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Home My WebLink About2938CA-coas~ruc% new nsuff, front and rear ~rds and 'f~r- TOWN Ob' $OUTHOLD~ NEW YOI~K A~T~O~ O~ ~H~ ZO~ ao~,a~ o~ Appeal No. 2938 by application DaSd December 11, ACTION OF THE ZONING BOARD OF APPEALS OF TIiE TOWN OF SOUTHOLD To Mr. Joseph D. Posillico, Sr. 100 Broadhollow Road Farminqdale, NY 11735 1981 at a meeting of the Zo~ng Board of Appeals on February 4, 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 trader the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. ]'TI t ( ) 1982 Section 100-35 ~e appeal 1. Sk~/~il~~xRKxe/~i~iOXX~:l~iN~X~t~llm~X~/~X~:~pHan ( ) be ~anted ( ) be denied pursuant to Artkle .................... Sec~on .................... Subse~on .................... paragraph .................... of the ~ning ~dinance an~ the decisien of the Building I~pector ( ) be reversed ( ) be ~~x Public Hearing: 2/4/82: Application of Joseph D. Posillico, Sr., 3605 Camp Mineola Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission to construct fence exceeding four feet;in height along the frontyard area at 3605 Camp Mineola Road, Mattituck, NY; bounded north by Corwin; east by McMahon; south by the bay; west by Private Road, Corwin; County Tax Map Parcel No. 1000-123-6-12.4. (SEE REVERSE SIDE) 2. VARIAi'ICE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because (SEE REVERSE SIDE) 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 apirit of the Ordinance and (would) chan~e the character of the district because (would not) (SEE REVERSE SIDE) and therefo,r.e, it was further determined that the requested variance ( ) be grented ( ) be denied and that the pr, violas, tt¢c~inn~)£the Building Inspector ( ) be :or[firmed ( ) be reversed. GPG: lk I<ECEIVED AND FILED BY FORM Z]~ TH,v. SOU/~tOLD TOWN CLEPJI zo, ~rd P. Goehrinqer, ChaJ_rman IING BOARD OF A~PPEALS By this appeal, appellant seeks permission to construct approximately 180 feet in length of six-foot high fenc- ing on the westerly property line abutting the private road. Applicant has stated that he needs the fencing over four feet high (four feet is permitted by the zoning code) for privacy from vehicles parked on the dead-end road. Applicant has not set forth for the record practical difficulties, nor has the burden of proof for economic injury, effect of variance on the character of the neighborhood, or uniqueness been shown. In viewing the properties in the neighborhood, the board has found that fences that have been constructed are not in excess of four feet high. It is the opinion of the board that the granting of the relief requested would not substantiate justi- fication therefor. In considering this appeal, the board determines that the variance request is substantial in relation to the code require- ments; that the circumstances herein are not unique; that by allowing the variance a detriment to adjoining properties would be created; that the difficulty can be obviated by a method, feasible to appellant, other than a variance; that the relief requested will not be in harmony with or promote the general purposes of zoning; and that the interests of justice will not be served by allowing the variance. On motion by Mr. Doyen, seconded by Mr. Douglass, it was RESOLVED, to deny the application of Joseph D. Posillico, Sr. as applied for in Appeal No. 2938. Location of Property: 3605 Camp Mineola Road, Mattituck, NY; bounded north by Corwin; east by McMahon; south by the bay; west by Private Road, Corwin; County Tax Map Parcel 1000-123-6- 12.4. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) APPRUVED Chairman Board of Appeals TELEPHONE (516) 765-1809 APPEALSBOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGERt JOSEPH H. SAWICKI Chairman February 22, 1982 Mr. Joseph D. Posillico, 100 Broadhollow Road Farmingdale, NY 11735 Sr. Dear Sir or Madam: Attached herewith is a copy of the formal findings and determination recently rendered and filed this date with the office of the Town Clerk concerning your application. In the event your applicant has been approved, please be sure to return to the Building Department for approval of any new construction, or for a Certificate of Occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the Building Inspector at 765-1802. Yours very ~ruly, GPG:lk Enclosure cc: Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary COUNTY OF SUFFOLK DEPARTMENT OF PLANNING Town of Southold Board of Appeals (516) 360-5513 LItE £. KOPPELMAN February 11, 1982 ~ 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. Applicant Municipal File Number William Killian & Wife Frances N. Frisbee Frank E. Brophy Frank & Robert Klos David Strong Martin Nelsen Joseph D. Posillico, Sr. 2905 2913 2922 2931 2933 2934 2938 GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE RI-lAD 25 sr'IUTHFILD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: X Variance from the Zoning Code, Article .lZ!, Section /cC - 23- Variance from Determination of Southold Town Building Inspector -- Special Exception, Article , Section __ Special Permit Appeal No.: ~ Applicant: Location of Affected Land: County Tax Map Item No.: 1000- Within 500 feet of: __ Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) -- State or County Road, Parkway, Highway, Thruway __ Boundary of Existing or Proposed County, State or Federally- Owned Land __ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or __ Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to Cop~es of Town file and related documents enclosed herewith for your review. Secretary, Board of Appeals Southold Town Board of Appeals lvtAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGFR JOSEPH H, SAWlCKI February 8, 1982 Mr. Joseph D. Posillico, Sr. 100 Broadhollow Road Farmingdale, NY 11735 Re: Appeal No. 2938 Dear Mr. Posillico: Please be advised that the following action was taken at a Regular Meeting held February 4, 1982 concerning your recent application for a variance: RESOLVED, to deny the application of Joseph D. Posillico, Sr. as applied for in Appeal No. 2938. This resolution was unanimously adopted. An official determination and findings will be filed with the office of the Town Clerk as soon as possible and simultaneously forwarded to you for your records. If you have any questions, please do not hesitate to call our office. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda~Kowalski, Secretary 2£ O6 LEGAL NOTICE ~ Tax Map Parcel 1000-66-2-44. NOTICE IS HF.,REBY 7:40 p.m. Application of GIVEN, pursuant to Section Mignon S. LaMorte, 620 Ely 267 of the Town Law and the Avenue, Pelham, NY (by John Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings have been postponed until Thursday, February 4, 19~2 to be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southoldt NY, commencing at 7:15 p.m. and as follows: · ~_ 7:15 p.m. ~Appli~ation n~ ¥, ~to u,c ~onlng Ordinancq, '3605 Camp Mineola Roa~, '~yi,~fiLucg, ~ x; oounded north oy Co, wl.i'=a~ by Mc~Wahon; ~outh by the hnv; ~,o~ a~.~ Private Read, Corwin; County ~ Application ut' Beverly Andrews, 145 Maple Lane, Mattituck, NY (by A. Siemerling as agent) for a Variance to the Zoning Ordinance, Article III, Sections 100-32 and 100~34 for inground swimmingpool in/ sideyard area on a corner lot at of Grand Avenue and Maple Lane, Mattituck, NY; bounded north by Jemmott; east by Young; south by Maple Avenue; west by Grand Avenue; County Tax Map Parcel 1000-107-02-part of 010. 7:30 p.m. Application of Richard Mohring, 460 Glen Cove Avenue, Sea Cliff, NJ ( by Rudolph H. Bruer, Esq.) for a Article 16, Section 280A. Location of Property: Righ~- of-Way off the west side of Southold, NY: bounded north by Carney; east by Lewis; south by the bay; west by Bertani as agent) for a Variance for approval of access, New York Town Law Article 16, Section 280A. Location of Property: Right- of-Way off the west side of Arshamomaque Avenue, Southold, NY; bounded north by Lieblein; east by Lewis; south by the bay; west by Mohring (formerly Clauser). __ County Tax Map Parcel 1000-~ 66-2-45. 7:45 p.m. Application of Peter and Mary O'Hanion, 610 South Ninth Street, New Hyde Park, NY 11040 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient rearyard area at 73O Greenway' West, Orient, NY; bounded north by Trezzo; east by Stuke; south by Kmetz; west by Greenway West. County Tax Map Parcel 1000-15-1-20. (Richard Lipman, Esq.) 7:55 p.m. (Recessed Hearing). Application of William J. Clark, Esq. for Joseph Yaboni and Myron Hauptman, Middle Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30A and 100-32B for approval of insufficient sideyard areas of existing buildings due to location of new lot lines. Location of Property: Oregon Road and Elijah's Lane, Mattituck, NY; bounded north by North Road and Reliable Associates; west by Elijah's Lane; south by Tuthill; east by Yaboni & ann. County Tax Map Parcel No. 1000-100-4-6. 8:00 p.m. Application of Robert and Frank Klos Main Road, Cutchogue, NY (Chet Orlowski, Builder) for a/ Special Exception to the Zoning Ordinance, Article VII, Section I00-70B(4) for permission to construct .addition to principal building in this B-1 Zone District at 37570~in Road, Peconic- C ut c Ill~' ,e, New York; bounded north by Main Road; east by Konarski; south by Hutton; west by Hurton. County Tax Map Parcel 1000- 85-3-6. DATED:January14,1982. ' in said County, BYORDEROF ' THESOUTHOLDTOWN TIMES, a weekly BOARD OF APPEALS GERARD P. GOEHRINGER, ;outhold, County ~i~-/ CHAIRMAN ..d copy that has By Linda Kowalski, Secretary in each week 1TJ21-3861 the.~/.~ day ' 19'~..~ ! me thi~....~J.~ ...................... . ................ 19.....~.....'