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Home My WebLink About3942 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 SCO1'T 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 Appl. No. 3942 Matter of DAVID & MARY ANN CREATO. Variance to the zoning Ordinance, Article III, Section 100-31 (A) 1, for permission to have a second dwelling, only one (1) family dwelling permitted on each lot. Property Location: 3439 (ROW) Cox Neck Road, Mattituck, County Tax Map No. 1000, Section 106, Block 08, Lot 51. WHEREAS, a public hearing was held and concluded on May 15, 1990 in the matter of the Application of DAVID & MARY ANN CREATO, under Appeal No. 3942; 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 WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Rosewood Drive, Hamlet of Mattituck, and is identified on the Suffolk County Tax Maps as District 1000, Section 106, Block 08, Lot 51. 2. This is an application for Variances from the Zoning Code Article III, Section 100-31 (A) 1, for permission to have a second dwelling, only one (1) family dwelling permitted on each lot. ~age ~ - Appl. No. 3942 Matter of DAVID & MARY ANN CREATO Decision rendered May 30, 1990 3. Article III, Section 100-31 (A) 1, In A-C, R-80, R-120, R-200 and R-400 Districts, no building shall be erected or altered which is arranged, intended or designed to be used in whole or in part, for any uses except the following: A. Permitted uses. (1) One-family dwellings, not to exceed one (1) dwelling on each lot. 4. The subject premises is located at 3539 (ROW) of Cox Neck Road, Mattituck, and is improved with a 1 1/2 Story frame Cottage & Barn towards the northern end and towards the southerly end is a 2 story frame house, also two accessory sheds. Access to the property in question is from a 20' Right-of-Way extending north from Cox Neck Road, all improvements are shown on the survey dated February 23, 1990, this parcel contains an Area of 3.16+- acres in this R-40 Zone District. 5. In considering this application, the Board finds and determines; (a) that the circumstances of this application are unique and that the relief granted will not change the character of the neighborhood; (b) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (c) 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. Goehrigner, seconded by Mr. Doyen, it was RESOLVED, to GRANT a Variance in the matter of the application of DAVID & MARY ANN CREATO as applied under Appeal No. 3942, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the Board recognizes that this property lies in the R-40 Zone district therefore permits to convert existing cottage & barn into a second dwelling with a minimum of 40,000 sq. ft. for each dwelling. ~ge 3 - Appl. No. 3942 Matter of DA¥ID & MARY ANN CREATO Decision rendered May 30, 1990 2. That a line be drawn in between the main house and accessory cottage & barn to comprise of a minimum 40,000 sq. ft. for the guest cottage & barn. This Board would like to have a copy of the final survey showing stipulations required. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This resolution was duly adopted. df RECEIVED AND FILED BY THE SOUTHOLD TOWN DATE~/'~/~e HOUR Town Clerk, Town of SouWnold GERARD P. GOEHRINGER, C~AIRMAN/ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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, MAY 15, 1990, at the following times: 7:30 p.m. Appl. No. 3940 - HAROLD AND SARA TAUBIN. Variance to the Zoning Ordinance, Article III A, Section 100-30A.4 (100-33) for permission to construct an accessory building in frontyard area. Accessory buildings may be located in the required rear yard. Property Location 625 Terry Lane, Southold, County Tax Map No. 1000, Section 65, Block 1, Lot.23. ~age 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 15, 1990 7:35 p.m. Appl. No. 3937 - PATRICK LOHN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, for permission to construct a deck. Proposed construction will be less than 75 ft. from the bulkhead. Property Location: 2480 Minnehana Boulevard, $outhold, County Tax Map No. 1000, Section 87, Block 3, Lot 57. 7:40 p.m. Appl. No. 3935 - JCM SALES AND LEASING. Variance to the Zoning Ordinance, Article XXIII, Section 239.4, for permission to construct an accessory deck, proposed construction will be less than 100 ft. from the top of the bluff. Property Location: 62825 North Road, Greenport, County Tax Map No. 1000, Section 40 Block 01, Lot 11.1. 7:45 p.m. Appl. No. 3934 - JOYLON STERN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 A(1), for permission to construct addition to one family dwelling. -Proposed construction will be less than 100 ft. from the top of the bluff. Property Location: 63035 County Road 48, Greenport, County Tax Map No. 1000, Section 40, Block 01, Lot 13. ~age 3 - Notice of Hearings Southold Town Board Regular Meeting of May 15, 1990 7:50 p.m. Appl. No. 3933 - PAMELA VALENTINE. Variance to the Zoning Ordinance, Article XXIII, Section 100-231 A, for permission to construct an 8 ft. fence in front yard area. Fence in the front yard area not to exceed 4..ft. in height. Property Location: 34655 Main Road, Orient, County Tax Map No. 1000, Section 019, Block 01, Lot 5 & 6. 7:55 p.m. Appl. No. 3936 - LUCAS FORD. Special Exception to the Zoning Ordinance, Article III, Section 100-31 C.9 (E), for permission to install an off-premises sign. Property Location: 43600 County Road ~48, Southold, County Tax Map No. 1000, Section 063, Block 01, Lot 1.6. 8:00 p.m. Appl. No. 3943 - GREG'S SEAFOOD DOCK & MARKETING, INC. Special Exception to the Zoning Ordinance, Article III A, Section 100-30 A.2 C(1) (100-31C), for permission to construct an off-premises sign. use in this district. Sound Road, Greenport, Block 1, lot 8. Off-premises signs are not a permitted Property Location: 69435 Route 48 & 55 County Tax Map No. 1000, Section 35, ~age 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting May 15, 1990 8:05 p.m. Appl. No. 3945 - BIDWELL WINERIES. Variance to the Zoning Ordinance, Article III, Section 100-30, for permission to set up a temporary tent for cultural events. Proposed tent doesn't address this condition in A-C Zone District. Property Location: 18910 County ~48, Cutchogue, County Tax Map No. 1000, Section 096, Block 04, Lot 4.3. 8:10 p.m. Appl. No. Exception to the Zoning Ordinance, Article III, for permission to have an accessory apartment. Location: 4300 Stillwater Avenue, Cutchogue, 1000, Section 137, Block 2, Lot 21. 