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HomeMy WebLinkAbout3615 Southold Town Board o£Appeals I~AIN ROAD-STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11g'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3615-5E Application Dated February ]1, ]987 TO: Mr. and Mrs. Carmine DiSpirito 2430 Brigantine Drive Southold, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on April 23, ]987, 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 III , Section ]00-30(B)[1] [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of CARMINE AND DONNA DiSPIRITO for a Special Exception to the Zoning Ordinance, Article III, Section lO0-30(B)[1] for permis- sion to establish and construct two-family dwelling at 6030 Youngs Avenue, Southold, NY; Minor Subdivision Map 378, Lot 4; County Tax Map District 1000, Section 55, Block 2, Lot 1.4. WHEREAS, a public hearing was held and concluded on April 2, 1987 in the Matter of the Application of CARMINE AND DONNA DiSPIRITO under File No. 3615; 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, applicants request a Special Exception as regulated under the Provisions of Article III, Section lO0-30(B), subsection [1], of the Zoning Code for permission to establish two-family dwelling use in a proposed principal dwelling on this vacant parcel. 2. The property in question is located in the "A-80" Residen- tial and Agricultural Zoning District, having frontage along the east side of Youngs Avenue (a/k/a Railroad Avenue), and a total acreage of 4.102 acres as more particularly shown by survey amended February 25, 1987, prepared by Roderick VanTuyl, P.C. 3. The subject premises is more particularly referred to as Lot No. 4; Subdivision Map No. 378 approved by the Southold Town Planning Board, and is identified on the Suffolk County Tax Maps as District 1000, Section 55, Block 2, Lot 1.4. (CONTINUED ~N PAGE TWO) DATED: April 23, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS P~e 2 File No. 3615-SE Matter of CARMINE AND DONNA DiSPIRITO Decision Rendered April 23, 1987 4. Column "A-180" of the Bulk and Parking Schedule of the Zoning Code, and Article III, Section lO0-30(B)[1] permit a two-family dwelling by Special Exception, subject to site plan approval by the Planning Board, a minimum lot area of 160,000 sq. ft., minimum lot width of 270 feet, and minimum lot depth of 250 feet. Each dwelling unit is required and is proposed to have a minimum liveable area of 850 sq. ft., at a maximum height of 35 feet. The total lot width and depth of the premises is shown to be 316.93 feet and 668.07 feet, respectively. 5. It is noted for the record that Certificate of Occu- pancy No. Z14118 dated December 26, 1985 has been issued to Randazzo Building Co., Inc. (predecessors in title) concerning this property. 6. The survey plan amended February 25, 1987 depicts the proposed location of the two-family dwelling which is shown: (a) to be set back 125 feet from the west front property line, and building envelope outlining the minimum setback requirements of 30 feet from the north side line, 20 feet from the south side line, and 75 feet from the rear (east) property line; (b) a minimum lot area of 160,000 sq. ft. for this two-family use. 7. In making this determination, it shall be understood that this project shall not violate any building or zoning code regulations and accordingly must be established in accordance with all rules and regulations for a two-family dwelling structure and use. In considering this application, the board also finds and determines that: (a) the use requested will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (b) the use will not adversely affect the safety, welfare, comfort, convenience or order of the town; (c) the use is in harmony with and promote the general purposes and intent of zoning. The board has also considered subsections [a] through [1] of Article XII, Section 100-121(C)[2] of the Zoning Code in making this determination. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that a Special Exception BE AND HEREBY IS APPROVED in accordance with Article III, Section ~0~(~-] of the Zoning Code in the Matter of the Application of CARMINE AND DONNA DiSPIRITO for the establishment of a two-family dwelling use, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Each dwelling unit/apartment shall livable floor area of 850 sq. ft. pursuant of the Bulk Schedule of the Zoning Code; have a minimum to the requirements 2. The second dwelling unit's exterior entranceway shall not be at the front (road) side; 3. Subject premises shall remain a minimum area of 160,000 sq. ft. as applied for this two-family dwelling use. Vote of the Douglass and Sawicki. was duly adopted. Board: Ayes: (Member Doyen Messrs. Goehringer, Grigonis, was absent.) This resolution * * RECEII/' D AND THE SOUTI-iOLD TOT.