HomeMy WebLinkAbout2851 ~499..7.5 .C.R. _48, ..Southold .... 8/6/8I
'D~amen~ B. ~: ;~i ii5 2Z~ which ' wa S' "iSsued ' for
..... s't~e:"bldg~--; a" ~i'tt~-use, '~d~t,-,-to ' --
li~i~....~it ~ is .~t- 9ermit~d...with_ an existing.
dwelling on p~emises wit~ut a variance.
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TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZO~G BOAKD OF APPEALS
Appeal No. 2851 by application Dated July 8, 1981
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWAI OF SOUTHOLD
To Esq. as attorney
DATE ..... 8123./.B 1
Samuel J. Glickman,
Main Street
Greenport, NY 11944
for Salvatore Caiol~ppeUant
at a meeting of the Zoning Board of Appeals on August 26,
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,
( )
1981
the appeal
Sections 100-30A(1) and
100-32
1. S~F~I~E~~E~~K~~K~,~i~I~;f~nined that a special exception ( ) be
~a~ed ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the decision of the Building I~pector ( ) be reversed ( ) be
~Sih~ml~Public Hearing: 8/6/81 8:30: Application of Salvatore
Caiola, 74 Irving Place, New York, NY 10003 (by Samuel J. Glickman as
attorney) for a Variance to the Zoning Ordinance, Art. III, Sections
100-30A(1) and 100-32 for permission to amend Building Permit #11152Z,
which was issued for storage building, a permitted use, Amendment to
living unit is not permitted with an existing dwelling on premises
without a variance. Location of Property: 49975 County Road 48,
Southold, NY; bounded north by Soundview Avenue, west by Sawickii
south by C.R. 27, Droskoski, Wolanski, ~east by Madsen, Kamps, Demi-
track, Dakis, Andriotis. County Tax Map Item No, 1000-51-3-8, 9,
12.2, 13.2.
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 (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
(would not)
(SEE REVERSE SIDE)
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
The following are the findings and determination of the Board:
By this appeal, appellant seeks permission to use accessory
building for "servants quarters at premises owned by applicant and
containing approximately 17 acres. Building permit application
dated May 8, 1981 was approved under Permit No. 11152Z for recon-
struction of accessory building for storage purposes. Applicant states
that he demolished the accessory building and began to rebuild,
for use as a living unit. The rearyard setback of the accessory
structure as reconstructed for living use is at or very near the
neighboring property line. The sideyard setback is also very near
the neighboring property line. The Board does not agree with the
reasoning of the applicant. The relief requested is not within
the spirit of the zoning ordinance. '.
It is the determination of this~Board that to permit thi~
accessory structure to be used for living facilities would, in
effect, allow a use not permitted by the Zoning Code since the
result would be to permit two dwellings on one lot. A use vari-
ance may only be granted upon proof of hard~hip, which has not
been demonstrated by applicant.
The Board finds that the relief requested is substantial in
relation to the Code requirements; that the relief would change
the character of the neighborhood; that the circumstances are not
unique; and that the interests of justice will be served by denying
the variance as requested in Appeal No. 2851.
On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was
RESOLVED, that Salvatore Caiola be denied a variance to the
zoning ordinance in Appeal No. 2851 as applied.
Location of Property: 49975 C.R. 48, Southold, NY;
Tax Map Parcel Item No. 1000-51-3-8, 9, 12.2, 13.2.
County
Vote of the Board: Ayes: Messrs
and Grigonis. (Absent was: Mr. Doyen,
Douglass, Goehringer, Sawicki
Fishers Island.)
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
Town Clerk, Town of Southold
APPROVED
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 p~blic hearings will be held
by the Southold Town Board of Appeals at the Southold Town Hall,
Main Road, Southold, NY on Thursday, August 6, 1981 commencing
at 7:15 p.m. and as follows: ~
7:15 p.m. Application of Donald C. DeLalla, P.O. Box 526,
Cutchogue, NY for a Special Exqeption to the Zoning Ordinance
Art. III, Sec. 100-30 B (9) (a) for permission to dock and moor
two boats not owned and used by owner of premises for his per-
sonal use between existing pilings at 5545 Skunk Lane, Cutchogue,
NY; bounded north by Timpson; west by Baldwin's Creek; south by
Faraguna; east by Bay Avenue (Skunk Lane); County Tax Map Item
No. 1000-138-2-18.
