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HomeMy WebLinkAbout3759 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles G-rigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki 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 ACTION OF THE BOARD OF APPEALS Upon Application of Tony $carmato for a Variance the Zoning Ordinance, Article XI, Section 119.2, for approval of gazebo structure with an insufficient setback from an existing bulkhead along Peconic Bay, at premises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. WHEREAS, a public hearing was held on October 6, 1988, in the matter of the Application of TONY SCARMATO under Appeal No. 3759; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application' WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and 1. This is an application for a Variance under Article XI, Section 100-119.2 B, as amended May 17, 1988, for approval of the placement of a small gazebo structure with setbacks at 46 feet, (revised to be 4 ft. 10 inches away from the Bulkhead) from the ordinary highwater mark along Peconic Bay (or Orient Harbor, and 6 feet from the existing bulkhead (which exists 40 ft. landward of the highwater mark), as shown on the sketched survey submitted with this application (revised February 15, 1990 to show that the gazebo will be 4' 10" away from the bulkhead) and depicted by the recent photograph (part of the file). Page 2 - Appl. No. 3759 Matter of TONY SCARMATO Decision Rendered October 6, 1988 2. The premises in question is identified on the Suffolk Tax Maps as District 1000, Section 31, Block 16, Lot 9, is improved with residential construction and contains a total area of .86+- of an acre. 3. For the record it is noted that the property was the subject of prior application under Appeal No. 1662, rendered September 28, 1972 and under Appeal No. 1623, rendered August 10, 1972, which address limitations of the nonconformities at the premises. 4. Article XI, Section 100-119.2 B, of the Zoning Code (as amended) requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rip or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. It is the position of this Board that in considering this application: (a) the relief requested is not substantial; (b) the relief if granted as requested will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all the above, the interests of justice will be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was 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 ACTION OF T~E BOARD OF APPEALS Upon Application of Tony Scarmato, Inc. for a Variance the Zoning Ordinance, Article XI, Section 119.2, for approval of gazebo structure with an insufficient setback from an existing bulkhead along Peconic Bay, at premises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. WHEREAS. a public hearing was held on October 6, 1988, in the matter of the Application of TONY SCARMATO, Inc. under Appeal No. 3759; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application' WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and 1. This is an application for a Variance under Article XI, Section 100-119.2 B, as amended May 17, 1988, for approval of the placement of a small gazebo structure with setbacks at 46 feet, (revised to be 4 ft. 10 inches away from the Bulkhead) from the ordinary highwater mark along Peconic Bay (or Orient Harbor, and 6 feet from the existing bulkhead (which exists 40 ft. landward of the highwater mark), as shown on the sketched survey submitted with this application (revised February 15, 1990 to show that the gazebo will be 4' 10" away from the bulkhead) and depicted by the recent photograph (part of the file). Page 2 - Appl. No. 3759 Matter of TONY SCARMATO Decision Rendered October 6, 1988 2. The premises in question is identified on the Suffolk Tax Maps as District 1000, Section 31, Block 16, Lot 9, is improved with residential construction and contains a total area of .86+- of an acre. 3. For the record it is noted that the property was the subject of prior application under Appeal No. 1662, rendered September 28, 1972 and under Appeal No. 1623, rendered August 10, 1972, which address limitations of the nonconformities at the premises. 4. Article XI, Section 100-119.2 B, of the Zoning Code (as amended) requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rip or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. It is the position of this Board that in considering this application: (a) the relief requested is not substantial; (b) the relief if granted as requested will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; {el in view of all the above, the interests of justice will be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was Page 3 - Appl. No. 3759 Matter of TONY SCARMATO Decision rendered October 6, 1988 RESOLVED, to GRANT the relief requested under Appeal No. 3759 in the Matter of TONY SCARMATO, for the placement of accessory (gazebo) structure with an insufficient setback from the bulkhead, as applied, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory gazebo be set back not closer than six feet landward of the bulkhead, as applied; 2. That there be no lighting which would be adverse to neighboring areas; 3. That the accessory structure remain as a gazebo and not to be converted for any other use (except by approval of the Board of Appeals). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen. (Member Sawicki was absent due to serious family illness.) (Member Dinizio abstained). This resolution was duly adopted. The Hearing of TONY SCARMATO, Appeal No. 3759 was re-opened on February 15, 1990 to add new measurements on the parcel showing that the gazebo is in actuality 4 feet 10 inches away from the bulkhead, which is shown on the survey that has been revised as of February 15, 1990 to render a decision on March 15, 1990. 1. RESOLVED, to GRANT a Variance in the matter of the application of TONY SCARMATO as applied for placement of a Gazebo as located on the survey to be 4 feet 10 inches away from the bulkhead. lk/df GERARD P. GO~H~INGERfCHAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN Ct,~RK DATE ~ ~,-' ~' HOUR 2, ;!~, Town Clerk, Tov:n o.~ Sout~okl Southold Town Board of Appeals MAIN ROAD- -~TATE ROAD 25 SOUTHOLD, l.l., N.Y. 11cj71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ~(la~ q3{;~l'~'~:~b, Jr. ACTION OF THE BOARD OF APPEALS Upon Application of TONY SCARMATO, INC. for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2, for approval of gazebo structure with an insufficient setback from an existing bulkhead along Peconic Bay, at premises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. WHEREAS, a public hearing was held on October 6, 1988, in the Matter of the Application of TONY SCARMATO, INC. under Appeal No. 3759; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application for a Variance under Article XI, Section 100-119.2B, as amended May 17, 1988, for approval of the placement of a small gazebo structure with setbacks at 46 feet from the ordinary highwater mark along Peconic Bay (or Orient Harbor), and 6 feet from the existing bulkhead (which exists 40 feet landward of the highwater mark), as shown on the sketched survey submitted with this application and depicted by the recent photograph (part of the file). 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 31, Block 16, Lot 9, is improved with residential construction and contains a total area of .86+- of an acre. 3. For the record it is noted that the property was the subject of prior applications under Appeal No. 1662, rendered September 28, 1972, and under Appeal No. 1623, rendered August 10, 1972, which address limitations of the nonconformities at the premises. ~age 2 - Appeal No. 3759 Matter of TONY SCARMATO, INC.. Decision Rendered October 6, 1988 4. Article XI, Section 100-119.2B of the Zoning Code (as amended) requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. It is the position of this Board that in considering this application: (a) the relief requested is not substantial; (b) the relief if granted as requested will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all the above, the interests of justice will be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3759 in the Matter of TONY SCARMATO, INC. for the placement of accessory (gazebo) structure with an insufficient setback from bulkhead, as applied, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory gazebo be set back not closer than six feet landward of the bulkhead, as applied; 2. That there be no lighting which would be adverse to neighboring areas; 3. That the accessory structure remain as a gazebo and not be converted for any other use (except by approval of the Board of Appeals). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Doyen. (Member Sawicki was absent due to serious family illness.) (Member Dinizio abstained.) This resolution was duly adopted. lk RECEIVED AND FILED BY THE SOUTHOLD TOWN Cr.