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HomeMy WebLinkAbout3805 j Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 1 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR.JOSEPH H. SAWICKI ACTION OF THE BOARD OF APPEALS JAMES DINIZIO, JR. Appeal No. 3805: Application of PAUL AND MARGARET KAYSER for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2B for permission to construct addition with an insufficient setback from existing bulkhead. Location of Property: 1005 Mill Creek Drive, Southold, NY; County Tax. Map District 1000, Section 135, Block 3, Lot 39. WHEREAS, a public hearing was held on December 8, 1988, in the Matter of the Application of PAUL AND MARGARET KAYSER under Appeal No. 3805; and WHEREAS, at said hearing all those who desired to be heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the south side of Mill Creek Drive, in the Hamlet of Southold, Town of Southold, is referred to on the unfiled "Map of Mill Creek Grove" as Lot 19 and part of 20, and is identified on the Suffolk County Tax Maps as District 1000, Section 135, Block 3, Lot 39. 2. The subject premises contains a total area of approximately 14,800 sq. ft. , lot width of approximately 84 feet at the front-setback of the existing building, average lot depth of 154+_ feet, and is improved with a single-family, 1-1/2 story frame dwelling, all as more particularly shown on the copy of Survey dated February 26, 1980, prepared for the previous s Page 2 - Appeal No. 3805 Matter of PAUL AND MARGARET KAYSER Decision Rendered December 8, 1988 owners, Larry C. Talbert and Rosemary H. Locastro by Roderick VanTuyl, P.C. 3. By this application, appellants request a Variance from the Provisions of Article XI, Section 100-119.2B to construct open deck addition extending 13 feet at the rear of existing dwelling, and leaving a scaled setback at 45 (or more feet from the edge of the existing concrete bulkhead along Arshamomaque Pond (or Old Cove) . 4. Article XI, Section 100-119.2B of the Zoning Code (as amended) requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. The nonconformities of the property and building as exists are noted as follows: (a) the setback at 52+- feet from the existing bulkhead; (b) substandard lot area, width and depth. The fact that the dwelling was constructed prior to the enactment of Section 100-119.2B of the Zoning Code, as amended, and the nature of the preexisting nonconformities lend to the practical difficulties and related to the premises. 6. For the record it is also noted that the elevations of the grade at the vicinity of the dwelling structure is shown to be 10 feet, more or less, above mean sea level, and no excavating or similar activities will be conducted for the construction of this deck seaward of the existing dwelling. 7. It is the position of this Board that in considering this application: (a) the relief if granted will not alter the essential character of the neighborhood; . (b) the difficulties are uniquely related to the property and are. not personal in nature; (c) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (d) that the variance requested is not substantial in relation to the requirements and is reasonable under the circumstances; 4 Page 3 - Appeal No. 3805 Matter of PAUL AND MARGARET KAYSER Decision Rendered December 8, 1988 (e) that the relief as requested will not alter the essential character of the neighborhood; (f) in view of all of the above, the interests of justice will best be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3805 in the Matter of the Application of PAUL AND MARGARET KAYSER for an 13-ft. open deck extension at rear of the existing dwelling as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck not extend any farther than 13 feet from the rear of the dwelling, as applied; 2. That the deck remain open, unroofed, and not be converted for additional living area (except for a temporary awning) . Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Sawicki. (Absent were: Member Doyen of Fishers Island due to serious family illness and Member Dinizio due to bereavement. ) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CRAIRMAN • o � 1 • o ��s�"n Lei Southold Town Board ®f 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. JOSEPH H. SAWICKI NOTICE OF HEARINGS JAMES DINIZIO,JR. 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, NY 11971, on THURSDAY, DECEMBER 8, 1988 at the following times: 7 : 30 p.m. Appl. No. 3803 - JAMES AND PHILOMENA MONICA. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of deck with an insufficient rearyard setback. Location of Property: 545 Bay Haven Lane, Southold, NY; Terry Waters Map No. 2901, Lot 42; County Tax Map District 1000, Section 88, Block 4, Lot 31. 7: 35 p.m. Appl. No. 3792 - NICK THEOPHILOS. Variance to the Zoning Ordinance, Article XI, Section 100-119 . 2A for permission to locate swimmingpool with fence enclosure with an insufficient setback from average line of bluff along the Long Island Sound. Location of Property: 450 The Strand, East Marion, NY; Pebble Beach Farms, Inc. Subdivision Lot #135; County Tax Map District 1000, Section 21, Block 5, Lot 5. 5 ' Page 2 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 7:37 p.m. Appl. No. 3791 - JAMES H. BERGERON. Variance to the Zoning Ordinance, Article III, Section 100-30A(1) and Article XI, Section 1.00-118, for permission to rebuild existing nonconforming single-family dwelling. Location of Property: 185 Riley Avenue, Mattituck, NY; County Tax Map District 1000, Section 143, Block 4, Lot 29. 7:.40 p.m. Appl. No. 3795 - PETER AND DOROTHY MICCICHE. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct detached garage in an area other than the required rearyard. Location of Property: 270 Private Road #12, Southold, NY; County Tax Map District 1000, Section 78, Block 6, Lot 4.1. 7:45 p.m. Appl. No. 3793 - JAMES AND STELLA MANOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(C) for permission to rebuild deck structure with 30+- sq. ft. expansion, within 75 feet of the nearest freshwater wetlands near Great Pond. Location of Property: 2147 Lake Drive, Southold, NY; County Tax Map District 1000, Section 591 Page 3 - Notice of Hearings Regular Meeting - December' 8, 1988 Southold Town Board of Appeals Block 5, Lot 2.2; also known as Lot #4 on the Minor Subdivision Map for Philip Druhl, P.B. File #22, endorsed March 24, 1970. 