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Home My WebLink About3452 Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHO/O, L.I., N.Y. 11cj71 -_ , ... · '"',I~TEL.~EPHONE (516) 765-1809 ACTION OF THE ZONING BO;~RD OF APPEALS Appeal No. 3452 Application 'Dated January 9, 1986 (Public Hearing March 13, 1986) TO: Mr. Paul F0restieri [Appellant(s)] 300 East 54th Street New York, NY 10022 At a Meeting of the Zoning Board of Appeals held on April ]6, ]986, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III , Section ]00-3], Bulk Schedule [ ] Request for Application of PAUL FORESTIERI for Variances to the Zoning Ordi- nance, Article III, Section 100-3], Bulk Schedule for permission to locate new dwelling with insufficient front and rear yard setbacks. Location of Property: East End of Soundview Avenue.(South End of Fasbender Avenue), Peconic; Bailey Park Subdivision, Lots 1, 2, 3, 4, 5; County Tax Map Parcel No. 1000-67-06-004. WHEREAS~ a public hearing was held and concluded on March 13, 1986, in the Matter of the Application of PAUL FORESIIERI under Appeal No. 3452; and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application; and it is noted for the record that no public opposition has been received; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, as well as the surrounding area in this Residential and Agricultural Zoning District; and WHEREAS, the board made the following findings of fact: 1. The property in question is situated along the west side of Sound View Avenue (a private road), in the Hamlet of Peconic, New York, is known and referred to as Lots 1 to 5, inclusive, Subdivision Map of Bailey Park (1932), and is identified on the Suffolk County Tax Maps as District 1000, Section 67, Block 6, Lot 4. 2. The premises as exists contains a total area of 13,400± sq. ft., road frontage of 295.8 feet, and depth at the deepest angle (to the north) of 83.8 feet. The premises is presently vacant. 3. By this application, appellant requests approval of the placement of a new single-family dwelling with an insufficient front- yard setback at not closer than 17'6" from the easterly property line along Sound View Avenue (a paper road) and with an insufficient DATED: May 13, 1986. CHAIRM3kN, SOUTHOLD TOWN OF APPEALS Form ZB4 (rev. 12/81) ZONING BOARD Page 2 Appeal No. 3452 Matter of PAUL FORESTIERI Decision Rendered April 16, 1986 rearyard setback at not closer than 17'6" from the westerly property line. The proposed dwelling will be set back not closer than 15 feet from the northerly (side) property line. The depth of the proposed dwelling at the southerly end is 17'6" and at the northerly end 22'6", more or less. 4. It is the opinion of the board that the appellant has chosen the most feasible location of the proposed dwelling and has requested the absolute minimum relief under the circumstances. The unusual shape and character of this parcel lends to the practical difficulties in this case, and the board agrees fully with applicant's reasoning. Ih considering this appeal, the board finds and determines: (a) that the relief requested is the minimum necessary under the unique circumstances of the lot in question; (b) that the granting of the variance will not in turn cause a substantial effect of increased population density or be adverse to the safety, health, welfare, comfort, convenience and order of the town; (c) the information submitted is sufficient to warrant a granting of the variance requested; (d) the practical difficulties are unique; (e) in denying the relief requested, the interests of justice would not be served; (f) there is no other method feasible for appellant to pursue other than a variance. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the relief requested in the Matter of the Application of PAUL FORESTIERI under Appeal No. 3452 for placement of new single-family dwelling with an insufficient frontyard setback at 17'6" and insufficient rearyard setback at 17'6", BE AND HEREBY IS GRANTED AS APPLIED, SUBJECT TO THE FOLLOWING CONDITION: That there be no further front or rear yard setback reduc- tions to less than 17'6" in the future. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass, and Doyen. (Member Sawicki was absent.) This resolution was duly adopted. lk May 13, !1986 ~ TkE £O~J'IifCLD TOV/ii CLLZK Town Clerk Town of Sou~}~old 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 public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY~ MARCH 13~ 1786, and as follows: 7:30 p.m. Appeal No. 3432 - Recessed Hearing in the Matter of JOHN AND JOYCE HOLZAPFEL. 7:35 p.m. Appeal No. 3457 ~ RALPH AND LUCILLE STOCKER for permission to construct new ~welling requiring Variances to the Zoning Ordinance: (1) Article III, Section 100-31, Bulk Schedule, for excessive lot coverage, and (2) Article XI, Section 100-119.2 for reduction in the required ~etback from bulkhead and tidal waters to less than 75 feet. Location of Property: t080 Maple Lane (a/k/a 55 Snug Harbor Road), Greenport; Cleaves Poin~ Section 3, Map #4650, Lot 59; County Tax Map Parcel No. 1000-35-05-28. ?//~ p m Apoeal No. PAUL FORESTTERI for Variances to 7-40 3452 the Zoning ~r~inan~ce;~Articl~'I~II~ect~, Bulk Schedule for permission to locate with insufficient front new dwelling and rear yard setbacks. Location of Property: East End of Sound View Avenue (South End of Fasbender Avenue), Peconic; Bailey Park Subdivi- ~ sion, Lots 1, 2, 3, 4, 5; County Tax Map ~arcel No. 1000-67-06-004. 