7:25 p.m. Application of Margaret McGowan, 17 Aberdeen
Street, Malverne, NY 11565 (by Gary Flanner Olsen as attorney)
for a Variance to the Zoning Ordinance, Art. III Sec. 100-31
for approval insufficient area and/or width of two parcels due
to the relocation of lot lines. Location of property: R-O-W
south of Great Peconic Bay Boulevard, Laurel; bounded north by
Connelly, east by Johnston and Mormile, south by Alexander,
west by Kennelly; County Tax Map Item No. 1000-128-4-11 & 14.
7:35 p.m. Application of Kenneth I. & Judy M. McFall, 245
East 40th Street, New York, NY 10016 (by Gary Flanner Olsen as
attorney) for a Variance to the Zoning Ordinance, Art. III Sec.
100-31 for permission to construct one-family dwelling from
pre-existing chapel with insufficient rear yard setback at .
7216 Great Peconic Bay Boulevard, Laurel, also known as Laurel
Acres Minor Subd. (Piccione Minor Subd.) Map No. 124, Lot 2;
County Tax Map Item No. 1000-126-10-part of 1.3.
7:50 p.m. Application of Patricia A. Bailey, RR #1, Box
114, Cutchogue, NY for a Variance to the Zoning Ordinance, Art.
III, Sec. 100-31 for permission to subdivide three merged lots,
and approval of insufficient area of proposed lot #2, approval
of insufficient front yard of proposed lot #3 of said lots at
2155 Skunk Lane (Bay Ave.), Cutchogue, NY. Above mentioned
front yard of propoSed lot #3 faces Leslie Road, Cutchogue;
bounded north by Nerone, Ficht, McCleery, bounded west by
Bay Avenue, bounded south by Maly, Price, Leslie Road, bounded
east by Swiatocha; County Tax Map Item No. 1000-97-4-11, 12, 17.
8:05 p.m. Application of Gunter Morchel, Nassau Point
Road, Cutchogue, NY (Swim King Pools, Route 25A, Rocky Point,
Page 2 - Board o~Appeals O
Regular Meeting of August 6, 1981 legal adv.
NY 11778 as agent) for a Variance to the Zoning Ordinance, Art.
III, Sec. 100-32 for permission to construct an inground
swimming pool in the front yard area at the corner of Nassau
Point Road & Old Menhaden Road, Cutchogue, NY; also known as
Nassau Point Subd., Filed Map #156, Lots 17, 18; County Tax
Map Item No. 1000-111-9-3.
8:20 p.m. Application of Warren A. Sambach, 1737 Hillside
Avenue, Williston Park, NY 11596 for a Variance to the Zoning
Ordinance, Art. III Sec. 100-31 & Sec. 100-36 for permission to
construct addition with insufficient side yard area and rear
yard setback at Dogwood Lane, East Marion, NY; also known as
Gardiners Bay Estates Subd., Filed Map #95, Lot 96; County
Tax Map Item No. 1000-37-1-9.
8:30 p.m. Application of Salvatore Caiola, 74 Irving
e, New York, NY 10003 (by Samuel J. Glickman as attorney)
for a Variance to the Zoning Ordinance, Art. III, Sections
100-30A (1) & 100-32 for permission to amend Building Permit
#11152 Z, which was issued for storage building, a permitted
use Amendment to living unit is not permitted with an existing
dwelling on premises without a Variance. Location of property:
49975 County Road 48, Southold, NY; bounded north by Sound View
Avenue, west by Sawicki, south by C.R. 27, Droskoski, Wolanski,
east by Madsen, Kamps, Demitrack, Dakis, Andriotis. County
Tax Map Item No. 1000-51-3-8, 9, 12.2,~13.2.
~--- 8:45 p.m. Application of Frederick T. Horn, 297 Sunset
Avenue, Westhampton Beach, NY 11978 for a Variance to Section
280A Subsection 3 of the Town Law for approval of access of
Case's Lane Extension, Cutchogue; bounded north by Path Way,
west by Fairway Farms, south by Cases's Lane Ext., east by
Horn, Bouffler; County Tax Map Item No. 1000-109-5-north
section of 14.1.
