HomeMy WebLinkAbout4067
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
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
DELIBERATIONS/DECISION: Appeal No. 4067:
Upon Application for PAOLO LAVAGETTO. Variance to the
Zoning Ordinance, Article IIIA, Section 100-30A (Section XXIV,
Section 100-244B) for permission to construct garage and storage
addition with reduction in the (westerly) side yard setback on
this corner lot. Location of Property: South Side of Mason
Drive and the West Side of Broadwaters Drive, Cutchogue; County
Tax Map No. 1000, Section 104, Block 7, Lot 7.
WHEREAS, after due notice, a public hearing was held on
December 16, 1992, and all persons 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, Board Members have personally viewed and are
familiar with the premises in question, its present zoning,
the surrounding areas; and
and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located in the "Low-Density
Residential R-40" Zone District and is referred to as District
1000, Section 104, Block 7, Lot 7, as a nonconforming,
substandard lot of 17,287 sq. ft. and frontage along the south
side of Mason Drive of 75 feet.
2. The subject premises is improved with a two-story,
single-family dwelling and accessory concrete patio, all as
shown on the March 21, 1991 survey prepared by Peconic
Surveyors, P.C. for the applicant. The setbacks of the dwelling
as exist are shown on the survey to be 14.3 feet from the
easterly (front) property line, 115+- feet from the north
(front) property line, and 45+- feet from the wood bulkhead
located to the south of the existing dwelling.
3. Article IIIA, Section 100-30A of the current zoning
code (as amended January 10, 1989) provides for minimum side
yards at 15 and 10 feet, inclusive of automatic relief provided
for under Article XXIV, Section 100-244 pertaining to
nonconforming lots having less than 20,000 sq. ft. of land area.
'Page 2 - Appl. No. 4067
~atter of PAOLO LAVAGETTO
Decision Rendered January 23,
1992
4. By this application, the applicant is proposing to
construct a new 22' by 32' two-story addition (garage with
storage) at the northwest corner of the dwelling extending 6'6"
into the side yard and leaving an insufficient sideyard setback
at seven (7') feet. (Also shown is a proposed 15' x 16' sunroom
in the front which will maintain the same side yard setback as
the existing dwelling.) The westerly (side yard) setback of the
existing dwelling is shown on the survey to be presently 14 feet.
5. For the record, it is noted that:
(a) the subject premises is nonconforming as to total
lot area and the front yard setback of the dwelling is
nonconforming to the east at 24.2+- feet having been granted
permission on November 23, 1962 under Appeal No. 528 {for Irma
Merrill};
(b) the lot in question is a corner lot with two front
yards, one side yard, and one rear yard;
(c) the extension of 6'6" into the existing side yard
will not change the character of the area and is minimal under
the circumstances;
(d) there shall be no nonconforming setback expansion,
extensions or increase in the size of this nonconformity as
restricted by Section 100-242A of the current zoning code
regulations {unless this provision is amended by legislative
action at some time in the future to permit an increase in the
degree of nonconformity} unless approval is granted by the Board
of Appeals;
(e) the subject two-story garage addition at the
northerly end of the dwelling and the proposed sun room addition
at the south end of the dwelling both will not exceed the
maximum total coverage of the lot, inclusive of the existing
dwelling area, which is limited by code to 20% of 17,287 sq.
ft., or 3460 sq. ft. for all buildings (accessory and principal).
6. In considering this application, the Board also finds
and determines: (a) the relief as granted will not in turn
increase the dwelling unit density, since only one principal
dwelling will continue; (b) the evidence submitted and
practical difficulties claimed are sufficient to warrant a grant
of this variance, as alternatively granted; (c) there will be
no substantial change in the character of the immediate
neighborhood or detriment to adjoining properties; (d) the
difficulties cannot be obviated reasonably with some method
feasible to the appellant to pursue, other than a variance;
(e) that it is not unusual for parcels having a narrow width at
'Page 3 - Appl. No. 4067
.Matter of PAOLO LAVAGETTO
Decision Rendered January 23,
1992
75 feet or less to need some relief in the side yard; (f) that
in view of the manner in which the difficulties arose, and in
considering all the above factors, the interests of justice will
be served by granting the variance, as conditionally noted below.
Accordingly, on motion by Mr. Dinizio, seconded by
Mr. Villa, it was
RESOLVED, to GRANT ALTERNATIVE RELIEF with a setback from
the easterly side property line at not less than eight (8) feet
{instead of the requested seven feet} for the proposed 22' x 32'
two-story garage addition.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Dinizio and Villa. (Absent was: Member Doyen due to poor
weather conditions.) This resolution was duly adopted.
GG:lk
GERARD P. GoEHRIN~ER, ~AIRMAN
ECEIVED AND FILED BY
THE SOUTHOLD TOWN C~K
Tow_n Clerk, Town of Southo]d
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (51.6) 765-1809
...:,. .~.~.~ ~
BOA~ OF APPEALS
TOWN OF SOU~OLD
SCOT~ 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 OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following matters
will be held for public hearings before the SOUTHOLD TOWN BOARD
OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold,
New York 11971, on MONDAY, DECEMBER 16, 1991 commencing at the
times specified below:
(1) 7:35 p.m. Appl. No. 4066 - PELLIGRINI WINERY.
Special Exception to the Zoning Ordinance, Article III, Section
100-31B.13 for permission to establish winery use for the
production and sale of wine produced from grapes primarily grown
in the location of this vineyard. Location of Property: North
Side of Main Road (State Route 25), Cutchogue, NY; County Tax
Map District 1000, Section 109, Block 1, Lot 8.7; bounded on the
west by Alec and Cross, north by Jablonski, east by Carnation
Properties, south by Main Road.
(2) 7:40 p.m. Appl. No. 4067 - PAOLO LAVAGETTO. Variance to
the Zoning Ordinance, Article IIIA, Section 100-30A (Section
xxIV, Section 100-244B) for permission to construct garage and
Page 2 - Legal Not
Hearings for December 16, 1991
Southold Town Board of Appeals
storage addition with reduction in the (westerly) side yard
setback on this corner lot. The subject parcel contains a total
lot area of 17,287 sq. ft. and is located in the R-40 zone
District. Location of Property: South Side of Mason Drive and
the West Side of Broadwaters Drive, Cutchogue; County Tax Map
Parcel No. 1000-104-7-7.