3929 - VINCENT ANNABEL. Special Section 100-31, Property County Tax Map No. 8:15 p.m. Appl. No. 3932 - MATHIAS AND MAUREEN MONE. Variance to the Zoning Ordinance, Article XXII, Section 100-239.4 A, for permission to construct a swimming pool, Proposed construction will be within 100 ft. of Long Island Sound. Property Location: 2830 Grandview Drive, Orient, Caunty Tax Map No. 1000, Section 014, Block 02, lot 3.5. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 15, 1990 8:20 p.m. Appl. No. 3939 the Zoning Ordinance, Article permission to construct a one - GEORGE SCHNEIDER. Variance to III, Section 100-32, for family dwelling, Bulk, Area and Parking Regulations and insufficient sideyar~ setback. Property Location: 800 Sterling Road, Cutchogue, County Tax Map No. 1000, Section 104, Block 01, Lot 29. 8:25 p.m. Appl. No. 3932 - ROBERT GREDICK. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, Article IIIA, Section 100-30A.4 (100-33), for permission to construct addition to dwelling and accessory garage in front yard area. Proposed construction will have insufficient front yard setback and accessory buildings may be located in the required rear yard. Property Location: 7825 Nassau Point Road & Clearwater Lane, Cutchogue, County Tax Map No. 1000, Section 118, Block 04, Lot 06. 8:30 p.m. Appl. No. 3931 - JOSEPH SHIPMAN. Variance tQ the Zoning Ordinance, Article X, Section 100-102, for permission to institute a second business, Bulk, Area and Parking Requirements. Property contains less than required business area. Property Location: 6619 Main Road, Laurel, County Tax Map No. 1000, Section 125, Block 01, Lot 19.7. gage 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 15, 1990 8:35 p.m. Appl. No. 3942 - DAVID & MARY ANN CREATO. Variance to the Zoning Ordinance, Article III, Section 100-31 (A) 1, for permission to have a second dwelling, only (1) family~ dwelling permitted on' each lot. Property Lo~ation: 3539 (ROW) Cox Neck Road, Mattituck, County Tax Map No. 1000, Section 106, Block 08, Lot 51. 8:40 p.m. Appl. No. 3941 - CONSTANTINE GEORGIPOULOS. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, for permission to construct a one family dwelling. Proposed construction will have insufficient front yard setback. Property Location: 1300 Lake Drive, Southold, County Tax Map No. 1000, Section 59, Block 1, Lot 21.6 & 21.7. 8:45 p.m. Appl. No. 3911 - WALTER RAFFERTY. Variance to the Zoning Ordinance, Article XXIV, Section 241A, (Article XXVII, Section 100-281 (3), as disapproved, for permission to construct additions and alterations to garage with apartment. Garage living quarters has been dormant long enough to loose its non-conforming status and the use there of. Property Location: East End Road, Fishers Island, County Tax Map No. 1000, Section 03, Block 07, Lot 05. Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting May 15, 1990 8:50 p.m. Appl. No. 3938 - VILLAGE MARINE. Variance to the Zoning Ordinance, Article XII, Section 100-112, Article XII, Section 100-111(C)1, Article XXIII, Section .239.4, for permission to enlarge preexisting marina building and install boat rack (outside). Property Location: 175 Bay Avenue, Mattituck, County Tax Map No. 1000, Section 122, Block 03, Lot 15.1. 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 presentation will be available, if needed. For more information, Please call 765-1809. Dated May 8, 1990 for your BY ORDER OF THE SOUTHOLD 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 ...... .x...e.pA~....~....l:J ....... 19 .~. 9.. for permit to . .~'~ . .?-_-_-_-_-_-_-_~....~,...~g¢~..~.~ at Location of Property .~.ff,~.~, ~,~.o,cO) ..g_~L. ,~Oa.~ ~:~ ' k',,'-/3~ House No.' ....................'S't/e; i ........................ County Tax Map No. 1000 Section .... .I.D..~. .....Block ..... {~ .? ..... Lot ...'~.. ! ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds 0~4r~.'~...~./..~.-..~.1.~.) 4 ....,~.....~.~ ~...~..~.~.~..~. ~. ~,....,,~...~....... . ............... Building Inspector RV 1/80 RECEIVED TOWH OF SOUTHOLD, HEW YORK Sou~lold Tewn C:lmk TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ).~'~ DATE ..... ."/./. J.. '.~../..~ .Q~.. Name of Appellom Street and Number Mattituck New Yack ~-IK~I:R¥ APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of 3539 Cox Neck Road, Mattituck, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1 LOCATION OF THE PROPERTY 3539 Cox Neck Road, Mattituck, New York .................... District 1000 Sectionl06Block8 LotS1 "trent , ........ . ...... ~u Owner David C ~ Mary Ann Ccea~o Map No. Lot No. Prior Owner William & Jeanne Johnson 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 III Section lnn-~ (~) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (×) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Lows Art. J6 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 mode 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 Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP b~ause the applicant desires to rebuild for dwelling. More than specified zoning area exists for two dwellings. Applicant is not desirous of a subdivision and under the zoning code, this proposal falls under Zoning Board of Appeal .s jurisdiction. 2. The hardshipcreatedis UNIQUE and isnotshared by all properties alike in the immediate vicinity ofthisproperty andinthis use district because this is the only parcel in the immediate use district to be of size and configuration to support a second dwelling. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the visual result would not change from what is existing at present. Applicant desires to legalize existing structure without visual alteration. STATE OF NEW YORK ) ) COUNTY SS Signature Sworn to this ......... ./.'Z. .............................. day of..~ .................................... 19 ~2/Z ~ ~ ~ $OUTHOLD PRC~PERTY ~ ,-~' ~;- ~; £ 'TOWN OF..., 'RECORD CARD /~-/~ ,- _~/ ~ OWNER ~' STREET VILLAGE FORMER OWNER N - '~1,~,. h. ~ ~-y~., E ' ACR l ' S ; : W ~PE OF BUILDING R~.~/~/ S~S. ~" '~ VL.~ FARM · CO~. CB. MICS. Mkt. Value ~ND , ,, IMP. TOTAL ~ DATE R~RKS Tillable ~ FRONTAGE ON WATER W~land ' ~ ~ ~'. FRONTAGE ON ROAD Mead~l~d ~' .,:, .-. DEPTH. .' House Plot ~; ,;~ : ~. BULKH~D Total ~ ~ ~ COLOR TRIM Extension Extension Extension Porch Porch Breezeway Garage Patio Total Foundation ~ t~ I C ~ Bath Basement t~R R 7 Floors Ext. Walls Fire Place Type Roof Recreation Room D~ffner ,/ Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway inette LR. DR. BR. FIN. R-80 ? ~ A--C MATTI'TUCK R~80 LIO R-~0 R-80 GR£A T M! POHANIS LUCAS J & ORS 800 800 800 800 NEOCLEOUS NICK & WF 900 ~ 5,500 q00 5,S00 HARALAMBOU PHILIP & KA qo0 &,700 900 G,700 PAPAGEORGIOU SOPHIA 800 ..... 