~i~ GERARD P. GOEHR~INGER, e~IRMAN- April 27, 1987 Town Cle~k, Town of Southold NOTICE OF HEARINGS ~OTICE IS HEREBY GIVEN, pursuant to Section 267 of the .Town Law and the~Code~f~h~ Town of Southold, the following public hearings wi~'ll 'b~'~he'l'd' by the SOUTHOLD TOWN BOARD OF APPEALS at the So~%hold Town H'a'}l, M~in Road, Southold, NY at a Re§ular Meeting,.T~.U~SDiAY, APRIL 2,~ 198~, at the following ti,mes: 7,,35 P.m. Appeal No. 261~ RAYMOND AND EEEANOR KERESTE~. (Reces~6d fro'~ 31/5/'87). V'ariances for inSuffi-cient lo~'width of three proposed parcels, each cont.aining 4.6± acres. North Bayview and Paradise Poi'hr Roads, Southold. 1000-81-01-25. 7:40 p.m. Appeal No. 361~ - ANA G. STILLO. Variances the Zoning Ordinance, Article III, Section lO0-31, Bulk Scheldule, For approval of insufficient lot area, width and depth of parcel, s in this pending division located on a private right-of-way extending off the north side of Main Road, Orient, NY; County Tax Map District lO0~, Section 14, Block 2, Lot 26, containing 3;2 acres t'otal. 7:45 p.m. Appeal No. 3618 - SUKRU ILGIN AND MINE PEKSEN d./b/__a OCEAN HOLDING CORP~. Variance to the Zoning Ordinance, Article VI, Secti. on 100-62 for permission to operate convenience s~ore in addition to existing gasoline-service station uses at 7400 Main Road, Laurel, NY; County Tax Map District 1000, Section 122, Block 7, Lot 01. Zone District: B-1 General Business. 7~50 p.m. Appeal No. 3609 - GULL POND DAW~ CORP. Variance to the Zoning Ordinance, Article XI~ Section 100-119.2 for per- mission to construct single-family dwelling with an insufficient setback from exist:ing wood bulkhead along mean highwater mark of Dawn Lagoon. Location of Property: East Side of Dawn Drive, Cleaves Point, Section 3, Lot 70, Greenport, NY; County Tax Map District 1000, Section 35, Block 5, Lot 17. 7:55 p.m. Appeal No. 3616 FLIN_~ ST. CORP. AND RIVER~IRCLE CORP. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot area, depth and width of two parcels in th-is pending division of land, fronting along Linnett Street and Flint Street, Greenport Driving Park Lots 68 and 76, Greenport, NY; County Tax Map District lO00, Section 48, Block 2, Lot 32. Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting - April 2, lg87 Lot 8:05 p.m. Appeal No. 3615 CARMINE AND DONNA DISPIRITO. Special Exception to the Zoning Ordinance, Article III, Section lO0-30(B)[1] for permission to establish and construct two-family d~e:lti.ng at 6030 Youngs Avenue, Southold, NY; Minor Subdivision Map 378, Lot 4; County Tax Map District 1000, Section 55, Block 2, 1.4. 8:10 p.m. Appeal No. 3613 GREGORY PAULOS. Variance to the Zoning Ordinance, Article XI, Section to construct deck addition to dwelling with an insufficient setback from bluff along Long Island Sound. Location of Property: North Side of Sound View Road, Map of Orient By-The-Sea, Section Two., Lot 46, Om~nts NY; County Tax Map District lO00, Section 15, Block 3, Lot 4. 100-119.2 for permission 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 the time allotted, Written comments may be submitted prior to the con- clusion of the subject hearing. For more information~ please call 765-1809. Dated: March 20, 1987. BY ORDER OF THE SOUTHDLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Copies to the following 3/20/87: Suffolk Times L.I. Traveler Town Clerk Bulletin Board Patricia C. Moore, Esq., Attorneys for Mr. Attorneys for Ms. Edson & Bruer, Main Road, Raymond Kerester Ana,.Stillo Southold, NY l1971 Mr. Mine Peksen, Mr. Sukru Ilgin, Box 525, 7400 Main Rd, Laurel 11948 Gull Pond Dawn Corp., 8 Lovers Lane, Huntington, NY 11743 William Moore, Esq. as requested, 370 Terry Lane, Southold, NY l1971 Mr. David E, Kapell, Agent for Flint St, and River Circle Corps, 400 Front Street, Box 463, Greenport, NY 11944 Mr. and Mrs. C. DiSpirito, 2430 Brigantine Drive, Southold, NY l1971 Mr. Bruno Tarabaccia, 1730 Waterview Drive, SOuthold, NY 11971 as Agent for Mr~ Ger~ory Paulos J. Kevin McLaughlin!, Esq.-as requested, Box 803, 828 Front St, !Greenport;, NY 11944 ZBA Individual Files ZBA of~ce Bulletin Board ZBA Members Building Department Planning Board FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE $OUTHOLD. N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE ~hat your application dated . .~~.. ,~ .~. ...... , 19 .~.'~. for pemfit to construct.. O,...T.L-'~.... 72~-4-[...}.~.~q.. .................... at ~o~o~ o~,o~,~. ~o.. ~~..~.,...~.~.