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Home My WebLink About3973 ~ e SUFFOLK CO. HEALTH DEPT. APPROVAL. H.S. NO. '~ - - ....... 4 STATEMENT OF INTENT ~--- ..... - .... :. _ ~ ~ '- THE WATER SUPPLY AND SEWAGE DISPOSAL '\ SYSTEMS FOR THIS RESIDENCE WILL .. ' ' ~ ' '" CONFORM TO THE STANDARDS OF THE ['L ; ~:O,:~.~ SUFFOLK CO. DEPT. OF HEALTH SERVICES. - - - ~ is) , / ' ' . APPLICANT / '7~- - SUFFOLK COUNTY DEPT. OF HEALTH 7 ? SERVICES -- FOR APPROVAL OF' / .: ~: CONSTRUCTION ONLY Z, .' DATE: . . H, $. REF. NO.: :/ ,' ' ' ~ APPROVED: / ./ '?' ~ : ~ ....... , . - . -' ',, :: : ,- '.- ~.'.~ , - , ~ ..... . SUFFOLK CO. TAX MAP DESIGNATION: ..... .' ........ DIST. SECT. BL~K ~L. 'q / ............... OWNERS ADDRE~: .Fro. /.. :' V ~. ~. Xo'~ ~ , ..a X "':~ ,_ ~ ~ ~ ~ _~ , -. TEST HOLE STAMP -' ' ........ " ' ,' . ~ d~ - , ~ 6 ~ ~A~E' '~ sEAL ~FF CO, D. BW,~IALSU[IVEY (NGV~; ' H[~ WATEr~ PE k_ i .... ~EEICK VA~TUY~:-"~. ~ ~' - P.C. ........... LICENSED LAND SURVEYORS GREEN~RT NEW YORK I0 8 ;/ ?/ 'DEC I PROJECT, \ \ \ h MARK NO. ~:4-"Z DRAWING NO 4)' C¢r.-~4 "[o "' Ii eATH~At r L LI !'. .I 1.1 I I I THAN ¢~ ~'o M dl'l biT'r jol-7 IOl"/ ~'FdH ¢ TOT AL '"~ oM I~ F-¢4,,'f P~I~ bN I¢" gel ~Tr IN~. SOIL AND WATER CONSERVATION DISTRICT COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE STANLEY A. PAUZIER December 4, 1990 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Mr. Goehringer: We have completed an inspection for a Site Plan Review of Application Number 3973 - John Milazzo, as you have requested. Presently the property in question is stabilized with a sod cover and protected by a number of trees. There is an existing bulkhead across approximately half the lot/creek border. The other half is unprotected and shows signs of erosion. Most of the parcel slopes toward the creek as do the parcels to either side. The grade is considered moderately sloping with 3 to 8 percent slopes, approximately 6 percent in this case. The property is mapped by the Soil Survey as Riverhead sandy loam, RdB. This soil shows slight limitations for homesites, streets and parking areas, lawns and landscaping and sewage disposal fields. However, for sewage disposal fields there is a pollution hazard to the creek due to the rapid permeability of this soil. The proposed house plan shows that all trees must be removed within 15 feet of the house and 10 feet of the cesspool rings. It does not mention that trees will also be removed to construct the gravel driveway. There will be a substantial amount of soil disturbance to remove these trees since the root systems must be removed. The bare soils will have a high potential of erosion and can then have a tremendous im- pact to the creek due to siltation, if not protected during construction. Once construction is completed the bare soils should be put into a turf type lawn as quickly as possible. Roof runoff should be contained by a system of gutters, downspouts and drywells. The area beneath the proposed wood deck will not be able to sustain any vegetation so as a suggestion, to alleviate the erosion potential, gravel the area beneath. At the creek edge where there is no bulkheading, one of two suggestions may be implemented. One would be to cut back the slope to a natural angle of repose and plant the slope to permanent cover. A second solution could be to continue the bulkheading across the lot, however, this is prohibitively expensive and some surrounding lots also do not have bulkheading. Concerning the installation of cesspool rings it must be noted that the soil type is rapidly permeable as stated before, and we can see no septic tank on the site plan. The Suffolk County Health Department recommends leaching pools to be a minimum of Riverhead County Center I Center Drive, Room E-16 Riverhead, NY 11901 'Mr. Gerard P. Goehrihger, Chairman, Southold Town Board of Appeals (2) Appl. No. 3973 - John Milazzo - December 4, 1990 100' from the high tide mark of surface waters, and the base of the rings to be 2 feet above the water tables seasonal high elevation. Also recommended is a septic tank system. If you have any further questions please feel free to contact us again. Sincerely, ~ Paul A. TeNyenhuis District Technician TRUSTEES John M. Bredemeyen III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ~C 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 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO. 11-1-90-57-2-20 NAME: Salvatore Caradonna / JOHN MILAZZO DATE: NOVEMBER 15, 1990 RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as Lead Agency for the action described below, has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: Unlisted - Peconic CEA DESCRIPTION OF ACTION: Construct a second story addition to an existing residence located at 9 Island View Lane, Greenport, NY on Un-names body of water. LOCATION: Tax map No. 1000-57-2-20 REASONS SUPPORTING THIS DETERMINATION: 1. An on site inspection has been conducted by the Board of Trustees. 2. An environmental assessment, submitted by the applicant and reviewed and completed by the Board of Trustees, has indicated that no significant adverse effects to the environment are likely to occur should the project be implemented as planned. cc: Planning Brd., Bldg. Dept., ~BA, CAC, NYSDEC, COE APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S,~.Q.R.A. TYPE II 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 15, 1990 Appeal No. 3973 Project/Applicants: County Tax Map No. Location of Project: John and Rose Milazzo 1000- 57-2-20 9 Island View Lane, Greenport, NY Relief Requested/Jurisdiction Before This Board in this ?roject: Permission to locate addition and reconstruction of dwelling within 75' of bulkhead, insufficient rear yard, insufficient side yard and total side yards 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 be 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 Board of Appeals, (516) 765-1809. information, please contact the Office of the Town Hall, Main Road, Southold, NY 11971 at mc FORM NO. 3 TO$~N OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ~o~.~..~.,, ~-~ ~ ,. ~ ~/~' ~' ~ ............. , .... "~'~"' ..... ~,~..~.~..~ ~ ~ ~ · --~.~.~.. __ __ .... .. ~'.~ ................ PLEASE TAKE NOTICE that your a~plication dated ~ / ~VO. Street County Tax Map No. I000 Section .... ~..' .... Block .. ~ .. Lot Subdivision ................. Filed Map No ................. Lot No... ' .... . .......... ~.~.(~;...~~~ .. ~.~ ~/ · .~ - ~ ....... _ ..~ .:.z~ ..................... ......... ~ ~ .... ~... RV 1/80 ~ ~/~ ,/ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .......... ~.o...P~......i~.'..l..a..z..z..o. ............................... of 137 ?:Lugs ~d. Name of Appellant Street and Number Municipality ~te~z..Yqr_~- ............ HEREBY APPEAL TO State THE ZONING BOARD Of APPEALS FROM THE DECiSiON OF THE BUiLDiNG INSPECTOR ON APPLICATION FOR PERMIt NO ..................................... DATED ..................... ..~..~.~.l~t.~ WHEREBY THE BUILDING INSPECTOR DENIED TO of ( ) ( ) /,/- ~ John Milazzo Name of Applicant for permit ......... .9....z..s.~.q..v. ~.e..w... ~.e. ............ .~.~p.. g~;. { ~.~.~.t3~...~ ........ ~.,.¥., ................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to construct a one family dwelling 1. LOCATION OF THE PROPERTY 9..Island..ui~.La~e......~r~_~oo~t .......................................... Street /Hamlet / Use District on Zoning Map ~!.s..t..r..i..c..t....!.~..~..~...~S.e.c.t..!.~"n....5..7.....B.!..~.c...k...2....L..~..t....2..~....Current Owner MiZazzo Map No. Lot No. Prior Owner ~. Abbot~ J.Swanson 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Article XXIII Sec. 100-239d (B) Article XXIV Sec. 100-244 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (× A VARIANCE to the Zoning Ordinance or ~oning Map ( A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (1~ (has not) been made with respect to this decision of the Building inspector or with respect to this property, Such appeal was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZBI (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because The present house is znsuffic±ent as a Vacation ResideD~e for 4 people, and is DDt useable or saleable in its present state. The shape of the parcel makes the expansion of the house within sideyard & bulkhead restrictions v~rtually impossible. Tho proposed construction uses the existing foot print along the North & East sides of the site, these are the areas where the house does not c~mply. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because The shape of the site is unique with in the neighborhood and creates difficulties in adhering to sideyard req~]ir~mlents. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because We would ho using sideyards tbx%t are n l ready existing and would not further encroach on the neighbors privacy. STATE OF NEW YORK ) ..~. ~ COUNTY OF ) Sworn to this ..............................................day of ...................................... 19® Notary Publ~.c PATRICIA A. GROSS Notary Public, State of New York IPROJECT I.D. NUMBER 617.210 SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME S. A. Caradonna Milazzo Residence 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) SEE MAP 5. IS PROPOSED ACTION: [] New ~Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: An existing one story structure will be expanded on by adding a second story and expansion of the first floor. 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRiCTiONS? [] Yes [] NO if NO, describe briefly North sideyard and Bulkhead distance do not comply. 9. WHAT IS PRESENT LAND IJE~ iN V~ClNITY OF PROJECT? [] Residential [] industrial [] Commercial [] Agriculture [] Park/Forest/Open space [] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes ~-I No If yes, list agency(s) and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No ~f yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [~ NO I CERTIFY THAT THE INFOrmATION PROVI/Q~D. AB(~E IS TRUE TO THE BEST OF MY KNOWLEDGE ~/ / ~//~ / Signature: . .//~_,~ ./~' .~.~/~' // If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II--ENVIRONMENTAL AS.~SMENT (To be completed by Agency) A A. DOES ACTION EXCEED ANY TYPL~;tESHOLD IN 6 NYCRR, PART 617,127 If yes, con'II'ate the review process and use the FULL [] Yes ~] NO B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. [] Yes ~] NO C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: No C2. Aesthetic, agricultural, archaeological, historic, or other natural or cu[tural resources; or community or neighborhood character? Explain briefly: No C3. Vegetation or fauna, fish, shellfish or wildgfe species, significant habitats, or threatened or endangered species? Explain briefly: No C4. A community's existing plans or goals as officiagy adopted, or a change in use or intensity of use of land or other natural resources? Explain brief No C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. No C6. Long term, short term, cumulative, or other effects not identified in CI-C57 Explain briefly. No C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. No D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No if Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [~ Check this box if you have determined, based on the information and ahalysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: S. A. Carac]Dnna ~. J~ly 12, 1990 2 The N.Y.s. Environmental Qual' INSTRUCTIONS: (a) in--order to answer the questions in this short £AF it is assumed that the preparer will use CUrrently available information ooncernin= the project and the likely impacts Of the action. It is not expected that additional studies, research Or other investigations will b~ undertaken. (b) If any question has been answered Yes the project may he sig- (e) If all questions have been answered No it is likely that the project is noc Signi~i¢~t. (d) En~Vironmental Assessmene Will PrOject result in a laroe ohysical chanqe to the project site or physically alter more than i0 acres of land? 2. Will there be a major change to any unique or 3. Will project alter or have a large effect on a~ existing body o~ water? Yes X 4. Will project have a potentially large imoac= on groundwater quality? Yes X 5. Will project significantly effect drainage flow on adjacent sites? Will project affect any threatened or endangered plan= or animal species? 