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Southold Town Board o£Appeals MAIN RnAD- ~TATE RnAD ~5 ~I3UTHrlLD, L.I., N,Y. 11971 ACTION OF THE ZONING BOARD OF APPEALS TELEPHONE (516) 765-1809 Appeal No. 3503 Application Dated April 28, ]986 TO: Mr. George D. Damien Jackson and Main Streets New Suffolk, NY 11956 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on November 3, ]986, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article , Section [X] Request for Confirmation of Prior ZBA Action under Appeal No. 949 rendered September 1, 1966 Application of GEORGE D. DAMIEN for a Variance requesting confirmation of Building Inspector's actions and prior Z.B.A. Decision Rendered under Appeal No. 949 of 9/1/66, recognizing two separate building lots, having insufficient area, width and depth as required by Article III, Section 100-31, Bulk Schedule of the Zoning Code. Location of Property: Corners of Jackson, Fifth and Main Streets, New Suffolk, NY; County Tax Map District 1000, Section 17, Block 9, Lot 12. ~ ~ WHEREAS, a public hearing was held and concluded on October in the Matter of the Application of GEORGE D. DAMIEN under Appeal No. 3503; 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 confirmation of actions of the Building Inspector and prior Decision of the Board of Appeals rendered under Appeal No. 949 September l, 1966, recognizing two separate building lots, having insufficient area, width and depth as required by Article III, of the Zoning Code. 2. The property in question contains a total area of 28,919 sq. ft. with frontage along the south side of Main Street of 101.22 feet, along the east side of Fifth Street of 301.67 feet, and along the north side of Jackson Street of 90.11 feet. 2, 1986 (CONTINUED ON PAGE TWO) DATED: November 3, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3503 Matter of GEORGE D. DAMIEN Decision Rendered November 3, 1986 The entire premises was conveyed as more particularly shown by deed at Liber 5911 page 167. 3. The subject premises is improved with the following structures: (a) one single-family dwelling and (b) one accessory garage, both constructed under Building Permits #3475Z and #3646Z, respectively. A final Certificate of Occupancy #Z3412 was issued for the dwelling structure on January 28, 1969. 4. On September l, 1966, action was taken concerning an application for a variance for three lots having insufficient area under Appeal No. 949 denying "...permission to divide into three separate building lots." 5. On May 5, 1967, Building Permits #3475Z and #3474Z were issued for the construction of a single-family dwelling (each). A single-family dwelling was constructed under Permit #3475Z and a final Certificate of Occupancy #Z3412 was issued on January 28, 1969. The second Building Permit #3474Z expired and no construction took place thereunder. 6. It is noted that by letter dated November 5, 1975, the Town Building Inspector advised Mr. Damien (erroneously) that "...the action of the Board of Appeals #949, Sept. 1, 1966, dividing your property on E/S Fifth St., New Suffolk, into two building lots, one with frontage on Jackson St. and the other with frontage on Main Street has not been changed or rescinded .... You still have two building lots on E/s Fifth Street as the Board set them off in 1966 .... " 7. It is also noted for the record that during November 1971, the minimum lot area requirements of the Zoning Code was increased from 12,500 sq. ft. to 40,000 sq. ft. 9. On October 27, 1980, Mr. Damien was advised by letter signed by a Town Building Inspector that the zoning requirements were increased in 1971; "...That you cannot subdivide property into lots with less than 40,000 sq. ft. in area... Therefore, you cannot get a permit to build another dwelling on your lot .... lO. By letter dated August 6, 1982, the Administrator of the Building Department advised Mr. Damien that the Board of Appeals denied his application for three lots and that approval could have been obtained if he reapplied for the two lots during that period of time since the requirements at that time was a minimum lot area of 12,500 sq. ft., (subject to Planning Board subdivision approval). ll. It is the position and understanding of the Board in reviewing and researching this matter as follows: (a) the Action taken by the Board of Appeals on September l, 1966 denied three lots having insufficient area of 9,000± sq. ft. each, as applied. (b) the minimum lot-area requirement of the Zoning Code [Article III, Section 303] in 1966 was 12,500 sq. ft. each, and new lot divisions were under the purview of the Town Planning Board [See Rules and Regulations - Town of Southold Subdivision of Land Revised August 26, 1959]; Page 3 Appeal No. 3503 Matter of GEORGE D. DAMIEN Decision Rendered November 3, 1986 (c) no application for a division into two lots was filed before the Planning Board or Board of Appeals; and to date, no approval has been recorded. (d) the issuance of Building Permit #3474Z on May 5, 1967 was erroneous; (e) no construction took place under this Permit; (f) the Building Inspector's letter of November 5, 1975 was incorrect inasmuch as the Board of Appeals did not approve two lots and applicant was advised of same at the Board of Appeals hearing on September 1, 1966; (g) approval of subdivisions the purview of the Town Planning Board zoning. have always been within since the enactment of 12. Today's minimum lot area for new lots is 80,000 sq. ft. as adopted in May 1983. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to Confirm the Appeals rendered under Appeal for the denial of three lots applied, rather than approval Prior Action of the Board of No. 949 September l, 1966, havin9 insufficient area, as of two lots of sufficient area. Vote Douglass absent.) of the Board: Ayes: Messrs. Goehringer, Grigonis, and Sawicki. (Member Doyen of Fishers Island was This resolution was duly adopted. lk ERARD P. GOEA~RINGER)/~CHAIRMAN ovember 10, 1986 J FILED BY DATE ///~ I~...'~'~ ,- Town Clerk, Town oi 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 public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall , Main Road , Southold , NY at a Regular Meeting commencing at 7*`30. `p .m. on- 7H.URSDAY ;. 'O.CTO.BER '2 ; 1 986 and as follows.:. _. 7 : 35 p .m. Appeal No . 355.9. - LEONARDUS AND MARIE. VANOUDEN- ALLEN . Variance to- the-- Zo.nTng. Or..din-ance ;: Art.i.cle III , Section - 100-.31 for permission to construct addition to --dwe-1 l i:ng with an insufficient frontyard setback,. at 230 Sailor ' s: -Larre, Cutchogue , NY ; Di strict .1000,. Secti on. .1 1 1 , 'B1 o.ck. :1--4, Lot .07. 7 :40 .p .m. Appeal. No . 3555. = .SHIRLEY 'HOMAN . Variance to the Zoning Ordinance-, Article III ,- Sectionr- 1-OOr331 for permission to construct addition to dwelling with an insufficient rearyard setback , at 160 Smith Drive , -Peconic , NY ; District 1000 , Section 98 , Block 3 , Lot 38 . - 7:45 _:p .m... . --Ap.p.e.al __N.o.. -.3.5.5.4 -._.NO_RMAN';AND -KAREN .REICH . Variance to the Zoning Ordinance , Article III , Section 100-31 for permission to construct dwelling with an insufficient rear- yard setback , at 1809 Right-of-Way off the East Side of Rocky Point Road , East Marion , NY; District 1000 , Section 31 , Block 3 , Part of Lot 10 ; Kimon and Retzos Minor Subdivision #81 , Lot #2 . 7 : 50 p .m. Appeal No . 3547 - JOSEPH AND CATHERINE RIEMER . Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule for approval of insufficient lot area , width and depth of two parcels know►i -.dnd refer-red to as Lots #96 , 97 , 98 and half of 99 at Peconic Bay Estates , Map #1124 , and identified on the County Tax Maps as District 1000 , Section 53 , Block 4 , Lot 32 . 7 : 55 p .m. Appeal No . 3503 - GEORGE D. DAMIEN. Variance requesting confirmation of Building Inspector ' s actions and prior Z. B. A. Decision Rendered under Appeal No . 949 of 9/1 %66 , recognizing two separate building lots , having insufficient area , width and depth as required by Article III , Section 100-31 , Bulk Schedulg of the Zoning Code . Location of Property : N Corners of Jackson , Fifth and Main Streets , New Suffolk , NY ; County Tax Map District 1000 , Section 17 , Block 9 , Lot 12 . Qi. N c � c� U_ _j O n C' ? � 0 O i- Z Fy- O ca Z O N Page 2 - Notice of Hearings Regular Meeting - October 2 , 1986 Southold Town Board of Appeals 8 : 00 p .m. Appeal No . 3484 - PHILIP AND ELLEN BELLOMO . Variance to the Zoning Ordinance , Article XI , Section 100-119. 2 (C ) for permission to construct addition at rear of dwelling with an insufficient setback from wetlands along Great Pond , at 7455 Soundview Avenue , Southold , NY ; County. Tax Map District 1000 , Section 59 , Block 6 , Lot- 8 : 8 : 05 p .m. Appeal No . 3552 = JOHN 'SENKO . Variance to the Zoning Ordinance , Article V-II , Secti-on 100-7.0 , and article VI , Section 100-62 (B) , for permission to establish shopping center use in this " B-l " Gener-al Business Zoning District-with insufficient lot area at 49295 Main Road (a/k/a Ackerly Pond Lane ) , Southold , NY ; County Tax Map District 1000 , Section 70 , Block 07 , Lot- 01 , containing 30 ,084± sq . ft . 8 : 10 p.m. Appeal No . 3553 = EUGENE BOZZO . Variances to the' Zoning Ordinance , Articles : 0 ) XI , Section 100-119. 2 for permission to construct dwelling with an insufficient setback from wetlands/tidal water along Great Peconic Bay ; (2 ) III , Section 100-32 to relocate accessory garage b-uildi-ng in the frontyard area ; (3 ) III , Section 100-' 31 ; Bulk Schedule , to construct with lot coverage of all structures - in excess of maximum-permitted 20 percent . - Location of Property : South Side of Camp Mineola Road , Mattituck ; County -Tax Map District 1000 , Section 123 , Block 6 , Lot 27 . 8 : 15 p .m. Appeal No . 3557 - ROBERT EGAN . Variances to the Zoning Ordinance ; Articles : (1 ) III , Section 100-31 to reconstruct dwelling with insufficient total sideyards , insufficient (northwesterly ) side yard , and insufficient front -yard ; (2 ) XI , Section 100-.119. 2 (B ) for permission to construct addition and reconstruct dwelling within 75 feet of tidal wetlands along Spring Pond , - Orient Harbor . Location of Property : 330 .Knoll Circle , East Marion , NY; "Map of Section Two - Gardiners Bay Estates , " Subdivision Lots 27 and part of 28 ; County Tax Map District 1000 , Section 37 , Block 5 , Lot 12 . J L.fJ Q. N -J C.- r� U L4 z : N Page 3 - Notice of Hearings Regular Meeting - October 2 , 1986 Southold Town Board of Appeals 8 : 25 p .m. Appl . No . 3487-SE - CHURCH OF THE OPEN DOOR. Special Exception to the Zoning Ordinance , Article III , Section 100-3O (B) [2] for permission to construct and establish House of Worship with related religious activities on a five-acre tract of land referred to as Lot #3 , Minor Subdivision. of Salvatore Catapa,no., which rece.ived' Sketch-Plan. Approval 4/14/86 by the Towne Planning Board. Location --of Property: - West Side -of Main Bayview Road , Southold , NY ; County. Tax Map District 1000 , Section 69 , Block 6 , Part- of Lots 8-and 2 .