HomeMy WebLinkAbout3444GRASSO ~ JOSEPH ~ q
(~il~e~ orig. owner) ~
S~hold~ nY 11971
~ PIll5 Basement utilities below PP ~~¢
PILED: 9/5/8~ ~- ,,1~/~% ~~
~ellim~ - ~romt yard ~IL~: 9/5/8~
Southold Town Board of Appeals
MAIN ROAD-STATE: I~OAD 25 SOUTHOLD, L.I., N.Y. 11cJ'71
TELI~',HONE (516) 765-1809
Appeal No. 3444
Application Dated December ]7, ]985
TO: Mr. and Mrs. Joseph Grasso
1726 Meadow Lane
East Meadow, NY 11554
(Public Hearing 2/6/86)
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on March 10, ]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 ]00-32, and
Article XI, Section 100-119.2
[ ] Request for
Application of JOSEPH AND FRANCES GRASSO for a Variance to the Zoning
Ordinance, Article III, Section 100-32 and Article XI, Section 100-119.2
for permission to locate accessory storage building in the sideyard area
and with an insufficient setback from wetlands, at 7145 Soundview Avenue,
Southold, NY; County Tax Map Parcel No. 1000-59-06-003.
WHEREAS, a public hearing was held and concluded on February 6,
in the Matter of the Application of JOSEPH AND FRANCES GRASSO under
Appeal No. 3444; and
1 986,
WHEREAS, the board has considered all testimony and documentation
entered into the record concerning this application'; and it is noted
that there has been no public opposition; and
WHEREAS, the
with the premises
area; and
board members have personally viewed and are familiar
in question, its present zoning, and the surrounding
WHEREAS, the board made the following findings of fact:
1. The property in question is bounded on the north by Great
Pond, on the south by Soundview Avenue, on the west by premises now
or formerly of Oliver, and on the east by premises now or formerly
of Reckmeyer, and is more particularly identified on the Suffolk
County Tax Maps as District 1000, Section 59, Block 06, Lot 003.
2. By this application, appellants request permission to locate
a 12' by 20' accessory storage structure in the sideyard area with a
distance of at least 25 feet from the front (southerly) property line,
15 feet east of the dwelling, and approximately 35 feet is requested
from the edge of the pond.
3. The subject premises is presently improved with single-
family, two-story frame dwelling under construction as permitted
by Building Permit #14256 issued September 26, 1985, set back
35 feet from N.Y.S. Department of Environmental Conservation flags
along edge of pond and wet meadow (1983), and set back 20 feet
at its closest point from its front (southerly) property line along
Sound View Avenue.
II-CONT4N For the record
UED ON PAGE TWO)
DA'TIA'IZr~: Ma'rch 17, 1986.
Form ZB4 (rev. 12/81)
it is
noted that the subject premises has
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 Appeal No. 3444
Matter of JOSEPH AND FRANCES GRASSO
Decision Rendered March 10, 1986
been the subject of prior appeals under: (a) Appeal No. 3286 for
a 20-foot frontyard setback of the existing dwelling, and (b)
Appeal No. FL-15 which denied a variance from the lowest eleva-
tions 3.5 feet above mean sea level (basement floor with utilities).
5. Article XI, Section 100-119.2, sub-paragraph A(1) requires
all buildings proposed on lots adjacent to any freshwater body shall
be set back not less than seventy-five [75] feet from the edge of such
water body or not less than seventy-five [75] feet from the landward
edge of the freshwater wetland, whichever is greater.
6. It is the opinion of the board that the freshwater wetland
area is very close to the area of the proposed construction of the
accessory storage shed, and that the percentage of the relief
requested is substantial in relation to the requirements.
7. It is also the opinion of the board that a storage area
could be located in an area closer to the existing dwelling with
a setback of at least 20 feet from Sound View Avenue and in line
with the northeast corner of the existing dwelling.
In considering this appeal, the board finds and determines:
(1) that this proposal is not consistent with those generally
existing in the neighborhood and this project will create a
change; (2) that the relief requested is substantial in relation
to the requirements; (3) that the relief requested is not unique;
(4) that there is a method more feasible
farther from the freshwater wetlands;
welfare, comfort, convenience, order and
be affected if this variance is granted;
zoning ordinance will not be observed by
applied herein.
to locate this structure
(4) the public health,
safety of the town will
(5) the spirit of the
allowing the variance
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, that the relief requested under Appeal No. 3444
in the Matter of JOSEPH AND FRANCES GRASSO to locate an accessory
storage shed in the sideyard area, within 75' of freshwater
wetlands, BE AND HEREBY IS DENIED WITHOUT PREJUDICE.
Vote of the Board: Ayes: Messrs. Goehringer,
Sawicki. (Members Doyen and Douglass were absent.)
tion was duly adopted.
lk
Grigonis and
This resolu-
~GERARD P. GOEHRING~ER, CHAIRMAN
~March 17, 1986
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 ,
FEBRUARY 6~ 1986 and as follows:
7:35 p.m. Appeal No. 3432- JOHN AND JOYCE HOLZAPFEL (Recessed
from l/9/86).
7:40 p.m. Appeal No. 3446 - MARGERY D. BURNS. Variance to the Zoning
Ordinance~ Article VII: Section 100-70(C)(l) for permission to construct
accessory inground swimmingpool upon premises known and referred to as
53245 Main Road~ Sou~hold, NY, presently zoned "B-I" General Business;
identified on the Suffolk County Tax Maps as District 1000, Section 61, Block 0I~
Lot 008. l.
7:45 p.m. Appeal No. 3196- WALTER HAIRSTON~ (Estate of). Variance to
the Zoning Ordinance~ Article III~Section 100-3l~ Bulk Schedule~ for approval
of two parcels (w/th existing dwellings)having insufficient area~ width and depth.
Location of Property: West Side of,Carroll Avenue~ Peconic~ NY; identified on
the Suffolk County Tax Maps as Dis!rict 1000~ Section 74: Block 3~ Lot 10.
7:50 p.m. Appeal No. 3454 - ~LICE D. CURRIE. Variance to the Zoning
Ordinance~ Article III, Section 100-3l~ Bulk Schedule ~ for permission to
construct addition with an insufficient rearyard setback at 1815 Soundview Avenue~
Southold~ NY; County Tax Map Parcel No. 1000-59-06-019.l.
7:55 p.m. Appeal No. 3443.- FREDERICK W. KOEHLER, JR. Variance to
the Zoning Ordinance~ Article III~ Section 100-32 for permission to iocate
tennis court in an area other than the required rear yard at 575 Old Harbor Road~
New Suffolk~ NY; County Tax Map Parcel No. 1000-ll7-3-6.
~ 8:00 p.m. Appeal No. 3444- JOSEPH AND FRANCES GRASSO. Variance to
the Zomng Ordinance, Article ,I,, Sect--~o--~ 100------~2 and Ar--------ticle X-----~ Section 100-119.2, ~
for permission to locate in the area and with
accessory
storage
building
sideyard
an insufficient setback from wetIands~ at 7145 Soundview Avenue~ Southold~ NY;.j
~ounty Tax Nlap Parcel No. 1000-59-06-003.
