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TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 2828 by application Dated May 7, 1981
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Edward P. Bertero
1240 Inlet Drive
Mattituck, NY 11952
8/21/81
DATE .......................
Appellant
at a meeting of the Zoning Board of Appeals on June 11, 19 8 1
was considered and the action indicated below 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 Ordinance Art. III, Sec.
( )
100-31
the appeal
1. ~"RI~D~ MglqCJ¢ ElK.)Df lg~X X~X ~K )~t~ ~l(r)~ MK X~K A~~ X ~)0X X X~K~i~X X~ ~ ~X X X X ]~M X
~a~ed ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the decision of Me Building I~pector ( ) be reversed ( ) be
co~irmed b~ause Public Hearing: 6/11/81: 7:15 P.M. Application of
Edward P. Bertero, 1240 Inlet Drive, Mattituck, NY for a Variance
to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of
insufficient area of two proposed parcels known as Capt. Kidd
Estates Subd. Lots 97 and 98, Filed Map #1672; also known as
1240 Inlet Drive, Mattituck, NY; County Tax Map Item No. 1000-
99-2-6.
(SEE REVERSE SIDE)
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce
hardship because
(SEE REVERSE SIDE)
practical difficulties or unnecessary
(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 (do~s) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
.(SEE VE SE 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.
CG :lk
FORM ZB4
ZONING BOARD OF APPEALS
By this appeal, appellant seeks permission to divide property
located at the east side of Inlet Drive and the south side of
Miriam Road, Mattituck, New York, into two parcels with insuffi-
cient area of approximately 20,000 square feet and 16,750 square
feet, and insufficient road frontage for Parcel No. 97 of 75 feet.'
It is the consensus of opinion of the Board members that the
topography of this property is only suitable for one one-family
dwelling, which already exists.
The Board finds that the relief requested is substantial in
relation to the Code requirements; that the relief requested is
not unique; that the spirit of the zoning ordinance would not be
observed if this variance were granted; that no substantial hard~.
ship-has been shown; and that the interests of justice would best
be served by denying the variance requested herein. -
On motion by Mr. Douglass, seconded by Mr. Sawicki, it was
RESOLVED, that Edward P. Bertero, be denied a variance to
the zoning ordinance, as requested in Appeal No. 2828.
Location of Property: Cpt. Kidd's Estates Subdivision
Lots No. 97 and 98; filed Map #1672; also known as 1240 Inlet
Drive, Mattituck, NY; County Tax Map Item No. 1000-99-2-6.
Vote of the Board:
Sawicki and Grigonis.
Ayes:
Messrs. Doyen, Douglass, Goehringer,
I RECEIVED AND FiLED BY
THE SOUTilOLD TOWN '~ ~;~
D~TE ~/~/ HOUR ~; JI7~/~
ToWn Clerk, Town of Southold
APPROVED
Today's D at'e:
Members Absent, if
Appeal No. 2828 .. ' '
Agenda Item/NIatter of: . BER_~ER0. EDWARD P._ '"
Type of Variance or Appeal: insufV~ient ..area 'of_~2 r_gp_o~s.e__d_parcels known as Capt.
Resol'ution made by:
Seconded by:
Kidd Est. S
GCrharles
~goms
( )
( )
Subd. Lots 97 & 98 at 1240 'Inlet Dr.,
~%~%% ~Rob~rt ~ Gerard Joseph.
~aWl~K1
~oennnger
( ) (V) . .( ) ( )/
( ) .( ) (') (
Matt.
Action:
) Approve as applied for
)/Deny as applied for
~ Deny
) Deny without prejudice
Withdrawn without
Prejudice
)
( ) Approve with the following conditions:
( ) S_~ubject to County planning referral
([/)"Subject to Planning Board approval
( ) Subject to D.E.C. requlations ( )
Other:
Findings of the Board are as follows:
Other:
( )
( )
( )
(,)
( )
( )
( )
( )
Vote
Notes:
Not Within the Character of the Neighborhood
Variance is Substantial in Relation to Code
If so, ~{.
Hardship not sufficient
Hardship or Difficulty NOt Unique
Will set a precedent in the neighborhood
Area is already very congested
Interests of justice served by denying
of the Board: Ayes: (¥) CG
Nay: ( )
Abstain: ( )
Absent: ( )
( ) Granting the Relief Requested is within
spirit of the zoning code
( ) Relief is not substmntial .'