- (Current -Owners : S . and J . Catapano ) . 8 : 45 p .m. Appeal No . 3560 - EDMUND AND JOAN PRESSLER . Appeal from Building Inspector Notice of Disapproval- dated 1 /2/86 and ZBA Action #3463 dated 5/6/86 , and Variance to the Zoning Ordinance , Article VII , Section 100-71 , Bulk Schedule and Article VII , Section 100-7O (A) [1 ] (d ) for permission - to estab- lish a second retail/business use in conjunction with existing nonconforming two-family dwelling and antique-sales business use on this parcel of 68 , 912 -sq . ft . in area and - 95 . 44 ft . lot width . Location of Property : "B-l " General Business Zoni ng Di str-i ct , North Si de of Ma-i-n Road , Southol-d , -NY-; County Tax Map Parcel No . 1000-63-3-26 . The Board of Appeals will hear at said time and place al persons or repres.entat.ive_s desiring to be heard in each _of the above hearings . Written comments may also be submitted prior to the conclusion of the subject hearing . For more information , please call 765-.1809 . Dated : September 11 , 1986 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRI-NGER, CHAIRMAN Linda Kowalski , Board Secretary -------------------------------------------------------------------x ATTENTION NEWSPAPERS : P_lea_se publis_h_ THURSDAY , SEPTEMBER 25 , 1986 and forward affidavits of publication bn . or before Sept . 3Oth to : Board of Appeals , Main. . Road , Southold , NY 11971 . -------------------------------------------------------------------x . a CL L.J a. N lL _ 0c; � . y t , C. l) `�•� W Z c c N r FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . . . . . . ! . . . . ., 19 ,� To G . . . . . . . . . . . .1. aw.. . . . . . . . . . . . . . . . . . . 1� . . . :�. . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . . �. . . . . . . .. 19 .-d.,. for permit to S a.P- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at Location of Property �.-. .-�`'!^ -1� - . . . . . . . . . . . . . . . . . . . . House No. Street q �� Hamlet County Tax Map No. 1000 Section . . . .�! . . . . . . Block . . . . . ./. . . . . . . . Lot 4 . . . .. . . . . Subdivision . . . . . . . Filed Map No. . . . . . . . . . . (��JLLot No. . . : . . . . . . . . . . . . . is returned herewith and disapproved on the following ounds . . .`L. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .0. . . . . . . . . . . . . . . . . . . . . . . . . . cZ :: . . . . . .' �� . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � Building* Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 3-S-D3 DATE .......�.. .. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) George D. Damien of ....Jackson and Fifth Streets ........................................................................ Name of Appellant Street and Number ' New Suffolk (Town of Southold) N.Y. 11956 ...HEREBY APPEAL TO . ... ............................................. ................................... ......................... Municipal ity State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ,ON APPLICATION FOR PERMIT NO. .................................... DATED ....J41yJs.sX9$§'. ....................... WHEREBY THE BUILDING INSPECTOR DENIED TO George D. Damien ............................................. Name of Applicant for permit of Jgs? ..dc..5ti#�..At.*.... .WQur.S.uf 4�.ks.�[RX n..7,],9�......................................... Street and Number Municipality State Cx) PERMIT TO USE ( x) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTYF�, ..&..1 > .. t�C'e.9.t�... ..�[Aw„Suffolk, NsY. 11956 Street Use ..District on Zoning Mop Tax Map No 1000,Section 117, Bloak 9; Lot p/o 12 Mop 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.) Article I, Section 106-20•Sub-Divisions by Authority of the Planning Board, 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 (§tote of New York Town Law Chap. 62 .Cons. .Laws fart.,•l 6 See. 28.OA Subsection,.3, Aprevious ap aal' was made 49;8ept.1, 66 dividing my property' into two. Jots. 4.". PREVIOUS-APPEAL A previous appeal (has) 00 been-made 9tGci�c ;]Aicx with respect,to this property. Such appeal-was ( .: ),request"for a,special permit . - (� ) request for a variance ' and was lnade- in Appeal'`N6. .9.0. Dated ...Ssptawi�ax� �9�5. Article 'III,"Section 303' - "A" size of -lot was 12,500 square feet.. I have 28,500 sgefeet. REASON FOR APPEAL 'was that my 'neighbors•Acker and Fudjinski'.ha7e4 buildings on Variance to'Section 280A Subsection 1. the same square fooiage.P]ease see my petition. f x) A Vctrignce to the Zoning Ordinance • . " ' is requested for the reason that the present Executive Administrator,Mrs Victor Lessard does not want to recognize the validity of the letters sent to me by the previous. Building'- Inspector, Mr. Howard Terry, who, after my hearing on Septt;„4;966, told me that I have nothing to do and NO APPLICATION' TO MAKE because my "right'�o have TNfO lots was WITHIN he exist g law.14 And in the letter he sent me Novo 5,1&75 he emphasi.zed and I quotes "The action of the .Board of Appeals #949,Sept.1,19664 -dividirig .your property on E/S 5th St.,New Suffolk, into two building lots, one with frontage on Jackson Ste and the other Form zBi o inue on other si o�e) - with frontage on Main Ste has no , been changed re.soinded. You still have two building lots on E/S Fifth Street as the Board set them off in -1966:" Please see my petition. 1, .. REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or.unneces- sary HARDSHIP because . t 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 Point two (2.) is true and applicable to'my case. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE .DISTRICT because my request is legally based and motivated by the fact that in 1966 I had the indisputable right to have two lots in accordance with Article III, Section 303-"A" SIZE OF LOT of the Zoning Ordinance of 1966, which stipulated: 11In the "A" Resident ial, an� Agricultural District, no building shall be erected on a lot .having an area of less than twelve thousand five hundred (12,500) square feet. and a frontage of less than one hundred (100) feet." Mr•Viotor Lessard claims that I did not "apply" to the Board of Appeals to have two lots. This is NOT TRUE. I happened to be a Doctor of Laws although I'do not practice law: 'The'-"Building Zone Ordinance"of May 24819668 which I studied very oarefully;does not 'oontain any Section of Article VIII stipulating the procedure to be followed by a Petitioner after a hearing. That is why, I went .to see the Building 'Inspeotor of that time, Mr. Howard Terry. I.asked him�wit4t 1-was. supposed to do in order to get the official permission to Have two building lots, since my property is - 300 feet by 100 feet minus10 feet on the side of .wy.neighbor Acker. Mrs terry's answer was that I do not-have.'to'file any application, since I have the Yega1 right to have two,. but not_ three. lots. as I requested,and that the Board of Appeals did confirm my right to have two lots on my property. Therefore, according to him, I had nothing to do but simply to ask for two STATE OFF ) Permits, which he gave me./T19 ase read my petitions f'c.v,eA 4- ) ss ............... . � .... . . .. . ........ COUt4TY- OF Signature _ p Sworn to this. _ l l ;r,.'.. dQy of.......... ° ..:19 'Q ......... . .�—;. .. 1 Nefary Public NOTARY PHLIC,;State of Florida tv;Y G:7-117f;S1011 2xpims ApW 25, 1988 f '�"� • � t TOWN ®F ®4�1i'H®L® --9®PERTY RECORD CAR® _ OWNER STREET VILLAGE DISTRICT SUB. LOT - bej4'..! FORMEI OWNER- N Ems- ACREAGE S ;�j W -fir , , c� • TYPE OF BUILDING �� '.36 i��ot d-►-c ali lea a-.a pole �' `�•�FE r� J e / i - - I RES.21 SEAS. . VL. / FARM COMM. I IND. I CB. I MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS /Z r�' �v ,0 () . Aa _��P' 6�_/ ' " a 37d �7 a� �. s: 3 V6 � �'S'2s7 E .C`;' /G oab - /S'Q , v"Idnew Gti�".ae i 4e j - AGE BUILDING CONDITION li -NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Cero ;.v Farm Acre Value Per Acre Value FRONTAGE ON ROAD3oO Tillable 1 BULKHEAD os'o Tillable 2 DOCK i Tillable, 3 I Woodland Swampland Brushland v / ` House Plot C Total t - I ( i M. Bldg. :� i ! n ! d U Xundation Cef �Ifs Bath �, Extension Basement i Floors r 1� I / Extension ! Ext. Walls v' -' Interior Finish `� r v�•j vc. t cue. ell Extension j I Fire Place 15 Heat Porch ! Roof Type ! j Porch Rooms 1 st Floor Breezeway i Patio Rooms 2nd Floor Garage. Driveway i Dormer i O. B. ! I � I - 1 I 1 1 I 1 r illAf Q 6TE26- 2T 5. 85'44'3Q"�. — f0t.22 4 l i . r a i { 1+17 J N IL 'r 0 j i Q ; L 1 Z v i0 � f• LL !n { I , U) 11.16 , N.85'42'30"W. { q � } z { . LL Q Q d A P OF LAND SURVEYED 1=09Z , r G E 0 E D. & M A 2CF, D D A M EF, Flo AT M ,V S UFFOUK � UnmohoAr-A alteration?r sCtlitirtlD N E w Y0P-V, to this survey is a violation of Section 32CC"of th®New Ycdk Steto S i Education!.Farr. i I ; copiae cf this curvcy M,-P not EearlM -* 'he bred curvirlor's ire cd tz-�9 er emhccs,ed sectl chnil not ko oonW*r9J I to h:a,1 valid trw copj. �� 4�s { Guar anteet:indic�.tad hereon shall run S C y L E • 3( 8 only to the person for whom tho surrey is nrcpured,and on hh b*half to ttra Ur _ CVO O N U M E M T r I tit)e company,povernmontM njnncy m2 1 l l6ndir.g institaatinn listed hereon and Tr}-1—iA,L A2E.�': ZS (9 _5,F. . a _..... - - — — to th r ssslano is of the funding r insti- tution.Gu�rantas are not transfer p I to; 'tinma!institution..&or suu§�fianf.a P C 3 S L 0 Div) $ 1 0 1'.'� A 0 G.-f J A C V SO'M ST GZE;ET ��Df NSW Y GOAP-ANTE1rDy TO THE SI~CU(-L-1 Y TITL1v AND i v o GUA12ANTY COMPANY ANO THE N0 2TH ti`,OCZV 6 N4 AND '`rP-L)ST COMPANY } ,• SUCZVEYED ALIG. 17, !96rr VAN T Y L, & SON LAND`' F�o 4..,K- n rs t.i-f-Y 7091:t ' yf" ,w 1000 t 6 9 4 � G fG�F`�S 1��'�1�'1', oS�FFait o Gy u h® d Town Board ®f Appeals rag Sa 1 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 December 29 , 1986 Mr . George D. Damien 4015.:.West Fairview Heights Ave . Tampa , Florida 33616 Re : Appeal No . 3581 (Area- -Variances ) Dear Mr. Damien : This letter should help to clarify our communications to you dated December_ 2 , 1986. The December 2nd letter is our form letter used to keep you advised of the status of your newly filed application . The letter indicated that Article 6 action is necessary from the Suffolk County Department of Health Services (in accordance with their letter addressed to you 9/9/86 which was forwarded to our office November 24 , 1986 by the County ) . The Board of Appeals has not authorized or directed any advertisement of your new application for a public hearing at this. time . It is our und.erstanding of the 9/9/86 County Health letter that you may proceed with an Article 6 application on the division of your property , particularly since the 1966 status of your property has been clarified. Our file includes correspondence from the Planning Board and the County Health Department . We do not feel you need any additional application to the Planning Board as misunder- stood . It is only by resolution of the Board of Appeals to set the calendar of hearings , and the Town is not permitted to waive the Article 6 Requirement of the County . Please send all future communications addressed to the Board directly and keep us advised as to the status of the County Article 6 application for our file . Yours very truly , GERARD P . GOEHRINGER ..CHAIRMAN NTY OF SUFFOLK FOR ATTENTION OF .. . .. ............ 