Loading...
HomeMy WebLinkAbout3879 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 THE BOARD OF APPEALS ~ppl. No. 3879 Matter of CHARLES MALONE. Variance to the Zoning Ordinance, Article XXIII, Section 100-230 (1), Section 100-231 A, for permission to construct a 6 ft. fence in frontyard area,fence exceeds 4 ft. in height. Property Location: 358 North Sea Drive, Southold, County Tax Map No. 1000, Section 54, Block 5, Lot 19. WHEREAS, a public hearing was held and concluded on February 15, 1990 in the matter of the application of CHARLES MALONE under Appeal No. 3879; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning,and the surrounding areas; and ~EREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Sound View Avenue, Town of Southold and is identified on the Suffolk County Tax Maps as District 1000, Section 54, Block 5, Lot 19. 2. This is an application for Variances from the Zoning Code 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. Page 2 - Appl. No. 3879 Matter of CHARLES MALONE Decision rendered February 15, 1990 3. Article XXIII, Section 100-230 C (1), Section 100-231 A, Permitted obstructions. Cornices or cantilevered roofs may project not more than two (2) feet into a required yard. Belt courses, windowsills and other ornamental features may project not more than six (6) inches into a required yard. Fences or walls not over four (4) in height may be erected anywhere on the lot, except as set forth in 100-232 herein. Paved terraces, steps and walks (other than such as are needed for access to the buildings on the lot) shall not project within fifteen (15) feet of a street line or four (4) feet of a property line. Article XXIII, Section 100-231 A, when located in the front yard along the front lot line, the same shall not exceed four (4) feet in height. 4. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; {b) that there is no other method for the appellants to pursue; and placing the fence in any other location on the premises will require other variance relief; (c) that the area chosen for the fence is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Dinizio, it was Page 3 - Appl. No. 3879 Matter of CHARLES MALONE Decision rendered February 15, 1990 RESOLVED, to GRANT a Variance in the matter of the application of CHARLES MALONE, as applied under Appeal No. SUBJECT TO THE FOLLOWING CONDITIONS: 3879, 1. That the fence not exceed 6 ft. in height and start 30 ft. from the beginning of the property line adjacent to the Right-of-Way. 2. That the fence be established on the premises (not on Right-of-Way and it is not to exceed 70 ft. in length. df GERARD P. GOEHRINGER, CHAIRMAN ov:n ( : ,': ............ d 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 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 N~£ICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Sectio~ 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 $outhold Town Hall, Main Road, Southold, NY 11971, on TUESDAY, DECEMBER 19, 1989, at the following 'times: 7:30 p.m. Appl. No. 3870 - MATTHEW CUSUMANO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, (Article IIIA, Section 100-30 A.3) as disapproved, for permission to construct a deck and other additions, proposed construction will be less than 75 ft. from water or wetlands and will have insufficient front and rear yard setbacks. Property Location: 435 Briarwood Lane, Cutchog~e, County Tax Map No. 1000, Section 136, Block 01, Lot 01. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, t989 7:35 p.m. Appl. No. 3868 - NICHOLAS NICKOLAUS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d A, as disapproved, for permission to construct addition to existing one family dwelling and accessory building, proposed construction is less than 100 ft. from bluff of Sound in this R-80 Zone District. Property Location: 17555 Soundview Avenue, Southold, County Tax Map No. 1000, Section 51, Block 1, Lot 2. 7:40 p.m. Appl. No. 3881 - WARREN AUGENTHALER. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct accessory building in frontyard area. Property Location: 7225 Nassau Point Road, Cutchogue, County Tax Map No. 1000, Sectio~ 111, Block 15, Lot 12. 7:45 p.m. Appl. No. 3893 - MICHAEL AND CLAIRE GLEW. Variance to the Zoning Ordinance, 280-A Approval of Access Right-of-Way, (Article XXVIII, Section 100-281 B, construct a one family dwelling). Proper~ty Location: 61339 Main Road, $outhold, County Tax Map No. ~000, Section 56, Block 1, Lot 41. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 7:50 p.m. Appl. No. 3873 - VINKO NALETILIC. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, for permission to construct a deck addition, construction exceeds ° p~rmitted lot coverage of this R-40 Zone District. Property Lucation: 780 Orchard Street and 1300-2nd Street, New Suffolk, County Tax Map No. 1000, Section 117, Block 7, ~ot 22. ~ 7:55 p.m. Appl. No. 3879 - CHARLES MALONE. to the Variance Zoning Ordinance, Article XXIII, Section 100-230C (1), 100-231 A., for permission to construct a 6 ft. fence in frontyard area, _ fence exceeds 4 ft. in height. Property Location. 358 North ~aL~i~i S°uth°ld, C°unty Tax Map N°' 1000, Secti°n 54, B~ 8:00 p.m. Appl. No. 3886 - ROBERT STAPLES. Variance to the zoning Ordinance, Article XXIII, Section 100-239d (C), for permission to construct a new dwelling adjacent to freshwater wetlands in this R-40 Zone district, proposed dwelling will be closer than 75 ft. from freshwater wetland. Property Location: 785 Wilmarth Avenue, Greenpo~t, County Tax Map No. 1000, Section 41, Block 1, Lot 7. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:05 p.m. Appl. No. 3894 - JOSEPH AND LAWRENCE PEARLSTEIN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to construct deck addition with insufficient front yard setback. Property Location 2225 North Sea Drive, Southold, County Tax map No. 1000, S~ction 54, Block 04, Lot 23. 8:10 p.m. Appl. No. 3892 - ANTHONY BOLLETINO. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct an accessory shed and gazebo in front yard area. Property Location: 16705 Main Road, Route 25, East Marion, County Tax Map No. 1000, Section 23, Block 1, Lot 14.6. 