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HomeMy WebLinkAbout3753 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. JOSEPH H. SAWlCKI Southold Town Board o£Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. llCJ?l TELEPHONE (516) 765-1809 ACTION OF THE BOARD OF APPEALS Appeal No. 3753: At a Meeting of the Zoning Board of Appeals held on August 18, 1988, the above appeal was considered, and the Action indicated below was taken on your Request for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2A: Upon application of VINCENT GEROSA for a Variance to the Zoning ordinance, Article XI, Section 100-119.2A for permission to construct additions to existing dwelling with an insufficient setback from top of bank or bluff along the Long Island Sound. Location of Property: 315 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-3. WHEREAS, a public hearing was held and concluded on August 18, 1988 in the Matter of the Application of VINCENT GEROSA under Appeal No. 3753; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; 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 property in question is identified on the Suffolk County Tax Maps as District 1000, Section 21, Block 2, Lot 3, and is a described parcel of land containing a total area of approximately 30,625 sq. ft. with frontage of 125 feet along the north side of Aguaview Avenue, depth of 245.0 feet, and frontage along the Long Island Sound mean highwater mark of 125.22 feet. 2. The subject premises is improved with a single-family, one-story framed house as more particularly shown on the survey map prepared by Roderick VanTuyl, P.C., amended June 3, 1988. Page 2 -- Appl. No. 3753 Matter of VINCENT GEROSA Decision Rendered September 16, 198g 3. By this application, appellants propose to construct deck addition and structures, all as shown by the rendition submitted and prepared by John Amisano, Architect, extending from the rear of the existing dwelling structure leaving an insufficient setback at its closest point to the top of the bank (or bluff) at not less than 45 feet. 4. Article XI, Section 100-119.2, subparagraph A(1) requires all buildings and structures proposed on lots adjacent to the Long Island Sound to be set back not less than one-hundred (100) feet from the top of the bluff, or bank. 5. The existing dwelling is shown to be set back also at approximately 45 feet, and there is no increase of the nonconformity. 6. In considering this appeal, the Board finds and determines: (a) the activities required for the placement of this construction are to be built without disturbance to the vegetation of the bluff or be adverse to the character of the immediate area; (b) the percentage of relief in relation to the requirement is substantial; however, there is no other alternative for appellants to pursue other than a variance; (c) the practical difficulties are related to the land with the established nonconformities, and are not personal in nature; (d) the grant of this variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town; (e) in considering all the above factors, the interests of justice will be served by granting the application, as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance from Article XI, Section 100-119.2A of the Zoning Code for additions as applied in the Matter of VINCENT GEROSA, more particularly shown on Plan No. 8759, Drawing No. 101, prepared by John Amisano, Architect, and SUBJECT TO THE FOLLOWING CONDITION: There be no disturbance within 40 feet of the bank (or bluff) area. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki. (Member Doyen was absent due to serious family illness.) This resolution was duly adopted. and lk GERARD P. GOEHRINGER CHAIRMAN RECEIVED AND FILED BY ~ sOUT~O~D TOV~I~ c~:~x ~T~/~/~./~ ~ou~/d~ ~ To~ Clerk, Town o{ Sout~.-~ _ NOT_ ~CE 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 Me~in§ at the Southold Town Hall, Main Roa~' S6uthold~ NY 1197t~ on THURSDAY. AUGUST I8~ 1988, at the followin_~g__~_imes: 7:35 p.m. Appl. No. 3740 - CAROL MAGUIRE. Variances to the Zoning Ordinance, Article III, Section 100-32, for the placement of accessory buil'~ing in an area ~ther than the required rearyard, an~ Article XI, Section lO0~ll9~l, for the placement of a fence in'~he frontyard area ~n excess of the maximum-permitted four-foot height requirement. Location of Property: 2500 Nassau Point Road, Cutchogue, NY; County Tax Man Parcel No~ 1000-104-t2-14.1. 