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Home My WebLink About3656 Southold Town Board of Appeals MAIN ROAD- BTATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11g71 TELEPHONE {516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3656 Application Dated 3uly 28, 1987 TO: Gary Flanner 01sen, Esq. As Attorney for NICHOLAS IPPOLITO Main Road, Box 706 Cutchogue, NY 11935 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on October 8, 1987, 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 [x] Request for Variances to the Zoning Ordinance Article III , Section 100-31, Bulk Schedule, and Article XI, Section 100-119.2 [ ] Request for Application of NICHOLAS IPPOLITO for Variances to the Zoning Ordinance, Article III, Section 100-31, and Article XI, Section 100-119.2, for permission to construct garage addition to dwelling with an insufficient southerly sideyard setback, insuffi- cient total sideyards, insufficient setback from bulkhead along Arshamomaque Pond, and excessive lot coverage. Location of Property: 230 Carole Road, Southold, NY; County Tax Map Parcel Ho. 1000-052-02-007. WHEREAS, a public hearing was held and concluded on August 20, 1987 in the Matter of the Application of NICHOLAS IPPOLITO, under Appl. No. 3656; 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. By this application, appellant requests Variances from the Provisions of Article III, Section 100-31, and Bulk Schedule, and Article XI, Section 100-119.2, for permission to construct 12' by 25' garage addition at the south- erly side yard area with setbacks at 2~ and 3 feet from the south property line, 27± feet from the existing bulkhead (along Old Cove), and with a total lot coverage at 23.8 percent, all as more particularly shown on survey amended August 7, 1987, prepared by Roderick VanTuyl, P.C. 2. The premises in question is located along the east side of Carole Road (a private road) at Arshamomaque, Southold, contains a total lot area of 5500 sq. ft. and lot width (frontage) of 50 feet. 3. The subject premises is improved with a single-family dwelling set back a distance of 25 feet from the easterly side of Carole Road, 45 feet from the front property line (along the westerly side of Carole Road), 17± feet from the existing bulkhead, and sideyards at 7 ft. and 14½ ft. (CONTINUED ON PAGE TWO) DATED: Form ZB4 October 8, 1987. (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appl. No. 3656 Matter of NICHOLIS IPPOLITO Decision Rendered October 8, 1987 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum sideyard setback at not less than 10 ft. and 15 ft., or the established, whichever is less; total sideyards at 25 feet, or the established, whichever is less; not less than 75 feet from the bulkhead, or the established, whichever is less; lot coverage at 20% or the established. 5. The relief requested by this application are as follows: (a) existing conforming sideyard setback at the south side to be reduced to 3 ft. and 2~ ft. (at its closest point), and total sideyards at 10 feet [7~ + 2½]; (b) setback from the existing bulkhead at 27± feet [which is more than the existing established setback at 17± feet]; (c) lot coverage at 3.8% over the maximum 20% limitation, or 208 sq. ft. 6. It is noted for that record that: (a) by prior Appl. No. 2317, a conditional variance was rendered August 4, 1977 in which applicant set-off the subject parcel in question from the property to the northwest and north, now or formerly of H. Haas, and the subject structure was to be used only for single-family residential use starting January 1, 1978, and the building was to conform to the Southold Town Codes with respect to minimum floor area. (b) on October 21, 1982, a rearyard variance was granted under Appl. No. 3044 concerning "Parcel 1" [the subject parcel] for permission to construct an addition to existing single-family dwelling with a limitation of 20% lot coverage, as noted therein. (c) on August 22, 1985, a conditional variance was rendered under Appl. No. 3377 in the separation of ~e subject 5500 sq. ft. parcel from the westerly abutting parcel, "Parcel 2," now of 17,000 sq. ft., and requiring each parcel be limited to single-family dwelling use [prohibiting the reestablishment of the previously existing nonconforming motel use]. 7. It is the opinion of this Board that the preexisting circumstances of the premises and preexisting building lend to the unique difficulties created; and there is no other method feasible for appellant to pursue other than variances. 8. In passing upon this application, the Board has further determined: (a) the relief requested is not substantial in relation to the existing (as established); (b) the project as proposed will not be adverse to the safety, health, welfare, comfort, convenience, or order of the town; (c) the circumstances are not personal in nature and are directly related to the property; (d) of this variance and the use will there will not be an increase in density created by the grant since the premises contains an existing single-family dwelling not be changed; (e) the project as proposed is not out of character with the neighborhood; (f) that in view of all the above factors, the interests of justice will be served by granting the relief, as noted below. Accordingly, on motion by Mr. Douglass, seconded by Messrs. Doyen and Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3656 in the Appl. No. 3656 Matter of NICHOLAS IPPOLITO Decision Rendered October 8, 1987 Matter of the Application of NICHOLAS IPPOLITO in the proposed construction of a 12' by 25' garage addition, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Tbat two eight-foot wide overhead doors be placed on the west end and east end of the proposed garage addition, and operable at all times (in order to gain access by emergency fire vehicles from the water side); 2. That the northerly sideyard area remain open and unobstructed at ail times at the existing setback at 7½ feet and 7 feet as shown by survey amended August 7, 1987, prepared by Roderick VanTuyl, P.C. 3. That the lot coverage not exceed 23.8% as requested, which prohibits further lot coverage by new construction without a variance. 4. That the setbacks not be further reduced to less than that applied for and that the garage addition not be converted to habitable quarters (as proposed herein). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Grigonis. (Member Saw~cki was absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIP~ RECEIVED AND FILED BY THE SOUTHOLD TOWN CL~.RK Town Clerk, Town of Soutl~ol~} 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 Hal!, Main Road, Southold, New York, on THURSDAY, AUGUST 20, 1987 at the following times: 7:35 p.m. Appl. No. 3602 - MARGARET McNAMARA. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to construct wooden deck attached to existing dwelling with an insufficient setback from existing timber bulkhead and Peconic Bay. Location of Property: 640 Takaposha Road (Private Road #15), Southold, NY; County Tax Map Parcel No. 1000-87-06-10. 7:40 p.m. Appl. No. 3646 - ROBERT AND NANCY MUIR. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct additions to dwelling with an insufficient rearyard setback and insuffi- cient frontyard setback. Location of Property: Corner of Gillette Drive and Cleaves Point Road, East Marion, NY; County Tax Map Parcel No. 1000-38-2-29. 7:45 p.m. Appl. No. 3643 - EUGENE PERINO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate proposed dwelling with or without deck addition within 75 feet of nearest wetlands along the shore- line of Marion Lake~ Location of Property: West Side of private right-of-way known as "Truman's Path," East Marion, NY; County Tax Map Parcel No. 1000-31-12-16. 7:50 p.m. Appl. No. 3644 - JOSEPH REINHART, FRED WIGHTMAN, and DAVID FREY. Recessed hearing from July 16, 1987 to be reconvened. 8:00 p.m. Appl. No. 3647 JOHN AND JOAN WETZEL. Variance to the Zoning Ordinance, Article III, Section lO0-31 and Article XI, Section 100-119.2, to construct additions to dwelling with reduc- tions in the sideyard, -and to construct addition landward of existing dwelling structure 70± feet from the nearest wetland edge or highwater mark along Eugene Creek. Location of Property: 4635 Pequash Avenue (Fleetwood Road), Cutchogue, NY; Fleetwood Cove Lot No. 12; County Tax Map Parcel No. 1000-137-04-006. Page 2 Notice of Hearings Regular Meeting - August 20, 1987 Scut'hold Town Board of Appeals 8:05 p.m. Appl. No. 3648 FERUCIO FRANKOLA. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct swimmingpool, deck and fence enclosure within 75 feet of wetland area along West Creek. Location of Property: 1900 Glenn Road, Southold, NY; West Creek Estates Lot No. 19; County Tax Map Parcel No. 1000-78-02-36. 8:10 p.m. Appl. No. 3655 - ELLEN HOPE DeMARIA. Variance from Condition No. 1 rendered July 8, 1965 under Appeal No. 785, and Article III, Section 100-32, for approval of the construc- tion of accessory storage shed in frontyard area as shown on survey prepared by Roderick VanTuyl, P.C. April 9, 1984. Location of Property: West Side of Private Road (We§t View Drive), Orient, NY; County Tax Map Parcel No. 1000-13-3-3. 8:15 p.m. Appl. No. 3656 - NICHOLAS IPPOLITO. Variances~ ~to the Zoning Ordinance, Article III, Section 100-31, and ~Article XI, Section 100-119.2, for permission to construct / ~garage addition to dwelling with an insufficient southerly sideyard setback, insufficient total sideyards, insufficient /setback from bulkhead ialong Arshamomaque Pond, and excessive \ /lot coverage. -Location of Property: 230 Carole Road, Southold, ~NY; County Tax. Map Parcel No. 1000-052-02-007-. 8:30 p.m. Appl. No. 3653 - NORTH ROAD ASSOCIATES. Variance pursuant to- New York Town Law, Section 280-a, for approval of access over p'rivate right-of-way extending 170 feet from the north side- of Main Road, Orient, NY; County Tax Map Parcels No. 1000-18-4-1.3 and 2. 8:40 p.m. Appl. No. 3592 - BENTE SNELLENBURG. Hearing recessed from July t6, 1987. 8:50 p.m. Appl. No. 3654 - WILLIAM MOORE, ESQ. and BENJAMIN HERZWEIG, ESQ. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to establish "building envelope" with setbacks of not less than 38 feet from nearest wetland along existing two-foot contour and not less than 30 feet from the front property line (as approved under Appl. No. 3412 June 30, 1987). Location of Property: 675 Meadow Lane, Mattituck, NY; Mattituck Estates Lot No. 42; County Tax Map Parcel No. 1000~115-5-7. 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 will not start before Page 3 Notice of Hearings Regular Meeting - August 20, 1987 Southold Town Board of Appeals the time allotted. Written comments may to the conclusion of the subject hearing. please call 765-1809. be submitted prior For more information, Dated: July 27, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P~ GOEHRINGER, CHAIRMAN Linda Kowa!ski, Board Secretary Notice to Newspapers: Please publish once, to wit: and forward two affidavits of publication to: Board of Appeals,.Main Road, Southold, NY 11971. August 6th FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL To . . . .oh. ?/, . , rr . .e.,,~.~~...o..~... }'LEASE TAKE NOTICE that your application for t emfit to construct...~..~.q.,M~....~.~ .............................. Locat on of Property .. ~.~.....e.~....~.. ..... .~.~& ............. County Tax Map No. 1000 Section . ,-..q~..~.~..,~.... Block ..... O..~. ..... Lot . ."~.¥. ~4 ..... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .[~,.¢ ~,. ~,~..~/~ 7. ~1 ~, .~ ~t:~ .~. ~.~.~.~t~l:.. ~..~&..~. ...... Budding Inspector TOWN OF $OUTHOLD, NEW YORK APPEAL NO. ''~ ('' '~ ~' DATE .............................. J~.~I~I~cI~TC)M DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. .... ............................of ...................................... Name of Appellant Street and Number Commack ....... N..e.~...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 ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Nome of Applicant for permit of 39 .,G.,e. ,h..r..i..n..g,...S..t. ?..e. ,e. ?..: ........................ C..o...r~...a..c..k. ........................ .N, .e..w... ,Y. ,o, ?, ,k. .................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY VARIANCE 1. LOCATION OF THE PROPERTY ~.2.~.~.~.C..a..r.p.L~..~.R.~.~¢.*~.g~.~hp..1..q~`~.N.~w.~.Y.~..r..k./.R..e..s.~[~:;~i~[~:Agr ~cultu Street /Hamlet / Use District on Zoning Map ra! District 1000 Section 52Block2 Lot7 & ~..1 .... ~ ................................................................................... ur~:.~ Owner Nicholas Ippolito Mop No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100,31 and Article XI Section 119.2 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( X A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4, PREVIOUS APPEAL A previous appeal (f~) (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 ................................. Doted ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X ) A Variance to the Zoning Ordinance ( ) is re-uested for the reason that applicant seeks to construct a garage addition requiring si~ yard set back variance, a lot coverage variance and building within 75~f~eet of water on premises shown on survey of Roderick Van Tuyl amended 4/12/85. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becau~ applicant seeks to construct a garage addition to existing dwelling. The subject lot is onty 50 feet wide, and contains 5,500 square feet. The proposed garage addition woutd be tocated three fee~from the southerly boundary line and,~accordingly, a side yard variance ts required. The existing house, which pre-exists zoning, together with the proposed garage addition exceeds the 20% tot coverage requirements permitted by the Southotd Town Zoning Code by approximately 180 square feet, thus requiring a coverage variance. The subject premises is butkheaded but because the subject property is within 75 feet of "01d " ' · Cove , ~ waiver was obtained from ~eSo'u~hol~'~rust~A.~nles,~the variances are granted, the applicant Would be unable ~o cons~ruc~ one a~on, ~nus crea~ng a practtcte difficulty and unnecessary hardship to applicant. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the subject premises, tike other tots tn the neighborhood, is small (i.e.: 50 feet wide and approximately 106 feet tong)., This community was developed prior to the zoning~aBd~e~ie~]is required from the present zoning code in order to construct the garage addition. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTEROF THE DISTRICT because this community in which this 9arce] exists pre-exists zoning and granting of the requested variances from the zoning code requirements would no way change the character of the neighborhood. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS NichoJa~ Sworn to this ........ ~.6LL~ .............................. day of ...... June .......................................... 19 87 LAND TOWN OF STREET IMP. SOUTHOLD TOTAL PROPERTY RECORD CARD VILLAGE DIST. DATE COUNTY TAX MAP NO. STREET VIL~GE FO...,,E~, OWNER · q ,,,//C./d .~., ,,.~ RES. !SEAS. I VL.' AGE LAND I IMP. /3 ~ NEW FARM Farm . Tillable 1 Tilloble 2 DISTRICT SUB. ACREAGE TYPE OF BUILDING CB. t MISC. TOTAL DATE i REMARKS BU!LDING CONDITION B E LOW A B OVE Value NORMAL Acre Vc,'.ue Per Acre Ti!lable 3 V4codland S¥,'ampland ~rushlend House Plot Total DEPARTMENT OF PLANNING ;~?'Y ~OF 'SUFFOLK ~VIICHAEL A. LOGRANDE SUFFOLK COUNTY £X£CUTIV£ 360-5206 October 28, 1987 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Npmber(s) Margaret McNamara John & Joan Wetzel William Moore & Benjamin Herzweig ~Nicholas Ippolito Paul & Corrine Ferdenzi 3602 3647 3654 3656 3658 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAOPPAUGE, L,I, NEW YORK 11788 Southold Town Board of Appeals MAIN RnAD- BTATE RnAD 25 SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS {- GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI 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 ZZI, Section 100-31 Bulk Sche¢ Article ~Ij Se~tion.~00-~19.2 . Variance from Determination of Southola town uuildlng ~nspec~or Special Exception, Article , Section Special Permit Appeal No.: 3656 Location County Within Applicant: Nicholas Ippolito XX State or County Road, Boundary of Existing or Boundary of Existing or Other Recreation Area of Affected Land: 230 Carole Road, Southold, NY Tax Map Item No.: 1000- 52-02-07 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) Parkway, Highway, Thruway Proposed County, State or Federally Owned La Proposed County, State or Federal Park or or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct qaraqe additior to dwellinq with insufficient southerly sldeyd, setban~: ~n~ff~n~n~ sideyards and insufficient setback from bulkh.e__ad. Copies of Town file and related documents enclosed for your review. Dated: October 22, 1987 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOERRiNGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI October 17, 1987 Gary Flanner Olsen, Esq. Main Road, Box 706 Cutchogue, NY 11935 Re: Appl. No. 3656 Nicholas Ippolito (Variances) Dear Gary: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, GERARD P. CHAIRMAN Enclosure Copy of Decision to: Building Department By Linda Suffolk County Planning Commission GOEHRINGER Kowalski TRANSCRIPT.OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, AUGUST 20, 1987 .Appl.-No, 3656 Applicant(s): NICHOLAS IPPOLITO Location of Property: 230 Carole Road, County Tax_ Map ID No. 1000- - Southold Board Members present were: Chairman Goehringer P. Members: Grigonis, Douglass, Doyen and Sawicki. Goehringer, Absent was: (None). Also present were: Victor Lessard (Building Dept.) Linda Kowalski, Z.B.A. Secretary, and approximately 25 persons in the audience. The Chairman opened the hearing at 8:26 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey, it's mentioned in the file as admitted April 12, 1985 indicating; an existing house of approximately 28 by 36, approximately 25 feet from Carole Road and the proposed addition which in this particular case is a garage. It appears to be approximately 12 by 25. And I have a copy of the Suf- folk County Tax Map indicating this and surrounding properties in the area. Would you like to be heard Mr. Olsen. MR. OLSEN: Yes. My name is Gary Olsen. I'm an attorney having my offices at Main Road in Cutchogue and I represent the applicantl Mr. Nicholas Ippolito. Mr. Ippolito wants to do is what a normal average person would want to do today and that's have a garage to keep his car and a place to store garden equipment and so on and a lawnmower. Unfortunately, he's faced with a practical difficulty in that his property is a very small piece. It's only 55 hundred square feet. It's 50 feet wide. I drove down to look at the property tonight and I noticed that the character of the neighborhood is chan~ing. It's changing from a summer residential area to basically a year around area. I also noticed that a majority of the houses already do have garages. And-those houses that don't have garages, obviously are faced with a constraint problems of the size of their lots and that they're all basically the size of Mr. Ippolito's. And[the way that they get the storage area is that they built sheds and so on along the sides of their house that encroach very close to their property line. This whole area was developed prior to zoning. And to apPly today's zoning requirements, it does create practical difficulty and unnecessary hardship. And as you are aware, the purpose of the Zoning Board is to grant variances from this and your code says that when there are practical difficulties or unnecessary hardships, the way of carrying out-the strict letter of th~se regulations, Board of Pag~ 2 - August 20, iX Public Hearing - Nich~ Ippolito Southold Town Board of Appeals MR. oLsEN (continued): Appeals will have the power to vary or modify the application with such regulations so that the spirit of'the-~hapter shall be observed, public