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Home My WebLink About4288 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 DECISION RENDERED: January 4~ 1995 APPL. #4288. APPLICANT: Jack and Chris Gismondi. LOCATION OF PROPERTY: 5655 Indian Neck Road~ Peconic~ COUNTY TAX MAP DISTRICT 1000, SECTION 86~ BLOCK 6, LOT 14. NY. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector 8/15/94. "Accessory structure(s) must be located in the required rear yard setback." PROVISIONS APPEALED FROM: Article IIIA~ Section 100-30A.4. RELIEF REQUESTED: Temporary location of above-ground 4 ft. by 12 ft. accessory swimmingpool pool, 48" high, located in the side yard, as built and more particularly shown on sketched map submitted with this variance application. MOTION MADE BY: Gerard Goehringer SECONDED BY: James Diuizio. ACTION/RESOLUTION ADOPTED: Approved temporary location of accessory above-ground pool, provided there shall be no permanent repiacement within existing side area for any other type of structure; any future in-ground pool or building must be placed in the northerly yard area (which is technically the rear yard) meeting code setbacks. The existing temporary above-ground pool shall not be enlarged and shall remain centrally located in the side yard, as exists, until appropriately removed and relocated. REASONS/FINDINGS: Property is substandard in size in an R-40 Zone District. No other yard area has been designated as a rear yard. Property contains two front yards and two side yards. VOTE OF THE BOARD: iThis resolution was duly adopterS.- Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS NOTICE IS llEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, JANUARY 4, 1995~ commencing at the times specified below: fi' 7:30 p.m. Appl. No. 4288 - JACK AND CHRI____~S GISMONDI_~___~. Request for a Variance under Article III, Section 100-30A(1) for proval of the location of an accessory swimmingpool, above ground s built, in a yard area other than the required rear yard, at remises known as 5655 Indian Neck Read, Peconic, NY; County Tax p Parcel No. 1000-86-6-14. (Setback from property lines, when ocated in a yard area other than a rear yard, shall be determined by X,~he Board of Appeals. ) . ~ 2. 7:40 p.m. Appl. No. 4289 WILLIAM AND VERA SMITH. Request for a Variance under Article IIIA, Section 100-30A.3 based upon the October 28, 1994 Notice of Disapproval issued by the Building Inspector, for permission to construct addition to ex~sting building which will have an insufficient front yard setback. Page 2 - Legal Notice Southold Town Board of Appeals Public Hearings for January 4, 1995 Location of Property: 980 Bayview Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-106-10-17. 3. 7:40 p.m. Appl. No. 4290 - WAREX TERMINALS CORP. Request for a Variance under Article X, Section 100-101C, ref. 100-33, for permission to locate a canopy structure over existing gasoline pumps in an area other than the rear yard. Location of Property: 9945 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-142-1-27. 4. 7:45 p.m. Appl. No. 4287 CONDOMINIUMS. (Carryover from December 7, instal] swimm~n ~o~pool at 52325 C.R. 48, 1000-135.1-1-43. NORTH FORK BEACH 1994). Request to Southold, NY; 5. 7:50 p.m. Appl. No. 4286 - JOEL AND MARGARET LAUBER (COREY CREEK VINEYARDS). (Carryover frem December 7, 1994}. Request for Special Exception to establish Winery Use for the sale of wine produced from .grapes grown on the existing Vineyard where the proposed Winery is to be located. Location of Property: Consisting of a 45470 Main Road, and 9.6. minimum of ten Southold, NY; (10) acres of isnd referred to as County Tax Map No. 1000-75-6-9.7 Page 3 - Legal Notice Southold Town Board of Appeals Public Hearings for January 4, 1995 6. 8:00 p.m. Appl. No. 4293 - EDWARD J. MUNSON. Request for Variance under Article IIIA, Section 100-30A.3 based upon the December 7, 1994 Notice of Disapproval issued by the Building Inspector for permission to construct addition to dwelling which will have an insufficient sideyard setback at less than the required 15 feet, and total side yards at less than the required 25 feet. Location of Property: County Tax Map Parcel No. of land area. 1545 Oaklawn Avenue, Southold, NY; 1000-70-3-5. Containing 10,400 sq. ft. 7. 8:05 p.m. Appl. No. 4292 - JAY AND MARY THOMSON. Request for a Variance under Article IIIA, Section 100-30A.3 based upon the November 30, 1994 Notice of Disapproval issued by the Building Inspector for permission to construct addition to existing dwelling which will exceed the maximum lot coverage limitations. Location of Property: 695 Bayshore Read, Greenport, NY; County Tax Map Parcel No. 1000-53-6-14. 8. 8:10 p.m. Appl. No. 4291. JAMES M. and ELAINE OtKEEFE Request for a Special Exception under Article IIIA, Section 100-30B to establish Bed and Breakfast use as an accessory incidental to the applicantts single-family residence and ownership of dwelling located at 54300 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-52-3-1. Zone District: R-40 Low-Density Residential. Page 4 - Legal Notice Southold Town Board of Appeals Public Hearings for January 4, 1995 9-11. 8:15 p.m. Application for Variances requested by WILLIAM F. GASSER concerning his property known and referred to as the American Armoured Tank Museum, 640 Love Lane and the south side of County Route 48, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-16 located in the Hamlet Business Zone District, which requests are noted as follows: (9) Appl. No. 4260 - Request for Variance under Article IX, Section 100-91C (1) based upon the July 12, 1994 Notice of Disapproval issued by the Building Inspector for the placement of accessory tower structure which is required to be located in a rear yard with a setback as per Section 100-33B(2) at five feet from the property line; (10) Appl. No. 4261 - Request for Variance under Article XXIII, Section 100-231A based upon the July 12, 1994 Notice of Disapproval for the height of the fence which excess the required height limitation; (11) Appl. No. 4262 - Request for Variance under Article IX, Section 100-93 based upon the July 12, 1994 Notice of Disapproval for the outside storage or display which is not permitted in this Ilamlet-Business Zone District. Page 5 - Legal Notice Soutbold Town Board of Appeals Public Hearings for January 4, 1995 The Beard of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review any of the above files or would like to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: December 16, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By l.inda Kowalski X TO~YN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTttOLD, N.Y. NOTICE OF DISAPPROVA'L Date ./~U g u s.t 15 ..................... 19 94 To ...G~r.i.s..t.i.ne Rockson-Gismondi Jack Gis'~G ~ ..... . ............ 56.55. ~cI.'i0n Neck Lane ' Peconic, New York 'i'1958 PLEASE TAKE NOTICE that your application dated ' . .J..u.ly. 26 19 94 construct new ............... ' ..... for permit to/ swimm~o9 ~qgl 0,5 ~'~'15.+~ .~. Location of Property ..56.5.5..I0.dj-.at0 .N!%c.k..t_~q.n.~.t Peconic ' Ho~,~ /Vo. ' "'s'tlci. i ............... H~,-.l~r ' County Tax Map No. 1000 Section . .8.~ .......... Block .... 0..6] ....... Lot ...:i.4. ......... Subdivision ................. Filed Map No... ............... Lot No .................. is returned herewith and disapproved on the following grounds .A.r.t..i.c.l.e..I..I.I.A..S..e.c....1.997.3.0.0 4 '. X. qf.. Ar.l~icJ_.e.-III .;.-S@ct.i. on. ~-O.O-=a0A...I ...A.c.c.e.s.s. ?.ry..s.t..r.u.c.t.q .r.e.(.s.). must be located in the required rear yard. ........ Action required by ....... ~b~..~qOVO..o.f..6p~eals (Property contains three front yarde ) - ..... " / q~Xd±n9 Inspector '' RV 1/80 J FORM NO, 1 TOWN OF SOUTHOLD DUILDING OEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Approved .................. 19 . . . Permit _NO ............ 00,'~R0 OF H£ALTI{ ........ SETS OF ?LA;i<: ........ gURV£'f ................. C!~vCK .................. i ..': .'0,.,, ............ CALL // ~"' '~ ~ ~ ' H^IL TO; (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRIr~TlnWq ~t:i~:ii:: CHR ST NE ROCKSON-GISMONDI :'::::::::-/~/)-546/214 7 5 5 :_:c .... JACK GISMONDI ~ .i . i:~: :~-/ I ;:::-:£:-:-:--:L7 INDIAN NECK LANE J:~i: -' ~::::::: 7~ .~__-_~_ :_: L~-.: PECONIC, ~ ~1958 "- ~ . :ed to the Building Inspector, with adjoining premises or public sti'cet diagram which is part of this appli Building Permit. :rmit to the applicant. Such permi ver until a Certificate of Occupanc,. a Building Permit pumuant to thc Iosher applicable Laws. Ordinances or r demolition, as herein described. lng code, and regulations, and tc (Signature of applicant, or name, if a corporation) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Ni~rne of owner of premises 3/~',.~..~. 1': L~~,_~ .... i'~ .......... "' :" ........... ' ........... (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 .......................... ~,nmher's License No. C2.~.3.0. '-:.~ ..... Electrician's License No. Other Trade's License No ...................... Location of land on which proposed work will bc done ............................... ... ................ House Number Street Hamlet ..... County Ta~ ~,~p ~o. ,000 Sect,on :.. SrO ........... B,oc~ :...(~ ....... ::... Lot... J.¢ ...... ..... ........ (/~'a;,;;~ ..... c"' ......... ,=~,~.d ~,,ap No. 4¢.,~. .......... ~,ot../ZS,,.'~.. State existing use and occupancy of premi,s~es and intended usc and oc ...., . ' ' ' / ~-ut~dnc5 oi proposed construction- ...... :"':':": .................. ~. l.n,ended Use and oecnpancy ...... .0 0<~¢. ~:~:~/~:.:)..'.':. ~,< .... · / , (_) _._: *:;.:~;.:,.~...r ....... district construction ~ddltlon .......... Aheration --~, .... ............ Other Workotb&,t e._. / . (DcscC (t~ oe pa~d on filing this application) , ,Iwciling units on each floor .............. ,, .~ of each type O[US~ ......... .............. Rear ................ :~umber of Stories ......... '.. i ...... ' ~', .,r . .............. Depth ......... Depth ..................... 'rd:dion: ............................ [dl be removed from premises: Yes ~f Contractor' ~ ............... Phone No ............ ................ Phone No ................ ................ Phone No . . ' clearly and distinctly all buildings, wh._,:!~,r ........ :,,r prop.osed, and, indicate all set-back dimensions from property lines. Give street and block number or desea~tlon nccordm- to al%ed, and show street names and indicate whether interior or corner lot. , TATE OF NEW YORK, 0 YO-... S )Ore named. being duly sworn, deposes and says that he is the applicant , {Contractor, agant, corporate officer, etc.) ' Sa~d Owner or Owners, and is duly autl{orized to perform or have performed the said work and to make and file this plication; that all statements containe · · Will .,..c ..... d m tins application are true to the best of his knowledge and belief; and that the be ,'-..,,,mca m the manner set :forth in the application filed therewith. ~orn_.to before me this ......... · .,9 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR /~/~-~ NOV 2 8 1994 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number .......... . .~..~...O..~.L..(.: ........................................................ ~ '~ .......... ........ .EREBY ^PPEAL TO Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY '. ' I~ Street yHamlet / Use District on Zoning Map MopN°'J000 'L°tN°'l~ Prior Owner 6r~ ~_ ' 2. PROVISION (S) OF THE ZONING ORDINANCE APP~LED (Indicate th. A~icle Section, Sub- section a~agrapN of the Zoning Ordinance by number. Do not quote t~e Ordinance.) 3. ~PE OF APPEAL Appeal is made herewitN for (please check appropriate box) ~ A VARIANCE to the ~ning Ordi~nce or Zoning Map ( ) A VARIANCE due to lack of access (State of New York ~n Law C~ap. 62 Cons. L~s Art. ]6 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has)~as no~/~een made with respect to this decision of the Building Inspector or with respect to this propeT~7. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was mode in Appea! No ................................. Dated ............................. , ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason ,'hat P~'c'{7~[~cl eO/~Ctt'O'~ T(-CC5~{"O~"~ 'q~ ~ Z~l ' " (Continue on other side} ~ ~r ' REASON FOR 'APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because LL.)OO~C~ ,C,~D~.)i.[.~- ~Ot,~) ~n~ 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vici.,t~ o, this p,a~ert¥ a~d ,. ,h,s use dis'., because ~e~-~- ~1~ h~ ~ ~ CHARACTER OF THE Dib i KICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this c~ u2./~.,~. ............ day of ~ .......................................... ~: .............. ~9 ~v~ LINDA J. COOPER Notary Public, State of New No.4822563, Suffolk County/~, Term Expires December 31, 19 -.)?.,_ f'~_ (_/~/ TOWN OF SOUTHOLD I~OPERTY RECORD CARD ~ /.~ OWNER FORMER OWNER VILLAGE ACREAGE TYPE OF BUILDING LOT RES. ;:~/~ SEAS. VL. FARM COMM. [ IND. J CB. MISC. LAND IMP. TOTAL DATE REMARKS ~ 2, oo-V BUILDING CONDITIOIx ABOVE FRONTAGE ON WATER AGE~. NEW NORAAAL BELOW ' Est. Mkt. Value Farm Tillable I Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot .' Total Acre Value Per Acre Value FRONTAGE BULKHEAD DOCK -- 2~1~/ *2 ~.-,~/~ : ~ tion Bath Extension, .,_ L --II?.. Basement 7~' Floors - ~l~ ~ ~ ~ · z Z- Extension ~ Ext. WalI~F~ Extension' ~ I,~A ~1 [~ Interior Finish FirePlace J Heat Porch Roof Type Porch Roo~ Ist Flor ~arag~ ' I ~ ' Drivewoy Dormer SURVEY OF PROPERTY A T PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000 - 86 - 06 14 Scale 1" = 40' May 21, 1990 AREA = 32,977 sq. ft. ~y the U.A.LS. and e~proved and adopted for S~.:Ch uae ~v ~e N~w York Sta~ L~d Ti~ p,OAp CERTIFIED TO, SECURITY TITLE & GUARANTEE COMPANY JACK ~ GISMONDI CHRISTINE GISMONDI MAIN ~'OR$, P.C. ~OAD SOUTHOLD, N Y. ~197! DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE January 18, 1995 STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING Town of Southold Zoning Board of Appeals Main Road Southold, NY 11971 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Gismondi, Jack & Chris Thomson, Jay & Mary MtmicipalFileNumber(s) 4288 4292 GGN:mb Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS,' TOWN OF SOUTHOLD' Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, ~hereby refers the following to the Suffolk County Planning Cc~ission: XX Variance from the Zoning Code, Article IIIA , Section 100-30A.4 __Variance from Determination of Southold Town Building Inspector __Special Exception, Article , Section __Special Permit Appeal No: 4288 Applicant: Jack and Chris Gismondi Location of Affected Land: 5G55 Indian Neck Lane, Peconic, NY County Tax Map Item No.: 1000- 8B-6-14 Within 500 feet of: XX Comments: ~wimmingpnnl __ 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 established Channel Lines, or __ Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport Applicant is requesting permission to locate Qbove-qround in the side yard ar~=a (as h~lilt) Copies of Town file and related documents enc]osed for your review. ] Dated: January 17, 1995 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 January 13, 1995 Mr. and Mrs. Jack Gismondi 5655 Indian Neck Lane Peconic, NY 11958 Re: Appl. No. 4288 - Variance for Above-Ground Swimming Pool Dear Mr. and Mrs. Gismondi: Please find enclosed a copy of the determination rendered by the Board of Appeals at our January 4, 1995 Regular Meeting and filed with the Town Clerk's Office concerning the above-noted application. A copy of tins determination has been furnished to the Southold Town Building Department pertaining to your original building permit application request. However, it will be necessary for you (or the owner) to contact the Building Department (765-1802) to be sure your application request is returned to the processing rack. Also, you may know, tins project is located within 500 feet of a State Road. We have transmitted copies of the variance file to the Suffolk County Department of Planning for their determination as required under the County's Administrative Code. Once that agency has finalized its review and forwarded its comments to our office, we will transmit a copy of the same to you. If you have any questions, please feel free to call. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning Page 3 - Hea~'ing Regular Meeting of January 4, 1995 Southold Town Board of Appeals 7:30 P.M. Application No. 4288 - JACK AND CHRIS GISMONDI MR. CHAIRMAN: Request for a Variance under Article III, Section 100-30A(1) for approval of the location of an accessory swimming pool, above ground as built, in a yard area other than the required rear yard, at premises kuown as 5655 Indian Neck Road, Peconic; Parcel ID 1000-86-6-14. (Setback from property lines, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals), and we 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? JACK GISMONDI: Yes. MR. CHAIRMAN: How are you tonight Sir? Would you state your name for tine record. JACK GISMONDI: My name is Jack Gismondi. MR. CHAIRMAN: Can you tell us why you choose to put the pool ill a side yard and not in a rear yard? JACK GISMONDI: Well, l was told by tile Building Department that my property is considered to have three front yards and the one side that would abide being a rear yard which is actually tile northerly side of the property I have only 15 feet of property. What I would cousider the rear of my property (someone sneezed and coughed) would be proper of wooded property. What I would consider to be my southerly side of my house as a right-of-way perhaps 75 feet from tile house and I [lave a 15 foot bumper of wooded area which throughout the spring and summer is ( ). It is one of tine few Page 4 - Hearing TranScript Regular Meeting of January 4, 1995 Southo]d Town Board of Appeals that southerly side of the house, is the only side of the house in which I get a i~eck of a lot of sun. MR. CHAIRMAN: I see. I didn't realize that the lot was as deep as it was. I didn't look at the survey and I was over there and it is a relatively deep piece of property. Do any of the Board Members have any questions of this applicant? BOB VILLA: How- travelled is that right-of-way to the east of your property? JACK G1SMONDI: It is exclusive driveway from Mrs. Walker. It is sometimes used without her permission by others but it is exclusively her right-of-way. BOB VILLA: There's very little traffic on it? JACK GISMONDi: Yes. BOARD SECRETARY KOWALSKI: I, I just want to mention this. Two front yards there too. So, he doesn't really have a rear yard. MR. CHAIRMAN: Is there any type of screening that you're anticipating putting around the pool? Are you planning on planting any greenery or any, any type of minor fencing? JACK GISMONDi: This time of year of course it is not screened very well. I did in the summer, in the spring and in the fall, the, as I said the 10-15 feet of woods that is approximating that side of the house, in front of the house is quite big. The pool itself is something of an expense. It was something of a, something that I ventured into without realizing how far I was going to get involved. I have put a fence around the ladder itself which was required by the Building Department. We put a couple hundred bucks into the Page 5 - Hearing Tra~l~Sript Regular Meeting of January 4, 1995 Southold Town Board of Appeals BOB VILLA: would like to yard? application and what not. Its something I'd like to do one of these days· I'd also like to put a new roof on my house. I don't know, Its just, its something, yes, I would like to do it. I would not, my wife is terribly fond of an, of the above ground pool. ( ) if I have one. I'm not terribly fond of it myself· I could very well of done without it and a, I imagiue that after a few years its going to rust away and perhaps ..... MR. CHAIRMAN: Never to return· JACK GRISMONDI: Business will be better and 1'11 have a nice inground pool that I would like to of had in the first place. MR. CHAIRMAN: Alrigbt, I thank you sir. JACK GISMONDi: I thank you. MR. CHAIRMAN: Is there anybody else would like to speak in favor of this application? Anybody like to speak against the application? Any other comments? Just a question that he brought up the fact that he have an inground pool and you put it in your back JACK GISMONDI: If, if it would be that I have one. Yes. BOARD SECRETARY KOWALSKI: He doesn't have a back though. That's the problem. It's two front yards. BOB VILLA: Welt, to the rear of tile house that's where you ( You've got probably 300 feet behind the house. BOARD SECRETARY KOWALSKI: various though for that. yard OK, Yeah. lie would still need a Page 6 - Hearing ript Regular Meeting of January 4, 1995 Southo]d Town Board of Appeals BOB VILLA: Yeah, but it wouldn't be as noticeable from the main road. I mean the other, the other front yards are on right-of-ways which are very seldom used. Indian Neck is your main road. So, it would ( ) to have it behind the house or to the north of the house. Right? JIM DINIZIO: Right. JACK GISMONDI: That particular part of my property is heavily wooded and the trees are well in excess of 100 feet and it would be, as I said, one, perhaps a, I guess if my plumbing business prosperous solnewhat better that would be the ideal place to put it with a large deck and do so under the auspices of the Building, Zoning Board. But, as a telnporary solution, yes, this was the one part of the property that permitted it without having to have the tree expert come in, clear the property and it would be a little beyond my means. The trees are very large and it would be a considerable expense as would be clearing the property in any shape or form. So, this is something, yes, I probably have got the smallest house on indian Neck Lane. I've got a, it was abandoned for quite a few years. I've done quite a bit of work to improve it and things take time. This is a start. MR. CIIAIRMAN: No question about it. OK, I'm going to make a motion that we reserve decision until later on tonight. I'll offer that as a resolution, gentlemen. JIM DINIZIO: Second it. MI{. CHAIRMAN: All in favor? BOARD MEMBERS: Aye. Page 7 - tlearing Tra~'l~ript Regular Meeting of January 4, 1995 Southold Town Board of Appeals MR. CHAIRMAN: tomorrow morning, or you're welcome to stay. late we're going to be. I know that you tomorrow, so. JACK GISMONDI: Thauk you for your time. MR. CHAIRMAN: Thank you. We wilt kick it around so you're welcome to call us We have no ideal how will not be swimming WILLIAM SMITH: for this. MR. CHAIRMAN: WILLIAM SMITH: MR. CHAIRMAN: Smith? Nothing more to say than I'd like to be approved OK. It's tile ouly way I can go. ts there anybody have any questions of Mr. 7:42 P.M. Application No. 4289 WILLIAM AND VERA SMITH MR. CHAIRMAN: Request for a Variance under Article IIIA, Section 100-30A.3 based upon the October 28, 1994, Notice of Disapproval issued by tile Building Inspector, for permission to construct addition to existing building which will have an insufficieut front yard setback. 980 Bayview Avenue, Mattituck; Parcel 1D 1000-106-10-17. I have a copy of a survey indicating the approximate placement of the house on the property aud the notice of this request basically reducing the front yard to approximately 33 feet. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Smith would you like to be heard? Would you like to say anything for the record? CUTCHOGUE EAST PLUMBING & HEATING INDIAN NECK LANE, pECnNIC, NEW YORK 119e'B TELEPHFINE (~,16) 734-7637 BOARD OF APPEALS:TOWN OF SOUTHOLD ................................... X In the Matter of the Application of JACK AND CHRIS GISMONDI CONFIRMATION OF POSTING and, being duly sworn, depose and say: That on the 2~ day of December, 1994, I personally posted the property known as "5655 Indian Neck Ro~d, Peconic, NY" ,by placing the Town's official poster notice on /~/l-~-7--['e~- facing the road side of the l~roperty, and that the poster has remained in place at least seven days prior to the date of the first public hearing. Dated: December ~ , 1994. ( si~aturo ) NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hear, ings will be held by the Southold Town Board of A_n- peals at th~ Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY. JANUARY 4. 1995. commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4288,,~ ~,r.~n~II~i Requeat for a Variance under Article ~II, Sec- tion 100-30A(1) for approval of swi~aming P°°l~ above ground ns built, in a yard ~ other than the requir.~ re~ y_a~l, at pt~aises known as 565~lndian Neck Road, Peconic, County Tax Map Parcel No. 1000-86-6-14. (Setback from prope~y lines, When located in a yard area other than a rear yard, shall be d~termined by the Board of Appeals.) 2.7:35 p.m. Appl. No 4289- WILLIAM AND VERA SMITH. Request for a Vari- ance under Article IIIA, Sec- tion 100-30A.3 based upon the October 28, 1994 Notice of Disapproval issued by the _~Buildi~. g Inspector, for permis- ,sion to construct addition m existing building which will ~ have ~n ~n~d~cient front yard Ma~lt~i~'~i Co~rax Map Pntr,~l No; ~1000,.106-t~- 17. 3.7:40 p.m. AppL No 4290- WAREX TERMINALS CORP. Request for a Variance under Article X, Section 100- 10lC, ref. 100-33, fo.r penms- sion to locete'a canopy smtc- ture over existing gasoline pumps in an area other than the ,r~yard. Loca~un of!~operty: ~:9945 Main Road, Matti~ck,. i :~NY; County Tax Map Parcel , - ?4:. 7:i15 p.m. Appl. No. ~i ~W?;'., -NORTH FORK i~t~l-~ CONDOMINIUMS. ~!!~oTM from Dec~%mb~., '7, COUN~OF SUFFOLK %TATE (')F NEW YORK ss: Tim Kelly, being duly sworn, says that he is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suf- folk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for / successively, commencing on the ....~......~ day of .............. ~::'.:.:~ ................. ,19....~..~. ~~....~.... day of .................... ...................... Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 480,~846 5. 7:50 p~m. Appl. No. 4286- JOEL AND MARGA- RET LAUBER (COREY CREEK VINEYARDS). (Carryover from December 7, [994). Request for Special Ex- ception to establish winery Use for the sale of wine produced from grapes grown on the ex- isting Vineyard where th~ posed winery is to be located. Location of Property: Consist- mg of a minimum of ten (10) acres of land referred to as 45470 Main Road, Southold. NY; County Tax Mal~ No. 1000-75-6-9.7 and 9.6. 6. 8:00 p.m. Appl No. 4293- EDWARD J. MUNSON. Request for a Vari- ance under Article IliA, Sec- tion 100-30A.3 based upon the December ?, 1994 Notice of Disapproval issued by the Building Inspector for perm~s- sion to construct addition dwelling which will have an in- sufficient sideyard setback at less than the required 15 feet. and total side yards at less than the required 25 feet. Location of Property: 1545 Oaklawn Avenue, Southold, NY: County Tax Map Parcel No. 1000-70-3-5. Containing 10,400Sq. fi oflnnd area. 7. ~::p.m. Appl. No. 4292-'~ ,AND. MARY THOM~ONi Request for a Variance under Article Ill^, Section 100-~0A.3 based upon the Novemb~ 3~{~ Build~g:~~ .e~sion. - _~ ' exce~tthe maximum lot co~- arngg, ltmitatio~$. Location of Property: 695 Bayshore Road. Greanport, NY; County Tax Map Parcel.No. 1000-53-6-14. 8.8:10 p.m. Appl. No. 4291. JAMES M. AND ELAINE O'KEEFE~:Request for a sp~~ cial Exception under Article IliA, Section 100-30B to estab- lish Bed and Breakfast use as an accessory incidental to the applicant's single-family resi- dence and ownershil~ of dwell- ing located at 54300 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-52~3-1. Zone District: R~40 Low-Den- sity Residential. 971 I. 8:15 p.m. Application for Variances requested by WILLIAM F. GASSER con- cerni~g his property known and referred to as the American Armored Tank Museum, 640 Love Lane and the south side of Coanty Route 48, Mattituak, NY; County Tax Map Pamel No. 1000-140~2-16 located:in the Hamlet Business Zone Dis- trict, which requests are noted as follows: 9. Appl. No, 4260- Request for ~/ariance under Article Section 100-9~!) based n~on th~ ~luly 12, 1994 Notice of Disapproval issued by,the BUil'din~ lnsPectfr' ~or ~h~ placement of aocesso~ structure wh~h is required to be located in a rear yard with a s~tback ~ por~.,$ .ec~tion: 33B(2) at fiv~ fe~ Pr°Per~y ]inei ~'~ i I 0. AppL No. 426~1- ~ fo~:Vnr~nce based upon tl~e hlly 't2~ l~ Notice of Disapproval for the height of the fence which e cess the required height limi- tatlon; 11. Appl No. 4262d Request for Variance under Article' IX, Section 100-93 base~ Ul:~on the ~6val fo,'the ~t/t~id~ stor~~' or display ~hich is not ted in this Hamlet, Busi~: ZOne District. . . . ~:: at sa!a time and Place and al! ~P~,rsons ~1' ~!: fives desirin~ tobe ' ments n~ay ~;~ ~ p or to subject h~. r~h ii~ttn~ will not start before the times designated al~0ve. If you wish to review any oflbe above or would like tore, quest more. information, please do not hesi- tate to call 765-1809 or visitour office. · ' Dated: Decem~r 16 BY oRDER OF THE SOUTHOLD TOVsrN BOARD OF A~?r=ALS GERARD P. ~. ~OEH~d~GER, CHA~R- ' By:l.,inda.Kowalski 1~- 12/22/94 NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Soutbold. that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Soutbold Town Hall. 53095 Main Road. Southold. New York 11971. on WEDNESDAY, JANUARY d, 1995, commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4288 -- Requesl for a Variance uMer Article III, Section 100-30A(1) for approval r~f Ih~ Im:ation of an accessory swir~- mingpool, above ground ~ built, in a yard area other than the required rear yard, at premises known as 5655 Indian Neck Road, Peconic, N.Y.; County Tax Map parcel No. 1000-86- 6-I4. (Setback from property lines, when located in a yard area other than a rear yard, shall he determined by the B~rd of Appeals.) 2. 7:40 p.m. AppL No. 4289 -- WILLIAM and VERA SMITH. Request for a Variance under Article IliA, Section 100-30A.3 based upon the October 28, 1994 Notice of Dis- approval issued by the Building In- spector, for permission to construct addition to existing building which will have an insufficient from yard set- back. Location of Property: 980 Bayview Avenue, Mattituck, N.Y.; Counly Tax Map Parcel No. 1000- 106-10-17. 3. 7:40 p.m. Appl. No. 4290 -- WAREX TERMINALS CORP. Request for a Variance under Article X, Section 100-10lC, ref. 100-33, for permission to locate a canopy structure over existing gasoline pumps in an area other than the rear yard. Location of Properly: 9945 Main Road, Mattituck, N.Y.; County Tax Map Parcel No. 1000-142-1-27. 4. 7:45 p.m. AppL No. 4287 -- NORTH FORK BEACH CON- DOMINIUMS. (Ca~yover from eember 7, 1994). Request to install swimmingpool at 52325 C.R. 48, Southo!d, N.Y.; 1000-135.1-1-43. 5. 7:50 p.m. Appl. No. 4286 -- JOEL and MARGARET LAUBER (COREY CREEK VINEYARDS). (Can'yover from Decemhar 7, 1994). Request for Special Exception to estab- lish Winery Use for the sale of wine produced from grapes grown on the existing Vineyard where the proposed Winery is to be located. Location of Properly: Consisting of a minimum of ten (10) acres of land referred to as 45470 Main Road, Southold, N.Y.; County Tax Map No. 1000-75-6-9.7 and 9.6. 6. 8:00 p.m. Appl. No. 4293 -- · EDWARD J. MUNSON. Request for Variance under Article ILIA, Section 100-30A.3 based upon the December 7, 1994 Notice of Disapproval issued by the Building Inspector for permis- sion to cons~uct addition to dwelling which will have an insufficient side- yard setback at less than the required 15 feet, and total side yards at less than the required 25 feet. Location of Property: 1545 Oaklawn Avenue, Southold, N,Y.; County Tax Map parcel No. 1000-70-3-5. Containing 10,400 sq. ft. of land area. 7.8:05 p.m. Appl. No. 4292 --JAY and MARY THOMSON. Request for a Variance under Article HIA, Section 100-30A.3 based upon the November 30, 1994 Notice of Disapproval issued by the Building Inspector for permis- sion to construct addition to existing dwelling which will exceed the maxi- mum lot coverage limitations. Location of Property: 695 Bayshore Road, Greenport, N.Y.; County Tax Map Parcel No. 1000-53-6-14. 8. 8:10 p.m. AppL No. 4291. JAMES M. and ELAINE O'KEEFe. Request for a Special Exception under Artcle lllA, Section 100-30B to estab- lish Bed and Breakfast use as an acces- sory incidental to the applicant's sin- gle-family residence and ownership of dwelling located at 54300 C.R. 48, Southold, N.Y.; County Tax Map Parcel No. 1000-52-3-1. Zone District: R-40 Low-Density Residential. 9-11. 8:15 p.m. Application for Variances ~quested by WILLIAM F. GASSER concerning his property known and referred to as the American Armoured Tank Museum, 640 Love Lane and the south side of County Route 48, Mattituck, N.Y.; County Tax Map Parcel No. 1000-140-2-16 located in the Hamlet Business Zone District, which requests are noted as follows: (9) Appl. No. 4260 -- Request for Variance under Article IX, Section 100-91C(1) based upon the July 12, 1994 Notic~ of Disapproval issued by the Building Inspector for the place- ment of accessory tower structure which is n~quired to he located in a rear yard with a setback as per Section 100- 33B(2) at five feet from the property line; (10) Appl. No. 4261 -- Request for variance under Article XXIII, Section 100-231A based upon the July 12, 1994 Notice of Disapproval for the height of the fence which excess the r~quired height limitation; (11) AppL No. 4262 -- Request for Variance under Article IX, Section 100-93 based upon the Suly 12, 1994 Nolice of Disapproval for the outaid~ storage or display which is not permit- ted in this Hamlet-Business Zone The Board of Appeals will at said time and place hear any and all person~ or representatives desiring to he heart in the above matters. Written com- ments may also he submitted prior to the conclusion of ~he subject heating. Each heating will not start before the times designated above. If you wish to review any of the above files or would like to request more infor[darion, please do nol hesitate to call 765-1809 or visit our office. Dated: December 16, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Liada Kowalski 8185-1TD22 STAT COU~ in sal PHnc News South and - pHnt~ News CH N~B~ Quail Commission Sworr day o~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 December 20, 1994 Mr. and Mrs. Jack Gismondi 5655 Indian Neck lane Peconic, NY 11958 Re: Appeal No. 4288 - Variance for Pool Location, as Built Dear Mr. and Mrs. Gismondi: Please find enclosed a copy of the Legal Notice published by our office in the Long Island Traveler-Watchman, Inc. and Suffolk Times newspapers, which shows that the hearing is being hold on Wednesday, January 4, 1995 at the $outhold Town Itall at the time noted therein. Also, you will find enclosed a Poster Notice which must be placed either on a stake and located in the front yard (road side) of your property, or placed on the front of your dwelling or other front yard structure where it can be easily seen by the traveling public from the road. The poster must be conspicuously located at this time since the Beard Members are planrdng to visit your within the next several days. Please complete the attached Confirmation of Posting, sign, and return it to our office for our update and permanent file. Very truly yours, Linda Kowalski, Clerk Board of Appeals Enclosures BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of JACK AND CHRIS GISMONDI CONFIRlg~kTION OF POSTING I, , residing at and, being duly sworn, depose and say: That on the day of December, 1994, I personally posted the property known as "5655 Indian Neck Road, Peconic, NY" by placing the Town's official poster notice on facing the road side of the property, and that the poster has remained in place at least seven days prior to the date of the first public hearing. Dated: December , 1994. (signature) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: RE: DATED: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, SOUTHOLD TOWN CLERK ZONING APPEAL NO. 1~288 - JACK AND CHRIS GISMONDI NOVEMBER 28. 199# Transmitted is application for a variance from JACK AND CHRIS GISMONDI,together with Building Department Notice of Disapproval, Application for Building Permit, map indicating the project, survey map showing the property location, copy of Southold Town Property Record Card, Notice to adjacent property owners, Z.B.A. Questionnaire, and, also, a letter from Jack Grimondi. £Y OF ~ER T Y ECONIC SOUTHOLD N.Y. ;OUNTY, ; - 06 - 1" = 40' 71, 1990 14 gO~p CERTIFIED TO: SECURITY TITLE & GUARANTEE COMPANY JACK J. GISMONDI CHRISTINE GISMONDI the minimum ea tabliehe d and adopted ~ State Land OR$, P.C. Page 6 - Legal Notice Southold Town Board of Appeals Public Hearings for January 4, 1995 Mailing List for Legal Notice Hearings for January 4, 1995 Copies of the Legal Notice furnished to the following 12/20/94: Mr. Edward J. Munson, 1545 Oaklawn Avenue, Southold Mr. and Mrs. William F. Gasser, 2383 Fifth Ave, Ronkonkoma 11779 Ongioni & Borelli, 218 Front St., Greenport 11944 Mr. and Mrs. Jay Thomson, 695 Bayshore Road, Greenport 11944 Mr. and Mrs. James M. O'Keefe, 54300 CR 48, Southold 11971 Mr. and Mrs. William A. Smith, 980 Bayview Ave, Mattituck 11952 Paul Caminiti, Esq., Main Rd, Southold 11971 (Re: NF Beach Condos) Mr. Louis DeRonde, 16 Victoria Dr, Amityville 11701 (Re: Warex Terminations Corp. ) Mr. and Mrs. Jack Gismondi, 5655 Indian Neck lane, Peconic 11958 Mr. and Mrs. Joel Lauber, Box 921, Southold, NY 11971, Re: Corey Creek Vineyards Mr. and Mrs. Joseph Fristachi, 6 Adrienne Court, Farmingdale, NY 11735 (Opp. Re: Lauber) Posted on Town Clerk Bulletin Board on 12/20/94 Copies to Board Member Boxes together with copies of files 12120 Copy to Town Clerk for distribution to TB on 12/20/94 Copies to official newspaper(s) on 12/19/94 by fax transmission Copy to Building Department on 12/20 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, .Ir. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Appeal No. 4288 Project/Applicants: County Tax Map No. Location of Project: Nov. 28, 1994 S.E.Q.R.A. TYPE II ACTION DECLARATION Road, Peconic, NY Jack Gismondi 1000- 86-6-14 5655 Indian Neck Relief Requested/Jurisdiction Before This Board in this Project: Swimmin§p001, as exists, in the front yard asea 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 Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate ~in,t~ of ,his p.operty and i. thi..se dj.trier bee=.e ~- 9~le ~e o ~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~1'~ '( /.~"~" / ~-. (J ~,~' J STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this ........ ~.~....~,.,,~..~:;~ .................... day of ............ LIHDA J. COOPER t~lnt~ry F'[-'b!ic, State of New YoI~ i'{o 4822563. Suffolk County 'E~rn ~xp res December 31, 19 RECEIVED NOV :) & 1994 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR ~ 'fawn Clerk APPr~kL NO. ZTL~r, TO THE ZONING BOARD CF APPEALS, TOWN OF SOUTHOLD, N. Y. ,. ,we, .... Name of Appellant Street and Number ........ ~e.~.~c_ ..................................................... %'~"'~i;; .......... .EREBY APPEL To Municipotity THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO of Name of Applicant for permit Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY . '. 1, LOCATION OF THE PROPERTY .......................... .~/. .................... ...~......-....1.~.~.~... Street /Hamlet / Use District on ~'oning Map District 1000 Section ~-~ j~L°t Block /~ .~ . ............... ,..~..~urre.~ 0~.e~` Mop No. ' Lot No. f~rl iOOO ~,t.{ Prior Owner. 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'~.J.-. Section IOO - '~O ~ \ 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) ~ A VARIANCE to the Z~ning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cans. Laws Art, 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has)(?as not, been made with respect to this decision Of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ~ ) request for o variance (md was made in Appea! No ................................. Doted ............................., ........................................ REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,'aquas,ed far,he reason ,:hat 'S UOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southnld TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~ intention of the undersigned to petition the Board of Appeals of the Town of Southnld to request a ~Special Exception) (Special Permit) (Other) [circle choicel ~ ). 2. That the pr<~pert,y which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ~ ~ ~JL~ S.,-~,,.~ ',"~.C% .'~._ ~ ~-.~, ~ ~'V'~_,~ _,~_~ ~'"3~ ~ 3. That the property which is the subject of such Petition is located in the followi~/ng district: l~l That_ b'~ such Petitioo, the unders, igned will ' ~1 request tire following relief'~/j~, d,.~ ~ ~ 5. That the prov.~i.~u;~ of the Southold Town ZoningSode applicable to the relief sought by the'under- signed are Article ~ Section .;/'~ .~/5 ~:~ -- / ' . [ ] Sectiorr"280:A. New Yor~ Town La~ for approval of access over righ:(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above wilt be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine.the same durin§ regular office hours. (516) 7~5-1809. 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 Traveter-Mattituck Watchman, newspapers published in the Town of Southo!d 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: (//Z::~)~/!~:~7¢ Petitioner 0~ne~s' Names Post Office Tel. No. L~ [Copy of sketch or purposes.] plan showing propcsal to Z ~4~ 068 1~4 .~ Rec_e.!p~l~..r Certi~d ~ail No Insurance Coverage Provided Do not use for International Mail ~ Reverse) ~2 PROOF OF MAILING OF NOTICF H CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~c~v~c ~ ~ % L~ ~ , being duly sworn, deposes and say~ that on the,~ day of fl/l~d~ r~q ~ . 19c~ ~( , 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 addresse~ of said persons as shown on the current assessment roll of the Town-~f Southold; that said Notices were mailed at the United States Post Of- ~_~'~["~C~ ..~ L tc~--~ ;that said Notices were mailed to each'of said per~bns by ~(registered) m~ail. (This side does not have to be property owners.) completed on form transmitted to adjoining QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the s~bject premises and a description of their interests: ~ (Separate~heet may be attached.) B. Is the subject premises listed on the real es=ate market ~or ~ ~a~e. or being shown to prospective buyers? { } Yes {~} No. (If Yes, p]o~e a~e~-h C~Dl~/ ~f "cond/~m~s" of sale.} C. Are there a~ ~upe~als to =hange~ al~er land cun~cL=~? { } Yes ~} No D. 1. Are there any areas which contain wetland grasses? ~ 2. Are the wetland areas shown on the map submitted with this application? ~ 3. Is the property bulkhea~ed between the wetlands area and the upland building area? .~b% 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? ~ E. Is there a depression or sloping elevation near the area of proposed cpnstruction at or below five feet above mean sea level? ~!~ (If not applicable, state "N.A."] F. Are there any patios, concrete barriers, bulkheads or fences which e~t and are not shown ~n the survey map that you ara submitting? ~ If none exist, please state "none." G. Do you have any constructig~ taking place at this time concerning your premises? /(pU If yes, please submit.a copy of your building permit and' map as approved by the Building Department. If none, please state. H. Do you or any co-owner alsd own other land close to this parcel? ~ If yes, please explain where or submit copies of deeds. I. Please lis% present use or operations conducted parcel ~f~.~..~ at ~his proposed ~'~- --/~ ~// /9~- and fi~E~I ~ig~a~u~e and Date [ - 3/87, 10/901k § 97-1~ WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L..No. 6-1984] ~'TETLA~N-DS [Amended 8-26-76 by L.L. ,.No. 2-1976; 3-26- A. ~iDAL WETLANDS: (I) All lands generally covered or intermittently cov- ered with. or which border on. tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but net limited to banks. bogs. salt marsh, swamps, meadows, fiats or other Iow lying lands subject to tidal action; (2) All banks, bogs. meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay. black grass, saltworts, sea lavender, tall cordgrass, high bush. cattails, greundseL maxshm~ll,~w and Iow (3) All ~--d immediately ndjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landxvard edge of such a tidal wetland. 'B. FRESHWATER WETLANDS: (I) "Freshwater wetlands" as defined in Article 24. Ti- tle 1. § 2,l-0107. Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the State of Nexv York: and (2) All Iand immediately adjacent to a "freshwater wet- land.~ as defined in Subsection B(1) and lyin~ with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater w~tland." 9705 z.~s.s~