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Southold Town Board of Appeals MAIN ROAD- BTATI[ ROAD 25 Sou'r'HOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3652 Application Dated July 20, ]987 TO: Edson and Bruer, Esqs. as Attorneys for GUIDO AND ANNA Main Road, Box 1466 Southold, NY 11971 CIACIA [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on February 2, ]988, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Varianc~ to the Zoning Ordinance Article VI , Section ]00-6], Sulk Schedule [ ] Request for Application of GUIDO AND ANNA CIACIA. Variances to the Zoning Ordinance, Article VI, Section 100-61, Bulk Schedule, for approval of insuffcient area, width and depth of two parcels in this pending sub- division of land located at the corner of the East Side of Kerwin Boulevard and the South Side of Main Road, Greenport. Zone District: B-Light Business. County Tax Map Parcel No. 1000-53-2-20, Peconic Bay Estates Lots 178 and part of 177. WHEREAS, a public hearing was held and concluded on January 14, 1988 in the Matter of the Application for GUIDO AND ANNA CIACIA under ApplJ No. 3652, 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 premises in question is a 10,938-sq. ft. parcel of land situated at the corner of the south side of Main Road '(S.R. 25) and the east side of Kerwin Boulevard, Greenport, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 53, Block 2, Lot 20, and referred to as Lot #178 and part of #177, "Amended Map 'A~ of Peconic Bay Estates filed May 19, 1933 in the Office of the Suffolk County Clerk as Map #1124." 2. The subject premises is located in the "B-Light Business" Zoning District and is improved with the following three structures: (a) one-story, one-family brick frame dwelling shown to be set back 18.9 feet from the northerly front property line, 3.2 feet from the westerly front property line, and 20+ feet from the easterly side property line; (b) accessory garage building 14' x 22' in size situated in the southerly rearyard area with a setback at 3.9 feet from the easterly property line and 25± feet from the westerly (CONTINUED ON PAGE TWO) DATED: February 2, 1988. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appl. No. 3652 Matter of GUIDO AND ANNA CIACIA Decision Rendered February 2, 1988 property line; (c) accessory garage and work shop building situated in the southerly rearyard area with setbacks at 6.1 feet and 6.6 feet from the southerly property line, 7.1 feet from the easterly property line, and 13.3 feet from the westerly front property line. A Certificate of Occupancy of Nonconforming Premises under #Z-16147 was issued September 9, 1987 for the subject premises, nonconforming as follows: (a) total lot area, (b) front, side and rear yard setbacks, (c) garage and workshop building in sideyard, (d nonconforming residential dwelling in business district. o relief: By this applicat on, appellants request the following (a) insufficient lot area of proposed Parcel #l of 6,250 sq. ft.; (b) insufficient lot area of proposed Parcel #2 of 4,688 sq. ft.. 4. Article VI, Section lO0-61, Bulk Schedule, of the Zoning Code requires a minimum lot area of 20,000 sq. ft. and minimum frontyard setback at not less than 35 feet. 5. It is also noted: (a) that the division as proposed will create reduced nonconforming on-site parking, an insufficient rearyard and insufficient frontyard setback for proposed Parcel #2; (b) that a portion [Lot #176] of this property was conveyed by the appellants on April ll, 1984, setting off a 9,000 sq. ft. parcel and leaving the subject premises with an area as exists of 10,938+ sq. ft. (c) "Amended Map 'A' of Peconic Bay Estates and "Map of Wickham Park" are not subdivisions approved by the Town and are not included on the Town List of Exemptions or Grandfather List as to lot size; (d) the premises were purchased(by Deeds)March 12, 1943 and February 14, 1947, and have been held in "common ownership." (e) the subject premises was granted a Change of Zone by the Southold Town Board effective September 23, 1961 from "A" Residential and Agricultural to "B" Business. (f) Building Permit #15937Z dated April 27, 1987 is pending at this time for an addition to the existing 14' x 22' accessory garage/storage building [incidental to the residence]; (g) by prior Z.B.A. action under Application #104 on October 9, 1958, a Special Exception was conditionally granted to enlarge the "workshop" building to 44' x 52'; (h) no plan has been previously submitted concerning site plan elements under Article XIII of the Zoning Code for parking, ingress, egress, drainage, etc. for this premises either as exists or as proposed. Page 3 - Appl. No. 3652 Matter of GUIDO & ANNA CIACIA Decision Rendered February 2, 1988 6. The percentages of relief requested by this application are: (a) 68%, or 13,750 sq. ft. as to proposed Parcel #1, (b) 76%, or 15,312 sq. ft. as to proposed Parcel #2. 7. In considering this application, the Board also finds and determines: (a the lot area as exists is not excessive and does not overburden the property owner; (b the percentages of relief requested as to lot area are substantial in relation to the requirements, (c the difficulties claimed are not sufficient to warrant a granting of the variances as applied; (d the immediate area does consist of a majority of lots larger than that proposed by this application; (e the circumstances claimed are personal and are not unique to the property; (f the grant of this application will set a precedent to further create nonconforming situations and will be adverse to the spirit and intent of the zoning ordinance; (g) there is no other method feasible for appellants to pursue other than a variance; (h) significant economic injury has not been sufficiently demonstrated by dollars and cents proof as required by the Courts; (i) in view of all the above factors and the manner in which the difficulties arose, the interests of justice will be served by denying the relief requested. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to DENY the relief requested under Appeal No. 3652 in the Matter of the Application for GUIDO AND ANNA CIACIA. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, C~AIRMAN RECEIVED AND FILED BY TIlE SOUTHOLD TOWN CLERK Town ~ Town of Southold_~ 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 Halt, Main Road, Southold, New York, on THURSDAY~ JANUARY 14,'t988 at the following times: 7:35 p.m. Appl. No. 3705 - ARTHUR V. JUNGE for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to establish electrical shop use and construct two buildings located as shown on Site Plan dated March 10, 1987, prepared by John A. Grammas & Assoc. Zone District: C-Light Industrial. Location: North Side of C.R. 48, Cutchogue~ NY~ County Tax Map District 1000, Section 96, Block l, Lot 19, containing 45,589± sq. ft. in lot area. 7:40 p.m. Appl. No. 3697 WILLIAM AND PAULA TUITE for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to reconstruct and extend porch within 75 feet of existing bulkhead along Little Peconic Bay. Location of Property: South Side of Midway Road, Southold, NY~ Cedar Beach Park Map No. 90, Lot 113~ County Tax Map District 1000, Section 90, Block 2, Lot 6. 7:45 p.m. Appl. No. 3676 ANTHONY ROBUSTELLI. (Recessed from December 10, 1987 as requested). 7:50 p.m. Appl. No. 3681 ANTHONY AND ANGELA LEONE. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two parcels proposed in this pending division of land, and establishing insufficient sideyard setback of existing dwelling'and accessory storage building on vacant lot (Section 100-32). Location of Property: East Side of Deep Hole Drive, Mattituck, NY; County Tax Map Parcel No. 1000-115-13-12.1 (prev. ll and 12). Page 2 - Notice of Hearings Southold Town Board of Appeals January 14, 1988 qegular Meeting of the as as /:55 p.m. Appl. No. 3706 - MANFRED E. KUERNER. Variaqces to the Zoning Ordinance, Articles III, Section 100-31, and Section 100-119.2 for permission to construct additions to existing dwelling with a reduced southerly sideyard setback, insufficient total sideyards, excessive lot coverage and with am insufficient setback from bulkhead along "Old Cove" at Location of Property: East Side of Carole Road, County Tax Map Parcel No- t000-52-2-3. Arsnamomaque. Southold, NY; for approval of insufficient area, width and depth of two parcels in this pending division of land located at the corner of the East Side of Kerwin Boulevard and the South Side of Main Road, Greenport. Zone District: B-Light Business. County Tax Map Parcel No. 1000-53~2-20; Peconic Bay Estates Lots 178 ano part 177. 8:00 p.m. Appl. No. 3652 GUIDO AND ANNA CIACIA. Variances the Zoning Ordinance, Article VI, Section 100-61, Bulk Schedule 8:10 p,m. Appl. No, 3704 JAMES MESKOURIS. Variances to Zoning Ordinance, Article III, Section lO0~31, Bulk Schedule to excessive lot coverage, and Article XI, Section 100-119.2 to construction within I00 feet of bulkhead and ordinary high water mark along Long Island Sound, for the proposed construction of open decks attached to existing dwelling. Location of Property: 1400 Sound Beach Drive, Mattituck, NY; Cpt. Kidd Estates Lot #37; County Tax Map Parcel No. 1000-106-1-35. 8:20 p,m. Appi. No. 3698 THOMAS ZIMMERMAN. Variance to the Zoning Ordinance, Article XI, Section lO0-118E for approval of deck and to rebuild/repair existing nonconforming structure which exceeds 50% of fair value of same ano which exceeds those limita- tions of Prior Z.B.A. Apb1. No. 3590 rendered March 5, 1987. Location of Property: 265 Rochelle Place, Mattituck, NY; County Tax MaD Parcel No. 1000-144-04-09 and 08, containing .60± of an acre total. 8:30 p.m. Appl. No. 3688 ANTHONY AND SALLY PIRRERA. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient width (frontage) of two parcels in this pending division of land. Location of Property: North Side of C.R. 48 (North Road), Green]or~, NY; County Tax Map Parcel No. 1000-40-01-20, containing a total area of 5.202 acres. Page 3 Notice of Hearings Southold Town Board of Appeals Regular Meeting - January 14, 1988 The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters. Each hearing ~ill no~ start before the time allotted. Written comments may be submitted prior to the con- clusion of the subject hearing~ For wore information, please call 765-1809. Dated: December 31, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linoa Kowalski, Board SecreTary ATTENTION NEWSPAPERS: Please publish once, to wit, THURSDAY, JANUARY 7, 1988 and forward AffidaviTs of Publication together with your bill and signed voucher to the Office of the Board of Appeals on or before January 12th. Thank you. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOIJTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE tl~at you, r a?plication dated .... .~ .~.'~. ........... 19 .~..~. House No. Street ~ Hem/et County Tax Map No. 1000 Section ....~..~-..~. Block .... .~..~. ...... Lot . ~..~. ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~.~.~.~.J~....'~..~.,o./..~...7 ~[ , ........................................................ Bufld~g Inspector RV 1/80 'FORM NO. 1 TOWN OF SOUTHOLD ,¢,, BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N,Y. 11971 TEL.: 765-180~ Examined-.~. · ~.'~.., 19 .'~.~. Approved % .e-~k~.... ~''~ , 19~'..'/. Permit No. ].'~..'?.~.~..:'.~.. Disapproved ale .................................... ....... ',' :£ .................... i ' ', ........ (Building Inspector) - -. APPLICATION FOR BUILDING PERMIT BOARD OF HEALTH 3 .rs OF PLANS SURVEY ...... fo., SEPTIC FORM .............. NCTIF~ CALL ........ MAlt TO: t 6 987 Date ................... ~9 ... INSTRUCTIONS a. This ~/pplication must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule· b. Plot plan showing location of lot and of buildkngs on premises, relationship to adjohning premises or public streets or areas, and giving a detailed description of layout of property must be drawn on S~e diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit· d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such pe~it shail be kept on the premises avai/able for k~spection throu~.out the work e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certdficate of Occupaaey shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department' for the issuance of a Braiding Peru-nit pursuant to the Building Zone Ordinance of.the Town of Soutbold, Suffolk County, New York, and other apphcaole Laws Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as here~ described. The applicant agrees rD comply with all applicable laws, ordinances, building code, housing code, and regulations, and rD admit authorized inspectors on premises and in building for uecessary inspections. (Signature of app!icant, or name ifa corporation) (Mailing address of a.p: Ucant) ,'/? / / State whether applicant is owner, lessee, agem architect, engineer, general contractor, electrician, plumber or builder. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) ALL CONTRACTOR'S MUST BE SUFFOLK COUNTY Builder's License No .......................... LICENSED Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ........... - ........... Location of land on which proposed work will be done./ ',Z:,: ? ?/:~. · ............................... ..................................... ttouse Number Street Hamlet County Tax Map No. 1000 Section . .~. ~. Block .... ............. Lot ..... -,. ............. Subdivision ..................................... Filed Map No ............... Lot ............... (Name) State existing use and occupancy of premzses and intended use and occupancy of proposed construction: a. Existins use and occupancy ...... ~ .....z?~/.L:.aTg.<<): 2 b. Intended use and o~-- ~/~:?'-~- 'I ~-:~ . - 3. N~ature of work (check which appli~ble): New Building ' Additi~-,... ~-..~f.... Alteration .......... Repak . ............. Remove-..~ ............. Demolition ...... ~, .,'. ....Other Work ............... . _.4~,..~...~. (DescriPtion) 4. Estimated Cost. ,.~.~ O © O ....... Fee ; ................................ (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ / If garage, number of cars ......................................................... -e~ ............... 6. If business, commercial or mixed occupancy, specify natuj'e and extent of each type of use ~- ~J~'- · .~T~ -. .... 7. Dwnensxons of existing structures, if any: Front..../~5z ......... Rear . [.'Y~. ......... Depth . ..,~.:.k~ ......... Height .......... :. Number of Stories... d...: ............... ~ ................................ ...... .~3 ~~ ~, ~' l-/ j' Dunensmns'of same structure w~th alterations or a~dmons: Front ................. Rear . .