HomeMy WebLinkAbout2827
TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 2827 by application
Dated May 7, 1981
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
DATE .... 9./.1.~.81
To Anna L. Bertero AppeLant
955 Inlet Drive, P.O. Box 977
Mattituck, NY 11952
at a meeting of the Zoning Board of Appeals on June 11, 1981
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 Zohing Ordinance
( X) Request for a variance to the Zoning Ordinance Art. III, Sec.
( )
100-31
the appeal
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: 6/11/81: 7:30 P.M. Application of
Anna L. Bertero, 955 Inlet Drive, P.O. Box 977, Mattituck, NY for
a Variance to the Z~ning Ordinance, Art. III, Sec. 100-31 for
approval of insufficient area
Capt. Kidd Estates Subd. Lots
also known as 955 Inlet Drive,
No. 1000-99-2-8 and 14.
(SEE REVERSE SIDE)
of three proposed parcels known as
74, 75 and 76, Filed Map #1672;
Mattituck, NY; County Tax Map Item
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)
(e) 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.
CG: lk
FORM ZB4
ZONING BOARD OF APPEALS
After investigation and personal inspection, the Board finds
and determines as follows:
By this appeal, appellant proposes to divide premises into
three parcels, containing areas of approximately 12,000, .11,000
and 9,000 square feet. Existing on the southerly propose-d parcel
(approx. 9,000 sq. ft.) is an existing one-family dwelling with
garage. It is the opinion of the Board that the entire premises is
not buildable, in effect, for three dwellings.
The Board finds that the relief requested is substantial in
relation to the Code requirements of 40,000 square feet; that -
the relief requested is not unique; that the spirit of the zoning
ordinance would not be observed if this relief were granted; that
a hardship or practical difficulty has not been shown; and that
the interests of justice would best be served by denying ~he
variance requested herein.
On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was
RESOLVED, that Anna L. Bertero be denied a variance to the
zoning ordinance without prejudice for approval of insufficient
area of three proposed parcels as applied for in Appeal No. 2827.
Location of Property: Westerly side of Inlet Drive, Mattituck,
NY; County Tax Map Parcels No. 1000-99-2-8 and 14; Capt. Kidd
Estates Subdivision Lots No. 74, 75 and 76; Subdivision Filed Map
No. 1672.
Vote of the Board:
Goehringer and Sawicki.
Ayes:
Messrs. Grigonis, Doyen, Douglass,
APPROVED
Chairman Board o~ppeal~'
Southold Town Board of Appeals
MAIN ROAD' STATE: ROAD 25 SOUTHOLD, L.I. N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
Joseph H. Sawicki
September 15, 1981
Dear Si r:
Enclosed' herewith is a copy of the filed decision of your
recent appeal before the Board of Appeals for a variance or
special exception. Please be sure to return to the Building
Inspector for approval of the building permit and/or certificate
of occupancy and that compliance has been met with all applicable
conditions of your variance prior to the issuance of same when
appropriate.
If you have any questions, please do not hesitate to call.
Yours very truly,
CG:lk
Enclosure
CHARLES GRIGONIS, JR.
CHAIRMAN
Today' s Dat'e:
Members Absent, ii any:
Appeal No. 2827
Agenda Item/Matter o£:
BER%ER0, AN~.A L.
Type of Variance or Appeal: ..insu~ient..,area o$. 3 propQse__d~parcels known as
Kidd Est. s' Subd. Lots 74,75,76 at 955 · Inlet Dr.,
Capt.
Matt.
Action:
GCrharles
~goms
Resolution made by: ( )
Seconded by: ( ~
( ) Approve as applied for
( ) Deny as applied for
( ) Deny
( %.)"Deny without prejudice .
( ) Withdrawn without
Prejudice
( )
{)%~% ~Robert ~ Gerardrm~
osemh.
