 30 feet from an existing timber bulkhead that is in good condition. As stated in the application, all of the, or .most of the surrounding properties have buildings on them that are within the 75 foot setback and they were all built prior to the enactment of that legislation, I believe. We have sort of a unique situation here and this house is built on pilings and it does result in -a fairly unsightly house. The pilings are very evident all the way around it. . .By putting this deck' on, we will be ele-- viating that propblem. I believe the Board does have copies of photo- graphs which I have taken and supplied, ..that would so indicate.. And I 'm available for any questions that anyone may have. Puge 2 - August 20 , ' ""7 .Public Hearing - Mar 'et McNamara 'Southold Town Board of. -Appeals CHAIRMAN GOEHRINGER: LetI.s go around (basically) .:the :circumference . of that house. The rear; you are - still..:look'ing for a 12 foot deck which, and I assume that porch area. is included into that. . . Is ! : that 24 inches? It' s a' step. So it' s 4.still'.12-:feet in the rear of the house which is basically the ' frontyard. I. assume it's. approxi- mately 12 feet as we move. around. to the east. It' s probably a lit- i. tle bit more .than -that-.. East, northeast. It's still on the road side. To the easty we have 8 feet? MR. MCLOUGHLIN:-' 'Correct. CHAIRMAN GOEHRINGER: To the south, we still have 12 feet. Is that correct"? MR. MCLOUGHLIN: Yes. CHAIRMAN GOEHRINGER: And that runs. the entire length of the house until we get to the west corner. And then -that portion of it on the west and the northwest is eliminated. Is there . any particular reason why you'r'e looking- for a 12 .foot deck on the rear of the house which is basically -the frontyard? I know I had spoken to. Mrs. McNamara when 1:I was there: MR. MCLOUGHLIN The reason for the appliican{.'s request for the 12 foot on. the rear portion of the house is twofold. There is a sliding glass (..door--that. comes`off"the.: rear' of the house and also there is a fair amount of wind that flows from 'the water '.into the front of the house and they would like to :have room enough 'to be able to set up a ' table on the rear portion of the deck. CHAIRMAN GOEHRINGER: I noticed that the Building Inspector did not turn you down for the frontyard area which is the area that - I was just referring to: So we 'll see how it goes. Maybe it was. a-. mi.sta.ke. or something of that nature at this particular point. :.But one of the ques- tions was the reduction because it is : fairly close to the private road at that point. -.And I realize you 've gone full circle on this thing con- cerning the D.E.C. permits so on and so forth. I know you- want to get it built. But it was a situation where, as you know, 7'it' s been held in abiance ever since you asked us if we needed a D.E.C. permit and of course, you did get one. So we 'll see how that goes.. Thank. you very much. Is there anybody else who would like to speak in favor of this.- application? Would you like to say something Mrs. McNamara? MRS . MCNAMARA: I don't quite understand that when you 're saying that there is a .reason why we're too close to the road on that side. That we shouldn't -have the deck over there. CHAIRMAN GOEHRINGER: No. I just asked why you asked for a. 12 foot deck on that side. That ' s all. - -Is there anybody else who would like to speak against. the application? Questions from Board members? Hearing no fur- ther questions , I make a motion closing the hearing and reserving the decision- until later. All in favor - AYE. BY j ( I i. ! ; i . .I i .i. I I _' I I ;_�_r -11-I-t-_ l _I• I I �i -r !�_ I ?_ I_ _ i._!_.. I: ,�I j. � , , j, I a I j -, _ t -'-! _. I Tt L i {. ( , .L. I. ! -.ti.. I I, . : � ! .:..I. !�I' _ I. ,� 1..., y I• !_' I -•-- - -+-i-'_' _, _ _ - _ - -•jtF,r•,,_::.,�;,e:�-.. •!4 4. VoO _ _! 'I' ! I �. ! , I- {,Ify/,���,,1j�,( I I• I ' I I 1 1/ '' •! { 1 ! 1 ' `1 I i .; j-.. .,_-j-_.� _ I I-1 'I-, i { l I_ ��� ��'�' ,NN. I 'lij I ; 1 ,_.l;fir•"r.' r '( ; ••1, 1 •1 ( I -•{ - I I 1 -V- �dl T. I I...� --- rr kj - --t 'i - •j '_ i� _. _. .. I I: - . 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I I ..i .j.; ,i I t• }�•� i I 4 j' j ,_ T �� � 1 { �f Iv��� �a�}� • ----- ------- �-- l y o/ .n i aLie RA - 5� - ��rLLo 42' off' �`!s-�ri1�Go��v-L-�rntJ,.�-s �lo`Z "�-t �'�:.�y��' ..f .�z �..1� � • co I M� yy� is 3 144 nth) 51' lie to C-c>.DV-l-c I-�� `O SCALE: APPROVED BY DRAWN BY G-5 ��'.C-k DATE: DRAWING NUMBER 78 OE POST 1 BAB-01 ATTORNEY AT LA 828 FRONT STREET,P.O.BOX 803 GREENPORT,NY 11944 (516)477-1016 c. -7 3 July 28 , 1987 Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Re: Application for Variance by Margaret McNamara Dear Linda: I have enclosed herewith the revised sketches for the proposed deck application by Margaret McNamara. VeroeviMc urs, u li JKM/lg Enclosures ' 1 I � a 7 �o ATTORNEY AT LA 828 FRONT STREET,P.O.BOX 803 GREENPORT,NY 11944 (516)477-1016 July 24 , 1987 Town of Southold Board of Appeals Town Hall Southold, New York 11971 Re: Application for Variance by Margaret McNamara Dear Linda: I have enclosed a copy of the EnCon permit which we have received for this project. As you can see, EnCon required a reduction in the size of the requested deck. The drawing attached to the permit repre- sents the revised project as now proposed. The percentage of lot coverage has been reduced to 18%. Please schedule this matter for a hearing at the first available date. Very truly y,' U' s J.' Vin cLaugh ins JKM/lg Hand Delivered /�`" /% (��G G � yv-z�� �L,rJ�^ //t._-�-c�-•� �r`j et���, �—,c^..�-sz...,�--,��f '��A t"�'eaa--s.�:.