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HomeMy WebLinkAbout2729 TOW~ OF $OUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2729 Application Dated August 5, 1980 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOW/q OF SOUTHOLD To Mr. William J. Mercurio c/o Mrs. Nancy J. Rodilosso 28 Chestnut Street, Garden City, NY 11530 DATE ..3./.23./..81 Appellant at a meeting of the Zoning Board of Appeals on March 12, 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 Zoning Ordinance IiX) Request for a variance to the Zonhlg Ordinance Art. III, Sec. ( ) 100-31 the appeal gra~ed ( ) be deEed pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the ~n~g Ordinance and the decis~n of the Building Inspector ( ) be reversed ( ) be confirmed becau~ Public Hearing: 1/22/81 7:35 - Application of William C. Mercurio, and others, c/o Nancy J. Rodilosso, 28 Chestnut Street, Garden City, NY 11530 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels at the east side of Bay Avenue, Mattituck, NY; more particularly designated as County Tax Map Item No. 1000-144-4-4 and bounded northeast by James Creek; west by Yanke and others; southwest by Bay Avenue; east by Halligan. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (SEE REVERSE SIDE) (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. CG: lk ZONING BOARD OF APPEALS FORA~ ZB4 After investigation and personal inspection, the Board finds as follows: Appellants have appealed to this Board seeking a variance for approval of two proposed parcels which would have an insufficient road frontage of 72 feet and 76 feet, and insufficient area of 31,200 square feet each, and located on the east side of Bay Avenue in Laurel. Existing on the premises are two small frame cabins, a one-story frame house, and a one-family dwelling which dwelling appellants propose to relocate on one of the two parcels if this variance were approved. Appellants have agreed to eliminate all the extraneous buildings existing prior to the issuance of a building permit in relocating the main one-family dwelling. It is the feeling of the Board that by granting this variance the area is improved in that a total of two dwellings would be per- mitted and the nonconforming uses of the existing structures would be eliminated. The Board'finds that the relief requested in relation to the Code requirements is not substantial; that if the variance is granted no detriment to adjoining properties will be created; that no detrimental effect is produced on available governmental facilities of any increased population; that no substantial change is produced in the character of the neighborhood; that the relief requested is within the spirit of the zoning ordinance; and that the interests of justice will be served by the granting of the within variance. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that William C. Mercurio and others be granted a variance to the zoning ordinance, Art. III, Sec. 100-31 approving the insufficient area and width of the two proposed parcels as submitted in their survey mapped February 6, 1981, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That applicants shall remove the existing buildings as "x'd" on applicant's survey dated November 10, 1970 prior to the issuance of a building permit(s) for a principal building/dwelling; 2. That applicants shall have one year from the date of the filing of this decision to remove said buildings "x'd" on their survey dated November 10, 1970; 3. That applicants proceed only with their proposal of work to be done as shown on their survey mapped February 6, 1981 and received by the Board of Appeals February 27, 1981 with the set- back distances as shown; 4. That there shall be no further subdivision. Location of property: East side of Bay Avenue, Laurel, NY; bounded northeast by James Creek; west by Yanke and others; southwest by Bay Avenue; east by Halligan. County Tax Map Item No. 1000-144-4-4. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen (illness). PPROVED 1 Bosrd,fof ApD Is= COUNTY OF SI~FFOLK DEPARTMENT OF PLANNING (516) 360-5513 . LEE: E. KOPPIELMAN April 17, 1981 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. ~pplicant ~illiam C. Mercurio et al. Frederic P. Rich Leo & Lillian Brac Municipal File Number 2729 2776 2785 GGN :Jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner z.~ TOWN CLERK 765-3783 Building Dept. Planning Bd. 765.2660 Board of Appeals 76~1809 TOWN OF SOUTHOLD xx~Tl~tW~l ObERK~xGJ~E4CE× Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ....... ; ~.Q~,I~I .,~', ,~i~l~e&],~i ............. of the town of..~.o24'~.1~.~! ...................... (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes ................ Special permits ...~.~.~. ...... Variances Aopeel N:~'. 2729 '~illfam C. ~,i~<curio ~nd others c/o ~ilosso 2S Ch.~:tt~.ut SI:~t Garden Ctty~ NY 11530 ArC. III, $~¢. t~5-31, Location of affected land: ...E.,.~..B,?:~...[.v.,?.n,J.e,...~a.l?.il..lcj.;.,...l~2{.,9,-).~.ijm{~.~ ........................................ within 500 feet of: (check one or more} ....X..~.(. ...... Town or village boundary line, or shore line Jar:'.~.'c '~ e~-:,. ................ State or county road, parkway or expressway ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county owned parcel on which a public building is situated Comments: F(,l",t~L%~s~.ofi t a~ .'.ir&l~te([ (3[ s~prova[ of two lot~, with existhlg dwellings for which restrictions have been n~ad~ as sho~ on the attached findings and determlpattoo Nonco~orming uses of existing c~ins to be elf minated. (signed) .~:.~..d.~. y..,...[~.9..w. :~..~.k..l.t...S..e..c. Le.'.,.e..~X ...................... Wt/e Date received by Suffolk County Planning Commission 765-1809 File No ................................. / 90 ! 40©,0 / o L b .' , /? / ,i Southold Town Board of Appeals Main Road - State Road 25 Southold, New York 11971 Mr. Charles Grigonis, Jr. Mrs. Nancy J. Rodilosso 28 Chestnut Street Garden City, New York 11530 February 2, 1981 Re: Appeal 2729 - Application of William C. Mercurio, et al. Dear Sir, This is to inform you that we most definitely agree to remove the existing buildings prior to the issuance of a building permit in relocating the main dwelling, if the variance were granted. Very truly yours, Nan~y~JJ. Rodilosso Southold Town Board of Appeals MAIN RDAD- STATE ROAD 2S SDUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. T~RR',' TUT;;;LL ROBERT J. DOUGLASS GERARD P. GOEHRINGER ,Joseph H. Sa~ick~ January 23, 1981 Mrs. Nancy J. Rodillosso 28 Chestnut Street Garden City, NY 11530 Re: Appeal No. 2729 - Application of William C. Mercurio, et al. Dear Mrs. Rodillosso: At a Regular Meeting held last evening, January 22, 1981, the Board of Appeals unanimously passed the following resolution: RESOLVED, that this matter be held in abeyance pending receipt of three copies of an accurate certified survey showing the proposed division of land and showing the exact new location of the main dwelling with all setback distances, and receipt of a written confirmation from applicants that they agree to remove the existing buildings prior to the issuance of a building permit in relocating the main dwelling, if the variance were granted. This resolution was unanimously adopted. If you have any questions, please do not hesitate to call the office. Very truly yours, CG:lk CHARLES GRIGONIS, JR. CHAIRMAN HENRY E. RAYNOR, Jr..Chairman FREDERICK EGORDON JAMES WALL BENNETT ORLOWSKI, ~, OEOROE ~TCHIE LATHAM, Jr. TO ,D S Southold, N.Y. 11971 January 22, 1981 TELEPHONE 765- 1938 Mr. Charles Grigonis, Chairman Zoning Board of Appeals Town Hall Southold, New York 11971 Dear Mr. Grigonis: At your request, the Planning Board has reviewed the application of William C. Mercurio and Nancy J. Rodilosso et al to divide their property into two undersized parcels. Motion was made, seconded and carried to inform the Zoning Board of Appeals that the Planning Board does not view this division favorably and questions the amount of potable water on the property. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N,Y. 11g'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR.,CHAIRMAN SERGE DOYEN, JR, TE~Y T~T~LL ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph H. Sa~ck~ MINUTES REGULAR MEETING HELD JANUARY 22, 1981 A Regular Meeting of the Southold Town Board on Thursday, January 22, 1981 at 7:30 o'clock p.m. Town Hall, Main Road, Southold, New York 11971. of Appeals was held at the Southold Present were: Charles Grigonis, Jr., Chairman; Serge Doyen, Jr.; Robert J. Douglass; Gerard P. Goehringer; and Joseph H. Sawicki. Also present was Mrs. Ruth Oliver, North Fork Environmental Council. PUBLIC HEARING: Appeal No. 2729. Application of William C. Mercurio, Nancy J. Rodilosso, and others, c/o Mrs. Nancy J. Rodilosso, 28 Chestnut Street, Garden City, NY 11530 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels at the east side of Bay Avenue, Mattituck, New York; more particularly designated as County Tax Map ID No. 1000- 144-4-4 and bounded northeast by James Creek; west by Yanke and others; southwest by Bay Avenue; east by Halligan. The Chairman opened the hearing at 7:36 p.m. by reading the appeal application in its entirety, legal notice of hearing and affi- davits attesting to its publication in the local and official news- papers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: We have a survey showing the property and a copy of the County Tax Map showing the surrounding properties in the area. Is there anyone here that would like to add to what is in the applica- tion? In favor of it? MR. RODILOSSO: Well we're here to represent the application if you have any questions. MR. CHAIRMAN: May we have your name please? Sout'hold Town B d of Appeals -2- January 22, 1981 MR. RODILOSSO: Rodilosso and this is my wife Nancy. MR. CHAIRMAN: Is there anyone else to speak in favor of it? Anyone to speak against this? (There was no response.) Do any of you members have any questions, Joe, Bob? MEMBER GOEHRINGER: Are we pronouncing your MR. RODILOSSO: Rod-i-los-so. name correctly? MEMBER GOEHRINGER: Is there any reason why you chose to divide the property directly in half? Basically I guess the question I should ask is, what other type of house are you planning to construct on the other side. I am looking at the map now, and I understand that the present house is approximately 62 feet long. Is that correct? Mr. Rodilosso nodded affirmatively. MEMBER GOEHRINGER: Thereby leaving approximately a 75-foot lot you're asking us to divide, and it kind of cuts the sideyards down significantly. MR. RODILOSSO: The house would probably be placed lengthwise on the property since it's 450 feet long. MEMBER GOEHRINGER: The new house? Are you talking about the present house now? MRS. RODILOSSO: The present. MR. RODILOSSO: and a new house will two rental cottages The present house will be moved to one parcel, be constructed on the other parcel. There's on the property as well. MEMBER GOEHRINGER: Right. MR. RODILOSSO: Which would be eliminated. MEMBER GOEHRINGER: But what would happen with the present house, the one that you intend to keep, be placed in the same position but moved over to one side, or it would be placed lengthwise on the property? MRS. RODILOSSO: Yes. MEMBER GOEHRINGER: Oh, I see. MRS. RODILOSSO: property. Thereby' having a lot more sideyard for each MR. RODILOSSO: The house is, I forget the exact width of it, but it's a lot less than 62 feet. Maybe 24. Southold Town Board of Appeals -3- January 22, 1981 MEMBER GOEHRINGER: Twenty four and some inches. MR. CHAIRMAN: Are you familiar with the sketch that's in here. MR. RODILOSSO: I believe so, yes. MR. CHAIRMAN: Because it looks like the house is placed crosswise. MRS. RODILOSSO: It is now. That's how it is now. MR. RODILOSSO: It would be spun 90o. MRS. RODILOSSO: Um, you must have a, on the copy that I submitted I had the original one, the houses were outlined in black and I used red pencil. SECRETARY: There is one copy that was filed. MRS. RODILOSSO: Red obviously was what was planned and black was what was there now. I do have a copy. MR. CHAIRMAN: You see, this doesn't show any of that. This is where the new house would be, when it's done would be here. MRS. RODILOSSO: Now, the E.P.A. requires us not to move it this way but to move it back even closer to the road. I assume you have that. SECRETARY: From the D.E.C.? Yes. MEMBER GOEHRINGER: owners of the house, do we would call a living Having known the Baldwins, who were prior you intend to place the living area, which room which is L-shaped toward the water side? MRS. RODILOSSO: Correct. They also require that we move the cesspools. May I have this one back? The Chairman returned the sketch with black and red markings to Mrs. Rodilosso. MR. CHAIRMAN: Speaking of the Baldwins, I bought one of the first tickets they ever sold for Hawaii. MRS. RODILOSSO: Is that right? Everybody we speak to knows those people. MR. RODILOSSO: They either know them or have rented cottages from them. MR. CHAIRMAN: Do you know by any chance just about where that house will wind up, just how far from the street? Southold Town Board of Appeals -4- January 22, 1981 MRS. RODILOSSO: From the street, I don't know. 90' up. MR. RODILOSSO: No, 190' The E.P.A. had it from the water. MR. CHAIRMAN: Yes, the D.E.C. MR. RODILOSSO: It would be roughly 200 feet. MR. CHAIRMAN: It's a long lot. MR. RODILOSSO: What it would do is put it into plain with the rest of the homes that had been constructed, Yanke in particular, which is the most recent. MRS. RODILOSSO: That's right. It would be in the same line. I don't know, maybe you can see what you're looking at. You're probably more familiar with this than I am. MEMBER GOEHRINGER: What this, the D.E.C.? MRS. RODILOSSO: Yes. MR. CHAIRMAN: "...Subdivide 66,304 sq. ft. lot into two lots approximately 33,152 sq. ft. each... Covenant that all buildings be moved to or constructed west of a line 190' west of easterly property line .... " Any other questions? (Negative). If not, I'll offer a resolution closing the hearing and reserving decision. MEMBER GOEHRINGER: Seconded. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to reserve decision in Appeal No. 2729, application of William C. Mercurio and others. Vote: All ayes. * * * PUBLIC HEARING: Appeal No. 2771. Application of Florence A. Evans, 3940 Orchard Street, Orient, NY 11957 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct dwelling with an insufficient frontyard setback off Brigantine Drive, Southold. Location of property: 2355 Anchor Lane (a/k/a 650 Brigan- tine Drive), Southold; Harbor Lights Subdivision Map No. 4363, Sub- division Lot No. 24; County Tax Map ID No. 1000-79-4-35. The Chairman opened the hearing at 7:50 p.m. by reading the appeal application in its entirety, legal notice of hearing and affi- davits attesting to its publication in the local and official news- papers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: We have a survey of the property and section of the County Tax Map showing this property and the surrounding properties. Southold Town Board of Appeals MAIN ROAD- STATE ROAD mS SOUTHOLD, L.I., N.Y. llCJ'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR,,CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sa~icki January 9, 1981 t Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Town Hall Southold, NY 11971 Re: Appeal No. 2729 - William C. Mercurio, and others Dear Mr. Raynor: As per the "agreement on procedures for variance matters requiring Planning Board approvals," the following matter is referred to you herewith for your review prior to the Board of Appeals' public hearing on this matter, January 22, 1981. Appellants: William C. Mercurio, Nancy J. Rodilosso, et al. Location of Property: East side of Bay Avenue, Mattituck. Proposed Project: To divide 66,304 sq. ft. parcel into two undersized parcels approximately 33,152 sq. ft. each, requiring area and road frontage variances by the Board of Appeals and subdivision approval by the Planning Board. May we have your views at your earliest convenience? Very truly yours, CHARLES GRIGONIS, JR. CG:lk CHAIRMAN Enclosure COUNTY OF SUFFOLK DEPARTMENT OF HEALTH SERVICES December 24, 1980 DAVID HARRIS, M.D., M.P.H. ~el~l~r. F~ E. Raynor, Jr., Chaiman Sou~old~own Planning Board Main Road Southold, New York 11971 Re: ^ppeal ~o. 27~9 - ^pplication of ~ancy d. Rodilosso, etal kocation: £ast s~de of Bay ^¥enue at dames Creek, Mattituck Dear Mr. Raynor: As requested, I have reviewed the above referenced project in respect to water supply and sewage disposal facilities. Information available indicated that conditions are suitable for an individual sewage disposal system. However, water queality in the area is questionable. In addition, this Department does not routinely recommend the creation of parcels less than 40,000 square feet in area where private wells and individual septic systems are proposed. Very truly yours, Royal R. Reynolds, P.E. Public Health Engineer General Engineering Services RRR:amf COUNTY CENTER (~516} 727-4700 Southold Town Board of Appeals SOUTHOLO, L, I,, N, Y, 11c '71 TELEPHONE (516) 76~-1809 A~EA L~ BOARD MEMBERS CHARLES GRIGONI$. JR.; Cha i~!tan · SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS Gerard P. Goehringer August 29, 1980 Mrs. Nancy J. Rodilosso 28 Chestnut Street Garden City, NY 11530 Re: Appeal No. 2729 - Application of William C. Mercu:cio, et al. Dear Mrs. Rodilosso: Recently, you filed an 'appeal application for a variance requesting approval of insufficient area and width of two proposed parcels and are planning to eliminate three habitable buildings and to relocate the dwelling closest to James Creek. Inasmuch as your property appears to be in an area which falls under the jurisdiction of the N.Y.S. Department of Environmental Conservation, it is advised that you contact their regional office located at the State Uni- versity of New York at Stony Brook, Building 40, Stony Brook, New York 11794 (tel. 516-751-7900). After this proposed project has been cleared with the N.Y.S. Depart- ment of Environmental Conservation, please forward copies of their final determination to our office in order that your variance application may be processed accordingly. If you have any questions, please do not hesitate to call our office at 765-1809 or 1802. Sincerely yours, CHARLES GRIGONIS, CHAIRMAN NEW'STATE DEPARTMENT OF ENVIRONMENTAL CONSE ION PERMIT NO. 15275-0150 PERMIT UNDER THE ENVIRONMENTAL CONSERVATION I. AW  ARTICLE 15, (Protection of Water) ~ ARTICLE 25, (Tidal Wetlands) ARTICLE 24, (Freshwater Wetlands) [] ARTICLE 36, (Construction in Flood Hazard Areas) PERMIT iSSUED TO Nancy J. Rodilosso, Id_nda E. Mercurio, Wm. C. Mercurio, ~ philip T. ~nd~ln~ ADDRESS OF PERMITTEE 28 Chestnut Street~ Garden City, NY 11530 LOCATION OF PROJECT (Section of stream, tidal wetland, dam, building) Jam~$ Creek DESCRIPTION OF PROJECT Subdivide a 66,304 sq. ft. lot into 2 lots _approximately 33:152 -~l- to be a covenant on both lots that all buildings be moved to or constructed w~st of a line 190' west of easterly property line. Septic systems are to be placed bet~en house~ Project site on east side of Bay Au.. between lan~ n~t_c~ fn~m~rly ¥~e & ~l~.f_~ COMMUNITY NAME (City, Town, Village) TOWN Mattituck Southold and road COUNTY PERMIT EXPIRATION DATE FIA COMMUNITY NO. DAM NO. 3/31/82 guffnl k 6£N££AL CONDITIONS 1. The permittee shall file in the office ol the appropriale Regional Permit Administrator, a notice of intention to commence work at least 4~ hours in advance of the time of commencement and shall also notify him promplly in writing of the completion of the work. 2. The permiUed v.~rk shah be subject to inspection by an authorized representative of the Deparlmem of Environmental Conservation who may order the work suspended if the public inter~st so requires. 3. As a condition of the issuance of this permit, the applicant has ac- cepted expressly, by the execution of the application, lhe full legal respon- sibility for all damages, direct or indirect, of whatever nature, and by whom- ever suffered, arising out of the project described herein and has agreed to indemnify and save harmless ~he State from suits, actions, damages and costs of every name and description resulting from the said project. 4. Any material dredged in the prosecution of the work herein permitted shalt be removed evenly, without leaving Iarge refuse piles, ridges across the bed of the waterway or flood plain or deep holes that may have a tendency to cause injury to navigable channels or ~o the banks of the waterway. 5. Any material to be deposited or dumped under this permit, eilher in the waterway or on shore above high-water mark, shall be deposited or dumped at the locality shown on the drawing hereto atlached, and, if so prescribed thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 6. There shall be no unreasonable interference with n~vigation by the work herein authorized. 7. That it future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obslrucUon lo the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or loss or destruction of the naluraI resources of Ihe State, the owner may be ordered by the Depart- ment to remove or alter the slructuraI work, obstruclions, or hazards caused thereby without expense to the State; and if, upon the expiration or revocalion of this permit, the structure, fill, excavation, or other modification of the walercourse hereby aulhorized shall not be completed, the owners shall, without expense lo the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any porUon of the ~ncompleted structure or fill and restore to its former condition ~he navigable and flood capacity of the watercourse. NO claim shall be made agains~ the State of New York on account of any such removal or alteraUon. 95-20-4 (9/75)Cc: Law Enforcement Southold ZBA 8. That the State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvemonl of navigation, or for other purposes, and no claim or right lo compensation shall accrue from any such damage. 9. That if the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be pre- scribed by the United States Coast Guard shall be installed and maintained by and at the expense of the owner. t0. All work carried out under this permit shall be performed in accor- dance with established engineering practice and in a workmanlike manner. 