8:55 p.m. Application of Northville Industries Corp.,
P.O. Box 111, Riverhead, NY 11901 for a Variance to the
Zoning Ordinance, Art. III, Sec. 100-30 (A & B) for permission
to use part of premises for commercial docking and mooring
with parking storage area in an A Residential-Agricultural
Zone. Location of property: 610 Naugles Drive, Mattituck, NY;
bounded north by Petersen, Robinson, west by Naugles Road,
south by McKenna, east by Mattituck Creek; County Tax Map Item
No. 1000-99-4-18. Owners of property: Mr. & Mrs. Joel
McElearney, 66 Alpine Way, Huntington Station, NY 11746.
Dated:
July 24, 1981
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS, JR., CHAIRMAN
Instructions to newspapers: Please publish once, to wit, Thursday,
July 30, 1981 and forward nine affidavits of publication to:
Board of Appeals, Town Hall, Main Rd., Southold, NY 11971, as soon
as possible.
Addendum to Legal Notice
8/6/81 Board of Appeals
Regular Meeting
On Monday, July 27, 1981, copies to:
~onald C. DeLalla
..Margaret McGowan
-~ary Flanner Olsen, Esq. as attorney for Mrs. Margaret McGowan
~Kenneth I. & Judy M. Mc Fall
Gary Flanner Olsen, Esq. as attorney for Mr. & Mrs. McFall
vPatricia Bailey
.Mr. & Mrs. Gunter Morchel
Swim King Pools, as agent for Mr. & Mrs. Morchel
JMr. Warren A. Sambach
~Mr. Salvatore Caiola
~Mr. Samuel J. Glickman, as attorney for Mr. Caiola
-Mr. Frederick T. Horn
J~Northville Industries Corp.
Z.B.A. members
T.B. members
Town Attorney
Supervisor
Town Clerk Bulletin Board
Appeal Files
Mr. & Mrs. Joel McElearney, owners of property of Northville Ind. Corp. appli
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 South-
old, 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, August 6, 1981 eom-
mencing at 7:15 p.m. and as
follows:
7:15 p.m. Application of
Donald C. DeLalla, P.O. Box
526, Cutchogue, NY for a
Special Exception to the Zon-
ing Ordinance Art. III, Sec.
100-30 B (9)(a) for permission
to dock and moor two boats not
owned and used by owner of
premises for his personal use
between existing pilings at
5545 Skunk Lane, Cutchogue,
NY; bounded north by Timp-
son; west by Baldwin's Creek;
south by Faraguna; east by
Bay Avenue (Skunk Lane);
County Tax Map Item No.
1000-138-2-18.
7:25 p.m. Application of
Margaret McGowan, 17 Aber-
deen Street, Malverne, NY
11565 (by Gary Fianner Oisen
as attorney) for a Variance to
the Zoning Ordinance, Art. III
Sec. 100-31 for approval in-
sufficient area and/or width of
two parcels due to the re-
location of lot lines. Location of
property: R-O-W south of
Great Peconic Bay Boulevard,
Laurel; bounded north by
Connelly, east by Johnston
and Mormile, south by Alex-
ander, west by Kenneily;
County Tax Map Item No.
1000-128-4-11 & 14.
7:35 p.m. Application of
Kenneth I. & Judy M. Mc-
Fall, 245 East 40th Street, New
York, NY 10016 (by Gary
Flanner Oslen as attorney) for
a Variance to the Zoning
Ordinance, Art. III Sec. 100-
31 for permission to construct
one-family dwelling from pre-
existing chapel with insuf-
ficient rear yard setback at
7216 Great Peconic Bay Boule-
vard, ..Laurel, also known as
Laurel Acres Minor Subd.
(Piccione Minor Subd.) Map
No. 124, Lot 2; County Tax
Map Item No. 1000-126-10-
part of 1.3.
7:50 p.m. Application of
Patricia A. Bailey, RR #1, Box
114, Cutchogue, NY for a
Variance to the Zoning Ordin-
ance, Art. III, Sec. 100-31 for
permission to subdivide three
merged lots, and approval of
insufficient area of proposed
lot #2, approval of insufficient
front yard of proposed lot #3 of
said lots at 2155 Skunk Lane
(Say Ave.), Cutchogue, NY.