7:50 p.m. Appl. No. 3804 - ELLEN BLACK GUYTON. Variance to the Zoning Ordinance, Article III,. Section 100-32, and Article XI, Section 100-118, for permission to rebuild nonconforming accessory (storage-garage) building in the frontyard area. Location of Property: 3331 Private Right-of-Way extending off the west (northwest) side of Grand Avenue, Mattituck, NY; County Tax Map District 1000, Section 107, Block 01, Lot 11. 7: 55 p.m. Appl. No. 3794 - JERRY AND MARY GEORGES. Variance to the Zoning Ordinance, Article XI, Section 100-119. 2 for permission to construct addition(s) to existing dwelling with an insufficient setback from the top of bank along the Long Island Sound. Location of Property: 18565 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block O1, Lot 22. 1. Page 4 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 8:00 p.m. Appl. No. 3734 - KATHRYN FLEET. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area, width and depth, of two proposed parcels in this pending division of land. Location of Property: North (Northwest) Side of Old Pasture Road, Cutchogue, NY; County Tax Map District 1000, Section 103 , Block 11, Lot 19.1. 8:05 p.m. Appl. No. 3780 - ARMANDO CAPPA. Variance to the Zoning Ordinance, Article III, Section 100-30C, for permission to erect ground sign, advertising off-premises business ("Ciccilino," Fine Italian Dining) . Location of Property: South Side of Main Road and North Side of Old Main Road, Southold, NY; County Tax Map District 1000, Section 56, Block 6, Lot 11.1. 8:10 p.m. CAppl. No. 3805 - PAUL AND MARGARET KAYSER. Var a to the Zoning Ordinance, Article XI, Section 100-119.2B for permission to construct deck addition with an insufficient setback from existing bulkhead. Location of Property: 1005 Mill Creek Drive, Southold, NY; County Tax Map District 1000, Section 135, Block 3, Lot 39. Page 5 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 8:15 p.m. VICTOR AND LINDA CATALANO: (a) Appl. No. 3800 - Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to locate swimmingpool, accessory to the existing residence, in an area other than the required rearyard. Location of Property: West Side of Private Right-of-Way extending off the South Side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.2. (b) Appl. No. 3799 - Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-31, for permission to construct principal building for use as a poolhouse/cabana, accessory to adjoining residence, with an insufficient rearyard setback. Location of Property: South Side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13 .1. Page 6 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 8:20 p.m. Appl. No. 3796 - ALFRED FALKOWSKI . Special Exception to the Zoning Ordinance, Article IX, Section 100-90 for permission to construct office building with storage upon this 6+-acre parcel. Zone District: "C-1" General Industrial. Location of Property: 8595 Cox Lane and the Southwest Corner of Oregon Road, Cutchogue, NY; County Tax Map District 1000, Section 083 , Block 3 , Lot 4. 6. 8: 30 p.m. Appl. No. 3807 - MOHRING ENTERPRISES, INC. Variance to the Zoning Ordinance, Article XI, Section 100-119 and Article III, Section 100-31, Bulk Schedule, for permission to locate new dwelling with an insufficient rearyard setback on a lot which has frontage along three roads: North Bayview Road, Pine Neck Road, and Kimberly Lane, Southold, NY; Subdivision Lot No. 20, Map of Paradise By the Bay; County Tax Map District 1000, Section 70, Block 13, Lot 20. 20. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: November 22, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD . OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x Please publish the above Legal Notice on or before December 1, 1988 and forward one Affidavit of Publication together with your voucher on or before December 6, 1988. Thank you. ---------------------------------------------------------------x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date ..... .... . . .). .1. . . . . .. 19 -. To PLEASE TAKE NOTICE that your application dated . . Oa-�. . . . .� , . . ., 19 for permit to . . . . . . . . . . . . . . at Location of Property �.�v 5 . . . . .''l . . �J � �, , , House No. Street � � � •Hamlet County Tax Map No. 1000 Section . . -4 S.. . . . . . Block . . . . Q. -�i . . . . . Lot . . . . . . . . . Subdivision . . . . . . . . . .. . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . Q is returned herewith and disapproved on the following grounds . +!.. !. ? r, l.Uy ;I/9-z . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK P w c E IV ED APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. NOV 16 1988 DATE .:............................ TO THE ZONING BOARD OF APPEALS, TOWN C&;� 6Tti%fd)n I $ 1 (we) '��.'L..i....?�/ /�r2 ! s ..........of .....1 ,L ................. v ........... Name of Appellant Street and Number S� �� ...d .� HEREBY APPEAL TO 4...........��..................................................... .... .. ..... Municipality S ate THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED .................................. .................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit / �/ofL. .. 4!� .. .... 4�l.11�T�E;I'�.............. &:.�1........................ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR. OCCUPANCY (>C) ir�'a � G oev�Ala t�T'r G�►1 1. LOCATION OF THE PROPERTY ... .'�(IL�-..z%� � cU��ry�jr� -(�,�j��i�It,�jC�'� ... ......!...................,................. Street /Hamlet / Use District on Zoning Map District 1000 Secti on j3''B....lock �Lot - /........ ...Current Owner 11 hgCXy-4e_7- �,001e. Map No. Lot No. Prior Owner. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article qC % Section lbo-- 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) ' A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has)EnotDbeen 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 (�r1) A Variance to the Zoning Ordinance y �� Y'I,wi_i 'n r f"�'� Z.C. d .S e-0,d U1'9 F j�1 ga�✓ is requested for the reason that Form zsi (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shored by all properties alike in the -immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE. THE CHARACTER OF .THE DISTRICT_because T'9�C P4pv,�� deck Il4°vvt—N- iv°T_ c�6&0't','� �rUy'(��✓ S dA f L 11��w' J F 7-14 _ p �� U a� (, /I _ �! +✓ ��IT r,lam f N / ��✓JG ®,�/�/7r� / f��l�� ©bi ei �JL�L STATE OF NEW YORK ). ss ..... .......... .... ............g................. . .................... I. COUNTY OF ) Signature Sworn to this ...................Z.6................... day of.................