(3) 7:45 p.m. Appl. No. 4047 ETHEL H. BETZ. Variance to
the Zoning Ordinance, Article III, Section 100-30A and Section
100-31A.3, Bulk Schedule, for approval of insufficient lot area
and width of two parcels in this pending set-off division.
Location of Property: Northeast side of Calves Neck Road,
$outhold, NY; County Tax Map Parcel No. 1000-63-7-34 and 35.
(4) 7:50 p.m. Appl. No. 4068 - ELEANOR SIEVERNICH. Variance
to the Zoning Ordinance, Article XXIII, Section 100-239 and
Article III, Section 100-32 for approval of proposed Lot %1 and
Lot ~2, each having a reduction of the total lot area due to
wetlands, and for approval of insufficient width (frontage) of
Lot %2. Location of Property: Easterly side of Cox Neck Road,
Mattituck, NY; County Tax Map Parcel ID ~100'0-113-8-5
containing a total of 3.7648 acres.
(5) 8:00 p.m. Appl. No. 4069 - TROY AND JOAN GUSTAVSON.
Request for reversal of determination of the Building Inspector,
or alternatively a Variance to the Zoning Ordin~nce,:'Article
Page 3 - Legal NotiW
Hearings for December 16, 1991
Southold Town Board of Appeals
III, Section 100-31C(4b) {by reference to Article X, Section
100-101C) for permission to establish lighting "for after dark
use of an accessory paddle ball court (also referred to as a
platform tennis court structure)." After-dark use is prohibited
under the provisions of the zoning ordinance relative to
accessory tennis court structures. Location of Property: 7785
Main Road, Mattituck, (Laurel School District), NY; Lot 91,
Minor Subdivision Map of Sunbow Associates; County Tax Map
Parcel No. 1000-122-6-29.1.
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. For more information,
please call 765-1809 or visit our office.
Dated: November 29, 1991. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
TO: L.I. Traveler-Watchman, Inc. Delivered 12/3/91
Times-Review, Inc. For'Publication
Copies have been forwarded 12/2/91 to the following:
Samuels & Steelman Architects
25235 Main Road
Cutchogue, NY 11935
Rudolph H. Bruer, Esq.
P.O. Box 1466
Southold, NY 11971
(Pellegrini Winery)
(Ethel Betz)
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
PLEASE TAKE NOT, ICE th. at your ap~plication dated .. ~..~../~...'~. .............. ,19 .~. ~.. '
~o~o~ o~ ~o~e~o~..~ ~,. ~...~.~. ~~~..~... ~,.., .... ~~
County Tax Map No. 1000 Section ..... ~.<9..~... Block .... 7.~ ....... Lot .~. ...........
Subdivision ................. Filed Map No ................. Lot No ..................
is returned .her,.ewith and disapproved on the following grounds-~."~ ~. ~ ...~.. 4~..
.¢.~.. :~.¢.~.~.4,.~...~~ ~.~. ~.. ~...~
~.. ~~.~..~~~ ~~ ................ ;..~ .....
~-..~~. ¢. ~.. ~~~ ....................
RV 1/80
FORM NO. 1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL.: 765-1803
AKD OF HEAL'I'll .....
ClIECK ....................
SEPTIC FORH ..............
t:~T~F'~: ~3ff. ~.~.~'
CALL ' . .......
HAIL TO:
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
Dhte .................. ,
INSTRUCTIONS
a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3
:ets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets
)r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli-
:ation. '
cf' The work covered by this application may not be cbmmenced before issuance o£ Building Permit.
d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit
.ha/l,be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in pa~t for any purpose whatever until a Certificate of Occupancy
hall have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
~uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
(egulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described.
Fh¢ applicant agrees to coinply with ail applicable laws, ordinances, building code, housing code, and regulations, and to
;dmit authorized inspectors on premises and hi building for necessary ~nspections.
(Signature of applicant, or name, if a corporation)
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
......../../->.
(as on the tax roll or lat~) deed)
it' applicant is a corporation, signature of duly authorized officer.
(Name and title of corporate officer)
Builder's License No../.~. 7.4.5 7.."..../7(.: .~...
Plumber's License No ........ '. ................
Electrician's License No .......................
Other Trade's License No ......................
Loc,~tion of land onwhich proposed work will be done..' ....................................... ' .....
~0~ 'r~,~oo. ~. ~ , .~ . . .. .
.. 5..5.0.: .................. .............
llouse Number Street Hamlet ............. ~'"
County Tax Map No. 1000 Section ........ /.Q ....... Block ~ 7 Lot (~ ~ '
Subdivision
..................................... Filed Map No ............... Lot ...............
(Name)
State existing use and occupancy of premises and intended use and occupancy of proposed construction:
Y~_ c>_ ¢ ' .Ox~..~-~ .... :*' .' "~-~-~
Existing use and occupancy ............. ~. ................ :,.., ...... :.'.'~ ~'~ ~; :.~ .........
ded use and occupancy ........................ ' ~ .- · ..,~:,,,,:~
3. Nature of work (check which ap ble): New Building .......... Add .
Repair . Alteration ....
.............. Removal . . Demo Rio ' ' .....
............. n .............. Other Work .............
~'.,~ ' (Description)
4. Estimated Cost ....... -~-~./.,~"-0~ .... .~,Z~. a.,'<; ..... Fee ......................................
· (to be paid on filing this application)
5. If dwelhng, number of dwelling units ............... Number of dwelling units on each floor ...... ...
· If garage, number of cars
6. If business, commercial .....................
or mixed occupancy, specify .............................. i ' ' ~ .................
Dimensions of existing structures, nature and extent of each type of use
7. if any: Front ........ ' ..................
Height ............... Number of Stories ......... i ...... Rear .............. Depth ...............
Dimensions of same structure with alterations or additions: Front .........
Depth ................. Rear
...................... Height ..................
...................... Number of Stories ....
8. Dimensions of entire new construction: Front ...............
ight N .... D pth
........... Rear.. e
He .... umber of Stories ..... ' ...........................
9. Size of lot: Front ......... ' ..........
............. Rear.. ' ...................................
10. Date of Purchase ... ' ................... Depth
11. ' ......................... Name of Former Owner " .....................
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
14. Name of Owner of premises ...... ~ j .............. Will excess fill be removed from premises: Yes No
Name of Architect ............ Address
.... ' .................. Phone No ................
............ · .... Address Phone No .........
Name of Contractor ....... ' ..... - ..................
................... Address ... ' ......