7. Will project resul~ in a major adverse effect on air quality? ~Yas X 8. Will project have a major effect on Visual ~har- acter of the co.unity or scenic views or vistas known to be important to the co--unity? Yes X 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological, environmental area by a local agency? Yes 10. Will project have a major effect on existing or future recreational opportunities? Yes X 11. Will project result in major traffic problems or ~Yes Will projec't regularly cause objectionable odors, Will ~roject have any impact on public health Wll~ ~ro]ec~ affec~ th~ existing co.unity b~ ~Yes X~o Please complete, sign and return to the Office of tho Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and sub,it other SUpporting documenta- tion. ~ 1. Are there any proposals to chang~ or alter land contours? 2.a)Are there any areas which con~5in wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, concrete barriers, decks, otc? Se If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ' ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ..... ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits Pending on this parcel (or abutting land under your ownership, if any)? State Permit ~ and Nature: Yes Yes ~ *partial (~ No Yes Yes ~ Yes ~ Do state whether or not applications are. pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees ~.Y. Southold, County Health Department Village of Greenport N.Y.S.D.E.C. N.Y.S. Other Suffolk, Greenport Yes No Yes No Yes No Yes No Yes No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or Pucchasers and conditions of sale. (from cqnt~act) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have · you made application to the Town Trustees for an 'inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? 13. Please list present use or operations conducted upon the subject property at this time Vacation Residence and proposed ~m~ Please submit photographs ~or nne record. I certify~that the abo~e statements reliance~y~th~~ Appeals i: 1/88 ~ No are true and are being submitted for considerin~g7 applicat, ion. ~ WETLANDS [Amended H-'_'fi.71; hy L.L. No. 2.1;}7~: ~.2{;- A. TIDAL W~TLANDS: (1} AH lands general ~' cnvm'od or intermittently ered with, or w ~ bordvr on. tidal wa[er:~, or lyin~ beneath tidal waters, which at mean Iow tide . are covered by tidal xvater~ to g maximum depth five (5} feet· inch, ling hut not limited to bank~;. bo~s. salt marsh, swamps, meadows, flat:~ ar other low lying lands subject tn tidal ac:mn: (2) All banks, bogs. meadows, flats and tidal mar:;h subject ~ such tides and Ulmn which grows or may grow some or any of the following: salt hay. black grass, saltworm, sea lavender, tall cordgrass, h/th bu,h. cattail& groundsel, marshmallow and low (3) All land immediately adjacent to a tidal wetland as defined in Sub~eetion Al2) and lyinff w/thin seven. fy-five (75} fee: landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (i) 'Freshwa~r wetlands" as defined in Article 2.1. tlc I. { 24-0107. ~ubdivisious l(a) ~ l(d) inclusive. of the Environmental Conservation Law of the Sta~ of New York: and (2) All land immediately, adjacent t~ a "freshwater wet- land." as defined in Subsection Iii I) and lying' with- la seventy-five (75) feet landward of the most land. dge oi a fz eshxx ater wet 9705 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5513 ARTHUR H. KUNZ DIRECTOR OF F~LANNING February 6, 1991 Town of Southold Zoning Board of Appeals Applicant: John & Rose Milazzo Mun. File No.: #3973 S.C.P.D. File No.: SD-91-3 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. A diminished dwelling size warrants consideration. Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L,L, NEW YORK 11788 (~16) 360-5192 OF ,SOUTHOLD PROPERTY RECORD cARD TOWN OWNER STREET FORMER OWNER -'- '" ~7 / S x ~., /_e/z?.,~o~~, ~d~ ' '' RES. SEAS., , ~ VL. FARM ~ND IMP, TOTAL DATE L ~'~ "~" ~ ' ' AGE BUILDING CONDITION ¢ NEW NORMAL BELOW ABOVE ~ Form Acre Value Per Acre Volue Tilloble Ti~able 2 Tillzbl~ 3 Wcodl~nd Swomplond Brushland House Plot Tctal VILLAGE W DISTRICT SUB. LOT ACREAGE TYPE OF BUILDING Extension Basement I Floors Extension Ext. Walls Interior Finish Extension Fire Place Heat /]~r ~ ¥ / ~ : ,~ 5) ,2~ ~O Porch Attic Porch Rooms Ist Floor Breezeway Patio Rooms 2nd Floor Garage Driveway O.B. ~- fo0k .~ltt b.~ ..~5" ....... 828 FRONT STREET, I~ O. BOX 803 GREENPORT, NY 11944 (516) 477-1016 November 26, 1990 Southold Town Board of Appeals Town Hall, 53095 Main Road PO Box 1179 Southold, New York 11971 RE: APPL NO. 3973 - JOHN AND ROSE MILAZZO Dear Board Members: Please be advised that I represent George and Muriel Baldwin, the owners of property immediately adjacent to the north of the Milazzo lot. While my clients are not opposed, in principal, to an application by the Milazzos, to construct the type of house contemplated, they are very concerned regarding the side yard set back from their property line. Presently, the Milazzos have a one-story dwelling, the northwest corner of which is approximately six feet from the Baldwin's property line. The existing house, however, is built at a very substantial angle away from said property line. As a result, the Baldwins view of the creek is not substanially restricted. The two-story proposed dwelling however, will very drastically impair my clients' water-view. This is especially true because the proposed house and deck would run parallel with my clients' property line and approximately six feet therefrom. The water view from my clients family room would be totally obscured. JKM/lmt enclosure The Baldwins have expressed their concerns to the Milazzos, but no remedial action has been taken. A simple solution is possible. Merely angle the proposed structure on a line (as shown on the enclosed copy of the site plan), so that the house would start at the same proposed northwest corner and end at the northeast corner at a point on the line of the existing structure. Such a lay-out would significantly improve my clients view and, at the same time, locate the structure more equally between the property lines and, therefore, lessen its impact on the adjoining lots. This can be accomplished without any serious impact upon the applicant's request. Very~rull ' ] 7 \. 5 IT[~ PL. AN GREEN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. 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 13, 1990 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil & Water Conservation Peconic Plaza - Route 58 164 Old Country Road Riverhead, NY 11901 Re: Appl. No. 3973 - John Milazzo Dear Mr. Pauzer: We presently have an application pending in which the property owner proposes to construct a new dwelling with an insufficient setback from Conkling Point near the Long Island Sound, off Island View Lane, Greenport, and shown on the attached survey. Also attached is a photocopy of the County TaxMap showing the i~nediate area for your convenience. May we ask your assessment of this project? The public hearing is expected to be hel~ on,November 29, 1990. (If additional information or time is needed, please don't hesitate to let us know.) Your time and efforts are greatly appreciated. Thank you. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosures By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD scoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 12, 1990 Mr. and Mrs. John Milazzo 137 Kings Road Hauppauge, NY 11788 Re: Appl. No. 3973 - Variance Dear Mr. and Mrs. Milazzo: This letter will confirm that your application for a variance has been received and that the Board Members will be conducting inspections as deemed necessary pursuant to state and local laws prior to the hearing on this matter. A copy of the Legal Notice will be forwarded to you within the next few days to confirm the time of the public hearing of your application, calendared for Thursday evening, November 1, 1990. Please note that we are attaching originals of documents which we believe you had intended to file with the Building and Trustee Departments. We are not able to file these documents for you with those offices; you will probably need to submit an application fee or other information. The Building Department may be reached at 765-1802, and the Town Trustees' Office at 765-1892. Should you have any questions concerning your variance application, please feel free to call our office. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosures APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ScoTr 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. 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 ~ruly, Enclosure GERARD P. CHAIRMAN GOEHRINGER Copies to the following on or about 11/13/90-: .... L.I. Traveler-Watchman (delivery 11/13) Suffolk Times, Inc. (delivery 11/13) Bulletin Board (Lobby) Individual ZBA files J. Kevin McLaughlin, Esq. Mr. Herbert Lindtveit (hand-delivery 11/13) Mrs. Beverly Lehr (hand-delivery 11/13) Mr. John Scaramucci, P.O. Box 1043, 2045 Westphalia Road, Mattituck, NY 11952 (Re: Vangi) Mr. Sanford Friemann, P.O. Box 915, Cutchogue 11935 (Re: H & S) Mr. Curt Meyhoefer, 2195 Albertson La, Southold 11971 (Re: Copin) Marie Ongioni, Esq., P.O. Box 562, Greenport 11944 (Re: Copin) John M. Wagner, Esq., P.O. Box 279, Riverhead 11901 (Re: Sun Oil) Donald M. McGayhey, Esq., Box 981, Southold 11971 (Re: Maloney) Mrs. Phyllis Rayne Byer, Box 1161, Cutchogue 11935 Re: Milazzo: ~-~alvator A. Caradonna, 23 W. John St., Hicksville, NY 11801 ~r. John Milazzo, 137 Kings Road, Hauppauge 11788 ~,~rs. Muriel Baldwin, 1045 Island View La, Greenport 11944 Philip J. Cardinale, Esq., P.O. Box W, Main Rd, Jamesport 11947 Marie Ongioni, Esq. (same as above) Mr. Victor Lessard, Principal Building Inspector Mr. Arthur G. Carlson, Box 693, Southold 11971 ~OTIcE OF HEARINGS ~ NOTICE IS HEREBY ~yGIVEN, pursuant to Section · 267 of the Town Law and the . Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 29, 1990 at the following times: 7:30 p.m. ~.ppl. No. 3972-- PETROL STATION LTD. Hearing continued from November 1, 1990. 7:35 p.m. AppL No. 3985-- HERBERT AND CATHER- INE LINDTVEIT. Variances to · the Zoning Ordinance, Article ~.~XXVIII, Section 100-239.4B and Article XXIV, Section 100-244B for proposed one- - story and second-story additions with two-foot over-hangs (can- tilevers). Portion of additions will be less than 75 feet from bulkhead along Corey Creek and will reduce both side yards to less than the minimum re- quired at 10 and 15 feet. The dwelling as exists has noncon- forming side yards, and the lot area and width are also noncon- forming in this R-40 Zone Dis- trict. Location of Property: 625 Windy Point Lane (Private Road #12), Southold, NY; County Tax Map Parcel 1000-87-4-7. 7:40 p.m. Appl. No. 3986-- BARRY AND BEVERLY LEHR. Variance to the Zoning Ordinance, Article III, Section 100-30.2A for approval of the location of accessory building . ~ located in an area other than the 'required rear yard and located w. ithin 75 feet of the bulkhead~ along Goose Creek (a/k/a West Creek). Lot is nonconforming as to lot area and width in this R-40 Zone District· Location of Pro- perty: 15 Sun Lane, Southold; also referred to as Lots 1 & 2 on the Subdivision map of"West Creek Development" filed July 6, 1937 as County File No. 1236. County Tax Map Parcel ID No. 1000-76-1-1. 7:45 p.m. Appl. No. 3988-- ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Ar- ticle XXlll, Section 100-239.4, for oermission to construct garage add]tton wtth a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side yards at less than the required 15 feet and 20 feet. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Loca- tion of Property: 645 Glen Court, Cutchogue, NY; Vista Bluff Map No. 5060, LOt #I; County Tax Map Parcel ID No. 1000-83-1-7. 7:55 p.m. Appl. No. 3987-- H&S ASSOCIATES by Sanford Friemann. Variance to the Zon- ing Ordinance, Article X, Sec- tion 100-102 (Bulk Schedule) for approval of insufficient frontage (lot width) (as exists) along the Main Road of proposed LOt #3 and for approval of insufficient lot depth of proposed Lot 82, in this pending minor subdivision, and for approval of access ac- cording to New York Town Law, Section 280A over a private right-of-way. Zone Districts: B- General Business and Agricul- tural-Coaservation. Location of Property: North Side of Main. Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-24. Total area: 19.596 acres. 8:05 p.m. Appl. No. 3977-- BETTY J. COPIN. Continued from November 1, 1990; 8:15 p.m. Appl. No. 3788-- SUN REFINING & MARKET- ING. Variances to the Zoning Ordinance, Article X, Section 100-102: (1) for permission to es- tablish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area; (2) for inter- pretation as to height limitation of accessory (canopy) structure, and (3) for approval of canopy structure in the front yard loca- tion. Location of Property: Cor- ner of the Easterly Side of Fac- tory Avenue and Northerly Side of the Main Road, Mattituck, NY; County Tax Map Parcel ID No. 1000-142-1-27. 8:30 p.m. Appl. No. 3983-- JANET MALONEY. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100-239.4B for approval of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is nonconform- ing as to lot area in this R-40 Zone District. Location of Pro- perty: 30 West Lake Drive and 2505 Little Peconic Bay Lane, Southold, NY: County Tax Map Parcel ID No. 1000-90-I-25; Cedar Beach Park Lot No. 125, filed Map No. 90. 8:35 p.m. Appl. No. 3981- PHYLLIS RAYNE BYER. Variance to the Zoning Ordi- nance, Article 111, Section 100-30A(I), as disapproved, for approval of second dwelling apartment unit, as exists. Build- lng as exists contains two dwell- ing units and retail store in this Limited Business (LB) Zone District. Lot is nonconforming as to lot area, width and depth. Location of Property: Comer of South Side of Main Road and the East Side of Bay Avenue, Cutchogue, NY; County Tax Map Parcel ID No. 1000-85- 3-2.1. t'~ 8:45 p.m. Appl. No. 3973-- JOHN AND ROSE MILAZZO. Variances to the Zoning Ordi- nance, Article XXIII, Section 100-239.4 [a/k/a 100-239d(B)] and Article XXIV, Section i! 100-244B for permission to ocate addition and reconstruc- tion of dwelling structure with setbacks: (a) at less than the re- tuired 75 feet from the bulk-, ~ead, (b) at less than the re- tuired minimum 35 ft. rear yard ]t its closest point, and (c) at less hah the required 10 ft. and 15 ft. minimum side yards, (d) at less than the total side yards re- / uired minimum of 25 feet. Existing dwelling structure is nonconforming as to the nor- therly side yard, the rear yard, and the setback from the bulk- head. LOt area and width is non- conforming in this R-40 Zone District. Location of Property: 9 Island View Lane, Greenport, NY; County Tax Map Parcel ID No. 1000-57-2-20. ~x~...8..'55 p.m. Appl. No. 3955-- DOMINICK SBLENDIDO"&~ A. AURICCHIO. Interpretation requested regarding second kit- chen facilities and its relation to single-family versus two-family uses, and a variance for addition with an insufficient frontyard setback. 185 Inlet Lane, Green- port. Continued from Novem- ber 1, 1990. 9:15 p.m. Appl. No. 3975-- ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article ,III, Section 100-30 (as disap- proved by the Building Inspec- tor) for permission to accept delivery of shellfish from local waters, to shuck the shellfish, and to deliver or ship the seal- sale diuribution. Sc~llo~ and conches to be deli~.d for off- premises consumption or ~ Zone District: Agricultuml- Comaw~tion (AC). Loc~ion of Southold, NY; County ~ Map Parcel No. 1000-69-5-13.2. Con- tinued from No~nnber I, 1990. The Board of Appeals will at said time and place hear any and all persons or representati~,es de- siring to be heard in each oftbe above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time al- lotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: November 9, 19~0. BY ORDER'OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski IX, 11/15/90 (30) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk Cour~ty; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ................... ~. ...... weeks successive!y, commencing on the ........ ./?-...:~. ...... Sworn to before me this ..................... day of ........... .... Notary Public BARBARA A. SCHNEID~ NOTARY PUBLIC. ~l~t~.of No. 480684~ (~ualified i, Su,qlk Commission ,t NOTICE OF HEARINGS ' NOTf~.~F~REBY GIVEN,~ l~rseant to Section 267 of the Towa:~ Law and the Code of the Town oft Southold, the following bearings? will be held by the SOUTHOLD . TOWN BOARD OF APPEALS at a Regular Meeting, at the Sonthold Town Hall, Main Road, Southold, NY 11971, on THURSDAY¥ NOVEMBER 29, 19~0 ~t the fol- lowing limes: : . '/:30 p.m. Appl. No. 3972 ~ PETROL STATION LTD. Hearin8 conimued from Novembe~ 1, I~90. 7:35 p.m. AppL No. 3985 -- HERBERT AND CATHERINE LIN=,D~E ,TI. yari~nces_to the Z~- ~aa 100-23~.4B and Article XXI~ Sec6en 100-24,1B for i~mpesed ane- two-f~X over-hongs (c~ntilevers). Pe~ian of additiens w~l ba less than 75 feet from holkhoad along Co~y~ Creek and will ~e,i-.e ~ath aide yards to less than the mi~i,~um mqulmd at 10and 15 feec Tbe dweHin~ as exisu has na~canforrni~,g side yards, nnd th~ lac ama and width are also ne~. ¢o~onning in ~ R-40 Zone Dis- trier. Location of Property: 625 Windy Point Lane (Private Road g12), S~uthoM, N~ Caonty T~x Map ~,.~ 1000-~/4-7. 7:40 p.m. AppL No. 3986 BARRy AND BEVERLY LEHR. Variance to tim Zoning Ordinance, Article ill, Section 100-30.2A for approval of the location of amesso~/ building lo~ated in an area other than the required rear yard and located wi~in 75 fee~ of the holk- head along Goose Creek (a/k/a West Creek). Lot is nonconfonnins as to hx a~ea and width in this R-40 Zaae District. Location of Property= 15 Su~ Lane, Saothold; also te. fe~md to as Lots I & 2 on the Subdivision map of 'West Creek Developmont"~ Fded July 6, 1937 as County File No. 1236. County Tax Map Parcel ID No. 1000-76-1-1. " 7:45 p.m. AppL No. 3988 -- ANTONIO VANGL Vmance to the Zoning Ordinance, Article XXXV, Se~tlon 100-244 and A~icle Section' 100-239.4. for permission to ~stmc~ garage addition with a back of less ~an 100 feet from the top of the bluff along the ~dand Seined and with side yards at l~s tlum the mqubed 15 feet and 20 feel T~e dwelling as exists is non- ~-'"-~o~a~ming as to total sideyards, and the lo~a ' '. conforming in this R-40 Zone Dis- IricL Loc~ion of Pmpem/: 645 Giro Main Rand, Ca,begun, NY; Caonty Tax M~o Parcel ID No. 1000-1(~-2- 24. Tmul ama: 19.5~6 ae~L 8:05 p.m. AppL No. 3977 ~ Novonlm' I, 1~90. , 8:15 p.m. AppL No. 3788'-=~ SUN REFINI~G & MARKETING. Variances to the Zoning Ordinance, Ardcle X, Section 100-102: (D-for store use in c~mjunction with and accesso~/to the existing gasoline eel ~ eentaim less than 30,000 tiaa as to height limitation of ac~s- so~ (canopy) structure, and (3) for front yard location. Location of Property: Comer of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mgttiluck, NY; County Tax Map Parcel ID No. 1000-142-1-27. S:30 p.m. Appl. No. 3983 -- JANET MALONEY. Va~lence to the Zoning Ordinnnce, Article XXI~, Sec~e 100-239.4B for approval of deck within 75 feet of bulkhead "eenforming as to lot a~.a, width a~d ~', side yards required minimum of 25 fees. Existing dwelling structure is nonconforming as to the nonheriy slde yard, the mar yard, and tba sot. beck from the bulkhead. Lot area R-40 Zone District. Location of Property: 9 Island View Lane, Oreenport, NY; County Tax Map Pamel ID No. 1000-57-2-20. 8;55 p.m+ AppL No. 3955 ~ DOM~NICK SRLENDIDO & A. AURlfCCHIO. Inte~retation mquesled regardin~ secamt kimhm facilities and its ~.latioa to aln~le- family vexes two-family uses, and a clent frontyard setback. 185 Inlet Lane, G~enport. Continued from 9~15 p.m. AppL No. 3975 ARTHUR O. CARLSON. Interpretation and Variance to the Zoning Ordinance, A~icle I~, See- Ilea 100-30 (as dlsepptoved by the Building Inspector) for permission to aceq~ dellvety of shellfish from local watch, to shuck the shellfish, and to deliver or ship the scallops and/or conches for wholesale dislri- along Hog Neck Bay. Lot is non- hothm. Scallops and conches to be conforming as to let ama in ~ R- ~ ~ ddi~m~ f~ ~ ~ ~e ~ ~ ~ ~ ~ , ~ -'~ ~ ~eL ~e ~: Ag~' - ~: 30 W~ ~e ~ md 2~ mr~atinn (AC). ~sfi~ ~e ~ ~y ~e, ~oM, of Property: 1575 Lower Road, ~; ~my T~ M~ ~ ID No. ~ ~ ~; ~ T~ ~p ~- 10~-90-I-25; Cedar B~ch Pa~ / ~ N~ 1~-5-13.2. C~ 8:35 p.m. Appl. No. 3981 ~ - ~A~sw~at~M PH~ ~ B~ Va~ ~ ~ ~ h~ ny md ~ ~r- ~ 1~-30A(I), as d~, ~ ~ h ~ ~ ~ a~e ~. for approval of se~nd dwell~g '~ W~ ~s my d~ ~ s~ ~ists e~ns t~ dweH~g ~iu ~bj~t h~8. Ea~ ~a~& ~H ~ ~ ~ ~ ~ L~i~ Baal- n~ Ill~ ~fo~ the t~e dlo~. ~ss(~)~e~.~b~. ~ ,.~ Additional time for your p~- Ceun, Cutchogue, NY; Vista Blu~ Map No. 5060, Lot#l; County Ta~ Map Panel ID No. 1000-83-1-7. ' 7.'55 p.m. Apl~. No. 3987 -- H & S ASSOCIATES by Sanford Frle- · mann. ~innc~ tothe Zonin80rdi. nance. Article X, Seeti~t 100-102~! (Bulk ~ule) for ~,~,,~al of in. sufficient frootage 0et width) (as ~xim} along the Main Road of pm- I~osed Lot #3 and for approval of insuf~cinot lot delim of i~ Lot #2, in this pendin8 minor sub- divisian, and for a~,,~al of ~mee~ according to New Yoth Town Law, ~ 2~0A over a I~vme tight-of- wy. Zeae Distdcta: B-Gene~ ~ d~th. Locatlee of Property: Coffer East Side of Bay Arena, Cut~ogue, NY; ~ty T~ mop P~No. I~-~1. ' ~8~45 p.m. Appl. No. 3973 / JOHN AND ROSE MILA~O. Vs' ' · .~nicle ~, Secti~ 100-239.4 {~/a 100-239d(B)} and :~.,~IV, Sec~ I~-244B for~ ~ missi~ to l~t~ additi~ md ~ with se~ks: (a) st less ~an ~qui~ 10 ~. md i~ h. minim STATE OF NEW YORK} } SS: COUNTY OF SUFFOLK} Sharon Rock of Matfituck, in said County, bein9 duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks. successively, commencing on the 15 day of November 1990 PrincJpaJ Clerk Sworn to J~ore me this Dece~nber 12., 1990 wm jdm meer Southold Town'Board Town Ha~l $3095 Ma{n Road ~P.O. Box 1179 ,SOUthO~, New York. 11971 Atterr~ion: Mr'. Gerar~ P. : Re~ ApplicatiDn No. ~9~3-- John eF~I~:)S~ Milazzo Dear Mr. Goehringer: are in receipt, of. copy of the let~er. ~he ~' ha~e been The acrosm the. width .of the letter da~ed Dece~e? 6,i 1990 1990 Soil and Water iproblemB rai consideration :and .'be dealt with by property, along the prevelnt s~il b~ c~t creek where there is no kulkhe~ad.' The. gras.ses and area under the will he directed %hrough the. gut~er.s and a dry Well provided. The site Plan will be am~nde~ to show these [cha~ges. John M. Bredemeyer, I11. President Henry P. Smith, Vice President Albert J. Kmpski, Jn John L. Bednoski. Jr. John B. Tuthill Telephone (516) 765-1892 ~~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 BOARD OF TOWN TRUSTEES Fax (516)765-1823 TOWN OF SOUTHOLD Telephone (516) 765-1800 December 27,1990 Salvator Caradonna 23 West John Street Hicksville, NY 11801 Mr. & Mrs. John Milazzo RE: SCTM #1000-57-2-20 Dear Mr. Caradonna: The following action was taken by the Southold Town Board of Trustees on Thursday, December 20, 1990: RESOLVED that the Southold Town Board of Trustees recess the public hearing and table any further action until the survey can be reviewed. It has been brought to our attention that other agencies might have different plans than the Trustees. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB:jmt cc: CAC ZBA F2UA,~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box ! 179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: INTER-DEPARTMENTAL MEMORANDUM Southold Town Trustees Jerry Goehringer, Z.B.A. Chairman December 20, 1990 Application of John and Rose Milazzo It is our understanding that the Trustees will be considering an application for a second-story addition to an existing foot- print, which may be a different plan than that filed with our office. For your convenience we are furnishing a reduced copy of the print, as amended December 7, 1990, showing construction different from the existing location and driveway, proposed decks, removal of trees, etc. As of this date, the Z.B.A. hearing has been concluded and a decision is expected to be rendered in January. Also attached is a copy of an evaluation report requested by our office from the Soil & Water Conservation District of Suffolk County, and the applicant's proposed measures to mitigate problem areas, for your file. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 December 6, 1990 Louis E. Mazzola, Esq. 324 McKinley Terrace Centerport, NY 11721 Re: Appl. No. 3973 -John Milazzo Variances Dear Mr. Mazzola: Please find attached a copy of an evaluation from the Suffolk County Soil & Water Conservation District Office which was previously requested by our department and received today. The report indicates that there are areas which will disturb stabilization of the land and which are projected to cause a high potential of erosion, etc. in this project. It will be necessary to furnish us, in writing, measures proposed by the owner to be undertaken before, during and after construction to mitigate these problem areas. Please send the above together with a plan with increased setbacks on or before December 13, 1990. Very truly yours, Enclosure Faxed Copy to 822-4279 Office of Salvator A. GERARD P. GOEHRINGER CHAIRM3%N By Linda Kowalski Caradonna APPEALS BOARD MEMBERS Gerard P. Gochringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 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 . Pursuant to Article XIII of the Suffolk County Charter, the Boar~ of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Articl~XIII, Section 100-239.4 and Article-XXIV, Section 100-244B Variance from Determination of Southold Town Building Inspector. Special Exception, Article , Section Special Permit Appeal No.:3973 Applicant: John and Rose Milazzo Location of Affected Land: 9 Island View Lane, Greenport, NY County Tax Map Item No.: 1000- 57-2-20 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 Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to locate oddition and reconstruction of dwelling structure within 75' of bulkhead and insufficient side yard setbacks, rear yard setbacks and total side yards Copies of Town file and related documents enclosed for your review. Dated: Febru. ary I , 1991 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. 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 January 18, 1991 Mr. Salvator A. Caradonna, P.E. 23 West John Street Hicksville, NY 11801 Re: Appl. No. 3973 - John and Rose Milazzo Dear Mr. Caradonna: Our office is in receipt of your January 16, 1991 letter with enclosures. Our secretary advised us that you were going to get back to her after speaking with the Building Department about the minimum flood elevation requirements in this zone, and that you were considering submitting a new application with Sketches A, B and C after your consulting with the Town Trustees. Inasmuch as the submission is incomplete without a complete application, we are returning the same to you in order that you may consult with the Town Trustees before filing a new application with the Board of Appeals. It is not within our purview to file amendments for you to the Town Trustees' application as suggested by your letter and urge you to discuss possible alternative plans with the Town Trustees and the possibility of mitigating the run-off problem at this site. {Also, please be sure to show the nearest wetland line and nearest edge of bulkhead on the plan (rather than an average set-back from bulkhead shown on this preliminary plan)}. Also enclosed is a set of new Z.B.A. application forms for your filing and submission with alternative "building envelope" plans as may later be decided by the Milazzos. Very truly yours, .. GERARD P. GOEHRINGER CHAIRMAN January 16, 1'991 'southold Board of Appeals Town Hall 5~Qg§.Main Road P. O. Box 1179 Sou~hold, N.Y. t~971 'P~fe~ence= · Attention: Ms. Linda Kowai~ki Dear~s Kowalski= Enclosed please fir five ~5)]prints ~of ~1o~ P1 January 16, 1991.* This~ is as per ma~e to me~on' January 15, that there~ are si~e an~ ~ear is a re~lection of their submit ~ese to the Trustees ~or their E~closur~s TO salvatol a, caradonna, building design and engineering Southold Board of Appeals Town Hall 53095 Main Road P.O Box 1179 Southold, N.Y. 11971 23 west John street · I~icksville, n.y. 11801 516 - 822-9310 -- ~J~ - 204-2223FAX #516 822-4279 718 DATE December 21, 1990 ATTENTION: Ms. Linda Kowalski GENTLEMEN: W~ ARE SENDING HEREWITH BLUE PRINT~ [~ 8AMPI. EE M FOLI.O~: RE: Milazzo Resi Variance S, & W. PRINTS [~ PHOTOGRAP~ I-I PWOT(3~I'ATS r-I SHOP DRAWINGS i--] 8PECIFICATIONE I'1 TRACKINGS I-] O~RAWING NO. I NO. OF DATE DESCRIPTION REMARKS i COPIES REVISED A-1 5 Site Plan COPY TO VERY TRULY YOURS, SENT BY OUR MF~SENGER [] RECEIVER'S MESSENGER [] SLUE PRINTER [] MAIL SALVATOR A. CARADONNA PER ~ lohn B. Tuthill BOARD OF TOWN TRUSTEES Telephone (516) 765-1892 TOWN OF SOUTHOLD February 7, 1991 Salvator A. Caradonna, P.E. 23 West John Street Hicksville, NY 11801 RE: John and Rose Milazzo SCTM #1000-57-2-20 SC01-F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765~ 1800 Dear Mr. Caradonna: Confirming our field inspections on February 5, 1991 with Sylvia of your office and Mrs. Milazzo, please be advised that the Southold Town Trustees would encourage you to submit a uniform application to both the Town Zoning Board of Appeals and Board of Trustees. Said application should contain a retaining wall or berm structure to help retain surface runoff on site from entering the creek. Due to the unique circumstance of both your neighbors having a bulkhead on the creek we would not oppose a bulkhead connecting all the properties provided it incorporated one of the above features to help prevent surface run off. The Board would likely require a silt fence be installed prior to construction and require a pervious driveway and drywells for all roof run-off. A landscape or lawn plan incorporating low/little fertilizer requiring plantings is suggested for the area adjacent to the bulkhead area. Thank you for your cooperation in this matter. Very truly yours, John M. Bredemeyer,III President, Board of Trustee JMB :jmt cc: ZBA, CAC, Chris Costopoulos-DEC Southold Town Board of Appeals -17- December 13, 1990 Special Meeting CHAIRMANSHIP FOR 1991. Motion was made by Member Grigonis, seconded by Member Doyen, and duly carried, to recommend the reappointment of Gerard P. Goehringer as Chairman for 1991. (Mr. Goehringer abstained from discussions and vote.) APPROVAL OF MINUTES: Motion was made by Mr. Goehringer, seconded by Mr. Grigonis, and unanimously carried, to approve the Board of Appeals Minutes for the following Meetings: November 15, 1990 Pp. 1-34 Special Meeting November 29, 1990 Regular Meeting. / CONCLUSION OF FINAL (WRITTEN) PORTION OF RECOPy.. 3973 - JOHN AND ROSE MILAZZO. The.~oard ~e.n~.~r~ ac~no~a~ receipt and reviewe~ the documentation suDm~tte~ recen~x x / ~alvatore Caradonna s office and.the soil & Water Conservation District of Suffolk County. Motion was then made by Member J~oehringer, seconded by ~.mbe~.Dini~%~! ~d~u~.a~l~e~~ to conclude the written ~lna±} portion u~.~=.~ o this hearing, and to commence deliberations Board Members indicated that another on-site inspection is ]~cheduled for Saturday, December ~5, 1990. The Ch~lrma~ also indicated that he would like to d~scuss the plan w~th the Trustees President in the near future. FUEL STORAGE TANKS (STATE MANDATED CONTAINMENTS). The board members discussed the recent state mandates concerning fuel tanks, and the Planning Board's memorandum received today concerning Goldsmith and Tuthill's site (1000-60-1-6) and Bergen oil Company (1000-122-6-12). It was agreed that the Z.B.A. will not require variances or special exceptions "to contain these tanks," provided: 1. The containments not exceed three feet around the existing tanks or the concrete base, whichever is larger, and 2. The landowner obtain a building permit, after filing an application and sufficient plans to show the existing tanks and the new containments, and TO salvator a. caradonna, p.e. building design and engineering 23 west John street · hicksville, n.y. 11801 516 - 822-9310 -- ~ - 204-2223 ~x F~ ~o~ //9~ GENTLEMEN: ~ ARE 8ENDING HEREWITH 718 BLUE I~INT~ n e. & W. PRINT~I i~l SHOP DRAWINGS ~t516 822-4279 D^TE ~_c ~,-**~¢- ~~ ~ /¢~'o OI~AWlNG NO. NO. OF DATE DESCRIPTION REMARKS ; ¢OPIEB REVIEED COPY TO VERY TRULY YOURS, ~ENT BY OUR MF~ENGER~] RECEIVER'S ME~ENGERr-I BLUE PfllNTERE) MAIL [] SALVATOR A. CARADONNA PER , APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOFF L. HARRIS Sapervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, Hew York 11971 Fax (516} 765-1823 Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the T~wn Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 29, 1990 at the following times: 7:30 p.m. Appl. No. 3972 - PETROL STATION LTD. Hearing continued from November 1, 1990. 7:35 p.m. Appl. No. 3985 - HERBERT AND CATRERINE LINDTVEIT. Variances to the Zoning Ordinance, Article XXVIII, Section 100-239.4B and Article XXI~., Section 190-244B for proposed one-story and second-story additions with two-foot over-hangs (cantilevers) Portion of additions will be less than 75 feet from bulkhead along Corey Creek and will reduce both side yards to less than the minimum required at 10 and 15 feet. The dwelling as exists has nonconforming side yards, and the lot area and width are also nonconforming in this R-40 Zone District. Location of Property: 625 Windy Point Lane (Private Road #12), Southold, NY; County Tax Map Parcel 1000-87-4-7. ? Page 2 - Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 7:40 p.m. Appl. No. 3986 - BARRY AND BEVERLY LEHR. Variance to the Zoning Ordinance, Article III, Section 100-30.2A for approval of the location of accessory building located in an area other than the required rear yard and located within 75 feet of the bulkhead along Goose Creek (a/k/a West Creek). Lot is nonconforming as to lot area and width in this R-40 Zone District. Location of Property: 15 Sun Lane, Southold; also referred to as Lots 1 & 2 on the Subdivision map of "West Creek Development" filed July 6, 1937 as County File No. 1236. County Tax Map Parcel ID No. 1000-76-1-1. 7:45 p.m. Appl. No. 3988 - ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239.4, for permission to construct garage addition with a setback of less than 100 feet from the top of the bluff along the Long Island S~u,nd and with~side yards at less than the required 15 feet and 20 feet. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; Vista Bluff Map No. 5060, Lot #1; County Tax Map Parcel ID No. 1000-83-1-7. Page 3 Legal Notic~ Hearings to be Held November 29, Southold Town Board of Appeals 1990 7:55 p.m. Appl. No. 3987 - H & S ASSOCIATES by Sanford Friemann. Variance to the Zoning Ordinance, Article X, Section 100-102 (Bulk Schedule) for approval of insufficient frontage (lot width) {as exists} along the Main Road of proposed Lot #3 and for approval of insufficient lot depth of proposed Lot #2, in this pending minor subdivision, and for approval of access according to New York Town Law, Section 280A over a private right-of-way. Zone Districts: B-General Business and Agricultural-Conservation. of Main Road, Cutchogue, NY; 1000-102-2-24. Total area: Location of Property: North Side County Tax Map Parcel ID No. 19.596 acres. 8:05 p.m. Appl. No. 3977 - BE'£T~ J. COPIN. Continued from November 1, 1990. 8:15 p.m. Appl. No. 3788 - BUN REFINING'& MARKETING. Variances to the Zoning Ordinance, Article X, Section 100-102: (1) for permission to establish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area; (2) for interpretation as to height limitation of accessory (canopy) structure, and (3) for approval of canopy structure in the front yard location. Location of Property: Corner of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituck~ NY; County Tax Map Parcel ID No. 1000-142-1-27. Page 4 - Legal Notice Hearings to be Held November 29, 1990 Southold Town Board of Appeals 8:30 p.m. Appl. No. 3983 - JANET MALONEY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for approval of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is nonconforming as to lot area in this R-40 Zone District. Location of Property: 30 West Lake Drive and 2505 Little Peconic Bay Lane, Southold, NY; County Tax Map Parcel ID No. 1000-90-1-25; Cedar Beach Park Lot No. 125, filed Map No. 90. 