41 AT !�.!T ......... . FROM PETER F. COHALAN / / �' �;G IFFOLK COUNTY EXECUTIVE SCIN FORM 81 (2/77)! 56-151: /n/ D�J!A/V�IJD HARRIS,M.D..M.P.H. ,/!Q. ///?LIA -J`� COMMISSIONER September 9, 1986 George D. 1 hmien P.O. Box 626 Jackson Street New Suffolk, N.Y. 11956 RE: Damien Development Sub.# 734A Dear Mr. Damien: This is to confirm our conversation concerning the above referenced subdivision. :Following discussions with the County Attorney's office and correspondence with the Town of Southold, it does not appear that your property is exempt from the Suffolk County Sanitary ,Code Requirements for Realty Developments. In order to develop the property as two parcels, it will be necessary that you complete the realty development application for processing with this Department. Please refer to the enclosed correspondence which I believe is self- explanatory. Very truly yours, Royal R. Reynolds, P.E. Sr. Public Health Engineer Wastewater Management Section RRR:ljr enclosure J 548-3312 COUNT CENTER RIVER- SAD.N.Y. 11901 jl Lr) Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 I APPEALS BOARD MEMBERS GERARD P.GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR.I SERGE DOYEN;7R. R08ERT J. DOUGLASS JOSEPH H.SAWICKI November 12 , 1986, Mr:~Royal I R. Reynolds , P.. E. Sr '- Public Health Engineer ._ Wastewater Management. Section Suffolk County Health Department County Center._ :Riverhead;, NY 11901 '- Re : Damien , George D. Property at New Suffolk SCTMI #1-000-11,7-9-12 a` Dear Mr . ;Reynolds : 1 Transmitted herewith for your records is a copy of a recentiaction taken by the Board of Appeals under ._ Appeal No` . 3503 , confirming the prior action under Appeal No .. 949 iin the denial, of three lots as applied during . 1 966 . Your August 12 , 1986 letter to the Town Clerk was forwarded to , our office . Please forward to us a copy of your determination concerning Article 6 status . Thank you for your assistance . j Yours very truly , GERARD P . GOEHRINGER G AIRMAN I �oJ y Linda Kowalski Enclosure ' I I i — �� F01jr�, 1 Southold Town Board� of Appeals �t;✓� �� MAIN ROAD - STATE ROAD 25 SOLITHOLD,�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 November 10 , 1986 r` Mr . George D. Damien Jackson and Main Streets }New Suffolk , NY 11956 Re : Appeal No . 3503 Dear Mr . Damien : Transmitted herewith for your records is a copy of the recent finding-s- and determination rendered in the above. matter . . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to : Town Planning Board Town Building Department County Health Department NOTES FOR THE RECORD: Planning Board application not received - no action taken prior to 1986 . Application for set-off is pending (incomplete ) as of 5/27/87 . 1966 ZBA Action denied three lots less than 12 ,500 sq . ft. and less than required road frontage_ (Requirement at that time- was far 1-2 ,500 per lot , plus Planning Board subdivision approvaT . ) 1986 ZBA Action confirmed denial of three lots and did not recognize action as an alternative to directly approve two Tots . (Two lots d"id. not require variances - PTanning 'Board dfd have jurisdiction. Applicant indicates . that Howard Terry assured him pf two lots and, that he did not have to go to Planning Board in ' 60s or ' 70s . ) . 1987 ZBA File is. pending at this time for area , width and depth variances . Await completion of application for processing with County Health under requirements of Article VI for subdivisions . County Health did not waive to date (based on 1986 . ZBA confirmation that ZBA denial of three .lots did not constitute automatic approval for two ) . .Building Permit #3474Z for new house had expired and no construction took place . Building Permit #3475Z for new house allowed construction of one house--CO #Z3412 was issued 1 /28/69 for new house and accessory garage . Building Permit #3646Z allowed accessory garage construction . November 23 , 1971 - Town changed to one-acre zoning, (from 4 acre ) _ County, changed from half-acre to one-acre subsequently. October 27 , 1980 - Letter from Building Inspector George Fisher confirming the above position and advising of necessity for area variances since lots ___ proposed are less than 40 ,000 sq . ft. , etc. Town records- show no change by applicant in deeds or other conveyance . during ownership since the ' 60s . County Tax Map shows as one combined parcel . 5/27/87 r' F oil( T Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS October 2 , 1986 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR; SERGE DOYEN, JR. S.E.Q.R.A. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3503 PROJECT NAME: GEORGE D . DAMIEN -- This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article. 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar. project. TYPE OF ACTION: . [.'.] Type II [ X) Unlisted [ ) DESCRIPTION OF ACTION: Confirmation of prior actions by B . I . and Appeal No. 949 of 9/l/66, recognizing two separate building lots, having insufficient area, width and depth. Corners. of Jackson, Fifth and Main ..Streets, New Suffolk. LOCATION OF PROJECT: Town of Southold, County of Suffolk; ore particularly known as: Corners of Jackson , Fifth and Main Stree-Es , New Suffolk , NY . - 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, not directly related to new construc tion . 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. D Y Southold, N.Y. 11971 (516) 765-1938 October 7, 1986 Mr. George Damien P.O. Box 626 New Suffolk, NY 11956 Re: Set-off for Damien at New Suffolk Dear Mr. Damien: The following action was taken by the Southold Town Planning Board, Monday, October 6, 1986. RESOLVED that the Southold Town Planning Board refer the following comment to the Board of Appeals with regard to the proposal for Mr. George Damien to set off 12, 663 square feet from 28, 919 square feet at New Suffolk: 1. This proposal is not in conformance with the two acre zoning, therefore, the Planning Board cannot endorse it. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Board of Appeals 0 Gy Southold Town Board of Appeals MAIN ROAD - STATE ROAD "25 SOUTHOLD, L.1., 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 : Town Clerk ' s. Office FROM: Board of Appeals DATE : August 14 , 1986 SUBJECT : Your Memorandum of August 14th -Health Department Inquiry of August 12 , 1986 Please find attached copies of the verbatim hearing transcript of September 1 , 1966 under Appeal .No . 949 together with the ZBA action denying permission to divide property into three separate lots . Also attached are letters to Mr . Damien dated October 15 ,. 1965 and May 31 , 1966 from Building Inspector Howard Terry. It should be noted that by disapproval dated July 16 ,. 1985 , Building Inspector. Victor- Lessard disapproved Mr . Dami-en ' s application for a .second dwe.1.1 i'ng , and two separate lots , due : to insufficient lot area ,—wi-dth and depth- and requiring Planning Board subdivision approval since nb record has been found of such approval to date . Also attached is communications dated August 6 , 1982 from the Building Department explaining the.ir position . lk a. All 819m chall be grant a4 fans +cm.. (1) ymm, renewable' annwair up= waratm magication to the mmW at appeals- 9. Alb gp$gm amll be nu W ect ;tom any submnuont change® In the ewthold Town Duiding Z=9 4ardisxm= as It a+,pplIes to-, ash. © 3. All alb shall ba located at loast 91ve (5) feet from sAY atRt aa� ssty 1 ice. 4. All signe shall be located at least three 13) feet aDxwvo qeJ lal. V*tA Of the di AY860— Mr. G1111spioo Mr. Moo, fezo GrLga n o t&, m dldn't ants on t1to abom aylplicatio n becaug 0 09 a Cant1Lt of Antemat. pjVM a Appeal,No. 949. Os 30 V.ti. (Z.V.G.T. I. Ltr:+c n a"IloatUm a P. D=1m__A 924 «met End Avenue, Vww York City, !mow . tm a vase in accoedm= with the Zoning db: • Acticle 113* GectAm 303, for pascczuion to dlv 1ft bmapmt f =4 cOst rust a dwellbg %Jit)o inoutficiaat area. LacatIm of ixqpertys Main Gitmat,' Jeftao n Stracatt, Fifth etao, Now byhcker— VUWjAdjL,g eaut h by Jacks 8treeto weatby :V1:9t h 0twoot. fte bud so,009 tCh OPM84 the heairInij by read2ng the application s a vasUmce, logal noti¢* as hea sL ag, affidmit atta3ti m3 to it® pjhILmtfta In than oftgniml mwop pars and tact iro to the l#►c�t. TM CHAMMs aq the .any+ono ps'omerat who wLehea to.-ate ass 4ra� a�lttil�� . Ohwa was no sOopcnae®) 90 COMMMM t tall ght day that t1iU Lot is ISO foot by 100 !a® .au0 b50 ftat by 90 fecto 2here lac .ea 10 foot Jaq in aterao fte whol.a lot 19 300 fact b 80 fagot on om and =4 100 fact at the oar card. m1n1m= morning reams rat for a buildLng lot un aar tho Zonin Ordinance in 13.500 square Lleato LOU fimot of ftanteiges � &t he As plowing to do here La Cmdtsua~t t3aa C 600lliwge where mly to diall1raga rite pormAttode Mors hart Ay given Is the cheractsr ag the m ighbo d. The Zcml n*rj Ordi daaeg not itself to mxha what alrorady ex&M, M. VAMMQ Yea. CHUMMS Do you havo ansythlrig- to add to the aVj)1LaaatJ.on7 Mo DANMIAs I am QUIC1�'a41 to bULIQ 4hMe buit(UnrP,, I wUlk, too bulld a house fm myself and one .for, a ar% o& my chi.ldron. A zvy caly build am housoa butt I want to k'avo Wrr LCULon to build, I maky never build tthttaees tioLaeo . I dixi't have ia-to mearw to Ipalld throe house. S W&nt to 1p UW0 t130 r1j'Alt J70W.any a:Bzlle'rUn tea bAld houcea It they wa nt tag. The emUstiv'aq char dor of the nelohbarht od wAll not be changed. 21M CHAIMIAN'a as thoro sany=* o1oa present who wlohaa to nit 9r this apPlIc at s (Otero was no response®. ) 2113 CHAIBtRMs We are not abler to corroot what has alroady happowde Giro Vemlen., when city you buy the 1vC9pc'rty $11 question MR* DIV41=1 In the bt39="rj of the wa=. THE CHAVA'aaTs 7Chore is W) hcardoaz ip involved hero that is legal* Ste tact that thy+ ourzoundIng vialghboxiiac4 la the -way It Leo two nothkQ to coo with the oppl"- t Lon. You bou,�i t tho testy stt= the =1:w. ordltaaaaCa went Anto .egged. You canO t quote thews bangtt xesse na as a legal harO Atip. In at it-r words, a lot that Is too ®Mardi :C(,)r threo houcae a 90 no taar,:WYiip. 14R. MWMs I juut want to Unaure a plac:c) for ray' fa-mill to lives r W-M CIIAINVUI: You could bulld two 11OU000 therra. ��-,A amld have to hmo 95 Co®v eettbaa ErrAn b`MEW v'txaot ea-ad JaC::3cvoil otrect. At thin 'tom is there anyone prou nt who wishes- to vLrca-k against this a .ScmtAon7 Mr® Itudefts a ?have on Jackoon Street. Y Mould XJ.w to 9010ti out to Mrs Damien t 1lat .ceAep00A3 housa arc wAtthin 10 feet of thMa well.