Above mentioned front yard of
proposed lot #3 faces Leslie
Road, Cutchogue; bounded
north by Nerone, Ficht, Mc-
Cleery, bounded west by ,Bay
Avenue, bounded south by
Maly, Price, Leslie Road,
bounded east by Swiatocha;
County Tax Map Item No.
1000-97-4-11, 12, 17.
8:05 p.m. Application of
Gunter Morchel, Nassau Point
Road, Cutchogue, NY (Swim
King Pools, Route 25A, Rocky
Point, NY 11778 as agent) for a
Variance to the Zoning Ordin-
ance, Art. III, Sec. 100-32 for
permission to construct an
inground swimming pool in
the front yard area at the
corner of Nassau Point Road &
Old Menhaden Road, Cutch-
ague, NY; also known as
Nassau Point Subd., Filed
Map #156, Lots 17, 18; County
Tax Map Item No. 1000-111-
COUNTY OF SUFFOLK
STATE OF NEW YORK
SS'
Patricio Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
o public newspaper printed at Southold, in, Suffolk County;
and that the notice of which the annexed is o printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for .................. .[ .................... weeks
successively, commencing on the ...... ..~.....~.. ......................
day of~.~c-..~ ....................... , 19..~..[.
Sworn to before me this i ............... Z.C) ......... day of
.......... ~ ..............., 19..'~...~
NOTARY PUBLIC, State 0f New York
N0. 52-9321725
R~ding in S~olk ~un~ ~
8:20 p.m. Application of
Warren .A. Sambach, 173
Hillside Avenue, Williston
Park, NY 11596 for a Vari-
ance to the Zoning ordinance,
Art. IH Sec. 100-31 & Sec.
100-36 for permission to con-
struct addition with inSuffi-
cient side yard area and rear
yard setback at Dogwood
Lane, East Marion, NY; also
known as Gardiners Bay Es-
tates Subd., Filed Map #95,
Lot 96; County Tax Map Item
No. 1000-37-1-9.
8:30 p.m. Application of
~lvator~ Caiola~ 74 Irvin?.--
. Placet New York~ NY 10~
(by Samuel J. Glickman a-s
attorne}9 ~or a variance to the
Zoning ordinance, Art. IH,
Sections IOO-3UA (l) & 100-32
for permission to amend Build-
~ Permit ~'1'1152 7.~ whic~
was issued ,for storal~e build:
~m.m.m.m.m.m.m.m.m.m aa ermitted use AmendC'-
ment to living unit la nOt
p_er~mitted wit~fi-an existing
dWelling on ~9~ses ~Imout
a variance. Location ot p~-
e"~y: '~/~ County aoao' 4~,'
~_~thold. Nv: bounded' nor~
.b~und View Avenue, ~st
~w~c-~, south oy C.R. 2/,
D,,.~.sk0sm;.wolansth e~st Oy
, Anonotis. County Tai
Map Item No. ~-~1-3-8, ~,
fizz:, ~3.z.
8:45 p,m. Application of
Frederick T. Horn, 297 Sun-
set Avenue, Westhampton
Beach, NY 11978 for a Vari-
ance to Section 280A SUb`
section 3 of the Town Law for
approval of access of Case's
Lane Extension, Cutchogue;
bounded north by Path Way,
west by Fairway Farms, south
by Cases's Lane Ext., east by '
Horn, Bouffier, County Tax
Map Item No. 1000-109.5-
north section of 14.1.
8:55 p.m. Application of
Northville Industries Corp.,
P.O. BOx 111, Riverhead, NY
11901 for a Variance to the
Zoning Ordinance, Art. m,
See. 100-30 (A & B) for
,permission to use part of
Premises for commercial dock-
ing and mooring with parking
storage area in an A Resi-
dential-Agricultural Zone. Lo-
cation of property: 610 Nau-
g!es Drive, Mattituck; NY;
bounded north by Petersen,
Robinson,. west by Naugles
Road; south by McKenna, east
by Mattituck Creek; County
Tax Map Item No. 1000-99-
4-18. Owners of property: Mr.
& Mrs.' Joel McElearney, 66
Alpine .Way, Huntington Sta-
tion, NY 11746.
