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HomeMy WebLinkAbout2765 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZOl~qG BOA/rD OF APPEALS AppealNo. 2765 Application Dated December l, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. Peter V. Izzo 91g Harlane Circle North Bellmore, NY ll710 1980 DATE..1.f].3~] Appellant at a meeting of the Zoning Board of Appeais on December 29, 1980, was considered and the action indicated beJo~v was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinanceart. III, Sec. 100-3l ( ) the appeal 1. ~lki~~B~iX0~itl~liFol)~)~ll~li~)l~ail)i:l~ttzlit~lXttfll~X~tion ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because Public Hearing: 7:35 p.m. Application of Peter V. Izzo, 919 Harlane Circle, North Bellmore, NY ll710, for a Variance to t--~--Zoning Ordinance, Art. III, Sec. lO0-31 for approval of insuffi- cient area and width of two proposed parcels located at the west side of Pine Tree Road, Cutchogue, NY; more particularly known as Lots 34 and-35A, Map of Nassau Farms, Map No. 1179; County Tax Map Item No. 1000-104-2-9 and 10. {SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (SEE REVERSE SIDE) (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ZONING BOARD OF APPEALS FORM ZB4 The findings and determination of the Board are as follows: Appellant has appealed to this Board seeking a variance for per- mission to divide a flag-shaped parcel, containing approximately 30,200 square feet in area, into two parcels, lO,O15 approximately and 20,200 square feet approximately, with insufficient road frontages of 70 feet along Pine Tree Road. Existing on proposed Parcel 35A is a one-family dwelling, and immediately west of same is a neighboring one-family dwelling. Article III, Section lO0-31 and Bulk Schedule of the Code requires a minimum area of 40,000 square feet and a minimum width (road frontage) of 150 feet. The Board finds that the relief requested is substantial in relation to the Code requirements; that if the variance is granted substantial detriment to adjoining properties will be created inasmuch as the area is very congested; that a substantial change will be produced in the character of the neighborhood; and that the interests of justice will not be served by the granting of the relief requested herein. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Peter V. Izzo's application for a variance dated December 1, 1980 be denied without prejudice. Location of Property: West side of Pine Tree Road, Cutchogue, New York; more particularly known as Lots 34 and 35A, Map of Nassau Farms No. 1179; County Tax Map Item No. 1000-104-2-9 and 10. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. APPI UVED , I , I Co l Chairman Board or'Appealsu' R , IVED AND FILED BY ?I~ SOU%~IOLD TO%VI~ CI'.~RK Town Clo~k, Town of S~ut~old 0 LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, that the following matters will be held for public heraings by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Monday, December 29, 1980: 7:35 p.m. N. Bellmore, NY ll710 Art. III, Sec. lO0-31 width of two proposed Application of Peter V. Izzo, 919 Harlane Circle, for a Variance to the Zoning Ordinance, for approval of insufficient area and parcels located at the west side of Pine Tree Road, Cutchogue, NY; more particularly known as Lots 34 and 35A, Map of Nassau Farms, Map No. 1179; County Tax Map Item No. 1000-104-2-9 and lO. 7:50 p.m. Application of Nicholas D. Yuelss, 6159 Broadway, Bronx, NY 10471 fo~J Variance to, the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct accessory building in the frontyard area at 56005 C.R. 28, Greenport, bounded north by L.I. Sound; west by Candan; south by C.R. 27 (North Road); east by Atwan; County Tax Map Item No. 1000- 44-1-19. NY; 8:05 p.m. Application of Wilbur A. Baldwin, 1725 Nassau Point Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct attached garage with an insufficient sideyard setback at 1725 Nassau Point Road, Cutchogue, Point Club' Properties 104-13-2.4. NY; more particularly known as Nassau Lot No. l; County Tax Map Item No. 1000- LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of tl~ Town of Soutbold, that the following matters will be