~ ....... House Ho. Street Hamlet County Tax Map No. 1000 Section . .'.Qb~'. ..... Block ..... ~ .~ .... Lot ..: ~ ' ~ ...... Subdivision .................. Filed Map No ................. Lot No ................. ,s returned herewith and disapproved on the following grounds .~4~.~,~ J..~..'--..~..O..~. [!~, ...... .~.~.,~..~~..~.~..~ ...... ~_.~ o ~B ~x ~ ._.~ ~ ...... 'j ...........' Building Inspector RV 1/80 BOARD OF HEALTH 3 S~¢ OF PLANS 'FORM NO. 1 SUR~.~} TOWN OF S~UTHOLD CHECK BUILDING DEPARTMENT" SEPTIC FORM TOt~N HALL NOTIFY $OUTHOLD; N.Y. 11971 TEL.: 765-1803 CALL MAIL TO: xamined ...... ,:; ........... 19... pprOved ;.-;~;:..3 ........... 19... Permit No ........... sap roved a,'c.'.V. .... '- ........... (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 ts of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buifdings on premises, relationship to adjoining premises or puhlin streets · areas, and giving a detailed description of layout of property,must be drawn on the diagram which is part of this appli- er/on. ' c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this appl/cation, the Building Inspector will issued a Building Permit to the appl/cant. Such permit all be kept on the premises available for inspection throtlghbttt the work, e. No building shall be occupied or used in whole or in part for any purpose wl~atever until ~ Cer*dficate 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 ailding Zone Ordinance Of the Town of Southold, SuffOlk County, New York, and other applicable Laws, Ordinances or egulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described, ae applicant agrees to comply with a~l apphcable laws, ordinances, building code, housing code, and regulations, and to trait anthorized inspectors.on premises and in building for necessary.. 'n ections, , , (Signature of applicant, or name, ifa corporation) (Mailing address of applicant) rate whether applicant is owner, lessee, agent, architect, ensneer, general contractor, electrician, plumber or builder. · .0..az. .................................................................................. rune crowner'of premises C~2.~.).~T/rT}P-~... ,~.,..~¢'. ...... g.~..O../~//b., o.// ....... ~. .... l.~... (as on the tax roll or latest deed ~ ~;' ~c-c~c~c~c~c~c~c~c~c~- 'applicant is a corporation, signature of duly authorized officer. ~Name and title of corporate officer) - Plumber's License No. ' ~ ] ............. Electrician's License No ....... {~3 ............. Other Trade s L~cense No ...... Y ............... House Number Street Hamlet Subdivision ..................................... Filed Map NoZ/~P,L..~.~/7,~.~fi}~ot ............... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ........................................................... . .......... b. In nded Use and occupancy .... . .~..~.~ .......................... ,./' Repair ......... P,~fn o~,al .............. Demolition .............. Other Work ............... (Description) 4. Estimated Cos,..... ~..~75. .G~.. ......... ' ....... Fee ....................................... ' (to be paid on filing this application) 5. If d~elling, number of dwelling units...~.~..'~. ...... Number of dwelling units on each floor ................ If garage, number of cars ........................................................................ ~6.~ If business, commercial or mixed occupancy, specify namm and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ....................................................... Dimensions of same structure with alterations or additions: Front ................. Rear ................. Depth ...................... Height ...................... Number of Stories ..................... Dimensions of entire new construction: Front ............... Kear ............... Depth .............. Height ............... Number of Stories ....................................................... 9. Size of lot:: Front ...................... Rear ...................... Depth ..................... 10. Date of Purchase . .{F/~/~'/d,,0~.. ,Z.~.-/.f .~.~ ....... Name of Former Owner /~..~..z.~.o.. 1 t. Zone or use district in which premises are situated ...... ~ ...... ; ......... ~,,;~-~7 ......................... 12, Does proposed construction vicomte any zoning law, ordina ce or reoulation: ................................ 13. Will lot be r~raded .... ,f~/..19..~ ............... .,.. Will excess fill be removed from premises: Yes No 14 ~'~*-e or c~vner o£ t~remisesf~.2-~?.~.'~. ~ ~.,q.4~ .,9/./~.).~e/-~ddress~.~.-~.~.~',t'~d.~,~./.*'.~. ~,~.'. Phone No. ~..6..d-..-¢:~ 2. .~.. Name of Architect ......... -...-. ............. Address ,'. o.,~ .~..~d..