8:05 p.m. Appeal No. 3448 - RIVERSIDE HOMES, INC. Variance to the Zonin9
Ordinance~ Article III, Section 100-3l~ Bulk Schedule~ for permission to locate new
dwelling with insufficient front and rear yard setbacks. Location of Property:
East Side of Private Road(off the south side of Soundview Avenue), Peconic, NY;
identified On the Suffolk County Tax Maps as District I000~ Section 59~ Block 9, Lot 18.
Page 2 - Legal Nctice of Hearings
Southold Town Board of Appeals
Regular Meeting - February 6:1986
8:10 p.m. Appeal No. 3383- ANNA PACIFICO. Variances to the Zoning Ordi-
nance: Articles: (a) III: Section 100-3l: Bulk Schedule for permission to construct
addition with an insufficient sideyard setbacks (b) III~ Section I00-3l~ Bulk Schedule
for permission to construct addition which exceeds the maximum-permitted 20% lot
coverage requirements~ (c) XI Section 100-ll9.2(B) for permission to construct
addition with an insufficient setback from wetlands. Location of Property: 1250 Blue
Marlin Privet Southold~ NY; County Tax Map Parcel No. I000-53-05-034~ (also
known as Lot ~13: Map of "Southold Shores~" Map No. 3853.
8:20 p.m. Appeal No. 3421- JOSEPH ZIELONKA (ESTATE OF). Variance to the
Zoning Ordinance: Article III~ Section 100-30: and Article XI~ Section 100-118~ for
permission to Utilize premises located in this A-Residential and Agricultural Zoning
District for two B-Light Business uses iln addition to two dwelling uses. Location of
Property: 2?4?5 ~Main Road~ Cutchogue~ NY; County Tax Map Parcel No. I000-102-
0[-[3.
8:25 p.m. Appeal No. 343]-~AILDESSIMOZ AND lvHCHAELRACZ. Variances
to the Zoning Ordinance~ Article X~ Sections [00-lIS(E) and 100-ll9.2 for: (a)
permission to renovate and expand existing nonconforming cabin (guest cottage without
kitchen facilities) exceeding 50% of value and square footage of same as exists~ and
(b) permission to construct addition to existing nonconforming cabin within 100 feet
of bluff along the Long Island Sound~ premises known as 4255 Private Road
(HallockLane), Mattituck, NY; County Tax Map District lO00, Section ll2, Block 0l,
Lot 004. (Hearing recessed from December 12~ 1985) .
The Board of Appeals will hear at said time and place all persons desiring 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. [802).
Dated: January 2l~ 1986. BY ORDER OF THE SOUTHOLD TO[xrN
BOARD OF APPEALS
GERARD P. GOEHRINGER~ CHAIRMAN
INSTRUCTIONS TO NEWSPAPERS: Please publish once: to wit: Thurs_day~ January 30~
[986~ and forward nine affidavfts of publication to: Board of Appeals~ Main Road~
Southold: NY [197[. (on or before February 3rd)
...............................................................................
FORM NO, 3
~ OF SOUTHOLI)
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N,Y.
NOTICE OF DISAPPROVAL
PLEASE TAKE NOTICE that your application dated ...
for pem~it to ~fS~Y~.C~.. ~.~.a..~/~ ........................... at
Location of Property....'7/ .... ~.....
House No. Sgreet / Ham/et
County Tax Map No, ~000 Section .... ~ ..... Block
Subdivision ......... '--:.7 ...... Filed Map No ................. Lot No. '
is returned herewith and disapproved on the following grounds ../'~. fi~.F/~_X, 5~.~.~,'~.. , .z:r?.G?,/../.~..~A-~.
T~*... ,~¢ ........ ~ (. x ~ ....
Bu±id±n~
APPEAL FROM DECISION OF BUILDING INSPECTOR
?
' ' OF'~6U I'D' N
TO THE laN NG BOARD OF.APPEALS, TOWN THO
t . ~ ...J.CtS~.;~. a~S,.~0 ...... : ........ of .?..:..~ ...... . ....... . ................................. ~.:~.., ........
Name of Appellant , Street. a~'Num~r, '
.................. ~...~Q~ ................................................ ~..~. .......... HEREBY APPEL TO
MuniciPality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. !4256Z DATED SeP~emb.e.r 26, 1985
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
('X)
JOSEPH GRASSO
Name of Applicant for permit
of
.I.Z~6. ~.EADOW ~.ANE, EA.$T ME~.DO_W. NEW YORK 1155~
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
PERMIT TO B.U~ILD, .A.C.CESSORY BUILDING
1. LOCATION OF THE PROPERTY '7145' SOUNDVIE%~ AVENUE, $0UTHOLg, NEW YORK
Street Use District on Zoning Map
1000 003
.................................................................................. Current 0whet JOSEPH & RRANCES GRASS0
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.)
Article IIi~ Section 100-32 and Article XI, Section 100-119.20
3. TYPE OF APPEAL Appeal is made herewith for
(X) A 'VARIANCE to the Zoning Ordir~ance or Zoning Map
to lack of access' (State of New York Town Law Chap. 62 Cons. Laws
( ) A.VARIANCE :d~ue ' ' ' .... : .....
,Art. 16; Sec. 280A SubsectLon 3 ~ ..... .
4. PREVIOUS APPEAL A previous appeal (4~m) (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
(X) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
( )
(X)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
isrequestedforthereasonthat we would like to constr~ct a~torage shed to be
used for storing outdoor equipment and tools in side yard area fo~
accessory use which is not a permitted location underzoning. Alsb~
insufficient setback from wetlands which is less than 75'
Form ZB!
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLiCATIONOF THE ORDINANCE would produce practicatdifficultiesorunnec~-
sar¥ HARDSHlP because premises is located adjacent to Freshwater Wetland.
Zoning Law Art° XI~ Sec~ 100-119 2C does not permit the location of
any guildi~g within ?5-0' of Wetlands -- Proposed location exceeds
min. ~5-0t permitted by D.E.:C. PERMIT NO. 10-$3-0~2g,:dated ....
March ]l~ 1985~ (Copy Attached together with Waiveb from Board'of
Trustees - Town of Southold).
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 Of its' water front location
and Shal. low ~depth of tot from road to' edge of pond.
3. The Variance wou]d observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because accessory building will be constructed ~sin~
natural wood siding and trim~ and be stained to blend with the
general character of the area° It is planned that bushes and
shrubs will be planted between the road and the structure to obscure
its view from highway and adjacent properties.
STATE OF NEW YORK )
· COUNTy O[NASS&U. ,
Sworn to tMs~ ~6th - ' 'do of NOVEMBEr. . ~. 191%5
( } ~ary Public
TOWN
SOUTHOLD
PROPERTY
OWNER STREET VILLAGE
R~CORD
CARD __ ,~?- 3~__~
SUB, LOT
FORMER N
IRES.
LAND
AGE
i NEW
FARM
SEAS. FARM COMM. CB. MISC.