held for public hearings by the Southold Town Beard of Appeals at the Town Hall, Main Read, Seath01d, NY on Monday; December 29, 1980: 7:35 p.m. Anul~..ation. ?eter V. Izzo. 919 Harlane 2ircle. N. Bell_more. N_Y 11710 !or a Variance to Ordirmnee,~,Lt. III, Sec. lOQ:31 for approval of insufficient' _area grid w~_Lff~f ?o pro~-' ~_knm~nasLots 34 and MalLflf..,I~l,~SaR ~P.a r ~s, Map No. 1179; Count_x_Tax Map ~tem No. : 7:~0 p.m. Applieatiofi Nicholas D. Yuelys, Breadway, Bronx, NY 10471 for a Variance to the Zoning Ordinance, Art. III, See. 100-~ for permission to eonstruet accessory building in the frontyard area at ~ C.R. 28, Greenport, NY; bounded north b7 L.I. Sound; west by Candan; south by C.R. (North Read); eaat by Atwan; County Tax Map Item No. 100044-1-19. B:0~ p.m. Application of Wilbur A. Baldwin, 17'>$ Nas- sau Point Read, Cutehogue, NY for a Variance to the Zoning Ordinance, Art. III, See. 100-81 for permission to construct attached garage with an insufficient sideyard setback at 1725 Nassau Point Read, Cutchogue, NY; more particularly known as Nassau Point Club Properties Lot No. 1; County Tax Map Item No. 10~0-104-13-2.4. 8:15 p.m. Application of James P. Latham, 580 Plum Island Lane, Orient, NY for a Variance to the Zoning Ordin- ance, Art. III, Sec. 100-31 for permission to construct new dwelling with insufficient side- yards at 1490 Village Lane, Orient, NY; bounded north and w~st by G. Latham; south by McNeill; east by Village Lane; Coue+-' Tax Map Item No. 1000-24- 8:30 p.m. Application of Marianne Weil, Skunk Lane, Cutchogue, NY (by Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30(C)(1)(c) and Art. XIV, Sec. 100-141(B) for permission to establish home ,,.,.. OF SUFFOLK. occupation in area exceeding 30% of the ATg OF NEW YORK, j area of one floor of the main building, and a Variance for JOa. D..G.U.~..~.a..V..Sg.~. ........... being duly Sworn, Approval of Access, N.Y .... Town Law, Sec. 280-A. Loca- tion of property:Right-of-way rS that . she.., is Printer and Publisher of the SUFFOLK off the west side of Youngs Avenue, Orient, NY; bounded gEKLY TIMES, a newspaper published ~rt Greenport, in said north by private right-of-way; west by Kroopel; sOUtchoubnY- mty: and ~..h,~t the notice, of which the annexed is u printed Reybine; east by High; ty Tax Map ltem No. 1000-15-1-~y, has been published in the /mid Suffolk Weekl~r Times 10. OTHER MATTERS SCHED-. in each week, for one weeks ULEO FOR 12/29/80, RE-'e ................. CESSEO FROM PREVIOUS :eessively eommencing on the .']..~ ~b.. ............ MEETINGS: 8:45 p.m. Application of Roy I)ecelllbez" ..... 19~0. C. Schoenhaar, for approval/' O~ of insufficient area and width of four proposed par- ' ........................... ceis and for approval of ac- ~OrU tO before me ~his ...'] 9:10 p.m. Application of North ~ Of ~¢.~I{lb.~C .... 19. Fork Motel, Inc. for per- ~ '' ' mission to change existing ............... ///~f~.. ,~:.. fi/.~...~..t~f~..~.. ..... motel use to condominium or privately-owned-units type use. DATED: December 4, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN ITDll-3580 HELEN K DE VOE NOTARY PUBLIC, State of New York No 4707878, Suffolk County Term Expires March 30, 19~/ LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, that the following matters will be. held for public hearings by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Monday, December 29, 1980. 7:35 p-m. Application ~er V. Izzo, 919 Harlane ~-'~-~inance, Art. III, Sec. 100~- -~*Se--d-p-aYc e-a~16 ~at ~t ~- Th~ __]'U--I__~?IY kn6wn as ~tiT;3;il.aiia- l. Map No. 1179; County_Tax.__ Map Item No. 1000-104-2-9 ]-I and 10: ' 7:50 p.m. Application of Nicholas D. Yuelys, 6159 Broadway, Bronx, NY 10471 for a Variance to the Zoning Ordinance, Art. III, Sec. 100- ' 32 for permission to construct accessory building in the front- yard area at 56005 C.R. 28, Greenport, NY; bounded north by L.I. Sound; west_by Can- dan; south by C.R. 27 (North Road~ east by Atwan; County Ta~ l~ap Item No. 1000-44- 1-19. 8:05 p.m. Application of Wilbur A. Baldwin, 172,5 Nas- sau Point Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct attached garage with an insufficient sideyard set- back at 1725 Nassau Point Road, Cutchogue, NY; more particularly known as Nassau Point Club Properties Lot No. 1; County Tax Map Item No. 1000-104-13-2.4. 