-Dated: July 24, 1981
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS, JR.,
Chairman
1T, 7/30/81 (2)
Legal Notices
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 South-
old Town Hall, Main Road,
Southold, NY on Thursday,
August 6, 1981, commencing at
7:15 p.m. and as follows:
7:15 p.m. Application of
Donald C. DeLalla, P.O. Box
526, Cutchogue, NY for a
Special Exception to the Zon-
ing Ordinance Art. III, Sec.
100-30 B (9) (a) for permission
to dock and moor two boats
not owned and used by owner
of premises for his personal
use between existing pilings at
5545 Skunk Lane, Cutchogue,
NY; bounded north by Timp-
son; west by Baldwin's Creek;
south by Faraguna; east by
Bay Avenue (Skunk Lane);
County Tax map Item No.
1000-138-2-18.
7:25 p.m. Application of
Margaret McGowan, 17 Aber-
deen Street, Malverne, NY
11565 (by Gary Flanner Olsen
as attorney) for a Variance to
the Zoning Ordinance, Art. III
Sec. 100-31 for approval insuf-
ficient area and/or width of
two parcels due to the reloca-
tion of lot lines. Location of
property: R-O-W south of
Great Peconic Bay Boulevard,
Laurel; bounded north by Con-
nelly, east by Johnston and
Mormile, south by Alexander,
west by Kennelly; County Tax
Map Item No. 1000-128-4-11 &
14.
7:35 p.m. Application of
Kenneth I. & Judy M. McFall,
245 East 40th Street, New
York, NY 10016 (by Gary
Flanner Olsen as attorney) for
a Variance to the Zoning
Ordinance, Art. III Sec. 109-31
for permission to construct
one-family dwelling from pre-
existing chapel with insuf-
ficient rear yard setback at
7216 Great Peconic Bay Boule-
vard, Laurel, also known as
Laurel Acres Minor Subd.
(Piccione Minor Subd.) Map
No. 124, Lot 2; County Tax
Map Item No. 1001P126-10-part
of 1.3.
7:50 p.m. Application of
Patricia A. Bailey, RR//1, Box
114, Cutchogue~ NY for a Var-
iance to the Zoning Ordinance,
Art. III, Sec. 100-31 for permis-
sion to subdivide three merged
lots, and approval of insuf-
ficient area of proposed lot//2,
approval of insufficient front
yard of proposed lot//3 of said
lots at 2155 Skunk Lane (Bay
Ave.), Cutchogue, NY. Above
mentioned front yard of pro-
posed lot//3 faces Leslie Road,
Cutchogue; bounded north by
Nerone, Ficht, McCleery,
bounded west by Bay Avenue,
bounded south by Maly, Price,
Leslie Road, bounded east by
Swiatocha; County Tax map
Item No. 1000-97-4-11, 12, 17.
8:05 p:m. Application of
Gunter Morchel, Nassau Point
Road, Cutchogue, NY (Swim
King Pools, Route 25A, Rock~
Point, ' ! 1778 as agent) for a
Varian,~ to the Zoning Ordi-
nance, Art. III, Sec. 100-32 for
permission to construct an
inground swimming pool in
the front yard area at the
corner of Nassau Point Road
& Old Menhaden Road, Ct:t-
chogue, NY; also known as
Nassau Point Subd., Filed
Map//156, Lots 17, 18; County
Tax Map Item No. 1000-111-9-3.
8:20 p.m. Application of
Warren A. Sambach, 173 Hill-
side Avenue. Williston Park,
NY 11596 for a Variance to the
Zoning Ordinance, Art. III
Sec. 100-31 & Sec. 100-36 for
permission to construct addi-
tion with insufficient side yard
area and rear yard setback at
Dogwood Lane, East Marion,
NY; also known as Gardiners
Bay Estates Subd., Filed Map
#95, Lot 96; County Tax Map
item No. 1000-37,1-9.
.~A_:~0 p.m. Application of
,,~.a_Jvator~ c-alolaf ~/~1 Irving
~New xor~", l~ £ -~3
Samuel ~ ~_,ncKman as
west
8:45 p.m. Application of
Frederick T. Horn, 297 Sunset
Avenue, Westhampton Beach,
NY 11978 for a Variance to
Section 280A Subsection 3 of
the Town Law for approval of
access of Case's .Lane Exten-
sion, Cutchogue; bounded
north by Path Way, west by
Fairway Farms, south by
Case's Lane Ext., east by
Horn, Bouffler; County Tax
Map Item No. 1000-109-5-north
section of 14.1.