TOTAL/ DATE REMARKS
IMP.
TYPE OF BUILDING
Mkt. Value
t
BUILDING CONDITION
NORMAL BELOW ABOVE
Acre
Value Per Value
Acre
Tillable
Tillable 2
rTillable 3
Woodland
i Swampland
I Brushtand
'House Plot
TotaJ
FRONTAGE ON
FRONTAGE ON ROAD
DEPI'H
BULKHEAD
DOCK
Southold Town Board of Appeals -2- December 20,
(Appeal No. 3286 - JOSEPH GRASSO, continued:)
1984 Special Meeting
of the Zoning Code which requires a minimum setback from the front (road
side) property line of 35 feet for a new one-family dwelling. Applicant
originally requested a setback of 12 feet, which was later amended to a
setback of 18 feet with a slight change in the positioning of the house.
The house proposed has an overall depth with the attached garage of 38
feet with variations to 16 feet at the easterly section of the house, as
shown on the December 13, 1984 plan prepared by Donald A. Denis, A.I.A.
The premises in question has a depth along the westerly side of
104.40 feet; and at the center a depth of approximately 83 feet. This
parcel fronts along Sound View Avenue along an arc 210.99 feet and along
Great Pond at a tie line 112.42 feet. The house as proposed is position~
at the highest elevations of this parcel which at ground level vary
between seven and 12 feet above mean sea level. For the record, it is
noted that a variance to the Flood Damage Prevention Law has simultaneou
ly been filed under File #FL-15, requesting a basement with utilities
below the lowest floor minimum elevations in this A-lO (El. ll) Flood
Zone.which has been denied as applied.
It is the opinion of the board members that in view of the
depth of this parcel and its limited buildable area due to the "wet-
lands" areas, practical difficulties in meeting the 35' front and 35'
rearyard requirements do exist. However, it is also the opinion of
the board that a 20-foot minimum frontyard setback is sufficient since
the dwelling could be modified an additional two feet without great
hardship. By allowing a 20-foot setback from the required 35, a
variance of 43% would be sought which is substantial in light of the
existing "established" setbacks in the area.
In considering this appeal, the board has also determined:
(1) that the circumstances are unique due to the topography, size
and character of this parcel; (2) that the variance for a 20-foot
frontyard setback would not adversely affect neighboring properties;
(3) there 6eing no objection concerning this matter, that the
variance will be within the best interests of justice, as indicated
below.
Accordingly, on motion by Mr. Douglass, seconded by Mr.
Goehringer, it was
RESOLVED, that under Appeal No. 3286, in the Matter of
JOSEPH GRASSO, a new one-family dwelling BE PERMITTED TO BE CON-
STRUCTED WIT~ A 20-FOOT FRONTYARD SETBACK, SUBJECT TO THE FOLLOWING
CONDITIONS:
1. There be no curb cuts directly south of the garage, and
a hedge or other screening four-feet in height be placed along the
area south of the garage (to prevent backing out), and that same be
Southold Town Board of Appeals -3- December
(Appe~'i'No. 3286 - JoSEPH'G~SSO, 'continued:)
20, 1984 Special
Meeting
maintained at all times;
2. Curb cuts may be permitted to the east and west front
(road-side) areas;
3. The setback from the front property line not be less
than 20 feet.
Location of Property: North Side of Soundview Avenue,
Southold, NY; County Tax Map Parcel No. 1000-59-06-003.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. Member Doyen of Fishers Island was absent.
This resolution was adopted by unanimous vote of the members present.
DECISION: FL #15:
Application for JOSEP~.GRASSO, c/o D. Denis, Route 25, Aquebogue,
NY for a Variance to the Flood Damage Prevention Law, Ch. 46, for
permission to utilize area below the minimum required flood elevation
for mechanical equipment, at premises identified as County Tax Map
Parcel No. 1000-59-06-003, North Side of Sound View Avenue, Southold,
NY (current owner: A. Milne).
The public hearing concerning this matter was held on
November 29, 1984 and December 13, 1984, at which time the hearing
was declared closed pending deliberations.
Upon investigation and personal inspection of the premises,
the board finds and determines as follows:
The lot in question has approximately 15,713 sq. ft. in area;
and the plot plan submitted to the Board lastly revised July 31, 1984,
indicates the area of the lot where the dwelling is to be constructed.
Another sketch plan was submitted indicating a requested elevation
for the lowest (basement) floor to be at 3.5 feet above mean sea
level. The lowest ground elevations of the premises in the area of
the proposed house is shown to be at eight feet above mean sea level.
The Flood Insurance Rate Map (FIRM) indicates that the property is
located in A-lO Flood Zone with a minimum required elevation for the
lowest floor at ll feet above mean sea level.
The premises in question is bounded on the north by Great Pond
and along the center has a depth of approximately 83 feet. Although
the house is positioned at the highest elevations of this parcel which
vary between seven and 12 feet,'it is the opinion of the board that
the basement will still be subject to flooding, thereby creating
safety and electrical hazards.
Southold Town Board o£ Appeals
MAIN RI3AD-~TATE RnAD 35 S{3UTH{3LD, 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. SAWlCKI
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
COUNTY OF SUFFOLK
DEPARTMENT OF PLANNING
(516) 360-5513
[.E:E E. KOPP£1..MAN
March 21, 1986
Town of Southold
Board of Appeals
Applicant:
Mun. File No.:
S.C.P.D. File No.:
Joseph & Frances Grasso
#3444
SD-86-2
Gentlemen:
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the above referenced application which has been submitted to the Suffolk
County Planning Commission is considered to be a matter for local determination.
A decision of local determination should not be construed as either an approval
or disapproval.
Comments: Appears inappropriate as sufficient information has not been
submitted to demonstrate compliance with applicable variance criteria.
GGN:Jk
Very truly yours,
Lee E. Koppelman
Director of Planning
by
Gerald G. Newman
Chief Planner
11788
Southold Town Board of Appeals
I~AIN ROAD- STATE ROAD Z5 SrtUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLESGRIGONI$,JR.
SERGE DOYEN, JR.
ROBERTJ. DOUGLASS
JOSEPH H. SAWlCKI
Pursuant to Article XIII of the Suffolk'County Charter, the
Board of Appeals of the Town of Southold, New York, herebY refers
the following to the Suffolk County Planning Commission:
~ Variance from the Zoning Code, Article III , Section 100-32 and
-- Variance from Determination of Southold ~t~cle XI Sec. 100-119.2
Building Inspector
__ Special Exception, Article , Section
-- Special Permit
Appeal No.:3444 Applicant:JOSEPH AND FRANCES GRASSO
Location of Affected Land:7145 Soundview Ave., Southold, N.Y.
County Tax Map Item No.: I000-59_06_003
Within 500 feet of:
Town or Village Boundary Line
__ 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
Existing or Proposed Right-of-Way of Any Stream or Drainage
--Channel Owned by the County or for Which The County Has Estab-
lished Channel Lines,
or
Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport.