8:15 p.m. Application of James P. Latham, 580 Plum Island Lane, Orient, NY for a Variance to the Zoning Ordin- ance, Art. III, Sec. 100-31 for permission to construct new dwelling With insufficient side- yards at 1490 Village Lane, Orient, NY; bounded north and west by G. Latham; south by McNeill; east by Village Lane; County Tax Map Item No. 1000-24-2-14. 8:30 p.m. Application of Marianne Weil, Skunk Lane, Cutchogue, NY (by Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30(C) (1) (c) and Art. XIV, Sec. 100-141(B) for permission to establish home occupation in a residential area exceeding 30°70 of the area of one floor of the main building, and a Variance for Approval of Access, N.Y. Town Law, Sec. 280-A. Lo- cation of property: Right-of- way off the west side of Yohngs Avenue, Orient, NY; bounded north by private right-of-way; west by Kroepel; south by Reybine; east by High; County Tax Map Item No. 1000-18-1-10. OTHER MATTERS SCHE- DULED FOR 12/29/80, RE- CESSED FROM PREVIOUS MEETINGS: 8:45 p.m. Application of Roy C. Schoenhaar, for approval of insufficient area and width of four proposed parcels and for approval of access. 9:10 p.m. Application of North Fork Motel, Inc. for permission to change existing motel use to condominium or privately-owned-units type use. DATED: December 4, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., Chairman IT, 12/11/80 (4) 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-Watch- man once each week for ............. / ......................... weeks successively, commencing on the ...... // day 1~~.~ .................... , 19...~..... ..... Sworn to before me this ................................ day of '"l~l'~'r~' Public ............................ CLEMENT J, THOf'~PSON NOTARY PtiBLIC, State o~ New !;:. 52-~321725 lie. siding ia Suffolk ~mmJssi0n ~pires ~ar~b 30, Southold Town Board of Appeals IHAIN RnAD- STATE ROAD 25 SOUTHI3LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONI$. JR., CHAIRMAN SERGE DOYEN, JR. Tr' ~.~,Y TUT'.~'.LL ROBERT .J. DOUGLASS GERARD P. GOEHRINGER doseph H. Sawick~ TYPE II ACTION DESIGNATION NOTICE OF NO SIGNIFICANT EFFECT UPON THE ENVIRONMENT Pursuant to Section 617.13 of the New York State Environmental Quality Review Act (SEQRA}, Article 8 of the Environmental Conser- vation Law, and Section 44-4 of the Southold Town Code, the South- old Town Board of Appeals has determined the following-described project is classified as a Type II Action, not having significant adverse effects upon the environment. Pursuant to Section 617.5{a) of the New York State Environmental Quality Review Act, no further determination or procedure is required herein. This declaration should not be considered a determination made for any other depart- ment or agency which may also be involved or any other project not covered by the within application. Applicant has submitted an environmental assessment in the short form which indicates that no adverse effects were likely to occur to the environment. The subject property does not fall within 300 feet of tidal wetlands and pursuant to Sec. 661.4(B){1) and 661.7 of the Environmental Conservation Law, Article 25 would not require a permit by the N.Y.S. Dept. of Environmental Conservation. APrP.licant's ~ame: PETER V. IZZO. Appeal No. 2765. Description of Project: Approval of insufficient area and width of two proposed parcels located at the west side of Pine Tree Road, Cutchogue. Lots 34 and 35A, Map of Nassau Farms No. 1179. 