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HomeMy WebLinkAbout3663 Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 2~5 SOUTHOLO, L.I., N.Y. 11g'71 TELEPHONE (5'16) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3663 Application Dated August 24, TO: John J. Munzel, Esq. 548 Roanoke Avenue Riverhead, NY 11901 1987 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on October 28, ]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 , Section IX] Request for Variance to the Zoning Ordinance Article III , Section 100-30 [ ] Request for Application of MARIO CASTELLI for a Variance to the Zoning Ordinance, Article III, Section 100-30 for approval of sign as exists of excessive size in 'this "A-40" Residential and Agricul- tural Zoning District and advertising "Landscaping & Sprinklers by Forever Green." Location of Property: South Side of North Road (C.R. 48), Peconic, NY, County Tax Map Parcel No. 1000-69-4- 1.3. WHEREAS, a public 1987 in the Matter of Application No. 3663, hearing was held and concluded on October 8, the Application of MARIO CASTELLI under 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. This is an application for a Variance from the Provisions of Article III, Section 100-30, Subsections A- (2)[a](2) and/or Subsections C(6)~ of the Zoning Code for approval of the construction of a sign which was granted by the Building Inspector under Permit No. 15599Z on Decem- ber 24, 1986. 2. Article III, Section 100-30, Subsection C(6) of the Zoning Code reads as follows: (CONTINUED ON PAGE TWO) DATED: November 4, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appl. No. 3663 Matter of MARIO CASTELLI Decision Rendered October 28, 1987 ...C. [Amended 7-31-73] Accessory Uses, Limited to the followin§... (6) The following signs, subject to the supplementary sign regulations hereinafter set forth... [b] Not more than three (3) signs with a combined total area of not more than seventy-two (72) square feet, no one (1) of which shall be larger than four by six (4 x 6) feet in size, advertising only the sale of farm, garden or nursery products produced or grown on the premises or of animals raised on the premises .... 3. Article III, Section 100-30, Subsection A(2)[a](2) of the Zoning Code reads as follows: ...A. Permitted uses... (2) The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure or other odor or dust-producing substance or use ...within one-hundred fifty (150) feet of any lot line: ... (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products thereof in buildings, subject to the following special requirements:... [2] All signs shall conform to the provi- sions of Section lO0-30C(6)(b)... 4. The sign in question is shown to be situated five feet from the northerly front property line, is doubled in size, each face having a sign area of 6'6" high by 12 ft. wide, plus a 4+ inch high jutted extension at one corner. 5. The wording of the sign is "Landscaping & Sprinklers by Forever Green 765-1900." 6. The premises in question is located in the "A-40" Residential and Agricultural Zoning District, contains a total lot area of 44,263 sq. ft. with 184.08 ft. frontage along the south side of Middle (C.R. 48) Road. 7. For the record, it is noted that the subject premises is improved with a 36 ft. by 82.5 ft. building shown to be set back 50 feet from the front property line, 31± feet from the west side line, 50 feet from the easterly (front) line (at the closest point from the traveled right-of-way), and the subject double-sign structure. 8. It is the position of this Board that: (a) no establishment of the use and occupancy of the premises as an agricultural use has been determined and (b) the issuance of a Permit under #15599Z on December 24, Page 3 - Appl. No. 3663 Matter of MARIO CASTELLI Decision Rendered October 28, 1987 1986 was clearly in error as to not only the size of the sign but as to the ability of the applicant to maintain any sign whatsoever. Accordingly, on motion by Mr. Doyen, seconded by Mr. Goehringer, it was RESOLVED, that under the above circumstances, the relief requested under Appeal No. 3663 in the Matter of the Application of MARIO CASTELLI, IS HEREBY DENIED, and it is further RESOLVED, that the sign(s) be removed immediately and that the Building Permit be revoked and void in its entirety. Vote of the Board: Ayes: Douglass, Grigonis and Sawicki. adopted. Messrs. Goehringer, Doyen, This resolution was duly lk . (_ ,/ //'~-',~/_,--~.--~ J'GERARD P. GOEH~NG~/~/~HAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE //~/~~} HOUR ~'' Town Clerk, Town of Southo~d_ 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 aC the South old Town Hall, Main Road~ Southold, New York, on THURSDAY, OCTOBER 8~ 1987 a~ the following ti~es: 7:35 p.m. Appl. No. 3651 DEAN KAMEN. (Recessed from 9/10/~87). 7:40 p.m. Appl. No. 2592 - BENTE SNELLENBURGo (Recesse~ from 8/20/87) 7:45 p.m. Appl. No. 3668 GERARD Co KEEGAN. Variance to the Zoning Ordinance, Article ×I~ Section lO0-119~i(C) for approval of construction of fence in the easterly frontyard area at a height of six feet. Location of Property: ~6st Side of Founders Path and East Side of Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-64-4-10; Founders Es%ates Loc 39. 7!50 p.m. Appl. No. 3657 - CLYDE FRITZ. Variance to the Zoning Ordinance, Article II~ Section 100~31 for approval of insufficient lot area, width and depth of ~wo proposed parcels fronting along the westerly side of Cedar Lane, Southold~ NY; County Tax Map Parcel No. 1000-78-7-4~.1, containing a total area of .694 of an acre. the 7:55 p.m. Appl. No. 3663 - MARIO CASTELLI. Variance ~o Zoning Ordinance, Article III~ Section 100-30 for approval of si§n as exists Of excessive si~e in this "A-40" Residential and Agricultural Zoning District 'and advertising ~'Landscaping & Sprinklers by Forever Green~" Location of Proper~y: South Side of Nort~ Road (C.R. 48), Peconic, NY; County Tax Map Parcel No. 1000-69-4-1.3 8:10 p.m. Appl. No. 3653 - NORTH ROAD ASSOCIATES. (Recessee from 9/10~/87). 8:15 p.m. Appl. No. 359.3 and No. 3659 - QUZET MAN iNN. (Both hearings recessed-from 9/1Q/87) 8:25 p.mo App!. No. 3664 ANA G. ST~L[O. Variance to rescind prior deci§~on rendered under Aapeal No. 3562 on December ll, 1986 for a conditional approval under ~ew York Town Law~ Section 280-a, and deleting Condition No. 2 of priom decision ren~eree under Appeal No. 3619 on April 2, 1987, and as an alternative being subject co New York To~n Law, Section 280-a over ghe existing Page 2- Notice of Hearings Southold Town Board of Appeals October 8, 1987 Regular Meeting right-of-way approximately 100 ft. to the east of the subject right-of-way (approved or to be approved and accepted by the Planning Board for this set-off division of land), locatee alone the north side of Main Road, Orient, NY; County Tax Map District lO00~ Section 14, Block 2, Lot 26 and Lot 12.2. 8:35 p.m. Appl. No. 3670 - ROBERT H. FREY. Variance co the Zoning Ordinance, Article XI, Section 100-119.2 for per- mission to locate open deck construction with an insufficient setback Crom existing bulkhead at Harbor Lights Estates~ Section I, Lot 10, Southold, NY; County Tax Map Parcel No. 1000=79-04-08. 