7:40 p.m. Appl. No. 3750 - ~EYMOUR A~D MER~E ~EVIN~E. Variance to the Zoning Ordinance, Article III, Section 100-32 for placement of an accessory building in an area other than the required rearyard. 460 Private Road #8, East Marion, No. 1000-23~1-3.2. Location of Property: NY; County Tax Map Parcel 7:45 p.m. Appl~ No. 3751 JEAN Ci-'~O~E2ND/LONGNECKER. Variances to the ~6ning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of proposed Parcels A and B having insufficient area and width. Location of Property: Sunset Road, Beach Lane, and Lowland Road at 'Nassau' P~int Map Section C, Lots 327 and~32~, and Walter Grabie Map, Lots 86 and 37; Cutchogue, NY; County Tax Map Parcel No. lO00-111-10-18, l, and 2. Page 2 ~otice of Hearings Regular Meeting August 18, 1988 Southold To~n Board of Appeals 7:55 p.m, Appl. No. 3753 - VINCENT GEROSA. V t!e Zoning Ordinance, Article XI, Section-'lOO-119.2A, for per- mission to construct additions to existing dwelling with an insufficient setback from the top of bank or bluff along the Long -Island Sound~ Location of Proper'ty: 315~Aquaview Avenue, East Marion, 'NY~ County Tax Map Parcel -No. 1-000~21-2-3~ ~~8:00 p.m. Appl. No. 3755SE - ~IMOTHY COFFEY AND THE COVE AT' SOUTHOLD, INC. -Special Exception to the Zoning Ordinance, Article .}It,~Sect]on!,lOOf30C, ~or permission to erect off-p~emises-directi~nat-sign. Location of Property: So~th Side of the Main-Road- (S.R.~.25), Sou{hold, NY; County Tax Map Parcel NOo 1000~75-06~7.:3. 8:05 p.m. Appl. No. 3756V HENRY J; SMITH AND THE'COVE AT SOUTHOLD, INC. Variance to the Zoning Ordinance, Article VI, Section 100~60, for permission to erect off-premises- directional-sign. Location of Property: South~Side of the Main Road (S.R. 25), Southold, NY; County Tax Map Parcel No. 1000-70-07-007. (Business-Zone District). 8:10 p.m. Appl. No. 3744 - ~ILLIAM BAXTER, JR. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of lot in a proposed set-off to be considered by the Planning Board. Location of Property: Private right-of-way extending off the north ~side-of Oregon Road, Cutchogue, NY~ County.T~x Parcel No. ]000-.72-2-2.1 and 3. 8:15 p.m. Appl. No. 3754 ~NDRE. AND THOMAS CYBULSKI. Variance to the Zoning Ordinance, Article III, Section lOOz30A for permission to utilize existing barns for storage of general items (instead of agricultural s~orage) and use as an alternative under New ¥~rk Town Law, Section 280-a existing driveway for access, Location of Property: West Side of Depot Lane~ Cutchogue, NY~ District 1000, Section 96, Block 5, Lot 1.2 and part of 1.1. Dated: July 27, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOENRI.NGER~ CHAIRMAN By Linda Kowalski FORM NO. 3 TOWN OFSOUTHOLD BUILDING DEPARTMENT TOWN CLERkS OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL A ril 152 Date .... P .................... , 19..8.8.. John Amisano c/o Vincent Gerosa 72 North Village Ave. Rockville Centre, N.Y. ]1570 PLEASE TAKE NOTICE that your application dated .... ~.~. ~., ............. 39 .. ~ ~rpermitto CONSTRUCT ADDITION TO EXISTING DWELLING ~ 315 Aquaview Avenue East Marion, N.Y. Lo~tion of Property House No. Street Hamle~ 2- 3 CounW Tax Map No. 1000 Section 2 I .. Block ....... Lot Subdivision ................ Filed Map No ................. Lot No .................. ~ returned he.with and disapproved on the ~llowMg grounds ARTICLE XI-100-119.2A Proposed construction will be closer than I00 feet ~o bluff or bank. Action required by Zoning Board of Appeals and DEC. / B~ildl/n~pector~ RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR ~ J~'?'~ JUL t APPEAL .0. DATE APRIL 20,1988 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y, 1, (We) V:~IC.F~T GEROS~ $15 AQUAVIEW AVI~TLTE Name of Appellant Street and Number EAST MARION N.Y. ......................................................................................................................... MEREBY APPEAL TO Municipality Stabs THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO..........