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Home My WebLink About3484 Southold Town Board of Appeals MAIN ROAD- STATE: ROAO 25 SOUTHOLO, L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEkLS Appeal No. 3484 Application Dated March 13, 1986 TO: Mr. and Mrs. Philip Bell0m0 25 J0yce Road Plainview, NY 11803 (Updated September 18, 1986_) ~~~lant (s)] At a Meeting of the Zoning Board of Appeals held on 0ct0ber 22, ]986, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article XI , Section ]00-]]9.2(C [ ] Request for Application of PHILIP AND ELLEN BELLOMO for a Variance to the Zoning Ordinance, Article XI, Section lO0-119.2(C) for permission to construct addition at rear of dwelling wi~h an insufficient setback from wetlands along Great Pond, at 7455 Soundview Avenue, Southold, NY; County Tax Map DiStrict 1000, Section 59, Block 6, Lot 8. WHEREAS, a public hearing was held and concluded on October 2, 1986 in the Matter of the Application of PHILIP AND ELLEN BELLOMO under Appeal No. 3484; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. By this application, appellants request a Variance from the Provisions of Article XI, Section 100-119.2, subsection C, for per- mission to locate an 8' by 13'8" addition at the rear of an existing single-family dwelling structure shown by survey prepared December 12, 1980, by Roderick VanTuyl, P.C. to be setback from the cattail-area proposed at 29 feet at its closest point and 44 feet from a tie line along the shoreline along Great Pond. Plot Plan prepared by Noel Phyllis Birkby, Architect dated January 28, 1986 shows a setback of the porch extension at 50± feet from the tie line along Great Pond. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 59, Block 6, Lot 8, and contains a total area of 10,321.24 square feet, more or less, and frontage along Private Road of 50.61 feet. The premises gradually widens to 93.24 feet at the rear of the premises. (CONTINUED ON PAGE TWO) DATED: orm ZB4 October 27, 1986. (rev. 12/81) CHAIRMAN, SOUTHOLD TOW/q OF APPEALS ZONING BOARD Page 2 - Appeal No. 3484 Matter of PHILIP AND ELLEN BELLOMO Decision Rendered October 22, 1986 3. Article XI, Section 100-119.2, sub-paragraph (C) requires all buildings proposed on lots adjacent to any freshwater body to be set back not less than seventy-five (75) feet from the edge of such water body or not less than seventy-five (75) feet from the landward edge of the freshwater wetland, whichever is greater. 4. The relief requested is 46 feet, or 61% of the requirements, which is in the board's opinion substantial. 5. It was found after inspection of th~ premises, that the contour of the land along the Pond area is shallow and prone to flooding. It was also noted that the highwater line was not depicted on the maps submitted with the application and the distances to the shoreline appeared at variance from those shown on the December 12, 1980 survey. 6. The area chosen for the proposed addition is not the most feasible and is not the minimal necessary. In considering this appeal, the board also finds and deter- mines: (a) that this project as proposed is not consistent with those generally existing in the neighborhood; (b) the relief requested is substantial in relation to the requirements, being a variance of 61%; (c) that by allowing the relief as requested, there will be a change in the character of the area, setting a precedent; (d) the circumstances are not unique; (e) the variance will in turn be adverse to the safety , health, welfare, comfort, convenience or order of the town; ~f) that in view of the manner in which the difficulties arose and in view of the above factors, the interests of justice will be served by denying the relief as requested under Appeal No. 3484. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the relief requested under Appeal No. 3484 for a proposed addition with a setback of 29 feet from the edge of cattails (shown on survey prepared December 12, 1980), and. 44 feet from a tie line along the shoreline along Great Pond, BE AND HEREBY IS DENIED. Vote of the Board: Douglass and Sawicki. lk Ayes: Goehringer, Grigonis, Doyen, This resolution was duly adopted. October~27, 1986 RECEIVED AND FILED BY THE SOUTHOLD TOV~N CLE~kK Town Clerk, Town DEPARTMENT OF PLANNING PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE 360-5513 /~]~ .~'~ LEE E. KOPPELMAN - , DIRECTOR OF PLANNING November '3, 1986 Town of Southold Zoning Board of Appeals Applicant: Philip Bellomo Mun. File No.: 3484 S.C.P.D. File No.: SD-86-28 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local deter- mination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as sufficient inofrmation has not been submitted to demonstrate compliance with applicable variance criteria. Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VET£RAN5 MEMORIAL HIGHWAY HAUPPAUG£. L.I., NEW YORK ! 178B Southold Town Board of Appeals I~AIN ROAD- STATE ROAD 2S SOUTHOLD, L.I., N.Y, 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Pursuant to Article XlII 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: ×× Variance from the Zoning Code, Article ×I, Section ZOO-Z19.2(C) Variance from Determination of Southold Special Exception, Article , Section Special Permit Town Building Inspector Appeal No.: 3484 Applicant: Mr. and Mrs. Philip Bellomo Location of Affected Land: 7455 Soundview Ave., Southold, County Tax Map Item No.: 1000- 59-6-8 Within 500 feet of: Town or Village Boundary Line NY 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 or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct addition at ..... ~ ~'"~ with an insufficient setback from wetlands Copies of Town file and related documents enclosed for your review. Dated: Oct. 30, 1986 Secretary, Board of Appeals 10-86-0329 ~]Article 15, Tide 5: Protection of Water [~]Article 15, Title 15: Water Supply [~Articie 15, Title 15: Water Transport []Article 15, Title 15: Long Island Wells ~[Article 15, Title 27: Wild, Scenic and Recreational Rivers [~6NYCRR 608: Water Quality Certification NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PERMIT Under the Environmental Conservation Law ~]Article 17, Titles 7, 8: SPDES __ [] Article 19: Air Pollution Control I~Article 23, Title 27: Mined Land Reclamation [~[Article 24: Freshwater Wetlands N []--]Article 25: Tidal Wetlands N--New, R--Renewal, M--Modification EFFECTIVE DATE 8/18/86 EXPIRATION DATE(s) i 9/30/87 []Article 27, Title 7: Solid Waste Management []Article 27, Title 9: Hazardous Waste Management []Article 34: Coastal Erosion Management [-q^rticle 36: Floodplain Management []Articles 1, 3, 37; 6NYCRR 380: Radiation Control C--Construction, O--Operation, (If Applicable) PERMIT ISSUED TO Philip and Ellen g~_llomo ADDRESS OF PERMITTEE 25 Joyce Road, Plainview, AGENT FOR PERMITTEE/CONTACT PERSON New York 11803 TELEPHONE NUMBER NAME AND ADDRESS OF FACILITY (if different from Permittee) LOCATION OF PROJECT COUNTY Great Pond Suffolk DESCRIPTION OF PROJECT/FACILITY Construct an 8'x13' T O~Wob: ~.