11. If granted under Articles 24 or 25, the Department reserves the right to reconsider this approval at any time and after due notice and hearing to continue, rescind or modify this permit in such a manner as may be found to be just and equitable. If upon the expiration or revocation of this permit, the modification of the wetland hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time amd manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made againsl the State of New York on account of any such removal or alteration, 12. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with tbe riparian rights of others to perform the permitted work or as authorizing the impairment of any rights~ title or interest in real or personal properly held or vested in a person not a party to the permit. 13. The permittee is responsible for obtaining any other permits, ap- provals, lands, easements and rights-of-way which may be required for this project. 14. If granted under Article 36, this permit is granted solely on the basis of the requirements of Article 36 of the Environmental Conservation Law and Part $00 of 6 NYCRR (Construction in Flood Plain Areas having Special Flood Hazards - Building Permits) and in no way signifies that the proiect will be free from flooding. 15. By acceptance of this permit the permittee agrees that the permit is contingent upon strict compliance with the special conditions on the reverse side. (SEE REVERSE SIDE) SPECIAL'CONDITIONS 16. 17. 18. 19. Applicant shall be liable for any damage to adjacent watezway resulting frc~ any phase of the permitted construction. We reserve the right to c~ent at a later date concern/rig other envirorm~ntal aspects of this project. The granting of this permit does not relie~ the permittee of the responsibility of ob~a~nlng any permits, licenses, or other authorization which may be required by other Stat~, Federal or local agencies. By A~uthority of Part 621 Uniform Procedures pursuant to Envi~D~tal Conserv~ti~ Law §70-0107 Section 621.11: (a) this permit may be m~dified, suspended or re%~ked by the c~mdssioner at any ~ upon one or more of the following 9zuunds: (2) failure by the permittee to c~Lgly with any terms or conditions of t~ permit. ADDRESS PERMIT ISSUE gATE J PERMIT ADMINISTRATOR 12/8/80 J DAN~.:I, ,T_ T,AT~T. CrIg' PERMIT SIGN ~ 15275-0150 has been issued to: ~ ~. ~o~o, ~,~ ~.. ~o, ~. c. ~o, ~,~?. ~,~ address: ~ ~ ~, ~ ~, ~ ~o Subdivide a 66,304 sq. ft. lot into 2 lots appzoximatsly 33,152 sq. ft. ~mh. There is to be a covenant on bo for: lots that all buildings be moved to or constructed west of a line 190' west of ~.~t~rly property line. Septic s~ste~s are to be placed between house(s) and road. Project site on ~st side of Bay Ave., bet~en lands now or formerly Yanke & Baldwin. under the Environmental Conservation Law, Article 15, [Protection of Water) Article 24, [Freshwater Wetlands) Article 25, [Tidal Wetlands) Article 36, [Construction in Flood Hazard Areas) New York State Department of Environmental Conservation Permit ~Admmlstrator 12/8/80 Date Issued e5-:~0-'~ (e/?5) 3/31/82 Formerly EA-93 Expiration Date LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, that the following matters will be held for public hearings by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, January 22, 1981: 7:35 p.m. Application of William C. Merourio, Nancy J. , Rodilosso, and others~ c/o , Nancy J. Rodilosso, 28 Chest- nut Street, Garden City, NY 11530 tbr a Variance to the Zoning Ordinance, Art. Sec. 100-31 tot approval o~" insufficient area and width of , two propos~fi parcels at the · east side of Bay Avenue, · ,~Mattituck~ NY; more partieul- , _ arlv designated as County Tax %Map ID. No. 1000-144-4-4 and , ~.bounded northeast t)y James Creek; west by Yanke and otiaersi soutl~west By Bay .,' · Avenue: east bv Hallioan. 7:S0 p.m. Application of Florence A. Evans, 3940 Orch- ard Street, Orient, NY 11957 for a Variance to the Zoning Ordinance, Art. III, Sec. 100- 31 for permission to construct dwelling with an insufficient frontyard setback off Brigan- fine Drive. Location of proper-/ ty: 2355 Anchor Lane (a/k/a 650 Brigantine Drive), South- old; Harbor Lights Subdivision Map No. 4363, Subdivision Lot No. 24; County Tax Map ID. No. 1000-079-04-35. 8:00 p.m. Application 6f Bernice Lettieri, 1430 Arrow- head Lane, Peconic, NY 11958 for a Variance to the Zoning Ordinance, Art. HI, Sec. 100- 31 and 100-32 for permission to construct tennis coutt with an insufficient setback from property lines, occupying more than 40% of rgaryar, d area, and construct tennis court in sideyard area at 1430 Arrowhead Lane, Peconic, NY; more particularly designated, as County Map ID. No. 1000. 98-02-10 and bounded north by Kappes; West by Kull; south by Abelson; east by Arrow- head Lane. 8:15 p.m. Application Of Charles A. Brautigam, 46 Benson Road, Glen Rock, N,I 07452 (by Richard F. Lark, Esq.) for Variances: (a) to amend a previous decision of this Board made on 9/28/78 in Appeal No. 2471 to permit the COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says thaf she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long IsJand Traveler-Watch- / man once each week for ................ ~. ...................... weeks successively, commencing on the "g .............. : ......................... Sworn to before me. this ....: ................... day Notary Public LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GI- VEN, PURSUANT TO Section 267 of the Town Law and the Provisions of the Amended Cede of the Town of Southold~ that the following matters will. be held for public hearings by the Soathold Town Board of Appeals at the Town Hall, Main Road, Soutbeld, N.Y., on Thursday, January 22, 1981: 7:35 p.m. Application of Wil- liam C. Mercurio. Nancy Rodilosso. and oth~r~ o/~ . Nancy J. Redilosso. 28 Ches!: ~ nar ~;treet, Garden City, N.¥ zoning Ordinance, Art. ~' Sec. 1o~-31 gor approval oF lnsuilicient area and wid-/h'~T two proposed parcem ar tt~e --~st slae ol Bay Aveelie, Mattituck, N.Y.; more Par~i- Tax Map . No. 1000-144-4.4 .~lld,_l~tlnded northen~t by James Creek; west by Yanke and ot h'e-~':,' ~ut hw~t..~.y. B~ Ave n u ?~ _e~s I ~.y lll:lgl!~ga3~_ ' 7:50 p.m. Application of Florence A. Evans, 3940 Or- chard Street, Orient, N.Y., 11957 for a Variance to the seeZ~ing~0rdinanee, Art. III, · 1~.$~ f&-lmrmi~ion to construct dwelling with an- insufficient frontyara ~tbaek off Brigantine Drive. Leeation, of property: 2355 Anchor Lane (a/k/a 650 Brigantine Drive), Southold; Harbor Lights Sub- ~liyisinn Map No. 4363, Subdiv- talon Lot No. 24; County Tax Map IDF. No. 1000-079-04-35. .8:00 p.m. Application of Bet- mee Lettleri, 1430 Arrowhead Lane, Peconie, N.Y., 11958 for a Variance to the Zoning Ordinance, Art. III, See. 100-31 and 100-32 for permission to construct lennis court with an insufficient setback from pro- perty lines, eceupying more than 40 % of roaryard area, and construct sideyard area at 1430 Arrowhead Lane, Pecon- ie, N.Y.; more particularly designated as County Tax, Map ID. No. 1000-98-02-10 and bounded north by Kappes; west by Kull; south by Abel- son; east by Arrowhead Lane. 8:15 p.m. Application of Charles A. Brautigam, 46 Ben- son Road, Glen Rock, N.J. 07452 (by Richard F. Lark, Esq.) for Variances: (a) to amend a previous decision of this Board made on 9/28/78 in Appeal No. 2471 to permit the buildingtgarage) with rooms, and (b) to review determina- tions made by the Building Inspector ~oneerning this ac- eessory building which in- eludes a garage with rooms; Art. III, See. 100-32. Lecatiorl, of property: West Road, Cut- ehogue, N.Y.; more particu- larly designated as County Tax Map ID. No. 1000-110-7-6 and bounded north by West Road; west by Lister and G. Fleet Estate; south by Cut- ehogue Harbor; east by Bicker. Dated: December 29. 