~J~D][NG.........,................, DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) JOHN AMISAN0--ARCHITECT Name of Applicant for permit of 72 NORTH VILLAGE AVE. ROCKVILLE CENTRE, N.Y. 11570 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ?ElLiOT TO CONSTRUCT ~ S~E OF F_~STING ~ESIDENCE A BRE~LI~AgT ROC~ ?LUS 1. LOCATION OF THE PROPERTY 315 A.Q.U. AVIEW AVE EAST MARION RES. ZONE-"A" Street /Hamlet / Use District on Zoning Map District 1000 Sectio~ 21Block 2 Lot 3 C rte-* VINCENT GEROSA .................................................................................. u ,,~ O~ner Map No, Lot No, Prior Owner. WILLIAM GEROSA 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 XI-100 Section 119.2A 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( X ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock 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 not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that Fo~'m (Continue on other: side) REASON FOR APPEAL Continued 1. STRICT APPLICATIQ~j'0E TH~RDINANCE would produce practical difficulties or unneces- sary HARDSHIP beeouse~.,,~EXiSTI~G ~IDENCE WHICH CONTAINS 4 BEDROOMS, 2 BATHS, A ~Z~C~ A~ ~V~ ~ ~S~6~~ ~O~A~ S~C~m~ S~aC~/~O0~ ~0~ DINING, WI~O~ ~IS PROPOSED ADDITION ~IS RESIDENCE WO~D BE DE~I~T~ TO ~E HE~TH AND ~AL BEING 0F ITS OC~ANTS. 2. The hardship created is UNIQUE and is not shored by oil properties alike i~ 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 $AID ~ ~[D]Z[ZGN (~ BOII-I: STATE OF NEW YORK COUNTY OF ~m~- SS Sworn to this .............................................. Signature Notory Public /~/- ~ / - 2 ~ TOWN OF ~SOUTHOLD PERTY RECORD OWNER STREET VILLAGE DIST. SUB. LOT ~. ,., W TYPE OF BUILDING RES, LAND SEAS. VL. FARM COMM. CB. MISC. Mkt. Volue IMP. TOTAL DATE BUILDING CONDITION AGE N~ FARM Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Total NORMAL Acre REMARKS BELOW ABOVE Value Per Value Acre FRONTAGE ON WATER DEPTH BULKHEAD DOCK DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK (~. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E, KOPPELMAN DIRECTOR OF PLANNING October 11, 1988 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) _~lliam Baxter, Jr. ~Vincent gerosa Municipal File Number(s) 3744 3753 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERAN5 MEMORIAL HIGHWAY HAUPPAUGE. L.I.. NEW YORK 11788 (516) 360-5192 TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS AUGUST 18, 1988 Appeal No. 3753 Matter of VINCENT GEROSA Location of Property: 315 Aquaview Avenue, County Tax Map ID No. 1000-21-2-3 East Marion Board Members Present: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr., and Joseph H. Sawicki. Absent was: Member Doyen of Fishers Island (due to family illness). Also present was the Assistant to the Board, Linda Kowalski, the Applicants and approximately 80 persons in the audience. The Chairman opened the hearing at 9:18 p.m. and read the notice ofhearing as published in the official newspapers of the town. CHAIRMAN GOEHRINGER: I have a copy of survey dated September 24, 1969 and updated June 3, 1988 indicating a one and a half story framed house. The nature of this application are two additions. One to the rear of the house and one to the east side of the house. And I have a copy of the Tax Map indicating this and surrounding properties in the area. Would you like to be heard sir? Is there anything you'd like to say for the~'record? MR. GEROSA: I'm the owner of.the house. My family has been in that area and on that property for over 30 years. I believe the purpose of the restriction is to protect the environment, particu~ larly the bluff and the potential for erosion. I'm very sensitive to that. The application that I've made and the building that I would like to proceed with is an addition that extends to the side of the house. And in fact, is set back further from the bluff then the house itself. It's breakfast room addition about 9 by 8. And in fact, it is about five feet further away from the bluff than the house