8:35 p.m. Appl. No. 3981 PHYLLIS RAYNE BYER. Variance to the Zoning Ordinance, Article III, Section 100-30A(1), as disapproved, for approval of second dwelling apartment unit, as exists. Building as exists contains two dwelling units and retail store in this Limited Business (LB) Zone District. Lot is nonconforming as to lot area, ~idth.and depth. Location of Property: Corner of South Side of Main Road and the East Side of Bay Avenue, Cutchogue, NY; County Tax Map Parcel ID No. 1000-85-3-2.1. Page 5 - Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 / 8:45 p.m. Appl. No. 3973 - JOHN AND ROSE MILAZZO. Variances to the Zoning Ordinance, Article XXIII, Section~ 100-239.4 {a/k/a 100-239d(B)} and Article XXIV, Section 100-244B for permission to locate addition and reconstruction of dwelling structure with setbacks: (a) at less than the required 75 feet from the bulkhead, (b) at less than the required minimum 35 ft. rear yard at its closest point, and (c) at less than the required 10 ft. and 15 ft. minimum side yards, (d) at less than the total side yards required minimum of 25 feet. Existing dwelling structure is nonconforming as to the northerly side yard, the rear yard, and the setback from the bulkhead. Lot area and width is nonconforming in this R-40 Zone District. Location of Property: ~ount~ ~Xp~ Parcel : Appl. 9 Island View Lane, Greenport, NY; ID No. 1000-57-2-20. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. Interpretation requested regarding second kitchen facilities and its relation to single-family verses two-family uses, and a variance for addition with an insufficient frontyard setback. 185 Inlet Lane, Greenport. Continued from November 1, 1990. 9:15 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved by the Building Inspector) for permission to accept delivery of shellfish from local waters, to shuck the shellfish, and to deliver or ship the scallops and/or conches for wholesale distribution. Scallops Page 6 - Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 and conches to be delivered for off-premises consumption or sales. Zone District: Agricultural-Conservation (AC). Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2. Continued from November 1, 1990. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: November 9, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. 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 January 31, 1991 Louis E. Mazzola, Esq. 324 McKinley Terrace Centerport, NY 11721 Re: Appl. No. 3973 - John and Rose Milazzo (Variance) ear Mr. Mazzola: Transmitted for your records is a copy of the official findings and determination in the above matter which was rendered by the Board of Appeals at our January 11, 1991 Regular Meeting. Yours very truly, GERARD P. GOEHRINGER CH . By Linda Kowalski Enclosure Copy of Decision to: Mr. Salvatore A. Caradonna, R.A. J. Kevin McLaughlin, Esq. Southold Town Building Department Southold Town Trustees Suffolk County Planning Commission IN THE MATTER : OF : MILAZZO ZONING APPLICATION : TOWN OF SOUTHOLD : STATE OF NEW YORK) COUNTY OF SUFFOLK) AFFIDAVIT I, JOHN J. BRESLIN, JR., being duly sworn, depose and say: THAT I am Vice President of Breslin Appraisal Company, Incorporated, a full service real estate appraisal and consulting company; THAT I am a licensed real estate broker and have testified in the Supreme Courts of Nassau and Bankruptcy Court and before most Nassau and Suffolk Counties. Suffolk as well as the Federal town and zoning boards throughout I have been requested by the applicants, John and Rose Milazzo, to give an opinion as to the effect the proposed addition will have on the community. In making my evaluation I have inspected the subject property, and the surrounding neighborhood, reviewed the plans for the addition and researched town records. BRF_,SLIN .~PPI~AISAL CO.. INC. DESCRIPTION OF EXISTING USE The subject parcel is a very irregular plot that on Island View Lane in the unincorporated portion of The plot also has frontage and ownership of a portion of creek which is a tidal tributary of Peconic Bay. is situated Greenport. a The plot is accessible via Island View Lane which is a combination of a private road and an unpaved right of way. The subject plot has a frontage of 33 feet and opens up to a width of about 62 feet at the creek. The aggregate plot area is 8,124 sq. ft. The plot is improved with an older one story cottage, 16 x 32 or 512 sq. ft. The zoning is R-40 which requires 40,000 sq.ft, of plot area and setbacks as shown on the attached sheet. APPLICANTS' PROPOSAL The applicants propose to renovate and enlarge the existing 512 sq.ft, cottage into a two story dwelling containing approximately 2,000 sq. ft. BRESLIN APPRAISAL CO.. INC. The proposed structure will be situated on the plot so that the northerly line of the proposed residence will be 5.7 feet from the adjoining Baldwin property. The existing cottage is 5.7 feet from the adjoining property at its closest point and 12.7 feet away at its most distant point. EFFECT ON NEIGHBORHOOD The applicants' proposal to renovate and enlarge the existing substandard cottage into a year round 2,000 sq. ft. dwelling will have a positive effect on the Island View Lane community for the following reasons: (1) The existing cottage being only 512 sq. ft. is the smallest structure in the community and by increasing its size the dwelling will be more in keeping with the current neighborhood standards. (2) The newly renovated structure will be a modern year round residence that will have a significantly higher market value than the existing structure and in addition will have a higher value than most of the surrounding homes. (3) The existin~ cottage in its present size cannot be financed by way of a conventional mortgage due to the Fannie Mae underwriting guidelines. BR~I~IN APPRAISAL CO.. INC. (4) (5) The proposed residence will not be any closer to the Baldwin property than it already is at its closest point, i.e. 5.7 feet. As can be seen from the photographs that will be submitted by the applicants, that although the waterview of the adjoining property owner to the north, i.e. Baldwin, might be slightly reduced, it will most definitely not be eliminated or even significantly reduced. CONCLUSION In conclusion, therefore it is my opinion that the applicants' proposed renovation of their existing cottage will have a beneficial effect on the Island View Community as a whole and it is consistent with the ongoing trend of renovating and enlarging older beach cottages into more modern year round residences. Sworn to before me this 29th day of November 1990 Respectful!y submitted, PRE~VDENT BI~ESLIN APPI~AISAL CO.. INC. SURVEY OF SUBJECT PROPERTY LICENSED LAND SURVEYORS GREENPORT NEW YORK BRESLIN APPRAISAL CO., INC. H.S. NO. ~'T,&.TEME~NT OF INTENT THE WATER SUPPLY AND S~NAGE DISPOSAl. ~E~ FOR THIS RESIDENCE W~L CONFORM TO THE ~ANDAR~ ~ TH/ ~FFO~ CO. DE~. OF HEALTH ~RVI~. ~ICANT ~FFO~K COUNTY D~T. ~ HEALTH SERVICES -- FOR APPROVAL OF COaRSeN ONLY DATE: H. S. REF. ~.: A~OV~: ~FF~ CO. TAX MAP DESIGNATION: DI~. ~. BL~K ~L. ;~ '~ ' ~-' ~'3 \ I BRESLIN APPRAISAL CO.. lNG. ~T ~) (~dmm No. Tewu d 8outbdd Bulk 8ebMuM hr Reddea~d lYdriets [Added 1-10.80 b~ l,L. Ne. I-INSJ i ii iii Iv v *~ d ix · Jcl Paddemid Ihdt Water mod Sever Dwellingu in R'.80 DMr~e~ AG R-80 R-I~0 R-M0 R-400 lid RR BO A-,Mldde Minimum P.~M Jer l-BsmflF cb~w. Jud dwellinlt~ l~ dep~ (fmt) ~0 ]75 ~0 ~0 400 400 ISS 120 17~, 80 Side y~rd (fmt) 20 15 20 O0 BO 80 15 15 15 15 Ik~ side yu~b (bet) 4S SS 45 60 60 So SS O0 SS 30 Bmtr yard (fe~) 75 M 75 86 100 lO0 SS 35 M 30 AS unit) Mo~imum permitted dim Lf2t eoveru~ (per.t) 20 20 20 tO 5 $ SS 25 20 SS I0 Building heigh~ (fe~t) SS SS SS SS SS SS SS SS SS SS ;16 NOTES: chapter and Dmwlty md Minimum l~t 8be Schedub ~ ~ d~ JOHN J. BRESLIN, JR. QUALIFICATIONS Licensed Real Estate Broker Vice President Breslin Appraisal Co. - a full service real estate company involved in the appraisal of all types of property in addition to sales, management, leasing, mortgaging, and consulting work. Attorney - Licensed to practice Law in the State of New York EDUCATION J.D., St. John's University Law School B.B.A., Siena College, Loudonville, NY, Major - Accounting Society of Real Estate Appraisers, Course 101 Independent Fee Appraisers, Course 101 Various seminars, lectures, conferences on real estate appraising. Long Island Real Estate Board, Broker's Course Long Island Builder's Institute, Fundamentals of Home Building. PROFESSIONAL SOCIETIES Member, Long Island Board of Realtors Member, Long Island Board of Realtors, Appraisal Division Candidate Member, Chapter 201, Society of Real Estate Appraisers Associate Member~ Independent Fee Appraisers Member, New York State Bar Member, Nassau County Bar Association Member, Suffolk County Bar Association Engaged in all forms of real property appraising including residential, commercial, industrial, and special purpose. Recognized as expert, Recognized as expert, Recognized as expert, Recognized as expert, Recognized as expert, Recognized as expert, Recognized as expert, Recognized as expert, Recognized as expert, Town of Huntington Zoning & Town Boards Supreme Court, Nassau & Suffolk County Town of Brookhaven Zoning Board Town of Islip Zoning Board Village of Asharoken Village of Rockville Centre Town of Smithtown Zoning Board Town of North Hempstead Zoning Board Town of Oyster Bay Town Board ]~RESLIN APPRAISAL CO.. INC. PAUL J. HEFFERNAN Licensed Real Estate Broker NORTH ROAD-ROUTE 48 SOUTHOLD, NEW YORK 11971 Res.: 516-477-0285 Office: 516-765-2700 November 9, 1990 Southold Town Board of Appeals Southold Town Hall Maln Road, County Rt. #25 Southold, New York 11971 Dear Sirs: Re: Improvements on property owned by Mr. & Hrs. 3ohn Milazzo, located at 1165 Island View Lane, Greenport, NY 119~. As a home owner on Island View Lane for )0 years, and Real Estate Broker selling and leaslng properties in the area for the past 18 years, I wlsh to comment on the addltlon Mr. & Mrs. 3ohn Hilazzo plan to make on their home. Over the years a number of these small cottages have been improved upon to the asset of the Island View Lane community. Since the precedent has been set, and other summer residences have been turned lnto year round homes, I see no reason for any objections to the Milazzo's plans. Paul Heffer~an New York State Department of Environmental Conservation Region I Headquarters SUNY, Building 40, Stony Brook, NY 1179 0-23.56 (516) 751-]389 Thomas C. Jorling Commissioner John Milazzo 137 Kings Rd. Hauppauge, NY ]]787 July 3], 1990 Re: Permit #]-4738-00]12/00001-0 Dear Mr. Milazzo: In conformance ~iu[~ the requirements of the State Uniform Procedures Ace (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any con- ditions, please contact us at the above address. Also enclosed is a permit sign which is to be ~onspicuously posted at the project site and protected from the weather. Very truly yours, George W. Hammarth Sr. Environmental Analyst ow~/~w enclosure ref:coverltr 1-4738-00112/00001-0 NEW YORK STATE DEPARTMENT DE ENVIRONMENTAL CONSERVATION PERMIT Under the Environmental Conservation Law i Article 15, Title 3; 6NYCRR 327, 328, 329: Aquatic Pesticides i Article 15, Title 5: Protection of Water I Article 15, Title 15: Water Supply I Article 15, Title 15: Water Transport I Article 15, Title 15: __ Long Island Wells I Article 15, Title 27: __ Wild, Scenic and Recreational Rivers EFFECTIVE DATE July 31, 1990 EXPIRATION DATE(s) August 31, 1992 6NYCRR 608: Water Ouality Certification -- Article 17, Titles 7, 8: __ SPDES -- Article 19: __ Air Pollution Control* Article 23, Title 27: Mined Land Reclamation J~--] Article 24: Freshwater Wetlands N--New, R--Renewal, M--Moditicatibn, C--Construct (*0nly), O--Operate (*only) [-~l Article 25: Tidal Wetlands l~--] Article 27, Title 7; 6NYCRR 360: Solid Waste Management* [~1 Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management ['--"---J Article 34: Coastal Erosion Management J'-'--~ Article 36: Floodplain Management J---~-J Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control PERMIT ISSUEO TO John Milazzo ADDRESS OF PERMITTEE 137 K£n~s Rd.. [-lauooau~e. Ny 11787 Salvator 3... Caradonna. 23 t/est John St.. H£cksville~ NY 11801 Pecon£c Ba'/; 9 Tsland V'iew Lane: SCTH ~il000-05~-2-20 LOCATION OF PRO)ECT/FACILITY COUNTY J TOWN~'[j~.I.