I5. Is this property within 300 feet of a ................ PhoneNo ......... . .......
tidal wetland? *Yes ..
· If yes, Southold Town Trustees Permit may be requirgd.' .... No .........
.... PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from
property lines. Give street and block number or description according to deed, and show street names and indicate whether
interior or comer lot.
TATEOF NE~ff.-YO~ / I/ SS
ou,vr¥ 14.. ',
...... .,.5. s-P.,..& .................
(Name of individual signing contract)
)ore named.
being duly sworn, deposes and says that he is the applicant
is the i~;l~t'r'~t~c~;t~(}[a't~ officer '
, etc.)
said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this
plication; that all statements contained in this application are true to the best of his knowledge and belief;
~rk will be performed in the manner set forth in the application filed therewith, and that the
'om to before me this
taw Public, ~. ' ..... 'v · .~,--'..= · · ,.~ounly ~,/~ / . )
· CLAIRE L. GLE~V ..-'Tx,] / /" ~ ~
No. 4879505 · · .: · · · ~,.t. ¢ · ,~-:',, .',.,...__,.~..-~.. [ ....... ~-
Qualified in Suffolk County q .7/'~ /'
Commission Expires December 8, 19 '---'-~ L//~?/ (Signature of applicant)
RECEIVED
///9'-~ ~.~.
NOV 0 8 1991
TOWN OF SOUTHOLD, HEW YORK
Southold Town Clerk
^ppEAL FROM DECiSiON OF BUILDING INSPECTOR APPEAL NO....~..
DATE ./. . .~. .. .". :- . ..-/---
TO THE
.- .o, .................. ............................
............................................ Street and NumBer
1, (We)
Name of Appellant
.......................... .. ERE,Y APPEL TO
................ , .......
Mun c Dai ty
THE ZONING BOAR[~ OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR pERMIT bio ..................................... DATED ......................................................
wHEREBY THE BUILDING INSPECTOR DENIED TO
...... ...L... ..........
........ Nam; o~';~pp;'~ant ~o~ ~.~,t ~..
"'/' ~i~.';'; ;'~'A'~l' '~ ~ ~;; ;' ' ' ~ .................... '~;~ipaJity State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(/F ," 40 J~,~ I~
~i-~ ~2~-o~u ~-~ ~.,...: ......... .C.~.&./..;~-
1. LOCATION OF THE PROPERTY ~ ............ (;~r~'~¥' 7~i~I~1'~ / Use District' on Zoning Map-
'District 1000 Section/O~Block7 L°t'7 ~ ' ~&, /o __ /... ......................... ~urren~ Owner
Map No. Lot No. Pri or Owner
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and,Paragraph o{ the Zoning Ordinance ~ nu.~er. Do not quote the Ordinance.)
Articl~/~ Section /OO-- ~) -
3..,~PE OF APPF_.AL Appeal is made herewith for (please check appropriate box)
(,~) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack o~ access (State of New York Town Law Chop. 62- Cons. Laws
Art. 16 Sec..?.80A Subsection 3
()
4. PREVIOUS APPEAL A previous appeal (hHa~(has 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 a variance .,
and was made in Appeal No ................................. Dot d ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(~'~A Variance to the Zoning Ordinance
( )
is requested for the reason that
Form
(Continue on other side)
~qEASGN FOR ~\PPEAL
1 STRICT APPLICATION OF THE ORDII.IANCE ~ouid produce practical difficuitie~ or unneces-
scrv HARDSHIP because
2. The hardship created is UNIQUE and is not sheared by all properties alike in the immediate
. vicin,ty of this property and in this use district because
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
COUNTY OF ) ~ /~ ~ // / S~gnature
/
/
Sworn to this ..............................................doy o .....-v oF....'.--~-j- '~''r-''::'~''-~'- ''~e:¢~''':~'~' ...................
Notary Public
HELENE D. HORNE
Notaq~ Public, State of N~w York
No. 495; 364
Qualified in Suffolk County ~:>
Commission Expires M~¥ 22, ;9 ~
TOWN OF SOUTHOLD ~'~OPERTY RECORD CARD
OWNER
I~ORMER OwNER
VL
STREET
VILLAGE
DISTRICT SUB.
ACREAGE
TYPE OF BUILDING
LOT
RES.
LAND
Tillable
Tillable
FARM
COMM. JlND. JCB. J MISC.
IMP.
?00 3 Va o
/ 3o~ .-3e'c
~C-~O ,
NORMAL
TOTAL
~160
DATE
~ !I~.21~G iCON DI~I~
BELOW
Farm Acre Value Per Acre
! Tillable 1
2
3
Woodland
ABOVE
Value
SWampland
Brushland :-
House Plot
JEst. Mkt. Value
DOCK
Total
' ~ ~ ~. '"' ~ ','9 ~ '/,,~., '" ~ ~ '
FRONTAGE.ON WATER ~f~ ~- ~ : /> 7 J
FRONTA~ ON ROAD
BULKH~D
M: Bldg.
Extension
Extension
Extension
~ ~ , : Foundation
/ '"'"~ ' ~/,/ i
Ext. Walls
, Fire Place
t Ipc' /? Porch Roof
Floors
,;~,~,i,~ Interior Finish
~ Heat
Garage Driveway Dormer
--
~AsON
SURVEY OF
PROPERTY
A T EAST CUTCHOGUE
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N. Y.
1000 104 - 07- 07
Scale 1" = 30'
March 21, 1991
AREA = 17,287sq. ft.
(to tie line )
CERTIFIED TO,
PAOLO LA VA(~ETTO
DRIVE
LIC. NO. 49618
S, P.C.
P. O. BOX 909
MAIN ROAD
$OUTHOLDI IV. Y. ItgX!
Prepared in a~cor~e with the rdnimum
etandarde for title aurveya a~ e~tab~ehed
t~ ~S. ~ ~prov~ ~ ~t~
91- 139
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
January 30, 1992
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County
Administrative Code, the following application(s) which have been referred to
the Suffolk County Planning Co~ission are considered to be a matter for local
determination. A decision of local determination should not be construed as
either an approval or a disapproval.
Applicant(s)
Municipal File Number(s)
~izzarelli, Peter D. & Marie L.
avagetto, Paolo
4063
4067
Very truly yours,
Arthur H. Kunz
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
(516) 853-5192
DEPARTMENT OF PLANNING
Town of Southold
Zoning Board of Appeals
COUNTY OF SUFFOLK
FEB - 3 I992
. __~.I/ January 30, 1002
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County
Administrative Code, the following application(s) which have been referred to
the Suffolk County Planning Commission are considered to be a matter for local
determination. A decision of local determination should not be construed as
either an approval or a disapproval.