1000-104-2-9 and 10. Date and Place of Public Hearing: December 29, 1980 at the Southold Town Hall, Main Road, Southold, New York. 7:35 p.m. Documents on File: Appeal Application, Notice to adjoining prop- erty owners with mail receipts, Surveys or Sketches of the proposed project, Notice of Disapproval from the Building Inspector, Notice of Hearing, Environmental Assessment in the short form, photocopy of the County Tax Map showing this property and the surrounding area, and other documents as may be required. Person to Contact for Additional Information: Linda Kowalski, Secretary to the Board of Appeals, Town Hall, Main Road, Southold, New York 11971. Telephone (516) 765-1809, or 1802 {Building Inspector). Dated: December 4, 1980. Copies to: Applicant or his agent. Town Clerk's Bulletin Board. Supervisor, Town of Southold. O O JUDITH T. TERRY · TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 December 1, 1980 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2765 applicationof Peter V. Izzo for a variance. Also included are notification to adjoining property owners as follows; Mr. M. Pisciotta, 60 Linden Street, Massapequa, N.Y.; Miss M.Dempewolf, Box 304, Cutchogue, N.Y. 11935; Mr. A. Zotto, 45-49 163rd Street, Flushing, N.Y. 11~8. ,// ,._a,~-".,-~'f .... T. Town Clerk Enclosures Skfffolk County Department of Planning, Lee Dennison Executive Office Ruildin~, Veterans ;:emorial Ili~h,..~ay l~auppau,-,e, I!e~.: York 11787. Town of Southold Board of Appeals January 22, 1981 Petitioner: Peter V. Izz0 Mun.. Pile No.: 2765 S.C.P,D. File I!o.: SD-81-1 · Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffo~: County Charter, the above captioned application which has been referred to the Suffolk County Planning Co~z~ission is considered to be a matter for local determ/nation. The decision of local determination should not be c~nstr~ed as either an approval or a disapproval. · Co~ents: The Bgard of Appeals should cautiously exercise its dlscret- ionary po~er in ~rantin~ such substandard lot area variances which only serve to undermine the effectiveness of the zonin~ ordinance? alter the character of the area and establish a precedent for the continuance of such a practice. GGi!: fp Very truly yours, Lee E. K°ppelman Director. of Plannin~ Ch ',-;' ' HENRY E. RAYNOR, Jr., Chairma~ FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. O Southold, N.Y. 11971 January 2, 1981 TELEPHONE 76S-1938 Mr. Charles Grigonis, Chairman Zoning Board of Appeals Town Hall Southold, New York 11971 Dear Mr. Grigonis: The Planning Board reviewed your referral regarding Peter V. Izzo who is seeking a variance of insufficient area and width of two proposed parcels located at the west side of Pine Tree Road, Cutchogue. The Planning Board would require this matter to follow the subdivision procedures of the Code of the Town of Southold if the variance is granted. As proposed the Planning Board would not approve this subdivision. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary Joseph H. Sawlcki TO: Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board FROM: Southold Town Board of Appeals DATE: December 10, 1980 SUBJECT: Application of Peter V. Izzo - Appeal No. 2765 The above-referenced appeal has recently been filed with this Board and has been scheduled for a public hearing to be held Monday, December 29, lg80. Applicant is seeking a variance for approval of insufficient area and width of two proposed parcels located at the west side of Pine Tree Road, Cutchogue, as shown on the attached map. Inasmuch as this is a matter which must be referred to your Board, the Board of Appeals would like to know: (1) whether or not your Board will require this matter to follow-up with the subdiitsion procedures of the if this variance were granted; Code {2) whether or not your Board will be approving the subdivision as proposed. Sincerely yours, CG:lk Enclosure CHARLES GRIGONIS, CHAIRMAN JR. O FORM NO. S O TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your .pplication doted ............................... ~.<.[..~., for permit to c~s~,~c~ ........................................ ~t the premises Iocoted ot .................................... ~/ ...... ~.~ ~.......~ ~.... ~ ........... Street CU Mop ~.~.~.~.....~.~ Block .......................... ~ ................. Lot ......... ~.~..~..~.~ ............... is ~,~,,d ~,r,~it~ ,,d di,o,,,owd o~ ~ ~o"ow;n~ ~,o,,d, ..... ~.~....~.~..~.....~.~....~.E~ ¢.~ ~.~.~.... ~.~......~....~.~ Z. ~. ...... ~... ~.~ .~.....~ ~ ...... ~.....~C ................. ..................................... ~ ................ ~...