-`?. AM New York State Department of Environmental Conservation _ Regulatory Affairs Unit Bldg. 40,SUNY, Rm. 219 Stony Brook, NY 11794 Thomas C, Jorling commissioner (516)' 751-7900 July 14, 1987 Ms. Margaret McNamara 79 Village Lane Hauppauge, NY 11788 Re: .10-87-0828 Dear Ms McNamara: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its our pePmitentPleasegreadlons all (6NYCRR, Part 621) we are enclosing y conditions carefully. If you are to comply with any conditions, please contact us at the above Also enclosed is a permit sign which om heis to be er .conspicuously posted at the project site and protected Very truly yours, Katy Murphy hy� Environmental Analyst KHM d f enclosure 95=y0b(9186)�-25c' NEW YC, -TATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION EFFECTIVE DATE DEC PERMIT NUMBER 7/14/87 10-87-0828 EXPIRATION DATE(s) FACILITY/PROGRAM NUMBER(s) PERMIT Under the Environmental Conservation Law 7/31/89 . N/A Article 25: 6NYCRR 608: Article 15, Title 3; 6NYCRR 327, ertification E�] Tidal Wetlands N a 328, 329: Aquatic Pesticides Article Water Quality lity C Titles 7; 8: Article 27, Title 7; 6NYCRR 360: aArticle 15, Title 5: a SPDES Solid Waste Management* Protection of Water Article 1'9: Article 27, Title 9; 6NYCRR 373: Article.15, Title 15: Air Pollution Control* Hazardous Waste Management Water Supply Article 34: � Article 15, Title 15: Article La Titlend Recllaamation Coastal Erosion Management .Water Transport Mined La Article 36: Article 15, Title 15: Article Freshwater Wetlands Floodplain Management Long Island Wells Freshwate Articles 1, 3, 17, 19, 27, 37; Article 15, Title 27: N—New, R—Renewal, M—Modification, 6NYCRR 380: Radiation Control Wild, Scenic and Recreational C—Construct ('only), 0—Operate ('.only) Rivers P RMIT ISSUED TO rMargaret McNamara A DRE F PERMITTEE �Qi�l l age Lane, Hauppauge, NY 11788 TELEPHONE NUMBER A IEN]'FOR PERMITTEEICONTACT.PERSON N640 Takaposa FRd,),CT5 ACILITY 0Uth01d different from Permittee) TOWNI UTM COORDINATES COUNTY Southo LOCATION RO)ECTIFACILITY SUff01 k Southo�f D CRIPTION OF QUTHORI ED ACTIVITY �onstructlon o� a wooden deck around house and a 6'x12' utility room on deckas per attached plans of Margaret McNamara dated 7/5/87, approved by NYS DEC. GENERAL CONDITIONS By acceptance of this permit,the permittee agrees that the permit is contingent upon strict compli- ance with the ECL,all applicable regulations and the conditions specified herein or attached hereto. e designated in the special conditions,a notice of inten to commence or f the 1. The permittee shall file in the office of the appropriate egi commencement perm and shall al or notify other of ficr p omptly in writing of the completion ation which may o der thetwork suspended if work at least 48 hours in advance of the time of 2. The permitted work shall be subject to inspection by an authorized representative of the Department of Envirorimental Consery the public Interest so requires pursuant to ECL§71-0301 and SAPA§401(3). director indirect,of whatever nature,and by whomever 3. The permittee has accepted expressly,by the execution of the application,the full legal responsibility for all damages,. suffered,arising out of the project described herein and has agreed to indemnify and save harmless the State from suits,actions,damages and costs of every name and descrip- tion resulting from the said prole 4. The )the scope reserves the right to is exceeded or a violation of any end or revoke this conditf nl oftthe permit after or Provisionsnotice, of the ECL andpertinentdregulations a a hearing rre found;or a) P b) the permit was obtained by misrepresentation or failure to disclose discovered acts;or c) newly discovered information or significant physical changes are discovered since including any forms fees or supplemental information which may be required S. The permittee is responsible for keeping the permit active by submitting i renewal application, by the Department,no later than 30 days(180 days for SPE a^v°Qh oo trespass upo Hazarduous nrthe lands or interfepre with the 1 iparian righ the tsroflothe oon thers n order to pee. rform the 6. This permit shall not be construed as conveying to the applicant in real or prsonal permitted work or as authorizing the impairment of any rights,t'�ovalsle or!nteres lands`easements aend right-ofp-way whc hrmaytbe required for thisn not aprroject party to the permit. 7. The4permittee is responsible for obtaining any other permits,apper on consent 8. Issuance of this permit by the D tmentrent or any of the termsec nditions,or requirements contained in such order or determination,or determination by the Commissioner issued heretofore by the Department D r t be in writing and attached hereto. 9. Any modification of this permit gr 11 a D RESS PERAItIrT11SS�®�CE DATE PER I,T.A,,e-jIIS�TRAj�eR�:1a=rBIDug. 40 SUNYRm, 219 Stony Brook, NY 117 4 u1 f' AUTHORIZED SIGNATURE C , Page 1 Of 3 cc: CITE Hamilton ADDITIONAL GENERAL CONDITIONS FOR AR1 5 15 (Title 5.), 24, 2S, 34, 36 and b NYCRR Part h(' _ operations by the State of hi. .'ork require an al- other environmentally'- terious materials associated .with the 10 That if future teration in the position of the structure or work herein authorized,or project. if, in the opinion ot,the Department of Environmental Conservation 14., Any material dredged in the prosecution of the work herein permitted it shall cause unreasonable obstruction to the free navigation of said shall be removed evenly,without leaving large refuse piles,ridges across waters or flood (lows or endanger the health, safety or welfare of the bed of a waterway or floodplain.,or deep holes that may have a the people of the State, or cause loss or destruction of the natural tendency to cause damage to navigable channels.or to the banks of + resources of the State,the'owner may be ordered by the Department to a waterway. remove or alter the structural work, obstructions,or hazards caused 15. There shall be no unreasonable interference with navigation by the work thereby without expense to the State, and if, upon the expiration or herein authorized. revocation of this permit, the structure, fill, excavation, or other 16. if upon the expiration or revocation of this permit,the project hereby modification of the watercourse hereby authorized shall not be com- authorized has not been completed,the applicant shall,without expense plefed, the owners, shall,without expense to the State, and to such to the State:and to such extent and in such time and manner as the extent and in such time and manner as the Department of Environmental, Department of Environmental Conservation may require,remove all or Conservation may require,remove all or any portion of the uncompleted any portion of the uncompleted structure or fill and restore the site structure or fill and restore to its former condition the navigable to its former condition. No claim shall be made against the State of and flood capacity of the watercourse.No claim shall be made against .New York on account of any such removal or alteration. the State of New York on account of any such removal or alteration. 