1~30 BY ORDER OF THE SOUTHOLD TOWN BOARD OF ZONING APPEALS CHARLES GRIGONIS,JR. CHAIRMAN 1T 4Aff 3592 Jr o . COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: David Walker ...................................... being duly Sworn, says that . ..h.e .... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county: and that tho notice, of which the annexed is a printed copy, has been published in the said Suffolk Weekly Times once in each week, tor. . o..n.e ...................... weeks successively commencing on the 8th Sworn to before me this 8th ......... .......... LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section Law and the Provisions of the Amended Code of the Southold, that the following matters will be held hearings by the Southold Town Board Main Road, Southold, NY on Thursday, :35 p.m. Application of William C. Rodilosso, and others, c/o Nancy J. Street, Garden City, NY 11530 for a of Appeals at the Town January 22, 1981: 267 of the Town Town of for public Hall, Ordinance, Art. area and width Bay Avenue, Mattituck, County Tax Map ID. No. Mercurio, Nancy J. Rodilosso, 28 Chestnut Variance to the Zoning III, Sec. lO0-31 for approval of insufficient of two proposed parcels at the east side of NY; more particularly designated as 1000-144-4-4 and bounded northeast by Yanke and others; southwest by Bay Avenue; James Creek; west by east by Halligan. A. Evans, 3940 Orchard Street, the Zoning Ordinance, Art. construct dwelling with an Brigantine Drive. Location 7:50 p.m. Application of Florence Orient, NY 11957 for a Variance to III, Sec. 100-31 for permission to insufficient frontyard setback off of property: 2355 Anchor Lane (a/k/a 650 Brigantine Drive), Southold; Harbor Lights Subdivision Map No. 4363, Subdivision Lot No. 24; County Tax Map ID. No. 1000-079-04-35. 8:00 p.m.. Application of Bernice Lettieri, 1430 Arrowhead Lane, Peconic, NY 11958 for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 and 100-32 for permission to construct tennis court with an insufficient setback from property lines, occupying more than 40% of sideyard area at larly designated rearyard area, and construct 1430 Arrowhead Lane, Peconic, NY; more particu- as County Tax Map ID. No. 1000-98-02-10 and Legal Notice of Hearings - Page 2 of 2 ~ Southold Town Board of Appeals Regular Meeting to be Held January 22, 1981 bounded north by Kappes; west by Kull; south by Abelson; east by Arrowhead Lane. 8:15 p.m. Application of Charles A. Brauti~am, 46 Benson Road, ' Glen Rock, NJ 07452 (by Richard F. Lark, Esq.) for Variances: (a) to amend a previous decision of this Board made on 9/28/78 in Appeal No. 2471 to permit the construction of an accessory building (garage) with rooms, and (b) to review determinations I made by the Building Inspector concerning this accessory building which includes a garage with rooms; Art. III, Sec. 100-32. Location of property: West Road, Cutchogue, NY; more particularly designated as County Tax Map north by West Road; west by by Cutchogue Harbor; ID. No. 1000-110-7-6 and bounded Lister and G. Fleet Estate; south east by Bicker. Dated: December 29, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF ZONING APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, the week of 2/8/81 and forward four (4) affidavits of publication to: Mrs. Linda Kowalski, Board of Appeals, Town Hall, Southold, NY 11971. (765-1809). Copies mailed on 1/5/81 to: Mrs. Nancy J. Rodilosso, 28 Chestnut St, Garden City, NY 11530 Ms. Florence A. Evans, 3940 Orchard St., Orient, NY 11957 Mrs. Bernice Lettieri, 1430 Arrowhead Lane, Peconic, NY 11958 Richard F. Lark, Esq. for Mr. Charles A. Brautigam, Cutchogue, NY Southo!d Town Board of Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS, .IR., CHAIRMAN SERGE DOYEN, JR. ROBERT .1. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki Pursuant TYPE II ACTION DESIGNATION NOTICE OF NO SIGNIFICANT EFFECT UPON THE ENVIRONMENT to Section 617.13 of the New York State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conser- vation Law, and Section 44-4 of the Southold Town Code, the South- old Town Board of Appeals has determined the following-described project is classified as a Type II Action, not having significant adverse effects upon the environment. Pursuant to Section 617.5(a) of the New York State Environmental Quality Review Act, no further determination or procedure is required herein. This declaration should not be considered a determination made for any other depart- ment or agency which may also be involved or any other project not covered by the within application. Applicant has submitted an environmental assessment in the short form which indicates that no adverse effects were likely to occur to the environment. Applicants have obtained permission from the Dept. of Environmental Conservation, with several conditions as listed in Permit #TW 15275-0150 dated 12/8/80. Appl..ic.ant's ~ame: Linda E. Mercurio, et al. Appeal No. 2729. Description of Project: Approval of insufficient area and width of two proposed parcels, each containing approximately 32,000 square feet in area and 79.66 feet in width along Bay Avenue. Also, proposal to remove existing dwelling(s) and construct new dwelling in new area. Date and Place of Public Hearing: Thurs, Jan. 22, 1981 at the Southold Town Hall, Main Road, Southold, New York. Documents on File: Appeal Application, Notice to adjoining prop- erty owners with mail receipts, Surveys or Sketches of the proposed project, Notice of Disapproval from the Building Inspector, Notice of Hearing, Environmental Assessment in the short form, photocopy of the County Tax Map showing this property and the surrounding area, and other documents as may be required. Person to Contact for Additional Information: Linda Kowalski, Secretary to the Board of Appeals, Town Hall, Main Road, Southold, New York 11971. Telephone (516) 765-1809, or 1802 (Building Inspector). Dated: December 29, 1980. By: Linda F. Kowalski, Secretary Copies to: Applicant or his agent. Town Clerk's Bulletin Board. Supervisor, Town of Southold. NEW OSTATE DEPARTMENT OF ENVIRONMENTAL CON: PERMIT UNDER THE ENVIRONMENTAL CONSERVATION LAW J ARTICLE 15, (Proteution of Water) [] ARTICLE 25, (Tidal Wetlands) ARTICLE 24, (Freshwater Wetlands) [] ARTICLE 36, (Construction in Flood Hazard Areas) PERMIT NO. 15275-O].50 PERMIT ISSUED TO J. ADDRESS OF PERMITTEE 28 ~ Stl~, Garden C:Lt¥, NY 1/530 LOCATION OF PROJECT (Section of stream, tidal wetland, dam, building) DESCRIPTION OF PROJECT 1~0 be a ooverl~t o~ ]~oth lots that all ]::~'11~1'1~C,:,:,:,:,:,:,:,:~ J:~ ~ *bD or oc)~ ~ of a 14,,~ JTOWN ~.J'JCk~J COMMUNITY NAME (City, Town, Village) COUNTY'~l'l~'J~'t~'l J( FIA COMMUNITY NO. DAM NO. GENERAL CONDITIONS 1. The permJttee shall file Jn the office of the appropriate Regional Permit Administrator, a notice of intenlion to commence work at least 48 hours in advance of the time of commencemenl and shall also notify him promptly in writing of the completion of the wurk. 2. The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation who may order the work suspended if the public interest so requires. 