COMMENTS:
building
wetlands
Applicant is requesting permission to locate accessory storage
in th~ sld~yard ar~ and with an insufficient setback from
Copies of Town file and related documents enclosed herewith for your
review.
Dated:March 18, ]986
Secretary, Board of Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONI$, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWiCKI
Southold Town Board o£Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
March 17, 1986
Mr. and Mrs. Joseph Grasso
1726 Meadow Lane
East Meadow, NY 11554
Re: Appeal No. 3444 (Variance)
Dear Mr. and Mrs. Grasso:
Transmitted herewith for your records is a copy of
the board's findings and determination rendered on
March 10, 1986 concerning the above variance application
which has this date been filed with the Office of the
Town Clerk.
Yours very truly,
Enclosure
Copy of Decision to:
Building Department
Suffolk County Planning
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Commission
APPEALS BOARD
MEMBERS
GERARI~ e.)GOEHRING ER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
February 6, 1986
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3444
PROJECT NAME: JOSEPH AND FRANCES GRASSO
This notice is issued pursuant to Part. 617 oF the implementing
regulations pertaining to Article 8 of the N.¥.S. ~.~nvironmental
Quality Review Act of the Environmental Conservation Law ~nd Local
I.aw #44-4 of the Town of Southold.
This board determines the within project _n~.~ to h.~ve o sJgni£i-
adYerse effect on the environment for thc reas(m:~ indicate(]
ow.
Please take further notice that this dec].aratJo~ :;houJd not be
considered a determination made for any oLher (lep~]rtm,:nt ~.~r agency
wh~cl] may also have an application pending £or tll(.. ~;.'~]n(.. ~r simila~
p~ ,) j ec t.
TYPE OF ACTION: [ X] Type ~I [ ] Uniisled [ ]
DESCRIPTION OF ACTION: Proposed accessory building in side-
yard area and with insufficient setback from wetlands.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 7]45 Soundview Avenue, Southo]d. NY.
REASON(S) SUPPORTING T}IIS 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-
~,?nted as planned;
(2) This is a setback variance as regulated by Section 617.]3,
6 NYCRR, SEQRA.
1726 Meadow Lane
East Meadow, New York 1155~
February
Southold To~n Board of Appeals
Main Road
State Road 25
Southold, New York 11971
Re:Variance Appli~atlon
17, 1986
- 71~ Soundview Ave. Southold
Attention..; Mr. G. P. Goehrin~er
Gentlem,e~:
Pursuant to your request made at the Board of Appeals
hearing held on February 6, 1986, Appeal No. 3~, we
wish to inform yQu as follows:
According to our architect, Donald A. Denis, A.I.A. of
Aquebogue, N.Y. the distance between the shed and the
edge of the pond is 36'. The distance between the shed
and Soundview Avenue is 30'.
Should you desire any further information, please contact
me.
Very truly yours,
NEW YORK STATE DEPARTMENT OF EtIVIR6~NTAL CONSERVATION
Building 40, SUNY--Room 219
Stony Brook, NY 11794
AMENDMENT TO PERMIT
EXTENSION OF EXPIRATION DATE
RE: Permit No.
Dear
Your recent request to ~xtend the above permit has been
reviewed pursuant to 6I~YCRR, Part 621. It has been dete~mined
that there has not been ~ material change in environmental
conditions, relevant technology or applicable law or regul-
ations since the issuance of the existing permit, therefore,
the expiration date t~ extended to t~'~_~,~.~, ~1, /,0~ .
This letter ~s an amendment to the or]gina! permit and
as such, shall be attached thereto, and a copy posted at '!the
job site.
All other terms and conditions remain as written in ~h~
Very truly yours~
,''-
Regional Pcgmit Administrator
~JL: cz
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
S~uthold, New York 11971
~Aug'ust 5, 1985
TELEPHONE
(516) 765-1892
Mr. Joseph Grasso
1726 Meadow Lane
East Meadow, New York
11554
RE: Single Family Dwelling
Soundview Ave., Southold
Dear Mr. Grasso:
Please be advised that the Board of Trustees have
reviewed your request for a determination on the need
of a wetland permit for the project referenced above
on August 1, 1985.
The Board adopted a resolution to~_waiver ~.~ ~d
of a wetl~ er ' s b'ect to the adherenc ....
~n~a,~._a.,rk~.~$~~ar~ Spec~ar~ltlolls.i~cD~porated
in your DEC Per~i~ ~5~ ~ 'se~n~-i~6e~'.
very truly yours,
y , resident
Board of Town Trustees
HPS:ip
Attachment
cc: Building Dept.
Trustees
File
NEW YORJC STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
PERMIT
~ PERMIT NO.
10-83-0826
[ UNDER THE ENVIRONMENTAL CONSERVATION LAW
ARTICLE 15, (Protection of Water) ~ ARTICLE 25, (Tidal Wetlands)
ARTICLE 24, (Fmshwaler Wetlands) ARTICLE 3&, (Construction in Flood Hazard Areas)
iLPERMIT ISSUED TO
Joseph Grasso
ADDRESS OF PERMII~EE
1726 Meadow Lane - East Meadow, New York 11556
OCATION OF PROJECT (SecUon of slream, tidal wellaod, dam, buildin$)
GreEt Pon~, ~th sids ~f S~u~ View Avenue, north and west of "Hope Lane", between lands nu~
Construct a one family dwelling a min~um of 35' from wetlands and patio a mini~,m of 25~ fr~'
treshwater wetAands boundary per ~ s~own on ~u~vey prepared by
1983. Install a septic system between~central section of house and road with leachin rio s
a minimum ot /)' £rom wetlands boundary shown on referenced p~an. g
COMMUNITY NAME (City, Town, Village)
Southold Southold
TOWN
COUNTY
Suffolk
IFIA COMMUNITY NO. DAM NO.
., GENERAL CONDITIONS
1. The permlttee shall file In the office of th~ a~roprlate ReRIonal
Permit Administrator, a notice of intention to commence work at least 4~
hours In advance of the time of commencemenl and shall also notify him
promlXly in writln$ of the completion of Ibe work.
2. The permilted w~rk shall be, subject to inspocflan by an aulhmlzed
representative of the Departmenl of Environmental Conservation who may
order the work sus~eoded if the public interest so requires.
3. As a condition of the issuance of this portal/, the applicant has
cepled exl~essly, by the execulion of the appllcallon, lbe full legal respon-
sibility for all damages~ direct or indlrecf, of whalever nalme, and by whom-
ever suffered, arising out of the p~oject described herein and has agreed Io
indemnify and save harmless Ihe Slain from suils, actions, damages and
costs of every name and description resullinR from the said project.
4. Any material dredged in the grosecutlon of the work herein permitted
shall be removed evenly, without lanvin8 large refuse plies, ridges across Ihe
bed of lhe walerway ~ flood plain or deep holes Ihal may have a tendency Io
cause Injury Io navlsable channels m to the banks of the waterway.
5. Any material to be de~osiled or dumped under this permit, eilher in
fha waterway or on shore above high-water mark, shall be deposited or dumged
al Ihe Iocalily shown on the drawing berelo attached, and, if so I~escrlbed
thereon, within or behind a good and substantial bulkhead m bulkheads, such
&. There shall be no unreasonable Interference with navlgallon by the
work herein aulhorlzed.