17 If granted under Article 36, this permit does not signify in any way 11. That the State of New York shall in no case be liable for any damage that the project will.be free from flooding. or injury to the structure or work herein authorized which may be caused 18. If granted under 6 NYCRR Part 608,the NYS Department of Environ- by'or result from future operations undertaken by the State for the mental Conservation hereby certifies that the subject project will not conservation or improvement of navigation,or for other purposes,and contravene effluent limitations or other limitations or standards under no claim or right to compensation shall accrue from any such damage. Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 12. Granting of this permit does not relieve the applicant of the responsi- (PL 95-217)provided that all of the conditions listed herein are met. bility of obtaining any other permission, consent or approval from 19. All activities authorized by this permit must be in strict conformance the U.S.Army Corps of Engineers,U.S.Coast Guard, New York State with the approved plans submitted by the applicant or his agent as part Office of General Services or local government which may be required. of,the permit application. 13. All necessary precautions shall be taken to preclude contamination, Such approved plans were prepared by of any wetland or waterway by suspended solids, sediments, fuels, solvents,lubricants,epoxy coatings,paints,concrete,leachate or any on SPECIAL CONDITIONS 1. Lot coverage not to exceed 20%. Supplementary Special Conditions (A.) through (J) attached. DEC PERMIT NUMBER 10-87-0828 2 3 PROGRAM/FACILITY NUMBER Page of N/A • SPECIAL CONDITIONS SurrLEMMI,TARy The following conditions apply to all permits: Conditions are unclear. the permittee nelnotedact below. A.. If any of the permit condit Affairs at the address and telep the Division of Regulatory supplementary conditions shall be B. A copy of this p ermit or approval and supp ro ress. at the project site whenever authorized work is in progress approval availableof letter o PP or a COPY icious location C. The permit sign enclosed with the permit osted in a consp shall be protected from the ompletioneOfand authorized work* at the work site until comp the permittee shall riot to commencement of the project, portion of the enclosed receipt form certifying D. At least 48 hours p complete and return the top p rovisions and conditions o that he is fully aware of and understands all P permitted work, the this permit. �dithin one week of completion °f the letedpand returned. bottom portion of that form shall also be comp eriod or more activities to be accomplished over a P E. For projects involving the Regional Permit Administrator than one years the permittee shall notify tion of work each in writing at least 48 hours to the commencement of zesum year. lace after permit issuance, the n.modifications take p for approval by the F. if project halldesi ro riate plan changes riot to undertaking any such modifications. permittee shall submit the app . P require sub- Regional Permit Administrator p The permittee is advised that fo substantial modification may mission of a new application permit- reclude contamination of any recautions shall be taken to P fuels, solvents, P G. All necessary precautions ended solids, sedileachate or any other ' wetlands or waterway by aints, concrete, work. lubricants, epoxy coatings, p environmentally deleterious materials associated with the project itions of precisely with all of the terms and co violation writing. U. Any failure to comply P shall be treated as a this permit, unless authorized in of the Enviro13uental Conservation Law* royals that may be ermits °r approvals NY District, I. The permittee is advised to obtain any P Corps of Engineers+ Functions required from the U.S. Department of A(mttention• Regulatory 26 Federal Plaza, New York, NY 10278, • herein. Branch) , prior to commencement of work authorized or other necessary approval does.not relieve the permittee of the ., J. The granting of this pelt Tower of obtaining a grant, easement, $ervices, responsibility of Land utilization, Office of General er re quired for from the Division Albany, NY 12242, which may Building, Empire State Plaza, any encroachment upon State-owed lands under wat Administratoz Regional PermitConservation NYS Dept. of Environmental. Bldg. 40, SUS--Room 219 Stony Brook, NY 11794 (516) 751-7900 DEC 10-87-0828 Page 3 of 3 biARLES T. HA.11ILTON Chief,. Marine Regulatory, Section NYSDEC, lsureau of Marine Habitat lleotectiun Bldg. 40 SUNY, Room 2.25 Stony Brook, N. Y. •11794 RE: Permit No. Issued To: Contractor's Name Contractor's Address Contractor's Phone No. Dear Sir: Pursuant 'to General 'Condition Number 1 of the above referenced permit you are hereby notified that the authorized activity shall commence on This notice is to be sent at least two days in advance of commencement of the project. The permit sign will be posted at the site and copy of permit will be available at site for inspection. Submitted by Failure to notify or post sign will leave owner and/or contractor subject to applicable penalties for non-compliance with permit conditions. . ---------------------------------------------------------------------------- - CHARLES T. HAMILTON Chief, Marine Regulatory Section NYSDEC, Bureau of' Marine Habitat Protection Bldg. 40, SUNY, Room 225 Stony Brook, N. Y. 11794 RE: Permit No. Issued to Contractor's Name Contractor's Address Contractor's Phone No. Dear Sir:, Pursuant to General Condition, Number l ' of the above referenced permit you are —hereby notified that the authorized activity wai-completed on _ -- Submitted by This notice, with photos of completed work and or completed survey, is to be sent to above address promptly upon completion of project. Failure to notify will leave owner and/or contractor subject to applicable penalties for non-compliance with permit conditions. J New York State Department of Environmental Conservation sAMk NOT .1- CE . The Department of Environmental Conservation (DEC) ' has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted on this site. For further informa- tion- regarding the nature and extent of work approved and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please refer to thepermit number shown when contacting the DEC. Regional Permit Administrator AL Permit No. Expiration Date 1 4W AP 40. 