7:45 p.m. Appeal No. 3470 - ATHANAS AND RUTH ZAMPHIROFF for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for permission to construct addition of 190_* sq. ft. in area which will exceed the maximum-permitted the lot coverage requlrement of 20%. Location of Property: 17195 Main Street (a/k/a 720 Second Street), New Suffolk, NY; County Tax Map Parcel No. 1000-117-08-13. 7:50 p.m. Appeal No. 3447 PUDGE CORP. for a Special Exception to the Zoning Ordinance, Article VIII~ Section lO0-80(B) for permission to establish one or more of the following uses within the buildings proposed to be constructed as shown by site plan revised 7-9-85: professional offices; electrical contractor shop; plumbing shop; furniture repair shop; carpenter shop~ cabinet shop; printing estab- lishment; food processing~ packaging of machine parts to be shipped; such uses as. allowed in this C,1 Heavy Industrial Zoning District. Location of Property: East Side of Horton's Lane, Southold, NY; County Tax Map Parcel No. 1000-63-01-10. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13, 1986 7:55 p.m. Appeal No. 3459 - 125-127 MAIN ST. CORP. (MILLS & CO.) for a Special Exception to the Zoning Ordinance~ Article VIII, Section lO0-80(B) for permission to utilize premises and construct addition for the manufacture of sails, canvas products and related items, and office and storage area incidental thereto~ in this "C-Light" Industrial Zoning District. Location of Property: 74100 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-45-06-006. 8:00 p.m. Appeal No. 3465 VELIMIR AND HEDA VRANKOVIC for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for appnoval of the construction of second-story deck addition with an insufficient frontyard setback. Location of Property: 1625 Sandu Beach Road (a/k/a 55 Bay Road), Greenport, NY; County Tax Map Parcel No. 1000-43-04-45. 8:05 p.m. Appeal No. 3460 MICHAEL J. PERLMUTTER, M.D. for a Variance to the Zoning Ordinance, Article III, Section lO0-30(C)[l](a) for permission to utilize premises and addition for accessory home occupation use (physician's office) in excess of maximum-permitted 30% first floor area. Location of Property: 2035 Theresa Drive, Mattituck; Deep Home Creek Estates Filed Map 4256, Lot 59; County Tax Map Parcel No. 1000-115-16-15. 8:10 p.m. Appeal No. 3450 ROSALIE GOWEN for ~ac~ance$_to]tbe~ Zoning Ordinance, Article III, Sec.tion 100-31, Bulk Schedule, for approval of: (1) insufficient lot area, (2) insufficient lot width, (3) insufficient lot depth, of two parcels as proposed in this pending set-off division of land located at the corners of Zena Road, Cpt. Kidd Drive and Central Drive, Mattituck, NY; Cpt. Kidd's Estates Filed Map #1672, Lots 134, 153, 154; County Tax Map Parcel No. 1000-106-02-32 and 43. 8:20 p.m. Appeal No. 3474 - DAVID M. JOHNSON for a Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for permission to construct addition with an in, sufficient sideyard setback and in excess of maximum-permitted 20% lot coverage. Location of Property: 385 Corey Creek Road, Southold, NY; County Tax Map Parcel No. 1000-87-5-13. 8:35 p.m. ~ Appeal No. 3463 - EDMUND PRESSLER for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, and Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13, 1986 Article VII, Section lO0-70(A)[1](d), for permission to utilize premises of 682912 sq. ft. in area as a continuing nonconforming two-family dwelling and add two retail sales/office uses in this "B-l" General Business Zoning District. Location of Property: North Side of Main Road, Southold~ NY; County Tax Map Parcel No. 1000-63-3-26. 8:45 p.m. Appeal Nol 3455 KATHLEEN VARANO for a Variance to the Zoning Ordinance, Article XII, Section lO0-121(D)[1] for a clarification and/or correction of the interpretation of the Building Inspector of Condition tn Appeal No. 3330 rendered by the Board of Appeals May 2, 1985 which allows no sleeping or living quarters in the accessory garage/apartment structure. Location of ProDer~y: 6600 Io'r 6750) Indian Neck Road, Peconic~ NY; County Tax Map Parcel No. 1000-086-07-004. 8:55 p.m. Appeal No. 3421 Recessed Hearing JOSEPH ZIELONKA to be reconvened. ESTATE OF 9:05 p.m. Appeal No. 3451 BEDELL WINERYIVINEYARDS for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[14] for permission to establish winery use from grapes grown on the premises, located at 36225 Main Road~ Cutchogue, NY; County Tax Map Parcel No~ I000-85-02-10. 9:10 p.m. Appeal Noo 3456 ~ RICHARD AND ANITA WILTON for a Variance to the Zoning Ordinance, Article III~ Section 100-31, Bulk Schedule, for approval of proposed lots Laving insufficient area, width andtor depth in this pending-division of land, located at the East Side of Queens Street, Greenport, NY; County Tax Map Parcel No. 1000-40-3-6. 9:20 p.m. Appeal No. 3466 ~ GREGORY SIMONELL~ for a Variance to the Zoning Ordinance, Article" III~ Section 100-31, Bulk Schedule, for approval~of proposed lots having insufficient area and width in this pending division of land, located at the East ~d~So~th Sides of Grand Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-107-02-04. 