Douglass ~awlcK1
. t, oen./er
( ) ( ) . .(~) .. ( )
( ) ( ) (') ( )
( ) ApProve with the follo~in9 Conditions:
(V~/Subject to County Plannin9 referral
( ) Subject to Plannin9 Board approval
( ) Subject to D.E.C. re.qulations ( )
Other:
Findings of the Board are as follows: ~( ~9 '*f~,(2jd/~ /2~fl~X~
Other:
( ) Granting the Relief Requested is within
spirit of the zoning code '
( ) Relief is not substmntial .. ~'
( ) Burden of hardship or difficulty Shown
and is .unique
( ) Variance will not chan§e character of
the neighborhood
Interests of Justice served by §ranting
( )
( )
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 ( )
( )
Vote of the Board : Ayes: (v~)CG (¢SD' ~"/R
( D
Nay: ( ) ( ) ()
Abstain: ( ) ( ) ( )
Absent: ( ) . ( ) ( )
.() .()
() ()
() ()
Notes:
C O
THnHAS A, TWOMIry. JR,
STEPHEN IL LATHAH
ZIG SI~HMITTe
RDSERT D. PIKE
· ~ ADMITT"rD IN DIITRICT QIr
TWOME:Y, LATHAM & ~HMITT
AI"TERN[Y. AT LAW
P. O. BOX 398
33 WEST SECOND STREET
RIVERHEAD, N. Y. I lC301
June 1, 1981
10 HAIN STREET
£AST HAMPTON. N. ~ 11937
Mrs. Bertero
955 Inlet Drive, P.O. Box 977
Mattituck, NY 11952
Dear Mrs. Bertero:
I represent Mrs. Rossi, your neighbor who
owns lot 73 in the Captain Kidd Estates. She
has received a notice from the Town of Southold
with regard to the application you have submitted
to the Zoning Board of Appeals.
She is concerned that a future owner of the
property might disturb the embankment and in turn
her retaining wall between lot 73 and 74. In
order to help us insure that her rights to lateral
and subjacent support are maintained, we would
like you to consider adding, as a condition for
subdivision and development of the property, a
requirement that the retaining wall not be disturbed
and that any building or construction on lot 74
be located a minimum of 30 feet from the retaining
wall.
If you would like any further information
about our request, please feel free to contact
me.
Sincerely,
Robert D. Pike
RDP: lam
tJ C.
Di:sftic
~.,/4 I N tx DI-) ESTRTE...q
KEY MA P
k
')'..j o 1.%
by m~c'rcm actual surveya cern?lcd'ed
JanuCrv 31¢ t~47 ~t '/'hat cc.~cret6
THOMAS A. TWDMEY, de.
STEPHEN B. L.ATHAM
Zlra Sr-HMITT·
ROBERT D. PIKE
JOYCE ~r ROOP ~ ·
· ADMITTED IN N.Y. A lei.A.
· · ADMITTED IN DIITRI~T OF' I~OLUMBIA
'FwoM£Y~ L,ATHAM & SCHMITT
ATTORNEYB AT LAW
P. O, BOX 398
23 W[etT ECONO STREET
RIYERH£AD. N.Y. 119DI
516 ,727-21Bn
June 10, 1981
EAST HAMPTON, N. ¥. ! 193'7
of p! eals
Tow, athold
Re:
Application to ZBA for
variance - Anna Bertero (Zaenker)
Mr. Charles Grigonis, Jr.
Chairman, Zoning Board of Appeals
Main Road, Town Hall
Southold, N.Y. 11971
Dear Mr. Grigonis:
This firm represents Mrs. Rossi, the owner of
property adjoining the subject premises in the above
matter. As the attached letter to Mrs. Bertero
indicates, our client is concerned that her retaining
wall situated inside of her property line will be
damaged by construction or disturbance of the ground
within 30 feet of the property line. In the event you
choose to grant the variance, we respectfully request
that you condition such permission on a 30-foot setback
requirement.
Sincerely,
Robert D. Pike
RDP: jo
enc.
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 Thurs-
day, June 11, 1981 com-
mencing at 7:15 p,m. and as
follows:
7:15 p.m. Application of
Edward P. Bertero, 1240 Inlet
Drive, Mattituck, NY for a
Variance to the Zoning Ordin-
ance, Art. III, Sec. 100-31 for
approval of insufficient area of
two proposed parcels known as
Capt. Kidd Estates Sub& Lots
97 and 98, Filed Map #1672;
also known as 1240 Inlet Drive,
Mattituck, NY; County Tax
Map Item No. 1000-99-2-6.