~ ........ -;~..~. .... Deoth ;. ~ ~¢~i, ......... Height ~. ... Number of Stones /. D~menslons of e~}t~re ~)¢w conswactmn: Front .......... · ..... Rear ............... Dept ............... Height .../.~[,...~. ..... Nun)her of S~ories .... /, ......... ~ ...................... ~ .,~-_- , / ............ 9. Size of lot: Front ...,,.~.C~.. ~ . .... '~ .... Rear .(.. ,~-f .C) .......~ ....... Depth ./. r~.~. ')~. .......... .... . 1 0. Date of Purchase .. ,/~..~. ~ ..................... Name of Former Owner .47~ot.~M. ~ ./~. ¢.A~z} ........... 1 1. Zone or use district in ~vhich premises are situated ..... /..'!..C .~,'. ~..A.?. (,. ;.... ,: .............................. 12. Does proposed construction violate any zoning law, ordinance or regulation: ...'...-~... .................... 13. Will lot be regraded ..../k...(). ........ · ............. Will excess fill be removed from premises: Yes i 4. Name of Owner of premises-~,:x~/.,. ~,. ~r~ .~.- .~: .Q~:.. Address ~.'.; ?.C.E ./.~. (~. ~-.?.,.. Phone No. 4f ~.~ ./f:' :7. ~:. Name of Architect . ,' .. ............... , ....., .....Address . Phone No ........ L- ....... Name of ContractorJ~-~,~-~...../'~c-~rC...~f~,. ~-~-... Address i ~.' 5)~.'5.' ?-.' i i i i i } i i. Phone N~..~.7.'; ./.~ .~.&. .... !5, Is this property located within 300 feet of a tidal wetland? *Yes ~.. No .~;. · If yes, Southold Town Trustees Permit maybe required. PLO? D!AGRAM Locate clearly and distinctly ~1 buildings, whether existing or proposed~ and. indicate ali set-back d/mensions from propeRy I/nos. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEWXORK, ~ ,, - - .............. b ing wo=, (Name of ~ndNidual s~ing contract) ~bove named. te is the ................................... ; ..................................................... (Contractor, agent, corporate officer, etc.) )f said owner or owners, and is duly authorized ro perfon-n or have perforated the said work and to mare and file this ~pplication; that all statements contained in thls application am true to the best of his knowledge and belief; and that the ~ork will be perforn)ed in the manner set forLh in the application filed therewith. ;worn to before me this ........................ day of ...................... 19.,. qotary Public .................................. County - ':~' '~.. ::'/:. i ...... ~-:4,'T.q~.-f.5\',(e:~. ........... (Signature of applicant) ~JUL 2 0 1987 TOWN OF SOUTHOLD, NEW' YORK APPEAL FROM DECkS,ON DP BU"D NG NSPECTOR DATE. Ju.,1.~..16~. 1987 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)._.O...u..i..d...q..A.n..d.....A...n,.n.A...q..i..a...q~A ............ of ....... .5..5.....~..a...i..n....g..o..a..d.. ........................................ Name of Appellant Street and Number ........ ..G.~?..?..n. ,~..o.?..~ .................................................................. ..N..e..w..,..Y...°.~,k.......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....q..u..~f....1..6..,....,1..9..8...7. ................... WHEREBY THE BUILDING INSPECTOR DENIED TO Nome of Applicant for permit of .......................... ..q ................... ............. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..... .K...e..r.,,~,J=...n...,B,.~y.~ .......................................... Street /Hamlet / Use District on Zoning Map District lO00 Section 53 BlockO2Lot20 ~ . .................................................................................. curren~ O~ner Guido and Anna Ciacia Mop No. Lot No. Prior Owner. Charles S. Saqe 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 vi Section 100-61 Bulk and Parking Schedule 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (×) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (~4~s~ (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Vsriance to the Zoning Ordinance is requested far the reason that the subject parcel contains the applicants residence and detached ~ara§e on Lo~ No. 118 of the Revised Map of Peconic Bay Estates situate at Arshamoma~ue, Town of Southold~ by Otto Van Tuyl dated June 6, 1928. The subject parcel also contains a work shop on the southwesterly half of Lot No. 177. Lots No, i]8 and p/o 177 came into the applicants ownership in 1943, ,'Mr. Ciacia is no lan§er able to utilize the workshop and desires to have it set-off from Lot No. 178 as shown on the annexed proposed set-off map. Forrn ZBl (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties orunneces- saryHARDSHIP because the subject lots contain both a residential use and a business use. Applicants no longer have any use for the workshop and that portion of the parcel will have no value to the applicants, unless the workshop can be set-off and sold. 2. The hardship created is UNIQUE and is not shared by ali properties alike in the immediate ~icinity of this property and in this use district because upon information and belief, this is the only lot in the area which contains both a residential and a business use 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there are many other lots in the immediate vicinity that are substantially the same size as the lots that w%ll be created by the proposed set-off; namely, Parcel i (50' x 125~) and Parcel 2 (62o5~ x 75~)o These lots were formerly separate lots. There will be no change in the improvements on each parcel, The only change will be a set-off of the workshop parcel from the residence parcel. STATE OF NEW YORK ) ) COUNTY OF ~'~F'~'©t-Y~- ) SS ............................................ Notary Public Notary public, State No. ~1818, S~ / / LOT tTB ~REA 6250 SO.FF PlO LO'/' 177 AREA = 468 8 TOTAL AREA 0938 40> (o KEY MAP PROPOSEO SET OFF FOR GUIDO 8 ANNA CtACIA AT ARSHAMO~IOOUE TOWN OF SOUTHOLD SUFFOLK COUNTY , N.Y. 1000 053 - 02. 20 SCALE I"= 30' MAY I4. 987 NY.S. LIC* NO. RVE¥ORS 8 ENGIf'~EERS 516) 765 -50~0 SCHOOL D{$TRICT FIRE OI STRICT GREEHPORT _~RANSCR'rp~ OF li~RIN~- '.S,,OU~HOLD ~TONN ~ O~kAPPBALS RB~UL~ MBB~N~ OP ~H~SDAY, ~U~Y 14, 198~ Appl. NO.: ~652 lpplican~(a).~ GUIDO AND ANNA CIACIA .~o~a~ion of P~y; S/s' Main Road and E/s Kerwin Blvd. Greenport County Tax ~p ID.No. 1000-5~ ~ . 20 ~oera. Grigonla. and Sawlcki. · · Absent;. Doyen and Douglass. Also Present: ¥ictor Lasaard (Building Dept.)s Linde Kowalaki, Z.B.A. Secretary and.approximately Persons in the audience. The'Chairman opened the hearing at 8:20 o'clock p.m; and read the notice of hearing and application for the record. CHA~RMAN-GOEHRINGER:. I have a copy of a survey dated. May 14, 1987 indicating parcel number one which ' CHAIRMAN GOEHRINGER: I have a copy of a survey dated May 14, 1987 indicating parcel number One which is thehouse lot which includes approximately a one-car garage and the lot which is the nature of this application which is file lot number 177. And I have a copy of the Suffolk County. Tax Map indicating this and surrounding properties in the area. Who would[[like to be heard concerning this application. Mr. Bruer. MR. BRUER: On behalf of the applicant. Basically the applicant is not asking for any change in the existing use of the property. The property where the hoUse..is, I've been informed, by Mr. ~ci~'::, was a residence built by his parents prior to 1929. He was a boy grow- ing up there, living there. He eventually bought the premises where the house is from his parents in 1941~42, he tells me and the ad- joining piece which~contains the workshop, in 1947. He is not here today. He can't be here because of his age and his health. I have an affidavit from him pretty much setting forth what I've just stated. It also states that he has used the shop continuously since 1955 as a workshop. Again, this is an area where, if you look at Mr. Ciacia's house and the next three pieces of property on Main Road, I believe they're all residential uses. They're very small lots. As you go further east on the property. Excuse me. It's going from Mr. Ciacia's house east, you have a welding shop and thereafter, you have what was at one time (I think) a school house. To give you a feel. What you have here is a situation that was developed prior to zoning. The ownership was created prior to zoning, The buildings or the uses as they were established, Were established prior to zoning. It is true that in 1960 and '68 the applicant was back to the town to apply and got building permits for'(I guess) with respect to additions to the Page 2 - January 14, 19~ PUBLIC HEARING - Guido~nd Anna Southold Town Board of Appeals Ciacia MR. BRUER (continued): property. As you can see from Mr. c~iacia'~ affidavit, the structure where the residence is was built prior to 1929 and the workshop in 1955. He remembers it distinctly because that's the year of his fa- ther's death. I have here a (somewhere) map of the area. Well, may- be I should address (I gather) the only negative comment that you re- ceived with respect to this application. Possibly, is from the Plan- ning Board. And the Planning Board came up with a so called fact of which I take deep issue with. It submitted that the property was il- legally subdivided. The property was cut up prior to any zonin~ what- soever. And the same paragraph referred to in the Planning Board's letter, acknowledges that they were two separate pieces in 1943 and '47. The map from whence the property was subdivided came from one I think was filed in 1933. If you would bear with me, I have a copy of it. Here it is. It's the only one I have if you could hold on to it. It kind of shows what the property (at that time) was intended to be. Our subject property is (I guess) up here. This was where Mr. Ciacia himself bought from his parents in 1941. This was a lot back here of another subdivision. And at that time, it was cut up and split between two neighbors. Alright. There's no question in my mind that the division was properly done and there's not any il- legal subdivision as per the Planning Board memo of September 9th. I believe you have copies of the deed even in your files. With re- spect to the zoning, as to their paragraph number two; light busi- ness, I don't know about the 1961 application and I won't comment on it. And three, I'm sure Mrs. Scopaz is correct. The survey, I be- lieve you have copies of the survey in your file. But for the pur- pose of our discussion here, I have a couple that you can observe as we look at the property. Again, showing you that what we're asking is nothing more than what the use is presently there. Mr. Ciacia2 lived in that premise and he worked in that shop. What's going to happen is Mr. Ci~cia~ is 72 years old, he feels that he can not work there. ~Sdmebody else will be working in the shop. He will living in that residence. This is a situation where we have existing fa- cilities. The electric is there. It has been there forever. The cesspool is there. The water supply is there individually for each lot. It's not something where they are sharing a common well or water source or even cesspool. They have separate facilities. Go- ing along with the Planning Board's letter, they talk about that, and I think the key of their argument or whoever wrote this memo. The argument is that they are not permitted uses under the ordinance. Well I take issue with that inthat non-conforming uses are a permitted use under the ordinance under section 100-18 which specifically authorizes non-conforming uses. And as a matter of fact, that sec- tion is over a pag~ long. CHAIRMAN GOEHRINGER: Is that where he built his boats back there? Or did he build them across the street? PUBLIC HEARING - d Anna Ciacia Southold Town Board of Appeals MR. BRUER: He built them there and I~guess across the street. And I have some photographs here which I took around 4 o'clock. By the way, this is Mr. and Mrs. ~Ciacia if you'd like to know what they look like. CHAIRMAN GOEHRINGER: I think I know Mr. Ciacia. MR. BRUER: I took these shots at 4 o'clock, so the lighting is pretty poor. He's actually working on a boat in there presently. There's another shot of that boat. This is some of the equipment in that shop and it's presently a working arrangement. Here's another shot of that boat looking in the other direction. This is a picture if you want it for the record, of the shop itself. This is a picture of the residence which is a brick residence. Again, I can't dispute, as you can see from the survey, the area is what it is. It is perfect for what the purposes it is being used. It's in an area that is approximate across the street from a restaurant which is next door to a lumber yard which is next door to an asphalt plant. There's no question here, I think, that the property could continue to be used as a residence. And if Mr. Ciacia wanted to continue use the premise as a workshop, it would still be his doing. There would be no question and he has a right to do so and I believe you have in your file, a non-conforming with re- spect to this matter. Again, I would respectfully request that this is an appropriate case to grant relief. Mr. Ciacia would suffer some financial hardship inthat he needs the money. He'll be the first, I think in that affidavit, to reflect the fact that he's going to use this towards his retirement. And it's not that we're creating some- thing new in the neighborhood. We're not. It's there. It exists. It would actually promote the policy of the town as to have areas or we'd like to have areas where trade people can actually do their work rather than in a residential area. This is zoned business. The Plan- ning Board recognizes that. And again, if denial possibly could elimi- nate from the town an area where a trade person can work. Mr. Ciacia has contracted to sell the property subject to the division of the property. He's going to sell it to, if the Board agrees, Mr. Schoen- stein who is here. He is in the same type of work. He has built boats. He is in the boat building business. He does carpentry. I have (if I may) a letter, a copy of a letter. I have the letter that Mr. Schoenstein gave to me to submit to the Board which kind of tells you his line of work, what he intends to do and it's basically a con- tinuation of the present use of the building. If you have any ques- tions with respect to it, he's here. I don't know what else to ad- dress you with. CHAIRMAN GOEHRINGER: Is here any relation to Mr. Schoenstein that owns the welding s~op? ~ MR. BRUER: Yes. His brother. MR. : If this is granted, does he plan to hire anyone or is this just by himself? Page 4 - January 14, 1~ PUBLIC HEARING - Guido~nd Anna Ciacia Southold Town Board of Appeals MR. SCHOENSTEIN: I intend to operate by myself. CHAIRMAN GOEHRINGER: With that Size of property, of course Mr. Schoenstein, I doubt seriously would have much outside storage. would have to be primarily use. It MR. SCHOENSTEIN: There wouldn't be any outside storage. CHAIRMAN GOEHRINGER: No outside storage. MR. SCHOENSTEIN: None whatsoever. It would be basically the same as you see right now. CHAIRMAN GOEHRINGER: Just putting the boat in, working on it and then taking it out. MR. BRUER: There's plenty of room in that building. CHAIRMAN GOEHRINGER: Ok. I thank you very much. Is there anybody else who would like to speak in favor of this application? MRS. SCHOENSTEIN: I would just like to add that Mr. Ciacia came to my husband and asked him if he would like to buy the property because he knows the work that he does and he would like to see this in the same use that it was all along. He didn't want anything to busy there. He approached my husband about buying this. CHAIRMAN GOEHRINGER: The only reason why I asked you the question if you were Joey's parents is just because of the name. That's all. It really had no bearing on the situation at all. They're hardworking boys and we were happy to take care of their impending needs the last time there was a real problem. But we managed to get it taken care of for at least a little while anyway. Pleasure to meet you both and we'll see what we can do. Thank you very much. ts there anybody who would like to speak against this application? Questions from Board members? Hearing no further questions, I'll make a motion closing the hearing reserving decision until later. ALi in favor - AYE. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5513 February 19, 1988 Town of $outhold Zoning Board of Appeals Applicant: Guido & Anna Ciacia Mun. File No.: #3652 S.C.P.D. File No.: SD-88-5 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I.. NEW YORK I 1788 Og/ 0 /! MAIN ROAD- STATE ROAD Z5 SOUTHOLD, l.l., N.Y. 1]9?l TELEPHONE (516)765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAW[CKI 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 VZ , Section 100-61 BuZk Schedule Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3652 Applicant: Guido and Anna Ciacia Location of Affected Land: Kerwin Blvd. & Main Rd., County Tax Map Item No.: 1000- 53-2-20 Within 500 feet of: Town or Village Boundary Line Greenport, NY Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Boundary of Existing or Other Recreation Area Proposed County, Proposed County, State or Federally Owned State or Federal Park or or Existing or Owned by the Lines, Within Within Proposed Right-of Way of AHy Stream or Drainage County or for Which The County Has Established COMMENTS: Applicant is width and depth of Channel Channel Land One Mile of a Nuclear Power Plant One Mile of An Airport. approval of requesting~xsxsxqxaxnxt~ in~'~fici~nt two parcels in this pemdin? division of land Copies of Town file and related documents enclosed for your review. Dated: February 9, 1988 The premises containing the workshop (Parcel 2 on the proposed set- off map dated May 14, 1987) are under contract of sale to Otto and June Schoenstein conditioned upon the seller obtaining set-off approval from the Southold Town Planning Board and any necessary variances from the Southold Town Board of Appeals. f App Southold Town Board o eals MAIN ROAD- STATE ROAD ~5 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI February 8, 1988 Rudolph H. Bruer, Esq. Edson & Bruer Main Road Southold, NY 11971 Re: Appl. No. 3652 - Guido and Anna Ciacia/Schoenstein Dear Rudy: Transmitted herewith for your records is a copy of the recent findings and determination rendered in the above matter, the original of which has been filed with the Office of the Town Clerk. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Department Planning Board Suffolk County Planning Commission Phone: 477-9517 OTTO §IHOEI §TEIfl P.O. BOX 95 EAST MARION, NEW YORK 11939 ADDITIONS CUSTOM HOMES ALTERATIONS November 12~ 1987 Southold Town Zoning Board of Appeals Town Hall Main Road Southold~ New York 11971 Re: Appeal No. 3652 Anna & Guido Ciacia Dear ~irs: I have been self-employet as a General Contractor for thirty five years~ during wi~ich time I have also been en~aged in doing boat repairs and small boat building. Up until foor years ago I resided and worked in the Saint James area. For the past four years I have resided and worked in the vicinity of East Marion. I have no employees. During my oeens:~e years i worked for Schneider Boat Yard in College Point where I learned boat building and repairs. I have b~ilt ma.ny small boats since then and done custom boat reoairs~ along ~.~'kth doing marine surveys for people interested in knowing the qzality of a hoar t~ey were considering buying. For ~mve years I taught a course in Boat Building and another in Boat Repairs for Smithtown Bay Squadron. Host of the work I do as a General Contractor is custom home- building an~ additions an~ renovations to existin= homes. New homes I have built in the Greenport-Eest Marion area include homes ih Cleaves Point Estates~ Pebble B~ach~ and Highpoint. A s}al! wooiworking shop wo~l,~ be a great advanta=e to me~ as I would have a place to do cnstol woodworking. Mr. Ciacia has used his building as a small woodworking and boat b~ilding shoo for many years~ a~d because he would like to continue having it used For that purpose~ he approached me about buying his shop~ rather than m:ttins it up for~6ale to the ~emera~ public. ~ ~ I respectfully request that his variance be co_.szderedn ' and accepted. Sincerely~ WORK ORDER - JOB MEMORAND~ Msg. From .............................................................. Customer ................................................................ Dote: .............................. Tel. No ......................... Boat: .............................. S~TY Southold. N.Y. 11971 (516) 765-1938 MEMORANDUM TO: Gerar~k Goehringer, Chairman, FROM: Planning Board 0~~p DATE: September 9, 1987 RE: Appeal No. 3652 Anna and Guido Ciacia Zoning Board of Appeals The above referenced case was discussed by the Planning Board in response to your letter of July 20th. The Planning Board feels strongly that the variance request to reduce the lot area from 20,000 square feet to 6,250 and 4,688 square feet respectively should be denied. The following reasons are offered in support of this position: Facts: 1. The property consists of a lot which does not appear to have been legally subdivided. The property incorporates land from one filed map and part of a lot from another filed map. Both maps predate the Town's Zoning Code and Map. And, the applicant purchased said property in two separate pieces in 1943 and 1947. (see attached~- 2_ The property is currently zoned B-Light Business. It was originally zoned "A" ResidentialrAgricultural. In September of 1961, the applicant petitioned for and received a change of zone to Light Business. (see attached)--~ 3. Under the proposed Master Plan the property will be zoned Light Industry. 4. The site is currently in use as a residence with two detached garages (see survey). The larger of the two garages may include a workshop. The buildings have been in existance since 1960 and 1968. 5. Neither of the above uses (residence, workshop) are permitted uses under the current zoning ordinance, either as allowed uses or as special exception uses. Gerard Goehringer Page 2 9/9/87 6. Total lot area is 10,938 square feet. Proposed lot .areas are 6,250 square feet and 4,688 square feet. Required lot area in light Business zone is 20,000 square feet. Required lot area in proposedLight Industry zone is 40,000 square feet. For 16 years, the applicant has enjoyed two uses, a residence and a carpentry workshop both of which are now non-conforming on a lot which is about half the required minimum lot area for the Light Business Zone. The applicant has enjoyed and can continue Jto enjoy a,substantial benefit, that of a non- conforming residence and a business on an undersized lot within the zoning district that it is located within. Granting the variance would increase the degree of non conformity. Therefore, we would.not be in favor of this area variance. Southold (Updates, Town of Appeals -60- Noveml continued:) 18, 1987 Special Meeting Appeal Appeal Appeal Appl. Appeal ~p?ea! No. 3652 ANNA AND GUIDO CIACI~., Variances for area, width, depth, yard setbacks in this "B-Light Zone. Corner of Main Road and Kerwin Boulevard, Greenport. [Await Co. Health and P.B., reviews No. 3649 CHRIS AND WILLIAM CONNORS. Variance for insufficient setback from wetlands. West Drive, Southold. [Await finalization of SEQRA and Town Trustee action-before advertising.] No. 3636 - TARTAN OIL CO. Variance for convenience store as accessory use Co gasoline service. Corners of S/s Main Road, E/s Sunset Lane and W/s Marratooka Road, Mattituck. [Await additional information and P.B. reviews.] No. 3633 - TARTAN OIL CO. Special Exception for partial self-service gasoline station. Main Road, Marratooka and Sunset Lanes, Mattituck. [Await additional information and P.B. reviews.] No. 3627 LILLIAN VISHNO. Variances for insuffi- cien~ area, width and depth.for three proposed lots. 810 Corwin St., Greenport. [Await Co. Health and P.B. applications/reviews/communications.] ~I~ 3628 - G~-~ .... ~n ....... two proposed lots at Paraai_~_e~-e-i-rrt--R~-~, Southold. [Await C~o, H_.~_aJ-$~--a-ryd--p~ applications/reviews/ Appeal No. 3614 ROBERT AND ETHEL SCHROEDER. Interpreta- tion request. S/s-RouCe 25, East Marion. [Await confirmation of activities conducted and survey. FurEher direction awaited from applicants' attorney.] The meeting was declared adjourned at 9:00 p.m. Respectfully submitted, Linda F. Kowalski, Secretary Southold Town Board of Appeals Approved January , 1988 October 20, 1987 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Appeal No. 3652 Anna & Guido Ciacia Dear Sirs: Please be advised that this office represents Otto and June ~tei__~n contract vendees to the real property which is the subject of the above appeal application. The property owners, Guido Ciacia and Anna Ciacia, have given their written authorization for the ~bstitution of Mr. ~ho~nstein. as applicant, on any and all pending and future applications with regard to the proposed set-off. We enclose a copy of said authorization letter for your file. Pursuant to your letter of July 20, 1987 (copy enclosed) we advise and/or enclose, as appropriate, the following: 1. Enclosed is copy of August 26, 1987 letter of Valerie Scopaz, Town Planner, stating that the Planning Board will not accept the set-off application, and any future consideration will depend upon the requested variance being granted by the Zoning Board of Appeals. 2. We are proceeding with the Health Department application. However, this would seem moot as the premises are served by public water, the water hook-ups exist and no new hook-ups will be required or asked for. For your reference, I enclose copies of the Health Dept. application forms and cover letter of J. Kevin McLaughlin, Esq., dated July 30, 1987. 3. Copy of Building Inspector's Notice of Disapproval, July 14, 1987. 4. Nonconforming C.O. for the existing uses of the premises. Please schedule this application for public hearing. Sincerely, : RHB/df Encs. cc: Southold Town Planning Board Mr. and Mrs. Otto Schoenstein J. Kevin McLaughlin, Esq. AUTHORIZATION The undersigned hereby authorizes Otto Schoenstein, 1645 Maple Lane, East Marion, New York, as contract vendee, to be substituted as applicant in any and all applications now pending or hereafter commenced before the Southold Town Board of Appeals, Southold Town Planning Board Suffolk County Department of Health Services and any other state, county or town boards or agencies regarding the proposed set-off of a parcel of land located at the corner of Main Road and Kerwin Boulevard, Arshamomoque, New York (Tax Map No. 1000-53-2-20) and regarding any variances and approvals required in connection therewith. Dated: October 5, 1987. GUIDO CI~CIA ANNA ClAClA APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN RrlAD- STATE RnAD :25 SOUTHEILD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 July 20, 1987 J. Kevin McLaughlin, Esq. 828 Front Street, Box 803 Greenport, NY 11944 Re: Appeal'No. 3652 - Anna Ciacia and Guido Ciacia Dear Mr. McLaughlin: This letter will acknowledge receipt of your recent application before the Board of Appeals. The Board members will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling your application for a public hearing. It is requested in the interim that you proceed with the [X] Planning Board [X] Co. Health(Article VI action) concerning their jurisdiction in this matter in order that they may submit their written comments, formal action, or other input as early as possible. Upon receipt of their inputl your application will be scheduled for the earliest available hearing date. If the above document(s) are submitted by late August, it is expected that a public hearing would be held about the middle part of September. A copy of the notice of hear- ings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation. Please feel free to call at any time if you have questions. Yours very truly, GERARD P. GOEHRINGER ~B~ Linda Kowalski cc: Planning *and a copy of a Certificate of Nonconforming Premises (and/or current C.O.s of record, if any) Board Southold. N.Y. 11971 (516) 765-1938 August 26, 1987 J. Kevin McLaughlin, 828 Front Street P.O. Box 803 Greenport, NY 11944 Esq. Re: Application for Set-Off for Gui'do and Anna Ciacia SCTM# 1000-053-2-20 Dear Mr. McLaughlin: Pursuant to our conversation today, I am returning the above-referenced application, as it is felt to be premature. However, the Planning Board will proceed to forward its comments to the Zoning Board of Appeals regarding your request before them for a variance for this set-off. If the Zoning Board grants your client's request, the application can be resubmitted.at that time. If there are any further questions, please do not hesitate to contact me. Sincerely, Valerie Scopa~ Town Planner cc: Bennett Orlowski, Jr., Chairman 828 FI~)NT STREET, P. O. BOX 803 GJt,EENPORT. NY 11944 477-1016 July 30, 1987 Suffolk County Department of Health Services Bureau of Wastwater Management _Suffolk County Center Riverhead, New York 11901 Re: Proposed Set-Off for Guido and Anna Ciacia Gentlemen: I have enclosed copies of the Application for Approval of Realty Subdivision, Environmental Assessment Questionnaire, three maps and my check in the sum of $9.00. Please process this application as soon as possible. Very truly yours, JKM/lg Enclosures J. Kevin McLaughlin SLJFFoLK CouNTY O~:P/:~RTMENT'OFHEALTH SERVICES BUREAU OF WASTEWATER MANAGEMENT SUFFOLK COUNTY CENTER RIVERHEAC, NEW YORK 11901 APPLICATION FOR APPROVAL OF REALTY SUBDIVISIONS ANO DEVELOPMENTS (Please type or print the following information] Application is hereby made for the approval of plans for a realty subdivision/development as required by the provisions of the Suffolk County Sanitary Code. PLEASE NOTE: This form must be completely filled out and signed by BOTH property owner{s) ANO professional engineer or land surveyor. h Name of Subdivision or Development Proposed Set-Off for Guido & Anna Ciacia 2. Property Location Southold Property Tax Map No. 1000-053-02-20 (Village or Town) 3. Owner's Name Guido and Anna Ciacia (Individual, Corporation or Partr~ership Owning Property) 55 Main Road 4. Mailing Address Green~ort~ NY 11944 Telephone No. 5. What is total area of property to be subdivided? 