welfare and safety secured and substantial justice done. I don't think that the application before you, in any way, would go against the spirit of the ordinance and also it would be in keeping with the very purpose of why we have a Zoning Board of Appeals. have a few exhibits that I would like to submit. Just to give you a general idea of the character of the neighborhood, I've made photo- copies of the Suffolk County Tax Map and I've outlined the subject parcel in red ink so that you can see that this piece is inl-keeping within the size and shape of the others in the n~ighborhood. CHAIRMAN GOEHRINGER: Thank you. MR. OLSEN: A~ I indicated to you in my application, ~we also submit- ted an application to the Southold Town Trustees because this proper- ty is on Oshmomik Pond and the water is on 'the east ~ide of the proper- ty. I obtained a letter from the Trustees dated April 30, 1987. I will just read part of it to you. Resolved, that Gary Olsen, on be- half of Nicholas Ippolito, be and is hereby granted a waiver of the wetlands ordinance as requested, to construct a garage ~ddition with- in 75 of all total. The p~operty is located at 230 Carole Avenue in Southold. Also, the letter goes. on to say that the project,as proposed, will not effect the health, safety.and general welfare of the people of the town. The garage addition that's proposed would be on the south side of the property. And i received in today's mail, a sketch from Mr. Ippolito showing that the configurations of the proposed garage on to the existing house. The garage will be 12 feet wide and 25 feet deep.. The entrance of the garage will be on the west side of the proper- ty or the west side of the garage. And although his sketch does not show it, I asked him ~whether he would putting a door which I under- stand the Trustees normally in situations like this, look for on the opposite end from the entrance of the garage. He~ said~that th~e would be a door on the east side of the garage so that there would be an en- trance and an exit. ~The door on the east side would.obviously just be for pedestrian use. You have before you, in your file, a survey that I had VanTuyl prepare, showing the area that is presently cove~ed and the area that would be covered by the garage if the variance was granted. Right now the lot is 55 hundred square feet. 'Under the present Zoning requirements, we're permitted to build up to 20% of the lot which would be 11 hundred square feet. The house and the garag~ would cover 23.8% of the property. Or we're looking for a variance of 3.8%. I think in my application ,I said we would be over by 108 feet. Actually it's 2Q8 feet. And I'm looking at VanTuyl's survey that was submitted to the Board after my survey was submitted, the sideyard variance that we would need on the south ~ide would be 2½ feet and not 3 feet at one corner and 3 feet at the other corner. CH%IRMAN GOEHRINGER: So now it's 208 feet over. Page 3 - August 20, ~7 P~blicHearing - Nic~as Ippolito Southold Town Board of Appeals MR. OLSEN: We would be over by 208 feet. The side of the garage hasn't changed. I'm basing it on the eiact figures that I received from Mr. VanTuyl. Some of the criteria, in reading the case law in granting area variances, first of all, we ~ust have to show a prac- tical difficulty. I think in this day and age, I think most people do want garages. And I understand in talking to one of the neighbors that there are other people that also may be interested in having ga- rages built if they don't have them already. Some of the considera-' tions that the cases raised for a Board to consider is how substantial a variance is in relation to requirements, the effect of the variances if allowed. As to the increased population, there's really not going..~ to be any increased population by granting of the variance. Whether a substantial change will be produced in the character of the neigh- borhood. I think if you go down there and look at it, I'm sure you probably have, Mr. Ippolito is going to be ba§ically doing what every- body else has done down there. Whether the difficulty can be obgiated by some other method other than a variance. Well, there is no other method other than coming before the Board. And whether the interest of justice would be served by the allowing of the variance. And I respectfully submit that it would be. CHAIRMAN GOEHRINGER: Before you sit down Mr. Olsen, we have granted at least two applicants in this area for a garage. And we have been a little stricter than the Trustees. And basically what ~e have said is; that we not only want to see a garage door on the roadside, we want to see a garage door on the opposite side. We don't care if it is an overhead garage door but we want the door to open the same size as the door on the road side. And the purpose of that is of course 'for emergency equipment and also for the purpose of working on the bulkhead or any other reason to get to the bulkhead area. And that has been the only stipulation in granting these applications. Do you have any objection to that? MR. OLSEN: I know Mr. Ippolito wants the garage bad enough that he would agree to that. CHAIRMAN GOEHRINGER: And we also would ask for no fu-rther reduction of ah~ sid~yards after this if the Board so granted this. MR. OLSEN: There would be no problem with that. CHAIRMAN GOEHRINGER: And that it only be used for storage purposes and so.on and so forth. MR. OLSEN: Fine. It wouldl.not be for residential purposes. CHAIRMAN GOEHRINGER: Ok. We thank you very much sir. Is there any- body else who would like to speak in favor of this application? Any- body like to speak against this application? Questions from Board members? Hearing no further questions, I'll make a motion closing the hea~ing and reserving decision until later. Ail in favor - AYE. GARY F'LANNER OLSEN COUNSELLOR AT LAW P, O. BOX 706 · MAIN ROAD · CUTCHOGUE, LONG ISLAND. NEW YORK 1~935 · PHONE 516 734-7666 August 12, 1987 Re: Nicholas [pp01ito File #3997 Gentlemen: Enclosed please find a copy of a newly-amended survey for Mr. Ippolito showing setbacks. Very truly yburs, GFO:afp Enclosure Southold Town Board of Appeals Main Road Southold, New York 11971 ER DLSEN ~ Page 4 Notice August List of Mailing of Hearings 20, 1987 ZBA Regular Meeting Copies to: Suffolk Times L.I. Traveler-Watchman Town Clerk Bulletin Board J. Kevin McLaughlin, Esq. for McNamara Mr. and Mrs. Robert Muir, 14 Robin Road, Dix Hills, NY 11746 Mr. and Mrs. Eugene Perino, 132 Bayview Avenue, East Islip, NY Mr. and Mrs. John Wetzel 11730 Mr. Ferucio F~ankola, P~O. Box 630, Southold, NY 11971 Mr. Ferucio ~ranko]a, 901 138th Place, Malba, NY 11357 Mrs. Ellen H' DeMarial06 Vineyard