(Jt{,s ....... 19�!✓ Notary Public BARBARA STEPNOWSKI (Votary Public,State of iVeary yorh No.4844752 Qualified in Suffolk County Commission Expires�g ��_ � '9`001MON -Oru' SOUTHOLD PROPERTY R - E�7010 CARD 1 '3 OWNER STREET VILLAGE DI TRICT SUB. LOT FORMER OWNE N E ACREAGE 4_Z/ L S W TYPE OF BUILDING Id. ZES. SEAS. VL. FARM COMM. IND. CB. I misc. LAND IMP. TOTAL DATE REMARKS -ale E e 4"s fe Iv lz7tper(pZ-2e. C,7en j 1r to il"-i 1 z _L5 e, C-N L I,)!zJ+,_<90 7- bs---rq, AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE ........ Farm Acre Value Per Acre Value /* Fillable I Killable 2 Fillable, 3 A/codland )wompland .!Zoo 3rushland '-louse Plot ctal i L 1� 4 \ Y e 2 I '1 'i. i11 q t M. Bldg. - _ �l C� � +.'� � Foundation l�, Bath Extension Basement �j `:I Floors 2...,� Extension Ext. Walls - Interior Finish Extension Fire Place Heat 44�l ✓� Porch Attic -- Porch Rooms 1st Floor Breezeway Patio Rooms 2nd Floor Garage Driveway o. B. y 1 .ft- 5U2VEYGD FOCI r i Gad.=75O AT N rl. •' � . A�Sr-�Anr�O1�fAG�t.J�• . TOWN OF SOUTHOLO , • ��'� t �.fo SCE - - /C�• � � ram, -.. 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Su f otk Coum-hy Tax A-Icrp G srgrrafiorr: o < 000CA21CkC VA84 'MYL,P•C . �0 I LAND LlC�KSf�d Land Surveyors Premises wr a { (� araf'F of L.Of eas L.o Greerrr�otYF' New York on •utifiled "Mat, of A-fill c re04-, { " COUNTY OF SUFFOLK 1 PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN 360-5206 DIRECTOR OF PLANNING December 22, 1988 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Paul & Margaret Kayser 3805 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I., NEW YORK 11788 (51 6)360-51 92 Southold Town Board of Appea ts ���� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 Old , , TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI James Dinizio, Jr. 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 XI ., Section100-119.2E Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . :3805 Applicant : Paul & Margaret Kayser Location of Affected Land : 1005 Mill Creek Drive, Southold, NY County Tax Map Item No . : 1000-135-3-39 Within 500 feet of : Town or Village Boundary Line _ XX _ Body of Water (Bay , Sound or Estuary ) State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-o.f Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS : Applicant is requesting permission to construct addition with an insufficient setback from existing bulkhead Copies Of Town file and related documents enclosed for your review. Dated : December 15, 1988 o��FFQ�co {r Southold T®wn Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 Ol Dig (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI December 14, 1988 JAMES DINIZIO, JR. Mr. and Mrs. Paul Kayser 1005 Mill Creek Drive Southold, NY 11971 Re: Appl. No. 3805 - Variance for Deck Dear Mr. and Mrs. Monica: Transmitted herewith for your file and perusal is a copy of the determination rendered by the. Board of Appeals recently concerning the above application. Please be sure to return to the Building Department for issuance of additional documents which may be necessary. A copy of this decision has also been furnished to their office to update their files. Wishing you and your family a Merry Christmas and Happy New Year! Yours very truly, GERARD P. GOEHRINGER H IRMAN LinKowalski Enclosure Copy of Decision to: Office of the Building Inspectors Suffolk County Department of Planning Office of the Town Trustees G G L v Nl,G`4 6 e a J of �0a 9//P L C-Ag Z>2 f,-2 4 r : r i M gza Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N:Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD December 8 , 1988 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H.'SAWICKI Notice of Determination of Non-Significance James Dinizio, Jr. APPEAL NO. : 3805 PROJECT NAME: Paul and Margaret Kayser 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 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 [ ] Exempt DESCRIPTION OF ACTION: permission to construct deck addition with an insufficient setback from existing bulkhead. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 1005 Mill. Creek Drive. , Southold, NY 1000-135-3-39 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 Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802 . Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. • - vale Road #12, Southold, NY; Section 100-30C,forpermission-to Lot4.6. regal Otices :County Tax Map District loco,Sec erect ground sign, advertising off- ; '; 8.30 p.m. Appl. No. 3807 tion 78,Block 6,Lot 4.1. - premises business("Ciccihno;'Fine MOHRING ENTERPRISES, INC.- 7:45 p.m. Appl. No. 3793 - Italian Dining).Location of Property: Variance to the Zoning Ordinance, NOTICE OF HEARINGS JAMES AND STELLA MANOS. South Side of Main Road and North ; :_Article XI, Section 100-119 and NOTICE IS HEREBY GIVEN, Variance to the Zoning Ordinance; Side of Old Main Road, Southold; '!`- 'Article III, Section.100-31, Bulk pursuant to Section 1167 of the Town Article XI,Section 100-119.2(C)for NY;County Tax Map District 1000#- .Schedule,for permission to locate of Southold,the owing hearings. permission to rebuild deck structure Section 56,Block 6,Lot 11.1., new dwelling with an insufficient will be bel y the SOUTHOLD �3p}sq,ft expansion,within 75 8.10 p.m. Appl. No. '3805 rearyard setback on a lot which has TOWN BOARD OF APPEALS at a feet of the nearest freshwater wetlands PAUL AND M A R GA R E T/ ..'frontage along three roads: North Regular Meeting at the Southold .:- near Great Pond.Location of Prop- KAYSER. Variance to the Zoning Bayview Road,Pine Neck Road,and Town Hall,Main Road, Southold, erty: 2147 Lake Drive, Southold, Ordinance,Article XI,Section 100• Kimberly Lane, Southold, NY; NY 11971,on THURSDAY. DE- NY;County Tax Map District 1000. 119.2B for permission to construct.. Subdivision Lot No. 20, Map of CEMBER 8.1988 at.the following . Section 59, Block 5, Lot 2.2; also deck addition with an insufficient set ' Paradise By the Bay; County Tax k, in known as Lot#14 on the Minor Sub- back from existing bulkhead. Loca- Map District 1000,Section 70,Block i 8i times:".