9:25 p.m. Appeal No. 3475 -JOSEPHH. SAWICKI, JR. for a Variance for approval of access pursuant to-New-York Town Law, Section 280-a, over a private right-of-way located off the South Side of Old North Road, Southold, NYz premises presently of Schaefer and identified on the Suffolk County ~ax Maps as Distri. ct 1000, Section 55, Block 2, Lot 4. 9:30 p.m. Appeal No. 3453 ~ ~AMUEL K.C. and ELIZA PLIMPTON KOPPER for a Variance to the Zoning Ord. inance~ Arti-cle II}, Section 100-31, Bulk Schedule, for approval of proposed three lots having insufficient area and width located along the ~est side of Indian Neck Road, Peconic, Page 4 Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13, 1986 NY; County Tax Map Parcel No. 1000-86-4-1.2, consisting of a total acreage of 5.00. The Board of Appeals will hear at said time and place all persons or repre~entatiyes d~siring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the hearing in question. For more information, please call 765-1809 (alt. Dated: March 4, 1986. lk BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD Po GOEHRINGER, CHAIRMAN INSTRUCTIONS TO NEWSPAPERS: March 6, 1986 and forward Board of Appeals, Main Road, before March ll, 1986. Please publish once~ to wit: affidavits of publication to: Southold, NY 11971, on or Copies to the following 3/4/86: Mr. and Mrs. John Holzapfel, 825 South Harbor Road, Southold, NY 11971 Mr. Garrett A. Strang, Architect for Mr. and Mrs. Ralph Stocker, P.O. Box 1412, Southold, NY 11971 Mr. Paul Forestieri, 300 East 54th Street, New York~ NY 10022 Mr. and Mrs. Athanas Zamphi~off~ P.O. Box 255, New Suffolk, NY 11956 Mr. James Gray, Sr., Pud~e Corp., P.O. Box 1465, Southold, NY 11971 Mills & Co., 125-127 Main St. Corp., 125 Main Street, Greenport, NY 11944 William D. Moore, Esq~ (c/o R.F. Lark, Esq.), P.O. Box 973, Cutchogue, NY for Mr. and Mrs. Velimir Vrankovic Michael J. Perlmutter, M.D., 2035 Theresa Drive, Mattituck, NY 119.52 Abigail A. Wickham, Esq. for Mrs. Rosalie Gowen, Box 1424, Mattituck 11952 Mr. and Mrs. David M. Johnson, Koke Drive, Southold, NY 11971 Gary Flanner Olsen, Esq., for Mr. Edmund Pressler, Box Richard F. Lark, Esq. for Mrs. Kathleen B. Varano, Box 973, William W. Esseks, Esq. for Mrs. Odell and Katzenberg~ Box Main Roads Bedell Mr. John Wickham, for the EsSate of J. Zielonka, Mr. Merlon Wiggin, President, Peconic Assoc. for P.O. Box 672, Greenport, NY 11944 706, Cutchogue 11935 11 Cutchogue 11935 279, Riverhead Cutchogue 11935 Winery Richard F. Lark, Esq. for RICHARD AND ANITA WILTON Gary Flanner Olsen, Esq. for GREGORY SIMONELLI Mr. Joseph H. Sawicki, North Roads Southold, NY 11971 Mr. John DeReeder as agent for MR. AND MRS. SAMUEL KOPPER Mr. and Mrs. Samuel K.C. Kopper~ 310 Plymouth St,~e, Town Clerk and Z.B.A. Bulletin Boards Supervisor, Town Board, Z.B.A., P.B., and Building Dept. Individual Z.B.A. files MA 02359 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated~..~, (~....~.~. ..... , 19 County Tax Map No. 1000 Section , .~ ~ ...... Block ...O.~ ....... ~t .~ ~ ....... ~bdivi~o~(~.~ .... Filed Map No ...... ~(~. ...... Lot N~.. ~.. ~. ~ .... ret~urned herewith and disapproved on the following grounds ................ · --~ ,?~ro.~. /~~ ~. ,~ ~o.~ ...... -::"- .... ~ .... ~.. ~... /.~.~ ..... ~p.L ..... RV 1/80 P. EC~VED TOWN OF SOUTHOLD, NEW YORK ¥,,,,. ~,,.~ ~L FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ..I.?. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .......... ??. ...... ~."...s.~.t~,-'.~. ......................... of ~oe ~ s~ s~r~e,r Name of Appellant Street and Number ...... ..~...~..~....o~...~..~. .......................................................................... ..b-..~.L.J .............. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit ., ............... Street and Number Municipality State () PERMIT TO USE ,( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY Street Use District on Zoning Map .................................................................................. Cu~ren[ 0wne~ Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (v') A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (v/~ A Variance to the Zoning Ordinance is requested for the reason that l~rm ZB1 (Continue on other side) REASON FOR APPEAL Continued i. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or~'unneces-" --. .sar,y, HARDSHIP because A house of customary shape and design would not fit on the lot due to setback limitations. ,2. The hardsh p created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because The lot has an odd shape. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Many homes in the area are built on small lots The front property line is on Sound View Ave. which.is an unused paper road with unknown owner. (40 feet wide) The lot is approximately 13,400 square feet, therefore the size of the house (850 square feet, first floor) covers less than 7% of the lot area. COUNTY OF ) Sworn to this ................ .~-.:..7J.-.t .................. day o?~..~,, .............................. ]9~/~ Notary Pub ic ELSIE P. KOCH Publio, State of New York No. 4811381 (~m~tn Suffolk County, · e~.A~.e~ Mamh 30, TQWN OF SOUTHOLD CARD OWNER ' A/ Z~Z ~' ~ ,'v' xg Z / b-A/ FORMER OWNER . ,~ N RES. _ SEAS._ ~VL. STREET , VILLAGE E W i 'TYPE OF BUILDING FARM COMM. CB. MISC. Mist. Value DATE REMARKS ~-~.