3. As a condition of the issuance of this permit, the applicant has ac- cepted expressly, by the execution of the application, the full Jegal respon- sibility for all damages, direct or indirect, of whatever nature, and by whom- ever suffered, arising out of the project described herein and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from the said project. 4. Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of the waterway or flood plain or deep holes that may have a tendency to cause injury to navigable channels or to the banks of the waterway. 5. Any material to be deposited or dumped under this permit, either in the walerway or on shore above high-water mark, shall be deposiled or dumped at the locality shown on the drawing hereto attached, and, if so prescribed thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 6. There shall be no unreasonable interference with navigalion by the work herein authorized. ?. That if future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger lhe health, safely or welfare of the people of the State, or loss or destruction of the nalural resources of the State, the owner may be ordered by the Depart- ment to remove or alter the structural work, obstructions, or hazards caused thereby withoul expense to the State; and if, upon the expiralion or revocation of this permit, the structure, fill, excavation, or other mndificalion of the watercourse hereby authorized shall not be completed, the owners shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 95-20-4 (9/75) ~:)1,~C~ ~ ,~/ (SEE REVERSE SIDE) 8. That the State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may ~e caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 9. That if the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be pre- scribed by the United States Coast Guard shall be installed and maintained by and at the expense of the owner. 10. All work carried out under this permit shall be performed in accor- dance with established engineering practice and in a workmanlike manner. 11. If granted under Articles 24 or 25, the Department reserves the right to reconsider this approval at any time and after due notice and hearing to continue, rescind or modify this permit in such a manner as may he found to be just and equitable. If upon the expiration or revocation of this permit, the modification of the wetland hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove alt or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 12. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others to perform the permitted work or as authorizing the impairment of any rights, title or interest in real or personal property held or vested in a person not a party to the permit. 13. The permittee is responsible for obtaining any other permits, ap- provals, lands, easements and rights.of-way which may be required for this project. 14. If granted under Article 36, this permit is granted solely on the basis of the requirements of Article 36 of the Environmental Conservation Law and Part 500 of 6 NYCRR (Constructiofl in Flood Plain Areas having Special Flood Hazards - Building Permits) and in no way signifies that the project will be free from flooding. 15. By acceptance of this permit the permittee agrees that the permit is contingent upon strict compliance with the special conditions on the reverse side. SPECIAL CONDITIONS 18, 19. We reserve the right to ~,~-~t at a later date co~w~9__~l/ng other env~tal aspects .of this project. By A~hority of Part 621 Unifonm Procedures pursuant %9 ~~-1 Ckmservati~ Law ~70-0107 Se~.~_%c~ 621,11: (a) this permit may be taxi!lied, suspended or re~k~ by the ~,Jssie~er at any time ~on c~e or ~re of the fo?3m.~u~ gE~nds: (2) failure by the pexmi~_~ to am~i~ly with any ~ ar can~iticl~ of the pen~t. PERMIT ISSUE DATE PERMIT ADMINISTRATOR ADDRESS __ 19/'8/80 ~. J. IARKIN I ~,r~: an; .~,a, @ ~ _,,,~-~.. ~ APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR.,CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD. L.I.. N.Y. 119'71 TELEPHONE (516) 765-1809 December 15, 1980 NOTICE OF COMPLETE APPLICATION To: Re: Suffolk County Department County Center Riverhead, NY ll901 of Health Services Appeal No. 2729 - Application of Nancy J. R0dil0ss0, linda Location: East side of Bay Ave at James Creek, Mattituck Mercurio, eta' Dear Sirs: This Department has received a complete application regard- ing the above-entitled matter wherein applicant(s) are %e~%%ting permission for approval of insufficienf area and width proposed parcels, each containing approximately 32,000 sq. ft. Pursuant to Section 617.4(c) of the N.Y.S. Environmental Quality Review Act, your comments and recommendations on this proposed project are requested as e~rly as possible. hearing on this appeal application is tentatively sch~d~l~b~i~0r January 15, ]98l. We shall interpret a lack of response by December 26, 1980, to mean there is no objection by your agency. Enclosed for your review are copies of the subject applica- tion. For further information, please contact our secretary, Linda Kowalski at (516) 765-1809 or 1802. Sincerely yours, Enclosures NOTE: D.E.C. Permit enclosed. CHARLES GRIGONIS, JR. CHAIRMAN #TW 15275-0150 was issued 12/8/80, copy 14-12-4 (5/80) NOTICE OF COMPLETE APPLICATION THIS IS NOT A PERMIT TO: Applicant g~m.~, J. ~-~t t~.u~-, Date 1D~]~O Address 21~ ~ ~c~. App. Nos. Permit(s) applied for: Project Description Town UOtlg,hol~ County [] and Site Location: lo~ a~oxir~tely 33,1%2 ~q. ft. lot .-d~e. Aa mitic~t:i~,~ PUBLIC COMMENT: Applications may be reviewed at the address listed below and specific comments on the proj- ect, or a request to become a party-in-interest if a public hearing is held, must be submitted in writing to the contact person named ~]¥z, Jo LA,P-2~d4 below no later than ,~iO.~ 2~, 2{J9~0 (By law, this date must be at least 14 days (30 days for a SPDES Permit) from the date the notice will appear in the Environmental Notice Bulletin.) LEAD AGENCY: SEQR DETERMINATION: (check appropriate box) [] SEQR-1 Project is not subject to SEQR because it is exempt, excluded, or a Type II action. [] SEQR-2 [~4SEQR-3 [] SEQR-4 [] SEQR-5 CONTACT: Project is a Type 1 action; it has been determined that the project ~¥, will not) !--' ., , ' ) have a significant effect on the environment. A Negative Declaration has been prepared and is on file. Project is an unlisted action; it has been determined that the project will not have a significant effect on the environment. A draft environmental impact statement has been prepared on this project and is on file. A final environmental impact statement has been prepared on this project and is on file. (name, agency, address, telephone number) TO THE This is to advise that your application is complete and a review has commenced. Additional information may be requested from you APPLICANT: at a future date, if deemed necessary in order to process the application. The project has been classified non-minor. Accordingly, a decision will be made within 90 days of the date of this notice. If a public hearing is necessary, you will be notified within 60 days, and the hearing will commence with 90 days of the date of this notice. If a hearing is held, the final decision will be made within 60 days after the hearing is completed. cc:ChiefExecutiveOfficer ~1.