~ ................................................................. ~ ....................... Building Inspector 919 Harlane Circle North Bellmore, New York November 12, 1980 11710 Mr. George Fisher Building Department P.O. Box 728 Town Hall Southold, New York 11971 Dear Mr. Fisher: In 1970 I purchased a lot (#34) shown on the attached survey map of the Nassau Farms area, in Cutchogue. Prior to that in 1965 I bought a home situated on lot #35A, also shown on the map. It is my hope to sell our present home on lot 35A and then build a new home on lot #34. I realize that I must receive approval from the Town Board and therefore respectfully.submit this request through your office. In addition to the survey map I have also enclosed a copy of the Deed to lot #34. I appreciate your consideration of this matter and will be guided by your response. Respectfully, Peter V. Izzo encl. O TOWN CLERK 765-3783 Building Dept. Ftanning Bd. 765-2660 Board of Appeals 765-1809 TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, Board of Appeals .... Southold the ..................................... or zne zomm of .............................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) Appeal No. 2765. Peter V. Izzo glg Harlane Circle North Bellmore, NY ll710 ................ Special permits ..,X...X. ........ Variances Art. III, Sec. 100-31 Location of affected land: ~W~/~S~P~R~e~T~r~e~e~a~d~?~t~c~-~g~U~e~-~)~~?~: within 500 feet of: (check one or more) ...,X...X, ........ Town or village boundary line, or shore line L itt 1 e Creek ................ State or county road, parkway or expressway ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county owned parcel on which a public building is situated Comments. Public Hearing and decision rendered 12/29/80 ~ application without prejudice to future variances for yard setbacks, etc. Findings and filed material attached. Date: 1/20/81. (signed) Linda F. Kowalskt, Secretary Title Date received by Suffolk County Planning Commission ................................ .................................................... File No ................................. 257 S,^TE COU OF On the//~/~ da7 of Novemhe~1970 . beb~re me p~omlly ,~,~ LILLIAN FRANZ to mc known m be tb~ inc~vkluaI dffrcrflx:d ~n aocl who ~xccut~ thdoregoi~imu-umem, and acknowledged that she ~xecut~i thc saa~ STATE Of NEW YORK, COUNT~ OF £o me Imow~ who, bein$ by meduly sworo, did cteposeaml say tlmt he reskl~ at No. at]~d by o~cler o~ the baard o~ dirmm~ al hid caepora. fion, andthat hcs~3edh mmecherembyh*]cca~icr. STATE OF NEW YORK, COUNTY OF ~: O~ thc day o{ L~ , b{~o~ me m me known m be the incI~klual descn'bcd in and who STATE Of NEW YORK, COUNTY OF s~: wham I am 1~, ,,,rally ac~uaintec}, wl~ being by me ~uly With Covemmt A~almt GrtutoFs Acts ~tle No. L ILLIAN FRANZ TO PETER V. IZZO I~TER.COUNTY 'r~T~E GUABANTY MORTGAGE COMPANY 1927 Richard J. Cron, Esq. Main Road Cutchogue, N.Y. 11935 O30~00~H DEC I 1970 LESTER ~. ALV. ERT$O~/ Cle~ of ,Suffolk County [, 6818 THIS INDENTURE, made the day o£ November , nineteen hundred and seventy, EFrWE~4 LILLIAN FRANZ, residing at 6236 Comraunity Drive, ~r~yof thefirst pa~ md ?ETERV. IZZO, residing at 919 Harlane Circle, North Bellmore, New York, County of Suffolk and State of New York, known and designated as at Peconic, Suffolk County, New York, Otto W. Van Tuyl, Licensed Surveyor, Greenport, New York", filed in the Suffolk County Clerk's Office as Map No. 1179. O~fJECT to covenants, restrictions, reservations and agreements record~ if any, and SUBJECT to any state of facts that an ~ccurate survey may show. '~EING AND INTENDED to be the same premises conveyed to the party of the first part by Ralph W. Sterling by deed dated October 7, 1938, recorded in the Suffolk County Clerk's Office on October 10, 1938, in Ltber 2008 of deeds, page 500. AND the par/y of the first part covenant~ that the party of the first part has not done or suffered any- thing whereby the ~d premises .have been encumbered in any way whatever, except as aforesa/d. OFFICE OF R. E. TURRENTINE, JR., County Clcrk Harris County Houston, Texas CLERK'S CERTIFICATE--NOTARY PUBLIC CCRB 18318 THE STATE OF TEXAS COUNTY OF HARRIS I, the undersigned, County Clerk in and for the County of tlarris in the State of Texas, in the perforn~ance of the functions of my office, do__son by the name of is a .