- P 7:30 p.m. Appl. No. 3803 - division Map for Philip Druhl,P.B. lion of Property: 1005 Mill Creek The Board of Appeals will at said JAMES AND PHILOMENA MON- File#22,endorsed March 24,1970. Drive, Southold, NY;County Tax time and place hear any and all per- er, ICA. Variance to the Zoning Ordi- 7:50 p.m._Appl. No. 3804 - Map District 1000, Section 135; sons or representatives desiring to be Of nance, Article Ell, Section 100-31, ELLEN•BLACK GUYTON.Variance, Block 3,Lot 39. -heard in each of the above matters. Bulk Schedule,for approval of deck to,the Zoning Ordinance.Article III.' 8:15 p.m.VICTOR AND LINDA Written comments may als.6 be sub- iCh with an insufficient rearyard setback.' Section 100-32,and Article XI,Sec- CATALANO: miued prior to the conclusion of the a In Location of Property:545 Bay Haven tion 100-118,for permission to re- (a)Appl.No.3800-Variance to subject hearing.Each hearing wilrnot start before the time allotted. For Lane, Southold,NY; Terry Waters build nonconforming accessory the Zoning Ordinance; Article III, k3 Map No.2901,Lot 42;County Tax (storage-garage)building in the front- Section 100-32, for permission to, more information, please call 76�- Map District 1000,Section 88,Block yard area.Location of Property:3331, locate swimmingpool,accessory to, '''' 1809• : of 4,Lot 31. Private Right-of-Way extending off. the existing residence,in an area other. Dated:November 22,1988: 7:35-p.m. Appl. No. 3792 - the west(northwest)side of Grand.• than the required rearyard.Location of• BY ORDER OF NICK THEOPHILOS. Variance to Avenue,Mattituck,NY;County Tax Property:West Side of Private Right, THE SOUTHOLD TOWN the Zoning Ordinance, Article XI, Map District 1000, Section 107, of-Way extending off the South Side. BOARD OF APPEALS' Section 100-119.2A for permission Block 01,Lot 11. of Great Peconic Bay Boulevard,.' GERARD P.GOEHRINGERi to locate swimmingpool with fence 7:55 p.m. Appl. No. 3794 = .Laurel,NY;County Tax Map District CHAIRMAN enclosure with an insufficient setback JERRY AND MARY GEORGES. 1000, Section 128, Block 6, Lot By Linda Kowalski from average line of bluff along the Variance to the Zoning Ordinance; 13.2. 6135-1TD1 Long Island Sound. Location of Article XI,Section 100-119.2 for- (b)Appl.No.3799-Variance to Property: 450 The Strand, East permission to construct addition(s)to the Zoning Ordinance, Article III, Marion,NY; Pebble Beach Farms,- existing dwelling with an insufficient, Sections 100-30 and 100-31,for per= / Inc. Subdivision Lot#i135;County setback from the top of bank along. mission to construct principal build! Tax Map District 1000,Section.21, the Long Island Sound: Location of ing for use as a poolhouse/cabana, Block 5,Lot 5. Property:18565 Sotmdview Avenue, accessory to adjoining residence,with MARY K.DEGNAN 7:37 p.m. Appl. No. 3791 - Southold, NY; County Tax Map, an insufficient rearyard setback.Lo- 1 OTARY PUBLIC,State of Ne4V York JAMES H.BERGERON.Variance to. District 1000,Section 51,Block 01•, cation of Property: South Side of ouffolk County fdo.4o4y860 the Zoning Ordinance, Article III, Lot 22.1. Great Peconic Bay Boulevard,Laurel, Term Expires Februal J, Section 100-30A(1) and Article XI, 8:00 p.m. Appl. No. 3734 - NY;County Tax Map District 1000, 4____ "� lI CJ Section 100-118,for permission to KATHRYN FLEET.Variances to the Section 128,Block 6,Lot 13.1. rebuild existing nonconforming sin- Zoning Ordinance,Article III,Sectic* 8:20 p.m. Appl. No. 3796 - gle-family dwelling. Location of 100-31,Bulk Schedule,for approval=" ALFRED FALKOWSKI. Special Property: 185 Riley Avenue,Matti- of insufficient area,width and depth,' Exception to the Zoning Ordinance, tuck,NY;County Tax Map District. of two proposed parcels in this pend- P Article IX, Section 100-90 for 1000,Section 143,Block 4,Lot 29. ing division of land. Location of permission to construct office 7:40 p.m.Appl.No.3795-PE- Property:North(Northwest)Side of building with storage upon this 6f TER AND DOROTHY MICCICHE. Old Pasture Road,Cutchogue, NY; acre parcel. Zone District: "C-1 Variance to the Zoning Ordinance, County Tax Map District 1000,Sec- General Industrial. Location of Article III,Section 100-32 for per- tion 103;Block 11,Lot 19.1. " Property: 8595 Cox Lane and the - � mission to construct detached garage b .8:05 p.m. Appl. No. 3780 - Southwest Comer of Oregon Road, in an area other than the required rear- - . ARMANDO CAPPA. Variance to Cutchogue, NY; County_ Tax Map yard.Location of Property:270 Pni- the Zoning Ordinance, Article Trr M1 •= " " -"X as Lot #4 on the Minor Sub- 8:15 m. VICTOR. AND NOTICE OF HEARINGS P• division Map for Philip Druhl, I LINDA CATALANO: � �' .NOTICE IS HEREBY P.B..File t122, endorsed March (a)Appl.No.3800-Variance "CIVEN, pursuant to Section 24, 1970... of the Town Law and the 7:50 p.m: Appl. No. 3804- to the Zoning Ordinance, Arti-� `-'Code of the Town of Southold, EI LEN BLACK GUYTON. cle III, Section 100-32, for per- the following hearings will be ••Variance. to the Zoning Ordi- mission ;es locate swimming held by the SOUTHOLD nance, Article III, Section pool, accessory to the existing I TOWN BOARD OF APPEALS 100-32,and Article XI,Section, residence, d e area other than at a Regular Meeting at the pthe required rearyard: Location g g :100-118, for permission to re of:Property: West Side of Pri- Southold Town Hair, Main build nonconforming Accessory. vate Right-of--Way extending off Road, Southold, NY 11971, on (storage=garage)building in the. the South Side of Great Peconic THURSDAY,.DECEMBER 8, frontyard area. Location of Pro- Bay Boulevard, Laurel, NY; . 198&at.-the following times: perty:3331 Private Right-of--Way. County Tax Map District 1000, "'7c30 p.m. Appl. No: 3803- extending off the west (north Section 128;Block 6; Lot 13.2. "..:west) .side of Grand Avenue; JAMES AND PH1LOlVIE[VA (b)Appl. No.3799-Variance . Mattituck,. NY; County Tax to the Zoning Ordinance MONICA.Variance to theZon- g Ordinance, Ordinance,Article I11, Sec- Map District 1000,Section 107, . cle III, Sections .100-30 and 'Block 01, Lot. 11. 