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3693
APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. RCE~-RT J. DCUCLAS3 ,JOSEPH ~ ,SA~IC,KI ames U1D1ZIO~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SnUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 ACTION OF THE BOARD OF APPEALS At a Meeting of the Zoning Board of Appeals held on October 26, 1988, the following action was taken: Upon Application of STEPHEN J. PERRICONE and FRANK VECCHIAERELLI for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2B, for permission to locate building within 75 feet of the nearest wetland along "dredged canal" off Deep Hole Creek, premises located along the north side of Lupton Point Road, Mattituck, NY, and identified on the Suffolk County Tax Maps as District 1000, Section 115, Block 11, Lot 21. WHEREAS, on November 5, 1987, a Notice of Disapproval was issued by the Building Inspector for the above project; and WHEREAS, an application for a Variance was filed Novem- ber 6, 1987 under Appeal No. 3693; and WHEREAS, on May 17, 1988, Local Law No. 15 of 1988 of the Town of Southold was adopted and enacted by the Town Board; and WHEREAS, Local Law #15-1988 amended the Provisions under Section 100-119.2, subsection B of the Zoning Code, to exclude those projects which are upon "lands not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold"; and WHEREAS, Local Law #15-1988 was filed with the Secretary of State on May 25, 1988 and is in effect at this time; and WHEREAS, the subject premises is not bulkheaded and has received a conditional permit from the Southold Town Trustees dated December 17, 1987; P~ge 2 - Appeal No. 3693 Matter of PERRICONE/VECCHIARELLI Action Rendered October 26, 1988 (Appl. No. 3693 - PERRICONE/VECCHIARELLI, determination, continued:) NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Grigonis it was RESOLVED, in accordance with the May 17, 1987 amendments of Article XI, Section 100-119.2, Subsection B, this Board is without jurisdiction, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Members Sawicki and Doyen were absent (due to serious family illness.) This resolution was duly adopted. lk 3&~-~~ ~ ~ ~?~'~"~/~ GERARD P. GOEHRINGER CHAIRMAN 2ECEIVED AND FILED By ').'I'{~. SOUTHOLD TOWN CLF~K TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD, N,Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your app ication dated . .,~.¢7'. %...~....~.~ ...... t9 .~ ?.. Lo0~tio. or p~op,~t~ ... ~.~ ~... ~T~T~.~:..~'. ..... ~ ~,~ ...... ~ouse ~vo: ~ Street HomleC County Tax Map No. 1000 Section . .'...Ll, ~ ..... Block .... (I ........ Lot . ~.~ .......... SubdMsion .................. Filed. Map No .................. Lot No .................. is returned herewith and disapproved on tixe following grounds .~ ,~ ~..~ .L~ .W .L( ?, ~ ~., ~..>~. ~..~~&.¢. ,q.~~..~ .... . Building Inspector TOWN OF $OUTHOLD, NEW YORK DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, Name of Appellc~nt .~ Hattituck New Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF NO. DATE .............................. N.Y. P..,. .Ut ............ freer and Number York ................... HEREBY APPEAL TO State rilE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATE[: ...................................................... WHEREBY THE BUILDING INsPEcTOR DENIEDi TO , I ...,s. Lc...o. Name of Applicant for permit of 747u Route 48 . Matt~tuck ............. ,N...e..w.....Y..o...r.,k. ..................... ~'~: ~ mber ..... Municipa ..... ~' ..... ~,~"1~ ......................................... ii h/ State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ....L.U.D.~,.0. D.....P.0. J,.0..i;...~.0.~..,..,[ !.~..t..t..~..%..u...c..~ ........ ]..0...0.,0. ................ Street /Hamlet Use District on Zoning Map District 1000 Sectionl~lock 11Lot 21C'rrent Owner Stephen d. Perricone Mop No. 'Lot No. Prior Owner A.Bender & T.Dougherty 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (h~dicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not uote the Ordi.nance.) Article ~< I Section /oo - i//~, ;z 3. TYPE OF APPEAL Appeal is made herewith for (please :heck appropriate box) (x) A VARIANCE to the~'Zoning Ordinance or Zoning Map ) ' A VARIANCE due" to lack of access (State of New York Own Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) · 4. PREVIOUS APPEAL A previous appeal (xh~s~ (has not) been m~de wlth respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ..................................................................... ( ) ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because we cannot build a house without insufficient setback from the'wetlands. 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate .vicinity of this property and in this use district because 100-119,2B was not in effect at the time of their construction. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHAR.ACTER OF THE DISTRICT because Houses tn th~= area are the same setback. This project conforms to al! houses in this area for se%backs and sizes. STATE OF NEW YORK ) ) COUNTY OF ~m ) ~/Signature Sworn to this ............. ~...,~..Q ..................... day of ...................... Ah4Etq©F.~D SUFFOLK CO. HEALTH DEPT. APPROVAL H.S. NO __ St A_T _EMEN~T 'THE WATER SUPPLY AND'SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS Of THE SUFFOLK CO DEPT. OF HEALTH SERVIEES. APPLICANT SUFFOLK COUNTY DEPT OF HEALTH SERVICES ~ fOr APPROVAL OF CONSTRUCTION ONLY DATE: H. S REF. NO,: . APPROVED: ......... SUFFOLK CO. TAX MAP DESIGNATION: DIST, SECT, BLOCK PCL ~DDRESS: '?_Y. L.' t: ~:.q:-t~ ,IL ~ ..~_b DEED L. ~. 2¢'. P. 202 SEAL (;R~ENI~0RT NDfl YORK