~..lary puldlc, duly commissioned and qualified ~ such for said County of Harris, in the State o! Texas and aulhorized by the laws of the State ol Texas to.act as such. And I further certify that the commission anti bond o[ sucht-., ~,P~'rs°n are duly filed anti r/.corded in 'my office as required by law and that said commission is dated ~.,t~/~,~t- , 19_~ ,and will e'Xpire June 1, 19~._~. In testimony where~j: I have hereunto set my hand and affixed the seal of my said office at my office in Houston, Texas~:~ff~,~,~,~19 7~ . R. E. TU~RENtI~INE, JR. County Clerk of Han~is County, Texas ~ ~NSTRUCT]ONS:' " ~ ~ I6' Order to answer tile questions in this short EAF it is assumed that the preparer vii11 use. currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations ~ill be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. ..' (d) E'nvi'ronmental Assessment 1. Will project result in o large physical change to the project site or physically alter more /No' than 10 acres of land? .............. Yes 2. Will there be o major change to any unique or Yes,~No -unusual land form ~ound on the site? .......... , ..... 3. Will project alter or here a large' effect on existing body of water? ....................... Yes 4. Will project have o potentially large impact on groundwater quality? ....................... Yes No 5. Will project signlficontly effect drainage flow on adjacent sites? .............. ~ ........ ~° Yes~ 6. Will project of~ect any threatened or endangered plant or animal species? ........... , Yes v/N° 7. Will project result in o major adverse effect Yes ~ Ho on air quolity? .............................. 8. Will project hove o major effect on visual character of the community or scenic views or vistas known to:be important to the community? Yes/No ~. Will project adversely impact any site or .' structure of historic, prehistoric or paleontological importance or any site designated os a critical environmental oreo by o local agency? ............ ~'"~'~'~'"""~'~''~ Yes o 10. Will project have o major effect on ex~stin9 or future recreational opportunities? ......... __Yes No 11. Will project result in.major traffic problems o~ cause o major e~fect 1o existing transportation systems? ....................... Yes I2. WiiI project .reguioriy cause objectionabIe odors, noise, gIare, vibration, or electrical disturbance os o result of the project's ' ~ o' . Yes operation? ..................................... - ,, 13. Will project have any impact on public health or.safety? .................................... Yes No 14. Will project affect the exlstin9 community by - directly causing a growth in permanent populetion of more than 5 percent over o one year period or hove o major negative effect on the choro%ter of the community or neighborhood? ............................... ~ Yes · the ' 15. Is there public controversy concerning Yes ~No project? ...................... ' ................ REPRESENTING '~~ DATE ~'/~'/~ '/~'~ (Today's Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application lon of P~roperty,: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good ..~ condition and at'least 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately __ feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, 0 0 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, .IR. T~. ..... T~ ...... ROBERT J. DOUGLASS GERARD P. GOENRINGER doseph H. Sawicki Southold Town Board o£Appeals MAIN ROAD- STAT[ ROAD 25 SOUTHOLD, L.I., N.Y. 11c~'71 TELEPHONE (516) 765-1809 November 17, 1980 Mr. Peter V. Izzo 919 Harlane Circle North Bellmore, NY 11710 Re: Proposed re-division of property located at Pine Tree Road, Cutchogue. Dear Mr. Izzo: Mr. George Fisher, Senior Building Inspector, has referred your matter to our office. I am enclosing herewith: (1) Notice of Disapproval from the Building Inspector, which you would be appealing by a variance application. (2) Variance application in triplicate and other related forms. (3) Notice (for be filled out and one owner by certified mai property owners are: adjoining property owners) which should copy forwarded to each adjacent property 1. Our records show that your adjacent Mr. Anthony Zotto (Lot 33) 50-42 185th Street Flushing, NY M. Pisciotta {Lot 35B} 60 Linden