Place, Port Jefferson, NY 11777 Gary Flanner Olsen, Esq. for N. Ippolito Mr. and Mrs. Joseph Smulcheski, Carole Road, Southold, NY 11971 Patricia C. Moore, Esq. for North Road Associates Mr. Edward Linker, Box 791, Orient, NY 11957 phi~.lMrS. Joseph Snellenburg Cardinale, Esq. d Dean William D. Moore, Esq. ZBA Members by mail Individual ZBA files ZBA Office Bulletin Building Department Planning Board Board Administrator Supervisor F.J. Murphy V. Lessard IUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3656 , application of Nicholas Ippolito for a variance. Also included in notification to adjacent property 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. Judith T. Terry Southold Town Clerk Southold, N.Y. 11971 (516) 765-1938 January 15,1986 Mr. Gary Flanner Olsen Attorney at Law Main Road Cutchogue, NY 11935 Re: Nick Ippolito Dear Mr. Olsen: Please let this confirm the actions taken by the Southold Town Planning Board, MOnday, January 13, 1986. RESOLVED that the Southold Town Planning Board rescind the resolution of Octgber 7, 1985 regarding the set-off of Nick Ippolito located at Southold. RESOLVED that the Southold Town Planning Board approve the set-off of Nick Ippolito located at Southold, 2 lots on 22,500 square feet, survey dated as amended April 12, 1985; subject to the fo]lowing conditions: 6. 1. Approval on the water and sewer pursuant to Article Since the homes are currenlty served by the Village of Greenport, would you please submit correspondence from the Village indicating this for our files. If you have any questions, please don't hesitate to contact our office. Very ~ lly yours, BENNETT ORLOWSKI, JR., CHAIRMA~C~--~ SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS August 20, 1987 GERARD P. GOEHRINGER, CHAIRMAN S . E . Q . R. A . CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NECAT!VE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS .JOSEPH H. SAWlCKI Notice of Determination of Non-Siqnificance APPEAL NO.: 3656 PROJECT NAME: NICHOLAS IPPOLITO This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. 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: [ ] Type II ~] Unlisted [ ] DESCRIPTION OF ACTION:Construct garage addition to dwelling with insufficient southerly sideyard setback, insufficient total sideyards, insufficient setback from bulkhead and excessive lot coverage LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 230 Carole Road, Southold,_ NY 1000-52-2-7 REASON(S) SUPPORTING THIS~DETERS~INATION: (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) Information has been submitted by applicant or his agent indi- cating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals, Town ~all, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. (3) Separating the project in question from the waterfront or tidal area is other construction and/or a bulkhead in good condition. mc Southoid Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLO, L.I., N.Y. 11g'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .JR. ROBERT J. DOUGL.ASS JOSEPH H. $AWICKI June 22, 1987 Gary Flanner Olsen, Main Road, Box 706 Cutchogue, NY 11935 Esq. Re: Application of Nicholas Ippolito Dear Gary: In reviewing letter, we find the package lacking the following: ~¢~'/¢~1. Notice of Disapproval of the Building Inspector; ~,~/~/~-2. Square footage and percentage of all ~i~ttn~ structures; ~/~/~' 3. Square footage and ~roposed structure; ~Setbacks for: (a) yar'~-Ff~F~,{c) total sideyards, ~c.l/~t/~, ~ 5. New questionnaire (attached for your completion); .~x~.~ 6. Rough sketch of building plan of addition (height, In the event the above documents'are not received by the documents submitted with your June 16th lot coverage of percentage of lot coverage of north side yard, {b) south side as p[oposed and existing; etc. ). July 6th, the application will be returned due to incompletion. Please don't hesitate to call if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda Kowalski HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 April 30, 1987 TELEPHONE (516) 765-1892 Mr. Gary Flanner Olsen~ Esq. P. O. Box 706 Main Road Cutchogue, New York 11935 Re: Nicholas Ippolito - Waiver request Dear Mr. Olsen: The following action was taken by the Board of Trustees during their regular meeting held on April 29, 1987 regarding the avbove matter. WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board considered all the documentation submitted concerning this request, and WHEREAS, the Board made the following findings of fact: 1. By this request appellant requests permission to construct a garage addition within 75 ft. of "Old Cove." 2. Property is identified on the Suffolk County Tax Map as:1000-052-02-7&ll, and also known as: 230 Carole Road, Southold. 3. The project as proposed will not affect the health, safety and general welfare of the people of the Town. NOW, THEREFORE, BE IT RESOLVED that Gary Flanner Olsen, Esq. on behalf of Nicholas Ippolito BE AND HEREBY IS GRANTED A WAIVER OF THE WETLAND ORDINANCE AS REQUESTED to construct a garage addition within 75 ft. of "old Cove." Property is located at 230 Carole Road, Southold. In considering this determination, please be advised that this is not a decision for any other Dept. that may have jurisdiction in this matter. Please return to the Building Dept. for a determination on the need of any ther town permits that may be required for this project. Board of Trustees - Page 2. Gary Flanner Olsen, Esq. on behalf of Nicholas Ippolito Should you have any questions or concerns, please don't hesitate to contact this office at the telephone number listed above. Please remit the $25.00 fee for this waiver request at this time. HPS: ip cc: Bldg. Dept. Board of Appeals C.A.C. Trustees file Very truly yours, Board of Town Trustees .Legal N tices NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 257 of the Town Law and the Code of the Town of Seuthold, the follow- ' ing hearings will be held by the SOUTHOLD TOWN BOARD OF APPEAI~ at a Regular Meeting at the Southold Town Hall, Main Read, Seuthold, New 'York, on THURSDAY, AU- GUST 20, 1987 at the following times: 7:35 p.m. AppL No. 3602 - MARGARET McNAMARA. Variance to the Zoning Ordi- nance, Article XI, Section 100- 119.2lB) for permission to con- struct wooden deck attached to existing dwelling with an insuf- ficient setback from existing timber bulkhead and Peconic Bay. Location of Property: 640 Takaposha Read (Private Read #15),.seuthold, NY; County Tax Map Parcel No. 1000-87-06-10. 7:40 p.m. Appl. No. 3646 - ROBERT AND NANCY MUIR, Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for per- mission to construct additions to dwelling with an insufficier/t. rearyard setback and insuffi- cient frontyard setback. Loca- tion of Property: Corner of Gil- lette Drive and Cleaves Point Read, East Marion, NY; County Tax Map Parcel No. 1000-38-2- 29. 7:45 p.m. Appl. No. 3643 - EUGENE PERINO. Variance to the Zoning Ordinance, Artic]e XI, Section 100-119.2 for permis- sion Lo locate proposed dwelling with or without deck addition within 75 feet of nearest wet- lands along the shoreline of Marion Lake. Location of Prop* arty: West Side of private right- of-way known as "Truman's Path," East Marion, NY; County Tax Map Parcel No. 1000-31-12- 16. 7:50 p.m. Appl. No, 3644 - JOSEPH REINHART, FRED WIGHTMAN, and DAVID FREY. Recessed hearing from July 16, 1987 to be recow;ened. 8:00 p.m. AppL No. 3647 - JOHN AND JOAN WETZEL. Variance to the Zoning Ordi- nance, Article I[I, Section 100- 31 and Article XI, Section 100- 119.2, to construct additions to dwelling with reductions in the sideyard, and to construct addi- tion landward of existing dwell- ing structure 70-+ feet from the nearest wetland edge or highwa- ter mark along Eugene Creek. Location of Property: 4635 f Pequash Avenue (Fleetwood J RoadL Cutchogue, NY; Fleet- wnod Cove Lot No. 12; County Tax Map Parcel No. 1000-137- 04-00g ance to the Zoning Ordinance, Ar~jljL XI, Section 100-119.2 for p~ion to construct swim- rain. peel, deck and fence enclo- area along West Creek. Location of property: 1900 Glenn Road, Seuthold, NY; We~t Creek Es- Map Parcel No. 1000-78-02-36. ELLEN HOPE DeMARIA. rendered July 8, 1965 under Ap- peal No. 785, and Article Ill, Section 100-32, for approval of Roderick VanTuyl, P.C. April 9, Side of Private Road (West View STATE OFNEWYORK I ) SS: COUNTY OF SUFFOLK ) Drive), Orient, NY; County Tax weeks successively, commencing on the . MapParcel No. 1000-13-3-3. , ~, AUgUSt 198 7 ~'~8:15 p.m. Appl. No, 3656 ~ aeyu. ............ NICHOLAS IPPOLITO. Vari- Article III, Section 100-31, and Article XI, Section 100-119.2, for permission to construct garage .a,d. dition to dwelling with an in- sufficient southerly sideyard set- Gerry P~gliaro .... of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published et Greenport. in the Town of Southold, County of Suffolk and State of New York, end that the Notice of which the annexed is e printed copy, has been regularly publisl~ed in said Newspaper once each week for ~_ _. back, insufficient total sideyards, insufficient setback from bulkhead along Ar- shamomaque Pond, and exces- sive lot coverage. Location of Property: 230 Carole Road, Seuthold~ NY; County Tax Map Parcel No. 1000-052-02-007. -- 8:30 p.m. Appl. No. 3653 NORTH ROAD AS- SOCIATES. Variance pursuant Lo New York Town Law, Section 280-a, for approval of access over private right-of-way extending 170 feet from the north side of Main Read, Orient, NY; County Tax Map Parcels No. 1000-18-4- 1.3 and 2. 8:40 p.m. Appl. No. 3592 - BENTE SNELLENBURG. Hearing recessed from July 16, 1987. 8:50 p.m. AppL No. 3654 - WILLIAM MOORE, ESQ. and BENJAMIN HERZWEIG, ESQ. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to es- tallish "building envelope" with ' setbacks of not less than 38 feet from nearest wetland along existing two-foot contour and not less than 30 feet from the front property line (as approved under Appl. No. 3412 June 30, 1987). Location of Property: 675 Meadow Lane, Mattituck, NY; Mattituck Estates Lot No. 42; County Tax Map Parcel No, 1000-115-5-7. The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above matters. Each hearing will not start before the time al- lotted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more info~¥nation, please call 765-1809. d: July 27, 1987. BY ORI)ER OF THE SOUTHOLD TOWN L~)A RI) 'Sworn to.tfefor~G.m, this ~/2~. ~~ Suffolk Cou~ty No 48~9860~ NOTICE ,IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law a~ifl the Code of the Town of following hearings I~ by the SOUTHOEO TOWN at~ a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY~ AUGUST 20, 19~7, at the following times: 7:35 p.m. Appl. No. 3602- MARGARET McNAMARA. Variance to the Zoning Or- dinance, Article XI, Section 100-119.2(B) for permission to construct wooden deck attach- ed io existing dwelling with an~' insufficient setback from ex- isting timber bulkhead and Peconic Bay. Location of Pro- perty: 640 Takaposha Road (Private Road No. 15), Southold, NY; County Tax Map Parcel No. 1000-87-06-10. 7:40 p.m. Appl. No. 3646- RO MUIR. Variances to the Zoning Ordinance, Article 111, Section 100-31, Bulk Schedule, for per- mission to construct additions to dwelling with an insufficient rearyard setback and insuffi- cient frontyard setback. Loca- tion of Property: Corner of Gillette Drive and Cleaves Point Road, East Marion NY; Coun- ty Tax Map Parcel No./ 1000-38-2-29. 7:45 p.m. Appl. No. 3643- EUGENE PERINO. Variance to the Zoning Ordinance, Arti- cle XI, Section 100-119.2 for per- mission to locate proposed dwelling with or without deck addition within 75 feet of nearest wetlands along the shoreline of Marion Lake Loca- tion of Property: West Side of private right-of-way known as "Truman's Path;' East Marion, NY; County 'lb.x Map Parcel No. 1000-31-12-16. 7:50 p.m. Alibi. No. 3644, JOSEPH REINHARTt FRED WIGHTMAN~ AND DAVID FRay. Recessed hearing from July 16, 1987 to be reconvened/ 8:00 p.m. Appl. No. 3647- OHN AND JOAN WETZEL. Variance to the Zo~- dinance, Article 111, Section 100-31 and Article XI, Section 100-119.2 to construct additions to dwelling with reductions in the sideyard, and to construct addition landward of existing dwelling structure 70+ feet from the nearest wetland ~lge or highwater mark along Eugene Creek. Location of Property: 4635 Paquash Avenue (Fleet- wood Road), Cutchogue, NY; Fleetwood Cove Lot No. 12; County Tax Map Parcel No. 1000-137-04-006. FERUdlO ~rumce, XI, Section Article n~lBO-119.2 for permission to con- ss: struct swimmingpool, deck and fence enclosure within 75 feet of wetland area along West Creek. Location of Property: 1900 Glenn Road, Southold, NY; West Creek Estates Lot No. 19; County 'Fax Map Parcel No. :~uly sworn, says that she is the LAND TRAVELER-WATCHMAN, d at Southold, in Suffolk County; NICHOLAS IPPOLITO. Variances to the Zoning Or- dinance, Article 111, Section 100-31, and Article XI, Section 100-119.2, for permission to con- struct garage addition to dwell- ing with an insufficient souther- ly sideyard setback, insufficient total sideyards, insufficient set- back from bulkhead along Ar- .......... O': ........ day of shamomaque Pond, and ex- a'y Public cessive lot coverage. Location of ~ Property: 230 Carole Roadl'0 ~AkEARA Southold, NY; County Tax Map ~r.~ ~_~Parcel No. 1000-052-02-007. .~'.. N . ,~:~c 8:30 p.m. Appl. No. 3653- ~!M[hcd in NORTH ROAD ASSOCIATES. m:s Variance pursuant to New York Town Law, Section 280-a, for approval of access over private right-of-way extending 170 feet from the north side of Main Road, Orient, NY; County Tax Map Parcels No. 1000-18-4-1.3 and 2. 8:40 p.m. Appl. No. 3592- BENTE SNELLENBURG . Hearing recessed from Jul~,:16, 1987. 8:50 p.m. Appl. No. 3654- WILLIAM MOORE, ESQ. and BENJAMIN HERZWEIG, . ESQ, Variance to the Zoning~f Ordinance, Article. XI, Section 100-119.2 for permission to establish "building envelope" with setbacks of not less than 38 feet from nearest wetland along existing two-foot contour and not less than 30 feet from the front property line (as approv- ed under Appl. No. 3412 June 30, 1987). Location of Proper- ty: 675 Meadow Lane, Mat- tituck, NY; Mattituck Estates Lot No. 42; County 'l~x Map Parcel No.~.1000:115-5-7. Th~ Board of:Appeals will :ar at said time and place all l',ersons or representatives desir- lng to be heard in each ~f the 1000-78-02-36. 8:10 p.m. Appl. No. 3655- ich the annexed is a printed copy, ELLEN HOPE DeMARIA. d Long Island ]raveler-Watchman Variance from Condition No. I ~ w e e k s rendered July 8, 1965 under Ap- ' .................. peal No. 785, and Article 111, Section 100-32, for approval of on the the construction of accessory storage shed in frontyard area as f. shown on survey prepared byr...., 19. ?. Roderick Van'Ihyl, P.C. April 9, 1984. Location of Property: .... / West Sideof Private Road (West ~: ..':..~ ..... -(Z~ ,,~ ..:~.-?.7 View Drive), Orient, NY; Coun- ty Tax Map Parcel No. 1000-13-3-3. /'"'8:15 p.m. Appl. No. 3656-~ ~' APPEALS BOARD MEMBERS CERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board o£Appeals MAIN ROAD- C~TATE ROAD 25 SnUTHDLD, l.l., N.Y. 119'71 TELEPHONE (516) 765-1809 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 the're are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted tn the Legal Notice. If you have any questions, please feel free to call our office, 765-1809. Yours_ very G~RA~D P. 'G~'EHR~NG-~_R CHAIRMAN Enclosure Linda .Kowalski Secretary and Board Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : : Nichnla~ Tpp01 ito : to the Board of Appeals of the Town of Southold : TO: Mr. and Mrs. Achilles Stachtiares Jankowski Moor Manfred Kuerner Jean Leonard Mr. and Mrs. Frederick Hribok Mr. and Mrs. Joseph Smul~heski Mr. and Mrs. Edwin Stewart Solar Symmetry Inc. YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ~v~C~)~X~)~K~ (Other) [circle choice] A variance to build a garage additiOn 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North by Stachtiaris and Leonard; East by Arshomomoque Pond, Moor, Smukheski, Kuerner, and Stewart; South by Arshomomoque Pond; West by Solar Symmetry, Inc. 3. That the property which is the subject of such Petition is located in the following zoning district: A.qri cultural/Resident i al 4. That by such Petition, the undersigned will request the following relief: Variances for insuffici'~nt side yard set-back, excessive lot coverage and constructing within 75 feet of water. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare ~ticle III ~ectton 100-31 and Artic].e X~ 100-119.2 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)/then and there examine the same during regular office hours. (516) 765-1809. 7. lhat before the relief sought may be granted, a public hearing ~m d on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. · Nichglas Ippolito/~? , Da,ed: une 16, lg87 / Petit' ner/Gary Flan~er 01sen, Esq. 0wner~"Names: N~chola$ IDDO]it,_O_ Post Office Address P.O. Box 706, Main Road Cl~tchngum, NAME Mr. and Mrs. Achil]es Stachtiaris Jankowski Moor Jean Leonard Mr. and Mrs. Joseph Smulcheski Mr. and Mrs. Frederick Hribok Mr. Manfred Kuerner Mr. and Mrs. Edwin Stewart Solar Symmetry, Inc. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 159 New Hyde Park Road, Garden City, NY 11530 1601 3rd Avenue, Apt. #6A-W, New York, NY 10128 96 Beach Road, Greenport, New York 11944 4 Carole Road, Southold, New York 11971 1 Arnold Lane, Commack, New York 11725 P.O. Box 408, Peconic, New York 11958 c/o Waters, 4427 Cedar Wood Drive, Liburn, GA 32047 Hobart Road, Southold, New York 11971 STATE OF NEW YORK ) COUNTY OF SUFFOLK) Amy F. Pennington ~ ,resldlngat 765East Main Street, Riverhead, NY , being duly sworn, deposes and says that on the lbth day of Ju~le ,19 ~/ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of $outhold; that said Notices were mailed at the United States Post Of- rice at Cutchogue (certified) (registered) mail. Sworn to before me this 16th day of ~lu~l~ ,19 87 Notary Public ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining' property owners.) FORM NO, 3 TOWN OF SOUTltOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date ;..~ ...1~...~...~ .......... 19 .'~."~. .e, . . . .o. ¢. . . a, r roZ:u, ~~~.. ~. N....ti ~.~.~. PLEASE TAKE NOTICE that your application dated .. ,~'~~' ~ ........ 19 ~. ~. fo~ pem~i~ to ~o~ct.. ~..O.~ .... ~~ .............................. ~ Locat on of Property ~ O~ .~ .... ~~& ............. Hous~ No. Street tt:,'tnlet County Tax Map No. 1000 Section . .-..~, ~.~... Block ..... O..~ ..... Lot . .~.~. (( ...... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~,.~,.'~..~ ~. Building Inspector QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes 2.a) Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Yes Town Code, Ch. 97 for your reference.) *b) Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes 4. Are there any existing or proposed fences, concrete barriers, decks, etc? Yes 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 If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Yes Are there other premises under your ownership abutting this parcel? If .yes, 91.~ase Aubmit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership,'if any)? State Permit # and Nature: Yes Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Yes Yes Yes Yes Yes Yes Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale.(from contract). Yes ll. Is new construction proposed in the area of contours - at 5 feet or less as exists? ~- Yes 12: If new construction is proposed in an area within 75 feet of wetland grasses, or land area at am 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? 13. Please list present use or operations conducted ~pon the subject property at this time / ~\~r~ ~r~\v~, and propose~. ~x,-Xq~£~o ~'~A-~,Ak~' '~ \ . . *Please suumit j~ffio~ographs for the~e~ord\ ~ I certify thaJ/t~ above statements are true and are being submitted for reliance by~y~Boa~, of/~kppeals in ~sideri~ myT~_appl~ion. Si gna~u~ ~Oer~f Owner) (Authori z~//A~en[)~g ' 3/87 lk. § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The 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 ti(Iai waters, which at mcan low title arc covered by tidal watcr:~ to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other Iow lying lands subject to tidal action; (2) All banks, bogs, moa(lows, 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, sca lavender, tall cordgrass, high bush. cattails, groundsc], marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a thhtl wethmd :~s defined ia Subsection A(2) and lying within seven- ty-five (75) fcct landward of the m¢,:tt lamiward edge of such n tidal wetla.d. FRESIIWATER WETLANI)S: (I) "Freshwater wetlands" ;is defined in Article 2.1, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of tho Sta~e of New York: and (2) All land immediately adjacent to a "freshwater wet- land." as defiocd in Subsection I~(l)aml lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 97O5 2-25-85 0 SHORT ENVIRO~RMENTAL ASSESSMENT INSTR, UCT!C~iS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available lnfor?~ation conceI-ning the project and the likely impacts of the action. It is not ex-Dected that additional studiee~ research or other investigations will be undertaken.' (b) If any question has been answered Yes the project may be significant and a completed EnviroNmental Assessment Form is necessa~/. (c) If all questions have been answered No it is likely that this project is ~ot significant. (d) Enviror_mental Assessment 1. Will project result in a large physical cDmnge to the project site or physically al%er mere than 10 acres of land? ...... 2. Will there be a major change to any unique or unusual land form fouuud on the site? 3. Will project alter or have a large effect on an existing body of water? . . . . . &. Will project have a potentially lares impact on gro,~ndwa~er quality? . . . · · . . 5. Will project significantly effect drainage flow 6. Will project affect any threatened or endangered plant or animal species? . . . . . . 7. Will project result in a major adverse effect on 8. Will project have a mmJor effect on visual char- acter of the community or scenic views or vistas known to be important to the community? . . . 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologioal importance or any site designated as a criti--1 environmental area by a local agency? . . · 10. Will project have a major effect on existing or future recreational opportunities~ . . . ll. Will project result in major traffic problems or cause a major e£fec~ to existing transportation 12. Will project regularly cause objectionable odors~ noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . 13. Will proS·ct have any impact on pub].ic health or safety? PREP~RER'$ -PRES~,ITI4~ directly causing a Erc'~h in/permanent popula- tion of more t.%an 5'p~cen%,~.~er a one-year period or have a maj~ nega/&ive effect on the c~aracter of ;he co~t nit?, or neighborhood?.. Ni chol a~s/~ )olito Yes X No Yes X No Yes X No Yes × No Yes X No Yes X No Yes X No Yes X No Yes X No Yes ~ No Yes X No , Yes X No Yes ~ No Attorney To; Southo!d Town Board of Appeals Hain Road Sou~hold, HY 11971 Appeal Application of Nich01as. Ipp01it0 ' Loca:£on of Property: . 230 Car01e R0aa, S0u~n01a, New YOrk i i971 Dear Sirs: ~n reference to the New York State Tidal %'/orlando Land-Us Regulations, 6 NYCRR, Part 661, and Article 25 of the lie:.; York Environmental Conservation La%.l, please be advised =ubjec: property IQ the within appeal appl' '-~;ac~..oA ' .. (ph.a._ check ~e box) ] M,Iv be located within 300 feet of tidal -,~ ' . w~: .lands hcv;,~ver, cons=r~cted along the water-lyinq of ~his prope~'ty is a bulkhead in very geed condition and at least 100 feet in ~length. ] May b~ 'located '' ' wl:%hln 300 feet of tidal wetlands. however, constructed along the wa~r-lying edge of thi~ property is a bulkhead in need of (minor) (major) repairs, and approximately length. - - ~ feet in May be located within 300 feet of tidal wetlands; however, constr%lcted along tho %;ater-lying edpe of this property is a bulkhead less than 100 feet in length. [ J. -f ] May be located · ' ' · .lathxn 300 feet of ' " t~da! weL/and~; and there is no bulkhead or concrete %{al! exisfln 'on the premises. Is not located withiu 300 feet of tidal Wetlands to the best of my knowledge.* [';tarred items ~*) ;,,d; ,-, ' . ' ~~~S incite 1~ .~our n, ' ' ( ~ z,J/cur 2 please; ~ I:OTE: If proposed project falls w~.}~n D.E.C. Jurisdiction, approval mus= be received an~l suLmitt6d to our office berate your a~plicnr¢on can be scheduled fac a public hearing. To '- Southo!d Town Board of Appeals }lain Road Sou~hold, }lY 11971 Appeal Application of Nicholas. Ipp01it0 ' Location of Property: _230 Car01e Road, boutn0id, ~ew ¥0rk Dear Sirs: In reference to the New York State Tidal Wetlands Land-Us Regulations, 6 NYCRR, Part 661, and Article 25 of the lie:.; York State. Environmental Conservation Law, please be advised "-ubjec~ property i,n the within appeal ap: (pl,.,~._ check une box) [ ] M,~y be located .within 300 feet of tidal ~etlands how,~.ver, cons~r~cted along the water-lyin~l edce of this prope~'ty is a bulkhsad in very good ~- condition and at least 100 feet in ~length. [ ] May b'e 'located within 300 feet of tidal wetlands. ho:.;ever, constructed along the %~auCr-lyin? edge of thi~ prouerty is a bulkhead in need of (minor] (major) repairs, and aoprcximate!v feet in length. ' ' -t' ] May be located within 300 feet of tidal wetlands; however, constr~cted al'ong the water-lying edge of this property is a bulkkead less than 100 feet in length. . May be located ~¢ithin 300 feet of tlda. wetlands; . .% and there is no bulkhead or concrete ~a!! e:cis~n 'on the premises. Is not located within 300 feet of tidal Wetlands to the best of my knot.;lud{3e.* ' [Starred itel~s (*) indic-,. ........... ~ .... ' NOTE: If proposed project falls %~i~'l~n D.E.C. jurisdiction, approval mus~ be received an{i Submit~6d to our office before your applica~4nn can be sckeduled ¢oc a public hearing. HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J~ GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 April 30, 1987 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Nicholas Ippolito - Garage addition Dear Mr. Goehringer: Please be advised that the Board of Trustees would like to recommend that the Southold Town Board of Appeals place a condition on the above referenced application that dry wells should be installed on the site to collect run off from the structures. Should you have any questions or concerns, please do not hesitate to contact this office. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS:ip cc: Bldg. Dept. C.A.C. file 308