95-20-1(„AM NOTE: This notice is not a permit • I i I � I I ��� .I .� � -14 ' � � I , � '- � , ... I � i , .i !. � I !. ! I- ,._!. i !_.' I I . ..1. ' _I. ! 'i I I I I I I ' � ! ' I I I I.. I• i j. I' ! ! ' I i• j I ; i I I I r ,i- i ' .; .I ' !. I.. i- ! I- I' I i_ . L_ 1... i I ! I � ' ►'1IiI II�II�I,. !II',.�,. I..I!III.-!�III.`,.i!'II�:II�F.;�•fI._.i:•'.I'I'!.-"-.j...II�..4I�I:1,(....-.. .�.-'Ii I:_.--1 iI-.�f�CI I i.'.....ILIIIf.....;�`r,IIl_-.-"".1 jI��,l-•.'-... •.Iiir�.I 3--_,2i ri1�I._.-.�T;t�-_.:--.._..+jtr ffI., .-4.6�'-_-. TL ,-..�fI�i--...I�-_...'.�fii1��I''•.x.._�_.-,.:��iiii�i�..'.-iI���"--...i.��'!I_-. _-1a._-=���_�`�.._.1-�'1_I_�J rr(; _I_I_-!:ir:.".riL�i.•-_.�,- :�--_-•1:i:!::�-II.L.'-I;";- 77 ._. . �i11�-...-..j.-I�.�I r4 i".",._t..!;.-.i.•Ij...,.!'L-�-..I;'i j,'.�I��I'i .4 "_..Ii!,,I.!.-I".I','-I•�-��rL--'�'r_•_j�"-_•__:_-.:+iii_t-_�l+--'_��!I T'��_-;.�.T.!___7-.-..a i•-•r—s-__-�'- i!I1-s j CD r�TAI- G•a-,-I-u �72)7WI- i - rs77Ny�11 NI'll •nIii'.a----i•�IrI-{-I--I�- IsI- --_ii- . .�'-.•'•_-j�i-1I.�—-4-r�. I .- '�'L--ZI----,- `I{T- -_ �-.- _ - _.1 �I - I !, I I i j I I I--�..; i..,. , , . ,. ► ;. "I I ! I �' I - , � '! ! . .; -; ; -; ! •i : . . , , . . .,. N `� � � E r; I ��.,. , i- ! ; : -i "r" ,• ( �f �j ; � ` -�el��� f�r4FE;ra�e. ;(Y�AlLK- :. � j^ •--i ! . '• p VED �Ai� w��t --- . - i I l i I i" I I I" I I l i l " i i ( f l l ! ! ; 1 . 1 1 III ' 1 1 i ' • . _� NT E � off` • ��- TELEPHONE BOARD OF TOWN TRUSTEES (516) 765-1892 TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 February 27, 1987 Mr. J. Kevin McLaughlin Attorney at Law 828 Front Street P. 0. Box 803 Greenport, New York 11944 Re: Margaret McNamara - Wetland Application No. 480 Dear Mr. McLaughlin: The following actions were taken by the Board of Trustees during their recent meeting held on February 26, 1987 regarding the above referenced matter: RESOLVED that the Southold Town Trustees Rescind the,Lead Agency Declaration declared on the Wetland Application No. 480 for Margaret McNamara to construct a wooden deck with steps in front and back around an existing dwelling on property located at 640 Takaposa Road, Southold, and it was further resolved that WHEREAS, the Board carefully considered all the documentation submitted concerning this request, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, and the surrounding area, and WHEREAS, the Board made the following findings of fact. 1. By this request appellant requests a WAIVER of the Wetland Ordinance in Accordance with Article II, Section 97-22 to construct a deck with steps around an existing dwelling. 2. The property in question is located at. 640 Takaposa Road, Southold; more particularly known on the Suffolk County Tax Map as: 1000-087-6-10. In considering this request the Board also finds and determines: 1. The project will not adversely affect the wetlands of the town. 2. The project will not weaken or undermine the lateral support of the other lands in the vicinity. 3. The project will not otherwise adversely affect the health, safety and general welfare of the people of the town, Margaret McNamara Page 2. NOW, THEREFORE BE IT RESOLVED that Kevin McLaughlin on behalf of Margaret McNamara BE AND HEREBY IS GRANTED A WAIVER OF THE WETLAND ORDINANCE AS REQUESTED TO CONSTRUCT A DECK WITH STAIRS AROUND AN EXISTING DWELLING SUBJECT TO THE FOLLOWING PROVISIONS: 1. Care is to be taken so as to preclude the entry of any construction material into the adjacent water. Please note that this determination is not a declaration made for any other agency or department which may have an application pending for the same or similar project. Should you have any questions or concerns, please do not hesitate to contact this office at (516) 765-1892. Very truly yours, J) Henry P. Siith, 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 Bldg. Dept. Board of Appeals File a 0 0 Gy • T Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD August 20, 1987 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DEC''LARATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance z APPEAL NO. : 3602 PROJECT NAME: MARGARET McNAMARA This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y. S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar. _project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Wooden deck addition with insufficient setback from existing timber bulkhead y . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 640 Takaposha Road, _Southold, NY 1000-87-6-10 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) The relief requested is a setback variance as regulated by Section 617. 13, 6 NYCRR, SEQRA. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Halt, Southold, IVY 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. (3) 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 considered wetlands: m� ' n w F;wr. •.ri Its f y l 1 V i ATTORNEY AT LA 828 FRONT STREET,P.O.BOX 803 GREENPORT,NY 11944 (516)477-1016 we , /A3A40 January 12, 1987 Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal No. 3602 Margaret McNamara (Variance) Gentlemen: Pursuant to your letter of January 9, 1987, please be advised of the following: (1) I have enclosed three copies of a sketch indicating the square footage and percentages of all existing and proposed construction; (2) The closest point of the existing construction from the bulkhead is 48 feet. The closest point of the proposed construction (end of stairs) from the bulkhead is 30 feet; (3) Waivers or other action by the Southold Town Trustees and NYS Department of Environmental Conservation will be provided upon receipt. Very truly s, l J evi McLau in JKM/lg Enclosures Iy0! f Ff i .L,r�CLLD Housti� _- \/Ar- N off' Tie: ���-'�U� � e�-��•e... - - . . t F l . .. . �. - i is got i�� '10-� co,�•c G o� _ o ' v - -- }A�g� .WRter:ru% co.Te���� 44- 13t4�� V 1 �: ------ -•---� ►ICI.IKt�_,.:._MC(�LtlMrl.R.t�.._.--- _:...