Applicant(s)
Municipal File Number(s)
Pizzarelli, Peter D. & Marie L.
~-~vagetto, Paolo
4063
4067
Very truly yours,
Arthur H. Kurtz
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
(5t6) 853-5t92
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOU~OLD
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
Pursuant to ~tivle XIV of the Suffolk County Ad~strative Code, The
Board of Appeals of the Tc~rn of Southold, New York, hereby refers the following
to the Suffolk County Planning Cx~m,ission:
XX Variance from the Zoning Code, Article IIIA , Section t00-30A.3
__ Variance from Determination of Southold Town Building Inspector
__. Special Exception, Article , Section
__ Special Permit
Appeal No: 4067 Applicant: Paolo Lavagetto
Location of Affected Land: 1300 Mason Drive & 950 Broadwaters Dr., Cutchogue, NY
County. Tax Map Item No.: ]000- 104-7-7
Within 500 feet of:
Town or Village Boundary Line
xx 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 Strea~ or Drainage Channel Owned by
the County or for which the County has established Channel Lines, or
Within One Mile of a Nuclear Power PlantI
__Within One Mile of an Airport
Comments: Applicant is requesting permission.to construct addition (garage)
with insufficient sideward setback
Copies of Town file and
Dated: Jam,~q;28, 1992
related documents enclosed
for your review.
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
3anuary 28, 1992
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
Mr. John Prestia
P.O. Box 66
Cutchogue, NY 11935
Re: Appl. No. 4067 - Variance for Addition
Dear Mr. Prestia:
With reference to the above variance application, please find
attached the written findings and resolution of the Board.
Please be sure to return to the Building Inspector for issuance
of appropriate permits or other updates or necessary change on
your construction plans before proceeding. A copy of this
determination has also been furnished to the Building Department
for their records this date.
Very truly yours,
Linda Kowalski
Enclosure
Copies of Decision to:
Suffolk County Department of Planning
Building Department (Attention: Thomas Fisher)
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765.1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTF L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time, date and
place of the public hearing concerning your recent application is
a copy of the Legal Notice, as published in the Long Island
Traveler-Watchman, Inc. and Suffolk Times, Inc.
Please have someone appear in your behalf at the time
specified in the event there are questions brought up during the
same and in order to prevent a delay in the processing of your
application. Your public hearing will not start before the time
allotted in the attached Legal Notice. Additional time will, of
course, be available. A drafted or final written copy of your
presentation, if lengthy, is always appreciated.
Please feel free to call our office prior to the hearing
date if you have any questions or wish to update your file.
Yours very truly,
Enclosure
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
DhtrJet
Rear Yard (feet) 45 35 45
unit) 8~0 850 350
R-120 R.200 R-400 HD RR RO
20 25 10
NOTES: ' 2½ 2½ 2½ 2½ 2~t 2½ 2½ 2½ 2½ ~
' Except ~ne-bedmom or siudie iYn ~_? ?um.,.L~t S,ze Schedules for applicable ~ stric~
§ 100-243 SOUTHOLD CODE § 100-244
§ 100-243. Nonconforming buildinlcs w~th nonconformin;~ ~
A. A nonconforming building' containing a nonconformin~ use
10144
/'%
ARTICLE XXV
Site Plan Appr~v~ L .
[Added 1-10-89 by LL. No. 1-1989. amended
5-23-89 by LL. No. 9-1989J
§ 100-250. Applicnbility. ..
10145 ~-~-#
Page 11 - December 16, 1991
Public Hearing - Pellegrini Winery
Southold Z.B.A.
MR PELLEGRINI: It just is enough to see whether or not the
County is interested in extending the rights to me.
CHAIRMAN GOEHRINGER: Does anybody else have any other
questions? Thank Ms. Steelman. Is there anybody else who
would like to speak in the audience concerning this hearing
either pro or con? Seeing no hands I'll make a motion, oh,
there is someone. Seeing no further hands I'll make a motion
closing the hearing reserving decision until later.
MEMBER VILLA: Second.
Ail in Favor - AYE.
The Chairman opened the hearing at 8:00 p.m. and read
the notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a copy of a survey indicating
this parcel as it presently sits. And I have a copy of the
Suffolk County Tax Map indication this and surrounding
properties in the area. Is there somebody who would like to
be heard in behalf of this application? Can I ask you to
state your name please for the record. Maybe use the mike if
you wouldn't mind sir. You are...
MR PRESTIA: I'm representing Paolo Lavagetto. My name is
John Prestia.
CHAIRMAN GOEHRINGER: Nice to meet you sir.
MR PRESTIA: This is all new to me.
CHAIRMAN GOEHRINGER: Okay, you can standlthere that's no
problem.
MR PRESTIA: I have s~me photographs if that,s what you need.
CHAIRMAN GOEHRINGER: Surely. We'll take'them.
MR PRESTIA: I got them marked here what sides they're on.
This would be the northeast side.
CHAIRMAN GOEHRINGER: Right. It looks familiar.
Page 12 - December 16, 1991
Public Hearing - Paolo Lavagetto
Southold Z.B.A.
MR PRESTIA: Again, you know on the back.
CHAIRMAN GOEHRINGER: Right. You must have done this on a
good day.
MR PRESTIA: Yeah. Yeah. Well my wife did it.
CHAIRMAN GOEHRINGER: Okay. Is there anything else you'd
like to state for the record?
MR PRESTIA: Just that they wanted permission to, you know,
build a garage and storage.
CHAIRMAN GOEHRINGER: Okay. The only question that I have is
and let the record show that I'm pointing to the survey.
That the applicant wishes to build within, build a six foot
six inches addition into the side yard area. And I think
you're looking to be what from the property line?
MR PRESTIA: I think it was 7, 6.
CHAIRMAN GOEHRINGER: 7, 6. Okay.
MR PRESTIA: Yeah 7, 6.
CHAIRMAN GOEHRINGER: Is there any reason why you can't move
this over a little bit farther? Is there ....
MR PRESTIA: Well, I think there's a window which was
involved and some other ....
CHAIRMAN GOEHRINGER: In the existing bathroom.
MR PRESTIA: There's a bathroom and then I guess they've got
to go with their fan and... ~
CHAIRMAN GOEHRINGER:
MR PRESTIA: Yeah.