- ~ (~ · ~"~; ,__ ACR. IMP. AGE NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot TOTAL BUILDING CONDITION FRONTAGE ON WATER i FRONTAGE ON ROAD I DEPTH BULKHEAD Total DOCK APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD-STATE ROAD 2S SOUTHOLD, L.I., N.Y. 11~?1 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and Suffolk Weekly Times, Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowalski, at 765-1809 (or if no answer, 765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 9, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3452 application:,of Paul Forestieri for a variance. Also included is notif, ication to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. Judith T. Terry g~' Southold Town Clerk T LD (516) 765-1938 . February 11, 1986 Mr. Paul Forestieri 300 East 54th Street New York, NY 10022 Re: Access road to lot No. 1000-67-6-4 lot within Bailey Park Subdivision Dear Mr. Forestieri: The following action was taken by the Southold Town Planning Board, Monday, February 10, 1986. RESOLVED that the Southold Town Planning Board accept and request compliance with Lawrence Tuthill's report regarding improvements required on the access road to Lot No. 1000- 67-6-4, (Lots 1-5; Map of Bailey Park, Peconic). Would you please notify our office prior to beginning any construction on the above mentioned access road. Enclosed is a copy of Mr. Tuthill's report for your review. If you have any questions, please don't hesitate to contact our office. ~Oard of Appeals Very truly yours, BENNETT ORLOWSKI, JR., CHAIR/~AN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary LAWRENCE M. TUTHILL January 27,, 1986 Mr. Bennett 0rloweki, Jr., Chairman Somthcld Town Planning Beard Main Road S~mthold, NY 11~71 Re~ Ap~lieation of Paul Forestieri Gentlemen~ An insweet!on of the roads leading th the ~ro~osed building ~ite on $omnd View Avenue, Peeonie indicates the following~ 1. Sound View Avenue is a ~a~er road fronting the wroperty and runs in a north -south direotion the entire length of the prowerty. 2. Perpendicular to Sound View Avenue at i~s northerly end is Fasbender Avenue, a ~rivate road extending in an easterly direet~on to Mill Lane, a town road. Fasbender avenue is abomt 500' in length and beginning from Mill lane is a 9' wide dirt road for about 450' to its interseetlon with Hmntington Boulevard, which runs north at this point. The remaining 50' is in its natural state. 3. It is recommended an access road be built from Mill Lane to Sound View Avenue for about 500' in accordance with the following spec*fie~tions~ (a) Smrfaeed with a minimum de~th of four (4) inehes of ~/4" stone blend toaecommodate emergency vehieles. The ~%~ne blend maw be ~laeed on th~ ground surface and sha~ed, or the ~ur~ee may be exe~vated to ~ermit the awwlic~tion of the eom~cted blend to~ de~tb of four inches! or ~b) Remove to~soil to a de~tb of eight (8) inches and then fill with eight (8) inches of bankrun sand and gravel. Gravel to be 20%. The surface robe covered with two (2) lnche~ of compacted stone blend. Respectfully submitted, COUNTY OF SUFFOLK Department of Planning 360-5206 Town of Southold Board of Appeals M~y 23, 1986 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determina- tion. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) a dell Vineyards ul Forestieri 3451 3452 Very truly yours, Lee E. Koppelman Director of Planning Chief Planner APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGOHI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWiCKI Southold Town Board of Appeals Variance Special Special MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 Pursuant to Article XIII of the Suffolk County Board of Appeals of the Town of ~outhold, New York, the following to the Suffolk County X× Variance from the Zoning Code, Article from Determination of Southold Exception, Article , Section Permit TELEPHONE (516) 765-1809 Charter, the hereby refers Planning Commission: Section 100-31 Bulk Schedule Town Building Inspector Appeal No.: 3452 Applicant: Mr. Paul Forestieri Location of Affected Land: East end of Soundview Ave., County Tax Map Item No.: 1000- 67-06-004 Within 500 feet of: Town or Village Boundary Line Peconic, N.Y. XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS.: Applicant is requesting permission to locate new dwelling with insufficient fro~and rear yard setbacks. Copies of Town file and related documents enclosed for your review. Secreffffa-- -- ry, Board//of A~-~e~- Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI May 13, 1986 Mr. Paul Forestieri 300 East 54th Street New York, NY 10022 Re: Appeal No. 3452 (Variance) Dear Mr. Forestieri: Enclosed please find a copy of the official findings and determination recently rendered by the Board of Appeals and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for their authoriza- tion of any new construction, or for other written documents as may be applicable. If you have any questions, either our office (765-1809) or (765-1802). please do not hesitate So call that of the building inspector Yours very truly, Enclosure Copy of Decision to: Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.h, N.Y. llCJ?