�.._ _._ _ ,2 ,* 7 SCALE: APPROVED BY DRAWN BY DATE: - - DRAWING NUMBER 'eTSMNWP=1BAB-01 Cell ATTORNEY AT LAW' 828 FRONT STREET,P.O.BOX 803 GREENPORT,NY 11944 (516)477-1016 February 2 , 1987 Town of Southold Zoning Board of Appeals Town Hall Southold, NY 11971 Re: Application for Variance by Margaret McNamara Dear Linda: Pursuant to your request, I have enclosed a copy of the ._deed into my client. Very trul o rs J. evin cLa ghl 'n JKM/lg Enclosure 10 43 Pc 11 dc j/,3).f- 3"d 3:9 JStandard N.Y.B.T.U.Form 8002-2. -Bargain and Sale Deed,with Covenants against Grantor's Ac' ot,vidual or Corporation. (single sheet) r CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY' THIS INDENTURE;.made the 8 day of September , nineteen hundred andeighty-six BETWEEN ROBERT A. CLEMENTS and •CAROL A. CLEMENTS, His wife , ` both reside g at 7-B Division .Street., Holtsville, New York C t 0 (a0 party of the first part,and MARGARET McNAMARA, residing at 79 Village Lane , Hauppauge , New York party of the second part, ' WITNESSETH,that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors-and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the Southerly side of a private road 50 feet in width at a �� point distant 140 feet Westerly as measured along said Southerly line of said Souther- ly of said private road, from an angle in said road where the same turns and where th( � ! Southeasterly line thereof then runs in a Northeasterly direction along the Southeast- " erly line of land of Campbell and connects with a right of way over a strip of land Jy� 50 feet in width extending over the land of Mary L. Dayton and Howard A. Toedter,Inc. , to Main Bayview Road as defined and established by agreement dated Oct. 6, 1949 in Liber 3004 Page 580 and from said point of beginning: RUNNING THENCE along'the Southerly line of said private road 50 feet in width South 650 27' 40 East 140' to a point marked by a monument and land now or formerly of DISTRICT Mason; RUNNING THENCE along said last mentioned land, South 370521 20" West 120.78' 1000 to the average high water mark of Little Peconic Bay; RUNNING THENCE along the averag( high water mark of Little Peconic Bay on a tie line of North 68° 44' 00" West a dis- SECTION tance of 116.76' to the land now or formerly of Immordine; RUNNING THENCE along said 08700 last mentioned land, North 2& 32' 20" East 129. 15' to the Southerly side of the priv- ate road and the point or place of BEGINNING. BLOCK p6 00. TOGETHER with a right of way in common with others for ingress and egress to and from the above described premises over said private roag 50' in width and together with a LOT right of way over a strip of land 50' in width extending from the Northeasterly term- 010 000 inus of said private road over the land of Mary L. Dayton and land of Howard A. Toea- ter Inc. to Main Bayview Road as defined and established by agreement dated 10/6/49 recorded 10/13/49 in Suffolk County Clerk's Office in Liber 3004 of deeds Page 580 made between Mary L. Dayton, Howard A. Toedter Inc. , Benedict Manasek and Mary Manasek, his wife. BEING & INTENDED TO BE the same premises conveyed to the Grantors herein by deed of Frank J. Maietta and Janet Maietta, his wife, dated September 4, 1979, recorded in Suffolk County Clerk's Office September 14, 1979 in Liber 8693 Page 463. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything �) whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of O the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part,of #heptal of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the,sense.of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly eXecuted this deed the day and year first above j1 written. IN PRESENCE OF: ROBERT A. CLEMENTS CAROL A. CLEMENTS h ' 10143 'K 12 STATE OF NEW YOM COUNTY OF Suffolk .SS: STATE OF NEW YORK, COUNTY OF SS: On the 8 day of September19 86, before me On the day of 19 , before me personally came personally came ROBERT A. CLEMENTS and CAROL A. CLEMENTS, his wife to nle known to be the individual s described in and who to me known to be the individual described in and who executed the foregoing strument, and acknowledged that executed the foregoing instrument, and acknowledged that the executed the e. executed the same. y +n ' RECEIV�EQ .4. .......... -NOTARY P LIC $I".•.'. ) ., f REgl..1`6TA'FE t 71- rNAs J.AAcGRATH OCT., 10 1980 `� ° NOTARY pt)gUC State of New York No.03.zna 1 ?' Oua"Od—:Irr Rockland County I -TRANSFER TAX Comm'"M Expltea March 308 1987 � sur-FOr_K COUNTY STATE OF NEW YORK. COUNTY OF SS: STATE OF NEW YORK. COUNTY OF SSr On the day of 19 , before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. . that lie is the of that he*knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such. corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. Bargain anb #alr Orrh WITH COVENANT AGAINST GRANTOR'S ACTS SECTION 087 TITLE NO. 485SO818 (50364CA) BLOCK 06 (Commonwealth Abstract LOT 010 CLEMENTS TO McNAMARA COUNTY OR TOWN Suffolk/Southold Recorded at Request of CHICAGO TITLE INSURANCE COMPANY -- s Return by Mail to (10mmnnWtalt4 Abstract (11o., 3ne. 2111 White Plains Road LEON APPEL Bronx, New York 10462 Attorney at Law (212)931.0330 180-23 80th Drive (914)682-8240 Jamaica, New York 11432 . (718) 729.55566 Zip No. W U. LL O G r �I O W k1Ntl� .N''1Ej:f111': a o W •�1� 1 Gi�A �'� °E 6Uj LU W N W OL � �o5�FF0(K�oG 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. January 9 , 1987 ROBERT J. DOUGLASS JOSEPH H. SAWICKI J . Kevin McLaughlin , Esq . 828 Front Street Greenport , NY 11944 Re : Appeal No . 3602 - Margaret McNamara (Variances ) Dear Mr . McLaughlin : This letter will acknowledge receipt of your recent application and confirm that the members of the Board of Appeals will be conducting field inspections and environ- mental reviews as may be necessary by State and local laws prior to the public hearing on this matter . At our Regular Meeting,. held last night , the Board indicated that upon receipt of the following , we will be in a position to advertise this matter for a public . hearing : 1 . Three copies of a sketch (or survey) indicating the square footage and percentages of all existing and proposed construction , including accessory buildings , if any . 1 2 . Confirmation of the distance at the closest point I`"LI1� of the existing , and proposed construction , from the bulkhead. I� 3 . Waiver or other action by the Southold Town Trustees . 