They didn't want to do that.
CHAIRMAN GOEHRINGER: Alright. That's the only question I
have. This is a one Story or two story structure?
MR PRESTIA: That's going to be two storyl
storage.
Up above is a
CHAIRMAN GOEHRINGER: Okay. What would you say the actual
height would be?
MR PRESTIA: Well it would be the same height as the addition
Page 13 - December 16, 1991
Public Hearing - Paolo Lavagetto
Southold Z.B.A.
MR PRESTIA, cont'd: that's brought up above it. You know,
SO.
CHAIRMAN GOEHRINGER: But there will be no living area up
above it, with mainly storage.
MR PRESTIA: No, I, in fact to be honest with you, I think he
is a hand radio operator and that's what he'll use it for.
CHAIRMAN GOEHRINGER: I see.
MR PRESTIA: He's got a license for it and all that so he
does.
CHAIRMAN GOEHRINGER: We thank you. We'll see if anything
else develops.
MR PRESTIA: What will I have do. Do I have to apply for a
permit or?
LINDA KOWALSKI: I building permit. We'll let you know
tomorrow. Give us a call.
MR PRESTIA: Okay. Thank you very much.
LINDA KOWALSKI: Call in the morning.
CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who
would like to speak in favor of this application? Is there
anybody who would like to speak against the application? Any
questions, Bob, before we, no, not hearing any further
questions I make a motion closing the hearing reserving
decision until later.
MEMBER DINIZIO: Second.
.All in Favor - AYEy
Appl. No.. 4047 /
ApPl~cant(s): E~hel H. Betz
Locat~n of Property: Calves Neck Road, $outhold, NY
Cou?ty ~Ma~o.: 1000-63-7-34 & 35
Th? Ch~rman oPened the hearing at 8':08 p.m. and read
the notice~aring and application for the record.
CHAIRMAN ~OEHRING~ I have a copy of a survey produced by
Peconic ~urveyors P.~S~most recent date is 6/3/91.
Indicating a house lot~ch is lot nun~ber 35 and the lot
which~s the nature of thl~ication, well they both are
Page 33 - December 16, 1991
Public Hearing - Troy and Joan Gustavson
Southold Z.B.A.
C~AIRMAN GOEHRINGER: Sure. Mr. Dinizio would like to.
ME~ER DINIZIO: I'd just like to state that I did go dow~
there at night and I brought my children down and we did run
around the court and I turned it on and I went to both sides
of th9 property actually on the other property and I could
not see any of that light washing on to either side.. You
know there is railroad tracks in the back. It just doesn't
seem li,~e this is in any way a hindrance. Other than you
could have just as easily had parking lot lighting there on
all the time and TURNED TAPE OVER
\
CHAIRMAN ~OEHRINGER: Would anybody else who would like to
speak either for or against this respective application?
MR BRESSLER= Yes. I guess I might say that if any of the
Board Member, s have any questions about the game itself isn't
Saturday morning the or is it Sunday morning you go down
there.
MR GUSTAVSON:'~Generally speaking, Saturday mornings between
nine and twelve. We basically have an open house for anybody
who is interestgd in learning more about the sport~
CHAIRMAN GOEHRIN~ER: Interesting. Very good.
MR BRESSLER: An~he'll be down there if you want to see what
it's like. It's ~ood for old guys to play too.
CHAIRMAN GOEHRINGE%: Let the record show that Mr. Bressler
is referrin~ to the~applicant and .....
MR BRESSLER. Andmy~elf.
CHAIRMAN GOEHRINGER: ~Hearing no further Comment. I make a
motion closing the hea~ing reserving decision until later.
All in Favor - AYE.
(Transcribed by tape, was
not present at the hearings)
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
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 26, 1991
Mr. John Prestia
P.O. Box 66
Cutchogue, NY 11935
Re: Appl. No. 4067 - Lavagetto Variance
Dear Mr. Prestia:
This letter will acknowledge receipt of the above variance
application which is based upon the October 25, 1991 Notice of
Disapproval from the Building Inspector. The grounds for
variance relief in this application being requested by you at
this time is for the garage addition with reduction in the
westerly (side) yard setback.
In the interim, please furnish our office with photographs
of the house for the northerly yard (side angle view), the
westerly yard, and southerly yard.
The hearings calendar is expected to be during the evening
of Monday, December 16, 1991. A copy of the Legal Notice as
published in the Long Island Traveler-Watchman and the
Times-Review newspapers will be sent to you as confirmation
(with the exact time) over the next couple of days.
Very truly yours,
Linda Kowalski
MAsoN
pRIVE
VEY OF
)PER T Y
CUTCHOGUE
)F SOUTHOLD
COUNTY, N. Y.
~41,?= 0370,- 07
th 21, 1991
AREA = 17,287 sq. ft.
(to tie line )
N
S
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLk'}
~,7/~, ~~a._ of MattRuck, In
said County, being duly sworn, says that he/sha i~ Principal
Clerk of THE SUFFOLK TIMES, I Weekly Ik~lpaper,
published at Mattitud[, in the Town cf Scutbeld, County o!
Suffolk and State of New York, and that the NoUce ef wMch
the annexed is a printnd copy, has been rngulafly imklished in
said Newspaper once each week fei/ weeks
successively, commencing on the day of
19 ?/
NOTICE IS HEREBY GIVEN,
pursuant to Section 267 of the Town
Law and the Code of the Town of
Southold, the following matters will
be held for public hearings before thc
sOUTHOLD ToWN BOARD OF
APPEALS at the Southold Town
Hall, 53095 Main Road, Southold,
New York 11971. on MONDAY~
DECEMBER 16, 1991 commencing
at thc.thnes specdied below:
(1) 7:35 p.m. Appl. No. 4066 --
PELLEGRhNI WINERY. Special Ex-
ception 1o the Zoning Ordinance,
Article II1, Section 100-31B.13 for
permission to estabhsh winery use for
the production and sale of wine pro-
duced from grapes primarily grown in
Legals...
Continued from previous page
(State Route 25), Cutchogue, NY;
County Tax Map District 10~0. Sec-
tiaa 109. Block 1. Lot 8.7; bounded
on the west by Alec and Cross, north
by Jablonski, east by Carnation Prop-
antes, south by Main Road.
(2) 7:40 p.m. Appl. No. 4067 ~o~
PAOLa LAVAGE~I'O. Variance o
the Zoning Ordinance, Article lItA.