- Itr. You:..-j.atat: three z=ro house lit there you will be C0nt10a1LMt1b0 Uza drinhivTj Wait o r. TILE CHA.'C&8I-$WIS za there anyone aicap'? hn soutwd Town load dS Appeale --12.- Septwvbex a, IM m a Ono tit tillng that Mr. "fin lmwt vamp+, that OnOm the cm At wu]ld bs that lie wmld dispose of this propwty within ® nth cc withln a y+ . We VOU14 have no cmtroll over whet wmid be put on the lots. To say 8t would not ciiange the chasecter oS the eursound Bares 11) not tram. You would really hwo tbaes gm ezd lots In tlaaat .area. ., RAKMS my walls would be. an the aid* oR Filth St eat® thq 0"gpool an the cater of Jacks= gtxeat-,, E kid hub® to tIM to M. ACker and see %4r® i© w011 10- Un a A coning. use goes with lead. What you �y yam,roi,lb do with the proporty really 4008 anOt UMt tQr.: D o Me.a S don°t p po to direct threats to W a . o but even if the .lot clan two lots, the augeolk county ltth Devartgant3aq requites 20o o00 Square feet gor each lot. fm CU&IRHMS Wo would:not deny hurts Iota. . a. ACIM t. If we have zoning 1&4a,. why chovldn It it hs 1d7 TUR CPA nWO& Thmt Is :why we area har6:4 "b ota aalre cratdy b"dahips and darla n+ces have t, W ntade to tl-io Zor inci Ordina e. is them angone else. Gam. t1 r Yam suryeJaed OILS e�p° ra tt9 Aar d, i unftrcataand the 0rellsaaunceo a ozdin j to this boectc.ion 3 x hevan perlewicn Co bulld t"Q hauSe- Fiala pooZ.aXG arc EAO.5in'J even thla, b hwe bin c aeaing for molly yavara to liovr u f folic. i .Would like to build this place. TkM CHAMMS You would -have to apply. aai;,ain to div-14.9 t11 g,3 propexty iantt0 ttwo lotoo la t hera any-one also p went, vyho wichera to speak 01thhe r Sm cm abbot this ®pplicetIon t was no rein m.) . ' l�Old � _ _ Rgd ®� t1�7��t�.GJ -1�- Ri�9��4,�i�t+'�Y �• Ilc3�� i After immatigmtim and I nspectim t)JU Ya fin"13 that the appe1 last taql,3est p=mA43 Lon tm `(JiV 2dQ preQrMrty jXAt D' Leo m®pmaato builftmg lots, ao Vimt a rmo sapa ratm IWallInge way be built Go= tWo in the future. II aft—e og the yrepartyin guest1w Is 100 feat by 90 feet. The arty bau ftontage on dime exintrin-9 pubLic otrroat.s. '31ho aWallant clatma haabh1p in view of Uijo fact Oxit the aurxa mdin--) =ea. to buUt up with many Daown cmb ormlll pavicelo o2 la3nJ.. Haosvers all therse diallkwo LMAIhm exletod Prinz to t.140 emm-t-• mantt of the zoning Ordinance. mnd can' not Sao rm a cd.a lm—ad. a legal hardship by Uua ivpoblant. 'Alto red :al o p©intea out that th$va &,calling® on this property vtould create as pxc W-r� ,m with tho Suffolk County >r'r alth Dopau'unit$ in rogarde to eho WOUS 6lLat�, Q�t�89 �1�0 Thd `mod 91ndaa that mt let urn-Alcatlon of the e' rdie:rsnco will not pavaice practical 41691cult is a or unnuevo starry rjmac d..,2Ih 1py tho hesdot ip croated Is iaot u ntlqua and would W- cabare l by all DavVerttes alike in the &=edlate vicinAty 02 ttaia property rfiyf and In the a&m* use d Latrilct r and tho vaxrimice doea not ��a ve the sytrr9,t of the oxdtinrance and will cha27ijo, ; the chareiI of tho dletricto On !notion by @4ro 0111trrpl©, mx,eaza,�ed by Viz. Milse , i,: r ' R13SOLVED that Goo rge Do !),mimlon.. 924 1#,Out YV.nd Pvevmc, Hew York City, Now York, , d aniodl j-)oxt'1V ion tb e`1WIILuQ j?-MjX'- ;Ly Lmto. thme lc ac~,r:t:?�Ct !crc estca�i c�:n 1']i�!$;�! •` C'Ot, Jackeon >txeot• Fifth :ztroc to- r..•7C:d CIuffolk., GrG -'d Yor"%-a boundod nova by Main Strcct.'i caiA, b v ;:.?i by Jactan Streate weat by rlftlt Ot.rcet.. Vote of Uto F=rds Ayovs:- Mr. t's,!li��-uE)$as, :'*�.. 8,"ext:it:' p 4.r. UU19ao Mr. Geri. olitas m tib � 00 lion Bay 14ro Gd.lbgapI- q.. ratty tWJ )Yj f-Zx. be-r-jen, It RESMVE9 tarot the c 2auted oi' U10 :xmlaiold 'rmen 1;0arr'4 of Appiulm dated Aught 10# 1966o I-Re appravod na sulmIt.Utd. Vote off Ua Soaar do Ayers- A4 , G111 0pla, Mr, Corr y"aan, Mr, Hulsey Mr. 9x1gc Aa. ! � I Mur TEL. 765,1802 0�0 OG TOWN OF SOUTHOLD �c OFFICE OF BUILDING INSPECTOR a T P.O. BOX 728 0 TOWN HALL SOUTHOLD, N.Y. 11971 • 6 August 1982 I I Mr. George Damien Fifth Street New Suffolk, NY J Dear Sir; • This is in reference to our .repeated convers.ationsipertaining to your,,property or. Fifth Street, Jackson and Main' Street. In September 1966 at G. Zoning Board of Appeals , you made an � appli- cation for a variance to divide your property into three ' (3) lots and this was denied. Mentioned •in the minutes, of that hearing, the chairman stated they would not deny you dividing your property into two lots .but that you wou ve to apply o so r=iirements the time was 20to d 0 . never did =IY In 1975, Mr. d Terry misinter reted'.the minutes of 1966, and informed ;ou that you is a ui a e lot. He also gave . you applications fft. yo failed r a Building Permt. Even though his deci- sion was in eiror, to a ton his decision to im rove your prope'�r y`—to`t his presen ay, or his decision.'wou ve been binding. Since no action was .taken, on your part, to act, and the zonint. req;uirements today require 40,000 sq. ft. , I have no choice but to jnform you that according to the Town Code, you have only one (.1j•• buildable lot. You still have the right to . apply to the • Planning Board for a division of your property, if You so desire.: Hoping this, clears up the status of .your property, I remain. * - Sincerely '.yours �. Victor Lessard Executive Adminiistrator f i I � TEL. 765-2G60 oJ` TOWN OF SOUTHOLD r n OFFICE OF BUILDING INSPECTOR pl O� TOWN CLERK'S OFFICE SOUTHOLD, N. Y. 11971 I Nov. 5 1975' Er George Damien Jackson St " New Suffolk, 1:.Y. Dear .Sir; I F In reply to your inquiry,. please be advised: _Tb action the board off'. 1,n eals - - � � t 1 1 66 dividing your Dropert �r on E i , i •ew u o , 'nto i,io uilain o s one with (rota .e or. J• c son a he with _r ,a�e on .a in rc:et has r,o � been change Or rescinde . You still. have w buildinglots on VS Tifth Stree f s they Bo-rd set then off in 196 . ..�..� Yours truly ¢ Building Mnspecfor Encl: ' .r t:. yw. i " 11 pi p i al I EL. SOUTHOLD S-2660 TOWN OF SOUTHE3LE) (OFFICE OF BUILDING INSPECTOR o� TOWN CLERK'S OFFICE SOUTHOLD. N. Y. October 1 15, 1965 I • Mr. George D. Damien �. 924 West End Ave New , York,, N.Y. j Dear 'Sir; `', `, the property in New Suffolk. which .you inquired about, I would assume is on the east side of fifth St (Neva `'�uffolk Lane). between Main &.;•Jackson St. If this is so there should be area and frontage enough to build two se er. ate dwelli Ps on this ar. cel - a survey will be necessary o determine this and to proper Ty locate the proposed , dwel lings. I am enclosing app lication forms for the wo b uild.ings; permit fetes are, $10. each. Water supply and sewerage disposal are by permit from the County health Dept, County Center, Riverhead , L. I. If you have any further specific questions p1base feel f ee to contact me about them. Yours truly Building Inspector 4 . i `I I • f,� ����R ,_C EL. SOUTHDLD 5-2660 c TOWN OF S13UTH13LD OFFICE OF BUILDING INSPECTOR TOWN CLERK'S OFFICE � SOUTHOLD, N. Y. 2 , CMaY1, 1966 � Mr. George Damien 924 West End Ave New York, N.Y 10025 � I .Dear Sir; i -Thank you for ,your letter of May 26th. I have looked over the sketch submitted by your architect- entitled "scheme A2 and compared it with the Town map of the same 'lot. There. is not frontage and area enough for three dle� lings. The lot will _accomodate only two one family dwellings. In reply to the questions posed by your architect, I submit ; :- I 1. We , do not now require a prelinary survey with the applicat.�on, , I J'.-do require a "final survey" before issuing a certificate of ! i occupancy. i 2. The health Dept requires accurate location of wells land cesspools on the adjoining property before they will issuea permit to install a well or cesspools. This must be obtained from tho adjacent property owners, we do not maintain suc� recor s.3. .We` expect to adopt the New York Statbuil.ding code in the nar future so any components would have to meet the code if �in 'effect at the time of construction, otherwise no objection. 4. Any footing should be at l9ast. 3011 below grads as a frost ;precaution. 5. The setback on Jackson St and on Main.: St would be in line Urith, the other houses or deeper. On 5th St a minimum of 35ft 'setback, side yard minimum loft, and rear yard 25 ft, heigth 35- ft. � I Trusting this will be helpful to you and your architect Yours truly 1 � I I 1 1 Building Inspector i _.,.............,_____.. ..._._................._._._....__ ___..._... 1� I SOUTHOLD,5-2660 c TOWN OF SOU`E'HOLD I OFFICE OF BUILDING INSPECTOR DOWN CLERK'S OFFICE SOUTHOLD. N. Y. I I September 20,; 1966 ' f Mr. George Damien 924 West End Ave New York, N.Y. Dear Sir; I have just returned to work and am piled Yiigh with. work that 'hs� . collected while I was Sick.. In as much as the Board has turned down your application and plot plan that was submitted and ruled that onl two !houses� can' be built oa.yQur to I will issue ermit r wo ne family we �n s upon submiss on of a proper plot pan r each. I am holding your check of $10.00 a fee for one building,, so as soon as I receive corrected plot plan I will issue the permit for one dwelling. the second dwelling permit will be issued ;upo'n receipt of a correct plot p an a ee. Enclosed are new anolicatLon forms for the two dwellin s as soon -as I receive.. the correct plot plans on t-bese I wig isslue the permit so you can get statrted building. I Yours truly Building Inspector. I j I I I TEL. 765-I2660 r�l iTOWN OF SOUTHOLD :c ,T OFFICE OF BUILDING INSPECTOR ® TOWN CLERK'S OFFICE �O,l JiL `�►� _. . .. _ SOUTHOLD, N. Y. + / May 6, 1968 I Mr. George .Damien 924 :Jest End Ave New York, N.Y. Deaqt Sir; i Your .letter of May 1st' with. $ 2. 50 check received. Your wo house uermit 4 4Z & 47 were issued I�:ay 5, j 1967 and expi ee yes .eraay. The fee o renew these. is S 5.00 .each or total .of S 10.00. ,0 The $ 2.50 check would cover the newal of the garage per. issued Sept 26 1967' and has not yet exnlre I will hold the h ren ne dine t e receipt of the proper fee ( eac or renewa . Yours truly i Building Inspector. I I t 1 J 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 August 14, 1986. To: Planning Board Board of Appeals v Please advise me of any approvals by your Department with respect to: Damien Development, New Suffolk. Thank you. /b ,t +r } COUNTY OF SUFFOLK RECEIVE® AUG i 41986 Town Clorlo Seuthoid PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS, M.D., M.P.H. COMMISSIONER August 12, 1986 Judith T. Terry Town Clerk 53095 Main Road Southold, N.Y. 11971 RE: Damien Development New Suffolk (T) Southold SCTM# 1000-117-9-12 Board of Appeals # 949 Dear Ms. Terry: This Department is in receipt of a subdivision application on the above referenced property. In order to determine whether the property is exempt from our standards under Article 6 of the Sanitary Code, it is necessary to know whether the Town of Southold has issued Planning or Zoning Board approval.!..,: for this project. Would you please inform this Department whether such approvals have been issued and if so, when. Very truly yours, Royal R. Reynolds, P.E. Sr. Public Health Engineer Wastewater Management Section RRR:ljr cc: Damien COUNTY CENTER 548-3312 RIVERHEAD.N.Y. 1 1901 „Y 1 Y/Sr ON �r •P.RD Pf�P.T� . �T-.Fv2�E'.