The URL can be used to link to this page

Home My WebLink About3483Southold Town Board of Appeals MAIN ROAD- ~ITATIr ROAD 25 SOUTHOLD, L.I., N.Y, 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3483 Application gated March ]3, ]986 TO: N. Phyllis Birkby, R.A. for MR. AND MRS. PHILIP BELLOMO 155 West 19th Street New York, NY 10011 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on June 25, ]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 [X] Request for Variance to the Zoning Ordinance Article III , Section ]00-32 [ ] Request for Application of PHILIP AND ELLEN BELLOMO for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory garage/storage building in frontyard area at 7455 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 59, Block 6, Lot 8. WHEREAS, a public hearing was held and concluded on May 22, 1986 in the Matter of the Application of PHILIP AND ELLEN BELLOMO under Appeal No. 3483; and WHEREAS, the board members have personally viewed and are familiar with the premises in question;' its present zoning, and the surrounding areas; and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. By this application~ appellants ~equest permission to locate a 16' by 16' accessory storage building in the frontyard area, requiring a variance from Article III, Section 100-32. The proposed accessory w%l]~be for storage incidental to the residental use of the premises and not operated for gain and is proposed to be set back three feet at its closest point to the northeasterly side property ~ine and five feet at its closest point to the southerly (front) property line along the private road. 2. The premises in question is located along the north side of a private road which extends from the north side of Sound View Avenue, Southold. The subject premises is improved with a single-family one-story frame dwelling set back 57± feet from the front property line and consists of one-quarter (.24) of an acre, more or less. The lot width of this parcel (CONTINUED ON PAGE TWO) DATED: Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3483 Matter of PHILIP AND ELLEN BELLOMO Decision Rendered June 25, 1986 varies from 60± feet along the front property line to 90± feet along Great Pond. 3. The dwelling as exists has a setback from the tie line along the shoreline of Great Pond of 47± feet. Locating this accessory building in the rearyard will require a variance under the provisions of Article XI, Section 100-119.2. In considering this appeal, the board finds and determines: (a) that the relief requested is not unreasonable and is not substantial in relation to the zoning requirements; (b) there will be no substantial change in the character of the area; (c} the circumstances of this parcel are unique; (d) the practical difficulties are sufficient to warrant the granting of a variance; (e) there is no other method feasible for appellants to pursue other than a variance; (f) in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will best be served by allowing the variance, as noted below~ Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that the relief requested for permission to locate a 16' by 16, accessory storage building in the trontyard area BE AND HEREBY IS APPROVED, in the Matter of the Application of PHILIP AND ELLEN BELLOMO, Appea! No. 3483, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The accessory building be Jocated a minimum of five feet from the easterly (side) property ~ine; 2. The accessory building be located a minimum ot 20 feet from the southerly (front) property line; 3. No sleeping or habitable quarters be permitted; 4. The accessory building not be operated for gain (such as rental for business storage, etc.) and shall be only for storage accessory to the residence; 5. Vehicle doors to face to the west or north; 6. Accessory building be limited to one-story height; structure emergency; There be no sideyard reductions on principal dwelling to allow tor sufficient access in the event of a fire 8. Proper minimum height of screening). screening along road side of building with a three feet (with hedges or evergreen-type Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk 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, Southotd, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, MAY 22, 1986 and as follows: 7:35 p.m. to the Zoning for approval referred to NY; Lot #1 and Lots #9 County Tax Map District Appeal No. 3399 - JOSEPH AND ANN PACELLI. Variance Ordinance, Article III, Section 100-31, Bulk Schedule, of insufficient area, depth and width of three parcels as Lots #1, 9 and 10, Map of Bayside Terrace, Southold, located along the south side of North Bayview Road, and #10 located along the easthside of Summer Lane; 1000, Section 78, Block. 9, Lots 1 and 16. ?:40 p.m. Appeal No. 3492 JOYCE TESE. Variance to the Zoning Ordinance, Article III~ Section 100-32C, for permission to locate accessory three-car garage in frontyard area, at 800 Jackson Street, New Suffolk, NY; County Tax Map District 1000, Section 117, Block 10, Lot 5. 7:45 p.m. Appeal No. 3498 GREENPORT N.Y. CONGREGATION OF JEHOVAH WITNESSES. Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[2] for permission to constr'uct addition and establish same for religious, library use, at 1345 Indian Neck Lane (a/k/a 50 Spring Lane), Peconic, NY~ County Tax Map District 1000, Section 86, Block 5, Lot 1. 7:50 p.m. Appeal No. 3504 - GREENPORT HOUSING ALLIANCE. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to locate new single-family dwelling with insufficient total sideyards and insufficient northerly sideyard at 1300 Seventh Street, Greenport, NY; Map of Greenport Driving Park, Lot #369; County Tax Map District 1000, Section 48, Block 3, Lot 16. 7:55 p.m. Appeal No. 3500 - NORMAN REICH. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for permission to construct deck addition with insufficient rearyard setback at 655 Cedar Drive~ East Marion, NY; County Tax Map District 1000, Section 22, Block 2, Lot 41. Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 22, 1986 tt' 8:00 p.m. Appeal No. 3483 - PHILI~ AN~ ELLE~BELLOMO. Variance~ the Zoning Ordinance, Article III, Section 100-32 for permission locate accessory garage/storage building in frontyard area at / 7455 Soundview Avenue, Southold, NY; County Tax Map District ~.__~ection 59, Block 6, Lot 8. 8:05 p.m. Appeal No. 3065 JOHN M. KERBS. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area of three parcels in this proposed four-lot minor subdivision located along the south side of Middle Road (C,R. 48), Southold, NY~ County Tax Map District 1000, Section 55, Block 3, Lot 3. 8:15 p.m. Appeal No. 3418 April 3, 1986). GRETCHEN HEIGL (Recessed from 8:20 p,m. Appeal No. 3493 WELLS PONTIAC-CADILLAC. Variances to the Zoning Ordinance, Article VI: (a) Section 100-60(C)[2](a) for permission to erect ground sign exceeding maximum 6'6" height requirement, and exceedin§ height requirement of 15'6" from ground to upper edge of sign~ and (b) Section 100-60(C)[2](b)[4] for permission to place wall sign with projection of more than one foot, at 42155 Main Road (a/k/a 20 Peconic Lane), Peconic, NY; County Tax Map District 1000, Section 75, Block l~ Lot 14. 