8:45 p.m. Appt. No. 2669 - MICHAEL AND ELIZABETH LADEMANN. Variances to the Zoning Ordinance, Article III, Section 100-31 and Article XI, Section 100-119o2 for permission to locate new dwelling with insufficient setbacks from ~he northerly front property line along a private a right-of-way ano from the nearest wetland grasses, premises known and referred to as Lot No. 1, Map of Blum and Littell, located along the East Side of Stillwater Avenue, Cutchogue, NY~ County Tax MaD Parcel No. 1000-103-1-19.6. The Board of Appeals will hear at saie 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 conclusion of the subject hearing. For more informa- tion, please call 765-1809. Dated: September 28, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Notice to Newspapers: Please publish once, to wit: October 1987~ and forward six affidavits of publication on or before October 6th to: 3oard of Appeals, Main Roao~ Southold~ NY 11971. Thank you. Disapproved ale (Budding Inspector) ~PLICATION FOR BUILDING. PERMIT ~RU~IONS I=ORM NO. t TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 a. T~s a~p~icati~n m~st be c~mp~ete~y ~ed in by ty~ewr~ter ~rin ink and anbmitted t~ th~ Building ~ns~act~ with 3 ~ets of plans, accurate plot plan to scale. Fee acc~nllng to schedule, b, Plot plan~laowlnglocation allot and ofbaild~n~ on premises, re~ltlonshlp to adjoining premises or public street_~ or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The w~rk c~vered by th~s appilcation may n~t be c~mmeneed bef~ro issurmce ~f Building Pe~nit~ d. Upon approval of this application, the Building In*paeSar will issued a Building Pennis to the applicant. Such permit ~halI bo kept on the premises available for inspection t,hroughout the work. e. No building shall be occupied or mad i~ whole or in part for any purpose whatever until a Certificate of Occupancy shalI have been granted by the Building Inspectm:. APPLICATION IS HEREBY MADE so tho Building Dei~artment for the issuance of a Building Permit pumuant to the Building Zone Ordinance of the Town of $outhold, Suffolk County, New York, and other applicable Laws, Ordinances o~ Regulations, for the construction of buildings, additior~s or alterations, or for removal or demolition, as heroin described The applicant agrees to comply Mth eli appBcable laws, ordinan6e~, building code, hou~ing code, and regulations, and tc admit author/zed inspeCtom on premises and in building for necessary inspections. . .;q.e~..4..~. £.~ ~. ~: ................ t .... -... ..~ ....... ; ...... ~..:... .................... .................... %. ;.~., .~....2.~...~.~.~ .................................................... Sanre of o~vner of premises ... ~A;t~.~ .I.q....0~, ~ .~. ~. ~ .[.[ .1 .................... ' ........ if ~ant is a co,option, signature ofdul~ auJJ3orLzed officer. (Name and title of corporate officer) Builder's IJeense No ......................... Plumber's License No ......................... ~,eet~,~ian's ~icense No. % 55. )...~.~ ..... Other Trade's License No ................... :. 1. Location of land on whinh proposed work will be done .................................................. '~ * ................ .....<?.~..~.~×..~c..¢...5..~.~ ~ ............... %~,~v,~..~.. ....... \.~,- ................. ltouse Number Street Hamlet County Tax Map No. 1000 Section .... .~..~-.~'1 ........ Block....1~. ~d~. ........... Lot.._ I .~. ........... Subdivision ..................................... Filed Map No .............. Lot ............... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .................................................................... ~. I~te~ed u~ o~c~pa~..B.V.~ .~.~..~..~. .... .-¢. :~. ?. ~.~..~.....~. ~. 5 .Il .~.~. ..................... 3.. N;tlure~of work (c~k which applicable): Ne,~.,.~ffding .......... Addition ........ Altera~..¢~) ......... Repair .............. R~movM ............ Demolition Other ~rk. 4. ~timated Cost ....... -~., ~ .... 0 0 ...... ...... ......... Fee .~.7< ...... ........................... (to be paid on Fging th~ appli~ion) 5. If dwell~, number of dwelllng uni~ ............... Number of dwelling units on each floor ................ If ~ge, number of c~ 5. lfbusine~ ceremonial or mixed o~upan~, specify nature =d extent ofeacb ~p, of use ............. ~ ....... 7 D men,ohS of ex~tmg structures, ~y: Front . . ~.D ..... Rear ~ ~ . .. Depth . Height ...[ ~.' ......... Number of $~ofies .. J...; ......... D~ehsions otsame st~cture ~ ~temtions or additions: Front ................. Roar ......... Dep~ ...................... H~i~t ...................... Number 0t Stoges ................. 8. Dimnslons ofentir, new eon~mc~dn: Front ............... Rear ............... Dep~ ............... Height ............... N~bet of~o~es ............................. 9. Si~oflot: Front ..... ~.~.,~ ~ ....... Rear... ~2~ ...... Depth ...~L.~ ~. ~.~ ......... 0. Date of PurcMse ................... Name of Fomer Owner ............................ 1. Zone ~r ~e district in which princes m ~mated... ~ ~ ¢. ,~.. ~(.0. ~.. ~ ................................. 2. Dbes pwPosed cons~nction viOlate any zoMng h~, oMinance or regnlation: ..... ~ ~ ....................... L ~ otbe r~aded ...... ; g ...... ~ ............ Wilt excess fill be ~mov~ from premises~ Nm.::~ Architect ........................... Address .................. Phone No ................ N~e otContmctor ................ Addre~ ........... Phone No...: ~ ....... 5. Zs ih~ prop~ty located ~thtnlO0 feet ~f a tidal werland~ * Yea ..... No .Y... PLOT DIAG~M Locate ;iem-ly ~d distinctly gl bu~d~, whether exisling or proposed, and. indi~te gl ~t-back d~nensions from FATE OF NEW YORK, U SS 0 NTy OF ............... ' ' , (Name of LndividuaI signing ~ove named. ~t~e ....................... .~...t e,..~...~.~, n 2. r.: ............................................. (Contractor~ agent, corporate officer, etc.) f ~a.~d owner or owner~, and is duly authorized to perform or have perfonmed the ~id work and to make and file th~ ~plication; that M; statement~' contained in this application m'e true to the best of his knowledge and bell&; and that the 'ork will be perfo.m~dd in the manner set forth in the application filed therewith. worn to before me this '?" of..t.Q~...,<z.z~.. ~, ...... ~.. ....... '~ .~. tr/¢~. ....... day ~ ~ TOWN OF SOUTHOLD, NEW YORK <~O0 pr~PEA F OM OF ~NSP~CTOR ~~ DEC,S,ON BU,LD, NG APPEAL NO. ~ C~.3 DATE .............................. TO THE ZONING BOARD OF APPEALS. TOWN OF SOUTHOLD. N. Y. '" No~;; ~;o~'~,~ellor~t ........... Street and Number Municipolity 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 ...... ................ Name of Applicant for permit LTL] ....... .... ........ Street and Number Municipality (X/~)PERMIT TO USE ( ) PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY ..~..~**/.'..,~**....**~***~..:.~,..,....~..~***~...~.'.{~.~<.. .......................................... Street ~Hamlet / Use District on Zoning Map District lO00 Section Block Lot ................................................................................. Current Owner ~/~0_ Mop No, Lot ~o Prior Owner 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section aha Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Section 3 TYPE OF AP'PEAL Appea is made herewith for (please check appropriate box) ¢ ~ A VARIANCE to the Zoning Ordinance or Zoning Map , ) A VARIANCE aue ro lack of access (State of New York Town Law Chop· 62 Cons· Lows Art. ]6 Sec 280A Subsection 3 4 PREVIOUS APPEAL A prewous appeal (has) (has not) been mode with respect to this decision of the Building ~nspector or with respect to mm property· ,///~ Such appeal was [ , request for a special permit ( ) request for a variance , aha was made n Appeal No ................................. Dated ............................................................... REASON FOR APPEAL ) A Vcdance to Section 280A Subsection 3 A Variance to me Zoning Ordinance ) requested for the reason that (~ -~ ~r~ ~rr~;~ ~oz~ ZB] . .