itself. It, in my opinion, has no danger of causing erosion or danger to the environment. CHAIiLMAN GOEHRINGER: What is the approximate size of the proposed addition on the east side? MR. GE~ROSA: On each side, about 9 by 8. CHAIRMAN GOEHRINGER: That's going to run the Is it not? MR. GEROSA: No. The length of the house, no. length of the house. CHAIRMAN GOEHRINGER: I mean I should say the width of the house. Page 2 Matter of Vincent Gerosa Transcript of Hearing - August 18, 1988 MR. GEROSA: The structure itself is about 9 feet wide. About half the width of the house'is a platform beyond that but that's not a permanent structure. I'm not sure that's included.' The platform plus the breakfast room would be the width of the house. CHAIRMAN GOEHRINGER: So in other words, %here will be a deck or something there. MR. GEROSA: A deck. Not a raised deck. CHAIRMAN GOEHRINGER: J~st .let me point something out to you. if you wouldn't mind Mr. Gerosa. You see he's got the whole area boxed in in reference to the area that's going to be your left. The deck is going to be over on this side. This is going to be a deck and then from this point here would be the actual breakfast room. I didn't ask you that on Sunday when I was out there. Ok. I thank you. Is there anybody else who would like to speak in favor of this application? You've got to raise your hand fast because I'm going to run right through this. Anybody like to speak against the application? Hearing no further comment, I'll make a motion closing the hearing reserving decision until later. Ail in favor - AYE. NOTICE OF HEARINGS NOTICE IS I~IEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the ~ RD OF APP.EA_LS at a Regnlar Meetin~ at the Southold Town Hall, Main Road, Southold, New York, 11971, on 1988 at the followin!~times: 7:35 R:m, AppL No. 3140. CAROL MAOUIRE. Variances ~nce, Arti- cle Ill, Section 100-32, for the pla~-ment of accessory building in an area other than the re- quired rearyard, and Article XI, Scction 100-119.1, for the place- lent of a fence in the frontyard area in excess of the maximum- permitted four-foot height re- quiremem. Location of Proper- ty: 2500 Nassau Point Road, Cutchogne, NY; County Tax Map Parcel No. 1000-104-12-14.1. 7:40 p.m. Appl. No. 3750. SEYMOUR AND MERLE LEVINE. Variance to the Zon- ing Ordinance, Article 111, Sec- tion 100-32 for placement of an accessOry building in an area other than the ~equired rearyard. Location of Property: 460 Private Road No. 8, East Marion, NY; County Tax Map Parcel No. 1000-23-1-3.2. 7:45 p.m. Appl No. 3751, JEAN C. HOLLAND/ [~ONGNECKER. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of pro- posed parcels A and B having insufficient area and width. Location of Property: Sunset Road, Beach Lane, and Lowland Road at Nassau Point Map Sec- tion C, Lots 327 and 328, and Walter Grabie Map, Lots 36 and 37; Culchogue, NY: County Tax Map Parcel No. 1000-111-10-18, I and 2. ~ ~ 7:55 p.m. Appl. No. 3753. VINCENT GE~RO.SA. Variance to the Zoning Ordinance, Arti- cle XI, Section 100-119.2A, for lpermission to construct addi- tions to existing dwelling with an~ insufficient setback from the top of bank or bluff along the Long Island Sound. Location of Pro- perry: 315 Aquaview Avenue, East Marion, NY; County Tax ~ Parcel No. 1000-21-2-3~..~ COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TR'AVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for .................... ..//. .... weeks successively, commencing on the ...................... .... Sworn to before me this ' ' ~........ ff ...... day of 8:00 p.m. Appl. No. 3755SE. TIMOTHY COFFEY AND V~ O , INC. Special Exception to the Zoning Ordinance, Article Iii, Section 100-30C, for permission to erect off-premises-directional sign. Location of Property: South Side of the Main Road (S.R. 25), Southold, NY; Coun- 'ty Tax Map Parcel No. 1000-75-06-7.3. 8:05 p.m. Appl. No. 3756V. HENRY J. SMITH AND THE COVE AT SOUTHOLD~ INC. Variance to tl~e Zoning Or- dinance, Article VI, Section 100-60, for permission to erect off-premises- directional sign. Location of Property: South Side of the Main Road (S.R. 25), Southold, NY; County ~ax Map Parcel No. 1000-70-07-007. (Business-Zone District}. 