100-31, for tion 100-31, Bulk Schedule, for ' permission to con- approval of deck with an insufr struct principal building for use ficient rearyard setback. Loca- J•ERRY LAND- MARY .,.as a poolhouse/cabana, acces_ G,EORGES. Variance to the tion of Property:545 Bay Haven sory to adjoining'residence;with._ Lane, Southold, NY; Terry Zoning Ordinance, Article on ':an insufficient rearyard setback. .Section.100-119.2 for permission '-Waters Map No. 2901, .L.ot 42, :.to construct addition(s)to exist-,v Location of'Property: South '''County Tax Map District 1000, jng dwelling with an insufficient Side of Great' Peconic Bay `,'Section 88, Block 4, Lot 31. Boulevard, Laurel,NY;County �`17:35 p.m. Appl. No. 3792- setback from the top of bank Tax Map District 1000, Section along the Long Island Sound. "NICK THEOPHILOS.Variance I 128, Block 6, Lot 13.1. to the Zoning Ordinance, Arti- Location of Property: 18565 ndview Avenue, Southold, 8:20 p.m. Appl.,No. 3796", Sou cle XI, Section 100-119.2A for Sou County Tax Map District ALFRED FALKOWSKI. Spe' permission to locate swimming-1 cial Exception to the Zoning�Or!, 1000, Section 51, Block 01, L'ot pool with fence enclosure with I dinance, Article IX,...Section, 22.1. an insufficient setback from j 100-90 for permission to-con- 8:00 p.m. Appl. No. 3734- average line of bluff along the struct office building with star __KATI3AYL�L.FLEET.Variances, T. Long Island Sound.Location of age upon this 6± acre parcel. to,the Zoning Ordinance, Arti- Property:450 The Strand, East Zone District: "C-I" General cle I11, Section 100-31, Bulk Marion, NY; Pebble Beach Schedule,for approval of insuf- Industrial. Location of Proper- Farms, Inc. Subdivision Lot I ty: 8595 Cox Lane and the ficient area,width and depth,of •N135; County Tax Map District two, proposed parcels in this Southwest Corner of Oregon - 1 1000•Section 21,Block 5,Lot 5. I pending division of land. Loca- Road, Cutchogue, NY; County 7:37 p.m. Appl. No. 3791- . tion of Property:North(North- Tax Map District 1000;Section • JAMES H. BERGERON.Vari- west)Side of Old Pasture Road, 083, Block 3, Lot 4.6. ance to the Zoning Ordinance, Cutchogue, NY; County Tax 8:30 p.m. Appl. No. 3807- Article III, Section 100-30A(1) I Map District 1000,Section 103, MOHRING ENTERPRISES, and Article X1,Section 100-118, j Block 11, Lot 19.1. INC.Variance to the Zoning Or- for permission to rebuild exist= 8:05 p.m. Appl.,No. 3780- dinance, Article XI, Section ing nonconforming single-i ARMANDO CAPPA.Variance 100-119 and Article III, Section family dwelling. Location of , to the Zoning Ordinance,Article 100-31, Bulk Schedule, for per- Property: 185 Riley Avenue; 111,Section 100-30C,for permis- mission to locate new dwelling Mattituck, NY; with an insufficient rearyardCounty Tad sion to erect ground sign,adver= back hasf set- `.'Map District 1000;Section 143, tising off-premises business' n a lot which has front= Block 4, Lot 29. S ("Ciccilino," Fine Italian Din- age all ong three roads: North '. 7:40 p.m. Appl. No. 3795- ing).'' Location of Property: Bayview Road,Pine Neck Road; PETER AND DOROTHY South Side of Main Road and and Kimberly Lane, Southold,r' MICCICHE. Variance to the North Side of Old Main Road, NY; Subdivision Lot No. 20, . Zoning Ordinance, Article 111, Southold,NY;County Tax Map Map of Paradise By the Bay; Section 100 32 for permission to District 1000,Section 56,Block County Tax Map District 1000, The Board i construct detached garage in an 6, Lot 11.1. Section 70,Block 13,Lot at said'time and place area other than the required 8:10 p.m. Appl. No. 3805- I Appeals will ll ace hear any and rearyard. Location of Property: PAUL AND M'ARGARET c allpersoris�' r rep"resantatiV �de= 270 Private Road#12,Southold, KAYSER. Variance to the-Zon- •: siring'tobe-heard-In''ftth'6f tfie' NY; County Tax Map District ing Ordinance, Article X1, Sec- .above-irriatters. -Written-:cdrn ]000, Section 78, Block 6, Lot tion 100-119.213 for permission ments may also be submitted to construct deck addition with prior to the conclusion of the . 7:45 p.m. Appl. No. 3793- an insufficient setback from subject hearing. Each hearing JAMES AND SI'ELLA existing bulkhead. Location of will not start before the time al- MANOS. Variance to the Zon- Property: 1005 Mill Creek Drive, lotted. For more information, ing Ordinance,Article XI, Sec- tion 9.2(C)for permission Southold,NY;County Tax Map please call 765-1809.. to rebbuilduild deck'structure with District 1000;Section 135,Block Dated: November 22, 1988. I � I 30± sq.ft.expansion,within 75 3, Lot 39. BY ORDER OF _ feet of the nearest freshwater THE SOUTHOLD TOWN BOARD OF APPEALS wetlands near Great Pond. Location of Property:2147 Lake GERARD P. GOEHRINGER, Drive, Southold, NY; County 'Chairman By Linda Kowalski , Tax Map District 1000, Section IX, 12/1/88 (2)s 59,Block 5,Lot 2.2;also known 7 if z Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 `f > TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN 1 u' °s Town Hall, 53095 Main Road 0� , h P.O. Box 1179 Southold, New York 11971 JUDITH T. TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: November 15, 1988 Transmitted herewith is Zoning Appeal No. 3805 application of Paul & Margaret Kayser for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval 'from the Building Department; survey of property; and any other attachments relative to this application. • Judith T. Terry Southold Town Clerk Ir r 7dF (,�� - Z ( = ���x Southold To�ur� hoard ofAppeals Lr31 x� 5�. Off`® 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. JOSEPH H. SAWICKI JAMES DINIZIO, JR. List of Mailings Hearings for December 8, 1988 Southold Town Board of Appeals Copies mailed to the following on or about 12/1/88 Mr. & Mrs. James Monica 545 Bay Haven Lane Southold, NY 11971 Mr. Nick Theophilos 387 Broadway New York, NY 10013 Mr. James H. Bergeron 14 Birch Hill Drive Poughkeepsie, NY 12603 Mr. Otto Schoenstein (Re: Micciche) Box 95 1645 Maple Lane East Marion, NY 11939 Mr. James Manos 2147 Lake Drive Southold, NY 11971-1543 Peconic Development Corp. (Re: Guyton) Box 594 Mattituck, NY 11952 Ward Associates (Re: Georges) 1500 Lakeland Ave. Bohemia, NY 11716 Abigail A. Wickham, Esq. (Re: Fleet) Main Road - P.O. Box 1424 Mattituck, NY 11952 Legal Notice of Hearings for December 8, 1988 Copies mailed to the following on or about 12/1/88 North Fork Sign Co. (Re: Cappa) Main Bayview Rd. Southold, NY 11971 r. & Mrs . Paul Kayser V/M1005 Mill Creek Drive Southold, NY 11971 Ms. Patricia Lloyd (Re: Catalano) 471 Route 25A Rocky Point, NY 11778 Sambach Associates (Re: Falkowski) Box 1033 - Cox Lane Cutchogue, NY 11935 Mr. Philip J. Cardinale (Re: Mohring) Cardinale & Cardinale Main Road - P. O. Box W Jamesport, NY 11947 L. I. Traveler-Watchman, Inc. (Official Town Newspaper) Suffolk Times , Inc. Town Clerk Bulletin Board ZBA Office Bulletin Board ZBA Chairman and Members with copies from file ZBA Individual Files TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 (We) ,..Paul W„&„Margaret„Kayser.....of 1005 Mill Creek Drive . ...... . .. r Drive Name of Appellant Street and Number Southold New. York 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 Paul W & Margaret Kayser ................................................................................. Name of Applicant for permit of 1005 Mill Creek Drive Southold New .York ................................................................................................................................ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT.FOR, OCCUPANCY . (X ) Permit for Condtructmon 1. LOCATION OF THE PROPERTY .1005 Mill Creek Drive Southold NY .................................................................. Street /Hamlet / Use District on Zoning Map District 1000 Section 13t1 ock 031-ot 39 .Current Owner Paul & Margaret Kayser Mop No. Lot No. Prior Ow n e rLarry Talbor & R�q emary 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article X 1 Section 100-119. 2 3. TYPE OF APPEAL.Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map J 'A C n _ ( ) A VARIANCE due _to- lack of access (State of New York Town Low .Chap._62'Cons. haws 1 -r Art.-I 6 Sec. 280A Subsection-3 r 1 : << n (X ), rAjVariance die ;to; Caris.tr1uction;-w_ithin ,7.5 - feet,,or Water 4. PREVIOUS APPEAL A previous appeal &&) (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 1 ( ) request for a variance andwas made in Appeal No. ................................Dated ....................................•................................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance (KX) A Variance to Article X * 1 Section 100-119. 2 is requested for the reason that Form zsi (Continue on other.side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sa.ry HARDSHIP because r r ;_ r r 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 r f f r F r r rf, r r 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed deck would not obstruct anyones view' of the water; Our neighbors i. e . the next 2 houses on the northwest, s'id�e have. similar decks to the one we are proposing theirs ale also on the waterfront fide` `of the housT The 'proposed Deck would enhance the looks of the house and in turn the neighborhood. /11 STATE OF NEW YORK ) r.r- r f �h;"i '.G,� ,---�: jss COUNTY OF f,..... .i ......... }.Signature.......... C %� / 1..6................ day of�. ............ ,/�,.��... 19 Sworn to this .................... y ........... ............ ... ..... .v �` �.... --tit Notary Public �d.l BARBARA STEPNOAJSKI Notary Public,State of New York iVo.4844752 Qualified in Sutiolk County Commission BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: �yl p �� ��j yV� 4 0 L4 PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That-it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a Variance (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property whic is the subject of the Petition is located adjacent to your property and is des- cribed as follows: T H E 1 -5 ofl, Toes , (j H )'F - 0 vs, o -Pr_,4 t W lt � A Ili' � 'i s` —IWC` .b w t_ L l-I&6 (Jiro iV iFh R n o L rvi1 3. That the propert which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: /lVl fG`h G� ��© bti'�1 1`��'�--`� �?r ('���. • (tom) T��L 'Zt�+!�•��r��t<�1� ._S}il�� C!^ J`f L f 'CU,S 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article X % Section .10o— jJq, [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the-date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices;that you or your representative have the right to appear an be hc/eard at such hearing. Dated: I ��° 0� Petiti ner Own rs ' Na es : `kuL tv + 0"14 vI� Post Office Address rl ivy p971 T e l . No . ( 516 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS P 012 6n9 735 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Se t to Street and No. P.O.,State and ZIP Code �7 L i ©NrG G/ka r✓.Tv c� Postage S Certified Fee J Special Delivery Fee i I Restricted Delivery Fee .� Return Receipt showing to whom and Date Delivered N cO Return Receipt show' m• Date,and Addre -, 'very j. t, TOTAL Post e�(1a Fees - o Postmark t7aI ao }.. .A E f,.,• o s! i ,• a (nIL I STATE OF NEW Y.ORK ) ss.: COUNTY OF SUFFOLK) 1� A p 1;14 I f2 residing at L'19eu_ I l L.C. 1191 being duly sworn, deposes and says that on the 1_ day of dlewem4oiz : , 19 ram, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice S > 1-b ; that said Notices were mailed to each of said persons by certifie ) (registered) mail. . Sworn to before me his day of , 19 Notary Public BARBARA STEPNOWSKI Notary Public,State of Now York klo.48447sa Qualified in Suffolk County Commission Expires#Aetch-9 (This side does not have to be completed on form transmitted to adjoining property owners .. ) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: n nr 111d`'�I� t-( W(G-�i?�QI PROPERTY OWNER j'�r�t t�S. r=� � 5� f j 0-7g iH I L L 'r . N'.�' e YOU ARE HEREBY GIVEN NOTICE: 1. That it i e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request <5e (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is d s- cribed as follows: . �' dS tis 'LI t � 0- 3. That the property which is the subject of such Petition is Igcated in th following zoning district: 4. That by,such Petition, the undersigned will request the following relief: • i 1-1'IS51 P11 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article X i Section /00" I I Z, [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7E;5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the.Long Island Travel er-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear nid be heard at such hearing. Dated: .<' A4 Petition Owners ' Name - �i.�f ' �j aCr4 Post Office ddr [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS P 012 609 736 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Street and No. ��JJ i v 7,1 P.O..State and ZIP Code Postage - S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing Ln to who and Date Delivered n rn Return Receip ' t show' (� ` Date,and Addles,; , C ver& TOTAL Posta a5t'd Fees O !� � Postmark or Cl) A -• - ate: E G7 i' LL �wq cy STATE OF NEW YORK ) ss:: COUNTY OF SUFFOLK) ,.. �sL ink - /� �2Lr d�►� 5 residingat /fJt7� Yi{iLl� Lae&BIZ �RI�p Sarrrf��Ll� /1/•y— /1`l7/ , being duly sworn, deposes and says that on the 16 day of 1/ba km ILa"-, .. , 19 ( deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at S o-arl ab-1> ; that said Notices were mailed to each of said persons by certi ie ) (registered) mail. Sworn to before me his day of G 0/4 , 19 kL Notary Public BARBARA STEPNOWSKI Notary Public,State of Now York No.484476a Qualified in Suffolk County gyp„ Commission Expires sdv/ (This side does not have to be completed on form transmitted to adjoining property owners . ) 4.16-4(2/87)—Text 12 PROJECT I.D.NUMBER 617.21 SEAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME , 3. PROJECT LOCATION: Municipality 00V [ OL 6 County 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) C, C t/L it 5. IS PROPOSED ACTION: IS New ❑Expansion ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: .a L(< C) iv w.