~ "/'/~ Environmental Notice Bulletin, Room 509, 50 Wol[ Road, Albany, N. Y. 12233 File ENB ~ $outhold Town Board of Appeals APPEALS BOARD MEMBERS CHARLESGR GONIS, JR,r Chairman SERGE DOYEN,JR, TERRYTUTHILL ROBERT J. DOUGLASS Gerard P. Goehringer -mOUTHOLD, L. I., N.Y. 11971 TELEPHONE (516) 765-1809 August 29, 1980 Mrs. Nancy J. Rodilosso 28 Chestnut Street Garden City, NY 11530 Re: Appeal No. 2729 - Application of William C. Mercurio, et al. Dear Mrs. Rodilosso: Recently, you filed an appeal application for a variance requesting approval of insufficient area and width of two proposed parcels and are planning to eliminate three habitable buildings and to relocate the dwelling closest to James Creek. Inasmuch as your property appears to be in an area which falls under the jurisdiction of the N.Y.S. Department of Environmental ConservatiDn, it is advised that you contact their regional office located at the State Uni- versity of New York at Stony Brook, Building 40, Stony Brook, New York 11794 (tel. 516-751-7900). After this proposed project has been cleared with the N.Y.S. Depart- ment of Environmental Conservation, please forward copies of their final determination to our office in order that your variance application may be processed accordingly. If you have any questions, please do not hesitate to call our office at 765-1809 or 1802. Sincerely yours, CHARLES GRIGONIS, JR. CHAIRMAN HENRY E. RAYNOR. Jr,.Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI,$r. GEORGE RITC~E LATHAM, Jr. Southold, N.Y. 11971 August 28, 1980 TELEPHONE 765- 1938 Mr. Charles Grigonis, Chairman Zoning Board of Appeals Town Hall Southold, New York 11971 Dear Mr. Grigonis: The Planning Board has reviewed your referral in the matter of William C. Mercurio. The further division of this property is not in accordance with the standards the Planning Board would be considering. The property was subdivided in 1976 without approval from the Planning Board. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN~/~NING BOARD By Mu~_el Tolman, Secretary Planning Board -2- Augur20, 1980 k On motion made by Mr. 0rlowski, seconded by Mr. Latham, it was k RESOLVED to approve the sketch map of the minor subdivision of ~ Thomas V. & Edith M. Perille located at Laurel, said map dated July '14, 1980. Vote of the Board: Ayes: Raynor, Gordon, OrloWski, Latham On motion made by Mr. Orlowski, seconded by Mr. L~tham, it was RESOLVED to set 7:30 p.m., Monday, September 22, 1980, at the Town Hall, Main Road, Southold, New York, as the time and place'for a public hearing on the question of the approval of the minor subdivision of property of Thomas V. & Edith M. Perillo located at Laurel. ' Vote of the Board: Ayes: Ra~or, Gordon, Orlowski, Lath~ The members present reviewed the open development area granted by resolution of the Town Board in 1958 to Fishers Island Estates. The Board will meet at 2:00 in the afternnon with Jansen Noyes, President of Fidco. On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED to recommend to the Southold Town Board approval of the petition of John J. Miesner, Jr., requesting a change of zone from "A" Residential and Agricultural District to "B-l" General Business District on property located at Cutchogue, New York. Vote of the Board: Ayes: Raynor, Orlowski, Latham, Gordon ~.C'T~r~u~._~~ an~.o~h~rs r~f~ral from the Zoning Board of ~h the st~d~e~Y~ o~ ~n~s prg~e~ty is not in accordance - ~ng ~oard WOULd ~e considering. The property was subdivided in 1976 without approval from the Planning ~oard. %%% Katie J. Dexter referral from the Zoning Board of Appeals regarding approval of access. The layout appears to be in accordance with Planning Board standards as lots meet the minimum standards with regard to width and area. Katie J. Dexter referral from the Zoning Board of Appeals for lots of insufficien~ area. Because the reduction in the lot area is within ten percent of that required by the Code of the Town of Southold Bulk and Parking schedule, the Board would look favorably on this division. APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR.,CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Southold Town Board of Appeals MAIN ROAD- STATE RrnAD 2,.5 SDUTHrnLD, L.I., N.Y, 11971 TELEPHONE (516) 765-1809 August 15, 1980 Mrs. Nancy J. Rodilosso 28 Chestnut Street Garden City, NY 11530 Re: Appeal No. 2729 - Application of William C. Mercurio & others Dear Mrs. Rodilosso: At a regular meeting held August 14, 1980, it was the consensus of the Board to hold this matter in abeyance pending receipt of written comments from other agencies which may be involved. If you have any questions, please do not hesitate to call. We will keep you advised regarding developments. Sincerely yours, CHARLES GRIGONIS, JR. CHAIRMAN Southold Town Board of Appeals HAIN ROAD- .STATE ROAD 2.5 SOUTHOLD. L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR.,CHAIRMAN SERGE DOYEN, JR. TERRY TUTNILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER August 8, 1980 NOT_ICE OF COMPLETE APPLICATION To: N.Y.S. Department of Environmental Conservation S.U.N.Y.at Stony Brook Building 40 Stony Brook, NY 11794 Re: Appeal No. 2729 - Application of William C. Mercurio & others Location: 2425 Bay Avenue, Mattituck, New York (James Creek) Dear Sirs: This Department has received a complete application regard- ing the above-entitled matter wherein applicant(s) are requesting approval of insufficient area and width of two proposed parcels & are planning to eliminate three most westerly habitable buildings and to relocate dwelling nearest James Creek. Pursuant to Section 617.4(c) of the N.Y.S. Environmental Quality Review Act, your comments and recommendations on this proposed project are requested as early as possible. A public hearing on this appeal application is tentatively scheduled for September 4, 1980. We shall interpret a lack of response by September 2, 1980, to mean there is no objection by your agency. Enclosed for your review are copies of the subject applica- tion. For further information, please contact our secretary, Linda Kowalski at (516) 765-1809 or 1802. Sincerely yours, CHARLES GRIGONIS, JR. CHAIRMAN Enclosures Southold Town Board of Appeals 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. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER August 6, 1980 Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Main Road Southold, NY 11971 Re: Appeal No. 2729 - Application of William C. Mercurio & Others Location of Property: 2425 Bay Avenue, Mattituck, New York Dear Henry: The subject variance application requesting approval of insufficient area and width for two proposed parcels has recently been filed with our department. Inasmuch as the subdivision proposed will require approvals from your Board, we request: (a) whether or not the proposed layout appears to be in accordance with the standards you would be considering; (b) whether the subject property has had restrictions imposed by your Department if this property had been involved with previous subdivision(s); (c) that you submit your comments as early as possible. Sincerely yours, CG:lk Enclosure CHARLES GRIGONIS, JR. CHAIRMAN NOTICE OF "~ PUBLIC HEARINGS PUrsuant to Section 207 of the Town Law and the Pro- visions of the Amended Code of the ToWn of Southold, the folloy/ing matters will be held for public hearings by the Board of Appeals of the Town of Southold, at Town Hall, Main Road, Southold, New York, on'Thursday, August 28, 1980: 7:35 p.m. Application of Harry O, Hurlbutt, .Ir., 7014 Sheaff Lane, Ft. Washington, PA 19034, for a Variance to the Zoning Ordinance, Article Ill, Sections 100-30C and 100-32 for permission to establish g~l~st/piny house, an addition- al dwelling use, on a single parcel. Location of property: ~Private Road, Fishers Island, NY; bounded north by Walker, West by Spofford, south by Private Road, east by Private Road and Sorensen; County Tax Map Item No. 1000-3-2- 10. 