�... .��/Y!'iEiv ,- EMIM 1- .- �o �AV rrelm'- VT. ® (4 .�__....: '.6� 'L - 4” r ia/EL i.. �w,---'Cry . �,cr— — �.r�►��Cd_,jam_ � ®® II '. s1JL 'fit, X — _ _ a 2G" R ttitA�C.i i't t�ES�i`� LiA4 ',mot; j 114.1 - ._.-- —....F:...c ...F.3ryZ:"--- /- ...,n.ti:.w..,•.. 6r..t..M:e m :..-.i.>.:..,.w.'....:...:....�.:. • ;: ,..9 ,. .�� ,� ,-, - nm..n*.xYuaisuttif i.i'a� .uJw.......�x+—.u..L,. ,Ls, •4 f� S,•. 1i ' GEORGE D. DAMIEN 4015 West Fairview Heights Ave. and Jackson St• Tampa, Florida 33616 New Suffolk,N.Y. 11956 (813) 837-9994 June 13,1986 Mr. Gerard Po Goehringer Chairman Board of ,,appeals Town of Southold Main Road Southold, N.Y. 11971 Dear Mr. Goehringer: In response to your letter of May 29 and as per your request, enclosed please finds I*- A letter (copy) I have sent-this day to the Department of Health in River- head, in compliance with Article VI, Subdivision"Approval from the Suffolk County Department of Health together with a Survey of my property showing the location and the distance between future cesspools and a future well on Lot Be 21- My application to the Planning Board with the required documents and, aV� inter alia,12 copies of the Survey of my property indicating that Lot B is to be set-off with square footage and metes-and bounds.9 as well as a check in the amount of '$50.00 filing fee. I would greatly appreciate it, if you could ask your Secretary to remit my application and its-enclosures to the Chairman of the Planning Board for consideration and action, for which kindness and cooperation I do thank you in advance. 3.- As per your request, enclosed please find four copies of the survey showing the subdividion of my property into two lots, namely Lot A, on which I built my house, and Lot B which has no structures. I am also enclosing another four copies of Lot A, which shows my house (the existing structure) with its set- backs from all property lines. I would, like to believe that the herewith enclosed documents will complete my file, so that the hearing may be scheduled as soon as possibleo GDDsmd Sincerely, Encl. / "" 2�Q George Do Damien GEOD. DAMIEN 4015 Wes view Heights Ave. Tam Florida 33616 June 3, 1986 Mr. Gerard P. Goehringer f Chairman Board of Appeals Town of Southold Southold, N.Y. 11971 1 —...... Dear Mr. Goehringert In thanking you for your letter or May 29, and in view of the complexities and formalities in the present proce- dure of the Board of Appeals, I would appreciate it,if you coiijd provide me with a clear explanation of the correct meaning of the folloiri.ng passages of your letter: 1.- I do not know what kind of legal connection, if any, the Southold Town Planning Board has to do with my appeal, whose functional purpose is to confirm the legality of the decisions taken by the previous Board of Appeals and con- firmed by Howard Terry, the former Building Inspector, and which decisions divide my property into TWO building lots. Therefore, in order to send my application to the Planning Board, kindly send me whatever papers and procedure I have to follow, so that I can implement all formalities without further bureaucratic complexities. 2.- Albeit I did send six copies of the survey, I shall send another "four copies of the survey showing the pro- posed lotlindly Ines and all existing structures on both lots*" However, explain whether the so-called "setbacks" on both lots do or do not mean existing adjacent buildings along the property lines. I am complying with your request to obtain the approval of the Board of Health and thank you for your cooperation. GDD:md --gincerely, George D. Damien 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 May 29 , 1986 JOSEPH H. SAWICKI Mr . George D . Damien P .O . Box 626 New Suffolk , NY 11956 Re : Appeal No . 3503 (Variance ) Dear Mr . Damien : This letter will acknowledge receipt of your application for a - variance, which was reviewed by the board members at -our Special Meeting held last eveni'n-.g. The board has requested that you apply to the Suffolk County Department of Health Services for-.._Article VI Subdivi - sion approval and the Southold Town Plan.ning. B_oard, in order that we_ may .coordinate reviews and receive their input or approvals in our file prior to the public hearing by the Board of Appeals .- Also , the application at this time is incomplete until we are__ fur.nished _with four copies of .a survey (su_bdivi_.sion._ . . map ) showing the proposed lot lines. and "all existing structures on both lots and their setbacks from all -property. lines . If .you are able to furnish the above .AoQ.uments, we will be able _to schedule your matter for a public hearing on the next available meeting date subsequent thereto . The deadline for our e-arl.y August .,hearings is early July . Please feel free to call at any time if' you have any questions . Yours very truly , GERARD P . GOEHR GER lk CHAIRMAN PC :. Planning Board Building Department GEORG— — DAMIEN `\ 1 4015 West Fr N Heights Ave. �•� Tampa, . :_..da 33616 S April 19,1986 f Mrs.'_Linda Fe Kowalski v Secretary Zoning Board of Appeals Town Hall 53095 Main Road Southold, N.Yo 11971 Dear Mrs* Kowalski% In compliance with the Instructions of the Zoning •Q Board of Appeals, enclosed please find the fol- lowing papers: O I*- Notice of Disapproval from the Building Inspector; 2.- Application in triplicate; 3.- Notice to Adjoining Property Owners with One Notice Form completed, signed and notarized, with post- marked certified receipts attached to reverse; 0 4•- Six (6) copies of survey certified by a Licensed Surveyor; 5.- A check in the amount of $75900 filing fee payable _J 1" to the Southold Town Clerk. Assuming that the Board of Appeals will recognize the -1k 1,7 validity of the decisions taken by the previous Board of Appeals and Building Inspector, which decisions di- vided my property into two building lots. I would like to have the size of the second lot on Main and Fifth Streets to be 175 by 100 fe®t in accordance with the kcZoning Ordinance of 1966, Article III, Section 303-1°A" Size of Lot to be 12,500 square feet. y I shall be in New Suffolk by the end of June. I would � greatly appreciate it,i.f you could schedule the hea- ring for mid July or sometime in Auguste Kindly confirm the reception of this letter and the herewith enclosed papers. May I also take this opportunity to thank you for your kindness and cooperation: Encl�. Sincere , s George D. Damien •,NOTICE OF HEARINGS - NOtCE` IS HEREBY GIVEN, pursuant .to Section 267,of theTown Law and the Code,of the Town of Southold, the following`public hearings will.be held by the SOUTHOLD County Tax Maps as District wetlands/tidal water along _ (Current Owners: S. _and J. TOWN BOARD OF AP- 1000,.Section 53, Block.4, Lot Great Peconic Bay;(2)III,Sec- -Catapano). PEALS ai.the Southold Town• 32• _ tion 100-324o relocate accessory 8:45 p:m,. Appeal No. Hall, Main Road, Southold, t 7:55 p.m. Appeal..No., garage:building in the frontyard 3560-EDMUND.AND JOA'N NY.at`a Regular Meeting com- -"3503-GEORGE D:DAMIEN. ' ! area; (3) 'III, Section'100-3I, PRESSLER. .Appeal '.from . mencing'.at 7:3.0 p.m.. ,on Variaiice'.requestin.g 6onfirma- Bulk Schedule, to ..construct Building Inspector Notice of THURSDAY; OCTOBER 2, tion of Building Inspector's ac-.,. with lot coverage of all struc- Disapproval:dated I/2l86 and =1986 and as follows: tions and prior Z.B.A Decision tures in excess of maximum- ZBA Action-;No..,3463 dated 7:35 :p.ni. Appeal No. Render ed.underAppealNo..949' permitted.20'pereent.Location 5/6/86, :and Variance to the 3559-LEONARDUS . AND of. 9/1/66, recognizing two of'Property. :.South Side of Zoning Ordinance,-Article VII, MARIE VA'NOUDEN- separate building lots, having Camp Mineola .Road; Mat- Section100-71, Bulk Schedule ALLEN. Variance to-the Zon- insufficient area, width and I tituck;County Tax Map District and .;Article VII Section. ing Ordinance,Article 111,Sec- depth as required by Article I11, 1000,Section. 23,,Block 6,Lot 100-70(A)[1](d) for_permission tion 100-31 for permission to Section 100-31,-Bulk.Scheduting a 27. -to :establish -a second construct addition to dwelling' ;' of Zoning Code.:Location ofi� 8::15 p.m. Appeal No. retail/business use in.conjunc- with an insufficient-frontyard Property: Corners:of Jackson, ,`,, 3557-ROBERT EGAN. tion with existing-.nonconform- . setback'; at 230 Sailor's Lane, Fifth and Main Streets, .New ! Variances to the Zoning Or- ink two-family dwelling and Cutchogue,N.Y.;District 1000, Suffolk,NY;County Tax Map dinance,Articles(1)I1I Section antique-sales :business-use.on Section 111,Block 14, Lot 07. 1; District 1090,.Section 17;Block•• ' 100-31 to-reconstruct dwelling this parcel of.68,912,sq..ft. in' 7:40 p.m. Appeal No.. 9, Lot 12. with:insufficient.total-sideyards, area and- 95,44 ft. lot width. 3555-SHIRLEY `'FIOIVIAN. 8:00 p;m.. Appeal .No. insufficient(no rthwesterly),side ' Location.of.,Property: "B-1" Variance to,the Zoning Or- 3484-PH•ILIP AND 'ELLEN yard, and insufficient front General. Business ;Zoning dinance,' Article :III, `Section BELLOMO. 'Variance .to .the yard; (2) XI, Section District Side of Main 100-31 for permission to con- Zoning.Ordinance, Article XI, 100-119.2(B)'for permission to Road, Southold,'NY; County struct addition to dwelling with Section 1004.19 2(C):for per- construct addition and Tax Map Parcel No. an insufficient.rearyazd setback, mission to constructaddition at reconstruct dwelling within 75 1000-63-3-26. at 160 Smith; Drive;',Peconic; rear of dwelling with-an insuf- feet of tidal-wetlands along The Board of.Appeals.will NY-'District 1000, Section 98, ficie'nt setback from wetlands Spring Pond, Orient Harbor.- hear at said time and place all .Block 3, Lot 38. along .Great Pond, at .7455 Location of Property:330 Knoll persons or representatives desir- 7:45 p.m. Appeal No. Soundview Avenue, Southold, Circle,East Marion,NY;"Map ing to be heard in each of the 3554-NORMAN AND KAREN NY;.County Tax Map District of Section Two,Gardiners Bay above hearings. Written com- ICI?.Vzri xiceaothe Zoning 11000. Section'S9; Block 6, Lot Estates;":Subdivision Lots 27 ments.may : algn he Submitted Ordinance;Article III;-Section '8; -and part. of 28;-County Tax': prior to:the.conclusion of the 500-31 for-permission,to.con- 8:05 _p.m. Appeal No. Map District 1000, Section 37 sublecthearg.-For.moreinfor- struct dwelling with;an msuffi- 3552-JOHN.SENICO.Variance Block 5, Lot 12. maUon,.please call 765-1809. dent rear yard setback,at 1809 to,the:Zoning Ordinance,Arti- 8:25 p.m. Appl. No Dated: $eptember ai, 1986).yv..� .