�Te6��rCh 7=�(�i> 7. AMOUNT OF LAND AFFECTED: Initially In/b, acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes E No If No,describe briefly l�!$7��3� j S I�S S ]—��✓t w 76 -C T/1c /51(4- 41 rt�z o r= 4 R S• #4 M t7 rr, 6 Q v� P e tO t) r v er-1 •-i- 11-{AiOLr r;R fr rill. 19-12&7 6 LI-u.J NAdt, 7a Sv LI fkv-11 vac 221 l fr7 s n .I�v t i� Pi9d i�,,i S�tii,`. 19,5 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? , Residential ❑Industrial :❑Commercial ElAgriculture ❑Park/Forest/Open space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? JE Yes ❑No If yes, list agency(s)and permit/approvals 14ps)tuGs X c, ci,, 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes S No If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes No I CERTIFY THAT T E,INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: / Lt/ i Date: Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this a!;�Sessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM "' c -- INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently project and the likely impacts of theaaction. Itfism not oexpected nthat ing the additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment . 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? _Yes NO 2. Will there be a major change to any unique or unusual land form on the site? _Yes �(No 3. Will project alter or have a large effect on an existing body of water? _Yes _NO 4. Will project have a potentially large impact on groundwater quality? _Yes _KNo 5. Will project significantly effect drainage flow , on adjacent sites? Yes )(No ` 6. Will project affect any threatened or endangered plant or animal species? _Yes '5(No 7. Will project result in a major adverse effect on air quality? _Yes )(No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes P No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologicdl importance or any site designated as a critical envircnmental area by a local agency? Yes No ` 10. Will project have a major effect on existing or `�/, future recreational opportunities? _Yes / No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes _(No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes JNo 13. Will project have any impact on public health or safety? _Yes )(No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year No Yes- period or have a major negative effect on the character of the community or neighborhood? 15. Is there public pn/ersy concerning the project? Yes _No Preparer's Signature: �� -- Representing: / Date: �I Ste. ZBA y/75 FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. . , Z 17044 July 1 , 1988 Date . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . THIS CERTIFIES that the building . . . .AdAit on , , , , , , , , , , , , , , , , , , , Location of Property 80 Mill. Creek .Drive . . . Southold . . . . . . . . House No. Street Hamlet County Tax Map No. 1000 Section . . 13 5. . . . . . .Block. , .0 3. . , . . . , , , . .Lot . . .39 . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated May 2 8 ,. 19 8 7 pursuant to which"Building Permit No. 6 0 8 8 Z. . . . . . . . . . . . . dated June I8 , 198. was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for wlucli this certificate is issued is . . . . . . . . . Dormer addition to an existing one family dwelling . The certificate is issued to . . . . . . . KAYSER (owner,XdC.2XYrXXX&K . . . . . of the aforesaid building. Suffolk County Department of Health Approval . . . . N/A . . , . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . N0, 1.684 6, June 1 6,,, ,1 988, PLUMBERS CERTIFICATION DATED: Henry J . Smith & Son , Inc . 5/4 /88 Building Inspe r Rev. 1/81 Standard N.Y.B.T.U.Farm 8007*1 1-83-5M—Bargain i nle Deed,with Covenant against Grantor's Acts—Ind d or Corporation. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. 10lfZ,J PG 6-0 THIS INDENTURE, made the \� day of NJ�v �—� , nineteen hundred and e i ghty s i X BETWEEN LARRY C. TALBERT & ROSEMARY H. LoCASTRO, his wife, residing at: 2 Horatio Street, New York, New York 10014 party of the first part, and PAUL W. KAYSER & MARGARET KAYSER, his wife, residing at: 11+9 Stokes Avenue, Freeport, Now York 11520 REMrE 'A . SEP 11 1988 01 party of the second part, 1. 1 TRANSFER TA� WITNESSETH, that the party of the first part, in consideration of ';. SUFFOLK i, COUNTY TEN dollars, lawful money of the United States, and other lawful 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 inANX North of Village of Southold, in the Town of Southold,' County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southeasterly side of Mill Creek Drive, distant 284.91 feet easterly from the corner formed by the intersection of the southeasterly side of Mill Creek Drive with the easterly side of Meadow Lane said beginning point also being here the southwest corner of premises to be described and the northeast corner of land now or formerly of Auld intersects the southeasterly side of Mill 4 :.; ;.•w Creek Drive; RUNNING THENCE northeasterly along the southeasterly side of Mill Creek Drive along an arc of a curve bearing to the left, a distance of 59. 14 feet to land of TAXrIAP Schecter, formerly Richmond; DESIGNATION D,5t. 1000 RUNNING THENCE south 68 degrees 28 minutes east along said land 144.20 feet to the ordinary high water mark of Arshamomaque Pond; Seca 135 do RUNNING THENCE south 30 degrees 27 minutes west 107.60 feet; I3I�.c�3 O RUNNI14G THENCE south 67 degrees 19 minutes west, 30.34 feet to land now or formerly i.otc.v39 0.01 of Auld; RUNNING THENCE north 38 degrees 20 minutes west along said land, 163.0 feet to the southeasterly side of Mill Creek, the point or place of BEGINNING. The within described real property is not encumbered by a credit line mortgage. Thgether with all right title and interest of the t of Part to a samll trian lar y 6 feet Y the first bh adjoining the northeast corner described in lel as more particularly shown-.on a survey by Roderick Van TU lcel a for Larry C. Talbert and RosemaryH. Y prepared LoCastro dated 2/26/80. o � . Pc8,2 S1rATE OF'NEW YOLK. COUNTY OF SUFFOLK as: STATE OF 'PENNA. '''COUNTY OF I ;S is: On the �"kN day of �'\\3 F,�Q� 1986 , before me On the /j day of 1986 , before me personally came personall e LARRY C. TALBERT