_77:31) p.m. gpplicatio,n of
~nna L R~-rtero~ ~ Inlet
Drive, P..O_ Rn. 077. Ma~
'frick. NY for a Varlane~ to the
:~nin~ C~,U,,,ee. Art. I~
Sec. 100-31 for annroval of
in_sufficient area of thl~-
.~roposed parcels known a~g
~Captt Kidd Estates Subd. Lo~§
T4t 7~'~and 7fi.-l~iled Man
~3r1672; also known as 955 Inlet
~Drive, Mattituck. NY: County
Tax rvl~u Item No, ~000-99-2-8
~nd 14.' ''
~"*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. III, Sec. 100-31 for
permission to construct dwell-
lng with insufficient front and
rear yard setbacks at Smith
Drive, Southold, NY; ~bo
known as Goose Neck Subd.
.Lots 106, 107, 113 and part of
I14, Filed Map #1663; County
Tax Map Item No. 1000.76.
2-34.1.
7:55 p.m. Application of
Susan C. Trentalange, 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 in-
sufficient front yard setback at
90 Haywaters Road, Cutch-
ogue, 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 per-
mission to build garage in
sideyard area at 76375 Main
Road, Greenport, NY; bound-
ed north by Levine, Mazza-
ferro and Corwin; west by
Union Free School Dist. No. 10
and Mazzaferro; south 'by
Main Road; east by Levine;
County Tax Map Item No.
1/~k'L4R. 1 .~.
a two-family dwellifig' fis~-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. 1000-115-9-4, (by A.A.
Wickham, Esq. as attorney).
9:15 p.m. Application of
Charles Buckler, 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 MeQueen;
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:
Patricia Wood, being duly sworn, says th
Editor, of THE LONG ISLAND TRAVELER-W
a public newspaper printed at Southold, in. Suf
and that the notice of which the annexed is a;
has been published in said Long Island Zra,
man once each week for ............. ~ ...............
successively, commencing on the .... .?......~.. ....
da~....~ ................... 19.
Sworn to before me this ~
..... ~me~...'7. .................... , 19...'~.3,.
CLEMENT d. ?HOMPSON
NOTARY PUBLIC, State ~ New '(ork
N~, 52-9321725
h, esidjng in Suffolk ~uai~ ~
LEGAL NOTICE
OF HEARINGS
NOTICE IS HEREBY
-IVEN, pursuant to Section
37 of the Town Law and the
'rovisions of the Amended
!ode of the Town of Southold,
Regular ~Meeting and the
~llow.ing public hearings will
,e held by the Southold Town
~oard of Appeals at the South-
id Town Hall, Main Road,
~outhoid, NY on Thursday,
~une 11, 1981 commencing at
:15 p.m. and as follows:
7:15 p.m. Application of
~dward P. Bertero, 1240 Inlet
)rive, Mattituck, NY for a
/ariance to the Zoning Ordi-
mnce, Art, III, Sec. 100-31 for
~pproval of insufficient area
ff two proposed parcels known
~s Capt. Kidd Estates Subd~
Lots 97 and 98, Filed Map
~1672; also known as 1240 Inlet
Drive, Mattituck, NY; County
l'ax Map Item No. 1000-99-2-6.
Tax
p.m. Application of
terbert Hoffman by Mrs.
Iules Adriaenssens, Box 76F,
~.R.#2, Mattituc, k, NY for a
/ariance to the Zoning Ordi-
lance, Art. III, Sec. 100-31 for
)ermission to COnstruct Owel-
·ing with insufficient front and
:ear yard setbacks at Smith
Drive, Southold, NY; also
~nown as Goose Neck Subd.
Lots 106, 107, 113 and part of
t14, Filed Map #1663; County
Fax Map Item No. 1000-76-2-
34.1.
7:55 p.m. Application of
Susan C. Trentalange, 124
Cherry Valley Avenue, Gar-
den City, NY 11.530 for a
Variance to the Zoning Ordi-
nance, Art. III, Sec. 100-31 for
permlsmon to construct deck
with insufficient front yard
setback at 90 Haywaters Road,
Cutehogue, 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.
east by Arshamomaque Pond;
County Tax Map Item No.