~. ....... Phone No ............ Name of Contractor .......................... Address .... : .............. Phone No%.t. ............. 15. Is this property located within 300 feet of a tidal wetland? *Yes ..... No *If yes, Southold Town Trustees Permit may be required. PLO'r DIAGRAM Loca~e clearly and distinctly all .buildings, Whether existing or proposed, and, indicate ali set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether inter/or or corner lot. ..eib, 7~' 4-.'7~0 ' STATE OF NEW Y(~R,~,.] ,. ,~ Jt ,, t, COUNTY OF...~ o.o ....... (Name of individual signing contract) above named. being duly sworn, deposes and says that he is the applicant He is the ......................................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application.: that all stateroom, ts contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manne~ set forth in the application filed therewith. Sworn to before me this ......... ...... ..... . ,, .., - . ..... ~,~.~..: ..... ! ................. ! ........... ,vo, 52-46q ~5 -- (Signature of applicant FEB ! .i 1987 "~" TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Application No, ~ Date Filed: .... ' (Resi'dence,' House No. and Street) Hew ' ' (Haml~2t, StaSe, Zi~ Code, T~eDhone Number} qereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance w~th the ZONING ORDINANCE, ARTICLE ~ , SECTION ~o~-3o , SUBSECTION ~ for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): A. Statement Of Ownership and Intehest. 9roperty known and referred to as~z~ ~m '~/~o~ [M~' '~ - (House No., Street, ~mlet) -- id~ ~e ~0~ T~ Maps as Distric~ ]000, Section ~ Lot(s) /, 4 , which is ~ ~ on a subdivision Map (F~led '7~.~.~ ~" -, Map o (~2~, ~2~ ~2~¢. ~o~ F~l~ Map Nb. and h~ approved ~ the Southold' Town 'Planning Board on~~¢~ as a [Minor] [Major] Subdivision). - The above-described property was acquired by the owner on~p~oA~w B. The applicant alleges that the approval of this exception woulld ae in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms the standards prescribed therefor in said ordinance and would no~ be detrimental to aroperty or 9ersons in the neighborhood for the following reasons: ~. 4he p~opec~ ~Mch ~s ~he su~ec~ o¢ ~his a?p~ca~on ~s zoned ¢ ~ ~.s.c~s~8~¢n¢ ~tb ~he ~se(s) descended ~n ~he Cer~¢~ca~e o¢ Occupancy being Cucn~shed hece~ ~h. ¢oc ~he ¢o~o~n¢ ceason(s): [/~] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: Swo~ to before me ~ 4day ZB2 Irev. 2/6/86) of ' (Si gn.a't ure } ' ~ ~ -' ] OWNER ~-Ot~.M ~R OWNER CA~:D ,.,rE_,. ~.~ DISTRICT SUB, ACREAGE TYPE OF BUILDING LOT 'lZ~.. " ' RES. SEAS. LAN.D IMP. ~400 VL ~ ( FARM - [ COMM. IND. j CB. MISC 'I' ...... ,__. '"-Z _ TOTAL -'- DAT. Ef REMARKS~ r(3rm Tillable 1 Tiltoble 2 "Fillable 3 Wcodland Swampland Brushland House Plot )RMAL Acre BELAY BOVE Value Per Acre Value ~2 Total .[ 6REENPORT NEW YORK SUFFOLK ¢O HEALTHDEPT, APPROVAL H. S, NO THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS I~E$1DENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO DEPT OF HEALTN SERVICES APPLICANT SUFFOLK COUNTY DEPT, OF' HEALI'H SERVICES FOR APPROVAL OF CONSTF~UCTION ONLY DATE: H. S REF, NO. APPROVED: SUFFOLK CO. TAX MAP DESIGNATION: DIST, SECT, BLOCK PCL OWNERS ADDRESS: _.": DEED. L,,~r~.&~S rest HOLE SEAL. ......................... ' ..... R~R~K VAN ~UYL, P,C. 1 LICE~ LA~ ~VEYO~ ~REE~T ~W Y~K 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. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAW[CKI April 27, 1987. Mr. and Mrs. Carmine DiSpirito 2430 Brigantine Drive Southold, NY 11971 Re: File No. 3615 - Two Family Special Exception Dear Mr. and Mrs. DiSpirito: 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. If this project involves an application with the Planning Board, please be sure to return to their office for further processing. A copy of this determination is simultaneously being furnished to their office. In any event, 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, Enclosure Copy of Decision to: Building Department Planning Board GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS April 2, 1987 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · E . Q · R .A . SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3615 SE PROJECT NAME: CARMINE AND DONNA DISPIRITO This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.C. 