7:50 p.m. Application of Clara Prout (by Thomas Reed as agent), 107 Greenacres Avenue, 'White Plains, NY 10606, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition with an ins~cieut .re~,yard setback. NY; bounded north by Jockey Creek, west by Dyer, south by Norris, east by Shecter; Coun* ty Tax Map Item No. 1000. 70-6-16. 8:00 n.m. Aoulication William C. Mercurio and L~OS!JE others, by Nancy J. Ro~flosso, 28 Chestnut Street, Garden City, NY 11530, for a Vari- ance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width for two proposed parcels. Location of property: 2425 Bay Avenue, Martituck, NY; bounded north by James Creek, west by Yanke others, south by Bay Avenue, east by Hailigen; County Tax Map Item No. 1000-1444-4. 8:15 p.m. Application of ~., ' Frank E. and Mary Erophy (by COUNTY OF SL STATE OF NEx,,V YORK Potricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, r:os been published in said Lon~ Island Traveler-Watch- / man once each week for .......... t. ............................ weeks successive{y, commencing on the ...~. ................................... Sworn to before me this .....~. ............... ~a¥ o~ 'i:~ 5Y-~2i Y25 William H Pr ce, Jr. Esq.), ] :P k 75 Second Street. New Suffol , I NY ll~6.fo~Variance to the ~,~ Zoning Ordinance, Article IlL. u~'~ yar~ - ?5 Second ~tree~ propertY' ,,. sly; bounde FORM NO,$ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL Z~ C:'FI£Sr~uF ~T.]. CH~Iebe~ Er'r'( ~,~,'(', 6or ~er~ff ~o ~ ....................................... o~ fl~e premises locofe~ o~ .................................... ~.~z....Z~..r. ......... ~..~s ................. s,~, ~b ~ Mop .................................... Block ............................................ Lot ................................................ is returned herewith and disopproved on the follow;ng grounds ..~.~'.~!..~.~.~Z~. .......................... ..~.$~..~ ....... ~......{~.~z~ .............. ~.'~.....~ ......... ~.~.E..:.~.( ................................................... yToopos£.b },trtB -To HA YE ON E Building Inspector C,~e er.___ JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 August 5, 1980 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2729, application of William C. Mercurio and others for a variance. Also attached is Short Environ- mental Assessment Form, Notice of Disapproval from the Building Department and Notice to the following adjoining property owners: Mr. Ed Yanke Jr. and Mr. & Mrs. J. Halligan. ~ . . .SHORT E RONMENTAL'ASS.f~SIAE,NT ~OR INSTRUCTIONS:', ' answer the questions in this short EAF it is assumed In oraer 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 a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely ~hat {his project is not significant. Environmental Assessment (dj ~. ~i1~ project result in e large physical change to the project site or physically alter more than lO acres of land? ........................ · 2. ~ill there be a major change to ~ny unique or ......... ii ~£11 project alter or have a large'effect on 3. existina body of ~ater? .................... ]' Yps 4. Will projec~ have a potentzally large zmpac Yes j o on groundwater quality? ....................... 5. ~?iil project significantly effect drainage flow on adjacen~ sites? ........................ Yes ~. ~ill project affect any threatened or endangered plant or animal species? ........... Yes. 7. Will project result in a major adverse effee~ on air quality? ............................... Yes o 8. ~ill project have a major effect on visual character of the community or scenic views or vistas known to:be important to the community?. Yes ~. ~ill project adversely ~mpact any site or .' structure of historic, prehistoric or .. paleontological ~mportonce or any site designated as a critical environmental area by a local agency? ............ ;;...;-~.;-.-...v.,..~ Yes o 10. ~ill project have a major effect on existing or future recreatkonol opportunk~ies? ......... Yes~ o 11. ~ill project result in.nojor traffic problems oK cause a major effect ~o existing Y ~o' transportation systems? ....................... es 12. ~ill project .regularly cause objec~konab}e odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation? ..... ' · · ' ' - ' 13. ~ projec~'h&~& ~ ~&&~ ~ ~&~& fi&~" Yes Yes~No or.safety7 ..... directly causing o growth in permanent population o~ more than 5 percent over a one year per~od or have o ~o5or negb¢ive effect on the chara~t'er of the communLty or 15. Is there publkc controversy concernzng project? .................................. . .~es PREPARER'S SIGNAIURE_ ~ , REPRESENTING ~OWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING iNSPECTOR APPEAL NO. "~. '~-~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ], (We).. J,O.(~....C:.. ~...C.~.C./.O.... ,O. of ............ .k4 ....... ~)..Q~.iQ.~=.~.. .................. Name of Appella.nt Str~Jet and Number Municipality ...... ~; .......... HEREBY 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 of ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Name of Applicant for permit ..... .............. .L .............. KY. ....................... Street ~nd Number Municipality Sta~e ]. LOCATION OF THE PROPERTY .~.~..~L...~......../~....~...~..~..?...~ ................. ..~.~.~../...~.?.~.~Zt~.~....b~.S[~ 17)~/']~1/~ Use District on Zoning Map .......................... Map No. Lot No. section and Paragraph of the Zoning Ordinance by number. Do 3. TYPE OF APPEAL Appeal is made herewith for (~') A VARIANCE to the Zoning Ordinonce or Zoning Mop ( PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- not quote the Ordinance.) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (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 ...................................................................... ( ) (X) ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance l~orm ZBI (Continue on other side) REASON FOR APPEAL Continued 2. The hardship created is UNIQUE and is not shared by ail 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 DISTRI~C,T because ~ ,~ ,~c~-~ ~ ~ (~2J COUNTY OF ) ~.,/~z Signature 5worn to this .............................................. day of ........................... 19J:~ NAME PI9 0285T5 RECEIPTIF~-'~ERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL PROOF OF MAILING OF NOTICE ADDRESS RECF-'%t:)'T i:OR~:~F%EO NtAIL CERTIFIED FEE STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~'~-~'/~'~') [(~/'~. /~/~/ //_,~2r_.~ , being duly sworn, deposes and says that on the ~ day of- /-~ztG~c/'/-- [ ,19 c.~2~ (') , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at (E~i~l~-~- ~c~ ~/~ o J~ ; that said Notices were mailed to each of said persons by (certified) (r~gistered) mail. Sworn to before me this day of ~~ NotarVPublic/ JUDITH 1'. TERRY Nota~' Public, State of New York No. 52-0344963 Suffolk County~h Commission Expires March 30, 19~/~/ SURVEY FOR HAROLD G. ~i ELSIE BALDWIN AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK 'CO, UNTY, N. Y. SCALE: I"='~0' SEPT. Z2, I970 NOV, I0, 1970 GUA RAN TEED TO ~ SECURITY TITLE B GUARANTt SUFFOLK COUNTY NATIONAL LAND SU N.Y.S, LI( NIVERHf2 445' SHORELiNE~