( ) Burden of hardship or difficulty Shown
( )
( )
( )
(~D' (~RD (~G (~3S
() () .() ()
() () () ()
.() () () ()
and is unique
Variance will. not change character of
the neighborhood
Interests of Justice served by grantin§
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,'
a Regular Meeting and the
following public heatings will
be held by the Southold Town
Board of Appeals at the
Southold Town Hall, Main
Road, Southoid, NY on Thurs-
day, June 11, 1981 com-
mencing at 7:15 p.m. and as
follows:
Edward P.
a
ance,
two
ap Item No 1000-99-2-t
7:30 P.m. Application of
Anna L. Bertero, 955 Inlet
Drive, P.O. Box 977, Matti-
tuck, NY for a Variance to the
Zoning Ordinance, 'Art. HI,
Sec. 100-31 for approval of
insufficient area of three
.proposed parcels known as
Capt. Kidd Estates Subd. Lots
74, 75 and 76, Filed Map
#1672; also known as 955 Inlet
Drive, Mattituck, NY; County
Tax Map Item No. 1000-99-2-8
and 14.
7:40 p.m. Application of
Herbert Hoffman by Mrs.
Jules Adriaenssens, Box 76F,
R.R~#2, Mattituck, NY for a
Variance to the Zoning Ordin-
ance, Art. IH, Sec. 100-31 for
permission to construct dwell-
lng with insufficient front and
rear yard setbacks at Smith
Drive, Southold, NY; also
known as Goose Neck Subd.
Lots 106, 107, 113 and part of
114, Filed Map #1663; County
Tax Map Item No. 1000-76.
2-34.1.
7:55 p.m.. Applicatio~a
Susan C. Trentalange, 124
Cherry Valley AVenue, Garden
City, NYl1530 for a Variance
to the Zoning Ordinance, Art.
IH, Sec. 100-31 for permission
to construct deck with in-
sufficient 'front yard setback at
90 Haywaters Road, Cutch-
Ordinance Art. IH, Sec.
for permission to convert barn
with existing one-family use to
a two-family dwelling use at
the south side of New Suffolk
Avenue, Mattituck; bounded'
north by New Suffolk Avenue,
Cichanowicz, Dove, Reeve and
Brooks; west by Camp Mine-
ola Road, Reeve, Murphy,
Peters', Kirchgessner, Haber-
man, Smith, Norris and ors.;
south by the bay; east by
Wickham, Bagshaw and Park
Avenue; County Tax Map Item
No. 1000-11/3-9-4, (by A.A.
Wickham, Esq. as attorney).
9:15 p.m. Application of
Charles Bocklet, 1295 Robin-
son Lane, Peconic, NY (by
Peter R. Stoutenburgh as
agent) for a Variance to the
Zoning Ordinance, Art. IH,
Sec. 100-32 for permission to
construct swimming pool with
fence in front (and/or side-
yard) area at 1295 Robinson
Lane, Peconic, NY; bounded
north by Suskevich; west by
Robinson Lane and McQueen;
south by the bay; east by
Wood; County Tax Map Item
No. 1000-98-5.2, 3, 4.
Dated: May 22, 1981.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS, JR.,
Chairman
1T, 5/28/81 (7)
COUNTY OF SUFFOLK
STATE OF NEW YORK
SS:
Potricia ' ' ~,
v'vo,,d, being duly sworn, says that she
Editor, of THE LONG ISLAND TRAVELER-WATCH^
~ public newspaper printed at Southold, in Suffolk Co
and thct the notice of which the annexed is a printed
has been published in said Long Island Zraveler-W
man once each week for \
successively, commencing on the . .~.....~ ..........
dc( of .,....~...~ ..... ~' ............ ,
Sworn to before me this ......... ..~....
Notary'Public~
LEGAL NOTICE
OF HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Town Law and the
Provisions of th~ Amended
Code of the Town of Southold,
.a Regular Meeting and the
following public hearings will
be held by the Southold Town
Board of Appeals at the South-
old Town Hall, Main Road,
Southold, NY on Thursday,
June 11, 1981 commencing at
7:15 p.m. and as follows:
on of
Anna L. Bertero, 955 Inlet
Drive, P.O. Box .977, Matti-
tuck, NY for a Variance to the
Zoning Ordinance, Art. III,
Sec. 100-31 for approval of
insufficient area of three pro-
posed, parcels known as Capt.