~... ......................... K DE VOE ~ , State of New ,Suttolk Count LEGAL NOTICE NOTICE IS HEREBY GIVEN. purscant 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 have been postponed until Thurs- day, February 4, 1982 to be held by the Southold Town Board of Appeals at the Town Hall. Main Road, Southold, N.Y., commencing at 7:15 P.M. and as follows~ f7'.'i5 P.M. Application of~ Joseph D. Posillico, Sr.', 3605 Camp Mineola Road, Matti- tuck, N.Y. for a Variance to the Zoning Ordinance, Article Ill,, Section 100-35 for permissio~ to construct fence exceeding four feet in height along the frontyard area at 3605 Camp~ Mineola Road, Mattituck, N.Y.; bounded north by Car- win; east by McMahon; south by the bay; west by Private Road, Corwin; County Tax ~.._Map Parcel 1000-123-6-12.4. ¢ ..... ' 7:25-P.M. Application of Beverly Andrews, 145 Maple Lane, Martituck, N.Y. (by A. Siemerling as agent) for a Variance to the Zoning Ordi- nance, Article III, Sections 100-32 and 100-34 for permis- sion to construct inground swimmingpool in sideyard area on a corner lot at/ premises located on the corner of Grand Avenue and Maple Lane, Mattltuck, N.Y.; bound- ed north by Jemmott; east by Young; south by Maple Ave- nue; west by Grand Avenue; County Tax Map Parcel 1000- 107-02 part of 010. 7:30 P.M. Application of Richard Mohring, 460 Glen Cove Avenue, Sea Cliff, N.J. (by Rudolph H. Bruer, Esq.) for a Variance for approval of access, New York Town Law Article 16, Section 280A. Lo- -.~ cation of Property: Right-of- '~?~ Way off the west side of :: 'Arshamomaque Avenue, · ~--~; L'Southold. N.Y.: bounded north tion of Pro~p_erty: Right-of Way. off the v~side of Arshamo- maque '~ll~n ue. Southold, N.Y.: bounded north by Lieb- lein; east by Lewis; south by the bay; west by Mohring (formerly Clauser). County Tax Map Parcel 1000-66-2-4S. COUNTY OF SUFF(~ ss: STATE OF NEW yc~qr. Patricio Wood, being duly sworn, soys that she is the ihas been published in said Long Island Traveler-Watch- 'man once each week for ................... ..~ ................... weeks fccessively, commencing on the .................................... ................... 7:45 PM.Application at/ Editor, of THE LONG ISLAND TRAVELER-WATCHMAN. Peter and Mary O'HanJon, Ol0 South Ninth Street, New Hyde a public newspaper printed at Southold, in, Suffolk County; Park, N.Y. 11040 for a Vail- and that the notice of which the annexed is a printed copy, ance to the Zoning Ordinance, Sworn to before me this ................................ day of ......... ................... Notory Public (,~ Article 111, Section 100-31 for permission to construct new dwelling with insufficient rear- yard area at 730 Greenway West, Orient. N.Y.; bounded north by Trezzo; east by Stuke; south by .%metz; west by Greenwav West. County Tax Map Parcel I000-15-1-20- (Richard Lipman, Esq.) 7:55 P.M. (Recessed Hear- ing). Application of William J. Clark. Esq. for Joseph Yaboni and Myron Hauptman, Middle Road. Mattituck, N.Y. for a Variance to the Zoning Ordi.~ nance, Article Ill, Sections 100-30A and 100-32B for ap- proval of insufficient sideyard areas of existing buildings due to location of new lot lines. Location of Property: Oregon Road and Elijah's Lane, Matti- tuck, N.Y.; bounded north by North Road and Reliable Asso- ciates; west by Elijah's Lane; south by Tuthill; east by Yaboni &ano. County Tax Map Parcel No. 1000-100-4-6. 8:00 P.M. Application of Robert and Frank Klos. Main Road. Cutchogue, N.Y. (Chet Orlowski, Builder) for a Spe- cial Exception to the Zoning Ordinance. Article VIL Section 100-70Bt4) for permission to/' construct addition to principal building in this B-I Zone District at 37570 Main Road, Peconic - Cutchogue, New York; bounded north by Main Road; east by Konarski; south by Horton; west by Horton. County Tax Map Parcel 1000- 85-3-6. Dated: January 14, 1982 By Order of the Southold Town Board of Appeals Gerard P. Goehringer, Chm. By Linda Kowalski, Secretary 1 T- 1/21/82(~t~k, EDITH A. GUY NOTARY PUBLIC, State of New No. 52-4~02497 Qualified in Sutfolk Counly ~-.$ion Exglres March 30, 197~n~'~' $outhold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, l.l., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, .JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRiNGERt JOSEPH H. SAWlCKI PUBLIC NOTICE Please find attached copy of the Amended Legal Notice pertaining to your hearing. The date of the hearing has been postponed until ThursdaY, February 4, 1982 (at the same time previously scheduled) due'~to the predicted hazardous weather reports. We are sorry for this inconvenience, and if you have any questions, please do not hesitate to call our office. Dated: January 14, 1982. GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary Copies forwarded to: Mr. Joseph D. Posillico, Sr. Mr. Art Siemerling as agent for B. Andrews Ms. Beverly Andrews Rudolph H. Bruer, Esq. as att6rney for R. Mohring Mr. John A. Bertani as agent for M. LaMorte Mr. and Mrs. Peter O'Hanlon Richard Lipman, Esq. for Mr. and Mrs. O'Hanlon William J. Clark, Esq. for Joseph Yaboni & ano. Mr. and Mrs. Charles Tyler for Joseph Yaboni & ano. Mr. Chester Orlowski, builder for R. & F. Klos Messrs. Robert and Frank Klos LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the T. ow.n .of .So.uthcid, a Regular Meeting and the following public hearings have been postponed until Th~day, February 4, 1982 to be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY, commencing at 7:'15 p.m. and as followsl la 7:15 Joseph Posillico? Sr., 3605 Camp IVdneola Road, p.m. Application of D. ttituck, NY for a Variance to the Zonin9 Ordinance, Article III, Section 100-35 for permission to construct fence exceeding four feet in height along the frontyard- area at 3605 Camp ~Hneola Road~ IVlattituck, NY; bounded north by Corwin; east by tViclvlahon; south by the bay; west by Private Road, Corwin; County Tax lViap Parcel 1000-123-6-12.4. 7:25 p.m. Application of Beverly Andrew~ 145 IViaple Lane~ Mattituck, NY (by A. Siemerling as agent) for a Variance to the Zoning Ordinance~ Article Sections 100-32 and 100-34 for permission to construct inground swimmingp~l in sideyard area on a corner lot at premises located on the corner of Grand Avenue and l~apIe Lane, Mattituck, NY; bounded north by Jemmott; east by Young; south by 5aple Avenue; west by Grand Avenue; County Tax iVlap Parcel 1000-107-02-part of Ol0. 7: 30p. m. Application of Richard rViohring, 460 Glen Cove Avenue~ Sea Cliff, NJ (by Rudolph H. Bruer~ Esq.) for a Variance for approval of access~ New York Town Law Article 16: Section 280A. L~cation of Property: Right-of-Way off the west side of Arshamomaque Avenue, Southold~ NY; bounded north by Carney; east by Lewis; south by the bay; west byKohut, Graham~ Travers Latham and Lewis. County Tax iV~ap Parcel 1000-66-2-44. 7:40 p.m. Application oflVlignon S. Lalviorte , 620 Ely Avenue, Pelham~ NY (by John Bertani as agent) for a Variance for approval of access~ New York Town Law Article 16, Section 280A. Location of Property: Right-of-Way off the west side of Arshamomaque Avenue, Southold~ NY; bounded north by Lieblein; east by Lewis; south by the bay; west by Ntohrin9 (formerly Clauser). County Tax )lap Parcel [000-66-2-45. 7:45 p.m. Application of Peter and N~ary O'Hanlon ~ 610 South Ninth Street~ New Hyde Park, NY ~I040 for a Variance to the Zoning Ordinance~ Article III, Section [00-31 for permission to construct new dwelling with insufficient rearyard area at 730 GreenwayWest~ Orient~ NY; bounded north by Trezzo; east by Stuk~; south by Kmetz; west by Greenway West. County Tax Map Parcel [000-15-l-20. (Richard Lipman, Esq.) Page 2 Legal Notice of Hearings Re-Scheduled for 1982 7:55 p.m. Recessed Hearing). Application of William 3. Clark, Esq. for Joseph Yaboni and IV~yron Hauptman, IViiddle Road, lVlattituck~ NY for a Variance to the Zoning Ordinance~ Article III, Sections 100-30A and 100-32B for approval of insuffident sideyard areas of existing buildings due to location of new lot lines. Location of Property: Oregon Road and Elijah' s Lane~ IV~atti- tuck, NY; bounded north by North Road and Reliable Associates; west by Elijah' s Lane; south by Tuthill; east by Yaboni & ano. CountyTax l~iap Parcel N(~. 1000-100-4-6. 8:00 p.m. Application of Robert and Frank Klos lV~ain Road, Cutchogue~ NY (Chet Orlowski, Builder) for a Special Exception to the Zoning Ordinance~ Article VII, Section lO0-?0B(4) for permission to construct addition, to prin- cipal building in this B-I Zone District at 375?0 IV~ain Road, Peconic-Cutcho9ue~ New York; bounded north by I~lain Road; east by Konarski; south by Horton; west by Horton. County Tax lV~ap Parcel 1000-85-3-6. D~TED: January 14, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski, Secretary ~'~ INSTRUCTIONS TO NEWSPAPERS: Please publish once, to wit, ~) Thursday, January 21, 1982 and forward seven affidavits · ~ ~of publication to: Board of Appeals, Tow~ Hall, Main Road, i Southold, NY 11971 on or before january 2,, 1982. x Men~andum from.... BUILDING INSPECrORS OFFICE Tow~ HALL, SOUTHOLD, I~'. Yo 11971 765-1802 JUDITH T. TERRY TOWN CLERK REGISTRAR OI VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. 1., N. Y. 11971 December 14, 1981 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2938, application of Joseph D. Posillico, Sr. for a variance. Also included herewith is Notice to Adjacent Property Owners: Richmond Corwin, Jr., Eleanor Corwin, Patrick McMahon & wf., Letter relative to N.Y.S. TSdal Wetlands Land-Use Regulations, Short Environmental Assessment Form, Notice of Disapproval from the Building Department, and survey of the property. TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. i, ...... Nbme of Appellont Street and Number ........ ................................................. APPEL TO Municipality .... State-- THE ZONING BOARD Of APPEALS FROM THE DECISION Of THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ........~....~...C...~ ...... !.t..I...~.01~..! ........ WHEREBY THE BUILDING INSPECTOR DENIED TO ............. ~&me of Applicant for permit ~-~ o~ z~ ~. ~..~..~.~.~.~..~.~.~ ~.~ ~., j:~ ~ ~.~.~ ...............Street and Number Municipali~ ~ State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY~Q.~.ff...~:.~.CL~;.~.L.~.~..~Z~..!J.~.~.~..,./~....:..../.~.~/c Stree~ Use District on Zoning Map ...... .......................................... ..... Mop ~o. kot ~o. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragr~gph of the Zoning Ordinance by number. Do not quote the Ordinance.) /q~vlcz~ .Y~ ~6cr, o,~, /oo-' 3~~ 3. TYPE OF APPEAL Appeal is made herewith for ( I/~A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Lows 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 Insp~ec~..~ or with respect to this property. Such appeal was ( uf request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~ Variance to the Zoning Ordinance ( ) is requested for the reason that l~orm ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because COUNTY OF Notary Public FORM NO. 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date .................. ........, To ....'Z.r':f. !~.~. .... .~? .... ~.~..?.~.~ ~ c v PLEASE TAKE NOTICE that your app~cation dated ....................... 19 . for pe~it to const~ct .... ~.~. ~ .... ~ ~ f~ ~ .... ~ ~ ~. ........................ at Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .. /-~ IV( ~ i v 0 7~ ,-, : - -t - . - ............. ;-..../'.K~ .~. -7. ....... .... . Building Inspector RV 1~80 now o/' forrne:lY Leno F Howell N.87o2700 E. I?OW OF Mor/t! $. 85° /TA Y FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TO',.','N HALL SOUTHOLD, FLY. 11971 TEL.: 765-1202 E×amined ............. //., 19 :~.~.~ Approved ................. t9... Permit No ............ ~ Disapproved afc . t.. · APplication No .............. (Building Inspector) '~ .-, I .~,C,.T,ON FOR B..,~LDIN~ PERMIT Date INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the l?ui: Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot tdan s'.m,.ving location of lot and of buildings on premises, relationship to adjoining premises or public st or areas, aud giving a detailed description of layout of property must be drawn on the diagram which is part of this cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon apprc.'al of this application, the Building Inspector will issue a Building Permit to the applicant. Such pe shall be kept on the premises available for inspection throughout the work. e. No buildi:~g shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occup sl'.-JI bare been granted by the Building Inspector. APPLIC,\TION IS ItEREBY MADE to the Building Department for the issuance of a Building Permit pursuant Building Zone Ordinance of the Town ~f Soutbold, Suffolk County, New York, and other applicable Laws, Ordinanc Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein descri The applicant agrees to comply with all applicable Iaws, ordinances, building code, housing code, and regulations, ~ admit authorized iospectors on premises and in buildings for necessa.~ inspections. ~ - . (Mailing address ofal~plicant) ~ State whether applicant Is o~vner, lessee, agent, architect, engineer, general contractor, electrician, plumber or bui Nalne of o\vncr ofprcnllSeS ...... . .-~..~..~ ~ __ (as on the tax roll or latest deed If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Bt ilder's License No. Plumber's Licens-_ N~ ......................... Ei,,ctnc an s License No. et er Trade s L~cense No ...................... l. Location of land ou wl'dch proposed work will be done. . House Number ! Sir.et ................ Hamlet · County Tax Map No. lO00Section /'~-~ ? Block ~" Lot /''~' Subdivision ..................................... Filed ,Map No ............... Lot ............. (Name) 2. State existing use and occupancy of premises and intended use ant! occupancy of proposed construction: a' E×isting use and occupancy . ~"~7.~ 777..~ Repair .............. Rc;noval .............. Demolition .............. Otb. er ;Vork ............. (~ , . ~- - . , (Description) (a(i L .... ............... L Ir dwelling, number of dwelling units ..... ~ ..... Number of dwelling units on each floor .............. If garage, number of cars .............. ~ ................................................. L If business, commercial or mixed occupancy, spec[fy ~,ature and extent of each type of use ................... ~. Dimensions of existing structures, if any: Front ..... J ...., ..... Rear .............. Depth ............. Height Number of Stories ~ Dimensions of same structure with alterations or additions: Front ................. Rear ................ Depth ...................... Height ...................... Number of Stories .................... ~. Dimensions of entire new construction: Front.. ~ ........ Rear ............... Depth ............. Height Number of Stories ' }. Size of lot: Front ............. ~.' ..........Rear ...................... Depth .................... ). Date 6r Purchase ............................. Name of Former Owner ........................... 1. Zone or use district in which premises are situated... ~...' ............................ : ................ 2. Does proposed construction violate any zoning law, ordinance or regulafion: ........................... 1. Will lot be rcgraded .......... · .................. Will excess fill be removed from premises: Yes 1~ I. Name of Owner of premises ............... ..... Address ................... Phone No .............. Na~ne of Architect ......................... '.. Address ................... Phone No .............. N~ne of Contractor .......................... Address ................ ,.. Phone No ............. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions fro roperty Unes. Give street and block number or description according to deed, and show street names and indicate ;vheth ~tcrior or corner lot. ~ATE OF NEW YORK, $.S OU~.~FY OF ....... ~ ..... '... · ~tj~...~.~...~.: ................ being duly sworn, deposes and says that he is tile eCplic7 ff / ~(Nanie of individual signing contract) . D..Lo, re named. els the ......... .ff't~...-~· .C'E ~.- ......................................................... (Contractor, agent, corporate officer, etc.) f said owner or owners, m~d is duly authorized to perform or have performed the said work and to m~e and file tl )plication; that all statements contained in this application are true to the best of his knowledge and belief; and that t 'ork will be performed in the manner set forth h~ the application filed t!~erewith. worn to before me this ............. of...o. ......... ,,?: (Today's Date~ To: Southold Town Board of Appeals ~.lain Road Southo!d, NY 11971 Re: Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 ~YCRR, Pa~t 661, and Article' 25 of the New York State Environmental Conservation La~, please be advised that the subject property in the within appeal application: (please [ ] check one box) ~4ay be located within 300 feet of tidal wetlands; hon.;ever, 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.C.D.E.C.] Sincerely yours, (~gn~ture ~l~as-e) SilOP, T EIqVIRONHENTAL ASSE$SLtENT FO!<t,I INSTRUCT IONS: (a) In ardor to ans¥ter the questions in this short EAF ii is assumed thaL the preparer will use. currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, rescorch or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions hove been answered J~o it is likely that this project is not significant. .. ' -.. (d) Environmental Assessment ' '' .. 1. %'Jill project result in a large physical change ia the project site. Or physically alter more than 10 acres of land? .................... Yes 2. I'/ill there'be a major change to any unique -unusual land form found on the site? ....... Yes 3. YJill project alter or have a large' effect'o~' ' .' ' existing body of %voter? ................. 4. ¥/ill project hove o potentially large c , on groundwater quality? ................... Yes 5. ¥till project significantly effect drainage . · Yes flOW on adjacent sites? ...................... , , , 6. ¥1ill project affect any threatened or endangered plant or animal species? ....... .... Yes 7. Will project result in o major adverse effect lily? ' on air quo ........... ~.. ............... % , , 8. Will project have o major effect on visual character of the community or scenic views or · vistas known to:be important to the community?. 'Yes ?. YJill project a'dversely impact any site or .. structure of historic, prehistoric or paleontological importance or any site designated os o critical environmental oreo 10. ¥¢ill project hove a major effect on exls~ihg or future recreational opportunities?.' ....... Yes 11. ¥7ilt project result in.major iroffic problems '' o~ cause o major effect to ex,lsting . transportation systems? ........................ Yes k/No 12. YJill project :regularly cause objectionable odozs, noise, glare, vibration, or electrical disturbance os a result of the project's Yes operation? ........ ' .......... 22 fi giifi 13. ¥lill project have any impact or.safety? .................................... Yes 1~. Will p~oject affect the existing community by ' directly causing o gro¥tth in permanent ' population of more than 5 percept over a one year period or have o major negative effect on the character o~ the community or neighborhood? ................................. Yes 15 I th p blt t y ' i th · s ere u c con rovers concern ng e . project? ..................... ~ ................ ~No REPRESENTING DATE /t/,~ / BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of / to the Board d Appeals of the Town of Southold : NOTICE : I TO PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town o~Southold to request a (Varian~.~) (Special Exception) (Special?ermit) (the folloyzing relief: . J~ 2. That the property which is the subject of the Petition is located adjacent to y. our property andis des- cribed as follows: ,~ ~,-J~_~-~L -~ ~'~4~c,~ -~ ~ ~-~°r~-~- ~-7-~'¢~ -- ~'~ ~ ~ v ,' 3_. That the Property~which is the subject of such ~o. cated in the following zoning district: ~4. T~h~ b~y~.s.uch Pe~tion, the undersigned will reques, the following relief: ~~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Ar~.¢]e ~ Section_ / ~)~--~'~ -- 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) 76.5-1809. 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: ~)--~--~-/~/~;>/ ~~/~/~_~ ~.~ , -~ots't Office A~r~s NAME 470 62 RI::~EIPT FOR CERTIFIE -r NO iNSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAiL (See Reverse) ¢ CERTIFIED FEE SPECIAL DELIVERY ¢ REST~i~fED D~LI~EF~¥ PROOF OF MAILING OF NOTICF AUC"i'ACI*.I CI~.R'~T~"rP.D lV~Tl., p 277 4'7O ECEIPT FO~ cERTIFIED MAIL R J ..... ~e.E pR0¥10E0~ NOT FOB m,- ....... RECEIPT FOR C~RTIFIED MAIL URAI~CE cOVE~GE pROVIDED~ HO iNS NAL MAIL NOT FOR iHTERHAT~ STATE OF NEW YORK ) COUNTY OF SUFFO/L,iK ) ss.: ~;~-~L~z:f~I~. ~' ~ ' ', belns duly sworn, deposes and says tha(on the ~ day /~ '/-~ ' - ,19 ~' [ , 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 curre~essment roll,of the Town of $outhold; that said. Noti~;.es were mailed at the United States Post Of- fice at ~'~r~~..~,-~.~ · ; that said Notices were mailed to each of said persons by (certified) (registered~mad. Sworn to. before me this \ Notary Public PETER W. DeMARCO 52-5978225 Qtml. in Suffolk County' APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOERRINGER Southold Board of Appeals MAIN ROAD- ~TATE ROAD 25 ¢~OUTHOLD, L.I., N.Y. 11¢J'71 TELEPHONE (516) 765-1809 NOTICE TO APPLICANTS AND/OR THEIR AGENTS Please find enclosed copy of the legal notice pertaining to your hearing. The date of the hearing has been changed to January 14th. One of the offices of the local and official newspapers was closed during the holiday season, and our legal notice could not be published in time for the January 7~ 1982 meetin9 pursuant to town code. It is advised that someone appear at the hearin9. If you have any questions, please do not hesitate to call our office. SOUTHOLD TOWN BOARD OF APPEALS By Linda Kowalski~ Secretary LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Soutbold, a Regular Meeting and the following public hearin, gs will be held by the Southold Town Board of Appeals at th~ Town Hall, Main Road, Sonthotd, NY on Thursday, 3anuary 14, 19~2 c9.mmencing at 7:15 P.M. a~. fgllow~: .~7~:~5 P.M~ Appiic~.t'ion of [ Joseph D. Posillico, Sr., 3605 Camp Mineola Road, Matti- tuck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission,. to construct fence exceeding four feet in height along the frontyard' area at 3605 Camp Mineola Road, Mattituck, NY; bounded north by Corwin; east by McMahon; south by the bay; west by Private Road, Corwin; County Tax Map L_~Parcell 1000-123-6-12.4. 7:25 P.M. Application of Beverly Andrews, 145 Maple Lane, Southold,. NY (by A. Siemerling as agent) for a Variance to the Zoning Ordi- nance, Article III, Sections 100-32 and 100-34 for permis- sion to construct inground swimmingpool in sideyard area on a corner lot at premises located on the corne~ of Grand Avenue and Maple Lane, Mattituck, NY; bounded. north by Jemmott; east by Young; south by Maple Ave; nue; west by Grand Avenue; County Tax Map Parcel 1000- 107-02~part of 010. 7:30 P.M. Application of Richard Mohring, 460 Glen Cove Avenue, Sea Cliff, NJ (by Rudolph H. Bruer, Esq.) for a Variance for approval of ac- cess, New York Town Law Article 16, Section 280A. Lo- cation of Property: Right-of- Way off the west side of Arshamomaque Avenue, Southold, NY; bounded north by Carney; east by Lewis; south by the bay; west by/ Kohut, Graham, Travers tham and Lewis. County T'~x Map Parcel 1000-66-2-44. 7:40 P.M. Application of Mignon S. LaMorte, 620 Ely Avenue, Pelham, NY (by John Bertani as agent) for a Vari- ance for approval of access, New York Town Law Article 16, Section 280A. Location of Property: Right-of-Way off the west side of Arshamomaque Avenue, Southold, NY; COUNTY OF SUFFOLK STATE OF NEW YORK Patricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for .................. .X. .................... weeks successively, commencing on the ....... ..'~.. ......................... ..... 7:45 P.M. Applmatton ot Peter and Mary O'Hanlon, 610~ South Ninth Street, New Hyde Park, NY 11040 f~r a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct ne'~ dwelling with insufficiem rear- yard area at 730 Greenway West, Orient. NY; bounded north by Trezzo: east by Stuke; south by Kine/z; west by Greenway West. County Tax Map Parcel 1000-15-1-20. 7:55 P.M. IRecessed Hear- ingl. Application of William J. Clark, Esq. for Joseph Yaboni and Myron Hauptman, Middle Road, Mattituck, NY for a Variance to the Zoning Ordi- nance, Article Ill, Sections 100-30A and 100-32B for ap-./ proval of insufficient sideyard areas of existing buildings due to location of new lot lines. Location of Properiy: Oregon Road and Elijah's Lane, Matti- tuck. NY; bounded north by l~or~h Road and Reliable Asso- mates; west by Elijah's Lane; south by Tuthill; east by Yahoni and ano. County Tax Map Parcel No. 1000-100-4.6. 8:00 P.M. Application of Robert and Frank Klos Main Road, Cutchogue, NY {Chet' Orlowski, Builder) for a Spe- cial Exception to the Zoning Ordinane, Article VIII, Section 100-70B(4) for permission to construct addition to principal building in this B-I Zone~/ District at 37570 Mg~ia_.[l~, Peconic - Cutchogue, New York; hounded north by Main Road; east by Konarski; south by Horton; west by Horton. County Tax Map Parcel 1000- 85-3-6. Dated: December 31, 1981 ~ to before me this ............XN..~.. ............. day of ~ ............ , 19..?~.~ CLEMENT J. THOMPSON NOTARY PUBLIC, State d Now York [~, 52-~2]725 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southoid, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, January 14,. 1982 commencing at 7:15 p.m., ~ollc~w~. '7:15 p.m. Application o'f ~seph D. Po~i~ Sr ~ 3605 amp Mineola Road, Vlattituck, NY for a Variance to the Zoning Ordinance, Article ~.1I, Section 100-35 for permi ,s~. sion to construct fence exceed- ing four feet in height along the ['rontyard area at 3605 Camp bM~ne~.la Road, Mattituck, NY; unned north by Corwin; east by McMahon; south by the bay; west by Private Road, Corwin; County Tax Map Parcel 1000- 123~-12.4~ '- 7:25 6. m. Aoolication of ~everlv Andrew~ 145 Manic Lane, Mattltuck, NY (by ~. ~i~e~erling as agent) for a anance to the Zoning Ordin- ance, Article I/I, Sections 100- 2 and 100-34 for permission to onstruct inground swimming ool in sideyard area on a mcr lot at premises located the corner of Grand Avenue d Maple Lane, Mattituck,-- (; bo,uded north by g.e.n~..ott.~ by Young; south Y n~apl~rvenue; west by Grand Avenue; County Tax 0Mi~.. Parcel '000-,07-02-part of 7:30 p.m. Application of Richnrd Mohrin~ ~0 G C ---. ~en R~e~TM, ~ Cfiff, NJ ~y amph H. Bmer, E~.) for a Variance for approval of access, New York Town'Law Article 16, Section 280A. Locati6n 6f Prope~y: Right- of-Way off the west side of Arshamomaque Avenue ~uthold, ~; ~und~ no~h by ~ey; ~ by ~S; ~u~ by the bay; west by Kohu~ Gr~, Tmve~ ~thm ~d ~s. ~ty T~ Map P~I 7:~ p.m. Application of Mignon S_ 1 aMnrte.~20 Ely ~u~, Pe~, ~ ~y John ~ ~ agent) for a V~ for approval of access, New York Town Law Article 16, Section 280A. Location of Pro~ffy: Right,f-Way of f the west side of Arshamomaque Avenue, Southold, NY; ~d~ no~h by Lieblein; e~t by ~s; ~uth by the bay; w~t by Mohfing (fo~erly ~aus~). County T~ Map P~I I~ ~245. 7:45 p.m. Application of 610 ~uth Ninth~~ Hyde Park, NY 11~0 for a Variance to the Zoning Or~n~ce, ~icle III, ~tion 1~-31 for }err"ee3,., construct new dwel~ with insufficient rearyard a~l~'at 730 Greenway West, Orient, NY; bounded north by Trezzo; east by Stuke; south by Kmetz; west by Greenway West. County Tax Map Parcel 1000-15-1-20. 7:55 p.m. (Recessed Hw~l[ia~)) cA~plication of , . ._- ark, Esq. for . .E~:~llaI~_ M ddle Road~~ Mattituck, NY for a Variance to the Zoning Ordinance, Article ltl, Sections 100-30A and 100:f' 32B for approval of insufficient Sideyard areas of existing buildings due to location of new lot lines. Location of Property: Oregon Road and Elijah's Lane, Mattituck, NY; bounded north by North Roa~ and Reliable Associates; west b Elijah's Lane; south by Tuthil~Y; east by Yaboni & ano. County Tax Map Parcel No. 1000-100_ 4-6. 8:00 p.m. Application of ~s Main Road, Cutchogue NY (Chet Orlowski, Bu lder) for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70B(4) for permission to constr~ct addition to principal,--. building in this B-I Zone District at 37570 Main Road, Peconic-Cutcbogue, New York; bounded north by Main Road; east by Konarski; south by Horton; west by Horton. ~.o.un~ty Tax Map Parcel 1000- Dated: December 31, 1981. BYORDEROF THE SOUTHOLD TOWN, BOARDOFAPPEALS 1 TJ7-3843 ~'"'~"E'"s'-~-°- .......... of Greenport, in said County, representative of THE SUFFOLK TIMES, a weekly shed at Greenport, in the Town of Southold, County ~f New York, and annexed is a printed copy that has =ublished in said newspaper once in each week ,eek(s) successively, commencing the..