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: DESCRIPTION OF ACTION: two-family dwelling [ ] Type II [X] Unlisted [ ] Permission to establish and construct a LOCATION OF PROJECT: Town of Southold, County of~Suffolk, more particularly known as: 6030 Youngs Ave., Southold, NY 1000-55-2-1.4 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) This is an application concerning use of premises and is not directly related to new construction. (3) The property in question is not located within 300 ft. of tidal wetla~ i~R r ' ' nv' n a. . ~ I~~O~, ~ ~T~: Linde Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, 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. mc II ~/- ) (~ COUNTY OF: Real Property Tax S NOTICE OF HEARINGS NOTICE'~ I~~ HEREBY GIVEN'/~ht~to Section 267 of the ToM{ Law and the Code of the To~ 0fSouthsld, the follow. lng public h~acin~ will be held by the~ SOUTHOLD TOwN BOARD-OF APPEALS at the Soutl~d Town Hall, Main Road, Southold, N;Y at · Rogvlar Meet- 1S~7, at the following times: 7:38~p.m. Appea!' No, 3611 - RAYMOND AND ELEANOR KERESTER. (lb~m~ from 3/ 5/87). Variances for insufficient lot width ~ three proposed per- cels, each containing 4.6-+ acres. North Ro~iew and Paradise Point ]~0~aouthOld: 1000-81- 01-25. ,,;,i . 7:40 p.m. Appeal No. ~6i9 L ANA G. ~. Variances te the Zoning Ordinance, Article flI, ~petion ,100-31, :;: B~lk Seheduls~i'or ip~pmval 0i'insufl~p cient lot ~rea; width a~d.depth of two par~ie m this pending v's'on located on ~ private right- o~-way extending off the north side of Main Road, Orient, NY; County Tax Map District 1000, Section 14, Block 2, Lot 26, con- tainin~ 3,2 acres total. 7:45 p.m. Appeal No. 3618 - SUKRU ILGIN AND MINE PEKSEN d/b/a OCEAN HOLDING CORP. Variance to the Zoning Ordinance, Article VI, Section 100-62 for pennis- sion to operate convenience stere in addition to ~Asting gasoline- servic~ station u~s at 7400 Main Road, Laurel, NY; CoUnty Tax Map District 1000,'~tton 122, Block 7, Lot 01. Zone .Di~-~, trict: IL1 General B~/ ': 7:50 p./a. Appel 'No. 360S ;- GULL POND DAWN ~ORP. Varianc~ to th~ Zoni~g.O~dl~ n~n~, Artl~'XI; Section single'fasdi~i~lwell't~g witli ~n in.g wood bulkhSad ~o~ m hlghwator~ ,m~l-~ ff,-bir Dawn' La. Side of Dawn Drive, Cleaves Point, Section 3~Lot 70, Orsen. pert, NYl.County Tax Map Dis. trict 1000~ '8oction 3~, Block 5, 7:55 p/~m~ ,A~'l~al N~3616 ,-. RIVER CIRCLE ~ORP, Vari- Article ~ ~on 100-31 ..~ulk clont io~*~~ida of two pe~elotn ~ pending di- vision Of ~d.~ fronting along Linnett Strset and Flint IStreet, Greenport Driving Pai-k' [~ot8 68 and 76. GIMnport, NY; Coun(- Tax Map District 1000, Secti, 48, Block2, Lot32._ -~. ~.~ L STATE OFNEWYORK ) ! SS: COUNTY OF SUFFOLK ) Richard Williams _ofGreenport. in said County. being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper. published at Greenport, in the Town of Southold. County of Suffolk and State of New York, and that the Notice of which the annexed is e printed copy. has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the _ 2 6 dayof March 19~'/ 8:05p.ml Appeal - No. 3615 CARMII~? AND DONNA ~f DISPIRITO. Special Exception to the Zoning Ordinance, Article ifil, Section 100.30(B)[1] for per- ~mission to establish and con- ~truct two-family dwelling at ]5030 Youngs Avenue, Southold, ' 'NY; Minor Subdivision Map 378, Lot 4; County Tax Map Dis- trict 1000, Sect on 55, Block 2, i ! Lot 1.4. ~4- 8:10 p.m. Appeal No. 3613 '- 'GREGORY PAULOB~ Vari- I &nco to the Zoning Ordinance ' Article XI, Section 100-119.2 for permission to construct deck ad- dition to dwelling with an insuf- ficient setback from bluff along Long Island Sound. Location of Property: Narth Side of Sound View ~d, Map of Orient By- The-S~%' Se~-'tion Two, Lot 46/ i Orient, NY; County Tax Map District 1.000, Section 15, Block~o 3, Lot 4. i The t~oard of Appeals will hear at sam rt!me and Place all pe.ra0ns 9r, cepl~sentetivee desir- in'~to be heard in each of the ~bo~;e n~att~re.' Each hearing. will n.?~, etar~ before the time al- lottedi~j:Wrttten comments may be submitted prior to the conclu- sion of the Subject hearing. For more information, please call 765-1809. Dated: March 20, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS : C-ERARD P. GOEHRINGER, '~!~ '-: ?~': CHAIRMAN " ~ 'Linda Kowalski, Board Secretary .~.j _TM26-5545 ........ Principal Clerk ~orn to ii, fore m~ this ' ,/~ NOTARYPUBLIC,~ofN~Y~ /~.~~ Suffo,k ~unty No. 48498~ ~ ' ~ ~' -- Term Expires Februa~9~ NOTICE IS HEREBY GIV- EN, pursuant to Se~lnti 267 of the Town Law and.~ae,Code of the Town of S0iRhbld, the following public ~ will be held by the $OUTHOLD at the Southold ~T0wn Hall, Main Road, Sonthold; NY at a Regular M~ting, THURSDAY, APRIL 2 1987 at'the ~following times: 7:35 p.m. 'Ap~ NO. {611- RAYMOND AND ELEANOR KERESTER. (Ravelled from ~"/~'~iances for .insuffi- cient lot width of thr~ propos- ed parcels, each containing 4.6 :t: acres. North Ba~view and Paradise Point .Roa~Soqthold. 