7. Thai If luture operations by Ihe Slain of New York require an alterallon
In the position ot Ihe struclure or work herein aulhorized, or if, In lhe opinion
of Ibc Oepartment ol Environmenlal Conservation ti shall cause unreasonable
obstrucllon Io the free navlgailon of said waters or flood /Iowa.or endanger
the health, safety or welfare of the people of Ihe 51ale, or loss or destruction
walercouese hereby aulho~ized shall nol be completed, the owners shall,
condJlion the navigable and Ilood capacity of the watercourse. No claim shall
95-~0-4 (9/75)
8. Thai the State of New York shall in no case be liable fo~ any dar
or injury lo Ihe structure or work herein authorized which may be caused
result from lulure oporalions underlaken by Ihe Stale for Ihe conservati,
improvement of navisaUon, or for olher purposes, and no claim or rig1
compensalion shall accrue (rom any such damase.
9. Thai if the display of lights and signals on any work hereby autho,
is not otherwise provided for by law, such IIIhts and signals as may be
scribed by Ihe Untied States Coasl Guard shall be installed and mainta
by and al the exgense of the owner.
fO. All work carried out under Ibis permil shall be performed in a~
dance with eslablished engineerln8 I~aclice and In a workmanlike manner.
11. If 8ranted under Articles 24 of 2~, Ihe Deparlmenl reserves Ihe ,
to reconsider Ihis ap~'oval al any time and after due notice and hearhr
conlinue, rescind or modify this permil in such a manner as may be four,
be jusl and equitable. If upon the expiration or revocation of this permit,
modification of Ihe wetland hereby authorized has not been compleled,
appllcanl shall, without expense Io the 5tale, and lo such e~lefll and in
time and manner as the Deparlment of EnvlronmentalCoflservation may
remove all or any portion of the uncompleled structure or fill and restore
site to its framer condition. NO claim shall be made against Ihe Stale of
York on account ol any such removal or alteraUon.
12. This permil shall nol be construed as COnVeyln$ Io the appllcanl
rlghl 1o trespass upon the lands or interfere with the riparian ~ighl5 of ot
Io perform the permlUed work or as authorizing Ibe impairment of any
13. The permittee is responsible fm oblalnlnl any olher Permlls,
proval$o lands, easen~.nls and rlghls.of-way which may be required for
project.
14. if granted under Article 36, Ihts permit is 8rantod solely on Ihe b
of fha requiremenls of Arlicle 36 of Ihe Environmental ConservalJon Law
Peri 500 of 6 NYCRR (Construction in Flood Hain Areas having Special F
Hazards - Building Permits) and in no way signifies thai the proiecf wit
free from flooding.
15. By acceptance of Ihis ~rmit Ihe ~ermittee agrees Ihal fha ix
(SEE gEVEISE SIDE)
SUPPL~CE,'rr~,Ry .~PF. CIAL CO~D~TIO~S
The followin~, conditions apply to all permits:
If any of the permit conditions are unclear, the permittee shall contact' '-~
the Division of Regulatory Affairs at the address and telephone noted balDy.
A copy of this permit or approval and supplementary conditions shall be
available at the project site ~henever authorized york is in proRress.
The permit sign enclosed vith the permit or a copy of approval letter shall
b~ Pro~ee.~ed ~rom the ~teather and posted in a conspicious location at the
Work site until COl~pl~_~t~n of a~thorized york.
At least 48 hours prior to tom'cement of the prolect,..th~.permtrtee shall
complete and return the top port,on of the anolnsed'-te'ceipt form cert'ify~ng .....
that he is full7 avare of and unaerstanda all provisions and conditions of
this permit. Within one reek of completion of the permitted york the bottom
portion of that form shall also be completed and returned.
For'prelects involving activities to be accomplished over a period or more
than one year, the permtttee shall notify the Regional Permit Administrator
in writing at la~,~=t' &8 hours 'to the cb.,-=encement of resumption si york each
year. .~,
If project design modifications take place after permit issuance, the permit-
tee shall submit the appropriate plan changes for approval by the Regional
Permit AMm!nlstratorprior to undertaking any such modifications. The
permtttee is advised that aubstantia! modification may require submission of
a new application for permit.
~. Ali necessary precautions shall be taken to preclude cont=;tnation of any
vetlanda or vaterway by suspended solids, sediment, fuels, solvents, lubric-
ants, epoxy coatings, paints, concrete, leachate or any other en~ironmental-
ly deleterious matart~Ja-aasociated with the project york.
H. Any failure to comply precisely vith all of the terms and conditions of this
permit, unless authorized in writing, shall be 'treated as a violation of
the E~-vlronmantal Conservation La~.
I. The permittee is advised to obtain any permits or approvals that may be re-
quited from the U.S. Department of Army Corps of Engineers, Ne~ York Oistrict~
26 Federal Plaza, New York, NY 10007, (Attention Regulatory Functions
Branch), prior to co~ucing ~ork authorized herein.
J. The granting of this permit does not relieve the permittee of the responsib-
ility of obtaining a grant, easement, or other necessary approval from the
Division of Land Utilization, Office of General Services, Tower Building,
Empire State Plaza, Albany, NY 12242. vhtch may be required for any encroach-
merit upon State-o~n~tl~md$ --der rater.
Regional Permit Administrator
hn/S Department of Env~-ronmenrm~
BidE. ~0, SUNY~Room 219
Stony Brook, NY 11794
($16)
10-83-0824
.... ~C..~
SPECIAL ~ONDITIONS
In addition to modified proposal approved as stated on face of permit, with house
placed 12' setback from south property line and 15' from westerly property line,
construct a 12'x20' carport on to west end of house extending toward road, and
erect a storage shed no ~reater than 100 square feet in area a minimum of 25'
from wetlands. ~
2. There is to be no disturbance to vegetation or topography within 25' of above reference,
freshwater wetland boundary by filling, grading, excavation or clearcutting. This
25' undisturbed area is to remain naturally vegetated (no treated lawns). Plantings of
native species may be made to augment existing ~getation.
(including~arport) and patio is to drain into 6 drywells placed
3.
Runoff
from
all
roofs
at each external corner of house~2~( northernmost corners, 2 westerly corners and
easterly corners). ~
5.
6.
7.
8.
All driveway parking areas are to be of permeable material such as gravel.
There is to be no fill on this parcel except a minimal amount that may be needed over
the septic system between the house and road.
A continuous row of haybales ~s to be placed and staked in place between the
construction site and the ~etland edge to prevent siltation.
No erosion control devices will be permitted along the shoreline except riprap or
gabion mat types.
If a wooden deck is constructed at the patio location, no drainage structures are
needed for the deck.
CONDITIONS A THROUGH J ATTACHED.