8:10 p.m. AppL No. 3744. WILLIAM BAXTERI JR. Variances to the Zoning Or- dinance, Article Ill, Section 100-31, Bulk Schedule, for ap- proval of insufficient area and width of lot in a proposed set- off to be considered by the Plan- ning Board. Location of Proper- ty: Private right-of-why exten- ding off the north aide of Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-72-2-2.1 and 3; Notary Public BARBARA FORBES Notary Public, State of New York No. 480~t~ Qualifi~i in S~f. olk CormW Commission Expimn ,~ J/ 8:15 p.m. Appl. No. ~54. ANDRI~ AND THQMA~ CYBULSKI. Variance to the Zoning Ordinance, Article IlL Section 100-30A, for permission to utilize existing barns for storage of general items, (instead of agricultural storage) and use as an alternative under New York Town Law, Section 280-a existing driveway for access. Location of p~operty: West Side of Depot Lane, Cutchogue, NY; District 1000, Section 96, Block 5, Lot 1.2 and part of 1.1. The Board of Appeals will at said time and place hear any and all persons or ~presentatives desiring to be heard in each of the above matters. Written com- ments may alsO be submitted prior to the conclusion of the subject' bearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: July 27, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski IT-8/4/$$(6) 'NOTICE IS ~EBY GIVEN, pursuant t~.~.&~l~ 267 of the Town Law md the Cod~ To~ ~ ~u~ol~ ~ follow~g hea~ngs ~ SO.HOLD TOWN BOARD OF APPEA~ st a ~gu~r M~- ~g at ~e S~old T~ Hall, ~ RoM, S~old, ~ 11971, ~ THURSDAY, AUG~ 18, 1988, at ~th~ following times: ~AROL ~GUIRE. V~ces ~m~e ~ O~anc~, A~e, ~ ~m 1~32, f~ ~e pla~- ~ 119.1, for ~e p~t of :.:ms of ~e m~um~itted ~:f~r-f~t h~ght requirement, ~t R~d, Cutchogue, NY; ~ T~ ~p ~'7:~ p.m: A~I. No. 3750 -- ~EYMOUR AND MERLE LEONE. V~ 32 for pla~t of ~d~g ~ ~ ama o~er ~m the ~qui~d ~a~s~. ~ of Pm~: 4~ P~vate R~d ~ M~, ~; ~ T~ Map Pa~ No. 1~-23-1-3.~ 7:45 p~. A~I. No. 3751 -- .JEAN C, H O L - LAND/LONGNECKER. ~ ~ ~ Z~g O~ance, A~cle ~, Sec~ ~ed~, f~ ~,~ of ~d Pa~ls A ~d B ha~g ~s~fi- ~t ~ ~d ~d~. L~a~ Propeny~ Sunset Road, Beach ~e, ~d ~w~d R~d ~ Nassau Point Map Se~ C, ~ts 327 md 328, and W~r Gmbin Parcel No. 1000- 111-10-18 ! 2. --~ '= 7:55 p. Appl. No. 3753 -- V NCEN~ GEROSA, Variance to the Zoning Ordinance, Article XI, Section 100-119.2A, for per- mission Io Construct exlstin8 dweni,~ with sn alert tetbeck from the bluff along the Long Island Location of Property: 315 Avenue, East Marion, County Tan COy'FA( AND THE AT SOUTHOLD~ INC. to the 2on~8 Article IH, Section. 00-30C, for permission to erect off-premises-directional sign. Locariou of Property: South Side Main Road (S.R. 25), Southold. NY; ~onnty Tax Map Parcel No. 1000.75-06-7.3. 8:05 p.m. Appl. No. 3756V -- HENRY J. SMITH AND THE COVE AT SOUTHOLD, Variance to the Zoning Ordinance, A~ticle VI, Section 100-60, for pen~issinn to erect off-premises- directional sign. Location of Property: South Side of the Ma~n Road (S.R. 25), Southold, NY; County Ta~ Map Parcel No. 1000- 70-07-007. (Business-Zone District). ~. · · 8:10 p.m. Appl. No. 3744 -- ~WILLXAM BAXTER, JR. Vari- ~mces to the Zoning Ordinance, Article ~, Santinn 100-31, Bulk Schedule, for approval of ins~ffl- ~ent area and width of lot in'a ~opo~ed set'Off to be considered ¥ the Planning Board. Location F Property: Ptivste right-of-way trending c~f the north side of ~tegon Road. Cutchogue, NY; oumy Tax Map Parcel No. 1000-/~ 2-2-2.1 and 3. ' - 8:15 p.m. Appl. No. 3754 -- NDRE. AND THOMAS CY- ULSKX. Variance to the Zoning ~rdinance, Article I~, Section 100- gA for permission to utilize dstlng barns for storage of gen- mi items (instead of agricultural orage) and use ss an nhernative trader New York Town Law, Sec- tion 2804 existlns driveway for access. Location of Prope~y: West Side of Depot L~ne, Cutcho8ue, NY: District 1000, Section 96. Block 5, Lot 1.2 and part of 1.1. The Board of Appeals wl]l at said time and place hear any and aH persons or representatives de- si~ing ~o 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 STATE OF NEII~RK) )SS: COUNTY OF SUFFOLK) Christina Contento of