~ (Continue on other side) REASON FOR APPEAL Continued ~1~ ~' ~* ~f~ t. STRICT APPLICATION OF THE ORDINANCE would produce practical diff~sl~~ sarv HARDSHIP because 2 The hardsh~[~ crearea ~s UNIQUE and is not shared by all properties alike in the immediate vicm~t/ of this property aaa in this use district becc~use £ f2bo ve _ 3 Tiae \ anance would observe the spirit of the Ordinance and WOULD NO'[ CHANGE THE CHARACTER OF THE DISTRICT because OF SOUTHOLD OWNER STREET FORMER OWNER N '~ S ~ECO~D VILLAGE E W ACR, CODE, SUB:' LOT DATE O~: CONSTRUCTION LAND IMP. REMARKS Tillable Meadowland House Plat Total FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD ~. Bldg. Extension Extensibn Ext~ns~gn Porch Deck B reezewCy Garage Foundation Basement Ext. Walls Fire Place Pool Bath Floors Interior Finish Heat Attic Patio Rooms Ist Floor Driveway Rooms 2nd Floor tB ~JON ,Jf',4~Nr /Memorandum from.... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 To: Betty, From: Linda Date: Town Clerk's Office 2/11/88 Attached are photocopies requested today by Kevin Knobloch concerning the Matter of Mario Castelli, premises located at C.R. 48, Peconic, from our file. Kevin indicated he would be picking them up later this afternoon. Thank you. ~vember 17 Lli 23 of the lion whic~ ~nsidered rminatio~ amortize i. ng man DEPARTMENT OF PLANNING COUNTY OF SUFFOLK M~CHA£L A. /OGRANDE SUFFOLK COUNTY EXECUTIVE 360-5513 LEE E. KOPPELMAN DIRECTOR OF PLANNING November 17, 1987 Town of Southold Zoning Board of Appeals Applicant: Marlo Castelli Mun. File No.: 3663 S.C.P.D. File No.: SD-87-27 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning CoF~ission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Con~nents: Appears inappropriate and excessive. Should be amortized and phased out in compliance with zoning ordinance requirements. Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. ll9?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Pursuant to Article XlII 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 Ill, Sectionlo0-30 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal NO.:3663 Applicant: Mario Castelli Location of Affected Land: C.R. 48, Peconic, NY County Tax Map Item No.: 1000-69_4_1.3 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) x× State or County Road, Parkway, Highway, Thruway Boundary of Existing or Boundary of Existing or Other Recreation Area Proposed County, State Proposed County, State or Federally Owned or Federal Park or La or Existing or Owned by. the Lines, Within Within Proposed Right-of Way of Any Stream or Drainage Channel County or for Which The County Has Established Channel COMMENTS: Applicant of excessive One Mile of a Nuclear Power Plant One Mile of An Airport. approval of is requesting size in this "A-40" R~nf~l aris Agr~c,~le,prml Enn~ng D_i.~tri~f Copies of Town file and related documents enclosed for your review. Dated: Noven%ber 13, 1987 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2..~ E;OUTHDLD, L.I., N.Y. llC:J?l TELEPHONE (516) 765-1809 November 9, 1987 John J. Munzel, Esq. 548 Roanoke Avenue Riverhead, NY ll901 Re: Appl. No. 3663 - Mario Castelli Dear Mr. Munzel: Transmitted herewith for your file is recent findings and determination rendered entitled matter. a copy of the in the above- Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Department Rudolph H. Bruer, Esq. Francis J. Yakaboski, Town Attorney ~? 1~99 Z This notice must be displayed during construction and returned to Building Dept, to get a certificate of occupancy upon completion of work. BUILDING INSPECTOR'S OFFICE, TOWN OF SOUTHOLD SOUTHOLD, N, Y. LAW OFFICES OF JOHN d. MUNZEL September 8, 1987 TELEPHONE 516 727-7345 $outhold Town Board of Appeals Main Road $outhold, New York 11971 Attention: Linda Kowalski Re: Application of Mario Castelli Dear Ms. Kowalski: Enclosed herein please find amended surveys indicating exact sign location, and certified return receipts regarding the above application. Please process the application for Mr. Castelli. Please confirm that the public hearing is scheduled for September 18, 1987. If you should have contact this office at the above address and number. Thank you for your courtesy and .~peration in / / JJM: mmc Enc. cc/Marlo Castelli any questions, please do not hesitate to ~ruly yours, ~,'MUNZEL, ESQ. this matter. ~./~'D 'm~rwich, N.Y. 11732  August 28, 1987 Board of Appeals Town of Southold Southold, New York 11971 To whom it may concern: In reference to the attached notice,we are opposed to the sign which has been erected opposite our property. The sign is oversized, larger than regulations allow, and detracts from the lovely rural appearance of the community. We would like the area, which is fast becoming a beautiful wine district, remain as it is, not marred by billboard-type signs. Sincerely. y~rs/~ Alan D. Gould President BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o7 the Petition of l~ Ihe.~.)~d .f Appcah .I Ih(' Iown ul %oulhnhl TO: Alan Gould 124 Split Oak St. East Norwich, NY 11732 NOTICE TO ADOACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to peri[ion [he Board of Appeals of thc Town of Southold to request a ~ (Special Exception) (Special Permit) (Other) [circle choice] cribed as follows: 3. That .~he progert¥ wj~ich is t~e subi~'ct of such Petition is located in the following zoning dis[ricE: 4. lt~a! h¥ such Pelili,m, Ih(* uu(k',,igm, d will tequesl the following relief: signed areS' Thal/L~ t-l-c lethe provisions~of the S,)mhotdsectic~TOwn IZ°ning~) ~?~plicable_ Io lhe relief sough~ hy ~he un.r- I ] ~ction 2~-A, ~w Yo,'k Towi~ Law roi- appi'oval of access over right(s)-oF-~. 6. Tha~ within fi~ days from [he date ~reof, a written Petition r~tin& the relief s~cified above will ~ filed in the ~uthold Town Clerk% ~fice al Main RMd, ~uth~d, ~w York and you ~y then and [~e eumi~ the sa~ during regular office hours. (5[~) ~[80~. 7. That before thc relief ~ought 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 al least five days prior to the da~e of such hearing in the Suffolk Times and in the Long Island Traveler-Matlituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the rilht to appem and be heard at such hearing. Post Office ~ddress TRANSCRIPT~OF HEARING SOUTHOLD TOWN BOARD OF APPEALS R'EGULAR MEETING OF - THURSDAY, OCTOBER 8, 1987 Appl -No. 3663 App.licant(s): MARIO CASTELLI Location of Property: S/s C.R. 48, Peconic County Tax. Map ID No. 1000- ~]~ 2 z~z - /~ Board-Members'present were: Chairman Goehringer Members: Grigonis, Douglass, Doyen and Sawicki. P. Goehringer, Absent was:(None) Also present were: Victor Lessard (Building Dept.) Linda Kowalski, Z.B.A. Secretary, and approximately persons in the audience. The Chairman opened the hearing at 8:15 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the survey indicating the ap- proximate placement of the sign. ~.