8:55 p.m. Application of
Northville Industries Corp.,
P.O. Box 111, Riverhead, NY
11901 for a Variance to the
Zoning Ordinance, Art. III,
Sec. 100-30 (A & B) for permis-
sion to use part of premises for
commercial docking and
mooring with parking storage
area in an A Residential-Agri-
cultural Zone. Location of pro-
perty: 610 Naugles Drive,
Mattituck, NY; bounded north
by Petersen, Robinson, west
by Naugles Road, south by
McKenna, east by Mattituck
Creek; County Tax Map Item
No. 1000-99-4-18. Owners of
property: Mr. & Mrs. Joel
McElearney, 66 Alpine Way,
Huntington Station, NY 11746.
Dated: July 24, 1981
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS, JR.,
CHAIRMAN
1TJy30-3738
OF SUFFOLK, l
)F NEW YORK, ~ ss:
).y...G.u.~.~.~?..s.o.~ ............... being duly Sworn,
. .~.eo .... is Printer and Publisher of the SUFFOLK
TIMES, a newspaper pubtished ~xt Greenport, in said
Ind that th~ notice, of which the annexed is ~ printed
been published in the said Suffolk Weekl~/ Times
,~ach week~ ~or one weeks
r6Iy commencing on the .... ~..0~ .................
...July. ............. l.~q~.T~~'
~ before me
...July ........ 19...@.1 I
.............. .....
HELEN K. DE VOE
NOTARY PUBLIC, State of New York
NOl 4707878, Suffolk County.
Term Expires March 30, 19LC.~
$ u h ld ToWn Board °f Appe ls'
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN. JR. NOTICE OF DECLARATION ~
ROBERT J. DOUGLASS PURSUANT TO
GERARD P. GOEHRINGER
Joseph H. Sawicki N.Y.S. ENVIRONMENTAL QUALITY REVIEW ACT
Appeal No. 2851 Application of: Salvatore Caiola
Location of Property in Question: 49975 C.R. 48, Southold, NY
County Tax Map Item No. 1000- 51-3-8,9,12.2,13...2
Project Proposed by Appeal Application: to change use to accessory building
to living unit.
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 project 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: July 15, 1981 BY ORDER OF THE SOUTHOLD TOWN
· BOARD OF APPEALS
Copies to: Town Clerk Bulletin Board
Applicant/Agent
ZBA file
.K
JUDITH T. TERRY ·
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
5uly 8, 1981
TELEPHONE
(516) 765-1801
To: Southold Town Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Appeal No. 2851, application of Salvatore
Caiola for a variance. Also included is Notice to Adjacent Property
OWners, Short Environmental Assessment Form and survey, and Notice
of Disapproval from the Building Inspector.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
......... ~ ........... ~ ..... ~.~' // ~ -~/z
Location of Property ~m~ ~. · ~. · ~i · ~ ...... ~~~.
~o~n~ ~ ~ No. ~000 ~;~o~ ...~. r~ ..... ~o~ .. ~ ....... ~...~ Z ?. ~
Subdivision ~ Filed Map No. -~ Lot No.
is returned herewith and disapproved on the following grounds ,~~~..
RV 1/80
~,,u.,F ~ ,]ROHHEHTAL ASSESSHFNI r~Jt(~,t
!IIST[:!JCT IOfl~:
- (~) In order to answer ¢he questions in this short EAF i¢ is assumed
that the prepoz'e~ w~lI use currently avoiIobIe in.formation concerning the
prnject r~nd the Iii:ely imp~cis of the action. It is not expected that
additional studie.~, research os other investigatiOns wiI1 be undertaken.
(b) I~ any question has been answered Yes the project may be
significant and o compieLed Envi~on~entai Assessment Form is necessary.
(c) If aII questions have been ~nswe~ed No it is likely ~ha¢ this
projec~ is not ~ignificant.