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI March 13, 1986 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLAPJITION Notice of Determination of Non-Significance APPEAL NO.: 3452 PROJECT NAME: PAUL FORESTIERI This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of tho N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration shoul~ not be considered a determination made for any other department or agency which may also have an application pending for the same or similar .project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance to ]0cate new dwelling with insufficient front and rear yard setbacks. LOCATION OF PROJECT: ~articularly known as: asbender Avenue_, Peconic; 1000-67-06-004. REASON(S) SUPPORTING THIS DETERMINATION: (l) An Environmental Assessment in the short form has been ~;ubmitted which indicates that no s~gnifican~ adverse effects to thc cnvironment are likely to occur should this project be imple- mer~te~ as planned; t~/ This is a setback variance; Construction proposed is more than 300 feet of tidal wetl ands. FOR FURTtIER INFORFiATION, PLEASE CONTACT: Linda KQwals~i, Southold Town Board of Appeals, Towu Hall~ Southold, NY 11971; ~65-1809 Or 1802. ' Copies of this notice sent to th~ applicant or his agent on the Town Clerk Bulletin Board. Town of Southold, County of Saffolk, more East End of Sound View Avenue (South End of Bailey Park Subdivision Lots 1-5, inclusive; Secretary, t(~l: 516- and posted THE WATER SU~LY AND SEWA~ DIS~AL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDAR~ OF THE OWNERS ADDRE~: APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONtS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 January 10, 1986 Mr. Paul Forestieri 300 East 54th Street New York, NY 10022 Re: Appeal No. 3452 Variance Dear Mr. Forestieri: At a Regular Meeting of the Board of Appeals held last evening, the board reviewed your recent file and it was the consensus of the board not to advertise your application at this time for a public hearing until you have had an oppor- tunity to apply to the Planning Board for their inspection of the right-of-way and conditional approval pursuant to the Building Inspector's Notice of Disapproval and New York Town Law, Section 280-a. If the above information is furnished to our office by February 6th, we would be in a position to advertise your application for a public hearing to be held in late February. Please don't hesitate to call if you have any questions. Yours very truly, CC: Planning Board Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski NOTICE OF HEARr~_a Article IlL Section 100-31, Bulk Ho~c~. m ~.~y ~H, S~hed~, ~ ~ of: pursuant to Section 267 of *h ! sufficient .lot[~ar~, '(2) insuffi- Town L~w ~mt tl~ Code of ~ c]entlot~dth,(3)i~ufficientlot Town of Southdd, the foll~'~ .depth'°ftw~pm~lsaalm4~°sed'- public he~m~n will be~m,~ ,o, m this peedh~s~-~gfdivisi~of' lng comme~i.~ a{ ?.~,~o~ No. 16'~2, Lo~' ~34,;~53,~54;~ MARch la. .... 7:30 p.m. Appeal No 34~9 ~[ ~ 8:20 p.m..Apl~ml ceased Honrinf4. ~j~.~.n~ DAVID M.:JOHNSON JOHlq~ AND JOYCE H(~-~Varinnce to the ~Zr,~i~ 7'.35 p.m. Appeal No. 3457 ~ ' 31, Bulk Schedule, for perm~ RALPH AND LUC1LLIq! i siontoconstractmtaitionwithafl STOCKER for ~ to-insul~entsideyardsetbackand ~00~l~ialiiScbedule, forezces- Parcel No. 1000~'/,5q3. ..r 'siva lot coverage, and (2) Article XI, Section 100-119~2 for reduc- tion in the required setb~k from bulkhead and tidal waters to less Oran 75 feet. Loc~tion of Prop- erty: 1080 Maple Lane (aTk]a 55 Snug Harbor Road), Grasnpert; Cleaves Point, Section 3, Map No. 4650, Lot 59; County Tax 8:35 p.m. Appeal No. 3463 .' EDMUND PRESSLER f~ a Variance to the Zonln~ Ordi~ 71, Bulk Sehedu~ and Articl6 VII, Sovllon 100-~}(AX1Xd), for' permission to ~ pmmi=~ of 68,912 sq. ft. in am~ as a conl~nu, ing nonconformi~_~ tw~r~mfly dwalling and add two retail asle~ Comity Tax Map Parcel No. 1000-634-26. - - 8:45 p:m. Appeal No. 3455 - KATHLEEN VARANO for a 121(DX1) fao a claslfmntion and/ thru of th~ Buildln_~ Inspector of Comiitlon in Alq~al 1~1o. 3330 re- May 2, 1965 ~whieh allows nO structure. Location of Propet?tln 6600 (or 6750} l{~}ian Neck Pond, Pe~onic, NY; C4mnty Tax Map Parcel No. 1000-086.07-004. - 8:55 p.m. Appeal~{0. 3421. Re. erased Hearing. RaTATE OF JOSEPH ~m.~ONK~ to be re- convened. ~- ~ ~ 9.05 p.m..4~-~_J No. 3451'- BRDELL WINERY/VIN. tion to the ZoningOr,'linnn ce, Ar~ tlcle ~I, ~ction 100-80(BX14) far permls,~ion t~-.establi~a. ~win- pv,m,h,,~, loasted ail 3622,5 Main Tax Map Pa-,,cel No. 1000-85-0~- 10. 100-31, Bulk Schedule, for ap- provul of proposed lots having in- sufficient area, width and/or depth in this pending division of land, located at the East Side of Queens Street, Gr~enpert, County Tax Map Parcel No~ ~20 p.m. Appea*l No. 3466 -' GREGORY 8IMOI~ELLI for a VBI~C~ to the Zonin~ OI1~Li- 31, Bulk Sohedule, for app~ovul of prepaid lots having insuffi- cient area and width in this pand- it4; division of land, located at the Eazt and South Sides of Grand Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-107-02-04. 9'.25 p.n~ Appeal No. 3475 - JOSEPH H. SAWICKI, JR. for a Variance, for approval of ~,,ss pursuant to New York Town Law, Section 280-a, over a Iai- vats right-of-way located off tim South Side of Old Horth, Road, Southold, NY; ~.,!