8:15 p.m. Appl. No. 3888 - ERNEST TARMIN. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to =onstruct Accessories; pool, tennis court and shed in front yard area. Property Location: 29823 Row off Main Road, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 1.10. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:20 p.m. Appl. No. 3887 ~MARK AND ELLIE GORDON. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct a tennis court in frontyard area. Property Location: 1019 Private Road #7 Fords Road, Southold, County Tax Map No. 1000, Section 87, Block t, Lot 18.4. 8:25 p.m. Appl. No. 3891 - ELIZABETH JOHNSTON. Variance to the Zoning Ordinance, Article III, Section 100-32.4 (A), for permission to construct a lap pool, accessory pools not permitted in frontyard area. Property Location: Row off Oregon Road, Cutchogue, County Tax Map No. 1000, Section 073, Block 02, Lot 0%. 8:30 p.m. Appl. No. 3884 - DICKINSON/THOMPSON. Variance to the Zoning Ordinance, Article I, Section 106-20, (Article III, ~ection 100-32), for approval of insufficient area in this pending division of land and Bulk and Parking regulations. Property Location: Main Bay~iew Road, Southold, County Tax Map No. 1000, Section 078, Block~9, Lot 30. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:35 p.m. Appl. No. 3889 --~TIMOTHY AND GEORGE WELLS. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Bulk and Parking Regulations, (Article I, Section 106-20), for approval of insufficient area in this pending division of land. Property Location: South Harbor Road, Southold, County Tax Map No. 1000, Section 075, Block 07, Lot 1.~, 1.4, 1.5. 8:40 p.m. Appl. No. 3890 - WALTER GLASSER. Special Exception to the Zoning Ordinance, Article IX, Section 100-91, for permission for change of use from Place of Worship to Office/Apartment. Property Location: 475 Beckwith Avenue, Southold, County Tax Map No. 1000, Section 061, Block 1, Lot 25. 8:45 p.m. Appl. No. 3882 - BIDWELL WINERIES. Special Exception to the Zoning Ordinance, Article III, Section 100-30, for approval of consumer tasting and retail sales from the Winery. Property Location: Route 48, Cutchogue, County Tax Map No. 1000, Section 96, Block 4, Lot 4.3. % Sage 7 - Notice of Hearings So'~thold Town Board of Appeals Regular Meeting of December 19, 1989 8:50 p.m. Appl. No. 3896 -JERRY GAMBONE AND KES ZAPKUS. Special Exception to the Zoning Ordinance, Article IX, Section 100-91, for permission to have Office/Retail business on first floor and residential rental apartment on second floor. Property Location: 55415 Main Road Southold, County Tax Map No. 1000, Section 62, Block 1, Lot 12. 8:55 p.m. Appl. No. 3872 - COMPASS TRANSPORTS. Resolution to conclude hearing in its entirety. 9:00 p.m. Appl. No. 3770 - PORT OF EGYPT. Proposed motion of the Board to re-open said hearing closed on November 8, 1989. 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 ~rior 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 December 4, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southoid Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y;! 119'71 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, February 15, 1990, at the following times: 7:30 p.m. Appl. 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. P~ge 2'- Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 15, 1990 ~ 7:35 p.m. Appl. No. 3879 - CHARLES MALONE. Zoning ordinance, Article XXIII, Section 100-230 100-231 A, for permission to construct Variance to the~ C (1), Section( 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 SCARMATO INC. Property Location: Road, East Marion, NY; County Tax Map No. Block 16, Lot 9. 235 Huckelberry Mill 1000, Section 31, 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 co~ents 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 SOUT~OLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated . .., .... .~/.~. ............. , 19~.~... for permit to ~..~. ~, . . . .~. ~__~..4v/'..~_~. ~...~ ......... at County Tax Map No. 1000 Section ..... ~ .... Block .... ~ ...... Lot ... ~ ....... Subdivision ................. Filed Map No. : ............... Lot No .................. is returned herewith and disapproved on the following grounds .W/~...d~..~ :~/X/,(//~ :' /..~a.-..~. ~. ~..~.. ~). ~y/../.~.-. a ~.I..~. ,.. :~.~.. ~z~.. ~ .... .... .~...~...~..~...~/.....~..~............~ · . RV 1/80 TOWN OF SOUTHOLD, NEW YORK nKt £1VED APPEAL FROM DECISION OF BUILDING INSPECTOR //.'/,~"AQ $£P 5 1989 APPEAL NO. ~ ~ '~ ~ DATE ....... ~.~...Z~..~. .......... TO THE ZONING BOARD OF APPEALS, TOWN ~ll~l~llJl, J~ll~,. o. 0ox ~.o 1, (We) ..................................................... ~ ....... of ...................................................................... Name of Appell~t Street a~ Numar ~ o~1~ '11~71 ~'~, HEREBY APPEL TO ..................................... .............................................. .......... THE ZONING BOARD Of APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .............. .~./~..{/Z~.. ........................ WHEREBY THE BUILDING INSPECTOR DENIED TO ( Ng~e° of _Apzpoli.cant for permit of .............. ....... ............ .................... Street and Number Municipality State PERMIT TO USE ) PERMIT FOR OCCUPANCY (~) 1. LOCATION OF THE PROPERTY ............... ~..5.~.....?...°.~.7..,~.....~..~.F.....~.~./~..(~,.Y.~. ........................... Street /Hamlet / Use District on Zoning Mop District 1000 Section~e- Block E Lot FI ~ . ................................................................................ ~urren~ 0~ner Mop No. Lot No. Prior Owner .... /~c~H 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragroph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~X Y~I-~ Section /~0-~3o- c 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (has n_ot) been mode with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance (~) is requested for the reason that ~ Z~Z (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OE,~T,~IE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNI(~UE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because COUNTY OF ) Signature Sworn to this ~ day of.....