~JV~L]~ E J UTM COORDINATES addition to the rear of the existin? house. GENERAL CONDITIONS By acceptance of this permit, the permittee agree~ that the permit is contingent upon strict compliance with the ECL, all applicable regulations and the conditions specified herein or attached hereto. The permittee shall file in the office of the appropriate regional permit administrator, or other office designated in the special conditions, a notice of intention to commence work at least 48 hours in advance of the time of commencement and shall also notify him/her promptly in writing of the completion of the work. The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspended if [he public interest so requires. The permittee has accepted expressly, by the execution of the application, the full legal responsibility for 811 damages, direct or indirect, of whatever nature, and by whomever 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 everf name and descr~p- Any modification of this permit graq~ed~b,~y4th,~e ~De~p~rtment must be in writing and attached hereto. tPERMIT ISSUANCE DATE ~'~IT~6~4TN~STRATOR ADDREssBLdg. 40, SUNY, Room 219 8/18/86 Robert~A. Greene Stony Brook, N.Y. 11794 cc: L. Harrison Page I of 3 95-20-6a 19/85) teration 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 the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be com- pleted, 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. 11 That the State of New York shall in no case be liable for any damage or inju~ 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 improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. ~2 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 prescribed by the United States Coast Guard shall be installed and maintained. 13 AH necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentaUy deleterious materials associated with the proiect. (lille 5), 24, 25, 34 and 36 ( __ ) -~mmm~ require an al- 14 Any material dredgeo~l~he prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 1 S If any material is to be deposited or dumped under this permit, either in the waterway or on shore above high-water mark, it shall be deposited 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. 16 There shall be no unreasonable interference with navigation by the work herein authorized 17 If granted under Articles 24 or 25, and if upon the expiration or re- vocation of this permit, 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 all 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. 18 If granted under Article 36, this permit does not signify in any way that the project will be free from flooding. 19 All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by Noel B i ~'lcl~_v: Ar~hi f~mt on SPECIAL CONDITIONS Ail excavated and/or spoil material, as well as construction debris, shall be suitably contained so as not to enter the pond and shall be stockpiled a minimum of 20 feet from the pond. Supplementary Special Conditions (A) through (J) attached. DEC PERMIT NUMBER 10-86-0329 PROGRAM/FACILITY NUMBER Page 2 of 3 SUPPLEI~E~,.~'rARY SPECIAL CONDITIONS The following conditions apply to all permits: A. If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address and telephone noted below. B. A copy of this permit or approval and supplementary conditions shall be available at the project site whenever authorized work is in progress. C. The permit sign enclosed with the permit or a copy of letter of approval shall be protected from the weather and posted in a conspiciuua location at the work site until completion of authorized work. D. At least 48 hours prior to commencement of the project, the permittee shall complete and return the top portion of the enclosed receipt form certifying that he is fully aware of and understands all provisions and conditions of this permit. Within one week of completion of the permitted work, the bottom portion of that form shall also be completed and returned. E. For projects involving activities to be accomplished over a period er more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours to the commencement of resumption of work each year. F. If project design modifications take place after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require sub- mission of a new application for permit. G. ~11 necessary precautions shall be taken to preclude contamination of any wetlands or waterway by suspended solids, sediment, fuels, solvents, lubricamts, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. H. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, NY District, 26 Federal Plaza, New York, NY 10278, (Attention: Regulator)' Functions Branch), prior to commencement of work authorized herein. The granting of this permit does no~ relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division.of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, A/bany, NY 12242, which may be required for any encroachment upon State-owned lands under water. Regional Permit Administrator NYS Dept. of Enviroument~lConservation Bldg. 40, SUb~--Room 219 Stony Brook, NY 11794 (516) 751-7900 DEC # 10-86-0329 Page 3 of 3 '; Z- Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI October 27, 1986 Mr. and Mrs. Philip 25 Joyce Road Plainview, NY 11803 Bellomo Re: Appeal No. 3484 (Variance) Dear Mr. and Mrs. Bellomo: Transmitted for your records is a copy of the recent findings and determination rendered in the above matter concerning the addition proposed at the northerly side of your dwelling. Yours very truly, GERARD P. ~HAIRMAN lk Enclosure Copy of Decision to: Building Department Suffolk County Planning Commission Mrs.N. Phyllis Birky, Architect GOEHRINGER ~OUTHOLD TOWN BOARD OF APeS MATTER OF PHILIP AND ELLEN BELLOMO THURSDAY, OCTOBER 2, 1986 PUBLIC HEARING 8:03 p.m. Appeal No. 3484 - Public Hearing commenced in the Matter of PHILIP AND ELLEN BELLOMO. Addition at rear of dwel- ling with an insufficient setback from wetlands along Great Pond, 7455 Soundview Avenue, Southold. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a map dated April 3, 1986 indicating an existing a one-story dwelling with an area enclosed on a dotted line indicating the proposed addition. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. For the record, the addition appears to be 8 by 13 leaving a setback of 44 feet from the shoreline of Great Pond. ~ ~nd I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard? MR. BELLOMO: I am Mr. Bellomo. If there's no questions... CHAIRMAN GOEHRINGER: There's always questions. Woud you step up to the mike? Is there going to be an existing foundation under- neath this-or will it be kind of level to the deck or what is it? MR. BELLOMO: Well it's going to be partial. It's not going all the way to the edge of this new structure. There's going to be about 3 feet in towards the house, the foundation. So if the new structure is going to be 8 by 13, the foundation is going to be more like 5 by 18. CHAIRMAN GOEHRINGER: And is there an extension of the existing screen and porch or is it actually an enclosed structure? MR. BELLOMO: The porch right now is going to be extended. It will be an enclosed porch. CHAIRMAN GOEHRINGER: An enclosed porch. Will it be heated and so on and so forth? MR. BELLOMO: Yes. CHAIR~N GOEHRINGER: It will be heated. Will there be any other addition? If the Board would say grant this application, would there be any other addition that you would be asking for on this structure? MR. BELLOMO: Yes. off of the kitchen. for anything. There would possibly be a bathroom upstairs As of right now as of yet, we haven't asked Page 2 - October 2~86 Public Hearing of Philip and Ellen Bellomo Southold Town Board of Appeals CHAIRMAN GOEHRINGER: Ok. I think you very much. Is there any- body else who would like to speak in favor of this application? Anybody who would like to speak against it. Questions from Board members? Hearing no further questions, I make a motion closing the hearing reserving decision until later. Ail in favor - aye. Transcribed from cassette tapes recorded during the hearing. Nadia Moore 10/21/86 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS October 2, 1986 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, ,JR. S .E.Q.R.A. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLAPJkTION Notice of Determination of Non-Significance APPEAL NO.: 3484 PROJECT NA~LE: PHILIP AND ELLEN BELLOM0 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southo~d. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Addition at rear of dwelling with an insufficient setback from wet]ands a]0ng Great Pond. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 7455 S0undview Aven.ue, S0u3h0]d. REASON(S) SUPPORTING THIS DETEP~4INATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance regulated as provided in Section 617.13 of the Sta%e Environmental Quality Review Act, 6 NYCRR. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. to dwellingwith an~ilutifficient comt~u~ dwelling within 75, frontyard cetback, at 230 Sailor's Lane, Cutcho~ue, NY; District 1000, Section 111, Block 14, Lot 07. 7:40 p.m, Appeal No. 3555 - SHIRLEY HOMAN. Variance to the Zoning Ordinonc~, Article III, Section 100-31 for permls- sion to construct addition to dwelling with an insufficient rearyard setback, at 160 Smith Drive, Peconic, NY; District 1000, Section 98~ Block 3, Lot 38. 7:45 p.m. Appeal No. 3554 - NORMAN AND KAREN REICH. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to con- struct dwelling with an insuffi- cient rearyard setback, at 1809 Right-of-Way offthe East Side of Rocky Point Road, East Marion, NY; District 1000, Section 31, Block 3, part of LOt 10; Kimon and Retzos Minor Subdivision #81, Lot #2. 7:50 p.m. Appeal No. 3547 - JOSEPH AND CATHERINE RIEMER. Variance to the Zon- ing Ordinance, Article III, Sec- tion 100-31, Bulk Schedule for approval of insufficient lot area, width and depth of two parcels known and referred to as Lots #96, 97, 98 and half of 99 at Peceuic Bay Estatce, Map #1124, and identified on the County Tax Maps as District 1000, Section 53, Block 4, Lot 32. 7:55 p.m. Appeal No. 3503 - GEORGE D. DAMIEN. Vari- ance requesting confirmation of Building Inspector's actions and prior Z.B.A. Decision Rendered under Appeal No. 949 of 9/1/66, recognizing two separate build- i~g lots, having insufficient area, width and depth as re. quimd by Article III, Section 100-31, Bulk Schedule of the Zoning Code. Location of Prop- erty: Corners of Jackson, Fifth and Main Streets, New Suffolk, NY; County Tax Map District 1000, Section 17, Block 9, Lot 12. ..... 8:00 p m Appeal No. 3484 PHILIP AND ELLEN BEL- LOMO. Variance to the ,Zoning Ordinance, Article XI, Scctionl 100-119.21c) for permission to construct addition at rear , dwelling with an insufficient setback from wetlands aong , Great Pond, at 7455 Seundview' 'i Avenue, Seuthold, NY; County ITax Map District 1000, Section ~59, Block 6, Lot 8. . ~'~:05 p.m. Appeal No. 3552 - JOHN BENKO, Variance to the Zoning Ordinance, Article Vii, zion.to est'abJish sT ro.r permis. use tn this ',B.l,,n~,°PPmgcentsr n,.e~s Zon ng Dis, ~n?al BusL Road (aP-- area at 49295 ~Jstrict 1000 e. ?.n~¥ Tax MaD 07, Lot nj ~ .'~.'t]on 70, BJ~ feet 'Of .tidal wetlands along Spring P0~d, Orient Harbor. Lo-: cation of Property: 330 Knoll Circle, East Marion, NY; "Map of Section Two, Gardiners Bay Estates," Subdivision LOts 27 and part of 28; County Tax Map District 1000, Section 37, Block 5, LOt 12. 8:25 p.m. Appl. No. 3487.SE - CHURCH OF THE OPEN DOOR. Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)12] for permis- sion to construct and establish House of Worship with related religions activities on a five-acre tract of land referred to as Lot #3, Minor Subdivision of Salva- tore Catapeno, which received Sketch-Plan Approval 4/14/86 by the Town Planning Board. Location of Property: West Side of Main Bayview Read, South- old, NY; County Tax Map Dis- trict 1000, Section 69, Block 6, Part of Lots 8 and 2. (CmTont Owners: S. and J. Catapano). 8:45 p.m. Appeal No. 3560 - EDMUND AND JOAN PRES- SLER. Appeal from Building In- spector Notice of Disapproval dated 1/2/86 and ZBA Action #3463 dated 5/6/86, am/Vari* anc, to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule and Article VH, Sec- tion lO0.70(A)ll[(dl for permis- sion to establish a second retail/ bnsinces use in conjunction with existing nonconforming two- family dwelling and antique- sales bnsinese usc on this parcel of 68,912 sq, ft. in area and 95.44 ft. lot width, Location of Prop- erty: "ILl" Gonarul Business Zoning District, North Side of Main Road, Southold, NY; County. Tax Map Parcel No. 1000-63-3-26. The Board of Appeals will hear at said time and place all persons or repcesentativec ds~ir- ing to be heard in each of the above bastings. Written com- ments may also be submitted prior to the conclusion of the subject hearing. For more infor- mation, please cell 765-1809. Dated: September 11,'1986. ; BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS , GERARD P. GOEHRINGER, CHAIRMAN Linda Kowaleki, Board Secretary ITS25.5362 ~TATE OF NEW YORK ) ! S8: COUNTY OF SUFFOLK ) K~t-h~ri n~ Rr~nr;~ ~h.l~ of Greenport, In · ald County, being duly .worn, says that he/she le Principal Clerk of THE SUFFOLK TIMES, · Weekly Newspaper, published et Qreenport, In the Town of Southold. County of SUffolk