~j~. UIM COORDINATES Southold Suffolk / Southold DESCRIPTION OF AUTHORIZED ACTIVITY Expand an existing signle family dwelling and install a new septic system as shown on the attached site plan by Salvator A. Caradonna, P.E. dated 6/26/89. GENERAL CONDITIONS By acceptance o! thll permit, lhe Rermirtee asree$ thai the permil is ¢ontinsent upon strid compli- ance with the ECL, all applicable re~ulatlons and the co~itlom ~clfled herein or attached hereto. 9 Any m~,f ic al,on of thi~ ~rmit gr~v~e ~r~t~stb ..... iting and attached hereto July 31~ 1990 J Christine J. Cost0ooulosl ,~--2Sc ,IONAL GENEIIA~ CONDITIONS FOR ARTICLES 1S ~ritle 5}, 24, 25, 34, ~ and & NYCRR Part ~ ( J That if future operations by the State of New York require an al- teration in the position of the structure or work herein authorized, or if. in the opinion of the Department of Environmental Conservation 14 it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the pa~)le of the State. or cause loss or destruction of the natural resources of the State. the owner may be ordered by the Department to remove or alte~ the structural work. obstructions, or hazards caused 15 the~o~ with(~t expeme to the State. and if. upon the expiration or revocatto~ of this pem~it, the structure, fill. excavation, or other 16. modificatf~e of the wate~ourse hereby authorized shall not be com- pleted, the owne~, shall, without expense to the State. and to such Com~flfalkm m~F ~lUi~ mmov~ all or any pe~km of the ur, completed struclm~ or fill ~d ~ to its former co~diUon the navisable and ,",~,~ capecJ~ of the watlfl:ourse. No claim shall be made apimt the ~toto of Nm~ Ym~ o~ account of any such removal or alteration. 17. 11. That the State of NIw York shill in no cate be liable for Im¥ damqe or in~l~ tu the structure or work hefl.qn authorized which m~,*he caused 18. by or r~ult from ruble opeca~ons undertaken by the State for the coma~atlml or Imp~ov~q~ of navisa~lofl, o~ for other pofporex, and no claim or ~ to comp~quation slmll accrue from any such damage. 12. Crentifl~ of t4ds p~mit does flo~ relieve tho applicant of the responsi* bility of ol~at4dn~ ar~ othe~ pe~nissiofl, consent or approval from 19. ~ U.S. ^m~y Corp~ of Enlio~rso U.S. Coast Guard, N~w York State Offlc~ of GWAex~ ~l~ls Or kxal invemment which may he ~quimd, 13. All flecexse~' ppecamim~ droll be taken to preclude cnotamination of m~, ~ ~ w~lmway b~ suspendnd solids, sedimenf~, fuels, sulvenl], lul~i~am~ ~ coatiflp, paints, concrete, leachata or any ) other environmentally deleterious materials associated with the proiect. Any material dredged in the prosecution of the work herein permitted shall he removed evenly, without leavinS large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. There shall be no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of this permit, the proiect hereby authorized has not been completed, the applicant shall, without expense to the State. and to such extent and in such time and manne~ as the Department of Environmental Cnose~ation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York oft account of any such removal or alteration. If 8rantad under Article 36. this permit does not signify in any wav that the project will be free from floodlns. If sranted under 6 NYCRR Part ~O~. the NYS Department of Environ- mental Conservatio~ hereby certifies that the subiect project will not contravene effluent limitations or other limitations or standards under Sectious 301. 302. 303. 306 and 307 of tho Clean Water Act of t977 (PL 95-217] provided that all of the conditions listed herein are met. All activities authorized by this pemtit must be in strict conformance with tho. approved plans submitted by the applicant ~ his agent as part of the pa~mit application. Such app,-ed, plans were prepared by no SPECIAL CONDITIONS 1. Hay bales shall be staked end to end in a line 10' landward of mean high water along the unbulkheaded section of the shoreline. These hay bales shall be in place before any construction begins and shall remain in place until all phases of construction are complete and all disturbed areas are permanently revegetated. 2. All excess construction material and debris shall be removed off site for disposal. 3. Prior to the ultimate expiration of this permit the permittee will cause all fill and exposed faces to be vegetated to prevent erosion. 4. Roof runoff shall be directed to drywells for on site recharge. 5. Ail components of the new septic system (septic tank and leaching pools) shall be installed a m~imumof 2 feet above the level of seasonal high groundwater. Sunnlemetnary Special Conditions (A) thru (J) attached. DEC ~gMIT NUMAR 1-4738-00112/00001-0 PROGRAM/FACILITY NUMBER ' Page 2 of 3 New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of work approved and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Regional Permit Administrator Permit N umber/~ ~~1~'/~ ~;~'C Expiration Date ~~' - NOTE: This notice is NOT a permit JUDITH T. TERRY TOWlq CLERK REGISTRAR GE VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 TO: FROM: RE: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, SOUTHOLD TOWN CLERK ZONING APPEAL NO. 3973, JOHN MILAZZO ~ Transmitted is application for variance submitted by JOHN MILAZZO, together with Notice to adjacent property owners, Notice of disapproval of Building Inspector, Suffolk County Department of Health Services Notice of Non-Conformance, Application for construction of septic system, survey showing house to Town Board, Copy of Application to Town Trustees; Copy of deed; Short Environmental Assessment Form; Questionaire submitted to Board of Appeals; Permit issued by New York State Department of Environmental Conservation dated July 31, 1990; Photos and maps. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o[ the Petition of : J~HN & ROSE MILAZZO : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold torequest a IVariance) (Special Exception) (Special Permit) (Other) Icircle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 9 ~sland View Lane, Greenport. SEE RIDER #1 That the property which is the subiect of such Petition is located in the followingzoning district: 3istrict 1000 Section 057 Block 2 Pcl. 20 4 1ha! h~, ~udl Peliti,Jn, the undersigned will request Iht' following relief: Proposed construction i._s_ t_e_s~s_~t_h_a_n__7~_f_t_.__f_r_om Bulkhead, s~_d_~eyards do not meet required setbacks. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article X_~Section 100-239 al(B) 100,244 [ ] Section 280-A, New York Town Law for approval of access over rtght(s)-0f-way. 6. That within five days from the date hereof, a written Petition requestin8 the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. {516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published al least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Post Office Address Tel . [copy of sketch or plan showing proposal to be attached for convenience purposes.] 078 207 302 P 072, 207 299 07& 207 300 078 207 New York State Department of Environmental Conservation Region I Headquarters SUNY, Building 40, Stony Brook, NY 1179. 0-23.56 (516) 751-.1389 Thomas C. Jorllng Commissioner John Milazzo 137 Kings Rd. Hauppauge, NY 11787 July 3], ]990 Re: Permit #]-4738-00112/00001-0 Dear Mr. Milazzo: In conformance ~i[h the requiremenu$ of the State Uniform Procedures Acc (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any con- ditions, please contact us at the above address. Also enclosed is a permit sign which is to be ~onspicuously posted at the project site and protected from the weather. cw~/~w enclosure Very truly yours, George W. Hammarth Sr. Environmental Analyst ref:coverltr 1-4738-00 ] 12/00001-0 NEW YORK STATE DEPARTMENT DE ENVIRONMENTAL CONSERVATIO PERMIT Under the Environmental Congervafion Law j Article 15, Title 3; 6NYCRR 327, 328, 329: Aquatic Pesticides Article 15, Title 5: __ Protection of Water Article 15, Title 15: __ Water Supply Article 15, Title 15: __ Water Transport Article 15, Title 15: __ Long Island Wells ]Article 15, Title 27: __ Wild, Scenic and Recreational Rivers -- 6NYCRR 608: __ Water Quality Certification [~-1 Article 17, Titles 7, 8: SPDES -- Article 19: __ Air Pollution Control* -- Ad/cie 23, Title 27: __ Mined Land Reclamation -- Article 24: __ Freshwater Wetlands N--New, R--Renewal, M--Modification, C--Construct (*only), O--Operate (*only) July 31, 1990 August 31, 1992 Article 25: · Tidal Wetlands Ad/cie 27, Title 7; 6NYCRR 360: · Solid Waste Management* Art/cie 27, Title 9; 6NYCRR 373: · Hazardous Waste Management Article 34: · Coastal Erosion Management Article 36: · Floodplain Management Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control P~RM~T ~SSUED TO John Milazzo ADDRESS OF PERMITTEE 137 Kings Rd.~ Hauppauge, NY 11787 AGENT FOR PERMITTEE/CONTACT PERSON TELEPHONE NUMBER Salvator A. Caradonna. 23 West John St.. Hicksvillo: NY ]1801 NAME AND ADDRESS OF PROJECT/FACILITY (if different from Permittee} Peconic Bay; 9 Island View Lane: SCTM 1/1000-057-2-20 LOCATION OF PROJECT/FACILITY COUNTY TOWJ'~Tj~,~ UTM COORDINATES Southold Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIVITY Expand an existing signle family dwelling and install a new septic system as shown on the attached site plan by Salvator A. Caradonna, P.E. dated 6/26/89. GENERAL CONDITIONS By acceptance of this permit, the permlttee agrees that the permit is contingent upon strict compli- ance with the ECL, all applicable regulations and the conditions specified herein or attached hereto. The permittee shall file in the office of the appropriate regional permit administrator, or other office designated in the special conditions, a notice of intention to commence work at least 48 hours in advance of the time of commencement and shall also notify him/her promptly in writing of the completion of the work the public interest so requires pursuant to ECL §71~)g01 and S^PA §401(3) 3 The permittee has accepted expressly, by the execution of the application, the full legal responsibility for all damages, direct or indirect, of whatever nature, and by whomever suffered, arising out of the project described herein a~d has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and descrip 4 The Department reserves the rigbt to modity, suspend or revoke this permit at any time after due notice, and, if requested, hold a hearing when: a) the scope of the proiect is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations are found: o~ b) the permit was obtained by m~s~epresentation or failure to disclose relevant facts; or To maintain a valid permit, the permittee must submit a renewal application, i~cludin~ any forms, fees or supplemental informalio., which may be required by the Department, at least 30 days prior to the expiration date of the existm~ permit (1~ days prior for: State pollution discharge ebminaPon system permits (SPIES). Solid waste management facilities permits (SWMF), or Hazardous waste management JaciJities permits {HWMF)) ,~sued heretofore by the Department or any of the terms, conditions, or requ,rements contained in~ t[Asuch order o~ demrminat~l~ PERMIT ISSUANCE DATE Pi~MIT-ADMINISTRATOR ADDRESS STATE UNI~RSITY OF ~ YORK ] July 31, 1990 Christine a. Costopoulos gTO~MM~w:~w.~om~ ~t~.zJs& 95.2o.6a (1186)-- 25c ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title S), 24, 2~, 34, 36 and 6 NYCRR Pa~t 10. That if future operations b~/ the State of New York require an al- teration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State~ or cause loss or destruction of the natural resources of ~ State, the owner may he ordered by the Department to remove or alter the structural work, obstructions, or hazards caused 15. thereby without expense to the State, and if, upon the expiration or revocation of this pofmit, the structure, fill. excavation, or other 16. modificafio~ of the watescou~se hereby authorized shall not be com- pleted, the ownea, shall, without expense to the State. and to such extem end in such time and menn~ as the Deportment of Environmemal Conse~,-_~m,_. m~ mqal~ remove all or any poffion of the uncompleted structu~,e ns fill am~ restore to its former condition the navigable and flood,-:.,-~!