~And I have a copy of the Suffolk County Tax Map and I have a handwritten... When I was there I didn't have a tape and it appears that one of our more astute members did have one and he did take a ruler and measure the sign and it appears to be 6' 6 high, the sign itself, not the height from the ground, by approximately 12 feet and it's double sided so it's times two. And I have a copy of the Suffolk County Tax Map which I said. Would you like to be heard Mr. Munzel? MR. MUNZEL: Yes. John Munzel for the applicant. At this time, I would like to offer as evidence the building permit and three photo- graphs. I think the photographs probably tell the story as clearly as anything else. Other signs in the area are approximately the same size. They are double-sided although they are on one particular board painted.on both sides. This particular sign varies from that in that, there is actually two signs. The back of each sign is blank. If you just close them up together, you,d have the same thing as you have on the other signs. I don't think that's a substantial difference from the other signs. The neighborhood is one that has a rather I~ of signs. Thin, neighbors apparently, have, if they could put thre~ signs in the area, they ha~e all put signs side by side in order to achieve a large size. Mr. Castelli hired somebody. He obtained a building permit. They constructed that pursuant to the building permit. The cost of that was some 3,500 dollars. The dimension of the sign are substantially i~ conformity with the ordinance. The major difference, being the fact that it's on two pieces of wood rather than the single piece of wood. There is really, it's an. Page 2 - October 8, ~7 Public Hearing - Mar~Castelli Southold Z.B.A. MR. MUNZEL (continued): undue hardship obviously, to tear down the sign that you spent 3,500 dollars for and to construct a new sign. Assuming that this would grant it, I don't think it's setting any precedant in the area. I know it's always an area of considerable con- cern. I think there's a fundamental distinction here in that the applicant did make all the necessary applications. He got his building permit, put it up and it was only after it was up, that the problem occurred. We don't know anybody else who could fit into that fact pattern. We're very very remote. If you looked at the photographs, you'll see photograph number one; is looking west from the opposite side of the street. I think that shows you pretty clearly what the situation is with regards to the neighboring signs east. And number two; is looking east, that was before the mound, the area underneath was landscaped. But you can see the string of signs up the line. They're all substantially the same. And west of course, the third picture, is facing west from the same side of the street. It would ap-. pear that this is one of the classic examples of why a variance should be granted. Do any members have any questions? CHAIRMAN GOEHRINGER: Is that the actual size of the sign as it was measured? Approximately 6' 6 by 12'? MR. MUNZEL: I believe so, yes. CHAIRMAN GOEHRINGER: Well, we'll see what developes. This sign is presently not lighted. Is that correct? MR. MUNZEL: That's correct. CHAIRMAN GOEHRINGER: Thank you. MR. MUNZEL: Thank you. CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak in favor of the application? Anybody like to speak against? Mr. Bruer. MR. BRUER: Rudolph Bruer on behalf of Kevin Knobboch, the neighbor. Mr. Chairman, could I see those photographs? Mr. Chairman, I'd like to take particular issue with the statement made with respect to the sign being in conformity or similiar to the other signs in the neigh- borhood. I know the Board has been out there and I wouldn't be sur- prised if you've measured some of the other signs. And it is my un- derstanding that the other signs that are up there along that strip of land in this residential zone and even those of them are not, do conform to the ordinance. In other words, they are 4 by 6. There might be two signs like my client has two signs on his property. He has informed me and I do ~elieve him, the signs do conform to the 4 by 6 requirements as do the adjoining signs on the street including the rug down to the Cornell piece which I believe is business p~oper- ty. I don't believe here, the applicant has shown substantial undue hardship. Although h~ might have shown some type of practical dif- ficulty in the sense he did (as he did say and I will not dispute him) spend 33 or 35 hundred dollars for the sign. However, I don't Page 3 - October 8, :7 Public Hearing - Castelli Southold Z.B.A. MR. BRUER (continued): think that that price is something that is a real hardship under the circumstances. You have to realize and I'm sure you all know that the variance, if granted, is a variance that runs with the land. 'It's not particular to the individual. The Board will now be saying that because the Building Inspector gave me a building permit, therefore in all instances, you can have a sign greater than what is required by the ordinance. The unnecessary hardship situation is something ~ ~ that must run kind of with the property. It's got to be a uniqueness that deals with the property and I don't think it does in this particular instance in that the rest of the neighborhood, the rest of the signs that are there. And the majority of them were put up prior to this sign. So the gentleman, is by his own observation, prior to erecting this sign, probably should have had a fairly decent idea of what the sign should have been rather than, as my client described it, a sign that dominates the area. It is something that comes in there and it just takes over. It is so big. I go up and down that road everyday and it's been brought to my attention and ~ I've noticed the sign and I was wondering why myself prior to Mr. Knobboch speaking to me about, it was so large. I don't think the applicant has met the, I was going to say the standard of proof. But I'm not sure how the Board~is addressing this matter. Is it addressing it as an area variance or is it addressing it, in this particular instance, a use variance. Have you decided yet? Or as you know, the requirements for a use variance, is substantially greater than the area. CHAIRMAN GOEHRINGER: Can I just ask you a question? Have spoken to you at all concerning this application? MR. BRUER: Not that I recall. CHAIRMAN GOEHRINGER: Has your client had any problems with the Building Department in reference to the type of signs that he has erected there in reference to the wording on those signs or any- thing of that nature? MR. BRUER: He's right here. CHAIRMAN GOEHRINGER: Have you have any trouble Kevin, in the Build- ing Department concerning the wording on the signs or something? MR. BRUER: His own sign? CHAIRMAN GOEHRINGER: His own sign on his property. MR. BRUER: Nothing in writing. Public Hearing - r astelli Southold Z.B.A. CHAIRMAN GOEHRINGER: Do you want to clarify that for us. Because I have a particular problem with understanding this application and maybe you could help me clarify it. MR. KNOBBOCH. Sure. ~Originally, Victor Lessard didn't like the wording Kevin Knobboch, Lawn Care because that's not (quote unquote) considered an agricultural operation. That is the name of my opera- tion as far as lawn and maintenance. It's 6% of my total volume. Therefore, I'm not going to be changing the name of my operation under those circumstances. As far as, Vic had mentioned the wording but that was it. CHAIRMAN GOEHRINGER: I thank you. Do you want to continue? MR. BRUER: I don't want to prolong the hearing. I think I made my point subject to further comment. I don't think the gentleman, un- der the circumstances has suffered a real injury. I'm saying, I know it's a lot of money. But weighing the balance of the neighbor- hood, the signs and so on and so forth, I don't think 35 hundred dol- lars under this circumstance is so substantial that a variance should be granted. I looked at the application. It doesn't talk about uniqueness. It doesn't talk about the area. You