'~ERMITISSUEDATE PERMITADMINISTRATOR {ADDRESS
January 20, 1984 'Daniel J. Larkin [ Bldg. 40, SUNY @ STONY BROOK,NY 11
NE~,; YORK STATE DEPARTMENT OF Et~vLgON~fEB~rAL CONSERVATION
Building 40, SUNY--Room 219
Stony Brook, NY 11794
(516) 751-7900
AHE~mMENT TO PERMIT
Your recent request to modify the above permit has been
reviewed pursuant to 6NYCRR, Part 621. It has been determined
that the proposed modifications will not substantially change
the scope of the permitted actions or the existing permit
conditions.
Therefore, the permit is amended to authorize:
C~b~..~ ~ c'~.~ ~....t~-,-(~ ,,ll-:.~ w,~-~ (0,7
~is letter is an amendment to the original p~it and as
such, 8hall be posted at the Job site,
All other terms and conditions remain as written in the
original permit.
Very truly yours, / .
Regional Permit Administrator
DJL:cz
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 I~OAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11':::J71
TELEPHONE (516) 765-1809
December 18, 1985
Mr. Richard Reckmeyer
80 Holland Avenue
Floral Park, NY llOOl
Re: Appeal No. 3444 - Variance of Joseph Grasso
Dear Mr. Reckmeyer:
In accordance with our recent telephone conversations,
please find enclosed a copy of the survey which accompanied
Mr. Grasso's application for a variance, filed yesterday
with the town for your perusal.
Yours very truly,
Enclosures
Linda Kowalski
Secretary
~ NOTICE
NOTICE IS HEREBY GIV-
EN, 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,
FEBRUARY 6, 1986 and as
follows:
/""' 7:35 p.m. Appeal No. 3432-~
If JOHN AND JOYCE~]
~ HOLZAPFEL (Recessed from2
~/9/86).
7:40 p.m. Appeal No. 3446-
MARGERY D. BURNS.
Variance to the Zoning Or-
dinance, Article VII, Section
100-70(C) (1) for permission to
construct accessory inground
swimming pool upon premises
known and referred to as 53245
Main Road, Southold, NY,
presently zoned "B-I" General
Business; identified on the Suf-
folk County 'Pax Maps as
District 1000, Section 61, Block
01, Lot 008.1.
7:45 p.m. Appeal No. 3196-
WALTER HAIRSTON, (Estate
of). Variance to th~ Zoning Or-
dinance, Article II1, Section
100-31, Bulk Schedule, for ap-
proval of two parcels (with ex-
isting dwellings) having insuffi-
cient area, width and depth.
Location of Property: V~st Side
of Carroll Avenue, Peconie, NY;
identified on the Suffolk Coun-
ty Tax Maps as District 1000,
Section 74, Block 3, Lot 10.
7:50 p.m. Appeal No. 3454-
ALICE D. CURRIE. Variance
to the Zoning Ordinance, Arti-
cle III, Section 100-31, Bulk
Schedule, for permission to con-
struct addition with an insuffi-
cient rearyard setback at 1815
Soundview' Avenue, Southold,
NY; County 'Pax Map Parcel No.
1000-59-06-019.1.
7:55 p.m. Appeal No. 3443.-
FREDERICK W. KOEHLER,
JR. Variance to the Zoning Or-
dinance, Article Ill, Section
100-32 for permission to locate
tennis court in an area other
than the required rear yard at
575 Old Harbor Road, New Suf-
folk, NY; County 'l~x Map
Parcel No. 1000-117-3-6.
~j-8:00 p.m. Appeal No. 3444-'
OSEPH AND FRANCES
GRASSO. Variance to the ZOn-
,ingordinanc~ Article lIl Sec-
? 'ti6d 100~32 ~/8'~fid[6 X~
'fl011 100-119.2~ Jbr permission
locate accessory storage building
i in the sideyard area and with an
!insufficient setback from
iwetlands, at 7145 Soundview
~] Avenue, Southold, NY; County
~- Tax Map Parcel No.
1000-59-06-003.
8:05 p.m. Appeal No. 3448-
RIVERSIDE HOMES, INC.
Variance to the Zoning Or-
dinance, Article lII, Section
100-31, Bulk Schedule, for per-
mlssion to locate new dwelling
with insufficient front and rear
yard setbacks. Location of Pro-
perty: East Side of Private Road
(off the south side of Soundview
Avenue), Peconie, NY; identified
on the Suffolk County Tax
Maps as District 1000, Section
59, Block 9, LOt 18.
8:10 p.m. Appeal No. 3383-
ANNA PACIFICO. Variances
to the Zoning Ordinance, Ar-
ticles: (a) IIL Section 100-31,
Bulk Schedule for permission to
construct addition with an in-
sufficient sideyard setback. (b)
III, Section 100-31, Bulk
Schedule for permission to con-
struct addition which exceeds
the maximum-permitted 20%
lot coverage requirements, (c)X1
Section 100-119.2 (B) for permis-
sion to construct addition with
an insufficient setback from
wetlands. Location of Property:
1250 Blue Marlin Drive,
Southold, NY; County Tax Map
Parcel No. 1000-53-05-034, (also
known as Lot No. 13, Map of
"Southold Shores~' Map No.
3853.
8:20 p.m. Appeal No. 3421-
JOSEPH ZIELONKA (ES-
TATE OF). Variance to the Zon-
ing Ordinance, Article II1, Sec-
tion.100-30 and Article XI, Sec-
tion J00-118, for permission to
utilize premises located in this
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 Traveler-Watchman
once each week for .................. ~ ....... weeks
successively, commencing on the ........ ?~..~v..:~. .......
Sworn to before me this ~.~r_) ~ day of
Notary Public
BARBARA FORBES
I.lot~ry YtiU!% State o~ Ne,v
Copies of the Legal Notice to the following 1/28/86:
Suffolk Times (Personal delivery)
LI Traveler-Watchman (Personal delivery)
Mrs. Margery D. Burns, Main Road, Southold, NY 11971
Mrs. Virginia Hairston, 1675 Carroll Avenue, Peconic, NY
11958
Mr. and Mrs. Lawrence Currie, 68 West Fenimore St, Valley Stream, NY 11580
Mr. Joseph Grasso, 1726 Meadow Lane, East Meadow, NY 11554
Mr. James Gray, Southold, NY 11971
Mr. Frederick W. Koehler, Jrt, Box 293, New Suffolk, NY 11956
Riverside Homes, Inc., P.O. ~ox 274, Riverhead, NY 11901
Paul A. Caminiti, Esq., Main~Road, Southold, NY 11971 (Pacifico)
Mr. John Wickham, Main Road, Cutchogue, NY 11935 (Zielonka)
Mr. Douglas Peix for Racz & Dessimoz, 208 Fifth Ave, NY, NY 10010
Charles Matthews, Esq. in opposition, Box 800, Huntington, NY 11743
Town Clerk Bulletin Board
ZBA Bulletin Board
Building Department
ZBA Individual Files
ZBA Members
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONIN~ BOARD OF APPEALS~TOWN OF' $C~ITHOI~D, N. ~'..