~ 19 ~// ~/ Notary Public 2/ '~ , TOWN OF SOUTHOLD PROPERTY RECORD CARD ~, c,o~.--~-r,r -s-/~ .... . -- "OWNER-- ~ -~ STREET VILLAGE DIST. SUB. LOT S W TYPE OF BUILDING RES. SEAS. ,~/~)~, VL. FARM CO~. CB. MICS. Mkt. Value ~ND IMP. TOTAL DATE R~RKS AGE BUILDING CONDITION N~ NO~L BELOW ABOVE FA~ Acre Value Per Value Acre Tillable FRONTAGE ON WATER W~land FRONTAGE ON =Total ~ ~ D~K . L COLOR TRIM W#' 7£ M. Bldg. Extension Extension /~ ~ // = //~ /?~ /~r ~ 50(, Foundation Basement Ext. Walls Fire Place Type Roof Bath Floors Interior Finish Heot Garage --~- Rooms 1st Floor Patio Recreation Room Rooms 2nd Floor O.B. Dormer Driveway Total Dinette APPEALS BOARD MEMBERS Gerard P. Gnehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEAL.S. 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 17, 1990 Mr. and Mrs. Charles Malone 1671 Stevens Ave. North Merrick, NY 11566 Re: Appl. No. 3879 - Mr. and Mrs. Charles Malone Dear Mr. and Mrs. Malone: Transmitted for your records is a c6py of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before commencing construction activities. A copy of this decision .has simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN .Enclosure Copy of Decision to: Building Inspectors' Office By Doreen Ferwerda So th Id To Bo d lapp is ~~# // 0 W/] ~/' 0 ~ ~ TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD p. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. February 6, 1990 Mr. Charles Malone 1671 Stevens Avenue North Merrick, 11566 Re: Appl. No. 3879 - Charles Malone iVariance) Dear Mr. Malone: 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 n this application is expected to be held on or about February 15, 1990 at the Southold Tow~ 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, dff GERARD p. CHAIRMAN C-OEHRINGER Southold Town Board APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. November 15, 1989 Mr. Charles Malone 1671 Stevens Ave. North Merrick, NY 11566 Re: Appeal #3879 Dear Mr. Malone: Enclosed is an additional Neighbor Notice to be sent to Graham R. Glover, 5 Greenview Circle, Huntington, NY 11743. The Town Clerk's office could not locate the one you left with them. Please return to the above office with the necessary certified mail receipt attached and the necessary notarization. We are sorry for the inconvenience this has caused you and believe this will resolve the matter. Yo rs very tr .y GERARD P. GOEHRINGER Chairman tm Encl. Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. October 13, 1989 Mr. Charles H. Malone P.O. Box 820 .358 No, Sea Drive- Southold, NY 11971 Re: Appeal #3879 Dear Mi-. Malone: In rev'iewing your application under the above appeal we find that you.did not notifY one of your neighbors, Graham R. Glover. numbered adjoining We enclose herewith a Neighbor Notice form for you to send to Graham R. Glover, 5 Greenview Circle, Huntington, NY 11743. Please return to our office with the necessary certified mail receipt as soon as possible, so we can schedule your appeal. Also, please have signature notarized. Thank you for your cooperation. tm Encl. Yours very trulyj GERARD P.~ GOEHRII~rER CHAIRMAN Ioo ~ LOT" k,OT t06 ff ~l,ge 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TOWN OF SOUTHOLD COUNTY OF SUFFOLK : STATE OF NEW YORK TOWN OF SOUTHOLD : ZONING BOARD OF APPEALS HEARING Me/n ~ad, State ~oad 25 Southold, New York 11971 March 1, 1990 7:30 P.M. BEFORE : GERARD P. GOEHRINGER, Chairman BOARD MEMBeR. S: CHARLES GR I GON I S, SERGE DOYEN, JR. J~tES DINIZIO, JR. 3R. ALSO PRESENT: DOREEN FERWERDA 1 3 4 5 6 7 8 10 11 12 13 14 15 16 17 23 24 MR. DOYEN: MR. DINIZIO: THE CHAIRMAN: Aye. Aye. Let the record show that Mr. Grigonis made the motion and it was seconded by Mr. Dinizio. application over here on North Sea Drive. Mr. Serge, you were not here for this one, but Mr. Malone was gracious enough to come out and meet with us ... very nice man. This is the place that we went down to, the farewell party for Linda. His is the next driveway to the northeast and they are '~uilding a house next-door and it is about or five or and interest- the right-of- three, maybe five houses on this, six lots~on this right-of-way, ingly enough, he owns half of way and the fellow across the street owns the other half. He is seeking to construct a six foot high fence, and my mind escapes me if there are fences to the distance, but I believe he said it was 70 feet. MR. DINIZIO: Yes, no further than 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that, I think. THE CHAIRMAN: Yes, (Whereupon, there was off the record.) THE CHAIRMAN: Okay, I've got 30 here. a discussion the problem is we have a ~lacement where to ~lace it& and number two, do we want to screen it; and number three, do we want to? MR. DOYEN: What do you mean By screen? THE CHA~RM~N: ! asked him if it was going to be graduated six feet. In other words, starting at four and going up to six and going back down again. MR. DOYEN: Yes. Would you do that? ~. CHATP/~AN: ~ust to mke it m little more decorative because it is in his [font yard. ~e said no. MR. DOYEN: the corner. THE CHAIRMAN: MR. DINIZIO: front yard. THE CHAIRMAN: The front yard is not on No. It is definitely in the The side of his house 1 ,2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 8 faces west, and it is really the side e~ his house which is the front yard. We all know across the street we granted this gentlemen a trellis to put up to shade ... to keep his driveway clear of the restaurant next-door. J~Ro ~DY.F.N~ E ~hi,~ ~h,t a ~iv ~ [ence basically is to keep a the corner more than anything else, you? THE CHAIRMAN= Yes. MR. DOYEN= So it is not a horror to look at it and it is not on the corner. THE CHAIRMAN= Okay. He said he was going to place it approximately five feet ... didn't he say that ... five feet ~ns~ae .