800 800 800 KARTSONIS BILL K & WF 900 7,600 900 7,600 KARTSONIS BILL & WF .... 800 ...... 800 800 800 GATANAS MARK 900 6,200 900 6,200 ZAHARIADIS MICHAEL & P 900 8,000 900 8,000 AMOROSO LOUIS & WF MEYER FRED H & WF 106.-8-37 C VM MACROS STEVEN & WF --I06~8-38 ...... C WF suFFOLK'COUNTY I06.-8-39 C WY DELARDAS KONSTANTINOS 106~-~-40 CRB SPANOS GEORGE E & WF 106.-8-41 C RU PAPPAS CHRIS & YIOTA 900 6,600 900 6,600 900 ...... 7,200 ' 900 ' 7;200 900 7,000 900 7,000 100 .... 100 100· 100 800 800 900 9,500 900 6,900 900 6,900 900 6,300 900 6,300 --106~8-42 ....... C SN PsYLLOS 30HN & WF 800 106.-8-43 C TG ZICOPOULOS D[MITRIOS & 900 --10678-44 ........ ~ TZ PAPA~STANTINOU DEMETRI ' 800 106.-8-45 C US FRAGIAS GEORGIOS 800 106,'8-46 ~ VE FRAGIAS VASSILIOS & WF 900 106.-8-47.2 C XW CUTTRELL GERALD P & MU 1,500 '" I0&.-8-48 ...... ~'WX GARRY JO~N F & JACQUEL ~,600 '- 800 800' 800 6,700 900 6,700 800 ' 800 ' 800 800 800 800 ~,900 900 7,900 &,ZOO 1,500 4,200 ' ~7~?00 ' '1;~00 7,700 C TL TSONTAKIS ARGENTINA 400 &O0 &O0 400 ~--~'~ VD PoLYKARPOU FRIXOS & AT 3,800 ..... ~,800 -' 3,800 3;800 106.-8-50.2~ ' 106,'8-50,4~ 106.-8-50.5 C VZ OMAR MOHAMED SR & SALL 4,600 4,600 &,600 4,600 --I06.-8-50.6 'C WV SIOLAS PETER & GEORGIA 4,200 '~ ~,200 &,200 6,200 106.-8-50.7 C XR BRISOTTI DANIEL V & &,900 18,100 &,900 18,100 1.~-8-5~.2'/ --I~ UX SCHUBERT CHARLES F & W 1,600 4,700 1,600 4,700 · 106,-~-53.1 ~ ........... ~,~ UU ROES~H~BARBARA 1,500 3,300 1;500 ' 3;300 105.-8-53.2 C VQ ROESCH BARBARA ' 600 1,700 --~6.-8-53.3 ' C WM ROESCH BARBARA & ANO 900 1,600 .1.06.-8-54.1 C VN SLEDJESKI STANLEY & WF I06.-8-54,3 ~ XF'PHILL. iPS PETER & WF 106.-9-1 C PQ CANNONE GUSSIE · 106.'9-2.1 CRF CooPER, DAVID W 106.-9-2.2 C SB COOPER DONALD J ---1~6,-9-2.3 C SX COOPER DAVID W 100 100 100 100 ' 1,800 .... 11;100 1~800 11,100 2,200 9,000 2,200 9,000 6'700 "-7;200 6;~700 7,200 1,600 ?,200 1,600 7,200 · 6'~00 6,000 1,400 1,~00 106.-9-2.4 I~6.-9-3 106.-9-~, 1~6.-9-6.1 105.-9-7. & -"106 79-7.5 C TT BARTRA RUTH ANN _ ~ ' C-AC [EOGRANDE DONALD & ANO 5,700 ---11~100 5;700 - 11;100 C RV FRIEDBERG M PAUL 6,800 11,800 6,800 11,800 '' ~-UD NORTH-FORK GREEK COMM ~,000 ~ 20,500 ~,000 20,500 C XK THEODORE JACOB & WF 1,600 ?,600 1,600 7,600 C YG SLEDJESKI HELEN I~200 .... 1'200 1,200 1,200 PAGE ' ' TOTALS'-~ 49 PARCELS (ACTI'VE) ............ 311 1 210 1 210 1 311 1 210 1 311 1 210 1 210 1 210 1 210 1 210 1 692 210 1 210 1 210 1 311 210 t 311 1 311 1 210 1 210 1 210 1 311 311 1 311 1 311 1 210 1 210 1 210 1 210 1 210 1 312 1 32~ 1 210 1 4,17 1 120 1 210 1 120 1 311 1 120 1 120 1 620 8 210 1 311 I 251,200 271,500 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 ~7 37 ~7 14 1988 TOTAL 1989 TOTAL '~TE OF NEW YORK }lINTY - S~FFOLK )WN ~F SOUTHOLD ~[S - 473889 12.-1-14 i1_~.-1--15 I?.-1-16.2 12.-1-17 ~12.-1-19 ~12.-1-21 ~ 12'.-~-1 12.-2-2 11 _-~. 1 13o-1 -3 R E A L P R o P E ~ T Y __ ..... C R O S S R E F E R E N C E L I S T I N ~ PARCEL I DENT I F [ C A T I ~ N ~ S-E Q-U~-N~-E-'~ Y CK 1988-- - ~ OG N A ~ E ................. L~N~ C LU M~iY~2EAN PHILIPPE ~ ..... 6;6-00 ~ C MN CANNON WARREN M & WF ~,600 10,100 C OV WANAT JOSEPH 31,500 &0,600 13.-~-2 CLI C PR POLCA-EK HARVEY ............... ~..700 C OS BROWN DORIS K 7,700 C PL-~A~.~I-AN STEPHAN 5-,~-00 C QE MACARI JOSEPH T 11,000 C K ~- ~-C'~'--J OS E P~ ............ -1 S ~ O0 C LA CANNON WARREN M & SUSA ?00 C KG CHECKLA ,qARRY-& AND 3.400 C KZ MILHALTSES DEMETRIOS & &,O00 C ~-O~A-VALLAC~i DOR~NDO 5~x~O0 CLL METS HOMES INC 1,000 &.700 11,500 5.2'00 11,000 -- 19,800 ?00 4,000 6,000 :- 1,100 13.-2-4 13_;2;5 13.-2-6 13 _; 2--7 1~'~;~- 9 !13.-2-10 !13.-2-12 ......... PAGE KORALESK[ ROSE C MB SCHMITT PHIL~P--S-~ WF C MU SABAT BRUNO JR & WF C~NN'¥~RM~Y -THOMAS J-& ..... C OG ERICSON LEROY & ADELE C OZ CLAIRE DENNIS D'J~ ~'W--'. C PS SCHOLAND GREGORY & KAT C QL KOROLESKI R~SE ............ C KO MULRA[N EDWARD & JANE C LH MAVRIK~S ALEXANDROS & ____~_MA. ~VROG~ORGIS..STELIOS 100 100 1.000 5.600 1,000 7.600 --~ ~00~0 ?, 300 I ,000 6,900 C MT MAVROGIORGIS HELEN C NM MAVROGIORGIS STELIOS C OF KOROLESKI ROSE C OY SENJA ANTHONY & BARBAR C PR KO~OL~'SKI'"~OSE C QK FLINTER WILLIAM J & JA C LG PONZIO HAROLD J & WP C--~Z--S-'LED j-ES ~ [""EEO- ~'-WF .......... 9';OOO ~'~ MS STRZEPEK RICHARD E & W 1,000 --'/~-T~[~'CENSK~-DONALD-~ 1.000 "~---~' OE KOROLESKI ROSE 1.000 '-' 5,800 1,000 7,000 800 800 T;O00 6,700 800 800 800 '--"~00 800 800 -~00 400 400 400 f~OOO 2.300 1,000 5,100 1;0oo T;'qOU 1,000 5,200 51'-PARCELS CACT IVE) --TOTAE'S' - 6,zuO 5,200 ?~6q30 100 100 ~--OX KOROL'~KI'"~OSE .................. 200 C PQ KE[L CAROL C 3,700 8~400 ;,,~OM ~:i'MO~'g-LEONARD &-TEM~ ....... f~700- 1.700 C PI O'SULLIVAN JEREM & WF 1.900 9,900 '~NN TA~NENBAUM MARTIN j-& ........... ~,200 ....... ~600 -- C NK MESKOUR[S MARY 1,500 1,500 C~DYROJANOWSKI RICHARD'~ ....... 1,800 '"-~'OW FLANELL STAN & ELIZASE 1,600 8,000 .... ~-'~H' MATTE~-MICHAEL F-& C SD DELAFUENTE PAUL & LEE 1,600 9,500 C--~-Z SHAw ~OUGLAS & ORS C TV HAAN HENRY & MARY JEAN 1,800 8,600 ~ QI TSONTAKIS ARGENTINA '800 ~0'- 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 July 13, 1990 Mr. Henry Raynor P.O. Drawer A Jamesport, NY 11947 Re: Appl. No. 3942 - DAVID & MARY ANN CREATO (Variance) Dear Mr. Raynor, Transmitted for your records is a copy 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 comz~encing 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 By Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors' County ~ Office JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY. SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 3942, DAVID C. S MARY ANN CREATO DATE: APRIL 19, 1990 Transmitted is application for variance for DAVID C. AND MARY ANN CREATO together with notification to adjacent property owners; Notice of Disapproval from the Building Dept.; short environmental assessment form; Certificate of Occupancy from the Building Inspector; Zoning Board of Appeals Questionnaire form; and survey of property, Judith T. Terry Southold Town Clerk P. O. DRAWER A Jamesport, NY April 18, 1990 11947 Southold Town Zoning Board of Main Road Southold, NY 11971 Appeals RE: Application of David C. and Mary Ann Creato 3539 Cox Neck Road, Mattituck, New York Dear Sirs: Please find enclosed the following: 1) Notice of Disapproval from Building Inspector 2) Application in triplicate 3) Notice to Adjoining Property Owners form 4) Environmental Assessment Form 5) Z.B.A. Questionnaire 6) Copies of Certificates of Occupancy 