Kidd Estates Subd. Lots 74, 75
and 76, Filed Map #1672; also
known as 955 Inlet Drive,
Mattituck, NY; County Tax
Map Item No. 1000-99-2-8 and
14.
7:40 p.m. Application of
Herbert Hoffman by Mrs.
Jules Adriaenssens, Box 76F,
R.R.#2, Mattituck, NY for a
Variance to the Zoning Ordi-
nance, Art. III, Sec. 100-31 for
permission to construct dwel-
ling with insufficient.front and
rear yard setbacks at Smith
Drive, Southold, NY; also
known as Goose Neck Subd.
Lots 106, 107, 113 and part of
114, Filed Map #1663; County
Tax Map Item No. 1000-76-2-
34.1.
7:55 p.m. Application of
S.usan C. Trentalange, 124
Cherry Valley Avenue, Gar-
den City,- NY 1153~ for a
Variance to the Zoning Ordi-
nance, Art. HI, Sec. 10~-31 for
permission to construct deck
with insufficient front yard
setback at 90 Haywaters Road,
Cutchogue, NY; also known as
Nassau Point Subd. Filed Map
#156 Lot 272; County Tax Map
Item No. 1000-111-2-4.
8:05 p.m. Application of
Keith and Arden Scott Mc-
Carny, 76375 Main Road,
Greenport, NY for a Variance
to the Zoning Ordinance, Art.
III, Sec. 100-32 for permission
to build garage in sideyard
area at 76375 Main Road,
Greenport, NY; bounded north
by Levine, Mazzaferro and
Corwin; west by Union Free
School Dist. No. 10 and Mazza-
ferro; south by Main Road;
east by Levine; County Tax
Map Item No. 1000-48-1-2.
8:15 p.m. Application of
Frank J. Abbadessa, 14 Wal-
den Place, Great Neck, NY
11020 for a Variance to the
Zoning Ordinance, Art. III,
Sec. 100-31 for permission to
construct addition to dwelling
with insufficient sideyard area
at 1200 Maple Lan~ & 55 Snug
Harbor Road, Greenport, NY;
Cleaves Point Sec. II Subd.
Filed Map #3521, Lot 40; Coun-
ty Tax Map Item No. 1000-35-
6-1.
8:30 p.m. Application of
Mobil Oil Corp., 464 Doughty
Boulevard, Inwood, NY 11696
for a Special Exception to the
Zoning Ordinance Art. VII 100-
70B & Art. XI 100-11SE for per-
mission to replace existing
nonconforming tanks at the
S/W corner of Main Road &
Youngs Avenue, Southold;
bounded north by S.R. 25;
west by Frohnhoefer; south by
Sullivan; east by Youngs Ave-
nue; County Tax Map Item
No. 1000-61-4-23.
8:45 p.m. Application of
Nicholas W. Ippolito, 36 Gehrig
Street, Commack, NY 11725
for a Variance to the Zoning
Ordinance, Art. III, Sec. 100-31
for permission to construct
addition to dwelling with in-
sufficient front, side and rear
yard setbacks at 230 Carol
Road, Southold, NY; bounded
north by Stachtiaris; west by
Carole Road; south by Hass;
east by Arshamomaque Pond;
County Tax Map Item No.
1000-52-2-7.
8:55 p.m. Application of
Peconic Corp., c/o Norris
Grain Co., Box 1058, Ocala, FL
32670 for a Special Exception
to the Zoning Ordinance Art.
III, Sec. 100-30 for permission
to convert barn with existing
one-family use to a two-family
dwelling use at the south side
of New Suffolk Avenue, Matti-
tuck; bounded north by New
Suffolk Avenue, Cichanowicz,
Dove, Reeve and Brooks; west
by Camp Mineola Road,
Reeve, Murphy, Peters, Kirch-
gessner, Haberman, Smith,
Norris and ors.; south by the
bay; east by Wickham, Bag-
shaw and Park Avenue; Coun-
ty Tax Map Item No., 1000-
115-9-4, (by A. A. Wickham,
Esq. as attorney).