~RK DATE /~/~"/~ HOUR / Town Clerk, Town of Southold APPEALS BOARD MEMaERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following 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, February 15, 1990, at the following times: 7:30 p.m. Applo No. 3910 - SOUTHOLD AGWAY. Variance to the Zoning Ordinance, Article XXIII, Section 100-230 C (1), Section 100-231 A, for permission to construct a 6 ft. high fence in front yard area. Property Location: 1705 Youngs Avenue, Southold, County Tax map No. 1000, Section 60, Block 1, Lot 5. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 15, 1990 7:35 p.m. Appl. No. 3879 - CHARLES MALONE. Variance to the Zoning ordinance, Article XXIII, Section 100-230 C (1), Section 100-231 A, for permission to construct a 6 ft. fence in frontyard area, fence exceeds permitted 4 ft. in height. Property Location: 358 North Sea Drive, Southold, County Tax Map No. 1000, Section 54, Block 5, Lot 19. 7:40 p.m. Appl. No. 3759 - To conduct a hearing of October 6, 1988, after decision has been rendered in the matter of ANTHONY $CARMATO ~ Property Location: 235 Huckelberry Mill Road, East Marion, NY; County Tax Map No. 1000, Section 31, Block 16, Lot 9. 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 time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated February 6, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda FORM NO, 3 TOWN OF SOU'IrHOLD BUILDING DEPA P, TM ENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPI'ROVAL "< . .~¢,,~ .... .,~-.7 ..... 19g~7 td; , o ........................... ~... Date ..... , ..... , .x..~.~., ~...~.....~.....~ ...... . G.~~.. ~:~ ..... ~.~. ~ ~ .... PLEASE TAI~E NOTICE that your application Sated. , . .~..~2 ........ , tit*use No. ~ ~ Street ttot~lot Cot,nty 'l'~x Mrtp No. 1000 Section ..'...~ ~ .... glock .~4 ~ ........ Lot Q~ ........... Subdivi,,ion ................. Filed Map No ................. Lot No% ............... is retu,ncd he,t:with :lml dis:q,proved on tile following grounds .~.~ ~ .~..~/~.'.~.. Building IRspector APPE*L FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF 1, ~ TONY SGA~Tg, INC. of 16 West 46th ~treet Nome o~ Appellant Street ~.d ~umb~r New York New York ......................................................................................................................... HEREBY APPEL TO Municipolity Stot~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...... .A. iD.r..i..1....2..7..:...l...9.8...8 .................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of ,8..2..8... .............. ............................... ' ................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY .~P..~!~EKI..Mill Ro~...~!..~D ......... Street /Hamlet / Use District on Zoning Mop District 1000 Section03I B]ock016Lot 09 ................................................................................. Current Owner Tony Scarmato, Inc. Map No. Lot No. Prior 0~ner 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 XT Section ttg.2 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ) x) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested for the reason that the appellant had a gazebo erected upon his premises within 75' of the water. At the time of purchasing the gazebo, the appellant was assured that all necessary permits would be obtained; Form ZB1 (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becau~ the appellant in good faith relied on the assertion that all permits would be obtained. The appellant did not intentionally violate the required set back from the water. To now require the appellant to remove the existing gazebo would be an unfair burden upon him and there is no other suitable location on his property for this gazebo. 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 appelant's property is fully bulkheaded. The gazebo is placed approximately 46' from the water and between a steep bank and the bulkhead. There is actually no other useful location for the gazebo on the property. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because several houses in the district are located closer to the water than the appellant's small gazebo. This small accessory building will have no adverse impact on the neighborhood and will actually enhance the surrounding properties. ss ...... ..................... COUNTY OF SOPFOLE ) 0;~ 4/~ '0~: ...... ~: :~. Sworn to this .............. ~.zx ........................... d ...... /: ~,.?. ................... 1988 / ........... ~... t~.~ ~ ....... ~,.~..:. :~.:~.f;.-r.:~:::. ...... ] Notary P0blic ~URIE E N~ Pubhc, State of New Y~ No, ~21818, Suf[olk Coun~ T~ ~ Septe~r ~. 1~ TOWN OF SOUTHO~.D ' PROPERTY RECORD CARD DIS'E' ' / ' OWNER STREET VILLAGE SUB. LOT FORMER OWI~ER , E~ . ACR~ ' ~ND N~ o ~OR~L FA~ ~re ~lue Per Value Tillable 2 j Tillable 3 s~p~.d ~RON~*~E ON ~XTER Brus~land FRONTAGE ON ROAD ~ O , >'3 Y Hou~ Plot DEPTH ~ / O .~/f. c~ -*,~ To~, ~ ¢ ~- DOCK Extension Extensic & Patio Total COLOR TRIM Basement Ext. Walls ~.. ~.~ Fire Place Type Roof Recreation ,,.~ ~ ,,3~ / ? Dormer Driveway Bath / _~..~ ,,// Dinette Floors K. Interior Finish Heat Rooms 1st Floor Rooms 2nd Floo~ LR. / DR. BR. FIN. B. -2- August 10, 1972 The Boar'~lnds that the public convenience and welfare~d Justice will be ~e~rved and the legally established or per~ai~ted use of neighborhood property and adjoining use diotricts will not be pe;~nent~ o~ substantial~ injured and the spi~it of the Ordinance will be observed. · ~ On motion by ~. Bergen~ seconded by ~. ~lse, it was RESOL~ E~ Enterprises, Inc., Main Road, ~ttitmck, New York, be G~D po~ssion to locate off p~emises subdivision identification sign on property of ~onard Em~ locat~ on ~ne south side of Peconic B~ Boulev~d, ~u~ei, New York, subject t~th~ following conditions: 1.That the s~gn ~EL C~RY ESTA~'.~e located at least 10 feet s~th of the p~operty line. Thi~- ~ermission 2. s~ll be subject to all ~s and re~tions ~e~ning signs in the To~m of Southoid as s~ed in the /~' Southold Town Zoning 0~dinance.. ~ ./ 3. Permission s~ll expire in two years. ~ Vote of tho Bo~d: ~os:- ~ssr~: Ollllzpfe, Bergen, ~1 PUBLIC HEARING: Appeal No. 1623 - 7:35 P.M. (E.S.T.), upon application of Alan Cotgreave, Huckleberry Hill, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property with less than required area and frontage. Location of property: P~ckleberry Hill, East Marion, New Yo~k, bounded north by Right of Way, Wenk and others; east by other property of the applicant; s~th by Peoonic Bay; and west by L~Ba~. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and uotlce to the applicant. T~ CHAIHMAN: Is there anyone present who wishes to speak for this application? M~RILYN NOREELUN: I am appoa~ing in their behalf. TI~ CHAIRNAN: Would you say that I~M. roh 15th woul~ be the earliest date that these cottages would be uc~d? MRS. NORKELUN: There is no heat in thom so it would be later. Southold Town Board of Appeals -3- August 10, .'2 THE CHAIRMAN: This is entered by a private right of way. Do you know the reason for these dotted lines on the survey? MRS. NORKELUN: Thatls a fence. The fence will follow this line when iris divided. THE CHAIR~N: Is there anyone else who wishes to speak for this application? (There was no response.) THE CHAIR¥~N: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Bo~rd finds that applicant requests permission to divide propoz~tY with less than required area and frontage. The Booed finds that applicant owns property, off a private right of way, called Huckleberry Hill, East Marion, New York, running from an existing ro~d to the beach, Peconio Bay, and that the property totals .97 acre. The Board finds that the proposal is to keep the main house and separate three houses for sale. The houses to be sep~ated are in the western portion of the lot consisting of about 3/4 acre. These are summer cottages without heat. The Board agrees with the reason- ing of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be s~red by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by ~. Hulse, it was RE~OLV~D Alan Cotgreave, Huckleberry Hill, East Marion, New York, be GR~NTED permission to divide property with less area and frontage than required, located at Huckleberry Hill, East Marion, New York, as applied for, subject to the following conditions: 1. That the use of these three summer cottages shall remain strictly for seasonal use during tho period from March 15 through November 15 (eight mouths). 2. That any.improvements whic~h, may be ~pplied for in the future (zn the event that these throe cottages are sold) shall require the approval of the Board of Appeals. Vote of the Board: Ayes:- ~ssrs: Gil!Ispie, BerEen, Hnlse. S hold Town Board of Appeals -10- September 28, 1972 The B~a~i*c%~finds that strict application of the Ordinance would produce pr-~ica.1 difficulties or unnecessary h~rdship; the hardship creat, ed is ~que and would ~ot be s~ed by all properties alike iu the zmmsd~~ty of th~s p~'~rty and in the same use district; and ~ varian~ill not cha~ge the character of t~ neighborhood, and will obser~pir~t of the 0rdinance. O~ motion b~~~~~s~d ~~igou~s, it was Farmingville, N~'~~sion ~ re~ the established (a~ p~ocated on L~6, Map of Saltaire Estates, Mattituck, New York, as applied f~ _ Vote of the Board: Ayes:- Messrs. Gillispie, Bergen, Grig~is, PUBLIC HEARING: Appeal No. 1662 - 8:35 P.M. (E.S.T.), upon application of Tony ~carmato, ll West 46 Street, New York, N. Y., for variance and modification of previous action of Board of Appeals in accordance with Article III, Section 301 of Zoning Ordinance. Location of property: Private Road (Huckleberry Hill Road) off west side of Bay Avenue, East Fiarion, New York, bounded north by Wenk & Baltz; east by' F. Mandate; south by Gardtners Bay; west by F. LeBar. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance and modification of previous action of Board of Appeals, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? ]2~VING L. PRICE, JR., E~Q.: applicant. I am here to represent the THE CHAIRMAN: The application states that the reason for the appeal is "amendment of decision of Zoning Board of Appeals dated ~ugust 10, 1972 for the reason that applicant, as contract purchaser, wishes to vary conditions under which original variance to divide property was granted." The application is signed by Irving L. Price, ~. PRICE: I would like to have the decision of August 10, 1972, changed to read "to improve westerly building on premises into an all year single residence and to use the two smaller buildings ou east for accessory use as residences for one week in each of the mon--t-~ from November 15 to March 15". The previous decision read "easterly" building on premises, etc., and two smaller buildings on "west". ~outhold Town Board of Appeals -ll- ~eptember 28, TH~ CH~IR~N: Is there anything else that you wish to add? MR. PRtC~: In our informal discussion on September 7th it was indicated that the present request would be satisfactory. THE CH~IR~N: This is a confirmation of our informal dis- cussion. We were trying to minimize as much as possible any increase in density without depriving a man the use of his property. We understand that he wants to make a year round residence of the larger house. I believe that we stressed that there should be no change in the outside dimensions. TITE CPRtIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection~the Board finds that ~pplicant requests modification of the original decision of the Board of Appeals dated &ugust 10, 1972 concerning application of Alan Cotgreave, Huckleberry Hill, East Marion, New York, for the reason that applicant, Tony Scar~to, contract purchaser of Cotgreave, wishes to vary' conditions under which original variance to divide property was granted~ The original application was granted with the stipulation that the cottages ro~ain strictly for seasonal useage during the period from March 15 through November 15, 8 months. Applicant requests permission to use the cottages as an accessory use during the remaining four months of tho year. The Board finds that strict application of the 0rdiuanco would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike iu the immediate vicinity of this property and in the same use district; and the variance ~*ill not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by ~. Gillispie, seconded by Mr. Grigoufs, it was RE~0LV~D Tony Scarmato, ll West ~6 Street, New York, N. Y., be GR&NTED modification of the original decision of the Board of Appeals dated August 10, 1972, as applied for, subject to the following conditions: That thoro bo no enlargement of the two small buildings to thc east which may' be used as accessory uses to the main residence for one week out of each month during the period from November 15 through March 15. The main house when it is remodeled shall meet all requirements of the Housing Code. Vote of the Board: Ayes:- Messrs: Gillisple, Bergen, Grlgonis, Doyen. 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 SCOTI~ 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 Board 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, Article XI, Sectionll9.2 Variance from Determination of Southold Town Building Inspector, Special Exception, Article , Section Special Permit Appeal No.:3759 Applicant: Tony Scarmato, Location of Affected Land: 235 Huckelberry County Tax Map Item No.: 1000-31-16-9 Within 500 feet of: Town or Village Boundary Line Inc. Mill Road, East Marion, NY 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. approval of COMMENTS: Applicant is requesting Xp~-~rn~d~ x~vo gazebo structure with with an insufficient setback from existing bulkhead Copies of Town file and related documents enclosed for your review. Dated: April 24, 1990 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 April 16,, ~9qO .7, Kev[n McLaughlin, Esq. 828 Front Street, Box 803 Greenport, NY 11944 Re: Appl. No. 3759 - Tony Scarmato, Inc. Dear Mr. McLaughlin: Transmitted herewith for your file is a copy of the revised Decision of March 15, 1990 from the Zoning Board of Appeals. Please be sure to return to the Building Inspectors' Office for other actions or permits which are appropriate. A copy of this decision has also been furnished to the Building Department to update their files. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure Copy of the Decision to: Building Department Suffolk County Planning APPEALS BOARD MEMBERS GERARO P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H.$AWlCKI JAMES DINIZIO. JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHE}LD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 February 6, 1990 J. Kevin McLaughlin, Esq. 828 Front Street, Box 803 Greenport, NY 11944 Re: Appl. No. 3759 - Tony Scarmato (Variance) Dear Mr. McLaughlin: This letter will acknowledge receipt of your application for a variance and confirm that the Board members are individually conducting field inspections and review as may be required by state and local laws during the next couple of weeks concerning your application. In the interim, we ask that the outside corners of the proposed construction be flagged, if not already done so. The public hearing ch this application is.expected to be held on or about February 15, 1990 at the Southold Town Hall, Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (with the exact time) in the near future. We do sincerely thank you for your continued patience during this period of transition within our department. Yours very truly, CC: dff Tony Scarmato GERARD P. CHAIRMAN GOEHRINGER DEPARTMENT OF PLANNING COUNTY OF SUFFOLI~ ® PATRICK G. HALP[N SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H. KUNZ April 25, 1990 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) ~Tony Scarmato, Inc. 3759 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L,I,. NEW YORK 11788 (516) 360-5 ~ 92 ATTORNEY AT LAV,/ 828 FRONT STREET, P. O. BOX 803 GREENPORT, NY 11944 (516) 477 1016 December 12, 1989 Southold Town Board of Appeals Southeld Town Hall Main Road Southold, NY 11971 re: Appl. No. 3759 Tony Scarmato, Inc. Tax Map No. 1000-31-16-9 Gentlemen: March 6, thereto. I have enclosed a copy of my letter to you dated 1989, along with a copy of Mr. Wieczorek's response Obviously, the Building Department will not issue a Certificate of Occupancy for the gazebo until the variance is modified to reflect the true distance from the bulkhead, which is apparently 4' 10". As indicated in my previous correspondence, the gazebo has always been permanently affixed at the same location. The six (6) foot figure was an approximation given to me by the applicant. The purpose of the original variance application was to allow the gazebo to remain where it had been contructed by the manufacturer. Please advise me as to what steps must be taken to modify the variance to reflect the actual situation as it exists. Very _n McLa~ JKM/bl enclosures: ltr dtd 3/06/89 Mr. Wieczorek's reSpense (516) 477.1016 March 6, 1989 Southold Town Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Re: Appl. No. 3759 Tony Scarmato, Inc. Tax Map No. 1000 - 31 - 16 - 9 Gentlemen: My client has received a notice from the building department that the location of his gazebo is in violation of the variance obtained. As I am sure everyone agrees, the necessity for the variance arose because of the original placement of the gazebo by the contractor within 75 feet of the water. Therefore, application for a variance allowing the gazebo to remain as placed was made and granted. As part of the application, the applicant indicated that the gazebo was approximately 46 feet from the water and 6 feet from the bulkhead. In fact, the gazebo is 4' 10" from the bulkhead. The gazebo is also, and has always been, permanently cemented into the ground. The intent of the variance application was to allow the gazebo to remain as it then, and now, exists. Please advise me of how we can resolve this matter. Very truly yours, JKM/lg cc: Building Department J. Kevin McLaughlin VICTOR LESSARD PRINCIPAL BUILDING INSPECTOR (516) 765-1802 I'AX (516) 765-1823 Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 1197I OFFICE OF BUILDING INSPECTOR TOWN OF SOUTItOLI) April 28, 1989 J. Kevin McLaughlin, Atty. 828 Front Street - P.O. Box Greenport, New York 11944 803 Re: Building Permit #17867-Z Suffolk Co. T.M. %1000-31-16-9 Tony Scarmato, Inc. Dear Mr. McLaughlin: In answer to your letter requesting advice on how to resolve the problem concerning Mr. Scarmato's gazebo the following is needed: 1. Relief must be granted from the Zoning Board of Appeals wherein the (6) six foot setback from the bulkhead must be 4'10". 