1000-52-2-7.
8:55 p.m. Application of
Peeonie 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 Boeklet, 1295 Robin-
son Lane, Peeonic, 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
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COUNTY OF SUFFOLK,
STATE OF NEW YORK, ~ ss:
Troy Gustavson
says that ..h.e ..... is Printer and Publisher of
WEEKLY TIMES. a newspaper pubtished at Gre~
county: and thut the notice, of which the annex~
copy. ,has been published in the said Suffolk
once in each week, for ...0~,~. ...............
successively commencing on the ...~.~.~ .....
day of .....
Sworn to before me this . .~.~1~..~..
dayof ........ I~. ~y. ...... 19.~.~...
............
H£L£~ K DE VO£
NOTARy PUBLIC, State of New Yo
No. 4707878, 'Suffol~ County_
Term £xp~res March 30, 19~r
O
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 Edward P. Bertero. 1240 Inlet
Drive, Mattituck? NY for a Variance to the zoning Ordinance, Art.
III, Sec. 100-31 for a~pr~v~lJ'~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
Tax Map Item No. 1000-99-2-6.
· III, Sec. 100-31 for approval of insufficient area of three
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.
7:30 p.m. Application of ~na L. Bertero, 955 Inlet Drive,
Box 977, Mattituck, NY for a Variance to the Zoning~Ordinance,
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 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. ~000-V6-2-134.1.'
7:55 p.m. Application of SUsan C. Trentalange, 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.
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 corner 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~ily use to a two-fami~y dwelling use at
the ~outh side of New Suffolk Avenue, Mattituck; bounded north by
New Suffolk AVenue, Cichanowicz, Dove, Reeve and Brooks; west by
Page 3 - Board of Appeals
Regular Meeting of June 11, 1981 legal adv.
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 Hof~man)
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 .i
Harold J. Van Br~nt (Project Manager, Fenley & Nic~l 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
-X
Southold Town Board o£Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
TCr, R;'
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
Josoph H. Sawicki.
NOTICE OF DECLARATION "
PURSUANT TO
N.Y.S. ENVIRONMENTAL QUALITY REVIEW ACT
Appeal No. 2827
Application of: Arn~a L. Bertero
Location of Property in Question: 955 Inlet Drive, Mattituck, NY
County Tax Map Item No. 1000-99-2-8 & 14
Project Proposed by Appeal Application: Approval. Of insufficient area of
three proposed parcels known as Captain Kidd Estates Subd. Lots
74, 75 & 76.
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
0
MAIN RE)AD- STATE RE)AD 25
SOUTHOLD, L.I., N.Y. 11~71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
JOSEPH H. SAWICKI
July 15, 1981
Ms. Anna L. Bertero
P.O. Box 977
Mattituck, NY 11952
Dear Ms. 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, Temporary Secretary
Zoning Board of Appeals
Enclosure
0 0
Southold Town B°a'rd of Appeals
MAIN ROAD ~TATE ROAD 25 ~OUTHOLD, I I, N ¥. 1]971
TELEPHONE (~16) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
Joseph H. Sawicki
TO:
Mr. Henry E. Raynor, Chairman
Southold Town Planning Board
FROM:
DATE: ~
SUBJECT:
Southold Town Board of Appeals
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 Propert~
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
K
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
May 7, 1981
To' Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2827 application o£ Anna L.
Bertero for a variance. Also included are notification to adjoining property
owners, Notice of Disapproval from the Building Inspector, short environ-
mental assessment, and wetland questionnaire.
jUdith T. Terry~
Town Clerk
JTT/bn
Enclosures
O FORM NO. 3 O
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
.... 7~.~.~..../..~.~... ~,~..,. .......
.... ~..~.~..~. c ~.~. ~.~.~-. .....