Street Massapequa, NY M. Dempewolf (Lot 36) Box 304 Cutchogue, NY 11935 Please confirm the above names and addresses with the Assessors Office at (516) 765-1937, Southold Town Hall, Main Road, Southold, New York 11971, in order to prevent any technical Page 2 Mr. Peter V. Izzo November 17, 1980 0 0 errors. All of these documents should be filed with the Office of the Town Clerk together with three surveys of your properties, certified mail receipts, and a $15.00 filing-fee check. The deadline for the December 4, 1980 meeting November 19, 1980. If you are unable to meet that the next filing deadline would be December 3, 1980 latter December {or early January) meeting. is Wednesday, deadline, for the Please do not hesitate to call our office if we can be of assistance to you. Sincerely yours, Enclosures Linda F. Kowalski Secretary Southold Town Board of Appeals OTOWN OF SOUTHOLD, NEW YORO APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL DATE ~~o TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ~ ..... ...~..~'g.~......~.'......~..~..~...~.. .......................... of ....~./..?......~'.,~.....~....~...l:.....~..t...~..~ ............................. Name of Appellant Street and Number ~e.~i'~./~r ~., ,~, /I71e ...... .../~..:..y..., ........... HEREBY APPEAL TO ......................................................................... State THE ZONING BOARD Of APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ' DATED A/el/ 14 I~O APPLICATION FOR PERMIT NO. ' ~ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1.LOCATION OF THE PROPERTY ~O& .................... ........................ ................................................................................. Map 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.) 3. TYPE OF APPEAL Appeal is made herewith for (~/) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack o~ access (State of New York Town Law Chap. 62 Cons. Laws Art. ]6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ~, Porto ZB1 _ . , (Continue on other side) /' ,~ _ REASON FOR APPEAL Continued O 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 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 3 Tine Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ST^TE OF NEW YORK COUNTY ss Signature Sworn to this P '. 19. ) ........... . ................................. day of .............................................. ~otory Public BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: YOU ARE HEREBY GIVEN NOTICE: NOTICE 1. T~intention of the undersigned to petition the Board of Appeals of the Town of Southold to request (~riance?~(Special Exception) (Special Permit) (the following relief: ). 2. That the property' which is t subjec f the Petition i_s located adjacent to your property and is des- 3. That the I~roperty which is the subiect of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ~--~ ~ - ~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: g::~,~_~-~_~ ~ ._'~a~_~'ae../~ --~ / 6. That within five days from the date hereof, a written Petition requesting the relief specified above will he 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. 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. Petitioner Postc?/gj~Office;~.~ ~ NAME PROOF OF MAILING OF NOTICF ADDRESS PS Form 3800, Apr. 1976 i PS Form 3800, Apr. 1976 Form 3800, Apr. 1976 OPTIONAL SERVICES I 9 J~i~ ~'! -~ SERvices Sworn to before me this . _ day of /~ O L)___ ., 19 ~ O Notary Public ,JOSEPH A. BERLIANT Notary Public, State of New York No 41-0263390 ~ Qualified i~ Oueefls Coullty · uertfficate filed in New York Count_ Commission Expires March 30, 19F?/ m STATE OF NEW YORK ) , residingat ?/c? Att,~-~/.~t/~ /J~ . /2zE't.t-~_t~te= ~ /-~/ ~ /v'lr 1/7/o ,beingdulysworn, deposesandsaysthatonthe ~/ day of . P0 (~ L) ,19 c-Q~/.~9 , deponent mailed a true copy of the Notice set forth on--"~r~e 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 [he current~,assess ,ment roll of the_To.wn of Sr~outhold; that said Notices were mailed at the United States Post Of- ce at I',.,~ V~/~ { /x/~p- C~/~-~/~/~/ ; that said Notices were mailed to each of said persons by (certified) ~) mail. / g FOR PARCEL N~ SEE SEC. NO. lC .7 A (c) %\\