~ .lee- on the Suffolk County Tax Maps. as District 1000, Section 55, Block 2, Lot 4. Map Parcel No. 1000-354)5-28. office use~ 740 -m A-~ No 3452 mtms-o-t tle~eral 9:10 p.m..Appeal No 3456 - ~0 p.m. Appeal Ho 3453 - ances to the Zo ' Ordinan~, ~ Property: ' a ariam~totheZo~' P. PTON KOPPER for a Schedule for permission to loe~ ~1~ new dwelling with insufficient ~ front and rear yard sethack~. Lo. cation of Property: East End of Sound View Avenue (South End ~ of Fasbender Avenue/, Peconic; ~ Bailey Park Subdivision, Lo~s 1, I~ 2, 3, 4, 5; County Tax Map Parcel I] 7:46 p.m. Appeal Ho. 34~ ~ ATHANAS AND RUTH ZAM- ' PHIROFF for a Variance to the Zoning Ordinance, Article IH, Section 100-31, Bulk Schedule for permission to construct addi- tion of 190:~ sq. it. in area which will exceed the maximum- permitted the lot coverage re- qulrement of 20%. Location of Property: 17195 Main Street (a/ ~Ja 720 Second Street), New Suf- folk, NY; County Tax Map Parcel Article iii, Section 100-31, Bulk Schedule, for approval of prop- cie~t area and width located along the west side of Indian Ta~ Map_Parcal No. 1000-86-4- 1.2, c~mt~ of a totol acreage ofS.00..::,.~.< ~ ~ , . . i STATE OF NEW YORK ) or mlm~mtative~ desiring to be i COUNT~ OF SUFFOLK ) ter~ Writton=ommentsmayalao ~ be~ul~nittodp~iortotheconclu- Mary Ko D~9.nan sion of the hearing in question. For more information, please call 765-1809 (alt. 1802). Dated: Match 4, 1986 BY ORDER OF BOARD OF APPEALS ~ GERARD P. GOEI-IRI~GER, 1TM6_5179 CI-LMRMAN of Groonport, In said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in tho Town of Southold. County of Suffolk and State of New York, and that the Notice of which tho annexed Is a printed copy, has been regularly published In said Newspaper once each week for weeks auccesaively, commencing on tho 6 dayof ~=-rch 19 ~o5 / Prl~pe' Clark /~ ANN M ABATE Swornto beforo~nethJs ~-~ar~a,,o Dil^ ~:f=. ~1, V COUN~OFSUFFOLK 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, i has been published in said Long Island Traveler-Wal. chman once each week for / weeks successively, commencing on the ...... 19 ..~?.. Sworn to before me this ? .... day of Notary Public BARBARA ~'OR BE$ ~qotary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires ~ff~ -~ ? 19 ff~ EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the fo0owing public hearings'will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hnll, Main Road, Southold, NY at a Regniar Meeting commencing at 7:30 p.m. on THURSDAY, MARCH 13, 1986, and as follows: 7:35 p.m. Appeal No. 3432- Recessed Hearing in the Mattar of JOHN AND JOYCE HOLZAPFEL. 7:35 p.m. Appeal No. 3457- RALPH AND LUCILLE STOCKER for permission to constract new dwelling requiring Variances to the Zoning Or- dinance: (1) Article III, Section 100-31, Bulk Schedule, for ex- cessive lot coverage, and (2) Ar- ticle XI, Section 100-119.2 for reduction in the required set- back from bulkhead and tidal waters to less than 75 feet. Loca- tion of Property: 1080 Maple Lane (a/k/a) 55 Snug Harbor Road), Greenport, Cleaves Point, Section 3, Map No. 4650, Lot 59; County Tax Map Parcel No. 1000-35-05.28. 7:40 p.m. Appeal No. 3452-~ PAUL FORESTIERI for] Variances to the Zoning Or-/ dinance, Article III, Section/ 100-31, Bulk Schedule, for per-/ mission to locate new dwelling / with insufficient front and/ rearyard setbacks. Location of \ Property: East End of Sound \ View Avenue (South End of Fasbender Avenue), Peconic; Bailey Park Subdivision, Lots I, ] 2, 3, 4. 5, County ~ Map Parcel No. 1000-67-06-004. ~ 7:45 p.m. Appeal No. 3470-. ATHANAS AND RUTH ZAMPHIROFF for a Variance lo the Zoning Ordinance, Arti- :lc Ill, Section 100-31, Bulk Schedule for permission to con- aruct addition of 190+ sq. ft. in srea which will exceed the :overage requirement of 20 per- 7195 Main Street, (a/k/a 720 ;econd Street), New Suffolk, qY; County Tax Map Pan~ No. 7000-117-011-13. 7:50 p.m. Apl~ml No. 344% PUDGE CORP. for a Special Exception to the Zoning Or. dinance' Article VIII, Section 100-80(B) for permission to establish one or more of the following usgs within the buildings proposed to be con- strocted as shown by sire plan revised 7-9-85: professional of- ~ices; electrical contractor shop; plumbing shop; furniture repair shop; printing establishment; food processing; packaging of machine parts to be shipped; such uses as allowed in this C-I Heavy Industrial Zoning District. Location Of Property: East Side of Horton's Lane, Southold, NY; County Tax Map Parcel No. 1000-63-01-10. 7:55 p.m. Appeal No. 3459- 125-127 MAIN ST. CORP. (MILLS & CO.) for a Special' Exception to the Zoning Or- dinance, Article VIII, Section 100- 80 (B) for permission to addition for the manufacture of sails, canvas products and related items, and office and storage area incidental thereto, in this "C-Light" Industrial' Zoning District. Location of' Property: 74100 Main Road, Grcenport, NY; County Tax Map Parcel No. 1000-45-06-006. 