9:15 p.m. Application of
Charles Bocklet, 1295 Robin-
son Lane, Peconic, NY, (by
Peter R. Stoutenburgh as
agent) for a Variance to the
Zoning Ordinance, Art. III,
Sec. 100-32 for permission to
construct swimming pool with
fence in front (and/or side-
yard) area at 1295 Robinson
Lane, Peconic, NY; bounded
north by Suskevich; west by
Robinson Lane and McQueen;
south by the bay; east by
Wood; County Tax Map Item
No. 1000-98-5-2, 3, 4.
Dated: May 22, 1981.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS, JR.,
CHAIRMAN
1TM28-3699
COUNTY OF SUFFOLI4,, !
STATE OF NEW YORK, ~ ss:
........ T?.o..y..G..tl.~.~.~?.~.o~ ............. being duly Sworn,
says that . 1~ .... is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper published at Greenport, in said
county~ and that the notice, of which the annexed is a printed
copy, .has been published in t'he ~aid Suffolk Weekly Times
once in each week, ~or ..... .O.l~.e. .................. weeks
successively commencing on the ... 28~[h .................
day of . .~ffl~ .................
.........
Sworn t o e t's .~-St~./~.,
clay of ...... ~[a~Y. ........ 19.8.l. I
............ ........
HELEN K. DE VOE
NOTARy PUBLIC, State of New York
No. 470787,~, Suffolk Oounl¥
Term E×p~reli March 30,
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,
a Regular Meeting and the following public hearings will be held
by the Southold Town Board of Appeals at the Southold Town Hall,
Main Road, Southold, NY on Thursday, June 11, 1981 commencing at
7:15 p.m. and as follows:
7:15 p.m. Application of E4ward P. BerteFo. 1240 Inlet
D
rive, Mattituck~ NY for a Variance to the Zoning Ordinance, Art.
I
II, Sec. 100-31 for aDPr~v~-i~f insufficient area of tWo proPOsed
%parcels known as Capt. Kidd Estates Subd. Lots 97 and 98, Filed
·
Map #1672; also known as 1240 Inlet Drive' MattitUck, NY,~coUnty
axMap Item No. 1000-99-2-6. ,.
7:30 p.m. Application of ~na L. Bertero, 955 Inlet Drive,
P.O. Box 977, Mattituck, NY for a Variance to the Zoning3Ordinance,
Art. III, Sec. 100-31 for approval of insufficient area of three
proposed parcels known as Capt. Kidd Estates Subd. Lots 74,75 and
76, Filed Map #1672; also known as 955 Inlet Drive, Mattituck, NY;
County Tax Map Item No. 1000-99-2-8 and 14.
7:40p.m. Application of..H_erbert Hoff~an by Mrs. Jules
Adriaenssens, Box 76F, R.R.#2, Mattituck, NY for a Variance'to
the Zoning Ordinance, Art. III, Sec. 100-31 for permission to
construct dwelling with insufficient front and rear yard setbacks
at Smith Drive, Southold, NY; also known as Goose Neck Subd. Lots
106, 107,113 and part of 114, Filed Map #1663; County Tax Map Item
No. 1000-76-2-~34.1.-
7:55 p.m. Application of Susan C. Tren~alange, 124 Cherry
Valley Avenue, Garden City, NY 11530 for a Variance to the Zoning
Ordinance, Art. III, Sec. 100-31 for permission to construct deck
with insufficient front yard setback at 90 Haywaters Road, Cutchogu~,
NY; also known as Nassau Point Subd. Filed Map #156 Lot 272;
County Tax Map Item No. 1000-111-2-4.
O
Page 2 - Board of Appeals
Regular Meeting of June 11, 1981 legal adv.
8:05 p.m. Application of Keith and Arden Scott McCamy, 76375
Main Road~ Greenport, NY for a Variance to the Zoning Ordinance,
Art. III, Sec. 100-32 for permission to build garage in sideyard
area at 76375 Main Road, Greenport, NY; bounded north by Levine,
Mazzaferro and Corwin; west by'Union Free School Dist. No. 10 and
Mazzaferro; south by Main Road; east by Levine; County Tax Map
Item No. 1000-48-1-2.
8:15 p.m. Application of Frank J. Abbadessa, 14 Walden Place,
Great Neck, NY 11020 for a Variance to the Zoning Ordinance, Art.
III, Sec. 100-31 for permission to construct addition to dwelling
with insufficient sideyard area at 1200 Maple Lane & 55 Snug Harbor
Road, Greenport, NY; Cleaves Point Sec. II Subd. Filed Map #3521,
Lot 40; County Tax Map Item No. 1000-35-6-1.