APPEAL NO. ~ Z/q q
',~'~'~'"> 7, J~
I,_ (MIMI ' ...JDS~.~'011~S~,0 ..... ' o[" 1726 MEAD.O...~. ,.~.A~E_, ' -, · ' '
Name of Appellon* Street, °nd'NumJ~r'
.................. EAS~'...I~.Q~/. ................................................ ~]~.~...~t.g.~]~. .......... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO..1.~.?.5.~.~ ...................... DATED September 26,..1985 ..
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
('X)
JOSEPH GRASSO
Name of Applicant for permit
o~ ..1..7. ~....~.F~8.D,..O.~...~A. iT$.,.. ~..A ~.T.. t~.~.k.g..Q~ ........................ ~.~ ...~.o. ~.~.,..1..]:..5., .5. ~..
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
PERMIT TO. BUILD, A.O.CESSORY BUILDING
1. LOCATION OF ~HE PROPERTY ~.~..l.~...~..~..~.~?.?..~E.`~.~?'...~....~..~.~...~.~...8.?..?.?..~...~..L.~L~.~.~.~.
Street Use District on Zoning Map
1000 003
................................................................................. Current Owner JOSEPH & FRANCES GRASSO
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.)
Article III, Section 100-32 and Article XI. Section 100-11~.20
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ' )' A VA~R AI~C~ 'd~ue to' 16C~ of afi~' (State of New York Town Law Chop. 62 Cons. Laws
.Art. ~6 Sec. 280A Subsccti.on 3
4. PREVIOUS APPEAL A previous appeal (~1~) (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
(X) request for a variance
and was mode in Appeal No ................................. Dated ......................................................................
( )
(X)
)
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
isrequested forthereasonthat we would like to construct
used for storing outdoor equipment and tools in side yard area
accesgory use which is not a permitted location under zoning.
insufficient setback from wetlands which is less than 75'.
a ~torage shed to be
for.
Also,
Form ZB1
(Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unnec~-
sory HARDSHIP becau~ premises is located adJaaent to Freshwater Wetlando
Zoning Law Art. XI, Sec. 100-119 2C does not permit the location of
any guilding within 75-0' of Wetlands -- Proposed loaation exceeds
min. 75-0' permitted by D.E.:C. PERMIT NO. 10-83-0824, dated
March 31, 1985. (Copy Attached together with Waiver from Board of
Trustees - Town of Southold).
2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate
vicinity of this property and in this use district because o~' its~ water ~'ront location
and shallow :depth .of lot from road to edge of pond.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because accessory building will be constructed using
natural wood siding and trim, and be stained to blend with the
general character of the area. It is planned that bushes and
shrubs will be planted between the road and the structure to obscure
its view from highway and adjacent properties.
STATE OF NEW YORK )
)_ ~s
· COUNTy OFNA$SAU. ) ·
Sworn to this' ... ...... .1...6.~,.h. ............ ; ............ [. day of ........ NO...~.~E..R. . .......... 198~
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter OT' the Petitignof ~ , :
JOSEPH (tRASSO
to the Board of Appeals of the Town of Southold :
TO: ~0t~1CLER, K - SOUTNOLD
~OTICE
.......... TD _ _
ADJACENT
PROPERTY OWNER.
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (Special Exception) (Special Permit) (Other) [c±rcZe cho±¢e]
VARIANCE
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 71~5 SOUNDVIEW AVENUE~ SOUTHOLD, NEW YORK: COUNTY TAX
NO. 1000-059-06-00_~
3. That thepropert¥ which is the subject of such Petition is located in the following zoning district:
'A' RESIDENTIAL
4. ThatbysuchPetition, theundersignedwillrequestthefollowingrelief: Placement Of an
Accessory Beildlng in Side Yard Area~ and insufficient set baak Pwnm
wet lands:,which is less than 75'.
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article XI Section !nn_!!9._~
[ ] Section 280-^, New Yo~k Town Law fo~ approval of access ove~ rJght(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 $outhold Town Clerk's Office at Main Road, Southold, New York and you may then and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffc~lk Times and in the Long s and Trave er-Mattituck Watchman, newspapers publishe, d in.the
Town of Southold and designated for the publication of such noticesi that you or your representative have the
right to appear and be heard at such hearing.
Dated: Deeembex' 12. 1985~"-~'~'t~~"~c-"~~'~,~_~'~ -
Post Office Addr~s
1726 MEADOW LANE
~AR~ ~ADOW~ ~RW vn~ ~ 55a
NAME
LOT NO.
002
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
HARRY S. OLIVER, JR. & WIFE SOUNDVIEW AVENUE
SOUTHOLD, NEW YORK 11971
LOT NO. 5.2
JOHN KRAMER & WIFE
HARBOR LIGHTS DRIVE
SOUTHOLD, NEW YORK 11971
P 104 255 487
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAiL
(See Reverse)
Sent to
PO, State and ZIP Code
Postage $
Cedified Fee
Special Delive~ Fee
Restricted D ee
ReturF/ ~
iLo w~~
g Ret~m~rtceip~ng t~ ~m,
Dat~L a~d A~of D~l~ ~ .
Post mS~/ ~/
STATE OF NEW ~
COUNTY OF SUF
p 104 255 488
RECEtPT FOR CERTtFIED MAIL
INSURANCE COVERAGE pROVIDED
NONOI FOR iNTERNATiONAL MAIL
(See Reverse)
~,, Postage
JOSEPH GRASS0 , residing at 1726 MEADOW LANE, EAST MEADOW
NEW'YORK 11~ , being duly sworn, deposes and says that on the 13 day'
of Deeembez' ,19 85 , 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 o[ 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-
ficeat Lon~ Island C~.ty~ New Yoz'k ; that said Notices were mailed t~ each of said persoos by
6r~.rtifi.d ~ I ~m:ail ~
tted to adjoining
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter oT the Peti.~ion of :
JOSEPH. 0RASSO .... : NOTICE
: TO
~to~he'B6arO' of~ Appeals"of the'~T0wr~~of S~uthblct -: ........... ;~D~AdEN-T
TO: TOWN 0LERK - SOUTHOLD PROPERTY OW~. ER.
YOU ARE'HE~REBY GIVEN NOTICEi
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice]
YARIANCW.
2. That the property which is the subject of the Petition is located adjacent to yo~ur property and is des-
cribed as follows: 71~5 ~OUNDVIEW AVENUE, SOUTHOLD, NEW YORK: 00UNTY TAX
NO. 1000-059-06-003
3. That the property which is the subject of such Petition is located in the following zoning district:
' A ' RES IDE~'~_TAL
4. That by such Petition, the undersigned will request the following relief: Placement; of
an AcCessor~ Buildin~ in Side Yard Area.
$. That the provisions of the Southold Town ZoningCode applicable to the relief sought by the under-
signed are Article TIT Sectic~ 100-32
[ ] Section 280-A, New Yo~k Town Law fo~ apptova] of access ove~ ~§ht(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers' published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing. ~~~1..~
Dated: November 16; 1ORq.