remember, this is an agricultural area. It does change the character of the neighbor- hood because the measuring of the signs you will find that the other signs do comply. Thank you. CHAIRMAN GOEHRINGER: Thank you. Mr. Munzel. MR. MUNZEL: First of all, it is fairly obvious that this is not a use variance because signs are an allowed use and this is a sign. If anything, it's an area variance. I would also state that this is one of the ways that theoretically~ comply with the ordinance is simply take a chainsaw and go up the sign and split it twice and make three little signs out of it. That would give you three signs at 72 square feet. I don't think that would be aesthetically pleas- ing. Although, it may conform with the ordinance. I think perhaps I'm prejudice, but frankly, it's the nicest sign in the area. It's most artistic. It's well layed out. It does not obstruct anybody else's sign. And I think, quite frankly, is a credit to the neigh- borhood. I wish some of the other signs would be as nice. Thank ~ you. CHAIRMAN GOEHRINGER: Thank you. like to say anything? Is there anybody else who would MR. HRUER: Just one more comment. Speaking in particular on behalf of my client and his property in relationship to the applicant's property, it has to be understood that they are in competing busi- nesses. No question about it and I don't think that's .... I think my client would be happy to be able ko say alright, let me have a sign as big as he and he'd be happy with it. But that's really not in conformity with the spirit of the neighborhood again. Getting back to what I was just trying to say, the property comes in and they have a common right-of-way access. And as such, in the way Pa~e 5 - October 8, ~7 Public Hearing - Mar~'Castelli Southold Z.B.A. MR. BRUER (continued): that sign is layed out, it really, if you look at it, dominates that spot and unfairly takes advantage of the other properties in the neighborhood, particular a competing property. It is a dominant sign. Thank you. CHAIRMAN GOEHRINGER: Is there anything else that would like to be said? Ok. Hearing no further comments, I make a motion clos- ing the hearing, reserving decision until later. Ail in favor - AYE. Southold Town Board of Appeals MAIN ROAD- E~TATE 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. SAWICKI August 24, 1987 John J. Munzel, Esq. 548 Roanoke Avenue Riverhead, NY ll901 Re: Application of Mario Castelli (Variance) Dear Mr. Munzel: This letter will confirm our telephone conversation with Mindy today requesting the following: (a) exact sign location~ size and all setbacks to be depicted on the enclosed original surveys and returned; (b) certified and postmarked Certified Mail Receipts of Mailing of August 21, 1987; (c) confirmation as to the height, dimensions and wording of sign as exists, and whether it is a single- faced or double-faced sign. We expect that the public hearing on this matter will be held at our September lOth (or 17th) Regular Meeting, and confirmation will be sent to you at a later Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosures (Surveys) By Linda Kowalski Southold Town Board o£Appeals MAIN ROAD- -~TATE 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. SAWICKI Notice of Determination of Non-Si~qnificance October 8, S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLAILATION 1987 APPEAL NO.: 3663 PROJECT NA~: ~4ARIO CASTELLI This notice is issued pursuant, to Part 617 of the implementing regulations pertaining to Article 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 cant adverse effect on the below. the within project not to have a signifi- environment for the reasons indicated 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 IX] Unlisted [ ] DESCRIPTION OF ACTION: Approval. of sign as exists of excessive size in this "A-40" Residential and Agricultural Zone LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: North ~oad (C.~. 48), Peconic, NY 1000-69-4-1.3 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is.not located within 300 feet of tidal wetlands or other critical environmental areas. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals}[i, Secretary, Southold Town Board of Appeals, Town Hall~ Southold, NY 1].971; 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 pr( s by Forever Green." Legal Notices f' ciaWfProperty: South Side ~of Nort~ Road (C.R. 48), Pecan(c, ~ /NY; County Tax Map Parcel No. [ 1000-69-4-1.3. / NOTICE OF HEARING x~ 8:10 p.m. Appl. No. 3653 - NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town L~w and the Code of the Town ofseuthold, the follow- ing hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Seuthold, New York, on THURSDAY, OC- TOBER 8, 1987 at the following times: 7:35 p.m. Appl. No. 3651 - DEAN KAMEN. (Recessed from 9/10/871. 7:40 p.m. AppL No~ 3592 - BENTE SNELLENBURG. I Recessed from 8/20/87). 7:45 p.m. AppL No. 3668 - GERARD C. KEEGAN. Vari- ance to the Zoning Ordinance, Article XI, Section 100-119.1(C) for approval of constructhm of fence in the easterly frontyard area at a height of six feet. Loca- tion of Property: West Side of Founders Path and East Side of Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-64-4-10; Founders Estates Lot 39. 7:50 p.m. Appl. No~ 3657 CLYDE FRITZ. Variance to the Zoning Ordinance,-Article III, Section 100-31 for approval of insufficient Jot area, width and depth of two proposed par- cels fronting along the westerly side of Cedar Lane, Southold, · NY; County Tax Map Parcel No. 1000-78-7-45A, containing a total area of .694 of an acre. :55 p.m~ AppL No. 3663 -~ RIO CASTELLI. Variance ) he Zoning Ordinance, Article / , Section 100-30 for approval % sign as exists of excessive size ( this "A-40" Residential and ~ cultural Zoning District } advertising"Landscaping & ./ NORTH ROAD ~ AS- SOCIATES. (Recessed from 8:15 p.m. Apph No. 3593 and No. 3659 - QUIET MAN INN. (Both hearings recessed from 9/10/87L 8:25 p.m. AppL No. 3664 - ANA G. STILLO. Variance to rescind prior decision rendered under Appeal No. 3562 on De- camber 11, 1986 for a condi- tional approval under New York Town Law, Section 280-a, and deleting Condition No. 2 of prior decision rendered under Appeal No. 3619 on April 2, 1987, and as an alternative being subject to New York Town Law, Sanc- tion 280-a over the existing right-of-way approximately 100 ft. ti) the east of the subjeact right-of-way (approved or to be appeared and accepted by tile Planning Board for this set-off division nf landl, located along the north side of Main Road, Orient, NY; County Tax Map District 1000, Section 14, Block 2, Lot 26 and Lot 12,2. 8:35 p.m. AppL No. 3670 ROBERT H. FREY. Variance to the Zoning Ordinance, Article X[, Section I00-119.2 for perm(s- sion to locate ()pen deck con- struction with an insufficient setback from existing bulkhead at Harbor Lights Estates, Sec- tion I, Lot 10, Southold, NY; C6unty Tax Map Parcel No. 1000-79-04-08. 8:45 p.m. AppL No. 3669 - MICHAEL AND ELIZABETH LADEMANN. Variances to the Zoning Ordinance, Article lit, Section 100-31 and Article XI, Section 100-119.2 for permission to locate new dwelling with in- sufficient setbacks from the northerly front property line along a private aI~[l- -of-way and from the near~gvetland grasses, premises known and re- farted to as Lot No. 1, Map of Blum and Littell, located along the East Side of Stillwater Ay- enue, Cutehogue, NY; County Tax Map Parcel No, 1000-103-1- 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 rtor to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: September 28, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHIilNGER, CHAIRMAN Board Secretary ITOI-5726 STATE OF NEW YORK ! SS: COUNTY OF SUFFOLK ) Christina ContentoofGreenport, 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 a printed copy, has been regularly published in said Newspaper once each week for_~. .... weeks successively, commencing on the [ day of Octoho~ ...... 