8:25 p.m. Appeal No. 3491 DONALD J. GRIM. Special Exception of the Zoning Ordinance, Article IX, Section 100-90 for permission to construct storage building and eStablish outside stockpiling of material uses in this "C-l" Heavy Industrial Zoning District. Location of Property: Lot #2, (Pending) Minor Subdivision ~450 of L.B. Glover, south side of Oregon Road, Cutchogue; County Tax Map District 1000, Section 83, Block 3~ Part of Lot 4.4, containin9 4.59 acres. 8:30 p.m. Appeal No. '3477 KATHERINE AND WILLIAM HEINS. Variance to the Zoning Ordinance, Article III, Section 100-31~ Bulk Schedule for approval of insufficient area, width and depth of two parcels in this proposed division located along the north side of Main Road, Orient, NY~ County Tax Map Parcels No. 1000-19-2-5 and 6. 8:45 p.m. Appeal No. 3501 NORTH FORK WELDING/SCHOENSTEIN. Variances to the Zoning Ordinance, Articles: (a) XI, Section Page 3 Notice of Hearings Southold Town Board or'Appeals Regular Meeting of May 22, 1986 lO0-119.2(B) for permission to locate new building within the required 75' setback from wetlands area, (b) VI, Section 100-60 for permission to expand nonconforming use of welding business in this "B-Light" Business Zoning District located along the south side of Main Road~ (S.R. 25), Greenpor~ NY~ County Tax Map Parcels No. 1000-53-2-12, 13 and 15; Lots q72, 173, t~-,74, Peconic Bay Estates Map #658, and Map #1124 as Amended. 8:50 p.m. Appeal No. 3471 - NICHOLAS TSIRKAS (Recessed from May l, 1986). 8:55 pl.m. Appeal No. 3497 - MARJORIE D. PETRAS. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition in excess of maximum-permitted 20% lot coverage requirement, at 700 Koke Drive, Southold, NY; County Tax Map Parcel No. 1000-87-5-006. 9:05 p.m. Appeal No. 3507 - NICK THEOPHILOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(A) for permission to locate swimmingpool with deck and fence enclosure within lO0' 'of bluff area alon§ Long Island Sound, at 2200 Sound Drive, Greenport, NY~ Lot #118, Map of Eastern Shores, Section 4; County Tax Map Parcel No. 1000-33-1-16. 9:10 p.m. Appeal No. 3458 - NORTH ROAD ASSOCIATES. Variance to the Zoning Ordinance, Article III, Section 100-31 For Article XIII, Section 100-136(E)] for ~pproval of three parcels having insufficient area, and proposed Parcel #3 having insufficient depth, located o~ private right-of-way off the north side of Main Road (S.R. 25), Orient, NY; County Tax Map Parcel No. 1000- 018-4-1 (t.1). The Board of Appeals will. hear at said time and place all persons or representatives desiring to be heard in each of the above hearings. Written comments may also be submitted prior to the conclusion of the hearing in question. For more information, please call 765-1809 (alt. 1802). Dated: April 16, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN ATTENTION NEWSPAPERS: Please publish Thursday, May 15, 1986 and forward two affidavits of publication on or before May 19th to: Board of Appeals, Main Road, Southold, NY 11971. lk NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code o~ the Town of Southold, the following p. ublic hearings will be held in addition to those previously advertised by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Halt, Main Road, Southold, NY at a Regular Meeting on THURSDAY~ MAY 22, 1986: 8:10 p.m. Appeal No. 3506 - ARMANDO J. CAPPA/PORT OF EGYPT ENTERPRISES. Variance to the Zoning Ordinance, Article ×I, Section 100-119.2(B) for permission to locate attached deck and seafood holding tanks within 75' of high water and bulkhead, at 62140 Main Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-2; Lewis Homes Co., Inc.. Filed Map #535, Lots ]-9 inclusive. 8:50 p.m. Appeal No. 3509 HOWARD AND JANET MALONE. Variances to the Zoning Ordinance, Article: (a) III, Section 100-31, Bulk Schedule, for permission to construct addition with an insufficient sideyard setback, and (b) XI, Section 100-119.2(B) for permission to locate addition within 75' of ordinary highwater mark and bulkhead, at 250 Blue Marlin Drive, Greenport, NY; Southold Shores Map #3853, Lot #3; County Tax Map Parcel No. 1000-56-07-21. Dated: April 16, 1986. GERARD P. GOEHRINGER, CHAIRMAN (516) 765-1809 ATTENTION NEWSPAPERS: Please publish Thur~d__gX~lqaz two affidavits of publication on or before May 19th Appeals, Main Road, Southold~ NY; (516) 765-1809. 15th and forward to: Board of TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFIqCE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ........... PLEASE TAKE NOTICE that your app~ca~ion dated ... ~ .~ ........ County T~ M,p No. 1000 Section ~ Block Subdifi~on ................. F~ed Map No ..... - ............ i~ refunded he~w~th and d~sapproved on the tollow~g grounds ./. v.~v~ .... ~e ~./~.. ........... _,. l.L,~.~v i~.. .. ~o~ ~. . . ~ . ~. . ~, . ~ ~, . ~. a ~ ~. ~<~ ........... ~Lfild' ng Ir. sp~c - 'FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL ,~OUTHOLD, N.Y. 11971 TEL.: 765-180:2 Examined ............... ,19... Approved ................ 19... Permit No ........... Disapproved a/c .................................... Received ........... ,19... (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. Th/s application must be completely £flled in by typewriter or in ink and submitted to the Building Inspector, with~ _.~tj~p~pl ~.§, accurate plot plan to scale. Fee according to schedule. b. P1St plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be conunenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work, e. No building shall be occupied or used in wkole or in parr for any purpose whatever until ~ Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housin~ code, and regulations, and to admit authorized Inspectors on premises and in building for necessary inspectioj~s; /if ~ - , ...... ... .............. (Signature of applicant, or name, if a corporation) 6/ (Mailing address of applicant) / / ~Fo_~ State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. (as on the tax roll or lazes* deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................... Plumber's License No. ' Electrician's License No ....................... Other Trade's License No ...................... 1. Location of land an which pro~?osed work will be done .......... . ..... .~? .... ~_ ......................... ........ .... .... ?.,-¢.?. ...... House Number Street Hamlet County Tax Map No. 1000 Section -~ ~ ...... Block . ~-, . .......... Lot...c~ ............... Subdivision... ~, ................................. Filed Map No. x7 Lot ~ (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .... 4 .~(/.. q~-~ .6../..~.r. ~, .................. ............... b. Intended use and occupancy .... ~..gf~.q~L..%( f.6/..~. . ./.~f./. ....... D~&~, .~9.' ..... f. ......... ~3.* Nature of work (check which applicable): New Building .. :~ .' ..... Addition .......... Alteration .......... ~pa~4~.~.' ~ ~ '~ ~ ~. ~_ . Removfl .............. Demo~tion .............. O~er Work ~ '~'I! (Description) 4. Est~atedC~t... .,.~) .... Fee ... ~ (to be pfid on filing ~is application) 5. If dwe~g, number of dwe~g u~ts ...... ~ ....... Number of dwel~g u~ts ~n ~ floor ....... ~ ........ If g~age, number of c~ .......... ~ ............................................................ 6. If business, co~erci~ or mixed occup~ey, spec~y nature ~d extent of each type of u~ ... 7. D~en~ons of ex~g structures, if ~y: Front ...... : ........ Rear .... '- .. Dep~ ..... :~. ........ Height ............... Number of Stories - . ................................................ D~ensions of s~e structure with attera~ons or additions: Front -'. ........ Rear ...... -~ ........... Depth ............. HeiSt ............... Number of Stones ...................... 8. D~en~ons ofan~e new construction: Front ...... (~..' .... Rear ...... '~'.' . Dep~ ...&~ .' ........ Height .... ~. ~ ....... ~umber of Sto~es .... 4 .......................... 9. Size of lot: Front ...... ~. ~ ~. ~: / .... ~.. R~ ....... ~; v{.~. ...... Dep~ ..... /.~ ~: .~ ......... 10. Da~ of P~ch~e ... d;~..~. 4 ~.. :.. ~q ........ Name of Foyer O~er ... - '[1. - Z~e oru~e d{~d~ w~c~ premis~ff~imated - . ......... -.-.. ,~:. ....-. ~; .- ..................... 12. Does prnposed cons~uction violate any zo~ng law, ordinance or regnlation: ................................ 13, Wffi lot be re~aded ..... C~.Q ................... Will excess ~l be removed from ~rem~ses: Yes N~ 14. Nme of Owner of presses ~5~ ~'. ~z. ~ m.¢. Address ~&2 Nme of ~chitect ........................... Address ................... Phone No ................ Nme of Contractor .......................... Ad,ess ................... Phone No ................ PLOT DIAGILMM Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YO~K,,^ country OF ...... S.S ·..~/~7.c. 5 fi: .~ff....,4~.c~'.L'..c: g27. 9 ......................being duly sworn, deposes and says thal2he is the applicant (Name of individual signino contract) above named. erie is the ......................................................................................... (Contractor, agent, corporate officer, etc.) of-mid owner or-oamm~, and is duly authorized to perform or have performed the said work and to make and file this application; that alt statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ........................ day of Notary Public ........................... : ....... County '-- (SignatUre of applicant) ~V~ TOWN OF $OUTHOLD, NEW YORK FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Philip & Ellen Be]lama 25 3o~vce Rd. APPEAL NO. ......... 1, (We) .................................................................. of ............................................................................ Name of Appellant Street and Number P lai nv iew ...... .N.:..Y.: ............... 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 Noel Phyllis Birkby, Arch. Name of Applicant for permit of 155 W. 19 St New York N.Y. 1001t Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) Bldg. Permit 1. LOCATION OF THE PROPERTY .......... .7.~..5..5....S..o..u..n..d..v..i..e..w...A..v..e. .................... A....R..e..s..i..d..e..n..t..i.,a.] ......... Street Use District on Zoning Map 59 ~Block 6 Lot 8 C rrent .................................. .~.: ............................................ u Owner Philip & Ellen Bellomo 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.) Art III SEC 100-32 3. TYPE OF APPEAL Appeal is made herewith for ( X ) 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. t6 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 ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is 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 Present situation does not provide sufficient or adequate storage space for family living. 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 The present house was built before ordinance went into effect and has no garage or storage area on site which is usable, 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The prooosed accessory building is small ( approx. 18'x18' ) and will blend in with the local character of light wood frame structures. COUNT~ ~~ ) ss ......... ._?..~i~;~;~ .......................... !.. Sworn to this ............................ : ................. day of ................................... 19 o~ ............................... ~ ~/ Notary Public P_TOWN OWNER FORMER OWNER OF ~$OUTHOLD PROPERTY TREET LAND ! IMP. TOTAL FARM DATE RECORD CARD VILLAGE SUB. LOT - -//" 2 E ACR. TYPE OF BUILDING W ~ COMM. CB. MICS. Mkt. Value I REMARKS AGE BUILDING CONDITION ~ BELOW NEW Tillable NORMAL Acre Value Per Acre ABOVE Value FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Totol DOCK COLOR B Exten,sion Extension Extension ., Porch Breezeway Garage Patio Total Foundation ~ ,~ . / j ~_~.].Bosement !Ext Walls !F re Place ~Fype Roof ! iRecreat on Room Bath Floors nterior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway Dinette LR. DR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11c~'71 '!ELEPHONE (S1GI 765 1809 APPEALS BOARD MEMBERS GERARD P GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H SAWICKI INTER-DEPARTMENTAL MEMORANDUM T'~: Mr. Thomas Fisher, Building Inspector FROM: Jerry Goehringer, Chairman~/~ DATE: September 30, 1987 SUBJECT: Appl. No. 3483 Philip and Ellen Bellomo Location of Property: 1000-59-6-8 7455 Soundview Ave, Southold As per your inquiry concerning specifics of the Board's decision rendered June 25, 1986 in the above matter, it should be noted that in order to comply with Condition No. 8 of Appl. No. 3483, bushes (other than dwarf or low-growing types) must be planted aiong the road side of the accessory storage building, two to three feet apart, at a minimum height of between 18 to 24 inches. Additional inspections will not be required unless requested by your department. Thank you for your assistance. lk DEPARTMENT OF' PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN DIRECTOROFpLANNING July 11, 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 Co,~nission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Mr. & Mrs. Philip Bellomo/ 3483 Mr. & Mrs. Howard F. Malone 3509 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR, SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPR H. SAWICKI Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the TOWD of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×X Variance from the Zoning Code, Article III, Section 100-32 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3483 Applicant: Mr. and Mrs. Philip Ballomo Location of Affecte'd Land: 7455 Soundview Ave., Scuthold, N.Y. County Tax Map Item No.: 1000- 59--6-8 Within 500 feet of: TOWD or Village Boundary Line ..... ~x- Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Ownud Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Strmam or Drainage Choline Owned by the County or for Which ihe County Has Established Channe Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission Dated: July 8, 198~' APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, 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. llg?l TELEPHONE (516) 765-1809 July 3, 1986 Mrs. N. Phyllis Birkby, 155 West 19th Street New York, NY lOOll Re: Appeal No. 3483 Philip and Ellen Bellomo (Variance) Dear Mrs. Birkby: 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 either our office (765-1802). any questions, please do not hesitate to call (765-1809) or that of the building inspector' Yours very truly, Enclosure Copy of Decision to: Building Department Mr. and Mrs. Philip 25 Joyce Road Plainview, NY 11803 Bellomo GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary NOTICt:. GF H/~ARIN~ 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 b~ held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southnid Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, MAY 22, 1986 and as follows: 7:35 p.m. Appeal No. 3399- JOSEPH AND ANN PACELLI. Variance to the Zon- ing Ordinance, Article III, Sec- tion 100-31, Balk ScJoedule' for approval of insufficient area, depth and width of three parcels referred to as Lots No. 1, 9 and 10, Map of Bayside Terrace, Southold, NY; Lot No, I located along the south side of North BayvieW Road, and Lots No, 9 and 10 located along the eastside of Sullrmer Lane; County Tax Map District 1000, Section 78t Block 9, Lots 1 and 16. 