7) of survey S) Four prints Filing fee HER:ml Encs. Sincerely, 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 : Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 May 15, 1990 7:37 P.M. BEFORE : GERARD P. GOEHRINGER, Chairman. BOARD MEMBERS: CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Doreen:Ferwerda, Secretary to Board ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 MR. SHIPMAN: Thank you. THE CHAIRMAN: Anybody else that would like to speak in favor of the application? Is there anybody that would speak against the application? Are there any questions the Board members? Again, hearing no I make a motion closing the hearing and reserving decision until later. MR. DOYEN: Second. like to from any of further questions, THE CHAIRMAN: All in favor? MR. GRIGONIS: Aye. MR. DOYEN: Aye. Aye. Aye. Thank you very much MR. SAWICKI: MR. DINIZIO: THE CHAIRMAN: for coming in. MR. SHIPMAN: THE CHAIRMAN: Thank you. The next appeal is David and Appeal Number 3942 in behalf of Mary Ann Creato. follows: 71 The legal notice reads as 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 Appeal Number 3942, David and Mary Ann Creato. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to have a second dwelling, Cox Neck Road which I think acres, 1990. (A)i, MR. RAYNOR: Henry Raynor, in behalf of the applicants. Basically this is a request to legalize the existing second dwelling which exists on the property. This structure, as noted on the property, pre- exists the Town ordinance and has been utilized in its present time since then. I 72 only (1) family dwelling permitted on each lot. Property Location: 3539 (ROW) Cox Neck Road, Mattituck, County Tax Map Number 1000, Section 106, Block 08, Lot 51. I have a copy of the survey indicating length of the right-of-way from and the side of the parcel, it is pretty close to 3.16 and the survey is dated February 23, I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Would you like to be heard? ¢ ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 have for the Board, also, affidavit, if they do not 73 a former owner's have one in the file, which predates this Zoning Ordinance as to the use of a second dwelling. This Board is well aware in January of 1989 the Town Board changed the zoning on this parcel to R40. This parcel contains 3.16 acres. area THE CHAIRMAN: will be in excess of living area as called for in all of There is more than sufficient for the two dwellings. The second dwelling 850 square feet of the Town Finally, the applicant visual changes to what exists there today but is desiring in keeping the character with the existing neighborhood, and respectfully requests approval. We will be happy to answer any questions the Board may have. THE CHAIRMAN: It is my understanding, Mr. Raynor,. that there is a portion of the rear barn that is used as a cottage, and that is the portion that you codes. MR. RAYNOR: intends to have no 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 74 are referring to? MR. RAYNOR: It is. THE CHAIRMAN: The cottage is approximately one and a half stories, with an open vaulted ceiling on one side of the building and the remaining portion of the barn is utilized as a storage shed or barn? MR. RAYNOR: Yes. THE CHAIRMAN: If the Board denied this application, it would require this applicant very simply to subdivide the property, if he or she so wishes. MR. RAYNOR: That is an option they are not desirous of doing. That is because they would like to maintain the character and nature and true beauty of the property as it exists. THE CHAIRMAN: The building itself contains its own sanitary facilities and its own well. MR. RAYNOR: as its own electrical THE CHAIRMAN: the right-of-way That is correct, as well services. And access is through to the parcel. ¢ £ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 MR. RAYNOR: THE CHAIRMAN: the questions I have. 75 That is also correct. I think those are all Are there any questions from any Board members? Let's see what develops. Thank you very much. Is there anybody else that would like to speak in favor of this application? Is there anybody that would like to speak against the application? MR. McLAUGHLIN: Kevin McLaughlin. I am here representing Barbara Roesch. I don't think there is a factual or legal basis presented to the Board to grant the relief that they are requesting. The fact that there has been a legal use of this property for some period of does not form the basis for variance application. time certainly granting a Certainly I don't think there has been or should be whatsoever any practical difficulty or unnecessary .hardship placed upon the applicants upon the denial of this variance application. Other remedies are 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 76 available to the applicants if they so deem that they should follow these, such as what has been discussed; the property of the subdivision. I think this would set a very dangerous precedent there throughout the Town of Southold and that anyone with a structure of sufficient size on the property can come in and make a similar application and refer the Board to an approval of this variance application in support of any further applications. And for all those reasons I would respectfully request pending application. THE CHAIRMAN: where Ms. Roesch lives? here I haven't seen in MR. McLAUGHLIN: the Board deny the Can I ask you, Kevin, I have a name on a long time. She has two parcels; one of which borders on Luthers Road, and the second one we have on the first parcel, and that's the second parcel, the parcel that is actually adjoining the applicant's parcel. ¢ ¢ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 THE CHAIRMAN: the barn on it? MR. McLAUGHLIN: THE CHAIRMAN: Raynor? MR. RAYNOR: 77 Is that the one with Yes. Any rebuttal, Mr. Only to mention that ! believe the existence of the two dwelling concept on the parcel largely enough has already had a precedent set in the Township and I believe that that, in fact, has already been something that has come before this Board a number of times. Also, I don't believe there exists any parcels in the i~Faediate neighborhood in excess of 3 plus acres. THE CHAIRMAN: Thank you. Is there anybody else that would like to speak, either pro or con, on this application? Are there any questions from Board members? Hearing no further questions, ! make a motion closing this hearing and reserving decision until later. MR. SAWICKI: Second. 