Section 100-30A (Section XXIV,
Section 100-244B) for permission to
construct garage and storage addition
with reduction in the (westerly) side
yard setback on this corner lot. The
Principal Ck~k
his ~'~
:~j lg '~ /
N ALICE C. MacDONALD
otary Public, State of Nm~ York
No ~79351
-- QqalEied in Suffolk ~n~ ~
~mmmsion Ex~ires Dec. 8, ~-~ ~
NOTICE OF HEARINGS
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 of
The Town Law and the Code of
the Town of Southold, the
following matters will be held
for public hearings before the
SOUTHOLD TOWN BOARD
OF APPEALS at the Southold
Town Hall, 53095 Main Road,
Southold, NY 11971, on MON-
DAY, DECEMBER 16, 1991
commencing at the times
specified below:
(1) 7:35 p.m. Appl. No. 4066-
PELLIGRINI WINERY.
Special Exception to the Zoning
Ordinance, Article III, Section
100-31B. 13 for permission to
establish winery use for the pro-
duction and sale of wine pro-
duced from grapes primarily
grown in the location of this
vineyard. Location of Property:
North Side of Main Road (State
Route 25), Cutchogue,~NY;
County 'Pax Map District I000,
Section 109, Block I, Lot 8.7;
bounded on the west by Alec
and Cross, north by Jablonski
east by Carnation Properties,
south by Main Road.
/'"'(2) 7:40 p.m. AppL No 4067-
PAOLO LAVAGETTO. Variance
to the Zoning Ordinance, Arti-
cle IliA, Section 100-30A (Sec-
tion XXIV, Section 100-244B
for permission to construct
garage and storage addition with
reduction in the (westerly) side
yard setback on this corner lot.
The subject parcel contains a
total lot area of 17,287 sq. ft.
and is located in the R-40 Zone
District. Location of Property:
South side of Mason Drive and
the West side of Broadwaters
Drive, Cutchogue; County 'lhx
Map Parcel No. 1000-104-7-7.
'-'"(3) 7:45 p.m. Appl. No. 4'~
ETHEL H. BETZ. Variance~
The Zoning Ordinance, Article
III, Section 100-30A and Sec-
tion 100-31A.3, Bulk Schedule,
for approval of insufficient lot
area and width pf two parcels in
this pending set-off division.
Location of Prol~rty: Northeast
side of Calves Neck Road,
Southold, NY; County Tax Map
Parcel No. 1000-63-7-34 and 35.
(4) 7:50 p.m. Appl. No. 4068-
ELEANOR SIEVERNICH.
Variance to the Zoning Or-
dinance, Article XXIII, Section
100-239 and Article Ill, Section
100-32 for approval of propos-
ed Lot No. I and Lot No. 2, each
having a reduction of the total
lot area due to wetlands, and for
approval of insufficient width
(frontage) of Lot No. 2. Loca-
tion of Property: Easterly side
of Cox Neck Road, Mattituck,
NY; County Tax Map Parcel
No. 1000-113-8-5 contalning'%a
total of 3.7648 acres.
8:00 p.m. Appl. No. 4069-
TROY AND JOAN GUSTAV-
SON. Request for reversal of
determination of the Building
Inspector, or alternatively a
Variance to the Zoning Or-
dinance, Article III, Section
100-31C (4b) {by reference to
Article X, Section 100-10lC} for
permission to establish lighting
"for after dark use of an ac-
cessory paddle ball court (also
referred to as a platform tennis
court structure)." After-dark use
is prohibited under the provi-
sions of the zoning ordinance
relative to accessory tennis court
structures. Location of Proper-
ty: 7785 Main Road, Mattituck,
(Laurel School District),
Lot No. 1, Minor Subdivision
Map of Sunbow Associates;
County Tax Map Parcel No.
1000-122-6-29.1. t o~ I
The
Board
of
Appeals will at
said time and place hear any and I
all persons or representatives I
desiring to be heard in the above
matters. Written comments may
also be submitted prior to the
conclusion of the subject hear-
ing. Each hearing will not start
before the times designatedI
above. For more information,
~lease call 765-1809 or visit our
Dated:°ffice~ November 29, 1991.
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By: Linda Kowalski
?~ IX-12/5/91(44)
COLJNTY
.~'I'A'I'I'~ OF NEW YORK
Patricia Wood,' being duly sworn, says that she is the
Editor,. of THE LONG ISLAND TRAVELER-WATCHM.~.AU_,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
once each week For .~. weeks
successively, commencing on the ......... '~ . .
S',vlu'~ ill hell,re mc Ibis -5~'z:~'
· ' .................... day of
December 1991
Notary Public
BARBARA A. SdHNEIDER
NOTARY PUBLIC, St'~te of New Yor
No. 4806846
Qualified in Sullolk Cognty/
Commission Expires ~//3;t~.2'
Page 4 Legal Notl~
Hearings for December 16, 1991
Southold Town Board of Appeals
Also interested:
Mr. and Mrs. Philip VanBourgondien
P.O. Box 1211
1285 Calves Neck Road
Southold, NY 11971
(In favor of Betz appl.)
Mr. and Mrs. Basil Northam
P.O. Box 1053
Southold, NY 11971
(Against Betz appl.)
Dr. and Mrs.
P.O. Box 818
Southold, NY
CLaus H. Robohm
11971
(In favor of Betz appl.)
Mr. and Mrs. John Kramer
P.O. Box 1360
Southold, NY 11971
(Interest in Betz appl.)
Mr. John Prestia (Builder for Paola Lavagetto)
P.O. Box 66
Cutchogue, NY 11935
Mr. and Mrs. Paolo Lavagetto
14 Wycoff Place
Woodmere, NY 11958
Anthony Salvatore, Esq. (Repr.
Hillside Professional Center
45 Route 25A
East Setauket, NY 11733
Sievernich)
Wickham, Wickham & Bressler,
P.O. Box 1424
Mattituck, NY 11952
P,C. (Repr. Gustavson)
Also copies with file info to ZBA Members,
Individual Hearing Files, and
Town Clerk Bulletin Board
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
TYPE II
BOARD OF APPEALS
TOWN OF SOUTHOLD
S.E.O..R.A.
ACTION DECLARATION
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 21, 1991
Appeal No. 4067
Project/Applicants:
County Tax Map No.