~ MR. DINIZIO: ... of the right-of- way ... THE CHAIRMAN: ... which, of course, he owns. So we don't have to worry about clear view on don't that, about other people having the right to go over it. MR. DINIZIO: He is going to place that ten feet from the center of the right- 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 of-way. THE CHAIRMAN: into the property. MR. DOYEN: He 9 Which is five feet is not going to cut off the view from his driveway coming in and mu[. THE CHAIRMAN: Okay. MR. DOYEN= That is where it should be four feet and scale up to six feet. THE CHAIRMAN= He doesn't want to do ! asked him that question. that. MR. four feet DOYEN: Well, is for view. · ;, THE CHAIRMAN: this is to shield it the purpose of the Well, the purpose of from the house next- door whl~.h is three stories and overlooks his entire yard. That is what he is saying. )IR. DU]CEN: Okay. ~ st[Il ~on*t think that is a very good idea. You are coming out on the blind. All of a sudden you've got a six foot fence and an automo- bile. want He cannot see it THE COURT: Well, coming out. that is where you to graduate an eight foot section on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 both sides. MR. DOYEN: Well, I don't know. would think so, so people could see him approaching a public thoroughfare. THE CHAIRMAN: ... doesn't This is the right-of-way he owns. the center lot. (Whereupon, there was a discussion held off the record.) MR. DOYEN: ~ere (indicating). THE CHAIRMAN: So this is his Right. out. 10 come out. He owns driveway MR. DOYEN: Who would be using this certainly they could not see him coming If the o~e That is what I am getting at. fence is~,... ! don't know. That is just thought in the matter. the ~uestio~. You go over to the one we just granted down in Southold, up here in ... what is the name of that development, the new one? We granted the fellow the same thing. He had a dead-end road, on the one side. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2.O 21 22 23 24 25 11 MIl. DOYEN: It was just to take into consideration the traffic, whatever, if there was practical[y no traffic. THE CHAIRMAN: not have erected this. out and bought bushes If I was he, I would I would have gone and greens. I wouldn't care if they grow to 20 feet high. The ones you have on your house in Fisher's Island. MR. DOYEN: ! care. ~l~[E ~HA~d~N: Then you can thize with the man. MR. DINIZIO: He wants a six foot fence. I see no problem with him having it. MR. GRIGONIS: If it is chain link you can ~ee right~ through MR. DOYEN: That defeats the purpose. decision we would s~ that the fence starts approximately $0 feet~ o~ay~ from the beginning of his property adjacent to the right-of-way. Okay. Would we say that? We would then say that the fence is not to exceed approximately 70 lineal feet in 6 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 12 length. Is that correct? MR. DOYEN: On the map, is this fence going to be here, starting right here (indicating), approximately 30 feet? THE CHAIPd4AN: It is going to be from here ~here ~=ating). MR. DOYEN: Well, what I am getting at is where he is coming out, here and here (indicating), further back ... he gets the fence ... when he is coming out to the car. THE CHAIRMAN: Right. The point is, what Serge is saying is that the fence should be placed on his own property line. -It should not be placed on the right-of- way. Even though a person owns a right-of- way, we ~ave never placed a [ence on a right-of-way. MR. DINIZIO: Let's put him ~ac~ ~our or ~ive ~eet. T~LE cRALP~MAN: ~ehave [o say he h~ to establish his fence on his own property. He can be six inches in. It can be four inches in. beginning of-way. But it is going to be on the of his property, not on the right- 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 MR. DOYEN: stick his nose out. THE CHAIRMAN: on his own property, 13 Just as long as he can We would establish it inside on his own monuments, on his own property. JAR. DDYE2t: anyway. THE CHAIRMAN: to exceed 70 feet in length, exceed 6 feet in height. MR. DOYEN: say ... in his own It is as we said, not and not to What you are trying to land, as opposed. THE CHAIRMAN: On his own property, exclusive of the right-of-way. All right. We will use the phrase "exclusive of the right-o[!way.~ (Whereupon, there was a discussion bela o~ ~he record.) THE CHAIRMAN: Not to exceed 70 feet in length and 6 feet in height. (Whereupon, there was a discussion held of~ the record.) THE CHAIRMAN: Exclusive of the right-of-way ... if he questions you about 9 10 11 12 13 14 15 16 17 18 19 2.0 21 22 23 24 25 1 2 3 4 5 6 7 8 14 that just tell him we have to allow fire vehicles to pass and they will pass and if the fence is in the way they will knock it down. that? Does anybody have any problem with to grant that? Charlie ... MR. GRIGONIS: MR. DINIZIO: THE CHAIRMAN= All MR. GRIGONIS: Aye. MR. DOYEN: Aye. MR. DINIZIO: THE CHAIRMAN: HR. I see his hand up. Okay. I second. in favor? Aye. Let's go on to ... We have to address this next calendar. Right. I've got a real problem with one gl %he people on this calendar as to whether or not we should even hear the hearing. That's the Jordan's Partners. THE CHAIRMAN: I think we can talk about ... they are asking us to change a zone on that place. What are we going 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 21 22 23 24 25 the Town Trustees that we are leaving it up to him which way he would like us to proceed with his application. This has no bearing on the SEQRA process, and that it doesn't want us to go public hearing with this. We are not making any positive decision and I intend to put this in the letter to him based upon the letter from the Trustees that they have denied him twice on this applica- tion, on his own application, for the traversing o~ the property. MR. DOYEN: Just one comment for the record: This is a very tricky thing because "in effect if he is denied the use of his property that brings up a whole other can of worms. ~, (Time noted: 8:23 p.m.) I, Gall Roschen, do hereby certify that I am an Official Court Reporter and that the foregoing constitutes a true and correct transcript according to my official stenographic notes. GAIL ROSCHEN Official Court Reporter ~ 2 3 4 5 ? 