~ of b~ watorooutso. No claim shall be made against the State of Now York on account of any such removal or alteration: 11. That the State of ~ York. shell in no case be liable for any damage ot inimy to the structure or work heroin autho~zed which may'be caused by or result from future o~erations undertaken by the State for the conservatioa or im~m~ement of navigation, or for other purposes, and no claim or right to comlx.,msation shall accrue from any such demage. 12. Crenting of this permit does not relinve the applicant of the responsi- bility of obtainin$ any other pofmiasion, consent or approval from the U.S. Am~ Coq~ of Enginoers, U.S. Coast Cuard, N~w York State Office of General ~ or local ~ovemme~t which may be required. 13. All neceasa~f ~ shall be taken to preclude contamination of any wetlam~ a~ wa~fway by suspended solids, sediments, fuels, solvnots, lul~ca~ ~oxy coatings, paints, concrete, leachato or any other environmentally deleterious materials associated with the proiect. 14. · Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. There shall he no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made a~ainst the State of New York on account of any such ~moval or alteration. 17. I~ranted under Article 36, this permit does not signify in any way that the project will he free from flooding. 18. If granted under 6 NYCRR Part 608, the NYS Department of Enviren- mental Conservation hereby certifies that the subject proinct will not contravene effluent limitations or other limitatimts or standards under Sections 301. 302. 303. 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 19. All activities authorized by this permit must be in strict conformance with the.appnsved plans submitted by the applicant ~' his agent as part of the permit application. Such approved plans were prepared by SPECIAL CONDITIONS 1. Hay bales shall be staked end to end in a line 10' landward of mean high water along the unbulkheaded section of the shoreline. These hay bales shall be in place before any construction begins and shall remain in place until all phases of construction are complete and all disturbed areas are permanently revegetated. 2. All.excess construction material and debris shall be removed off site for disposal. 3. Prior to the ultimate expiration of this permit the permittee will cause all fill' and exposed faces to be vegetated to prevent erosion. 4. Roof runoff shall be directed to drywells for on site recharge. 5. Ail components of the new septic system (septic tank and leaching pools) shall be installed a m~imumof 2 feet above the level of seasonal high groundwater. Sunnlemetnary Special Conditions (A) thru (J) attached. DI[C PERMIT NUMBER ]--4738--00 I ] 2/0000 PROC RAMffACI LITY NUMBER · Page 2 of 3 SUPPLEMENTARY SPECIAL CONDITIONS The following conditions apply to all permits: If any of the permit conditions are unclear,the permittee shall con- tact the Division of Regulatory Affairs at the address and telephone noted below. A copy of this permit with supplementary conditions and approved plans shall be available at the project site whenever authorized work is in progress. The permit sign enclosed with the permit or a copy of letter of approval shall be protected from the weather and posted in a con- spicuous location at the work site until completion of authorized work. D. At least 48 hours prior to commencement of the project, the permittee shall complete and return the top portion of the enclosed receipt form certifying that he is fully aware of and understands all provisions and conditions of this permit. Within one week of completion of the permitted work, the bottom portion of that form shall also be com- pleted and returned. E. For projects involving activities to be accomplished over a period of more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to the commencement of resumption of work each year. F. If project design modifications take place after per'it issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modi- fications. The permittee is advised that substantial modification may require submission of a new application for permit. Ail necessary precautions shall be taken to preclude contamination of any wetlands or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violatien of the Environmental Conservation Law. I. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, NY District, 26 Federal Plaza, New York, NY 10278, (Attention: Regulatory Functions Branch), prior to commencement of work authorized herein. J. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242, which may be required for any encroachment upon State-owned lands underwater. Regional Permit Administrator NYS Dept. of Environmental Conservation Bldg. 40, SUNY-Room 219 Stony Brook, NY 11790-2356 (516) 751-[389~ Page 3 of~ CNARLES T, I~HLTOI! Chief, ~'~,INE REGULATORY SECTION 1~S DEC, Bureau of t~rine Habitat Protection Bldg. 40, SU~, Rm. 225 Stony Brook, N. Y. 11794 Re: Permit Ho. Issued To. Contractor's Address. Contractor's Phone # Dear Sir: Contractor's Name Pursuant to General Condition No. 1 of the above referenced permit you are hereby notified that the authorized activity shall cormnence on · This Notice is to be sent at least txm days in sd.- vance of commencement of the project. The Permit sign will be posted at the site and copy of Permit will be available at site for inspection. Submitted by ~ATE, FAILURE TO NOTIFY 0R POST SIGE UILL LEAV~ OIEIER/A~ID/OE COI'.~P~CTOR SUB JECT TO APPLICABLE PEIlALTIES FOR NOt!-COI~LIA~ICE-I~ITH_PERMIT CO~ITIOIf~. Clk~P-LEB T. }k~iILTOH Chief, Marine Regulatory Section UYS DEC, Bureau of Marine Habitat Protection Bldg. 40, Sb/~Y, Rm. 225 Stony Brook, N. Y. 11794 Re: Permit 1Io. Issued To. Contractor's Address. Contractor's Phone # Dear Sir: Contractor's ~ame Pursuant to General Condition No. 1 of the above referenced Permit, you are hereby notified that the authorized activity was completed on Submitted by DATE: ~IIS NOTICE, NITH PtlOTOS OF COI.~LET2D UOP-K AND/OR COt~LETED SUP. VEX, IS TO BE S~.l~f TO ABOVE ADDRESS PROI~TL¥ UPO1', CO1,'~LETIOI~ OF PROJECT. FAILURE TO NOTIFY %,riLL LEAVE Ot~:ER ~2~q)/OR COL~RACTOR SUBJECT TO APPLICABLE PENALTIES FOR HO~-COI~LIAHCE WITH PEP~IT COt~DITIONS. PRO~J' suf Lk COUNt? CLERk'S OFFiC= JULIETTE A. KINSELLA COUNTy CLERK 516-548-3418 We have recorded the enclosed Deed as you requested. Please note the large numbers in the upper left corner of the face-page identified as "Liber" and "Page". If in the future you find it necessary to COmmunicate with this office concerning this dOCument, please indicate the Liber and Page numbers in your request. Be assured that we are here to serve you and will do all i. our power fo safeguard these vital records. HAP YATION F 3OO Sincerely. JULIETTE A. KINSELLA. COUNTY CLERK ,l~t3G6 CONSULT YOUR LAWYER BEFOR~ SIGNING THLr~IHST.~R~UMENT_THiS INSTRUMENT SHOULD BE USED~BY LAWYERS ONLY. 986? 293 THIS IND~ made BETWE. F_,N 16th day of August , ~neteenhundredand eighty-five DOROTHY I. ABBOTT and OANET T. SWANSON, both residing at: (no #) Skunk Lane, Cutchogue, New York, as joint tenents and not as tenants in common. party of the first pa~, and his wife, JOHN P. MILAZZO and ROSE L. MILAZZO;' presently residing at: 137 Kings Road, Hauppau§e, Nm: York. : FlAP NATION / party of the second pa~, WI'I'N~H, that the party of the llrst part, in consideration of TEN dollars. lawful money of the United States, and other lawful consideration paid by the party of the second [)art, does hereby grant and release unto the party of thc second part, the heirs or succes~rs and assigns of the party of the second part forever, (See ~fi~K~O~).?ich is attached hereto, and made a part hereof, designated as ¸-% '-rRAHSFER~{! ~ , sUFFOL~ .. COUt'~Vf ALL that certain tle No. 121-S-1013 oCIII~DULI!, A plot, piece or parcel of land, situate, lying and being in the Town of ,qouthold, County York, bounded and described as follows: BEGINNING at an iron pipe of Adam Pekunka and land conveyed pipe being 35 feet northerly along the northerly line of land now or M. Pitt; of Suffolk and State of New set on the boundary line between land by Frank E. llorn to Casamisina, said said line from its intersection with formerly of Arciprete formerly Francis RUNN1NG THENCE along said land of Pekunka, North 26 degrees 53 minutes 50 seconds West, 33.0 feet to an iron pipe; TIIENCE along land now or formerly of Engelhardt, formerly Frank E. llorn the following 3 courses and distanes: (1) At right angles to the last described course, North 63 degrees 06 minutes 10 seconds East, ]6.0 f~et to an iron pipe; (2) South 88 degrees 12 millutes East, 168.7 feet to an iron pipe; (3) South 24 degrees 45 minutes East, 134.35 feet to an iron pipe set at the edge of the creek; TIIENCE Northwesterly along the creek, 10 feet, more or less to 'an iron pipe; THENCE along said land conveyed to Cassamisina, the following courses and distances: (1) North 50 degrees 24 minutes West, q0.25 feet to an iron pipe; (2) North 74 degrees lq minutes Wost, 136.0 feet to an iron pipe; (3) South 63 degrees 06 minute~; 10 seconds West, 16.0 feet to the point or place of BEGINNING. TOGETHER with a right of way ].6 feet in width from the north- westerly corner of tile premises northerly along said land of Pekunka to a private road over land of-Frank E. Iiorn; THENCE Easterly over said private road to Island View Lane; ~xcept however that Frank E. llorn reserves the right to close said pri- ~ate road and provide another similar private road over other lands of "rank E. llorn providing a means of ingress and egress to said premises. TOGETllER with a right of way over said "Island View Lane", ~aid 16 foot riqht of way easterly about 500 feet to Bay Shore Road, ~hown on filed MaI) No. 1124 and also continuing westerly over said 'island View Lane" about 175 feet to Peconic Bay. from Sein9 and intended to be the same premises conveyed to the parties of the first part by l)eed dated November 10, 1975, recorded November 18, 1975, Liber 7944 Page 527 and in the Quit' Claim Deed from Gustave Zelenko and Frances Zelenko, dated August 5, 1985, which is intended to be recorded simultaneously herewith. · . .... . .... ~ . . -..~, :... -.,,,, .:.. . r~,' ....., ..... : .......... , .,CIILD II E A ............. -~. ,.,~.~7;~7~: - ~ ...~ .... . ...... . ...... . ..,.. .... : ,...-.:..~ ....... ... id pr i ' 4 more' ~ · · · boutded and .t ~n~in plot, pi~e or panel o~qand, ~ ~Sl,u,~ngs a,,d~,pF~l~d~hereo,, er~,~;~ m~,' ed as ~ ~nd ~ing'in the TO~n of Southold. County of Suffolk and State of lle~ York. ounded and described as follows: BEGINNING at an iron pipe set on the boundry line between land of Adam Pekunka and land conveyed by Frank E. Horn to Casamisina, said pipe being 35 feet north- erly along said line from its intersection with the northerly line of land now or formerly of Arciprete formerly Francis M. Pitt; running thence along said land of Pekunka, north 26 degrees 53 minutes 50 seconds west 33.0 feet to an iron pipe; thence along land now or formerly of Engelhardt, formerly Frank £. Horn; three courses as follows: (l) at right angles to the last described course, north, 63 degrees 06 minutes lO seconds east 16.0 feet to an iron pipe; thence (2) south 88 degrees 12 minutes east 168.7 feet to an iron pipe; thence (3) south 24 degrees 4b minutes east 134.35 feet to an iron pipe set at the edge of the creek; thence northwesterly along the creek I0 feet, more or less to an iron pipe; thence along said land conveyed to Casamisina, three courses as follows: (1) north 50 degrees 24 minutes west 90.25 feet to an iron pipe; thence (2) north 74 degrees 19 minutes west 136.0 feet to an iron pipe; thence (3) south 63 degrees 06 minutes 10 seconds west 16.0 feet to the point, or place of BEGINNING. IOGETHER with a right of way 16 feet in width from the northwesterly corner of the premises northerly along said land of Pekunka to a private road over land of Frank E. Horn and thence easterly over said private road to Island View Lane; except, however, ~hat Frank E. }lorn reserves the right to Close said private road and provide another similar private road over other lands of Frank E. Morn providing a means of ingress and egress to said premises. TOGETMER with a right of way over said "Island View Lane" from said 16 foot right of way easterly about 500 feet to Bayshore Road, shown on filed map no. 1124 and also continuing easterly over said "Island View Lane" about lZ5 feet to Peconic Bay. TOGETHER with an equal right of' way with Frank E. Horn and with other persons tO whom the party of the first part has conveyed or may convey to use for purposes of ingress, egress, parking, general beach use, the following des- cribed parcel of land: BEGINNING at a point on the southerly line of said proposed highway t.o be known as "Island View Lane" at the northeasterly corner of land con- veyed by Frank [. ltorn to Greer, sai~ point of beginning being S. 23°.' 