=€tf Wa oft#te East Stde cle VI1 Section 100 7A�and Ar 3487-SE-CHURCH OF THE BY ORDER OF.THE" A." cte,VJ,Sec301 ) fsJ - OPEN DOOR Special'excep : SOUTHOLD:TOWN r T� ,See. permts ! sll sp- ;ion to the Zontng;Ordinance BOARD OF APPEALS W. use.iw,tnlsyt`4B-?"` Article Ill;Section,lU0-30(B)[2] GERARD P GOEHRINGER, Kimon and Retzos Minor Sub General Business Zoning for permission to construct;and CHAIRMAN division No:'81, Lot,No 2. District with ihsufficientlot-area establish House:of'Worship Linda•Kowalski, '7:50 p.m. Appeal 'No. at •49295 Main. Road ,(a/k/a with related'religious activities; Board Secretary 3547-JOSEPI-H AND Ackerly Pond-Lane),Southold, on a five-acre tract.of land 1T-9/25/8606) CATHERINE I RIEMER. NY; County,Tax'Map,District referred to As Lot No.3;Minor Variance to, the. Zoning ,Or- 1000,Section 70,-Block 07,,Lot Subdivision' of Salvatore dinance, Article III:, Section 01, containing,30,084±:sq. ft, Catapano, which` received .100-31,Bulk'Schedule for ap- 8:10 p.m.'- Appeal No. Sketch-Plan Approval4/14/86 proval of insufficient lot area, �553-FUGENE BOZZO; by the Town Planning Board. Width-, nd depth of two parcels Variances to the;Zoning Or- Location :of Property: West. known.arid'-referred to as Lots dinance,.,Articles (1).X1',:Sec- Side.of Main Bayview Road, No.96,97,98'andhalf of:99 at tion100-119.2 for permission to. Southold: NY; County Tax •Peconic Bay Estates,Map No. construct dwelling.,with an..-in- Map District.1000,.Section 69, 11.24,';and. identified on the sufficient setback from Block 6,Part.of Lots 8.and 2. . COUNTY OF SUFFOLK - STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG- ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . � weeks successively, commencing on the . . . . . . . . as . . . . . . . . . day of . 19 �. . . . . Sworn to before me this . . . . . . . . . . . .5;29. .... . . day of . . . . . , 19 F% . . . . . . . . . . . . . . . . . -. . . . . . . . . . . . . . . Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk Countyy Commission Expires 'a-7- 11 19 'F'r 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 April 28, 1986 To: Southold 'Town Zoning Board of Appeals F.roii: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3503 application of George D. Damien for a variance , and accompanying papers as outlined in the letter of transmittal, dated April 19, 1986 . Judith..T, Terry Southold Town Clerk GEORGE D. DAMIEN 4015 West Fairview Heights Ave. or Jackson Street Tampa, Florida 33616 P.O.Box 626 (813) 837-9994 New Suffolk, N.Y. 11956 PETITION April 1921986 From: George D. Damien To: The Board of Appeals Town of Southold,N.Y. It is the purpose and function of this 'Petition to provide the Members of the Board of Appeal with supplemental evidence and details related to my Appeal . from decision of Building Inspector. Here are the facts: Is- After I bought my property in New Suffolk, I asked the Building Inspector, Howard Terry,to let me know how_many dwellings I may have, in accordance with the existing Zoning Regulations of that time. His letter of October 15,1965 (Exhibit No 1) specified that I am entitled "to build two separate dwellings." 2.- Then, on May 26,1966, I wrote him again and sent him "Scheme All for the division of the property, as prepared by my Architect, James Agura. In his answer of May 31,1966, Mr. Howard Terry specified again that "the lot (my property) will accomodate only two one family dwellingss"(Exhibit No 2). 3.- Then I made an application to the Board of Appeals and asked for a variance, so that I may be allowed to build 3 dwellings, since my two neighbors, Acker and Fudjinski have four dwellings on the same size of property. In the course of the hearing, the Chairman of 'the Board, in responde to my statement that I have a family with three children and,thereby, I want a house for each one of them, stated:"You could build two houses; there." Then, in response to questions from the -audience, the Chairman again emphasized: 'Ve-would not deny two lots"-and in ending the hearing he told me: "You would have to apply again, to divide this property into two lots" (See Exhibit No 3, pe 10 and p. ll). 4.- In view of the fact that Article VII -Applications and Permits, Sections 700 to 707 and Article VIII - Board of Appeals, Sections 800 to 803 of-the Building Zone Ordinance of May 24,1966- do not contain any specific procedure to follow after the hearing, except refering to the "duty" of the Building Inspector in carrying out the decisions taken by the Board of Appeals, I went to see Mr. Howard Terry and asked him-to let me know what I am supposed to do and to whom shall I apply again, in order to obtain a formal division of my property into two lots, in accordance with the decision taken by the Board of Appeals, which was based on Article III - "A" Residential and Agricultural Distriot, Section 303 which sti pulated that a building lot must have 12,500 square feet and,thereby, I have the legal right to have two lots. Mr. Terry's answer was that I was"within the law, which allows me to have two building lots, as confirmed by the hearing held by the Board of Appeals and,therefore, I do not have to file any application but simply asked him to give me two building permits" provided I am able to submit to him "a proper plot plan"for each of the two one family dwellings. I asked him to confirm this by letter and so he did on September 20,1966,(See Exhibit No 4). •/. Petition from George D. Damien to the Board of Appeals, Contd. 2 - 5.= Then, after submitting a proper plot plan for each of the two one family dwellings, the Building Inspector, Mr. Howard Terry issued to me-two building permits. One of them was sub No 3474 Z of May S,1967, as evidenced from Axhi.bits 5,6 and 7 and specified that it applies-to "premises located at Main St. & FiftT1 St.,New-Suffolk, N.Y." that is to the second lot, which is now in dispute. Exhibit No-5 is -a Receipt No 3579 and specified that the other Permit No 3475 Z was for the other dwelling, which I built on Jackson and Fifth' Streets and for which two permits I paid$20.00. Exhibit No 6 is a copy of the letter the Building Inspector, Howard Terry sent me on May 5,196? for the second lot for building a secona dwelling on Main St. and Fifth St. Exhibit No 7 is the original Building Permit itself No 3474 Z whioh I kept in my files and which I could not use, since I did not-haw the financial means-'to use the two permits and build two dwellings at the same time• Exhibit 8 is a letter of May 6,1968 from the-Building Inspector to me, reminding me to renew the permits, which I did and later built the dwelling on Jackson and Fifth Streets. of November 4,1970 6.- Exhibit 9 is a Receipt No 5307 certifying that I did renew Permit No 3474 Z, allowing me Eo build a second dwelling on Main and Fifth Streets, that is, on my second lot, which is now the object of this Appeal. Permit 3646 Z was for building a garage. 70- After the death of my wife, I again asked the Building Inspector, Mr• Howard Terry to confirm in writing my legal right to have two building lots on my property. Exhibit No 10 -is his letter,dated November 5,1975, which unequivocally confirmed once more my legal right to have two lots on my property. 8.- However, with a new Administration in Southold and the appointment of Mr. Victor Lessard as an Executive Administrator, my right-to have a second building lot was denied by him* Exhibit ; is a copy of the letter he sent me on August6,1982. His refusal to recognize my right for a second lot is based on his opinion that I did not apply for the division-of my property into two building lots, notwithstanding the fact that in the course of the hearing in 1966 the Chairman of the Board of Ap- peals did specify that I have the right to have two lots. Mre Iossardfs came up with his own interpretation that Mr. Howard Terry's decision to issue the two bal- ding permits "was in errors" and he- did not pay any attention to my"reiterated ex- planation according to which the previous Building Inspector told me that I do not have to file any application because 1 was legally-entitled--to have two building lots for which he did issue two building permits, as previously explained. In light of this clarificatory and-factual background, I respectfully request the Members of the Zoning Board of Appeals to confirm the decision of the-previous Building Inspector, Mr: Howard Terry, and according to which I do-'have-two building lots on'E/S Fifth Street, one with frontage on-Jackson Ste and the other with frontage on Main Street. I was 'ixi"bona fide when I talked to Mr. Terry after the hearing in:3966 and I always believed :5hat I do have the legal right to have two lots, since I have more land than the Zoning Code of-1966. For after all, as Mr. Howard Terry clearly emphasized to me, I did not have to go to the Board of Appeals if I wanted to have two -lots, to-which I was clear y entitled by the Zoning Code of 1966. I could not even imagine that another employee of the Southold Town Admi- nistration, the Executive Administrator; Mrs Victor Lessard would an,d-could state that the decisions of his previous colleague were "in error" and,thereby illegal, and that the letters Mr. Howard Terry sent had no legal value whatsoever. Petitioner, 2 ' Georg e D. Damien I � TEL. 765-1802 \p��FfaUr�OG TOWN OF SOUTHOLD ►� �c OFFICE OF BUILDING INSPECTOR ,� P.O. BOX 728 -2 TOWN HALL SOUTHOLD, N.Y. 11971 6 August 1982 Mr. George Damien Fifth Street New Suffolk, NY Dear Sir: , This is in re'erence to our repeated conversations pertaining to your property or. .Fifth Street, Jackson and Main Street. In September 1966 at & Zoning Board of Appeals , you made an appli- cation for a variance to divide your property into three (3) lots and this was d.enied. . Mentioned .in the minutes , of that hearing, the chairman stated they would not deny you dividing your property into two lots but that you wou ave to ,apply to do so. Lot regrtirements at the time was 12 ,500 You never did a 1 - y , f In .1975 , Mr. Hiwar d Terry misinter reted-.the minutes of 1966, and. informed ,Io.u .that you a a., ui a e lot,. He also gave you- applications f�r a Building Perm?t. Even though his- deci- sion was in eir.or,. you failed .to act' his decision to improve your propertyto`t his presen .ay, or his decision, wou ave been binding. Since no action was taken, on your part, to act, and the zonin( requirements -today require 40 ,000 sq.. ft. , I have no choice but to inform you. that according to the Town Code, you have only one (ij" buildable lot. You still have the right to apply to the ' Planning Board for a division of your property, if you so desire. Hoping this clears up the status of your property, I. remain. Sincerely yours , Victor Lessard Executive Administrator i EL. SOUTHO.LD 5-2660 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN CLERK'S OFFICE S O UTH O LD, N. Y. I October 15, 1965 Mr. George D. Damien 924 West End Ave New York, N. Y. Dear Sir; The property in New Suffolk which you inquired about, I would assume is op- the east side of fifth St- (New Suffolk Lane) between Main & Ja kson St. If this is so there should be area and frontage enough to build two se erate dwellings on this Larcel - a survey will be necessary to determine this and to proper y locate the proposed dwellings. I am enclosing application forms for the wo buildings; permit f ees are $10. each. Water supply and sewerage disposal are by permit from the County health Dept, County Center, Riverhead, L. I. If .you have any further specific questions please feel free to contact me about them. Yours truly Building Inspector O��1FC0 rEL. SOUTHOLD 5-2660 � TOWN OF SOUTHOLD v0,s OFFICE OF BUILDING INSPECTOR � • ��� TOWN CLERK'S OFFICE SOUTHOLD, N. Y. May 31, 1966 Mr. George Damien 924 West End Ave New York, N.Y 10025 Dear Sir; Thank you for ,your letter of May 26th. I have looked over the sketch submitted by your architect- entitled "scheme A2 and compared it with the Town map of the same lot. There is not frontage and area enough for three -dwellings. The lot will accomodate only two one family dwellings. In reply to the questions posed by your architect, I submit :- 1. We do not now require a prelinary survey with the application, I do require a "final survey" before issuing a certificate of occupancy. 