(dj Ehvironrn~ntal Assessrnen~ " '':
~. ¥I~ project ~esu~'~--~n o large physical change' "
to iha project site or physically alter more
th~.~n 10 acres of land? ........................ _ Yes'/~ No
2. 1'1ill there bo a major change to any unique or
-u,~usuol land fozm found on the site? .......... Yes
3. Will project alter or have a large effect on
e×istin9 body of water? ....................... ____Yes
4. ¥Iill project have o potan'tially large impact . .
on groundwater quality? ....................... Yes ~No
5. Will project significantly effect dro.inoge '
flow on adjacent sites? ..................... ,.. Yes.
6. ¥/ill project affect any threatened or
cnd¢,ngercd plant or animal species? ........... .___Yes~_No.
7. ¥1ill project result .:in o major adverse e~fekt .
on air quality?....¥ ......... ~'..; ....... -....." )' Yes'~ No'
8. Will prnjec~ have a major affect on visual
chc~racter of the community or scenic views or
vistas ~nown to-be important to the community? '¥es.'~'o_
~. ¥/ill project adversely impact any site or
struc%ure of historic, prehistoric or '
paleontological importance or any site
designated os a critical environmeniol area
by a local agency? ............ ::,..;-~-.'......,.;--~..~- Yes_~No
10. Will project hove o major effect on existihg
or future recr¢:otiona] opportunities? ......... Yes ~No
11. ¥/il! project result in .mojor traffi'c problems" '---
or. cau~e o major effect to ex-isting
tr°n~P°rtOti°n S¥stems9 ¥
12. ¥/ill project regularly cause objectionable '
odors, noise, glare, vibration, or electrical
di~-turbonce os a result or the project's
operatior,? ....... Yes '/' No
13 Will project have an>, impact on public health ~
or .safety? .................................... Yes 7~ No
14. Will pPoject affect the existin[1 community by ....
directly causing o growth in permanent
population of more than 5 perce.nt over a one
year period or hove o major negative effect
on the charo'ctar of the community or
neighborhood? .... Yes '/'No
project?..~../ ................................_ .Yes, J"..No
PREPARER'S S]CHATURE:, .~_/~
/Same61 ~. Glickman
REPRESEHT ! NG applicant4' Salvat~re CaiOla DAT E= 7/7/~1
7/7/81
(Today' s Date)
To:
Re:
Southold Town Board of Appeals
Main Road
Southold, NY 11971
Appeal Application of Salvatore Caiola
Location of Property: 49975 Co.Rd.. 48~ ~ou~h~-]d~ NY
CTM Dist. 1000, sec. 051. blk 03~ lots 8 & 9
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.]
S incer~ yours,
(S/a~Jre~ease)
Samuel J. Glickman
OTOW O
N OF Sou'rHOLD, N~ YOP~K
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
........
TO THE.ZONING' BOARD O.F APpEALS, TOWN OF SOUTHOLD, N.Y. ~..
1 (We) ~alvatore Caiola ' ~ ..,7..~..I.~.~i~3~..~e:..:..~...~...~..i-[ ......... : .........
' Nome bf Appellc~nt Street'and'Number`'. ~'
New York New York HEREBY APPEAL TO
Municipality State
THE ZONING BOARD Of APPEALS FROM THE DECISION Of THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ...... ..1..1..1...5..2...2. ................ DATED ....6..-...2..9..-...8..~ ..................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(x)
Salvatore Caiola
Name of Applicant for permit
of 74 Irving Place, New York, NY
........................................................... .................... .......................
Street and Number
PERMIT TO USE
PERMIT FOR OCCUPANCY
. .Variance : ' ." - ~ ~_ , ~)
~ LOcA~Oh OF T.E PROPERTY ......... .4~.0..7.~....¢..o..i~,.....q.~ ............ ., ........ .~,~.~i~ ....
~..¥A..
· ' Street U~e District on ZOning Map
SCTM 1000 sec. 051 blk, 03
/v~op 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.)
Art III, Sections 100-30A.(1) and 100-32
3. TYPE OF APPEAL Appeal is made herewith for
(x) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New'York Town Law Chap. 62 Cons.