8:30 p.m. Application of Mobil Oil Corp.~ 464 Doughty Boule-
vard, Inwood, NY 11696 for a Special Exception to the Zoning Ord-
inance Art. VII 100-70B & Art. XI 100-118E for permission to
replace existing nonconforming tanks at the S/W oorner of Main
Road & Youngs Avenue, Southold; bounded north by S.R. 25; west by
Frohnhoefer; south by Sullivan; east by Youngs Avenue;County Tax
Map Item No. 1000-61-4-23.
8:45 p.m. Application of Nicholas W. Ippolito, 36 Gehrig
Street, Commack, NY 11725 for a Variance to the Zoning Ordinance,
Art. III, Sec. 100-31 for permission to construct addition to
dwelling with insufficient front, side and rear yard setbacks at
230 Carol Road, Southold, NY; bounded north by Stachtiaris; west
by Carole Road; south by Hass; east by Arshamomaque Pond; county
Tax Map Item No. 1000-52-2-7.
8:55 p.m. Application of Peconic Corp., c/o Norris Grain
Co., Box 1058, Ocala, FL 32670 for a Special Exception to the
Zoning Ordinance Art. III, Sec. 100-30 for permission to convert
barn with existing one-f~nily use to a two-family dwelling use at
the ~outh side of New Suffolk Avenue, Mattituck; bounded north by
New Suffolk Avenue, Cichanowicz, Dove, Reeve and Brooks; west by
O
Page 3 - Board of Appeals
Regular Meeting of June 11, 1981 legal ady.
Camp Mineola Road, Reeve, Murphy, Peters, Kirchgessner, Haberman,
Smith, Norris and ors.; south by the bay; east by Wickham, Bagshaw
and Park Avenue; County Tax Map Item No. 1000-115-9-4, (by A. A.
Wickham, Esq. as attorney).
9:15 p.m. Application of Charles Bocklet, 1295 Robinson
Lane, Peconic, NY, (by Peter R. Stoutenburgh as agent) for a
Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for per-
mission to construct swimming pool with fence in front (and/or
sideyard) area at 1295 Robinson Lane, Peconic, NY; bounded north
by Suskevich; west by Robinson Lane and McQueen; south by the bay;
east by Wood; County Tax Map Item No. 1000-98-5-2, 3, 4.
Dated:
May 22, 1981.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS, JR., CHAIRMAN
Instructions to newspapers: Please publish once, to wit, Thursday,
May 28, 1981 and forward 10 affidavits of publication to:
Mrs. L. Kowalski, Secretary, Board of Appeals, Town Hall, Southold,
NY 11971, as soon as possible.
Addendum to Legal Notice
6/11/81 Board of Appeals
Regular Meeting
On Tuesday, May 26, 1981, copies to:
Mr. Edward P. Bertero
Anna L. Bertero
Mr. Herbert Hoffman
Mrs. Jules Adriaenssens (as agent for Mr. Herbert Hoffman)
Mrs. Susan C. Trentalange
Mr. Arden Scott McCamy
Mr. & Mrs. Frank J. Abbadessa
Mr. Nicholas W. Ippolito
Mr. Charles Bocklet
Mr. Peter R. Stoutenburgh (for Mr. Charles Bocklet)
Abigail A. Wickham, Esq. for Peconic Corporation
Peconic Corporation c/o Norris Grain Co.
Mobil 0il Corporation
Harold J. Van Brunt (Project Manager, Fenley & Nicol Co., Inc.)
Grigg's Service Station
Z.B.A. members
T.B. members
Supervisor
Town Attorney
Town Clerk Bulletin Board (posted May 26, 1981)
Appeal Files
Southold Town Board of Appeals
MAIN REIAD- -~TATE RI3AD 25 Sl3UTHI3LD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD'
MEMBERS
CHARLES GRIGONIS, .JR., CHAIRMAN
SERGE DOYEN, JR. NOTICE OF DECLARATION
, L, ..... UTH:L'
ROBERT .1. DOUGLASS PURSUANT TO
GERARD P. GOEHRINGER N.Y S ENVIRONMENTAL QUALITY REVIEW ACT
Joseph H. Sawicki · '
Appeal No. 2828
Application of: Edward P. Bertero
Location of Property in Question: 12h.0 Inlet Drive, Mattituck, NY a/k/a/
Captain Kidd Estates Subd. Lots 97 & 98
County ~Tax Map Item No. 1000-99-2-6 ~
Project Proposed by Appeal Application: Approval of insufficient area of
two proposed parcels.