10938 scI. ft. §. What is the zoning classification of the property? Business 7. V~/hat is the total number of lots proposed? 2 (516) 477-1696 [i.e., business, residential) In this section? 2 1 lot What is the intended use of these lots? (~) Single family residences O Two-family residences O Multi-family housing O Commercial or industrial center (~) Other garage and workshop 9. What do you intend to do with these lots? O Build on all lots O Sell lots only O Build on some I(~ts and sell others Q Other retain use of residential lot~ sell workshop 10. lWhat, is the nature of soil? not applicable - both lots are currently · . (Describe to a depth of 17 ~'eet, giving thickness of im[~roved with building with existing cessl~oois various strata such as topsoil, loam, clay, sand, gravel, hardpan, etc., if known) I1. What is topography? generally flat [i.e., flat, rolling, steep, etc.) 12. What is the depth to the water table? not applicable - all structures (give maximum and minimum if there is a currently supplied by the Green~or/ Water District variation and how determined) are WWM-023 (Rev. 1/87) ]a-]406..2/87 Page 1 of 2 WASTEWATER 'MANAGEMENT sEcTION COUNTY CENTER RIVERHEAD, NEW YORK 11901 REALTY SUBDIVISION AND DEVELOPMENT ENVIRONMENTAL ASSESSMENT QUESTIONNAIRE (Please type or print the following information) NAME OF SUBDIVISION OR DEVELOPMENT PROPERTY TAX MAP NUMBER Proposed Set-Off for Guido & Anna Ciacia 1000-053-02-20 PROPERTY LOCATION (VILLAGE AND/OR TOWN) Corner Main Road & Kerwin Blvd., Arshamonaque, Southold OWNER'S NAME (INDIVIDUAL, CORPORATION OR PARTNERSHIP OWNING PROPERTY) Guido and Anna Ciacia MAILING ADDRESS 55 Main Road, Greenport, New York 11944 TELEPHONE NUMBER (516) 477-1696 Please answer all of the following questions by marking the appropriate box. 1. Are any of the following permits required? .................................................................................................. a. Wild Scenic and Recreation Rivers Permit - NYSDEC ........................................................................ b. Long Island Well/Water Supply Permit - NYSDEC .............................................................................. c. Protection of Waters Permit - NYSDEC .................................................................................................. d. Tidal Wetlands Permit - NYSDEC ............................................................................................................ e. Fresh Water Wetlands Permit - NYSDEC ................................................................................................ f. SEQRA Determination - SCDHS/Town .................................................................................................... 2. Will project result in a large physical change to the project site, physically alter more than 10 acres of land or alter any unique or unusual land form? .................................................................................... 3. Will project alter or have any effect on an existing body of water? ...................................................... 4. Will project have a potentially large impact on groundwater quality? .................................................. 5. Will project significantly affect drainage flow on adjacent sites? .......................................................... 6. Will project affect any threatened or endangered 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 character of the community, scenic views or vistas known to be important to the community? ................................................................................................................ 9. Will project adversely impact any site or structure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? ................ 10. Will project have a major effect on existing or future recreational opportunities? .......................... 11. WiU. project result in major traffic problems or cause a major effect to existing transportation systems? ................................................................................................................................................................ 12. Will project regularly cause objectionable odors, noise, glare, vibration or electrical disturbance as a result of the project's operation? ............................................................................................................ 13. Will project have any impact on public health or safety? ........................................................................ 14, Will project affect the existing community by directly causing a growth in permanent population of more than 5 percent over a one-year period? ........................................................................................ YES NO X X X X X X X X X X X X × X X × X X X 15. Is there public controversy concerning the project? ................................................................................ OWNER S SIGNATURE' DATE 7/27/87~j~vin-~La~gh~n, as-attorney WWM-024 (6/85) ~ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL 19 ~'.7.. Date File No... ] ........................... .~,~..~...~,.. !/. ?~9. ......... PLEASE TAKE NOTICE that your application dated .... .~...,A~u:~-~....1.'7. ........... 19 ,~).7... County Tax Map No. 1000 Section . . . .~..~..~ ..... BLock .... .~...;~. .....Lot . ~..~, ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on tile following grounds .~.~' .~...~.~/...'~c~.( .O~..'7 .{4../ .~. ~.~T~. ~, :-~., ........................................................ Building Inspector RV 1/80 ,F SOUTIIOLD OFI:ICE OF BUILDING INSPECT(')R TOWN IIALL SOUTIIOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES Tills IS 'FO CERTIFY that the /~'/ Land I~1 Building(s) /--/ IJse(s) locatcd at 67780 Main Road & 55 Pre C.O. i- z-16147 i Date- September 9, 1987i Kerwin Blvd. Greenport, Street :;ho,,vn on County tax map as District 1000, Section Ha,nlet 053 , Block Lot New York 2O 02 , , does.~not~conform to the present Building Zone Code of the Toym of Southold for the following reasons: Insufficient total area; front & side and rear set-backs; garage and workshop in side yard; non qonforming one family dwelling. (.In the basi.~ of information presented to the Building Inspector's Office, it has been determined that the above nonconforming /--x] Land /~_/Building(s) /-/Usc(s) existed on the effective date the present Building Zone Code of the Tm,.,n of 5.;outhold, and may be contimmd pursuant to and subject to the appli- cable provisions of said Code. iT IS i:URTi-IEP~ CERTIFIED that, based upon information presented to the Buildin~ Inspector's' Office, the occupancy and use for which this Certifi- c~tc i3 i:4:~ucd is as; follows: Property contains one story, one family brick framed dwelling; permit #II09Z/CO Z3260; accessory building #38/C0 634; business garage and woodshop Permit #3951Z/CO 3382; addition permit 15937Z (Still Active): al/ 'situated in B-I General business with access to Kerwin Blvd. Thc Certificate i~ insued to of t}lc~ afor,~said bullrling~. GUIDO CIACIA (owner, ~tx~ov~S~~x~xx St, irt h. C()unty Dopartment of Ilealth Approval N/A "/A C!','DFii[WiIITEt([; CE1Ci'IPIC:ATI/: NO. N(/I'I(:E IS IiEI/EBY GIVI",N that the owner of the above premises IL~S ~<()T C(~?:SENTI:iD '1'¢~ AN INSPI;CTION of the premises by the Building InspeC- t,,r ir)determine if the premi:;e:; comply with all applicable codes and ord~- :mce~;, od~er than the }'-;uilding Zone Code, and therefore, no such inspection h:,:; b,:,.n crmluctr~d. Thi~; Certificate, therefore, docs not, and is not fl~tendcd to c,~rtify that the l~rcn~i~;c~; ct>ml,ly with all other applicable codes and refula- Southold, N,Y. 11971 (516) 765-1938 MEMORANDUM TO: Gerard Goehringer, Chairman, Zoning Board of Appeals FROM: Planning Board DATE: September 9, 1987 RE: Appeal No. 3652 Anna and Guido Ciacia The above referenced case was discussed by the Planning Board in response to your letter of July 20th. The Planning Board feels strongly that the variance request to reduce the lot area from 20,000 square feet to 6,250 and 4,688 square feet respectively should be denied. The following reasons are offered in support of this position: Facts: 1. The property consists of a lot which does not appear to have been legally subdivided. The property incorporates land fromone filed map and part of a lot from another filed map. Both maps predate the Town's Zoning Code and Map. And, the applicant purchased said property ~ in two separate pieces in 1943 and 1947. (see attached)/ 2. The property is currently zoned B-Light Business. It was originally zoned ,A" Residential-Agricultural. In September of 1961, the applicant petitioned for and received a change of zone to Light Business. (see attached~-' 3. Under the proposed Master Plan the property will be zoned Light Industry. 4. The site is currently in use as a residence with two detached garages (see survey). The larger of the two garages may include a workshop. The buildings have been in existance since 1960 and 1968. 5. Neither of the above uses (residence, workshop) are permitted uses under the current zoning ordinance, either as allowed uses or as special exception uses. Gerard Goehringer Page 2 9/9/87 6. Total lot area is 10,938 square feet. Proposed lot areas are 6,250 square feet and 4,688 square feet. Required lot area in light Business zone is 20,000 square feet. Required lot area in proposedLight Industry zone is 40,000 square feet. For 16 years, the applicant has enjoyed two uses, a residence and a carpentry workshop both of which are now non-conforming on a lot which is about half the required minimum lot area for the Light Business Zone. The applicant has enjoyed and can continue to enjoy a substantial benefit, that of a non- conforming residence and a business onan undersized lot within the zoning district that it is located within. Granting the variance would increase the degree of non conformity. Therefore, we would ~not be in favor of this area variance. 828 FRONT STREET, P. O. BOX 803 GREENPORT, NY 11944 (516) 477-1016 September 11, 1987 Southold Town Board of Appeals Main Road Southold, New York Attention: Linda Kowalski Re: Appeal No. 3652 Anna and Guido Ciacia Dear Linda: I have enclosed a copy of the letter I received in the above-captioned matter from Valerie Scopaz, Town Planner. I thought the Board of Appeals should be aware of the Planning Board's apparently new policy. Very truly~ ~., ~ ~ J. [~-~cLau JKM/lg ~ g~in Enclosure T 0 SpU LD Southold, N.Y. 11971 (516) 765-1938 August 26, 1987 J. Kevin McLaughlin, 828 Front Street P.O. Box 803 Greenport, NY 11944 Esq. Re: Application for Set-Off for Guido and Anna Ciacia SCTM# 1000-053-2-20 Dear Mr. McLaughlin: Pursuant to our conversation today, I am returning the abo~e-referenced application, as it is felt to be premature. However, the Planning Board will proceed to forward its comments to the Zoning Board of Appeals regarding your request before them for a variance for this set-off. If the Zoning Board grants your client's request, the application can be resubmitted at that time. If there are any further questions, please do not hesitate to contact me. Sincerely, Valerie Scopa~ Town Planner cc: Bennett Orlowski, Jr., Chairman .... ~S~,~1 ~ ~gffm for~er, aZl that tract, piece or parcel or land APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for -{t~nta~t,~,e-)- (final) approval of a subdivision plat in accordance with Article 15 of the Town Law and the Rules and Regulations of the Southold Town Planning. Board, and represents and states as foilows: I. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the sub.vision is to be ...S.e. ~.'7.0.~..f..9.~...G.u..±~9..C..~.a. ?.J;.a...a.n..d ........... ........ Anna .C.±.a.c ± a .................................................................... 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber .... .2.2.7.7. .............. Page .. 90 On March 16, 1943 . 2689 93 March 27, 1947 Lib P 0 ' er ........................ age ...................... n ........................ , Lib P g O ' er ........................ a e ...................... n ........................ , Liber Page On ' Liber Page On · as devised under the Last Will and Testament of ........................................ or as distributee ........................................................................ 5. The area of the land is .10,938 $ fit. 6. All taxes which are liens on the land at the date hereof have been paid ~s~ .......... 7. The land is encumbered by ...... .n..o ..................................................... mortgage (s) ~l~2gOFl~rgg (a) Mortgage recorded in Liber ............ Page .................... in original amoun~ of $ ................ unpaid amount $ ................ held by .......................... .......................... address ...................................................... (b) Mortgage recorded in Liber ............ Page .................... in original amount of $ ................ unpaid amount $ ................ held by ........................... .......................... address ...................................................... ','SOU t6L D Southold, N.Y. 11971 (516) 765-1938 August 26, 1987 J. Kevin McLaughlin, Esq. 828 Front Street P.O. Box 803 Greenport, NY 11944 Re: Application for Set-Off for Guido and Anna Ciacia SCTM# 1000-053-2-20 Dear Mr. McLaughlin: Pursuant to our conversation today, I am returning the above-referenced application, as it is felt to be premature. However, the Planning Board will proceed to forward its comments to the Zoning Board of Appeals regarding your request before them for a variance for this set-off. If the Zoning Board grants your client's request, the application can be resubmitted~at that time. If there are any further questions, please do not hesitate to contact me. cc: Bennett Orlowski, Jr., Sincerely, Valerie Scopa~ Town Planner Chairman LEGAL NOTICE NOTICE OF AMENDMENT OF ZONING ORDINANCE AMENDMENT NO. 45 NOTICE IS HEREBY GIVEN, that after a publ/c hearing held (~C%uding ~e ~ullding Zone Map) of ~e T~ of Southold,. ~uffolk County, New ~ork, was duly ~ded at a reguiar ~t!ng ~f ~e $ou~old To~ ~ra held ~ ~st 16, 1961, as fo!10ws 1. By ~ending ~e S~uthold To~ Building Zone Ordinance as follows: I. By ~ending Article III, Section 300, by ada~g ~ereto a new ~ragraph, to ~ Paragraph 6B, to read as foll~ws~ 6B-~emeteries and ~e necessary incidental structures when approved as a special exception by ~e Board of Appeals as hereinafter provided. 