8:00 P.m; Appeal No. 3465- VELIMIR AND HEDA VRANKOVIC fOr a Variance to the Zoning Ordinance, Article !Il, Section 100-31, Bulk 9chedule for approval of the tion of Property: 1625 Sandu 100-30(B)[14] for permission to Beach Road (a/k/a 55 Bay ' establish winery use from grapes Road), G~enport, NY; County grown on the premises, located Tax Map Parcel No. at 36225 Main Road, Cut- 100043-04-45. chogue, NY; County Tax Map 8:05 plm. Appeal No. 3466- Parcel No. 1000-85-02-10. MICHAEL J. PERLMUTI'~R, 9:10 p.m. Appeal No. 3456- M.D. for a Variancetothe Zon- RICHARD AND ANITA ing Ordinance, Article III, Sec- WILTON for a Variance to the tion 100-30 (C)[1](a} for pennis-.. Zoning Ordinance, Article Ill, sion to utilize premises and ad- Section 100-31, Bulk Schedule, dition for accessory home oc- for approval of proposed lots cupation use (physician's office) having insufficient area, width in e~ex'ess of maximum-permitted and/or depth in this pending 30 percent first floor area. Loc. a. division of land, located at the tion of Property: 2035 Theresa East Side of Queens street, Drive, Mattituck; D~p. Home Greenport, NY, County Tax Creek Estates Filed Map 4256, Map Parcel No. 1000-40-3-6. Lot 59, County Tax Map Parcel 9:20 p.m. Appeal No. 3466- No. 1000-115-16-15. GREGORY SIMONELLI for a 8:10 p.m. Appeal No. 3450- Variance to the Zoning Or- ROSALIE GOWEN for dinance, Article III, Section Variances to the Zoning Or- 100-31, Bulk Schedule, for ap- dinance, Article III Section proval of proposed lots having 100-31, Bulk Schedule for ap- insufficient area and width in proval of: (1) insufficient lot this pending division of land, area, (2) insufficient lot width, located at the East and South {3) insufficient int depth, of two sides of Grand Avenue, Mat- parcels as proposed in this pen- tituck, NY; County Tax Map ding set-off division of land : Parcel No. 1000-10%02-04. located at the corners of Zena 9:25 p.m. Appeal No. 3475- Road, Capt. Kidd Drive and JOSEPH H. SAWICKI, JR. for Central Drive, Mattituck, NY; a Variance for approval of ac- Capt. Kidd's Estates Filed Map cess pursuant to New Yerk Town No. 1672, Lots 134, 153, 154; Law, Section 280-a, over a County ~tx Map Parcel No. private right-of-way located off 1000-106-02-32 and 43. the South Side of Old North 8:20 p.m. Appeal No. 3474- Road, Southold, NY; premises DAVID M. JOHNSON for a presently of Schaefer and iden- Variance to the Zoning Or- tifiedontheSuffolkCoumyTax dinance, Article III, Section Maps as District, 1000, Section 100-31, Bulk Schedule, for per- 55, Block 2, LOt 4. mission to construct addition 9:30 Appeal No. 3453- with an insufficient sideyatd sct- SAMUEL K.C. and ELIZA back and in ~ss of maximum- PLIMPTON KOPPER for a permitted 20 percent lot Variance to the Zoning Or- coverag~ Location of Property: dinance, Article Ill, Section 385 Corey Creek Road, 100-31, Bulk Schedule, for ap- Southold, NY; County Tax Map proval of proposed three lots Parcel No. 1000-87-5-13. having insufficient area and 8:35 p.m. Appeal No. 3463- width located along the west EDMUND PRESSLER for a side of Indian Neck Road, Variance to the Zoning Or- F~conic, NY; County 'l~x Map dinance, Article Vll, Section , Parcel No. 1000-86-4-1.2, con- 100-71, Bulk Schedule, and Ar- sisting of a total acreage of 5.00. ticle VII, Section The Board of Appeals will 100-70(A)[l](d), for permission hear at said time and place all to utilize premises of 68,912 sq. persons desiring to be heard in ft. in area as a continuing non- each of the above matters. Writ- conforming two-family dwelling ten comments may also be sub- and add two retail sales/office mitted prior to the conclusion of uses in this "B-I" General Bu- the hearing in question. For sir, ess Zonina District. Location more information, please call of Pmperty:. North Side of Maln 765-1809 (alt. 1802). Road, Southnid, NY; County Dated: March 4, 1986. Tax Map Parcel No. BY ORDER OF THE 1000-63-3-26. SOUTHOLD TOWN 8:45 p.m. Appeal No. 3455- BOARD OF APPEALS KATHLEEN VARANO for a GERARD P. GOEHRINGER, Variance to the Zoning Or, CHAIRMAN dinance, Article XII, Section. 1T-3/6/86(10) 100-121(D)[I] for a clarification and/or correction of the inter. pretation of the Building lnspec. tot of Condition in Appeal No. 3330 rendered by the Board of Appeals May 2, 1985 which allows no sleeping or living. quarters in the accessory garage/apartment structure. Location of Property: 6600 (or 6750) Indian Neck Road;- Paconie' NY; County Tax Map Parcel No. 1000-086-07-004. 8:55 p.m. Appeal No, 3421< Recessing Hearing - ESTATE OF JOSEPH ZIELONKA to be reconvened. 9:05 p.m. Appeal No. 3451. BEDELL .~ is the ;HMAN, County; ~d copy, ttchman weeks · day of RECBVED TOWN OF $OUTHOLD, NL:'W YORK JAN 0 9 1985 1'~- ~-.~ ~P~P~AL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~,~) - DATE ....~....~. ~..,. J.?. ~ .~... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ], (We) ....i?../~..?..~.....?..e..~...e..~...~...~.~.(.~~. ......................... of ...... .~...o.e.....b.--~-.....?..~.....~.~.?...~-~'... .............................. Name of Appellant Street and Number ...... ..~.~..~...~....~:...~fr. .......................................................................... ..~..k~l .............. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (~-) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ........ ~?~ff...~....~!~.w.....~..~.:,. ......................................................... Street Use District on Zoning Mop Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (/) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because A house of customary shape and design would not fit on the lot due to setback limitations. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because The lot has an odd shape. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 1. Many homes in the area are built on small lots 2. The front property line is on Sound View Ave. which is an unused paper road with unknown owner. (40 feet wide) The lot is approximately 13,400 square the size of the house (850 square feet, covers less than 7% of the lot area. feet, therefore first floor) STATE OF COUNTY OF ) Sworn ,o this ................ .~......~.... .................. day of,:<~ ............................... 19~'~ Notary Public ELSIE P. KOCH Publi~, State of New Ym'k Na~ 4811381 ~lllmltlmi~{]uelifled In Suffolk Count~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals of the lown of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER Y~OU ARE HEREBY GIVEN NOTICE: 1. That~ 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] 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: 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: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section ~oo ~ ~l I' ] Sect, ion gS0-A, New York Town Law for appr0val 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 may then and there examine the same during regular office hours. (516) ?~[5-'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. Petitioner Post Office Address PROOF OF MAILING OF NOTI.~ ATTACH CERTIFIED MAIL RECEI, NAME ADDRESS 329 224 299 FOR CEI~TtFIED MAlL STATE OF NEW YORK ) COUNTY OF SUFFOLK) Notary Public P. KOCH ~R,~. 'J-. :[:'oO-eSTl(.,'9 , residing at ~,oo .E ~'q STrteeT I~¢,~ ~e~ac, 1,~ t0o~-a-~ , being duly sworn, deposes and says that on the q day of TA,,I ,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 roil of the Town of Somhold; 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. IL i~ (This side does not have to be completed on form transmitted to adjoining property owners.) Jhe N.~.5. Lnvlronmc, nLml (~ual ity I<uvlew AcL reql~lres sub- misstol~ of th form, and an environment4~I~revJew will be made by this before any action is ~I~en. INSI'?!~TI C~, S= (a) In order to answer the question~ in this short £AF I$ is a~euned that pre?arer will use ccrrontly available Lnfo~aticn conce~-nln~ the project and ]Ikely l~p~cte of the acc!on, It ia not expected that additional ~tudle~ roeearch or c~hcr investigations will be ~mdertaken, ~b) If any question has been answered Yes the project ~y be alKnl£1cant and cc~p!e~ed Envirc~men~al A~e~sm~n~ Fo~ t~ nece~;sa~y. (c) I~ all quesuiono h~ve been answered No t% 1~ likely ~bms %hl~ projec% ?s ~gnlflcanS. (d) ~nvironmenti! 1. Will project result in a large physical to the project site or phTei~ally alter more 2. Will there be a major change to any tmique or unusual land form found on the site? W~ll project alter or have a large effect on an existing body of water? . , , , . &. Will project h~ve a potentially large L~pac% ell gro.xr, dwate~ quality? , , , , . , Will project significantly ~effect drainage flow 6, Will project affect any threatened or endangered plan% or anLr. ll species? . . , , , , 7. Will project reeuJ, t in a major adverse effect on Will project have a ~aJor effect on visu,1 char- kno~rn to be Important to the com.munity? , . . 9. Will project adversely im..pact any site or struct- ure of historic, pre-historic, or pal~ontological i~portance or any site deelgr, ated as a critical environment, al area by a local agency? 10. Will project have a m~Jor effect on existing future recreational opport~nities~ 11. Will project result in mmJor traffic problems or cause a major effect to exietin~ transportation 12. Will project reEularl7 cause objectionable odor~, noise, Elate, vibration, or electrical disturb- ance as a result of the project's operation? . 1). Will project have any impact on pub].i¢ health or lt. Wlll project Affect the existing community by d!rectl7 caustn~ a ~:'owth In ~ermanent perlod cr have a major ne~3~&ve effect on the / Yes No Yes / No Yes. Yes / .... Yes / .No ----- Yes / No ¥c~ / Ilo Yes // No Yes / No .,, Yes ~ NO Yes / No Yes No Yes / No Ye~ /, No Yes / :;o (Today's Date) To: Southo!d Town Board of Appeals Main Road Southo ld, NY 11971 Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Reguiations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject prcperty iQ the within appeal application: (pl~ase check one box) [ ] May be located within 300 feet of tidal wetland:~; hc~.~ever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in tength." [ ] May b~ 'located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. not [ ] [ ] appear May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be lochted within 300 feet of tiddi wetlands; .and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items'(*) indicate your property does to fall within the jurisdiction of the N.Y.S.D.E.C.] NOTE: approval must be your application please) If proposed project falls witgkin D.E.C. jurisdiction, received an~! submit~6d to our office before can be scheduled for a public hearing. RI~ER TO COIfl'P, AC~ OF SALE BETIFIgEN: PREHISES: ELAINE AXIEN, Seller and PAUL J. FORESTIERI & KATRLEEN L~ FORESTIERI, Purchasers. Peconic~ New York Lots 1 - 5 "~ap of Bailey Park". This contract is contingent on the Purchasers being able to obtain from the To~n of Southold and the County o£ Suffolk permits to erect a one (1) family dwelling on the property as shown on the enclosed sketch. In the event Purchaser is unable to secure such permits within six (6) months from the date hereof, this Contract shall be deemed cancelled and and Seller shall refund all monies paid hereunder and neither party shall have any claim against the other. ELAINE AXIEN KATI~EEN L. FORESTIERI