19 87 Principal Clerk Sworn to banlore me this ~i_ day of . r .... '19.~7 NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of SouthoM, the following hearings will be held by the ~ BOARD OF APP~ ttggular Meeti~ at the south01d Town Hall, Main Road, Southold, NY Ga THU ~DAY, OCTOBER 8. 1987 atone following times: 7:35 p.m. AppL No. ~651: ~N-._.K.bJ~. (Reeessed from 9/10/87). ¢ - 7:40 p.m. Appl. No. 3592- BENTE ' SNi~LLENBURG. (Recessed fmn~ 8/20/87). 7:45 p.ra. ~.qppL No. 3668- GERARDV C. REEG~N. Variance ~ the Zoning ~Dr- dinance, Article Xl, Se~on 100-119.~(C) for approval of con- struction of fence in the easter- ly frontyard area at a height of six fcet~ Location of Property: West Side of Founders Path and Ea~ ~Side_0f~ Hobart Road, Southold, NY; County Tan Map Parcel No. I000-64-~LI0; Founders Estates Lot 39. 7:$0 p.m. AppL No. 3657- CLYDE FRITZ. Variance,to the Zoning Ordinance, Article III, Sectfon 100-31 for approval of insufficient lot area, width, and depth of two proposed parcels fronting along the westerly side of Cedar Lane, Southold, NY; County Tax Map Parcel No. 1000-78-7-45.1, containing a total area of .694 of an acre. tMoh55 p.m. Appl. No. 3663- RIO CASTELLI. Varianc~N e Zoning Ordinance, Arti-I cie Ill, Section 100-30 for ap-] proval of sign as exists of ex- cessive size in this "A-40" Residential and Agricultural Zoning District and advertising "LandSCaping & Sprinklers by Forever G~n." Location of Property: South Side of North Road (C.R. 48), Peconic, NY; County 'Fax Map Parcel No. ~,~..~000-69-4-1.3 :10 p.m; Appl No. 3653- NORTH ROAD ASSOCIATE~. (Recessed fl~m~ 8:15 p.m. AI~L NO, 3593 and No. 3659- QUIET~M~N INN. . ,,water Avenu Cnogue, Ny: ~' e, Cut- Parcel No ;^~OUnty Tax MaG The Bo; L °'103'l'lg.6. hear A. .a.ro of Appeals wil PerSOns or '~"re[~ --u. place all · lng to be ~ ~ .entatlves des r~ abo~ -- . -~aro m each of th* not Start befo.~ .~ , .w.~nng ted. Wr/tte,, ~tne time allot- submitted pr/or to the COnclu. Sion of the subject hearing FOr more information, plea ' 765-1809. se call Dated: September 28, 1987 BY ORDER OF THE SOUTHOLD TOWN GERARD p o~--- ALS BOARD OFAppE . ,. ¢CHAIRMAN ~ ~mda KOwalski, ~ I COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Trav, eler-Watchman once each week for .........................../ weeks successively, commencing on the ........... /. ......... Sworn to before me this 5~ day of ...... ......... Notary Public BARBARA FORBES Notary l~ubl/e, State of New York No. 4S06~6 Qualified in Su££ulk County Commission Expires ~e~ -~ / 1~ /'aP ,JOHN d. MUNZEL August 21, 1987 Zoning Board of Appeals Town of Southold Main Road Southold, New York 11971 Dear Re: Sir/Madam: Application of Mario Castelli for sign variance Dist. 1000 Sect. 069.00 Blk. 04.00 Lot 001.003 Enclosed herein please find the following: 1. Copy of Notice of Disapproval 2. Application in triplicate 3. Short Environmental Assessment Form 5. ZBA Questionaire 6. Four prints of survey 7. Copy of Building Permit 8. Copy of Deed 9. Tax Map 10. Check for $150.00 to cover the filing fee of application If all is in order, please process application accordingly and notify us of the hearing date as soon as practicable. If you should have any questions, please do not hesitate to contact this office at the above address. ~nd number. Thank you for your courtesy and co/~e, ration in this matter. Verily· yours, JJM: mmc Encs. cc/Mario Castelli LAW O~FICE$ Of JOHN J. MUNZEL S~ ROANOKE AVENUE AFFIDAVIT OF MAILING STATE OF NEW YORK) )ss.: COUNTY OF SUFFOLK) Mindy M. Clay, being duly sworn, deposes and says: Deponent is not a party to the action~ is over 18 years of age and resides at Manorville, New York. That on the~/~ay of August, 1987, deponent served a copy of the within Notice to Adjacent Property Owner by Certified Mail by delivering a true copy of same enclosed in a post-paid wrapper, by certified mail, in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State, addressed to each of the following address set forth after each name: SEE ANNEXED LIST Sworn to before me this~/ day of August, 1987. persons at the last known MINDY M~. CLAY / / Public, Stero of N~w No. 4814500 JOHN J MUNZEL Julia Sepenoski Peconic, NY 11958 Henry Goetz 148-22 9th Ave. Whitestone~ NY 11357 Richard Noncarrow 3095 Pinetree Road Cutchogue, NY 11935 Alan Gould 124 Split Oak St. East Norwich, NY 11732 Verna Fitzpatrick Mechanic St. Southold, NY 11971 Kevin Knobloch P.O. Box 261 Peconic, NY 11958 Kevin Knbloch P.O. Box 261 Peconic, NY 11958 Helmut Hass 35450 County Rd. 48 Peconic, NY 11958 Mr. & Mrs. Gerald Gralton Middle Road, Box 153 Peconic, NY 11958 Ruth Enterprises Inc. 325 Willow Point Rd. Southold, NY 11971 Suffolk County DPW, Yaphank, NY 11980 Mr. & Mrs. Louis Walters Box 101 Peconic, NY 11958 LAW OFFICES OF JOHN J. MUNZEL 5~8 ROANOKE AVENUE RIVERHEAD. NEW YORK Florence Wicks iBox 314 iSouthold, NY 11971 Mr. & Mrs. John L. Bednoski, 34570 CR 48, Box 145 Peconic, NY 11958 William Buckingham, Est C/O William Midgley, Jr. Cutchogue, NY 11935 Barr Vineyard Ltd Box 287 Cutchogue NY 11935 Jr. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o~ the Petition of Iq lh~ BVatd *d Appeals of It1(' lows of %oulbold TO: NOTICE TO ADd ACENT 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 ~ (Special Exception) (Special Permit) (Other) [circle choice] cribed as follows:2' That the property! ~-'LJ()which- ~is~hel_7 s~ j.~ec t ofl~,~the Petition ih located adiacent to your property and is des- 3. ]hal the prol~ert~ which is t.h,e subii~ct of soch Petition is located in the following zoning district: 4 Ill.il b~ suti~ Pelili~m. Ih(' undcrsignrd will request Ibc h)lh)wif~g relief: '~ 5. 'lhal the provisions of fl~e ~outhold lown Zoning Code a~pii~able to the relict sought hy lhe under- [ ] Section 280-A, New York Town Law for approva] of access over r~ght(s)-of-uay. 6. That within five days from the date he,eof, a written Pelition requesting the relief specified above will 'befiledin theSouthold Town Clerk's Officeat Main Road Southold. New York and you may then and there examine lt~e same during regular office hours (516) 7~5-1809. 7. I-hat before the relief ~ought 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 lown 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. Owners'Names: Post Offic~ Address PROOF OF MAILING OF NOTICE_ ATTACH CERTIFIED MAiL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: , residing at __~ being duly sworn, deposes and says that on the day of ., 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 Southold; that said Notices were mailed at the United States Post Of- fice at .......... ; that said Notices were mailed to each of said persons by (certified) (registered) mail. day of ,19 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners,) (a) Xn order %o answer tho quostion~ in thiD short CA:" ia lo o;g~mgd that the preparer will u~e currsn~ly availabl~ ~nfo~n'~tlon concocting tho prefect and (b) If any question baa been answered 'fe~ thn project ~'ny be r~.fnif/~ant and a cement%ed gnvircr~.ental Assessment Fo~ i3 neccssa~l'. not a~gnif%can%. 