Art. 16 Sec. 280A Subsection 3
Lclws
4. PREVIOUS APPEAL A previous appeal (1',4{) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
( )
(x)
( )
is requested for the reason that the use of~ the accessory building is needed
for servants' qmarters. (,see I over)
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
Form ZB1
(Continue on other side)
REASON FOR APPEAL
,. ,. . ~Confinued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIPej The foundation of the accessory building existing
when applican~ pu, r~hased the premises was c~umbling. Applicant
demolished the building and began to rebui]'d~' While the job was
in progress, ;.,~l~pl~ ,ca, ntr de~ided to remodel, main ~dweL!:ing, and use
accessory, buiTi'~i~:'for"servants~_ ., . .quarters. '.For that reason,
proposed use was ehanged from accessory building to living unit.
the
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.blSalm~ Applicant owns surrounding
tra~ts, ex~ePt for a,.~mall footage, bounded by Sawicki. ' The
Selling' h~use, as r~o~el~d',fo~-applicant, needs the compliment
of' servants quarters to further the residential use~ge of this
particular plot. . .
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE -THE
CHARACTER OF THE DISTRICT. IgleJlIge
STATE OF NEW YORK )
· ) SS
COUNTY OF suffolk )
Sworn to this ........ .6..t...h. ............................... day of ................... .J...u..1..y. ........................... 19 81
CORNELIA C. KEOgh
NOTARY PUBLIC, State of New Yori~
No. 52-2093F~3~
~lelifi~d in Suffo;k County,.,.,
BOARD OF ~ALS. TOWN OF SOUTHOLD~~
In the Illlatter of the Petition of :
SALVATORE CAIOLA : NOTICE
: TO
tO the Board of Appeals of the Town of Southold : ADJACENT
Walter sawicki, SOuthold, NY 11971
TO: Joseph A. Droskoeki, Southold, NY 11971 PROPERTY OWNER
Howard Kamps, 1461 Fraser Dr., N. Merick, NY 11566
J.G. Madsen, North Rd., Southold, NY 11971
AnnaA~l~riotis, 40-10 Bowne ~ apt.2F, Flushing 11354
Gus Dakis, 91-11 148th St., Whitestone, NY 11356
POpi Dakis, 91-11 148th St., Whitestone, NY 11356
Dinos-'DemitraCJc-,----Cl~]~~ Rd..- Sou~hold, NY 11971
Telesphore Wol&~S]~Y~.-S~u%~bld, -~NY 11971
1. That it ~ ~n~ent,on o~e Un~eV~sn~~on the Board of Appeals of the Town of Southold
to request a (Variance) (Special Exception) (Special Permit) (the following relief: to construct
separate living unit.
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed~follows: SCTM 1000, sec. 051, Blk. 03; 49975 Co. Rd. 48, Southold, Ny
3. That the property which is the subject of such Petition is located in the following zoning district:
Residential, Agric.
4. That by such Petition, the undersigned will request the following relief:
111522 from storage bldg. to living unit
amend bldq. permit
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signedare Article III Sectic~.S 100-30A.(,1) and 100-32
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. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for 'the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: ?/2/81 - ·
Pet~oner- Sam~ J.. Glickman
Post Office Address
114 Main Street
Greenport, NY 11944
PROOF OF MAILING OF NOTICE
A~ACH CERTIFIED MAIL RECEIPTS
: ADDRESS -~-. ,~ ..... I'A]l"tlq~
NAMES & ADDR~ AS SET FORTH IN T~ ~O~OING NOTICE:
~~"~ '""~ ~'~ " 3 0 6 4 5 0
,-:~5~'~ x~ x~ s,.? ~o. 306449
S §~
C ":
of
,,residing at Orient, NY, .,
, being duly sworn, deposes and says that on the 7th day
, deponent mailed a true copy of the Notice set forth on the re-
July , 19 81
verse side, hereof, directed to each of the abOve-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
11944
rice at Greenport.
(certified) :(IJ~Ulb~Fg::el) mail.
; that said Notices were mailed to each of said persons by
.K~iTStine- ~eklenSurg - -
Sworn to before me this 7th
day of July ,19 81
,
C&iOLK
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LIGHT 45 WATER ............
PARK 70 RE "~'J SE
KEY MAP
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200. n 220 42C
bt-:,L£ .~ F LEl
(~ COUNTY OF SUFFC
Real Property Tax Servic~
County Center
Riverhead, L l., Ne,.',' Yc