2. An Underwriters inspection certificate of the electrical work must be submitted to the Building Department. Thank you for your efforts to resolve this problem. Very truly yours, SOUTHOLD TOWN BUILDING DEPT. Vincent R. Wieczorek, Ordinance Inspector VRW:gar Southold Town Board of Appeals MAIN ROAD- STAT£ ROAD 2,5 SOUTHOLD, L.I,, N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS October 6, 1988 GERARD P, GOEHRINGER, CHAIRMAN S oE .Q .R.A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3759 PROJECT NAME: TONY SCARMATO, INC. 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. This board determines the within project not to have a sig~{ifi- cant adverse effect on the environment for the reasons indicated below. 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: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Gazebo Structure with insufficient setback from existing bulkhead along Peconic Bay LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: ' 235 tIuckelberry Mill Road, East ~larion, NY 31-16-9 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Separating the project in question from the~terfront or tidal area is other construction and/or a bulkhead in good condition. (~3) The relie~K requested is a setback variance as regulated by SectiDn 617.13, 6 NYCRR, SEQRA FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc the Zoning Ordinance, Article XXIII, Section I00-230 C (1), Section 100-231 A, for permission >'~rd a~. f~ p¢~miued 4 ft. in height. Property Location: 358 Nor[h Sea D~ive, Southold. County Tax o 1000 Section onduct a headng of October 6 deted ~ the matter of ~NTHONY ~ _ ~ ~ARMATO INC. Property ...... Location: 235 Huckelberw Mill ~IICE OF HE:~RI~S Road, East Marion, NY; County ua ~EIS }[~B5 G~ LN,~r- / ~ Map No 000, Section 31, nt to oecuon 267 of the Town [ Block 16 Lot 9. aw and the Code of the Town of ~ The Bgard ofA~cals w~ at said- gouthold, lhe following hearings ~e and place hear day and ail vii1 be held by the SOUTHOLD 'OWN' BOARD OF APPEALS at a 'egular bleeting, at the Southold 'own Hall, Main Road, Southold, ,'Y 11971. on Thursday, February 5. 1990, at the following times: 7:30 p.m. Appl. No. 3910 -- :OUTHOLD AGWAY. Variance to ae Zoning Ordinance, Article ection 100-231 A, for permission ) construct a 6 ft. high fence in ont yard area. Property Location: 705 Youngs Avenue. Southold, ounty Tax Map No. 1000, Section ). Block 1, Lot 5. 7:35 p.m. AppL No. 3879 -- tIARLES NIALONE. Variance to sons or representatives desiring to he heard [n each of the above mat- rets. Written comments may aI$o be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Add[tiona! time for your presentation will be available, if needed. For more information. please call 765-1809. Dated Febma~ 6. 1990 BY ORDER OF TfLE SOU'DIOLD TOXk~' B O~%Ri) OF A PPEAL5 G F-~.LRD p. GOEHRINGER C kL&IR3,L,kN By Doreea Fe~'erda 6568-ITF$ /,% STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK} Patric]a Hoaney ofMattituck, in said County, being 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 8th day of February 1990 ,?/~ / ('--,, Principal Clerk iwom to befor~ me this/ , ~?'" ): c~[,~2~,o . ,. NOTICE OF HEARINGS COUNTY OF SUFFOLK STATE OF NEW YORK ss: NOTICE IS HEREBY GIVEN, 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, February 15, 1990, at the following times: 7:30 p.m. Appl. No. 3910- SOUTHOLD AGWAY. Variance to the Zoning Or- dinance, Article XXIII, Section 100-230C (1), Section 100-231 A, for permission to construct a 6 ft. high fence in front yard area. Property Location: 1705 Youngs Avenue, Southold, County Tax Map No. 1000, Section 60, Block 1, Lot 5. ' 7:35 p.m. Appl. No. 3879- CHARLES MALONE. Variance to the Zoning Or- dinance, Article XXIII, Section 100-230C (1), Section 100-231 A, for permission to construct a 6 ft. fence in frontyard area, fence exceeds permitted 4 ft. in height. Property Location: 358 North Sea Drive, Southold, County Tax Map No. 1000, Section 54, Block 5, LOt 19. ~ 7:40 p.m. Appl. No. 3759- To onduct a hearing of October 6, 988, after decision has been endered in the matter of AN- HONY SCARMATO INC. roperty Location: 235' uckelberry Mill Road, East. arion, NY; County Tax Map. o. 1000, Section 31, Block 16, t9. The Board of Appeals willa~- said time and place hear any and all persons or representatives' desiring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allot-' ted. Additional time for your' presentation will be available, if' needed. For more information, please call 765-1809. Dated: February 6, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHR1NGER' CHAIRMAN By: Doreen Ferwerda 1 X-2/8/90(26) 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 County; 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 successively, commencing on the .......... : ........... Sworn to before me this ........ ~ ........... day of ........ .~.~'~ . .~..~ ...... 19 2 ~'~.. Notary Public BARBARA A. SCHNEIDER HOTARY PUBLIC, State of New York i~io. 4806846 Q,]~ i~di~guffokCou t¥ / APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 $OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your 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 times allotted in the attached Legal Notice. Please feel free t~ call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, dff GERARD P. CHAIRMAN GOEHRINGER 828 FRONT STREET, P. O. BOX 803 GREENPORT, NY 11944 (516~ 477-1016 March 6, 1989 Southold Town Board of Appeals Southold Town Hall Main Road Southo!d~ New York ~1971 Re: Appl. No. 3759 Tony Scarmato, Inc. Tax Map No. 1000 - 31 16 - 9 Gentlemen: My client has received a notice from the building department that the location of his gazebo is in violation of the variance obtained. As I am sure everyone agrees, the necessity for the variance arose because of the original placement of the gazebo by the contractor within 75 feet of the water. Therefore, application for a variance allowing the gazebo to remain as placed was made and granted. As part of the application, the applicant indicated that the gazebo was approximately 46 feet from the water and 6 feet from the bulkhead. In fact, the gazebo is 4' 10" from the bulkhead. The gazebo is also, and has always been, permanently cemented into the ground. The intent of the variance application was to allow the gazebo to remain as it then, and now, exists. Please advise me of how we can resolve this matter. Very trul~4U~S,/ //.' _. / . :M ' ? .t:'i' JKM/lg ~ ~ cc: Building Department DEPARTMENT OF PLANNING OCOUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E, KOPPELMAN DIRECTO~ Of PLANNIN(; November 1, 1988 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Carol A. Maguire Seymor & Merle Levine The Cove at Southold (Henry J. Smith) /Tony Scarmato, Inc. John J. Jessup Denis O'Brien 3740 3750 3756 3759 3763 3764 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE OOYEN, JR. RO~C~T J. DCUCLA~$ JOSEPH H. SAWlCKI Pursuant Board of Appeals the following Variance Variance Special to Article XIII of the Suffolk County Charter, the of the TOWR of Southold, New York, hereby refers to the Suffolk County Planning Commission: from the Zoning Code, Article ×z , Section 100-119.2 from Determination of South61d Town Building Inspector Exception, Article , Section XX Special Permit Appeal No.:3759 Applicant: Tony Scarmato, Inc. Location of Affected Land:235 Huckelberry Mill Road, County Tax Map Item No.: 1000-31-16-9 Within 500 feet of: Town or Village Boundary Line East Marion, NY XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owned Land State or Federal Park or Existing or Proposed Right-of Way of ADy Stream Owned by the County or for Which The County Has Lines, or Within One Mile of a Nuclear Power Plant .... Within One Mile of An Airport. apprpva~ of COMMENTS: Applicant is requesting ~r:4~k~!~xr~ ~o ga_~bo an insufficient or Drainage Channel Established Channel stugLu_q~re with setback from an existing bulkhead alon~ Peconic Bay. Copies of Town file and related documenCs enclosed for your review. Dated: Ocotber 27, 1988 ti ' Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 2:, SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H~ .SA~/IC~I James UlnlZlO, Or. October 20, 1988 J. Kevin McLaughlin, Esq. 828 Front Street, Box 803 Greenport, NY 11944 Re: Appl. No. 3759 - Tony Scarmato, Inc. Dear Mr. McLaughlin: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals. Please be sure to return to the Building Inspectors' Office for other actions or permits which are appropriate. A copy of this decision has also been furnished to the Building Department to update their files. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Building Inspectors Suffolk County Department of Planning TOWN OF SOUTHOLD ZONING BOARD OF APPEALS REGULAR NEARING OF THURSDAY, OCTOBER 6, 1988 Appl. NO.: 3759 Applicant(s): TONY SCARMATO Location of Property: 235 Huckelberry Mill Road,East Marion Tax Map ID No.: 1000-31-16-9 October 6, 1988 Regular Meeting Present were: Chairman Gerard P. Goeh~inge~; Member Charles Grigonis, Jr.; Member Serge Doyen, Jr.; Member James Dinizio, Jr. Absent was: Member Sawicki (due to serious family illness). Also present were: Board Assistant Linda Kowalski, and approximately 40 persons in the audience. The Chairman read the Legal Notice for this hearing, as published in the suffolk Times and L.I. Traveler-Watchman, Inc. CHAIRMAN GOEHRINGER: I have a copy of a survey. The date is cut off but it was produced by Roderick VanTuyl, the date is cut off. Showing the approximate placement of the gazebo approximately 6 feet from the edge of the bulkhead and approximately 46 feet from the ordinary high water mark of the Great Peconic Bay. And I have a letter from Kevin McLaughlin, Esq. who indicates that he wishes that we hold this particular hearing over until the next regularly scheduled meeting so that he can appear on behalf of his client. His client is not going to be here also. Is that correct. Is Mr. Scarmato here? No. Alright. So we'll ask if there's anybody in favor of the application. Anybody against the application? I'm not going to say it's going to be an easy night because I know what's going to happen. So I won't say that. So I'll make a mo- tion closing the hearing reserving decision until later. Ail in favor - AYE. 828 FRONT STREET, P. O, BOX 803 GREENPORT, NY 11944 (516) 477-1016 October Southold Town Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Re: Tony Scarmato, Inc. Appeal No. 3759 Dear Board Members: Neither I nor my client will be able to attend the public hearing in the above-referenced matter on October 6, 1988. I believe that the application for a variance to allow the existing gazebo to remain is self-explanatory. Should the Board have any questions in this regard, please forward same to my office for prompt review and response. JKM/lg Very truly ~o~rs, J.. ~vin McLaughli~ JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: July 26, 1988 Transmitted herewith is Zoning Appeal NO. 3759 Tony Scarmato, Inc. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 · application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; letter relative to NYS Tidal Wetlands Land Use; Notice .of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk ATTORNEY AT LAW 828 FRONT STREET. P. O. BOX 803 GREENPORT. NY 11944 (516t 477-1016 July 25, 1988 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Re: Tony Scarmato, Inc. Variance Gentlemen: Enclosed herewith please find application in triplicate for a variance. Also enclosed please find three copies of the survey, notice to adjacent property owner, questionnaire, short environmental assessment form, and my check in the sum of $150.00 for the fee. If you have any questions please do not hesitate to contact me. Enclosures Very truly yours, ,~ ,. ,~ ~ i 'i "ri''/,'' ''~> J. Kevin McLaughlin Page 3 - Notice of Hearings Febuary 15, 1990 - Regular Meeting Addresses of Notice of Hearings sent to: Town Clerk Bulletin Board Zoning Board of Appeals Bulletin Board L.I. Traveler-Watchman Traveler Street Southold, NY 11971 Suffolk Times, Incl. 7780 Main Road, Box 1500 Mattituck, NY 11952 J. Kevin McLaughlin 828 Front Street P.O. Box 803 Greenport, NY 11944 Southold Agway P.O. Box 608 Youngs Avenue Southold, NY 11971 Tony Scarmato, Inc. 16 West 46 Street New York, NY 10001 Charles Malone 1671 Stevens Avenue North Merrick, NY 11566 NOTIC~ OF HEARINGS NOTICE IS"' HEREBY GIVEN, 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 APPEAl .S at a Regular Meeting at the Southold Town Hall, Main Road, Soutbold, NY 11971, on THURSDAY, OCTOBER 6, 1988, at the following times: 7:35 p.m. Appl. No. 3765-- JOSEPH SPITALIERE for a Variance to the Zoning Ordi- nance, Article Ill, Section 100-31 for the placement of a new dwelling structure with a re- duced setback from the front property line. Location of Pro- perty: Right-of-way located along the east side of Cedar Beach Drive, Southold, (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as 1000-90-4-14. 7:40 p.m. Appl. No. 3768-- FRANK AND SANDRA CUR- RAN tbr a Variance to the Zon- ing Ordinance, Article ltl, Sec- tion 100-31 for construction of a pool with deck and fence en- closure with an insufficient fromyard setback and excessive lot coverage (over 20 percent), at premises known as 780 Hay- waters Road, Cutchogue, NY; County Tax Map Parcel No~ 1000-111-01-016. 7:45 p.m. Appl. No. 3763-- JOHN J. JESSUP for a Vari- ance to the Zoning Ordinance, Article 111, Section 100-31 for construction of an addition at the westerly side of the existing dwelling with a reduction in the total sideyards, at premises known as 90 East Road, Cutch- ogue, NY; County Tax Map Par- cel No. 1000-110-7-15. 7:50 p.m. Appl. No. 3759-- TONY SCARMAiO. INC~ for a Variance to the Zoning Ordi- nance, Article XI, Section ~ 100-119.2 for approval of gazebo ~ structure with an insufficient,I, setback from an existing bult~-~ he~d along Peconic Bay, at pre- m~ses known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. 7:55 p.m. AppL No. 3755SE --TIMOTHY COFFEY AND THE COVE AT SOUTHOt D ~N(~- Special Exception to th~ Zoning Ordinance, Article ltl, Section 100-30C, for permission to erect off-premises sign. Loca- tion of Property: South Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3. (Recessed from Prior Meeting). 8:00 Appl. No 3758-- JR. Variance to the Zoning Ordinance, Article Ill, Section 100-31 for permission to con- struct open deck addition with an insufficient rearyard setback from existing dwelling, at pre- mises known as 605 Highwood Road, "Highwood at Bayview" Subdivision Lot No. 8, Southold, NY; County Tax Map Parcel No. 1000~78-9-50. 8:05 p.m. ELSIE D. YOUNG. AppL No. 3760SE--Special Exception to the Zoning Ordi- nance for permission to estab- lish Accessory Apartment in an existing dwelling structure in ac- cordance with the requirements of Article ltl, Section 100-30B, subsection 15. Location of Pro- perty: 480 Grisson Lane, Southold, NY; County Tax Map Parcel No. 1000-78-1-10.3. Appl. No. 3761-V--Variance to the Zoning Ordinance, Arii- cie Ill, Section 100-30B(15)[M] to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of Building Inspector indicates dwelling met the requirements for a Certificate of Occupancy had application been made in a timely fashion. Location of Property: 480 Gris- son Lane, Southold, NY; Coun- ty Tax Map Parcel No. 1000-78-01-10.3. 8:15 p.m. JOHN T. BEEBE-- 64 Variances to the Zoning Ordi- nance, Article Ill, Section 100-31 for approval of insuffi- cient area and width of two pro- posed parcels in this proposed set-off division of land, located along Beebe Drive, Cutehogue, NY; County Tax'Map Parcel No. 1000-103-3-part of Lot 5. 8:20 p.m. ROBERT AND DI- ANNA BAKER. Special Excep- tion to the Zoning Ordinance, Article ltl, Section I00-30B(16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Ave. nue, Southold, NY; County Tax Map Parcel No. 1000-55-6-9. 8:30 p.m. Appl. No. 3779-- PETER AND DESPINA MAR- KOPOULOS for a Variance to the Zoning Ordinance, Article lit, Section 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of struc- ture(s) with reduced sideyards, at premises known as LOt #16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24. 8:40 p.m. No. 3769SE--CUTCHOGUE FARMS LTD. {~/k/a GRIS- TINA VINEYARDS. Special Exception to the Zoning Ordi- nance, Article Ill, Section 100-30B for permission to estab- lish Winery, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-01-13. 8:50 p.m. AppL No. 37t,~t - DENIS O'BRIEN for Variances to the Zoning Ordinance, Arti- cle Ill, Section 100-31 and Ar- ticle Xl, Section 100-119.1 for permission to erect tennis court with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suf- folk County Tax Maps as Dis- trict lO00, Section 3, Block 3, Lot .~ 5 along Private Road, Fishers Island, NY. 8:55 p.m. Appl. No. 3778~ BRETT AND JANET KEHL-- Variance to the Zoning Ordi- nance, Article Ill, Section 100-32 and removal of Condi- tions rendered under Appeal No. 3641 on June 18, 1987 in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. 9:05 p.m. Appl. No. 3774SE--H & S ASSOCIATES Special Exception to the Zoning Code, Article VII, Section 100-70B for permission to con- ~ struct addition to existingq building, (maintaining the west- 'l erly yard setback) for use part- ly for sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-2-24. 9:15 p.m. Appl. No. 3776-- HOWARD AND MARGARET BRODIS. Special Exception to the Zoning Ordinance, Article Ill, Section 100-30B(15) for per- mission to establish Accessory Apartment in a proposed addi- tion to existing dwelling, at pre- mises known as 435 Eastward Ct., Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. 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 com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time al- lotted. For more information, please call 765-1809. Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski IX, 9/29/88 (50) ICOUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Soul:hold, in Suffolk County; 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 successively, commencing on the ~,x~ Sworn to before me this . · · °~c"2 ........ day of .... ..... 