1, W~I ~rojgct ros~% In a large phy~lcai ~, Will %hero b~ a ~3or chnng~ %o any un%quo or unu=a-~ land fo~ found on tho slt~? , · , Yo~ / 3. W~i ~:'oJcc% al%or or have a lar6u uff.~.:t~c.n an exls%lnS body of wa%ur? , ...... lc: / g. W~! ~rcJec% have a potentially lax'gu ivpacb on 5. W~i ~.oJect-- ~t~ificaatly. gffcct draJna~'o~ .~_c./- -plan~ sr ani~%% species'? . · . ..... __ Y~;, / 8, W~I ~rc3ec% hava'a ~.a3or effect cn vi~ml char- kno~.~ :o bo L~portan~ %o tho co;n~uni%y'; , . , --__ Ye~ ufo of his~orl¢~ pro-his%or,c, or pul~ontolcglcs! ~zDor%nnca or any site designated as e critl~al onv%r:amcn~l area by a local agency? . . , Yo~ .~ 10. W~l project have a ~3or effect on ex!u~.~ or future recreational opport.~itio~? , · , __ Yc~ Will ~rojoct result' in ~J~r trnfflc prcblean or cauce a major effoc~ to existing t. ran:?ortatlon 12. Will project rog~ar!7 cause objactiona[!e cdor~:, 1), WI._ ~roJect have any i~npact on public health or QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH Y~UR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals, to change, or alter land contours? Yes ~ 2.a) *b) 3. 4. 5. 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.) N~ Are there any areas open to a waterway without bulkhead? Yes Are there ex~sting structures at or below ground level, Yes such as patios, foundations, etc? Are the~e any existing or proposed fences, concrete ./.Z~.~ barriers, decks, etc? Yes If project is proposed for an accessory building or ~_~ structure, is total height at more than 18 feet above Yes average ground level? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above Yes average ground level? State total: ft. Are there other premises under your ownership abutting this parcel? If.yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership,'if any)? State Permit # and Nature: Yes No lO. ll. Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Yes ~ Town Board Yes Town TrUstees Yes County Health Department Yes Village of Greenport Yes N.Y.S.D.E.C. Yes Other Yes Is premises pending a sale or conveyance? If yes, please submit copy of namgs or purchasers (~ and conditions of sale.(from contract). Yes v Is new construction proposed in the area of contours (~[-~ at 5 feet or less as exists? . ~ N( If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an (~ inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? 13. Please list present use or operations conducted subject property at this time ~.]~.*~,~_~ and proposed ~- ~ *Please submit photographs for the record. I certify that the above statements are true and are being submitted for re l ~A ~9~ ' iance b th~ Board of A peals in considering my application. SigiT3-~6~re I(Property ~.~lr) (Authorized Agent) Yes u&on the 3/87 l k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of tho 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: (I) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mcan low tide are covered by tidal watcr~ to a maximum dep?.h 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, meadows, fiats ami tida! marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and Iow march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of thc mo:~t hmdward edge of such a ti(Iai wetland. FRESttWATEP. WETLAN DS: (1) "Freshwater wet]ands" as defined in Article 2,1, tlc 1, § 24-0107, Subdivisions l(a) to lid) inclu.~;ivc, of the Environmental Conservation Law of tho State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection i~(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "fl'eshwater wetland." 9705 Telephone 516-765-1937 Tax Map Number 68-4-18 68-4-19 68-4-20 69-1-1.3 69-4-1.1 69-4-1.2 69-4-1.4 69-4-2.1 69-4-2.2 69-4-3 69-4-4 74-3-1.1 74-3-2.1 75-1-1.1 BOA ORS Sot Boundary Owners Within 500 Feet Ra~i~ for Castelli 1000-69-4-1.3 JUL 3 $1987 Owner & Address Julia Sepenoski Peconic, NY 11958 Henry Goetz 148-22 9th Ave Whitestone, NY 11357 Richard Noncarrow 3095 Pinetree Road Cutchogue, NY 11935 Alan Gould 124 Split Oak St East Norwich, NY 11732 Verna Fitzpatrick Mechanic St Southold, NY 11971 Kevin Knobloch P.O. Box 261 Peconic, NY 11958 Kevin Knobloch & Ano P.O. Box 261 Peconic, NY 11958 Helmut Hass 35450 County Rd 48 Peconic; NY 11958 Gerald Gralton & Wf Middle Road, Box 153 Peconic, NY 11958 Ruth Enterprises Inc. 325 Willow Point Rd Southold,NY 11971 Suffolk County DPW, Yaphank, NY 11980 Louis Walters & wf Box 101,Peconic, NY 11958 Florence Wicks Box 314 Southold, NY 11971 75-1-1.2 LONG ISLAND RAILROAD 75-1-6 75-1-20 John L Bednoski Jr 34570 CR 48, Box 145 Peconic, NY 11958 William Buckingham, Est C/O William Midgley Jr Cutchogue, NY 11935 Barr Vineyard Ltd Box 2&7 Cutchogue, NY 11935 TO[VN OF SOUTHOLD EAF ENVIRO;IHENTAL ASSESSMENT :'PART Z Pro~ect Information NOTICE: This docu~nt (- desk?ned to assist in determining whether the action p~oposed may have a significant effect on the er~vlecq,~nt. Please com~.lete the entire Data Sheet. Answers to these questions will be considered as oart of the ~)ication for apl)royal and may be subject to further verification and.~ublic review. Provide any additional ln~or,m~ion you believe will be needed to complete PARTS 2 and 3. )t is exoecteo that co,~ol~.tion of the EAF will be dependent on information currently available and will not involve new studies, research or investiqation. If tnfor~ation requirina SUCh additional work is unavailable, so indicate and s~ecify each instance. · NA~IE OF PROJECT: AOO~ESS ANn NAME OF APPLICANT: {Zip) NAME AND~ADORESS OF OWNER (If Different) (Name) ' {P.'~d ' (State) {Zip} BUSINCSS PHONE: OESCRIPTIO~ OF PqOJECT: (Briefly describe type of broJect or action) (PLEASE COMPLETE EACH QUESTION - Indtcate M.A. if not applicable) SITE DESCRIPTION . (Physical setting of overall project, both develoned and undeveloped areas) 1. General character of the land: Generally uniform slop Generally uneven and rolling or irregular ~. ~_n~Jent land use: ~U~an , Industrial , Co~mnercial , Suburban Rural Forest :~, Agriculture~)(.. , Other '" " -' 3.Total acreage of project area: / acres. Presently After Completion Approximate acreage: Meadow or Brushland Forested earth or fill) Roads, buildinQs ~oricultura! 'l~tland (Freshwater or Tidal ~s net Articles ~4 -c r.C.L.) Other (indicate tyne) soil type{s) on nrolect site? ---.~--~4·J').J.____ Presently After Completion acres ___ac~es Approximate oercentape of proposed oroject site with slooes: 0-10:~I~: 1A-I~ greater. %. :; 15~ or Is project contiguoq~/to, or contain a buildinn or site listed on the National Register of Historic Places? Yes ~No ' 8. What is the depth to the water table? _.. feet g. Do hunting or fishing opportunities presently exist in the project area? Yes 10. Ooes project site cont~n/~ny species of plant or animal life that is identified as threatened or endannered - 'Yes ~Io, according to - Identify each species - 11. Are there any unique or un4~l~Jal land forms on the project site? {i.e. cliffs, dunes, other geological formations - . Yes /~No. (Describe / 12. Is the project si~e~resently used area - Yes 7 No. by the con~nunity or neighborhood as an open space or recreation 13. Does the p ,rm~oSite offer or include scenic views or vistas known to be important to the co~nunity? Yes 14. Streams within or contiguous to project area: a. Name of stream and name of river to which it is tributary 15. Lakes, Ponds, ~etland areas within or contiguous to project area: a. I(ame ; b. Size (in acres) 16. What is the dominant land use and zoning classification within a 1/4 mile radius of the project {e.g. single family residential, R-2) and the scale of development (e.g. 2 story). ~L.