2. BY chang/ng from "A" Residential and Agricultural, Dlstrict__.to "B" ~usinsss District 'the follow//%g describe~ Ail that certain tract or parcel of land situated at Greenport, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: Beginning at a point formed by the inter- section of the northerly line of Kerwin Boulevard and the easterly line of the Main (State) Road. running thence N. 30~24'20"E. along said easterly line of Main Road 50 feet to land now or formerly' of Mann. thence easterly along said land now or Page 2 - Legal ~otice formerly of Mann S.59°35'~0"E. 125 feet to a point; thence northerly along said land now or formerly of Mann N.30°24'20"E. 25 feet to a point; thence easterly along said land now or formerly of Mann S.59°35'40"E. 62.50 feet to a point; thence northerly along said land now or formerly of Mann N. 30~24'20"E. 75.00 feet to a point; thence easterly along said land now or formerly or'Mann S.59°35'40"E. 62.50 feet to the westerly line of a private road, "Lawrence Lane"; thence southerly along said westerly line of said "Lawrence Lane" S.30°24'20"W. 150 feet to northerly line of Kerwin Boulevard; thence westerly along said northerly line of Kerwin Boulevard N.59°35'40"W. 250 feet to the easterly line of ' the Ma/n Road at the point or place of beginning. DATED: August 16, 1961. BY ORDER OF THE SOUTHOLD TOWlq BOARD ALBERT W. RICHMOND TOWN CLERK. PLEASE PUBLISH ONCE, AUGUST 25, 1961, AND FORWARD FIVE (5) AFFIDAVITS OF PUBLICATION TO THE TOWN CLERK, MAIN ROAD, SOUTHOLD, NEW YORK. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRtGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 July 20, 1987 J. Kevin McLaughlin, Esq. 828 Front Street, Box 803 Greenport, NY 11944 Re: Appeal No. 3652 - Anna Ciacia and Guido Ciacia Dear Mr. McLaughlin: This letter will acknowledge receipt of your recent application before the Board of Appeals. The Board members will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling your application for a public hearing, ? ~(~'~?the [ ~]e~ _x]It is requested in e interim that you proceed with Planning Board [ Co. Health(Article VI action) concerning their jurisdiction in this matter in order that they may submit their written comments, formal action, or other input as early as possible. Upon receipt of their input~ your application will be scheduled for the earliest available hearing date. If the above document(s) are submitted by late August, it is expected that a public hearing would be held about the middle part of September. A copy of the notice of hear- ings.as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation. Please feel free to call at any time if you have questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski *and a copy of a Certificate of Nonconforming Premises (and/or current C.O.s of record, if any) cc: Planning Board ATTORN~ 828 FRONT STREET, P. O. BOX 803 GREENPORT, NY 11944 (516) 477-1016 July 16, 1987 Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Variance for Guido and Anna Ciacia Dear Linda: I have enclosed the application on behalf of my clients for a variance, along with my check in the sum of $150.00 for the filing fee. JKM/lg ENclosures Please schedule this matter for a hearing at the next available date. Very tr_/~/~rs ~ LOT 178 AREA 62§0 ,$O.FT P/O LOT 177 AREA -' 4688 SO F'~ TOTAL AREA 10938 SO F'~ (o PROPOSED SET OFF FOR UIDO 8~ ANNA CIACIA AT ARSHAMO'MOQUE TOWN OF SOUTHOLD SUFFOLK COUNTY , N. '~ ~OO0 - 053 ' 02 20 SCALE I"= 30' MAY 14,~987 ( 516 } ?65 -50~'0 P.O. BO)< 909 ,SOUTHOLD, NY 11971 6REENPORT CERTIFIED TO, SOUTHOLO SAVINGS ~ANK PECONIC ABSTRACT GUIDO 'CIACIA ANNA CIACIA 87 - 384 Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS- January 14, 1988 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON IS, JR. S · ~.. Q. R. A. SERGE DOYEN, JR. ROBERT.I. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPHH. SAW~CK~ Notice of Determination of Non-Significance APPEAL NO.: ~52 PROJECT NAME~-- GUIDO AND ANN~ CIACIA 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 To%~ of Southold. This board determines the within project not to have a signifi- cant adverse_effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X~ Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION:Approval-of insufficient area, width and depth of two parcels in this pending divi~sion of land LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Kerwin Blvd. and Main Road~ Greenport, NY 1000-53-2-20 REASON(S) SUPPORTING THIS DETErmINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is sot directly related to new construction as regulated by Section 617.13 for a lot-line or area variance. FOR FURTItER INFORMATION, PLEASE CONTACT: Linda K6walski, Southold To~n Board of Appeals, Town Hall, Southold, NY 11971- 765-1809 or 1802. ' Copies of this notice sent to the applicant or his agent on the Town Clerk Bulletin Board. Secretary, tel. 516- and posted mc NOTICE OF HEARINGS. NOTICE IS HEREBY GIV- EN, pursl~a~t 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 O~ At'PEALS at a ~ Mce~ng at the Southold Town .Hail, Main Road, Southold, NY on THURSDAY, JANUARY ,1,4, 1988 at the i~lk~ing tim&: 7:35 p~m. Appl. No. 3705- ARTHUR V. JUNGE for a gl~'ial Exception to the Zoning Ordinance, Article VIII, Section 100-80(By 'for permission to establish electrical shop use and construct two buildings located as shown on Site Plan dated March 10, 1987, prepared by John A. Grammas & Assoc. Zone District: C-Light In- dustrigl. Location: North Side of C.R. 48, Cutchogue, NY, County Tax Map District 1000, Section 96, Block 1, Lot 19, con- mining 45,589_+ sq. ft. in lot area. 7:40 p.m. Appl. No. 3697- WILLIAM AND PAULA TUlT~ for a Variance to the ~oning Ordinance, Article XI, Section 100-119.2 for permission to reconstruct and extend porch within 75 feet of existing bulkhead along Little Peconic Bay. Location of Property: South Side of Midway Road, Southold, NY; Cedar Beach Park Map No. 90, Lot 113; County Tax Map District 1000, ~Section 90, Block 2, Lot 6. 7:45 p.m. AppL No. 3676- ANTHON~ ? ROBUSTELLI. (Recessed from December 10, 1987 as requested). 7:50 p.m. Appl. No. 3681- ANTHONY AND ANGELA LEONE. Variances to the Zon~ ing Ordinance, Article III, Sec- tion 100-31, Bulk Schedule, for approval of insufficient area and width of two parcels proposed in this pending division of land, and establishing insufficient sideyard setback of existing dwelling and accessory storage building on vacant lot (Section 100-32). Location of Property: East Side of Deep Hole Drive, Mattituck, NY; County Tax Map Parcel No. 1000-115-13-12.1 (prey. 11 and 12)._ 7:55 p.m. Appl. No. 3706- MANFRED E. KUI~RNER. Vatianecs to:'the Zon'mg Or- dimmce, Article I11, Section 100-31, and XI, Section 100-119.2 for permission to con- struct additions to existing dwelling with a reduced souther- ly sideyard Setback, insufficient total sideyards, excessive lot coverage and w~.th an insuffi- cient ;isetba¢k from bulkhead along "Old Cove'" at Ar- shamomaque. Location of Pro- petty: East Side of,Carole Road, Southold, NY; County Tax Map Parcel No.1000-52-2-3. -~ /,~'~8:00. p.m. Appl. No. 3652- GUIDO AND ANNA C1ACIA. Variances to the Zoning Or- fflnance, Article Vl, Sect. ion 100-61, Bulk Schedule for ap- proval of insufficient area, width and depth of two parcels in this pending division of land located at thc corner of the East Side of Kerwin Boulevard and the South Side of Main Road, Grcenport. Zone District: B- Light Business. County Tax "'.~Map Parcel No. 1000-53-2-20; Peconic Bay Estates Lots 178 and part of 177. ~ 8:10 p.m. Appl. No. 3704- JAMES MESKOURIS. Variances to the Zoning Or- dinance, Article Ill, Section 100-31, Bulk Schedule as to ex- cessive lot coverage, and Article XI, Section 110-119.2 as to con- struction within 100 feet of bulkhead and ordinary high water mark along Long Island Sound, for the proposed con- struction of open decks attach- ed to existing dwelling. Location of Property: 1400 Sound Beach Drive, Mattituck, NY; Capt. Kidd Estates LOt No. 37; Coun- ty Tax Map Parcel No. 1000-106-1:35. '8:20 p.m. Appl. No. 3698- TIIOMAS ZIMMERMAN. Variance to the Zoning Or- dinance, Article Xi, ~Sgction 100-11SE fo.r approval, 0~' deck and to rebuild/repair existing nonconforming structure which .exceeds 50~0 of fair value of same and which e~ceds those limitations of Prior Z.B.A. Appl. No. 3590 rendered March 5, 1987. Location of Property: 265 Rochelle Place, Mattituck, NY; County Tax Map Parcel No. 1000-144-04-09 and 08, contain- ing .60_+ of an acre totaL... 8:30 p.m. AppL No. 3688- ANTHONY AND SAL/aY P1R- Rt~RA. Variance tO the Zoning Ordinance, Article II1, Section 100-31, Bulk Schedule, for ap- proval of insufficient width (frontage) of two parcels in this pending division of land. Loca- tion of Property: North Side of C.R. 48 (North Road), Green- port, NY; County Tax Map Parcel No. 1000-40-01,20, con- mining a total area of 5.20_+ acres.. The Board of Appeals will hear at said time and place all persons or representatives deC, r- ing to be heard in each of the above matters. Each heating will not start before the time allot- ted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: December 31, 1987 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHR1NGER, CHAIRMAN Linda Kowalski, Board Secretary IT-1/7/88(2) tion 100-31, P Sohedule~ for ~Ai2 __ ~ approval of inh &ent area a~d Legal ,. ~ ~ i~aen sid~ ~ck ~ ex~ng N~CEOF~ dwelling ~d ~ ~rage NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the follow- ~g hearings will be held by the )UTHOLD TOWN BOARD ~ APPEAL~ at a Regular ,eeting at the Southoid Town Hall, Main Road, Southold, New York, on THURSDAY, JANU- ARY 14, 19~8 at the following times: 7:35 p.m. Appl. No. 3705 - ARTHUR V. JUNGE for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B) for p~rmission to es- tablish electrical shop use and construct two ~lildings located as shown on Sit~ Plan dated March 10, 1987, prepared by John A. Grammas & Assoc. Zone District: C-Light Industrial. Lo- ,~tion: North Side of C.R. 48, Cutehogue, NY, County Tax Map District 1000, Section 96, Block 1, Lot 19, containing 45,589_+ sq. R. in lot area. 7:40 p.m. Appl. No. 3697 - WILLIAM AND pAULA TUITE for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permmmo,n to reconstruct and extend perch within 75 feet of existing bul- khead along Little Peconic Bay. Location of Property: South Side of Midway Read, Southold, NY; Cedar Peach Park Map No. 90, Lot 113; County Tax Map Dis- trict 1000, Section 90, Block 2, Lot 6. 7:45 p.m. Appl. No. 3676 - ANTHONY RoBUSTELLL (Recessed from December 10, 1987 as requested). 7:50 p.m. AppL No. 3681 - building on vacant lot (Section 100-32). Location of Property: East Side of Deep Hole Drive, Mattituck, NY, County Tax Map parcel No. 1000-115-13-12.1 (prey. 11 and 12). 7:55 p.m. Appl. No. 3706 - MANFRED E. KUERNER. Variances to the Zoning Ordi- nance, Articles III, Section 100- 31, and XI, Sect/on 100-119.2 for permission to construct addi- tions to existing dwelling with a reduced southerly sideyard set- back, insufficient total sideyards, excessive lot coverage and with an insufficient setback from bulkhead along "Old Cove" at Arshamomaque. Location of Property: East Side of Carole Read, Southold, NY; County Tax MapParcelNo. 1000-52-2-3. ~ f 8:00 p.m. AppL No. 3652 -· ! GUIDO AND ANNA CIACI~. Variances to the Zoning Orm- nance, Article VI, Section 100- 61, Bulk Schedule for approval of insufficient area, width andl depth of two parcels in this pend- lng division of land located at I the corner of the East Side of Kerwin Boulevard and the South Side of Main Road, Green- port. Zone District: B-Light Bus- iness. County Tax Map parcel No. 10~0-53-2-20; Peconic Bay Estates Lots 178 and part of 177~ ,~--8:10 p.m. AppL No. 3704 -~ JAMES MESKOURIS. Vari- ances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule as to excessive lot.~ coverage, and Article XI, Section 100-119.2 as to construction within 100 feet of bulkhead and ordinary high water mark along ANTHONY AND ANGELA Long Island Sound, for the prop- LEONE. Variances to the Zon-c~ osed construction of open decks lng OrdinanCer Ar !c~e Ill, Sec- ' attache~ to -existing' d~dll~ig~ Location of Property: 1400 Sound.Beach Ih, ive, Mattitue NY; Cpt. Kidd E~tates LOt #5 County Tax Map Panel No. 1000-106-1-35. 8:20 p.m. AppL No. 3698 - gORK THOMAS ZIMMERMAN- Variance to the Zoning Ordi- nance, Article XI, Section 100- :FOLK 11dE for approval of deck and to rebuild/repair existing noncon- forraing structure which exceeds 56% of fair value of same and which exceeds those limitatioos of Prior Z.B.A. Appl. No. 3590 rendered March 5, 1987. Loca- tion of Property: 265 Rochelle Place, Mattituck, NY; County Tax Map parcel No. 1000-144- 04-09 and 08, containing .60 -+ of an acre total. 8:30 p.m. Appl. No. 3688 - ANTHONY AND SALLY PIRRERA. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient width (frontage) of two parcels in this ~nding division of land. Loca- tion of Property: North Side of C.R. 48 (North Road), Green- pert, NY; County Tax Map Par- cel No. 1000-40-01-20, contain- lng a total area of 5.20 ~ acres. The Board of Appeals will Co?.t~p. to _ of Greenport, in ~g duly sworn, says that he/she is f THE SUFFOLK TIMES, a Weekly lished at Greenport, in the Town ~nty of Suffolk and State of New e Notice of which the annexed is has been regularly published in once each week for ~ ,ly, commencing on the__. 7 - 198& Principal Clerk hear at said time and place all this persons or representatives desir- --__ lng te ~ heard in each of the above matters. Eac3~ hearing will not start before the time al- lotted. Written commente may be submitted prior to the conclu- sion of the subject hearing., For' more information, please call 765-1809. Dated: December 31, 1987. BY ORDER OF THE sOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary 5803-1TJ7 ' . 