and State of New York. and that the Notice of which the annexed Is · printed copy, has been regularly published In said Newspaper once each week for l- weeks successively, commencing on the 2 5 deyof September 19 86 Principal Clerk day of ~./x~ ~ -GNAH / ll~t Il. ~ unt Ho 4849860 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town tlall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 30, 1985 TI';LEPtIONE (5161 765-1892 Ms. N. Phyllis Birkby Architect 155 West 19th Street New York, New York 10011 Re: Bellomo Soundview Ave.t Southold Dear Ms. Birkby: Please be advised that the following action was taken by the Town Trustees at a regular meeting held on September 25, 1985: RESOLVED that the Town Trustees of the Town of Southold hereby grant a waiver on the need of a wetland permit for Mr. Bellomo as requested by Ms. N. Phyllis Birkby, Architect for the addition of a 8' x 13'8 room to an existing single family residence located on Soundview Avenue, Southold, subject to the following provisions: 1. Roof run off shall be discharged into dry wells. 2. Care should be taken so as to preclude the entry of any construction material into adjacent waters. 3. Im~.ediately following construction, all areas of exposed soil shall be properly protected with suitable erosion control devices an/or vegetatea to prevent entry of eroded soil into nearby Maters. Very truly yours, HPS:ip cc: Building Dept. Henry P. Smith, President Board of Town Trustees Ilene Pfifferling, Secretary NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of theTown Law and the Code of the Town of Southold, the following public hearings will b~ held by the SOUTHOLD TOWN BOARD OF PEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting com- mencing at 7:30 p.m. on THURSDAY, OCTOBER 2, 1986 and as follows: 7:35 p.m. Appeal No. 3559-LEONARDUS AND MAR1E VANOUDEN- ALLEN. Variance to the Zon- ing Ordinance, Article 111, Sec- tion 100-31 for permission to construct addition to dwelliitg with an insufficient frontyard setback; at 230 Sailor's Lane, Cutchogue, N.Y.; District 1000, Section 111, Block 14, Lot 07. 7:40 p.m. Appeal No. 3555-SHIRLEY 'HOMAN. Variance to the Zoning Or- dinance, Article Ill, Section 100-31 for permission to con- struet addition to dwelling with an insufficient remTard setback, at 160 Smith Drive, Peconic, NY; District 1000, Section 98, Block 3, Lot 38. 7:45 p.m. Appeal No. 3554-NORMAN AND KAREN REICH. V~-i&nce to the Zoning Ordinance, Article 111, Section 100-31 for permission to con- struct dwelling with an insuffi- County Tax Maps as District 1000, Section 53, Block 4, Lot 32. 7:55 p.m. Appeal No. 3503-GEORGE D. DAMIEN. Variance requesting confirma- tion of Building Inspector's ac- tions and prior Z.B.A. Decision Rendered underAppeaINo. 949 of 9/1/66, recognizing two separate building lots, having insufficient area, width and depth as required by Article Ill, Section 100-31, Bulk Scheduling of Zoning Code. Location of Property: Corners of Jackson, Fifth and Main Streets, New Suffolk, NY; County Tax Map District 1000, Section 17, Block 9, Lot 12. 8:00 p.m. Appeal No. 3484-PHILIP AND ELLEN BELLOMO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(C) for per- mission to construct addition at rear of dwelling with an insuf- ficient setback from wetlands along Great Pond, at 7455 Soundvlew Avenue, Southold, NY; County Tax Map District 1000. Section 59. Block 6~ Lot 8. 8:05 p.m. Appeal No. 3552-JOHN SENKO. Variance cient rear yard setback, at 1809 to the Zoning Ordinance, Arti- l~ighta:;~7~;altOt]~the East Sld~e fie VII, S~ 1~70, ~ Ar- Kimon ~d R~zos Minor Sub- General Business Zoning division No. 81, Lot No. 2. 7:50 p.m. Appeal No. 3547-JOSEPIn AND CATHERINE R1EMER. Variance to the Zoning Or- dinance, Article 111, Section 100-31, Bulk Schedule for ap- proval of insufficient lot area, width and depth of two parcels known and referred to as Lots No. 96, 97, 98 and half of 99 at Peconic Bay Estates, Map No. 1124, and identified on the District with ~sufficient lot area at 49295 Main Road (a/k/a Ackerly Pond Lane), Southold, NY; County Tax Map District 1000, Section 70, Block 07, Lot 01, containing 30,084 :t: sq. 8:10 p.m. Appeal No. 3553-EUGENE BOZZO. Variances to the Zoning Or- dinance, Articles: (I) XI, Sec- tion 100-119.2 for permission to construct dwelling with an in- sufficient setback from wetlands/tidal water along Great Peconic Bay; (2) Ill, sec- tion 100-32 to relocate accessory garage building in the frontyard area; (3) III, Section 100-31, Bulk Schedule, to construct with lot coverage of all struc- tures in excess of maximum- permitted 20 percent. Location of Property: South Side of Camp Mineola Road, Mat- tituck; County Tax Map District 1000, Section 123, Block 6, Lot 27. 8:15 p.m. Appeal No. 3557-ROBERT EGAN. Variances to the Zoning Or- dinance, Articles (1) III, Section 100-31 to reconstruct dwelling with insufficient total sideyards, insufficient (northwesterly) side yard, and insufficient front yard; (2} XI, Section 100-119.2(B) for permission to construct addition and reconstruct dwelling within 75 feet of tidal wetlands along Spring Pond, Orient Harbor. Location of Property: 330 Knoll Circle, East Marion, NY; "Map of Section Two, Gardiners Bay Estates," Subdivision Lots 27 and part of 28; County Tax Map District 1000, section 37, Block 5, Lot 12. 8:25 p.m. Appl. No. 3487-SE-CHURCH OF THE OPEN DOOR. Sp~ial excep- tion to the Zoning Ordinance, Article I11, Section 100-30(B)[2] for permission to construct and establish House of Worship with related religious activities on a five-acre tract of land referred to as Lot No. 3, Minor Subdivision of Salvatore Catapano, which received Sketch-Plan Approval 4/14/86 by the Town Planning Board. Location of Property: West Side of Main Bayview Road, Southold, NY; County Tax Map District 1000, Section 69, Block 6, Part of Lots 8 and 2. (Currem Owners: S. and J. Catapano). 8:45 p.m. Appeal No. 3560-EDMUND AND JOAN PRESSLER. Appeal from Building Inspector Notice of Disapproval dated I/2/'86 and ZBA Action No. 3463 dated 5/6/86, and Variance to the Zonfng Ordinance, Article VII, Section 100-71, Bulk Schedule and Article VII, Section 100-70(A)[lJ(d) for permission to establish a second retail/bnsiness use in conjunc- tion with existing nonconform- ing two-family dwelling and antique-sales business use on this parcel of 68,912 sq. ft. in area and 95.44 ft. lot width. Location of Property: "B-I" General Business Zoning District, North Side of Main Road, Southold, NY; County Tax Map Parcel No, 1000-63-3- 26. The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above hearings. Written com- ments may also he prior to the conclusion of the subject h~aring. For more infor- mation, please call 765-1809. Dated: September Il, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary IT-9/25/86~16) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia 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, h~s been published in said Long Island Traveler-Watchman once each week for ..................... /. ..... weeks successively, commencing on the .................. d,~..~-~....., ~ 9 Sworn to before me this ........... .~?~ . .'~.... day or ..... - .-~. ~ ...... , ~9 f~ Notary Public BARBARA FORBES Notary Public, State o£ New York No, 4806846 Qualified in Suffolk County Commission Expires~.~/ 19 ~ NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, OCTOBER 2,. 1986 and as follows: 7:35 p.m. Appeal No. 3559 LEONARDUS AND MARIE VANOUDEN- ALLEN. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient frontyard setback, at 230 Sailor's Lane, Cutchogue, NY; District 1000, Section lll, Block 1-4, Lot 07. 7:40 p.m. Appeal No. 3555 - SHIRLEY HOMAN. Variance to the Zoning Ordinance, Article III, Section lO0-31 for permission to construct addition to dwelling with an insufficient rearyard setback, at 160 Smith Drive, Peconic, NY; District 1000, Section 98, Block 3, Lot 38. 7:45 p.m. Appeal No. 3554 NORMAN~AND KAREN REICH. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct dwelling with an insufficient rear- yard setback, at 1809 Right-of-Way off the East Side of Rocky Point Road, East Marion, NY; District lO00, Section 31, Block 3, Part of Lot 10; Kimon and Retzos Minor Subdivision #81, Lot #2. 7:50 p.m. Appeal No. 3547 JOSEPH AND CATHERINE RIEMER. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insufficient lot area, width and depth of two parcels ~now~ ~nd referred to as Lots #96, 97, 98 and half of 99 at Peconic Bay Estates, Map #1124, and identified on the County Tax Maps as District lO00, Section 53, Block 4, Lot 32. 7:55 p.m. Appeal No. 3503 GEORGE D. DAMIEN. Variance requesting confirmation of Building Inspector's actions and prior Z.B.A. Decision Rendered under Appeal No. 949 of 9/1/66, recognizing two separate building lots, having insufficient area, width and depth as required by Article III, Section 100-31, Bulk Schedulg of the Zoning Code. Location of Property: Corners of Jackson, Fifth and Main Streets, New Suffolk, NY; County Tax Map District 1000, Section 17, Block 9, Lot 12. Z 0 N Page 2 - Notice of Hearings Regular Meeting October 2, 1986 Southold Town Board of Appeals 8:00 p.m. Appeal No. 3484 PHILIP AND ELLEN BELLOMO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(C) for permission to construct addition at rear of dwelling with an insufficient setback from wetlands along Great Pond, at 7455 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 59, Block 6, Lot 8. 8:05 p.m. Appeal No. 3552 - JOHN SENKO. Variance to the Zoning Ordinance, Article VII, Section 100-70, and Article VI, Section 100-62(B), for permission to establish shopping center use in this "B-l" General Business Zoning District with insufficient lot area at 49295 Main Road (a/k/a Ackerly Pond Lane), Southold, NY; County Tax Map District 1000, Section 70, Block 07, Lot 01, containing 30,084± sq. ft. 8:10 p.m. Appeal No. 3553 EUGENE BOZZO. Variances to the Zoning Ordinance, ArtiCles: (1) XI, Section 100-119.2 for permission to construct dwelling with an insufficient setback from wetlands/tidal water along Great Peconic Bay; (2) III, Section 100-32 to relocate accessory garage building in the frontyard area; (3) III, Section 100-31, Bulk Schedule, to construct with lot coverage of all structures in excess of maximum-permitted 20 percent. Location of Property: South Side of Camp Mineola Road, Mattituck; County Tax Map District 1000, Section 123, Block 6, Lot 27. 8:15 p.m. Appeal No. 3557 ROBERT EGAN. Variances to the Zoning Ordinance, Articles: (1) III, Section lO0-31 to reconstruct dwelling with insufficient total sideyards, insufficient (northwesterly) side yard, and insufficient front yard; (2) XI, Section 100-119.2(B) for permission to construct addition and reconstruct dwelling within 75 feet of tidal wetlands along Spring Pond, Orient Harbor. Location of Property: 330 Knoll Circle, East Marion, NY; '~Map of Section Two, Gardiners Bay Estates," Subdivision Lots 27 and part of 28; County Tax Map District 1000, Section 37, Block 5, Lot 12. Page 3 - Notice of Hearings Regular Meeting October 2, 1986 Southold Town Board of Appeals 8:25 p.m. Appl. No. 3487-SE CHURCH OF THE OPEN DOOR. Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[2] for permission to construct and establish House of Worship with related religious activities on a five-acre tract of land referred to as Lot #3, Minor Subdivision of Salvatore Catapano, which received Sketch-Plan Approval 4/14/86 by the Town Planning Board. Location of Property: West Side of Main Bayview Road, Southold, NY; County Tax Map District 1000, Section 69, Block 6, Part of Lots 8 and 2. (Current Owners: S. and J. Catapano). 8:45 p.m. Appeal No. 3560 EDMUND AND JOAN PRESSLER. Appeal from Building Inspector Notice of Disapproval dated 1/2/86 and ZBA Action #3463 dated 5/6/86, and Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule and Article VII, Section lO0-70(A)[1](d) for permission to estab- lish a second retail/business use nonconforming two-family dwelling use on this parcel of 68,912 sq. lot width. Location of Property: Zoning District, North Side of Main Road, Tax Map Parcel No. 1000-63-3-26. in conjunction with existing and antique-sales business ft. in area and 95.44 ft. "B-l" General Business Southold, NY; County The Board of Appeals will hear at said time and place al persons or representatives desiring to be heard in each of the above hearings. Written comments may also be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: September ll, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary ATTENTION NEWSPAPERS: Please publish THURSDAY, SEPTEMBER 25, 1986 and forward 11 affidavits of publication On or before Sept. 30th to: Board of Appeals, Main Road, Southold, NY 11971. Notice of Hearings of 10/2/86 Mailing List Copies 9/23/86 to: Mr. Jerry Horton, Box 1442, Mattituck 11952 Mrs. M. VanOudenallen, 230 Sailors Lane, Cutchogue Environment East Inc., 3075 Indian Neck Lane, Mrs. S. Homan, 160 Smith Drive, Peconic 11958 Mr. and Mrs. Norman Reich, 295 West Front St, Mr. and Mrs. Mr. George D. Mrs. Noel P. Mr. and Mrs. Mr. Garrett A. Strang, Architect, Main Road, Southold, NY for Egan, 8ozzo and Senko 11935 Peconic 11958 Greenport 11944 J. Riemer, Box 640, BayShore Road, Greenport 11944 Damien, P.O. Box 626, New Suffolk, NY 11956 Birkby, Architect, 155 West 19th St, NY, NY lO011 Philip Bellomo, 25 Joyce Road, Plainview, NY 11803 11971 Paul A. Caminiti, Esq., 54075 Main Road, Southold, NY 11971 Richard J. Cron, Esq., Main Road, Cutchogue, NY 11935 Re: Church of Open Door Gary Flanner Olsen, Esq,, Box 706, Main Road, Cutchogue, NY 11935 Mr. and Mrs. Edmund Pressler, 56025Main Road, Southold, NY 11971 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. ~lCJ?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI May 1, 1 986 Mrs. Noel P. Birkby, 155 West 19th Street New York, NY lOOll Architect Re: Appeal No. 3483 - Philip and Ellen Bellomo (Garage Variance) Dear Mrs. Birkby: The board is in a position the Notice of Public Hearing in May 22nd Regular Meeting. to authorize advertising of the above matter for our Please let us know whether or not you wish this matter scheduled for May 22nd, particularly since Appeal No. 3484 for the addition is being held in abeyance pending receipt of the N.Y.S. Department of Environmental Conservation approval and wetland map, or whether you wish to have both matters heard consecutively at a later date. Also, although we are in receipt of surveys mapped 3, 1986, the contour lines and wetland grass areas not been shown as originally requested. by May 12th. Thank you. Yours very truly, Please reply, if possible, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llCJ?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCt~I Hr~ Noel P. Birkby, Architect 155 West 19th Street New York, NY lO011 March 17, 1986 Re: Appeals No. 3483 and 3484 - Philip and Ellen Bellomo 7455 Soundview Avenue, Southold (Great Pond) Dear MS Birkby: This letter will acknowledge receipt of the above appli- cations and to advise that the members of the Board of Appeals will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling your applications for public hearings. It is requested that the following additional information be furnished as early as possible: 1. N.Y.S. Department of Environmental Conservation approval pursuant to Article 24 under the Environmental Conservation Law (Freshwater Wetlands); 2. Six copies of a survey or plot plan (three for each file) indicating all freshwater wetland grasses and contour elevations, as well as the setback distances of the proposed construction from the wetland grasses in question. If the above documents are submitted by April 3rd, it is expected that the public hearings would be held about the latter part of April. (A copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times would be sent to you as confirmation.) Please feel free to call at any time if you have questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ,~ty~-- N 0 E L POrt Y L L I $ B ~ R~KT B Y ARCH ECT 155 West 19 Street - New York, N.Y. 10011 - (212)675-4439 Southold Town Board of Appeals Main Road- State Rd 25 Southold, NY 11971 Attn: Linda Kowalski Re: Appeals # 3483 & 3484 Philip & Ellen Bellomo April 9 1986 Dear Linda: Enclosed are six copies of survey as per your request dated March 17, 1986. I still await a response from the NYS DEC. Please let me know if there is anything further that I can do to expedite these appeals. Thank you for your attention. ~ ~Your~ Lr-ul¥, , / encl T ~, 5TAk~E5 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI M~ Noel P. Birkby, Architect 155 West 19th Street New York, NY lOOll March 17, 1986 Re: Appeals No. 3483 and 3484 - Philip and Ellen Bellomo 7455 Soundview Avenue, Southold (Great Pond) Dear M~ Birkby: This letter will acknowledge receipt of the above appli- cations and to advise that the members of the Board of Appeals will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling your applications for public hearings. It is requested that the following additional information be furnished as early as possible: 1. N.Y.S. Department of Environmental Conservation approval pursuant to Article 24 under the Environmental Conservation Law (Freshwater Wetlands); 2. Six copies of a survey or plot plan (three for each file) indicating all freshwater wetland grasses and contour elevations, as well as the setback distances of the proposed construction from the wetland grasses in question. If the above documents are submitted by April 3rd, it is expected that the public hearings would be held about the latter part of April. (A copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times would be sent to you as confirmation.) Please feel free to call at any time if you have questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STg*TISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1 i971 TELEPHONE (516) 765-1801 March 13, 1986 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3484 application of Noel Phyllis Birkby for a variance. Also included is Notice to Adjacent Property Owners; application to and Notice of Disapproval from the Building Department; Short Environmental Assessment Form; letter relative to N.Y.S. Tidal Wetlands Land-Use; letter of authorization; survey and plans. Judith T. Terry Southold Town Clerk BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 30, 1985 TELEPHONE (516) 765-1892 Ms. N. Phyllis Birkby Architect 155 West 19th Street New York, New York 10011 Re: Bellomo Soundview Ave.~ Southold Dear Ms. Birkby: Please be advised that the following action was taken by the Town Trustees at a regular meeting held on September 25, 1985: RESOLVED that the Town Trustees of the Town of Southold hereby grant a waiver on the need of a wetland permit for Mr. Bellomo as requested by Ms. N. Phyllis Birkby, Architect for the . addition of a 8' x 13'8 room to an existing single family residence located on Soundview Avenue, Southold, subject to the following provisions: 1. Roof run off shall be discharged into dry wells. 2. Care should be taken so as to preclude the entry of any construction material into adjacent waters. 3. In~a. ediately following construction, all areas of exposed soil shall be properly pkotected with suitable erosion' control devices an/or vegetated to prevent entry of eroded soil into nearby ~aters. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling, Secretary HPS:ip cc: Building Dept. g~:CEjV~ TOWN OF SOUTHOLD, NEW YORK j~j~, ~ ~[AL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. 3 ~; / DATE...~../..~..d~.. .......... Noel Phyllis Birkbv - 155 W 19 St 1, (We) .......................................... ~. ...................... at ............................................................................ Name of Appellant Street and Number New York N.Y. ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) ............. No el..Rhwll.is..B.ir, kb.y.,..Ar, ch.i.tect ........ Name of Applicant for permit of 155 W. 19 th St. New York N.Y. 10011 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Building Permit 1. LOCATION OF THE PROPERTY ...Y.455..S~u.ndv. iew..A~e ..................................... A..Res ............ Street Use District on Zoning Map 59 Block g.6.,.. ................ .0.~.8. .................. Current Owner Philip & Ellen Bellomo Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article X-1 Sec. 100-119-2C 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been mode with respect to this decision of the Building Inspector or with respect to this pro~rty. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ) X) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance (Wetlands) ~s requested for the reason that ~'orm 3B! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because The present building without this addition does not provide adequate living space for the Owner's family of five. 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 This house was built 30 years ago, long before the present ordinance went into effect. The present structure more than meets the usual setback requiremnts for rear yards on less than one acre lots. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The proposed addition is very small and would not be very visible to the surrounding neighborhood. It would have little impact on the present environment physically. There is no plumbing involved in this addition. COUNTY q~ ) Sworn ,o this .................... ~..~...~ .............. day of ................. ~.~ ................. 19~ / // Notary Public s L¥ ^ K. ~OU~[ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That Lt~is-~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variancel (Special Exception) (Special Permit) (Other) [circle choice] 2. That the proRerty which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: map # 59 B]0ck 6 Lot 8 3. That the property which is the subject of such Petition is located in the following zoning district: A ReSidential 4. Thatbysuch Petition, the undersigned willrequestthefollowingrelief: TO provide needed living space by construction of a 2 story addition bv extending the existing porch 8 feet ma×. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XI Secticm 100-119-2C [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: p~e~ 1 i s Bi Owners'Names: PhiliD & [llen Bellomo Post Office Address 25 doyce Road Plainview, NY 11803 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Edith Inge Bernstein 128 Bellmore ST Floral Park, NY 11001 Alice and Louis Raneiri 163 So.8th St., Lindenhurst,NY 11757 P 329 22~ 009 P 329 228 010 R£C~PT FC)R CERTIfieD ~!L STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: r /V v/ , ~ [ ~ ~' ' m I , being duly sworn, deposes and says that on the ___.L__~day of J.~l~.~f/(.~,. ,19 ~ , deponent mailed a true copy of the Notlce sei forth on t'he~e- erse smde hereof, d~rected 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 ricethe current as~s~ment r°ll ~ ih~J T°at O J-'L? ~ w,n of Southold; that said Notices were mailed at the United States Post Of- (certified) (registered) mail. Sworn ~:~bjefore rrje t h is /~,~, ~, , Notary Public S~LV,^ K. ~OUSE NOTARY PUBLIC, Sta~e of New York ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.} FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL . ~. w.. ~., ..~.: .~... PLEASE TAKE NOTICE that your application dated ..../~.~O..~:C.&7. d'3~ .... ./.., 19..~..~. for permit to C.0. .~.~.7. .L~. ¢4. ~. .. . . .~].~. (?.( ~. ( ~. .I.x( ............................. at Location of Property .7~''D--~ '~O'/~/'~"/d"/'~'~"C~' /~'"~' '"~"'"/'(G}('4'?'7'"~';x'{ ................. Straat d '/ .... Houso No. Hamlet County Tax Map No. 1000 Section ... ~.~. · .~. · · · Block . .O. .......... Lot .~..C;...~. ....... Subdivision ................. Filed Map No ................. Lot NS .................. is returned herewith and disapproved on the following grounds ............................... .. ~..~../~o..~.e~../..~.~..~< ~./.~.. ~.~ ~...~T..~.. ~ . . . ~.~ ~r~ .... .~.~ ............... . ........................... . . RV 1/80 'FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined ................ ,19 ... Approved ................ ,19... Permit No ............ Disapproved a/c ......... : ........................... [JLDG. DEPT. TOWN OF SOUI'HOLD Received ........... ,19... (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by tkis application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws. Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary jz~pections,-n -- .~ ' _ .... ............ (Signature of applicant, or name, if a c~rporation) .... ?.. (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises ...~..~. ~-LL.49tl.4 c> (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................... Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... 1. Location of land on which proposed work will be done .................................................. .... 7. . ............ 7.0.0. ?.4 7. .... .Z. q.c. : ......... ...... P. . .7. . .............. House Number Street ltamlet County Tax Map No. 1000 Section ..... G..~7 ......... Block .... .~. ............ Lot Subdivision .... ~ Filed Map No. ~x, Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ................. .1 ...... .0. (.-(.~.. ~.4gg//--...~. .......................... b. Intended use and occupancy... ~..~..~..L'./C. ! ./?.~. ........ .~~ . . ~-~/..~/'.~. ff.~'.~Z/~.~.... 3. Nature of work (check which applicable): New Building ..... ' ..... Addition...~.~. ...... Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work ~ .............. fi.~{<~,./, f~/,(~/' ~ (Description) I. Estimated Cost 7~/.a.~.~. L2~2' ' ' ~..~ ',bM, ................. Fee ...................................... · (to be paid on filing this application) ;. If dwelling, number of dwelling units ~ Number of dwelling units on each floor. If garage, number of cars ............ / ........................................................... ,. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... '. Dimensions of existing structures, if any: Front ..... ~..~ .' .......Rear ..... $.r..' ..... Depth . .~..~: .s.. ~. ...... Height .... ./~. ........ Number of Stories ....... ./ ................... .) ........................... Dimensions of same structure with alterations or additions: Front .... ~ ff. ........ Rear ... ,~ ,K..' ......... Depth ....~. ?-..' .............. Height ...... .~ ~ ............. Number of Stories...~. .................. '. Dimensions of entire new construction: Front ..... t. ?-. ....... Rear .../..~7 ......... Depth (.C ............ Height . ~. ~7... Number of Stories / ~. Size of lot: Front .... .~.o.: ?./. ........... Rear ..... .~..~..: .z..~. ........ Depth . .l.¥?.,. ? .............. ~. Date of Purchase ... ! .~. ( .~,~...~.o. .............. Name of Former Owner .~.tg..~.6-..t~...~..~.a?...~,..~.,~. ......... Zone or use district in which premises are situated ..................................................... Does proposed construction violate any zoning law, ordinance or regulation: ................................ · Will lot be regraded ......... AJ.q ............... Will excess fill be removed from premises: Yes · Name of Owner of premises ~V~./q. J:~ ~b.~O..~...o... Address ~.5..~.o..~?..~P....P/--~.~/~.~..~Phone No. ~76.. 93.~. Name of Architect . N,~... !.~/..~f..~/ .............. Address/~'.C..~'. I~ ~.r~. ~.y.,~7~.. Phone No>!*-. ;,.7. ~.-~ .'-b~',~.~'.. Name of Contractor .......................... Address ................... Phone No ................ PLOT DIAGRAM Locate clea~ly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from operty lines. Give street and block number or description according to deed, and show street names and indicate whether (erior or corner lot. ATE OF NEW YORK, )UNTY OF ....~.o.~.=.~.~. !5 .... .../tL,/z.,..K~,f~/,,:.:..~. {I,~ ~ ~ ~ 1< Oh' being duly sworn, deposes and says that he is the applicant (Name bf individual signing contract) ove named. / ,is the .... ~,:t.~:< t..~..~.~.~--~.... ........................................................... (Contractor, agent, corporate officer, etc.) said owner or owne~, ~d is duly authored to perfom or have perfomed the mid work and to m~e ~d file tNs plication; that ~ statements cont~ned ~ th~ application a~ true to the best of his ~owledge and belief; and that the )rk w~l be perfomed ~ ~e m~ner set for~ ~ the application filed therewith. ~om to before me this { .day of: .....~ ~ ~ ~ '' ........... ......... (/. ,, _ ~ 4~17t ~ / / (Signat~e of app~c~t) FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall Southold, N.Y. 11971 765 - 1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions This application must be filled in typewriter OR ink, and submitted m ".~.-" to the Building Inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic featu res. 2. Final approval of Health Dept. of water supply and sewerage disposal-(S~9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters, 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: ~ 1. Accurate survey of pz't~perty showing all property lines, streets, buildings and unusual natural or topographic features. '~- 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. Fees: 1. Certificate of occupancy $5.00 ~ 2. Certificate of occupancy on pre-existing dwelling $1 5.0 0 3. Copy of certificate of occupancy $1.00 4.Vacant Land C.O. $5.00 Date .......................... New Building ............. Old or Pre-existing Building ...~:~ ...... Vacant Land ............. Location of Property ...7..~. ~. 5..'.~/~ ~ t~.~...k~3'.~--~,,~). ~t~/.~___ ........................ House No. Street Hamlet Owner or Owners of Property . .?.~..I...~.~...~.. ~;. ~ .~..~. ..... .~t~:..~.<..~..~...CD. ........ County Tax Map No. 1000 Section .... .~..~. ....... Block...~, ........... Lot ...... ~.' ......... Subdivision ................................. Filed Map No ........... Lot No .............. Permit No ........... Date of Permit .......... Applicant .................................. Health Dept. Approval ........................ Labor Dept. Approval ........................ Underwriters Approval ........................ Planning Board Approval ...................... Request for Temporary Certificate ..................... Final Certificate '"~ Fee Submitted $ ?[ ~'" '~'~'~ Construction on above described building and permit meets~, applicable codes and regulations. AP P lican t~:...~ _~.~.~-'/~/. ~.,. ~/, .~..~; ....... Rev. 10-10-78 ihe ;i.i.~. Lnvlronmen[-I (luallty ~ew Act miss.ion of this f~, and an environmental r, made by this boara~l~efore any action is ta .~HORT ENVIRO?~4E! TAL AS$PS%,,VENT YCqli I r(:s sub- will be (a) In order to answer the questions in this Short £AF is is asst'~ed that the prerarer wil! uae currently available Infarction concern ln~ the project and she likely ~pacts o£ the action. 2t ia not expected chat additiol.ai ntudioz, research or ether l,vesctgatlons w~11 be undertaken. (b) 2£ any question hmo been answered Yes th, proJeo~ may be a~tcan: and a completed ~nv~rc~enta~ Aa~esa~un: Fo~ ~ (c) I~ at1 quest~on~ have been answered Ho :: ~ ~kely t~t th~ projac~ 1~ ~. ~ project re~t ~n a large physics1 to the project s~te or phys~ca~ky extel more %~n 10 acre~ of land? , , , · , · · , · · , Ye~ / No · 2. &. 6. 7. 8. Will there be a ~Jor chan&e to any unique or unusual land form found on the site? · · · Will project alter or have a large effact on / an existin& body of water? · , , , o o o , , Yes ..... No Will project h~vo a potentially large impacb on ~roundwater quall~y? , · · , , , · * * · · ~ Yes /No Will project significantly effect draina&e flow on adjacent sites? * * · * · · · , · · · Yes /No Will project a££ect any threatened or endangerod plan: or anLrr..~l species? , , , , , , , , , , Yes . / No Will project resuJ, t in a major a~vor~e effect on a~r quality? · · , , · , · · · · · Yes.. / ~c Will project have a ~ajor effect on visual char- acter of the co~unity or scenic views or vistas known to be izportan% to the community? · · · -- Yes . V/No 9. Will project adversely impact any site or struct- ure of historic, pre-historio~ or palbontolo&lcul importance or any site doelgnatod aa a critical environment, al area by a local agency? · · · Yea ~/ ~o 10. Will project have a mmJor effect on axioting or future recreational oppor%u~i%ioo~ · · ·...' Yam . u/ 11o 11. Will project result in major Lraffic problems or cause a major effect to exia%inR transportatiGn . systems? o , . . , , · ° · , , . Yea v/ No 12. Will project regularly cause objectionable od~r:, noise, glare~ vibration, or electrical disturb- ance as a result of the project's operation? , Ye~ u/ No ~3. Will project have ally impact on pub].lc health or aafetT', * * * * * , · , , . , , ,. Yes ,,,V/K° 1~. Wl!l project ~ffcct :he existing cor~qunity by directly cau:in~ a growth in Fermenent popula- tion of moro t~an ~ percent Over a one-yeav period er have a major negative effect on the / character of the COm. mun~ty ar neighborhood?. , . Ye~ No / (Today's Date} To: Ro: Southo!d Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Reguiations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property i,n the within appeal application: (please check o~e box) [ ] May be located within 300 feet of tidal wetland:3; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length." [ ] May b'e 'located within 300 feet of tidal wetland:3; 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 3.00 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 tiddi wetlands; and there is no bulkhead or concrete wall existing 'on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items'(*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] NOTE: approval must be received an.d submitted to our office before your application can be scheduled for a public hearing. If proposed project falls wit~hin D.E.C. jurisdiction,