ENVIRONMENTAL DECLARATION:
Pursuant to Section 617.13 of the N.Y.S. Department of
Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, and Section 44-4 of the Southold Town Code,
notiCe is hereby given that the Southold Town Board of Appeals
has determined that the subject project as proposed herein is
hereby classified as a Type II Action not having a significant
adverse effect upon the environment for the following reason(s):
An Environmental Assessment in the Short Form has been
submitted which indicates that no significant adverse effects
were likely to occur should this project be implemented as
planned.
The property in question is not located within 300 feet of
tidal wetlands.
This declaration should not be considered a determination
made for any other department or agency which may also be involved,
nor for any other project not covered by the subject appeal appli-
cation.
Dated: June 30, 1981 BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
Copies to: Town Clerk Bulletin Board
ApPlicant
ZBA file
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, .IR., CHAIRMAN
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
JOSEPH H. SAWlCKI
O
MAIN ROAD- STATE ROAD 2.5 E;DUTHE3LD, L.I., N.Y. 1197]
TELEPHONE (516) 765-1809
July 15, 1981
Mr. Edward P. Bertero
P.O. Box 977
Mattituck, NY 11952
Dear Mr. Bertero:
This is a Notice of Declaration pursuant to the New
York State Environmental Quality Review Act (New York SEQRA).
It does not indicate the decision of the Board of Appeals.
The official, final copy of the decision of the Zoninq
Board of Appeals is not yet ready for mailing. You will
receive a copy of the decision as soon as possible.
Thank you for your cooperation.
Sincerely,
Eileen M. Carey, Secretary
Zoning Board of Appeals
Enclosure
0 0
Southold Town Board o£Appeals
.
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
TO:
Mr. Henry E. Raynor, Chairman
Southold Town Planning Board
FROM:
Southold Town Board of Appeals
DATE: ~
SUBJECT:
May 25, 1981
Determinations purSuant to Chapter A106-13
Dear Henry:
Pursuant to Chapter A106-13 of the Town Code, your determinations
concerning the matters listed below are requested. If it is the
Board's determination that any of these.matters will require pro-
cessing as a new subdivision, please do not hesitate to give us
your comments or recommendations on the layouts as proposed herein.
Thank you for your cooperation.
Matter of
BERTERO, Edward P.
Location of Property
Cpt. Kidd Ests. Lots No. 97 and 98
BERTERO, Anna L.
Cpt. Kidd Ests. Lots No. 74, 75 and 76
Yours very truly,
CHARLES GRIGONIS, JR.
CHAIRMAN
CG:lk
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
TELEPHONE
(516) 765-1801
Southold, L.I.,N.Y. 11971
May 7, 1981
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2828 application of Edward P.. Bertero
for a variance. Also included are'motification to adjoining property owners,
Notice of Disapproval from the Building Inspector, short environmental
assessment form, and wetland questionnaire.
JTT/bn
Enclosures
Judith T. Terr4y
Town Glerk
FORM NO. 3 0
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
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...~:x.:~.:~ ~ ~ ~. .~ .-~. ....
~s~ ~ ~o~c~ t.a~ ~ou~ a~p~i~a~io.,~t~ ..... ~:~..~ ....... , ~9 :/.
for pe~it to~.. ~.~ ~~...~ ~~~...~. .................. at
Location of Property .H~~. ....
County Tax Map No. ~000 S~tion ...~.~.... Block . .~.~ ....... ~t . .~ .......
Subdivision ~. ~ ~ F~ed Map No ..... /' ~. ~... Lot No .... ~:. ~.~..
is returned here~ with and disapproved on the follow~g ~ounds. ~~~~. ~/~~
Bmldmg Inspector
RV 1/80
SHORT
INSTRUCTIONS:
F~VIRONMENTAL ASSESS},IENT FO~
answer the questions in this short EAF it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of the action. It is not expected that,
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be
significant and o completed Environmental Assessment FOrm xs necessary.
(c) ]f oll questions have been answered No it is liJ-,el¥ tho% this
project is not significant. . .