19. Main Road, Southold, ~y; [ south side ot ~ouncl ueacn egai Notices NOTICE OF HEARINGS NOTICE IS H~REBY'GIVEN, ursuant to Sectio~ 267 o'~ the Town aw and the Code of the Town of ~uthold, the following hearings will c held by the ~ ~ at a Regular Ieeting at the Southold Town HaH, lam Road, Southold, NY 11971, on iIURSDAY. OCTOBER 6. 1988 at e following times: 7:35 p,m. Appl, No. 3765 -- )SEPH SPITA LIERE for a Variance the Zoning Ordinance, Aificle :etlon 100-31 for the placement of a :w dwelling structure with a reduced tback from the front property line. .marion of Property: Right-of-way cater along the east side of Cedar :ach Drive, Southold, (just south of eneral Wayne Inn) and extending in t easterly and thence southerly recllon to this pe~cl identified on ¢ Suffolk County Tax Maps as )~O-90~1-14. 7:40 p.m, Appl. No. 3768 -- ~tNK AND SANDRA CURR&~ r · Varianc~ to the Zoning Ordi- ncc. Article ~I, Section 100-31 for ~nstruction of a pool with deck and )ad, Cutehogue, NY; County Tax ap Parcel No. 1000-111-01-016. 7:45 p.m. Appl. No. 3763 -,- )HN J. JESSUP for a Variance to -' Zoning Ordinance, A~ticle II/, ction 100-31 for construction of an ~unty Tax Map Parcel No. I000- ,9-7-15. 7:50 p.m. Appl. No. 3759 ~ ,rianc~ to the Zoning Ordinance, [ ricle X], Section 100-119.2 for ap- ntyj cxal Exception to the Zoning Ordi- nance, A~cle IlL Secoon-100-30C, for permission gll~ct uff-premiscs sign. Locationl~Propeny: South Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000- 75-06-7.3 (Recessed from Prior Meeting). 8:00 p.m. Appl. No. 3758 -- THEODORE KUDLINSKI. JR, Variance to thc Zoning Ordinance, Article l~, Section 100-31 for per- mission to construct open deck addi- tion with an insufficient rearyard set- back from existing dwelling, at premises known as 605 Ilighwood Road, "Itighwood at Bayview" Subdivision Lot No. 8, Southold, NY; County Tax Map Parcel No. 1000-78-9-50. 8:05 p.m. ELSIE D. YOUNg, AppI. No. 3760SE -- Special Exception to thc Zoning Ordinance for Permission to establish Accessory Apertment in an existing dwelling structure in accordance with the r~, quirements of Article 1II, Section 100-30B, subsection 15. Location of Property: 480 Grlssom Lane~ Southold, NY; County Tax Map Parcel No. 1000-78-1-10.3. AFpl. No. 3761-V -- .Variance to the Zoning Ordinance, Aificle III, Section 100-30B(15){M} to allow conversion of dwelling for Accessory Apartment with Certificate of Occu- pancy dated after JanusW 1, 1984, al; though Affidavit of Building Inspector indicates dwelling met the i~- quir~mems for · Certificate of Occu- Map Parcel No. 1000-55-6-9. 8:30 p.m. Appl. No. 3779 -- 9~.QJ, LL..Q~_ for a Variance Zoning Ordinance. Aificle 1/I, Sec'flor 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of structere(s) with reduced sideyards, at premises known as Lot #I6, Captain Kidd Estates, along south side of Sound Beach Drive, Maifituck, NY; County Tax Map Parcel No. 1000-99-1-24; 8:40 p.m. Appl. No. 3769SE -- GRISTINA VINEYARDS), S Exception to the Zoning Ordinance A~i~e 11I, Section 100-30B for per- m,ssion to establish Winery, at premises located along the north side of the Main Road, Cutchogue, NY: County Tax Map Parcel No. 1000- 109-01-13. 8:50 p.m. Appl. No. 3764 -- DENIS O'RRIEN for Variances to the Zoning Ordinance, Article Ill, Section 100-31 and Article XI, Section 100- 119.1 for permission to erect tennis C¢:~coun with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suffolk County Tax Maps as District 1000, Section 3 Bock 3, Lot 3.5, along Private Road Fishers Island, NY. 8:55 p.m. AppL No. 3778 -- BRETT AND JANET KEH!- Variance to the Zoning Ordinance, Article 1II, Section 100-32 and re- pency had applicati~m been made in a ~.t-o moval of Conditions rendered under timely fashion. Location of Property: Appeal No. 3641 on June 18, 1987 480 Grissom Lane, Southold, NY; in order to allow conversion of the County Tax Map Parcel No. 1000- subject building as livable area in 784)1-10.3. proposed reconstruction plan of 8:15 p.m. JOHN T, BEE~Fr -- dwelling, at premises known as 5500 Variances to the Zoning Ordinance, Main Bayview Road, Southold, NY: County Tax Map Parcel ID No. Article IH, Section 100-31 for proval of insufficient area and width 1000-78-4-32. of two proposed parcels in this pro- 9:05 p.m. Appl. No. 3774SE -- FI Posedset-offdivisionofland, located . & S ASSOCIATES Special Ex- along Beebe Drive, Cutehogue, NY; ception to the Zoning Code, Article County Tax Map Parcel No. 1000- VII, Section 100-70B for permission 103-3-panufLotS. to construct addition to existing 8:20 p.m. ROBERT AND DI; binlding, (maintaining the westerly ANNA B A gER. Special Exception to yard setback) for use partly for sales the Zoning Ordinance, Article III, of auto parts, added storage, and en- Section 100-30B(16) for permission gine rebuilding shop, at premises to establish Bed and Breakfast estab- cared along the north side of the Main lishment in an existing dwelling, at Road, Cutchogue, NY; Counly Tax premises known as 2900 Boisseau Map Parcel Null000-102-2-24. Avenue. Southotd, NY: County 'Fax 9:15 p.m. Appl. No. 3776 -- ,., HOWARD AND MARGARET BROD1S. Special Exception to the Zoning Ordinance, Article BI, Section 100-30B(15) for permission to estab- lish Accessor,Z Apa~ment in a pro- posed addition to existing dwelhng, at pre~0tses knox~n as 435 Eastward Ct., Mattltock, NY; County Tax Map Parcel No. 1000-115-7-9. The Board of Appeals will at said time and place hear any and all per- sons or representatives desihng to be )ntento of Mattituck, In that he/she is Principal TIMES, a Weekly Newspaper, In the Town of Southold, County of ~w York, and that the Notice of which copy, has been regularly published in :e each week for 1 weeks 1ricing on the 29 day of 88 Principal Clerk ~MARY K. DEGNA~ NOTARY PUBLIC, Stale ~t ~lew York mitred prior to the conclusion of subject heating. Each hearing will not start before the time allotted. For more information, please call 76.5- 1809. Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEiIRINGER, CHAIRMAN heard in each of the above matters. By Linde Kowalski Written comments may also he sub- 6071-1TS29 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPH N. SAWICKI Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 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. Someone should appear in your behalf during the public hearing. Questions may arise from Board Members or persons in the audience during the hearing. Your hearing is expected to start at the time advertised in the Legal Notice, and you will not be required to appear earlier. Please feel free to call our office prior to the hearing date if you have any questions or wish to review your file. Yours very truly, GOEHI~INGER GERARD P. CHAIRMAN lk APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN RI-lAD-STATE R[3AD 25 F~I-IUTHnL. D, L.I., N.Y. 11~71 TELEPHONE (516) 765-1809 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following 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, OCTOBER 6, 1988 at the following times: 7:35 p.m. Appl. No. 3765 - JOSEPH SPITALIERE for a Variance to the Zoning Ordinance, Article III, Section 100-31 for the placement of a new dwelling structure with a reduced setback from the front property line. Location of Property: Right-of-way located along the east sid~ of Cedar Beach Drive, Southold, (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as 1000-90-4-14. 7:40 p.m. Appl. No. 3768 - FRANK AND SANDRA CUR_RAN for a Variance to the Zoning Ordinance, Article III, Section 100-31 for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage (over Page 2 - Notice of Hearings - Regular Meeting of October 6, 1988 Southold Town Board of Appeals 20 percent), at premises known as 780 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01-016. 7:45 p.m. Appl. No. 3763 - JOHN J. JESSUP for a Variance to the Zoning Ordinance, Article III, Section 100-31 for construction of an addition at the westerly side of the existing dwelling with a reduction in the total sideyards, at premises known as 90 East Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-7-15. 7:50 p.m. Appl. No. 3759 - TONY INC. for SCARMATO, a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for approval of gazebo structure with an insufficient setback from an existing bulkhead along Peconic Bay, 235 Huckelberry Mill Road, East Marion, NY; Parcel No. 1000-31-16-9. 7:55 p.m. at premises known as County Tax Map Appl. No. 3755SE - TIMOTHY COFFEY AND THE COVE AT SOUTHOLD, INC. Special Exception to the Zoning Ordinance, Article III, Section 100-30C, for permission to erect Page 3 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals off-premises sign. Location of Property: South Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3. (Recessed from Prior Meeting). 8:00 p.m. Appl. No. 3758 - THEODORE KUDLINSKI, JR. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct open deck addition with an insufficient rearyard setback from existing dwelling, at premises known as 605 Highwood Road, "Highwood at Ba!rview" Subdivision Lot No. 8, Southold, NY; County Tax Map Parcel No. 1000-78-9-50. 