MattJtuck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk ned State of New York, Red that tho Notice of which the annexed Is m printed nepy~ has been regularly published In said Newspaper once each week for 1 weeks successively, commencing on the 4 day of ~ne allotted. For mote infer- please ~ 7~-18~. l~y 27, t988. ~ p. ~G~, By ~-ITA4 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. JOSEPH H, SAWICKI Southold Town Board o£Appeals HAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Someone should appear in your behalf during the public hearing. Questions may arise from Board Members or persons, in the audience during the hearing. Your hearing is expected to start at the time advertised in the Legal Notice, and you will not be required to appear earlier. Please feel free to call our office prior to the hearing date if you have any questions or wish to review your file. Yours very truly, GERARD P. GOEHRINGER lk CHAIRMAN Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. ~C7~:-7,T J. DOUCL~SS JOSEPH H. SAWICKI m Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: × Variance from the Zoning Code, Article ×I , Section lOO-119.2A Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3753 Applicant: V±ncent Gerosa Location of Affected Land: 315 Aquaview Avenue, East Marion, County Tax Map Item No.: 1000-21-2-3 Within 500 feet of: Town or Village Boundary Line NY X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Boundary of Existing or Proposed County, State or Other Recreation Area Federally Owned Land Federal Park or or Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. or Drainage Established Channel Channel COMMENTS: Applicant is requesting permission existinq dwellinq with an insufficient ~¼~k along L.I. Sound to construct additions tQ ~m ~n~= ~__ h~n~ ~__ bluff Copies of Town file and related documents enclosed for YOUr review. Dated: ~tober 7, 1988 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. RC"'£~T J. ~CUC, LA3C, JOSEPH H. SAWlCKI Southold Town Board o£Appeals MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 October 4, 1988 To: Mr. Vincent Gerosa 39 Rugby Road Manhasset, NY 11030 Mr. John Amisano, Architect 72 North Village Avenue Rockville Centre, NY 11570 Re: Appl. No. 3753 - Variances Gentlemen: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals. A copy of same has also been furnished with the Building Inspectors' Office for their files. Please be sure to return to the Building Department and any other agencies for issuance of appropriate permits. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Building Inspectors Suffolk County Planning Commission :_Z Cfi N B = /AOHfftA~14T TITLE Mailing List Hearings of August 18, 1988 Southold Town Board of Appeals Copies to the following on or about 8/1/88: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Town Clerk Bulletin Board Mrs. Carol Maguire (Hand Del/very) P.O. Box 1027 Cutchogue, NY 11935 Seymour S. and Merle Levine 100 Bayview Avenue Northport, NY 11768 Lynn Theresa Cahalan, Esq. Anthony B. Tohill, Esq., P.C. 12 First Street, Box 1330 Riverhead, NY 11901 As Attorneys for Jean Longnecker (Holland) J. Grant Harrison, M.D. 14 St. Paul's Place Garden City, NY 11530 (Re: Longnecker-Holland Application) Mr. W.S. Gardner Nassau Point Property Owners Association P.O. Box 975 Cutchogue, NY 11935 (Re: Longnecker-Holland A~plication) Mr. John Amisano, Architect (for Vinent Gerosa) 72 North Village Avenue Rockville Centre, NY 11570 Mr. William Klatsky (Re: Henry Smith and Timothy Coffey) 5044 Expressway Drive South Ronkonkoma, NY 11779 Karen J. Stretz, Esq. Wickham, Wickham & Bressler, P.C. (Re: William Baxter, Jr.) Main Road, Box 1424 Mattituck, NY 11952 Messrs. Andre and Thomas Cybuslki c/o Mrs. MaryAnn Cybulski (hand delivered) Individual Board Members with copies of file information JUDITH T. TERRY TO~/N CLERK To: From: Dated: Transmitted herewith is Zoning Appeal NO. Vincent Gerosa OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk July 12, 1988 3753 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 · application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; I~tter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk TRANSMITTAL LETTER JO IN AMISANO ARCHITECT 72 NORTH VILLAGE AVENUE ROCKVlLLE CENTRE , NY 11570 516 · 536 · 0042 JULY 8,1988 To ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Proiect No 8759 Attenhon Project LINDA KOWALSKI, BOARD SECTY VINCENT GEROSA RESIDENCE 315 AQUA¥IEW AVENUE EAST MARION, N.Y. We are sending herewith Correspondence Blueprints Drawing No. 3amples Prints Specifications Title C3talogue CuI~, Copies Date Sepias Photocopies Photostats Tracings Reports Shop Drawings ALL DOCUMENTS AS REQUIRED BY BOARD FOR VARIANCE AS REQUESTED FOR GEROSA RESIDENCE. PLEASE REVIEW AND CAQLL IF HAVE QUESTIONS. I Action* Sent by Our Messenger Receivers Messenger Outside Messenger 1si Class Mail Parcel Post FxDress Airmail Blueprinler Shop Drawing Use Only* A-Approved N- Approved as Noted D Disapproved BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of GEROSA RESIDENCE to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. ~'~th~e 'ntention of the undersigned to petition the Board of Appeals of the Town of Southold to request (~arian~,~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- cribed as follows: ~ rd~ 315 A~JAVIM~ AV~ EAST MARION , N. Y. 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~X~-lO0 Sectic~ 119.2A [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, 5outhold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the 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: kPRIL 20,1g~8 DATE MAILED: JULY 7,1988 JC~ AMISANO-ARCHITECT Petitioner 0wners' Names: Post Office Address VINCENT GEROSA 315 AQUAVIEW AVENUE EAST MARION,N.Y. Tel. No. (516) 627-2687 OWNER 516-536-0042 ARCHITECT [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS. ~ ~.~C.I~-:~I~..I~' ~r~r~'C-~ ~" IL~'-~ , being duly sworn, deposes and says that on the '?'~'/ day of -..~UL_.~z '", 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 their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of $outhold; that said Notices were mailed at the United States Post Of- ~er tified~registered ) mail. Swo~ to day Notary Public -~,~i~ARD T. FUSCO Notary Public, State of New York Q ..N°. 30~512~ umiried tn Nassau Coun~ Commt~n ~pires June ~, 19~ that said No~k~ were m/a/led to/e~h"~f said persons by / (This side does not have to be completed on form transmitted to adjoining property owners.) P 824 853 ~8 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROV~D NOT FOR INTERNATIONAL MAiL (See Reverse) P 824 853 869 RECEIPT FOR CERTIFIED MAIL (See Reverse) P ,824 853 867 RECE Uu.c '['O v MA'L NOT R~ INT~RJNATION~J. MAiL (S~ Revef~) P 824 8&3 865 RECEIPT FOR CERTIFIED MAIL NO iNSURANCE COVENAG~ PROVLO~0 NOT FOR INTEPJ~ATION~L MAJL (see Reve*'se) ,< - 1 o-/~o p ~Slale and ZiP Code Postm ~o Dale ~ P 824 853 866 RECEIPT FOR CERTIFIED MAIL NO iNSURANCE COVERAGE P~OVlDEO NOT FOR INTERNATIONAL MAiL : (See Reverse) PROJECTLD. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPL~CANTISPONSOR 2. PROJECT NAME 3. PROJECT LOCATION: ~ ]V[J~l~ ~[~[~[( Municipality County 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 5. IS PROPOSED ACTION: [] New ~ Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED; Initially acres Ultimately acres SEQR 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LANO USE RESTRICTIONS? [] Yes {~ No If No, describe briefly ~ Ca~3~t~:J.~ t~:r. ][ ~ ~ 100 ~t' ~0 ]~]]~ 9. WHAT IS PRESENT LAND USE iN V~CINITY OF PROJECT? D~ Residential Industrial Commercial ascribe; [] Agriculture [] ParkJForest/Open space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~ Yes [] No If yes, list agency(s) an(J permit/approvals ~'-m~.~L~[~ ~qF~ [~ 11. ODES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [~ NO If ye~, list agency name and permitlapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes ~No t CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sporteD) n~'an~e: _~_ ~(~,~ ~.~ Date: ~ 20,19~8 [////If the action is in the Coastal Area, and you are a state agency, complete the y Coastal Assessment Form before proceeding with this assessment C OVER I (Continued on reverse side) The N.Y.