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 THE CHAIRMAN: MR. GRIGONIS: MR. SAWICKI: All in favor? Aye. Aye. MR. DOYEN: MR. DINIZIO: THE CHAIRMAN: for coming in. Aye. Aye. Thank you very much tonight. hearings, recess. Village Marine will not be here Before we hear the last two we will take a three minute I make a motion. MR. SAWICKI: Second. THE CHAIRMAN: All in favor? MR. GRIGONIS: Aye. MR. SAWICKI: Aye. 78 MR. DOYEN: Aye. MR. DINIZIO: Aye. (Whereupon, a brief recess was taken at 9:10 p.m. and the hearing resumed at 9:13 THE CHAIRMAN: MR. SAWICKI: THE CHAIRMAN: I need a motion to So move. All in favor? 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. MR. MR. MR. THE CHAIRMAN: 79 GRIGONIS: Aye. SAWICKI: Aye. DOYEN: Aye. DINIZIO: Aye. The next appeal is xn behalf of Constantine Georgipoulos. The legal notice reads as follows: Appeal Number 3941, Constantine Oeorgipoulos. Variance to the Zoning Ordinance, Article IIIA, Section 100-30 A.3, for permission to construct a one family dwelling. Proposed construction will have insufficient front yard setback. Property Location: 1300 Lake Drive, Southold, County Tax Map Number 1000, Section 59, Block 1, Lot 21.6 and 21.7. I have a copy of a survey dated February 20, 1980, in behalf of Roderick Van Tuyl, P.C., and indicating this proposed dwelling, and in this particular case it doesn't coincide with the application. have a copy of the Suffolk'County Tax Map indicating this and surrounding properties in the area. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. DOYEN: Aye. MR. GRIGONIS: Aye. MR. SAWICKI: Aye. MR. DINIZIO: Aye. (Time noted: 9:27 p.m.) 90 I, GAIL ROSCHEN, do hereby an Official Court Reporter and constitutes a true and accurate official steno§raphic notes. certify that I am that the foregoing transcript according to my ~A-fL ROSC'HEN Official Court Reporter 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 May 15, S.E.Q.R.A. TYPE II ACTION DECLARATION 1990 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Sx)uthold, New York 11971 .Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 394] Project/Applicants: County Tax Map No. Location of Project: David & Mary Ann Creato 1000-106-8-51 3539 (Row) Cox Neck Road, Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to have a second dwelling on property 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 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 SCO'I~ 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 27, 1990 Mr. Henry Raynor P.O. Box Drawer A Jamesport, NY 11947 Re: Appl. No. 3942 - DAVID & MARY ANN CREATO (Variance) Dear Mr. Raynor: 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 on this application is expected to be held on or about May 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, GERARD P. GOEHRINGER CHAIRMAN GPG/df 828 FRONT STREET, R O. BOX 803 GREENPORT, NY 11944 (516~ 477-1016 ' April 24, 1990 Southold Town Board Southold Town Hall Main Road Southold, New York of Appeals 11971 Re: Petition of David C. and Mary Ann Creato Tax Map No. 1000-106-8-51 Gentlemen: Please be advised that I represent Barbara Roesch, adjacent property owner (Tax Map No. 100-1-6-8-53.1) to the subject parcel. Please keep me advised as to all hearings matter. JKM/bl Very scheduled in this /tr y~ ,~ ~ln CC: Henry E. Raynor, Jr. P.O. Drawer A Jamesport, NY 11947 APPEALS BOARD MEMBERS Gerard P. Goeh~inger, 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 May 9, 1990 TO WHOM IT MAY CONCERN: The Board of Appeals Regular Meeting will be held on TUESDAY, MAY 15, 1990 not as shown on the Legal Notice - Thursday, May 15, 1990. Very truly yours, Gerard P. Goehrigner, Chairman ZBA/df '~EGA~ NOTICES FOR May 1990 Meeting - Sent out on or abou[ -~ 1990 George Schneider #3939 -.George Schneider, P.O. Box 1185, CutchOgue,NY 11935 Peter Helinski for Harold Taubin #3940-1570 Pequash Ave., Cutchogue $or Kooert Gredick #3923 Vincent Annabel, 4300 Stillwater AVe., Cutchogue - #3929SE Ms. Pamela Valentine, 249 West 49th St., New York,NY 10001 for #3933 Richard H. S~haefer, Inc., 117 West Bayberry Rd., Islip, NY 11751 for Mone #_3937 Joseph Berardino, 37 Avery Rd., Woodbury,NY 11797 for JCM SAles & Lea.~in9 #3935 Joseph Shipman, 985 Elijahs Lane, Mattituck for #3931 Environment East, 3075 Indian Neck Lane, Peconic~NY 11958 for Stern #3934 Thomas T. McVann, Jr,Esq., P.O. Box 827, Westhampton Beach,NY 11978 for Lohn #3937_ Charles Cuddy, Esq., 180 Old Country Rd., Riverhead,NY 11901 for Village /~.~ ~_ ~arine ~393~ _ ~homas McCarthy, Pudge Corp., P.O. Box 1145, Southold,NY 11971 for Lucas ~3802S Paul Cam~n~t~, [sq., P.O. Box 992, Southold, ~ 11971 James ~. Ri~hter, $8 ~inter St., Boston, 8g 02108 fop Raffe~ty ~3911. 2Karen J. Hage, · ~ah Dory, NHFor Commons) #3907 Aliano (Pequash nry Raynor, P. '0. Drawer A., Jamesport, NY 11947 ncy Sawastynowicz, 1100 Alvhs Lane, Cutchogue,NY 11935 Esq., Wickham,Wickham, Gressler, 0.0. Box 1424, Mattituck 1194~ Esq., P.O. Box 1181, Cutchogue,NY 11935 /~O'I'iCE OF HEARINGS- -- ...... ~ of the Town of Southold, the foBow/ng heatings w/il be held by the SOUTHOLD TOWN BOARD OF APPEALS at ~egula,,r Meeting, It the Southold lown t~all, Main Road, Semhold NY 11971; on TUESDAy, 15, 1990, at the lo,oWing times: ~oLD AND SARA TAUBIN. Vatinnce to the ~ning Ordinance, Article ~ A, Section 100-30A.4 (1~0-33_ fe~ pennissina ~o cemtmct an accessory building in fron,-esd Southold, County Tax Map No' 7:3a p.m. App?. No. 3937 ~ Zoning Ordinaoce,. Article Section 100-23~4 B, for permission to c~stmct a deck. Proposed con- s~ruaien will be less than 75 ft. the bulkhead. Property Location: 2480 Minnehaha Boulevard. Southold, County Tax Map No. 1000, Sectkm 87, Bleck 3. Lct 57. 7:40 p.m. Appl. No. 3935 ~ -rCM SALES AND LEASING, Vari- ance to the Zoeing Ord/nnnce~ ARi.~ cl? XXI~, Section 239 4, f~ per- mlssmn to construct an accessory, less than 100 fl. fr~n the rep of ~he bluff. Property Location: 62825 No~h Road, Gmenporg County Tax Map No. 1000, Section 40, Block 01, Lin II.L 7:45 p.m. AppL No. 3934 ~ 3OYLON STERN. Variance to the Zoning Ordinance, Article XX~f, S~ct!oa 100-239.4 A(I), for per- family dwelling. Proposed con-o atloe: 63035 C~nty Road 48, Greenport, County'Tax Map No. 1000. Sectin~ 40, Bleck 01, Lce 13. 7:50 p.m. AppL No. 3933 -- PAMELA VAL~NT~NI~. Va~ance to the Zoning Ordinance, Article ~X~. Seetioe 100-231 A, for per- be/iht. Property Location: 34655 Main Road, Orient, County Tax Map No. 1000, Section 019, Rlock 01, L~5&6. 