7:40 p.m. Appeal No. 3492- JOYCE TESE. Variance to the Zoning Ordinance, Article III, S~tion 100-32C, for permission to locate accessory three-car garage in frontyard area, at 800 Jackson Street, New Suffolk, NY~ County Tax Map District 1000, Section 117, Block 10, LOt 5. 7:45 p.m. Appeal No. 3498- GREENPORT N.Y. CON- GREGATION OF JEHOVAH WITNESSES. Special Excep- tion to the Zoning Ordinance, Article Ill, Section 100-30 (B)[2] for permission to construct ad- oitinn and establish same for religious, library use, at 1345 In- dian Neck Lane (a/k/a 50 Spring Lane), Peconic, NY; County %x Map District 1000, Section 86, Block 5, Lot 1. 7:50 p.m. Appeal No. 3504- GREENPORT HOUSING ALLIANCE. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to locate new single-farniy dwelling with insufficient total sideyards and insufficient northerly sideyard at 1300 Seventh Strut, oreenport, NY; Map of Green- port Driving Park, Lot No. 369; County Tax Map District 1000, Section 48, Block 3, LOt 16. 7:55 p.m. Appeal No. 3500- NORMAN REICH. Variance to the Zoning Ordinance, Article 111, Section 100-31, Bulk Schedule for permission to con- struct deck addition with insuf- ficient rearyard setback at 655 Cedar Drive, East Marion. NY; COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that sh~ Editor, of THE LONG ISLAND -FRAVELER-WATC a public newspapel p~inted at Soulhold, in Suffolk and that the notice of which the annexed is a printe has been published in said Long Island Traveler-Wa once each week for ................. ~ ....... successively, commencing on the ........ ,,z.)7. ~ d r.~..~.J~74c~ , 19 ~ Sworn to before me this .......... 4):. ~ ........ 8:10 p.m. Appeal No. 3506- ARMANDO J. CAPPA/PORT OF EGYPF ENTERPRISES. '7 -"~'/~ Variance to the Zoning Or- ~/~. , / dhraoce, Article XI, Section ./,?~y~../~...~( .~.:~..7~... 100-119.2 (B) for permission to 'locate attached deck and Notary Public seafood holding tanks within 75' of lfigh water and bulkhead, at 62140 Main Road, Southold, NY; County ~ Map Pardi No. 1000-56-6-2; Lewis Homes Co., Inc. Filed Map No. 535, Lot 1-9 inclusiw~ 8:15 p.m. Appeal No. 3418- GRETCHEN H~IGL (Recessed from April 3, 1986). 8:20 p.m. Appeal No. 3493- WELLS PONTIAC- CADILLAC. Variances to the Zoning Ordinance, Article VI: (a) Section 100-60(C)[2](a) for permission ~o erect ground sign egceeding maximum 6'6" height requirement, and exceeding height requirement of 15'6" from ground to upper edge of sign' and {b) Section 100-60(C)[2](b)[4] for permis- sion to place wall sign with pro- jectlon of more than one foot, at 42155 Main Road (a/k/a P~0nic Lane), Peconic, NY', County 'Ibx Map District S{~tion 75, Block 1, Lot 14. 8:25 p.m. Appeal No, 3491, DONALD J. GRIM. Special Eag~tion of the Zoning Or- dinance, Article 1X, Section 100-90 for permission to con- BAKB A ICA Ft)RBES [t, tm'y Public, State of New York No. 4~ 0~38,16 (~ ii!Jibed in Suffolk County County Tax Map District 1000, strUct storage building and Sectinn 22, Block 2, Lot 41 .... ~-~ . N~. establish outstde stockpdtng of / 8:00 p.m. Appeal.No. 3483~. material uses in this "C-I" (PHJ~Ip,'i AN~' ~',,~L,[,.~.) H--~vyl'----ndust-~ialZovJngDistrict. ~ BEL?~.~O'Varian~t°lhP~g~'~ Loc~tion of Property: Lot No. I ~ng Ordmaoce, Article llll SeC-4~ ~ ca'ad n*'~ Minor Subd v s on ] lion 100-32 for permission to '~ ~o. 4~'"~ o'}'L."~. Glover, south / locate accessorygarngedstorage ,m,. ,~f Ore*on Road Cut- /building in frontyard area at /7455 Soundview Avenue,' I~':'~i'~'10~'~t~ion'~' Southold, NY; County Tax Map' J District !000, Section 59, Bloc~ 6, Lot 8. "8:~ p.m. Appeal No. 3477- 8:05 p,m. Appeal No. 3065-' JOHN M. KERBS. Variance to the Zoning Ordinance, Article 111, S~ction 100-31, Bulk Sched- ale, for approval of insufficient area of three parcels in this pro- posed four-lot minor subdivi- sion located along the south side of Middle Road (C~R. 48), Southold, NY; County 'I?ax Map District 1000, Section 55, Block ~3, Lot 3. WILLIAM AND KATHERINE HEINS, Variance to the Zoning Ordinance, Arti- cle III, Section 100-]1, Bulk $~:hedule for approval of insuf- ficient area, width and depth of two parcels in this proposed division located along the north side of Main Road, Orient, NY; Ce' "'v ~ Map Parcels No., lt. 2~5 and 6. 8:45 p.m. Appeal No. 3501- NOR'rH FORK WELDING/SCHOENSTEIN. Variances to the Zoning Or- dinance, Articles: (a) Xi, Section 100-119.2 (B) for permission to locate new building within the required 75' setback from wetlands area, (b) VI, Section 100-60 for permission to expand nonconforming use of welding business in this "B-Light" Business Zoning District located along the south side of Main Road, (S.R. 25), Greenport, NY; Coanty Tax Map Parcels No. 1000-53-2-12, 13, and 15; Lms 172, 173, 174, Peconic Bay Estates Map No. 658, and Map No. 1124 as Amended. 8:50 p.m.- Appeal No. 3471- NICHOLAS TSIRKAS (R~cess- ed from May 1, 1986). 8:50 p.m. Appeal No. 3509. HOWARD AND JANET MALONE. Variances to the Zoning Ordinance, Article: (a) I11, Section 100-31, Bulk Schedule, for permission to con- struct addition with an insuffi- cient sideyard setback, and (b) X1, Section 100-1t9.2 (B) for permission to locate addition within 75' of ordinary highwater mark and bulkhead at 250 Blue Marlin Drive, Greenport, NY; Southold Shores Map No. 3853, Lot No. 3; County Tax Map Parcel No. 1000-564)7-21. 8:55 p.m. Appeal No. 3497- MARJORIE D. PETRAS. Variance to the Zoning Or- dinance, Article I11, Section 100-3! for permission to con- struct addition in excess of maximum-permitted 20 percent lot coverage requirement at 700 Koke Drive, Southold, NY; County 'Fax Map Parcel No. 1000-87-54)06. 9:05 p.m. Appeal No. 3507- NICK THEOPHILOS. Variance to the Zoning Ordinance, Arti- cle XI, Section 100dI9.2(A) i~r permission to locate swimming pool with deck and fence enclosure within 100' of bluff area along Long Island Sound, at 2200 Sound Drice, Greenport, NY, Lot No. 118~ Map of Eastern Shores, Section 4, County Tax Map Parcel No. !000~33-1-16. 9:10 p.m. ~ppeal No. 34:58- NORTH ROAD' ASSOCIATES. Variance to the Zoning Or- dinance, Article I11. Section 160-31 [or Article XIII. Section 100-136(E)] for approval of three parcels having insufficient area. and proposed Parcel No. 3 haw ing insufficient depth, located on private right-of-way off the north side of Main Road (S.R. 25), Orient, N.Y.; County Tax Map Parcel No. 1000-018-4-1 (1.1). The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above hearings. Written com- ments may also be submitted prior to the conclusion of the hearing in question. For more information, please call 765-t809 (alt. 1802). Dated: April 16, 1986 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEIIRINGER, CHAIRMAN IT-5/15/86(12) NOTICE IS HEREBY GIVEN, m~rsuant to Section 287 of the ~ lown Law and the Code of the ?own of Seuthold, the following ~ ~mblic hearings will be held by ;be sOUTHOLD TOWN BOARD OF APPEALS at the Southoid Town Hall, Math Road, ~ouLLold, NY at a Regular Meet- m~ commenting at 7:30 p.m. on -'~UIRSDAY MAY 22, 7:35 p.m. Appeal No~i99 -' JOSEPH AND ANN PACELLI. Variance to the Zen- mg Ordinance, Article IH, Sec- t.m 100-31, Bulk Schedule, for ,pproval of insufficient area, depth and width of three parcels' rel~rred to as Lot~ No. l, 9 and 10, Map of Bayside Terrace, Southold, NY; Lot No. 1 located along the south side of North Bayview Road, and Lots no. 9 and ~,c. 10 located along the east side ¢,f Summer Lane; County Ta~ Map District 1000, Section 78~ B~ock 9, Lots ! and 16. 