0 MARY K. DEGNAN NOTARY PUBHC, State ol New Y, Suffe{k Count',, No 4849ES( COUNTY OF SUFFOLK SS: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Lon§ Island Traveler-Watchman once each week for // weeks successively, commencing on the ...................... day of .... . ,'K-~C~ ...... ~ ..... 19 ..... // Sworn to before me this ..................... day of ..... ........ Notary Public BARBARA FORBES Nota~ Public, State of New York No. 4806846 (~ualified in Suffolk County Commission Expires f/-~.~ / 19 fi~3~ Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, l.h, N.Y. 119'71 TELEPHONE {516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM It MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel fr~e to call our office, 765-1809. Yours very tr~ly.~, ~ ~ GERARD P. GOEHR[NGER ~ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk IUDITH T. TERRY TOWN CLERK TO: OFFICE OF THE TO~N CLERK TO~N OF SOUTHOLD Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TEKEPHONE (516) 765-1801 FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3652 , application of GUidO & ann0 Ci0C~CI for a variance. Also included in notification to adjacent propert~ owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - January 14, 1988 Copies Mailed to the following 12/22/87: Mr. Arthur V. Junge, 6880 Nassau Pt. Road, Cutchogue 11935 Mr. and Mrs. William Tu~te, 1777 Harvard Ave, Merrick, NY 11566 Mr. and Mrs. Anthony Robustelli, 48 Revere Road, Manhasset, NY 11030 Marie Ongioni, Esq. as Attorney for Anthony & Angela Leone Patricia C. Moore, Esq., Edson & Bruer, as Attorneys for Manfred E. Kuerner Guido and Anna Ciacia Anthony and Sally Pirrera Anthony B. Tohill, Esq. as Attorney for Edward and Barbara Betsch Mr. Thomas Zimmerman, 39 Eric Lane, New Hyde Park, NY 11040 Z.B.A. Chairman and Members with maps, etc. Delivered to the following 12/22/87: Planning Board (Diane and Valerie) Building Department (Inspector~L2) Town Clerk Bulletin Board ZBA Office Bulletin Board Delivery to the Suffolk Times and L.I. Traveler on 1/ /88 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of Guido and Anna Ciacia to the Board of Appeals of the Town of Southold TO: Lewis Edson, Maple Lane, Southold, NY Joseph & Otto Schoenstein, P.O. Box 95, East Marion, NY NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That. iiLi~e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a V~_~ance~ (Special Exception) (Special Permit) (Other) [c±rcle choice] 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: corner of Main Road (NYS Rt. 25) and Kerwin Boulevard, Town of Southo%d. New York. Tax Map No. 1000-53-2-20 3. That the property which is the subject of such Petition is located in the following zoning district: B-Light Business 4. Thatbysuch Petition, the undersigned willrequestthefollowingrelief: varience from the Bulk and Parkin~ Schedule to allow set-off of existin~ house and workshop, resultin8 in substandard size lots $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article VI Section 100-61 [ ] Section 280-A, New York Town Law for approva] of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above wiU be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may 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: July 16 1987 /~/'_ ~ ~-etiti //~ Owners'Names: Guido and -~h~a C±ac±a Post Office Address ~.O. ~ox 803, G:eenpo::, ~ 1~944 NAME Lewis Edson Joseph and Otto Schoenstein PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPT~ ADDRESS Maple Lane, Southold P.O. Box 95, East M~ P 427 459 914 Mr. Lewis Edson Maple Lane Southold, NY 11971 .22 .75 .7O STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: J, Kevin McLauKhlin , residing at 157 Central Avenue Greenport, New York , being duly sworn, deposes and says that on the 16th day of July ,19 87 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at Greenport (certified) (~e~ mail. Sworn to before me this 16th day of ~,~uly ~ ,19 87 Notary Public ; that said Notices were maimed to e~;.h of sai..cL~er~ns by ,--~' ,~vin McLaughlin ~3 LAURI~ E, GRAEB No. 4821818, Suffolk County_ _ Te~m F. xaires September 30, 1988 (This side does not have to be completed on form transmitted to adjoining property owners.) ~SNORT ENV'IROIlMEIITAL ~S.q~].*;SI~ F?~'~l .311sTRucTIONS~ (a) I~ order %o answe~ the guestion~ in tl~i~ short EAF is 1~ a~a~od that preparer will uso ¢urran~ly availabla ~fom~,ztion conce~ming tho pro~ct and tho l~ely ~pa¢~s Of the ac~!o~. ~ is no~ o~ected that ad~ltion~tl n~udioe, or otho~ lnvom~tgations w~l be (b) ~f any question has b~n answore~ Ye~ the pro~ec~ ~my bo hi.if leant and a ccmpleted Envlro~ental g~sossmont Fo~ i~ necessar/, (c) ~f all gu~stions hav~ b~en answered No it Is likely t~m~ thin p~oJect i~ not signlfican~. (d) ~viro~ental 1, W~i pro~ect r~s~t In a la'go phynical c}mngo ~ ~he pro~e~ sit~ ~r phFsically alter mor~ ~han 10 acres of land? · · · · · · · · · ~ Ye~ X ~. Will ~h~r~ b~ a ~or ~hang~ to any uniquo or unusual land fo~ fo~d on tho ~lte? ~ Yom X ~. W~i ~ro~ec~ alt~r or haw a lar~ ~ff. ct on am ~xis~ln~ body of water? · .... , .... Ye~, X ~. W~I pro]e~ hav~ a pot~ntially largo ~pac~ on gro~wa~er guali~y? . . ..... y~ X ~. Will project aff~e~ any t~a~unod or '-plant or anL~l spccies?· · , · · · Yc~* ~ ?. W~I pro~e~ reset in a ~a~or adw~e effect on 8, W~i pro]ec~ hava'a mm Jot ~ffoct cn visual char.- ac~er of tha com.~unity or scenic views or vlnta~ kno~ ~o b~ ~portan~ to tho co;r. muni~y? . . . ---- Yen ,X~ ~ No ~. Will pro~ac~ adversely !mpac~ an7 sito or mt~uc~ u~o of hls~oriG~ pro-historic, or paleontological lmportanca or any sl~ d~sl~a~ed as a critical ~nviroam~n~l a~oa by a local agency? . . , Yo~ .~ No 10. W~i pro]~ct haw a ~o~ offoct on exl~t~g or future r~creational opport~i~i~s~ · · · Y~s .,,~, 11. Will pro~ct,r~sult' in ~or traffic p~oblems or cause a major ~ffec~ to ~xistlng ~:ranspo~tation 12, Will ~ro~oct rog~arly c~us~ objectionable ado~, noise, glara, vlbratzon, or elec~rical anc~ as a ras~b of the pro~ect's operation? . . Ye~ X Will pro~ec~ have any ltnpact on public health o~ IL. Will proJac~ ~ffoc~ tho existing co.unity by directly cauolng a~ruwth ~n permanent l:upuln- %ion cf moro ghan percent o,;or a ['ne-your period o~ have a major nel~a~ive effect un the charac%e~ of ~ho con.unity ~r n~l~:ht'orhocd':' . , ~ Yes _ ~ No 19. I~ there public co~'ove~n'/ c~cern~,,jthe pro?~t? . 'fe~ .~__ No PREP~RER'S SIG:I,%TL~E~- /~ ~ ~. ~'7%?~// ~ TITLE: Attorney D AT E :h 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) *b) 2. 4. 5. Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by N~ ~n Code, Ch. 97 for your reference.) Yes there any areas open to a waterway without bulkhead? Yes Are there existing structures at or below ground level, ~ No such as patios, foundations, etc? Are the~e any existing or proposed fences, concrete barriers, decks, etc? If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes Yes If project is proposed for principal building or structure, is total height at more than 35 feet above average ground l~l? State total: ft. 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: No Yes No Yes N~ Yes ~ 10. ll. 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 Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from cont-ract). 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 a~ 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? ~ ~-~T'9 Nc Yes ~ Yes Yes Yes Yes Yes NI ~/A Yes N~ Yes N. 13. Please list present use or operations conducted upon the subject property at this time o~e-~am±]Ly ~e~±de~ce a~cl se?a~te ~o~k~hop and proposed ~ame *Please submiK photographs for the record. I certify7 tha~. the above statements are true and are being submitted for relia~de by~ bh~e Bo~rd~o.f Appeals ip c, onsldering m.y.~ppli,ca~on. -' 'Signature lPropert~ OwnerO (AuthOrized A'Rent) 3187 1 k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- Tho Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] 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, wbich at mean low title are covered by tidal watcro 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, fiats anti tidal marsh subject to such tides and 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 low march cordgrass; and/or (3) All land immediately adjacent to a tidal we, tbmd as defined in Subsection A(2) and lying witbln seven- ty-five (75) feet bmdward of the m.~t bmdward edge of such a tidal wetland. FRESHWATER WETLANI)S: (1) "Freshwater wetlands" :ts defined irt Article 2,1, tlc 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of thc Environmental Conservation Law of the State of New York: and (2) Ail land immediately adjacent to a "freshwater wet- ]and," as defined iu Subsection Il(I) and lying with- in seventy-five (75) feet landward of tho most land- ward edge of a "freshwater wetland." 9705 · ~,M §47A N.Y. bOND AND MORTGAGE, Fo~ CO~ZS~.N~ ~ L~ TUTBLANX .tG~Ti.t~ u~ ~A~O~t*CE j~ ~ twenty-third ~y ~/ Jtme forty-nzne . ~ the Main Road, at GPeenport, To%wa o£ Southold, Suffolk 3fineteen H~*ndred and residing on County, New York the mortgagor WILLI.~';~ L. CAFPGA residing on the south side of South Street in the Village of Creenport, To~m of Southold, Suffolk County, New York, themselves Tl~t the mortgagors , do hereby to be indebted to the mort~aSee the mort~fagee acknowledge in the sum Twenty-three hundred ........................................... Dollars ($2300.00 ) lawful money of the United States, which the mortSa~or s do hereby a~ree and bind themselve~ to pay to the mortgagee on the 2~rd day of June 1954, together with interest at and after the rate of zive (5) per centum per annum, payable on the 1st day of January 1950 and semi-annually thereafter. .. The mortgagors and obligors further agree to pay the stun of Fifty (~50) Dollars on account of the principaI indebtedness on each interest date, the first of such payments to be made on January 1st 1950. to secure, the payme?*t of which the mortgagors hereby mortgage to the mortgagee the following described real property:- P;~RCEL ~I0. i - ALL that certain lot, piece or parcel of land, with buildings und imp~,ovements theregn erecbed, situate, lying and being~ in tho Town of Southold, County of Suffolk and State of New York, designated on a certain ~¥~ap entitled "Map of Wickh~u Park Lots" owned by the Westfield City Realty Corpor~tion, located at A~'sho.momo~.~o, Town of ~outhold, Count~; of Suffolk, New York, stu~voycd July 15, 1927, by Otto Van Tuyl, Engineer and Surveyor, of Greenport, New York, and filed in the office of the Clerk of the County of Suffolk, Septembe~- 28, 1927, being Lot .~/178, being fifty (50) feet front and one hundred twenty-five (125) feet in depth, as laid down on said .~.~ap. BEINO AND IHTEND]~ TO BE the s~,%e premises conveyed by Guido Ciacia to Guido Ciacia and Anna Ciacia, l~s wife, by Deed dated }~arch 12th 194~ recorded in'.thc surfeit County Clerk's Office on }~arch 16th 1945 in Libor 227'~ of Deeds at Page 90.. PARCEL NO. 9 - ALL t~ tract, piece or parcel ~l~nd situate~ in the Tow~ of -'qouthold, ~ounty of ~Suffolk, State of New York, bounded and described as follows:- Southwestel~ly by a roadway kno~a~ as Kerwin Boulevard, sixty-two and · five~tenths (62.§) feet, more or less; northwesterly by Lots Nos. 178, and 179, seventy-five (75) feet, more or less; northeasterly by pa~t of the same lot, Lot No. l??, sixty-two and f~ve-tenths (6.°..5) ~eet, more or less; southerly by Lot No. 176, seventy-five (75) feet, ~re or less. Being the southwesterly one-half (1/2) of the Lot kno~wn and designated as Lot No. 177 on a map entitled "Amended ~ap A, Peconic Bay Estates, situate at Arshamomoque, Town of Southold, New York," made by Otto W. Van Tuyl, ~ay 12, 19~, and filed in the Suffolk Count Clerk's Office on ~,~ay ~19, 19~, under ~;~ap No. 1124. ]BEING ~D IN'I~,TDED TO BE the sm~e premises conveyed by Ra~a~ond Ciacia to the mortgagdrs by Deed dated February 14th 1947 and recorded in The Suffolk County Clerk's Office on ~Iarch 27th 1947 in Liber- ~689 of Deeds at Page 95. )00 [k. ~t CONSULT 'YOUR LAWYER BEF~IGNING THIS INSTRUN~ENT--THIS INSTRUMt)SHOULD BE USED BY LAWYERS ONLY. L,. 9552 438 aogso THIS INDFAqTURF_,, made the 1 1 th day of Apr i. l , nineteen hundred and eighty-four BETW~£~ ~ GUIDO CIACIA and ANN CIACIA, 'his wife, both residing at /~ ~)'-,~,Arshamomaque in the Town of Southold, Suffolk County, New York, party of the first part, and , ...... JOHN A2z MAZZAFEBRO, residing at 205 Oak Street, Greenport, New York tparty of the second part, t~VITI~F..~I~I'I-[~ that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, ~~Z'd~']~, ~t~'~'~-~t~-~ situate, lying and being ~:~ at Arshamomaque, in the Town of Southold, County of Suffolk and State of blew York, shown and designated on a certain map entitled, "Amended MapA, Peconic Bay Estates" dated May 19, 1933 and filed in the Suffolk County Clerk's office as Map No. 1124 as and by Lot No. 176. 30950 REC I\' D F, 7,~4 r ~-~.'?~TE APR ? 1984 TRAN? TAX SUFFOLK COUNTY TOGETtlER with all right, title and interest, if any, of the party of the first part in and to any streots and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of thc first part covenants that the party of the first part has not done or suffered anything whereby the said ?remises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to he applied first for the purpose of paying the cost of the improvement and '*'ill apply the same first to the lmyment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "par~y" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF~ the party of the first part has duly executed this deed the da)' and )'ear first above written. GUIDO CLex CIA TAX blAP )ESIGNATION lOOO cc. 053.00 02.00 .or(s): 009.000 \4 CONSULT YOUR LAWYER lJlOl~ SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. R0295 THIS INDFAh'TURF~ made the 1st BETW~-N · ' 37849 day of hpril , nineteen hundred an4~ighty-sevoAq LEWIS L. EDSON, residing at (no#) Maple Lane, Southold, New York 11971 party of the first part, and GEORGE L. PENNY, INC., a corporation organized under and existing by virtue of the business law of the State of New York, having a principal place of business at (no#) Main Road, Greenport, New York 11944 party of the ~cond paR, Wl'l~Ve..