Environmental Assessment
(d) '1. Will project resu'l% in o large physical change
to the project' site or physically alter more
than 10 acres Of' land? ........................ Yes_~No
2. %'till there 'be o major change to any unique or
-unusual land form found on the site? .......... Yes ~ NO
3. Will project alter or have a large" effect' on
existing body of water? ....................... , Y.esk N..o
4.. %'till project have a potentially large impact ,
on groundwater quality? ....................... Yes<; No
5. ~'till project significantly effect drainage
flow on adjacent sites? ....................... ,' Yes~. No.
6. %~ill project affect any threatened or
'endangered plant or animal species? ........... _ Yes X No
7. %'/ill project result in o major adverse effect
Yes.
on air quality? ............................... ·
. 8. %'/ill project have o major effect on visual
character of ~he community or scenic views or.
vistas known to-be important to the community?. 'Yes
~. %'~ill project adversely impact any site or
structure of historic, prehistoric or ..
paleontological importance or any site
designated os o critical environmental a~eo
lO. %rill project hove o mo]or o~ ;×i~£ng '
or future recreational opportunities? ......... . , ,Yes.)(,No
'11. Will project result in.~ojor traffic problems
· o~. cause o major effect to existing
transportation systems? ....................... Yes~
12. W~ll pro~ect .regularly cause objectionable
odors, noise, glare, vibration, or e.lec%ricol :
disturbance as o result of the project's
. . .Yes.)<, ,No
operation? ..... ' .... ' ............................ -
13. %~ill 'project have any impact on public health
Yes kNo
or .safety? ..................................... -
14. %Vill project affect the existing community by
direc~l¥ causing o growth in permanent
population of more than 5 perce,nt over o one
year period or hove o major negative effect
on the charo--cter of the community or
neighborhood? ................................. · Yes )~ No
15. Is there public controversy concerning the
project? .................. Yes No
PREPARER'S SIGNATURE .....
REPRESEIqTING
O O
(Today' ~ Date)
To:
Re:
Southold Town Board of Appeals
Main Road
Southold, NY 11971
Appeal Application of .'~,a~ aS///.,~/_a
Location of_Property: .
Dear Sirs:
In reference to the New York State Tidal'Wetl'ands 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 atl 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.
[ ]
Maybe 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.C.D.E.C.]
Sincerely yours,
(Signatur~ ~le~se)
O O
TOWN OF $OUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
DATE .~..'7..(..~4P/. ....
Name of Appellant Street and Number
...................."" ~-~" ~.~.././.. z~..~.~./.~ ......................................... ~""/'"~;"S,o ..........
f~EREBY
APPEAL
TO
Municipality
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
..................................... ..... ...........
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
Name of Applicant for permit
of ..... ~,~.~..~...~...~./..c ./.....~x...,.xc. ..... ~.~.,..t..,r...c...~ .... ~.~ ...................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY ./...~..~...~...,~...~../~'./...../,~..~.//Z..~ ..... ..~.:.~.~.~.../~.t~.~.:...~...~..~.~-..
Street Use D~strict''-- on Zoning Mop
.......................... l~...~..~ .................... ~..=~£
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.)
,4',,,'7~Z~'_ -_q-~ c /,~ - ~/
3. TYPE OF APPEAL Appeal is made herewith for
~ A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Consl Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal ('l,m~(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 ................................. Dated ......................................................................
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that
Form ZB1
(Continue on other side)
L
O O
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP becouse
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. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF'THE DISTRICT because
STATE OF NEW.~YORK )
COUNTY Of~l ss
Signature
Sworn to this ...................... /..~...i-~'i'~'i.'~i"day of .............. . ........................ 1
tam E~ires March 30, 19.
1. STRICT ~PPLICATION OF THE ORDINANCE would produce practical
difficulties or unnecessary HARDSHIP because it has prevented
the disposition of a vacant parcel of land describe4 as Lot 98
on the map of Capt. Kidd Estates.
As a retired senior citizen living on a limited pension,
experiencing the ever increasing real estate tax rate and inflation
in general it has become advisable to dispose of said lot 98.
~Pesent zoning does not permit disposition of the vacant parcel~.
per se. However, approval of a variance ~ould permit such a
transaction and substantially lessen my financial burden.