PLEASE TAKE NOTICE that your application dated... ~ ~... ~ .......... ,19 ~.
for pe~it to ~..~(~ ~/./Y.~...~~[~ .............................. at
Location of Property ..,~ .... (~ ~ ~.. ~ .'~..,~ ........ ~~(~G~.y. X
County Tax Map No. 1~000 Section ...~ ~~.~. .... Block ...~. ~. ...... Lot .'.~ ~..Q~./~ ----~
is returned h~rewith and disapproved on th~ follow~g grounds .~~/~ ~~/..~/~'C~ ~ / '
~..~.~..Z~..o~. ~ c¢~w.o~.. ~~~'. ~z~. ~ ~.~
/ ~fld~g Inspector
RV 1/80
StlOP, T ENVIRONMENTAL.ASSESS}JENT FORM
'o o
'I NS TR'UCT TONS:
-- (o) in' order to answer ti~e questions ~n ~his sho~ EAF ~ ~s assumed
that the p~eporer will use cu~en¢ly ovo$1oble inFo,mat&on conce~nlng
project and the likely impacts of the action. ~¢ is not ,expected that.
odd&tional s~udies~ research o~ other inves¢$ga~Sons v;111 be undertaken.
(b) [f any question has-been answered Yes ~he project may be
significan~ and o completed Env&ronmen~ol Assessment Form &s necessary.
(c) ~f oll questions have been answered No
project is no~ slgnLfican~.
(d) Env&~onmental Assessment ....
i. W&11 project result' tn a large phys$co~ change "
~o the p~oject' si~e or phys&cally alter mo~e
' d? Y X N
than 10 acres of lan ........................ es : o
2. Will there'be a major change to any unique or
-unusual land form found on the site? Yes_~ NO
3. Will project alter or hove o large" effect' on
existing body of water? ' YgS
4.. Will project have a potentially large impact , .
on,groundwater quality? ....................... Yes
5.' %'till project significantly effect dro%na.ge
flow on adjacent sites? ..................... ~.... ,.Yes_~_Nq
6. Will project affect any threatened or
endangered plant or animal species? ........... Yes No
7. Will project result in o major adverse effe~ ,,.
on air quality? .............. -.., .............. Yes ~ No
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 o critical environmental a~eo
·
by o local agency? ........... ~..-~.v.- ~.~..-~ Yes. No
10. Will project have a major effect on existing
or future recreational opportunities? ......... _ Yes_ ~ No
"11. Will project result in.major traffic problems
o~ cause o major effect to existing
12.
13.
14.
15.
transportation systems? ....................... ... Yes_X No
Will project .regularly cause objectionable
odors, noise, glare, vibration, or electrical
disturbance as a result of the project's
tion~ ' Yes
opera ...............................
Will'Project have any impact on public health
yes. ~ No
Or .SO .................. , .. ........... . ,. ·
Will project affect the existing community by
directly causing o growth i, permanent
population of more than 5 percent over o one
year period or have o major negbtive effect
on the character of the community or
,eighborhood? ................................. :_
Is there public controversy concerning· the
*
pro e .......................................
Yes.~, No
: Yes'× No
PREPARER'S SIGNATURE
REPRESENTING
(Tod~y s Date)
To:
Re:
Southold Town Board of Appeals
Main Road -'
Southold, NY 11971
Appeal Application of ~ ~ ~.~/~ ~.~,~~:~-~~
Location of Property: , '.~~~- ~//~'
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 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.
[ ]
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.C.D.E.C.]
Sincerely yours,
~Signature please)
O 0
TOWN OF $OUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Name of Appe ant (,/ Street and Number
.... "~~ .........................................................Municipality ~'~""~f~'~'~"'~' .... I~ER, EBY APPEAL TO
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. DATED ....
WHEREBY THE BUILDING INSPECTOR DENIED TO
..
Name of Applicant for permit /'/
o, .... ....... .........
Street and Number Municipality (,/State
PERMIT TO USE
( )
PERMIT FOR OCCUPANCY
Map No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph o~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 of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (l~e~) (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
(1/~ A Variance to the Zoning Ordinance
is requested for the reason that
Form ZB1
(Continue on other side)
O
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
2. The hardship created is UNIQUE and is not 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
COUNT¥
ss
Signature
Sworn to this .................. ..~..~ ............... day of ..........
tary Public
ELIZABETH ANN NEVlLL£
NOTARY PUBLIC, State of New Yodt
No. 52-8125850, Suffolk Count, J
Term Exl~ires March 30, 19...~P~-
1. Strict Applic~on~ of the Ordinance wooldOod~ce practical
difficulties or ~nne~ssary Mards?~ip because I find that I am
~nable to sell my property without a variance.