~rH, t~t the party of the first part, in consideration of Ten Dollars and other v~u~le consideration paid by the pa~y of the second part, does hereby grant and release unto the pa~y o£ the s~ond pa~, the heirs or successors and assi~s of the party of the s~ond ~rt forever, ~ th~ ee~ain ~ot, piece or parcel of l~d, with the b~ldi~s and improvements t~reon ere~ed, sit~te, lying and ~i~ in ~e at Arshamomaque, in the Town of Southold, County of Suffolk and State of New York, shown and designated on a certain map entitled, "Amended Map A, Peconic Bay Estates", dated May 19, 1933 and filed in the Suffolk County Clerk's Office as Map No. 1124, as and by Lot No. 176. BEING AND INTENDED TO BE the same premises conveyed to the grantor herein by Deed dated 9/8/86 and recorded 9/17/86 in Liber 10125 page 368. TOGETIIER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the cefiter lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said prenfises; TO tlAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of · the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly ~)~gated this deed the day and year first above written. WHEREAS, a petition was heretofore flied with the Town Board of the Town of Southold by ................ .G~'DZD..CTi%C'rA ...................................... requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- ing from ......?~1~:!...~1~1 ~1~¢;1 .~.~ .~ ~.1......i~4....~....A.¢~....:Jr...~..~..]....~..t...1~..~.1.. ..................... District to ........ :! ~ ~...B~l, litii~e~l S ................................................................. District the property described in said petition, and WHEREAS said petition was duly referred to the Planning Board for its investigation, recommendation and report, and its report having been filed with the Town Boardl and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the ...... 8-t,7~ ........... day of ............ ~.~S[~.~..~ ..................... 19,9'...6,,land due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is grant, ed, BT ORDER OF THE SOUTHOLD TOWN BOARD DATED: September 13, 1961. EFFECTIVE AS OF Sept. 23, 1961. ALBERT W. RICItMC~;D T(YFN CLERK ALBERT W. RICHMDND T[~WN ~ L E F2 :<: r-i FFi~ SDIJTHOLD~ I. I., N. Y. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ALBERT W. RICHMOND, being duly sworn, deposes and says that he resides at Southold, in the Town of Southold, County of Suffolk, State of New York; that he is the Town Clerk of the Town of Southold; that on the 13th day of Sept. 19 61 , he posted a copy of the NOTICE OF AMEI~DMENT OF ZONING NO. 45 , together with the official Zoning Map showing same, on the signboard m~intained by him pursuant to town law in the Southold Town Clerk's Office at Southold, New York; that such posting by him was done pursuant to the provisions of the Town Law and pursuant to the Resolution of the Southold Town Board. A copy of the Amendment is annexed hereto. Subscribed and sworn to before me this 13th day of Sept. , 19 61. Notary Public JUDITH T, BOKEN Notary Public, State of New York No. 52 0344963, Suf[olk LEGAL NOTICV. NOTICE OF AMENDMENT OF ZONING ORDINANCE AMENDMENT NO. 45 NOTICE IS HEREBY GIVEN, that after a public hearing held pursuant to the requirements of law, the Building Zone Ordinance (including the Building Zone Map} of the Town of Southold, Suffolk County, New York, was duly amended at a regular meeting of the Southold Town Board held on August 16, 1961, as follows: 1. By amending the $outhold Town Building Zone Ordinance as follows: I. By amending Article III, Section 300, by adding thereto a new paragraph, to be Paragraph 6B, to read as follows= 6B--Cemeteries and the necessary incidental structures when approved as a special exception by the Board of Appeals as hereinafter provided. 2. By changing from "A" Residential and Agricultural District to "B" Business District the following described property: Ail that certain tract or parcel of land situated at Greenport, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: Beginning at a point formed by the inter- section of the northerly line of Kerwin Boulevard and the easterly line of the Main (State) Road, running thence N.30°24'20"E. along said easterly line of Main Road 50 feet to land now or formerly' of Mann, thence easterly along said land now or Page 2 - Legal Notice formerly of Mann S.59~35'40"E. 125 feet to a point; thence northerly along said land now or formerly of Mann N. 30°24'20"E. 25 feet to a point; thence ~.. easterly along said land now or formerly of Mann S.59°35'40"E. 62.50 feet to a point; thence northerly along said land now or formerly of Mann N.30~24'20"E. 75.00 feet to a point; thence eagerly along said land now or formerly of Mann S.59°35'40"E. 62.50 feet to the westerly line of a private road, "Lawrence Lane"; thence southerly along said westerly line of said "Lawrence Lane" S.30°24'20'q~. 150 feet to northerly line of Kerwin Boulevard; thence westerly along said northerly line of Kerwin Boulevard N.59°35'40"?;. 250 feet to the easterly line of the Main Road at the point or place of beginning. DATED: August 16, 196i. BY ORDER OF THE SOUTHOLD TOWN BOARD ALBERT W. RICHMOND TOWN CLERK. PLEASE PUBLISH ONCE, AUGUST 25, 1961, AND FORWARD FIVE (5) AFFIDAVITS OF PUBLICATIO~ TO TP~. TOW~ CLERK, 5~%IN ROAD, SOL"rHOLD, NEW YOP~V,. PUBLIC HEARING TOWN BOARD TOWN OF SOUTHOLD August 8, 1961 Present: LESTER M. ALBERTSON, Supervisor RALPH TUTHILL, Justice of We Peace LOUIS DEMAREST, Councilman CORWIN GRATHWOHL, Councilman ALBERT W. RICHMOND, Town Clerk GUIDO C IAC IA SUPERVISOR ALBERTSON: I will read the legal notice of this hearing as it pertains to the Ciacia application. "Legal Notice, Notice of Hearing on Proposal to Amend Zoning Ordinance. Pursuant to Section 265 of the Town Law and Article IX of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Southold Town Board at the office of the Supervisor, 16 South Street, Greenport, New York, in said town on the 8th day of August, 1961, at 7:30 o'clock in the evening of said day, on the following proposals to amend the Building Zone Ordinance (including the Building Zone Maps~ of the Town of Southold, Suffolk County, New York. "2. By changing from "A" Residential and Agricultural District to "B" Business District the following described property: "All that certain tract or parcel of land situated at Greenport, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: "Beginning at a point formed by the intersection section of the northerly line of Kerwin Boulevard and the easterly line of the Main (State) Road, running thence N. 30°24'20"E. along said easterly line of Main Road 50 feet to land now or formerly of Mann, thence easterly along said land now or formerly of Mann, to S.59°35'40"E. 125 feet/a point; thence northerly along said land now or formerly of Mann N.30°24'20"E. 25 feet to a point; thence easterly along said land now or formerly of Mann S.59°35'40"E. 62.60 feet to a point; thence northerly along said land now or formerly of Mann N. 30°24'20"E. 75.00 feet to a point; thence east- erly along said~nd now or formerly of Mann S.59°35'40"E. 62.50 feet to the westerly line of a private road, "Lawrence Lane"; thence southerly along said westerly line of said "Lawrence Lane" S.30°24'20"W. 150 feet to northerly line of Kerwin Boulevard; thence westerly along said northerly line of Kerwin Boulevard N.59°35'40"W. 250 feet to the easterly line of the Main Road at the point or place of beginning. "Any person desiring to be heard on the proposed amendments should appear at the time and place above specified. DATED: July 19, 1961, By Order of the Southold Town Board. Albert W. Richmond, Town Clerk." SUPERVISOR ALBERTSON: I have here an affidavit from the printer. "State of New York) County of Suffolk)ss: F. Langton Corwin, being duly Sworn says that he is Printer and Publisher of the SUFFOLK TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the annexed is a printed cop~ has been published in the said Suffolk Times once in each week, for one week successively commencing on the twenty-eighth day of July 1961. "Sworn to "/s/ Stanley Corwin, Notary Public, /s/ F. Langton Corwin. before me this 28th day of July 1961. State of New York." 4 ¢0 ¢0 SUPERVISOR ALBERTSON: I also have here the report from the Southold Town Planning Board which I will read. "July 19, 1961, Report to: Southold Town Board, Southold, New York, Gentlemen: ~his is to certify that the following action was taken by the Southold Town Planning Board on Tuesday, July 18, 1961: "In the matter of the petition of Guido Ciacia for a change of zone from "A" Residential and Agricultural District to "B" Business District on certain real property situated at Arshamomaque, Greenport, New York, and more particularly bounded and described as follows: Beginning at a point formed by the intersection of the northerly line of Kerwin Boulevard and the easterly line of the Main (State) Road, thence running N. 30°24'20"E. along said easterly line of Main Road 50 feet to land now or formerly of Mann, thence easterly along said land now or formerly of Mann S.59°35'40"E. 125 feet to a point; thence northerly along said land now or formerly of Mann N.30°24'20"E. 25 feet to a point; thence easterly along said land now or formerly of Mann S.59°35'40"E. 62.50 feet to a point; thence northerly along said land now or formerly of Mann N.30°24'20"E. 75,00 feet to a point; thence easterly along said land now or formerly of Mann S.59°35'40"E. 62.50 feet to the westerly line of a private road, "Lawrence Lane"; thence southerly along said westerly line of said "Lawrence Lane" S.30°24'20"W. 150 feet to northerly line of Kerwin Boulevard; thence westerly along said northerly line of Kerwin Boulevard N. 59°35,40,.W. 250 feet to the easterly line of the Main Road at the point or place of beginning. Map of land surveyed for Guido Ciacia at Arshomamque, by Otto W. Van Tuyl & Son, dated May 3, 1961; it is hereby "RESOLVED that the Planning Board recommend this from "A" Residentialand Agricultural District to on the aforementioned property. "The Planning Board finds that this property is presently non-conforming business. Mr. Ciacia has conducted a boat building, repair business and carpenter shop on the premises for many y~ars. "There presently exists a "B" Business District to the south of Mr. Ciacia on the corner of Kerwin Boulevard and Main (State) Road. On the opposite side of Main (State) Road, from the railroad overpass easterly to Greenport, the land is zoned "B" Business. "Respectfully submitted, John Wickham, Chairman, Southold Town Planning Board." SUPERVISOR ALBERTSON: Is there anyone present who wishes to speak in favor of this proposed change in zoning? MR. GUIDO CIACIA, Main Road, Arshamomaque, New York: The reason I want this change is it will make things much easier for me. Every time I want to build an addition I have to get a non- conforming business permit. I now have hopes of putting up another shop. This change will save time and problems in the future. I will be grateful to the Board if this change is granted. SUPERVISOR ALBERTSON: Is there anyone present who wishes to speak in opposition to this change of zone? (There was no response.) SUPERVISOR ALBERTSON: Hearing none I will close this public hearing for the further deliberation of the Town Board. change of zone "B" Business District FORWI NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No. ~..~.2~.Q ............. Date ....... ....... aeDtemb~r...6, ............. , 1968 .... THIS CERTIFIES that the building located alN/8..,Ke, rW.:I.~..,,B,],V..d,o.&..JM~,~D..~D.&.~ ....... Street Map No..P..e...c..o...n.$~ ..... Block No ....................... Lot No..{~.[~9.~.D~N.~,...]~9..W...'k'.Q~'~.....~.g.~...~....]~]7 Bay ~.state~ conforms substantially to the Application for Building Permit heretofore filed in this office dated ......................... Jl,ml~...]..4~ ...................... , 19.60... pursuant to which Building Permit NoZ...ll09.... dated ............J..llp,9...,%.4~ ...... , 19..60.., 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 ........ ..................... ]~{;~,nesa..~u~l~l/ng...(~hol~.) ................................................................................ The certificate is issued to ........... .O..~.../:..~...o...~..~..a...c.~..a.. ............................................................................ (owner, lessee or tenant) of the aforesaid building. FORM NO, ~ TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE · SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) 1109' Z Permission is hereby granted to: Ou~do C~ae~a Kerwtn Blvd ......................... I~ e.enpor.t .................................. to ...B....u~..~..d......aB.....~J..d. ~ .~,[~..(;a.. ~...eXl ~.~n g.. N..C ,,...b:u.s ine~.a...buil~ln& ..................... ..... .(..~.~.~9.-f.~...~..~9.~.~L...o..t....~.~. ~.~..~....-... ~ ~.9.). ................................................................. at premises located at .N/.8.....J~.e;cW;L~l..]~],.T.d.~...~.ec.ord, c...~...Es.t,a~.es...1D. L12?. ................ ......................................................... ..C:.~.~.~.T.?. ~.~ ~......~.:..z.... ................................................................. pursuant to application dated ............................... .~...tz~....e.......]:~ .............. 19..~..0..., and approved by the Building Inspector ' Buil~'ng Inspe~to~ / FORM NO. I :<amined ...... ~...I...~. ........ , 91~roved .................................... , TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE $OUTHOLD, N.Y. isapproved a/c ........... ~ ........... .......................... ............................ APPLICATION FOR BUILDING PERMIT INSTRUCTIONS o This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building specter. b Plot plan showing location of lot and of buildings on premises, rclationship to adjoining premises ar public streets amos, and giving a detailed description of layout of property must be drown on the diagram which is part of this location c. The work covered by this application may not be commenced before issuance of Building Permit. d Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant Such :rn~it shall be kept on the premises available for inspection throughout the progress of the work. e No building shall be occupied or used in whole or in part for any purpose whatever until o Certificate of Occupancy :all have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the ~ilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Lows, Ordinances or egulations, for the construction of buildings, additions or alterations, or for removal o,' demolition as herein described. he applicont agrees to comply with all applicable laws, ordinances and regulations. F ~ , ~,. ~ ~q., ~ ~ ,. (Signature of applicant, or name, if o corporation) '' :.;.....'...L.:.; ......... ~.../...: .................. ~ ...... '....:..;:..~ f ~ ~,,~-,~ , ,. (Address of applicant) tote whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ......................................... ............................................................................................................................ ~n/e of owner of premises ........ :~ ..................................... :.: ............................................................................................... f applicant is a corporate, signature of duly authorized officer· (Nome and title of corporate officer) I. Lactation of land on which proposed work will be done. Map Nu' ~ ...... ~ ' ~' +4 Lot No:....!../...~ ....... Street and Number .; ...................................................... ,; ................................................ : ........ .¥ ............ ~. ...... ~,,, ........ Municipality State existing use and occupancy of premises and intended use and occupancy of p~oposed construction: b. Intended use and occupancy ......................................................................... ~ ....................... ...M>~ ....................... 4. '~O0 ~-- '': .................. Repair ............... ~'" Re,,m°val '~t.~ ............... Demolition .............. Estimated Cost .....%.'. ................................................... Fee ..~'~ .......................... (to be paid on filing this application) 5. If dwelling, number of dwelling units .......................... Number of dwelling units on each floor .................................. If garage, number of cars ............................................................................................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ............................... 7. Dimensions of existing structures, if any: Front ....... .~.'.i..~.Z ............ Rear ........ (.I..!~ ............. Depth ..2./:.'. ..................... Height Number of Stories Dimensions of same structure with alterations or additions: Front ................................ Rear ................................ Depth ................................ Height ............................... Number of Stories ................................ 8 Dimensions of entire new construction: Front ........ ~?4..f~ ........... Rear ...... f.~.'~. ............. Depth ....(.? ................ Height ............................ Number of Stories ......~.~.~ ............ 9. Size of lot: Front ............................ Rear ............................ Depth ............................ 10. Date of Purchase ........................................................ Name of Former Owner ........... 7 ........................ ,"' .......... ...... ] i. Zone or use district in which premises are Sltuated.....,/.~.. ........................................ 12. .Does proposed construction violate any zoning law, ordinance or regulation? ......... ~'i'...'..~ ...................................... 13. Name of Owner of premises...:~.~Q'..%'~...~...~it~.~..:T.....Address .......................................... Phone NO .................... Name of Architect ....................'.i ................ i~ ............ Address .......................................... Phone NO ..................... Name of Contractor .................... L...'. ............. ' .............. Address .......................................... Phone NO .................... PLOT DIAGRAM Locote clearly and distinctly alt buildings, whether existing or proposed, and indicate all set-back dimensions from :roperty lines. Give street and block numbers or description according to deed, and show street names and indicate -hether interior or corner lot. )TATE OF NEW, YORK t¢ ) _aUNTY OF '":")'"'J"b ............. ) S.S. ........................................ ~. ............. ...................... ~ ............... being duly sworn, deposes and says that he is the appJicont (Name of individual signing application) hove named. He is the (Contractor, agent, corporate officer, etc.) ;~ said owner or owners, and is duly authorized to perform or have performed the said work and to make and tile his application; that all statements contained in this application are true to the best of his knowledge and belief; nd that the work will be performed in the manner set forth in the application filed therewith. JUDITH ~Otary ~UblJc, worn to before me this M..,~ day of . ~' -~ 19 ~ c ,,,a~c~ ~,, ~_,,.. ~,./~._ FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,, N. Y. CERTIFICATE OF EIP. P. UPANEIY No..z, 3.382 .... Date ......... December..17., ...... 1968. Tills CERTIFIES that the building located at l~.&n. Road ................. Street Map No...P.~.¢O.II$~.. Block No ............. I,ot No....Greenport,..t~e~. York ........ Bay ~.states conforms substantially Lo the Applicati,on for Building I'ermit horctofore fih~d ill Ibis office dated ..~U1.~..12~ ............ 1968. pursuant lo which Building Permit No. 3.951. dated . ..J.~.l.¥...~..2.~ ........... , 19.~1[1, was issued, m~d confornls to all of the require- ments ,of the applicable provisions of the law. The occupancy toy whi{:h lhis cm'tificale is issued is .... p~.t:V. ~..~.e., ~a.r.age.. (a.c.c,s.sol:y. buXldlng) ............................. The certificate is issued to ...Gus..Clacta ........................................... (owner, lessee or tenant) Of tile aforesaid building. Suffolk County Department of llcallb Approval ................................ // ..... .................... Building Inspector FORM NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE .SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) 3951 Z Permission is hereby granted to: .......... ~..~,...~.d.. .................................................... ...................... J~r. abz~m_-~.q~ ............................ to .~:~ ~. ~,,::.. ~ .. ~?.;$..v.~::[;.:.~...~,,cg.~,,e. .................................................................................................... ............................................................. ;;~a...'U'/~'~ ...t?S ...................................................................... at premises located at .......... ~D~~f~(~)~f~1~`;~D~`C~i~8~`~~ ........ ............................... ~.~...~.a.../:::....r., ~ ~..~.... ~ :1 v~ ............ ~.~ .~.m~.~. ~.... ~ .,. ~..,. .............................. pursuant to epplication doted .......................... .~:~. ....... .~.;~. ........... , 19...~, and approved by the Building Inspector. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. proved ....................l,' ................. , Permit APPLICATION FOR BUILDING PERMIT Date ........................................................... 19,.,..: ...... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building ]spector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or cas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this applicolion c. The work covered by this application may not be commenced before issuance of Building PermiL d Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit ~all be kept on the premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy ~oil hove been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Dep~rtment for the issuance of a Building Permit pursuant to the ~ilding Zone Ordinance of the Town of Southold, Suffolk, County, New York, and other applicable Laws, Ordinances or ~ gulotions, for the construction of buildings, additions or alterations, or for removal or demolition, os herein described. ~e applicant agrees to comply with all applicable laws, ordinances, b~ d ~g code, ~ots nq code, ~nd re(;u at OhS ( ,' > " ........... ~...~:... ·, ,-~. ~.~-~Z~.~'~.~ ............................. (Signature of applicant, or nome, if o corporation) ..... ......... (Address of applicant) ,ate whether applicant is owner, lessee, agent, architect, engineer,' general contractor, electrician, plumber or builder CIA C iA ~ame of owner of premises .............. .?. .................................................................................................................... applicant is o corporate, signature of duly authorized officer. (Name and title of corporate officer) 1 Location of land on which proposed work will be done Map No.: ........................................ Lot No.: ........................ Street and N Munici~lity 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ...................... ......................................................................... b Intended use and occupancy ................................................................ ~ ......................... ..................... 30. i2 3 Nature of work (check which apJble): New Building .................. Addi .................. Alteration .................. Repair .................. Removal .................. Demolition .................. Other Work (Describe) ........................................ Estimated Cost ............................................................ Fee .......................................................................................... (~ A/ ~:- (to be paid on filing this application) If dwelling, number of dwelling units ............................ Number of dwelling units on each floor ............................ If garage, number of cars ............................................................................................................................................ If business, commercial or mixed occupancy, specify nature and extent of each type of use ............................ Dimensions of existing structures, if any: Front ............................ Rear ................................Depth .................... Height ........................ Number of Stories ............................. ~ ......................................... , ........................................ Dimensions of same structure with alterations or addi~or~s: Front .................................... / r',~ Rear ......... :....~ ............ Depth ................................ Height ......................... ..~.¢q/u/n~oer of Stories ................................ Dimensions of entire ne~ ~ ' " . ........................... ~onstruchon: Front ...... 2../. ......................... Rear / Depth ........................ Height .................... Size of lot: Front ............................ Rear .................................... Depth ................................ Date of Purchase ........................................................ Name of Former Owner ....................................................... Zone or use district in which ~preFnis~br~ §i~oted ........ :.'...~..' ........ ].,~...'...:....:! ....................................................... Does proposed construction violate any zoning law, ordinance or regulation? .............. /.,~..L ) ................. Name of Owner of premi~s~'..~.....t:..~,.c~../.,~ ............. Address ............. :,.~..~ ...................... Phone No ..................... Name of Architect ...................................................... Address/t?:.....~..¢......;......: ......... ..~ ....... Phone No ................... Name of Contractor .................................................... Address ............................................ Phone No .................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether eM_sting or proposed, and indicate all set-back dimensions from cperty lines. Give street and block number or description according to deed, and show street names and indicate bather interior or corner lot. ':~LJ F~T¥ OF ....... ..............'C...~......)' .... / , /, ,/ ............................................................................................ being duly sworn, deposes and says that he is the applicant (~ame of individual signing application) ,ove named. He is the ........................................................................................................................................................ (Contractor, agent, corporate officer, e~c.) ~uid owner or owners, and is duty authorized to perform or have performed the said work and 1o make cncl f? ~ appJ/zation; that all statements contained in this application are true to the best of his knowledge and belief; ~t lhe work will be performed )f~xthe manner set forth in the application filed therewith. · ',om to [~ [o~re me this (~.~ ¢ / ~-~- .......... /......~... day of .......... .~..J..?~.':...:'.':.( ........... 1~ ,tnry Public, . ........................................................... County (Signature of uppliconl) · ® pIPES D T~ LD ~ Y $outhold, N.Y. 11971 (516) 765-1938 MEMORANDUM TO: Gerard. Goehringer, Chairman, Zoning Board of Appeals FROM: Planning Board ~ DATE: September 9, 1987 RE: Appeal No. 3652 Anna and Guido Ciacia The above referenced case was discussed by the Planning Board in response to your-letter of July 20th. The Planning Board feels strongly that the variance request to reduce the lot area from 20,000 square feet to 6,250 and 4,688 square feet respectively should be denied. The following reasons are offered in support of this position: Facts: 1. The property consists of a lot which does not appear to have been legally subdivided. The property incorporates land from one filed map and part of a lot from another filed map. Both maps predate the Town's Zoning Code and Map. And, the applicant purchased said property in two separate pieces in 1943 and 1947. (see attached) 2. The property is currently zoned B-Light Business. It was originally zoned"A" Residential-Agricultural. In September of 1961, the applicant petitioned for and received a change of zone to Light Business. (see attached) 3. Under the proposed Master Plan the property wJll be zoned Light Industry. 4. The site is currently in use as a residence with two detached garages (see survey). The larger of the two garages may include a workshop. The buildings have been in existance since 1960 and 1968. 5. Neither of the above uses (residence, workshop) are permitted uses under the current zoning ordinance, either as allowed uses or as special exception uses. Gerard Goehringer Page 2 9/9/87 6. Total lot area is 10,938 square feet. Proposed lot areas are 6,250 square feet and 4,688 square feet. Required lot area in light Business zone is 20,000 square feet. Required lot area in proposedLight Industry zone is 40,000 square feet. For 16 years, the applicant has enjoyed two uses, a residence and a carpentry workshop both of which are now non-conforming on a lot which is about half the required minimum lot area for the Light Business Zone. The applicant has enjoyed and can continue to enjoy a substantial benefit, that of a non- conforming residence and a business on an undersized lot within the zoning district that it is located within. Granting the variance would increase the degree of non conformity. Therefore, we would.not be in favor of this area variance.