[.~..h...., day ......... me this........7..~.~ ............................ .~.~ZZ ................ ~ 9.......8...a.. ........................... LE~ ~ DE 8UC. State of New York ~res March 30, LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southcld, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, lVlain Road, Southold, NY on Thursday, January 147 1982 commencing at 7:15 p.m. ~ as follows: 7:15 p.m. Application o£ Joseph D. Posillico~ Sr., 3605 Camp IViineola Road, lVlattituck~ NY for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission to construct fence exceeding four feet in height along the frontyard area at 3605 Camp l~]ineola Road~ l~iattituck~ NY; bounded north by Corwin; east by i~cl~lahon; south by the bay; west by Private Road, Corwin; County Tax lV~ap Parcel 1000-123-6-12.4. 7:25p.m. Application of Beverly Andrewstl45 lViaple Lane, Southold~ NY (by A. Siemerling as agent) for a Variance to the Zonin9 Ordinance, Article III, Sections 100-32 and 100-34 for permission to construct inground swimmingpool in sideyard area on a corner lot at premises located on the corner of Grand Avenue and i~aple Lane, lvlattituck, NY; bounded north by Jemmott; east by Young; south by l~aple Avenue; west by Grand Avenue; County Tax lVlap Parcel lO00-107-02-part of 010. 7: 30p.m. Application of Richard IViohrin9, 460 Glen Cove Avenue~ Sea Cliff~ NJ (by Rudolph H. Bruer~ Esq.) for a Variance for approval of access~ New York Town Law Article 16~ Section 280A. Location of Property: Right-of-Way off the west side of Arshamomaque Avenue~ Southold~ NY; bounded north by Carney; east by Lewis; south by the bay; west by Kohut~ Graham, Travers Latham and Lewis. County Tax IV~ap Parcel 1000-66-2-44. 7:40 p.m. Application of IVlignon S. LalVlorte , 620 Ely Avenue~ Pelham~ NY (by John Bertani as agent) for a Variance for approval of access, New York Town Law Article [6, Section 280A. Location of Property: Right-of-Way off the west side o£ Arshamomaque Avenue~ Southold~ NY; bounded north by Lieblein; east by Lewis; south by the bay; west by lViohring (formerly Clatiser). County Tax l~lap Parcel 1000-66-2-45. 7:45 p.m. Application of Peter and lVlary O'Hanlon , 6t0 South Ninth Street New Hyde Park, NY lI040 for a Variance to the Zonin9 Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient rearyard area at 730 Greenway ~gest~ Orient~ NY; bounded north by Trezzo; east by Stuk~=; south by Kmetz; west by Greenway West. County Tax Map Parcel 1000-15-l-20. 7:55 p.m. (Recessed Hearing). Application of William J. Clark, Esq. for Joseph Yaboni and IMyron Hauptman, lVliddle Road, 1Mattituck, NY for a Variance to the Zonin9 Ordinance, Article III, Sections 100-30A and 100-32B for approval of insufficient sideyard areas of existin9 buildings due to location of new lot lines. Location of Property: Oregon Road and Elijah' s Lane, lVlatti- h:ck, NY; bounded north by North Road and Reliable Associates; west by Elijah' s Lane; south by Tuthill; east by Yaboni & ano. CountyTax lV~ap Parcel No. [000-100-4-6. 8:00 p.m. Application of Robert and Frank Klos iVlain Road, Cutchogue, NY (Chet Orlowski, Builder) for a Special Exception to the Zonin9 Ordinance, Article VII, Section 100-70B(4) for permission to construct addition to prin- cipal building in this B-l Zone District at 37570 1Main Road, Peconic-Cutchogue, New York; bounded north by I'4ain Road; east by Konarski; south by Horton; west by Horton. County Tax iV~ap Parcel 1000-85-3-6. Dated: December 31, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish once, to wit, Thursday, January 1982 and forward seven affidavits of publication to: L. Kowalski, Secretary, Board of Appeals, Main Road, Southold, NY 11971. (On or before January 12, 198~) Copies forwarded 12/31/81 to: 1Mr. Joseph D. Posi]lico~ Sr. ~'.z. 2cvcr!y 1Mr. Arthur Siemerling as agent for lVls. Andrews Rudolph H. Bruer, Esq. for lVir. Mohring 1Mr. John Bertani as agent for i~ls. N~ignon S. LalV~orte Ms. Mignon S. LaMorte iV~r. and i~rs. Peter O'Hanlon , and Mr. Richard Lipman (Plainview) William J. Clark~ Esq. ~ attorney for Yaboni & Hauptman 1Mr. Chet Orlowski, Builder for Robert & Frank Klos Robert and Frank Klos Copies to Suffolk Times and L.I. Traveler-Watchman, Inc. l/ /82 Joseph D. Posillico, Sr., Hemlock Drive, Farmingdale, NY 11973 (by Richard F. Lark, Esq.) for Variances to: (a) the Zoning Ordinance, Art. III, Sec. 100-31, and Art. XI, Sec. lO0-118E for permission to construct new dwelling with insufficient front and rear yards; and (b) New York Town Law, Sec. 280-a for approval of access. Location of property: Camp Mineola Road (a/k/a Reeve Avenue), Mattituck, NY; bounded north by Corwin; west by Private Road and Corwin; south by Bay; east by McMahon;. County Tax Map Item No. 1000-123-6-12.4. After investigation and personal inspection, ~he Board finds as follows: Appellant has appealed to this Board seeking a variance for permission to construct a one-family dwelling with a setback from the westerly property line of 10 feet and from the easterly property line of 15 feet. The premises in question is approximately 90 feet in depth and an average of 200 feet in length. Existing on the premises is a one-story framed bungalow, which applicant intends to remove entirely, and which is presently approximately three feet from the westerly property line. Upon inspecting the general area, the Board finds many of the existing dwellings to have substantial insufficient frontyard and sideyard setbacks and that the granting of insufficient setbacks in the front and rear yard areas would not change the character of the district. The Board finds that the relief requested in relation to the Code requirements is not substantial; that if the variance is granted no substantial detriment to adjoining properties will be created; that no adverse effect is produced on available governmental facilities of any increased population; that no substantial change is produced in the character of the neighbor- hood; and that the interests of justice will be served by grant- ing the variance with certain conditions, specified below. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that Joseph D. Posillico, Sr. be granted a vari- ance to the zoning ordinance, Art. III, Sec. 100-31 and Art. XI, Sec. lO0-118E for permission to constYuct dwelling SUBJECT TO THE FOLLOWING CONDITIONS, and be granted approval of access: (1) That the dwelling not be constructed closer than 17½ feet to the westerly property line [frontyard line], and that the dwelling not be constructed closer than 17½ feet to the easterly property line [rearyard area]; (2) That the dwelling be constructed so that it does not protrude forward towards the Bay [south] of the easterly neighbor's existing dwelling; (3) That compliance be met of the regulations of the Flood Damage Prevention Law of the Town of Southold. Location of property: Camp Mineola Road (a/k/a Reeve Avenue), Mattituck, NY; bounded north by Corwin; west by Private Road and Corwin; south by Bay; east by McMahon; County Tax Map Item No. 1000-123-6-12.4. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. .- Southold Town Board of Appeals -12- January 22, 1981 matter of Charles A. Brautigam, Appeal No. 2775. Vote of the Board: .Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. PUBLIC HEARING: Appeal No. 2773. Application of Joseph D. Posillico, Sr., Hemlock Drive, Farmingdale, NY 11735 (by Richard F. Lark, Esq.) for Variances to: (1) the Zoning Ordinance, Art. III, Sec. 100-31 and Art. XI, Sec. lO0-118E for permission to construct new dwelling with insufficient front and rear yards;-and (2) New York Town Law Section 280-A for approval of access. Location of property: Camp Mineola Road (a/k/a Reeve Avenue), Mattituck, NY; bounded north by Corwin; west by Private Road and Corwin; south by Bay; east by McMahon; County Tax Map ID No. 1000-123-6-12.4. The Chairman opened the hearing at 8:50 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 showing the present building and showing the proposed location of the new dwelling, and a section of the County Tax Map showing this property and the property in the surrounding areas. Is there anyone to speak in favor of this application or add to it? RICHARD LARK, ESQ.: Speaking on behalf of Mr. Posillico, Richard Lark, Main Road, Cutchogue, New York. As indicated in the application I do represent Mr. Posillico, who couldn't be here tonight. He's on vacation. The application is three-fold; one to review the determination of the building inspector, which is going to become a legal issue that you'll have to decide. The second one is the factual issue on granting a sideyard variance, which is practical difficulties under the zoning ordinance. And then the third one is granting access under 280-A of the Town Law's--as indicated hasn't been done. As for the first one, when Mr. Posillico decided to become interested and buy this property, he wanted to purchase it but he wanted to knock down the existing house, which I think the Board has seen that's on there and build a modern structure that would be more in keeping with his needs. And originally he thought he would just knock down the struc- ture that's there and build right where it's in its place. And I approached the building inspector to find out what we would have to comply with to update the house in that fashion. You know, knock it down, and put in a foundation and build a new one in the same spot. And it was the building inspector's recommendation rather ironic that the house be moved back so it would conform with the existing shall we say "setback lines" off the Bay with the other houses that were generally on both