000-81-01-28 ANA G. STILLO.' Variances to the Zoning Ordin~?,:'Arttcle II1, Section 106-~31," Bulk Schedule, for approval of insuf- ficient lot area, v,ddthand depth of two parcels in this pending division located Gna private right-of-way extending off the north side of, Main Road,' Orient, NY; County Tax Map District 1000, S~ction 14, Block. 2, Lot 26, containing 3.2 acres 7:45 p.m. Appegl~:No, l 3618-~:AND MINE PEKSEN VI, Seciion 100-6~,,f0t permls- i . sion to operate i~onvenienea, store in addition',to existing ~OUNTY OF SUFFOLK STATE OF NEW YORK SS: 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 Long Island Traveler-Watchman once each week for ....................... ./... weeks successively, commencing on the ........... ?.~ ........ dayof ~.._..~.~Ft ~ ~ ~/~ lq~ Sworn to before me this ..................... day of ....... ........ . gasoline-service station 7400 Main Road, Lauml;(:{~(; { County Tax Map D!stnct 1~, It, ~l~l~'~'ta~;i:~P~l~10~ 3613- Section 122, Bilk 7, ~tOl. Zone District: ~B'I~ Genera!,~ g::~: ~he~nin~n~tide~ Business. '~ :~'., ~ ~Xl~tion,l~lg,2~or ~ 3609-GULL~OND DA~N CO RP~n~-i~ Ordinance Articl~ XI ~mn t ~l~Und,~tionofi 1~-119.2 for p.mlsdon to con. struct single-family d~llin8 ? I rNi 0rOdent ' with an insufficieul setback from existing~d bulkh~d ~,: :~fi~NY;¢[~unty along mcan hishw~er mask.of,~ ~j {Disffi~l~', ~ion IS, Bl~kt Dawn ~goon. ~tion of perty: EastSide of Dawn Drip. Cleaves Point, Section Greenport, Map District Block 5, Lot !7. ~ ~,~ 7:55 p.m. Appeal FLINT ST. RIVER CIRCLE Notary Public BARBARA FORBES Notary Public, Btate of New York No. 4806846 Qualified in Suffolk County Commission Expirea ~._~./ 19g~f dinance, 100-31, Bulk Schedule, for proval depth, in this pending division o1~ land, fronting along L~.l~ett street/~ , and Flint Stre~t~" Greenport '~;: Driving Park Lots 68 and 76, ~ Greenport, NY; County Taxi Linda Kowalski, Map District 1000, Section 48, ' Block 2, Lot 32,1 i C Board Secretary "' !T-3/26/87(52) 8:05 p.m, CARMINE place all be heard in each of the ' .~ matters. Eq. ch bearing will n~t start before the time allot- ted. Written comments may be to the conclu~ .' subject hearing. For please call 765.1809, 1987 ' BY ORDER OF THE SOUTHOLD TOWN · BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN fami Avenue, $ Section $5, APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRiGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H.$AWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 !3OUTHOLD, L.I., N.Y. 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 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 free to call our office, 765-1809. Yours_ v e ry~u/~/~__ Gl[RARD P. GOEHR[NGER ~ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 February 11, 1987 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3615, application of Carmine & Donna Maria Dispirito for a Special Exception. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Certificate of Occupancy ~= '~'~- ~'~'~'~ . :-2~!zzz' and survey of property. Southold Town Clerk ¥OWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: (Residence, House No. and Street) Zip Code, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE ~ , SECTION ~oO-3o , SUBSECTION ~5 I for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): A. Statement of Ownership and Interest. property known and referred to as {~o_~ '~~ ~~ (Hous6 No., Street, ~amlet)-- ~dent~fied on,he Suffolk'County Tax Maps as D~str~ct lO00, Section ~, Block ~ , Lot(s) I.k , which is ~ ~ on a subdivision Map (Filed , and has been approved by the S6~thol~ Town PTannihg Board on as a ~ [Major] Subdivision). The above-described property was acquired by the owner on ~, B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. ~he ppopept~(~ the su~3~t ~f t~s appl,cat]on ]~zoned ~ I J.s c~ns4~ent ~th the use(s) descpibed Jn the CePtJfJcate of Occupanc~ being L ] [~] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: S~o~me t~js~ ~/,day of ~t~'yary Public) ZB2 (rev. 2/6/86) furnished herewith. is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): (Signature) ' - - ' VERO?JICA F. C/DONE NOTARY PUBLIC, STATE OF NEW YORK' NO. 52-48-8140S OUALtFIED IN SUFFOLK COUNTY COM?~,/SSION EXPII~ES MARCH~",~0, 19 rARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ot the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold ~ to request a (Variance) ~Exceptio~ (Special Permit) (Other) [circle choice] ).~% 2. That the property which is the subject of the Petition is located adjacent to your property and is des- 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: / 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section /o~D - ._~o ~ ('1)~E~-~*3 o~'.