7:40 p.m. Appeal No. 3492 - JOYCE TESE. Variance to the Zoning Ordinance, Article III, Section 100-32C, for permission to locate accessory three-car gar- ~ge in frontyard area, at 800 Jackson Street, New Suffolk, NY; County Tax Map District 1000, Section 117, Block 10, Lot 7:45 pm. Appeal No. 3498 - GREENPORT N.Y. CONGRE- GATION OF JEHOVAH WIT- NESSES. Special Exception to the Zoning Ordinance, Article Iii, Section 100-30(B)(21 for per. mmmon to construct addition and establish ~ame for religious, li- brary use, at 1345 Indian Neck Lane (u~l</~ 50 Spring Lane), Peconic, NY; County Tax Map District 1000, Section 86, Block 5, LOt1. 7:50 p.m. Appeal No. 3504 - GREENPORT HOUSING AL- LIANCE. Variance to the Zen- mg Ordinance, Article III, Sec- tion 100-31 for permission to Io- cate new single-family dwelling with insufficient total sideyards and insufficient northerly ~ddeyard at 1300 Seventh Street, Greenport, NY; Map of Green- port Driving Park, Lot No. 3B~; County Tax Map District 1000, Section 48, Block 3, Lot 16. 7:55 p.m. Appeal No. 3580 - NORMAN REICH. Variance to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Sehedule for permission to coo- street deck addition with insuffi- cient rearyard setback at 655 County Tax Map District 1000, Section 22, Block 2, Lot 41. ~ 8;00 p.m. Appeal No. 3483 .~x~ PHILIP AND ELLEN BEL- LOMO. Variance to the Zoning Ordinance, Article RI, Section 100-32 Iht permission to locate. acct.ssory garage/storage build- ng m fl'ontyard area at 7455 Seundview Avenue, Seuthold, NY; County Tax Map District I O00, Section 59, Block §, Lot g. ~ 8:05 p,m. Appeal No. 30~5 . JOHN M. KERBS. Variance to the Zoning Ordinance, Article I11, Section 100-31, Bulk Scbedule, for approval of insuffi-. cient area of three parcels in this~ proposed four-lot minor eubdivi. sion located along the south side of Middle Road (CR. 481, South. old, NY; County Tax Map Dis. trict 1000, Section 55, Block Lot 3. 8:10 p.m. Appeal No. 3506 ARMANDO J. CAPPA/PORT OF EGYPT ENTERPRISES.. Variance to the Zoning Ordi- nance, Article XI, Section 100- 118.2(BI for permission to locate f~ttached deck and seafc~l hold- mg tauks within 75' of high wa~er and bulkhead, at 62140 Main Road, Southold, NY; County Tax Map Parcel No. ground to upper edge of sign; and lb) Section 100-60(C)(21(b)(41 for permission to place wall sign with projection of more than one foot, at 42155 Main Road 20 peconic Lane), Peconic, NY; County Tax Map District 1000, Section 75, Block 1, Lot 14, 8:25 p,m. Appeal No. 3491 DONALD J. GRIM. Special Ex- ception of the Zoning Ordinance, Article IX, Section 100-90 for permission to construct storage building and establish outside stockpiling of material uses in this "C-I" Heavy Industrial Zen, lng District. Location of l~'op- erty: Lot No. 2, (Pending) Minor Subdivision No. 450 of L.B Glover, south side of Oregon Road, Cutchogue; County Tax Map District 1000, Section 83, Block 3, Part of Lot 4.4, contain- lng 4.59 acres. 8:30 p.m. Appeal No. 3477 - KATHERINE AND WILLIAM HEINS. Variance to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Schedule for ap- proval of insufficient area, width and depth of two parcels in this proposed division located along the north side of Main Road, Orient, NY; County Tax Map Parcels No. 1000-19-2-5 and 6. 8:45 p.m. Appeal No. 3501 - NORTH FORK WELDING/ SCHOENSTEIN. Variances to the Zoning Ordinance, Articles: ia) XI, Section 100-119.2(B) for permission to locate new build- ing within the required 75' set- back from wetlands area, lb) VI, Section 100-60 for permission to expand nonconforming use of welding busines~ in this "B- Light" Business Zoning District located along the south side of Main Road, (S.R 25L GreenpoH, NY; County Tax Map Parcels No. 1000-53-2-12, 13 and 15; Lots 172, 173, 174, Peconic Bay Es- totes Map No. 658~ and Map No. 1124 as Amended. 8:50 p.m. Appeal No. 3471 - NICHOLAS TS1RKAS/Rece~- sad from May 1, 19861. 8:50 p.m. Appeal No. 3509 IIOWARD AND JANET MALONE. Variances to the Zoning Ordinance, Articlet tel III, Section 100-31, Bulk Schedule, for permission to con- struct addition with an insuffi- cient sideyard setback, and XI, Section 100-119 2lB) for per mission to Locate addition within 75' of ordinary higbwater mark and bulkhead, at 250 Blue Mar- lin Drive, Greenport, NY; South old Shores Map No, 3853, Lot No 3; County Tax Map Parcel No 8:55 p,m. Appeal No. 3497 MARJORIE D. PETRAS. Variance to the Zoning Ordi- nance, Article III, Section 100-31 for permlsswn to construct add - tion in excess of maximum-per- mittod 20 percent lot coverage re- quirement, at 700 Koke Drive, Southold, NY; County Tax Map Parcel No. 1000-87-5-006. 9:05 p.m.. Appeal No. 3507. NICK THEOPHILOS. Vari- ance to the Zoning Ordinance, Article XI, Section 100-119.2(A? for permission to loctite swim- ming pool with dt~k and fence ai ea along Long Island Sound~ at NY; Lot No. 1 ld, M~p of Eastern STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Iteather Cusack ofGreonport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greonport, in tho Town of Southold, County of Suffolk and State of Nuw York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the __~ S day of May 8 6 19 Principal Clerk / Sworn to befo~o~ me this ~-v-~- day of .... ~/~_(~t.~ 19~2 / APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2S BOUTHOLD, L,I., N.Y. 11971 TELEPHONE (516) 765-1809 TO ~,VHOM IT MAY CONCERN: Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice as published n the local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I. Traveler-Watchman indicating the date and time of your public hearing. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the public hear- ing and in order to prevent any delay in the processing of your application. If you have any questions, or if you would like to review your file prior to the hearing, please do not hesitate to either stop by our office at the Southold Town Hall, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-1802). Yours very truly, lk Enclosure GERARD p. GOEHRINGER C H Al RMAN Page 2 - Appeal No. 3483 Matter of PHILIP AND ELLEN Decision Rendered June 25, BELLOMO 1 986 varies from 60± feet along the front property line to 90+ feet along Great Pond. 3. The dwelling as exists has a setback from the tie line along the shoreline of Great Pond of 47± feet. Locating this accessory building in the rearyard will require a variance under the provisions of Article XI, Section 100-119.2. In considering this appeal, the board finds and determines: (a) that the relief requested is not unreasonab]e and is not substantial in relation to the zoning requirements; (b) there will be no substantial change in the character of the area; (c} the circumstances of this parcel are unique; (d) the practical difficulties are sufficient to warrant the granting of a variance; (e) there is no other method feasible for appellants to pursue other than a variance; (f) in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will best be served by allowing the variance, as noted