2. The health Dept requires accurate location of wells and cesspools on the adjoining property before they will issue a permit to install a well or cesspools. This must be obtained from the adjacent property owners , we do not maintain such records. 3 . We expect to adopt the New York Statbuilding code in the near future so any components would have to meet the code if in effect at the time of construction, otherwise no objection. 4. Any footing should be at least 3011 below grade as a frost precaution. 5. The setback on Jackson St and on Main St would be in line with the other houses or deeper. On 5th St a. minimum of 35ft setback, side yard minimum loft, and rear yard 25 ft, heigth 35 ft. Trusting this will be helpful to you and your architect Yours truly ld,,-."J, Building Inspector -Ept : a 1. All `aim _-A�.l be granted :ebr =m (1) ywra ram wablo i$tiinua2ly Upon WxIzt= applicats.0n. to aw zaard of A'Weal:3. 3., All, gi ,. aball. be Subject. to any =baeqtMnt ft=940;3 in the amid Tom BuAdUag 21one Ordinance as it appIlas to sigm. 3. All. aigm Ahall be, located at Ion t fIve (5) feet any: Sit (= pzoperty lim. 4•, All algae shalI be located at., least thme (2) feet above 9ZC und: i. Vote of the aoa da Ayes:- Mr. (3113 3e, Mr. fie, vx, Or1 ia. Mr. Sergen c' idn"'t vote on. the above. application because of a. ranflict Of, intereet. PWLMM. =AR=: f1ppeal No._949 ® 8 s 30 P..%. S.T. Caapplicatim of George a.. men*. 924 Nest_ MW AVMQe, NOW York. City, So" !Max.. for a v - in with the wing Oxd1sma=& Art4c'-; . sect 303. low . to divide property and construct. a d4ellbg with in auffieimat area. LocatUm Of, ]W r Va-aln stroet" Jaldcsos: street, Fifth Stree. Now Sag falklr NEW 'York, bided. north. by MaI S stz:ft, Cwt: by Acker- VU!JJ fir nth by jadmm txeeto 'a'. by I?f fth zmreet. The Chaizzmn ,opt the 4ear3ng by zvading tine a IiC*tICn. for__a.vaz3apce, legaA. .notice. of hear, affidalt axtteeti:ax to :.t9, publ.Acatum in the Official =Wmpaperl mad nlct ri= to the applicant. mm CHAP: Is them. anyom mot who wishes to speakf r the applicati n? (There wm. no: rasa .) ' MUMMMUs I Night say that this lot in 150 feet by 180 fee and 150 test by 33 feet. xo is a, 10 foot jog in thy. the whole loot is 300 feet. by 90 feet can me end and 300 met at rise other end. 'fie mini :34= ut fW -s bu ' lot Under the Z=ing Ordina�e ie � .so uRre feet. 100 feet Cyf rClit?3 t. hei p�..3m to do 11wEe i9 Ctust!'tiot thzm 11 a 0=: Z t6 a are tumu I&I"he hardship given is the of the m Zoning Cz does not adopt itself to =do wbat already odat. Tm C" ' -SOS ;;-i DW21Gm gresent.- Mae, , tea ' . :m CaAmMs. Do 2m anythim, to-.add.. to::th appii ti . 0, MCI 7 apt ��. , bull x3 . a want, :may- cry mod,. houm, but. Z wit to,h.mm° pmrmlssion to 0 Z waut- LTV Insure : rUp.tI. 2= my C2111 to �lifl a bits - It they,Meant. to., The. exl3tIng cheer' of' the: sew 411L—not. be, cam.: "Am>: z: ae there any else eseftt lm; 0413hAs to speak 9 CW th a a .icetl ? t Cg3+' M"t nm: "a not.. abler t*`C09%imt.. ghat, ham: alroudil VM - t I thw � .off. :a, year. - - CM A".1wWr Tl:a= , no hiv:'Imolved hem that is. legal. ' The, fwt that ttm suz.= u*d rg ne to the 1aa1 It is, hanz ==ing.: to (to wlth the av9L1cat-Lcn.- boagzt the property. after_ tote .003� a d t into, e - 7OU can't_ quote th 3mmght reasom an. a legal hardsh1p. 3n other `words f_ a:- lot that ia: too- sail. Zor three_ lumaw,,is ma hazdahip... mt. DAM=r d just Waz to.. Ins a -bla= -ftw my CA1PiMr +p could build tsao: iouse t . WmId henna to. Imo,. 35. foot setback ftom avifth sit: and J s= . txeet. Aid- thla tUm ia: ego t *a3 .to sperm. againat: t�tia: apph�ti�on .. r3lduft3- I. live M.3 . sue. 1. I.Xmid. 33ka to port out. to: mr. 'Damlen that. cesspooI3, from five house are . within 10 feet of t. 13 well. It' You put twee .house in here- yav,, w= e, canes` tIng. the c�imlclng water. ` `CI s- I then and: else wt j�QQ�,.i� . .i� 'ii.Sva' .ari.���' 'w� 3". � t �i .�y���q, ...s.C�.y :t:�'g ? a hrs 'juX f it iti.tJuld :.�8fi? what n'"..,-' ` „ld �Aiw-N a of }.h is Mmth cc w th.Ln a 'mom. >h%e im 3 Ct 9 ""Qs.?. Y^",J +hat wmId be put on the lots.. TO arty it wild not caw the C."UMaCtOr. Of tbO aalra cam: ate ig.. Wt:. tnw.. Vbu wouad really have thmm, M= �dl 3ote i- thart amm., MR.- AR=S ice* wails..._ d, "�: �!# SJI �� �"��3: Street . say- :lce> w.U!,. do wads the y really Ott=. D=' ,.EQ.4. 1, dkm a t: Propoaft to direct, th�ats to �. Daien., but. e"w 1f tha- lot has, two lot-as, U10 ��,t2� C=n;; BeeltIL.iepct==trt =qujz"a 300,000� dam, feet for @, dit lot. : . at: is �, i�=d0bAw: and, V��.'&nem. h t- ° s.to he. 1�."��'� Ord . �3l3t lLION .���. s 3' #!k^► �h !►is�ca wt�arrr��nr 3fl to hy��l �y ,1�h.� f�p� f ��v£�i,.j�i�pc.�,.a�a#� �3p@�RaZ •m.. �ey�a19ry��3�o'��►' sg� iaq Vivo foUzo I -would, like. to bulid. thla x5u w. . . TIM Ltd+ Mt, You. would- have to apply Baia � di�rS�: t'3 n- 10949ty- into?, two 10tas. Is: theme anyue ala4 Dreamt who,Wishes; to,. Vic, aithar smarm'_ as— no; wept." i - • Southold: rased of Apes. -12- SepUNRber.- 3. 1 After i=mStIgatim and Inspec'r'Im. the zmtd 21nds that the `fit . St1w Property into smparat a- building x0to so. that thme separate cUellinge may.be- built acme tim In the future.. mm size 69 the in: questIm la- 303 4-6set, by go The . PV0P0=t7 bmG to on thzee ex1fitlug Vublic at2vots. appellant elate: ha hip In- view of the, act, t iat the su=aundlng. arem is bu.Ut up 'With Mmy hcms an ill z"s; Of :=d, a0weverm all thane dmIIImj6, um*2212 ex ated. Prior, to the e t- Mnt. of the min naMM ad- be clalmd a legal, hardship by tine amehiant. The' amra a1w points out that e=00 &mIlIngs On thIM Vzopesety would ate a problem-"" Frith. the, :fit ik- ccanty asaith vepartment .in beam to the wells and. c:eaas. 'Tbe-.Dmrd, finds that strict aF911catIM of t1a C :dinaucce will ,rmt- ?as` m_ aCtleal Aalt#es 4= UVxKWei32!EL hardship; PeOportles at1ke in tho, ate vicinity of-this property wd: in t=11e. sa a dist lctr abd the dance dom not. r the .sapirIt oil..the, Ordinance: and, will ,Cb=S d-. thm thw "Otrit. Im by ,kmr.; GAII sple#-- secanded, by I.W.-. ass•. It was •ItL'alLii'w that gorge D+., DaRIM# q" �:eqt :bad Avenge, �CZk lclty,: NOW, V�Vkl us 45miad exm"S em to s'J.ivsas Into separate building lam. P=Varty I=ated =I ftin :3t',"at, Jar-%avast t"ft, ri 3fth .ftr6t, !ew ft9f*=. Now ybS?C• beantadctd mirth by Main. stet', awt by maces-v%j4j jne3ei, South. by Jacks= Streee't. . %# of -by, s ifth at t. 0:9, the SmIrds A 4- ft. . .: is. etse on, motim (fte raillispiet 3"-M by Mr., .sergm;. it was R=CLVED that ate Minute® Of the MMthOld T=tn Dowd of Appeals meted A UgUn.t 18# 1 . be appwaved as a bmitt". 'mote of Y.bas D33rdl .AY"_- �Irl Gillis} *. -Mr. zargen, fir. UU1208- 'mr. ar.,.qmis. DEL. SOUTHOLD 5-2660 '�l=c TOWN OF SOUTHOLD • OFFICE OF BUILDING INSPECTOR TOWN CLERK'S OFFICE SOUTHOLD, N. Y. September 20, 1966 Mr. George Damien 924 West End Ave New York, N.Y. Dear Sir; I have just returned to work and am piled high with work that has collected while I was Sick. In as much as the Board has turned down your application and plot plan that was submitted, and ruled that onl two houses can be built on your lot; I will issue ermit or wo ne ami y we in s upon submission of a proper plot pan or each. I am holding your check of $10.00 a fee for one building, so as soon as I receive corrected plot plan I will issue the permit for one dwelling. the second dwellingermit will be issued upon receipt of a correct plot p an a fee. Enclosed are new implication forms_ for the two dwellings, as soon as I receive the correct plot plans on e e wl 7117 issue the permit so you can get statrted building. Yours truly Building Inspector FORM NO. 2 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) EN� D .. ....May 5 , 1967 i`� = 3 4 Date ............................... . .................. Permission is hereby granted to: George. Damien ..................................... ...........92?h....We s t..End„Ave............................ ................... ex..-xQX.1�.'..N.:y.:............................ to .Build new one family, ....dwelling ..... .... ..... ....................................... at premises locat at .1....aln..�t...:..Fifth...�t........ .................................................................... New„Suffolk�.....N.Y ....................................................................... ................................................................................................................................................................ pursuant to application dated ...................................May.......5.......... 19..6.7.., and approved by the Building Inspector. Fee $..10.00.......... . ........ ................................ ................... Building Inspector TEL. 7GS-26611 �TdWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN CLERK'S OFFICE S❑UTHOLD, N. Y. May 6, 1968 r' Mr. George Damien 924 West End Ave New York, N.Y. Dealt Sir; Your letter of May 1st* with S 2. 50- check received. Your , wo house permit 4Z & . L were issued A,iay 5, ' 1967 and expiree yes �eraay::-The fee o renew these is 5.00 each or total of 10.00. The $ 2. 50 check would cover the renewal of the rage per-mit issued Sept 26 1967 and has not yet expire . I will hold the o-Den rending the receipt of the proper fee ( " 0 eac for renewal. Yours truly s< Building Inspector. �.4 l s• o. i la ' TEL. '765-266❑ o _ �' , :c TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN CLERK'S OFFICE 1 S❑UTH❑LD, N. Y. 11971-- Nov. 5 1975 Iir George Damien Jackson St New Suffolk, P: .Y. Dear Sir; In reply to your inquiry, please be advised: hP ction of the Board of firneals - —"04 Scent 1 11066 dividing_ =our gyro .ert on E if h , '.ew u folk, into two uildin o s one wl (rota e on Jackson an she t wit�� ron age on .aln Street has no been changed or" rescinaea. You still. have Ptiqbuilding lots on F/S Fifth Strees the bo=rd set theme off in 196 Yours truly r Buildin5 Inspector Bncl: r z f` RK11VED TOWN OF SOUTHOLD, NEW YORK APAAU98F60M DECISION OF BUILDING INSPECTOR APPEAL NO. 3s�3 CI.ATR Southold; Touln. 