Location of Project:
Paolo Lavagetto
1000-104-7-7
1300 Mason Dr. & 950 Broadwaters Dr.,
Cutchogue, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Construct garage addition to existing dwelling with insufficient
side yard setback
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
with the subject application indicating that no significant
adverse environmental effects are likely to occur should the
project be implemented as planned.
It is determined that this Board's area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj, this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency's interest as an involved agency under SEQRA 617.2jj.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
mc
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:
SOUTHOLD TOWN ZONING BOARD OF APPEALS
FROM:
RE:
JUDITH T. TERRY, SOUTHOLD TOWN CLERK
ZONING APPEAL NO. 40~7
DATED:
NOVEMBER 8, 1991
Transmitted is application for variance submitted by John Prestia, made by
J & V General Contracting, together with Short Environmental Assessment Form,
ZBA Questionaire form, Notice to Adjacent Property Owners, Building Department
Notice of Disapproval, Survey of property, and house plans.
PROJEOT LDo NUMBER f 617.21%.
AppenDix C
State Environmental Quaiit,/ Review
SHORT EHVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION (To be completed by ADDlicant or Prefect SDonsorI
PROPOSED ACTION-
7. AMOUNT OF LAND AFFECTED;
8. WILL PROPOSED ACTION COMPLy WITH ~ISTING ZONING OR OTHER E~ISTING L^NO USE RESTRICTIONS?
g. ~,VHAT PRESENT LAND USE JN VICINI~TY OF PROJECT?
SEQR
~'~ ParklForesuogen space ~ Other
10. DOES ACTION INVOLVE A PERMIT APPROVAL. O~c
STATE OR LOCAl. J? .
Y (FEDERAl..
11 · DOES ANY ASPECT OF THE ACTION RAVE A CURRENTLY VALID PERMIT OR APPROVAL1 ' '
[] Y' [],o
I CERTIFy THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF M~'-KNOWLEDGE
ApoItcanllsDon name:
Il' the acf~n is in the Coastal Area, and you are a state agenc corn
Coa..,tal Assessment Form before proce~
-- OVER :u,,~ v,l~ this assessment ~
1
(Co~t ~r,,~ c ...... -'
The N.y.s. Enviro'nmental Quality Review Act requires Submission
before any action is taken.
(al In order ~'o answer the questions in this short EAF it ia assumed
that the Preoarer will use currently available information concerning
project and ~he likely impacts o~ t, he
additional studies, research or ot/%er 9ction. It ia not expected that
lnves=i~ations Will be undertaken.
(b) If any question ha= been answered Yes th~ project may be sig-
(c) I£ all questions have been answered NO it is likely that the
projec= is non Significant.
(d~ E~v~ronmental Assessmenl
.. 1. Will project result in a large ~hysical change
than 10' acres of land?
2. Will there be a major chance to any Unique o= ~Yes
3. Will project alter or have a large effect on
envlrcnmental area by a local agency? ..__Yes ~
].0. Will project have a m~jor effect on existing or
WAll project result in major traffic problems or
WAll project regularly cause objectionable odors,
.__~es ___~o
it*
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
subject premises and a description of their interests:
(S~arat~ shee~_,may be attached.) .
B. Is the subject premises listed on the real estate market for
sale or being shown to prospective buyers? {~0} Yes
{ } No. (If ~as, pl~e a~ch c~p~ af "condi~nns" of sale.}
C. Are there =ny p=o~osals to =hange~ alter land contours?
{ } Yes { } No
D. 1. Are there any areas which contain wetland grasses? ~
2. Are the wetland areas shown on the map submitted wit~
this application? ~
3. Is the property bullheaded between the wetlands area and
the upland building area? ~aJn
4. If your property contains w ds 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? .. (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or
which e~t m_nd are not ~ho%nn ~n the survey map that you are
submitting? If none exist, please state "none."
G. Do you have any construct$on taking place at this time
concerning your premises? ~o 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? ~O If yes, please explain where or submit copies
of deeds.
parcel
proposed use '~-,~e~ _~f- /i/~
Please list present use or operations conducted at this
and
§ 97-13
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. 1Yo. 6-1984]
wETLANdS [Amended 8-26-76 by L.L. No. 2-1976: 3-26-
85 by_~L_L. No. 6-1985]: -f~-,,' ~', ?
.' TIDAL 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 not limited to banks,
bogs. salt marsh, swamps, meadows, fiats or other
low 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 cordgruss, high
bush. cattails, groundseL maxshvn.llaw and
(3)
All land immediately adjacent tn a tidal wetland 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.
FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24. Ti-
tie 1, § 24-0107, 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 ~vet-
nd. as defined m Subsection B(1) and lying with-
in seventy.five (75) feet land,yard of the most land-
ward edge of a "freshwater wetland."
9705 z. as. ss
(~) COUNTY OF SUFFOLK m,.m SOUTt
'~ReaJ Property Tax Service Agencylv~u~o,a~
/
R-80
R-80
R-80
R--8~
'
P£
Ill[
Ill
.............................................................................. L ....................... 22'2~ .....
TOWN 'dS' ~)7~OR~~ "'
ACTION OF THE ZONING BOARD 'OF APPEALS
Appeal NO, ~
DAT~ .N_~_ 23, 1962
ACTION OF THE ZONING BOAP~D OF APPEALS OF THE TOW~ OF SOUTHOLD
Appellant
at a mectiog ol the Zoning Board cf Appeals on
~vas considered and t~e ,action indicated below was taken on your
, ~ Bequest for variance due to lack of access to property
(X) Request for a special ,exception under the Zoning O~dinance
( ) Request for a variance to the Zoning Ordinance
the appeal
1. SPECIAL, EXCEPTION. By resolution of the B~ard it was determined that a special exception (X) be
granted ( ) be denied ,pursuant to Article ......X_.~ ......... Sectio~l _...~_q~_. ...... Subsection ............. paragraph
...................... of the Zoning Ordinance, and the decision of the Building Inspector (X) be reversed ( ) be
confirmed because ! ~ ~l~t~J~:~ ~ ~1~"~1~ the ~
bom facto, b ~ line Aa nee; u~uble for · porch. ~f · XO f~. porch
Lo to be erected ou the ]S~duit4~l ml~ 1~ wtlX leave · 25 ft. letJ~ck.
There to no other ho,uae nearby that ~an be if:bored. 'mi t, be .
street to the ~ a mldence :Lo sltuat, od Ieee than 35 f'~ eot. bm:k.