7:55 p.m, AppL No. 3936 -- LUCAS FORD. Spec. iai Exception to ?e Zoning Ordinance. Article ~, Sec~e~ 100-31 C.9 (E), f~- pennis. sma to install an ~f-pm~ises sign, Property Location: 43600 County Road #4~, Southold, County Tax Map No. 10~O, Set,on 0~30 Block 01, L~ 1.6, 8:00 p.m. Appl. No. 3943 -- GREG'S SEAFOOD DOCK & MARKETING, INC. Special Excep- floe to the Zoeing Ordinance, A~- ~ ~ ~0 A.2 C(I) (1~1~, f~ ~issi~ to ~n- st~ct ~ off-premises sign. Off- ~: ~35 R~te 48 & 55 S~nd R~d, ~, ~. T~ M 8:05 p.m. AppL ~o. 3945 ~ up a tempora~ lent for cultural events. Pro~sed tent d~sn't ad- d,ss · is c~diti~ ~ A-C ~ne. 8=10 p.m. Appl. No. 3929 ~1 cepti~ to ~e ~ing O~inan~J Tax Map No. I~, Secti~ 137, BI~ 2,~21. 8:15 p.m. AppL No. 3932 ~ MATHIAS AND MAUREEN MONE. Variance to the Zoning Ord~ce, A~cle ~ C~ty T~ Map N~ 1~, ~ 8=20 p.m. Appl. No. 3939 ~ GEORGE SCHNEID~. Vaffan~ ~ ~ectinn 1~-32, for ~ission to~ construct a ~e family dwelling, ~ ~d inseffinient sideyard setback. [ Property Location: 800 Stedingl R~, Cut~ C~ T~ 8:25 p.m. Appl. No. 3932 ~ ROBERT GRED[CK. Valance to tmn ~-30A.3. Article Ilia S~tion 1~-30A.4 (100-33) f dweH~g and accesso~ gauge ~ w~ ~ve ~s~mt ~t y~ Property Location: 7825 Nassat Point Road & Clearwater Lane Cmchogue, Cowry Tax Map No, 8:30 p.m. AppL No. 3931 - ~EPH S~M~. Va~n~ m ~ ~g Ord~, Article X~ Sec ~9.7. //~8.'35 p m Appl No cation. 3530 I~n~ CON~TANTIN~ G~ORGIPOU. yard ~ ~t setback. Pr~y ~on: Tan Map No. I~0, Section B]~ 1, ~2L6& 21.7' . W~5 p.m. AppL No. 3911 the Zoning Ordlnaace,~c~ ~, Section 241A. (A~inle gauge wi~ a~enL ~ge ~v- 8:50 p.m. AppL No. 3938 ~ Section 239.4, for ~issi~ to B g O~ OF 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 TUESDAY, MAY 15, 1990, at the following times: 7:30 p.m. Appl. No. 3940-- HAROLD AND SARA TAU- BIN. Variance to the Zoning Ordinance, Article III A, Sec- ~tion 100-30A.4 (100-33) for per= mission to construct an aeces- sory building in frontyard area. Accessory buildings may be "- located in the required ~ar ymd. '~ Property Location 625 Terry Lane, Southold, County Tax Map No. 1000, Section 65, Block 1, Lot 23. 7:35 p.m. Appl. No. 3937-- PATRICK LOHN. Variance to the Zoning Ordinance, Article XXI.II, Section 100~239.4 B, for permission to construct a deck. Proposed construction will be less than 75 ft. from the bulk- head. Property Location: 2480 Minnehana Boulevard, Southold, County Tax Map No. 1000, Section 87, Block 3, Lot 57. 7:40 p.m. Appl. No. 3935-- JCM SALES AND LEASING. Variance to the Zoning Ordi- nance, Article XXIII, Section 239.4, for permission to con- struct an accessory deck, pro* posed construction will be less than 100 ft. from the top of the bluff. Property Location: 62825 North Road, Greenport, Coun- ty Tax Map No. 1000, Section 40 Block 01, Lot I1.1. · 7:45 p.m. AppL No. 3934--.~ JOYLON STERN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 A(I), for permission to construct ad- dition to one family dwelling. Proposed construction will be less than 100 ft. from the top of the bluff. Property Location: 63035 County Road 48, Green- port, County 'Fax Map 1000, Section 40, Block 01, Lot 13. 7:50 p.m. Appl. No. 3933-- PAMELA VALENTINE. Vari- ance to the Zoning Ordinance, Article XXIII, Section 100-231A, for permission to construct an 8 ft. fence in front yard area. Fence in the front yard area not to exceed 4 ft. in height. Property Location: 34655 Main Road, Orient, County ~ax Map No. 1000, Sec- tion 019, Block 01; Lot 5 & 6. 7:55 p.m. Appl. No. 3936-- d' LUCAS FORD. Special Exceod~ Zoning Ordinance, Article II1, Section 100-31 C.9 (E), for permission to install an off-premises sign. Property! Location: 43600 County Road #48, Southold, County 'lhx Map No. 1000, Section 063, Block 01, Lot 1.6. 8:00 p.m. Appl. No. 3943-- GREG'S SEAFOOD DOCK & MARKETING, INC. Special Exception to the Zoning Ordi- nance, Article III A, Section 100-30 A.2 C(I) (100-31C), for permission to construct an off- premises sign. Off-premises signs are not a permitted use in '~his district. Property Location: 69435 Route 48 & 55 Sound Road, Grcenport, County Tax MaP No. 1000,~ Section 35, Block I, LOt 8~ ~." · 8.'05 p.m; Appl.~No. 3945-- BIDWELL WINERIES. Vari- ance to the Zoning Ordinance~.~ Article III, Section 100-30, fop permission to Set up a tem- porary tent for cultural events. Proposed tent doesn't address this condition in A-C Zone Dis- trict. Property Location: 18910 County Road ,$'48, Cutchogue, County Tax Map No. 1000, Sec- tion 096, Block 04, LOt 4.3. 8:10 p.m. AppL No. 3929-- VINCENT ANNABEL. Special Exception to the Zoning Ordi- nance, Article I11, Section 100-31, for permission to [~ave an accessory apartment. Pr6pcr- ty Location: 4300 Stillwater Ave- hue, Cutchogue, County Tax Map No. 1000, Section 137, Block 2, Lot 21. 8:15 p.m. AppL No. 3932-- MATH1AS AND MAUREEN MONE. Variance to the Zoning Ordinance, Article XXII, Sec- tion 100-239.4 A, for permission to construct a swimming pool· Proposed construction will be within 100 ft. of Long Island Sound. Property Location: 2830 Grandview Drive, Orient, Coun- ty Tax Map No. 1000, Section 014, Block 02, Lot 3.5. 8:20 p.m. Appl. No. 3939-- GEORGE SCHNEIDER. Vari- ance to the Zoning Ordinance, Article III, Section 100-32, for permission to construct a one family dwelling, Bulk, Area and Parking Regulations and insuf- ficient sideyard setback. Proper- ty Location: 800 Sterling Road, Cutchogue, County 'lhx Map l No. 1000, Section 104, Block 01, LOt 29. 8:00 p.m. AppL No. 3943---' GREG'S SEAFOOD DOCK & MARKETING, INC. Special' Exception to the Zoning Ordi- nance, Article III A, Section: 100-30 A.2 C(I) (100-31C), for permission to construct an off,~~ premises sign. Off-premis~i signs are not a perql~d use in this d/strict. Prope~bcation: 69435 Route 48 &~"~5 Sound Road, Greenport, County Tax Map No. 1000, Section 35, Block 1, LOt 8. 8:05 p.m. Appl. No. 3945-- BIDWELL WINERIES. Vari- ance to the Zoning Ordinance, Article Ill, Section 100-30, for permission to set up a tem- porary tent for cultural events. Proposed tent doesn't address this conditfon in A-C Zone Dis- trict. Property Location: 18910 County Road #48, Cutchogue, County Tax Map No. 1000, Sec- tion 096, Block 04, Lot 4.3. ' 8:10 p.m. Appl. No. 3929-- VINCENT ANNABEL. Special Exception to the Zoning Ordir nance,~:Article 11I, Section 100-31, for permission to have . an accessov] ap.~ment. Proper- hue, Cutchogue, County Tax Map No. 1000, Section 137,' Block 2, Lot 21. 8:15 p.m. Appl. No. 3932-- MATHIAS AND MAUREEN MONE. Variance to the Zoning Ordinance, Article XXII, Sec- tion 100-239.4 A, for permission to construct a swimming pool. Proposed construction will be within 100 ft. of Long Island Sound. Property Location: 2830 Grandview Drive, Orient, Coun- ty Tax Map No. 1000, Section 014, Block 02, LOt 3.5. 