sides. You know, to keep it somewhat in the same vain, because this house as it presently stood owned by Miss Detner was a little closer to the bulkhead and he thought that that would be best, especially considering the flood plain laws and the other laws ~ Southold Town Board of Appeals -13- January 22, 1981 (Mr. Lark continued): that have now been, environmental laws that have come on, that you need certain heights and so on and so forth; and as it turned out when the survey was done, there was enough height, 7 or 8 feet, where if you moved it back about 25 or 20 feet it would be in conformance. So, you said initially that that would have to be done. But then after it was decided to move it back, he was very candid, he said, "you would have to get a sideyard variance if you do that because I'm going to view what you consider your frontyard--your sideyard as the frontyard, and therefore you're going to need a variance." He says, "I realize that you're going to build the house facing the Bay, but technically the way the lot is laid out by the Planning Board," and since this did receive Planning Board approval -- we have a copy of the Planning Board map there--so we don't get into the size of the lot question, because it did have an existing house on it-- he says, "I'm going to view that as being your frontyard and therefore you're going to have to get a variance for that." And that after we applied for a building permit to move it back to start the chain of events to come before the Board for the sideyard variance, he came up with the fact that this was really a nonconforming use, and he got hung up on that, and that's why he issued the Notice of Disapproval. And when you read the zoning ordinance, and I checked into this quite a bit, under nonconforming use, was that section that he quotes there, lO0-118E, that only applies where the use is not compatible with the zoning district. Here we have an A-Residential zone which the use is resi- dential. And nonconforming use is defined in our statute as any use whether of a building, tract of land, or both, existing on the effective date of this chapter, and here are the key words, "which does not conform to the use regulations of the district in which it is located." So my first point, as I say and a legal one that you'll have to check with the Town Attorney on, is that this is not in any way, shape or form.with the use variance application, nor does Section lO0-118 in any way apply. Because the use has always been conforming; it is now. The old house is still there and the proposed new house would be the same -- A Residential. So if you would review that with the attorney, I trust that you will find that I'm correct on my analysis of the law on that point. Now I won't burden the record with the application portion for the sideyard variance. I think you can see the lot width there is according to the survey which you have, is approximately for the pur- poses of this discussion about 90 feet. Now what makes this lot different from the other lots surrounding it is this one faces on the right--only on one right-of-way; that's the one running north and south as you see on Exhibit A. So the building inspector con- strues that as the frontyard, and it would be impossible under our zoning to locate any kind of house there with a 50-yard, frontyard, and a 50-yard rearyard when you only have 90-feet to begin with, ok? But he also recognizes that all the houses in the neighborhood are facing, you know, towards the Bay, the ones that have the bayfront Southold Town Board Appeals -14- y 22, 1981 (Mr. Lark continued): property. So as for the practical matter, the frontyard as most of them is facing the Bay and the rear, either towards their access areas as to the properties to both the east and the west have a right-of-way that they can obtain access. But this is the only right-of-way that runs north and south there, which the petitioner will have. So the request then is to, if you will, technically under the zoning ordi- nance, to get a frontyard variance to locate his house within as shown there, approximately 10 feet from the right-of-way, which should give sufficient space to the neighbor on the other side of the right- of-way to the west, and then it would leave 15 feet to the neighbor on the east. And under the half-acre concept that we had before we went to acre, that was the normal sideyard, 10 and 15, both of them 25. So it would be compatible with precedence on that nature. And by moving it back rather than building on the same spot, it would conform to the existing flood plain regulations that we have and so on and so forth because: (a) we got a bulkheaded property and (b the elevation in that area as you can see on the map where the survey has located it runs approximately eight feet, a little bit better in some and then it goes down in the back. Ok. So that's a practical difficulty which is being requested for the sideyard, and as I indicated when the building inspector then issued the determination disapproving the relocation of the house, it was his opinion that no one, in spite of all the houses that are in that neighborhood, I found it hard to believe, ever got approval of Camp Mineola Road from the Board of Appeals. So again the third phase of the application is a clean-up, is to get approval. That road as I have indicated, in other neighbor's presence, has been here for many, many years. Apparently it doesn't have any official sanction and it only can come from one party, or one Board, under the Town Law and that's the Board of Appeals. So that's the third phase of the appli- cation. I think, as I said, the first one is a legal question which you'll have to get an interpretation from the attorney, and the second one is in your province on practical difficulties using the criteria of how substantial the request is. Again, it's an existing house, the Planning Board gave approval for the lot with the house as it was because that was nonconforming as to area and not as to use, and as to sideyards and rearyard, it was there many years prior to the zoning ordinance. So when they divided that property up into four lots as you have on Exhibit B there, the house was down there. There will be no increase in the density population as indicated; it's still going to remain a one-family use. So it will still be the same. And there will be no change in the character of the neighborhood. In fact it should be an upgrading because the house there was, 'really the whole reason we're here, Mr. Posillico found it would cost far too much for what it was worth in relationship to the property, to try to renovate the existing house, and as I say, there were all kinds of games that could Southold Town Board of Appeals -15- January 22, 1981 (Mr. Lark continued): be played as you build the house around the existing house and then he wouldn't have to come here, but the cost of doing that when you get into the Code requirements as to the electricity, the plumbing and things of that nature, that was not only feasible, he wasn't kidding anybody by doing that. So that's why he wanted to tear down the old structure rather than even try to move it. His builder told him that he couldn't even move the structure. It didn't warrant it. It wasn't substantial enough with its underpinnings. And I don't believe there will be any substantial detriment to the adjoining properties created, because again it's a one-family situation moving it back with the existing setbacks that the houses enjoy on the creek; and with all the factors taken into consideration I respectfully request that you grant the area variance for a front- yard--here as requested, and that you give consideration under 280-A to the access, not only to that lot but to all the lots till it gets to the nearest public road in the neighborhood, and then to give me a legal review as to the Building Inspector's determination--this is a nonconforming use. Thank you. MEMBER GOEHRINGER: Is there any reason why you selected the west side, actually the frontyard in this particular case, to be set off at l0 feet rather than the east side of the-- MR. LARK: No, it could go the other way. That was kind of, you might say, arbitrary. Probably on my part after talking with Mr. Fisher intially, as I say it's my neck to the Building Department here, because the other house to the east is almost virtually right on the property line as you see on the drawing there on Exhibit A, on the survey. And by putting it 15 feet off of that one would create a little wider separation between two adjacent dwellings and it was felt by, you wouldn't gain anything by moving that five and making the other 15. Another consideration was, that the driveway to the house would be further north on that right-of-way, in order words it's not contemplated that that right-of-way become improved all the way down the actual-- as you see the jog out in the house, in the back, in that area, would be where the garage entrance, the driveway would be. And so it was felt by, if you had a choice whether to put. that 10 or 15 feet, that was the reason for it. It was primarily the house separation in the back, and then you were right on the existing right-of-way. In other words that right-of-way is a dead-end there. It's not going anywhere. You know, as a thoroughfare. I thought of that originally, maybe we should be 15 feet back off of it--after viewing the property and going down there and looking at it, it was basically my advice to Mr. Posillico to move it a little bit further east. The Building Inspector thought that was a good choice considering the two things. MEMBER GOEHRINGER: Is there also, do you have any idea or does your applicant have any idea how heavily trafficvthat right-of- way is in the summertime? ~ Southold Town Board of Appeals -16- January 22, 1981 MR. LARK: I imagine it would be quite heavily, you mean, the end of the old road itself? MEMBER GOEHRINGER: Right. The end of it. MR. LARK: It's basically, there's now a number of yearround homes in there, but I suppose the population would probably double or better than that in the summer. It would be much more activity in the summer. There's no question about that. But again there will be no increase in density--it will still be one family for the lot. MEMBER GOEHRINGER: Thank you. MEMBER DOUGLASS: Isn't that right-o'f-way still in dispute over who has a right over the top of it? MR. LARK: As to the northerly portions of it when it runs out, I understand there is some dispute. But as to this area here, I don't believe there is any. This property as I understood it came out of the Howell family, and they clearly had the -- he owned the whole thing at one time. I don't think there's been any dispute as to this property using it, but I know there is a dispute as you go further north on it and in fact some portions of it aren't used at all, or very little have used it to go directly north and they take the spur--I believe it's Pray Ave-- Kraus Road, that's what it is. MR. CHAIRMAN: Kraus Road. MR. LARK: But I know that portion of it has been a big bone of contention for some time. But down in this area I don't think so, as to these owners on this particular property when it was subdivided. MEMBER DOUGLASS: Thank you. MR. CHAIRMAN: Any other questions? Is there anyway that man would consider maybe shortening the house a few feet? MR. LARK: Yes. He's not married to that particular plan at all, and in fact when I talked to him, I have a, I guess you!d call it-- I'll talk into the microphone like you want me to-- like a builder's sketch, and it wasn't submitted as part of it because he wasn't really going to be married to it. This shows if I can show the Board just what he had in mind, if anybody else wants to look at it. But as I indicated he's not married to this particular one, and in fact as a practical matter I believe he is going to shorten it up, because this didn't work out exactly the way he wanted. What he calls here his rear elevation would face the Bay, this would be the general layout, where he would have a deck. In other words we're~ looking if you were standing in the water looking north that way. And that's the--that would be the floor plan layout there, the second sheet there, and then the first sheet if you were to stand on the north of the property and look to the south, as I indicated to you Southold Town of Appeals -17- January 22, 1981 (Mr. Lark continued): the garage area would be over in that area, and he wasn't exactly married to the actual dimensions of the length of the house, but that was the general schematic that his builder, Mr. Pontino, had come up with, and as I say he was thinking when he talked to me of shortening up some of these rooms and over in this area, over in here, which would would by necessity shorten up the house a little bit. MEMBER DOUGLASS: That would give you more frontyard, what- ever you want to call it there. MR. LARK: Yeah. Whatever way you want to look at it, yeah. That was what the builder had come up with with the architect when they looked at the property. After Mr. Posillico looked at it for what he wanted for his use, he says, "I don't need all that space." And he wanted to condense it because he wanted to make one common deck because the way that was going to be you'd have like two decks, and he wanted to be able to go out from the kitchen and from the bedroom area, you know, using the Bay as the back drop as a front- yard area. It has one deck, so he could squeeze together that easterly portion, make it shorter in other words--the house. But I was generally what was envisioned, that type of layout. MR. CHAIRMAN: Actually this here sketch would, if this were into scaling, would show the house at about 65 feet. MR. LARK: Sixty-four I think is what came up for the answer. (The Board members reviewed the floor plans brought by Mr. Lark, and then the plans were returned to Mr. Lark.) UNKNOWN GENTLEMEN: May we look at the plans? MR. CHAIRMAN: Yes. MR. CORWIN: Here on the side on the scale, the side showing 30 feet. That would leave 65 using that scale. MEMBER DOUGLASS: It's 30 in here plus this little kick-out. MR. DENERI: The plans shows 34 here, 42 here, and 65 this way. (At this time several persons were speaking at one time and the conversations were not clear.) SECRETARY: May I have your name, please? MR. DENERI: D-e-n-e-r-i. I'm here to speak-- MR. LARK: That's why that wasn't presented as an exhibit, that was just made for the architect and the builder. Southold Town Board of Appeals -18- January 22, 1981 MR. DENERI: --for Mrs. door neighbor. I live next to from the piece of property. McMahon, who is the immediate next Mrs. McMahon-- like 55 feet away MR. LARK: As I say, he indicated to me that it was too long for his purposes--for living purposes, because he thought that, it's just he and his wife now and then the grandchildren will be visiting, he says, "I don't need as this space." Ok? But that's generally what he had in mind. Ok? MR. CHAIRMAN: Thanks, Dick. You seem to always come up with accesses nobody has record of--the Gajeski thing where for years we thought it was a town road. MR. LARK: I couldn't believe that--because he's issued many, many building permits there. (A gentleman from the audience asked Mr. Lark a question, which was not clear because it was not through the direction of the chairman.) MR. CHAIRMAN: Is there anybody else wishing to speak for this? (Negative). Is there anyone here to speak against this? RICHMOND CORWIN, JR.: My name is Richmond Corwin, Jr. I am the owner of the right-of-way that's in question to the west, and the property that is to the west of that right-of-way. As a point of information on that right-of-way, the parcel that's in question here has right to Camp Mineola Road from that right-of-way to that parcel, not to the Bay. There is a restrictive clause on that. They have the right to enter off of the right'of-way onto that parcel, and that's the extent of their right--not to the Bay or anything of that nature. Speaking from the general view and having read the application--coming down and having read the appli- cation, there were a number of questions that I looked at and felt were in error. One on the Environmental Conservation ques- tionnaire concerning the bulkhead that the bulkhead is in good condition. It does not take a marine engineer that that bulkhead is not in good condition. The EAF form on question 8, will the project have a major effect on the visual character of the com- munity or scenic views that known to be of importance to the community. Again, looking at the community as it has been struc- tured both in the older buildings and the newer buildings you will find that this house far exceeds the norm for the area as far as size, both in width and length, and as--I'm now speaking for my wife who is the owner of the parcel due north, a house of this size taking up that much of the width of the property as is so constructed or proposed to be constructed would have a delusory effect on the value of the property to the north as far as having the view of the water. These are purely subjective observations, but I would like to be on record as having stated them. MR. CHAIRMAN: Thank you. Is there anyone else? CHARLES HUMMELL: My name is Charles Hummell; t live directly : Southold Town Boa f Appeal s January 22, 1981 (Mr. Hummell continued): north of the proposed building that you're speaking of. I just want to say that I put my life-savings into my home, and I built my home because it had a beautiful view of the Bay. Now from the proceedings I see here, that view is going to be taken away. Now if everyone here was in my position for just one minute and thought how hard I worked for my money to put up this house because of the view that we see, and now that everything is going to be lost, so. Thank you. MR. CHAIRMAN: Thank you, Mr. Hummell. EUGENE DENERI: My name is Eugene Deneri. I live two houses east of this plot that we're talking about, but I'm here to speak for a Mrs. McMann who lives in the plot right next to the proposed Posillico plot. I've lived in Camp Mineola for, it's going on 14 years I've owned by house. Prior to that I've been coming there since before World War II. I know every house on the beach. There isn't a house on the beach that is the size that this house is being proposed at. About the widest house on the beach starting at the Norris property, that is Bruce Norris' property and going west to James Creek, the widest house facing the beach and there are approximately 25 houses facing the beach, is 48 feet wide and it's on at least a 95-foot plot or a lO0-foot plot. The rest of the houses average somewhere below 30 feet on plots going anywhere from 50 feet to 95 to 100 feet. I think the plan for this house at 60, 65, 64 feet is excessive for that size plot of ground. It will, one thing for Mrs. McMann, shut out every bit of daylight that comes into her house for a good 65-70% of the day, this is it being built on the west side of her house, it will make a narrow tunnel between the two houses that Mr. Hummell, if he gets into the right room of his house may be able to see below water- front. I just can't understand why they want to build a house at least sprawled out that wide. There must be another way to build the house--turn it around sideways or make