Due ~o the extreme depth o£ the lot, 300 feet) the porch w111 not
lnterfeze with any properties tn the JJmuM/ate n. (OVBR)
2. VARJANCE. B~ resolution of the Board it was determined that
~a) Si,riot applioation of the Ordinanee (would) (would not) p~duee practical difficulties or unnec-
essary hardship because
ih) The ~ardd~ip created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the lmnmdiate vicinity of this property and in the same use district because
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not)
change the character of the district bec/ruse
and therefore, it was further determined that the requested variance '( ) be granted ( ) be denied
and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
FORM ZB4
ZONING BOARD OF APPEALS
Judith T. BoM,un. Secret, uFA;'
(¢mtluued f~m front)
ThJJ appl~can~ ha~ compiled ~Ath ~he condLtLono and requla~ton8
la~d dram ~n the ordinance ~r a mpecLal exception end therefore
Drlve. Cutchogue, Hew York, be granted permlso~ou to ~educe front yard
setback on Bgoadmat~r8 Drive to 25 feet.
SO~THO~D TO~N BOARD OP APPEALS
l~ovember 23, 1962
A regular meeting of the SouthoZd Town ~oard of Appeals
was held 7=30 P.M., friday. November 23, 1962 at the Town
Office, ~4aln Road, Southold, New York.
There were present~ Messrs. Robert W. Gtllispie, Jr.,
Chairman, Robert Bergen, and I{erbert Rosenbergo
Absent: Messrs. Charles Grtgonis, Jr., and :~;erge Doyen, Jr.
PUSLIC t~AR/I~G~ Appeal ~o. 528 - 7~30 P.M. (E.S.T.). upon
appltcatic~ of ~-ugene Herren. l{ew Suffolk Avenue. New Suffolk.
i~ew York,
York, for a s~cial ~cept~on in accotone wl~ the Zoning
Ordln~ce. Article lIZ. S~tion 3~, ~r ~lssl~ ~ re,ce
~mn= ~d se~ on a corner lo~ ~ 25 ~et. ~t~n of
pro~rty: m~st c~r of ~son Drive and B~aters Drive,
cutchoDue,
~roa~ate=s DriP, sou~ by ~e ~arr~s, and we~t by R. French.
Fee ~id
The Chairman opened the hearing by reading application
a special exception, legal notice of hearing, affidavit
Southold Town ~oard of Appeals -2-
~:,;ovem,t~r 23, 1962
attesting to 1ts publication ~1 the official newspaper and notlce
to the applicant.
T~.~. C~A~m~A~ ZS there anyone present who wishes to speak
fc~ thls application1*?
(There was no response. )
THE CF~/~tMAN~ Is there anyone present who w/shes to s~eak
ara/nsf thls appllcatton~?
(~ere was no response. )
Are there any questions?
(There was no response. )
t. fte~ ~nvestlgatlon and /nspectlon the Board f~nds that
th~s propezty occuples the ent/xe block between Mason Drlve
and the water. Th~s lot ~s 300 feet on Broad~aters and 75 ft.
on ~Zason upon whlch the house faces. The west l~ne Is not
usable for a porCh. If a 10 f~. porCh ~s ~O be erected on the
~roadwaters slde It will leave a 25 ft. setback.
There ~s no other house nearby that can be affected.
.%cross the street to the north a resldenco Is situated less
than 35 ft. setback.
Due tO the extreme depth of the lot, 300 feet, the porch
will not /nterfere with any properties in the h~ed/ate area.
Thls applicant has complied with the conditions and
regulations lald down in the Ordinance for a speclal exception
and therefore
was
On motlon of Mr. Gllllsple, seconded by Mr. Rosenberg, It
R~SO~VED that Eugene Hozton, a/c Irma Merr111, ~roadeaters
Cutchogue, New York be granted permission to reduce
yard setback ou aroadwaters Drive to 25 feet.
Vote of the ~oa=d~ nyes~- ~lr. Gllllsple, Mr. ~3ergen, and
Mr. Roser~berg.
TO:
NOTICE
TO
ADJACE:IT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE;
to request a (Variance~(Special Exception) ]Special Permit) (Other) [circLe choice]
2. That Ihe R~erty whic~ is the subject of the Petition is located adjacen~t.~ your property and~des. .
cribed as follows: _ '¢'~ r--O"~ Ct_ L2~ ~ ~ ~ . ~ /~/~ ~ ~ ~,,)~
· . 3. That the property which is the subject of such Petition is located in the following zoning district:
' ,7c h r, ,, - ,--,. ,.
4 That h~ such Petition. the undersigned will request the following rotter:
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
si~ned are Article Sec'~.ic, n ,/
E ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the retief specified above will
be filed in The $outhold Town Clerk's Office at Main Road, 5outhoid. New York and you may then and there
examine the same during regular office hours. (516) 765-~.809.
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 [he date of such
hea~ing in Ihe Suffolk Times and in ~he Long Island Trave~er-Mattituck Watchman, newspapers published in :he
Town of $outhold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Peril' r
Post Office)Address
[Copy of sketch or plan showing proposal
purposes.]
Lo be attached
for convenience
Certifie~
Wish to receive
eervicee .~ the
7' [~ Addreesee,s Addre~
2, ~ Restricted Delivery
COD
I also wish to receive the
following service8 (for en extra
fee):
1. [] Addressee's Address
2. [] Restricted Delivery
)r fee.
Registered [] Insured
[] Certified [] COD
~ Express Mail ~t for
end fee i
STATE ur ,.L ....
COUNTY OF SUFFOLK,
(/-,.j~c~.~ clio_ ,bcingdulysworn, dcposes and says that on the I;'4- day
of ~-~ [~ ~ , 19 ~ , deponent mailed a true copy of the Notice set forth on thc
verse si~e h~reof, directed to each of the above-named persons at the addresses set opposite their rmpectiVe ..
names; that the addresses set opposite ~he names of said persons are ~hc addresses of said persons as shown on
the current assessment roll of the Town of Sou~hold; that said Notices were mailed at thc United States Post Of-
rice at ; that said Nn~ices were mailed to each of ~id persons by
(certified) (registered) mail. ~r~ g~ifTS ~A~. ,~
Sworn to before me this c~
Notary public
HELENE D. HORNE
Not~/Public, Sta4e of New YMk
No. 4951364 ·
Oualff'~l In Suffolk County
Commisaion Expim~ May 22, 19
(This side does not have to be completed on form transmitted to adjo~nin9
property owners.) :
r r