below. Accordingly~ on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that the relief requested for permission to locate a 16' by 16' accessory storage building in the trontyard area BE AND HEREBY IS APPROVED, in the Matter of the Application of PHILIP AND ELLEN BELLOMO, Appeal No. 3483, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The accessory building be located a minimum of five feet from the easterly (side) property line; 2. The accessory building be located a minimum oT 20 feet from the southerly (front) property line; 3. No sleeping or habitable quarters be permitted; (such as only for The accessory building not be operated for gain rental for business storage, etc.) and shall be storage accessory to the residence; 5. Vehicle doors to face to the west or north; 6. Accessory building be limited to one-story height; 7. There be no sideyard reductions on principal dwelling structure to allow Tor sufficient access in the event of a fire emergency; 8. Proper screening minimum height of three feet screening). along road side of building with (with hedges or evergreen-type Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN July 3, 1986 MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3483 Application Dated March ]3, ]986 TO: N. Phyllis Birkby, R.A. for MR. AND MRS. PHILIP BELLOMO 155 West ]gth Street New York, NY lO011 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on June 25, ]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 [ ] Request for Application of PHILIP AND ELLEN BELLOMO for a Variance to the Zoning Ordinance, Article III, S%~~3'2-for permission to locate accessory garage/storage building in frontyard area at 7455 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 59, Block 6, Lot 8~ WHEREAS, a public hearing was held and concluded on May 22, 1986 in the Matter of the Application of PHILIP AND ELLEN BELLOMO under Appeal No. 3483; and WHEREAS, the board members have personally viewed and are familiar with the premises in question,~ its present zoning, and the surrounding areas; and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS~ the board made the following findings of fact: l. By this application, appellants request permission to locate a 16' by 16' accessory storage building in the frontyard area, requiring a variance from Article III, Section 100-32. The proposed accessory will be for storage incidental to the residental use of the premises and not operated for gain and is proposed to be set back three feet at its closest point to the northeasterly side property line and five feet at its closest point to the southerly (front) property line along the private road. 2. The premises in question is located along the north side of a private road which extends from the north side of Sound View Avenue, Southold. The subject premises is improved with a single-family one.-story frame dwelling set back 57± feet from the front property line and consists of one-quarter (.24) of an acre, more or less. The lot width of this parcel (CONTINUED ON PAGE TWO) DATED: Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD ¢-' '- :-1 ZBA 5/22/86 Page 10 ~ORMAN REICH HEARING - Cont%.pu~d CHAIRMAN GOEHRINGER: Can I just ask you a couple of questions? There is no intention of making this deck a portion of the habitable living area of the house, adding on to it or putting a foundation underneath it of anything of that nature? H. SAXTEIN: Not at all. It is going to comply with State building code for decks, we are just seeking a c/o for the deck. CHAIRMAN GOEHRINGER: I thank you very much. Anyone else in favor? Against the application? Questions from Board Members? Hearing no further que~ tions, I make a motion closing ~he hearing, and I thank you for coming in. #3483 - At 8:20 p.m. a public hearing was held in the matter of ..... ~.~ .... ~ . ....... ~ or a variance to locate accessory struc- t%~'in front y~rd. 74~5 Soundview Avenue, Southold. Chairman read legal notice and appeal application in their entirety for the record. ELLEN BELLOMO: We would like to locate this building in the front of our property, which is on a private road with only 4 other home~ on the road. We are right on the lake and we don't really want t¢ put it in the back. It is not feasible to put it in the back of this property. It would kind of blend in the surroundings and I don't think it would be an eyesore. CHAIRMAN GOEHRINGER: I was Over a 7 o'clock last Sunday morning to look at it and the only thing I notice that is different from the architect's rendering and the application, is that the architect refers to a 36' x 16' and our application reads 18' x 18'. ELLEN BELLOMO: That must be a mistak~ It is 16' x 16'. CHAIRMAN GOEHRINGER: Now, it does not tell me exactly far from the right of way this is to be constructed. MR. BELLOMO: It is over 300' away from Soundview and we would like to build within 3' of the private road. CHAIRMAN GOEHRINGER: Within 3' and the door of this particular structure would be build on which side? Toward the water? MR. BELLOMO: ' Toward the northeast CHAIRMAN GOEHRINGER: It is a 1% story structure and it will be used only for storage pnrposes and will not have electricity or plumbing or will it have electricity? ZBA 5/22/86 Page 11 pHILIP and ELEN BELLOMO_~9~ring - Cont~.nued MR. BELLOMO: We might have a light in there, but no plumbing. CHAIRMAN GOEHRINGER: Let's ~ee what d~velops. I have one other question to ask you, let's see if anyone else has anything to say. Anyone else in favor? Against the application? Yes, sir. DAN SMITH: Mr. and Mrs. Burdenstein asked me to come to the meeting and tell you the only objection they have is that the building is too close to the right of way. I think it will stick out like a sore thumb. There is nothing else down there like this and they think they could go back 50' or so. CHAIRMAN GOEHRINGER: I am going to ask that question and it is interesting that you got up and said that, Mr. Smith. That is the question I am going to ask this gentleman. Could you answer that for me, sir? MR. BELLOMO: Yes, sir, for one reason is that there is a sump and well within 15 or 20' of it and I would have to cut down a half dozen oak trees. Where we want to put it, we don't have to cut down any trees. CHAIRMAN GOEHRINGER: How far do you think you could move it without cutting any tre~s down? MR. BELLOMO: (two feet) CHAIRMAN GOEHRINGER: DO you have any objection to any screening to place near it, so it does not become obstrusive to your neighbors? Screening in the way of evergreens. MR. BELLOMO. With the space of 3' by the lake, at one end of the shed '~kere would be maybe 4 or 5' and towards the beginning of it it wgt~ld be angled and there are woods we intend to keep right there, !rees and shrubs. It would be decorative. We would not cut back on any costs. CHAIRMAN GOEHRINGER: ~efore making a decision, I will come down and take a look at it again. I ask you if you can locate one of your monuments, specifically one on the southeast side, so we see exactly where it is. It would help us out. I thank you very much. Is there anything else you would like to say, Mr. Smith. The question from Mr. Doyen is there any reason you could not put it on the other side of the property? In the front. ZBA 5/22/86 Page 12 PHILIP ~nd .ELLEN.