'DATE ....�f.". ... `.... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ..... George D. Damien o f Jackson and Fifth Streets Name of Appellant Street and Number New Suffolk (Town of Southold) N.Y. 11956 .............................................................................. ............................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ....July, ......................... WHEREBY THE BUILDING INSPECTOR DENIED TO George D. Damien.... . ............................. Name of Applicant for permit of St.e....in. .. ......................................... Street and Number Municipality State ( x) PERMIT TO USE ( x) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTYF�. k�..8c.. a „S xee s,,,in New„Suffolk, N.Y.,,11956....... Street Use _.District on Zoning Map Tax Map No 1000,Section....117, . ... Bloak 9. ... , Lot p/o 12 ................................................ ......... .......... . . 1VIap 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.) Article I, Section 106-20 Sub-Divisions by Authority of the Planning Board, 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 Aprevious appeal was made 049s Sept el,1966 dividing_my property into tw(o lotse 4.' PREVIOUS-APPEAL A previous appeal (has) 056U3= been-made tax�setx + , with respect to this- property. Such appeal was ( )_request for a special permit (x ) request for a variance and was 'made in Appeal''No. .940....::.:..::.:..:..'..... Dated ...Sepelber41966...................................... .Article III,' Section 303 - "A" size of 'lot-was 12500 square feet. I have 28,500 sgsfeet. THE REASON FOR APPEAL was that my neighbors Acker and Fudjinski have4 buildings on ( ) A.Variance to Section 280A Subsection 3.:. the .same square footage Please. see my petition. ( x) A Variance to the Zoning Ordinance s is requested for the reason that the present Executive Administrator,Mr. Victor Lessard does not want to recognize the validity of the letters sent to me by the previ6us Building- Inspector, Mrs Howard Terry, who, after my hearing on Septol,1966, told me that I have nothing to do and NO APPLICATION , TO MAKE, because my "right to have TWO lots was WITHIN the existing laws' And in the letter he sent me Nov.5,1115 he .empha:sized.and I quote: "The action of the Board of Appeals #949,Sept.l,19669--dividirig--your property on E/S 5th St.,New Suffolk, into two building lots, one with frontage on Jackson Ste and the other Form ZB1with frontage on Main St� °leneun c°&ngedr so e)rescinded. You still have two building lots on EIS Fifth Street as the Board set them off i.n-19660-11- Please see my petitions REASON FOR APPEAL Continued3?`s' ,"3;;s 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because y. . ?`.'t{ .�"•�'� '.•„' 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 Point two (2.) is true and applicable to my case. 2 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because my request is legally based and motivated by the fact that in 1566 I had the indisputable right to have two lots in accordance with Article III, Section 303-l'A" SIZE OF LOT of the Zoning Ordinance of 1966, which stipulated:. 1,1In the "A" Residential and-Agricultural. District, no. building shall be erected on a lot having an area of less than twelve thousand five hundred (12,500) s.quare, feet and a frontage of less than one hundred (100) feet." Mr.Victor Lessard claims that I did. not'""apply" to the Board of Appeals to have two lots. This is NOT. TRUE. I happened to be a Doctor of Laws although I do not practice 1aw _The--1building Zone Ordinance"of -' May 24,1966, which I studied very carefully-does not-contaiYi any Section of Article VIII stipulating the procedure to be followed by a Petitioner after a hearing. That is why, I went to see the Building. ]nspector of-'that time, Mr. Howard Terry. I:iasked him what_:1 was supposed to do in order to get the official permission to have two building lots, since my property is ".300 feet by 100. feet minus...10 feet' on the side ofI my.neighbor Acker. Mr. Terryts answer was that I do ndt_fiave to -file any application, since I have_ the legal right to have two,. but not. three. lots as I `re quest ed,and'that' the, Board of Appeals''did confirm my right to have two lots on my property. Therefore, according to him, I had'-nothing to 'do but simply to ask for two STATE OF#41_� ) permtsa which he gave me. ase read my petition. 17LOe�.a�- ) ss ................. ...�A2 ......... COUNTY--OF ° _ " :) Si nature Sworn to this ......:..t ri . .n`�. ,,.:.........:.... day:of.-:: ......... ... .............................. ,.'19`.�0 c .............. 4 ....................... Notary Public ° NOTA;2Y PUBLIC,.State of-Florida My Co;filrssion ZYpim§April 25, 1988 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of George D. Damien NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: Mrs. Irwin Acker AND Joseph Fudjinski PROPERTY OWNER 1200 Flagles Drive 564 First Street West Palm Beach, F1.33401 Brooklyn,N.Y. 11215 YOU ARE HEREBY GIVEN NOTICE: -$ s 1. T(at it is thj �� � ��� %���h Board of/�A� ea�f h �e� of Southold to request a Variance d Li confirmation of the variance as certified by the previous Building Inspector. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: County Tax Map No 1000 Section 17, Block 9, Lot p/o 12 3. That the property which is the subject of such Petition is located in the following zoning district: New Suffolk, Main, Fifth and Jackson Streets. 4. That by such Petition, the undersigned will request the following relief: Confirmation of the action of- the Board of Appeals - # 949, Sept.1,1966, dividing my property into two building lots, one with frontage on Jackson Ste and the other with frontage on Main St. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XV Section 100-150 [ ] 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) 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 or your representative have the right to appear and be heard at such hearing. Dated: April 19,1986 Petitioner Owners ' Names : George D. Damien Post Office Address P.O.Box 626 New Suffolk, N.Y. 11956 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS �m P 332 757 829 ---- —, P 332 757 530 RECEIPT Fled CERTIFIED I'��iAIL ! REM PT I FOR CERTIFIED IPRO l� ti4l�Ir NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL - j (See Reverse) ? (See Reverse) it I co S PW C r,Nt an'No p c-ramrl ZIP r _ le �..`. Statea P .'oe F Y v t9 Ponta e �y Postage g g S Certified Fee 7 Certified Fee 7 Special Delivery Fee Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Return Receipt showing Return FQ,ceipt showing �j"Z to whom and Date Delivered I t �� I to whom ar`tdtjo.Delivered , \ (� LD P g to whom, - Return RP - Ing to whom. Return Recei I showin I - Date.s�' rr � elver Date.and Address o �i, ery ` �6' y J TOTAL Posta e � it TOosta�e;;.ind * g�J S V/y ca� i`—" cs / c� Postmark-r ,e P';tb { - I P <rk or DAt� �9 6, U_ us e PO ?`IAA i r � rFr, STATE OF ss.: COUNTY OF S' ffPdUss ,�✓? /7�!'E'.c,> residing at Yri f`� -3 36 being duly sworn, deposes and says that on the 2a2rkz�l day of - rl- / , 19 6 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Tov�n of Southold; that said Notices were mailed at the United States Post Of- fice at 'T,(a 4 10/2/04_ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of 19 Notary Public NOTARY PUBLIC, State of Florida W,Y 4o:nrr?ission Zxpires April 25, 1988 (This side does not have to be completed on form transmitted to adjoining property owners . ) a�Y�. ( lie N . Y . s . I 11 V I r 11 1111I lJ 11 C a l l(U J I I l Y i : r I W-yr n t . r W I 1.t r r u u' mission of th form rind an e11vIf•onmenLa reviev? Vrl I I be ` . made by this rd before any action i It n : SHORT 7NVIROMMEOTAL A;;_—S XE'IT Mrl?l (a) In cr:ier' to answer the questionn in this sh(,Wrt EAF !s i:; assumed that t;re preparer wil-I use cLrrnntly available infur�..m ion conctiminy, the proj6rt an`i thn 1:kely L-.:paCt3 of' the action. It is not pxp,:ctcd that additior.al st.u•11e,-, ratcerch cr c-.her investigationq will be undertaken. (b) If any quc.-Lion has been answered YW�y the pr•ojoct rnry Le significant and a ccrrpl.e.ted Envircmmental Assessr unt Form is ncces^nr; . (c) If all. que�tion3 have been answercd ire :L. is likoiy Lh, t thus pr��ject 1� nc% significant. (d) F.nvircnraental A5ses8mgnt 1. Will project result in a. large W hysic<,1 ctAngd to the cro;ect site or physically alLcr aroro than 10 acrt?9 Of lrtnd? • . . • • • • • • • • Yes X ?1!, 2. Will there be a major change to arq irniquo or x unusual lan,l form fr:W.:r;d on tho site? • Yea ►in W+11 prc•ert alter or have a largo effect on an a:ci°ting body of Water • • • • • • c n • .• -�� Ye:7 X NU 4. Wi11 p:'c j:ct have it potentially i urge impact, on groundwater quality? . ® . . . . . . • . • --� `.�� r• ? . Yew ira 5.• Will projcc; significantly effec' drainago flow x on adjacent :ir,es? s • • . tes — No 6. W11 pro joct -:'Sect any threnteneu cr N.ICLl117CI'G�l plant or a.nLn-il species? • • • • • • • • . e • Ye9 —X �W r 7. AIL'1 prc;ect result in a rra jcr ad•rerao mffoct on alr qualit,r • • • • • c '• • • . ,e3 X 110 C. Will pr c ject have a :ra jor effect on vin.:a.l c',raf- actor of tt.0 community or ocenir vi rwn or visted x known to be !mportant to the ccw.mriityT •. ye-5 : No 9. Will project -adversely lmi act any site or nt:rurr,_ ore of historic, pro—nistoric, or I:kloGr,tcloi6ical importar:ce or any site .de.sizrlated as a critical envircnnenuAl area by a kcal agoncy? • Yan x ► O 10. Will pro joet have, a ma jor o£foct on exi:,tLng Cr future recreational. opportunities'? . � Yas �X , a 11. Will prc iec: result in major traffic pr•obler3 or cause n.a for effect to exist.inr; transport.atic.n systems? • • • • • • • . • . . .. Yes 12. Will prc ject regula.ly cause objectionable odor'r, noise, glare, vibration, or clecl.r'ical distort.— x once as a result of the pro jest':; oper•i,tio►r?. . _ _ Ye-I _ _ N 13. Will pro sect have a:ry impact on pub'] is hdalth. or' safety ' a • . • • . • • . . • 'f l'3 X 1L. Will pr•o,iect affulct the existing, com,r.W1n::,y by directly causing a erc,rth. in pere:nr ::ct popc.la— Lion of more t:,an 5 percent over a one—year Period or have a ma ior' negative of"ect or, tr.e character of the community. :i r.as.;htor:;:�cd? ._ Yes y x ►:o 15. Is there put: is contrcVc�;y , cW•rn;ny, t:iv_- pr�, :ct . Y:s x_ '.�o l SIGNAV.'RE3 Qf'(_ TITLE: � _ Own.er._.._-____ _ a�rRE;�,yTI:tC: GeoTr>re DR na ;P„ _ r;aTE. A r�i�� 9/1/78