~.~.~. L~ I. E ] 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. 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. Oared: /o- /9 £7 Petitioner Owners' Names: Post Office Address ATTACH CERT] of. ~'~.~L'~C) w~J ,beingdul ,-,, es a~'~ says that on the ' i ~"~ day ,19 _~.~, deponent mail _, [rue copy of the Notice set forth on the re- verse side hereof, directed to each of the anove-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 assessm.en~ roll ,of, the Town ~4t'q~ (registered) mail. dS:Or~ ,o before me this (I''~ vo Notary Public of Southold; that said Notices were mailed at the United States Post Of- _; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.) ihQ [I.Y.S. [nvlronJllel]t;,I (/uol [.¥ ~n:v~uw Ac~ rcq.~re', suu- ....... mission of s form, and an envtronme 1 review will · ','.., . made by th oard before any action aken, '-'.-'. : , ~" ~ .~HORT 5! VTRO~P,~ENT~L ASSF~ENT ' ' ."" (a) In order ~o answer the que~t~on~ In thl~ ~hor~ ~AF 1~ t~ ~s~d '-'/',.~),.]-.~ ,-.' ,' '; pr~varer will u~e currently available ~/O~tlOn conce~ln tho re oct and ' ' &, W~I proJec% have a potentially larEo Lm~ on . . '.... : · . '~':' ;" ~.:? on adjaccn~ sites? .:.:~.:t.~:,:,, 6. Will project affect any t~eatened or endangered '"- plant or anL~nl species? W~I project res~t In a major sd';ornc effect on ~ 8. W~I project have a major effect on visual cbm~ ...:, k~o~ to b~ ~portan~ to tha co~.~un~y? · · · Yes ~o 9. W~ll project adversely ~pact any ~lto o~ st~c~ . . importance or any site ~osi~ato~ aa a critical . '~.-"~ envlro~en~l area by a local n~oncy? · · · Yes o ...... 10. W~I project have a ~Jor effect cn oxt~t~g or future recreational opport~Itlo~ · - * Ye~ No ll. W~ll project result in'm~Jor traffic problem~ or Will project reg~ar17 cause objectionable 1]. Will project h,lve any impact on public health or Will project ~ffcc% %he exlstin~ co~mmity by char~ct~, of the co~mun~:z cr na~<n~orhoc~. · Yo~ ~No '" To: Southo!d Town Board of Appeals Main Road Sou~hold, MY 11971 (Today's D.~e) Appeal Application Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-us ReGu]'a~ions, 6 NYCRR, Part 661, amd Article 25 of the ~;e:.; York Environmental Conservation Law, please be advised tha~ t2 subject property i,n the within appeal application: (pl,.~,_ check one box) ] May be located ~ithin 300 feet of tidal wetlands hcwever, constructed along the water-ly~n~! edco of this property is a bulkhead in very good condition and at least 100 feet in ;length. ~ May b'e 'located within 300 feet of tidal wetlands however, con~_uc_=d along the wateTr-lyinc edge of this proper~y is a bulkhead in need of (minor) (major) reoairs, and assroximate!y feet in length. ' ' ~ -- [ ] [ ] May be located within 300 feet of tidal wetlands; however constructed al'OhS the · ~ ,- · ' . wade--lying edge of this property ss a bulkhead less than 100 feet in length. May be located , · ' · .~th~n 300 feet of tzda! wetlands; and there is no bulkhead or concr~t~ wail 'on the premisea. ' [ ~ Is not located withiu 300 feet of tidal wetlands to the best of my knowled0e., [:]tarred items (*) indicate your property doe~ not appear to fall within the jurisdiction of the N.y.s.D.E.C. Sincerely yours, ' · ( 3 ~,J:ta ~ur_, hOT~: If proposed pro'~,ct falls ]- wit'l~in D.E.C. jurisdiction, approval must be received an~l Sukmit66d to our office before your appl~ "on can be scheduled for a public TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 CERTIFICATE OF OCCUPANCY Date December 26 is 85 VACANT This CERTIFIES that the Lot ............................................. pp~.q YounRs Avenue Location of Property ...................................... Sou thold House # Street Hamlet County Tax Map #, Section... 055 ..Block. 02 - - 001.4 Subdivision Minor--Randazzo ..~d-~ap #..~7~ ..... Lot #...4.. Building Company, Inc. conforms, substantially to the applicable provisions of the Zoning Code of the Town of Southold. The premises are located in the "A" Residential- AMr$cultural Zone District and may be used for such uses as are presently authorized by the Zoning Code in such district subject to, however, all of the requirements of th~Zon~ng Code. The certificate is issued to ... RANDAZZO BUILDING CO.. (owner, of the aforesaid lot. Building Inspector Rev 1/85 SUFFOLK COUNTy CLERK'S OFFICE JULIETTE A. KINSELLA COUNTY CLERK RIVERHEAD, LI.N.Y. 11901 516-548-3418 We have recorded the enclosed Deed as you requested. Please note the large numbers in the upper left corner of the face-page identified as "Liber" and "Page". If in the future you find it necessary to communicate with this office concerning this document, please indicate the Liber and Page numbers in your request. Be assured that we are here to serve you and will do all in our power to safeguard these vital records. JULIE3-rE A. KINSELLA, COUNTY CLERK District 1000 Section 055.00 Block 02.00 Lot 001.