8 I0 11 12 13 15 16 17 18 19 20 21 22 25 MR. is on behalf of Charles Malone, Notice reads as follows: "Again, appeal 3879, variance to the Zoning Ordinance, Article XXIII, Section 100-230C (1), 100-231 A., for permission to construct a 6 foot fence in front yard area, fence exceeds 4 feet in height. Southold. I ~~ 15 GOEHRINGER: Ail right. The next appeal 3879. The legal Property location is 358 North Sea Drive, County Tax Map No. 1000-54-05-19." have a pen sketch of the property and the nature of this application which is a 6 foot high fence on the west side of this particular piece of property. It appears that Mrs. Malone is not in the audience tonight; is that correct? I'll make a motion at the outset of this to recess this Hearing without a date until I find out when they can come. I'll speak to her. Is there anybody that would like to speak concerning this Hearing either pro or against? Seeing no hands, I'll make a motion recessing the Hearing with no date. · MR. DINIZIO: Second. MR. GOEHRINGER: All in favor? THE BOARD: Aye. RAM Court Reporting Service ~16 Court St.,Riverhead, N.Y., (516) ~7.3168 Southold Town Board of Appeals MAIN ROAD- -=:TATE ROAD 25 50UTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. December 19, 1989 S,E..O,.R.A. TYPE II ACTION DECLARATION Appeal No. 3879 Project/Applicants: County Tax Map No. Location of Project: Charles Malone 1000-54-5-19 358 North Sea Drive, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to construct a 6 ft. fence in frontyard area. Fence exceeds 4 f~ in height This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc 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 Sonthold Town Hall, Main Road, Sonthold, 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 XXlIl, 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. ' -~ t,~7:35 p.m. AppL No. 3879- .. CHARLES MALONE. ~}Variance to the Zoning Or- /~nance, Article XXlll, Section 100-230C (1), Section 100-231 A, for permission to construct a 6 ft. fence in fmntyard 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 bearing of October 6, 1988, after decision has been rendered in the matter of AN- THONY SCARMATO INC; 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 representative~ 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 1X-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 ...................... d a" ~<5~ ~.~. 1 c .~ Y °f' '~-'~'a'"z-k':''7 ...... , 9 .~;.. Swo~n to before me this ........ ~., ........... day of ........ ..?i- 7 ..... 19 2 ¢.. Notary Public BARBARA A. SCHNEIDER NOiARY PU~L.tC, State of New York No, 4806846 O,d:iiTi,;d in Suffolk CoulCy /~ gcmmiss~on Expires ,5/~',/'z Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOI. D, I..I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. 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. CHAIRbLkN GOE~IRINGER JUDITH T. TERRY To: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zonin0 Board of Appeals Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 From: Judith T. Terry, Southold Town Clerk Dated: September 5, 1989 Transmitted herewith is Zoning Appeal No. 3879 , application of Charles H. Malone 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 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 NOYICE 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, Sonthold, NY 11971, on TUESDAY, DECEMBER 19, 1989, at the following times: 7:30 p.m. Appl. No. 3870-- MATTHEW CUSUMANO. Variance to the Zoning Ordi- nance, Article XXIII, Section 100-239d, (Article IliA, Section 100-30 A.3) as disapproved, for permission to construct a deck and other additions, proposed construction will be less than 75 ft. from water or wetlands and will have insufficient froot and rear yard setbacks. Property Location: 435 Briarwood Lane, Cutchogue, County Tax Map No. 1000, Section 136, Block 01, Lot 01. 7:35 p.m. Appl. No. 3868-- NICHOLAS NICKOLAUS. Variance to thc Zoning Ordi- nance, Article XXIII, Section 100-239d A, as disapproved, for permission to construct addition to existing one family dwelling and accessory building, propos- ed construction is less than 100 ft. from bluff ~f Sound in this R-80 Zone District. Property Location: 17555 Soundview Avenue, Southold, County Tax Map No. 1000, Section 51, Block 1, LOt 2. 7:40 p.m. Appl. No. 3881- WARREN AUGENTHALER; Variance to the Zoning Ordi- nance, Article III, Section 100-33, for permission to con- struet accessory bulld ng frontyard area. Property Loca- tion: 7225 Nassau Point Road, Cutchogue, County Tax Map No. 1000, Section 111, Block 15, LOt 12. 7:45 p.m. Appl. No. 3893-- MICHAEL AND CLAIRE GLEW. Variance to the Zoning Ordinance, 280-A Approval of Access Right-of-Way, (Article XXVIll, Section 100-281 B, construct a one family dwell- ing). Property Location: 61339 Main Road, Sontbold, County 'Pax Map No. 1000, Section 56, Block I, Lot 41. 7:.~l~n. Appl. No. 3873-- VI~ALETILIC. Variance to theZoning Ordinance, Arti- cle III A, Section 100-30 A.3, for permission to construct a deck addition, construction exceeds permitted lot coverage of this R-40 Zone District. Property Location: 780 Orchard St~et and 1300-2nd Street, New Suf- folk, County 'lhx Map No. 1000, Section 117, Block 7, Lot f 7:55 p.m. Appl. No. 3879--- CHARLES MALONE. Variance to the Zoning Ordir nance, Article XXIII, Section 100-230C (1), 100-231 A., forl permission to construct a 6 ft. Location: 358 North Sea Drive, Sonthold, County Tax Map No. 1000, Section 54, Block 5, LOt 8:00 p.m. Appl. No. 3886-- ROBERT STAPLES. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100-239d (C), new dwelling adjacent to fresh- water wetlands in this R-40 Zone district, proposed dwelling will be closer than 75 ft. from fresh- water wetland. Property Loca-p tion: 785 Wilmarth Avenue, Greenport, County Tax Map No. 1000, Section 41, Block 1, LOt 7. 8:05 p.m. Appl. No. 3894-- JOSEPH AND LAWRENCE PEARLSTEIN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, for addition with insufficient front yard setback. Property Location 2225 North Sea Drive, Southold, County ~ Map No. 1000, Sec- tion 54, Block 04, Lot 23. 