31' W. -52.94 feet from the southwesterly corner of lot #78 shown on said flied map 1124 from said point of beginning running along said southerly line of said "Island View Lane," S. 85° 40' 30" E. -16.60 feet; thence along land of Frank E. Horn and others four courses as follows: (1) S. ll~lO' 30" E. - 135.4D feet; thence (2) N./8° 49' 30" E. feet; thence (3) S. 11° 10' 30" E. - 77 feet; thence (4) S. 60° 46' E. -163.38 feet to a point on ordinary high water mark of PeconJc Bay~ which is 200 feet southerly from the southerly line of Horton Barr; thence southerly along said ordinary high water mark of Peconic Bay to a point which is S. 13~ 30' E.-200 feet from the last described point; thence at right angles to the last described course S. 76~ 30' W.-80.O feet to ordinary high water mark of the creek; thence northerly along said ordinary high water mark of the creek qo a point which is ~. lO~ 38' 20" W.-200.25 feet from the last described point; thence westerly along ordinary high water mark of the creek to the southeasterly corner of said land of Melvin Greer, being N. 83° 22' W.-91.38 feet from the last described point; thence along said land of Melvin Greer two courses as follows: (1) N. 7~ 50' 30" W.-130.O feet; thence (2) N.I1° 10' 30" W.-167.85 feet to the point of beginning. Except, however, that Frank £. Horn reserves the right to raise a bulkhead along said beach if he so desires in the future, while still providing, however, adequate general beach use to the party of the secood part. Subject to covenants, easements and restrictions of record. roads abutting the.above described premises to the center lines thereof, TOGETHER with the appurtenances and all thc estate and rigbts of the party of the first part in and to said premises, TO l"l~Vl~ ~tld~lD TO HOLD ti e premises herein gr:mted unto the party of the secund part, the heirs or successors and assigns of the party of the seco.d part forever. a~41) the party of the first part covenants that the part3, of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. A/~iD the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purlx)se of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of tfie total of the same for any other purpose. The word "party" shall be construed as if it read" ' ' part es whenever the sense of this indenture so requires. ~ $~/11'~ I~'I-]F-.RI~OF~ the party of the first part has duly executed this deed the day and year first above written. - ~_~T. S"WANSON iii98I 7 297 STAt~ OF NM TOIg. coum'~ OF SUFFOLK ": On thc 16 ~y ~ AugHst 19 85, ~fore me Per~n~ly ~ne JANET T. SWANSON to me ~own to ~ ~e individ~ d~c~d in and who ~ut~ the [or~ng inst~ent, and ~wl~ged that P.b iC JEANETTE LEWIS NOTARY PUBLIC, STATE OF NEW TOil ~UALIFIED li~ 5UI ~Ot K COU~ ~ RMS EXPIRES MARCH 30, 198~ STATE OF NL~' YORIC, On the day of personally came 19 , before me to me known to be the individual described in and who executed the [oregoing instrument, and acknowledged that executed the s~me. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ANET T. SWANSON, tome known and known to Au ust, 1985, befor? me_came J r d the foregoing instrument and On the 16th day of., g ...... ~o4 herein and who execute me to be the individual ue~,,~ ABBOTT, the indlvid~al described here- known to me to be the attorney-in-fact of DOROTHY I. in and, as her attorney-in-fact, executed the same and acknowledged that she executed the said instrument as the act and deed of said DOROTHY ~ ABBOT, by virtue of Power of Attorne dated December 12, 1984, which Power of Attorney is ; be recorded concurrently herewith. ABBOTT and SWANSON 10 MILAZZO TITLE GUARANTEE- NEW YORK SECTION BLOCK LOT COUNTY OR TOWN 'FAX BII,I.ING ADDRESS NiJTARY ' ~ ' "" ' QUALIFIED IN SUFFOLK CO~/- TERMS EXPIRES MARCH 30, 1982~ 11721 ATICOR COMPANY E M. ~~ouis E. Mazzola, Esq. 324 McKinley Terrace Centerport, New York APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. 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 October 12, 1990 Mr. and Mrs. John Milazzo 137 Kings Road Hauppauge, NY 11788 Re: Appl. No. 3973 - Variance Dear Mr. and Mrs. Milazzo: This letter will confirm that your application for a variance has been received and that the Board Members will be conducting inspections as deemed necessary pursuant to state and local laws prior to the hearing on this matter. A copy of the Legal Notice will be forwarded to you within the next few days to confirm the time of the public hearing of your application, calendared for Thursday evening, November 1, 1990. Please note that we are attaching originals of documents which we believe you had intended to file with the Building and Trustee Departments. We are not able to file these documents for you with those offices; you will probably need to submit an application fee or other information. The Building Department may be reached at 765-1802, and the Town Trustees' Office at 765-1892. Should you have any questions concerning your variance application, please feel free to call our office. Very truly yours, Enclosures GERARD P. GOEHRINGER C RMAN ~-B~ Lxnd~ KOwalski- -- This application is not being processed for approval as submitted because it does not appear to conform with the standards/requirements of the Suffolk County Sanitary Code as indicated: 1. ~_ The installation of a subsurface sewage disposal system(s) is not permitted when: The proposed system will be less than 100 feet from neighboring well(s); proposed well; surface waters and/or wetlands. O The existing subsoils on the site contain meadow mat, bog, silts, clays or other impervious materials which extend below the groundwater table or existing subsoils in the area are unsuitable for the proper functioning of the system. O The groundwater or drainage conditions are unsuitable for the proper functioning of the system. O The population density equivalent exceeds the limit of one single family residence per one-half acre and/or one acre. O A public sewer system is available. 2. O The installation of a private water supply well is not permitted when: O A public water is available. supply O The groundwater supply in the area is inadequate for individual water supply wells. O The proposed well will be an insufficient distance from proposed or existing sewage disposal system(s). 0 3. The parcel(s) being applied on are apparently part of a realty subdivision or development, as defined in Article 6 of the Suffolk County Sanitary Code, which has not been approved by the Department for the method of sewage disposal and water supply. Prior to further processing of the application, it will be necessary that the owner(s) of the overall property file a realty subdivision or development map with this office. 4. O The proposal is not in conformance with the conditions o~ the approved realty subdivision or development map. 5. ~Other/Comments: If this matter cannot be resolved, you may request a variance from these standards by applying to the Department's Board of Review (forms and instructions enclosed). Prior to applying to the Board of Review, the residential application must be complete .~'-~ -I" ,,OR --- ,':') I ~at-~ Prepare----~ ~ (~ Reviewer ~,~ ~~~-~-~ .... . , . [] ~PAYMENT FOR PREVIOUS S~RVICE a I ,~ ~' ~ d~ ~ s~ z,. coo~ ;evi ewed and FORM OF PAYMENT OTHER ,approval ~o r~ CERTIFIEDCHECK FCHE~CK DCASH !iC'D* COPY 1 PAYER COPY2/(DMINISTRATION COPY 3 PAYEE _¢'~. ~TOwn_ ~etmands/Drca_i~age .... 0 S.C.D.H.S. II. SURVEY DATA AND INFORMATION REQUIRED 0 Three prints of survey required with surveyor's original stamp and signature Application Fee: $ C) Name, address, phone It required Statement signed by applicant % 0 Indicate square footage of lot '~-Corner elevations ,~S.C. Tax Map Number required -' ~urrounding property - vacant or improved (within 100' of all property li~es) .~,lndicate on survey the specific location(s) [with measurements] of all water supply wells and septic systems (within 100' of all property lines) ..,~_~Proposed house/dr__.ive_.,_~ay location. --'~'~Show proposed sewage disposal system/water r'-. supply .~TeJ3' on survey nination Vector Control (,~ Distance to nearest public water main O Test well required on your lot as per attached bulletin O Public sewer stub location from sewer district O Indicate any surface waters within 300' of plot O Show area for 50 percent expansion of sewage disposal system ~Test boring and location Test boring inadequate. See Remarks. O Grading plan showing elevation of sewage disposal system, foundation and final grade (by licensed surveyor or engineer) O Retaining wall must be designed by P.E. or R.A. FOR DEPARTMENT USE ONLY ,. ,~ Date Prepared '~' ~-% -",~"~t'~ By " Applicant Notified by Mail,~, -" Person 'u..(d, !.-il.×'; WWM-042 (Rev. 8/86) TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES, TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FOR THE ISSUANCE OF A PERMIT PURSUANT TO THE LAWS, ORDINANCES AND REGULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS, FLOOD PLAINS AND DRAINAGE AREAS OF SOUTHOLD TOWN, AND THE ISSUANCE OF PERMITS PURSUANT TO CHAPTER 32 OF THE CODE OF THE TOWN OF SOUTHOLD. APPLICATION NO. APPLICANT'S NAME: MAILING ADDRESS: AGENT: DATE .Mr. & Mrs. J. Milazzo 137 Kinqs Roadt Hauppauge~ N.Y. Salvator Caradonna AGENT ADDRESS: 23 West John St., Hicksvillet N.Y. PERMIT REQUESTED TO: November 1~ 1989 TEL. NO. 516-234-8873 TEL NO. 516 822-9310 11801 LOCATION OF PROPERTY FOR REQUESTED PERMIT: 2 HAMLET: · 9 Island View Lane TAX MAP NO: 1000- CREEK, BAY OR HARBOR FRONTING PROPERTY: SIZE OF PROPOSED WORK: LENGTH: 40'-0" Section 057, Block 2, Pcl. 20 Un.namsd WIDTH: 26'-0" Opp. Page 2. YDS. TO BE EXCAVATED: YDS. TO BE FILLED: MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED: N/A WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY: 10' DEPTH AT LOW TIDE: 0 AVER. RISE IN TIDE: 2' DISTANCE TO NEAREST CHANNEL: N/A DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN AREA: Equal AREA ZONING: IS PROJECT FOR PRIVATE OR BUS. USE: INTENDED USE OF PROPERTY: Vacatio~ DESCRIBE KNOWN PRIOR OPERATIONS CONDUCTED ON PREMISES: Same to or less th Private HAS ANY PRIOR LICENSE OR PERMIT BEEN ISSUED TO ERECT STRUCTURES, DREDGE, OR DEPOSIT FILL ON SAID PREMISES: No HAS ANY LICENSE OR PERMIT EVER BEEN REVOKED OR SUSPENDED BY A GOVERNMENTAL AGENCY: No DESCRIBE FULLY THE REHABILITATION OF PROPERTY: 2nd Story Addition to Existinq Residence DESCRIBE PROPOSED CONDITION OF PROPERTY AFTER WORK IS COMPLETED. INCLUDE AN ADDITIONAL SURVEY OF PROPERTY SITE IF NECESSARy: 2 story addition, proposed sq. ft. ~ TOTAL See Drawinq A-1 ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED WHICH WOULD PROHIBIT THIS PROJECT: No WRITTEN CONSENT O~ OWNER IF NOT THE SAME AS APPLICANT: COUNTY OF SUFFOLK ) STATE OF NEW YORK ) AND SAYS THAT HE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS, AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF, AND THAT WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE ToWN BOARD OF THE TOWN OF SOUTHOLD. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT, IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT OR REPRESENTATIVE, TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. swo TO BEFORE ME THIS DAY Or -- NOTARY p~ PAmlCIA A. GROSS Notary Publ~ State of New York _ No. 4879].77, Suffolk County ,,~,-, Commisdon Expires, December 8, lg:.Z. EXAMINED BY APPROVED DISAPPROVED CONDITIONS (If any) SIGNATURE OF CHAIRMAN COMPUTATION OF FEES Approved 2/27/85 -- 5~.'2-73 C P~ LEONARD~J~AN C ............. 1,100 ~BO0 -' ~,t00 S.~O0 ~&o t Og HI:) LIO FI -80 SHELTER isLAND soUND