4. Waiver or other action by the N . Y . S . Department of I r Environmental Conservation .(Tidal Wetlands Act §661 . 5 ) . Please keep us advised regarding developments. Yours very truly , 0 GERARD P . GOEHRINGER lk CHAIRMAN ATTORNEY ATy/O W' 828 FRONT STREET,P.O.BOX 803 GREENPORT,NY 11944 (516)477-1016 January 15, 1987 Town of Southold Zoning Board of Appeals Town Hall Southold, New York 11971 Re: Application for variance by Margaret McNamara Gentlemen: As per your request I enclose a copy of the certificate of occupancy with regard .to the above captioned matter. Very truly rs, J. vi M au lin JKM/sk Enclosure FORM NO.4 TOWN OF SOUTHOLD BUILDING.DEPARTMENT Office of the'.Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No.Z 1 1282 . . . . . . . . . . Date . . . .October. .??. . . . . . . . . . . . . . . ., 19 82 THIS CERTIFIES that the building . . . . . . . . ... . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . Location of Property 640 Taka�osa Road (.Pvt. .Rd : 1.5A ) . . .Southold: . . House No: Street Hamlet County Tax Map No. 1000 Section . . 0U . . .Block . . 06. . . . . . . .Lot . 0,1,0 , , , , , , , , , , , Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . ...Filed Map No. .X. . . . . .Lot No. A . . . . . . . . . . . conforms"substantially to the Application for Building Permit heretofore filed in this office dated June. .1.0 , , , , , , , . , 19$9: pursuant to which Building Permit No. . .1.0724. Z . . . . . . . . . . . dated June . 13, , , , , , , , . , 109. ,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 . a . . . . . . one-family dwelling with a non-habitable second floor. The certificate is issued to . . . R,obert ,A,, A ,Carol A. Clements (owner,lersoa-os�ar►�J- of the aforesaid building. Suffolk County Department of Health Approval 1,Q-,S 0- 1,,, ,5,/2 5/8 2, R o b t., ,4 , , U,i l 1 a,,, P .E . UNDERWRITERS CERTIFICATE NO. . . . . . . .N . 5 6.7.Q Q 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . dr . . . . . :.4�!�f. . . . . .t j..'. . . . . . . . .. , Building Inspector Rev.1/81 i - J BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of MARGARET McNAMARA NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha he 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] to permit construction of a wooden deck ) 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasfollows: 640 Takaposa Road (Put. #15) , off Main Bavview Road, Town of Southold, New York, Tax Map No. 1000-087-6-10 3. That the property which is the subject of such Petition is located in the following zoning district: Agricultural — Residential 4. That by such Petition, the undersigned will request the following relief: Permission to construct a wooden deck partially within 75 feet of Little Peconic Bay and resulting in lot coverage in excess of 20% 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XI Section_ 100-119.2B [ ] Section 280-A, New York Town Law for approval of access over rights)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7d5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the-date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices;that you o your representative have the right to appear and be heard at such hearing. l"t3- Dated: P ner Ow rs ' Names : Ma a et McNamara Pos Office Address 9 Village Lane Hauppauge, New York 11788 (Tel . (516) 979-9065 M: Y•C" •�! ,• ._I r: e;.l;et,¢j,yyf,nsy� PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Ralph L. Panella 1 Dickinson Avenue Yonkers, New York 10703 Airam Enterprises, Inc. 396 Middle Road Bayport, New York 11705 STATE OF NEW YORK } ss.: COUNTY OFSUFFOLK ) J,��f �C;—k �� residing at Green port, New York being duly sworn, deposes and says that on the y of Dee tuber_ , 19 _8 f deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to ach 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 CrPPnport New York 11944 ; that said Notices were mailed to a h of s persons by (certified) (RP€ "mail. J Sworn-to OrE-171t-t+TiS--- Notary Public Sworn to before me this 7th day of January, 1987. Q E ie-42.44���— 4-77q 6omm�sstort-fxprres-No�-3� Notary Public LAURIE E.GRAE13 Ife Public,State of New York Np.�i821818,temr 30.1uffolk 688 yam U be (This side does not have to be completed on form transmitted to adjoining property .owners.. ) SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (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 studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes X NO 2. Will there be a major change to any unique or unusual land form found on the site? Yes X No 3.. Will project alter or have a large effect on an existing body of water? Yes X No to 4. Will. project have a potentially large impact on groundwater quality? . Yes X No CL 5• Will project significantly_effect drainage flow IL N n on adjacent sites? . Yes X No 4 Ch r!. 6. Will project affect any threatened or endangered p ¢ Cd plant or animal species? Yes X No S Z o 7. Will project result in a major adverse effect on Yes X No Q• 0 air quality? . . O o o 47 }' 2 X 8. Will project have a major effect on visual char acter of the community or scenic views or vistas Zo known to be 'important to the community? . Yes X; No Z 9. Will project adversely impact any site or struct- Nure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? .. Yes X No n 10. Will project have a major effect on existing or future recreational opportunities? Yes X No 11. Will project-result- in major traffic problems or o cause a major effect to existing transportation 4-, systems? Yes X No 12. Will project regularly cause objectionable odors, noise, 'glare, vibration, or electrical disturb- .-; ance as a result of the projects- operation? Yes X Nb m S' 13• Will project have any impact on public health or a) safety'? Yes X No Co 14. Will project affect the existing community by directly causing a growth in permanent popula- a lion of more than 5 percent over a one-year period or have a major at. eff ct on the character of the commu t .r en riooV . Yes X No 15. Is there public c tro e s conc the project? Yes X No., PREPARER S SIGNATURE: TITLE: Attorney REPRESENTING: t a.r: aCret' ' ; - DATE: 12/ /86 9/1/78 - PART II Environmental Assessment (To be completed by Agency) , A. Does action exceed any Type I threshold in 6 NYCRR, Part 617.12? If yes,coordinate the review process and use the FULLILONG FORM EAF. ❑ Yes ❑ No B. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR, Part 617.7? If No,a negative declaration may be superceded by ano involved action. ❑ Yes ❑ No C. Could action result in ANY adverse effects on,to,or arising from the following:.(Answers may be handwritten, if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic patterns,solid waste production or disposal,potential for eros drainage or flooding problems? Explain briefly: C2. Historic,archeological,visual or aesthetic,or other natural or cultural resources;agricultural districts;or community or neighborhood character?Explain I C3. Vegetation or fauna, movement of fish or wildlife species,significant habitats,or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources? Explain briefly. C5. Crowth,subsequent development,or related activities likely to be induced by the proposed action? Explain briefly. C6. Secondary,cumulative,or other effects not identified in Cl-C6? Explain briefly. C7. A change in use of either quantity or type of energy? Explain briefly. PART III Determination of Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwi significant. Each effect should be assessed in connection with its (a) setting(i.e. urban or rural); (b) probability of occurrin (c)duration;(d) irreversibility;(e)geographic Scope; and(f)magnitude. If necessary, add attachments or reference supportii materials. Ensure that explanations contain sufficient detail to Show that all relevant adverse impacts have been identifit and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Thi proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. ❑ Check this box if you have determined, based on the information and analysis above and any supporting documentatio that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and c attachments as necessary, the reasons supportng this determination: Agency Name Agency Preparer's Name ProOdrel5 5:¢nature-11le Date I • 12/ /86 (' C.L.y' 3 D.ltc) To: Soatho1d Town Board of Appeals Main Road Southold, VY 11971 Rc: Appeal Application of �Margaret_ Mc_N_-amara Location of Property: 64O . Takaposa oa u . _Off Main Ravview Road, Southold, New York --Tax Map # _ 1000-087-0-10 • Der Sirs: In reference to. the New York State Tidal Wetlanc:s I:and-Us Regulations, 6 UYCIR , Part 661, and Article 25 of the ttew York State- Environmental Conservation Law, please be advised that t. subject property in the within appeal ap�lic��ioa : (PlOZI-S , cht_ck one box) I X ] May be located within 300 feet o` tidal a,�.tlar.cp:; hrwt• ver, constructed along the Water-lyincj edc,: of this propel try is a bulkhaad in very good condition and at least 100 reef in ;lcr.cth. 4 I. . ) May be located within 300 feet of t=dal '.retlanc.; ho:lever, construcl:cd along the waz:Cr-ly!,^,�_ GCr-C i o: this property is' a, bul:':hcac? in neca o= (,�: ;,o�-) (major) repairs , and appra:cimately feet' in heryth. I l May be located within 300 feet of tidal Wctlani!z; however, constructed along the date•--lying edc-a of this property is a buZ};haad less thrin 100 feet in lengt:l. ( l May be located Within 300 i feet of tida_ wetland.; ; and there is no bul:chc�d or ceac_ct1 wall. on the promise3e ` I ) Is not located within 300 fcut oC tidal trot:lards to the best of lily kncx•1ledre. illCpiC:.,LC your p_•o7Crt7 ' doe- I)OC appe— t0 E,111 Within the jury-Odiction 0 ': t12L' tJ .Y.S . D. C. C. Sincerely your-, NOTC: If proposed project fall's n D. E. C. juri:;diction , approval mustbe received and sul--mit�-ed to. our office before Your application can b ;cl:cdaled . Cor a public ':c,:'ing. t.• ,� NEW YURK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION I IT UNDER,THE ENVIRONMENTAL CONSERVATION LAW ® ARTICLE 15, (Protection of Water) X ARTICLE 25, (Tidal Wetlands) ARTICLE 24, (Freshwater Well; nds) ARTICLE 36, (Construction in Flood Hazard Areas) MIT ISSUED TO Zobert A. Clements For: Frank J. Maietta DRESS OF PERMITTEE 7-B Division Street, Holtsville, New York 11742 -ATION OF PROJECT(Section of stream, tidal wetland,dam, building) ,ittle Peconic Bay ;CRIPTION OF PROJECT - ;onstruct a one family dwelling on lot .no. 10, Map of Bayview, Setback of home is to be 301 . Variance is requested for the cesspool. Project site is located on Little Peconic 3ay, Southold. MMUNITY NAME(City,Town, Village) TOWN Southold Southold UNTY T11A COMMUNITY NO. DAM NO. PERMIT EXPIRATION DATE' Suffolk 12/31/80 GENERA. CONDITIONS The permittee shall file in the office.uf the appropriate Regional B. That the State of New York shall in no case be liable for any damage iit Administrator, a notice of intention to commence work at least 48 or injury to the structure or work herein authorized which may be caused by or s in advance of the time of commencement ana shall also notify him result from future operations undertaken by the State for the conservation, or aptly in writing of the completion of the work. improvement of navigation, or for other purposes, and no claim or right to The permitted work shall be subject to inspection by an authorized compensation shall accrue from any such damage. esentative of the Department of Environmental Conservation who may 9. That if the display of lights and signals on any work hereby authorized r the work suspended if the public interest so requires. is not otherwise provided for by law, such lights and signals as may be pre- As a condition of the issuance of this permit, the applicant has ac- scribed by the United Stales Coast Guard shall be installed and maintained by and at the expense of the owner. ed expressly, by the execution of the application, the full legal respor.