8:10 p.m. Appl. No. 3892-- ANTHONY BOLLETINO. Variance to the Zoning Ordi- nance, Article III, Section 100-33, for permission to con- gazebo in front yard area. Pro- perty Location: 16705 Main Road, Route 25, East Marion, County ~ Map No. 1000, Sec- tion 23, Block I, LOt 14.6. 8:15 p.m. Appl. No. 3888-- ERNEST TARMIN. Variance to the Zoning Ordinance, Article III, Section 100-33, for permis- pool, tennis court and shed in froot yard area. Property Loca- tion: 29823 Row off Main Road, Orient, County Lax Map No. 1000, Section 14, Block 2, LOt 1.10. 8:20 p.m. Appl. No. 3887-~ MARK AND ELLIE GOR~ DON. Variance to the Zoning. Ordinance, Article Ill, Section 100-33, for permission to con- struct a tennis court in frontyard area. Property Location: 1019 Private Road g7 Fords Road, Southold, County Lax Map No; 1000, section 87, Block 1, Lot 18.4. 8:25 p.m. AppL No. 3891~- ELIZABETH JOHNSTON. Variance to the Zoning Ordi- nance, Article II1, Section 100-32.4 (A), for permission to construct a lap pool, accessory pools not permit~d in frontyard area. Property Location: Row off Oregon Road, Cutchogue, County Tax Map No. 1000, Sec, tion 073, Block 02, LOt 01. 8:30 p.m. Appl. No. 3884-- DICKINSON/THOMPSON. Variance to the Zoning Ordi- nance, Article I, Section 106-20, (Article III, Section 100-32), for approval of insufficient area in this pending division of land and Bulk and Parking regula- tions. Property Location: Main Bayview Road, Southdid, Coun- ty Tax Map No. 1000, Section 078, Block 09, Lot 30. 8:35 p.m. Appl. No. 3889-- TIMOTHY AND GEORGE WELLS. Variance to the Zoning Ordinance, Article lli A, Sec- tion 100-30 A.3, Bulk and Park- ing Regulations, (Article I, Sec- tion 106-20), for approval of in- sufficient area in this pending division of land. Property l~ca- tion: South Harbor Road, Southold, County Tax Map No. 1000, Section 075, Block 07, LOt 1.3, 1.4, 1.5. 8i40 p.m. Appl. No. 3890~. WALTER GLASSER. Special' Exception to the Zoning Ordi-' nance, Article IX, Section' 100-91, for permission for change of use from Place of Worship to Office/Apartment. Property Location: 475 Beck-. with Avenue, Southold, Coun, ty Tax Map No. 1000, Section 061, Block 1, Lot 25. 8:45 p.m. Appl. No. 3882--- BIDWELL WINERIES. Special Exception to the Zoning Ordi: nanea, Article III, Section 100-30, for approval of con~.n sumer tasting and retail sales from the Winery. Property Location: Route 48, Cutcbogue, County ~ax Map No. 1000, Sec- tion 96, Block 4, Lot 4.3. 8:50 p.m. Appl. No. 3896~ JERRY GAMBONE AND KES ZAPKUS. Special Exception to the Zoning ordinance, Article IX, Section 100-91, for permis- sion to have Office/Retail business on first floor and resi- dential rental apartment on sec- ond floor. Property Location: 55415 Main Road, Southold, County 'lhx Map No. 1000, Sec- tion 62, Block 1, LOt 12. 8:55 p.m. AppL No. 3872-- COMPASS TRANSPORTS. Resolution to com:lude hearing in its entirety. 8:55 p.m. AppL No. 3770~ PORT OF EGYPT. Proposed motion of the Board to re-open said hearing closed on Novem- ber 8, 1989. The Board of Appeals will at said time and place hear any and all persons or rel~e~ntatives de- siring 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 December 4, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD ~ OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Do~en Ferwerda IX, 12/7/89 (10) NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, Law and the ~.a- of thc Town uf BOARD OF APPEALS at · Re~ninr Mee~ng. at the Sonth~d To~m Ha~ 7:45 p.m. AppL No. 3893 -- AwA~D CLAIRE GLEW. to the Zorn# Ordinance. al of Ac~ss Ri~ht-of- Way. (Article XXV]~ Sec~on 100- 281 B. ce~tmct · one family dwelling). ~ Loc·don: 61339 Main Ro~d, Sonthe~, Ceumy Tax Map No. 1000, Se~ion 56, Bi·ok I, L~41. 7:50 p.m. AppL No. 3873 -- VINKO NALETII/C. Vatiam:e ~o the Zoning Ordinance, Atdg~ n~ A. Sec- ~ 100-30 A.3. fo~ l~mtissk~ to construct a deck addition, coverage of rids R-40 Ze~e Distrlcc and 1300-2nd Streek New Sdffolk, Co~mty Tax Map No. 10~0, Section TUESDAY, DECEMBER 19, 1989, 117, Block 7. Lot 22. atth~ f~m~natlmes: ~ 7:55 p.m. Appl. No. 3879~ 7:30 p.m, AppL No. 3870 --- / CHARLES MALONE, Varianen to MATFHEWCUSUMANO. Va~n~ I theZe~dngDidin~nce'AnlckXXRl' lo the Zoning O~dlnance. Article I Section 100-230C (1), 100-231 A., XXI~, Section 100-239d, (Atticin ~"~ fo{ penn~ssinn to construct a 6 ft.~ ma. secfionl00-3OA.3)asdisap- / fenceinfi~tyardm~,fonce~eeeds~ pmved, fotpemtissinntoconstmeta / 4 ft. in heishl. Prep·ny Location: deck md other additions, proposed I 358 No~h Sea Drive, Sonthold. consUuction will be leo than 75 ft. [ County Tax Map No. 1000, Section from wal~ or wedmds and wiU bev· ~ 54, Block 5, L~ 19. insufficient front and t~ar yard set- ~ 8:00 p.m. Appl. No. 3886 -- becks. F,,,p~ty Loettion: 435 Briar- wood Lane. Cutchegue, County Tax Map No. 1000, Sec~on 136, Block 01. Lot 0L 7'35 p.m. Ap~J. No. 3868 -- NI- CHOLAS NICKOLAUS. Vein·ce to the Zoning Ordlnan~, a~dcle ~ Secdon 100-239d A, as dis~,~ed, to exis~ e~e family dweUing and accessory b, tildins, pmpe~ed con- stmctinn is less than 100 fL from bluff uf Sound in this R-~O Zone District. Ps~perty Lo, finn: 17555 Soundview Avenue, Southold, County Tax Map No. 1000, Section 51, Block 1, Lot 2. 7:40 p.m. AppL No. 3881 -- WARRE~ AUOENTHALER. Vari- m to the Zon~ O~n~ce, A.icle /~ Sec~on 10G-33, fe~ period·sin· to consmlct ac~e~smy bdilding in f~nnt- ROBERT STAPLES. Variance to the Zoning Ordinance, Ai~cie Section 100-239d (C), for pemfission to constrm:t a new dwcil~ adjac~u to ftcthwatcr wetlands in ~ R-40 ~ne Dist~et, prepped dwelling will be closer ~han 75 ft. f~ f~hwater. wetland. Property Location: 785. Wilmarth Avenue, Greenport. C~mty Tax Map No.~ 1000. Section 41. Block 1. Lot 7. 8:05 p.m. AppL No. 3894 -- JOSEPH AND LAWRENCE PEARt~I't~/. Va~nce ~o thc 100-244B, for pennlasle~ to con-- muet deck m~didon with imufficicnt ' fl~m yard setbeck. Pix~er~ Location* 2225 Noah Set Drive. Southold.' County Tax MapNo. 1000. Se. cdon 54, Block 04. Let 23. 8:10 p.m. AppL No. 3892 -- gazebo in front yal~s~Ca, property location: 16705 ~oad, Route 25, East Marion.