ROSEMARY H. LoCASTRO to me known to individual described in and who to me known to be the individual described in and who executed the for oing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he execut the e. She executed the same. Notary u i N. ary u ,i'G '; SUZANNE ZERRER, NOTARY�. GARY FLANNER GLSEN UPPER MAI(EFIELU T6yP., BUCP;:,;t';• Y Notary Public, 5tcto of N.,w York PAY COMMISSION EXPIRES JULY 17, 1989_.:. tJo.Qualitiod in n 5uliolk Member, Pennsylvania Association of Fl&hies lto�county C �J Commission Expires March 30, 19J�1 STATE OF NEW YORK. COUNTY OF SS: STATE OF NEW YORK,'COUNTY OF' SS: 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 he 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. jDargain anb &ale Oeeb SECTION 3 5 WITH COVENANT AGAINST GRANTOR'S ACTS TITI E NO. a � g �� 9 BLOCK 3 LOT TALBERT & LoCASTRO COUNTY OR TOWN TAX BILLING ADDRESS TO KAYSER RETURN BY MAIL TO: Ir TRANS—AMERICA ABSTRACT SERVICE INC. wafter Wagner,81 Hempstead Ave. 185 HILLSIDE AVENUE Lynnbrook, NY 11563 WI LLISTON PARK, N.Y. 11596 (516) 747-4824 Zip No. It I� W V LL LL 0 _Z 0 V W i. LL AINA00 myns J0 NU310 V113'.'HIN 311311nr a `�. i t ifs N F W a1jC::3u ad W ' % N 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 incumbered 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 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 the total 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 written. IN PRESENCE OF: LARRY C. TALBERT ROSEMAF�Y H. �CASTRO Ail :ire 1=,� •:»j�� I, TELEPHONE (516) 765-1892 BOARD OF T0NWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK FOR THE ISSUANCE OF A PERMIT PURSUANT TO THE LAWS, ORDINANCES AND REGULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS , FLOOD PLAINS AND DRAINAGE AREAS OF THE TOWN OF SOUTHOLD, AND THE ISSUANCE OF PERMITS PURSUANT TO CHAPTER 32 OF THE CODES OF THE TOWN OF SOUTHOLD . APPLICATION NO.---------o-,g-DATE OF APPLICATION IDENTITY OF APPLICANT 1�/-1 U IU(/'}�L ��pp ------ -- —j- --- S `-� PHONE NO ADDRESS OF APPLICANT--- 141LL ------------- --- - S v vr` a4� ---------- It 2 7'f TAX MAP NO•---�-���i21//� O 00-- S'-c:7 1(IV) ��j C� J� �'i9 a'cj � �j ta- j t' AGENT-----lV -i PHONE NO . —PERMIT REQUESTED TO cni $ )-P204 b o e-J./' LOCATION OF PROPERTY FOR WHICH PERMIT WANTED-/1;U -- - • -----—---- e-,'H40 Li------------------------------------- ---- ,- HOME ADDRESS OF PERMIT APPLICANT IF DIFFERENT FROM AFORESAID LOCATION .�'- ail� ---- 3 CREEK, BAY OR HARBOR FRONTING PROPERTY SIZE OF PROPOSED WORK-- ' - -------- LENGTH 3 ---------- WIDTH HEIGHT ABOVE HIGH WATER i r ra ----t------------------------------- --- ----- DEPTH BELOW LOW WATER pd/ YARDS TO BE EXCAVATED IY YARDS TO BE FILLED WIDTH OF CANAL , CREEK OR BAY FRONTING PROPERTY DEPTH AT LOW- TIDE AVERAGE RISE IN TIDE D I STANCE TO THE NEAREST CHANNEL__ --FT. --FT, _ DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN THE AREA T. IS THIS FOR PRIVATE OR BUSINESS USE?_. AREA ZONING MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED— rt/� INTENDED USE OF PROPERTY_--- it aS[�pu 4'( — DESCRIBE ANY KNOWN PRIOR OPERATIONS CONDUCTED ON THE PREMISE____ AND WHETHER ANY PRIOR LICENSE OR PERMITS HAVE BEEN ISSUED TO E STRUCTURES OR TO RRECT DREDGE OR DEPOSIT FILL ON SAID PREMISES AND WHETHER ANY PERMITS OR LICENSES WERE EVER SUSPENDED OR REVOKED. BY A GOVERNMENTAL AGENCY ------------------------------ M "-- DESCRIBE FULLY THE REHABILITATION AND PROPOSED CONDITION OF THE PREMISES AFTER THE WORK IS COMPLETED INCLUDE AN ADDITIONAL SURVEY OF ' THE PROJECT SITE IF NECESSARY ---�---------------------------------- ------------------WRITTEN CONSENT OF THE OWNER OF THE PROPERTY, IF NOT THE SAME AS THE APPLICANT--------------------------------------------------------------------- ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED THAT WOULD r PROHIBIT THIS PROJECT? 410 . 1 a QUESTIO_dNAIRE TO BE COMPLETED AND SUBDI71TTED WET11 YUUR APPLICATION! FORMS TO THE BOARD OF APPEALS Please complete; sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch) , to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes No 2.a)Are there any areas which dontain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference. ) Yes o b) Are there any areas open to a waterway without bulkhead? Yes No 3. Are there existing structures at or 'below ground level, , such as patios , foundations, etc? Yes No 4. Are there any existing or proposed fences, concrete barriers , decks, etc? Yes 5. If project is proposed for an accessory building or - structure, is total height at more than 18 feet above average ground level? State total: ft. Yes No 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total:' ' ft. Yes N4 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes No 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Yes No State Permit # and Nature: 9. Do state whether or not applications are. pending concerning these premises before any other department, or agency (State, Town, County, Village, etc. ) : Planning Board Yes Town Board Yes Town Trustees Yes County Health Department Yes Village of Greenport Yes N.Y.S.D.E.C. Yes Other Yes To _ 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes No 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes No 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have . you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes Jo 13. Please list present use or operations conducted upon the subject property at this time jp SICI, ;JC and proposed Please submit photographs for the record. I certify hat the above statements are true and are being submitted for reliance / y t Board of Appeals in considering my application. Signature (P operty Owner) Aut;`iorized Agent) 1 1/88 WETLANDS [Amended 8-26-76 by L.L. No. 2-1076, 3-2G- 85 by L.L. No. A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal watery to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps. meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh . subject to such tides and upon which grows or may ``� grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmalluw and low march cordgrass;and/or . (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (I) "Freshwater wetlands"as defined in Article 24, Ti tie 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York;and i - (2) All land immediately adjacent to a"freshwater wet- _ land,"as defined in Subsection B(1)and lying with- in seventy-five (75) feet landward of the most land- ward edge of a"freshwater wetland." a , ( 9705 Y-25-Ng M.