$. Environmental Quality Review Act requires submission of this form, and an enviro-nmental review will be ~ade by th~s board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order ~o answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes ~NO 2. Will there be a major change to any unique or unusual land form on the site? Yes ~No 3. Will project alter or have a large effect on an existing body of water? Yes~No 4. Will project have a potentially large impact on groundwater quality? Yes ~No 5. Will project significantly effect drainage flow on adjacent sites? · Yes~No 6. Will project affect any threatened or endangered plant or animal species? Yes ~No 7. Will project result in a major adverse effect on air quality? Yes ~No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the conununity? Yes ~No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologiual importance or any site designated as a critical environmental area by a local agency? Yes~No 10. Will project have a major effect on existing or future recreational opportunities? Yes ~No 11. Will project result in major traffic problems or cause a major effect to existing transportation · systems? Yes~ NO 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes ~No 13. Will project have any impact on public health or safety? Yes ~No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year __Yes ~No period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there p~'c c~rov~concerning the project? Preparer's Signat~re~ Representing: ~F~-~ Date: ZBA 9/75 Yes X No 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 ~ 3. Are there existing structures at or below ground level, such as patios, foundations, etc? ~1~1~ ~ID~C~ ~ No 4. Are there any existing or proposed fences, c~ncrete barriers, decks, etc? ~0~4~ ID~f____ ~ NO 5. If project is proposed for an accessory building or structure, i~ total height at more than 18 feet above average ground-T~-~l? State total: ft. Yes If project is proposed for principal building or structure, is total height at more than 35 feet above average ground' level? State total: ~ ~[~,' ft. Yes ~ 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes N~ 8. Are there any building permits pending on this parcel ~ (or abutting land under your ownership, if any)? Yes State Permit 9 and Nature: Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Yes No Town Board Yes No Town Trustees Yes No County Health Department Yes No Village of Greenport Yes No N.¥.S.D.E.C. ~g~_~'[~ ~-i6,~S ~'- -'~ · ~ NO ~ ~t.~l]~['~l~ ~(%',~ ~'~1~£~,6~o~ Yes No 10. 11. 12. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Is new construction proposed in the area of contours at 5 feet or less as exists? 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 Yes ~ Yes No 13. Please list present use or operations conducted upon the subject property at this time '=SIN~L~ ~v%lL~ ~ID~C~- and proposed ~Z[~ ~,~L~ Im/"~.r-~lU~ ~.~iD~lgC~- Please submit photographs for the reco~d. -- I certify relia/~ Signt~ 1/88 that~e above~-~tements are true and are being submitted for y the/~o~rd 9f Appeals in_considering my application. ~~ (Authorized Agent) WETLANDS [Amended 8-26.76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low title are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks, bogs, salt marsh, swamvs, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of tho following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, gronndsel, marshmallow and Iow march cordgrass; and/or (3) 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. FRESIIWATER WETLAN1)S: (1) "Freshwater wetlands" as defined in Article 24, Ti- fie 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 :t "freshwater wet- !and," as defined in Subsection I3(1) and lying with- m seventy-five (75) feet landward of the most land- ward edge of a "fi'eshwater wetland." 9705 I 4 / Revisions ~a_ 13ate !Description [ S~ ~X"= [tO'~ Job No. Dwg. No. ; O~ Revisions =0 -l ' ? I Revisions No. Date Description 4, Revisions Date Description I / I,, Revisions No.Date Description Z = ~ 0 U 0 u ~ o~ ' 'Revisions ! ,Scale "/4",¢-¢" ~ Le~-'r' 5i~'e'' i~.~v~-rl~d," ....::?~':1'<.¢. ., Revisions , Revisions ' ~ c.~wc--v.~ - ,= .4- % Titl~ Dwg. No.