0wnef~-L3ames:~'~EPH ORAS$O
PostOfficeAddress
1726 MEADOW LANE
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
LOT NO. 002
HARRY S. OLIVER,
WIFE SOUNDVIEW AVENUE
SOUTHOLD, NEW YORK 11971
LOT N0. 5.2
JOHN KRAMER & WIPE
HARBOR LIGh"PS DRIVE
SOUTHOLD, NEW YORK 11~71
P 107 463 502
P 107 463 501
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
i lSent t° ~'~"~"~e'-~ ¥~ ~ ~--~-~.
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Rewrse)
Sent to
Street and No.
P.O., State and ZIP Code
Postage
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing
to whom and
Postmar!~ ~ te
State and ZIP Code
Postage
Bpecial Delivery Fee
Restricted Delivery Fee
Return Receipt Showing
to whom and Date Delivered
~ L .............. I __1 , residin MEADOW
NEW YORK , being duly sworn, deposes and says that on the 16th day
of NOVEMBER , 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 addresse~ of said persons as shown on
the current assessment roll of the Town of Somhold; that said Notices were mailed at the United States Post Of-
ficeat EAST MEADOW, NEW YORK ;that~weremailedf, o,.eachof said persons by
(certified) (~i~tll~ mail.
Sworn to before me this 16th
day of. November" ,19
(This side does not have to be completed on form transmitted to adjoining
property owners.)
To:
November 16th
(Today's Date)
Southo!d Town Board of Appeals
Main Road
Southold, NY 11971
Appeal Application of ~OSEPH GRASSO
Location of Property: 71~5 Soundview AvenUe~
1985
Southold~ N.Y.
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
Stntc Enuironmental Conservation Law, please be advised that the
~ubjcct ?~o~c~'~y iQ the within appeal application:
(please ch(~ck cnne box)
[ ] May be located within 300 feet of tidal wetlands;
ho%~ever, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.*
[ ] 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.
[ ]
May be located within 300 feet of tidal wetlands;
however, constracted along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
Ix]
May be located within 300 feet of tidii wetlands;
and there is no bulkhead orconc___e- ~=~ . wall e:cis~zng
'on the premises.
not appear to
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items(*) indicate your property does
fall within the jurisdiction of the N.Y.S.D.E.C.]
~cerely you~
NOTE: If proposed project falls wit~kSD.E.C, jurl~s~iction,
approval must be received an~ submitted to our office before
your application can be scheduled for a public hearing. ,/
F
Ihe [~.¥.~. Lnvlronment,.I (luality I<(~v~ew Act requires sub-
mission of thick.form, and an environm[_'ntaj~l~reviuw will be
made by this b~d before any action is
(a) In 6rder to answer the questione in this short EA~ !s is a~m~ed that th~
prefacer will use currently available ~nforr~tlcn concerning the project and
]lkely Lqp~cts of the action, it is not expected that additional studlee, reeeerch
or c:her investigations will b~ undertaken.
(b) If any question has been answered Yes the project m~y be ~l~lftcant and
cc~p!eted Eavtrc~ental Assessment Fo~ i~
(c) If all questions have been answered No i% 1~ likely tbmt thio project
n~% significant.
(d) ~nvireunental A~se~sment
1. W~i project re~t in a large physical cbmnEe
to the project site or physically alter more
t~n 10 acres of land? . . . . . . . · · . Ye~ X ~o
- 2. Will %her, bsa m Jo~ chang~ to any ~lque o~ unusual lan~ fo~ fo~d on %h~ site?
X
3. Will project alter or have a large effect on
an existlng body Of water? . . . . . . .
&. Will project h~ve a potentially large Lmpacu on
gro.~ndwater quality? . . . . . . . o
Will project significantly effect drainage fl~w
6. Will project affect any %~eatened or endangered
7. W~I project reset In a major adverse effect on
~. W~i project have a major effect on visual
kno~ to be ~portant to thc community? . · · -- Yes X
9. WIll project adversely ~pact any site or
ute of hiato~ic, pre-historic, or
enviro~en~l area by a loca~ agency? · · · _ Yes ~ NO
10. W~i project have a ramjet effect on ext~t~g or
future recreational opportunities? · · · Yes )~o
11. Will project result In ~Jor traffic problems or
12. Will project reg~arly c~use objectionable
noise, glare, v~bratlon, or electrical dlstur~
anco as a reset of the proJect'~ operation? . Yes X No
13. Will project have any impact on pub].le health or
Id. Will project ~ffect the existing co,unity b~
directly cau~in~ a ~rowth ~n permanent popt~a-
%ion of ~oro than 5 percent over a on~yoaF
period er have a major negaslve effect On the
ch~ of the community cr ne~4hborhood~.. Yes X No
Yc~ X t~o
X
,, Yes ,
Yes X No
Yes X No
X
Yes , , No
Southold Town Board of Appeals
HAIN ROAD- ,STATE ROAD 2.5 ,5OUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONI$,JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
November 27, 1985
Mr. Joseph Grasso ~7~~'
1726 Meadow Lane
East Meadow, NY 11554
Re: Variance Application
Dear Mr. Grasso:
In response to your letter received today, we are
enclosing a copy of the building inspector's disapproval
which indicates that two variances are required.
We are also enclosing the original variance application
~n order that you may add the additional notations under
#2 and the reason for appeal at the bottom on the page.
Also, three neighbor notice forms are enclosed in order
that you can re-send the form to the two neighbors advising
them of the second part of the variance, which is under
Article XI, Section lO0-119(C) concerning setback from
freshwater wetlands (insertions at #4 and #5 of Neighbor
Form).
In reviewing the DEC permit in the preqious variance
for the house construction, it was found that the DEC per-
mit did not include the accessory garage structure. If
you have a permit from the DEC for the accessory garage,
please mail a copy for our file. If you do not have a
permit from the DEC for the accessory garage, it is likely
that the Board of Appeals will not schedule your variance
for a public hearing until you receive the amended DEC
permit.
~age 2 November 27, 1985
Mr. Joseph Grasso
Re: Variance Application
Please let me know if
by phone or in person.
I may
be of assistance to you
Yours very truly,
either
Enclosures
GERARD P.
CHAIRMAN
'By Linda
GOEHRINGER
Kowalski
JOSEPH A. GRASSO
APPEALS BOARD
MEMBERS
GERARD P, GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board o£Appeals
MAIN ROAD- STATE ROAD 2,5 SOUTHr1LD, k.l,, N.Y, 11c:j'71
TELEPHQNE (516) 765-1809
November 20, 1985
Mr. Joseph Grasso
1726 Meadow Lane
East Meadow, NY 11554
Re: Variance Application
Dear Mr. Grasso:
In reviewing the set of forms left at our office
yesterday, we notice that a variance under Article XI,
Section 100-119.2 of the Zoning Code concerning the
wetlands setback is also required but not applied for.
If you wish to incorporate this variance request,
a re-notice to adjacent property owners is required which
would indicate same on the notice form, lines #4 and #5
(also by certified mail), as well as amending the original
variance application form ZB1.
Alternatively, you may apply with a separate compleLe
application if you desire.
Please let us know your intentions.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski