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Home My WebLink About4205 APPEALS BOARD MEMRERS Gerard P. Gcehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4205. Upon application of SALVATORE VINDIGNI. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct addition whichwill exceed the 20% lot coverage limitation. Location of Property: 1440 Gillette Drive, East Marion, NY; County Tax Map District 1000, Section 38, Block 2, Lot 15; also referred to as Lot No. 19 on the Map of Marion Manor filed March 18, 1953 in the Suffolk County Clerk's Office. This property is located in the R~40 Low-Density Residential Zone District and has a total lot area of 10,000 sq. ft. WHEREAS, a public hearing was held and concluded on December 8, 1993; 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. This application is for a variance from the lot coverage requirements of the zoning code limitation at twenty (20%) percent of the total lot area. 2. Proposed in this project is a fully enclosed addition of 410 square feet, dimensions for which are 12 feet deep by 31 feet long, exclusive of step area which may be permitted as per Section 100-230C. 3. The Board finds: ~ (a) the circumstances are unique t6~the~property' which is due to its size of 10,000 square feet, as approved by the Southold Town Planning Board, (ref: Map of Marion Manor, Lot No~ 19); Page 2 - Appl. No.~-05 Matter of SALVATOREIWNDIGNI Decision Rendered December 8, 1993 (b) the relief requested is ~ relation to the other properties in the requested is 410 square feet over the ex square feet, area; Town Clerk, Town of Southold ot sub~L=ntial in area; the increase isti~,~ ~uv=£~g~ of 2,090 for a total of 2500 square feet, exclusive'of step (c) the relief, as requested, will not alter the essential character and is found to be in harmony with the intent of zoning, and complying with all other zoning regulations; (d) there is no other method feasible for appellants to pursue other than a variance; (e) the benefit, when weighed, applicant and is the minimum necessary; is greater to (f) the relief requested will not create an undesirable change in the character of the neighborhood or a detriment to nearby properties by the grant of the variance since the addition is in line with the established rear yard setback of the existing dwelling; (g) the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district since there are no sensitive wetland areas in close proximity and there is no plan to increase use density on this property; (h) in view of all the above factors, the interests of justice will be served by granting the relief requested for an additional 410 square feet, plus if necessary a step area of up to 60 sq. ft. Accordingly', on motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED to GRANT the variance for a fully enclosed 410 sq. ft. addition to dwelling (for living area or porch area as may be needed) under Appeal No. 4205. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Doyen, Villa and Wilton. This resolution was duly adopted. lk APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY 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, DECEMBER 8, 1993 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4202 - ROBERT AND JACQUELYN OBERLIN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 <100-33> for approval of an existing accessory utility storage shed which is located in the southerly front yard area. The subject premises is not a corner lot but fronts along two streets. This property technically does not have an established "rear yard" defined by the code. Location of Property: 805 Oak Avenue, Goose Bay Estates, Southold, NY; County Tax Map District 1000, Section 77, Block 2, Lot 20.1. The subject premises is located in the R-40 Zone and contains an area of 19,200+- square feet. Page 2 - Notice o arings Southold Town Board of Appeals Regular Meeting of December 8, 1993 2. 7:35 p.m. Appl. No. 4205 - SALVATORE VINDIGNI. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct addition which will exceed the 20% lot coverage limitation. Location of Property: 1440 Gillette Drive, East Marion, NY; County Tax Map District 1000, Section 38, Block 2, Lot 15; also referred to as Lot No. 19 on the Map of Marion Manor filed March 18, 1953 in the Suffolk County Clerk's Office. This property is located in the R-40 Low-Density Residential Zone District and has a total lot area of 10,000 sq. ft. 3. 7:40 p.m. Appl. No. 4203 - ROBERT E. BIDWELL. Application for Special Exception under Article III, Section 100-31B-13 of the Zoning Ordinance, for approval of winery uses in existing building and proposed building. The site plan shows that the property is situated along the south side of C.R. 48, Cutchogue, NY, is zoned A-C Agricultural-conservation and is identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 4, Lot 4.3. 4. 7:50 p.m. Appl. No. 4204 ~ JOHN CROKOS. Variance to the Zoning Ordinance, Article XXIII-, Section 100-239.4A(1) for permission to locate pool and related structures within 100 feet of the top of the bluff along the Long Island Sound. Location Page 3 - Notice of rings Southold Town Board of Appeals Regular Meeting of December 8, 1993 of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. 1000-14-2-3.11. 5. 8:00 p.m. Appl. No. 4195 - PETROL STATIONS LTD. (Carryover to continue hearing and/or updates.) 6. 8:00 p.m. Appl. No. 4199 - PETER PSYLLOS. to continue hearing and/or updates). (Carryover 7. 8:05 p.m. Appl. No. 4206 - GARY AND CAROL FISH. Special Exception as provided by Article IIIA, Section 100-30A.2B for permission to establish Accessory Apartment use in conjunction with owner's residency in this existing principal building presently occupied as a dwelling with garage. Location of Property: 955 Deep Hole Drive, Mattituck, NY; County Tax Map Parcel No. 1000, Section 115, Block 13, Lot 9. This property contains a lot area of approximately 15,000 sq. ft. and is located in the R-40 Residential Zone District. The Board 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 the files or need to request more information, please call 765-1809 or visit our office. Dated: November 17, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE. SOUTItOLD, N~Y. NOTICE OF DISAPPROVAL Date .~/..~. ................... , 19 ~.~.. PLEASE TAKE NOTICE t.hat your application dated ff//~5"" - ._ ..... :.~ y~ ................... ,~...---<. ...... ,~..-v,~:..-- .... "":~- -°-~-O~-~/Z'.. ~ .~.. ~'./-Z.,:F-,,F_~.'.~.~... at Location of Property /'e/e/O /"~'7~. '.~t"/..~/ '7~. er'. ~.~_~,ff~ ' , Counw Tax Map No. I000 Section ..... ~ .... Block ...... ~ ..... Lot . .d~ ....... Subdivision ................. FHed Map No ................. Lot No .................. ls returned herewith and disapproved on the following *rounds ~ ~ ~. o ,,.~..~._._,..,,, .~. ~-~~ ..... ~.,~~ .......................... .............. .... .... / ~ldzng Inspector RV 1/80 E.,an,in .......... , FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.; 765-180;2 Approved ................. 19... Permit No~ ............ 3 S~TS OV~..qLXas "---" SURVEy S~TIC FORH ........... NOT i ~¥ HAIL (Building Inspcctor) APPLICATION FOR BUILDING PERMIT .. INSTRU~'TIoN$ a. This apl~licati°n must be comPletely filled in by typewriter or in ink and submitted to the Building inspector, with sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of bfiildings on premises, relationship to adjoining premises or public sti'ec or areas, and giving a detailed description of layout of property mu~t be drawn on the diagram which is part of this app cation. ~ ¢. The work covered by this 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 perm !jhall 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 Occupant shall have been granted bY the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department roi- the issuance of a Building Permit pursuant to Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances c Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein deseribec The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and t admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant, or name, if a corporat (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, generai ·contractor, electrician, plumber or builder (as on the tax roll or latest deed) ' If applicant is a corporationl signature of duly authorized officer.' ; (Name and title of corporate officer) ·/s'- 7 7 -//7- ..... Builder's License No ........... f.. ~. ~.. Plumber's License No ....... · ........ . ......... : Electrician's License No ....................... Otlier T ' · fade s Lmense No.. I. Location of land on which proposed work will be done ................. ' /qqo' '" G// He .O,,' .................... ........................... i ' ~azq · House Number Street Hamlet County Tax Map No.' 1000 Section :. 0..~ ~ .......... n ock.. O,-z- · Lot. ........... Subdivision ..................... ' ....... J ..... '. Filed Map No. (Name) Lot ~' State .' · , , . . -. exlstulg use arid oecup.mcy of prermses and intended use and occupancy of proposed 2onstruction: . ' ~/7 ........... '/'-. ............. --. · ·., ......................... b. Intended use and occu anc ~ $ ~2.,~'~ ~ ' ' ' '. i ......... ~. . ~. 'p y ,' ..,, · '3. ur.~e of work (check wh~c licable): New Bui/din · 2 ........ i . .'...t~..... Alteration .... pmr .............. Removal ............ Demolition .... : ....... Other Work .......... 4. Estimated Cost ....... ~'o C'~(.3 (..~' · ' (Description (to be paid on filing this application) 5. If dwelling, number of dwelling uuits ..... ' ......... Number of dwelling units on cach floor.. . 6. If business, commercial or mixed occupancy, specify natt re and extent · . ] i ' 7. Dnnensmns ol emstmg structures, if any' Front A:~O, ,, of cac~h ty, pc of use ... ~ ............. lleight -' ............... ~zcar o? ..... Deoth 4'/0 ' .... . Number of Stories . ~.. ..... - ........... Dimensions ofshme structure with Depth . . ,~.~, alterations or additions: Front .... ..0~'..~.: ........Rear ...,q.o ' . Dimensions ofentircl J~ ''i'~.'" .................... tteight ....... i...' ........ Number of Stories ........ 8. ~,¢ ... w construction. Front 3 z' · Height . //,~ N .... '~ . '>5 ............ Rear .... ~.,C ...... Depth ..1.o~. ~. S,zeo£1ot }'font. ~.,~..~.. ............. Rear..:../.w.~. ............ Depth .... ,e'..~.tO .... . '. 10. Date of Purchase .......... . ......... Name of Former Owner ........... 2 .......... ' ..... 1 1. Zone or Use district in which premises are situated ......... · . 12. Does proposed Construction violate any zoning law, ordinance or regulation: ......... 13. Will lot be regraded .,O~ 14. Name of Owner of r;~n' ' ': ~",~' ' ' ~ .... ' .....: .... Will exc.tess fill be removed from premises: Yes ' ·. . .... p ises .../.../.od4~.ot Address .~.///e/~ ~£t .~'t'~t';'~q~hon 4z,r7 rqame OlArcnitect , ~, '. ''' - .............. e No .... N ............ ~ ........ ' ....: Address · . . ' ....... amc of Contractor t~.~4 ~ /,/~t//$ z. . .. ; -.- :! · ._.: · ... ...... Phone No ........ .............. -w.-~,c.~- ..... AaClress U/OIL: ~ t' · '" ' "' ' ' 15.' I.s this property within 300 feet o¢ - ~-' ..... · -.-..~.~d,.b.F..~..<-. Phpne No..7.~.~.2~. f.&~.,5- · ~ yeS, DOUt~O/d Town Trustees Permit may be requi~[''"'' mo.~ ...... .... PLOT DIAGRAM Locate clearly and distinctly all buildings, x. vbether existing or proposed, and. indicate all set back dim,--~;,, property lines. Give street and block number or oesenption according to deed, and show street names and indicate whL~,,the interior or corner lot. STATE OF L&._ . s.s .. o. c 4'. ....... (Name of individual signing contract) above named. being duly sworn, deposes and says that he is the applicant !lc is the . .,.... ....... : ............. ~rl ........................... agent, cor'porate officer, etc.) ..... ' .............. ~f said Owner or OWners, and is duly adthorized to perform or bare performed the said work and to make and file this pplication: that all statements contained in this application are true to the best of his knowledge and belief; and that the · ~.'ork will be performed in the manner set forth in thc applicatinn filed therewith. ' .worn to before me this No. 487950~ ~ ~ . Ouafifled in Suffolk County c~/_...,C/ (Signature ~of app.licant ) REC~ VED 9: o.S NOV 1 ? 1993 TOWN OF SOUTHOLD, NEW '¢~"~old Town Clerk APPEAL FROM DECISION OF BUILDING INSPECTOR ........ APPEAL NO. DATE ......................... .... . TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant ........ g~;'~"'~["~t~;'l~ .......................... ................................ !;D.~ ............................................................... HEREBY APPF-AL 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 PeAmit Street ............................... and Number M icP W'"'un"i"ali'" ........... 'T'"~; ....................... () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERW ................. : ...... ,;.....j~.V~..,.~....o...,~a....~..i... ,.- Street /uam/e~ / Use District on Zoning Map District lO00 Section~,B]ock~ Lot l~, Current ~ner ~u~m~ ~op ~o. Lot ~o. 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]T)~_ A section /OD ' ,,,~o ~ ~ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate bOx) (X~ A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) .A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. LaWs Art. ~6 Sec. 280A Subsection 3 () 4.. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision Of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit [ ) request for a variance and was made in Appeal No ............... ~ ................. Dated .................. ~ .......... , ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 IX~) ^ Variance to the Zoning Ordinance ( ) is requested for the reason that --~ e.~ l%rm ZB1 (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because ~h~ a ~o 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OFTHE D]biKl~because ~ ~c~o5~ o~ ~ ~ ~ STATE OF NEW YORK )-~ s,,,o,, fo ............................................. day o,........~.~>W~ .................. :~o~.~ Notary Public HELENE D. HORNE Notary Public, State of New York No. 4951364 Qualified in Suffolk County Commission Expires May 22, TOWN~ OF SOUTHOLD · PROPERTY RECORD CARD:~.: STREET VI LLAGE SUB. OWNER FORMER OWNER N E ACR. W TYPE OF BUILDING . RES. SEAS. VL. FARM CO 'M~. CB. MICS. Mkt. Value ..... LAND .IMP. .TOTAL DATE REMARKS .I AGE NEW NORMAL BUILDING CONDITION BELOV¢ ABOVE FARM Tillable Wocdland Meadowland House P~ot -. I'otal Acre Value Per Acre Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH .. '- BULKHEAD DOCK L I i! ~ ~n.-~ Interior Finish ~:~.~. ~tension., Fire Place Heat Po~h Roo~ 1st Flor .~.~..~: ]reezew~ Patio R~ms 2nd Floor N OF $OUTHI ' FORMER OWNER N S RES./' SEAS. I VL. FARM LAND IMP. TOTAL DATE 'TYPE OF BUILDING //~._~AGE NEW Farm NORMAL Acre REMARKS FRONTAGE ON WATER FRONTAGE ON ROAD Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot JILDING CON~)ITI~ BELOW Value P~r Acre ABOVE Value BULKHEAD DOCK Total RoAD LOT 20 '~' N. ~4°51'10#~. I00. 00' ~ A REA: ~ I0, 000 S.~ I'10"~ ~ I00. 00' (o.~ ~c) e, LOT 18 ~AP OF LOT I9 ~RION MANOR TOWN OF SOUTHOLD SUFFOLK CO., Al. Y C~tqTI~I~D TO: !1 sealand ~ /~:':~ :~c~ ,~ II ~o west ma,n street ~c:~t riverhead, new york It~01 JDS APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serg~ Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD December 14, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 F~x (516) 765-1823 Telephone (516) 765-1800 Mr. Salvatore Vindigni P.O. Box 304 1440 Gillette Drive East Marion, NY 11939-0304 Re: Appl. No. 4205 - Lot Coverage Variance for Addition Dear Mr. Vindigni: Attached please find a copy of the Board's Findings and Determination concerning your recent variance application. Please be sure to return to the Building Department to obtain your necessary building permit (and other approvals which may be applicable) before commencing construction activities. We have this date provided the Building Department with a copy of this determination for their permanent recordkeeping. We wish you and your family a happy, healthy Holiday Season. Very truly yours, Enclosure cc: Building Department Linda Kowalski ~Ioseph Cherepowich 6500 Main Road P.O.Box 103 East Marion.NY. 11939 November 24.1993 Town Of Southold Main Road Southold.N.Y. 11971 Gentlemen: Attn:Board of Appeals Re:Sal Vindigni-Variance Please be advised that as the rear adjacent property owner to Sal Vindigni, we have no objection to his proposed construction. This enhancement to the property will add to the already excellently maintained property and is certainly an asset to the community. cc:S Vindigni Very truly yours, .. · ~l~.-~ CherepoW~ch APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 November 18, 1993 Mr. Salvatore Vindigni . 1440 Gillette Drive, Box 304 East Marion, NY 11939-0304 Re: Appl. No. 4205 - Lot Coverage Variance Dear Mr. Vindigni: We are in receipt of your application requesting a variance for the proposed porch addition which will exceed the lot coverage limitation. Copies have been distributed to the Board Members for additional review and inspection, and the application has been calendared for the December 8, 1993 Regular Meeting. A copy of the Legal Notice is attached for your records. Please have someone appear in behalf of the applicants at the time specified. This public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available if needed. If your presentation is lengthy, a draft or final written copy is always appreciated, and additional time will be available for your presentation, if needed. Documentation may be added to the Town file to support this application either before or during the public hearing. Please note that amendments for other relief are permitted only by separate application, if deemed necessary by you. The attached Legal Notice describes only the request being made in the application as filed. If you have any questions or wish to update your file prior to the hearing date, please feel free to contact our office. Yours very truly, Linda Kowalski Clerk, Board of Appeals Enclosure Present: BOARD OF ZONING APPEALS TOWN OF SOUTHOLD December 8, 1993 HON. (7:30 p.m. Hearings Commenced) GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member CLAIRE GLEW, Board Asst. pro tem Page 2 - ~ranscript o~ Hearings Southold Town Board of Appeals Wednesday, December 8, 1993 APPL. NO. 4202 4205 4203 4204 4195 4199 4206 INDEX Applicant ROBERT AND JACQUELYN OBERLIN SALVATORE VINDIGNI. ROBERT E. BIDWELL JOHN CROKOS PETROL STATIONS LTD. PETER PSYLLOS GARY AND CAROL FISH Pages 3-5 6-9 10-25 28-32 33 33A-42 43-46 Page 6 - Transcript of Hearings Southold Town Board of Appeals Wednesday, December 8, 1993 APPLICATION NO. 4205 - SALVATORE VINDIGNI. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to consttruct addition which will exceed the 20% lot coverage limitation. Location of Property: 1440 Gillette Drive, East Marion, NY; County Tax Map District 1000, Section 38, Block 2, Lot 15; also referred to as Lot No. 19 on the Map of Marion Manor filed March 18, 1953 in the Suffolk County Clerk's Office. This property is located in the R-40 Low-Density Residential Zone District and has a total lot area of 10,000 sq. ft. 7:35 p.m. (The Chairman opened the hearing and read the legal notice and application for the record.) THE CHAIRMAN: We have a copy of a survey produced by Sea-Land Engineers dated May 15, 1986, indicating the two-story structure with a two-car garage attached. It is not a structure, it is a dwelling. The nature of this construction is penned in, which is an area in the rear of the dwelling and squaring off, and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties there somebody who would like to be heard? to state your name for the record? Appearance: Matthew Hallock, in the area. Is Could I just ask you Contractor, for the Applicant. Page 7 Tran~ of Hearings Southold Town Board of Appeals Wednesday, December 8, 1993 MR. HALLOCK: My name is Matthew Hallock, and I will be the contractor if the job is approved. THE CHAIRMAN: Okay. The nature of the construction is what? Is it going to be a complete addition? Because one of the members came back and said that a portion of it is going to be a deck area, and then it will be partially'enclosed. MR. HALLOCK: Yeah, we have a roofed-over area that is proposed with screens. The screens have not been decided upon as to whether or not they will be installed at the time of the project, and one thing else that we did not mention on it that we would like to ask for --is the possibility of closing that whole area in with windows at some time in the future if they so decide to do that. THE CHAIRMAN: So, in other words, it is going to be a total addition? There is no portion of it that maybe for a little or a short period of time-- MR. HALLOCK (interposing): That area will be covered with deck initially, and the roofed-over structure will be put on with posts. That would be the definite initial step; and, as of now, the screens would be put in. That would be the most likely plan for now, as far as filling in between the posts; and in the future, there would be a possible-- They would like to have approval for the possibility to put in solid panels if they decided tu close it in completsly. Page 8 - Transcript of Hearings Southold Town Board of Appeals Wednesday, December 8, 1993 THE CHAIRMAN: Okay, it is an addition to the building anyway. Unless it was strictly a deck, we would say that that was the situation. We would ask for it not to be roofed; but you are asking for something that is going to be roofed anyway, or a portion of it. So we are really asking for an addition, no matter how you slice it. Okay, does anybody have any questions of this gentleman, Bob? MEMBER VILLA: Out of curiosity, I am trying to put it together in my mind -- The proposed new deck, that is going to be between the existing house that sticks out, and this new piece that is going to be screened in -- MR. HALLOCK: The deck will go underneath that new area as well. There is nothing there. MEMBER VILLA: It is going to be wood deck? MR. HALLOCK: That's right. As of now, that is a wood deck that will go there, all 31 feet, I believe. THE CHAIRMAN: 12 by 317 MR. HALLOCK: That would be the first step. And then that roof would be built on top of the deck. MEMBER VILLA: the wintertime? MR. HALLOCK: So you never really heat they would have to do steps to close up cracks that type of thing. it that way in That is why I They may move to close in later on, and in the floor and say initially it is Page 9 - Transcript of Hearings Southold Town Board of Appeals Wednesday, December 8, 1993 --screening is even a question at the time but most likely at the completion of the job screens will be installed. MEMBER VILLA: I have no other questions. THE CHAIRMAN: Thank you very much, sir. Is there anybody else who would like to speak in favor? (There was no response.) THE CHAIRMAN: Anybody who would (There was no response.) THE CHAIRMAN: Hearing no further questions, we will talk about this. You are welcome to stay here; I don't expect it to be a late evening. I just don't know how the Board members feel about it, so we will close the hearing and reserve decision until sometime in the future, which is about an hour from now, hopefully. May I have a second on that resolution? MEMBER VILLA: Second. (Carried; see Clerk's Minutes.) like to speak against? Copies of the 12/8 Legal Notice to the following on 11/19: Susan Zach, Esq. (re: Oberlin) Mr. Salvatore Vindigni Mr. Robert T. Bayley (hand pick-up 11/19) Mr. John Sandgren (re: Crokos) J. Kevin McLaughlin, Esq. (re: Petrol Stations) Richard F. Lark, Esq. Rudolph H. Bruer, Esq. (re: Psyllos) Mr. and Mrs. Warren Brady Mr. Gary Fish Board Members L.I. Traveler - by mailed 11/18 Suffolk Times (courtesy copy 11/18 by mail) Newsday (courtesy copy 11/18) Town Clerk Bulletin Board posted 11/18/93 Individual Files - 11/19/93 NC~TICE OF PUBLIC IIEARINGS NOTICE IS HEREBYI GIVEN, pursuant to Section[ 267 of the Town Law and the Code or,the Town ofI South°Id,' ~t ~the followin public hear~gs Will be held the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, S~uthold, New York 11971, on WEDNESDAY, DECEMBER 8, 1993, commencing at the times specified below: L 7'.32 p.m: AppL No. 4202- ROBERT. · AND JAC- QUELYN OBERLIN. Variance to the Zoning Or- dinance, Article ILIA, Section 100-30A.4 (100-33) for ap- proval of an existing accessory utility storage shed which is located in the southerly front yard area. The subject premises is not a comer lot but fronts along two streets. This property technically does not have an established "rear yard" defined by the cod~ Location of Property: 805 Oak Avenue, Goose Bay Estates, Southold, NY; Coun- ty Tax District 1000, Sec- tion 77, Block 2, Lot 20.1. The subject premises is located in the R-40 Zone and contains an area of 19,200± square feet. 2. 7:35 p.m. Appl. No 4205- SALVATO RE VINDIGNI. Variance to the Zoning Or- dinance, Article ILIA, Section 100-30A.3 for permission to construct addition which will exceed the 20% lot coverage limitation. Location of Pro- perry: 1440 Gillette Drive, East Marion, NY; County Tax Map District 1000, Section 38, Block 2, Lot 15; also referred to as Lot No. 19 on the Map of Marion Manor flied March 18, 1953 in the Suffolk Coun- ty Clerk's office. This proper- ty is located in the R-40 Low-- Density Residential Zone District and has a total lot area of 10,000 sq. ft. 3.7:40 p.m. Appl. No. 4203 ROBERT E. BIDWELL Application for Sl~xial Excep- tion under Article IIL Section ~00-51B-13 of the Zoning Or- inance, for approval of nery uses in existing building and proposed building. The site plan shows that the property is situated along the south side of 48, Cutchogue, NY. is zoned A-C Agricultural- Conservation and is identified on the Suffolk County Taxi Maps as District 1000, Section 96, Block 4, Lot 4.3. J 4. 7:50 p.m. Appl. No. 4204- JOHN CROKOS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to locate pool and related structures within 100 feet of the top of the bluff along the Long Island Sound. Location of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. I -~. 8.'~ p.m. Appl. No. 4195[ - PETROL STATIONS LTD. (Carryover to continue hear- lng and/or updates). 6; 8.'00 p.m. Appl. No. 4199- PETER PSYLLOS: (Car- ryover to continue hearingi and/or updates). 7. 8.'05 p.m. Appl. No. 4206 -OARY AND CAROL FISH. Special Exception as provided by Article IliA, Section q- 100-30A.2B for permission to establish Accessory Apart-, r ment use in conjunction With owner's residency in this ex-~ isting principal building presently occupied as a dwell- ing with garage. Location of Property: 955 Deep Hole Drive, Mattituck, NY; Coun- ty ~ Map Parcel No.. 1000, Section 115, Block 13, Lot 9. This property contains a lot[ area of approximately 15,000 sq. ft. and is located in the R-40 Residential Zone District. The Board of Appeals Will at said time and phce hear any and all persons or represen- tatives desiring to be hca.,d in the above matters. Written i comments may also be sub- mitted prior to the conclusion of the subject hearing. Each hearing Will not start before the times designated above. If I you wish to review the files or need to request more informa- tion, please call 765-1809 or visit our office. Dated: November 17, 1993 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski COLIN'FY OF SUFFOLK !,'I'A'I'E OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, o( THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; ,~nd that the notice of which the annexed is a printed copy. has heen .pul~lished in said [.ong Island 'l'ri~veler-Watchmiur once each week for. ............, ............. / weeks successively, commencing on the .......... .,-.~..~'...'~. ..... day of.....~..~..':~'~..."~'.. .... 19 .?.~.. Sworn Io before me this ..................... day of Notary Public BARBARA Am SCHNEIDER NOTARY PUBLIC, State of h'evt York No. 4806346 Qualified in Se{folk County Commission Expires APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 November 17, 1993 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4205 Project/Applicants: County Tax Map No. Location of Project: Salvatore Vindigni 1000- 38-2-15 1440 Gillette Drive, East Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to construct addition whichwill exceed the 20% lot coverage limitation. 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 fi].e for record purposes. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE 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: DATE: RE: Zoning Board of Appeals Office of the Town Clerk November 17, 1993 ZONING APPEAL APPL. NO. 4205 - SALVATORE VINDIGNI Transmitted herewith is Zonig Appeal Appl. No. 4205 - SALVATORE VINDIGNI together with the Notice of Disapproval from the Building Department, a copy of the Survey Map, the Building Permit Application, the Notices of Adjacent Property Owners, a copy of the proposed construction, the Short Environmental Assessment Form, the Zoning Board of Appeals Questionnaire, a copy of the Certificate of Occupancy, and a copy of the drawings of the existing house and the proposed deck. Judith T. Terry Southold Town Clerk 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART I--PROJECT INFORMATION (To be completed by ADIilicant or Project sponsor) E. IS PROPOSED ACTION: (:~ New ~ Ex=ansion [] Mo<ltBcatlonlalteratlo~ 6. DESCRIBE PROJECT BRIEFLY: Initially ~O ~ ~ J Oltlmatel~ J 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? . [] Yes ~J~ NO If No, ;]escribe briefly 9. WHAT IS PR~ENT ~ND USE IN VIClNI~ OF PROJECT? ~ Reslaenti*l ~ Inaustrial ~ ~mmerctal ~ Agriculture ~ Par~ForesUOpen space ~ Other 10, DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? [] YeS ]~ NO It yes, list agency(s) and Dermfl,'ap0rovals · 11. DOES ~NY ~SPECT OF THE AC'~;~,~4 HAVE A CURRENTLY VALID PERMIT OR APPROVAL? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ,p,,,c,,,,,,po,,,o, ' II the action is in the Coa~rstal Area, and you are a state agency, complete tkle j Coastal Assessment Form before proceeding with this assessment OVER I .(Continued on reverse side) The N.Y.S. Environmental Quality R~view Act requires submission of this form, and an environmental review will be made by thls board before any action is taken. ~HORT ENVIRONMENTAL ASSESSMENT I_NSTRUCTION$: (a) In order ~o amswer the questions in this short F2tF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessmen~ 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or ~ual land forTa on the site? .__Yes ~ No 3. Will project alter or have a large effect on a~ existing body of water? 4. Will project have a potentially large impact on groundwater quality? Yes ~No 5. Will project significantly effect drainage flow on adjacent sites? Yes ~No 6. Will project affect any threatened or endangered plant or animal species? Yes ~No 7. Will project result in a major adverse effect on air quality? Yes ~.No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? . Yes ~No 9. Will project adversely impact 'any site or struct-' ute of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? .. Yes ~ No 10. Will project have a m~jor effect on existing or future recreational opportunities? _ Yes ~No 11. Will project result in major traffic problems or cause a major effect ~o existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project,s operation? ~Yes ~ NO 13. Will project have any impact on public health or safety? ___Yes ~No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there public controversy concerning the project? Preparer,s Signature: QUESTIO}~IAIRE 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 subject premises and a description of their interests: (Separate sheet may be attached.} B. Is the subject premises liste~ on the real estate market ~or sale. or being shown to prospective buyers? { } Yes {~ No. (If Yas, pl~s~ a~-h c~PF mf "~ondi~4~ns" of sale.} C. Are there =ny 'p~upcsals to =hange ~ alter { } Yes ~} No D. 1. Are there any areas which contain wetland grasses? ~0 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? 4. If your property contains wetlanGs 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 construction at or below five feet above mean sea .level? D O (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fencas which exist and are not mhuwn on the survey map that you ar~ submitting? .~m~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? D~ 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 also own other land close to this parcel? Do If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel proposed use ~c~ § 97-13 WETLANDS § 9'7-13 TOWN -- The Town of Sour:hold. TRUSTEES -- The Board of Trustees of the To~rn of Southoid. [Added 6-5-84 by L.L. -No. 6-1984] WETLA~DS [Amended 8-26-76 by L.L. No. 2-1976; 3-25- 85 b.vJ,~T_ N~- 6-1985]: ~'~,~- :".', '? ~ A. 5[DAL WETLANDS: (1) Ali 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 tea maximum depth of five (5) feet. including but not limited to banks. bogs. salt marsh, swamps, meadows, flats or other low lying lands subject to tidal actioa; (2) All banks, bogs, meadows, flats 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, grouudsel, nla. rshrn~{low and low (3) All land immediately udjacent to a tidal w~tand as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESH~VATER WETLANDS: (1) "Freshwater wedands" as defined in Article 21. Ti- tle 1. § 2-I-0107, Subdivisions l{a) to l(d) inclusive. of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 z..'s.sm TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No..z..~3.~.q ..... Date ........... .A.u..g .... 2..6 ....... , 19 71 THIS CERTIFI.ES that the building located at ...~.~[.S...G.i.l.l.e..t.t.e..D..r ........ Street Map No. 1.~.a.r.i. 9.n..~a.¢~loek No ........... Lot No..1.? ..... E..ap.t..l?~.~.r.i. pr~ .... 1J~.Y...... conforms substantially to the Application for Building Permit heretofore filed in this office dated ........... .0.c.t... 3.0..., 19. ?.0. pursuant to which Building Permit No.. [.1.6.9.Z.. dated ...... ~ .~i.a.r..16, 19..ZI., was~issued, and conforms't~' all of the?equire- ments of the applicable provisions of the law. The occupancy for which this certificate is The certificate is issued to Salvatcre Vandigni Owner (owner, lessee or tenant) of the aforesaid building. Su~o~k County Department of Health Approval N,R, House 1 ~+0 Building Inspector / 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. JOSEPH H. SAWlCKI JAMES DINIZiO, JR. ACTION OF THE BOARD OF APPEALS // Appl. No. 3837: Application of WAYNE L. MAZZAFERRO for a Variance to the Zoning Ordinance, Article XXIV, Section 100-244, and Article III-A, Section 100-30A.3 for permission for approval of existing swimmingpool with deck areas which will have an insufficient rearyard setback when attached by a raised deck to the rear of the existing dwelling. Lot area of premises is nonconforming at 10,000 sq. ft. in this R-40 Zone District. Location of Property: 1650 Gillette Drive, East Marion, NY; Map~arion,_ Manor, Lot ~17; County Tax Map Parcel No. 1000-38-2~17./~ h~-IEREAS, a public hearing was held and concluded on April 13, 1989 in the Matter of the Application of WAYNE L. MAZZAFERRO under Appeal No. 3837; 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. The premises in question is located along the west side of Gillette Drive in the Hamlet of East Marion, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 038, Block 2, Parcel 17. 2. The subject premises contains a total lot area of 10,000 sq. ft., road frontage of 100.0 feet and lot depth of 100.0 feet, as more particularly shown on the survey map prepared by Roderick VanTuyl, P.C. August 4, 1978. Page 2 - Appeal No. 3837 Matter of WAYNE L. MAZZAFERRO Decision Rendered April 13, 1989 3. The subject parcel is improved with a single-family, 1-1/2-story frame house, and inground swimmingpool with decks and fence enclosure constructed under Building Permit No. 16728Z (issued February 5, 1988). 4. By this application, appellant requests a variance for approval of the construction of step area between the existing pool decks and existing dwelling structure, thereby changing the status of the entire pool construction from accessory to part of the principal structure (see Notice of Disapproval from Building Inspector issued March 3, 1989). 5. This parcel and the immediately surrounding parcels are located in the R-40 Zone District with nonconforming lot areas. 6. For the record it is noted that the subject parcel is known and referred to as Lot No. 17 on the filed Subdivision Map of "Marion Manor," which is and has been included on the list of "exceptions" pertaining to lot size. 7. Article III-A, Section 100-32-A and Column ii of the Bulk Schedule, of the Zoning Code requires a minimum rear yard setback at 50 feet for a principal structure. Accessory structures are permitted under Section 100-33 to be located in the rear yard with a minimum setback from all property lines at not less than three feet. 8. Article XXIV, Section 100-244B permits a rearyard reduction for a principal structure to 35 feet for lots containing less than 20,000 sq. ft. in area, which of course is applicable in this case since this lot contains a lot area of 10,000 sq. ft. and there is no question that the lot has been held in single and separate ownership as required by statute. 9. By Building Permit No. 16728Z, issued February 5, 1988, approval was granted by the Building Department authorizing the construction of steps leading to the pool area, authorizing pool construction and fence enclosure. The diagram submitted on the building permit application does indicate these proposed structures, all detached from the dwelling. All have been constructed and are detached from the dwelling; however, the bottom step, although not physically attached, was built very closely to the raised deck around the pool. This type of construction is not unusual in the Town of Southold. Page 3 - Appeal No. 3837 Matter of WAYNE L. MAZZAFERRO Decision Rendered April 13, 1989 10. It is the opinion of the Board that the difference between an accessory structure and an addition to the principal structure is the separation between the steps and the pool deck areas. The alternative to distinctly separate the two structures is not feasible considering all the above facts and events. 11. In considering this application, the Board also finds and determines: (a) the relief to allow the bottom step to remain as constructed is not unreasonable under the circumstances; (b) the variance requested is uniquely related to the property and the circumstances under the application for the building permit; (c) the variance requested is the minimal necessary to afford relief and is not substantial; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (e) in view of all the above, the interests of justice will be Served by granting the relief, as requested. On motion by Mr. Dinizio, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief requested for construction of steps leading to deck between the rear of the existing dwelling structure and the existing swimmingpool construction, as applied in the Matter of WAYNE L. MAZZAFERRO under Appl. No. 3837. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Sawicki and Dinizio. This resolution was duly adopted. lk GERARD P. GOEHRINGER, C~AIRMAN -13- ~.After investigation and inspection the Board finds the appl~o~ant requests permission to convert non-conforming b into One family dwelling with insufficient side yard area looatedk~aortheast corner of Wiggins & 9th -~treet, Gr, New York. T~ Board finds that while the lot is too sm: it ~ould be a ~dship~to ~ two lots ~Mn one is not used. ~ the fact exists t~t~there is city water, which is a plus. ~] p~ope~ty is on ~ o~d ~p and t~ lots shouE be / T~ Bo~d ~inds t~t strict application of/the 0~din~oe. would pr~uce p~ctical difficulties o~ ~n. e~s~ h~dshi~ , the hardship o~eated ~s ~ique and ~ould not be ~ed-B7 all p~ope~ties ali~ in ~e i~d~te vicinity of this ~t7 ~d in the use dtet~ict; ~d t~ v~i~ce will not · t~ ch~aote~ of t~ nei~bo~ho~ ~d ~lll~ observe ~ of t~ ~din~ce. m motion b7 ~. G~llispie' by ~. Bergen, it RE~OL~ Edw~d ~ ~i~ley Pultz ~ Wigg~s Zt~eet, Greenpo~t, New Yo~k, be G~ED psi as applied fo~ on p~ope~y located no~t~ast ~9~ner Wiggins ~ 9th ~tPeet, Greenpor~, New York, sub; following cond~t~ona~ 1. That the new ~on shall occupy lot which is 7~ ft. x 124 f . westerly line of the new lot ~ shall start at a ; ?_~ feet from the property line, lot No. 28/ .ggins a.treet, and run parallel to the easterly '. to t.h~point of intersection of / 2. A fu~ther/~onsid, tion is tha~there Be no side yard variance/permitted on the new c~struction in the future~ The house may be enla~g$~d over the original ~at on ~ feet on the northan~uth. of the Board: Ayes:- Messrs: Gillis~ie, Bergen, Hulse. PUBLIC HEARING: Appeal No. 1384 - 8:~5 P.M. (E.g.T.), upon application of Salvatore Vindigni, Gillette Drive, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article ~I~, Section 307, for permission to construct addition to existing dwelling with lnsuffficient side yard area. Location of property: west side of Gillette Drive, East Marion, New York, -~ubdivision Map of Marion Manor, Lo~ ~ 19. Fee paid $5.00. The Chairman opened the hearing by reading the application for a variance, legal notice of heaving, affidavit attosting to its publication in the official newspapers, and notice to the applicant. T~E C~AIR~F,~: Is there anyone present who wishes to speak for this application? MR. ~ALVATORE V1WDIGNI: ~_es, I am the owner. THE CHAIRMAN: The proposed addition in on the south side of the house located on Gillette Drive. The lot is one on the approved filed map which is part of the zoning ordinance, which makes it a special case. Ordinarily, the Building Inspector can grant but where the lot frontage is 100 feet, it has to go before this Board. The proposal is to add 10 feet which will reduce the side yard on the south side to 12 feet. You already have a ten foot side yard on the north side of the house. ~. V~DIGNI: It would help a rather personal situation. THE CHA~I~I.~J~: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to construct addition to existing dwelling with insufficient side yard a~ea located west side of Gillette Drive, East Marion, New ~ork. The Board finds that the applicant requires additional space and that this space is permitted under the present zoning ordinance. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use distriotl and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by M~. Hulse, seconded by Mr. Grigonis, it was RE.~.OLVED Salvatore Vindigni, Gillette Drive, East l~ion, New York, be GR~N'£Eu permission to construct addition to existing dwelling with insufficient side yard area located west side of Gillette Drive, East ~rion, New York, subject to the following condition: That the building remain a single family residence. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Gr igon is. j (~) COUNTY OF SUFFOLK JUDITH T. TERRY, TOWN CLERK RECEIPT Town of Southold Southold, New York 11971 J. Phone: 516-765-1801 DATE~ D...,~E C K ~O~g BY: - 0486~9 ! YOU ARE IIEREBY GIVER NOTiCE: PROPERTY OWNER 1. That it is the intention of the undersigned to peritipn the Board of Appeals of thc Town of 5outhold to request a~v,iri3nc~) (Special.~ Exception) (Special Permit) (Other) [ci£cle choice] ). 2. That the prgperty ~,hic;h is the subject of thc P~,.[tio~n is located a~j~cent to your property agd is des- 3. Tbat the property wbkb is the subject of such Petition is located in the following zoning district: 4 ]'bat b,, such Petiti,m, the undersigned w request the following relief' ,-/"/'~r~ · 61:{' ' 5. That the provisions of [he Southold Town .Z,~nin~g Cod~ ap/olicable [o the relief sought by thc under- signedare A~ticle (~' /':t' Section t[].~;)-~¢,/C/ .~ '[ 1 Section 280-A, Neu York Toun Lau for approval o1: access over right(s)-of-~ay. 6. That within five da~fs 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 ~he same during regutar off. ice hours. (516) 7~5-1809. 7. That before the relief ~ought may be granted, a public bearing must be held on the matter by the B6ard of Appeah; 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. Post Office Address [Copy of sketch or plan showing proposal to be attached for convenience purposes.] YOU ARE ItEREBY GIVEN NOTICE: 1. That il is lhe inicntion of ~he unde~igned to pctifign the Board of Appeals of ~he To~ of Soulhold Io r¢ques[ a (ya~) (Special Exc¢pfion) (Spedal Permi[) (O~he~) 2. That thc property which is thc subject of he Petition isloca ed adjacent to yogi property and is des- 3. That the pi'operty which is the subject of such Petition is located in the following zoning district: 4' TI,a, ht such Pe,ih,,n,: the undersigned win request the folio, wing 5. That the provisions of the Southold. Town Zoning,., Code~ .,aPPlicable.',,' to the relief sought by the under- · "[ ] Section 28~-A, N~w York Town Law for approval of access over right(s)-of-way~" 6. That within five days from thc date herco[, a wrilten Petition requesting thc relief specified above will be filed in lhe Southold Town Clerk's Officeat Main Road Southold, New York and youma~ then and there examine the same duringregula~off~ce hours. {5Z6) 7~5-~809. "'. ~. That before the relief sougt~t may be granted, a public hearing must be held on the matter by the Board of Appea~; that a notice of such heating must be published at least five days prlof to the date of such hearin'g 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 representativ~ have the riRht to appear and be heard at such hearing. Post Office Addressj..)~."~) 'j~.,{~) C/ [Copy of sketch or plan showing proposal to be attached for convenience purposes.] BOARD OF APPEALS, TO~N OF SOUT~__.~O]_D In thc Matter or the Petition of : v~ '~ to the Board of A~npeals_of t~' Town of Soud~old NOTICE TO ADJACENT PROPERTy OWNER 1. That i s_tbe intention of the undersigned to petition the Board of Appeals of the Town of Southnld to request a(Var~ance) XSpecial Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: :1 :/. /I 3. That the property which is the subject of such Petition is located in the following zoning district: 5. Thai the provisioos ,of the Southold Town Zoning ~o,de a!~pli~:,axble to the relief sought by the under- signori are Article 'J~- /) Section f{'~C.) - ,,~( '~ ill ,~'7 [ ] Section 280-^, New York Town Law for approval of access over right(s)-of-uay. 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 y~u ma), then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must he 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, n6wspapers 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. ' . I'~ Petitioner (,/_ - Pos( Office Address ~..~1 Tel. PROOF OF MAI|.IN6 OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS O~E 'qSq 7?_? Receipt for ~J~ Ce[tiffed Mail e Coverage provided STATE OF NEW YoRK ) COUNTY OF SUFFOLK) SS,: , being duly ;w~r~, deposes and says that on the ~ day of ~u~ ~ , 19 ~ ~ , deponent mailed a :rue copy of ihe Notice set forth on thc re- verse side hereof, directed to each of the above-named persons ar the addresses set opposite their respective ' names; that the addresses set opposite lhe names of said persons are the addresse~ of said persons as shown on thc current assessment roll of the Town of 5ou~hold;that said Nodc~ were mailed al the United Slates Post Of- 'flceal ~~'o~ ~'Y, ;thai said Notices were mailed to each ofsaid persons by ' (certified (registered) mail. Sworn to before me this / ~ ~ Notary Public HELENE O. HORNE Notap/Public, State of New York. No. 4951364 Qualified in Suffolk County Commission Expires May :7.2, 18 This side does not have to be complet'ed on form transmitted to adjoining property owners.) Y ~ ~" co, PL,~,~ I