8:20 p.m. AppL No. 3939-- GEORGE SCHNEIDER. Vari- ance to the Zoning Ordinance, Article I11, Section 100-32, for permission to construct a one family dwelling, Bulk, Area and Parking Regulations and insuf- ficient sideyard setback. Proper- ty Location: 800 Sterling Road, ~ Cutchogue, County Tax Mal5~'~ No. WOO, Section 104, Block 0~,,~ Lot 29. 8:25 p.m. Appl. No. 3932~. ROBERT GREDICK. Variance to the Zoning Ordinance, Arti- cle IliA, Section 100-30A.3, Ar- ticle IliA, Section 100-30A.4 (100-33), for permission to con- strvct addition to dwelling ~and g0: accessory garage in front yard~ area. Proposed construction will have insufficient front yard set- back and accessory buildings may be located in the required rear yard. Property Location: 7825 Nassau Point Road & Clearwater Lane, Cutchogue, County Tax Map No. 1000, Sec- tion 118, Block 04, LOt 06. 8:30 p.m. Appl. No. 3931- JOSEPH SHIPMAN. Variance to the Zoning Ordinance, Artl- cie X, Section 100-102, for permission to institute a second business, Bulk, Area and Park- ing Requi~ments. Prope~y con- rains less than required business Main Road, Laurel, County Tax Map No. 1000, Section 125, Block 01, Lot 19.7. ~"8:35 p.m. AppL No. 3942~'~ DAVID & MARY ANN CREATO. Variance to thc Zon- ing Ordinance, Article Ill, Sec- tion 100-31 (A) I, for permission to have a second dwelling, only (1) family drilling permitted on each lot. Property Location: 3539 (ROW) Cox Neck Road, Mattituck, County'lhx Map No. I 1000, Section 106, Block 08, Lot 8:40 p.m. Appl. No; 3941--,- CONSTANTINE GEORGIPOULOS. Variance to the Zoning Ordinance, Article iIIA, Section 100-30A.3, for permission to construct a family dwelling. Proposed cofl~ struction will have insufficient front yard setback. Property'.: Location: 4300 Lake Drive, I Southold, County Tax Map No. 1000, Section 59, Block I, Lot 21.6 & 21.7 8:45 p.m. Appl. No. 39II-,- WALTER RAFFERTY. Variance to the Zoning O~-,, dinanee, Article XXI~ Sectio]l" 241A, (Article XXVII, Section 100-281 (3), as disapproved, for permission to construct addi- tions and alterations to garage with apartment. Garage living quarters has been dormant long enough to lose its non- conforming status and the use thereof. Property Location: East End Road, Fishers Island, County ~ Map No. 1000, Sec- tion 03, Block 07, Lot 05. 8:50 p.m. Appl. No. 3938~ VILLAGE MARINE. Variance. to the Zoning Ordinance, Art~ cie XI1, Section 100-112, Articl~ XlI, Section 100-111(c)1 Article' XXIII, Section 239.4, for per'* mission to enlarge marina building and install rack (outside). Property Loca~ tion: 175 Bay Avenue, Matti~ tuck, County Tax Map N~. 1000, Section 122, Block 03, LOt 15.1. The Board of Appeals will at said time and place hear any and all persons or representatives 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: MaY 8, 1990 . I ' · ' ~" ?" BY ORDER OF : THE SOUTHOLD TOWN i,l]~. BOARD OF APPEAL8 GERARD P. GOEHRINGERL~: ~ I' (.' ' ' CHAIRMAI~Iggl-al "I ~ ~ Doreen Ferwerd~' :~ '~,. '~,; IX. 5/10/90 ¢301 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. JOSEPH H.$AWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I.,iN.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 tQ call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, CHAIRMAN dff o ~PRO~'~I.O. NUU~E~ F- 617.71%. SEQR Appenaix C Slate Environmental Quality Review SHORT ENVIRONMENTAL ASSESSI~IENT FORE For UNLISTED ACTIONs Only PART t--PROJECT INFORi%~ATION (To be completed by Applicant or Project sponsor) vid C. and Mar~ 3539 Cox Neck Road, Mattituck' · . (1000-106-8-51) $. IS PROPOSED ACTION: ~] New [2] Expansion 6. DESCRIBE PROJECT BRIEFLY: Applicant seeks to obtain building permiC.for second dwelling. only current zoning permits s~ngl.e family dwelling 10. t~CES ACTJOrJ INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTiMATELy FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)7 It yes, llst agency(s) and permillapprovals I I. DOES ANY ASPECT CF THE ACTION HAVE A CURRENTLy VALID PERMIT OR APPROVAL7 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE '----------'--'--- name: Henry E. Ravnort Jr. Aaenb for Cre~t.Q Oale: 4/]R/90~ cy, complele Ih ~ ~ g ,, this assessment OVER 1 (Continued on reverse side) I~NSTRUC~.--IC~S: -- -- (a) £~-order ZO answer the questions in this short £AF it is assumed that the preparer will Use CUrrently available information Cnnccrnino the pro,oct and the likely impacts of the additional Studies, research Or other action. It is not exoected that investigations will bE Undertaken. (b) If any question has been answered Yes the project may be sig- (c) If all questions have been answered NO it is llkely that the project is not Sign/ficant. (di Environmental Assessment 1. Will project result in a large Physical chan=e to the project site or physically alter more than 10 acres of land? 2. Will there be a major change to any Unique or 3. Will project alter or have a large effect on 4. Will project have a potentially large imoact on groundwater quality? _ 5. Will project significantly effect drainage flow on adjacent sites? 6.;~ill prelect affect any threatened or endancered-2~-¥es plant or animal Species? 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char_· .Yes actor of the community or SCenic views or vistas known to be important to the community? . . Yes 9. Will project adversel~ impact any site or struct- ure of historic, pre-bist6r~c, or paleontological, importance or any site designated as a critical envArc~mental area by a local agency?Yes No 10. Will project have a major effect on existinq or ll. Will project result in major traffic problems or ' systems? 12. Will PrOject regularl~ cause objectionable odors, noise, qiare, Vibratlon, or electrical disturb- S3. Will PrOject have any impact on public health Will prelect affect thc existing communit7 b~ ~Yos directly causing a growt~ in permanent popula- charact6-~r of the communAty or neighborhood? / _ Oate,__Vlm QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH 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.) b)Are there any areas open to a waterway without bulkhead? 