~._~F~.~S~ ~_~_~l B. PROJECT DESCRIPTION ). Physical dimensions and scale of project {fill in dimensions as appropriate) a. Total contiguous acreage owned by project sponsor /~ acres. b. Project acreage developed: acres initially; __ acres ultimately. c. Project acreage to remain undeveloped d. Length of project, in miles: (if appropriate) '~-~ If project is an expansion of existing, indicate percent of expansion proposed: building square foot~ f. )lurer of off-str~et parking spaces existin~ ; proposed g. Maximum vehicular trips generated per hour ~upon completion of project) h. If residential: Number and type of housing units: /~)~_ ~ne Family TWO Family Multiple Family Condominium Ultimate If: Orientation ;!eig~bornooa-City-Regional ConTnerclal Estimated Employment Industrial J. Total he)g~t of tallest ~ronosed Structure ~/~ feet. -2- How much natural material (i.e. rock, earth, etc.) will be removed fro~ the site - Yt~{~ir tons / cubic yards. 3. How many acres of veqetation (trees, shrubs, ground covers) ~ill be removed fro~ site - acres./~/~ 4. Will any mature forest ~ver 100 years old) or other locally-important vegetation be removed Dy tn~s project? Yes 5. Are the re any plans for re-vegetation to replace that removed during construction? __Yes 6. If single Dbase project: Anticipated period of construction months, (including demolition). 7. If multi-phased project: a. Total'number of phases anticipated No. b. Anticipated date of commencement phase I month year ~!ncluding demolition) c. Approximate completion date final phase month year. d. Is phase I financially dependent on subseouent phases? __Yes NO B. Will blasting occur during construction? Yes ~ g. N~m~ber of jobs generated: during construction__; after project is complete lO. Number of jobs eliminated by this project__ y/r)/~ ll. Will project require relocation of any projects or facilities? 1Z. a. Is surface or subsurface liquid waste disposal involved? b. If yes, indicate type of waste {sewage, industrial, etc.) 13. 14. 15. 16. 17. 18. lg. Yes __~No. If yes, explain: Yes c. If surface disposal name of stream into which effluent will be discharged Will surface area of existing lakes~l)onds, streams, bays or other surface waterways be increased or decreased by proposal? Yes ~No. ./ Is project or any portion of project located in the 100 year fl,.do, plain? Yes ~, No ~X a. Does project involve disposal of solid waste? Yes b. If yes, will an existing solid waste disoosal facility be used? __Yes )~o c. If yes, give name: : location d. !lill any wastes not go into a sewage disposal system or into a sanitary landfill? Yes Will prnject use herbicides or pesticides? Yes ~No Will project routinely produce odors (more than one hour oer day)? Yes '~'No Will project produce operating noise exceeding the local a~bience noise levels? 4ill project result in an increase in energy use? Yes Yes ~No. If yes, indicate type(s) -- ho 20. If water supply is from wells indicate pumping capacity 2). Total anticinated water usage per day pals/day. 22. Zoning: gals/minute. ~/~ _ Current specific zoning classificat,on of sike /~ ~-/~ ~.~i I ~ / If no. indicate desired zo~,nq ~~ 26. Is any Federal pe~it required? Yes ~ No Does project involve State or Federal funding or financing? --- c. Local and Regional approvals: Approval Required (Yes, No) (Type) Submittal Approval {Date) (Date) City, Town, Village Board City, Town Villaqe Planning Board ~'*~it~, Town, Zon~n~ Board ~,, County ~altn uepart~nt Other local agencies Other regional agencies State Agencies Federal Agencies INFOR>K~TIONAL DETAILS REPRESENTING: DATE:  e needed to clarify your projeJt. If there are or may be any l, please discuss such i~pacts and the ~asures which can be -4. DISTRICT 1000 SECTION 069.00 BLOCK 04.00 LOT 00~.003 !017.4' 25 s?ao ~ D~DF~ m~ the ~-~y .! October , m~ hua~/ .,a eighty-six ROBERT GUARRIELLO, residing at (No %) Main Road, Southold, New York 11971 F~RIO CASTELLI and CAROLE CA~TELLI, his wife, both residing at 380 Garden Court, Southold, New York 11971 . .W~.. ~, that the par~ of ~ ~t ~, in ~si~ o~ T~ ~l~s and ~h~ v~ble ~ide~on ~d by t~ ~ o~ ~e ~nd ~n, ~ ~by g~ and ~ ~to ~ ~y o[ ~ ~nd ~n, ~ ~rs or su~ and ~si~s o{ t~ ~ of t~ ~nd ~ Ior~, his undivided one-half interest ~~ at Pecon~c, ~own of Southold, County of Sta~e of New ~ork, more particularly ~unded and described as fo 1lows: BEGINNING at a point on the southerly side of Middle Road (C.R. 48) said point being where the ngrtheast corner of land of Case inter- sects the said southerly side of Middle Road, and from said point of beginning / RUNNING THENCE along the sou(herly side of Middle Road, North 60 degrees 49 minutes 30 second~ East 184.08 feet to a point; RUNNING THENCE South 25 degrees 27 minutes 40 seconds East 245.34 feet; RUNNING THENCE South 60 degrees 49 minutes 30 seconds'West 177.51 feet to land of Case; RUNNING THENCE North 26 degrees 59 minutes 40 seconds West 245.00 feet to the point or place of BEGINNING. SUBJECT TO a right of way 15 feet wide along the easterly boundary of the subject premises for purposes of ingress and egress and utility service to lands located south of the subject premises. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part and Mario Castelli and Carole Castelli, his wife, by deed dated July 12, 1985, and recorded in the Suffolk County Clerk's Office on July 23, 1985, in Liber 9836 page 238. The above described premises are not encunLbered by a credit line mortgage. Robert 'Guarriello lSVaO 10174 26 On ~e T' --day of October 1986 , before me to me known to be the individt~l described in and who he ~ecuted the ~'ne. ~ ~ / ~'[ Notary Publ~ I - On the day of 19 , before me to me known, who, being by me duly sworn, did depose and say that he resides at No. ~t be is the , the corporation describe~ in ~d which e~ecuted the foregoing instrument; that he knows the seal of said corporation; that the se~l ~fflxed to said instrument is sue~, corporate seal; that it wq so ~ffixed by oeder of the board of directors of said corpora- tion, sad tl~t he sig'aed h r.~me thereto by like order· On the cLxy o( 19 , belore me personally came to me known to be the indivldu~l described in and who executed the foregoing instrument, and acknowledged that STATE O~ NEW YORK, COUNTY OF ss: On the d~y of 19 , hefore me persorally came the subscribing wkness to the forego?ng instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides st No. that hc knows to be the individual described in and who executed the foregoing instrument; that he. said subscribing witness, was present mhd saw execute the same; and that he, said witness, · t the s~ne time subscribed h name ~s witness thereto. TtT~E No. ROBERT GUARRIELLO TO MARIO CAS~ELLI and CAROLE CASTELLI First American Title l~urar, ce Company of Ne~o York J. KEVIN McLAUGHLIN Attorney at Law P.O. BOX 803 GREENPORT, ~.Y. 11944 fi) MILL RD COUNTY OF SUFFOLK Tow. o~:S~UTHOLD ~4. County Center IJDISTRICT"O:'IO00 Property Tax Service Agency R~erhead L New York 074 PROPERTY MAP Legend L Legend (~) COUNTY OF SUFFOLK !~,~% S~OUT-HOL-D J Real Properly Tax Service Agency lVL~L*~OF ~ ~ Rwerhead L I New York ~-'-' ~ 068 PROPERTY MAP h'IAR OF PF2.0PE "F' ¢' ;AT' P. ECEJ:NJ~ , SUFFOLK CO. HEARTH DEPT. .~/~1~ O¥~,L ~, .. s, NO.C WAT~;kSU~k *~Y~EMS FJ~r THIS RESIDENCE SUFFOLK 'CO, DEPT. OF HJ ~,UFFOL,K ~OUNTY' ' DEPT. OF ;ERvICE$ - FOR APPROVAL RUCTION ONLY ' ' H. S. REF. NO.: G I,O,- ~ .... D: L, P.- . t~IDDLE /76 IN ANY M~NE~ T~T W~ ~LT I~ / 72 / 71 'NAP ,,OK ~'PP,:O P E'?---T",7'',