~BELLOMQ ~earin~ - Continued MR. BELLOMO: It would block the front of the ~use. CHAIRMAN GOEHRINGER: Yes, Mr. Smith. MR. SMITH: I believe that Burdenstein would rather it be where it is now, ~ther on the front side. CHAIRMAN GOEHRINGER: Okay. We thank you, sir. Hearing no further questions, I make a motion closing this hearing, reserving decision until later. #3065 - a~ ~.9o ...... Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS May 22, 1986 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · E · Q . R.A . SERGE DOYEN, JR. ROBERT3. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPHH. SAWICKI Notice of Determination of Non-Si~nificancn APPEAL NO.: 3483 PROJECT NAME: Philip and Ellen Bellomo This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated belo%~. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application*pending for the same or similar project. TYPE OF ACTION: [X~ Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Locate accessory garage/storage building in front yard. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 7455 Soundview Ave., Southo%d, N.Y. 1000-59-6-8 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Construction proposed is landward of eXisting structures. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals, Town Hall Southold, NY 11971; tel. 516- 765-1809 or 1802. ' Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. 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 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 Copies of the Notice of Hearings for May 22, 1986 to the following by mail on or about May 13, 1986: Hand Delivered to: Suffolk Times, Inc. L.I. Traveler-Watchman Mr. and Mrs. Joseph Pacelli, 1090 Cedar Drive, Southold, NY 11971 Mr. Donald A. Denis, A.I.A., P.C., Box 565, Aquebogue, NY as agent for MRS. JOYCE TESE Mr. Leo D. Russell, Greenport NY Cong[egation of Jehovah's Witnesses, Indian Neck Lane, Peconic, NY 11958 Greenport Housing Alliance, 18 South Street, Greenport, NY 11944 Mr. and Mrs. Norman Reich, Box 13, Main Road, Orient, NY 11957 Mrs. Noel P. Birkby, Architect, as agent for MR. & MRS. PHILIP BELLOMO 155 West 19th Street, New York, NY lOOll Mr. John M. Kerbs, Middle Road, Southold, NY l1971 Michael J. Hall, Esq., Youngs Avenue, Southold for GRETCHEN HEiGL -gLORy. ~'" North Shore Neon Sign Co., 698 L.I. Ave, Deer Park, NY agent for WELLS PONTIAC-CADILLAC Wells Pontiac-Cadillac, Main Road, Peconic, NY 11958 11729 as Mr. D}naid J. Grim, 475 dernick Lane, Southotd, NY l1971 Anthcnv B. Tohili, Esq., 6 E~,st Main St, Box 744, Riverhead, f~r MR. AND MRS. WZLLIAM HEINS Mr. and Mrs. William Heins, Main Road, Orient~ NY 11957 NY 11901 Peconic Associates, One Boo"~' ; ~.c-g A1;ey, Greenpert NY 11944 as agen for NO~,'TH FORK WELDIHG Rudo~,ph H. B~uer, Esq., Atcn: ~,,,''~.~. P. Moore Main Road, for MARJORIE D. ~ETi~AS Southold Copies of the Notice of Hearings (continued) also to the following by mail May 13, 1986: for May 22, 1986 Mr. Arthur Siemerling, as agent for NICK THEOPHILOS, Box 108, Mattituck, NY 11952 Mr. John DeReeder, for NORTH ROAD ASSOCIATES, 240 Wampum Way, Southold, NY 11971 Mr. Edward A. Linker, Ref: North Road Associates, opposing 985 Soundview Drive, Orient, NY 11957 Mr. Armando J. Cappa, Main Road, Southold, NY 11971 Mr. and Mrs. Howard Malone, 250 Blue Marlin Drive, Greenport, NY Town Clerk Bulletin Board ZBA Bulletin Board (in office) ZBA Members ZBA Individual Files Building Department Planning Board Supervisor's_Office Town Board Members Town Trustees' Clerk JUDITH T 'FERRY TOVfN CLERK OFFICEOFTHETOWN CLERK TOWN OFSOUTHOLD March 13, 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. 3483 application of Philip and Ellen Bellomo for a variance. Also included is Notice to Adjacent Property Owners; application to and Notice o£ Disapproval £rom the Building Department; Short Environmengal Assessment Form; letter relative to N.Y.S. Tidal Wetlands Land-Use; letter of authorization; and survey. Judith T. Terry Southold Town Clerk TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. -~ c/.? ~) DAT ..... ........ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Philip & Ellen Bellomo 25 Joyce Rd. 1, (We) .................................................................. of ............................................................................ Name of Appellar~t Street and Number Plainview N.Y. ............................ 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 Noel Phyllis Birkby, Arch. Name of Applicant for permit of 155 W. 19 St New York N.Y. 10011 Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) Bldg. Permit 1. LOCATION OF THE PROPERTY 7455 Soundview Ave A Residential Street Use District on Zoning Mop 59 Block 6 Lot 8 ............ ~ .......... . Current Owner Philip & Ellen Bellomo Mop 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 Ordi.nonce.) Art III SEC 100-32 3. TYPE OF APPEAL Appeal is made herewith for ( X ) 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. Lows 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 ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ~'orm z]~l (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Present situation does not provide sufficient or adequate storage space for family living. 2. The hardship created is UNI(~UE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because The present house was built before ordinance went into effect and has no garage or storage area on site which is usable. 3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE,THE CHARACTER OF THE DISTRICT because The proposed accessory buildino is ~mnll ! blend in with the local character o~-~i~h~ approx. 18'x18' ) and will wood frame structures. STATE OF NE.~ YORK ) / / ,,'~i, // , ~/ . / COUNTY ss ~' Signature ........ ~" Sworn ,o this ..................... ., ............................... BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha!.~i-~:t~intention of the undersigned to pe. tition the Board of Appeals of the Town of Southold to request a t(/arianc~(Special Exception) (Special Permit) (Other) [¢±rcle oho±ce] I. 2. That the property which is the subjec[gf tl~e.[P~etition is.J~ated adjacent to your property and is des- cribed as follows: Map # 59 U IOCK Ub LOt UU;5 3. That the property which is the subject of such Petition is located in the following zoning district: A Residential 4. That by such Petition, the undersigned will request the~following relief: tO al'l OW a one $. That the provisions of the Southold Town Zoning .C_o_de~a_oplicable to the relief sought by the under- signed are ~Lcle T T T Secr~c~ [ ] Section 280-^, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Roa_d.~_S .ou_t_h_old, New York and you ma)' then and there examine the same during regular office hours. (516) 7bb--J.tiu~. right to appear and~be heard at such Dated: 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 hearing. p(~twitni:n~e~' NameH:7 ,p~l il~ i~ ~l~:nbY~ ~1~0c:21:e~1: Post Office Address 25 Joyce Rd. P]a~nv~ew, NY 11803 NAME Edith Inge Bernstein Alice & Louis Raneiri PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 128 Bellmore St, Floral Park, NY 11001 163 SO. 8th St.. Lindenhurst, NY 11757 _1 P 329 228 010 RECEIPT FOR CERTIf-i~D MA!L TM .... ,x STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: r P 329 228 009 RECEIPT FOR CERTIFIED MAIL Dehvered NO~;...~,~,Phvll Js Birkbv , residing at 155 W 19th St' ~.Na- Yo~k' NY lQbll , being duly sworn, deposes and says that on ~he day of ,19 , deponent mailed a true copy of the Notice set forth on the re- ~ver!