~ Tax Map No. 1000. Section ~J~il~lock I. Lot 14.6. 8:15 p.m. Appl. No. 3888 ERNEST TARMIN. Vatiance to th~ Zoning Ordinance. Article Iii, Section 100-33, for pen~ission to cemuuct Accessories: pool. tennis court and shed in front yard aiwa. Property Loc·tim: 29823 Row off ~ Re~d. Oriem. County Tax Map No. 1000, SecUre 14. Block 2, Lot 1.10. 8:20 p.rn. Appl. No. 3887 MARK AND ELLIE GORDON. Variance to the Z~a~ins Ordinance. A~icle I~, Section 100-33, for per- mission to ~omuu~ a tennla ceurt in frontyard ~.a. Property Location: 1019 Private Road #7 Fords Road, Southold, Coooty Tax Map No. 1000. Section 87. Block 1, LO~ 18.4. 8:25 p.m. Appl. No. 3891 -- I~I rT&BETH JOHNSTON. Variance to the Zoning Ordinance. A~lele H~. Seetlm 100-32.4 (A). for permission to construct a lap pool, accessory po~s nm pem~Ued in frontyard area. Pi~perty Location: Row off Oregon Road, Cutcltogue, Cmmty Tax map No. 1000, Section 073, Block 02. Lo~ 01. 8:30 p.m. Appl. No. 3884 -- DICK~SON/THOMPSON. Variance to the Z~dng Ordlnence. Article I. Se~:~o~ 106-20, (A~cie Section 100-32), for approval of insufficient ar~a in this pending d~vlaion of land and Bulk md Pathins legul~ons. Property Locatie~: Main Bayvinw Road. Southold, County T~ Map No. 1000, Section 078, Block 09. Lo~ 30. 8:35 p.m. AppL No. 3889 -- MOTHY AND GEORGE WELLS. Variance to the Zeinng Ordinance. Article l~i A, Secdon 100-30 A.3, Bulk and Parking Regulations. (Article I, Sect~n 106-20), for ap- proval of insufficient area in this' pending division of land. property 8:40 p.m. AppL No. 3890 -- WALTER GLASSER. Special Ex- cc~tien to the Zorn8 Ordnance, Ar- dele IX, Section 100-91, for pelmis- slon fo~ change of me finn Place of Werddp to OrE,JAp·mn·at. ~ eny I. oc~tion: 475 Beckwith Avmue, Sontho]d, County Tax Map No. 1000. Section 061, Block I, Lm 2~. 8:45 pm, AppL No. 3882 -- INDWELL Wl~.Ir~. ~ Ex- ~4~ion to th~ Zo~in$ Ordimm=, Ar- ~ ~I, ~ 100-30, fo~ f~m th~ Wi~y. l~o~e~ Lotion: Route 48, Cutckogue, County Tax Map No. 1000. Section 96, Block 4, Lm 4.3. 8'.50 p.m. Apgl. No. 3896 -- ~ERRY GAMBONE AND KES ZAPKUS. Special Exception to the Zorn# Ordinance. Article IX, Sec- tion 100-91, fo~ pem~ssion to have Offlee/R~il bu~ness on tim floor and I~identinl ~ntnl apartment on second floor. Pl~operty Location: 55415 Main Road, SeuthoM, Cmmty Tax Map No. 1000. Section 62. Blm:k I, Lm 12. 8:55 p.m. Appl. No. 3872 -- COMPASS TRANSPORTS. Reso- lution to ce~clude heating in its 8:55 p.m. Appl. No. 3770 -- PORT OF EGYPT. proposed m~im of the n~rd to re-open said heating closed on Nov~mher 8, 1989. Tbe Hoard of Appeals wiU et s~dd time and place hear any and ell pet- sore or ~*p,~.~entetives desiring to be heard in each of the above subject hearing. Enc~ hearln8 will not start before time allotted+ Additional time fe{ yeur pl~sentation information, please ~ 765-1809. · Dsted December4, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOERR~[GER yird are~ Pl~perty Locet~n: 7225 ANTHONYBOLLETINO. Variance Location: South Harbor Road, f~IAIRMA~ Nassau Pelnt ~Road, Cutchogue, totbeZonlng~ce, Aniclel]], ..... Southold, County Tax Map No. County Tax M,IP No. 1000, Secdon Section 100-33, for permission to 1000, Section 075. Block 07,~ Ldt Ill..Bl_o~lS_., .~..12- construct an accessory shed and 1.3. 1.4, 13. ~ ~ Patricia Heaney of Mattituck, in said County, being duly sworn, says that ho/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 pub)ished in said Newspaper once each week for 1 weeks successively, commencing on the 7th day of December 1989 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPt-IONE (516) 765-1809 FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. 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 tQ call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, dff GERARD P. GOEHRINGER CHAIRMAN o ~ROJ~o. NUMBE~ J For UNLISTED ACTIONs Only PART I~PROJECT INFORMATION (To be comoleted by ADpllcant or Project sponsor) '. ^FPLICANT,SpO.SOR 617.21 CO Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM SEQR 5, IS PROPOSED ACT;CN: [] New. D Ex=anslan 6. DESCRIBE PROJECT I~RIEFLY: I acres Ultimate/v acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS7 WHAT IS PRESENT LAt~O USE IN VICiNiTY OF PROJECT? I0. DOES ACTION INVOLVE A PERMIT AP'~ROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY O~HER GOVERNMENTAL AGENCY tFEOE STATE OR LOCAL)? [] Yet E] No It yes, Iisi agency(si anti permil.'approval$ I I. DOES ANY ASPECT DF THE ACTION HAVE A CURRENTLy VALID PERMIT OR APPROVAL? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ~e~cti~n.i~in~eCoastal~ea. andyouareast~tea~omalete e~ coastal Assessment Form before proceeding with this assessment th OVER I (ContinUed o~ ~eve~se Side) · =n~ an envi=o~u~enta£ r~v~e~ew ACt ~eauZres SUbm£ssion (c) ZE all questions have been answered No it is [ikel¥ that the ~rOject is no: Signi~ioant. to the project site or physically alter more 6. Will project affect any threatened or endangered plant or animal species? 7. Will project result in a major adverse effect air quality? 8. Will proj$ct have a major effect on visual char_~-Yes ..~_~o Will project result in major traffic problems or cause a ma~or effect to existing transportation ~2. Will project regularl~ cause objectionable odors, 13. Will PrOject have any impact on public health Will pro]ect affect the existing community by chasact6-~r of the community or neighborhood? ~$ there PUblic contrOver=y COncerning the 14. env~rcementai area by a local agency? .___Yes Will project have a m~jor effect on existing or future recreational Opportuni~les? .__Yes Z~A ~/75 ~Yes '/~o QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~TH YOUR APPLICATION FORMS TO THE 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? Yes ~ 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.) Yes ~ b)Are there any areas open to a waterway without bulkhead? Yes Are there existing structures at or below ground level, such as patios, foundations, etc? 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 groundl--l~-~l? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes Yes No Yes ~ Yes ~ Yes ~ Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes ~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Yes Yes Yes ~ Yes ~ Yes ~ Yes ~ 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes ~ 13. Please list present use or operations conducted upon the subject property at this time Please submit photographs for the record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application. Signature (P~6perty Owner) (Authorized Agent) 1/88 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 coy- ered with, or which border on, tidal waters, or ]ands lying beneath tidal waters, which at mean Iow tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, fiats or other Iow lying lands subject to tidal action: (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworte, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and ]ow march cordgrass; ami/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. FRESItWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tie 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "fi'eshwater wetland." 97O5 2-25-85 R-90 A-C ~ R -80 R-80 $OUTHOLD / / / / --54. -$-~1 54. -5-22 STATE OF NEW YORK ' ' COUNTY - SUFFOLK R E A L "P TOWN -OF soUfHoLO ................... _c_&_~_~ s R E F SWIS - 4?]889 PARCEL 51.-5-12 CPE ZLOKLIKOVi~i-~-~N~ ................ C PX GREEN ROBERT E & ~F 5~.~5,16 ........ C RJ SEI~ERT BLANCHE ~;"5;18 C SV DEMOS TRACY C & HELEN c oK ~[~zNczc Jo.. ~ WF C PD GLOVER R GRAHAM & WF C PW CLIFF & PH[L'S LOBSTE~ 54.-5-23 C QP HART CAROL JEANNE 5&';5:~4 C RI ALDRICH FRANK L & ANO 5&.-5-25 C S~ HULSE WALTER & WF 54'-5~26 ..... C SU GOEBEL NARY K 5&.-5-28.1 C VC KELEMPELID[S JAMES & 56.;5;29.1 C VV RAVE 5&.-5-~1 C PV TOWN OF SOUTHOLD 54.;5'32 C O0 CAROO VITO A J~ & WF-" 5&.-5-33 C RH TSEHIRNART WINNIE 5&.;5'35~i ....... ~'~ TP HERZOG LAWRENCE p 54.-5-37. I C VB SMITH CLIFFORD M & WF ............... C V~ TH[RLBY E~[N L & 5~.-5-~1 . C QN STOLL CO~A G 5~.-5-~. 1 - C SV SCHEUER~ANN CAgL 5~.-5-~5.5 V CAPELLUTO ~A~Y ............ ............ C X~ CAPELLUTO JOHN 5~.-5-~5.~ .... C BB STOLL~EYE~ ALEXAN~E~ - C VW MOUS[ADES CHR[STO S4.-5 46.3 5~.-5-47 C ~S MOUSe'DES-~OHN '& WF ............ C UX BOOTH ANTON[A S 54.-5-49. 1 ...... C XF MURPHy JAMES J 5~.-5-50 ...... C QM VACCARO RALPH & DOLORE 54.-5-52 54.-5-53 ........ ~ RY DEUTSCH EDWARD & WF NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearingg will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, ~' 11971, on Thursday, February 15, 1990, at the following thnes: 7:30 p.m. Appl. 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. / 7:35 p.m. Appl. No. 3879 --} ~ ( CHARLES MALONE. Variance to// i l th¢ Zoning Ordinance, Articl~N XXIII, Secl:-~ 100-230 C (1), Section 10C A, for permission/ to construct a o ft./fence in front-( yard area, fence exceeds permitted ft. in height. Property Location: 358 North Sea Drive, Southold, County Tax blap No. 1000, Section k.~4, Block 5, Lot 19. 7:40 p.m. gppl. 1~'^ 3759 -- To conduct a heanng o~ October 6, 1988, after decision has been ~n- dared in the mattar of ANTHONY SCARMATO INC. Property Location: 235 Huckelberry Mill Road, East Marion, NY; County Tax bIap No. 1000, Section 31, Block 16, Lot 9. The Board of Appeals will at said time and place hear any and all per- sons or representatives desiring to be heard in each of the above mat- be submitted prior to the conclusion of the subject hearing. Each hearing will not start b~fote time allotted. Additional time for your presentation will b~ available, if needed. For more information, please call 765-1809. Dated February 6, 1990 BY ORDER OF THE SOUTHOLD TOg, .N BOARD OF APPEALS G ERAP, D P. GOEHP&NGER CHAllLMAN By Do~en Ferwerda 6568-ITF8 ATE OF NEW YORK) )SS: URTY OF SUFFOLK) Patrieia l-l~anoy of Mattituck, in d County, being duly sworn, says that he/she is Principal ~rk of THE SUFFOLK TIMES, a Weekly Newspaper, ~lished at Mattituck, in the Town of Southold, County of ~folk and State of Mew York, and that the Notice of which annexed is a printed copy, has been regularly published In d Newspaper once each week for 1 weeks · ,eessively, commencing en the 8th day of ebruary 1990  //~ Principal Clerk )m to bef~e Me this / _ ;,/~ [~. bi ;~%N BOARD OF,~APP,~EALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~,~ariance)~Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasfollows: -,_%~.CTlo,'V .~ l~/_.o¢/~ _..c LoT' /? 3. That the property which is the subject of such Petition is located in the following zoning district: 4 lhat b,, sucl~ Petiti(m, the undersigned will request the following relief: 5. That the provisions of the SouthoJd Town Zoning Code applicable to the relief sought by the under- signedare ~cle ~ ~ /0o- ~o (c~ /~0-~.~/ ~ [ ] Section 280-R, ~ew Yo~k Town Law fo~ approval o~ access ow~ ~g~t(s)-of-wag. 6. That within five da~ from the date hereof, a written Petition requesting the relief specified above will be filed in t~e Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine t~e same during regular office hours. (516) 7~5-1809. 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 Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ~/ff"/~ ? Petitioner Owners'Names: C A/~t~ L ~-_~' ___~. Jt~/,~.~/~_ Post Office Address Tel. No. ( ) [Copy of sketch or purposes.] plan showing proposal NAME P 077 471 917 RECE-~ CERTIFIED MAll_ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 077 4...~71 919 RECEIPT FOR CERTIFIED MAIL See Reverse) P 077 471 918 RECEIPT FOR~'='~'e"~=~TiFiED MAIL Street and No STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: C~Re-Le~- H. wt~l~E , residing at ~Sg Ho 5~ ~,~ ~uo ~H~ ~ 1197' , being duly sworn, deposes and says that on the ~ day of ~e¢~ ,19 ~ , 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 thor 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 5o u f~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to bef re me this ~ day of~-. ~ , 19 ff/Y ~ Notary Public Tam Expk~ June 12. la? / (This side does not have to be completed on form transmitted to adjoining property owners.)