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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