Being a Senior Citizen living on Social Security, and due
to rising real estate tax rates and operating expenses I have
for the past 15 months been trying to sell my home. I find that
interested parties do not wish to p~rchase the large parcel of
land and home as require8 by &xisting residential zoning.
If a variance permitting house on lot 76 be consiaered
separate from adjacent lots ?~ & 75 as shown in the Capt Kidd
Estate maO~as I originally and s~psratly ourcbased, be approved,
I could soon realize a sale and relieve myself of a large financial
burden.
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: ~
o
2. That the proj~erty, which is the s~pbiect, of the Petition is.located adjacent to your p. roperty and is des-
cribed as follows: ~,~t~_ ~ ~_/~ ~ c,~_~ ~ ~X. ?,,~"- ~
That the pr)~oerty/~~t of such Petition is located in the following zon'~g district:
4. That by such Petition, the undersigned will request the following relief:
5. That the provisions of th,~ Southold Town Zoning Code applicable to the relief sought by the under-
signed are: ,~RT- ? ~ /00- ~'~ /
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.
Post Office Address~'
PROOF OF MAILING OF NOTICE
NAME
ADDRESS
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
~ ~ ~~' , residing at~ ,/~ ~ ~ ~,~:7~
~- '~ ~z~4_-/~z./'~ , being duly sworn, deposes' and says that on the ~ day
of '~7~ ,19 .~/ , deponent mailed a true copy of the Notice set forth on the re-
verse side he~of, 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 assessmen[ rol_l of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at '~. ~.~Z~./-~.~ /c:7~. C~/~/~z~.. .; that said Notices were mailed to each of said persons by
(certified) (registered) mail. /f/
Sworn to b~o.,r~,me this ~
day of '~'~ )~L,~' __~9 ~/.~,--~ ~ .
· /
~ N-o~a;y Public ~
ELI~B~H ANN N~I~E ~
NOTARY PUBLIC, ~ate of New Y~k
No. 52-8125850, Suffolk C~
Term Expires March 30, ~9~
FORM NO. 6
TOWN OF SOUTHOLD
Building Department
Town Hall
Southold, N.Y. 11971
APPLICATION FOR CERTIFICATE OF OCCUPANCY
Ao
Bo
Instructions
This application must be filled 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 features.
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 compliar{ce 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. ,¢ ~'
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
DatJ.~?..'~.~./. ................
New Building ............. Old or Pre-existing Building ..; ..... '.. ~ ~. Vacant Land ....P'~.. .......
I'ocation of Property ..4~--~-- //¢/~ ~' 4~./~ ! 1/'~ //)~
House No. Street Ham/et
Owner or Owners of Property /~.~. ?.~..~....~. ~4~.~.~.. ,..~O.~?. ~.~.y.. ~..~.~...L.. ~.~.~ .~.~..,t..
County TaX Map No. 1000 Sectio~ . ~.~. ........... BloCk · .' .... .~.'. ...... Lot.
Subdivision..~./}.F. 7:'....~'./.0..0; .~.5...T.A.7-.&.5... ........... Filed Map No.~.~./.~. ?.~...Lot No. 2.. '.~.-. ?p.-.-: ?.~..
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 permit meets all applicable cOdes and regulations.
Applicant..~~ ..c~..~ ............... . .......
Rev. 10-10-78
oI
MAP
l~c~rk
:ct
IOI; 0
~o~ ~ I
NOTE~
otherwise shown, is Z S:o
SEE
MATTITUCK PARK
DISTRICT .. .
MATTITUCK PARK
DISTR:CT
19
16.3 A{c)
4.7 A(c)
18
2.6A(c)
1.6 A(c)
I. 6 A(c)
17
t. 5 A(c)
3
2,0 A (c)
Legend
Revisions
BERTERO' i