• lit), for all damages,.direct or indirect, of whatever nature, and by whom. 10. All work carried out under this permit shall be performed in accor- suffered, arising out of the project described herein and has agreed to dance with established engineering practice and in a workmanlike manner. rnnify and save. harmless the State from suits, actions, damages and s, of every name and description resulting from the said project. i1. If granted under Articles 24 or 25, the Department reserves the 601 to reconsider this. approval at any time and after due notice and hearing to Any material dredged in the prosecution of the work herein permitted continue, rescind or modify this permit in such a manner as may be found to .1 be removed evenly, without leaving large refuse piles, ridges across the be just and equitable. If upon the expiration or revocation of this permit, the of the waterway or flood plain or deep holes that may have a tendency to modification of the wetland hereby authorized has not been completed, the :e injury to navigable channels or to the banks of the waterway, applicant shall, without expense to the State, and to such extent and in s;ch time and manner as the Department of Environmental Conservation may require, Any material to be deposited dumped under this permit, either in remove all or any portion of the uncompleted structure or fill and restore -..e waterway or on shore above high-water mark, shall be deposited or dumped site to Its former condition. No claim shall be made against the State of New he locality shown on the drawing hereto attached, and, if so prescribed York on account of any such removal or alteration. g eon, within or behind a good and substantial bulkhead or bulkheads, such vill prevent escape of the material into the waterway. 12. This permit shall not be construed as conveying to the applicant ;_iy 1. right to trespass upon the lands or interfere with the riparian rights of others There shall be no unreasonable interference with navigation by the to perform the permitted work or as authorizing the impairment of any k herein authorized. title or interest in real or personal property held or vested in a person no: a That if future operations by the State of New York require an alteration party to the permit. . lie position of the structure or work herein authorized, or if, in the opinion 13. The permittee is responsible for obtaining any other permits, a} he Department of Environmental Conservation it shall cause unreasonable provals, lands, easements and rights-of-way which may be required for t-:s truction to the free navigation of said waters or flood flows.or endanger project. health, safely or welfare of the people of the State, or loss or destruction he natural resources of the State, the owner may be ordered by the Depart- 14. If granted under Article 36, this permit is granted solely on the ba: s I to remove or alter the structural work, obstructions, or hazards caused of the requirements of Article 36 of the Environmental Conservation Law i:c shy without expense to the State; and if, upon the expiration or revocation Part 500 of 6 NYCRR (Construction in Flood Plain Areas having Special FI:c; this permit, the structure, fill, excavation, or other modification of the Hazards — Building Permits) and in no way signifies that the project wii. _-e ercourse hereby authorized shall not be completed, the owners shall, free from flooding. lout expense to the State, and to such extent and in such time and manner 15•'B acre of this the Department of Environmental Conservation may require, remove all or y acceptance permit the permittee agrees that the pe-nrt portion of the uncompleted structure or fill and restore to its former is contingent upon strict compliance with the special conditions on --le rlition the navigable and flood capacity of the watercourse. No claim shall reverse side. u:ade against the State of New York on account of any such removal or ration. 20-4 (9/75) (SEE REVERSE SIDE) I J_ raf l4(� �6 Applicant shall be liable for any.damage to adjacent waterway resulting from any phase of the 'permitted .construction. S RMIT ISSUE DATE PERMIT ADMINISTRATOR ;> ;� " fiDDRESS 3/24/79 Daniel J. Larkin, P.E�l •��1�;a`i�'.•'ildg, 40, SUNY, Stony Brook, NY 117: cc: U.S. Army Corps at Engineers G� NYSDEC Law En€Qrcement - Region q COUNTY OF SUFFOLK DEPARTMENT OF HEALTH SERVICES June 19, 1980 Mr. Robert Clements 7B Division Street Holtsville, New York 11742 Dear Mr. Clements: Re: Board of Review Hearing Application- to Construct on Property S/O Main Bayview Road, Bayview, Town of Southold At the hearing held on May 23, 1980, you had an opportunity to present your appeal. of the department's ruling on the subject application. . In accordance -w4th the provisions of Section 220 of Article 2 of the Suffolk County. Sanitary Code, the determination of the Board of Review 'is as follows: Based on the information submitted, that the application be approved pro- vided:. (1) a Reverse Osmosis unit is installed according to specifications submitted to the General Engineering Unit; (2) the sewage disposal system is located in' the northeast corner with the.well towards the northwest corner at maximum distance from new and existing sewage disposal systems (approximately 90 feet). Since the determination of the Board of Review submitted to the Com- missioner's office on June 18, 1980 has not been reversed. or modified by him, it is therefore deemed to be the determination of the Commissioner. Very truly yours, H. W. Davids, P.E. Chief Engineer Bureau of Environmental Health HWD/lst cc Robert. A. Villa, P.E. ylliam Wickham, Esq. own of Southold Building •Department H.LEE DENNISON EXECUTIVE OFF, !JILDING VETERANS MEMORIAL HIGHWAY HAUPPAUGE,M.V. 11787 if FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No.711282 . . . . . . . . . . Date . . . .9;:t obm . . . . . . . . . . . . . . . .. 19 82 THIS CERTIFIES that the building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Property 640 Talcaposa }?oad ( Pvt. I'd - 15A) couthold House No. Street Hamlet County Tax Map No. 1000 Section . . . . . .Block . . 06. . . . . . . . . . .Lot . . 0,1.Q . . . . . . . . . . . Subdivision . . . . X . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. ?. . . . . .Lot No. .X . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated June 10 1980 pursuant to which Building Permit No. 10724 Z dated . . . . .June . 13. . . . . . . . . . . . . . . 19t-C. ,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 . a . . . . . . one—family dwelling with a non—habitable second floor. The certificate is issued to . . , Robert, A.. A Carol A. Clements (owner,deEssee�or tervart�J— of the aforesaid building. Suffolk County Department of Health Approval 1 Q-5 Q-31 , .5 e?5,/E 2.9. .R o t,t. A M 17.a,). . F .E. UNDERWRITERS CERTIFICATE NO. . . . . . . .11 . 5 E.?0 C 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector Rev.1/81