~e~ ~de hereof, directed to each of the above-named persons at the addresses set opp.osite their respect ve ~0 that the addresses set opposite the names of said persons are the addresses of said persons as shown on the Town of Southold; that said Notices were mailed ~t the United States Post CDt'- ; that said Notices were mailed to each of said persons by Notary Public SYLYIA K. ROUSE (This side does not have to be completed on form transmitted to adjoining property owners.) FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall Southold, N.Y. 11971 765 - 1802 APPLICATION FOR CERTIFI:CATE OF OCCUPANCY Instructions A. This application must be filled in typewriter OR ink, and submitted ~ ~ to the Building Inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic featu res. 2. Final approval of Health Dept. of water supply and sewerage disposal--(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: ~ 1. Accurate survey of property showing all property lines, streets, buildings and unusual natural or topographic features. '~ 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. Fees: 1. Certificate of occupancy $5.00 ~ 2. Certificate of occupancy on pre-existing dwelling $15.0 0 3. Copy of certificate of occupancy $1.00 4.Vacant Land C.O. $5.00 New Building ...... . Old or Pre-existing Building ...~ ...... Vacant Land ............. House No, Street Hamlet County Tax Map No. 1000 Section .... .~...~ ...... Block...~. ........... Lot ...... .~'i ........ Subdivision ................................. Filed Map No ........... Lot No .............. Permit No ........... Date of Permit .......... Applicant .................................. Health Dept. Approval ........................ Labor Dept. Approval ........................ Underwriters Approval ........................ Planning Board Approval ...................... Request for Temporary Certificate ..................... Final Certificate Fee Submitted $.. ,I..~..~..'~. ................... Rev. 10-10-78 To: Southo!d To',v n blain Road Southold, NY Board of Appeals 11971 Appeal Application of Location of Property: ~g 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 property i.n the within appeal application: (please chuck cmo box) [ ] blny be located within 300 feet of tidal wetland..;; hey;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'e located :vithin 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, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] -[ // May be located 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 not appear to fall within the jurisdiction of the N.Y.S. D.E.C.] NOTE: approval must be received an[! submit~6d to our office before your application can be scheduled for a public hearing. incere ~ ly yours, If proposed project falls witq~in D.E.C. jurisdiction, .mission of this ~il~rm, and an environmental made by this boa~before any action is I'eqll 1 res sub- will be ,SHORT ENVIP, O~.~.EUTAL A?SFSS?ENT FOP."( ]:ISTP, I~TZCt S: (a) In ordJr to answer the questions in this short gAF is ia asst~ed that the preFarer ~tll use c~rrently available ~fo~aticn conceding the project and t~n ]~kely £m~ct~ of the action, It is not expected that additional studlo~, roeearch or other investigations will be ~dortaken, (b) If any question ham been answered Yes tho proJoc~ may be al~nificant and a ccmple~ed Envlrc~ental Assessmen~ Fo~ is nece~car/o (c) If all questions have been answered No it is likely tPmt this project is ~c~ slgnificant. (d) ~vironmentaZ Assesszent Will project result in a large physical chmnge to the project site or physically alter more · 2. Will there be a major change to any unique or unusual land form found on the site? 3.Will project alter or have a large effect on an existing body of water? . , , , . , &. Will project h~ve a potentially large L~pacb on groundwater quality? , , , , , , . . 5. Will proJec~ significantly effect drainage flow on adjacent sites? , , . , , . . 6, Will project affect any threatened or endangered plant or anir.~l species? , . . , , , , , 7. WLll project result in a major adverse effect on 8, Wkll project have a ~aJor effec~ on visual char- known to be important to the com~mun~ty? · . . 9. Will project adversely in. pact any site or ute of his%eric, pro-his~oric, or pal&ontological importance or any site designated as a critical environmental ares by a local agency? . . . 10. Will project have a major effect on existing or future recreational opportunities? . . , 11. Will project result in major traffic problems or cause a major effect to existiug transportation 12. Will project regularly cause objectionable odors, noise, glare~ vibration, or electrical disturb- ance as a result of the proJect'u operation? . Will project have any l~npact on public health or l&, Will project Affect the existing community by directly causing a ~:'owth In ~ermanent popula- tlon of moro t.~an 5 percent over a One-year period or have a major no~atxve effect on tY.e 15. lo there public ~con%rov~rs~con~(rn~g projects Yes / No No ..... Yea ~ No Yoa ~' No Yes "f No Yes ~/ Ho Yes ~/ NO Yeu l-/ No Yes..~/ I;o Ye~ No Yes No MICHAEL BELFIORE General Contractor ADDITIONS AND ALTERATIONS 82 KETCHAM ROAD, HICKSVlLLE, L. I., N.Y. LICENSE #H1713590000 PROPOSAL: 71\ DATE This proposal becomes a contract when signed. To be paid is followed: Homeowner Contractor o. .~OLD O '- Southold Town Board of Appeals MAIN ROAD- r~TATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI May l, 1986 Mrs. Noel P. Birkby, Architect 155 West 19th Street New York, NV lO011 Re: Appeal No. 3483 - Philip and Ellen Bellomo (Garage Variance) Dear Mrs. Birkby: The board is in a position to authorize advertising of the Notice of Public Hearing in the above matter for our \~.~]~.~jMay 22nd Regular Meeting. Please let us know whether or not you wish this matter scheduled for May 22nd, particularly since Appeal No. 3484 for the addition is being held in abeyance pending receipt of the N.Y.S. Department of Environmental Conservation approval and wetland map, or whether you wish to have both matters heard consecutively at a later date. Also, although we are in receipt of surveys mapped April 3, 1986, the contour lines and wetland grass areas have not been shown as originally requested. Please reply, if possible, by May 12th. Thank you. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski May 22, 1986 Notice of disclaimer to anyone interested in this file: Please be advised that Celic Realtors is currently holding my Real Estate License. At the time of filing this application and the period of time that it takes to hold a public hearing and reach a decision, I have no interest in this application. I further state, that I have -no- knowledge of an existing active listing with the above Real Estate office. This statement is signed with the complete understanding of the information stated above ..... erard P. ehr nger TO WHOM IT MAY CONCERN: I wish to disclose the following statement in the event the property in question should be pending a rea~ estate activity with Celic Estate Agents, Inc., who holds my conditional salesperson's license: I have no interest whatsoever in the sale of this property and am not a part of any other pending real estate activity of a business or professional nature which might be a conflict with my secretarial duties as Stenographer/Secretary of the Board of Appeals of the Town of Southold. & Linda Kowal ski