3. Are there existing structures at or below ground levelt such as patios, foundations, etc? 4. Are there any existing or proposed fences, concrete barriers, decks, etc? Be 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. e If project is proposed for principal building or structure, is total height at more than 35 feet above average ground 1-~-~17 State total: ft. Yes Yes Yes ~ Yes ~ Yes Yes Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes Yes 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 Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) 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 pezmit under the requirements of Ch. 97 of the Town Code? Yes Yes~ Yes 13. Please list present use or operations~conducted upon the subject property at thi~ time ~/f ~ 1¥ ~itI~ and proposed a~O~ ~ ~1t~ ~'~ ~ 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 (~rope~ty Owher) (Authorized Agegt) 1/88 WETLANDS [Amended 8-26-7(; by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intormittently cov- ered with, or which border on, tidal waters, or lands 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, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides aod upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and Iow march cordgrass; and/or All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESItWATER WETLAN DS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 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." 9705 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Certificate Of Occupancy No....Z..9~./~.~ ....... Date .... /~u ~/Uas:L .17, ................. 19..79 THIS CERTIFIES that the building ................................................ Location of Property ...... .~.5.~..(.R.: .O:.~f.: ~..~I/.~9 .x' !,!qt. !c' .~.q .a .el .......... ~.~.~.~.~,~;L~. House No. Street Ham/er County Tax Map No. lO00 Section .... !.0~ .....Block .. O~ .......... Lot... Q51 .......... Subdivision ...... ~ ....................... Fi]ed Map Ho.. ~ ...... Lot No .... X ......... conforms substantially to the AppLication for Building Permit heretofore t'fled in this office dated ·..d'ex~.~a~. ~f3 ....... 19.7E~pursuant to which Building Permit No .... ':';:~ 5~ ............ dated ..... ~'~.ue.:3/..~0 ........... 19 .?~, was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... ·.. al~ar.a~.t an. an~ .:-e~xrat~.an. of..one. ,f, amil:~ .d~e-q~limg. ................... The certificate is issued to .....~,?ll~L;Lam. P,....&. J.qqn~e. ~},. J.o.~nso~ .................. of the aforesaid building. Suffolk County Department of Health Approval .... .I~/.i-L .................................. UNDERWRITERS CERTIFICATE NO .......... P~ncll~g....I~ 652A 60 .................... Rev TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN IL&LL SOUTIIOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES TillS IS TO CERTIFY that the /--! Land /~/ Building(s) Use(s) Pre C.O. #- _~ Date- located at 3539 (R.O.W.) Cox Neck Rd. Mattituck, New York Street Hamlet shown on County tax map as District 1000, Section 106 , Block 08 Lot 51 , does~not)conform to the present Building Zone Code of the Town of Southold for the following reasons: ~ accessory p~mp house in side yard On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming /_--/Land ~/Building(s) /--/Use(s) existed on.the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's'Office, the occupancy and use for which this Certifi- cate is issued is as follows:property contains a two story, one family wood framed dwelling; two pump sheds; two sheds; and a barn, A permit 9615z and C.O. #z9642 for alterations to dwellin~ all situated in A-Residential Agricultural zone with R.O.W. to Cox Neck Rd. a Town Highway The Certificate is issued to of the aforesaid building. David Create (owner, Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO. N652460 NOTICE IS HEREBY GIVEN that the owner of the above premises HAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine ff the premises comply with al! applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- Building inspector BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of David C. and Mary Ann Creato 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) (~e~Al{~D~N~b~%o~t~)x~&~ [circle choice] 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: 3539 Cox Neck Road, Mattituck, New York ~15o known as District ]OOO. R~q ]~ ~k ~: r_.~t 51 3. That the property which is the subiect of such Petition is located in the following zoning district: ARBO 4 ] hat I~% sucb Petition, the undersigned wiU request the following relief: __permission to obtain certificate of occupancy for the rebuilding of -~ of ~n ~ng ~r~nh~r~ into a s~¢ond dwellinq unit 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sect/on 100-31 (A) [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. b. 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) 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 Somhold 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: April 18, 1990 Petitioner ~en~y ~. ~y~u~, o~., ~9=,~ for Owners'Names: David & Mary Ann Creato Post Office Address P. O. Drawer A Jamm~pnrt, NY 11947 Tel. No. ( 516) 722-4990 [Copy of sketch or plan showing proposal to be at~ purposes.] PROOF OF MAILING OF NOTICF ATTACH CERTIFI~-D MAIL RECEIPTS NAMI[ ADDRESS 113-2-22 Richard Strzepek, 110 Depot Road, Westhampton Beach, NY 11978 113-3-6 Stan Flanell, Reeve Avenue, Mattituck, NY 11952 113-3-2.3 Leonard Simmons & Temi Simmons, 9 Cottonwood Avenue, Port Jefferson Station, NY 11777 106-8-53.1 Barbara Roesch, 239B Breakwater Road, Mattituck, NY 11952 106-8-52.2 Charles Schubert, 239C Breakwater Road, Mattituck, NY 11952 106-8-50.4 Frixos Polykarpou, 40-17 Ditmars Blvd, Astoria, NY 11105 113-2-23 Donald Wilcenski, 1200 Rosewood Drive, Mattituck, NY 11952 Rose Koroleski, Sound Avenue, Mattituck, NY 11952 054 413 460 054 413 461 p 09~ ~96 279 p 054 4-1~ 459 p 09~ g96 277 P~054 a4.: u~R P 093 396 278 , residing at Pike Street , being duly sworn, deposes and says that on the ~Sth day 9 90 , deponent mailed a true copy of the Notice set forth on the re- the above-named persons at the addresses set opposite their respective ~ the names of said persons are the addresses of said persons as shown on cn of Southold; that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.) TOWN CLERK TOWN OF $OUTItOLD cou~, ~,~ ~o~ ~6. ~-~0~N. ' ~th T. Terry~ NIOIF ~ 38,,0:8. E ~Q~ N 65° HIOIF FRiXO$ & ATHENA pOLKARPOU AREA= ~.092~. ACR£~'~ poND g, 70o %,- LOT ~ NIOI F jOAN ~- .'% \\ CHAR~I~ '~ PA TRIGIA SCHUBERT NOTE ~ X ~' MAP LoT, LOT ,o~' I~ ~OL'$~'I'~'O~'G TsoNTAKI$ SET OFF MAP OF PROPERTY A T MA TTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, ~I Y' 1000 - ~06 - 08- 1" = 40' S~ea~e. 23, 1990 Jan. 7, 1990(add existing driveway) Feb. 8, ~9gl(revise & add contours) AREA = 5.1662 ACRES P.O MAIN ROAD NY. I:1971 LIC. NO. 496~8 P.C. 90- 140A