_j I I I I IIII ..JIII II I IIIII I is,
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
to the Board of Appeals of the Town of Southold
TO:
NOTICE
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of.the Town of Southold
to request a (Variance) (Special Exception) (Special Permit) (the following relief: .k/'
o
2. That the propert which, is t.h~ sl~bje,~t of_.tbe Petition is located adjacent t_o your property and is des-
cribed as follows: ~.~' .~~ ~;~~ .~'~'~_ ~. ~.'~.~-~
3. That the property which is the subjec~fof such P~ition is located in ti!e following zoning district:
4. That by such Petition, the undersigned will~ request the following relief:
$. That the provisions of the Southo~m.~n Zoning Code applicable to the relief sought by the under-
signed are: ~ _ ~
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 ma), 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.
Dated:..~t~/'7 /t~(
Petitioner
Post Office/~.~,j .,~ ~ ~s
PROOF OF MAILING OF NOTICE
NAME
ADDRESS
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) ss.:
~7~ ~ ..,~~z~
~; ~-~ ~/:9 , being duly sworn, deposes and says that on the ~'~ day
of ..... ~ ~cj ( ,19 _~_~__, deponent mailed a true C~py of the Notice set forth on-the re-
verse sid~hereof, directe~l 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 ass~ess_m~,nt roll of the To.wn ~f~ouL~bold; that said Notices were mailed at the United States Post Of-
rice at ~ ~ ~ ~_~c~/~ ; that said Notices were mailed to each of said persons by
(certified) (regi~tere~l) mail.
·
Sworn to befoE~n~ this
day of ~"~'/~t,t/ ...,. ,'19
Notary Public
ELIZABETH ANN NEVILLE
NOTARY PUBLIC, State of New York
NO. 52-8125850, Suffolk Cou~c~
Term Expires March 30,
O O
FORM NO. 6
TOWN OF SOUTHOLD
Building Department
Town Hall
Southold, N.Y. 11971
APPLICATION FOR CERTIFICATE OF OCCUPAN(~Y
Instructions
Ao
Bo
This application must be ~illed in typewriter OR ink, and submitted in duplicate to the Building Inspec-
tor with the following; for new buildings or new use:
1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual
natural or topographic featu res.
2. Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal).
3. Approval of electrical installation from Board of Fire Underwriters.
4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa-
tions, a certificate of Code compliance from the Architect or Engineer responsible for the building,
5. Submit Planning Board approval of completed site plan requirements where applicable.
For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing"
land uses:
1. Accurate survey of peoperty showing all property lines, streets, buildings and unusual natural or
topographic features.
2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings.
3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa-
tion required to prepare a certificate.
Co
Fees:
1. Certificate of occupancy $5.00
2. Certificate of occupancy on pre-existing dwelling or land use
3. Copy of certificate of occupancy $1.00
$5.00
Date....J/~.../'~'../..~..~. ( ........
New Building ............. Old or Pre-existing Building ............ Vacant Land .... I,'...~. ·...
.......
etlon of Property ....... ~-~,. f, .... l...~..~. ...
House No. Street Ham/et
Owner or Owners of Property ....~".~.~,~ ~.Y.~... ~ ~)~.-..~.~..~..(~..('~. · ........................
County Tax Map No. 1000 Section~ .~.. ~. ......... Block .... -~. ........ Lot ..... ~.....~.. · ·
Subdivision ~~.....~...~...~.~i ...... Filed Map No.~.~./.~.~.~...Lot No. '~'~'~""¢7' ' '
Permit No ........... Date of Permit .......... Applicant ..................................
Health Dept. Approval ........................ Labor Dept. Approval ........................
Underwriters Approval ........................ Planning Board Approval ......................
Request for Temporary Certificate ..................... Final Certificate .......................
Fee Submitted $ .............................
Construction on above described building and p~m~ meets all applic,~J;jle c~'~s an~ regulations.
Applicant ..... ~'~.. ~..':. ~~ ................
Rev. 10-10-78
Oisf~-~cf
;104 £I -;f' tO
/0.3; , 0S ...... G
",",. I0,?.
k
IOk) / ,
January 31,1~7 and f~at concret6
manume~s have oeen sef by mc as shown
289,000
SEE SEC.
NO. I~0
MATTITUCK
DISTRICT
MATTITUCK PARK
DISTR:CT
16.3 A (c)
PARK
/(~ ~//ia
2.6A(c)
HWM~
2
4.7 A(c)
N
2
1.6 A(c)
/ /
7
t. 5 A{c)
2.0 A (c)
Legend
Re,;isions
#2828