8:05 p.m. ELSIE D. YOUNG. Appl. No. 3760SE - Special Exception to the Zoning Ordinance for permission to establish Accessory Apart~ent in an existing dwelling structure in accordance with the requirements of Article III, Section 100-30B, subsection 15. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-1-10.3. Appl. No. 3761-V - Variance to the Zoning Page 4 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals Ordinance, Article III, Section 100-30B(15)(M} to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of Building Inspector indicates dwelling met the requirements for a Certificate of Occupancy had application been made in a timely fashion. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-01-10.3. 8:15 p.m. JOHN T. BEEBE - Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of two propDsed parcels in this proposed set-off division of land, located along Beebe Drive, Cutchogue, NY; County Tax Map Parcel No. 1000-103-3-part of Lot 5. 8:20 p.m. ROBERT AND DIANNA BAKER. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-55-6-9. Page 5 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:30 p.m. Appl. No. 3779 - PETER AND DESPINA MARKOPOULOS for a Variance to the Zoning Ordinance, Article III, Section 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of structure(s) with reduced sideyards, at premises known as Lot 916, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24. 8:40 p.m. Appl. No. 3769SE - CUTCHOGUE FARMS LTD. (a/k/a GRISTINA VINEYARDS). Special Exception to the Zoning Ordinance, Article III, Section 100-30B for permission to establish Winery, at premises located along the north sid~ of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-01-13. 8:50 p.m. Appl. No. 3764 - DENIS O'BRIEN for Variances to the Zoning Ordinance, Article III, Section 100-31 and Article XI, Section 100-119.1 for permission to erect tennis court with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suffolk County Tax Maps as District 1000, Section 3, Block 3, Lot 3.5, along Private Road, Fishers Island, NY. Page 6 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:55 p.m. Appl. No. 3778 - BRETT AND JANET KEHL- Variance to the Zoning Ordinance, Article III, Section 100-32 and removal of Conditions rendered under Appeal No. 3641 on June 18, 1987 in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. 9:05 p.m. Appl. No. 3774SE - H & S ASSOCIATES Special Exception to the Zoning Code, Article VII, Section 100-70B for permission to construct addition to existing building, (maintaining the westerly yard setback).for use partly for sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-2-24. 9:15 p.m. Appl. No. 3776 - HOWARD AND MARGARET BRODIS. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(15) for permission to establish Accessory Apartment in a proposed addition to existing dwelling, at premises known as 435 Eastward Ct., Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. Page 7 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 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 For more information, will not start before the time allotted. please call 765-1809. Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski Notice to Newspapers: Please publish the above Legal Notice once, to wit, Thursday, September 29, 1988 and forward 11 Affidavits of Publication to: Board of Appeals, Main Road, Southold, NY 11971. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ~'g VD~h~'~6, Or. ACTION OF THE BOARD OF APPEALS Upon Application of TONY SCARMATO, INC. for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2, for approval of gazebo structure with an insufficient setback from an existing bulkhead along Peconic Bay, at premises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. WHEREAS, a public hearing was held on October 6, 1988, in the Matter of the Application of TONY SCARMATO, INC. under Appeal No. 3759; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application for a Variance under Article XI, Section 100-119.2B, as amended May 17, 1988, for approval of the placement of a small gazebo structure with setbacks at 46 feet from the ordinary highwater mark along Peconic Bay (or Orient Harbor), and 6 feet from the existing bulkhead (which exists 40 feet landward of the highwater mark), as shown on the sketched survey submitted with this application and depicted by the recent photograph (part of the file). 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 31, Block 16, Lot 9, is improved with residential construction and contains a total area of .86+- of an acre. 3. For the record it is noted that the property was the subject of prior applications under Appeal No. 1662, rendered September 28, 1972, and under Appeal No. 1623, rendered August 10, 1972, which address limitations of the nonconformities at the premises. Page 2 - Appeal No. 3759 Matter of TONY SCARMATO, INC. Decision Rendered October 6, 1988 4. Article XI, Section 100-119.2B of the Zoning Code (as amended) requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. It is the position of this Board that in considering this application: (a) the relief requested is not substantial; (b) the relief if granted as requested will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all the above, the interests of justice will be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3759 in the Matter of TONY SCARMATO, INC. for the placement of accessory (gazebo) structure with an insufficient setback from bulkhead, as applied, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory gazebo be set back not closer than six feet landward of the bulkhead, as applied; 2. That there be no lighting which would be adverse to neighboring areas; 3. That the accessory structure remain as a gazebo and not be converted for any other use (except by approval of the Board of Appeals). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Doyen. (Member Sawicki was absent due to serious family illness.) (Member Dinizio abstained.) This resolution was duly adopted. lk CHAIRMAN Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2S SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. Dfh /,£fb, Or. ACTION OF THE BOARD OF APPEALS Upon Application of TONY SCARMATO, INC. for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2, for approval of gazebo structure with an insufficient setback from an existing bulkhead along Peconic Bay, at premises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. WHEREAS, a public hearing was held on October 6, 1988, in the Matter of the Application of TONY SCARMATO, INC. under Appeal No. 3759; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application for a Variance under Article XI, Section 100-119.2B, as amended May 17, 1988, for approval of the placement of a small gazebo structure with setbacks at 46 feet from the ordinary highwater mark along Peconic Bay (or Orient Harbor), and 6 feet from the existing bulkhead (which exists 40 feet landward of the highwater mark), as shown on the sketched survey submitted with this application and depicted by the recent photograph (part of the file). 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 31, Block 16, Lot 9, is improved with residential construction and contains a total area of .86+- of an acre. 3. For the record it is noted that the property was the subject of prior applications under Appeal No. 1662, rendered September 28, 1972, and under Appeal No. 1623, rendered August 10, 1972, which address limitations of the nonconformities at the premises. Page 2 - Appeal No. 3759 Matter of TONY SCARMATO, INC. Decision Rendered October 6, 1988 4. Article XI, Section 100-119.2B of the Zoning Code (as amended) requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. It is the position of this Board that in considering this application: (a) the relief requested is not substantial; (b) the relief if granted as requested will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all the above, the interests of justice will be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3759 in the Matter of TONY SCARMATO, INC. for the placement of accessory (gazebo) structure with an insufficient setback from bulkhead, as applied, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory gazebo be set back not closer than six feet landward of the bulkhead, as applied; 2. That there be no lighting which would be adverse to neighboring areas; 3. That the accessory structure remain as a gazebo and not be converted for any other use (except by approval of the Board of Appeals). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Doyen. (Member Sawicki was absent due to serious family illness.) (Member Dinizio abstained.) This resolution was duly adopted. lk Copies to the following on or about 9/21/88: Mr. Joseph Spitaliere (picked up personally 9/21/88) Environment East, Inc. as Agent for Frank and Sandra Curran as Agent for John J. Jessup 3075 Indian Neck Lane Peconic, NY 11958 J. Kevin McLaughlin, Esq. as Attorney for Tony Scarmato, 828 Front Street, Greenport, NY 11944 Mr. Wilbur Klatsky, The Cove at Southold, 5044 Expressway Drive South, Ronkonkoma, NY 11779 Mr. and Mrs. Alvan Terry, Box 35, Main Road, Peconic, Re: The Cove at Southold - Sign Mr. Theodore S. Kudlinski, Jr. 605 Highwood Road, Box 1052, Southold, NY 11971 Mrs. Elsie D. Young 480 Grisson Lane, Southold, NY 11971 Abigail A. Wickham, Esq. as Attorney for John T. Beebe Main Road, Box 1424, Southold, NY 11971 Mr. and Mrs. Robert Baker 2900 Boisseau Avenue, Southold, NY 11971 Mr. and Mrs. Peter Markopoulos 605 Sound Beach Drive, Mattituck, NY ~1951 Richard F. Lark, Esq. as Attorney for Cutchogue Farms Ltd. Main Road, Box 973, Cutchogue, NY 11935 J. Kevin McLaughlin, Esq. as Attorney for Petrol Stations Re: Cutchogue Farms Ltd. 828 Front Street, Box 803 Greenport, NY 11944 Mr. Allan P. Shope as Architect for Denis O'Brien 18 West Putnam Avenue Greenwich, CT 06830 Mr. and Mrs. Brett Kehl 5500 Main Bayview Road Southold, NY 11971 Inc. a-~ NY 11958 Mail List continued for October 6, 1988 Legal Notice: H & S Associates P.O. Box 915 Cutchogue, NY 11935 Mr. and Mrs. Howard Brodis 435 Eastward Court Mattituck, NY 11952 Suffolk Times, Inc. Main Road Mattituck, NY 11952 L.I. Traveler-Watchman, Inc. Traveler Street Southold, NY 11971 Individual ZBA files ZBA Members Building Department (V. Lessard) Supervisor and T.B. Members Town Attorney Town Clerk Bulltin Board (west side) Z.B.A. Bulletin Board (east side) PROJECT I,D. NUMBER 617,21 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) SEQR 1. APPLICANT/SPONSOR 2. PROJECT NAME Tony Scarmato, ][nc. Tony Scarmato, Inc. 3. PROJECT LOCATION: 235 Hnckelberry [{ill Road Municipality East Marion County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) See Attached Survey Map 5. IS PROPOSED ACTION: [~ New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Applicant had a gazebo erected on his premises approximately 46' from the water and fronted by a bulkhead. Applicant seeks an area variance to allow said gazebo to remain within 75' of the water. 7. AMOUNT OF LAND AFFECTED; mit/ally Approx. 75' acres Ultimately Approx. 75' acres 8. WILL PROPOSED ACTION COMPLY With EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? []Yes [~No IfNo, desc~ibebrietly Gazebo is within 75' feet of water in violation of set- back requirements of Town Code, Article XI, Seciton 119.2 e. WHAT IS PRESENT LANO USE IN VICINITY OF PROJECT? [~[Residen~ial [] 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 [] No If yes, Fist agency(s) and pe~mitlapprovals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes []No I,~ yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMit/APPROVAL REQUIRE MODIFICATION? [] Yes [] No I CERTI~?Y THAT THE INFORMAT ON PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ~'- ~ If the action is in~h~ Coastal Area, and you are a state agency, complete the Coastal Assessmen[ Form ~efore proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of th~ action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes X NO 2. Will there be a major change to any unique or unusual land form on the site? Yes X No 3. Will project alter or have a large effect on an existing body of water? Yes X NO 4. Will project have a potentially large impact on groundwater quality? Yes X No 5. Will project significantly effect drainage flow on adjacent sites? Yes X No 6. Will project affect any threatened or endangered plant or animal species? Yes XNo 7. Will project result in a major adverse effect on air quality? Yes XNo 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes X No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircamental area by a local agency? . Yes X No 10. Will project have a major effect on existing or future recreational opportunities? Yes X NO 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes X No 13. Will project have any impact on public health or safety? __Yes X NO 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes X No period o__~r have a major negative effect on ~the character of the communit/ or ne~, borhood. 15. IrSoteher~e public ~on~ov~ ~ning the Preparer's Signature' ~~ Representing: ~oll~ar~to, I~c. / ~ / Date~/~ QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~Tlt YOUR APPLICATION FO~S TO TtIE BOARD OF APPEALS Please complete, sign and return to the Office of the 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 submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? X~ No 2.a)Are there any areas which contain 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? x~ No X~2K~X No 3. Are there existing structures at or below ground level, such as patios, foundations, etc? House foundation Yes ~x 4. Are there any existing or proposed fences, concrete barriers, decks, etc? If project is proposed for an accessory building or structure, i$ total height at more than 18 feet above average ground level? State total: ft. X~X No If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. X~,XXX~i N/A 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. XX~X No Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit ~ and Nature: ~ No 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 County Health Department Village of Greenport N.Y.S.D.E.C. Other XX~X No XX~ No XX)L~X No XX~ No XX~L~X No Yes ~J~XX XX~%~X No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or pugchasers and conditions of sale. (from contract) ~ No 11. Is new construction proposed in the area of contours at 5 feet or less as exists? XX~ No 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? Yes No 13. and proposed Please submit .~ho~ograD~ I certify th~/~ abO~-~ reliance b~th~ ~dard of 'gna. Br~'-(property ~ Please l~st present use or operations conducted upon the subject property at this time HOUSE AND TWO COTTAGES ADDTION OF GAZEBO for the record. ~atements are true and are being submitted for ~peals ~n considering~my application. ~) (Authorized Agent) ~ WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or ~vhicl~ bord~.r on. tidal wah~rs, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited ~ banks, bogs. salt marsh, swamps, meadows, ~lats or other low lying lands subject to tidal action: (2) Ail banks, bogs. meadows, fiats and tidal marsh : subject ~ such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltwort, sea lavender, tall cord~rass, high bush, cattails, groundsel, marshmallow and Iow march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection Al2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESIIWATER WETLANI)S: (i) "Freshwa~r wetlands" as defined in Article 2.1, Ti- tle 1, ~ 24-0107, Subdivisions l(a) ~ l(d) inclusive. of the Environmen~l Conservation Law of the of New York; and (2) Ail land immediately adjacent to a "freshwater wet- !and." as defined in Subsection B(1) and lying with- m seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetlaod." 97O5 MAR/ON L,4KE TOWN OF SOUTHOLO MAR/ON Legend BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o~ the Petition of TONY SCARMATO, INC. 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 to request a (Variance) ~J~ .,~:~X [circle choice] 2. That the property which is the subiect of the Petition is located adiacent to yourproperty and is des- cribed as follows: 235 Huckelberry Mill Road, East Marion, New York, Tax Map No. 1000-031-016-09 3. That the property which is the subject of such Petition is located in the following zoning district; Agricultu~ ral-Re sidential 4. That by such Petition, the undersigned will request the following relief: a variance of the 75' set back requirement from the water to allow petitioner's gazebo to remain approximately 40' from the water and fronted by a bulkhead. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XI Section 119.2 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' 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 at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the rli~h~ntoOfaSp~)~:~lnddabned hde~S~dg~t;udc~O~:r~ nPgU. blication of such notices; that ~or your rej~ sen,tative have the / 0w~rs'Names:To% Zr~mato, Inc. (' Po~t' Office Address '~,~ .8/8 F~ont Street, PO Bo× 803 Greenport, New York 11944 Tel. No. (516) 477-1016 [Copy of sketch or plan showing.proposa} to be atta'ched for convenience purposes.] ..-~709 928 864 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDEO NOT FOR INTERNATIONAL MAIL (See Reverse) ~r. &Mrs. Kawrowski ~r~, ~a~$thorne Road PO.St te and ZIP Code Garden City,NY 11530 Postage $ . 25 Ce,lifiec~ Fee . 8 5 Special Delivery Fee Restricted Delivery Fee Return Receipt showing Return Receipt sho~./lg~t,~w~oml Dale, and Address~hvery TO'^LPosta.e.i es ' PROOF OF MAILING OF NOTICF %CH CERTIFIED MAIL RECEIPTS ADDRESS 40 Hawthorne Road Garden City, NY 11530 Box 154 East Marion, NY 11939 167 Bache Avenue Staten Island, NY 10306 STATE OFNEW YORK) COUNTY OF SUFFOLK) SS.: Laurie E. Graeb ,residinBat Ole Jule Lane Mattituck, New York , being duly sworn, deposes and says that on the 22nd day of July ,19 88 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at Mattituck ~ New York ; that said Notices were mailed to each of said persons by (certified) (y~rggr,,y~ mail. Sworn to before me this 22nd IRVING L PRICE, Jl~ NOTARY PUBLIC, Stale of New York IRVINO L FRtCE, NOTARY PUBUC~ State ef New YorJc No. 3161450 Quilified in Suffolk County Commission Expire* Nov. 30, 19~' (This side does not have to be completed on form transmitted to adjoining property owners.)