a two-story house out of it. All of this is feasible and plausible. There are other two story houses along the beach in either direction. On top of it all, I have to agree with Mr. Corwin, the bulkhead's in bad shape--it's lowest than my bulkhead is 55 feet away, and when we get a bad storm, the back end of her property is lower than the front end of the property at the bulkhead and the backyard floods. Mow does Mr. Posillico plan to fill in the backyard? Is that going to be permitted? Because if that is permitted, then the properties on either side of that plot of ground, the smallest one around it incidentally are going to be overflowed because his property will be higher than everyone else's. The terrain naturally runs downhill westerly towards James Creek. Nobody's objecting to Mr. Posillico or anybody else building a house there. We would love to have a fulltime neighbor there. But we'd like to have a house that conforms with the rest of the neighborhood. We're not mad at him because he wants to build a 65-foot wide Southold Town Board of Appeals -20- January 22, 1981 house, but I wouldn't do it on a 95-foot plot of ground. I can't understand why he wants to do it. I don't think it makes any sense. It is going to just make the place look like parts of the world most of us, except natives, escaped from a long time ago. This is what we're trying to avoid; we just don't want to see another condition where you have an alley-way between houses barely wide enough for people to fit through. And 15 feet isn't really a devil of a lot of room. Now my house was built in about 1925. I have at least 20 feet on my west side and much more on my east side. The McMahon house was built shortly after mine or maybe at the same time as mine; it's built almost on the property line--there's no two ways about it. I just can't-- I think the big bone of contention here is the width of that house, the size of that house. If he were planning a different kind of house, none of these questions would be before the Board of Appeals right now because there wouldn't be any need for them. It's because he wants to put a house on it that doesn't first of all conform to anything else in the neighborhood, and does- n't conform sideyard-wise, or front or back-wise, however we're going to call this, because this is kind of peculiar change of events. My frontyard faces north, but I get taxed from the south, because it faces the Bay. This is our objection, this is what we want you to take into consideration, that the house is much too large for the plot of ground. It really is postage stamp with the size of the house that Mr. Posillico wants to put on the piece of property. The other thing is I may have misunderstood Mr. Lark, but I understood that the jet-back in the house on one of the plans there may be the garage that would be right in McMahon's bedroom window. I don't think I'd like to have that in my bedroom window. We come out here for the peace and quiet. So please, give some consideration to the size of the house to the size of the plot. That's the problem. It's much too large for the size of the plot. Thank you. · MR. CHAIRMAN: Thank you. Is there anyone else? Do you have any questions you-would like to'ask? I'll'offer a resolution closing the hearing and reserving decision until we can check it and maybe, like Mr. Lark, there's a possibility the man may be changing his house around a little bit somewhere or way, along the way. MR. LARK: Before you vote on your motion to adjourn, the ques- tions before the Board is zoning here. We don't have an architectural review committee in here. Eight-hundred fifty square feet is the minimum, and I think this is house is only 1300 or 1400. But that's not the issue here. The issue here is under the zoning, and the zoning is the sideyard and the practical difficulties on the sideyard, number one, ten feet off the right-of-way. I don't want to get all hung up on vistas or anything like that because that's not what we're here for. Maybe we should pass another ordinance, like we don't have enough of them. Like communities have, an arch, itectural review as to Southold Town Boa f Appeals -21- January 22, 1981 (Mr. Lark continued): what can go there. But that's not the purpose that we're here. MEMBER GOEHRINGER: Just a point in passing, I think the house is in excess of 1800 square feet. MR. LARK: I'm not talking--it was exclusive of the garage area, which you don't include for -- MR. CHAIRMAN: Living quarters. MR, LARK: Yeah, right. MR. CHAIRMAN: I make the motion to close the hearing and reserve decision. MEMBER GOEHRINGER: Seconded. MR. DENERI: The only thing that I wanted to direct was the eluding to 1300 square feet. The garage is only 400 square feet. It's 20 by 20, roughly speaking 400 square feet, and my calculations come to 2200 square feet including the garage. Take 400 off that it's an 1800 square-foot house, not 1350. MEMBER GOEHRINGER: When we calculated Mr. Deneri, we calculated approximately 2300 square feet. MR. DENERI: I was agreeing with you. Just not agreeing with Mr. Lark. MEMBER GOEHRINGER: I think we're aware of that, you know, and that it's going into the record. MR. CHAIRMAN: There's been a second on it. Thank you very much for coming in. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to close the hearing and reserve decision in the matter of Joseph D. Posillico, Sr., Appeal No. 2773. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. (l~$ng~ ve,t by I:roep~_l; $OuLh by Reybtne; east, High; County AppealNO. 2773 ACTION OF THE ZON~GBOARDOFA~PEALsOFTHSTOWNOFSOUTHOLD To Richard F. Lark, Esq., as attorney for Mr. Joseph D. Posillico, Sr. DAT'S 2/6/81 TOW,NOFSOUTHOLD, h"EW ¥O~K ....................... ACTION OF TllEZON~qGBOARDOF AI~EALS Application Dat~ December 22, 1980 Appellant January 22, 1981, at a meeting nf the Zonin~ Board of Appeals on was considered and the action indicated below was taken on your (X) 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. I I I, Se c · ( ) the appeal lO0-31, Art. XI, Sec. lO0-118E ............. ~m~tll~)t~l~aVeXl~t~ly~)iv)~gY~i~viil~X~X~°V'a~XeV~pti°n ( ) be 1. )~P~l~{~"XI~E~ ~:' ~P ~ e~ Sub~ction para~aph ~anted ( ) be denied pur~ant ~ Article .................... ~ct~n .................... ' ................... .................... of the ~ntng Ordinan~ and the dee~ion of the Building I~c~r ( ) be revers~ ( ) ~ co~irmedbeCause Public Hearing: 8:35 p.m. Application of Hemlock Drive, Farmingdale, NY 11973 Joseph D. Posillico, Sr.., · (a) the Zoning ~by Richard F. Lark, Esq.) for Variances to. Ordinance,. Art. III, Sec. 100-31, and Art. XI, Sec. lO0-118E for permission to construct new dwelling with insufficient front and rear yards; and (b) New York Town Law, Sec.'280-a for approval of access. Location of property: Camp Mineola Road (a/k/a Reeve Avenue), Mattituck, NY; bounded north by Corwin; west by Private Road and Corwin; south by Bay; east by McMahon; County Tax Map Item No. 1000-123-6-12.4. ~ 2. VARIANCE. By resohi~on of the Board it w~ determined tbet (a) S~ app~cation of the Ordinan~ (wo~d) (wo~d ~t) produce practical difficulties or u~ece~a~ hard~ip becau~ (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) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. (would not) ) be denied and FORM ZIM ZONING BOARD OF APPEAL~ After investigation and personal inspection, the Board finds as follows: Appellant has appealed to this Board seeking a variance for permission to construct a one-family dwelling with a setback from the westerly property line of l0 feet and from the easterly property line of 15 feet. The premises in question is approximately 90 feet in depth and an average of 200 feet in length. Existing on the premises is a one-story framed bungalow, which applicant intends to remove entirely, and which is presently approximately three feet from the westerly property line. Upon inspecting the general area, the Board finds many of the existing dwellings to have substantial insufficient frontyard and sideyard setbacks and that the granting of insufficient setbacks in the front and rear yard areas would not change the character of the district. The Board finds that the relief requested in relation to the Code requirements is not substantial; that if the variance is granted no substantial detriment to adjoining properties will be created; that no adverse effect is produced on available governmental facilities of any increased population; that no substantial change is produced in the character of the neighbor- hood; and that the interests of justice will be served by grant- ing the variance with certain conditions, specified below. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that Joseph D. Posillico, Sr. be granted a vari- ance to the zoning ordinance, Art. III, Sec. 100-31 and Art. XI, Sec. lO0-118E for permission to construct dwelling SUBJECT TO THE FOLLOWING CONDITIONS, and be 9ranted approval of access: (1) That the dwelling not be constructed closer than 17~ feet to the westerly property line [frontyard line], and that the dwelling not be constructed closer than 17~ feet to the easterly property line [rearyard area]; That the dwelling be constructed so that it does not protrude forward towards the Bay [south] of the easterly neighbor's existing dwelling; (3) That compliance be met of the regulations of the Flood Damage Prevention Law f the Town of Southold. Location of property: Camp Mineola Road (a/k/a Reeve Avenue), Mattituck, NY; bounded north by Corwin; west by Private Road and Corwin; south by Bay; east by McMahon; County Tax Map Item No. 1000-123-6-12.4. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. APPROVED SEE SEC. NO. 134