~ CONSULT YOUR LAWYER BEFORE SIGNING THIS INS~RUMINT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THl$lND~.,lTrgR~madethe 24th ~ayof January, ,nineteenhundredand eighty-six RANDAZZO BUILDING CO., INC., a domestic corporation, with offices at 127 Swan Lake Drive, Patchogue, New York party of the first part, and CARMINE M. his wife, Southold, DiSPIRITO and DONNA MARIA DiSPIRITO, both residing at 2430 Brigantine Drive, New York pa~y of ~e second pa~, WITNF.~SETH, th~ ~e party of the first part, in consideration of ten dollars and other val~ble consideration paid by the party of the second part, d~s here~ g~nt and release unto the party of the second part, the heirs or successors and assi~s of the party of the second part forever, ALL t~t cer~in plot, piece or parcel of land, with the buildings and improvements thereon ere~ed, sit~t~ lying and ~ing in the the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Railroad Avenue which point is distant South 15 degrees 15 minutes 00 seconds East, 226.00 f~et from the intersection of the southerly side of Old North Road and the easterly side of Railroad Avenue; running thence from said point or place of Beginning North 77 degrees 30 minutes 20 seconds East 668.07 feet to a point of land now or formerly of Coleman; running thence along land now or formerly of Coleman, South 12 de- grees 29 minutes 40 seconds East, 316.93 feet to land now or formerly of Grigonis; running thence along land now or formerly of Grigonis and Salmon, the following three courses and distances: 1. South 77 degrees 30 minutes 20 seconds West, 475.00 feet; 2. North 11 degrees 19 minutes 40 seconds West, 167.00 feet; 3. South 77 degrees 30 minutes 20 seconds West, 190.00 feet to the easterly side of Railroad Avenue; thence along the easterly side of Railroad Avenue the following two courses and distances: 1. North 11 degrees 19 minutes 40 seconds West, 11.04 feet to a point; 2. North 15 degrees 15 minutes 00 seconds West, 139.07 feet to the point or place of BEGINNING. a portion of BEING AND INTENDED TO BE/the same premises conveyed to the grantor by a deed dated December 12, 1983 and thereafter recorded in the Office of the Clerk of the County of Suffolk on January 20, 1984 in Liber 9499, Page 102. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abuttiug 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 t~ 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 thc 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 i~nprovement 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 thc sense of this indentgre $o requires. IN WITN£$$ WHE, RI:OFi the party of the first part has duly executed this deed the day and year first above written. '~ ~ F~ECC'VED~ ~ IN~'g£S£NC[O~:;a43f DAZZO BUILDING CO., INC. ,,... By: '~A~.._SFERTAX VITO RANDA nt STATI Ol~ I~IW y61K, COUNTY Of On the day of personally came SSI 19 , before me to ,ue known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OP SUFFOLK SS~ On the 24th day of January, 19 86, before me personally came VITO RANDAZZO to me known, who, being by me duly sworn, did depose a0d say that he resides at No. 127 Swan Lak~Dr~.ve Patch0.gue, New York 11772 ; that h~ is the President of RANDAZZO BUILDING CO. , INC. , , the corporation (iescribed in and which executed the foregoing instrument; tion,, and that he si~nect b~isrlame.thereto by41ke-~p'der. orde. r of the ~oaro o~ D~rectors o saia corporation. ANN HERBA Notary Public, State o/ Nenv Yet~ No. 52-6~61E00, Suf~f~ County WITH COVENANT AGAINST (~R. ANTOR'S ACTS RANDAZZO BUILDING CO., INC. TO CARMINE M. D~SPIRITO and DONNA MARIE DiSPIRITO, his wife Distributed by CHICAGO TITi~ INSURANCE COMPANY On the ~lry of 19 , before me personally came to me known to be the individual described in and who executed the foregoin~ instrument, and acknowledged that executed the same. STAT! OfI NIW YORK. C:OUIfl'Y OP SS: On the day of 19 , before me personally came the subscriblnff witness to the foregoin~ instrument, with whom ! am personally acquainted, who. beinl.~_ by me duly sworn, did depose and say that he resides at .No. ; that he 'knows to be the individual described in and who executed the {oregoing. instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. SECTION BLOCK LOT COUNTY OR TOWN ltemtded at Itequ~t ~ CHICAGO TITLE INSUItANC~ COMPANY Ite~um b~ ~ to MICHAEL J. HALL, ESQ. YOUNGS AVENUE SOUTHOLD, NEW YORK Z~ 11971